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purchase lots for the erection of school houses thereon, and erect or hire buildings for school houses, and keep the same in repair, and furnish schools with necessary fixtures, furniture, books, apparatus and libraries.

Third. Whenever said board of education shall be of the opinion that any of the real estate belonging to said board or said district has become unnecessary, unsuitable, or inconvenient, or shall, in any way, deem it proper to sell such real estate, they may sell and convey the same; and all such conveyances shall be signed by the president of said board, for and [in] behalf of said board.

Fourth. They shall appoint all teachers of the schools of said district, fix their salaries or compensation, and may dismiss such teachers at any time.

Fifth. They shall direct what branches of learning shall be taught, and what books shall be used in the schools.

Sixth. They shall establish schools or departments of different grades, and may, either themselves, with the aid of the principal teacher of the highest grade or department of the schools of said district, or through a committee of three examiners, to be appointed by said board, including said teacher, examine scholars, in advancing them from grade to grade; and upon passing a sufficient examination, upon completing the branches of learning directed by said board, scholars shall be entitled to a certificate from said board, under the hand of said president, and attested by said clerk, that such scholar has graduated at the said school; and they shall make all necessary rules and regulations for the admission of pupils, and the government of the schools of said district; and may suspend or expel pupils guilty of refractory or incorrigible conduct, or possessed of any infectious or contagious disease, and may appoint agents and servants upon any matter conducive to the interests of said district.

Seventh-For the purpose of building a high or central school house, and other school houses and additions thereto, and repairing and improving the school houses of said district, and purchasing lots or real estate for such buildings, and libraries and apparatus, it shall be lawful for said board to borrow money, at a rate of interest not to exceed 10 per cent per annnm, and issue bonds therefor, in sums of not less than $100, which bonds shall be signed by the said president, and attested by the said clerk, for and in behalf of said board: Provided, that the bonds issued by said board, and outstanding, shall not at any one time exceed 2 per cent. on the dollar of the assessed value of the real and personal property of said district; and the said board shall, prior to the second Monday of September, annually, estimate the amount of money necessary to be raised by a special tax for school purposes in said district during the ensuing year, and find what rate per cent. this amount will require to be levied, which shall not exceed 2 per cent. on the assessed value of the real and personal property of said district, and which rate shall be certified by the said president. and attested by said clerk, and returned to the clerk of the county court of Kankakee county, on or before the second Monday of September, annually; and which certificate may be in the following form:

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We hereby certify, that the board of education of Kankakee School District requires the rate of per cent. on the dollar to be levied on the taxable property of said school district, for the year 18.., for school purposes. Dated this... ...day of. A. D. 18.. B

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President.
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The money thus raised shall be appropriated by the said board to the various objects for which it was intended, and shall be collected in the same manner as school taxes are collected under section 45 of the act entitled "An act to establish and maintain a system of free schools," approved Feb. 18, 1857, or any laws of this State that may hereafter be passed for the collection of school taxes, and shall be paid over by the collectors to the treasurer of said district.

§ 6. The treasurer of said school district, within ten days after his appointment, shall execute a bond, with two or more good and sufficient sureties, to be approved by said board, to be filed with the clerk thereof, in a penalty to be fixed by and running to said board, conditioned that he would keep, and, from time to time, pay over all moneys, upon the order of said board, that he should receive as such treasurer, and deliver over to his successor in office all books, papers, securities, property, and moneys in his hands as such treasurer, and faithfully discharge the duties of his office; and it shall be the duty of said treasurer to receive and keep all moneys of the said board; and all moneys due said board shall be paid to said treasurer, and shall keep a true and accurate account of the same, and of all moneys he shall pay out, in a record to be kept for that purpose, and shall pay out no moneys excepting on the order of said board, and shall retain vouchers for all moneys he shall pay out, and shall receive 1 per cent. upon all moneys received and paid out by him, for his services; and he shall settle with the said board at least once in each year, and oftener, if the said board shall require. All orders of said board on the said treasurer shall be signed by the president, and attested by the clerk, and shall state for what purpose given; and a minute of the same shall be made by the clerk in the proceedings of said board.

§ 7. The said school district shall be entitled to receive a pro rata share of the State, county and township school funds, the same as given to other school districts of Kankakee county; and the said board shall require the teachers or the principal teacher of the schools of said district, shall keep and return schedules, according to section. fifty-three of the above mentioned act, and according to any laws that may hereafter be made in this State upon said subject, amending or changing the same; and separate schedules, containing the list of scholars living in township number thirty North of range number thirteen West, in Kankakee county, and those living in township number thirty-one North of range number twelve East, in said county, shall be made for each township; and the clerk of said board shall cause said separate schedules, or copies thereof, under his hand, to be filed with the township treasurers of said townships, before the semi-annual meetings of the trustees of schools of said townships, in the months of April and October in each year, or other times that may be fixed by law for the distribution hereafter mentioned; and

said trustees of schools shall distribute to said school district a pro rata share of the amount of State, county and township funds, according to the number of children under twenty-one years of age, and the attendance certified in said schedules or copies, or according to any other basis upon which said funds shall be distributed, as may hereafter be fixed by law, in the same manner and proportion as made to other school districts of said townships, which shall be paid over by the said township treasurers to the treasurer of said district; and in case of any irregularities or omissions in said schedules, or the copies thereof, or neglect in not making or filing the same with said township treasurers, as aforesaid, the said trustees of schools, or other distributing officers that may be hereafter created, shall not fail to distribute to said school district its share of said funds on that account, but shall proceed to obtain a correct enumeration of children, if no enumeration has been made, and statement of such attendance upon the schools of said district, or require such enumerations and schedules, or copies thereof, to be made; and it shall be the duty of the said board to cause the said clerk to certify to the said trustees of schools of said townships, on or before the last day of September, in each year, the number of children under twenty-one years of age, and between the ages of five years and twenty-one years, living in said separate townships of said school district, and any and all other information called for under the common school law. (Repealed by an Act approved February 22, 1867; revived by an Act approved March 24, 1869.)

