report of the director thereof, and said books shall be drawn and returned by the several directors for their respective districts.

TITLE XI. CHAPTER 58.

tioned by county

townships for

SEC. 116. The clear proceeds of all fines for any breach of the penal Proceeds of fines, laws of this state, and for penalties, or upon any recognizances in &c to be appor criminal proceedings, and all equivalents for exemption from military treasurer among duty, when collected in any county, and paid into the county treasury, purchase of together with all moneys heretofore collected and paid into said trea- books. sury on account of such fines or equivalents, and not already apportioned, shall be apportioned by the county treasurer, between the first and tenth days of April in each year, among the several townships in the county, according to the number of children therein between the ages of four and eighteen years, as shown by the last annual statement of the county clerk on file in his office; which money shall be applied to the purchase of books for the township library, and for no other purpose.

district library,

done to, and

SEC. 117. In each district in which a district library has been es- Director to distablished, the director shall, as the librarian of the district, distribute tribute books of the books therein to the children of his district of proper age, and and collect damshall collect from the parents or guardians of such children, all such ages for injury damages as they may respectively become liable to pay on account of books belonging any injury done to, or loss of, or neglect to return any of such books, brary. or any books belonging to the township library, pursuant to such rules and regulations as shall be prescribed by the board of school inspectors.

to township li

lected and ap.

SEC. 118. If such damages shall have occurred by reason of any Damages to injury to, or loss of, or neglect to return any books belonging to the books, how coltownship library, they shall be collected in the name of the township, plied. and paid into the township treasury for the benefit of such township library, and if the same shall have accrued by reason of any injury to, or loss of, or neglect to return any books belonging to the district library, the same shall be collected in the name of the district, for the benefit of the district library.

Interest of school

tributed on first

Distribution of the Income of the School Fund. SEC. 119. The interest of the primary school fund shall be distributed on the first Monday of April in each year, for the support of fund to be disprimary schools in the several townships in this state from which re- Monday of April ports have been received by the superintendent of public instruction, in each year. in accordance with the provisions of this chapter, for the school year last closed, in proportion to the number of children in such townships between the ages of four and eighteen years; and the same shall be payable on the warrant of the auditor general to the treasurers of the several counties.

ty treasurers on warrant of audi

Payable to coun

tor general.

to receive mo

SEC. 120. The several county treasurers shall apply for and receive such moneys as shall have been apportioned to their respective County treasurer counties, when the same shall become due; and each of said treasu- neys and notify rers shall immediately give notice to the treasurer and clerk of each clerk of each township. township in his county, of the amount of school moneys apportioned to his township, and shall hold the same subject to the order of the township treasurer.

from superinten

County clerk reSEC. 121. Whenever the clerk of any county shall receive from the ceiving notice superintendent of public instruction, notice of the amount of moneys dent of amount apportioned to the several townships in his county, he shall file the same in his office, and forthwith deliver a copy thereof to the county liver copy to

treasurer.

of moneys, to

file same, and de

county treasurer

TITLE XI.

CHAPTER 58.

Jurisdiction in certain cases.

Of Suits and Judgments against School Districts.

SEC. 122. Justices of the peace shall have jurisdiction in all cases Justices to have of assumpsit, debt, covenant, and trespass on the case against school districts, when the amount claimed, or matter in controversy shall not exceed one hundred dollars, and the parties shall have the same right of appeal as in other cases.

Suit against district, how commenced.

If district in two or more townships, certificate to be made to supervisor of each. Supervisors to

assess amount of

judgment and in

terest. How col

lected and returned.

Penalty for neg. lecting to serve notice of first meeting, &c.

Penalty on dis

trict officers for neglect, &c.

SEC. 123. When any suit shall be brought against a school district, it shall be commenced by summons, a copy of which shall be left with the assessor of the district, at least eight days before the return day thereof.

SEC. 124. No execution shall issue on any judgment agianst a school district, nor shall any suit be brought thereon, but the same shall be collected in the manner prescribed in this chapter.

SEC. 125. Whenever any final judgment shall be obtained against a school district, if the same shall not be removed to any other court, the assessor of the district shall certify to the supervisor of the township, and to the director of the district, the date and amount of such judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the assessor shall certify the same as aforesaid, immediately after the final determination thereof, against the district.

SEC. 126. If the assessor shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, administrators or assigns, to file with the supervisor the certificate of the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the assessor.

SEC. 127. If the district against whom any such judgment shall be rendered, is situated in part in two or more townships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated.

SEC. 128. The supervisor or supervisors receiving either of the certificates of a judgment as aforesaid, shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable property of the district, placing the same on the next township assessment roll in the column for school taxes, and the same proceedings shall be had, and the same shall be collected and returned in the same manner as other district taxes.

Penalties and Liabilties.

SEC. 129. Every taxable inhabitant receiving the notice mentioned in the first and second sections of this chapter, who shall neglect or refuse duly to serve and return such notice, and every chairman of the first district meeting in any district, who shall wilfully neglect or refuse to perform the duties enjoined on him in this chapter, shall respectively forfeit the sum of five dollars.

SEC. 130. Every person duly elected to the office of moderator, director or assessor of a school district, who shall neglect or refuse, without sufficient cause, to accept such office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars.

SEC. 131. Every person duly elected or appointed a school inspec

or, who shall neglect or refuse, without sufficient cause, to qualify and serve as such, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars.

TITLE XI. CHAPTER 58.

