one hundred and twenty-five thousand dollars. All of said bonds may be made payable in the city of Peoria, shall bear interest at a rate not exceeding eight per cent per annum, and those payable in the city of New York, or elsewhere out of the city of Peoria, not exceeding seven per cent per annum, payable semi-annually. The city council of the city of Peoria shall provide, by ordinance, for the issuing of said bonds, and the delivering of them to the president of the board of school directors of said city, and the proceeds thereof shall be, by said board, applied exclusively to the purpose of building, repairing enlarging and furnishing school houses, and purchasing sites therefor in said city.

§ 18. The tax which the city council is empowered to levy and collect in pursuance of clause fourth of chapter 7 of this act for the purpose of paying the interest and principal of bonds issued in pursuance of any previous acts, and now outstanding or which may hereinafter be issued in pursuance of the foregoing section, shall, when collected be paid into the city treasury and constitute a separate and distinct fund, specially pledged to the payment of the principal and interest of the aforesaid bonds. If there should be a surplus at any time, after paying the interest of said bonds or redemption of any bonds issued by virtue thereof, the city may, in their discretion, order the purchase of any of said bonds, if they can be purchased upon satisfactory terms, or, if no bonds can be purchased, invest said surplus in United States securities.

$ 19. Any act of the general assembly now in force or hereafter to be enacted, for creating and enacting a State system of public schools, shall not be construed in any manner to repeal, alter or change any of the provisions of this act, unless such act shall specifically provide for such repeal, alteration or change.

§ 20. All property, real, personal and mixed, belonging to or vested in the trustees of schools of township eight (8) North, range eight (8) East, and the board of school inspectors of the city of Peoria, heretofore established by law, and all rights and claims, legal and equitable, existing in them, are hereby vested in the board of school inspectors in the city of Peoria, created by this act, to be had, held and enjoyed in as full and ample a manner as they were by the former corporation; and all rules, regulations and appointments now in force, made by the former corporation, and not inconsistent with this act, shall continue in force, until changed, amended or annulled by the corporation hereby created, the latter corporation being, in all respects the successor to the rights and duties of the former corporation.

§ 21. That an act entitled "An act to provide for schools in township eight (8) North, range eight (8) East, in Peoria county," approved March 6, 1867, be and the same is hereby repealed.

APPROVED Feb. 20, 1869.

POLO SCHOOL DISTRICT.

AN ACT to incorporate the Polo School District

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 what is now known as the corporation of the town of Polo, in the county of Ogle, is hereby constituted a school district, to be known as the Polo School District.

§ 2. The government of said school district for school purposes shall be vested in a board of three persons, to be styled "The Board of Education of Polo School District," and W. W. Burns, M. D. Swift and A. M. Hitt, the present school directors of school district number two (No. 2), town (23) twenty-three North of range (8) eight, East of the (4th) fourth principal meridian, in said Ogle county, shall constitute the first board of education of said Polo School District, and shall hold their office from and after the passage of this act, and for one, two and three years respectively from the first Tuesday in June, eighteen hundred and sixty-seven, and until their successors are elected and qualified. At the first meeting of said board after the passage of this act, it shall be determined by lot which of said three members shall hold his office for one year from said first Tuesday in June, eighteen hundred and sixty-seven, which of said three members shall hold his office for two years from said first Tuesday in June, eighteen hundred and sixty-seven, and which of said three members shall hold his office for three years from said first Tuesday in June, eighteen hundred and sixty-seven.

