to lay off and divide said district into smaller districts, and to alter the same, or erect new ones at pleasure; to pass by-laws, rules and regulations to carry these powers into complete execution, and for the government of their own body, their officers, agents and servants, and providing for their meetings and adjournments, and, generally, to have and possess all the rights, powers and authority necessary for the proper establishment and control of an effective system of graded schools within said district; and they shall visit and inspect each and all the schools therein as often as may be necessary.

§ 7. It shall be the duty of the board of education, and they shall have full power to determine the amount of money needed and to be raised for school purposes, over and above the amount from the school funds herein before enumerated, or from other sources: Provided, said board shall not for any one year require to be raised more than one-half of one per centum, for the benefit of said schools, on the assessed value of the real and personal property of said city for such year, without a majority of the legal voters of said city authorize them to do so at an election to be held for that purpose, at such time, and conducted in such manner, as the board may direct; nor shall said board or said city council make any loan whatsoever for school purposes, without a previous authority by such vote; but with the concurrence of a majority of said voters, it shall be lawful to raise such sum, either by taxation or loan, as said board may see proper; and before the first day of August of each year, they shall determine the amount required to be collected by taxation for expenditure for one year from the first day of January then next ensuing, for school purposes generally, and certify the amount to the city council of Galesburg.

§ 8. It shall thereupon be the duty of the city council to levy said sum on all the real estate and personal property of said city, according to the assessment and valuation thereof, for the current year, equally, by a certain rate per centum, and collect the same as city taxes are collected. A special column shall be prepared in the city duplicate, headed "School purposes," in which shall appear the amount of tax for school purposes, chargeable against each parcel of real estate or amount of personal property; and when said taxes are collected the treasurer shall keep a separate account of the same, and they shall be used and applied for school purposes only, and shall be paid only on the order of said board.

§ 9. It shall be the duty of the board to cause an abstract of the whole number of white children, under the age of 21 years, within said district, to be made, and furnish the same, with such further information as is required in section 36 and 79 of the act to establish and maintain a system of free schools, approved Feb. 16, 1857, to the school commissioner of Knox county, Illinois, within ten days after the same shall have been ascertained; and the school commissioner shall pay, annually, to the said board, for the exclusive use of said district, the amount the district is entitled to receive from the funds that are or may be in his hands, subject to distribution, for the support and benefit of the schools in said county, in accordance with the provisions of the free school law now in force, the same as if no special charter had. been conferred upon the schools of the city of Galesburg.

§ 10. The city council of the city of Galesburg are hereby vested with full power to borrow such sums of money, being subject to the restriction contained in the 7th section of this act, as they may deem necessary for school purposes in said district, at a rate of interest not exceeding ten per centum, per annum, which may be made payable semi-annually, at such place as may be agreed upon; and the money, when so borrowed, shall be placed under the control of the board of education.

§ 11. The board of education shall be elected by all the qualified voters of said school district, but one director shall reside in each of the wards of said city, and be a householder and freeholder thereof. The directors shall hold their offices three years from the day of their election, except that one-third of the first board elected under this act shall retire from office at the expiration of the first year, onethird at the expiration of the second year, and one-third at the expiration of the third year; and the period of their retirement shall be decided as follows: the clerk of the city council shall take six strips of paper on two of which he shall write the words "One year," on two, "Two years," on two, "Three years;" each member-elect shall draw, and shall serve the period of time indicated by the words on the paper which he draws. An election shall be held annually, at the place where the city council of Galesburg hold their meetings, on the first Monday of June; at the first of which all of said directors shall be chosen; and at each election thereafter successors to the directors whose terms are about to expire. For the first election, the election officers shall be appointed by the city council of Galesburg, and notice thereof being published by said council ten days before the election in a newspaper of said city; but for each subsequent election said appointments shall be made by the board of education, and notice given by them as aforesaid, and for what wards directors are to be chosen; and said election shall, in every other particular, the supplying vacancies in the officers thereof, substituting the place for holding the place for holding the election, conducting the election, making the returns, etc., etc., be governed by the ordinance of the city of Galesburg, in force at the time of election. Said board shall be the judges of the election and qualification of its members, and in determining the same, shall be governed by the city ordinance as aforesaid. All officers under this act shall hold their offices until the election and qualification of their successors. Removal from his ward, and not out of the city, by any director, shall not vacate his office; and whenever any vacancy shall occur in the office of director the city council of Galesburg shall supply the same, upon notice thereof by the board of education, but such appointment, so made by the city council, shall only continue until the next regular election of directors, when a successor shall be elected, who shall hold his office for the unexpired term only.

