quadrennially thereafter, there shall be elected, by the legal voters of this state, a state superintendent of public instruction, who shall hold his office for four years, from the second Monday in January next after his election, and until his successor is duly elected and qualified. [See "Elections," ch. 46, § 8. L. 1865, p. 112, § 1.

2. OATH-BOND.] § 2. Before entering upon his duties, he shall take and subscribe the oath of office prescribed by the constitution, and shall also execute a bond, in the penalty of $25,000, payable to the state of Illinois, with securities to be approved by the governor, conditioned for the prompt discharge of his duties as superintendent of public instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into his bands by virtue of his office. Said bond and oath shall be deposited with the secretary of state, and an action may be maintained thereon by the state, at any time, for a breach of the conditions thereof. [L. 1857, p. 259, § 2.

3. OFFICE-RECORDS, PAPERS, ETC.] § 3. It shall be his duty to keep an office at the seat of government of the state, and to file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year separately, and to keep and preserve all other public documents, books and papers relative to schools, coming into his hands as state superintendent, and to hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly; and shall keep a fair record of all matters pertaining to the business of his office. [L. 1857, p. 259, § 3.

4. TO PAY OVER FUNDS.] § 4. He shall, without delay, pay over all sums of money which may come into his hands by virtue of his office, to the officer or per son entitled to receive the same, in such manner as may be prescribed by law. [L. 1857, p. 260, § 4.

5. TO CONSULT WITH EDUCATORS.] § 5. He shall counsel and advise, in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools. [L. 1857, p. 260, § 5.

6. SUPERVISION OF SCHOOLS-OFFICIAL ADVICE.] § 6. Said superintendent shall have the supervision of all the common and public schools in the state, and shall be the general adviser and assistant of county superintendents of schools in this state; he shall, from time to time, as he shall deem for the interests of schools, address círcular letters to said superintendents, giving advice as to the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring competent teachers. [L. 1857, p. 260, § 6.

7. REPORT TO GOVERNOR.] § 7. Said state superintendent shall, on or before the fifteenth day of December preceding each regular session of the general assembly, report to the governor the condition of the schools in the several counties of the state, the whole number of schools which have been taught in each county in each of the preceding years, commencing on the first of October; what part of said number have been taught by males exclusively, and what part by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attendance at said schools; the number of persons in each county under twenty-one years of age, and the number of such persons between the ages of twelve and twenty-one years that are unable to read and write; the amount of township and county funds; the amount of the interest of the state or common school fund, and of the interest of the township and of the county fund annually paid out; the amount raised by an ad valorem tax; the whole amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county; the number and description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the price paid for the same, and total amount purchased, and what quantity, and how distributed; and the number and condition of the libraries; together with such

other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting education throughout the state; which report shall be laid before the general assembly at each regular session. [L. 1857, p. 260, § 7.

8. RULES AND REGULATIONS-LEGAL ADVICE.] § 8. The said state superintendent of public instruction shall make such rules and regulations as may be necessary and expedient to carry into efficient and uniform effect the provisions of this act, and of all the laws which row are or may hereafter be in force for establishing and maintaining free schools in this state; and shall be the legal advi ser of all school officers, and when requested by any such school officer, shall give his opinion in writing upon any question arising under the school laws of this state. [L. 1857, p. 260, § 8.

9. MAY STOP PAYMENT TO NEGLIGENT OFFICERS.]. § 9. The said state superintendent shall have power to direct aud cause the county superintendent of any county, directors or board of trustees or township treasurer of any township, or, other school officer, to withhold from any officer, township, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officer shall have executed and filed all official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required of him by this act. [L. 1857, p. 261, § 9.

10. SALARY-EXPENSES.] § 10. And the said state superintendent shall receive annually such sum as may be provided by law, as a salary for the services required under the provisions of this act, or any other law that may be passed, and also all necessary contingent expenses, for books, postage and stationery pertaining to his office, to be audited and paid by the state, as the salaries and contingent expenses of other officers are paid. [See "Fees and Salaries," ch. 53, § 1. L. 1865, p. 125, § 1.

COUNTY SUPERINTENDENTS-THEIR ELECTION AND DUTIES.

11. ELECTION.] § 11. On the Tuesday next after the first Monday in November, 1873, and every four years thereafter, there shall be elected by the qualified voters of every county in this state, a county superintendent of schools, who shall perform the duties required by law. [See "Elections,” ch. 46, § 24, L. 1865, p. 112, § 2.

