LB TH E UtNERAL SCHOOL LAWS OF MICHIGAN COMPILED UNDER DIRECTION OF FRED M. WARNER SECRETARY OF STATE 19O1 UN STATE PRINTERS GIFT OF THE GENERAL SCHOOL LAWS OF MICHIGAN COMPILED UNDER DIRECTION OF FRED M. WARNER SECRETARY OF STATE -i A, |3 I 1 18 LANSING WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 1901 CONTENTS. CONSTITUTIONAL, PROVISIONS . Sections. Article VIII. State Officers, 1-3 Article XIII. Education, 4-15 Article XIV. Finance and Taxation, 16 STATUTORY PROVISIONS. I. Primary School System (a) Superintendent of Public Instruction, 17-23 (b) Formation, Alteration, Meetings and Powers of Districts 24-43 (c) District Board and Officers, - 44-69 (d) Township Officers, 70-91 (e) County Clerk and Treasurer, 92-94 (f ) Bonded Indebtedness of Districts, 95-98 (g) Suits and Judgments against Districts, - 99-105 (h) Sites for Schoolhouses, 106-120 (i) Appeals from Action of Inspectors, - 121-123 (j) Graded School Districts, 124-129 (k) Libraries, - 130-142 (1) Penalties and Liabilities, 143-152 II. Miscellaneous Provisions relative to Education and the Schools (a) Free Text Books, 153-158 (b) Agricultural College Course, 159 (c) Kindergarten Method, 160-163 (d) Teaching of Dangerous Communicable Diseases, - - 164-165 (e) Appropriation for the Teaching of above, 166-167 (f ) Publication of the Proceedings of Annual School Meeting, 168-169 (g) Purchase and Display of United States Flag, 170 (h) Returns from Incorporated Institutions, - 171 (i) Teachers' Certificate from U. of M., 172 (j) State Teachers' Certificates, 173-175 III. County Commissioners and School Examiners, - 176-188 IV. Examination of Candidates for Admission to Agricultural College, 189-190 V. Township School Districts in Upper Peninsula, 191-206 VI. Teachers' Institutes, - 207-214 VII. Compulsory Education, - 215-220 VIII. Miscellaneous Offenses Crime and Truancy. - 221-223 381335 iv CONTENTS. Sections. IX. Powers, Duties, and Officers of Townships School Inspectors, 224-228 X. Teachers' Associations, 229-231 XI. State Accounts Safe Keeping of Public Moneys, 232-239 XII. State Lauds Apportionment of Dog Tax, 240 XIII. State Normal Schools, - 241-263 XIV. Legislation of 1899 (a) Name of Michigan State Normal College, 264 (b) Normal School at Marqnette, 265-270 (c) Loan Funds for Students, 271-277 (d) State Library Commission, - 278-282 (e) Day Schools for the Deaf, - 283-288 (f ) Publication and Distribution of Laws and Public Documents, 289-293 XV. Legislation of 1901 (a) Rural High Schools, 294-301 (b) Qualification of Kindergarten Teachers, 302-304 (c) Commissioners to Transmit List of Libraries, 305 XVI. Appendix. Forms for Proceedings under the School Laws, 306-335 NOTE: The Section numbers in parentheses, ( ), are Compiler's Sections and are consecutive throughout this compilation. Section numbers of the Compiled Laws of 1897 precede each section and are indicated by the Section Mark, (). Notes following the Sections indicate the Amendments, Supreme Court Decisions, etc., Sec. or Section the section of the law. COMP. GENERAL SCHOOL LAWS OF MICHIGAN. CONSTITUTIONAL PROVISIONS. ARTICLE VIII. STATE OFFICERS. (1.) SECTION 1. There shall be elected at each biennial elec- state officers tion, a Secretary of State, a Superintendent of Public Instruc- ^ be elected. tion, a State Treasurer, Commissioner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. They shall keep their offices at the seat of govern- where to keep ment, and shall perform such duties as may be prescribed by offices - law. (2.) SEC. 2. Their term of office shall commence on the first Term of office. day of January, one thousand eight hundred and fifty -three, and of every second year thereafter. (3.) SEC. 3. Whenever a vacancy shall occur in any of the vacancy, bow State offices, the Governor shall fill the same by appointment, filled> by and with the advice and consent of the Senate, if in session. ARTICLE XIII. EDUCATION. (4.) SECTION 1. The Superintendent of Public Instruction Duties of shall have the general supervision of public instruction, and |nt Spifbifc his duties shall be prescribed by law. instruction. (5.) SEC. 2. The proceeds from the sales of all lands that school fund, have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated ; j ^GENERAL SCHOOL LAWS. Escheats. Free schools. Instruction conducted in English language. District schools. When de- prived of pub- lic money. Election of regents of the university. Vacancy, how filled. Regents a body corpo- rate. President of the university. University interest fund. State board of education. by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be in- violably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation. (6.) SEC. 3. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the State; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools. (7.) SEC. 4. The Legislature shall, within five years from; the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year,, in every school district in the State; and all instruction in said schools shall be conducted in the English language. (8.) SEC. 5. A school shall be maintained in each school dis- trict at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the- ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the sup- port of schools. (9.) SEC. 6. There shall be elected in the year eighteen hun- dred and sixty-three, at the time of the election of a Justice of the Supreme Court, eight Regents of the University, two of whom shall hold their office for two years, two for four years,, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next suc- ceeding their election. At every regular election of a Justice of the Supreme Court thereafter, there shall be elected two Regents, whose terms of office shall be eight years. When a vacancy shall occur in the office of Regent, it shall be filled by appointment of the Governor. The Regents thus elected shall constitute the Board of Regents of the University of Michigan. (10.) SEC. 7. The Regents of the University, and their suc- cessors in office, shall continue to constitute the body corpo- rate known by the name and title of "The Regents of the- University of Michigan." (1.1.) SEC. 8. The Regents of the University shall, at their first annual meeting, or as soon thereafter as may be, elect a president of the University, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, and be the principal executive officer of the University. The Board of Regents shall have the general supervision of the University, and the direction and control of all expenditures from the University interest fund. (12.) SEC. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of the State Board of Education; one for two years, one for four years, and one for six years; and at each sue- GENERAL SCHOOL LAWS. ceeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The supermtend- Superintendent of Public Instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law. (13.) SEC. 10. Institutions for the benefit of those in- Asylums, habitants who are deaf, dumb, blind, or insane, shall always be fostered and supported. (14.) SEC. 11 . The Legislature shall encourage the promo- Agricultural tion of intellectual, scientific, and agricultural improvement; sc and shall, as soon as practicable, provide for the establish- ment of an agricultural school. The legislature may appro- priate the twenty-two sections of salt spring lands now un- appropriated, or the money arising from the sale of the same, where such lands have already been sold, and any lands which may hereafter be granted or appropriated for such pur- pose, for the support and maintenance of such school, and may make the same a branch of the University, for instruc- tion in agriculture and the natural sciences connected there- with, and place the same under the supervision of the Re- gents of the University. (15.) SEC. 12. The Legislature shall also provide for the Libraries, establishment of at least one library in each township and city; and all fines assessed and collected in the several coun- penal fines to ties and townships for any breach of the penal laws, shall be b< exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township or the board of education of any city: Provided, That in no proviso, case shall such fines be used for other than library or school purposes. ARTICLE XIV. FINANCE AND TAXATION. (16.) SECTION 1. All specific State taxes, except those re- specific ceived from the mining companies of the upper peninsula, ta shall be applied in paying the interest upon the primary school, university, and other educational funds, and the in- terest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such spe- cific taxes shall be added to and constitute a part of the primary school interest fund. The Legislature shall provide Tax for state for an annual tax, sufficient with other resources, to pay exper the estimated expenses of the State government, the interest of the State debt, and such deficiency as may occur in the resources. GENERAL SCHOOL LAWS. STATUTORY PROVISIONS. THE PEIMAEY SCHOOL SYSTEM. An Act to revise and consolidate the laws relating to PUBLIC INSTRUCTION AND PRIMARY SCHOOLS, and to repeal all statutes and acts contravening the provisions of this act. [Act 164, 1881.] THE SUPERINTENDENT OF PUBLIC INSTRUCTION. Powers and (17.) 4639. SECTION 1. The People of the State of Michigan enact, That the superintendent of public instruction shall have general supervision of public instruction and of all state insti- tutions, other than the university, that are essentially educa- tional in their character, and it shall be his duty, among other things, to visit the university, the agricultural college, the in- stitution for the deaf and dumb, the school for the blind, the reform school, the reform school for girls, and the public school for dependent and neglected children, and to meet with the governing boards of each of said institutions at least once TO make in each year. He shall also prepare annually, and transmit t- to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing: contents of. First, A statement of the condition of the university and of each of the several state educational institutions, all incor- porated institutions of learning, and the primary, graded, and high schools; Second, Estimates and amounts of expenditures of all edu- cational funds; Third, Plans for the management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required; Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all state institutions of educational character; Fifth, Abstracts of the annual reports of the school inspect- ors of the several townships and cities of the state; Sixth, All such other matter relating to his office and the subject of education generally as he shall deem expedient to communicate. As to superintendents of public instruction, see Chapter 116, C. L. 1897 ; Const, xiii, 1. Deputy super- (18.) 4640. SEC. 2. He may appoint a deputy superintend- ent of public instruction and revoke such appointment in his discretion, and such deputy shall take the constitutional oath GENERAL SCHOOL LAWS. of office, which, with his appointment, shall be filed with the secretary of state. Said deputy may execute the duties of the Duties of. office in case of a vacancy or the absence of the superintendent. (19.) 4641. SEC. 3. The superintendent of public instruc- school laws to tion shall compile and cause to be printed all general laws re- andpSislfed lating to schools, together with all necessary forms, regula- Jjjf forms ' tions, and instructions for conducting all proceedings under said laws, or relative to the organization and government of the schools, including rules and regulations for the manage- ment of township and district libraries, and he shall transmit the same to the several officers intrusted with the care and management of said schools. (20.) 4642. SEC. 4. He shall semi-annually, on receiving Apportion- notice from the auditor general of the amounts thereof, and p^iSkry between the first and tenth days of May and November, appor- f o1 f und ' tion the primary school interest fund among the several town- ships and cities of the state, in proportion to the number of children in each between the ages of five and twenty years, as the same shall appear by the reports of the several boards of school inspectors made to him for the school year closing prior to the May apportionment and shall prepare a state- ment of the amount in the aggregate payable to each county, and shall deliver the same to the auditor general, who shall warrant for, thereupon draw his warrant upon the state treasurer in favor h( of the treasurer of each county for the amount payable to each county. He shall also send written notices to the clerks of the Notice to several counties of the amount in the aggregate to be dis- C( bursed in their respective counties, and the amount payable to the townships and cities therein respectively. Am. 1885, Act 202. Moiles v. Watson, 60 / 417. (21.) 4643. SEC. 5. Whenever the returns from any proceedings county, township, city, or district, upon which a statement of defective the amount to be disbursed or paid to any such county, town- returns, ship, city, or district shall be so far defective as to render it impracticable to ascertain the share of primary school interest fund which ought to be disbursed or paid to such county, town- ship, city, or district, he shall ascertain by the best evidence in his power the facts upon which the ratio of such apportion- ment shall depend, and shall make the apportionment accord- ingly. (22.) 4644. SEC. 6. Whenever any county, township, city, when defi- or district, through failure or error in making the proper re- ap^&oned* 6 port, shall fail to receive its share of the primary school inter- the next year, est fund, the superintendent of public instruction, upon satis- factory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said superintendent that any district has had three months' school, but failed to have the full time of school GENERAL SCHOOL LAWS. required by law, through no fault or negligence of the district or its officers, he may include such district in his apportion- ment of the primary school interest fund in his discretion. Moiles v. Watson, 60 / 417. other duties (23.) 4645. SEC. 7. The superintendent of public instruc- tenSt nn tion shall perform such other duties as are or shall be re.- quired of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office. FORMATION, ALTERATION, MEETINGS, AND IPOWERS OF DISTRICTS. inspectors to (24.) 4f>4f>. SECTION 1. The township board of school in- 3 * spectors shall divide the township into such number of school districts as may from time to time be necessary, which dis- May alter tricts thev shall number, and they mav regulate and alter the boundaries of . , j * - j_i , i boundaries of the same as circumstances shall render proper; and each district shall be composed of contiguous territory, and be in as compact a form as may be, Am. 1901, Act 37. On the subject of primary schools, see chapter 116, C. L. 1897. PRIMARY SCHOOL SYSTEM: The whole primary school system was confided by the constitution to the legislature and it cannot be said that the officers of school districts, chosen pursuant to the system adopted by the legislature, are constitutional officers. Belles v. Burr, 76 / 11. The constitu- tion of 1850 left to the legislature, as did the preceding constitution, the estab- lishment of a. system of primary schools, restricting the legislature only by providing that a school shall be kept, without charge for tuition, at least three months in each year, and that all instruction shall be conducted in the English language. All other matters seem to be within the discretion of the legislature. Perrizo v. Kesler, 93 / 283 : People v. Hewlett. 94 / 168 : Pingree v. Board of Education, 99 / 408. Our primary school system is the pride of the state. People v. Hewlett, 94 / 169. FORMATION OF DISTRICTS : The township board of school inspectors is authorized to divide the township into such number of school districts as they may consider necessary from time to time, and may regulate and alter the boundaries of the same as circumstances shall render proper, subject to certain restrictions. Doxey v. Sch. Inspectors. 67 / 603 : Brody v. Penn. Twp. Board. 32 / 273 ; Sch. Dist. v. Sch. Dist.. 81 / 343 ; Simpkins v. Ward, 45 / 561. See Briggs v. Borden, 71 / 89-90. They may dissolve a school district and annex it to another. People v. Davidson, 2 Doug. 121 : Brewer v. Palmer, 13 / 107. When two districts are annexed without any other, change in their boundaries, the mere fact that one number is preferred to another does not change the real character of the annexation. Brewer v. Palmer, 13 / 109. When one district is annexed to another, its corporate existence ceases and it cannot be sued for debts : the new district must be held respon- sible for them. Id. But when a district is parceled out among several other districts, the latter cannot be held jointly liable for the debts of the former ; whatever they are bound to pay is a several and not a joint obliga- tion. Halbert v. Sch. Dists., 36 / 421. But the inspectors cannot change a district formed by special act of the legislature. Sch. Dist. v. Dean. 17 / 223. The organization of a new township severs its territory from the school district within which it was formerly embraced. People v. Ryan, 19 / 203. See Section 4654. INTEREST OF INSPECTORS : Where the interest of the inspectors in the formation of a school district is no greater than that of other tax- payers and residents, they are not disqualified from acting. Clement v. Everest, 29 / 19. The interest which disqualifies. Stockwell v. White Lake Twp. Board, 22 / 341 ; Peninsular Ry. Co. v. Howard. 20 / 18. QUESTIONING REGULARITY : The regularity of the proceedings for the formation of a district and the existence of it cannot be questioned collater- ally, but only in direct proceedings. Clement v. Everest, 29 / 19. See Sch. Dist. v. Inspectors, 27 / 3 ; Stuart v. Sch. Dist., 30 / 69 ; Lord v. Every, 38 / 405 ; Bird v. Perkins, 33 / 30 ; Stockle v. Silsbee, 41 / 621 ; Keweenaw Ass'n v. Sch. GENERAL SCHOOL LAWS. Dist., 98 / 437. The legality of the organization and existence of the district cannot be tested by certiorari. Jaquith y. Hale, 31 / 430. Certiorari to review the proceedings in organizing a district will not lie after the district Is actually organized and has assumed the functions of a corporation ; its corporate existence must then be tested by quo warranto. Sch. Dist. v. Inspectors, 27 / 3 ; People v. Gartland, 75 / 143. But there should be some special and extraordinary reason to justify interference by quo warranto with the organization of a school district, as the statutes provide a speedier remedy by an appeal from the district board to the township board. Lord v. Every, 38 / 405. And the supreme court will not meddle with the concerns of school districts, on mandamus, except on things of substance. Sch. Dist. v. Riverside Twp., 67 / 406. (25.) 4647. SEC. 2. Whenever the board of school in- Township pectors of any township shall form a school district therein, it shall be the duty of the clerk of such board to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. The said notice shall also direct such in- inhabitants to habitant to notify every qualified voter of such district, either firstm^ethfg f personally or by leaving a written notice at his place of resi- dence, of the time and place of said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly, and said inhabitant, when he shall have notified the qualified voters as required in such notice, shall endorse Return of thereon a return, showing such notification with the date or n( dates thereof, and deliver such notice and return to the chair- Notice and man of the meeting, to be by him delivered to the director J e ! Jorde t d. be chosen at such meeting, and by said director recorded at length as a part of the records of such district. NOTICE : The board of school inspectors may under one notice, at one meeting, by separate action, detach lands from separate school districts and attach them to one district. Doxey v. School Inspectors, 67 / 601. Irreg- ularity in notice. Parman v. Inspectors, 49 / 63. See Roeser v. Gartland, 75 / 144. RECORDS : Importance of. Sch. Dist. v. Snell, 24 / 352. (26.) 4648. SEC. 3. In case the inhabitants of any district proceedings m shall fail to organize the same in pursuance of such notice as foo e rganSe Ure aforesaid, the said clerk shall give a new notice in the manner district, hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered. (27.) 4649. SEC. 4. Whenever it shall be necessary or con- Formation of venient to form a district from two or more adjoining town- ships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a fractional district, and direct which township clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may render necessary in the same Towhom manner that other districts are altered. The annual reports director of of the director of such district shall be made to the inspectors Sau report? GENERAL SCHOOL LAWS. of the township in which the school-house may be situated, and the inspectors of such township shall number said district, Saginaw Twp. v. Sch. Dist., 9 / 544 ; Brewer v. Palmer, 13 / 109. when district (28.) 4650. SEC. 5. Every such school district shall be fzed? ed rgan " deemed duly organized when any two of the officers elected at the first meeting shall have filed their acceptances in writing with the director, and the same shall have been recorded in presumption . the minutes of such first meeting. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a dis- trict for the term of two years; and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities con- ferred upon school districts by law. Organization of districts. Director's meeting f tobe evidence. PRESUMPTION OF LEGAL ORGANIZATION: When a district has ex- ercised the franchises and privileges of a school district for over two years, it is too late to question the legality of its organization. Sch. Dist. v. Sch, Dist., 63 / 56 ; Sch. Dist. v. Sch. Dist., 81 / 343. The same rule which recognizes the right of officers de facto recognizes corporations de facto. Clement v. Everest, 29 / 23. In public affairs, when the people have organized them- selves under color of law into the ordinary municipal bodies, and have gone on year after year raising taxes, making improvements and exercising their usual franchises, their rights are properly regarded as depending quite as much on the acquiescence as on the regularity of their origin, and no ex post facto inquiry can be permitted to undo their corporate existence. People v. Maynard, 15 / 470. As to questioning the regularity of organization, etc., see note to Section 4646. (29.) 4651. SEC. 6. The record of the first meeting made by the directors shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings in the- organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the school inspectors,. as evidence. CORPORATE POWERS OF DISTRICTS. school district (30.) 4652. SEC. 7. Every school district organized in pursuance of this chapter, or which has been organized and continued under any previous law of the state or territory of Michigan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of "school district number (such num- ber as shall be designated in the formation thereof by the in- spectors), of" (the name of the township or townships in which the district is situated), and in that name shall be capable of suing and being sued, of contracting and being contracted with, and of holding such real and personal estate as is au- thorized to be purchased by the provisions of law, and of sell- ing the same. Name and style. Powers of. CORPORATE POWERS : The school district, under our statutes, is a cor- poration, and, as such corporation, is represented by three officers : a moder GENERAL SCHOOL LAWS. ator, director and assessor. The affairs of the district are managed and controlled by them, under certain restrictions. Sch. Dist. v. Sch. Dist., 63 / 57. A school district can take and hold bequests of money for the maintenance of a public library for the use and benefit of the residents of the district. Maynard v. Woodard, 36 / 423. School districts, like townships and coun- ties, are subdivisions of the state. This section gives them the capacity to sue and be sued. Van Wert v. Sch. Dist., 100 / 333. School districts are municipal corporations. Seeley v. Board of Ed., 39 / 486 ; Sch. Dist. v. Gage, 39 / 484 ; Belles v. Burr, 76 / 1. And cannot be garnisheed even by its own consent, unless the debtor also consents. Id. They preceded the constitu- tion (Stuart v. Sch. Dist., 30 / 69), and were recognized by that instrument. Belles v. Burr, 76 / 11. ALTERATION OF DISTRICTS. (31.) 4653. SEC. 8. Whenever the board of school in- Alterations of spectors shall contemplate an alteration of the boundaries of dtetrict^by^ a district, the township clerk (and for meetings of boards to ins P ectors - act in relation to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of the inspectors, and the al- teration proposed, by posting such notice in three public places in the township or townships, one of which notices shall be in each of the districts that may be affected by such alter- ation. Whenever the boards of school inspectors of more than one township meet, they shall elect one of their number chair- man, and another clerk thereof. NOTICE : The notice required is jurisdictional and indispensable. Coulter Alteration of v. Inspectors, 59 / 391 ; Sch. Dist. v. Inspectors, 63 / 611 ; Gentle v. Inspectors, district. 73 / 40 ; Graves v. Inspectors, 102 / 635 ; Passage v. Inspectors, 19 / 330 ; Andress v. Inspectors, 19 / 332. Proof of the posting of such notice should be filed with the clerk of the board, before any action is taken. Coulter v. Inspect- ors, 59 / 391 ; Sch. Dist. v. Inspectors, 63 / 611 ; Graves v. Inspectors, 102 / 635. Where notice is not given the filing of the consent of a majority of the resident taxpayers of the districts affected will not validate the action. Gentle v. Inspectors, 73 / 40. Notices must be posted in each township af- fected by the alteration. Sch. Dist. v. Metcalf, 93 / 499. The object of the notice is to enable parties interested to be heard before any action is taken. Gentle v. Inspectors, 73 / 45 ; Sch. Dist. v. Metcalf, 93 / 499. As to the pro- vision in the former law, see Sch. Dist. v. Sch. Dist., 63 / 51. FRACTIONAL DISTRICTS: The action of the joint boards is required In case of fractional districts. Sch. Dist. v. Sch. Dist., 81 / 343. (32.) 4654. SEC. 9. The inspectors may, in their discre- Powers of tion, detach the property of any person or persons from one a?ter e disiricts. district and attach it to another; except that no land which has been taxed for building a school-house shall be set off into another school district for the period of three years there- after, except by the consent of the owner thereof; and no dis- when consent trict shall be divided into two or more districts without the consent of a majority of the resident taxpayers of said dis- trict, and no two or more districts be consolidated without the consent of a majority of the resident taxpayers of each district. People v. Davidson, 2 Doug. 121 : Brewer v. Palmer, 13 / 104. See Sch. Dist. v. Dean, 17 / 223. Gentle v. Sch. Inspectors, 73 / 45. DISSOLVING DISTRICT : The school inspectors have power to alter boundaries of districts, and attach or detach persons, to or from any dis- trict ; but no power is anywhere granted to them to disband, dissolve or destroy a district, save as restricted under this section. Briggs v. Borden, 71 / 90. As intimated in Doxey v. Inspectors, 67 / 604, the school inspectors have no authority to divide up a district and destroy it, without the con- sent of a majority of the resident taxpayers ; nor can they destroy it by 2 10 GENERAL SCHOOL LAWS. cutting it up into pieces and attaching all the territory to other districts without such consent. Id. The terms "dissolve" and "disband" are of similar import and a vote taken to "disband" is supported by notice of a meeting to vote upon a proposition to "dissolve." Id. CONSENT OF OWNER : Lands taxed within three years for building a school-house, not to be set off into another district without the consent of the owner. Coulter v. Inspectors, 59 / 391. Persons out of (33.) 4655. SEC. 10. The inspectors may attach to a school district any person residing in a township, and not in any or- ganized district, at his request; and for all district purposes except raising a tax for building a school-house, such person shall be considered as residing in such district; but when set off to a new district, no sum shall be raised for such person as his proportion to the district property. (34.) 4656. SEC. 11. In all cases where an alteration of the boundaries of a school district shall be made, the town- ship clerk shall, within ten days, deliver to the director of each district affected by the alteration a notice in writing, set- ting forth the action of the inspectors and defining the alter- ations that have been made. Township clerk to give notice of alteration in districts. When district is divided, property to be apportioned. DIVISION OF PROPERTY. (35.) 4657. SEC. 12. When a new district is formed, in whole or in part, from one or more districts possessed of a school-house, or entitled to other property, the inspectors, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school-house and other property belonging to the former district, at the time of such division; and whenever by the division of any district, the school -house or site thereof shall no longer be conveniently located for school purposes, and shall not be desired for use by the new district in which it may be situated, the school in- spectors of the township in which such school-house and site shall be located, may advertise and sell the same, and appor- tion the proceeds of such sale, and also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district. Saginaw Twp. v. Sch. Dist., 9 / 541 ; People v. Ryan, 19 / 203 ; Ramsey v. Everett Twp. Clerk, 52 / 344 ; Sch. Dist. v. Riverside Twp., 67 / 404. NEW DISTRICT: The township board has jurisdiction of appeals from decisions of the board of school inspectors fixing the amount to be paid by an old school district to a new one. where the latter comprises part of the same territory and the former retains the school property. Pine Sch. Dist. v. Wilcox, 48 / 404. See Section 4743 as to appeals. Bill to prevent the consummation of a void apportionment. Sch. Dist. v. Sch. Dist., 63 / 58. Bill to restrain the sale of the school-house. Briggs v. Borden, 71 / 87. Upon the formation of a new district by the union of two or more, the new district succeeds to the credits and property and is liable for the debts of the old ones. Brewer v. Palmer, 13 / 104 ; Halbert v. Districts, 36 / 421. HOW proper- (36.) 4658. SEC. 13. Such proportion shall be ascertained and determined according to the value of the taxable property of the respective parts of such former district at the time of When sclwol house or site is not needed, may be sold. Proceeds of sale to be apportioned. GENERAL SCHOOL LAWS. 11 the division, by the best evidence in the power of the in- spectors; and such amount of any debt due from the former district, which would have been a charge upon the new, had it remained in the former district, shall be deducted from such proportion : Provided, That no real estate thus set off, Proviso, and which shall not have been taxed for the purchase or build- ing of such school-house, shall be entitled to any portion thereof, nor be taken into account in such division of district property. DEBTS OF OLD DISTRICTS: Where the territory of a school district is absorbed by other districts, the statute contemplates that the township board of school inspectors shall make an equitable adjustment of property and debts, so as to apportion them fairly among the districts which have succeeded to the jurisdiction of that which has been divided. Halbert v. Sch. Districts, 36 / 42i. Where a school district has been subdivided and other districts set off, the debts of the original district cannot be parceled out among all by a proceeding in the courts, so as to give creditors a remedy against any but the original debtors. Turnbull v. Alpena Sch. Dist., 45 / 496 ; Maltz v. Board of Education, 41 / 547. A debt once existing must remain a debt against the corporation that created it, and its obligation is not de- stroyed by a change in corporation limits. If contribution is required, it must be obtained by the corporation and not by its creditors, unless otherwise provided by law. Turnbull v. Alpena Sch. Dist., 45 / 499. DISTRICT MEETINGS. (37.) 