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section. The Auditor shall draw his warrants quarterly upon the State Treasurer for payments from the Illinois State Teachers' Pension and Retirement Fund, upon the presentation of proper vouchers as provided by law.

(b) There shall be set aside by the Auditor and paid by him to the State Treasurer annually from the common school fund, an amount equal to one-tenth of one mill upon each dollar of the assessed valuation of all taxable property of the State within any city and school district coming under the provisions of 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, as amended. The moneys set aside as provided in this subdivision shall be taken only from that part of the common school fund which under the law would otherwise be distributable to the counties wherein a teachers' pension fund is or may be established under the above named Act of June 27, 1913, and the Auditor shall draw his warrants upon the State Treasurer proportionately for the respective cities and school districts payable to the treasurer of the board of school inspectors and to all other boards of directors, boards of education and boards of school inspectors in such cities or districts in accordance with the provisions of the Act above named, who shall credit such sums so paid to him or them to the teachers' pension and retirment fund under the provisions of said Act of June 27, 1913.

(c) There shall be set aside by the Auditor annually and paid into the State treasury the aggregate of all amounts payable from the State school fund as and for compensation for county superintendents of schools, as provided in an Act entitled: "An Act concerning fees and salaries and to classify the several counties of this State with reference thereto," approved March 29, 1872, as amended, and the Auditor shall draw his warrants upon the State Treasurer quarterly for the payment to the several county superintendents of their compensation as fixed by law.

(d) When any State institution is located in a school district hav ing fewer than one thousand inhabitants, and the State owns oneeighth or more of the total land area of such district, and pupils, who are members of families employed in said institution, attend the public school in said district, there shall be set aside by the Auditor annually and paid into the State treasury the sum hereinafter named, and the Auditor shall draw his warrant upon the State Treasurer for the payment of said sum to the board of directors of said school district. Said amount shall equal the sum which said land owned by the State would be required to pay in taxes, if privately owned, based upon the tax rate for school purposes in said district, computing the value per acre at the

average value per acre of the equalized assessed value of all the land assessed in said district: Provided, that annually on or before the first Monday in December of each year, the president and secretary of said board of directors of said district shall certify to the Auditor of Public Accounts the following matters:

A. The name of the State institution.

B.

The total land area of said district in acres.

C.-The total ownership of the land of the State in acres.

D.-The total equalized assessed value of all the land in said district.
E. The rate of tax levy for said district for said year.

F. The number of pupils who are members of families employed in such State institution.

(e) The remainder of said fund shall be apportioned to each county in proportion to the number of persons in each county under the age of twenty-one years, as ascertained from the next preceding State or Federal census, and the Auditor shall issue an order upon the county collector to pay to the county superintendent of schools the amount of such order out of the funds collected by him not otherwise appropriated by law and take the county superintendent's receipt for the same.

FILED June 26, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-sixth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

APPOINTMENT OF BOARD OF EDUCATION IN CITIES OF 45,000 OR MORE. § 1. Amends section 2, Act of 1879. §3. Emergency.

§ 2. As amended, provides that
in cities of 45,000 or more
inhabitants, to which this
Act is applicable, the
board shall consist of
eleven members appointed
by the mayor from the
city at large who shall
hold office for the term of
two years-vacancy.

(HOUSE BILL No. 69. APPROVED APRIL 26, 1917.)

AN ACT to amend an Act entitled, "An Act to provide for the appointment of school directors, and members of the board of education in certain cases, approved May 29, 1879, in force July 1, 1879," as amended by subsequent Acts, by providing in section 2 thereof that in all cities constituting a school district having a population of 45,000 or more, to which said Act applies, the board of education shall consist of eleven persons, one of whom shall be the president thereof, nominated by the mayor from the city at large, and confirmed by the city council.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 2 of an Act entitled, "An Act to provide for the appointment of school directors, and members of the board of education in certain cases, approved May 29, 1879,

in force July 1, 1879," as amended by subsequent Acts, be and the same is hereby amended to read as follows:

