district with which such contract has been made, or to the school maintained in said district. (96) The trustees thereof may contract for such conveyance when so authorized in accordance with such rules and regulations as they may establish, and for the purpose of defraying any expense incurred in carrying out the provisions of this subdivision, they may if necessary use any portion of the public money apportioned to such district as a district quota. (96) 19. To designate text-books by a vote of all the legal voters present and voting. (580) A text-book thus adopted may not be superseded within 5 years except upon a vote of the legal voters present and voting, under a penalty of note less than $50 nor more than $100, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace, and to be paid to the collector for the benefit of the district. (580-2;229) The common school district does not have power to furnish free text-books; that is a power only of the union free school district. See page 27. Whenever a tax for any of the objects hereinbefore specified has been legally voted the board of trustees or board of education must make out their tax list, and attach their warrant thereto, as for school district taxes, and cause such taxes or such instalments to be collected at such times as they become due. (126) No vote to raise money may be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless it be an adjourned meeting or a meeting called by regular and legal notice, specifying the proposed action, and at which the vote upon said proposed reduction or rescinding is taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting thereat. (126) It will be observed that the law makes special provisions to encourage liberality on the part of tax payers, but does not find it necessary to restrain their liberality. CHAPTER III School District Officers Two All district officers are elected by ballot. (46, 145) The trustees must provide a suitable ballot-box. inspectors of election must be appointed in such manner as the meeting shall determine, who receive the votes cast, and canvass the same, and announce the result of the ballot to the chairman. A poll-list containing the name of every person whose vote is received is kept by the district clerk, or the clerk for the time of the meeting. The ballots must be written or printed, or partly written and partly printed, containing the name of the person voted for and designating the office for which each is voted for. The chairman must declare to the meeting the result of each ballot, as announced to him by the inspectors, and the persons having the majority of votes, respectively, for the several offices, are elected. (145) To vote that the secretary cast one ballot for an officer is not compliance with the law. (D 4395) Election by informal ballot is not election. (D 4375) When a candidate has received a majority of the votes cast he is elected trustee and the meeting may not reconsider its action. (D 4371, 4379, 4390) The acts of officers de facto are as valid and effectual where they concern the public or the rights of third persons, as though they were officers de jurs. (73 Ill A 471; 53 Ill A 254) Every district officer must be (1) a resident of his district, and (2) qualified to vote at its meetings. No person is eligible to hold any school district office who can not (3) read and write, and a treasurer must be (4) a taxable inhabitant of the district. (141) The term of office of a sole trustee of a district is The full term of a joint trustee is 3 years, 1 year. but a joint trustee may be elected for 1 or 2 years, as herein provided. The term of office of all other district officers is 1 year. (142) From one annual meeting to the next is considered a year. The term of all officers elected at the first meeting of a newly created district expires on the 1st Tuesday of August, next thereafter. (143) Every district officer holds his office, unless removed during his term of office, until his successors shall be elected or appointed. (142) It is the duty of the district clerk, or of any person who acts as clerk at any district meeting, when any officer is elected, forthwith to give the person elected notice thereof in writing; and such person is deemed to have accepted the office, unless, within 5 days after the service of such notice, he files his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, is deemed a sufficient notice to him of his election. (146, 170) Every person chosen or appointed to a school district office, who, being duly qualified to fill the same refuses to serve therein, forfeits $5; and every person so chosen or appointed, who, not having refused to accept the office, wilfully neglects or refuses to perform any duty thereof, by such neglect or refusal vacates his office and forfeits the sum of $10. (148) These penalties are for the benefit of the schools of the district. But the school commissioner of the commissioner district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk is a bar to the recovery of either penalty in this section mentioned; or such resignation may be made to and accepted by a district meeting. (148, 170) District Clerk It is the duty of the district clerk (66, p. 21): 1. To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the district, and to enter therein true copies of all reports made by the trustees to the school commissioner. (96, p. 20, 170) The records of the district clerk are not conclusive as to date. (D 3415, 4338) 2. To give notice, in the manner prescribed, of the time and place of holding special district meetings called by the trustees. (85, p. 16, 17, 170, 195) 3. To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least 5 of the most public places of such district, at least 5 days before the time appointed for such adjourned meeting. (170, 195) 4. To give the required notice of every annual district meeting. (83, p.15, 170, 195) 5. To give notice immediately to every person elected or appointed to office of his election or appointment and also to report to the town clerk of the town in which the school-house of his district is situated, the names and post-office addresses of such officers, under a penalty of $5 for neglect in each instance. (146, 152, 170) 6. To notify the trustees of every resignation duly accepted by the school commissioner. (148, 170) 7. To keep and preserve all records, books and papers belonging to his office and to deliver the same to his successor. (170) |