4659. , SEC. 14. The annual meeting of each school Annual meet- district shall be held on the first Monday of September in each year, and the school year shall commence on that day: Pro- vided, That any school district that shall so determine at an Proviso, annual meeting, or at a special meeting duly called for that purpose, may hold its annual meeting on the second Monday of July in each year, or in the same manner may thereafter change the time of its annual meeting to the first Monday in September in each year, and the trustees and officers of the district shall date their terms of office from the date so chosen, and until their successors are elected and qualified: Provided further, That such action, in either case, shall not Proviso, change the time of the commencement of the school year, or the taking of the annual school census. Farrell v. Sch. Dist., 98 / 45 ; Johnston v. Mitchell, 120 / 589. (38.) 4660. SEC. 15. Special meetings may be called by special the district board; and it shall be the duty of said board, or m any one of them, to call such meetings on the written request of not less than five legal voters of the district, by giving the notice required in the next succeeding section; but no special when may not meeting shall be called unless the business to be transacted be called ' may lawfully come before such meeting, and no business shall Business of, to be transacted at a special meeting unless the same be stated in the notice of said meeting. NOTICE : Liberal rules of interpretation must be applied to these notices, and if they be such as. under a fair construction, to give notice to the electors of the purpose for which the meetings are called, they must be held sufficient. Peters v. Warren Twp., 98 / 55. 12 GENERAL SCHOOL LAWS. SPECIAL MEETING: In order to constitute a legal school meeting, the evidence must show that a legal petition was presented and a legal notice of the meeting given. Cent. Sch. Supply House v. Sch. Dist., 99 / 402 ; Johnston v. Mitchell, 120 / 589. Notices of meetings. Duty of dis- trict officer to give. When annual meeting not illegal for want of. (39.) 4661. SEC. 16. All notices of annual or special dis- trict meetings, after the first meeting has been held as afore- said, shall specify the day and hour and place of meeting, and shall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meeting shall be posted at the outer door of the district school-house, if there be one; and in case of any special meeting called for the pur- pose of establishing or changing the site of a school-house, such notice shall be given at least ten days previous thereto: Provided, That when any of the district board shall receive a request to call a special meeting, as provided in the pre- ceding section, he shall forthwith give notice, as above pro- vided, of said meeting, which shall be called in not less than six nor more than twelve days from the time the said officer shall receive the notice aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraud- ulent. Who qualified to vote at school meet- ings. Challenging voters. Schafer v. Sch. Dist. No. 1 of Baraga, 116 / 206 ; Johnston v. Mitchell, 120 / 589. (40.) 4662. SEC. 17. Every citizen of the age of twenty- one years, who has property assessed for school taxes in any school district, and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory belonging to such district at the time of holding said meeting, shall be a qualified voter in said meeting upon all questions, and all other citizens who are twenfy-one years of age, and are the parents or legal guardians of any children included in the school census of the district, and who have for three months as aforesaid, been residents of said district or upon any territory belonging thereto at the time of holding any school meeting, shall be entitled to vote on all questions arising in said district, which do not directly involve the rais- ing of money by tax. Am. 1895, Act 15. QUALIFIED VOTER : See Act 138 of 1893, conferring upon women the right to vote for all "school, village and city officers," and declared unconstitu- tional in Coffin v. Election Com'rs, 97 / 189. The constitution of 1835, as well as that of 1850, in terms authorized the legislature to construct a primary school system and for years antedating the present constitution the legisla- ture construed a similar provision as conferring the power to determine the qualifications of voters for district school officers. Coffin v. Election Com'rs, 97 / 193 ; Belles v. Burr, 76 / 1. The election of members of a board 1 of education at the annual charter election does not make such an election a "school district meeting" and give women the right to vote thereat, under the provisions of this section. Mudge v. Stebbins, 59 / 165. (41.) 4663. SEC. 18. If any person offering to vote at a school district meeting shall be challenged as unqualified by GENERAL SCHOOL LAWS. 13 any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the quali- fications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the chair- oath^tobe man shall tender to him an oath, in substance as follows: challenged "You do swear (or affirm) that you are a citizen of the United voters - States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you pay a school dis- trict tax therein;" and every person taking this oath shall be permitted to vote upon all questions proposed at such meet- ings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall wilfully take raise oath a false oath, or make a false affirmation, under the provisions of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner. Am. 1895, Act 258. Belles v. Burr, 76 / 6. (42.) 4664. SEC. 19. If at any district meeting any per- Disorderly son shall conduct himself in a disorderly manner, and, after pSSt notice from the moderator or person presiding, shall persist SEn^n therein, the moderator or person presiding may order him to custody. withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who shall refuse to withdraw from such meeting on being so or- dered as herein provided, and also any person who shall wil- fully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by pnalty for a fine not less than two nor more than fifty dollars, or by im- prisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the who shall township, ward, or city where such offense shall be committed, shall have jurisdiction to try and determine the same. trial - (43.) 4665. SEC. 20. The qualified voters in any school district when lawfully assembled at the first and at each an- voters at nual meeting, or at an adjournment thereof, or at any special 1 meet ~ 14 GENERAL SCHOOL LAWS. May adjourn. Elect district officers. May select a site. To direct the purchasing of sites. Vote tax. Limit of tax. meeting lawfully called except as hereinafter provided, shall have power: May appoint a First, At the first meeting and at any meeting after the or- ganization of the district, in the absence of the moderator, to appoint a chairman for the time being, and in the absence of the director to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify the same to the director, to be by him entered in the records of the district; Second, To adjourn from time to time as occasion may re- quire; Third, To elect district officers as herein provided, and to determine at what hour the annual meeting shall be held; Fourth, To designate, as hereinafter provided, a site or sucli number of sites as may be desired for school-houses, and to change the same when necessary; Fifth, To direct the purchasing or leasing of a site or sites, lawfully determined upon; the building, hiring or purchasing of a school-house or houses, or the enlarging of a site or sites previously established ; Sixth. To vote such tax as the meeting shall deem sufficient, to purchase or lease a site or sites, or to build, hire or pur- chase a school-house or houses; but the amount of taxes to be raised in any district for the purpose of purchasing or building a school-house or houses in the same year that any bonded in- debtedness is incurred, shall not exceed in districts containing less than ten children between the ages of five and twenty years, two hundred and fifty dollars; in districts having be- tween ten and thirty children of like age, it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age, it shall not exceed one thousand dollars. No legal subdivision of land shall be taxed for build- ing a school-house unless some portion thereof shall be within two and one-half miles of said school-house site; Seventh, To impose such tax as shall be necessary to keep their school-house or houses in repair, and to provide the necessary appendages and school apparatus, and in districts having district libraries, for the support of the same, and to pay and discharge any debts or liabilities of the district law- fully incurred, and also to pay for the services of any district officer. The tax herein authorized to be voted shall not exceed one-half of the amount which the district is authorized to raise for building school-houses; Eighth, To authorize and direct the sale of any school-house, site, building or other property belonging to the district, when the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party, or interested ; Impose tax for repairs. Direct sale of schoolhouses or site. Give direction in relation to suit. GENERAL SCHOOL LAWS. 15 Tenth, To appoint, as in their discretion it may be neces- Appoint sary, a building committee to perform such duties in supervis- committee. ing the work of building a school-house as they may by vote direct; Eleventh, At the first and the annual meeting only, to de- JJ^rjJ* 116 termine the length of time a school shall be taught in their school shaii district during the ensuing year, which shall not be less than be tau s nt - nine months in districts having eight hundred children over five and under twenty years of age, and not less than five months in all other districts, on pain of forfeiture of their share of the primary school interest fund; but in case such matters shall not be determined at the first or annual meet- ing, the district board shall determine the same; and in case the district fails to vote for at least the minimum length re- quired herein, the district board shall make provisions for said minimum length of school; Twelfth, To appropriate any surplus moneys arising from the one mill tax after having maintained a school in the dis- trict at least eight months in the school year, for the purpose tam P ur P ses - of purchasing and enlarging school sites, or for building or repairing school-houses or for purchasing books for library, globes, maps and other school apparatus, or for any incidental expenses of the school. Am. 1895, Act 15. Moiles v. Watson, 60 / 415. FOURTH : See Section 4728 as to designation of school sites. FIFTH : A school district, contracting for the building of a school-house within a stated time, is bound to furnish a suitable site therefor, within such reasonable time that the contractors shall not be delayed on their part. Todd v. Sch. Dist., 40 / 294. Sureties upon a bond for the performance of a contract are released by an assignment of the contract and the grant of an extension of time to the contractors. Id. SIXTH : A school district in its annual meeting may lawfully recognize and pay equitable claims even though they are not strictly legal demands against it. Stockdale v. School Dist., 47 / 226. The provision that no land shall be taxed for the building of school-houses, unless some portion thereof shall be within 2% miles of the school-house site, does not apply to a graded school district. Keweenaw Ass'n v. Sch. Dist., 98 / 437. SEVENTH : Publishing House v. Sch. Dist., 94 / 265. The word "append- age"' does not mean simply the apparatus to be used inside of the building, nor is it limited to brooms, pails, cups, etc., but must be construed to include fuel, fences and necessary out-houses. Creager v. Sch. Drst., 62 / 108. A director has authority, in the exercise of a sound discretion, to buy new seats for a school-house under a resolution "to fit up the school-house for the winter term." McLaren v. Akron Town Board, 48 / 190. Equitable claims. See note to subdivision Sixth. Certain charts, etc., held not to be necessary appendages, such as the director is required to furnish. Gibson v. Sch. Dist., 36 / 404; Publishing House v. Sch. Dist., 94 / 265. A school dis- trict has no power to levy a tax except for the purposes specified by stat- ute. Hinman v. Sch. Dist., 4 / 168. See Section 4686, subdivision 6. ELEVENTH : Tappan v. Sch. Dist., 44 / 500. The district board has power to contract with a qualified teacher for such term during the ensuing year as shall be determined by the qualified voters of the district at the annual school meeting. Cleveland v. Amy, 88 / 374 ; Moiles v. Watson, 60 / 417 TWELFTH: Gibson v. Sch. Dist., 36 / 404; Publishing Co. v. Sch. Dist., "94 J 2oo. DISTRICT BOARD AND OFFICERS. (44.) 4666. SECTION 1. At the first meeting in each school Election of district there shall be elected by ballot a moderator for the offices. term of three years, a director for two years, and a treasurer for one year; and on the expiration of their respective terms 16 GENERAL SCHOOL LAWS. Term of office, of office, and regularly thereafter at the annual meetings, their several successors shall be elected in like manner for a term of three years each. The time intervening between the first meeting in any school district and the first annual meeting thereafter shall be reckoned as one year. NOTE. Act 165, 1901, amending Act 164, 1881, changes the word assessor to treasurer; Eff. Sept. 1, 1902. OFFICERS : The officers of a primary school district consist of a modera- tor, director and assessor. These offices are created by statute and have attached to them certain limited powers and particular duties. They have, therefore, neither common law power, nor rights, but ai-e strictly confined to such as are conferred upon them by statute ; and as no compensation for their official services has been provided [as the law stood prior to 1859] or in any manner authorized by statute, none can be legally claimed or recov- ered. Hinman v. Sch. Dist., 4 / 168. The provisions relative to tne election of school district officers by ballot are mandatory ; but where they were unan- imously chosen by viva voce vote at a regular meeting, and qualified and acted and no one else claimed the offices, a writ of quo warranto was dis- missed. People v. Gartland, 75 / 143. Parol evidence is admissible to show who are the district officers. Crane v. Sch. Dist., 61 / 299. BALLOT : All ballots cast under statutory requirements are formal and final, if there is an election, and cannot be repeated. There can be no "in- formal" ballot. People v. Stone, 78 / 635 ; Sch. Dist. v. Root, 61 / 373. When district offices shall become vacant. Vacancies in offices, how filled. Term of office of appointed officer. Who are eligible to hold office. (45.) 4667. SEC. 2. A school district office shall become vacant upon the occurrence of any of the following events: First, The death of the incumbent; Second, His resignation; Third, His removal from office; Fourth, His removal from the district; Fifth, His conviction of any infamous crime; Sixth, His election or appointment being declared void by a competent tribunal; Seventh, His neglect to file his acceptance of office, or to give or renew any official bond according to law. (46.) 4668. SEC. 3. In case any one of the district offices becomes vacant, the two remaining officers shall immediately fill such vacancy; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies; in case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a district shall become vacant, the board of school inspectors of the township to which the annual reports of such district are made shall fill such va- cancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the next succeed- ing annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. Johnston v. Mitchell, 120 / 589. (47.) 4669. SEC. 4. Any qualified voter in a school dis- trict whose name appears upon the assessment roll, and is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school dis- trict, unless such person be an alien. Am. 1899, Act 184. GENERAL SCHOOL LAWS. 17 (48.) 4670. SEC. 5. Within ten days after their election Acceptance or appointment, the several officers of each school district bemed est< shall file with the director written acceptances of the offices to which they have been respectively elected or appointed, and such acceptances shall be entered in the records of the district by said director. (49.) 4671. SEC. 6. The moderator, director, and treas- District board, urer shall constitute the district board. Meetings of the Ings'ofmay board may be called by any member thereof by serving on the be called - other members a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board shall be valid unless voted at a meeting of the board. A majority of the members of the board at a meeting thereof Quorum 1 of shall be necessary for the transaction of business. board. Am. 1901, Act 165. A teacher cannot be hired by two members of the board without the con- currence of the third and without convening any meeting of the board. Hazen v. Lerche, 47 / 626. (50.) 4672. SEC. 7. The said district board shall purchase Board to a record book and such other books, blanks, and stationery as reeorcfbooks, may be necessary to keep a record of the proceedings of the etc - district meetings and of meetings of the board, the accounts of the assessor, and for doing the business of the district in an orderly manner. Before the enactment of this provision it was held that the board had authority to purchase, at the expense of the district, record books, blanks and paper necessary for the use of the district in keeping the records re- quired by law, without any vote of the district therefor. Sch. Dist. v. Snell, 24 / 353. (51.) 4673. SEC. 8. The district board shall purchase or Board to lease, in the corporate name of the district, such sites for srte^and e bu?i school-houses as shall have been lawfully designated, and shall hous!. chool ~ build, hire, or purchase such school-houses as may be neces- sary out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in any case Necessity of shall build a stone or brick school-house upon any site without having first obtained a title in fee to the same, or a lease for ninety-nine years; nor shall any district build a frame school- house on any site for which they have not a title in fee or a lease for fifty years, without securing the privilege of removing the said school-house when lawfully directed so to do by the qualified voters of the district at any annual or special meet- ing, when lawfully convened. TITLE IN FEE: A lease to a school district "during the time it is used for school purposes" is a lease in perpetuity at the will of the lessee. Since the lessee is a corporation and words of inheritance are not required, the lease, if a present consideration is paid, operates as a bargain and sale and conveys a base or determinable fee. This is sufficient to satisfy the provi- sions of the school law. Sch. Dist. v. Everett, 52 / 314. 3 18 GENERAL SCHOOL LAWS. Board to estimate tax for support of schools. Limit of tax in certain cases. When board may borrow money. Board to re- port district taxes to town- ship clerk. Board to apply moneys according to law. Sectarian schools barred from public moneys. (52.) 4674. SEC. 9. It shall be the duty of the district board to estimate the amount necessary to be raised, in addi- tion to other school funds, for the entire support of such schools, including teachers' wages, fuel, and other incidental expenses, and for deficiencies of the previous year for such purposes. But in districts having less than thirty scholars, such estimate, including the district's share of the primary school interest fund and one-mill tax, shall not exceed the sum of fifty dollars a month for the period during which school is held in such district; and when such amount has been esti- mated and voted by the district board, it shall be reported for assessment and collection, the same as other district taxes. When a tax has been estimated and voted by the district board under the provisions of this section, and is needed be- fore it can be collected, the district board may borrow to an amount not exceeding the amount of said tax. (53.) 4675. SEC. 10. The district board shall, between the first and third Mondays in September in each year, make out and deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the pre- ceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district. (54.) 4676. SEC. 11. The district board shall apply and pay over all school moneys belonging to the district, in ac- cordance with the provisions of law regulating the same, and no money raised by district tax shall be used for any other purpose than that for which it was raised, without a consent- ing vote of two-thirds of the tax-paying voters of the district; and no moneys received from the primary school interest fund, nor from the one-mill tax except as provided by law shall be appropriated to any other use than the payment of teachers' wages, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from proper legal authority before the commencement of his school. No school district shall apply any of the moneys received by it from the primary school interest fund, or from any and all other sources, for the support and maintenance of any school of a sectarian character, whether the same be under the con- trol of any religious society, or made sectarian by the school district board. Proof of qualification. Sch. Dist. v. Cook, 47 / 112. Board to make annual re- ports. Contents of. (55.) 4677. SEC. 12. Said board shall present to the dis- trict, at each annual meeting, a report in writing, containing an accurate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the disbursements made by them, with the items of such receipts and disbursements. Such report shall also contain a statement of all taxes assessed upon the taxable property of the district GENERAL SCHOOL LAWS. 19 during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, and said report shall be entered by the director in the records of the district. (56.) 4678. SEC. 13. The district board shall hire and Board to hire contract with such duly qualified teachers as may be required; te and all contracts shall be in writing and signed by a majority contracts, of the board in behalf of the district. Said contracts shall school register specify the wages agreed upon and shall require the teacher tc to keep a correct list of the pupils, grading and the age of each, attending the school, and the number of days each pupil Record of is present, the aggregate attendance, average daily attendance att and percentage of attendance, and to furnish the director with a correct copy of the same at the close of school. Said con- contract tract shall be filed with the director and a duplicate copy of t( the contract shall be furnished to the teacher. No contract Teacher mu&t with any person not holding a legal certificate of qualification ^elwcJSl. then authorizing such person to teach, or with any member of the district board, shall be valid, and all such contracts shall terminate, if the certificate shall expire by limitation and shall not immediately be renewed, or if it shall be suspended or revoked by proper legal authority. A school month within school month the meaning of the school laws shall consist of four weeks of d five days in each week, unless otherwise specified in the teach- er's contract. Am. 1901. Acts 62 and 146. HIRE AND CONTRACT : The district in its corporate capacity is a neces sary party to the contract. Wall v. Eastman, 1 / 270. A teacher can be law- fully employed only by convening the board. Hazen v. Lerche, 47 / 626. Con- tracts may be made before the beginning of the school year. Sch. Dist. v. Cook, 47 / 112 ; Tappan v. Sch. Dist., 44 / 500 ; Cleveland v. Amy, 88 / 376 ; Farrell v. Sch. Dist., 98 / 45. The power to employ teachers conferred upon district boards of primary schools by this section is co-extensive with that conferred upon the boards of trustees of graded schools by Section 4748. Id. 376. Where a contract was signed by the director and the teacher, the moder- ator wrote "approved" upon it and subscribed it as moderator, such approval and signature was treated as. in legal effect, a signing of the contract. Everett v. Sch. Dist., 30 / 249. When the contract is signed by a majority of the board only. Crane v. Sch. Dist., 61 / 299. Simultaneous signing is not necessary. Holloway v. Sch. Dist., 62 / 155 ; Everett v. Sch. Dist., 30 / 249. It is the business of school districts to keep up public schools, and it is the duty of the officers to provide teachers and to make contracts with them. It is their duty to know under what conditions a teacher, whom they know to be teaching, claims to act. Holloway v. Sch. Dist., 62 / 155. A teacher has a right to suppose his contract to be a valid one when it is signed by a sufficient number of officers and he is, with the personal knowledge of the whole board, permitted and encouraged to go on. Id. 156. A contract valid on its face, actually carried out in full with the acquiescence of all concerned, cannot be subsequently repudiated. Id. The provision that the contract shall require the teacher to keep a list of the pupils, etc., is merely directory Its omission will not invalidate the contract. Everett v. Sch. Dist., 30 / 249. A district school board cannot discharge a teacher for incompetency, in the absence of a provision to that effect in the contract. Carver v. Sch. Dist.. 113 / 524. Where a contract has been terminated by the board, mandamus will not lie to review the board's action and compel payment of salary claimed under the contract. Coffin v. Detroit Bd. of Ed., 114 / 342 : Langston v. Sch. Dist. No. 3 of Springwells, 121 / 654. A resolution to hire does not constitute a contract. All contracts must be in writing. Langston v. Sch. Dist. No. 3 of Springwells. 121 / 654. QUALIFIED TEACHER: A teacher suing for his wages need not make profert of his certificate, but the granting of it may be proved by parol. Sch. Dist. v. Cook, 47 / 112. Normal school certificate not filed or recorded in the proper office (see How. 4969) until after contract made. Smith v. Sch. Dist., 69 / 591. Since the statute makes invalid a contract, where the teacher holds no legal certificate, such contract cannot be made the basis of a recov- ery of salary. Bryan v. Sch. Dist., Ill / 67. 20 GENERAL SCHOOL LAWS. HOLIDAYS AND INTERRUPTIONS : Teaching contracts for stated periods, are subject to the observance of recognized holidays and there can be no deductions for such occasions from a teacher's wages. Sch. Dist. v. Gage, 39 / 484 ; Holloway v. Sch. Dist., 62 / 156. Suspension of school during the prevalence of smallpox is no defense to the payment of the teacher's wages for the time the school is closed. Dewey v. Sch. Dist., 43 / 480. Pay- ment of wages after the burning of the school-house. Smith v. Sch. Dist., 69 / 589. WAGES NOT GARNISH ABLE : A teacher's wages cannot be reached by garnishment. Sch. Dist. v. Gage, 43 / 484. of a schoo d i use house 00 Board may SSeSngsat 11 certain times. 4679. SEC. 14. The district board shall provide a water supply for pupils, have the care and custody of the school-house and other property of the district, except so far as the same shall by vote of the district be especially confided to the custody of the director, including all books purchased for the use of indigent pupils, and shall open the school-house for public meetings unless by a vote at a district meeting it shall be determined otherwise: Provided, That said board may exclude such public meetings during the five school days o f eac h W eek of any and all school terms, or such parts thereof as in their discretion they may deem for the best interest of the schools. Am. 1901, Act 146. The board has the care and custody of all the property and moneys of the district, except what may be especially confided to the director. Maynard v. Woodward, 36 / 424 ; Eckhardt v. Darby, 118 / 199. Board to specify studies, etc. Kind of text-books to be used. Text-books, by whom approved, etc Board to require teacher to certify, etc. (58.) 4680. SEC. 15. The district board shall specify the studies to be pursued in the schools of the district [districts], and in addition to the branches in which instruction is now re- quired by law to be given in the public schools of the state, in- struction shall be given in physiology and hygiene, with a special reference to the nature of alcohol and narcotics, and their effects upon the human system. Such instruction shall be given by the aid of text-books in the case of pupils who are able to read, and as thoroughly as in other studies p'ursued in the same school. The text-books to be used for such in- struction shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this subject. Text-books used in giving the foregoing in- structions shall first be approved by the state board of educa- tion. Each school board making a selection of text-books under the provisions of this act shall make a record thereof in their proceedings, and text-books once adopted under the pro- visions of this act shall not be changed within five years, ex- cept by the consent of a majority of the qualified voters of the district present at an annual meeting, or at a special meet- ing called for that purpose. The district board shall require each teacher in the public schools of such district, before placing the school register in the hands of the directors [director], as provided in section thirteen of this act, to certify therein whether or not instruction has been given in the school GENERAL SCHOOL LAWS. 21 or grade presided over by such teacher, as required by this act, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing to comply with any Punishment of the provisions of this act shall be subject to fine or for- etc neglect ' feiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the state, including schools in cities or villages, whether incorporated under special charter or under the general laws. Am. 1883. Act 93; 1887, Act 165. Western Pub. House v. Sch. Dist., 94 / 265. This section applies to city schools organized under a special charter which does not provide for an annual school meeting. Jones v. Board of Ed. of Detroit, 88 / 373. The power to adopt text-books is conferred by law and cannot be affected by any rule of the board of education fixing a time for the reconsideration of motions and resolutions. Id. 347. As to suspensions of by-law regulating adoption of text- book, see Kendall v. Board of Education, 106 / 681. (59.) 4681. SEC. 16. The district board may purchase at Purchase of the expense of the district, such text-books as may be neces- cMidren^ p r sary for the use of children when parents are not able to fur- nish the same, and they shall include the amount of such pur- chase in the report to the township clerk or clerks, to be levied in like manner as other district taxes. (60.) 