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east on said line to the northeast corner of section six of town five South of range five West, thence south between sections five and six of town five, range five, west one mile, thence south between sections seven and eight of town five of range five West, one half mile, thence west through the center of section seven one mile to range line between range five and six, thence west through center of section twelve, town five, South range six West to line between sections eleven and twelve of town five, South range six West, thence west to the center of section eleven, town five, South range six West, thence north through the center of sections eleven and two to the center of section two, thence west one half of a mile to the line between sections two and three, thence north to the place of beginning, south of the third principal meridian, in Randolph county, State of Illinois, as the same now are or hereafter may be established by law, are hereby constituted a body politic and corporate by the name and style of "The Board of Education of the Sparta Public Schools," and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended, in all courts of law and equity in all actions whatever; may purchase, receive and hold property, real and personal, and may lease, sell or dispose of the same, and may do all other acts as natural persons; they shall have a common seal, and may change and alter the same at pleasure.

§ 2. The powers of the corporation hereby established shall be vested in a president and directors, who shall be freeholders, at least 21 years of age, and have resided at least twelve months previous to their election within said corporation limits, and who shall be citizens of the United States and have paid a school tax, and who shall be chosen and appointed as hereinafter directed.

§ 3. The board of education shall consist of six members, and the first election shall be held on the last Monday of March, 1865, and it shall be the duty of the mayor and common council of the city of Sparta to order an election for said six directors of the board of education of the Sparta public schools at some convenient place in the city of Sparta, and said mayor and common council shall appoint three judges and two clerks to conduct said election; which election shall be conducted under the same usages as the election of mayor and council of said city of Sparta; and said judges and clerks shall make certified returns of said election to said mayor and common council, who shall open and declare the result of said election; and the clerk of said city of Sparta shall notify in writing, within five days after said election, said directors of their election; and thereafter the election of school directors shall be held by the same judges and on the same day, and at the same time and places as the election of mayor and common councilmen of the city of Sparta; and the judges and clerks shall make certified returns of the same to the board of education, who shall open the same and declare the result; and no person shall vote in choice of said directors who is not a legal voter under the laws of this State, and has resided sixty days previous to said election within said corporate limits.

§ 4. The board of directors shall elect one of their own number president, who shall be styled "The President of the Board of Education of the Sparta Public Schools," and the said board of education shall have power to judge of the qualifications, elections and returns of its members; to prescribe the manner of conducting the electious of its members in the several places of said elections; to compel the attendance of absent members in the meetings of said board, and by the concurrence of two-thirds of all the members elected expel a member, but not a second time for the same offense; to make rules for the government of their own proceedings, and so have charge and control of the public schools and all property appropriated to the use of public schools within the said corporate limits.

§ 5. Said board of education may receive any gift, grant, donation, devise, bequest, legally made for the use of any school or schools, or libraries 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 school houses, school sites, school libraries, apparatus and other property belonging or appertaining to the common schools of said corporate limits, with full power to control the same in such manner as they may think will promote the interest of the schools and the cause of education; and when, in their opinion, any school house or school house site has become unnecessary, or inconvenient or unsuitable for a school, said board may sell and convey the same in the name of the said 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 said board in the name of the board of education of the Sparta public schools; and the avails of all sales and assignments shall be paid to the treasurer of said board for the benefit of said schools; and all conveyances of real and personal estate, and assignments of choses in action which may be 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 said 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 said board; and said board may at any time afterwards sell and convey the same; and said board shall have power to make all rules, ordinances and statutes proper for the government and management of such schools and property: Provided, that the same shall not be inconsistent with the laws of the land; and generally to do all acts which may be lawful and proper to carry into effect the objects of this corporation.

§ 6. It shall be the duty of the board of education to cause an abstract of the whole number of white persons under 21 years of age in said corporate school limits to be furnished to the school commissioners, or other proper officers, before the first Monday in October, and annually thereafter; and the school commissioner or other officer, as aforesaid, shall annually pay to the treasurer of said board of education the proportion of the public school fund, to which said corporate district would be entitled, according to the number of white

persons aforesaid under the age of 21 years, and shall take duplicate receipts of said treasurer therefor, one of which shall be retained, and the other shall be filed with the clerk of said board.

§ 7. For the purpose of building school houses, purchasing school house sites, or for repairing and improving the same, it shall be lawful for the board of education of said Sparta public schools to borrow money at a rate of interest not to exceed 10 per cent. per annum, and issue bonds therefor, in sums not less than $50.00, which bonds shall be executed by the president and clerk of said board in the name of said board of education: Provided, that the total indebtedness incurred by the said board of education shall not at any time exceed one half of 1 per centum of the assessed value of the real and personal property of said corporation; and for the payment of said bonds the proceeds of the tax to be levied and collected for school purposes for the year next ensuing the issuing of said bonds is hereby specially pledged, and said tax shall be applied to the payment of said bonds in preference to any other debt.

§ 8. Said board of education shall establish a system of graded schools in said corporate school limits, commencing with a primary and ending with a high school; the district of which shall be the corporation limits, hereby established; but the district of all the lower grades may be fixed by said board of education; and the school year shall consist of forty-two weeks, commencing on the first Monday of September, and said school year shall be divided into three terms. The time of commencing and closing each succeeding term to be determined by the president and directors. The remainder of the year shall consist of vacations. The fiscal year shall correspond with the school year.

