the commissioners appointed as aforesaid, shall refuse or neglect to perform the duties aforesaid, within one month from the time of their appointment, the said trustees of schools of said township shall have power to appoint others in their stead, either in or out of said city of La Harpe, who shall, in like manner, perform the duties assigned to the first-mentioned commissioners; and said trustees shall have power to make appointments and fill vacancies in the same until the objects of this act are carried into effect; Provided, the same shall be done within twelve months from and after the passage of this act.

§ 21. The trustees of schools of said township seven North, range five West, shall, upon such partition being made, pay over and deliver to the city of La Harpe the funds and deeds to which said La Harpe school district may be entitled, according to the division and distribution aforesaid, and shall take from the clerk of the city of La Harpe a receipt for the same. All school houses in said city of La Harpe which have been built by taxation or voluntary contribution shall be and remain the property of the city for school purposes, and not subject to partition, as provided in the preceding section, but the same shall be by said commissioners conveyed to the said city in the same manner as the property which may be by them partitioned and set off to said city as herein before provided.

§ 22. It shall be the duty of the city council of the city of La Harpe to cause to be furnished to the school commissioner of Hancock county an abstract of the whole number of white children under the age of twenty years, residing in said La Harpe school district, within ten days after the number shall be ascertained; and the said school commissioner shall, annually, pay to the clerk of the city of La Harpe the proportion of the school, college and seminary fund to which the said La Harpe school district may be entitled, according to the number of children under the age aforesaid residing in said district, taking his receipt for the same: Provided, that no abstract of the number of children as aforesaid, residing in said La Harpe school district, shall be returned to said school commissioner oftener than once in two years, as required in other school districts.

§ 28. That so much of the act entitled "An act to establish and maintain common schools," in force Feb. 16, 1857, and all other acts and parts of acts coming in conflict with the provisions of this act, so far as relates to said La Harpe school district, is hereby suspended. APPROVED Feb. 24, 1859.

LAKE FOREST SCHOOL DISTRICT.

AN ACT to amend an act entitled "An act to incorporate the city of Lake Forest," approved Feb. 21, 1861.

ARTICLE X.

SECTION 1. The care and superintendence of the common or public schools, within the city of Lake Forest, together with the funds and estate, both real and personal, belonging to the districts embraced

within the limits of said city, shall devolve upon the city council; and they shall have the power to appoint, at any meeting after their annual election in each year, a superintendent of public schools for said city, whose term of office shall be for one year, and until his successor shall be duly elected and qualified; and his duties and the amount of his salary shall be defined by the city council. And the said city council shall have power to make all laws and ordinances necessary and proper for the management of said schools, not inconsistent with the laws and Constitution of this State.

§ 2. It shall be the duty of the said superintendent to furnish to the school commissioner of Lake county an abstract of the whole number of children under the age of twenty-one (21) years, residing. in the said city, within ten (10) days after the same shall be ascertained; and the said school commissioner shall, annually, pay to the clerk of the city of Lake Forest the proportion of the school, college and seminary fund to which the said city may be entitled, according to the area of said city, and the number of children under the age aforesaid residing in said city, taking his receipt for the same. It shall be the duty of the city clerk, on the receipt of such money, to pay the same over to the treasurer of said city, taking his receipt for the same. The abstract of the number of children, as aforesaid, shall be taken once in two (2) years, in such manner as the city council shall direct.

§ 3. All common or public school houses and school property within the limits of said city shall belong to the city; and the city council shall have power, and it shall be their duty, to divide said city into proper school districts, and erect substantial and comfortable school houses (in) each of the same.

§ 4. The township funds, and the estate, real and personal, belonging to townships forty-three (43) and forty-four (44), range twelve (12) East, in the county of Lake, shall be divided between the city of Lake Forest and the portions of said townships lying without the city of Lake Forest, as follows: The city clerk of said city shall be required to give notice, in writing, to the trustees of schools of the said townships, respectively, either by delivering a copy of said notice to each of said trustees, personally, or by leaving the same at the residence of each of said trustees, respectively; which notice shall be so served at least ten (10) days before the term of court to which application shall be made, and shall notify said trustees that, at the then next ensuing term of the circuit court of the county of Lake, an application will be made to the said court to divide the funds and estate of the said townships, respectively, between said townships, respectively, and the said city of Lake Forest, and the said trustees respectively, and the said city clerk, shall each be required to appear before the said court, and give full and true statements, so far as they and each of them may be able, of the number of persons under the age of twenty-one (21) years residing within said city, and the portions of said townships, respectively, without said city, and the amount of funds and estate now belonging to each of said townships, and the amount of the same heretofore transferred by either of said townships to said city; and the said court, giving credit and allowance for all that may have been so

transferred, shall fairly and equitably divide and apportion said funds and estate, giving to each its fair and equitable share of the same; and the trustees of each of the said townships, respectively, shall thereupon convey, transfer and deliver unto the said city of Lake Forest such shares or portions of said funds and estate as may be so awarded by said court; and said court shall have power to compel and enforce its orders in such behalf.

APPROVED March 11, 1869.

LITCHFIELD SCHOOL DISTRICT.

AN ACT to reduce the charter of the City of Litchfield and the several acts amendatory thereof into one, and to revise the same.

ARTICLE XII.

