MACOMB SCHOOL DISTRICT.

AN ACT to consolidate the several acts under which the city of Macomb was incorporated and to amend the same.

ARTICLE XII.

SECTION 1. All that part of township No. five (5) North, of range two (2), and No. five (5) North, of range three (3), and No. six (6) North, of range two (2), and No. six (6) North, of range three (3), all west of the fourth principal meridian, lying within the corporate limits of said city of Macomb, 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 "Macomb School District."

§ 2. The school land, school fund and all other real and personal estate of said townships shall be divided between the said city of Macomb and the portion of the townships lying without the limits thereof, in the proportions and manner following: The trustees of schools of each of said townships shall, within three months from the passage of this Act, appoint two commissioners, who shall be respectable householders, one of whom shall reside in the city and the other in the township without the city, who, after being duly sworn well and truly to perform their duties, shall proceed to ascertain, as nearly as may be, the whole number of white persons under the age of twenty-one years residing in the whole of their respective townships, and the whole number residing in the said city and without said city in the said townships, and thereupon the said trustees of each of said townships shall divide and apportion the aforesaid township fund and real and personal estate between said city and said townships without the city, in proportion of and according to the number of persons aforesaid residing within the city and without the city, in the said townships respectively; and the said commissioners shall have power to make partition of and division of all the funds and real and personal estate belonging to the said townships, between the city and the portions of the townships without the city, in the proportions aforesaid, and, having completed the same, shall make a full return of their proceedings to the trustees aforesaid. In case the commissioners shall refuse or neglect to perform their duties, the trustees shall appoint others in their stead, who shall be chosen, sworn and perform the like duties assigned to the first commissioners; and the trustees shall have power to fill vacancies and make appointments until the objects of this act are carried into effect.

§ 3. The trustees of schools of said townships shall, upon such division, partition and return of the commissioners being made, pay over and deliver to the clerk of the city of Macomb the funds and other personal estate, and make, execute and deliver to the said city of Macomb all necessary deeds and other conveyances for the distributive share of the real estate of said township to which the said Macomb School District may be entitled according to the division and distribution aforesaid, and take receipts for the same from the clerk.

§ 4. 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 Macomb School District to be furnished to the school commissioner of McDonough county within ten days after the same shall have been ascertained; and the school commissioner shall annually pay to the clerk of the city of Macomb the proportion of the school, college and seminary fund to which the said Macomb School District may be entitled, according to the number of persons under the age aforesaid residing in said district, taking his receipt therefor; but no abstract shall be required to be returned to the school commissioner oftener than is required by law in other school districts.

§ 5. The school land, school fund and other property of the Macomb School District shall be vested in the city of Macomb. The city council shall have power, at all times, to do all acts and things in relation to said school lands, 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 the city council may deem most advantageous, and on such sale or lease to make, execute and deliver all proper conveyances, which said conveyances 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.

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

7. 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, inspectors of schools, but they may appoint seven inspectors, to be denominated "A Board of School Inspectors;" also three trustees of schools in each district, and to establish and prescribe the powers and duties of each.

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

8. The city council shall have the 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.

§ 9. The school agent, before entering upon his duties, shall give bond 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 in office to the same penalties and imprisonment as school commissioners are or may be subject to by law.

§ 10. The school fund shall be loaned at interest at the rate of 10 per cent. per annum, payable semi-annnally, in advance. No loan shall be made for a longer period than five years, and all loans exceeding $100.00 shall be secured by unincumbered real estate of double the value of the least sum loaned, exclusive of the value of perishable improvements thereon. For sums less than $100.00, two good securities besides the principal shall be required: Provided, the city council shall have power to reduce the rate of interest by a vote of two-thirds of all the aldermen elected.

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

$ 12. All expenses of preparing or recording securities shall be paid exclusively by the borrower.

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

§ 14. If default be made in the payment of interest or of the principal when due, interest at the rate of 15 per cent. upon the same shall be charged from the default, and may be recovered by a suit or otherwise. Suit may be brought for the recovery of interest only when the principal is not due.