4682. SEC. 17. The district board shall have the Board to general care of the school, and shall make and enforce suitable JSJs for rules and regulations for its government and management, and school, for the preservation of the property of the district. Said May suspend board may authorize or order the suspension or expulsion from disorderly the school, whenever in its judgment the interests of the P U P IIS - school demand it, of any pupil guilty of gross misdemeanor or persistent disobedience. Any person who shall disturb any penalty for school by rude and indecent behavior, or by profane or in- decent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. EXPULSION : It is 1 not necessary that a pupil be guilty of a criminal act before he can be suspended or expelled from school. He must be guilty of some wilful or malicious act of detriment to the school and the misconduct must be gross something more than a petty or trivial offense against the rules or he must be persistent in his disobedience of the proper and reason- able rules and regulations of the school. A boy cannot be expelled or sus- pended for a careless act, no matter how negligent, if it is not wilful or malicious. Holman v. Sch. Dist., 77 / 609. MISDEMEANOR : The meaning of the word "misdemeanor" in this section is gross misconduct or gross misbehavior, not necessarily a criminal act. Holman v. Sch. Dist., 77 / 606-7. George R. Mathews v. Board of Education of School District No. 1 of the City and Township of Kalamazoo. The ruling of the school board of 1894 required all children to be vaccinated before attending the public school. George Mathews, having three children of school age who had not been vaccinated, brought mandamus proceedings in the circuit court to compel the school board to admit the children to the public school. Case decided in the supreme court July 10, 1901. Decision : That school board under paragraph 4682 of the Compiled Laws had no authority to compel children to be vaccinated before entering public schools. It is the opinion of the court, however, that in case there had been an epidemic of small- pox in the city at that time the board would have the authority to temporarily close the school, or say who shall be excluded from the school until the epi- demic is passed. 22 GENERAL SCHOOL LAWS. Who can attend school (61.) 4683. SEC. 18. All persons residents of any school district, and five } r ears of age, shall have an equal right to at- tend any school therein; and no separate school or department shall be kept for any persons on account of race or color: Pro- vided, That this shall not be construed to prevent the grading not prevented. o f schools according to the intellectual progress of the pupil, to be taught in separate places as may be deemed expedient. No separate school on account of race, etc. Grading It is the requirement of the general law that the right to attend the schools shall be possessed equally and impartially by all classes of residents. People v. Detroit Bd. of Ed., 18 / 413. And mandamus will lie at the instance of a father to compel the admission of his child to school. Id. District boards may admit non-resident pupils and make rates of tuition. Children who are a county charge to be admitted the same as non- resident pupils. (62.) 4684. SEC. 19. The district board may admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same, which tuition shall not be greater than fifteen per cent more than the average cost per capita for the number of pupils of school age in the district. Children who are being cared for at county expense shall be admitted to the school in the district whose school-house is nearest the county house, on the same terms that other non-resident pupils are admitted. When non-resident pupils, their parents or guardians, pay a school tax in said district, such pupils shall be admitted to the schools of the district, and the amount of such school tax shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference therein. Am. 1891, Act 21 ; 1895, Act 131. TUITION : Before any action can be maintained for the tuition of non-resi- dent pupils, the district board must first fix and determine the rate of tuition of such pupils, by resolution of the board properly recorded by the director in the records of the district. Thompson v. Sch. Dist., 25 / 483. MODERATOR. Moderator. To preside. To counter- sign warrants and orders. To bring suit on assessor's bond. Other duties. (63.) 4685. SEC. 20. It shall be the duty of the moderator of each school district: First, To preside, when present, at all meetings of the dis- trict and of the board; Second, To countersign all orders legally drawn by the di- rector upon the assessor for moneys to be disbursed by the dis- trict, and all warrants of the director upon the township treas- urer for moneys raised for district purposes, or apportioned to the district by the township clerk; Third, To cause an action to be prosecuted in the name of the district on the assessor's bond, in case of any breach of any condition thereof; Fourth, To perform such other duties as are or shall be by law required of the moderator. SECOND : Countersigning orders. Wall v. Eastman, 1 / 268 ; Sch. Dist. v. Mallary, 22 / 111. The moderator has the right to satisfy himself that the claim for which the order was drawn is a valid one. Stockwell v. White Lake Twp. Bd., 22 / 341 ; People v. Bender, 36 / 195. But it must be a very GENERAL SCHOOL LAWS. 23 plain case of wrong, where the moderator can refuse to enable the district to obtain its own funds. People v. Bender, 30 / 197. The director is a proper relator for mandamus to compel the moderator to countersign. Id. DIRECTOR. (64.) 4686. SEC. 21. It shall be the duty of the director of each school district: First, To act as clerk, when present, at all meetings of the Director to district and of the board; Second, To record the proceedings of all district meetings, TO keep and and the minutes of all meetings, orders, resolutions, and other proceedings of the board, in proper record books; Third, To give the prescribed notice of the annual district meeting, and of all such special meetings as he shall be re- quired to give notice of in accordance with the provisions of law; Fourth, To draw and sign warrants upon the township TO draw and treasurer for all moneys raised for district purposes, or appor- amToTders?* 8 tioned to the district by the township clerk, payable to the treasurer of the district, and orders upon the treasurer for all moneys to be disbursed by the district and present them to the moderator, to be countersigned by that officer. Each order shall specify the object for which, and the fund from which, it is drawn; Fifth, To draw and sign all contracts with teachers, when TO draw and directed by the district board, and present them to the other 8ign c members of the board for further signature; Sixth, To provide the necessary appendages for the school- TO provide house and keep the same in good condition and repair during the time school shall be taught therein. Necessary append- ages within the meaning of law shall consist of the follow- ing articles, to wit: A set of wall maps (the grand divisions, the United States and Michigan) not .exceeding twelve dollars in price; a globe not exceeding eight dollars, a dictionary not exceeding ten dollars; a reading chart not exceeding five dol- lars, and a case for library books not exceeding ten dollars; also looking-glass, comb, towel, water pail, cup, ash pail, poker, stove shovel, broom, dustpan, duster, wash basin and soap; Seventh, To keep an accurate account of all expenses in- TO keep curred by him as director, and such account shall be audited a( by the moderator and treasurer, and on their written order shall be paid out of any money provided for the purpose; Eighth, To present at each annual meeting an estimate of TO present the expenses necessary to be incurred during the ensuing year by the director as provided by law, and for the payment of the services of any district officer; Ninth, To preserve and file copies of all reports made to the TO preserve school inspectors, and safely preserve and keep all books, pa- pers and other documents belonging to the office of director, ments - 24 GENERAL SCHOOL LAWS. or to the district when not otherwise provided for, and to de- liver the same to his successor in office; other dirties. Tenth, To perform such other duties as are or shall be re- quired of the director by law or the district board. Am. 1895, Act 258 ; 1901, Act 165. SECOND : Proceedings which are required to be recorded cannot be proved by parol. Thompson v. Sch. Dist., 25 / 488. FOURTH : The warrant for payment by the treasurer to the assessor of moneys belonging to the district. is an official order for the transfer of funds, not negotiable and not legally payable to any person but the officer named. Fox v. Shipman, 19 / 218 ; Burns v. Bender, 36 / 195. See Sch. Dist. v. Mallary, 23 / 111 ; Sch. Dist. v. Sch. Dist., 40 / 551. The duty of procuring this transfer of district moneys, within some reasonable time is not discretionary, but absolute, upon the director, and the moderator is bound to countersign all orders of the director for that purpose. Burns v. Bender, 36 / 197. The town- ship treasurer must pay so much of the money in his hands as is covered by the director's warrant in proper form, even though it does not specify a precise sum, but is for all such money in his hands as was raised for the purposes of the district. Bryant v. Moore, 50 / 225. The disbursement of all school moneys must be made upon orders drawn on the assessor by the director, countersigned by the moderator. Burns v. Bender, 36 / 195 ; Midland Sch. Dist. v. Sch. Dist., 40 / 551 : Sch. Dist. v. Mallary, 23 / 111. SIXTH : See section 4665, subd. 7. See, also, Sch. Dist. v. Snell, 24 / 350 ; Cent. Sch. Supply House v. Sch. Dist., 99 / 402. Removal of director from office for persistent refusal and neglect to put the furniture, etc., of the school-house in order and repair. Twp. Board of Hamtramck v. Holihan, 46 / 127. SEVENTH : Assumpsit will lie in favor of the director of a school district on a disputed claim, the moderator and assessor having declined to pass upon the same as an entirety under this subdivision. Van Wert v. Sch. Dist., 100 / 332. EIGHTH : Prior to 1859, no provisions of law existed for paying any of the officers for services rendered. Hinman v. Sch. Dist., 4 / 168. When census of school children to be taken. (65.) 4687. SEC. 22. It shall be the duty of the director or such other person as the district board may appoint, within ten days next previous to the first Monday in September in each year to take the census of the district and make a list hi writing of the names, ages and residences of all the children between the ages of five and twenty years residing therein, and also the names and residences, giving street and number in cities and villages, of all the parents or guardians of such children and a copy of said list shall be verified by the oatli or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that it is a correct list of the names and residences of all children be- tween the ages aforesaid, residing in the district, which affi- davit may be made before the clerk of the township ; and said list shall be returned with the annual report of the director to the township clerk. Children in almshouses, prisons, or asylums, not otherwise resident of the district and not attend- census. j n g sc h oo i shall not be included in said census; nor shall In- dian children be included, unless they attend the school or their parents are liable to pay taxes therein. Am. 1897, Act 66. penalty for (66.) 4688. SEC. 22a. Any person intentionally giving to ml ormSion as any census enumerator of school children any false informa- to children. ^ on ag ^ Q ^e names or a g es o f sc hool children, or as to the names or residence of the parents or guardian of any school children, or any enumerator who shall perform his duties Persons tak- ing census to make affidavit as to correctness of list. What children not to be included in GENERAL SCHOOL LAWS. carelessly or negligently, shall be guilty of a misdemeanor, and upon conviction thereof, be liable to a fine of not more than five dollars or to imprisonment in the county jail for not more than five days, in the discretion of the court. Added 1897, Act 66. (07.) 4089. SEC. 23. The director shall also, at the end of TO make n . . , -i n - -i r- annual reports the school year, and previous to the second Monday in Sep- to inspectors, tember in each year, deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the township, showing: First, The whole number of children belonging to the dis- contents of. trict between the ages of five and twenty years, according to the census taken as aforesaid; Second, The number attending school during the year under five, and also the number over twenty years of age; Third, The number of non-resident pupils of the district that have attended school during the year; Fourth, The whole number that have attended school dur- ing the year; Fifth, The length of time the school has been taught dur- ing the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each; Sixth, The average length of time scholars, between five and twenty years of age, have attended school during the year; Seventh, The amount of money received from the township treasurer apportioned to the district by the township clerk; Eighth, The amount of money raised by the district, and the purposes for which it was raised; Mnth, The kind of books used in the school; Tenth, Such other facts and statistics in regard to the schools and the subject of education as the superintendent of public instruction shall direct. (08.) 4090. SEC. 24. The director of each fractional dis- where trict shall make his annual report to the clerk of the town- fractional ship in which the school-house is situated, and shall also re- port to the clerk of each township in which the district is in part situated, the number of children between the ages of five and twenty years in that part of the district lying in such township. TREASURER.* (09.) 4091. SEC. 25. It shall be the duty of the treasurer Treasurer, of each school district: First, To execute to the district and file with the director. To give bond, within ten days after his election or appointment, a bond in double the amount of money to come into his hands as such treasurer during his term of office, as near as the same can be *Note. The evident intent of Act No. 105, P. A. 1901, was to change the word "assessor" to "treasurer" wherever it appeared in Act No. 164, P. A. 1881. Inasmuch as the above act only amended certain sections, the word "assessor"' remains in sections not affected. Comp. 26 GENERAL SCHOOL LAWS. Bond to be approved. Bond filed with director. When suit to be brought thereon. To pay proper orders. To keep record of receipts and disburse- ments. To make annual report to district board. To appear for district in Other duties. ascertained, with two sufficient sureties who shall be resi- dents of the same county, unless the assessor [treasurer] shall furnish a bond of some surety company authorized to do busi- ness in this state, to be approved by the moderator and di- rector, conditioned for the faithful application of all moneys that shall come into his hands by virtue of his office, and to perform all the duties of his said office as required by the provisions of this act. Said bond shall be filed with the di- rector, and in case of any breach of the condition thereof, the moderator shall cause a suit to be commenced thereon in the name of the district, and any moneys collected thereon shall be paid into the township treasury, subject to the order of the district officers, and shall be applied to the same purposes as the moneys lost should have been applied by the assessor [treasurer] ; Second, To pay all orders of the director, when lawfully drawn and countersigned by the moderator, out of any moneys in his hands belonging to the fund upon which such orders may be drawn; Third, To keep a book in which all the moneys received and disbursed shall be entered, the sources from which the same have been received, and the persons to whom and the objects for which the same have been paid; Fourth, To present to the district board at the close of the school year a report in writing, containing a statement of all moneys received during the preceding year, and of each item of disbursements made, and exhibit the voucher therefor; Fifth, To appear for and on behalf of the district in all suits brought by or against the same, when no other directions shall be given by the qualified voters in district meeting, except in suits in which he is interested adversely to the district, and in all such cases the moderator shall appear for such district, if no other direction be given as aforesaid; Sixth, At the close of his term of office to settle with the district board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belonging to the of- fice of treasurer, together with all district moneys remaining on hand; Seventh, To perform such other duties as are or shall be by law required of the treasurer. Am. 1901, Act 62, 165. FIRST : An assessor cannot lawfully withhold the district funds in his hand when demanded by his successor, upon a claim that he is entitled to be personally notified of such election and acceptance of office. He is charge- able with notice of such facts and is liable to an action for money had and received, as well as action on his bond. Mason v. Sch. Dist., 34 / 228. See Welch v. Frost, 1 / 30 ; also Bryant v. Moore. 50 / 225. SECOND : See Section 4685, subd. 2, and Section 4686, subd. 4, and notes. The assessor is the disbursing officer of the district. Sch. Dist. v. Mallary. 23 / 111. He is the lawful treasurer and depositary of school district funds and all moneys must pass through his hands and be paid out by him on proper orders. Sch. Dist. v. Sch. Dist., 40 / 551. Moneys In the hands of the township treasurer belonging to a school district cannot be applied to any district purpose, except through the hands of the assessor. Burns v. Bender, 36 / 198. An assessor cannot pay out any money lawfully without a warrant. Id. Interest is not payable on school district orders if no authority GENERAL SCHOOL LAWS. has been given to impose it. Turnbull v. Sen. Dist., 45 / 496. But interest may be allowed from demand when mandamus is granted for payment, when its claim is such a settled demand as would sustain a recovery of interest at i aw . Martin v. Tripp, 51 / 184. Mandamus lies to compel a district to pay or provide for the payment of its orders. Turnbull v. Sch. Dist., 45 / 496. And to compel an assessor to pay a school order, where the court is satis- fied that there is no valid defense. Martin v. Tripp, 51 / 184. A showing of a want of funds is a complete answer to an application for mandamus to re- quire an assessor to pay a warrant drawn on him. Allen v. Frink, 32 / 96. FIFTH : The management and control of suits is specially confided to the assessor, when no other direction is given in district meeting ; the moderator and director, though constituting a majority of the district board, have no authority to take the defense of a suit from the assessor. And the voters, as such, cannot interfere. Sch. Dist. v. Wing, 30 / 351. See Benalleck v. People, 31 / 204. An appeal taken in the name of the district without the authority of the assessor, if he is competent to act, is void. Id. Whether he is a proper relator for mandamus to compel the moderator to sign the director's warrants, see Burns v. Bender, 36 / 197. TOWNSHIP OFFICERS TOWNSHIP BOARD OF SCHOOL INSPECTORS. (70.) 4692. SECTION 1. The school inspectors of each Township township, together with the township clerk, shall constitute S^ectST 1 the township board of school inspectors. Said board shall Meeting and meet at the office of the township clerk within twenty days of gar after the first Monday of April in each year, and elect one of their number other than the township clerk chairman of said board, and the township clerk shall be the clerk thereof. Am. 1883, Act 9 ; 1885, Act 96. (71.) 4693. SEC. 2. The chairman of said board shall chairman of be'the treasurer thereof, and shall give bond to the township SuJen 6 in double the amount of moneys to come into his hands during TO give bond, his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by the township clerk, conditioned for the faithful appropriation of all moneys that may come into his hands by Virtue of his office. Said bond Bond to be shall be filed with the tow r nship clerk, and in case of the non- fil fulfillment thereof, said clerk shall cause a suit to be com- when BU to menced thereon, and the moneys collected in such suit shall thereonf be paid into the township treasury, and shall be applied to the same purposes as the moneys lost should have been ap- plied by said treasurer of the board of school inspectors. The treasurer of the board of school inspectors, and not the township treasurer, is the proper custodian of the township library money ; and the latter officer, on proper demand, is bound to pay it over to the former and is not entitled to hold it until drawn by the inspectors as needed for specific appropriations. Mandamus will lie to enforce the performance of this duty. McPharlin v. Mahoney, 30 / 100. See Burns v. Bender, 36 / 195. (72.) 4694. SEC. 3. On the third Monday in September inspectors in each year the inspectors shall make triplicate reports, set- tripifcate ting forth the whole number of districts in their townships, re P rts - the amount of money raised and received for township and district libraries, and such other items as shall from year to year be required by the superintendent of public instruction, together with the several particulars set forth in the reports Township of the school directors for the preceding year; and the town- rS ship clerk shall, within ten days thereafter, forward two thereto. 28 GENERAL SCHOOL LAWS. copies of the same to the secretary of the county board of school examiners, and file the other copy in his office. (73.) 4695. SEC. 4. It shall be the duty of the school inspectors, before making their annual report, as required by the preceding section, to examine the list of legally qualified teachers on file in the office of the township clerk, and if in any school district a school shall not have been taught for the time required by law during the preceding school year by a legally qualified teacher, no part of the public money shall be dis- tributed to such district, although the report from such dis- trict shall set forth that a school has been so taught; and it shall be the duty of the board to certify to the facts in rela- tion to any such district in their annual report. (74.) 4696. SEC. 5. It shall be the duty of the board of inspectors to render to the 'township board, on the Tuesday next preceding the annual township meeting, a full and true account of all moneys received and disbursed by them as such inspectors during the year, which account shall be settled by said township board, and such disbursements allowed, if the proper vouchers are presented. (75.) 4697. SEC. 6. The whole number of meetings of the township board of school inspectors at the expense of the township, during any one school year, shall not exceed eight; but this shall not be construed to prevent said board holding further meetings in case of necessity, provided no expense to the township be incurred. Inspectors to examine list of qualified teachers. To report districts not employing such. Inspectors to render account to township board. Number of meetings of inspectors. Notice of meeting, see Section 4653. Comp. Section 31. TOWNSHIP CLERK. Township clerk to be clerk of board of inspectors. Duties as such. To notify county clerk of chairman of board of inspectors. To make map of districts. (76.) 4698. SEC. 7. The township clerk shall be the clerk of the board of school inspectors by virtue of his office, and shall attend all meetings of said board, and, under their direction, prepare all their reports and record the same, and shall record all their proceedings. He shall also receive and keep all reports to inspectors from the directors of the several school districts in his township, and all the books and papers belonging to the inspectors, and file such papers in his office; and he shall receive all such communications, blanks, and documents as may be transmitted to him by the superin- tendent of public instruction, and dispose of the same in the manner directed by said superintendent. (77.) 4699. SEC. 8. It shall be the duty of the township clerk annually, immediately after the organization of the board of school inspectors of his township, to transmit to the county clerk a certified statement of the name and post-office address of the chairman of said board, and in case there shall be a change in such chairman, during the year, he shall im- mediately notify the county clerk of such change. (78.) 4700. SEC. 9. Each township clerk shall cause a map to be made of this township, showing by distinct lines GENERAL SCHOOL LAWS. 29 thereon the boundaries of each school district, and parts of school districts therein, and shall regularly number the same thereon as established by the inspectors. One copy of such where map to map shall be filed by the said clerk in his office, and one other be filed - copy he shall file with the supervisor of the township; and within one month after any division or alteration of a district, when new J . , . . , map to be or the organization ot a new one in his township, the said made, clerk shall file a new map and copy thereof as aforesaid, show- ing the same. That certain lands are within a particular school district may be shown by parol, without producing maps, plats or documents. Brooks v. Fairchild, 36 / 234. .(79.) 4701. SEC. 10. It shall be the duty of the town- TO report to ship clerk of each township, on or before the first day of Octo- IchooTta^es! 1 ber of each year, to make and deliver to the supervisor of his township a certified copy of all statements on file in his office of moneys proposed to be raised by taxation in each of the several school districts of the township for school purposes. He shall also certify to the supervisor the amount to be as- sessed upon the taxable property of any school district retain- ing the district school-house or other property, on the division of the district, as the same shall have been determined by the inspectors, and he shall also certify the same to the director of such district, and to the director of the district entitled thereto. (80.) 4702. SEC. 11. On receiving notice from the TO apportion /. , , / i i school inonevs county treasurer of the amount of school moneys appor- received from tioned to his township the township clerk shall apportion the same amount to the several districts therein entitled to the same in proportion to the number of children in each between the ages of five and twenty years, as the same shall be shown by the annual report of the director of each district for the school year closing prior to the May apportionment. Am. 1887, Act 92. Apportionment by superintendent of public instruction. Moiles v. Watson, 60 / 415. (81.) 4703. SEC. 12. Said clerk shall also apportion to the school districts in his township, as required by law, on re- ceiving notice of the amount from the township treasurer, all moneys raised by township tax, or received from other sources, for the support of schools; and in all cases make out and de- liver to the township treasurer a written statement of the treasurer, number of children in each district drawing money, and the amount apportioned to each district, and record the apportion- ment in his office; and whenever an apportionment of the pri- TO notify T n . . . -, , , directors of mary school interest fund, or moneys raised by tax, or re- amount ceived from other sources, is made, he shall give 'notice of the amount to be received bv each district to the director thereof. 30 GENERAL SCHOOL LAWS. TOWNSHIP SUPERVISOR AND TREASURER. taxes. Assessment (82.) 4704. SEC. 13. It shall be the duty of the super- 5? district* 011 visor of the township to assess the taxes voted by every school district in his township, and also all other taxes provided for in this act, chargeable against such district or township, upon the taxable property of the district or township respectively, and to place the same on the township assessment roll in the column for school taxes, and the same shall be collected and returned by the township treasurer in the same manner and for the same compensation as township taxes. If any taxes provided for by law for school purposes shall fail to be as- sessed at the proper time, the same shall be assessed in the succeeding year. Taxes not assessed at proper time. Assessment of one-mm tax. towncerk. In township where no districts are formed. FAILURE TO ASSESS : The provision in the last clause of this section applies to a case where school taxes are not certified by the board to the township clerk in time for certification to the supervisor for assessment. Wilcox v. Eagle Twp., 81 / 271. See Union Sch. Dist. v. Parris, 97 / 596. (83.) 4705. SEC. 14. The supervisor shall also assess upon the taxable property of his township one mill upon each dollar of the valuation thereof in each year, and report the aggregate valuation of each district to the towiiship clerk, who shall report said amount to the director of each school district in his township, or to the director of any fractional school district, a portion of which may be located in said township, before the first day of September of each year; and all moneys so raised shall be apportioned by the township clerk to the district in which it was raised, and all money col- lected by virtue of this act during the year on any property not included in any organized district, or in districts not hav- ing, during the previous school year, three months' school in districts having less than thirty children, or five months' school in districts having thirty, and less than eight hundred children, or nine months' school in districts having eight hundred or more children, as shown by the last school census, shall be apportioned to the several other school districts of said township in the same manner as the primary school in- terest fund is now apportioned. All moneys accruing from the one-mill tax in any township before any district shall have a legal school therein shall belong to the district in which it was raised when they shall severally have had a three months' school by a qualified teacher. Am. 1887, Act 84. See Saginaw Twp. v. Saginaw, 9 / 541 ; Twp. of Deerfield v. Harper, 115 / 678. (84.) 4706. SEC. 15. The amount to be assessed upon certaYntaxes the taxable property of any school district retaining the L school-house or other property, on the division of a district, as the same shall have been determined by the inspectors, shall be assessed by the supervisor in the same manner as if GENERAL SCHOOL LAWS. the same had been authorized by a vote of such district; and the money so assessed shall be placed to the credit of the tax- able property taken from the former district, and shall be in reduction of any tax imposed in the new district on said tax- able property for school district purposes : Provided, That if Proviso, the district retaining the school-house shall vote to pay, and shall pay, before said taxes are assessed, any portion of said amount to the new district, said amount, as shall be certified by the moderator and director of the new district to the super- visor, shall be deducted from the amount to be assessed as pro- vided in this section. When collected, such amount shall be paid over to the treasurer of the new district, to be applied to applied, the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a school-house or other district purposes. Am. 1901, Act 165. NEW DISTRICT : The money when collected, must be paid to the asses- sor of the new district ; and if wrongfully paid to the old one, the new dis- trict may maintain an action for money had and received, against the old district. Sch. Dist. v. Sch. Dist., 40 / 551. (85.) 