§ 12. The treasurer and clerk of the city of Galesburg shall be the treasurer and clerk of the board of education; and the board shall determine their duties, compensation and amount of security to be given.

§ 13. Said board shall cause all funds not needed for immediate use to be loaned, at the rate of ten per cent per annum, payable semi-annually in advance. No loan shall be for a longer period than five years, and, if exceeding one hundred dollars, shall be secured by unincumbered real estate, of at least double the value of the loan, without estimating perishable improvements; for any sum of one hundred dollars or under, good and satisfactory personal security may be taken.

§ 14. All notes and securities shall be to the board of education for school purposes; and the borrower shall be at all expenses of examining titles, preparing and recording papers.

§ 15. In settling the estates of deceased persons, debts for school purposes shall be preferred to all others, except those attending the last illness of the deceased and his funeral expenses, excluding the physician's bill.

§ 16. If default be made in the payment of interest, or of principal, when due, interest at the rate of twelve per cent per annum on the amount due shall be charged from the default, and may be recovered by suit. Suit may be for the interest only, whether the principal be due or not; and if the interest be not paid within ten days after the same becomes due, the principal, at the option of the holder of the note, shall thereby become due, and may be recovered by suit, if necessary.

§ 17. All judgments for principal or interest, or both, shall draw interest at the rate of twelve per cent from the rendition of judgment; and said board may purchase in property sold on execution or decree in their own favor, as other persons, with right of redemption, as in other cases. No judgment for costs shall be rendered against said board, to be paid out of the school funds.

§ 18. If the security for any loan or other debt due the school district, in the judgment of the board, become doubtful or insecure, they shall cause the debtor to be notified thereof; and if he do not immediately secure the same, to the satisfaction of the board, the principal and interest shall thereby become due immediately and suit may be brought against all the makers of the note, although such condition or stipulation be not inserted in the note.

§ 19. The board of education shall publish, annually, a statement of the number of pupils instructed the preceeding year, the several branches of education pursued, the receipts and expenditures of each school, specifying the resources of such receipts, and the object of such expenditures.

§ 20. Said board shall have full power to admit persons who do not reside within said district into said schools, upon such terms as they may think proper.

§ 21. All free white persons, over the age of 5 years and under the age of 21 years, residing within said district, shall be admitted to said schools free or upon the payment of such rates of tuition as the board shall prescribe; but nothing herein contained shall prevent persons being suspended, expelled, or kept out of said school altogether, for improper conduct.

§ 22. In purchasing or leasing grounds or buildings, for school purposes, said board of education may do so on credit; and when the price and conditions of the purchase or lease are agreed upon, the board may certify the same to the city council of Galesburg, and the council shall make, or cause to be made, to the proper party, the bonds or obligations of said city for the payment of the purchase money according to said terms; or said board may execute in their own name, said contract, bonds or obligations, and they shall be binding upon said city, and the council shall provide for the payment of the same and the interest thereon as it becomes due, as though they were executed by the city of Galesburg and under her corporate seal.

§ 23. This act shall be attached to the act incorporating the city of Galesburg and be considered a part of said charter.

§ 24. This act shall not take effect or be in force without a majority of the legal voters of said city decide in its favor, at an election for that purpose, to be held at such time and conducted in such manner as the council of said city may direct.