§ 8. No person shall be qualified to serve as a member of the said board, or to be an elector at any of the foregoing elections, unless he shall have been, for thirty days previous thereto, a resident of said school district, and a citizen of the United States, either by birth or naturalization.

§ 9. That the directors of schools of the different school districts now embraced within the said school district shall compose a board of education for said school district, until the election of said board next August, as above provided for; and that the said directors, as such board of education, shall assemble at the court house, in said district, on the first Monday of April next, and organize by appointing one of their member president, and another clerk of the said board; and also, shall appoint a treasurer of said district, to hold his office until the ensuing election.

§ 10. The treasurers of the above mentioned townships shall pay over to the treasurer of said district all moneys and funds belonging to the several districts embraced within said school district; and the said school district shall pay the debts and liabilities of the said school districts embraced within said district; and the inhabitants living within said school districts so thrown in said district, but outside the limits of said district, shall have the privilege of sending their youths and children to the schools of said district, until the first day of April, A. D. 1866, but this section is not intended to apply to those school districts where their school houses are outside the limits of said district.

§ 11. The said board of education may admit pupils from other parts of Kankakee county, and elsewhere, upon such terms and charges of tuition as they may deem proper.

§ 12. This act shall be deemed and taken to be a public act, and shall be in force from and after its passage.

APPROVED Feb. 16, 1865.

KANKAKEE SCHOOL DISTRICT AGAIN.

AN ACT to amend an act entitled, 'An act to incorporate the Kankakee School District,' approved Feb. 16, 1865.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the board of education may issue bonds in conformity with the provisions of said act, to the amount of $30,000.00; but that the bonds issued by said board and outstanding, shall not at any one time exceed that amount.

§ 2. That all that portion of township number thirty-one (31), of range number (12) East of the third principal meridian, which lies on the west side of the Kankakee river, be and the same is hereby excluded from said school district.

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§ 4. All prior acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

§ b This act is declared to be a public law, and shall take effect and be in force from and after its passage.

APPROVED Feb. 22, 1867.

KANKAKEE SCHOOL DISTRICT AGAIN.

AN ACT to amend an act entitled 'An act to incorporate the Kankakee School District,' approved Feb. 16, 1865.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the board of education of said school district shall have power to issue bonds, at a rate of interest not to exceed 10 per centum, per annum; but that the whole amount of such bonds outstanding at any one time shall not exceed $40,000.00.

§ 2. The said board of education shall have power to levy upon the taxable property of said district, annually, a tax not exceeding ten mills upon the dollar of such taxable property, to pay interest upon such bonds and indebtedness.

1. A school district which has issued bonds to the full amount limited by its special charter for building purposes may levy a tax for building purposes at the legal rate, and any surplus remaining after paying matured bonds issued for building purposes, and interest on outstanding ones, may be used for building purposes. Cincinnati, Lafayette & Chicago Railway Company v. The

People, 206-387.

§ 3. This act shall take effect and be in force from and after its passage.

APPROVED March 30, 1869.

KICKAPOO UNION SCHOOL DISTRICT.

AN ACT to establish and form the Kickapoo Union School District. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all that district of country lying in townships twenty-two (22) and twenty-three (23) North, range three (3) East of the third principal meridian, in the county of McLean and State of Illinois, and embraced within the following boundaries, to-wit: Commencing at the southeast corner of section twenty-eight (28), township twenty-three (23), range three (3) East, running north one-quarter (1) mile, thence west one and one-half (1) mile, south one-fourth (1) mile, thence west one-half (1) mile, south one-fourth (1) mile, west one (1) mile, south three-fourths (2) mile, to the town line between township twenty-two (22) and twenty-three (23), thence east one (1) mile, south one-half (1) mile, east one-fourth (1) mile, south one-half (3) mile, east one-fourth (1) mile, south onehalf (3) mile, east one-half (3) mile, south one and one-half (11) mile, east one and three-fourths (13) miles, north one and one-fourth (11) mile, east one-fourth (1) mile, north three-fourths (2) mile, west onefourth (1) mile, north one-half (3) mile, west one-half (3) mile, north one-half () mile to the town line between the townships before mentioned, thence north one (1) mile, west one-fourth (1) mile, to the place of beginning, is hereby made and constituted a permanent school district by the name of "The Kickapoo Union School District," and that no territory shall ever be taken therefrom, except by act of Legislature.

§ 2. That the public schools of said district shall be under the exclusive management and control of six persons, to be elected and qualified as hereinafter specified, and known as "The Board of Education of Kickapoo Union School District;" which board of education and their successors in office shall be a body corporate and politic, by the name and style aforesaid, and may have a common seal and change the same at pleasure, and, as such board, may contract and be contracted with, sue and be sued, plead and be impleaded, in any court of law and equity in this State, and as such board and in such name, shall be the legal successors of the trustees of schools and school directors in the territory embraced herein, and shall be and are hereby invested, in their corporate capacity, with the title, care, custody and control of all lands, lots, schools houses and buildings, school libraries and apparatus, and shall receive all money and other property belonging or in any way accruing to said district or to any part thereof, for the use and benefit of public schools therein, with full power to use and control the same in such manner as they may think will best promote the interests of the public schools and the cause of free education, not inconsistant with this act; and said board shall, also be capable of receiving any gift, grant, bequest or devise of real or personal property made for the use and benefit of public schools in said district; and all moneys accruing to said district for school purposes under any law of this State shall be paid over to the treasurer of said board of education.

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