.range. ......in the county of..

....and State of Illinois, for the use of the inhabitants of said township, the following described real estate, to-wit: (Here insert premises), which real estate I declare to be in mortgage for the payment of.. ...dollars loaned to me and for the payment of all interest that may accrue thereon to be computed at the rate of.. ..per cent per annum until paid. And I do hereby covenant to pay the above sum of money in...... ..years from the date hereof, and to pay the interest on the same annually, at the rate aforesaid. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance, and that I will pay all taxes and assessments which may be levied on said estate, and that I will give any additional security that may at any time be required in writing by the board of trustees; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or covenants herein contained, I will deliver immediate possession of the premises. And it is further agreed by and between the parties, in case a bill is filed in any court to foreclose this mortgage for non-payment of either principal or interest, that the mortgagor will pay a reasonable solicitor's fee, and the same shall be included in the decree and be taxed as cost; and we, A. B., and C., wife of A. B., hereby release all right to the said premises which we may have by virtue of any homestead laws of this State, and in consideration of the premises, C., wife of A. B,, doth hereby release to said board all her right and title of dower in the aforegranted premises for the purpose aforesaid.

In testimony whereof, we have hereby set our hands and seals this...... ...day of.............

.19...

A...
C.....

.B.
D.

. (Seal) ..(Seal)

Which mortgage shall be acknowledged and recorded as is required by law for other conveyances of real estate; the mortgagor paying the expenses of acknowledgement and recording. On payment of any school mortgage in full, it shall be the duty of the trustees of schools to give a deed of release of such mortgage or to enter satisfaction thereof upon the record, such deed of release or satisfaction to be executed by the township treasurer.

§ 8. Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained and damages recovered as upon other covenants; but mortgages made in any other form to secure payment, as aforesaid, shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed may be included; but in any such case said improvement shall be insured for the insurable value thereof in some safe and responsible insurance company or companies, and the policy or policies of insurance shall be transferable to the board of trustees as additional security for any loan, and shall be kept so insured until the loan is paid

1. Where lands are first offered by the Master in separate parcels, and there being no bidders, the lands may then be sold en masse. Van Valkenberg v. Trustees of Schools, 66-103

§ 9. In all cases where the board of trustees shall require additional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon to the date of judgment. Provided, that the proof be made of the said requisition.

1. The provisions of this section enter into every contract of loans made under the statute, and constitute, so far as applicable, as much a part of the mortgage as if expressly incorporated into it. It is apparent that the intention of section 9 is to make the original debt become due, for all the purposes of any remedy for its collection, immediately upon failure to comply with the requirement to give additional security. The authority to require such additional security is given by statute. When requisition for additional security is made and not complied with, a bill will lie to foreclose such mortgage. Board of Trustees v. Davidson, 65–124.

§ 10. In the payment of debts by executors and administrators, those due the common school or township fund shall have a preference over all other debts, except funeral expenses, the widow's award, and the expenses attending the last sickness, not including the physician's bill. And it shall be the duty of the township treasurer to attend at the office of the probate judge upon the proper day, as other creditors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid.

1. When the principal debtor to the township fund dies, it is the duty of the treasurer to present the note, on the day appointed by the administrator for the adjustment of claims and have it allowed against his estate. If this resource be unavailing, it is the duty of such officer to institute suit, if necessary, against the two responsible sureties to recover the amount of the principal and interest due upon the note. For neglect or refusal to perform this duty, the treasurer becomes liable therefor upon his official bond. McHaney v. Trustees of Schools, 68-140; House v. Trustees of Schools, 83-368; Curry v. Mack, 90–606.

§ 11. If default be made in the payment of interest due upon money loaned by any county superintendent or township treasurer, or in the payment of the principal, interest at the rate of twelve per cent per annum shall be charged upon the principal and interest from the day of default, which interest shall be included in the assessment of damages; or in the judgment in the suit or action brought upon the obligation to enforce payment thereof, and interest as aforesaid may be recovered in action brought to recover interest only. The said township treasurer is hereby empowered to bring appropriate actions in the name of the board of trustees, for the recovery of the yearly interest, when due and unpaid, without suing for the principal, in whatever form secured; and justices of the peace shall have jurisdiction of such cases of all sums not exceeding two hundred dollars.