SECTION 1. All those parts of townships number eight (8) and nine (9) North, of range five (5) West of the third (3d) principal meridian, lying within the corporate limits of the said city of Litchfield, as defined in article one (1) of this act, with such other parts of said townships as may be incorporated with and come under the jurisdiction of said city, is hereby created into a common school district, to be known as the Litchfield School District.

§ 2. It shall be the duty of the city council to cause an abstract of the whole number of white children under the age of twenty-one years, in the Litchfield school district, to be furnished to the superintendent of public instruction of Montgomery county within ten days after the same shall be ascertained; and the said superintendent of public instruction shall pay, annually, to the clerk of the City of Litchfield the proportion of the school, college and seminary fund to which the said Litchfield School District may be entitled, according to the number of persons under the aforesaid age residing in said district, taking his receipt therefor; but no abstract shall be required to be returned to the superintendent of public instruction oftener than it is required. by law in other school districts.

§3. The school land, school fund and other property of the Litchfield School District shall be vested in the city of Litchfield. The city council shall have power at all times to do all acts and things in relation to said school land, school fund and other property which they may think proper to their safe preservation and efficient management, and sell or lease said lands and all other property which may have been or may hereafter be donated to the school fund, on such terms and at such times as they may deem most advantageous, and on such sale or lease to make, execute and deliver all proper conveyances, which said conveyance shall be signed by the mayor or presiding officer and countersigned by the clerk, sealed with the corporate seal; but the proceeds arising from such sales shall be added to and constitute a part of the school fund.

§ 4. Nothing shall be done to impair the principal of said fund or to appropriate the interest accruing from the same to any other pur

pose than the payment of teachers in the public schools of the district; and should there be any surplus of interest, it shall be carried to and form a part of the school fund.

§ 5. The city council shall have power:

First-To erect, hire or purchase buildings suitable for school houses, and keep the same in repair.

Second-To buy or lease sites for school houses, with the necessary grounds.

Third-To furnish schools with the necessary fixtures, furniture and apparatus.

Fourth-To maintain, support and establish schools, and supply the inadequacy of the school fund for the payment of city teachers from school taxes.

Fifth-To fix the amount of compensation to be allowed to teachers. Sixth-To prescribe the school books to be used and the studies to be taught in the different schools.

Seventh-To lay off and divide the city into smaller school districts, and, from time to time, alter the same or create new ones, as circumstances may require.

Eighth-The city council shall be ex officio trustees and directors of schools; but they may appoint six (6) inspectors, or two for each ward in the city, to be denominated a board of school inspectors; and shall establish and prescribe their powers and duties.

Ninth-And generally to have and possess all the rights, powers and authority necessary for the proper management of the schools and the school lands and funds belonging to the said school district, with power to enact such ordinances as may be necessary to carry their powers and duties into effect.

§ 6. The city council shall have power to appoint a school agent, who shall have the custody and management of the money, securities and property belonging to the school fund of the district, subject to the direction of the city council.

§ 7. The school agent, before entering upon his duties, shall give bonds in such amount and with such conditions and securities as the city council may require; his compensation shall not be paid out of the school fund, and he shall be subject, for misconduct, to the same penalties and imprisonment as county commissioners are or may be subject to by law.

§ 8. The school fund shall be kept loaned at interest at the rate of 10 per cent per annum, payable semi-annually, in advance. No loan shall be made for a longer period than five years, and all loans exceeding $100 shall be secured by unincumbered real estate of double the value of the sum loaned, exclusive of the value of perishable improvements thereon. For sums less than $100, two good securities beside the principal shall be required: Provided, the city council shall have power to increase the rate of interest by a vote of two-thirds of all the aldermen elected.

§ 9. All notes and securities shall be taken "to the city of Litchfield for the use of the inhabitants of said city for school purposes,' and in that name all suits and actions and every description of legal proceedings may be had.

§ 10. All expenses of preparing or recording securities shall be paid exclusively by the borrower.

§ 11. In the payment of the debts of deceased persons, those due the school fund shall be paid in preference to all others, except the expense attending the last illness and funeral of the deceased, not including the physician's bill.

§ 12. If default be made in the payment of interest or of the principal, when due, the same may be recovered by suit or otherwise.

§ 13. All judgments recovered for principal or interest, or both, shall respectively bear interest at the rate specified in the note from the rendition of judgment until paid, and in case of the sale of real estate thereon, the city of Litchfield may become the purchaser thereof, for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption, 10 per cent interest shall be paid from the day of sale.

§ 14. No cost made in the course of any judicial proceeding in which the city of Litchfield, for the use of the school fund, may be a party, shall be chargeable to the school fund.

§ 15. If the security on any loan should at any time before the same is due, become, in the judgment of the school agent and city council, insecure, the agent shall notify the person indebted; and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon, as in other cases, although no conditions to that effect be inserted in the note or other security.

§ 16. The council shall annually publish, at such times as may be prescribed by ordinance, in the newspaper publishing the ordinances of the city, a statement of the number of pupils instructed in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts and the object of such expenditures.

§ 17. The school tax shall be paid into the city treasury and be kept a separate fund for the building of school houses and the keeping the same in repair, and supporting and maintaining schools; and should there be at any time a surplus, the same may be paid over to the school fund and form a part of the same.

§ 18. Any person owning land or residing around or adjacent to said city, within two miles thereof, may, with his consent and the consent of the trustees of his township, be annexed to said Litchfield School District, and school tax may be levied and collected upon the land and property of such person, subject to taxation by the city collector in the same manner as school taxes within the said district. APPROVED Feb. 27, 1869.