OATH OF OFFICE-BOND.] He shall, before entering upon his duties, take the oath prescribed by the constitution, and execute a bond, payable to the State of Illinois, with two or more responsible freeholders as security, to be approved by the county board, or judge and clerk of the county court, in penalty of not less than $12,000, to be increased at the discretion of said board, conditioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force; by which bond the obligors shall be bound jointly and severally, and upon which an action or actions may be maintained by the board of trustees of the proper township, for the benefit of any township or fund injured by any breach thereof; and joint action may be had for two or more funds. [L. 1865, p. 112, § 2.

12. FORM OF BOND-FILED.] § 12. The bond required in the foregoing section shall be in the following form, viz:

Know all men by these presents. that we, A B, C D and E F, are held and firmly bound, jointly and severally, unto the People of the State of Illinois, in the penal sum of dollars, to the payment of which we bind ourday of A. D. 18...

selves, our heirs, executors and administrators firmly by these presents.

......

In witness whereof, we have hereunto set our hands and seals this The condition of the above obligation is such, that if the above bounden A B. county superintendent of the county aforesaid, shall faithfully discharge all the duties of said office, according to the laws which now are or may hereafter be in force, and shall deliver over to his successor in office all money's, books, papers and property in his hands, as such county superintendent, then this obligation to be void: otherwise to remain in full force and virtue.

A B, [SEAL.]
CD, SEAL.]
EF, [SEAL.]

And which bond shall be filed in the office of the county clerk. [L. 1857, p. 262, § 12.

13. REMOVAL-NEW BOND-VACANCY.] § 13. The said superintendent shall be liable to removal by the county board for any palpable violation of law or omission of duty; and if a majority of said board shall at any time be satisfied that his bond is insufficient, it shall be his duty, on notice, to execute a new bond, to be payable, conditioned and approved as the first bond, the execution of which shall not affect the old bond, or the liability of the security thereof; and when the office of county superintendent shall become vacant by death, resignation or otherwise, the county board shall fill the same by appointment, and the person so appointed shall hold his office until the next election of county officers; at which election the county board shall order the election of a successor. [L. 1857, p. 262, § 13.

14. BOOKS TO BE KEPT.] § 14. The said superintendent shall provide three well-bound books, to be known and designated by the letters A, B, C, for the fol lowing purpose: In book A, he shall record, at length, all petitions presented to him for the sale of common school lands, and the plats and certificates of valuation made by or under the direction of the trustees of schools, and the affi. davits in relation to the same. In book B, he shall keep an account of all sales of common school lands; which account shall contain the date of sale, name of purchaser, description of land sold, and the sum sold for. In book C, he shall keep a regular account of all moneys received for lands sold, or otherwise, and loaned or paid out; the person of whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for which the loan was made, the rate of interest; the names of the securities, when personal security is taken, or, if real estate is taken as security, a descrip tion of said real estate, and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales and the accounts of each township fund to be kept separate. Said books shall be paid for out of the county treasury of the counties in which they are used. [L. 1857, p. 262, § 14.

15. TREASURER'S BOND-DELIVERY TO TREASURER.] § 15. Whenever the bond of any township treasurer, 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 to be in all respects according to law, and the securities good and sufficient, he shall indorse his approval thereon, and file the same with the papers in his office; but if said bond is in any respect defective, 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 all moneys, bonds, mortgages, notes and securities, and all papers of every description, belonging to said township; and the said township treasurer shall receipt for the same, which receipt shall be carefully filed and preserved by the county superintendent, and shall be evidence of the fact therein stated. [L. 1865, p. 113, § 3.

16. APPORTIONMENT AND PAYMENT OF SCHOOL FUND.] § 16. Upon the receipt of the amount due upon the auditor's warrant, the county superintendent shall apportion said amount to the several townships and parts of townships in his county, in which townships or parts of township schools have been kept in accordance with the provisions of this act and with the instructions of the state and county superintendent, according to the number of children, under twentyone 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 persons, 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 the fifty-fifth section of this act, nor in case said treasurer is re-appointed by the trustees, unless he shall have renewed his bond and filed the same as aforesaid. [L. 1865, p. 113, § 4.

17. REPORT TO STATE SUPERINTENDENT-PENALTY FOR NEGLECT. § 17. On or before the first Monday of November before each regular session of the general assembly, or annually, if so required by the state superintendent, the county superintendent shall communicate to said state superintendent all such information and statistics upon the subject of schools in his county as the said state superintendent is bound to embody in his report to the governor, and such other information as the state superintendent shall require; and any county superintendent so failing or refusing to report, shall be liable to removal by the county board for such neglect of duty. [L. 1865, p. 114, § 5; L. 1869, p. 395, § 1.