Penalty on in

spectors for not qualifying or neg

inspectors liable

SEC. 132. If any board of school inspectors shall neglect or refuse lecting duty. to make and deliver to the township clerk, their annual report to the Board of school county clerk, as required in this chapter, within the time limited for neglect. therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the township treasurer in the name of the township, in an action of debt or on the

case.

How recovered,

Township clerk

transmit reports,

SEC. 133. If any township clerk shall neglect or refuse to transmit the report mentioned in the preceding section, to the county clerk, as neglecting to required in this chapter, he shall be liable to pay the full amount lost liable for amcant by such neglect or refusal, with interest thereon, to be recovered in lost. the manner specified in the preceding section.

neglecting to

amount lost.

SEC. 134. Every county clerk who shall neglect or refuse to make County clerk the report required in this chapter, to be made by him to the superin- make annual retendent of public instruction, within the time therefor limited, shall port, liable for be liable to pay to each township the full amount which such township, or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recovered in the manner specified in the last two preceding sections.

on account of

posed of.

SEC. 135. All the moneys collected or received by any township Money collected treasurer under the provisions of either of the three last preceding sections, shall be apportioned and distributed to the school districts neglect, how dia. entitled thereto, in the same manner, and in the same proportion, that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this chapter, have been apportioned and distributed.

cer for illegal

SEC. 136. The township board of each township shall have power, Removal of offi and is hereby required, to remove from office, upon satisfactory proof, use of money. after at least five days' notice to the party implicated, any district officer or school inspector who shall have illegally used or disposed of any of the public moneys entrusted to his charge.

Miscellaneous Provisions relating to Primary Schools.

may send to

rated therein.

SEC. 137. Any person paying taxes in a school district in which he Persons paying does not reside, may send scholars to any district school therein, and taxes in district such person shall, for that purpose, have and enjoy all the rights and school, and be privileges of a resident of such district, except the right of voting therein, and shall be rated therein for teachers' wages and fuel, and in the census of such district, and the apportionment of moneys from the school fund, scholars so sent, and generally attending such school, shall be considered as belonging to such district.

shall be divided,

how collected

SEC. 138. Whenever any portion of a school district shall be set off When district and annexed to any other district, or organized into a new one, after a after tax assessed tax for district purposes, other than the payment of any debts of the and not collected, district, shall have been levied upon the taxable property thereof, but and apportioned. not collected, such tax shall be collected in the same manner as if no part of such district had been set off, and the said former district, and the district to which the portion so set off may be annexed, or the new district organized from such portion, shall each be entitled to such proportion of said tax, as the amount of taxable pro

TITLE XI.

CHAPTER 58 perty in each part thereof bears to the whole amount of taxable property on which such tax is levied.

District in two or more town

ship, income of

SEC. 139. For the purpose of apportioning the income of the primary school fund among the several townships, a district situated in school fund, how part in two or more townships, shall be considered as belonging to apportioned, &c. the township to which the annual report of the director is required to be made, but money raised in any one of such townships for the support of schools therein, shall be apportioned to the districts and parts of districts therein, according to the number of children of the proper age in each.

Moneys may be

raised by town ships for support

of schools.

SEC. 140. The qualified voters of any township may, by vote at the annual township meeting, raise by tax a sum not exceeding fifty cents for every scholar in the township between the ages of four and eighteen years, for the support of common schools in the township; and such tax shall be levied, collected and returned, in the same manner as township taxes are levied, collected and returned,

TITLE XII.

OF THE PUBLIC LANDS, AND THE SUPERINTENDENCE AND DISPOSITION

THEREOF.

Chapter 59. Of the State Land Office, and the Officers connected

therewith.

Chapter 60. Of the Superintendence and Disposition of the Public
Lands.

TITLE XII. CHAPTER 59.

CHAPTER 59.

OF THE STATE LAND OFFICE, AND THE OFFICERS CONNECTED THERE WITH. SECTION 1. The state land office established in the village of Mar- Land office. shall in the county of Calhoun, shall be continued at the place aforesaid, until otherwise provided by law.

1844, p. 80, &c.

SEC. 2. The chief officer of the land office, shall be called the com- Commissioner, missioner of the land office, and shall be appointed by the governor, how appointed. by and with the advice and consent of the senate, and shall hold his office for the term of two years, and until his successor shall be appointed and qualified.

SEC. 3. The commissioner of the land office shall receive an annual His salar y. salary of one thousand dollars, payable quarter yearly.

and bond.

SEC. 4. Before entering upon the duties of his office, he shall take Oath of office the oath prescribed by the twelfth article of the constitution of this state, and cause the same to be filed with the secretary of state, and shall also execute to the people of this state a bond in the penal sum of fifty thousand dollars, with two sufficient sureties to be approved by the auditor general and state treasurer, and deposite the same with the secretary of state.

SEC. 5. The condition of said bond shall be, that the said commis- Condition of sioner shall faithfully discharge the duties of his said office, and that bond. he will honestly and truly account for and pay over all moneys and evidences of debt that may come into his hands by virtue of his office,

or into the hands of his deputy or clerk, according to law.

SEC. 6. The said commissioner shall appoint a deputy, and may Commissioner to appoint depu also appoint one clerk, if the business of his office shall require it, each ty and clerk. of whom shall receive an annual salary not exceeding five hundred dollars, payable quarter yearly.

SEC. 7. Said deputy and clerk shall severally, before entering upon Deputy and clerk the duties of their office, take and subscribe the constitutional oath of to take oathoffice, and cause the same to be filed with the secretary of state, and commissioner rethe commissioner may remove them or either of them at his pleasure, their acts. and the said commissioner and his sureties shall be responsible for their official acts.

sponsible for