1. The interest charged at the rate of twelve per centum, per annum, for not paying school money borrowed, when due, is in the nature of a penalty, and cannot be recovered upon a declaration in the ordinary form, upon the note, but a special averment should be inserted, claiming the penalty. Hamilton v. Wright, 2-582; Trustees of Schools v. Bibb, 14-371; Pearsons v. Hamilton, 14-415; Sexton v. School Commissioner, 19-51.

2. This penalty is not assignable. It is given by the statute for wrongfully withholding money due the school fund, and is not a part of the contract contained in the bond or mortgage given to secure the money loaned. It cannot be recovered upon an ordinary declaration counting upon the contract, but a special count is required, claiming the penalty as given by the statute. Bradley v. Snyder, 14-263.

§ 12. All suits brought or actions instituted under the provisions of this act, may be brought in the name of the trustees of schools of township No......range No......except as provided for qui tam actions, or actions in favor of county superintendents.

§ 13. The said township treasurer shall demand, receive and safely keep, according to law, all moneys, books and papers of every description belonging to his township. He shall keep the township funds loaned at interest; and if, on the first Monday in October, in any year, there shall be any interest or other funds on hand which shall not be required for distribution, such amount not required as aforesaid, may, if the board of trustees sees proper, forever be considered as principal in the funds to which it belongs, and loaned as such.

1. All moneys that come into the hands of the treasurer, as such, must necessarily be and remain there, in contemplation of law and in the real sense of the bond, as to the obligee, and for all purposes, until they are accounted for by some act or fact which legally discharges him from liability for them. Where they have thus come during a former term, and have not been so accounted for, they must have come thence into his hands as treasurer for the one succeeding. Trustees of Schools ▼. Peak, 43A-50.

2. As a general rule, money in the custody of the law, or in the hands of an officer of the law, is not liable to be reached by garnishee process. Money in the hands of school directors or their treasurer, is not liable to garnishment. The reason is that the money or property is in the custody of the law, and while it so remains it is not the property of the debtor, to satisfy whose debt the process is instituted. Nor is such officer his debtor. While the money is in the hands of the officer the law may control it, and preventing its ever reaching the hands of the person whose debt is thus sought to be satisfied. Millison v. Fisk, 43-112; Bivens v. Harper, 59-21.

§14. On the first Mondays in April and October of every year, the township treasurer shall lay before the board of trustees a statement showing the amount of interest, rents, issues and profits that have accrued or become due since their last regular half yearly meeting, on the township lands and township funds, and also the amount of State and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages and all other evidences of indedtedness belonging to the township, for the examination of the trustees; and shall make such other statement as the board may require, touching the duties of his office.

§ 15. The said township treasurer shall make out annually, and present to the board of trustees, at their meeting succeeding the annual election, a complete exhibit of the fiscal affairs of the township, and of the several districts or parts of districts in the township, showing the receipts of money, and the sources from which they have been derived, and the deficit and delinquencies, if there be any, and the cause, as well as a classified statement of moneys paid out, and the amount of obligations remaining unpaid.

§ 16. The township treasurer shall, within two days after the first Monday of April, and on July 15th in each year, make out for each district or part of district in the township, a statement or exhibit of the exact condition of the account of such district or part of district, as shown by his books on April 1 and June 30 of each year; which

statement or exhibit shall show the balance at the time of making the last exhibit, and the amount received since, up to the time of making the exhibit, and when and from what source received; and it shall also show the amount paid out during the same time, to whom paid, and for what purpose, and shall be balanced, and the balance shown. It shall be the duty of said treasurer to comply with any lawful demand the said trustees may make as to the verification of any balance reported by said treasurer to be on hand. The exhibit shall be subscribed and sworn to by the treasurer before any officer authorized to administer an oath, and shall then, by the treasurer, be, without delay, delivered or transmitted by mail to the clerk of the board of directors of the proper district. It shall be the duty of the said clerk, upon receiving such exhibit, to enter the same upon the records of the district, and, at the next annual election of directors thereafter, to cause a copy thereof to be posted up at the front door of the building where such election is held.

