WARSAW SCHOOL DISTRICT.

An Act for the establishment of a system of graded schools in Warsaw, Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all the territory within the limits of the township of Warsaw, Hancock county, Illinois, according to its present or future boundaries, is hereby erected into a common school district, to be known as the Warsaw School District.

§ 2. The care and superintendence of the common schools within said district, together with the funds and estate, both real and personal, belonging to and which may be conveyed to said district, shall devolve upon a board of education for said district, and they shall have the exclusive management and control of said schools, and said real and personal funds and estate.

§ 3. The said board of education shall consist of six members, who shall be legal voters of said district, and they shall be elected by the legal voters of said district, and hold their offices for three years from the day of their election and until their successors are elected, except that of the board first elected under this act, two shall retire from office at the end of the first year, two at the end of the second year, and two at the end of the third year; and the period of their said retirement shall be determined by lot among said members.

ELECTION.

An election shall be held annually at the public school building, on block 92, in the town of Warsaw, according to its recorded plat, on the last Saturday in the month of June of each year, at the first of which six members of said board shall be elected, and at each election thereafter there shall be elected successors to those members whose terms are about to expire, and to fill the unexpired terms of those members whose places in said board have become vacant during the year preceding by reason of death, resignation, or removal from said district, and said board of education shall have power to fill all vacancies so occurring until the ensuing annual election.

NOTICE.

Notice of these annual elections shall be given by the clerk of said board, by posting up written notices of the time and place of said elections and the officers to be elected and the question to be determined thereat, in three of the most public places of said district, at least ten days before such election is to take place; and the first election under this act is to take place in June next, and the notice therefor shall be given by the acting clerk of the present board of educa tion for said district; and until said first election said present board of education shall hold their present offices, as shall also their present treasurer and clerk; and all their several acts shall be valid and binding, according to their present rules. Said election shall be conducted in a manner provided for the election of school trustees by the act in force April 26, A. D., 1859, except that the president of said board shall be one of the judges of election, if present; and there shall be two clerks of said election, one of whom shall be the clerk of the board of education, if present; and two poll books of said election shall be

kept, one of which shall be filed by the clerk of said board, and the other of which shall be returned by said clerk of Hancock county and be by him filed in his office.

4.

Said board are hereby created a body corporate and politic, by the name of the "Board of Education of the Warsaw School District," and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places, and have perpetual succession and a common seal, and the same alter and change at pleasure; and they may exercise all the powers that school trustees of townships and boards of directors of school districts generally may do, by any law now in force or that may be hereafter passed; and they are hereby empowered to receive conveyances of real estate in their corporate name, and also to convey the same by said name, and all such conveyances shall be executed and acknowledged by the president of said board, and attested by its seal and the signature of the clerk: Provided, that all such conveyances shall be authorized by a resolution of said board: And, provided, further, that all sales and conveyances of school houses and grounds pertaining thereto shall be determined upon a majority of the legal voters of said district, upon the submission of the question of such sale to them, at an annual election by said board.

§ 5. Said board shall hold stated and regular meetings once in each month, the time to be designated by the rules of said board; and said board may make, from time to time, all needful rules and regulations for their own government and the government of all officers and agents elected or appointed by the board, and for the custody, care and management of all the schools, school funds and school property belonging at any time to said Warsaw School District, and all such rules shall have the force and effect of ordinances passed by the council of a city, and shall be recorded by the clerk of said board, and a copy thereof, certified by said clerk, under the seal of said board, shall everywhere be received as evidence of the passage of said rules, which shall be in force from their passage.