§ 9. The members of the board of education shall be elected for the term of three years, and until their successors shall be duly elected and qualified; and one third of the members shall go out of office at the end of every year; and for that purpose the board shall cause its members to be divided by lot into three equal classes, the first class to go out of office at the end of one year, the second at the end of two years, and the third at the end of three years, so that one third of the board shall be elected every year.

§ 10. The said board of education shall annually, on or before the first Tuesday of April in each year, levy on all real and personal property within said corporate limits, made taxable by law, for State and county purposes, a tax, not more than ten mills on the dollar, and shall fix and determine what shall be the rate per cent. of taxation for each year for school purposes, and shall make an order therefor and enter the same on the records of the board; and the said board shall immediately furnish the collector of Randolph county with a copy thereof, certified to by the president and clerk, which being done, said collector shall take the assessment made by the assessor of Randolph county within said corporate limits of Sparta public schools as laid down in section one of this act, and from said assessment, is hereby authorized to make a tax list in pursuance of and for the purpose in this act mentioned, and shall proceed to collect the same for

school purposes, in accordance with said order; and said amount, when collected, shall be paid by said officer to the treasurer of said board of education, and duplicate receipts taken therefor, one of which shall be filed with the clerk of said board of education, and the other retained by said collector; and for his compensation for such collection shall receive the same per centum as he is allowed by law for State and county revenue, and for neglect of duty under this act, shall be liable to and suffer the same penalties as for neglect in the collection of State and county tax; and the board of education of Sparta public schools may require the said collector of Randolph county, before he enters upon the duties imposed upon him in this act, to enter into bond in such amount as they shall deem sufficient, with good and sufficient security, to be approved by said board of education, conditioned for the faithful performance of the duties as collector of said tax in this act specified.

§ 11. Said board of education shall have power to allow the children of persons, not residents of said corporate limits, to attend the schools of said corporation under the control and care of said board, upon such terms as said board shall, by resolution, prescribe, fixing the tuition which shall be paid therefor; and said board shall have power to furnish to all children, who cannot otherwise obtain the same, all necessary school books, using any of the school funds for said purpose.

§ 12. No director of said board of education of the Sparta public schools shall receive any compensation for duties as such.

§ 13. It shall be the duty of the clerk of said board, immediately after the election of any person as director of Sparta public schools, in writing to notify him of his election, and if any such person shall not within ten days after receiving such notice of election, take and subscribe the required oath, and file the same with the clerk of said board, the said board shall consider it as a refusal to serve, and order an election to fill said vacancy.

§ 14. Said board of education shall employ a treasurer and secretary, and such other agents as to them shall seem necessary, and shall allow them such compensation as may be agreed upon; and the said board shall require their treasurer to enter into such bond for the faithful discharge of his duties under this act, as shall protect the monied interest of said school corporation.

§ 15. Said board of education shall take control of the education of the colored citizens within said corporate limits, and may establish a colored school, and for the support of such school shall apply the local school tax collected on the property of the colored citizens within the limits of said corporation, and may receive any money or moneys that may be contributed for the benefit of said colored schools, and apply the same to the support of said schools; and they may receive and apply any funds that may be allowed by the Sate or general government, for the education of colored people.

§ 16. Said board of education shall, if required to, furnish to the State Superintendent of Public Instruction, or if required, lay the

same before the General Assembly, a full statement concerning the schools under their charge, and shall in all respects comply with the requirements of the seventy-ninth section of the common school law.

§ 17. Said board of education may make 'such by-laws, rules and regulations, as are necessary to the exercise of the foregoing powers. § 18. Said board of education shall, immediately after their election, proceed to take charge of and organize the public schools of said corporate limits, in accordance with the requirements of this act.

§ 19. This act shall be deemed a public act, and take effect and be in force from and after its passage.

APPROVED Feb. 16, 1865.

SPRINGFIELD SCHOOL DISTRICT.

An Act to reduce the 'Act Incorporating the City of Springfield,' and the several acts amendatory thereof, into one act, and to amend

the same.

ARTICLE XII.

SECTION 1. All that part of township No. 16 North, of range No. 5 West of the third principal meridian, lying within the corporate limits of the City of Springfield, with such other parts of said township as may be hereafter incorporated with and come within the jurisdiction of said city, is hereby erected into a common school district, to be known as the Springfield School District.

§ 2. The school land, school fund, and all other real and personal estate of said township, shall be divided between the said City of Springfield, and the portion of the township lying without the limits thereof, in the proportions and manner following: The trustees of schools of said township shall, within three months from the passage of this act, appoint two commissioners, who shall be respectable householders, one of whom shall reside in the city, and the other in the township without the city, who, after being duly sworn, well and truly to perform their duties, shall proceed to ascertain, as nearly as may be, the whole number of white persons under the age of twenty-one years residing in the whole of said township, and the whole number residing in said city, and without said city in said township, and thereupon the said trustees shall divide and apportion the aforesaid township fund, and real and personal estate, between said city and said township without the city, in the proportion of and according to the number of persons aforesaid residing within the city and without the city, in the said township respectively; and the said commissioners shall have power to make partition of, and division of all the funds and real and personal estate belonging to the said township, between the city and the township without the city, in the proportions aforesaid, and having completed the same, shall make a full return of their proceedings to the trustees aforesaid. In case the commissioners shall refuse or neglect to perform their duties, the

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