APPROVED February 18, 1859.

HEYWORTH SCHOOL DISTRICT.

AN ACT to incorporate the Heyworth School District.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That within the following described boundaries, viz: commencing at the southeast corner of section 11, Town 21 N., R. 2 E. of third principal meridian, McLean county, Illinois; thence north two and three-fourth miles; thence west one-fourth mile; thence north three-fourths of a mile to the northeast corner of the northwest quarter of the southwest quarter of section 26, T. 22 N., R. 2 E. of 3d p. m.; thence west two and one-half miles to the northwest corner of the east half of the southwest quarter of section 28; thence south one-fourth mile; thence west one-half mile; thence south three-fourths of a mile; thence west one-fourth mile: thence south one-fourth mile; thence west one-half mile to the section line between sections 31 and 32; thence south three-fourths of a mile, to the half-mile corner on the west side of section 5, T. 21 N., R. 2 E.; thence east one mile; thence south one-fourth mile; thence east one-half mile; thence south one and one-quarter mile, to the halfmile corner on the south side of section 9; thence east two and onehalf miles to the place of beginning, is hereby constituted a school district, to be known as "The Heyworth School District."

§ 2. The government of said district, for school purposes, shall be vested in a board of seven directors, namely: Gen. R. G. Laughlin, Hon. Harrison Noble, Alpheus Millinner, Samuel Hill, Isaac Vanordstrand, Francis M. Philbrook and Jno. Kelly; five of whom shall be a quorum to transact business.

§ 3. Said board shall be styled the board of education of the Heyworth School District, and shall hold their office for five years, and

until their successors are elected and qualified: Provided, that at the first meeting of the board they shall be divided by lot into seven classes-one of them to be of the first class, one of the second class, and so on through to the seventh class; and the seats of the first shall be vacated at the expiration of five years, when there shall be an election of one member of the first class; and annually thereafter, on the first Monday in August, there shall be an election of said classes successively, thus giving one new member to said board each year after five years; and should a vacancy occur in said board, it shall be the duty of said board to fill said vacancy.

§ 4. Meetings for elections shall be called by the board, by previous notice being given of at least ten days of the time and place, and otherwise to be conducted as prescribed by our common school law.

§ 5. The said board of education shall be a body corporate and politic, and by that name and style may sue and be sued, plead and be impleaded, buy and sell land; and they may receive gifts, grants, donations, bequests, legacies, etc., which may be made for school purposes; and adopt such rules and regulations as they may deem necessary for the management of said district. They shall severally take an oath to discharge the duties of their office to the best of their abilities.

§ 6. It shall be the duty of said board to hold_semi-annual meetings, on the first Tuesday of April and the first Tuesday of October in each year, and called or special meetings at any time. They shall organize by electing one of their number president, and one clerk, and shall appoint a treasurer, who shall not be a member of said board, and who shall give bond and security, to be approved by said board, and whose duty it shall be to receive all school funds belonging to said district, and disburse the same by order of said board, signed by its president and clerk; for which he shall receive no compensation.

§ 7. It shall be the duty of said board to levy a tax each year, sufficient to carry on school at least six months, and not more than eight months, and also a tax sufficient to erect such buildings as may be necessary for the accommodation of all scholars wishing to attend such schools; and said board may borrow money for the use and benefit of said district.

§ 8. Said board may continue the schools after the six months' term, by assessing the scholars attending said schools, so as to defray the expenses thereof, in whole or in part. All assessments thus made shall be collected in advance from those wishing to attend, and shall be made according to the department to which the scholar belongs: Provided, that not more than ten months' school shall be taught in any one year.

§ 9. All taxes levied by said board of education shall be collected in the same manner, and at the same time, and by the same officers, that the State and county taxes are collected in said district, and shall be paid over by the town collector to the treasurer appointed by said board; and it shall be the duty of the treasurers of towns 21 and