4707. SEC. 16. The full amount of all taxes to be levied upon the taxable property in a fractional school district shall be certified by the district board to the township clerk of each township in which such district is in part situated, and by such township clerks to the supervisors of their respective townships, and it shall be the duty of each of said supervisors to certify to each other supervisor interested, the amount of taxable property in that part of the district lying in his town- ship: Provided, That when there exists a manifest difference Proviso, in the valuation of property assessed in fractional districts, composed of territory in adjoining tow r nships or counties, such valuation shall be equalized for this specific purpose by the supervisors of the townships interested at a joint meeting held for that purpose, on application of either of the supervisors of said townships. And such supervisors .shall respectively ascertain the proportion of such taxes, including mill tax, to be placed on their respective assessment rolls, according to the amount of taxable property in each part of such district And in cases of if said supervisors cannot agree as to the proportion of such taxes to be placed on their respective assessment rolls, a super- visor from an adjoining township shall be called to meet with said supervisors in said fractional district and assist in equal- izing said valuation. Said supervisor to be paid at the rate of three dollars per diem for the time necessarily employed in attendance at such meeting of the supervisors, and all neces- sary traveling expenses, by the townships in interest. Am. 1887, Act 38 ; 1889, Act 162. (86.) 4708. SEC. 17. The supervisor, on delivery of the statement to w-arrant for the collection of taxes to the township treasurer, treasurer. GENERAL SCHOOL LAWS. Statement to township treasurer of one-mill tax levied in fractional district. shall also deliver to said treasurer a written statement of the amount of school and library taxes, the amount raised for dis- trict purposes on the taxable property of each district in the township, the amount belonging to any new district on the division of the former district, and the names of all persons having judgments assessed under the provisions of this act upon the taxable property of any district, with the amount payable to such person on account thereof. (87.) 4709. SEC. 18. The supervisor of each township, on the delivery of the warrant for the collection of taxes to the township treasurer, shall also deliver to said treasurer a writ- ten statement, certified by him, of the amount of the one-mill tax levied upon any property lying within the bounds of a frac- tional school district, a part of which is situate within his township, and the returns of which are made to the clerk of some other township; and the said township treasurer shall pay to the township treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional school district. (88.) 4710. SEC. 19. Whenever any portion of a school district shall be set off and annexed to any other district, or organized into a new one, after a tax for district purposes other than the payment of any debts of the district shall have been levied upon the taxable property thereof, but not col- lected, such tax shall be collected in the same manner as if no part of such district had been set off, and the said former dis- trict, 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 property in each part thereof bears to the whole amount of taxable property on which such tax is levied. Collection and appor- tionment of taxes on division of district. See Section 4658 and notes. Comp. Section 136. School taxes when paid. (89.) 4711. SEC. 20. The township treasurer shall re- tain in his hands, out of the moneys collected by him, after deducting the amount 1 of tax for township expenses, the full amount of the school taxes on the assessment roll, and hold the same subject to the warrant of the proper district officers, to the order of the school inspectors, or of the persons entitled thereto, and give a written notice to the township clerk of the amount. SCHOOL TAXES : The township treasurer has no right to receive for school moneys anything which the law has not authorized to be received. If he does so and receipts for the taxes, he must make good the amount. Jones v. Wright, 34 / 372 ; Sch. Dist. v. Sch. Dist., 40 / 554. See Elliott v. Miller, 8 / 132, and notes to Section 2353. The liability of a township treasurer for school moneys is distinct from his ordinary liability for township moneys, and it cannot be released or in any way affected by the action of the town- ship board. Jones v. Wright, 34 / 372. As to the custody, etc.. of school district moneys, see notes to Section 4686, subd. 4 ; Section 4691, subd. 1, 2 ; and Section 4694. EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC INSTRUC- TION. Section 20 is practically superseded by Section 52 of Act No. 206. Public Acts of 1893, which reads as follows : "In case the township treasurer shall not GENERAL SCHOOL LAWS. 33 collect the full amount of taxes required by his warrant to be paid into the township treasury, suc-h portion thereof as he shall collect shall be retained l)\ him to be paid out for the following purposes : The amount of school taxes collected to be paid on the order of the school district officers, the amount collected for general township purposes to be paid on the order of the town- ship board, the amount collected for highway purposes to be paid on the -order of the commissioner of highways countersigned by the township clerk or supervisor, and the amount collected for any special fund to be paid on the order of the proper officer ; but in no case shall the amounts collected for any one fund be paid on the orders drawn on any other fund." (90.) 4712. SEC. 21. The township treasurer shall, from Township time to time, apply to the county treasurer for all school and ap 6 piy U to rt library moneys belonging to his township, or the districts treasurer thereof; and on receipt of the moneys to be apportioned to the for moneys, districts, he shall notify the township clerk of the amount to TO notify be apportioned. (91.) 4713. SEC. 22. Each treasurer of a township, to the Moneys due clerk of which the returns of any fractional school district shall be made, shall apply to the treasurer of any other town- ship in which any part of such fractional school district may be situated, for any money to which such district may be en- titled; and when so received it shall be certified to the town- ship clerk, and apportioned in the same manner as other taxes for school purposes. COUNTY CLERK AND TREASURER. (92.) 4714. SECTION 1. It shall be the duty of each county clerk county clerk to receive all such communications, blanks, and documents as may be directed to him by the superintendent t of public instruction, and dispose of the same in the manner directed by said superintendent. (!K>.) 4715. SEC. 2. The clerk of each county shall, on county clerk receiving from the secretary of the county board of school ex- aniiners the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice from Notice of the superintendent of public instruction of the amount of moneys 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 treasurer. Am. 1887, Act 2GG. (94.) 471G. SEC. 3. The several county treasurers shall county treas- apply for and receive such moneys as shall have been appor- fo?moneys ly tioned to their respective counties, when the same shall be- appropriated, come due; and each of said treasurers shall immediately give TO notify notice to the treasurer and clerk of each township in his Skfo'F county, of the amount of school moneys apportioned to his amounts, township, and shall hold the same subject to the order of the township treasurer. 5 34 GENERAL SCHOOL LAWS. BONDED INDEBTEDNESS OF DISTRICTS. Two-thirds Yote required to borrow money. Indebtedness incurred by district re- stricted to a certain amount. Indebtedness shall not ex- tend beyond ten years. Who to consti- tute board of inspection. Poll list and ballot-box to be used. Vote to be by ballot. Canvass how conducted. (95.) 4717. SECTION 1. The People of the State of Michi- gan enact: That any school district may, by a two-thirds vote- of the qualified electors of said district present at any annual meeting, or at a special meeting called for that purpose, bor- row money, and may issue bonds of the district therefor, to- pay for a school house site or sites, and to erect and furnish school buildings as follows: Districts having less than thirty children between five and twenty years of age may have an in debtedness not to exceed three hundred dollars; districts hav- ing thirty children of like age may have an indebtedness not to exceed five hundred dollars: districts having forty children of like age may have an indebtedness not to exceed seven hun- dred fifty dollars; districts having fifty children of like age may have an indebtedness not to exceed one thousand dollars; districts having seventy-five children of like age may have an indebtedness not to exceed two thousand dollars; districts having one hundred children of like age may have an indebt- edness not to exceed three thousand dollars; districts having one hundred twenty-five children of like age, and with" an as- sessed valuation of not less than one hundred and fifty thousand dollars, may have an indebtedness not to exceed five thousand dollars; districts having two hundred children of like age may have an indebtedness not to exceed eight thousand dollars; districts having three hundred children of like age may have an indebtedness not to exceed fifteen thousand dollars; districts having four hundred children of like age may have an indebtedness not to exceed twenty thousand dollars; districts having five hundred children of like age may have an indebtedness not to exceed twenty-five thousand dollars; and districts having eight hundred children or more of like age may have an indebtedness not to exceed thirty thousand dollars: Provided, That the indebtedness of a district shall in no case extend beyond ten years for money borrowed: Provided further, That "in all proceedings under this section the director, treasurer, and one person appointed by the district board, shall constitute a board of inspection, who shall cause a poll list to be kept and a suitable ballot-box to be used, which shall be kept open two hours. The vote shal 1 be by ballot, either printed or written, or partly printed and partly written, and the canvass of the same shall be conducted in the same manner as at township elections or as the laws governing the same are applicable; and when they are not the board of inspectors shall prescribe the manner in which can- vass shall be conducted. Am. 1887. Act 56: 1893, Act 4; 1899, Act 190; 1901, Act 105. TWO-THIRDS VOTE : A corporate act, which can be taken only by a. two-thirds vote, cannot be rescinded by a bare majority. Stockdale v. Sch. Dist., 47 / 226. BONDS : A vote to issue school-district bonds in settlement of a demand, if in excess of the limit fixed by law,' may be sustained up to the legal limit.. GENERAL SCHOOL LAWS. 35 Stockdale v. Sch. Dist.. 47 / 226. The purchaser of a school district bond has a right to rely upon all facts asserted or appearing upon the face of the bonds, made by any person or body authorized by law to pass upon and determine the facts. Gibbs v. Sch. Dist., 88 / 336. Detaching a portion of a district and organizing it into or with another township. People v. Ryan, 19 / 203. (96.) 4718. SEC. 2. Whenever any school district shall issuing bonds have voted to borrow any sum of money, the district board of borrowed^ such district is hereby authorized to issue the bonds of such district, in such form, and executed in such manner by the moderator and director of such district, and in such sums, not less than fifty dollars, as such district board shall direct, and with such rate of interest, not exceeding eight per centum per annum, and payable at such time or times as the said district shall have directed. The statute limits the authority of the board, in issuing bonds, to such as are authorized by the district ; and, before the board can act, it has a func- tion to perform in its nature somewhat judicial. It must pass upon the question whether the proceedings in voting the bonds are such as will authorize the board to issue them. A purchaser of the bonds, therefore, need look no further back than the face of the bonds for the facts which show a compliance with the law. Gibbs v. Sch. Dist., 88 / 337. (97.) 4719. SEC. 3. Whenever any money shall have voters may been borrowed by any school district, the taxable inhabitants of such district are hereby authorized, at any regular meeting of such district, to impose a tax on the taxable property in such district, for the purpose of paying the principal thus bor- rowed, or any part thereof, and the interest thereon, to be levied and collected as other school district taxes are collected. (98.) 4720. SEC. 4. Any school district, whenever it shall appear that the same can be done on terms advantageous to to said district, may bocrow r money to pay any bonded indebt- edness of said district then existing, and issue further bonds of said district therefor: Provided, That a majority of the Proviso, qualified voters of said district shall so determine, at an an- nual or special meeting called for that purpose; and that the notice of such meeting, whether annual or special, shall state the intention to take such vote. SUITS AND JUDGMENTS AGAINST DISTRICTS. (99.) 4721. SECTION 1. Justices of the peace shall have J^JJ 8 jurisdiction in all cases of assumpsit, debt, covenant, and tres- jurisdiction in pass on the case against school districts, when the amount certam cases> claimed, or matter in controversy shall not exceed one hun- dred dollars; and the parties shall have the same right of ap- peal as in other cases. As to corporate powers, etc., see note to Section 4652. Liability for debts after changes made in districts. See Sections 4657-8 and notes. Action of one district against another for money had and received. Sch. D'st. v. Sch. Dist., 40 / 551. (100.) 4722. SEC. 2. When any suit shall be brought suit against against a school district, it shall be commenced by summons, 36 GENERAL SCHOOL LAWS. No execution to issue against district. Treasurer to certify to supervisor judgment against district. a copy of which shall be left with the treasurer of the district at least eight days before the return day thereof. Am. 1901, Act 165. (101.) 4723. SEC. 3. No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon, but the same shall be collected in the manner prescribed in this act. (102.) 4724.. SEC. 4. Whenever any final judgment shall be obtained against a school district, if the same shall not be removed to any other court, the treasurer 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 [treasurer] shall certify the same as aforesaid, im- mediately after the final determination thereof against the district. Am. 1901, Act 165. (103.) 4725. SEC. 5. If the treasurer shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, admin- istrators, 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 treasurer. Am. Id. (104.) 4726. SEC. G. 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. (105.) 4727. SEC. 7. The supervisor or supervisors, re- ceiving 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. When treas- urer fails to certify, how party may proceed. How judg- ment certi- fied in case of fractional district. Supervisors to assess amount of judgment. How collected and returned. Voters to designate sites. when inspec- determine SITES FOR SCHOOL-HOUSES. (106.) 4728. SECTION 1. The qualified voters of any school district, when lawfully assembled, may designate by a vote of two-thirds of those present, such number of sites as may be desired for school-houses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants as aforesaid, the school in- spectors of the township or townships in which the district is situated shall determine where such site shall be, and their determination shall be certified to the director of the district, GENERAL SCHOOL LAWS. 37 and shall be final, subject to alteration afterward by the in- spectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called. DESIGNATING SITES : See Section 4665, subd. 4. Proceedings to condemn land for a site will be quashed if there is no lawful designation thereof shown by the records. Heck v. Sch. Dist. , 49 / 551. After the lapse of a dozen years it is too late to disturb the title to a school-house site by mere questions of regularity in the proceedings to designate it. School districts are apt to act with great informality in their corporate matters ; and it is a sound rule to let general acquiescence cover the errors. Sch. Dist. v. Everett, 52 / 318. NO SITE ESTABLISHED : It is only when the inhabitants cannot agree in establishing any site at all, that the inspectors are allowed to fix one. Andress v. Inspectors. 19 / 332. - TWO-THIRDS VOTE : See note to Section 4717. (107.) 4729. SEC. 2. Whenever a site for a school-house Disagreement shall be designated, determined or established, in any manner provided by law 7 , in any school district, and such district shall be unable to agree with the ow r ner or owners of such site upon the compensation to be paid therefor, or in case such district shall, by reason of any imperfection in the title to said site, arising either from break in the chain of title, tax sale, mort- gages, levies, or any other cause, be unable to procure a per- fect, unincumbered title in fee simple to said site, the district Board to board of such district shall authorize one or more of its mem bers to apply to the circuit judge, if there be one in the county, or to a circuit court commissioner of the county, or to any justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same, which application shall be in writing, and contents of shall describe the real estate required by such district as ac- a PP llcatwn - curately as is required in a conveyance of real estate- Pro- proviso vided, That whenever any schoof district shall have desig- necessity * nated, selected, or established, in any manner provided by law, for site/ a school-house site, such selection, designation, or establish- ment shall be prima facie evidence to said jury of the necessity to use the site so established. CONDEMNATION : The jurisdiction to condemn lands for a school-house site is invoked by presenting to the proper officer a petition designating the site and showing disagreement with the owner as to compensation for it. Smith v. Sch. Dist., 40 / 145. Proceedings to condemn land for a school-house site will be quashed if there is no lawful designation thereof shown by the records. Heck v. Sch. Dist., 49 / 551. For the constitutional questions in- volved in the taking of private property for public use, see Const, xv, 9, 15 ; xviii, 2, 14. (108.) 4730. SEC. 3. It shall be the duty of such circuit judge, circuit court commissioner, or justice of the peace, upon such application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, w r ho are in nowise of kin to the owner of such real estate, and not interested therein, to appear be- fore such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days 38 GENERAL SCHOOL LAWS. Owner to be notified. Notice in case owner is unknown, etc. from the time of issuing such summons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same, and to notify the owner or occupant of such real estate, if he can be found in the county, of the time when and the place where such jury is summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten days be- fore the time specified in such summons or venire for the jury TO appear as hereinbefore mentioned. (109.) 4731. SEC. 4. Thirty days' previous notice of the time when and the place where such jury w T ill assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper published in the county where such real estate is situated; or if there be no newspaper published in such county, then in some news- paper published in the nearest county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or assessor of such district, and shall describe the real estate required for such site, and state the time when and place w r here such jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence. (110.) 4732. SEC. 5. It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or consta- ble summoning them, to attend at the time and place specified in such summons or venire; and the officer who summoned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons summoned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from. the list of jurors a number suf- ficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make up the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attachment for any person summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are authorized to do in civil cases. Return of venire and proceedings thereon. Attachment may issue to enforce ohedience to process. GENERAL SCHOOL LAWS. 39 A party present, or represented, at the impaneling of the jury will be deemed to have waived all objections to the jury, if he makes none then. Smith v. Sch. Dist., 40 / 143. (111.) 4733. SEC. 6. The twelve persons selected as the Jury to ,,,-., i ji T .be sworn. jury shall be duly sworn by the judge, commissioner, or jus- tice in attendance, faithfully and impartially to inquire, as- certain, and determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same in the manner proposed by such school district; and the persons thus sworn shall con- stitute the jury in such case. Subpoenas for witnesses may be subpoenas for issued, and their attendance compelled by such circuit judge, w commissioner, or justice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such ex- forakng animation and such other evidences as may be presented be- land - fore them, shall ascertain and determine the necessity for us- ing such real estate in the manner and for the purpose pro- posed by such school district, and the just compensation to be made therefor; and if such jury shall find that it is necessary that such real estate shall be used in the manner or for the purpose proposed by such school district, they shall sign a certificate in writing, stating that it is necessary that said real estate, describing it, should be used as a site for a school- house for such district; .also stating the sum to be paid by such school district as the just compensation for the same. The thefor said circuit judge, circuit court commissioner, or justice of the peace, shall sign and attach to, and indorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when and the place where the said jury assembled, that they were by him duly sworn as herein required, and that they subscribed the said certificate. He shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certificates to the director, or to any member of the district board of such school district. As to the oath to the jurors, their duties and the determination of the ne- cessity and compensation, see notes to Const, xv, 9, 15 ; xviii, 2, 14. (112.) 4734. SEC. 7. Upon filing such certificates in the collection of circuit court of the county W 7 here such real estate is situated, 1udgme such court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such school district, which judgment shall be collected and paid in the manner as otlier judgments against school districts are collected and paid. Smith v. Sch. Dist., 40 / 143. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings taken for the condemna- tion of a site were irregular and to compel him to enter judgment for the amount found due. Sch. Dist. v. Judge, 49 / 432. 40 GENERAL SCHOOL LAWS. When owner is unknown, etc., money to be county treas- urer. Proviso how money to be drawn from county treas- urer. On payment court to decree title vested in district. Copy of decree to be recorded. When district to take possession. Writ of possession to be issued by county clerk to sheriff. Sheriff to remove respondent. (113.) 4735. SEC. 8. In case the owner of such real estate shall be unknown, insane, non compos mentis, or an in- fant, or cannot be found within such county, it shall be lawful for the said school district to deposit the amount of such judg- ment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the per- son depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same, as herein required: Provided, That no such money shall be drawn from such county treasurer, except upon an order of the circuit court, circuit court commissioner, or judge of pro- bate, as hereinafter provided. (114.) 4736. SEC. 9. Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained and de- termined by the jury as the just compensation to be paid by such district for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, for- ever thereafter be vested in such school district and its suc- cessors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the re- covery of the possession of such real estate; a copy of which order or decree, certified by the clerk of said county, shall be recorded in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such district and its successors and assigns in fee. (115.) 4737. SEC. 10. Such school district may, at any time after making the payment or deposit hereinbefore re- quired, enter upon and take possession of such real estate for the use of said district. And it shall be the duty of the county clerk of said county, on the request of said school district, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or de- cree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be sub- stantially, so far as may be, in the same form provided for w r rits of possession in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or re- spondents in such proceedings, and all persons holding under them or either of them, from the real estate described in such GENERAL SCHOOL LAWS. 41 decree and in such writ, and deliver the possession thereof with the appurtenances to such school district. (116.) 4738. SEC. 11. In case the jury hereinbefore pro- when jury vided for shall not agree, another jury may be summoned in the cfe^fmglfmay " same manner, and the same proceedings may be had, except and i^ew^ury that no further notice of the proceedings shall be necessary; summoned. but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the pro- cess to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings ^journ- may be adjourned from time to time by the said judge, or com- tS'exce'ed missioner, or justice, on the application of either party, and three montns - for good cause, to be sjhown by the party applying for such ad- journment, unless the other party shall consent to such ad- journment; but such adjournments shall not in all exceed three months. (117.) 4739. SEC. 12. In case the said school-house site Proceedings is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be inter- ested in said title, shall severally be made a party to the pro- cedure as aforesaid, and shall be authorized upon the filing of the certificate of the jury in the circuit court of the said county, to appear before the circuit judge and make proof rela- tive to their proportionate claims to the said site, or the com- pensation to be made therefor, as determined by said jury. And the said circuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respect- ively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded. (118.) 4740. SEC. 13. The circuit judge, judge of pro- bate, or circuit court commissioner of any county where any county tres- money has been deposited with the county treasurer of such drawn! ay b< county, as hereinbefore provided, shall, upon the written ap- plication of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such appli- cant to the money thus deposited, make an order directing the county treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county treas- urer, on the presentation of such order, with the receipt of the person named therein, indorsed on said order and duly ac- knowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such county treasurer, to exonerate him from all liability to any person or persons for said money thus paid by him. 6 42 GENERAL SCHOOL LAWS. Compensation of officers, etc., on proceedings. When judge, etc., unable to attend, another may finish pro- ceedings. (119.) 4741. SEC. 14. Circuit judges, circuit court com- missioners, and justices of the peace, for any services rendered under the provisions of this act, shall be entitled to the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil cases in the circuit court. (120.) 4742. SEC. 15. In case any circuit judge, circuit court commissioner, or justice of the peace, who shall issue a summons or venire for a jury, shall be unable to attend to any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish said proceedings. APPEALS FROM ACTION OF INSPECTORS. Appeal of districts. (121.) 4743. SECTION 1. Whenever any five or more tax-paying electors, having taxable property within any school district, shall feel themselves aggrieved by any action, order, or decision of the board of school inspectors, with reference to the formation, or any division, or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school inspectors to the township board of the township in which such school district is situated, and in case of fractional school districts, notice of such appeal shall be served on the clerk of the joint boards of school inspectors who have made the deci- sion appealed from, who shall, w r ithin five days, give notice thereof to the tow r nship boards of the several townships in which the different parts of said fractional school district are situated, who shall have pow r er, and whose duty it shall be, acting jointly, to entertain such appeal, and review, confirm, set aside, or amend the action, order, or decision of the board of school inspectors thus appealed from; or if in their opinion the appeal is frivolous or without sufficient cause, they may summarily dismiss the same. Am. 1883, Act 82. ACTION OF INSPECTORS : The board of inspectors act in the exercise of a public discretionary power in creating or changing districts, which can be reviewed, if at all, only by some direct appellate process which operates upon the proceedings themselves to affirm, reverse or change them. Clement v. Everest, 29 / 19. APPEAL : The appeal to the town board is not on legal questions, but transfers to them the same discretionary authority which the inspectors have when there is no appeal. And by appealing, the parties waive those ques- tions which require judicial review and submit themselves to the discretion of the town board ; and a certiorari to the town board does not open the do- ings of the inspectors. Brody v. Penn Twp. Board, 32 / 273. Where the sum- mary method of reviewing the proceedings by appeal has not been resorted to, there should be some special and extraordinary reasons appearing to justify a resort to quo warranto. Lord v. Every, 38 / 405. The township board has jurisdiction of appeals from decisions of the board of school in- spectors fixing the amount to be paid by an old school district to a new one, where the latter comprises part of the same territory and the former retains the school property. School Dist. v. Wilcox, 48 / 404. When it seems an appeal could not be taken. Sch. Dist. v. Sch. Dist., 63 / 57-8. GENERAL SCHOOL LAWS. 43 (122.) 4744. SEC. 2. Said appellants shall, before tak- Appellants to ing such appeal, make out and file with the board of school in- of^ause am?