§ 6. Said board shall annually, at their stated meeting in July, elect one of their number president, who shall preside at the meetings of the board, if present, and perform such other duties as may be imposed upon him by the rules of said board; and they shall also elect a treasurer and clerk, who shall not be members of said board; and said treasurer shall be treasurer of the school fund of said district; and they may also elect a superintendent of schools of said district, who may or may not be one of their own number, and appoint such agents and committees as the necessities of said district may seem to require, and adopt rules determining their duties and compensation; and all such officers so elected shall hold their offices for one year from said July meeting and until their successors are elected and qualified, unless sooner removed by said board for adequate cause: Provided, that the members of said board shall in no case receive any compensation for their services as such, but shall render the said services for love of the cause, the honor of the position and the public good.

§ 7. All actions and rights of action which have accrued or may hereafter accrue to any persons or corporations for the benefit of the Warsaw School District, are hereby vested in said board of education.

§ 8. Said board of education, or a committee thereof, shall examine all applicants to teach in the public schools of said district in relation to their qualifications to teach, and if satisfied that said applicant is apt to teach, possesses good governmental qualities, is of good moral character, and properly qualified to teach such branches as is required of him or her, said board shall give such person a certificate of qualification, signed by the president, and may revoke the same for gross immorality, incompetency, or other adequate cause. Said board shall elect all instructors in the public schools of said district, and determine the duties and compensation and time of service, and may remove the same at any time for adequate cause, to be determined by said board by a rule adopted for that purpose.

§ 9. A majority of said board shall constitute a quorum for the transaction of all business. It shall be the duty of said board to cause an abstract of the whole number of white children under the age of 21 years, within said district, to be furnishd with such further information as is required in sections 36 and 79 of this act to establish and maintain a system of free schools, approved February 16, A. D. 1857, to the school commissioner of Hancock county, within ten days after the same shall have been ascertained; and the school commissioner shall pay annually to the treasurer of said board, the amount said district is entitled to receive from any funds that are or may be in his hands. subject to distribution for the support and benefit of schools in said county, in accordance with the provisions of all laws that have been or may be passed, the same as if no special charter had been conferred upon said Warsaw School District.

§ 10. Said board shall have full power to purchase or lease sites and necessary grounds for school houses; to erect, hire, purchase, finish and keep in repair sufficient buildings for school purposes; to furnish schools with necessary books, fixtures, fnrniture, apparatus and libraries; to establish and maintain a system of public graded schools of said district; and to prescribe the studies to be taught, and the books to be used therein; to pass by-laws and rules to carry these powers into complete execution; to supply the insufficiency of school funds for payment of teachers, and other school purposes and expenses, by school taxes, to be levied and collected as hereinafter provided.

§ 11. It shall be the duty of said board, and they shall have full power to determine the amount of money needed to maintain the public schools of said district, free to all the children therein; and for paying all the expenses of the same, of every description, for each school year, over and above the amount of money from school funds and all other sources; and they shall designate the same school tax, and it shall, in like manner, be the duty of said board, and they shall have full power to determine the amount of money needed at any time for the purposes of purchasing, leasing, or improving grounds for school purposes, or for purchasing, leasing, building, finishing, repairing, improving or insuring school houses, or for procuring furniture, libraries or apparatus therefor; and they shall designate the same school house tax; and it shall be the further duty of said board, at

any meeting prior to the second Monday of September, annually, to ascertain the rate per cent. upon the assessment of property in said township, for State and township purposes for that year, needed to be levied to raise the amount of school tax determined upon, and what rate per cent. upon the same will need to be levied to raise the amount of school house tax determined upon, which rate or rates per cent., respectively, the president and clerk of said board shall certify, under the seal of said board, and make return thereof to the clerk of Hancock county, on or before the second Monday of September, annually; and it shall be the duty of said clerk to extend the said tax or taxes in one column under said name of school tax, according to said rate or rates upon the collectors books for that year for said township of Warsaw, or said Warsaw School District; and the said taxes shall be collectable as other taxes are or may be; and the township collector shall pay over such school tax and school house tax to the treasurer of said board, at or before the time for him to return his books; and all delinquent taxes collected, or redemptions made from tax sales, shall, to the extent of said taxes and the redemption made thereon, be paid over to the officers receiving the same, to the treasurer of said board on demand.

