To be paid to the teachers of

schools.

Proviso.

buted as aforesaid, until the next census shall have been taken, and on the first day of January in every year next after the taking of the census of the State, the said Commissioners shall make a new apportionment of interest, and cause the same to be distributed in the manner and upon the terms aforesaid.

SEC. 5. It shall be the duty of the School Commissioners of counties to receive from the Treasurer the amount of any and all warrants which may be drawn in manner and for the purposes aforesaid, and to distribute the same among the teachers of schools, who may have kept schools in conformity with the provisions of the act entitled "An act to provide for the application of the interest of the fund arising from the sale of school lands belonging to the several townships in this State, approved first of March, 1833:" Provided, That no teacher shall be entitled to receive more than one half of the amount due him for services rendered within the twelve months preceding the first of November previous to the time of making such distribution; and if the In case the in- interest in the hands of a School Commissioner in any county, shall, at the time of distribution, amount to more than enough to pay one half of the amount due the teachers in his county, then the overplus shall be set apart as a county fund, and shall never thereafter be subject to distridisposed of.bution, but shall forever remain as a principal fund, to be denominated "The County School Fund," to be loaned out by the School Commissioner of the county as township funds; and the interest accruing thereon, shall be subject to distribution for the support of schools in the county, in the same manner and under the like regulations as is or may be prescribed for the distribution of the interest on the State fund: Provided, That in making the distribution of the State fund for the present year, no teacher shall be paid for any service rendered before the first day of June

terest should

amount to more than enough to pay half the amount due

teachers, how

Township funds to be separate from

next.

SEC. 6. No part of any township fund shall be made to constitute any part of a county fund; and teachers employcounty funds. ed in townships having no productive fund, who keep schedules and make returns as is required in townships having productive funds, shall be entitled to a distributive share of the State fund, and the township funds shall be paid to teachers at the time now required by law.

APPROVED, Feb. 7, 1835.

AN ACT concerning the School Fund.

In force Feb. 6, 1835.

thorized to re

Treasury.

SEC. 1. Be it enacted by the people of the State of Illinois, Commissioners represented in the General Assembly, That the Commission- of said fund auers of the School Fund be, and they are hereby required move the same to receive the whole amount of the School Fund belong- from U. States ing to this State, and now deposited in the Branch Bank Bank into State of the United States at St. Louis, and deposite the same in the Treasury of the State; and the Treasurer is hereby required to receive said money, and receipt for the same; and the said money, when so received, shall be applied to How applied. the payment of demands against the Treasury, in the same manner as money derived from the ordinary sources of reState to pay invenue, and the State shall be chargeable with the interest terest on the on the same, at the rate of six per cent. per annum, the in- cent. terest to be added to the principal annually: Provided, That Proviso. if any law shall be passed at the present session of the General Assembly to distribute the interest or principal of said fund, the Treasurer shall, on the warrant of the Auditor, pay over to the said School Commissioner the amount so loaned to the State, out of any money in the Treasury not otherwise appropriated, to be distributed according to law. This act to take effect from its passage.

APPROVED, Feb. 6, 1835.

same at six per

AN ACT to amend an act, entitled "An act to provide for In force Feb. the application of the interest of the fund arising from the 7, 1835. sale of the School Lands belonging to the several townships

in this State," approved, March 1, 1833.

SEC. 1. Be it enacted by the people of the State of Illinois, Parts of said represented in the General Assembly, That the tenth section act repealed. of the act to which this is an amendment, and so much of

said act as provides for gratuitous instruction, be, and the same are hereby repealed.

SEC. 2. That the eleventh section of the said act, so far Act repealed. as it dispenses with a valuation of the sixteenth sections in the several townships, is hereby repealed; and the law requiring a valuation by trustees, is hereby revived.

lands.

SEC. 3. That the trustees of school lands, or a majority Trustees may of them, shall have power to lease any of said lands, from lease school year to year, upon terms most conducive to the interest of the township.

Shall pay over rents to school

SEC. 4. The trustees shall pay over to the School Commissioner all rents which they collect on leases as aforesaid. commissioner.

In case of lessee committing waste on said lands.

Failing to pay

rent.

Inhabitants of

associate them

selves together

for school purposes.

SEC. 5. If any lessee or lessees, his, her or their heirs or assigns, or any other person or persons, shall cut down or destroy any more wood or timber than may be necessary for the improvement and cultivation of the lot so leased, or shall do any damage to the said leased premises, or commit any waste thereon, every such lessee or lessees, or other persons, shall be liable to said trustees in an action for damages, commenced in the name of said trustees, and the said lessees shall moreover, upon conviction thereof, forfeit such lease.

SEC. 6. In all cases of a failure or refusal to pay the rent due and owing on any land leased under the provisions of this act, whenever the same shall become due, it shall and may be lawful for the trustees in their respective townships, to sue out a distress warrant, which shall be returned to the justice issuing the same, and the same proceedings shall be had thereon as in other cases of distress for

rent.