* spectors, or in case of fractional school districts to the clerk Demand for of the joint boards of school inspectors, a written statement, ai to be signed by said appellants, setting forth in general terms the action, order, or decision of the board or boards of school inspectors, with respect to which the appellants feel them- selves aggrieved, and their demand for an appeal therefrom to the township board or boards of said township or town- ships, and shall also cause to be executed and signed by one of Appellants to their number, and by two good and sufficient sureties, to be approved by the clerk of said board or joint boards of school inspectors, or by any justice of the peace of the township, and filed with the clerk of said board or joint boards of school in- spectors, a bond to the people of the state of Michigan in the penal sum of two hundred dollars, conditioned for the due prosecution of said appeal before said township board or boards acting jointly, and also in case of the dismissal of said appeal as frivolous by said township board or joint boards, for the payment by said appellants of all costs occasioned to the township or townships [by reason] of said appeal. Am. Id. BOND : The statute is positive in requiring the bond to be approved and it can not be dispensed with. Clement v. Everest, 29 / 21. The appeal is not complete without such approval. Jd. (123.) 4745. SEC. 3. Upon the filing of such appeal Duty of in- papers and bond with the said board or joint boards of school inspectors, the said board or joint boards of school inspectors shall, within ten days thereafter, make out and file with the clerk of said township in which the said school-house is located, a full and complete transcript of all their proceedings, actions, orders, or decisions with reference to which the ap- peal is taken, and of their records of the same; also, said bond and appeal papers, and all petitions and remonstrances, if any, with reference to the matters appealed from ; and upon the fil- ing of the same with the said township clerk, the said town- when town- ship board or boards shall be deemed to be in possession of the deXnXun case, and if the return be deemed by them insufficient, may P s c s a e s s e sion order a further and more complete return by said board or beards of school inspectors ; and when such return shall by Proceedings in them be deemed sufficient, they shall proceed with the consid- t eration of the appeal, at such time or times, within ten days after such return, and in such manner and under such affirma- tion, amendment, or reversal of the action, order, or decision of the board or boards of school inspectors appealed from, as in their judgment shall seem to be just and right; or, if they when mem- deem the appeal to be frivolous, they may summarily dismiss *l* board" the same; but the decision of said board or boards of school inspectors shall not be altered or reversed, unless a majority case. 44 GENERAL SCHOOL LAWS. of such township board or boards, not members of said board or boards of school inspectors, shall so determine. See cases cited in notes to Section 4743, Comp. Section 121. GRADED SCHOOL DISTRICTS. Proviso. Trustee, election of. Graded school (124.) . 4746. SECTION 1. Any school district containing - more than one hundred children between the ages of five and twenty years may, by a two-thirds vote of the qualified elect- ors present at any annual or special meeting, organize as a graded school district: Provided, That the intention to take such vote shall be expressed in the notice of such annual or special meeting. When such change in the organization of the district shall have been voted, the voters at such annual or special meeting shall proceed immediately to elect by ballot from the qualified voters of the district one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire: Provided, also, In all districts organized prior to the year eighteen hundred and eighty-three there shall be one trustee elected at the annual meeting for the year eighteen hundred and eighty-three, and thereafter there shall be elected a trustee or trustees in the manner aforesaid, whose term of office shall be three years, and until his or their successor or successors shall have been elected and filed his or their accept- ance: Provided, also, That in the election of trustees, and all other school officers, the person receiving a majority of all the votes shall be declared elected. Proviso. Proviso. Am. 1883, Act 28; 1885, Act 18. Simpkins v. Ward, 45 / 562. GRADED SCHOOL DISTRICTS : The wisdom of the graded-school-district act was vindicated in Stuart v. Sch. Dist.. 30 / 69, and its validity determined. Keweenaw Ass'n v. Sch. Dist., 98 / 439. It is competent under the constitu- tion to provide by taxation for free instruction in the higher departments of education, in union and high schools. Stuart v. Sch. Dist., 30 / 69. Union and graded schools, whether organized under the general law or created by special enactment are subject to the general primary school law, except as otherwise provided in the law creating them. People v. Detroit Board of Education, 18 / 411 ; Keweenaw Ass'n v. Sch. Dist., 98 / 442. ALL OTHER OFFICERS : The term "all other school officers" includes the director, moderator and assessor of primary school districts, there being no others to whom it could refer, as the trustees are the only officers to be elected in graded school districts. Cleveland v. Amy, 88 / 377. LEGISLATIVE PROVISIONS : The constitution does not require an abso- lute uniformity in school districts throughout the state and the legislature has not so construed the constitutional provisions. Uniformity has not been kept up ; graded schools have been established ; boundaries of districts changed and fixed by the legislature ; and the qualifications of electors at school meetings have been fixed, limiting the classes entitled to vote and providing exceptional methods of electing officers. The mayor of Grand Rapids is made a trustee and ex officio a member of the board of education ; and being a trustee he is eligible to the office of president of the board. The president of the board has the veto power. The mayor of Alpena is president of the board and the trustees elected constitute the board, and exercise all the powers and perform the duties of trustees. The mayor of Detroit, as ex officio member of the board of education, has the veto power, and this provision is constitutional. Pingree v. Board of Education, 99 / 407-9. It is no new thing for the legislature to fix the boundaries of school districts. It is done by the charter of nearly every city or village in the state, and some of them go so far as to provide exceptional methods of electing officers and limiting the classes entitled to vote (citing Mudge v. Jones, 59 / 165). Kewee- GENERAL SCHOOL LAWS. 45 naw Ass'n v. Sch. Dist., 98 / 441. And in Perrizo v. Kesler, 93 / 280, an act groviding for the organization of school districts from entire townships was eld valid. Id. 442. (125.) 4747. SEC. 2. Within ten days after their elec- Acceptance of tion such trustees shall file with the director acceptances of med est the offices to which they have been elected, and shall annually officers to be elect from their own number a moderator, a director, and trustees^ 7 treasurer, and for cause may remove the same, and may ap- point others of their own number in their places, who shall perform the duties prescribed by law for such officers in other school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may vacancy in occur in their number till the next annual meeting. When- 5med!' h w ever, in any case, the trustees shall fail, through disagreement or neglect, to elect the officers named in this section, within when in- twenty days next after the annual meeting, the school in- appoint 8 8l spectors of the township or city to which such district makes omcers - its annual report shall appoint the said officers from the num- ber of said trustees. Am. 1901, Act 165. VACANCIES COSTS : The minority of a school board have no authority to commence an action in its name, and, if they do so, they will be individually responsible for the costs. Johnston v. Mitchell, 120 / 589. (126.) 4748. SEC. 3. It shall be the duty of the board Duty of of trustees in any graded school district: First, To classify and grade the pupils attending schools in TO classify such district and cause them to be taught in such schools or i )U P lls - departments as they may deem expedient; Second, To establish in such district a high school when TO establish ordered by a vote of the district at an annual meeting, and to eJ| h S( determine the qualifications for admission to such school, and the fees to be paid for tuition in any branch taught therein: Provided, That when non-resident pupils, their parents or proviso as to guardians, shall pay a school tax in said district, the same shall tuition - be credited on their tuition a sum not to exceed the amount of such tuition and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition; Third, To audit and order the payment of all [of] the ac- TO audit and counts of the director for incidental or other expenses in- JJco C unts. tor curred by him in the discharge of his duties; but no more than fifty dollars shall be expended by the director in one year for repairs of the buildings or appurtenances of the district property without the authority of the board of trustees; Fourth, To employ all qualified teachers necessary for the TO employ several schools, and to determine the amount of their compen- t sation and to require the director and moderator to make con- tracts with the same on behalf of the district, in accordance with the provisions of law concerning contracts with teachers; 46 GENERAL SCHOOL LAWS. To employ officers, etc. Other duties. Fifth, To employ such officers and servants as may be neces- sary for the management of the schools and school property, and prescribe their duties and fix their compensation; Sixth, To perform such other duties as are required of dis- trict boards in other school districts. Am. 1891, Act 21. FIRST : To classify and grade. People v. Detroit Bd. of Ed., 18 / 412. Un- der our system it is common and convenient to have the various grades in one building and there is nothing illegal in it. Hathaway v. New Balti- more, 48 / 255. The authority to classify and grade the pupils and prescribe the course of studies confers the power to provide for teaching music and to purchase a piano for such purpose. Knabe v. Board of Education, 67 / 262. FOURTH : A contract with a qualified teacher, made pursuant to a res- olution adopted by a majority of the trustees and signed by the moderator and assessor and one of the trustees, is valid though not signed by the director. Farrel v. Sch. Dist., 98 / 43 (citing Crane v. Sch. Dist., 61 / 299). The board has power to employ a Qualified teacher for the ensuing year prior to the annual school meeting. -Id., (citing Tappan v. Sch. Dist., 44 / 500 ; Cleve- land v. Amy, 88 / 374). The power to employ teachers conferred upon the district boards of primary schools is co-extensive with that conferred upon the boards of trustees of graded schools. Cleveland v. Amy, 88 / 37G. Teach- ers in graded schools are required to have certificates: in the same manner as teachers in primary schools ; but a person employed by the board to superin- tend and manage the schools need not be a teacher nor have a teacher's certificate. Davis v. Sch. Dist., 81 / 214. The trustees are empowered to em- ploy all teachers necessary, and what teachers are necessary is left to be decided by their sound discretion. Tappan v. Sch. Dist., 44 / 502. FIFTH : The power to appoint a superintendent of schools is incident to the full control which by law the board has over the schools. Stuart v. Sch. Dist., 30 / 85. And the person employed as superintendent is not required to be a teacher or to have a teacher's certificate. Davis v. Sch. Dist., 81 / 219-20. Consent of trustees necessary to change in boundaries of district. Such districts not restricted in size. Proviso. Appellants to file bond. (127.) 4749. SEC. 4. No alterations shall be made in the boundaries of any graded school district, without the con- sent of a majority of the trustees of said district, which con- sent shall be spread upon the records of the district, and placed on file in the office of the clerk of the board of school inspectors of the township or city to which the reports of said district are made; and graded school districts shall not be re- stricted to nine sections of land: Provided, however, That any three or more tax paying electors having children between the ages of five and twelve years, residing one and one-half miles or more from a school house in such district, feeling themselves aggrieved by any action, order, or decision of the board of trustees with reference to the alteration of said school district, affecting their interests, may, at any time within sixty days from the time of such action on the part of said board of trustees, appeal from such action, order or de- cision of such board of school trustees, to the judge of probate of the county in which such school house is situated, in the same manner, as nearly as may be, as appeals from the action of inspectors, as provided by chapter nine of this act. Said appellants shall file a bond with said judge of probate, with sufficient sureties, to be approved by said judge of probate, in the penal sum of two hundred dollars, indemnifying said school district of any and all costs made on such appeal in case the appellants shall not prevail therein. Whereupon said judge of probate shall be empowered to entertain such appeal, and review, confirm or set aside or amend the action of the board of trustees appealed from. GENERAL SCHOOL LAWS. 47 Am. 1899, Act 258. NO ALTERATION : This provision is not intended to take from the board of supervisors their constitutional power to erect townships, but the prohi- bition applies only to the inspectors. People v. Ryan, 19 / 207. Township school inspectors cannot enlarge a graded school district by adding unor- ganized territory, though they may, with the consent of the trustees, trans- fer to its jurisdiction territory previously organized into primary districts. Simpkins v. Ward, 45 / 559. The action of the board of inspectors in detach- ing territory from a graded school district is void, unless the inspectors have before them legal evidence of a consent of a majority of the trustees of the graded school district. Burnett v. Inspectors, 97 / 108. Addition of territory by legislative action. Keweenaw Ass'n v. Sch. Dist., 98 / 439-41. (128.) 4750. SEC. 5. Whenever two or more contigu- uniting of ous districts, having together more than one hundred children Srictsto between the ages of five and twenty years, after having pub- lished in the notices of the annual meetings of each district the intention to take such action, shall severally, by a vote of two-thirds of the qualified voters attending the annual meet- ings in said districts determine to unite for the purpose of es- tablishing a graded school district under the provisions of this chapter, the school inspectors of the township or townships in which such districts may be situated shall, on being properly notified of such vote, proceed to unite such districts, and shall appoint as soon as practicable, a time and place for a meeting of the new district, and shall require three notices of the same to be posted in each of the districts so united at least five days before the time of such meeting, and at such meeting the dis- trict shall elect a board of trustees, as provided in section one trustees. of this chapter, and may do whatever business may be done at any annual meeting. Added 1883, Act 53. (129.) 4751. SEC. 6. Whenever the trustees of any or- Duty of ganized graded school district shall be presented twenty days before the annual meeting thereof with a petition signed by etc - ten electors of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district there shall be submitted to said annual meeting the proposi- tion to change from a graded school district to one or more primary school districts the said trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two- in case of vote thirds of the qualified voters present at said meeting shall vote to to change to one or more primary school districts such change shall be made, and it shall be the duty of the board of school inspectors of the township or townships in which such dis- trict is situated, upon being duly notified of such vote to pro- ceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary school districts in the same manner as is provided for by law for the organization of primary school districts, and whenever a frac- tional graded school district shall be so changed, the township boards of school inspectors of the respective townships where 48 GENERAL SCHOOL LAWS. such graded school district is situated, shall organize the said district into one or more primary school districts, as provided for bv law. Added 1891, Act 84. LIBRARIES. Township libraries to be maintained. Who are entitled to privileges of library. Proviso. Inspectors to have charge of library and library moneys. Inspectors accountable for care, etc. of library. Power of inspectors. Township library. Librarian, duties, etc. (130.) 4752. SECTION 1. A township library shall be maintained in each organized township, which shall be the property of the township, and shall not be subject to sale or alienation from any cause whatever. All actions relating to such library, or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the township. (131.) 4753. SEC. 2. All persons who are residents of the township shall be entitled to the privileges of the town- ship library, subject to such rules and regulations as may be lawfully established in relation thereto: Provided, That per- sons residing within the boundaries of any school district in which a district library has been established shall be entitled to the privileges of such district library only. (132.) 4754. SEC. 3. The township board of school in- spectors shall have charge of the township library, and shall apply for and receive from the township treasurer all moneys appropriated for the township library of their tow r nship, and shall purchase the books and procure the necessary append- ages for such library. (133.) 4755. SEC. 4. Said board shall be held account- able for the proper care and preservation of the township library, and shall have power to provide for the safe keep- ing of the same, to prescribe the time for taking and return- ing books, to assess and collect fines and penalties for the loss or injury of said books, and to establish all other needful rules and regulations for the management of the library, as said board shall deem proper, or the superintendent of public instruction may advise. (134.) 4756. SEC. 5. The board of school inspectors shall cause the township library to be kept at some central or eligible place in the township, which it shall determine. Such board shall also, within ten days after the annual township meeting, appoint a librarian, for the term of one year, to have the care and superintendence of said library, who shall be responsible to the board of school inspectors for the impartial enforcement of all rules and regulations lawfully established in relation to said library. Am. 1883, Act 114. school district (135.) 4757. SEC. 6. Any school district, by a two.-thirds vote at any annual meeting, may establish a district library, and such district shall be entitled to its just proportion GENERAL SCHOOL LAWS. 49 of books from the library of any township in which it is wholly Entitled to or partly situated, to be added to the district library, and also monl y ^ nd to its equitable share of any library moneys remaining unex- pended in any such township or townships at the time of the establishment of such a district library, or that shall there- after be raised by tax in such township or townships, or that shall thereafter be apportioned to the township to the in- spectors of which the annual report of its director is made. Am. 1893, Act 158. (136.) 4758. SEC. 7. The district board of any school District board district in which a district library may be established in ac- S Sict arge cordance with the provisions of this act, shall have charge of librar y- such library; and the duties and responsibilities of said dis- trict board in relation to the district library, and all moneys raised or apportioned for its support, shall be the same as those of the board of school inspectors are to the tow r nship library. Libraries are within the proper range of school apparatus ; and there is nothing in our laws which cuts off public corporations from accepting benev- olent offerings to enable them to extend their usefulness and benefit their people, by enlarging their opportunities for culture and refinement without multiplying or increasing their burdens. Maynard v. Woodard, 36 / 425, 427. (137.) 4759. SEC. 8. The school inspectors shall give inspectors to in their annual report to the superintendent of public instruc- statistics t ry tion, such facts and statistics relative to the management of the township library and the library moneys, as the superin- tendent of public instruction shall direct; and the district board of any school district having a library, shall cause to be given in the annual report of the director to the board of school inspectors, like facts and statistics relative to the dis- trict library, which items shall also be included by the said inspectors in their annual report. (138.) 4760. SEC. 9. In case the board of school in- Failure to spectors of any township, or the district board of any school [fiegli use district, shall fail to make the report required by the preced- *Siuse y8 ing section, or in case it shall appear from the reports so made forfeiture that any township or school district has failed to use the thereafter, library money in strict accordance with the provisions of law, such township or district shall forfeit its share of the library moneys that are apportioned, and the same shall be apportioned , to the several other townships and districts in the county as hereinafter provided : Provided, That in townships where the Proviso. boards thereof shall determine and report to the superin- tendent that the public will be better served by using the said money for general school purposes, no such forfeiture shall occur. (139.) 4761. SEC. 10. The superintendent of public in- g?eS^J struction shall annually, and previous to the tenth day of May, vide county transmit to the clerk of each county a statement of the town- statement. 7 50 GENERAL SCHOOL LAWS. ships in his county that are entitled to receive library moneys,, giving the number of children in each of such townships be- tween the ages of five and twenty years, as shall appear from the reports of the boards of school inspectors for the school year last ending; said clerk shall file such statement in his- office, and shall forthwith furnish a copy thereof to the county treasurer. (140.) 4762. SEC. 11. The clear proceeds of all fines for any breach of the penal laws of this state and for penalties, or upon any recognizance in criminal proceedings, and all equivalents for exemption from military duty when collected in an} 7 county and paid into the county treasury, together with all moneys heretofore collected and paid into said treas- ury on account of such fines or equivalents, and not already apportioned, shall be apportioned by the county treasurer be- fore the first day of June in each year, among the several townships in the county, according to the number of children therein, between the ages of five and twenty years, as shown by the statement of the superintendent of public instruction provided for in the preceding section, which money shall be exclusively applied to the support of the township and district libraries, and to no other purpose. Statement to be filed and copy given to county treas- urer. Fines for breach of penal laws to be appor- tioned for township and district libraries. FINES, ETC. : See Const, xiii, 12, and notes thereto. Am. 1895, Act 15. Voters may levy tax for support of libraries. How tax to be reported, assessed and collected. District board may give or sell books to township library. (141.) 4763. SEC. 12. The qualified voters of each town- ship shall have power at any annual township meet ing,, to vote a tax for the support of libraries established in accordance with the provisions of this act, and the qualified voters of any school district, in w r hich a district library shall be established,, shall have power, at any annual meeting of such district, to vote a district tax for the support of said district library. When any tax authorized by this section shall have been voted, it shall be reported to the supervisor, levied, and col- lected in the same manner as other township and school dis- trict taxes. (142.) 4764. SEC. 13. The district board of any school district may donate or sell any library book or books belong- ing to such district to the board of school inspectors of the tow r nship or tow r nships in which said district is w 7 holly or partly situated, which book or books shall thereafter form a part of the township library. PENALTIES AND LIABILITIES. Penalty on inhabitant for neglect of duty. (143.) 4765. SECTION 1. Any taxable inhabitant of a newly formed district receiving the notice of the first meeting,, 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- GENERAL SCHOOL LAWS. 51 duties enjoined on him in this act, shall respectively forfeit the sum of five dollars. (144.) 4766. SEC. 2. Any person duly elected to the ff^^^ office of moderator, director, treasurer, or trustee of a school for "ejecting district, who shall neglect or refuse, without sufficient cause, ^ r r / f r l ^ in s to to accept such office and serve therein, or who, having entered duties. 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. Am. 1901, Act 165. Hinman v. Sch. Dist., 4 / 170. If the district, by an officer's wilful act or neglect of duty, is subjected to suit or judgment, the district in its corporate capacity must recover the amount, but individual citizens, who have been taxed to satisfy the judgment, cannot recover their taxes from such officer. Wall v. Eastman, 1 / 268. (145.) 4767. SEC. 3. Any person duly elected or ap- Penalty on pointed a school inspector, who shall neglect or refuse, with- n out sufficient cause, to qualify and serve as such, or who, hav- refusal ing 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. (146.) 4768. SEC. 4. If any board of school inspectors Liability of shall neglect or refuse to make and deliver to the township clerk their annual report as required by this act, within the report time limited 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; and if any town- Liability of ship clerk shall neglect or refuse to transmit the report herein mentioned within the time limited therefor, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon, to be recovered in an action of debt, or on the case. (147.) 4769. SEC. 5. Any county clerk who shall neg- Liability of lect or refuse to transmit to the superintendent of public in- struction the reports required by this act, within the time therefor limited, shall be liable to pay to each township the re full amount which such township, or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recovered in an action of debt, or on the case. (148.) 4770. SEC. 6. All the moneys collected or re- HOW moneys ceived by any township treasurer under the provisions of either of the two last preceding sections, shall be apportioned J and distributed to the school districts 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 act, have been apportioned and distributed. (149.) 4771. SEC. 7. Any township clerk who shall neg- Liability of lect or refuse to certify to the" supervisor any school district taxes that have been reported to him as required by this act, and any supervisor wilfully neglecting to assess any such tax 52 GENERAL SCHOOL LAWS. shall be liable to any district for any damage occasioned thereby, to be recovered by the treasurer in the name of the district, in an action of debt, or on the case. Am. 1901, Act 165. when town- (150.) 4772. SEC. 8. The township board of each town- rem^cer*- sni P> an(i in tlie case f fractional School districts, the tOWn- tain officers, ship board of the township in which the district school-house thereof is situated, shall have power and is hereby required to remove from office, upon satisfactory proof, 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, or who shall persistently and without sufficient cause refuse or neglect to Township discharge any of the duties of his office. And in case of such order for ecord removal it shall be the duty of the township clerk of such removal. township to enter in the records of such township the resolu- tion or order of such board, for such removal; and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of the jurisdiction of such board and of the regularity of the party removed proceedings for such removal, and (unless the party so re- ^roceSding? moved shall, within thirty days after such removal, institute for removal of p rocee( ji n g s before a court of competent jurisdiction for the order of town- * . . . . . shipboard. removal of such order for removal, 01* if after such thirty days such proceedings to obtain such removal shall be discontinued or dismissed) shall be conclusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five days' notice of the time and place fixed by said board for the hearing of the case as aforesaid. REMOVAL : When a member of the board is interested in the subject for consideration in the matter of removal, he is not competent to act. Stockwell v. Twp. Bd. of White Lake, 22 / 341. When interest deemed too remote to dis- qualify. Hamtramck Twp. Board v. Holihan, 46 / 127. Proceedings to re- move are not invalidated because the board did not meet to agree on the notice under which the proceedings were taken. Wenzel v. Dorr Twp. Bd., 49 / 25. The statute contemplates that no steps shall be taken until the action of the proper authorities has been invoked by complaint of some definite violation of duty. But preliminary formalities may be waived. Geddes v. Thomastown Twp., 46 / 318. The action of the board is final unless speedily brought up for review. Id. The proceedings are in the nature of a judicial investigation. Stockwell v. White Lake Twp. Board, 22 / 341. CAUSES FOR REMOVAL : The township board is the exclusive judge of the facts on which it is authorized to remove a school officer. Hamtramck Twp. Bd. v. Holihan, 46 / 127. Refusal to sign the director's orders for the payment of money is not alone sufficient, cause for removal of the moderator, for he has a right to determine for himself whether the order should be issued. Stockwell v. White Lake Twp. Bd., 22 / 341. Persistent refusal by a director, without cause, to make needed repairs in the school-house furniture, etc., is sufficient cause for removal. Hamtramck Twp. Bd. v. Holihan, 46 J 127. Wilful refusal of a director to sign a teacher's contract, or to accept and file it, or to draw pay orders under the contract, and obstinate neglect to furnish necessary school supplies may be taken into account in proceedings for removal. Geddes v. Thomastown, 46 / 310. A woman moder- ator cannot be removed for hiring her husband to teach the school. Hazen v. Akron Tw r p. Bd., 48 / 188. Nor a director for the purchase, in his discretion, of new seats for the school-house, under an order of the annual meeting "to fix the school-house for the winter term." McLaren v. Akron Twp. Bd.. 48 / 189. CERTIORARI : Lies to review the proceedings of a township board in re- moving a school officer. Stockwell v. White Lake Twp. Bd.. 22 / 341 ; Craw- FERAL SCHOOL LAWS. ford v. Twp. Boards, 22 / 405 : 24 / 248 ; Merrick v. Arbela Twp. Bd., 41 / 630. But mere insufficiency of evidence to establish the cause for removal will not warrant a reversal of the board's determination, the board being the exclusive judge of the facts. Hamtramck Twp. Bd. v. Holihan, 46 / 127. Township clerk's return as to testimony taken by the board presumed true. Taylor v. Shimmel, 107 / 676. (151.) 