§ 15. All judgments recovered for interest or principal, or both, shall respectively bear interest at the rate of 10 per cent. per annum, from the rendition of judgment until paid; and in the case of the sale of real estate thereon, the city of Macomb 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 time of sale.

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

§ 17. 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 thereof, 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. § 18. 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.

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

§ 20. Any person owning land, or residing around or adjacent to said city, within two miles thereof, may, with his consent, be annexed to said Macomb School District, and school tax may be levied and collected upon the lands 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. 14, 1857.

NORMAL SCHOOL DISTRICT.

AN ACT to incorporate the town of Normal.

ARTICLE VIII.

SECTION 1. The town of Normal, as hereby incorporated, and the several additions which may hereafter be made to said town, shall constitute a school district, and be known as "Normal School District."

§ 2. The government of said district, for school purposes, shall be vested in a board of five persons, to be styled "The Board of Education of Normal School District."

§ 3. There shall be elected by the qualified voters of said district, at the first election for town officers herein provided for, five persons, who shall constitute said board, and hold their offices for one, two, three, four and five years, respectively, and until their successors shall be elected and qualified. At the first meeting they shall draw lots for their respective terms of office for one, two, three, four and five years. And, thereafter, on the first Monday of March, annually, there shall be an election for the purpose of electing one member of said board, who shall hold his office for five years and until his successor is elected and qualified. All vacancies in said board shall be filled at said annual elections; but said vacancy happening between times of the regular annual elections, by death, resignation or removal from the district, shall be filled by the remaining members of the board; and the

person so appointed shal' hold the office till the next annual election and until his successor shall be elected and qualified. The meetings for said election of said member or members of said board shall be notified and called, and the poll-book opened and kept, the votes canvassed and the returns made in the same manner as for election of other town officers: Provided, that the ballot for a member or for members of the said board of education shall be upon a separate slip of paper; and form no part of a ballot for other town officers. In case of a tie in any election of members of said board, the judges of election shall decide the same, by lot, on the day of election or as soon thereafter as may be.

§ 4. The said board of education shall be a body corporate and politic, by the name and style of "The Board of Education of Normal School District:" may have a common seal, and change the same at pleasure; and as such may contract and be contracted with, sue and be sued, plead and be impleaded in and before any tribunal having competent jurisdiction.

§ 5. It shall be the duty of the said board to hold quarterly sessions, on the second Monday in March, June, September and December of each year; and they shall meet, by adjournment, at such times as they may think proper; and the president of the board or any two members thereof may call a special meeting of the board by giving a verbal notice of the time and place and object thereof, or by leaving a written notice thereof at the residence of each member of the board. And, at all meetings, a majority of the board shall constitute a quorum for the transaction of business. Said board shall organize by appointing one of their number president; and they shall also elect a clerk, who may be a member of the board, and treasurer, who shall not be a member of the board, who shall hold their respective offices during the pleasure of the board, and until their successors shall be elected and qualified. The president shall preside at all meetings of the board at which he shall be present; and it shall be the duty of the clerk to be present at said meetings, and to record in a book to be provided for that purpose, all the official proceedings of said board; which records shall be public and open to inspection of any person interested; and all said proceedings, when recorded, shall be signed by the president and clerk, and a copy, certified by the clerk, shall be prima facie evidence of such proceedings in all courts and other places. If the president or clerk shall be absent, the board may appoint a president or clerk pro tem. The treasurer shall execute to said board an official bond, with good and sufficient secuities - such bond to be approved by the board-in such sums as the board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that will be likely to be at any one time in his hands, and conditioned for the faithful performance of his duties as treasurer in safely keeping and promptly paying over all moneys which he shall receive as such treasurer, as he shall from time to time be directed by order of the board or required by law so to do. He shall keep a true and accurate record, in proper books for that purpose, of all moneys received and paid out, for what purpose and upon what