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the election the members of said board of education shall meet and organize by electing one of their number president. The nominations of candidates for members of the board of education for the non-high school district shall be made only by petition. All nominating petitions shall be filed with the county superintendent of schools at least fifteen days before the date of election. All petitions shall be signed by at least fifty legal voters of the district. The names of the candidates shall be printed on the ballot in the order in which the petitions are filed with the county superintendent of schools. The first election for members of the board of education for the non-high school district shall be held at the polling places of the districts comprising the non-high school territory and the judges and clerks of the district election boards shall receive and canvass the ballots and seal and mail them to the county superintendent of schools. The county superintendent of schools shall file the results of said election with the county clerk. The ballots to be used at the election held for the selection of members of the board of education of the non-high school district shall be furnished by the county, and shall be in the form prescribed by the county superintendent of schools. Voters shall make a cross mark in the square preceding the name or the names of the candidates of his choice and the ballots shall be so counted. At all subsequent elections in the non-high school districts the vote shall be canvassed by the non-high school board and the results filed with the county clerk. The polling place for subsequent elections in the non-high school district shall be designated by the board of education of the nonhigh school district. The manner of holding elections shall be governed by sections 126 and 126a of the General School Law, except where otherwise specifically directed herein.

None of the provisions of this Act regarding the establishment of non-high school districts shall be construed to prevent the organization of any territory of such non-high school districts, into township or community high school, school districts.

§ 94. The board of education of a non-high school district shall have the following powers and it shall be its duty:

First. To levy a tax annually upon all the taxable property of such non-high school district, not to exceed one per cent upon the valuation to be ascertained by the last assessment for State and county purposes, for the purpose of paying the tuition of all eighth-grade graduates residing within such non-high school district, attending any two, three or four year recognized high school. Such tax levy shall be certified and returned to the county clerk on or before the first Tuesday in October. The certificate shall be signed by the president and secretary of the board and may be in the following form, to-wit:

CERTIFICATE OF TAX LEVY.

We hereby certify that we require the sum of....

..dollars

to be levied as a special tax to pay the tuition of graduates of the eighth grade residing in the non-high school district of..

county, on the equalized assessed valuation of the taxable property of our non-high school district.

Signed this....

day of.

A..
C.

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A failure to certify and return the certificate of tax levy to the county clerk in the time required shall not vitiate the assessment.

Second. To issue orders on the county treasurer on or before the first Tuesday of May of each year for the payment of the tuition of eighth grade graduates residing within such non-high school district. attending a recognized high school, provided such attendance shall be certified to said board by the board of education of the high school attended. Such orders shall be payable out of any funds belonging to said non-high school district.

Third. To make such reports as may be required by the State Superintendent of Public Instruction and by the county superintendent of schools.

Fourth. To pay election expenses and other necessary incidental expenses out of the funds of the non-high school district.

§ 95. The county treasurer shall be the treasurer of the non-high school district of the county. He shall receive and hold all moneys belonging to said district and shall pay out the same upon lawful orders issued by the board of education of said non-high school district. He shall report to the secretary of the board of education of the non-high school district on or before the thirtieth day of June annually the receipts and expenditures of funds belonging to said district and the balance on hand. He shall make annually a complete report to the county superintendent of schools, including therein whatever statistics may be required by the county superintendent and shall perform such other duties. in connection with the non-high school district as are performed, by the township treasurers for school districts as required by the General School Law.

§ 96. Upon the approval of the county superintendent of schools. any high school pupil may attend a recognized high school more convenient in some district other than the high school district in which he resides and the board of education of the high school district in which said pupil resides shall pay the tuition of such pupil, provided, said tuition shall not exceed the per capita cost of maintaining the high school attended. Any eighth grade graduate residing in a non-high school district may attend any recognized two, three or four year high school, and his tuition shall be paid by the board of education of the non-high school district in which he resides.

An eighth grade graduate in the meaning of this Act is any person of school age who gives satisfactory evidence of having completed the first eight grades of school work by presenting a certificate of promotion. issued by the home school board, or by passing an examination given by the county superintendent of schools or by passing an examination given by the school attended.

A recognized high school in the meaning of this Act is any public high school providing a course of two or more years of work approved by the Superintendent of Public Instruction.

The tuition paid shall in no case exceed the per capita cost of maintaining the high school attended, excluding therefrom interest paid on bonded indebtedness which shall be computed by dividing the total cost of conducting and maintaining said high school by the average number of pupils enrolled, including tuition pupils [.]

§ 2. An Act entitled, "An Act to provide high school priveleges [privileges] for graduates of the eighth grade," approved June 26, 1913, in force July 1, 1913, and all other Acts and parts of Acts in conflict with the provisions of this amending Act, are hereby repealed. APPROVED June 22, 1917.

LEGALIZING ORGANIZATION OF HIGH SCHOOL DISTRICTS.

§ 1. Elections called for the purpose of organizing high school districts, and electing boards of education made legal and valid.

2. Act and proceedings of

districts

and boards of education de-
clared legal.

(HOUSE BILL No. 101.

§ 3. Over-lapping districts.

§ 4. Pending actions abated.

§ 5. Validity.

§ 6. Emergency.

APPROVED JUNE 14, 1917.)