4773. SEC. 9. No school officer, superintendent, Sch o1 officers , , . . , ' and teachers or teacher of schools, shall act as agent for any author, pub- not to act as lisher. or seller of school books, or shall directly or indirectly receive any gift or reward for his influence in recommending the purchase or use of any library or school book or school apparatus, or furniture whatever, nor shall any school officer school officers be personally interested in any way whatever in any contract 6 " with the district in which he may hold office. Any act or neg- lect herein prohibited, performed by anv such officer, super- such acts deemed misde- intendent, or teacher, shall be deemed a misdemeanor. meanors. (152.) 4774. SEC. 10. All provisions of this act shall Where this act apply and be in force in every school district, township, city shall apply. and village in this state, except such as may be inconsistent with the direct provisions of some special enactment of the legislature. Johnston v. Mitchell, 120 / 589. MISCELLANEOUS PROVISIONS RELATIVE TO EDU- CATION AND THE SCHOOLS. An Act to regulate the uniformity of, and to provide FREE SCHOOL TEXT- BOOKS in public schools throughout the State, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act. [Act 147, 1889.] (153.) 4775. SECTION 1. The People of the State of Michi- when board to -gan enact, That from and after June thirtieth, eighteen hun- textbooks. dred and ninety, each school board of the state shall purchase, when authorized, as hereinafter provided, the text-books used by the pupils of the schools in its district in each of the fol- lowing subjects, to wit: Orthography, spelling, writing, read- subjects. ing, geography, arithmetic, grammar (including language les- sons), national and state history, civil government, and physi- ology and hygiene; but text-books once adopted under the pro- change, visions of this act shall not be changed w 7 ithin five years: Provided, That the text-book on the subject of physiology and Proviso, hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty-five of the public acts of eight- een hundred and eighty-seven, approved June ninth, eighteen 54 GEXERAL SCHOOL LAWS. Further proviso. Board to select the kind. Proviso. Notice to vote on question. Books to be property of district,' etc. Proviso. Further proviso. Board to contract with publishers, etc. Proviso. Board to make annual esti- mate of amount to be raised. hundred and eighty-seven: And provided further, That all text-books used in any school district shall be uniform in any one subject. The section above referred to is Section 4680, Comp. section 58. FREE TEXT-BOOKS : It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation. Bd. of Education v. Detroit, 80 / 548. (154.) 4776. SEC. 2. The district board of each school district shall select the kind of text-books on subjects enumer- ated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall re- quire any change in text-books now in use in such district. They shall cause to be posted in a conspicuous place, at least ten days prior to the first annual school meeting from and after the passage of this act, a notice that those qualified to vote upon the question to raise money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above pro- vided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superin- tendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter provided. The text-books so purchased shall be the property of the district purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may estab- lish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That nothing herein contained shall prevent any district having once adopted or rejected free text-books from taking further action on the same at any subsequent annual meeting. (155.) 4777. SEC. 3. It shall be the duty of the district board of any school district adopting free text-books provided for in this act to make a contract with some dealer or pub- lisher to furnish books used in said district at a price not greater than the net wholesale price of such books : Provided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. (156.) 4778. SEC. 4. The district board of every school district in the state adopting free text-books under this act shall make and prepare annually an estimate of the amount of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates GENERAL SCHOOL LAWS. 55 made for money to be raised for school purposes, for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each town- ship clerk shall certify to the supervisor of his tow r nship to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid. (157.) 4779. SEC. 5. On the first day of February next when director after the tax shall have been levied, the director of said dis- SoS^JS! 8 trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moder- ator, upon the treasurer or assessor of the district for the price of the books so purchased, including the cost of transportation. (158.) 4780. SEC. 6. If the officers of any school dis- J**gjj g trict, which has so voted to supply itself with text-books, duty a misde- shall refuse or neglect to purchase at the expense of the dis- n trict for the use of the pupils thereof, the text-books as enum- erated in section one of this act, or to provide the money there- for as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misde- meanor, and upon conviction thereof before a court of com- Penalty, petent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and im- prisonment, in the discretion of the court: Provided, That proviso, any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts Further in cities organized under special charters shall be exempt from P roviso - the provisions of this act, but such districts may, when so authorized by a majority vote of their district boards, submit in cities, the question of free text-books to the qualified voters of said submft^ues- districts. If a majority of the qualified electors vote in favor ofdistrk;t ters of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this sec- tion, was held absolutely void. Bd. of Ed. v. Detroit, 80 / 551. i An Act to prescribe and define a course of studies to be taught in the district schools of this State which shall be known as the AGRICULTURAL COLLEGE COURSE. [Act 181, 1897.] (159.) 4791. SECTION!. The People of the State of Miclil- whotopre- gan enact, That the superintendent of public instruction shall of study." 6 56 GENERAL SCHOOL LAWS. prepare for district schools a course of study, comprising the branches now required for third grade certificates, which shall be known and designated "the agricultural college course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate, duly signed by the county commissioner of schools, pupils shall be admitted to the freshman class of the agricultural college without further examination. It shall be the duty of the secretary of the agri- cultural college each year to send to each rural school district in the state a college catalogue, and upon application to furnish to such schools such other information as may be de- sired relative to said college. Such catalogue and other in- formation shall be kept in each school for reference. College catalogue to be forwarded to school districts. An Act authorizing the introduction of the KINDERGARTEN METHOD in the public schools of this State. Duty of dis- trict board. Qualifications of teachers, etc. What children entitled to instruction. Act to apply to certain other schools. [Act 119, 1891.] (160.) 4792. SECTION 1. The People of the State of Michi- gan enact, That in addition to the duties imposed by law upon the district board of every school district in this state, they shall also be empowered to provide a suitable room or apart- ment for kindergarten work, and to supply their district re- spectively with the necessary apparatus and appliances for the instruction of children in what is known as the kinder- garten method. (161.) 4793. SEC. 2. In the employment of teachers it shall be competent for such district board to require qualifi- cations for instruction of children in kindergarten methods, and the district board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe. (162.) 4794. SEC. 3. All children residing within the district between the ages of four and seven shall be entitled to instructions in the kindergarten department of such dis- trict school. (163.) 4795. SEC. 4. The powers and duties herein im- posed or conferred upon the district shall, also be and the same are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and vil- lage of this state; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named herein. GENERAL SCHOOL LAWS. An Act to provide for teaching in the public schools the modes by which the DANGEROUS COMMUNICABLE DISEASES are spread, and the best methods for the restriction and prevention of such diseases. [Act 146, 1895.] (164.) 4796. SECTION 1. The People of the State of Michi- Methods of gan enact, That there shall be taught in every year in every public school in Michigan the principal modes by which each of the dangerous communicable diseases are spread, and the best methods for the restriction and prevention of each such disease. The state board of health shall annually send to the public school superintendents and teachers throughout this state printed data and statements which shall enable them to comply with this act. School boards are hereby re- quired to direct such superintendents and teachers to give oral and blackboard instruction, using the data and state- ments supplied by the state board of health. (165.) 4797. SEC. 2. Neglect or refusal on the part of Penalty for . , j , -. -i .,-, ,-, . . neglect or any superintendent or teacher to comply with the provisions refusal to of this law shall be considered a sufficient cause for dismissal JJSSSonS 1 from the school by the school board. Any school board wil- of this act. fully neglecting or refusing to comply with any of the pro- visions of this act shall be subject to fine the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this state, including schools in cities or villages, whether incorporated under special charter or under the general laws. An Act making an appropriation for the use of the State Board of Health, to enable it to comply with act one hundred and forty-six, of the public acts of eighteen hundred and ninety-five, entitled "An act to provide for teaching in the public schools the modes by which the DANGEROUS COMMUNICABLE DISEASES are spread and the best methods for the restriction and pre- vention of such diseases." [Act 142, 1897.] (166.) 4798. SECTION 1. The People of the State of Michi- Appropriation, gan enact, That the sum of two thousand five hundred dollars SSf^to'dfaw per annum, is hereby appropriated out of the general fund, warrants - to enable the state board of health to comply with section one of act one hundred and forty-six of the public acts of eighteen hundred and ninety-five. Itemized bills for expenses incurred under this act shall be audited by the state board of health, whereupon the auditor general shall draw his warrant for the amounts allowed, not exceeding the amount appropriated, and the amounts thus allowed shall be paid from the state treasury. (167.)" 4799. SEC. 2. The auditor general shall add to Taxes when and incorporate with the taxes for each year the amount SSpStfon of. above appropriated, which, when collected, shall be passed to the credit of the proper fund. 58 GENERAL SCHOOL LAWS. etc., required. Penalty for failure to publish. An Act to provide for the PUBLICATION OF THE PROCEEDINGS OF THE ANNUAL SCHOOL MEETING, and an annual financial statement 'in graded school districts in which a newspaper is published, and to provide for the expense thereof, and fixing a penalty for failure to make such publication. [Act 185, 1897.] Publication of (168.) 4800. SECTION 1. The People of the State of Michi- gan enact, That previous to the third Monday in September of every year, the board of education, or board of trustees, as the case ma}^ be, of any graded school district in this state in which one or more newspapers are published, shall cause to be published in a newspaper published in said district, and designated by said board, also a full and itemized financial statement of the receipts and expenditures of said districts during the preceding school year, the expense of said publi- cation to be paid out of the general fund of the district. (169.) 4801. SEC. 2. If any board of education, or board of trustees, as the case may be, shall neglect to comply with the provisions of this act, each member of any such board shall forfeit the sum of ten dollars. An Act to provide for the purchase and display of UNITED STATES FLAGS in connection with the public school buildings within this State. [Act 56, 1895.] Flags and (170.) 4802. SECTION 1. The People of the State of M ichi- be purchased. 9 an enact, That the board of education or the board of school trustees in the several cities, townships, villages and school districts of this state shall purchase a United States flag of a size not less than four feet two inches by eight feet and made of good flag bunting "A," flag staff and the necessary appliances therefor and shall display said flag upon, near, or in a conspicuous place within, the public school building dur- ing school hours and at such other times as to the said board Expense to be ma J seem proper; and that the necessary funds to defray the sc e hooi e mo f ney^ ex P ense s to be incurred herein shall be assessed and collected in the same manner as moneys for public school purposes are Penalty. collected by law. And the penalties for neglect of duty pro- vided in section two, chapter thirteen of the general school laws, shall apply to any school officer refusing to comply with the provisions of this act. Am. 1897, Act 68. An Act requiring certain RETURNS TO BE MADE FROM INCORPORATED ACADEMIES, and other literary institutions. [Act 19, 1839.] Report to be (171.) 4803. SECTION 1. Be it enacted ~by the Senate and totSStoffSF' House f Representatives of the State of Michigan, That it shall be the duty of the president of the board of trustees of every organized academy, or literary or collegiate institution, here- Time lor displaying. GENERAL SCHOOL LAWS. 59 tofore incorporated or hereafter to be incorporated, to cause to be made out by the principal instructor, or other proper officer, and forwarded, by mail or otherwise, to the office of the super- intendent of public instruction, between the first and fifteenth days of December, in each year, a report, setting forth the contents of amount and estimated value of real estate owned by the corpo- r .ration, the amount of other funds and endowments, and the yearly income from all sources, the number of instructors, the number of students in the different classes, the studies pur sued, and the books used, the course of instruction, the terms of tuition, and such other matters as may be specially re- quested by said superintendent, or as may be deemed proper by the president or principal of such academies or institutes, to enable the superintendent of public instruction to lay before the legislature a fair and full exhibit of the affairs and condi- tion of said institutions. An Act to authorize the faculty of the department of literature, science and the arts, of the UNIVERSITY of Michigan TO GIVE TEACHERS' CERTIFICATES in certain cases. [Act 144, 1891.] (172.) 4804. SECTION 1. The People of the State of Michi- university gan enact, That the faculty of the department of literature, science and the arts, of the university of Michigan, shall give to teach ' etc - to every person receiving a bachelor's, master's or doctor's degree, and also a teacher's diploma for work done in the science and the arts of teaching from said university, a certifi- cate, which shall serve as a legal certificate of qualification to teach in any of the schools of this state, when a copy thereof shall have been filed or recorded in the office of the legal examining officer or officers of the county, township, city or district. Such certificate shall not be liable to be an- of annulling nulled except by the said faculty of the said university; but its c ificate etc - effect may be suspended in any county, township, city or dis- trict, and the holder thereof may be stricken from the list of qualified teachers in such county, township, city or district, r by the legal examining officer or officers of the said county, township, city, or district, for any cause and in the same man- ner that such examining officer or officers may be by law authorized to revoke certificates given by himself or them- selves, and such suspension shall continue in force until re- voked by the authority suspending it. An Act to authorize the STATE BOARD OF EDUCATION TO GRANT TEACH- ERS' CERTIFICATES in certain cases. [Act 136, 1893.] (173.) 4805. SECTION 1. The People of the State of Michi gan enact. That the state board of education is hereby em- cates to powered, and shall grant teachers' certificates without ex- son^etc. er ~ 60 GENERAL SCHOOL LAWS. Proviso. animation to any person who has received a bachelor's, mas- ter's or doctor's degree from any college in this state having a course of study actually taught in such college, of not less than four years, in addition to the preparatory work neces- sary for admission to the university of Michigan, upon the recommendation from the faculty of such college stating that in their judgment the applicant is entitled to receive such cer- tificate and in addition thereto, a course in the science and art of teaching of at least one college year of five and a half hours per week, which shall have been approved by said board of education, which course shall have been taken by such person who shall have received a diploma therefor, and shall include a thorough examination of the applicant by the college grant- ing such diploma, as to qualification and fitness for teaching; and provided that if said person furnishes to said board satis- factory proof of having successfully taught for three years in the schools of this state, said certificate shall be a life cer- tificate. If such proof is not furnished said board, then such certificate shall be for four years only, and a life certificate may at any time thereafter be issued by said board upon the filing of such proof. Such certificate shall entitle the holder to teach in any of the schools of this state without examina- tion, provided a copy of the same shall have been filled [filed] or recorded in the office of the legal examining officer or officers of the county, city, township or district in which such person is to teach, and shall be annulled only by the state board of education, and by it, only for cause. Duty of board. (174.) 4806. SEC. 2. It shall be the duty of the said board of education to carefully examine any course of study in the science and art of teaching that may be submitted to it by the trustees of any college, and, if satisfactory, to furnish such trustees with a written certificate approving the same. when instruc- (175.) 4807. SEC. 3. If, at any time, the said board of e( lucation shall conclude that any college, the graduates of which may desire to receive such certificate, is not giving such instruction in the science and art of teaching and in the other branches as shall be approved by said board, then said board shall so determine by a formal resolution, and shall give notice thereof to the trustees of such college, and thereafter no teach- ers' certificates shall be given by said board to the graduates of such college until said board shall be satisfied that proper instruction in the science and art of teaching and in [the] other branches is given by such college, and shall certify such fact to the trustees of such college. Annulled by whom. GENERAL SCHOOL LAWS. 61 COUNTY COMMISSIONERS AND SCHOOL EXAMINERS. An Act to provide for the election of a COUNTY COMMISSIONER OF SCHOOLS, for the appointment of SCHOOL EXAMINERS, [and] to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act. [Act 147, 1891.] (176.) 4808. SECTION 1. The People of the State of Michi- Election of gan enact. That at the meetings of the several boards of super- mfisione^of visors of the different counties of the state, to be held on the schools. fourth Monday in June, eighteen hundred ninety-one, the said several boards of supervisors shall elect a county commis- sioner of schools for their respective counties, whose term of Term of office, office shall commence on the fourth Tuesday of August next following, who shall hold his or her office until the first day of July, eighteen hundred ninety-three, or until his or her suc- cessor shall be elected and qualified. Said board of super- Appointment visors shall also on said fourth Monday of June, appoint two examiners persons as school examiners, who, together with said commis- sioner of schools, shall constitute a board of school examiners. One of said school examiners shall be appointed for a period Term of office, of one year and the other for a period of two years, from and after the second Monday of October next after their appoint- ment, or until their successors have been appointed and quali- fied; and thereafter such boards of supervisors shall, at each Annual annual session, appoint one examiner who shall hold his office for a period of two years, or until his successor shall have been appointed and qualified. Any person shall be eligible who eligible to the office of examiner who shall hold, or shall have held within -three years next preceding his appointment, at least a second grade certificate, and has taught in the public schools at least nine months, or who has the qualifications required of commissioner in section three of this act, except an ex- perience of twelve months as teacher: Provided, That this shall not apply to present incumbents of the office of school ex- aminer. In case a vacancy shall occur at any time in the vacancy, how office of school examiner, the judge of probate, together with nlled - the board of school examiners of the county in which such vacancy shall have occurred, shall, within ten days after the occurrence of such vacancy, appoint some suitable person to fill such vacancy. And the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days oath of office, after such commissioners or examiners shall have received legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall be. filed with the county clerk. The said county commissioner, Bond, so appointed, shall execute a bond with two sufficient sureties to be approved by and filed with the county clerk, in the penal 62 GENERAL SCHOOL LAWS. sum of one thousand dollars, conditioned that he or she shall faithfully discharge the duties of his or her office according to law, and to faithfully account for and pay over to the proper persons all moneys which may come into his or her hands by reason of his or her holding such office; and there- upon the county clerk shall report the name and postoffice address of such county commissioner to the state superin- tendent of public instruction. County clerk to report address to. Am. 1893, Act 140 ; 1895, Act 66 ; 1901, Act 43. This act supersedes chap. 12 of the primary school law (in Chapter 116). As to the election of school examiner under that law, as amended by Act 266 of 1887, see Conrad v. Stone, 78 / 635. (177.) 4809. SEC. 2. There shall be elected at the elec- ^ Qn ^gi^ on ^ ne g rs ^ Monday in April, nineteen hundred and three, and every fourth year thereafter, in each county, one Term of office, commissioner of schools, whose term of office shall commence on the first day of July next following his or her election, and who shall continue in office four years or until his or her suc- cessor shall be elected and qualified. The county commis- sioner of schools elected under the provisions of this section shall file with the county clerk for the county for which he or she is elected his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of public instruc- tion in all respects as provided in section one of this act. Election of commissioner. To file oath and bond. Eligibility to office of. Proviso. Am. 1901, Act 35. (178.) 4810. SEC. 3. Persons eligible to hold the office of commissioner of schools must possess, besides an experi- ence of twelve months as teacher in the public schools of the state, one of the following qualifications: Must be a graduate of the literary department of some reputable college, uni- versity or state normal school, having a course of at least three years, or hold a state teacher's certificate, or be the holder of a first grade certificate, but said first grade certificate shall only qualify the holder thereof to hold the office of com- missioner in the county where such certificate was granted: Provided, That persons who have held the office of commis- sioner of schools under the provisions of act number one hun- dred forty-seven, public acts of eighteen hundred ninety-one, shall be eligible. In counties having less than fifty districts subject to the supervision of the county commissioner, a per- son holding at the time of his or her election a second grade certificate shall be eligible. Am. 1895. Act 66. QUALIFICATIONS OF COMMISSIONER: A high school is not a col- lege within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by la\v. or one granted without any examination, or one granted upon public examina- tion after election as commissioner, does not qualify. Holding- the office of secretary of the board of examiners under Act 266 of 1887 (amendatory of chap. 12 of the primary school law, now superseded) is not a qualification. GENERAL SCHOOL LAWS. . 63 People v. Hewlett, 94 / 165. The legislative intent is to keep up the standard of teachers by requiring certain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work. People v. Hewlett, 94 / 169. (179.) 4811. SEC. 4. The board of school examiners Board to shall, for the purpose of examining all persons who may offer themselves as teachers for the public schools, hold two regu- lar public examinations in each year at the county seat, which examinations shall be [begin] on the last Thursday of March and the third Thursday of August in each year. From these two examinations certificates of all grades may be granted. The said board of examiners may also in their discretion hold two other regular public examinations, which shall begin on examinations. the third Thursday of June and October and at such places as in the judgment of the board the best interests of the teachers may require. From these two examinations only certificates what certm- of the second and third grade may be granted. It shall be the duty of the county commissioner to make out a schedule of the times and places of holding such examinations and to schedule of cause it to be published in one or more newspapers of the e> county at least ten days before such examination. Am. 1893, Act 34 ; 1895, Act 66 ; 1901, Act 99. People v. Hewlett, 94 / 170. (180.) 4812. SEC. 5. The board of school examiners Meeting of shall meet on the Saturday of the week following each public examination held according to the provisions of section four of this act and shall grant certificates to teachers in such form as the superintendent of public instruction shall pre- scribe, licensing as teachers all persons who have attained the age of eighteen years, who have attended such public ex- aminations, and who shall be found qualified in respect to good morai character, learning and ability, to instruct and govern a school, but no certificate shall be granted to any per- son who. having arrived at the age of twenty-one years, is not a citizen of the United States, and who shall not have passed a satisfactory examination in orthography, reading, writing, grammar, geography, arithmetic, theory and art of teaching, United States history, civil government, and physiology and hygiene with reference to the effect of alcoholic drinks, stimu- lants and narcotics upon the human system: Provided, That any commissioner may, upon the request of any holder of a second grade certificate, send the papers written by such person, properly certified and under seal, to the county board of school examiners of any other county for their examina- tion, and such board of school examiners may, in their discre- tion, receive such papers, and if they accept them, shall treat them in the same manner as if written at a public examination in their own county. The board of examiners shall have the ^av renew d right, however, to renew without examination the certificates certificates of persons who shall have previously attained an average examination. 64 GENERAL SCHOOL LAWS. Signing of certificates. standing of at least eighty-five per cent in all the studies covered in two or more previous examinations and who shall have been since such last named examination continuously and successfully teaching in the same county: Provided further, That in the renewal of a certified first grade certifi- cate the person shall not be restricted to teaching in any one county. All certificates shall be signed by the county commis- sioner and by at least one of the members of the board of examiners. No person shall be considered a qualified teacher within the meaning of this -act, nor shall any school officer employ or contract w r ith any person to teach in any of the public schools under the provisions of this act who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination questions shall be prepared and furnished by the superintendent of public- instruction, to the county commissioner, under seal, to be opened in the presence of the applicants for certificates on the day of examination. Am. 1901, Act 99. People v. Hewlett, 94 / 170; O'Leary v. Sch. Dist., 118 / 469. (181.) 4813. SEC. 6. There shall be three grades of certificates granted by the board of school examiners, in its discretion, and subject to such rules and regulations as the superintendent of public instruction may prescribe, which grades of certificates shall be as follows: The certificate of the first grade shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the state for four years: Provided, That all ex- amination papers for first grade certificates, favorably passed upon by the board of examiners, together with such certificate shall be forwarded to the superintendent of public instruction within ten days from date of examination for inspection : Pro- vided further, That any applicant for a first grade certificate who feels that the county board of school examiners have not given his papers the credit due them, may order them sent to the state superintendent of public instruction for inspection; and if the standings given by the state superintendent of public instruction are sufficient for his indorsement of the certificate, the county board of school examiners shall issue such certificate, unless they shall give reasons satisfactory to superintendent of public instruction for withholding the same: And provided further, That no first grade certificate shall be valid in any county other than that in which it is granted, unless approved and countersigned by the superin- tendent of public instruction and a copy filed with the county commissioner in the county in which the holder of said cer- tificate desires to teach. The certificate of the second grade shall be granted only to those who shall have taught at least seven months with ability and success, and it shall be valid throughout the county for which it shall be granted for three Superintend- ent of public instruction to prepare exam- ination ques- tions. Grades of certificates. First grade. Proviso. Dissatisfac- tion of appli- cant. 1'rovisoas to where first grade to be used. Second grade. GENERAL SCHOOL LAWS. 65 years. The certificates of the third grade shall be divided into Third grade, two classes known as A and B. Third grade certificates of two classes - <-lass A shall be granted only to persons who have taught suc- cessfully and continuously for at least three years next preced- ing the examination, in primary departments of graded schools, and the [certificate] certificates of this class shall entitle the holder to teach in primary departments of graded schools only. Third grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted, for one year; but no more than three certifi- cates of this class shall be granted to the same person : Pro- Proviso as .