18. DELIVERY TO SUCCESSOR.] § 18. The county superintendent, upon his removal or resignation, or at the expiration of his term of service, (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. [See "Crim. Code," ch. 38, § 216; L. 1857, p. 264, § 18.

19. LOANING SCHOOL FUNDS-INTEREST APPORTIONED-CERTAIN INSTRUMENTS VALID.] § 19. The county superintendent may loan any money, not interest, belonging to the county 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 section 16 of this act; 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 here. after made payable to the county superintendents. [L. 1857, p. 264, § 19.

20. COUNTY SUPERINTENDENT TO VISIT SCHOOLS-ADVICE —DECISION.] § 20. It shall be the duty of the county superintendent, if so directed by the county board, to visit, at least once in each year, every school in his county, and to note the methods of instruction, the branches taught, the text books used, and the discipline, government and general condition of the schools. He shall give such directions in the science, art and methods of teaching as he may deem ex. pedient and necessary, and shall be the official adviser and constant assistant of the school officers and teachers of his county, and shall faithfully carry out the advice and instructions of the state superintendent. He shall encourage the formation and assist in the management of county teachers' institutes, and labor in every practicable way to elevate the standard of teaching, and improve the condition of the common schools of his county. 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, upon a written statement of facts, certified by the county superintendent. [L. 1865, p. 114, § 6. 21. STATISTICIAN EMPLOYED-MAY EXAMINE RECORDS-EXPENSES.] $21. In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded, to the county superintendent, the information and statistics required of them in this act, it shall be the duty of said county superintendent to employ a competent person to take the enumeration and furnish said statistical statement as far as practicable, to the superintendent; and said person so employed shall have free access to the books and papers of said township, to enable him to make such statement; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit said 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 treas urer 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. [L. 1857, p. 264, § 21.

22. SALE OF LAND TAKEN FOR DEBT.] § 22. When any real estate shall have been taken for debts due to any school fund, the title to which real estate has become vested in any county superintendent, or trustees of schools, for the use of the inhabitants of one or more townships, the county superintendent, or trustees of schools, may re-sell such real estate for the benefit of said township or townships, under the provisions of this act regulating the sale of the common school lands, and the said superintendent, or trustees of schools, is hereby authorized to execute conveyances to purchasers. [L. 1857, p. 265, § 22.

TOWNSHIPS-TRUSTEES OF SCHOOLS.

23. SCHOOL TOWNSHIPS.] § 23. Each congressional township is hereby established a township for school purposes, but when any fractional township contains less than forty persons under twenty-one years of age, the trustees thereof, upon petition of a majority of the 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 the 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 the territory, funds and other property of school townships. [L. 1865, p. 114, § 7.

SCHOOL TRUSTEES—CORPORATE NAME-POWERS-TERM OF OFFICE.] The 'business of the township shall be done by three trustees, to be elected by the legal voters of the township, who, upon their election, as hereinafter provided, shall be a body politic and corporate, by the name and style of "Trustees of Schools of Township...., Range ," 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. Said trustees shall continue in office three years, and until others are elected and enter upon the duties of their office. 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. [L. 1865, p. 114, § 7.

24. QUALIFICATIONS.] § 24. No person shall be eligible to the office of trustee of schools, unless twenty-one years of age, and a resident of the township. [See § 98. L. 1857, p. 266, § 24.

25. TIME OF ELECTION.] § 25. The election of trustees of schools shall be on the second Saturday in April, annually; but in townships where such election has not been heretofore had, or where there are no trustees of schools, the elec tion of trustees of schools may be holden on any Saturday, notice being given as hereinafter in this section required. [L. 1857, p. 266, § 25; L. 1865, p. 115, § 8; L. 1869, p. 393, § 1.

FIRST ELECTION ORDERED-NOTICE.] The first election shall be ordered, if in townships already incorporated, by the trustees of schools of the township, the township treasurer giving notice of the time and place by posting notices of the same at least ten days previous to the day of election, in not less than five of the most public places in the township. [L. 1857, p. 266, § 25.

IN CASE THERE ARE NO TRUSTEES.] If there are no trustees of schools in a township, the county clerk shall cause the notice to be given as aforesaid, and