AN ACT entitled, "An Act to legalize the organization of certain high school districts.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cases where a majority of the inhabitants of any contiguous and compact territory voting on the proposition, having voted at any election called for the purpose by a county superintendent of schools in favor of the organization of such territory into a high school district, and when at a subsequent election similarly called and held a board of education has been chosen for such district, each such election is hereby made legal and valid and such territory is hereby declared legally and validly organized and established as a high school district, and a valid and existing school district and body politic and corporate of this State for the purpose of establishing and maintaining a high school. The board of education acting for each such district is hereby declared to be the duly constituted corporate authority thereof, and each such board shall hereafter consist of a president and six members, and shall be elected and organized in the same manner and have the powers and discharge the duties of boards of education of school districts as provided by sections 123, 125, 126, 126a and 127 of an Act of the General Assembly of the State of Illinois entitled, "An Act to establish and maintain a system of free schools," approved June 12, 1909, as said sections now exist or may from time to time be amended.

§ 2. All Acts and proceedings heretofore done, had or performed by each such district and the persons from time to time elected and acting as the board of education thereof, such as are authorized to be done, had or performed by school districts or boards of education thereof by

the general school laws of this State are hereby declared to be legal and valid in all respects.

§ 3. Whenever there are two such districts which overlap in territory, that district which shall have first established and now continues to conduct a high school, is hereby validated and confirmed.

§ 4. All pending actions attacking the organization of districts. coming under the provisions of this Act shall abate.

§ 5. The invalidity of any section of this Act shall not affect the remainder thereof.

§ 6. WHEREAS, an emergency exists, therefore this Act shall be in full force and effect from and after its passage and approval. APPROVED June 14th, 1917.

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AN ACT authorizing school districts to acquire real estate by gift, donation or devise for the purpose of establishing, maintaining and operating play grounds, recreation grounds and athletic fields and to provide for the policing thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Any school district in this State organized and existing under the general law or by special charter is hereby authorized and empowered to acquire by gift, donation or devise, real estate, and to hold the same, not to exceed ten (10) acres in school districts having less than ten thousand inhabitants, for the purpose of establishing play grounds, recreation grounds and athletic fields, and to equip the same and to operate and maintain the same, the cost of equipping, maintaining and operating the same to be paid from the building fund levied, collected and appropriated in such school district.

§ 2. Such real estate so acquired need not be contiguous to any other school property or real estate owned by such school district.

§ 3. If such real estate so acquired by such school district shall lie partly or wholly outside the corporate limits of any city, village or incorporated town situated in such district, then such real estate so acquired shall, if the same be situated within one mile of the corporate limits of any such city, village or incorporated town in such school district, be under the police control and protection of the police force or police department of such city, village or incorporated town, and it is hereby made the duty of any such city, village or incorporated town to exercise police control and protection over such real estate and its equipment, in the same manner and to the same extent that such city, village or incorporated town would exercise police control and protection thereover if such real estate were situated within the corporate limits of such city, village or incorporated town.

4. WHEREAS an emergency exists; therefore, this Act shall be in force and effect from and after its passage.

APPROVED June 25, 1917.

PROPERTY CONVEYED, DEVISED OR BEQUEATHED FOR USE OF PUBLIC SCHOOL DISTRICTS.

§ 1. Title to property, conveyed, devised,

bequeathed, or donated for use
of public schools to vest in board
of directors, or board of educa-
tion.

(HOUSE BILL No. 775.

§ 2. Act not to apply where instrument vests the title in a designated trustee or grantee.

§ 3. Saving clause. APPROVED JUNE 27, 1917.)

AN ACT relative to property conveyed, devised or bequeathed for the use and benefit of any public school district.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whenever any grant, gift, donation, devise or bequest of real estate or personal property has been or shall be, directly or indirectly, made to or for the use of any public school district in this State and the deed, will or other instrument by which such grant, gift, donation, devise or bequest is made declares in terms or in substance that such property shall be held, managed, improved and to be vested in the board of directors (or board of education as the case may be) of such district for the use so expressed and shall be held, managed, improved, invested or disposed of by such board in such manner as will best promote and carry into effect the intention of the person making such grant, gift, donation, devise or bequest as expressed in the instrument by which the same was or shall be so made.

§ 2. This Act shall not apply in any case where the deed, will or other instrument by which such gift, donation, devise or bequest has been or shall be made, effectively vests the title and control of such property in a trustee or grantee named in such deed, will or other instrument, provided, however, if the trustee or grantee so named is incapable of taking or administering the trust so created, or if the grantee or trustee so named shall refuse or fail to accept such trust, then the title and control thereof shall vest as provided in section 1 hereof.

§ 3. Nothing contained herein is intended to, nor shall it be so construed as to validate or make effective any bequest, devise or legacy which but for this enactment would have been invalid or ineffective. APPROVED June 27, 1917.

TEACHERS' PENSION FUND IN DISTRICTS UNDER SPECIAL ACTS. § 1. Amends section 3, Act of 1913. § 3. What fund consists of. (SENATE BILL No. 491. FILED JUNE 26, 1917.) AN ACT to amend an Act entitled, "An Act to enable any board of school inspectors, or any body or board of officials which governs or has charge of the affairs of any school district having a population of not fewer than ten thousand (10,000) and not more than one hundred thousand (100,000) inhabitants and governed by special Acts of the General Assembly of this State and in such other districts as may hereafter be ascertained by any special or general census to have such population. and which school districts are also governed by like special Acts. to establish and maintain a Teachers' Pension and Retirement Fund." approved June 27, 1913, in force July 1, 1913, as subsequently amended, by amending section 3 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That an Act entitled "An Act to

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