§ 3. There shall be elected by the qualified voters of said district, on the first Tuesday in June, eighteen hundred and sixty-eight, and annually thereafter, one member of said board, who shall hold his office for three years, and until his successor is elected and qualified. The meeting for said election shall be notified by the clerk of said board by giving at least ten days notice of the time and place of said election, by publishing a notice in a newspaper of said town of Polo; and the poll books shall be opened and kept, the votes canvassed and returns made, and all other proceedings had in the same manner as in elections of president and trustees of the town of Polo. In case of a tie in any election, the same shall be decided by lot by the judges of election on the day of election. As soon as practicable after this act shall become a law, and after each annual election thereafter, the said board of education shall appoint some legal voter of said Polo School District an alternate member thereof, and in case of a vacancy in said board, or of the absence of a regular member from the district, said alternate shall have all the powers and perform all the duties of a regular member during said absence or until said vacancy is filled, which said vacancy shall be filled at the next annual election after such vacancy shall occur. The members of said board shall severally take an oath to discharge the duties of their office to the best of their knowledge and ability.

§ 4. The said board of education shall be a body corporate and politic, by the name and style of "The Board of Education of Polo

School District," and may have a common seal and change the same at pleasure, and as such may contract and be contracted with, sue and be sued, plead and be impleaded, in and before any tribunal having competent jurisdiction.

§ 5. It shall be the duty of said board to hold quarterly sessions on the first Tuesday of June, September, December and March of each year, and they may meet by adjournment at such other times as they may think proper, and the president of the board or any two members thereof may call a special meeting of the board, by giving a verbal notice of the time and place and object thereof, or leaving a written notice thereof at the residence of all the other members of the board; and at all the meetings a majority of the board shall be a quorum to transact business. Said board shall organize by appointing one of their number president. They shall elect a clerk, who may be a member of the board, and a treasurer, who shall not be a member of the board, who shall hold their respective offices during the pleasure of the board, and until their successors shall be elected and qualified. It shall be the duty of the president, when present, to preside at all meetings of the board, and it shall be the duty of the clerk to be present at said meetings, and to record in a book to be provided for that purpose, all the official proceedings of said board, which record shall be public and open to the inspection of any person interested; and all said proceedings, when recorded, shall be signed by the president and clerk, and a copy thereof, certified by the clerk, shall be prima facie evidence of such proceedings in courts and other places. If the president or clerk be absent, the board may appoint a president or clerk pro tem. The treasurer shall execute to said board an official bond, with good and sufficient securities, such bond to be approved by the board, in such sums as the board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that will at one time be in his hands, and conditioned for the performance of his duties as treasurer, and especially faithfully to keep and from time to time pay over all moneys that he shall receive as such treasurer, as he shall be directed by order of the board, or required by law to do. He shall keep a true and accurate record, in proper books for that purpose, of all moneys received and paid out by him, for what purpose and upon what and whose account; but he shall pay out no money except upon order of the board. For all moneys paid out he shall take and file with the papers of his office proper vouchers, and he shall settle his accounts with the board at least once in each year, and oftener if the board shall so require.

§ 6. No member of the board shall receive any compensation for his attendance at the meetings of the board, nor for the performance of its ordinary duties; but for extraordinary services reasonable compensation may be allowed, the board to determine what are extraordinary services, and the compensation therefor. The secretary and treasurer shall receive such compensation as the board may prescribe.

§ 7. The treasurer shall, under direction of the board, demand and receive of the officer or officers having the custody thereof, any interest or other money, from any school fund or any other source to which the Polo School District, or any part thereof, or the schools or the

teachers therein, would be entitled if this act had not been passed; and the money so received from such funds or sources, shall be placed in the treasury, to be used and expended under the order and direction of the board for the support of schools and for school purposes, in the same manner as other funds that shall come into the treasury by taxation or otherwise.