§ 2. It shall be the duty of the mayor of such city, at the first regular meeting of the city council, after each annual municipal election, and after his installation into office, to nominate and place before the council for confirmation as school directors, or members of the board of education, as the case may be, one person from each ward of said city to serve for two years, and one person from the city at large to serve for one year, and if the persons so appointed shall be confirmed by a majority vote of the city council, to be entered of record, the persons so appointed, together with such persons theretofore appointed under the provisions of the Act to which this is an amendment, whose terms of service shall not expire within one year, shall constitute the board of education or school directors for such district: Provided, that the person appointed from the city at large for one year shall be president of said board of education or school directors, but shall have no vote in such board excepting in case of a tie: Provided, further, that in any city having a population of 45,000 or more, constituting a school district to which this Act is applicable, the board of education shall consist of eleven (11) persons who shall be nominated by the mayor from the city at large and confirmed by a majority vote of the city council, one of which persons shall be designated by the mayor as the president of said board of education, and such person shall have no vote except in case of a tie; five members of said board of education and such person as may be designated as the president thereof shall be nominated by the mayor and placed before the city council for confirmation at the first regular meeting of the city council after the installation of the mayor into office, and upon confirmation by said council shall hold their offices for two years and until their successors shall be chosen as herein provided; the remaining five members of said board of education shall be nominated by the mayor and placed before the city council for confirmation at the first regular meeting of the city council next after one year from the date of the mayor's installation into office, and upon confirmation by said council shall hold their offices for two years and until their successors shall be chosen as herein provided. Provided[,] that in case a vacancy occurs in said board of education at any time by the death or resignation of any member thereof, or otherwise, the mayor shall nominate and place before the city council for confirmation at a regular meeting thereof some proper person to fill such vacancy, and upon confirmation by the city council, the person so nominated shall hold the office during the remainder of the term for which his or her predecessor was appointed. Provided, further, that the persons now constituting the board of education of cities having a popuation of 45,000 or more to which this Act applies shall hold their offices until their successors shall be chosen as herein provided.

§ 3. WHEREAS, an emergency exists for the immediate taking effect of this Act, therefore it shall be in force from and after its passage. APPROVED April 26, 1917.

AUTHORIZATION OF SCHOOL DISTRICTS TO SELL REAL ESTATE.

§ 1. Sale of real estate and application

of funds.

§ 2. Repeal.

(HOUSE BILL No. 68. APPROVED JUNE 25, 1917.)

AN ACT providing that the board of education of any school district existing by virtue of any special charter may sell real estate conveyed to it heretofore or hereafter by any city for school purposes and use the proceeds derived therefrom for school building purposes or for the purchase of other real estate for such purposes.

SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That the board of education of any. school district existing by virtue of any special charter may sell and dispose of any and all real estate heretofore and hereafter conveyed to it by any city for school purposes, and use the proceeds derived from the sale thereof for school building purposes or for the purchase of other real estate for such purposes.

§ 2. Any and all Acts or parts of Acts inconsistent with the provisions hereof are hereby repealed.

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(SENATE BILL NO. 56. APPROVED APRIL 20, 1917.)

AN ACT to amend sections 128 to 139, inclusive, and section 161 of an Act entitled, "An Act to establish and maintain a system of free schools," approved and in force June 12, 1909; and to provide a method of proving the records, rules, resolutions, and ordinances of boards of education in cities having a population exceeding 100,000 inhabitants.

SECTION 1. Be it enacted by the People of the State of Illinois, rep resented in the General Assembly: That sections 128 to 139, inclusive, and section 161 of an Act entitled, "An Act to establish and maintain a system of free schools," approved and in force June 12, 1909, be and are hereby amended so as to read as follows:

§ 128. Each city having a population exceeding 100,000 inhabitants shall constitute one school district which shall maintain a thorough and efficient system of free schools, which shall be under the charge of a board of education, which shall be a body politic and corporate, by the name of "Board of Education of the City of.....

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and by that name may sue and be sued in all courts and places where judicial proceedings are had. The said board of education shall consist of eleven members, to be appointed by the mayor, with the approval of the city council, three of whom shall be appointed for the term of one year, two of whom for the term of two years, two of whom for the term of three years, two of whom for the term of four years, and two of whom for the term of five years. Thereafter, at the expiration of the term of any member of said board, his successor shall be appointed in like manner; and all persons thus appointed, and their successors, shall hold office for the term of five years from the first day of May of the year in which they are appointed. Any vacancy that may occur in the membership of said board of education shall be filed through appointment by the mayor, with the approval of the city council, for the unexpired term. If any person so appointed shall fail to qualify within a period of thirty days after his appointment, the office shall be filled by a new appointment for the unexpired term: Provided, however, that in such cities wherein at the time this law shall go into effect there are members of a board of education holding office by appointment, such members shall continue in their office until eleven persons have been appointed and qualified as members of said board of education under this Act. No power vested in such board of education, or in any of its officers, agents or employees, shall be exercised by the city council of such city.

To be eligible for appointment to the board, a person shall be at least thirty years of age and a citizen of the United States, and shall have been a resident of the city for at least five years immediately pre

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