-.,,,,, ' . . iiii to special vided, That the county commissioner shall have power upon certificates, personal examination satisfactory to himself or herself to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted, but such certificate shall not continue in force beyond the time of the next public examination and in no case shall a second special certificate be granted the same person, and it shall not in any way exempt the teacher from a full examination. Am. 1893, Act 34; 1901, Act 99. CERTIFICATES : The general policy of the school law is that schools Teachers' shall be taught by qualified teachers, but necessities may arise where this certificates, cannot be done. When such necessity arises, the district may employ a teacher without a certificate, if the board is satisfied of his qualifications and pay him out of any moneys except primary school money and mill tax. Hale v. Risley. 69 / 596. As to the liability of the district for such services, see Id. ; Stockdale v. Sch. Dist., 47 / 226 ; Crane v. Sch. Dist., 61 / 299 ; Smith T. Sch. Dist., 69 / 589. See Sch. Dist. v. Crook, 47 / 112. A certificate issued to one who has not taken an examination at all and whose qualifications are not ascertained upon an examination, is not such a certificate as the law provides for. People v. Howlett, 94 / 170-1. The action of the board of examiners in refusing a certificate cannot be questioned by the rejected -applicant in a suit to recover wages she would have earned under her con- tract but for such adverse action. Lee v. Sch. Dist., 71 / 361. A certificate, issued for three years, cannot be legally extended by the secretary, by being changed to read for four years, after the board of examiners who issued it liave gone out of office. Bryan v. Sch. Dist., Ill / 67. SPECIAL CERTIFICATES : The secretary of the board (under the old law) had no right, after the refusal of the board to grant a certificate, to issue a special certificate to the rejected applicant. Lee v. Sch. Dist., 71 / 361. The object of a special certificate is to bridge over the time between the commencement of a school and the next meeting of the examiners and such a certificate has life only until the next regular examination. Id. ; People T. Howlett, 94 / 170. (182.) 4814. SEC. 7. The board of school examiners suspension of may suspend or revoke any teacher's certificate issued by them etc. tlfi for any reason which would have justified said board in with- holding the same w r hen given, for neglect of duty, for incom- petency to instruct or govern a school, or for immorality, and the said board may, within their jurisdiction, suspend for im- morality or incompetency to instruct and govern a school the effect of a-ny teacher's certificates that may have been granted by other law r ful authority: Provided, That no certificate shall Proviso. be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose. Carver v. Sch. Dist., 113 / 524. IMMORALITY : A communication representing that a certain person was of bad moral character and unfit to have the care of a school, made in good 9 66 GENERAL SCHOOL LAWS. faith for the purpose of preventing such person's teaching the school, is privileged and is justified by proof that he is a blasphemer, habitually pro- fane and a Sabbath-breaker. Wieman v. Mabee, 45 / 484. Duty of commissioner. Notice of qualification. Record of examinations, etc. Of fees. Record of certificates. List of teachers, etc. To visit schools, etc. Proviso as to assistant visitors. Counsel with teachers, etc. Improvement of schools, etc To receive annual re- ports, etc. (183.) 4815. SEC. 8. It shall be the duty of the county commissioner: First, Immediately after his or her qualifica- tion as commissioner, to send notice thereof to the superin- tendent of public instruction and the chairman of each town- ship board of school inspectors of the county; Second, To keep a record of all examinations held by the board of school examiners and to sign all certificates and other papers and reports issued by the board; Third, To receive the institute fees provided by law and to> pay the same to the county treasurer quarterly, beginning: September thirty, in each year; Fourth, To keep a record of all certificates granted, sus- pended or revoked by the said board or commissioner, show- ing to whom issued, together with the date, grade, duration of each certificate and, if suspended or revoked, with the date and the reason thereof; Fifth, To furnish, previous to the first Monday in Septem- ber in each 3 r ear to the township clerk of each town in the county a list of all persons legally authorized to teach in the county at large during the current school year, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation; Sixth, To visit each of the schools in the county at least once in each year and to examine carefully the discipline, the mode of instruction, and the progress and proficiency of pu- pils: Provided, That in counties containing one hundred twenty or more districts the commissioner of schools is hereby authorized to appoint such assistants as may be necessary y who shall perform such duties as said commissioner shall direct: Provided, That in counties containing less than one hundred twenty districts such assistants shall be appointed with the consent of the board of supervisors: Provided fur- ther, That the whole expense incurred by such assistants shall not exceed the sum of ninety dollars in one year in any county; Seventh, To counsel with the teachers and the school board as to the course of study to be pursued, and as to any improve- ment in the discipline and instruction in the schools; Eighth, To promote by such means as he or she may devise, the improvement of the schools in the county, and the eleva- tion of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of institutes appointed by the superintendent of public instruction and per- form such other duties pertaining thereto as the superin- tendent shall require; Ninth, To receive the duplicate annual reports of the sev- eral boards of school inspectors, examine into the correctness of the same, requiring them to be amended when necessary. GENERAL SCHOOL LAWS. 67 endorse his or her approval upon them, and immediately there- after and before the first day of November in each year, trans- mit to the superintendent of public instruction one copy of each said reports and file the other in the office of the county clerk ; Tenth, To be subject to such instructions and rules as the subject to superintendent of public instruction may prescribe; to receive all blanks and communications that may be sent to him or her by the superintendent of public instruction and to dispose of etc. the same as directed by the said superintendent, and to make annual reports at the close of the school year to the superin- tendent of public instruction of his or her official labor, and of the schools of the county, together with such other informa- tion as may be required; Eleventh, To perform such other duties as may be required other duties. of him or her by law, and at the close of the term of office to deliver all records, books and papers belonging to the office, to his or her successor. Am. 1901, Act 99. (184.) 4816. SEC. 9. It shall be the duty of the chair- Duty of man of the board of school inspectors of each township: First, To have general supervisory charge of the schools of supervision of his township, subject to such advice and direction as the sc ols ' etc ' county commissioner may give; Second, To make such reports of his official labors and of TO make the condition of the schools as the superintendent of public reports ' etc - instruction may direct or commissioner request. (185.) 4817. SEC. 10. The compensation of each com- compensation missioner shall be determined by the board of supervisors of sioner^ mi each county respectively, but the compensation shall not be fixed at a sum less than five hundred dollars per annum in any county where there are fifty schools under his or her super- vision ; at not less than one thousand dollars per annum where there are one hundred schools under such supervision; and not less than twelve hundred dollars w r here there are one hun- dred and twenty-five schools under his supervision; and in no case shall such compensation exceed the sum of fifteen hun- dred dollars per annum. Each member of the board of school of examiners, examiners other than the county commissioner shall receive four dollars for each day actually employed in the duties of his office. The compensation of any assistant visitor, when or assistant appointed as provided in this act, shall be determined by the visitors - county commissioner, but in no case shall it exceed three dol- lars for each day employed. The compensation of the county TO be paid commissioner, members of the board of school examiners and ( i uarterl y- of any assistant visitor shall be paid quarterly from the county treasury, upon such commissioner or visitor filing with the county clerk a certified statement of his or her account, which shall give in separate items the nature and amount of the ser- 68 GENERAL SCHOOL LAWS. vice for each day for which compensation is claimed: Pro- vided, That in no case shall the county commissioner receive any order for compensation from the county clerk until he has filed a certified statement from the superintendent of public instruction that all reports required of the commissioner have been properly made and filed with said superintendent: Pro- vided further, That no commissioner shall receive an order for compensation until he shall have filed with the county clerk a detailed statement under oath showing what schools have been visited by him during the preceding quarter and what amount of time was employed in each school, naming the town- of contingent ship and school district. The necessary contingent expenses expenses. n Proviso. Further proviso. Limit of. commissioner for printing, postage, stationery, record books and rent of rooms for public examinations shall be audited and allowed by the board of supervisors of the county, but in no county shall the expenses so allowed exceed the sum of two hundred dollars per annum and no traveling fees shall be allowed to the commissioner or to any assistant visitor or school examiner. ASSISTANT VISITOR : Mandamus to compel the payment of an assist- ant visitor of schools, for services rendered under this act, was denied, when the commissioner had not determined the compensation, as required. Hicks v. Wayne Co. Auditors, 97 / 611. who shall not (186.) 4818. SEC. 11. No superintendent of public in- act as agent, struction, instructor at institute, county commissioner or ex- aminer, shall act as agent for the sale of any school furniture, text-books, maps, charts or other school apparatus. Of vacancies. Licensing and employment of teachers. Proviso as to cities employ- ing superin- tendent and principal. Am. 1895, Act 66. (187.) 4819. SEC. 12. Whenever by death, resignation, removal from office or otherwise a vacancy shall occur in the office of the county commissioner of schools, the county clerk shall issue a call to the chairman of the township board of school inspectors of each township in the county, who shall meet at the office of the county clerk on a date^to be named in said [notices] notice not more than ten days from the date of the notice, and appoint a suitable person to fill the vacancy for the unexpired portion of the term of office. (188.) 4820. SEC. 13. The officers of every school dis- trict, except as hereinafter provided, which is, or shall here- after be, organized in whole or in part in any city or village in this state, which is incorporated under the general laws or by special enactment, in which enactment special provisions exist in regard to licensing teachers, shall employ only such teachers as are legally qualified under the preceding sections of this act: Provided, That in incorporated cities employing a principal of the high school and also a superintendent of schools, who gives not less than one-half of his time to school supervision, the superintendent of schools and the board of GENERAL SCHOOL LAWS. 69 education, or a committee thereof, shall be empowered to ex- amine their teachers and grant certificates to such as are not already legally qualified, at such times and in such form as the superintendent of public instruction shall prescribe: And Provision as to provided further, That cities having a special and thoroughly equipped normal training department, under control of a ment - special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of the teachers. Any board of when primary education that shall violate the provisions of this act by em- ploying a teacher who is not legally qualified, shall forfeit forfeited - such a proportion of the primary school interest fund as the number of unqualified teachers employed bear to the whole number of teachers employed in the district. All school dis- tricts organized by special enactment shall, through their proper officers, make such reports as the superintendent of public instruction may require. Am. 1895, Act 66; 1901, Act 99. Section 14 repeals "all acts or parts of acts conflicting with the provisions of this act." As to one effect of this repeal, see Perrizo v. Kesler, 93 / 284. An Act to provide for the EXAMINATION OF CANDIDATES FOR ADMISSION TO THE AGRICULTURAL COLLEGE by county commissioners of schools. [Act 101, 1895.] (189.) 4821. SECTION 1. The People of the State of Michi- gan enact, That it shall be the duty of the state superintendent of public instruction to secure, at least twice each year, from instt the president -of the Michigan agricultural college, a set of ex- amination questions in all the studies required for admission to said college. It shall also be the duty of the state super- intendent of public instruction to send a printed list of said examination questions to each count}' commissioner of schools. (190.) 4822. SEC. 2. It shall be the duty of each county county conv commissioner of schools to give public notice of this examina- tion at the time of all regular teachers' examinations, and to submit the questions aforesaid to any candidate who may de- sire to enter the. agricultural college. The examination shall be conducted in the same manner as are the regular teachers' examinations of the county. The work of each and every can- didate, together with the name and address, shall be for- warded by the commissioner, within five days from the date of the examination, to the president of the college, who shall examine and grade the answers and report to the candidate within five days of the receipt of the paper the result of the examination. "A standing of seventy per cent in each branch will admit to freshman class of the college without further examination. 70 GENERAL SCHOOL LAWS. Petiti9n for organization board, etc. TOWNSHIP SCHOOL DISTRICTS IN THE UPPER PENINSULA. An Act for the organization of TOWNSHIP SCHOOL DISTRICTS in the UPPER PENINSULA. [Act 176, 1891.] (191.) 4823. SECTION 1. The People of the State of Michi- gan enact, That whenever the qualified electors of any or- ganized township in the upper penirisula desire to become organized into a single school district, they may petition the township board to give notice that at the succeeding township meeting the officers for such organized school district will be chosen, and such other business transacted as shall be neces- sary thereto. Such petition shall be signed by a majority of the qualified electors of the township and shall be filed in the office of the township clerk at least fifteen days prior to the cierk to notify annual township meeting. Upon the receipt and filing of said petition, the township clerk shall notify the members of the township board and the school [inspector] inspectors of the township to attend a special meeting to be held not more than five days thereafter, and at which meeting it shall be the duty of such township board to compare the names signed to the petition with the names appearing on the list of registered voters qualified to vote at the preceding election, and if it be found that a majority of the voters qualified to vote at the preceding election have signed the petition that the organized township of w r hich they are resident be organized as a single school district, they shall give notice that at the then succeed- ing township meeting officers will be chosen for such or- ganized school district; and shall make and file, t>oth with the county clerk and the secretary of the board of school in- spectors of the county in which such township is located, a certified copy of the above mentioned petition together with their finding and doings thereon, and thereupon such township shall become a single school district which shall be subject to all the general laws of the state, so far as the same may be applicable, and said district shall have all the powers and privileges conferred upon union school districts by the laws of this state, all the general provisions of which relating to common or primary schools shall apply and be enforced in said district, except such as shall be inconsistent with the pro- visions of this act, and all schools organized in said district in pursuance of this act, under the directions and regulations of said board of education shall be public and free to all persons actual residents within the limits thereof, be- tween the ages of five and twenty years, inclusive, and to such other persons as the board of 'education shall admit: Pro- vided, That whenever the majority of electors in any surveyed township in such organized township shall petition the board of education to establish a school or schools therein, the said To be single districts, etc. Proviso. GENERAL SCHOOL LAWS. 71 board of education are hereby authorized and directed within three months thereafter to organize such school or schools therein. This act is constitutional. Perrizo v. Kesler, 93 / 280 ; Keweenaw Ass'n v. Sen. Dist., 98 / 441. The provision, authorizing the township board and school inspectors to determine whether a majority of the qualified electors of the township have signed the petition, is sufficient. Id. As to filing a certified copy of the petition, etc., with the county commissioner of schools, instead of with the secretary of the board of school inspectors, see Id. 284. (192.) 4824. SEC. 2. The officers of said district shall Board of edu- consist of two trustees, who, together with the clerk and consut^te t( school inspectors of said township, shall constitute the board of education of said district. Said trustees shall be elected by ballot at the annual township meeting of the township, upon the same ticket and canvassed in the same manner as town- ship officers required by law to be elected by ballot: Provided, proviso. That at the annual election to be held in said township next subsequent to the filing of the petition as set forth in section one of this act there shall be elected tw r o trustees for said district by the electors thereof, one of whom shall hold his Term of office, office for the term of one/ year and the other one for the term of two years, and until their successors shall be elected and qualified, and the time for which the person voted for is in- tended shall be designated on the ballot, and at each election TO be thereafter to be held one trustee shall be elected in said dis- on1>tiiot ed trict, who shall hold his office for the term of two years, and until his successor shall be elected and qualified, said trustee to be designated on the ticket or ballot for "member of board of education." Am. 1893, Act 104. Perrizo v. Kesler, 93 / 283. (193.) 4825. SEC. 3. Within five days after the annual election the township clerk shall notify, in writing, the per- sons elected trustees under this act of their election, and within five days thereafter said trustees so elected shall take and subscribe the oath of office prescribed by the constitution of this state, before any officer authorized to administer oaths, and file the same with the township clerk. The term of office of the [trustee] trustees of said district shall commence on the second Monday following the annual township election at which they are elected. (194.) 4826. SEC. 4. The members of the board of edu- organization cation shall meet on the third Monday of April of each year, at the office of the township clerk, and organize. The school in- spector of the township whose term of office will soonest ex- pire shall be president of the board and shall be entitled to vote in all cases. In the absence of the president at any meet- ing a majority of the members present may choose one of their own number president pro tern. The township clerk of said cierk. township shall be ex officio clerk of said board of education, 72 GENERAL SCHOOL LAWS. and shall be entitled to vote thereon, and in case of the ab- sence of said clerk the board may choose some suitable person Treasurer. to perform his duties. Said board shall on said third Monday of April in each year elect from their own number a treasurer, who shall hold his office for one year and until his successor is elected and qualified and may at any time fill a vacancy in the proviso. office of treasurer: Provided, That the person appointed to fill a vacancy in the office of treasurer shall hold the office for the unexpired portion of the term only. The treasurer of said board shall, within five days after his appointment as such treasurer, file with the clerk of said board the constitutional TO give bond, oath of office. He shall also, before entering upon the duties of his office, give a bond to said district in such sum and with such sureties as said board shall determine and approve, con- ditioned for the faithful performance of his duties under this act, and honestly accounting for all moneys coming into his hands belonging to said district. The treasurer of said board shall have the keeping of all school and library moneys, and shall not pay out the same without the authority of the board, upon warrants or orders drawn upon him and signed by the clerk and countersigned by the president. vacancies. (195.) 4827. SEC. 5. Said board of education shall have power to fill vacancies that may occur in the office of trustee until the next annual election, and such trustee shall file with the clerk of said board his oath of office within five days after such appointment by the board. Quorum, (196.) 4828. SEC. 6. A majority of the members of said meetings, etc. b oar( j s hall constitute a quorum, and the regular meetings of said board shall be held on the third Monday of April, August and December in each year, and no notice of such meeting shall be required, and any two members of said board shall be sufficient to adjourn any meeting from time to time until a quorum is present. Special meetings of said board may be called at any time on the request of the president, or any two members thereof, in writing, delivered to the clerk; and the clerk upon receiving such request shall at once notify each member of -said board, if w r ithin said district, of the time of holding such meeting, which shall be at least three days sub- sequent to the time of receiving such request by said clerk. All [the] meetings of said board shall be held at the township clerk's office, unless otherwise ordered by a resolution of the board; and all records and papers of said district shall be kept in the custody of said clerk and shall be open to the inspection of any taxpayer of said district. Board to report, etc. Schafer v. Sch. Dist., 116 / 206. (197.) 4829. SEC. 7. The said board shall be the board of school [inspection] inspectors for said district and shall, as such, report to the clerk of the county in which such township is located and shall have all the powers and perform all the GENERAL SCHOOL LAWS. 73 duties now enjoyed and performed by boards of school inspect- ors, and the president of said board shall perform all the du- ties required by law of the chairman of the board of school in- spectors, and the board of school inspectors for such town- ship is hereby abolished except as its powers are vested in said board of education. (198.) 4830. SEC. 8. The board of education of said dis- Powers of trict shall have power and authority to designate and pur- to chase school house sites, erect buildings and furnish the same, employ legally qualified teachers, provide books for district li brary,make by-laws relative to taking the census of all children in said district between the ages of five and twenty years, and to make all necessary reports and transmit the same to the proper officers, as designated by law, so that the district may be entitled to its proportion of the primary school fund; and said board shall have authority to make all needful regula- tions and by-laws relative to visitation of schools; relative to the length of time schools shall be kept, which shall not be less than three months in each year; relative to the employment of teachers duly and legally qualified; relative to the regulations of schools and the books to be used therein, and generally to do all things needful and desirable for the maintenance, pros- perity and success of the schools of said district, and the pro- motion of a thorough education of the children thereof. It Treasurer to shall be the duty of the treasurer of said board to apply for SSney's!* and receive from the township treasurer or other officer hold- ing the same, all moneys appropriated for primary [schools] school and district library of said district. Perrizo v. Kesler, 93 / 283. (199.) 4831. SEC. 9. At each annual township meeting Tax for school held in said township, the qualified electors present shall de- r termine the amount of money to be raised by tax for all school purposes for the ensuing year: Provided, That in case the Proviso, electors at any annual township meeting shall neglect or re- fuse to determine the amount to be raised as aforesaid, then the board of education shall determine the same at any regu- lar meeting thereof, which amount the township clerk shall, within sixty days thereafter, certify to the supervisor of the township, who shall spread the same upon the regular tax roll of said township, and the same shall be levied, collected and returned in the same manner as other township taxes: Pro- vided, That for purchasing school lots and for erecting school- houses, no greater sum than three mills on the dollar of all the taxable valuation of the real and personal property in said township shall be levied in any one year. Auditor General v. Duluth, South Shore, etc., 11G / 122 ; Auditor General v. Sparrow, 116 / 576. 10 74 GENERAL SCHOOL LAWS. Of assessment roll. Treasurer to report, etc. (200.) 4832. SEC. 10. All taxes assessed within said township for school purposes shall be set forth in the assess- ment roll of said township, in a separate column, apart and distinct from all other township taxes. (201.) 4833. SEC. 11. The treasurer of the township shall at any time, at the written request of said board of edu- cation, report to said board the amount of school money in his hands, and shall, on the order of the president of said board of education, pay to the treasurer of said board all such money, taking his receipt therefor, and also a duplicate receipt which he shall file with the clerk of said board. Board to make (202.) 4834. SEC. 12. The said board shall annually, statement, etc. p r j or to the first day of April in each year, make a detailed statement of the number of schools in said district, the num- ber of teachers employed, and the number of pupils instructed therein during the preceding year, and the expenditures of said board for all purposes, and also the resources and liabili- ties of said district, which report or statement shall be en- tered at length in the record of said board and shall be pub- licly read by the president of said board, or in his absence by the clerk thereof, to the electors of said township at their annual meeting on the first Monday of April thereafter at the hour of twelve o'clock noon. (203.) 4835. SEC. 13. All school property, both real and personal, within the limits of a township incorporated as aforesaid, shall, by force of this act, become the property of the public schools of such township, and all debts and liabili- ties of the primary school districts of said township, as they existed prior to its incorporation under the provisions of this act, shall become the debts and liabilities of said public schools of the township so incorporated. Disposition of school property. While the injustice and ineauality of this section may well be admitted, in certain cases, yet there is no constitutional objection to it. Perrizo v. Kes- ler, 93 / 283-4. Of moneys raised by tax. Compensation of board, etc. When town- ship is divided, etc. (204.) 4836. SEC. 14. All money raised or being raised by tax, or accrued or accruing to the school districts of said township, as organized under the primary school laws of this state shall hereby become the money of the public school of the township and no tax heretofore ordered assessed or levied for -school purposes in said township or other proceedings shall be invalidated or affected by means of this act. (205.) 4837. SEC. 15. The compensation of the mem- bers of the board of education shall be one dollar and fifty cents for each day's actual service rendered for said district, and the clerk and treasurer of said board shall receive such compensation for their services as the board may determine, not exceeding fifty dollars each per annum. (206.) 4838. SEC. 16. When any township district shall be divided into two or more townships, the existing board of trustees shall continue to act for all the townships until the GENERAL SCHOOL LAWS. 75 same have been organized and the township boards of trustees duly elected and qualified therein. Immediately after such organization the township boards of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made, said township boards shall make an equitable division of the existing assets and liabili- ties of the school district of such former township, basing their apportionment upon the amount of taxable property in the township divided, as shown by the last assessment roll of such former township. When a township district shall be Alteration of altered in its limits by annexing a portion of its territory to townshl P> etc - another township or townships, the township boards of each of the townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school district of the township from which the territory has been detached, basing their division upon the amount of taxable property, as the same shall ap- pear upon the last assessment roll of such township. TEACHERS' INSTITUTES. An Act to provide for the better SUPPORT OF TEACHERS' INSTITUTES, and to repeal sections three thousand seven hundred and eighty-nine, three thousand seven hundred ninety, and three thousand seven hundred niuety- oiie of the compiled laws of eighteen hundred and seventy-one. [Act 53, 1877.] (207.) 4839. SECTION 1. The People of the State of Michi- gan enact, That all boards or officers, authorized by law to ex- ap^icanfslcor amine applicants for certificates of qualification as teachers, C shall collect, at the time of examination, from each male ap- plicant for a certificate, an annual fee of one dollar, and from each female applicant for a certificate, an annual fee of fifty cents, and the director and secretary of any school board that when^be shall employ any teacher who has not paid the fee hereinbe- director, etc., fore provided, shall collect, at the time of making contract, boa^d. 001 from each male teacher so employed, an annual fee of one dol- lar, and from each female teacher so employed, an annual fee of fifty cents. All persons paying a fee as required by this Receipt, section, shall be given a receipt for the same, and no person shall be required to pay said fee inore than once in any school year. Am. 1S83, Act 112. ACT VALID : This act does not conflict with Const, xiv, 1. on the ground that the fees are specific taxes ; nor on the ground that the fees are not uniform. This section is not defective, incomplete, ineffectual and therefore void. Hammond v. School Board, 109 / 676. (208.) 