permit such person to examine such books and papers at such times and places as such person may desire for the purposes aforesaid; and the said county superintendent shall allow, and pay to the person so employed by him, for the services, such amount as he may judge reasonable out of any money which is or may come into said superintendent's hands, apportioned as the share of or belonging to such township; and the said county superintendent shall proceed to recover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before any court having jurisdiction, in the name of the People of the State of Illinois, of and against the trustees of schools of said township, in their individual capacity; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money taken as aforesaid.

19. Whenever the bond of any township treasurers approved by the board of trustees of schools, as required by law, shall be delivered. to the county superintendent, he shall carefully examine the same, and if the instrument is found in all respects to be according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the circuit clerk's office, and file the same with the papers of his office; but if said bond is in any respect defective, or if the penalty is insufficient, he shall return it for correction. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and that said township treasurer is entitled to the care and custody, on demand, of all moneys, bonds, mortgages, notes and securities, and all books, papers and property of every description belonging to said township.

§ 20. Upon the receipt of the amount due upon the Auditor's warrant, the county superintendent shall apportion said amount, also the interest on the county fund and the fines and forfeitures, to the several townships and parts of townships in his county, in which townships or parts of townships schools have been kept in accordance with the provisions of this act, and with the instructions of the State and county superintendents, according to the number of children, under twenty-one years of age, returned to him, and shall pay over the distributive share belonging to each township and fractional township, to the respective township treasurers, or other authorized person, annually: Provided, that no part of the State, county or other school fund shall be paid to any township treasurer or other person authorized by said treasurer, unless said township treasurer has filed his bond, as required by section 1 of article IV of this act, nor in case said treasurer is reappointed by the trustees, unless he shall have renewed his bond and filed the same as aforesaid.

21. The county superintendent may loan any money, not interest, belonging to the county fund, or to any township fund, before

the same is called for, according to law, by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treasurers, and apportion the interest as provided in the preceding section; and notes and mortgages taken in the name of the "county superintendent" of the proper county are hereby declared to be as valid as if taken in the name of "trustees of schools" of the proper' township, and suits may be brought in the name of "county superintendents" on all notes and mortgages heretofore or hereafter made payable to the county superintendents.

§ 22. In all controversies arising under the school law, the opinion and advice of the county superintendent shall first be sought, whence appeal may be taken to the State Superintendent of Public Instruction upon a written statement of facts certified by the county superintendent.

§ 23. The county superintendent, upon his removal or resignation, or at the expiration of his term of office, (or in case of his death, his representatives) shall deliver over to his successor in office, on demand, all moneys, books, papers and personal property belonging to the office or subject to the control or disposition of the county superintendent.

Acting upon the petition.

SECTION 1. Each congressional township is hereby established a township for school purposes.

§ 2. Whenever any fractional township contains less than two hundred (200) persons under twenty-one years of age, the trustees thereof, upon petition of a majority of the adult inhabitants of such fractional township, may, by written agreement entered into with the board of trustees of any adjacent township, consolidate the territory, school funds and other property of such fractional township with such adjacent township, and thereafter shall cease to exercise the functions of school trustees for such fractional township; and such territory, school funds and other property, aforesaid, shall thereafter be managed by the board of trustees of such adjacent and consolidated township in accordance with the terms of agreement aforesaid, in the same manner as is, or may be, provided by law, for the management of territory, funds and other property of school townships: Provided, that the said written agreement shall be duly signed by a majority of the said trustees, and filed for record by the said trustees

in the office of the county clerk of the county in which such consolidated township, or the greater part thereof, is situated. [As amended June 21, 1895.

§ 3. The school business of the township shall be done by three trustees, to be elected by the legal voters of the township, as hereinafter provided for.

§ 4. Said trustees shall be a body politic and corporate, by the name and style of "trustees of schools of township No.... range No....," according to the number. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and be impleaded, in all courts and places where judicial proceedings are had.

§ 5. The election of trustees of schools shall be on the second Saturday in April, annually.

§ 6. At the first regular election of trustees, after the passage of this act, a successor to the trustee whose term of office then expires shall be elected, and thereafter one trustee shall be elected annually. Said trustees shall continue in office three years, and until their successors are elected and enter upon the duties of their office.

§ 7. No person shall be eligible to the office of trustee of schools unless twenty-one years of age, and a resident of the township. And where there are three or more school districts in any township, no two trustees shall reside, when elected, in the same school district, nor shall a person be eligible to the office of trustee of schools and school director at the same time.

§ 8. Notice of the election of school trustee shall be given by the township treasurer, upon the order of the trustees of schools, by posting notices of such election at least ten days previous to the time of such election in not less than five of the most public places in said township, which notices shall specify the time and place of election and the object thereof, and may be in the following form, viz.:

Public notice is hereby given that on Saturday, the April, A. D. an election will be held at and

....

tween the hours of of electing

day of

be

of said day, for the purpose school trustee for township No. ...., range No. .... By

order of the board of trustees of said township.

Township Treasurer.

$ 9. In townships where no election for school trustees has heretofore been held, or in townships where, from any cause, there are no trustees of schools, the election of trustees of schools may be holden on any Saturday, notice thereof being given as required by section 8 of this article. The first election in such township shall be ordered by the county clerk of the county, who shall cause notice to be given as aforesaid.

§ 10. In case of an election held, as required by the preceding section, the trustees elected, at their first meeting, shall draw lots for their respective terms of office for one, two and three years; and thereafter one trustee shall be elected annually, at the usual time for

electing trustees, to fill the vacancy occurring. At all elections after said first election, the said notice shall be given by the trustees of schools, through the township treasurer, as in other elections for

trustees.

§ 11. The trustees of schools of incorporated townships present shall act as judges, and choose a person to act as clerk of said election. If the trustees (or any of them) shall fail to attend, or refuse to act when present, the legal voters present shali choose from their own number such additional judges as may be necessary. In any township lying within the limits of a city, village or incorporated town, which has adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, villages and incorporated towns in this State," approved June 19, 1885, the said election shall be held under the provisions of said act. In unincorporated townships, the qualified voters present shall choose, from amongst themselves, the number of judges required to open and conduct said election.

§ 12. No person shall vote at any school election held under the provisions of this act, unless he possesses the qualifications of a voter at a general election.

13. The time and manner of opening, conducting and closing said election, and the several liabilities appertaining to the judges and clerks and to the voters, separately and collectively, and the manner of contesting said election, shall be the same as prescribed by the general election laws of this State defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act: Provided, that said election may commence, if so specified in the notice, at any hour between the hours of eight (8) o'clock a. m., and one (1) o'clock p. m., and the judges may close such election at four (4) o'clock p. m.

§ 14. If, upon any day appointed for the election of trustees of schools, the said trustees of schools or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if a majority of the voters present shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, at which time and meeting the voters shall proceed as if it were not a postponed or adjourned meeting: Provided, that if notice shall not have been given of such election, as required by section 8 of this article, then and in that case said election may be ordered as aforesaid, and holden on any other Saturday, notice thereof being given as aforesaid.

§ 15. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by said section 8 of this article, and if, in case of a vacancy, the remaining trustee or trustees shall fail or refuse to order an election to fill such vacancy, as required by section 16 of this article, then, and in each of such cases, it shall be the duty of the county superintendent to order an election of trustees to fill such vacancies as aforesaid, and all elections so ordered and held shall be valid to all intents and purposes whatever.