§ 12. The clerk of said board shall keep a record of all its proceedings, and have custody of the seal and attest with his signature and the seal of the board, all official acts authorized by the board, and signed by the president, and perform such other duties as may be imposed upon him by the rules of said board.

§ 13. The treasurer elected by said board shall, before entering upon his duties, execute a bond, with two or more freeholders, who shall not be members of the board, as securities, payable to the board of education for which he is elected treasurer, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of treasurer of said board according to law, and the securities shall be approved by the majority of said board, and the bond shall be filed and kept by the clerk of said board; each treasurer so elected shall have custody of all bonds, notes, mortgages, moneys and effects, denominated principal, as well as all school moneys and funds for distribution belonging to said Warsaw School District, and the said penalty of said treasurer's bonds shall be twice the amount of said bonds, mortgages, notes, moneys and effects, as near as can be ascertained, which bonds shall be in the following form:

Know all men by these presents, that we, A, B, C, D, and E F, are held and firmly bound, jointly and severally, unto the board of education of the Warsaw School District. in the penal sum of... ......dollars, for the

payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents. In witness whereof we hereunto set our hands and seals, this....... ....day of.... .19......the conditions of the above obligation is such that if the above bounden A........ B.... treasurer of the board of education of the Warsaw School District, aforesaid, shall faithfully discharge all the duties of said office according to the laws that are now or may hereafter be in force, and the rules of said board, and

shall deilver to his successors in office all moneys, books, papers securities and property in his hands as such treasurer, then this obligation to be od, otherwise to remain in full force and effect.

§ 14. Said board of education shall have power to prescribe the mode of keeping the treasurer's books, and make such rules regulating the conduct of his office of treasurer as they may deem proper, not inconsistent with this act.

§ 15. Said treasurer shall loan all moneys which may come into his hands by virtue of his office, except such as may be subject to distribution or applicable to some other special purpose upon the following conditions: The rate of interest shall be ten per cent, per annum, payable every four months in advance, the time for which loans shall be made, shall not be less than six months nor more than five years. For all sums not exceeding one hundred dollars, loaned for not more than one year, two responsible sureties shall be given for all sums over one hundred dollars, and for all loans for more than one year security shall be given by mortgage or deed of trust on unincumbered real estate, in value double the amount loaned; and in case improvements are included in said valuation, said improvements shall be insured to the amount of said loan, and the policy of insurance assigned to said board as collateral security, and all such mortgages or deeds of trust shall be conditioned that in case additional security shall at any time be required by said board, the same shall be given to the satisfaction of said board. Notes, bonds, mortgages and other securities taken for money or other property due or to become due to said board, shall be payable to said board by their corporate name, and in such name every description of legal and equitable proceedings may be had for the recovery of money for breach of contracts and for every legal and equitable liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of this corporation. Provided, that notes, bonds, mortgages and other securities which are payable to the City of Warsaw for the use of the Warsaw School District, shall be valid to all intents and purposes, and suit may be brought on the same in the name of the said board of education: And, provided, further, that if at any time any portion of the principal of said school fund shall remain in the hands of said treasurer, for the space of three months unloaned by reason of inability on the part of said treasurer to safely loan the same at ten per cent, then said board may, by unanimous resolution, authorize said treasurer to loan said portion of said principal for six months only at a time, for such less rate of interest than ten per cent as said board may unanimously agree upon; or said board may order said portion of said principal to be invested in interest bearing securities of the United States, until such time as the same can be loaned for ten per cent. The wife of the mortgagor, (if he has one), shall join in the mortgage or deed of trust given to secure the payment of the money loaned by virtue of the provisions of this act, and if given upon a homestead, said homestead right shall be released and waived in favor of said board of education.

§ 16. Mortgages or deeds of trust to secure the payment of money loaned under the provisions of this act, may be in the form prescribed