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 expenditures 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 Nashville.

8. It shall thereupon be the duty of the city council Levy tax. to levy said sum on all of 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.

number of chil

dren.

§ 9. It shall be the duty of the board to cause an ab- Abstract of the stract of the whole number of children under the age of twenty-one years within said district, to be made, and furnish the same, with such further information as is required in sections 36 and 79 of the "Act to establish and maintain a system of free schools," approved February 16th, 1857, to the school commissioner of Washington 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 Nashville.

money.

10. The city council of the city of Nashville are hereby May borrow vested with full power to borrow such sums of bemoney, ing 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, semiannually, 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.

Qualification

11. The board of education shall be elected by all the qualified voters of said school district; but one director for director. shall reside in each of the wards of said city, and be a householder and freeholder thereof. The directors shall hold their offices two years from the day of their election, except that one-half of the first board elected under this act shall retire from office at the expiration of the first year and Vol. III-53

one-half at the expiration of the second year, and the Term of office. period of their retirement shall be decided as follows: The

of officers.

on

clerk of the city council shall take six strips of paper, on three of which he shall write the words "one year," three "two 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 Nashville 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 Appointment to expire. For the first election the officers shall be appointed by the city council of Nashville, 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 election, conducting the election, making the returns, etc., etc., be governed by the ordinance of the city of Nashville in force Judges of elec- 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 ordinances 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 Nashville 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.

tion.

Treasurer and clerk.

Investment of

12. The treasurer and clerk of the city of Nashville 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 funds not needed for imsurplus funds. mediate use to be loaned at the rate 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.

Indebtedness made payable to

§ 14. All notes and securities shall be to the board of board education education, for school purposes, and the borrower shall be at

all the expense of examining titles, preparing and record

ing papers.

§ 15. In settling the estates of deceased persons, debts Debts, preferred 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 Interest. 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, Interest shall draw interest at the rate of twelve per cent. from the judgments. 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 school funds.

§ 18. If the security for any loan or other debt due the security. school district, in the judgment of the board, becomes 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.

Annual statement.

§ 19. The board of education shall publish, annually, a statement of the number of pupils instructed the preceding year, the several branches of education pursued, the receipts and expenditures of each school, specifying the resources of such receipt and the objects of such expenditures. § 20. Said board shall have full power to admit persons who do not reside within said district into said schools, admitted. upon such terms as they may think proper.

Non-residents

21. All free persons over the age of five years and Required age. under the age of twenty-one years, residing within the 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 or expelled or kept out of said schools altogether, for improper conduct.

site for school.

822. In purchasing or leasing grounds or buildings, for May purchase 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 Nashville, and the council shall make or cause to be made to the proper party the bonds or obligations of

Part of charter.

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 city 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 Nashville and under her corporate seal.

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

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

APPROVED April 19, 1869.

In force March AN ACT to repeal an act entitled "An act for the establishment of a 30, 1869.

Act repealed.

Powers of the trustees.

system of graded schools in Nauvoo, Illinois."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act for the establishment of a system of graded schools in Nauvoo, Illinois," approved February 28, 1867, be and the same is hereby repealed.

§ 2. That all the property and rights of the board of education of the Nauvoo school district be and the same is hereby vested in the trustees of schools of the town of Nauvoo; and the general laws of this state relating to schools and school property shall, in all respects, apply thereto; and such trustees shall be successors to the board of education of the Nauvoo school district.

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

APPROVED March 30, 1869.

In force March AN ACT to amend an act entitled "An act to establish free schools in 30, 1869, the city of Ottawa," and to amend an act entitled "An act to charter the city of Ottawa," approved February 14, 1855, and of the acts amendatory thereto.

Sections

pealed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secre- tion five of an act entitled "An act to establish free schools in the city of Ottawa," and to amend an act entitled "An act to charter the city of Ottawa," approved February 14, 1855, be repealed.

$2. The city council of said city are hereby required May levy tax. to levy, annually, in addition to the amount levied for other purposes, such a tax, not exceeding twenty thousand dol lars, on the value of all the taxable property in said city, as the said board of education in said city shall decide to be necessary and proper, as hereinafter mentioned: Provided, that such sum shall not exceed twenty thousand dollars in any one year, it being the intention of this act to restrict the amount to be raised by tax by said board of education for keeping said schools in operation for any one. year to twenty thousand dollars. The expenses of levying and collecting all taxes for school purposes, not collected as cost, shall be paid out of the city treasury. All taxes for school purposes shall be assessed and collected at the same time, in the same manner and by the same officers as the other city taxes shall be, and when collected, the city collector shall pay the same to the treasurer of the board of education weekly, and take duplicate receipts therefor, one of which he shall keep and the other shall be filed with the clerk of the board of education. It shall be the duty of the city collector, before entering upon the give bond. duties of his office, to execute to said board of education a bond, in the penal sum of not less than double the amount. of the tax to be collected for school purposes.

Collector to

taxes.

§ 3. The tax authorized to be raised by this act shall be Application of applied in payment of the expenses which may be incurred by keeping the public schools in this city in operation.

84. The said city council of said city are required to Additional tax. levy, in addition to the tax hereinbefore provided for, a tax of five mills on the dollar on the value of all the taxable property in said city in the present year, 1869, which said tax of five mills shall, when collected, be paid to the treasurer of said board of education, and the said board of educaticr shall apply said five mill tax in payment of the present indebtedness of said board, incurred by the building and repairing of school houses and in payment of such interest as may accrue on all money which said board of education may be obliged to borrow hereafter, for the purpose of keeping the public schools in said city in operation. If said five mill tax shall be insufficient to pay the present indebtedness of said board of education, incurred in the building and repairing of school houses and interest, as aforesaid, then said city council shall, on the written application of said board of education, levy, in the year 1870, a tax not Two mill tax. exceeding two mills on the dollar of the value of all the taxable property in said city, which two-mill tax shall be paid to the treasurer of the said board of education, and shall be applied by said board of education in payment of the present indebtedness of said board, incurred as aforesaid, and in payment of such interest as shall be incurred by said board of education in borrowing money for the