§ 8. Said board of education, so far as applicable to the above mentioned territory as constituting said Polo School District, and any additions to said district which may hereafter be made, shall be the legal successors of the trustees of schools of said township twentythree (23) North, of range eight (8) East of the fourth (4th) principal meridian, in Ogle county, and shall have the entire and exclusive control of all school funds of said Polo School District, or any part thereof, whether consisting of the portion of the school or township funds belonging and to belong to said district, or any part thereof, or derived from taxation or loans or otherwise, to be used by them as provided in this act, and they may receive any gift, grant, donation, devise, bequest, or legacy, made for the use of any school or schools, or library, or other school purposes, within their jurisdiction, and they shall be and are hereby invested, in their corporate capacity, with the title, care and custody of all lands, lots, school houses, school libraries, apparatus and other property belonging or appertaining to the common schools of the district, or any of them, or which may be within their jurisdiction, with full power to control the same in such manner as they may think will promote the interest of schools or the cause of education, and not inconsistent with the provisions of this act; and when in their opinion it may be for the interest of said district, to sell any lot or tract of land or building belonging to said district, or any part thereof, said board may sell and convey the same in the name of the board, and such conveyance, as well as all other conveyances, contracts and assignments of the board, shall be executed by the president and clerk of the board of education of Polo School District, and the money of sales and assignments shall be paid to the treasurer of said board for the benefit of schools; and all conveyances of real and personal estate and assignments of choses in action which are made to said board, shall be made to said board in its corporate name, and said board may purchase and hold such real estate and personal property as may be necessary for the establishment and support of schools, and such real estate as may be purchased under any sale upon execution or decree in favor of said board, or in satisfaction of any debt due the said board, and at any time thereafter may sell and convey the same.

§ 9. For the purpose of erecting school houses, purchasing school house sites, or repairing or improving the same, or purchasing libraries or apparatus, it shall be lawful for said board to borrow money at a rate of interest not exceeding 10 per cent. per annum, and issue bonds therefor, in sums of not less than $100.00; which bonds shall be executed by the president and clerk of said board in the name of the board: Provided, that the bonds issued by said board and outstanding, shall not at any time exceed 5 per centum of the assessed value of the real and personal property of said district.

§ 10. Said board may also, at any time when they may deem it necessary, borrow any sum or sums of money, for a time not exceeding one year, at a rate of interest not exceeding 10 per cent. per annum, to be expended for general school purposes: Provided, that the total amount of money so borrowed and unpaid shall not at any time exceed 3 per centum of the assessed value of the real and personal property of said district; and for the payment of the moneys so borrowed, the proceeds of the taxes first paid into the treasury thereafter, and not especially appropriated by law, are hereby specifically pledged and shall be applied in payment of the sums so borrowed, in preference to any other debts.

§ 11. If any judgment shall be obtained against said board, the party entitled to the benefit of such judgment may have execution therefor as follows, to-wit: It shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed by transcript or appeal from a justice of the peace or other court, to issue thence a writ commanding the board of education and treasurer of said district, to cause the amount thereof, with 10 per cent. interest and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys unappropriated of said district, and if there be no such moneys, out of the first moneys that shall be received for the use of said district, and to enforce obedience to such writ by attachment or by mandamus, requiring said board to levy a tax for the payment of said judgment; and all legal process, as well as writs to enforce payment of a judgment, shall be served either on the president or clerk of said board.

§ 12. Said board shall, on or before the first day of August in each year, cause to be raised by taxation for school purposes, including the payment of any debts due, or during the ensuing year to become due, from said district, such an amount as they shall estimate will, together with available means accruing from other sources, be required for school purposes in said district for the ensuing year, and shall determine, as nearly as practicable, what rate per cent, not to exceed three per cent, unless the debts to be paid require it, on all the taxable property of said district, must be levied to raise the amount so estimated, and shall make an order therefor, and the clerk shall enter the same upon the records of the board. It shall be the duty of the clerk of said board to make out a certified copy of said order, signed by the president of the board and attested by the clerk, and within ten days from the passage of said order, present the same to the clerk of the board of supervisors of Ogle county. The tax so levied by the said board of education shall be assessed and collected in the same manner, and at the same time, and by the same officers, that State taxes are assessed and collected within the limits of said district, and the proceeds paid to the treasurer of said board of education, after deducting therefrom one-half the per centage allowed for assessing and collecting State taxes.

§ 13. The said board of education shall transact all business which may be necessary in relation to common schools in said dis