SEC. 7. Any number of inhabitants of any township may townships may associate themselves together, and purchase a quantity of land not exceeding ten acres, and procure a conveyance of the same, to be made to the trustees of school lands in the township, by their corporate name, and erect thereon a school house, and make such other buildings and improvements thereon as they may deem necessary for the encouragement of learning and science generally, and such land and improvements shall be held by the said corporation for the use of the persons associating themselves together as aforesaid, and their successors and assigns forever; and shall not be applied to any other purpose, nor in any other manner than shall or may be directed by the persons associated as aforesaid.

APPROVED, Feb. 7, 1835.

In force Feb. AN ACT to authorize the sale of certain School Land 6, 1835. therein named.

White county,

Sec. 16 T. 5 S. SEC. 1. Be it enacted by the people of the State of Illinois, R. 14 W., in represented in the General Assembly, That the sixteenth authorized to be section in township five south, of range fourteen west, in White county, may be sold in the manner now prescribed by law, upon the petition of a majority of the inhabitants of said township, any law to the contrary notwithstanding. This law to take effect from and after its passage.

sold.

APPROVED, Feb. 6, 1835.

AN ACT providing for the security of School Funds. In force Feb. 12, 1835.

SEC. 1. Be it enacted by the people of the State of Illinois, Form of mortrepresented in the General Assembly, That mortgages to be ta- gage. ken by school commissioners and agents for the inhabitants of counties, may be in the following form: I, A. B., of the county of do assign over and transfer to E. F., school commissioner and agent for the inhabitants of the county of for the use of the inhabitants of township

and State of

, range

, (or of the county,) the following described real estate, (here describe the estate,) which real estate I declare to be in mortgage for the payment of dollars this day loaned to me by the said school commissioner, with per cent. interest per annum thereon until paid; and I hereby covenant that the title to said real estate is free from all encumbrance, that I will pay all taxes and assessments which may be levied upon said estate; and I further agree that if I do not pay the interest on said sum annually, and the principal when due, that the said real estate may be sold by the said commissioner in conformity with the laws of the State, and that I will deliver immediate possession to the purchaser. Witness my hand and seal, this day

of

18 which mortgage shall be accompanied with a note for the amount loaned, and shall be valid to all

intents and purposes.

interest.

SEC. 2. If any person shall make default in the payment Failure to pay of interest as it becomes due and payable, such interest shall thereafter be considered principal, and interest at the rate of twenty per cent. per annum shall be chargeable and recoverable thereon; and if any person shall fail to pay the principal sum borrowed at the time the same be- Failure to pay principal. comes due and payable, such person shall be chargeable with interest on such principal sum at the rate of twenty per cent. per annum until paid; and the school commissioners of counties shall be authorized to recover the penalties aforesaid, in an action or suit on the note or mortgage given for the payment thereof.

SEC. 3. In all cases, where the school commissioner of Where addiany county shall require additional security from any per- tional security is required and son for the payment of money loaned, and such security not given. shall not be given, the commissioner may sue for and recover the amount loaned such person, upon making proof of such requisition, together with the interest which may have accrued at the time of obtaining judgment.

SEC. 4. In the payment of debts by executors or admin- Debts due the istrators, debts due to the school fund of the State, or any school fund by county, or township, shall have a preference over all other have preference

executors shall

over all others, debts, except funeral and other expenses attending the last except funeral sickness, not including the physician's bill.

expenses.

School com nissioners shall

SEC. 5. The county commissioners' courts of the several counties, shall require of the school commissioner and agent give bond an- for the inhabitants of such counties, to execute a new bond nually. at the next June term of their respective courts, and to execute a new bond annually thereafter; and if any commissioner as aforesaid, shall fail to execute such new bond, the court shall thereupon remove such commissioner from office, and appoint a successor: Provided, That the court may allow further time to such commissioner to execute such bond, if in the opinion of the court, such further time may be allowed without injury to the school funds in the hands of such commissioner.

Proviso.

Record books,

SEC. 6. All record books required to be kept by school how paid for. commissioners, shall be paid for out of the County Trea

County commissioners may require school commissioner

to give additional security.

Failure to do

so.

Inhabitants of

have not retur

authorized to do so.

suries of the counties in which such books shall be used. SEC. 7. That the county commissioners' courts of the several counties in this State, shall be authorized, when they may deem it expedient, to require of their school commissioner additional security for the money he may have received from the sales of school lands; and on any school commissioner refusing or failing to enter into additional security that may be satisfactory to such court, his office shall be treated as vacant and filled accordingly; and for good cause, to be entered on the record of the county commissioners' court, the commissioners of such county may remove their school commissioner from office.

SEC. 8. The inhabitants of any township in this State townships who that may have kept a schedule for the year 1834, accordned schedules ing to the provisions of an act providing for the application of the interest of the money arising from the sales of school lands, and who have not made return thereof to the school commissioner according to law, shall be authorized to make out their schedule, and return the same to the school commissioner of such county, and such school commissioner shall be authorized to pay over such interest as may be due such township for the year 1834, as though the schedule had been returned according to law. This act to be in force from and after its passage.

APPROVED, Feb. 12, 1835.