§ 17. For a failure on the part of the treasurer, clerk of any board of directors, or any director, to comply with any of the requirements of the preceding sections of this article, he shall be liable to a penalty of not less than $5 nor more than $50, to be recovered before any justice of the peace of the county in which the offense is committed.

§ 18. When any order drawn for the payment of a teacher, is presented to the township treasurer for payment, and is not paid for want of funds, the said treasurer shall make a written statement over his signature by an endorsement on such order, with date, showing such presentation and non-payment, and shall make and keep a record of such endorsement. Such order shall thereafter draw interest at the rate of seven per cent per annum until paid, or until the treasurer shall, in writing, notify the clerk of the board of directors that he has funds to pay such order, and of said notice, the said treasurer shall make and keep a record; after giving said notice, he shall hold the funds necessary to pay such order until it is presented for payment, and such order shall draw no interest after the giving of said notice to said cierk of the board. (As amended by an act approved April 24, 1899.)

§ 19. In addition to the foregoing requirements, it shall be the duty of the said township treasurer

First-To return to the county clerk of his county, on or before the second Monday of August in each year, the certificate of tax levy made by each board of school directors in his township.

Second-To pay, whenever he has funds in his hands belonging to the district, all lawful orders drawn on him by the board of directors of any school district in his township.

Third-To collect, from the collector of taxes of the township and the county collector of taxes, the full amount of the tax levies made by the several boards of directors in his township.

Fourth-To examine the official record of each school district in the township on the first Mondays in April and October of each year. Fifth-To keep a correct account between the districts where pupils are transferred by the directors from one district to another.

Sixth-To give, upon the order of the trustees of schools, notice of the election of trustees, as required by law.

Seventh-To give, in case of the formation of a new school district, notice of the election of a board of school directors.

Eighth-To cause to be published, in some newspaper published in his county an annual statement of the finances of the township as required by law.

Ninth To make, whenever a change has been made in the boundaries of a school district, a complete copy of the records of the trustees, a map of the township showing such change of boundaries, and an accurate list of the taxpayers in the newly arranged districts, and file the same with the county clerk within twenty days of the time such change was made.

Tenth-To file and safely keep all poll-books and returns of election which may be delivered to him under any provisions of this act.

Eleventh-To receive and safely keep all moneys, securities, papers, and effects belonging to the township or the school districts which, by law, are required to be deposited with such treasurer.

§ 20. For any failure or refusal to perform all the duties required of the township treasurer by law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained, to be recovered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed: but if such treasurer, in any such failure or refusal, acted under and in conformity to a requisition or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of the board aforesaid, or those of them voting for such requisition, or order aforesaid, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township for such damages, to be recovered by an action of assumpsit in the official name of the county superintendents of schools, for the use of the proper townships: Provided, that said township treasurer shall be liable for any part of the judgment obtained against said trustees which can not be collected on account of the insolvency of such trustees.

1. This section is highly penal, and to render trustees liable, the provisions of the statute must be literally fulfilled. Such statutes are strictly construed, and there can be no liability incurred under this section until the act is required or ordered by the trustees, and the order signed as required. Lovingston v. Board of Trustees, 99-564.

2. Where a township treasurer releases a mortgage given to secure an indebtedness due the principal of the township fund, without an order from the board of trustees, entered upon its journal and attested by its president and clerk, he will be liable upon his official bond for any loss sustained in consequence thereof. Board of Trustees v. Misenheimer, 78-22.

§ 21. Whenever a township treasurer shall resign or be removed, and at the expiration of his term of office, he shall pay over to his successor in office, all money on hand, and deliver over all books, notes, bond, mortgages and all other securities for money, and all papers and documents, of every description, in which the corporation has any lawful interest whatever; and, in case of the death of the