4840. SEC. 2. All such fees, collected by the di- Disposition rector or secretary of any school board, shall be paid over to the secretarv of the countv board of school examiners of the 76 GENERAL SCHOOL LAWS. county in which they were collected, on or before the fifteenth day of March, June, September and December, accompanied by" a list of those persons from whom they were collected, and all of such fees, together with all those that shall be collected by the county board of school examiners, shall be paid over by the secretary of said board of school examiners to the treas- urer of the county in which they were collected, on or before the last day of March, June, September and December, in each year, accompanied by a complete list of all persons from whom said fees were collected, and a like list, accompanied by a statement from the county treasurer that said fees have been paid to him, shall be sent by said secretary to the superin- tendent of public instruction. All moneys paid over to the county treasurer, as provided by this act, shall be set apart as a teacher's institute fund, to be used as hereinafter provided. Am. Id. Annual county (209.) 4841. SEC. 3. The superintendent of public in- institute. struction shall annually appoint a time and place in each or- ganized county for holding a teachers' institute, make suitable Proviso when arrangements therefor, and give due notice thereof: Provided, That in organized counties having less than one thousand children between the ages of five and twenty years, the hold- ing of such institute shall be optional with the said superin- tendent, unless requested to hold such institute by fifteen teachers of the county in which such institute is to be held: Proviso. Provided, however, That if there shall not be a sufficient num- ber of teachers in any county to make such request, then teachers of adjoining counties who desire to attend such insti- tute may unite in the required application to said superin- Proviso. tendent: Provided, also, That the said superintendent may, in his discretion, hold an institute for the benefit of two or more adjoining counties, and draw the institute fund from each of the counties thus benefited, as hereinafter provided. In case of inability of superintend- ent. Certificate of attendance. Teachers attending not to forfeit wages. Am. 1879, Act 68. (210.) 4842. SEC. 4. The superintendent of public in- struction, in case of inability personally to conduct any insti- tute, or to make the necessary arrangements for holding the same, is hereby authorized to appoint some suitable person for that purpose, who shall .be subject to the direction of said superintendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by the superintendent of public instruction, or by the duly appointed conductor, a certificate setting forth at what ses- sions of said institute such teacher shall have been in attend- ance, and any teacher who shall have closed his or her school, in order to attend said institute, shall not forfeit his or her wages as teacher, during such time as he or she shall have GENERAL SCHOOL LAWS. been in attendance at said institute, and the certificate herein- before provided shall be evidence of such attendance. (211.) 4843. SEC. 5. For the purpose of defraying the Expense of expenses of rooms, fires, lights, or other necessary charges, and for procuring teachers and lecturers, the said superin- tendent, or the person duly authorized by him to conduct said institute, may demand of the county clerk of each county for the benefit of which the institute is held, who shall thereupon draw an order on the county treasurer of his county for such sum, not exceeding the amount of the institute fund in the county treasury, as may be necessary to defray the expenses of said institute; and the treasurer of said county is hereby required to pay over to said superintendent or duly appointed institute, conductor, from the institute fund in his hands, the amount of said order. Am. Id. (212.) 4844. SEC. 6. In case the institute fund in any May draw on county shall be insufficient to defray the necessary expenses ure?. tr< of any institute held under the provisions of this act the auditor general shall, upon the certificate of the superin- tendent that he has made arrangements for holding such in- stitute, and that the county institute fund is insufficient to meet the expenses thereof, draw his warrant upon the state treasurer for such additional sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed one hundred dollars for each institute, and shall be paid out of the general fund. Am. 1899, Act 64. (213.) 4845. SEC. 7. The superintendent is authorized yearly state to hold, once in each year, an institute for the state at large, 1D to be denominated a state institute, and for the purpose of defraying the necessary expenses of such institute, the auditor general shall, on the certificate of said superintendent that he has made arrangements for holding such institute, draw his warrant upon the state treasurer for such sum as said super- intendent shall deem necessary for conducting such institute, which sum shall not exceed four hundred dollars and shall be paid out of the general fund: Provided, That not more than three thousand dollars shall be drawn from the treasury, or any greater liability incurred in any one year to meet the pro- visions of this act. Am. Id. (214.) 4846. SEC. 8. The superintendent of public in- struction or the conductor of the institute by him appointed, drawing money from the county treasurer, under section five of this act, shall, at the close of each institute, furnish to the 78 GENERAL SCHOOL LAWS. county treasurer, vouchers for all payments from the same in accordance with this act, and he shall return to the county treasurer whatever of the amount that may remain unex- pended, to be replaced in the institute fund. compulsory chXdr^nund certain age. Proviso as to taught ?n private school, exem is tin Sto certam SSi- what COMPULSORY EDUCATION. An Act to provide for the COMPULSORY EDUCATION of children, for the PUNISHMENT OF TRUANCY, and to repeal all acts or parts of acts con- flicting with the provisions of the same. [Act 95, 1895.] (215.) 4847. SECTION 1. The People of the State of Michi- $ an enac ^ That every parent, guardian or other person in the state of Michigan having control and charge of any child or children between the the ages of eight and fifteen years and in cities between the ages of seven and fifteen years, shall be re- quired to send such child or children to the public school for a period of at least four months in each school year, except that in cities having a duly constituted police force, the attendance at school shall not be limited to four months beginning on the first Monday of the first term in his or her district after September first of each year. And such attendance, in cities, shall be consecutive until each and every pupil between the ages of seven and fifteen years shall have attended school the entire school year previous to the thirtieth day of June in each school year: Provided, If it be shown that any such child or children are being taught in a private school in such branches as are usually taught in the public schools, or have already acquired the ordinary branches of learning taught in public schools, or if the person or persons in parental relation to such child or children present a written statement that such child or children is or are physically unable to attend school, the truant officer or district board may employ a repu- table physician to examine such child or children, and if such physician shall certify that such child or children is or are physically unable to attend school, such child or children shall be exempt from the provisions of this act: Provided ^ ur ther, That the school boards in cities may on the recom- mendation of the superintendent of schools and of the truant officer, exempt children over fourteen years of age from at- tendance at school for either a part or for the whole of the time until they shall severally reach the age of fifteen years, for any reason that said boards may deem sufficient: And fur ther provided, That in case a public school shall not be taught for four months during the time herein specified, within two miles by the nearest traveled road, of the residence of any such child or children (under nine years of age), shall not be liable to the provisions of this act. Am. 1897, Act 67; 1901, Act 83. See act to punish truancy and prevent crime. Section 11765, Comp. Section 221.. GENERAL SCHOOL LAWS. 79 (216.) 4848. SEC. 2. The district board or board of edu- District board cation in each school district in this state which shall have been organized as a graded school district or as a township district according to the laws of this state (or the school house of which shall be within the corporate limits of any incor- porated village), shall, previous to the tenth day of September of each year, appoint a truant officer for the current school year (and until his successor shall be appointed and qualified, and shall fill any vacancy in such office that shall occur during the year); and the district board of any school district having a school population of fifty or more, according to the last school census, may, in its discretion appoint such truant offi- cer. In school districts organized under the primary school in townships law, and having no truant officer appointed by the district truant officers, board, the chairman of the township board of school in- spectors shall be the truant officer, and shall perform all the duties of truant officer, as provided for in this act, so far as the provisions of this law apply to the territory over which he has jurisdiction: Provided, That in cities having a Proviso as to duly organized police force, it shall be the duty of the police or|anS D& authorities, at the request of the school authorities, to detail po ice force - one or more members of such police force to perform the duties of truant officer, providing that nothing herein shall be construed as prohibiting a city board of education from ap- pointing any citizen not a police officer as truant officer. The compensation compensation of the truant officer, in graded school districts officers^ (school districts, the school house of which is within the corporate limits of any incorporated village and in school districts exercising such discretionary appointing power, shall be fixed by the board which appoints), and in townships such compensation shall be fixed by the township board, but in no case shall such compensation be less than one dollar and fifty cents per day for the time actually employed under the direction of the school board in the performance of the official duties of such truant officer. Such compensation shall be allowed and paid to such truant officers in the same manner that other incidental expenses are allowed and paid by such board. Am. 1901, Act 83. (217.) 4849. SEC. 3. It shall be the duty of the school Duty of director at the commencement of each term of school to pro- d vide the teacher with a copy of the last census. At the ex- Duty of piration of each month of school the teacher shall examine teacher - the said census list and report to the proper truant officer the names of such children upon the census list as have not, dur- ing the preceding month, attended school according to the provisions of this act. It shall be the duty of the truant Duties of officer (whenever notified by teacher or other persons of viola- t tions of this act), to investigate all cases of truancy or non- 80 GENERAL SCHOOL LAWS. attendance at school and render all service within his power to compel children to attend school, and when informed of continued non-attendance by any teacher or resident of the school district he shall immediately notify the persons having control of such children that on the following Monday such children shall present themselves with the necessary text- books for instruction in the proper school or schools of the district. The notice shall inform said parent or guardian that attendance at school must be consecutive at least eight half days of each week until the end of that term, except in cities having a duly constituted police force, attendance in school shall be contiuous. In case any parent, guardian or other per- son shall fail to comply with the provisions of this act he shall be deemed guilty of a misdemeanor and shall, on conviction, be liable to a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county or city jail for not less than two or more than ninety days, or both such fine and imprisonment in the discretion of the court. Notice of truant officer to parent or guardian. When parent or guardian guilty of a misdemeanor. Am. Id. Where un- graded school districts may be established for the instruc- tion of certain children. Who deemed juvenile disorderly persons. To be classified into three classes. Truant officer to make com- plaint against parent or guardian for neglect of duty. (218.) 4850. SEC. 4. In all city school districts in this state having a school census of five hundred or more pupils, the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of certain children, as defined and set forth in the following section. They may, through their truant officer and superintendent of schools, require such children to attend said ungraded schools, or any department of their graded schools, as said board of education may direct. (219.) 4851. SEC. 5. The following classes of persons between the ages of eight and fourteen years, and in cities be- tween the ages of seven and sixteen years, shall be deemed juvenile disorderly persons, and shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools as provided in section four of this act: Class one, habitual truants from any school in which they are enrolled as pupils; class two, children who, while attending any school, are incorrigibly turbulent, disobedient or insubordinate, or are vicious or immoral in conduct; class three, children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment or occupation. (220*) 4852. SEC. 0. It shall be the duty of the truant officer, in case of a violation of this law, within one week after he shall have had knowledge, or shall have received notice from a teacher, superintendent, or other person of a non-com- pliance with the notice given to the parent or guardians as specified in section three, to make a complaint against said parent, guardian or other person having the legal charge and control of such child, before a justice of the peace in the city, GENERAL SCHOOL LAWS. 81 Tillage, township or adjoining township, where the party re- sides, except in cities having recorder's or police court, for such refusal or neglect; and said justice of the peace, police Penalty upon judge or recorder's court shall issue a warrant upon said com- conviction - plaint and shall proceed to hear and determine the same, and upon conviction thereof said parent, guardian or other person, as the case may be, shall be punished according to the pro- visions of section three of this act. It shall be the duty of all school officers, superintendents or teachers, to render such assistance and furnish such information as they have at their command, to aid said truant officer in the fulfillment of his official duties. Am. 1901, Act 83. NOTE : The following section repeals Section 7 of Act No. 93 of the public acts of 1895. MISCELLANEOUS OFFENSES. An Act to prevent CRIME and PUNISH TRUANCY. [Act 162, 1883.] (221.) 11765. SECTION 1. That every boy between the what children age of ten and sixteen years, or any girl between the age of ant^dhior- ten and seventeen years, who shall frequent or be found deriy persons, lounging about saloons, disreputable places, houses of ill fame, or who shall be an inmate or resident or a member of a family who reside in any house of ill fame, or conduct any other disreputable place, or who shall frequent other rooms or places w r here dissolute and disreputable people congregate, or where intoxicating liquors are kept for sale, or who shall, against the command of his or her parents or guardian, run away or wilfully absent himself or herself from the school he or she is attending, or from any house, office, shop, firm or other place where he or she is residing or legitimately em- ployed with labor, or who shall against such command of his or her parents or guardian for any immoral, disorderly or dis- honest purposes be found lounging upon the public streets, highways or other public resorts or at places of amusement of dissolute or improper character, or who shall against any such command for any such disorderly or dishonest purpose attend any public dance, skating rink, or show, shall be deemed guilty as a truant or disorderly child. Am. 1895, Act 183; 1897, Act 265. (222.) 11766. SEC. 2. Upon the complaint upon oath and in writing made before any justice of the peace, police jus- tice or other criminal magistrate by the parent or guardian, or other person knowing of the facts of his own knowledge, that any girl between the age of ten and seventeen years, or that any boy between the age of ten and sixteen years, or by 11 82 GENERAL SCHOOL LAWS. the supervisor of any township, or mayor of any city, or presi- dent of any village, and in any city of over eight thousand population by the chief of police, mayor, or other person know- ing of the facts of his own knowledge, that such minor has been guilty of any of the acts specified in section one of this act, such justice of the peace, police justice or other criminal magistrate, shall issue a warrant for the arrest of such minor, and upon conviction such minor, if a boy, may be sentenced by such justice of the peace, police justice or criminal magis- trate, to the industrial school for boys at Lansing, and if a girl, to the industrial home for girls at Adrian, boys until eighteen years of age, and girls until twenty-one years of age, unless sooner discharged according to law: Provided, That no person or persons shall be sent to said industrial school for boys or to the industrial home for girls until the sentence therein has been submitted to and approved by one of the judges of the recorder's court of the city of Detroit, or judge of the superior court of the city of Grand Rapids, or any cir- cuit judge or probate judge of the county in which such conviction shall be had. Term of sen- tence. Pro visa as to approval of sentence. Am. 1899, Act 75. Proceedings upon trial. Duty of state agent. (223.) 11767. SEC. 3. The same proceedings shall be had upon the trial of any person charged with being guilty of any of the offenses mentioned in section one of this act before the justice before whom such person is brought as are had in trials for misdemeanor, as far as the same are applicable, and the state agent for the care of juvenile offenders of the county wherein such offenders may be on trial shall have authority and take the same action in the premises as is provided by act number one hundred and seventy-one of the session laws of eighteen hundred and seventy-three of this state. POWERS, DUTIES, AND OFFICERS OF TOWNSHIPS. (From this chapter we quote only such sections as relate to the election, powers, and duties of SCHOOL INSPECTORS.) Annual meeting. Officers to be elected. (224.) 2275. SEC. 8. The annual meeting of each town- ship shall be held on the first Monday in April in each year, and at such meeting there shall be an election for the follow- ing officers: One supervisor, one township clerk, one treas- urer, one school inspector, one commissioner of highways, so many justices of the peace as there are by law to be elected in the township, and so many constables as shall be ordered by the meeting, not exceeding four in number. Am. 1875, Act 42 : 1881, Act 158. ANNUAL MEETINGS : Annual meetings and general elections distin- guished. People v. Knight, 13 / 242. Annual meeting held outside of town- ship. Id. OFFICERS : The regulation of township affairs, legally concerning none but the people of the town, cannot be lawfully vested in any officers im- posed upon the town from without. Hubbard v. Springwells, 25 / 153, 156. See GENERAL SCHOOL LAWS. 83 People v. Hurlbut, 24/44; Att'y Gen. v. Lothrop, 24 / 235 ; Park Commrs. v. Common Council, 28 / 228 ; Att'y Gen. v. Common Council. 29 / 110 ; Youngblood v. Sexton, 32 / 416, 417 ; Allor v. Wayne Auditors, 43 / 98. (225.) 2276. SEC. 9. Each of the officers named in the officers to be last preceding section, shall be chosen by ballot, and before proceeding to choose the officers hereinafter directed to be chosen at such meeting. As to the last clause, see Section 2309. i (226.) 2283. SEC. 13. Each school inspector elected as Term of office aforesaid shall hold his office for two years from that time and fetors! " until his successor shall be elected and duly qualified, except vacancy, when elected or appointed to fill a vacancy, in which case he shall hold the office during the unexpired portion of the regu- lar term : Provided, That in the year eighteen hundred eighty- two one additional school inspector in each township shall be elected for the term of one year: Provided further, That the township superintendent of schools and school inspectors, now in office shall continue to act as school inspectors, and said superintendent of schools shall continue to act as chairman of the board of school inspectors until the school inspectors pro- vided for by this act shall have been elected and duly qualified and shall enter upon the duties of their respective offices. (227.) 2285. SEC. 15. Each township officer elected at Officers a special meeting to fill a vacancy, shall hold his office during the then unexpired portion of the regular term of the office, and no longer, unless again elected. (228.) 2374. SEC. 95. The following township officers officers com- shall be entitled to compensation at the following rates, for p( each day actually and necessarily devoted by them to the ser- vice of the township, in the duties of their respective offices, to be verified by affidavit, whenever required by the township boards : First, The officers composing the township board, board of registration, board of health, inspectors of election, clerks of the poll, commissioners of the highways and school inspectors, one dollar and fifty cents per day, and at the same rate for parts of days; Second, The township clerk, as clerk of the board of com- missioners of highways, of the township board, and of the board of school inspectors, one dollar and fifty cents per day, and at the same rate for parts of a day; but no township officer shall be entitled to pay for acting in more than one capacity at the same time. Am. 1867, Act 179. ECORSE TOWNSHIP : Act 343 of 1897 provides salaries for certain officers in Ecorse township, Wayne county, as follows : Supervisor, $600 ; township clerk. $300 ; highway commissioner, $300 ; each justice acting on the township board, $50. 84 GENERAL SCHOOL LAWS. Fifteen or more teachers may form corporation. Notice to be published. May hold property. Restrictions upon its use. Privileges and liabilities of -corporations. TEACHERS' ASSOCIATIONS. An Act to incorporate TEACHERS' ASSOCIATIONS. [Act 117, 1855.] (229.) 7730. SECTION 1. The People of the State of Michi- gan enact, Any fifteen or more teachers, or other persons re- siding in this state, who shall associate for the purpose of promoting education and science, and improvements in the theory and practice of teaching, may form themselves into a corporation, under such name as they may choose, providing they shall have published in some newspaper printed at Lansing or in the county in which such association is to be located, for at least one month previous, a notice of the time, place, and purpose of the meeting for such association, and shall file in the office of the secretary of state a copy of the con- stitution and by-laws of said association. (230.) 773i. SEC. 2. Such association may hold and possess real and personal property to the amount of five thousand dollars; but the funds or property thereof shall not be used for any other purpose than the legitimate business of the association in securing the objects of its corporation. (231.) 7732. SEC. 3. Upon becoming a corporation as hereinbefore provided, they shall have all the powers and privileges, and be subject to all the duties of a corporation, according to the provisions of chapter fifty-five of the revised statutes of this state [Chap. 130, compiled laws of 1871], so far as such provisions shall be applicable in such case and not inconsistent with the provisions of this act. Chap. 55 referred to is Sections 8527-51, C. L. 1897. STATE ACCOUNTS. " Public mon- eys "^defined. An Act to provide for the safe keeping of PUBLIC MONEYS. [Act 131, 1875.] (232.) 1197. SECTION 1. The People of the State of Michi- gan enact, That all moneys which shall come into the hands of any officer of the state, or of any officer of any county or of any township, school district, highway district, city, or village, or of any other municipal or public corporation within this state, pursuant to any provision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act. See Fire and Water Commrs. v. Wilkinson, 119 / 659. As to county treasurers, see Perley v. Muskegon Co., 32 / 132. See also Section 2539 and notes. GENERAL SCHOOL LAWS. 85 (233.) 1198. SEC. 2. It shall be the duty of every officer public moneys charged with receiving, keeping or disbursing of public moneys Sp^Srom to keep the same separate and apart from his own money, and another funds, he shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation. (234.) 1199. SEC. 3. No such officer shall, under any HOW used, pretext, use nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation, without legal au- thority so to do. (235.) 1200. SEC. 4. In all cases where public moneys interest on are authorized to be deposited in any bank, or to be loaned to ?o ccSsutu"?! any individual, firm, or corporation, for interest, the interest general fund, accruing upon such public moneys shall belong to and consti- tute a general fund of the state, county, or other public or municipal corporation, as the case may be. (236.) 1201. SEC. 5. In no case shall any such officer, di- officers not to rectly or indirectly, receive any pecuniary or valuable consid- eration as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corporation. (237.) 1202. SEC. 6. The provisions of this act shall ap- provisions of ply to all deputies of such officer or officers, and to all clerks, p^y\o C depu a - p ~ agents, and servants of such officer or officers. ties, etc. (238.) 1203. SEC. 7. Any person guilty of a violation penalty for of any of the provisions of this act shall, on conviction thereof, vision^ff be punished by a fine not exceeding one thousand dollars, or act - imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall pre- Proviso, vent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute. (239.) 1204. SEC. 8. Any officer who shall wilfully or penalty for corruptly draw or issue any warrant, order, or certificate for J^lft o? ay the payment of money in excess of the amount authorized by money, law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section. REGULATIONS RELATIVE TO DOGS AND SHEEP. (From this chapter we quote only the section relating to the apportion- ment of the surplus DOG TAX to school districts.) [Act 48, 1901.] (240.) SEC. 6. At the annual meeting of the township Payment of board in each year, and at a meeting of the common coun- c cil of each city in April of each year, the said board or council, as the case may be, shall examine all certificates of damage filed by the clerk, as aforesaid, during the preceding 86 GENERAL SCHOOL LAWS. year, and if satisfied that in any case or cases the certified damages are excessive, they may reduce the same to such amount as they may consider just, and may order the payment of all such loss as they may deem just, out of the fund aforesaid, if it be sufficient for that purpose, and if not suffi- cient they may order a proportionate payment of each claim. If money remains of such fund, after satisfactory payment of all claims aforesaid in any one year, over and above the sum of one hundred dollars, it shall be apportioned among the several school districts of such township or city in proportion to the number of children therein of school age: Provided, That no payment of loss shall be made as provided for in this section unless the party applying for the same shall make it appear to the satisfaction of the township board or common council that he has made all due efforts and has not been able to obtain satisfaction therefor, from the owner or owners of the dog or dogs which shall have done the damage. Apportion- ment of sur- plus. Proviso. EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC INSTRUC- TION : The apportionment must be based upon the whole number of chil- dren of school age residing in the township, and include all districts whether lying wholly or partly in such township. In case of a fractional district in which the school-house is situated in a different township, the money be- longing to such district must be paid over to the treasurer of the township in which the school-house is situated, and by that treasurer paid to the district in the same way as in the case of the one-mill and other taxes. STATE NORMAL SCHOOLS. An Act to revise and consolidate the laws relative to the STATE BOARD OF EDUCATION. To be a body corporate. To hold prop- erty of normal school, etc. Proviso. Further proviso. [Act 194, 1889.] (241.) 1812. SECTION 1. The People of the State of Michi- gan enact, That for the purpose of rendering more efficient their organization, and to enable them more fully to carry into effect the provisions of the constitution relative thereto, the state board of education shall be and they are constituted a body politic and corporate, and are hereby empowered to pur- chase, have, hold, possess and enjoy to themselves and their successors, all the lands, tenements, hereditaments, goods, chattels and effects of every kind now belonging to the state normal school or that may hereafter be acquired by the same; and the same to grant, alien, invest, sell and dispose of; to sue and [to] be sued, plead and be impleaded, in all the courts in this state; to have and use a seal, and the same to change, alter and renew at pleasure, and to make such by-laws and regulations as they may deem proper for the government and conduct of said [board] and for the transaction of its busi- ness: Provided, The same be not repugnant to the constitu- tion or laws of this state or of the United States: Provided further, That said corporation shall be subject to the pro- GENERAL SCHOOL LAWS. 87 visions of chapter fifty-five of the revised statutes of eighteen hundred and forty-six, so far the same can apply, and are not inconsistent with the provisions of this act. Chapter 55 of the revised statutes of 1846 contains the "general provisions relating to corporations" and will be found in Chapter 230, Sections 8527-51, compiled laws 1897. See acts 138 and 178 of 1849, establishing a state normal school. (242.) 1813. SEC. 2. Said board shall have power to Power of transact all necessary business at any meeting, a quorum be- board - ing present. Said board shall make and provide such by-laws and regulations for the conduct of its business as it shall deem proper. A quorum of said board shall consist of a majority Quorum, of its members. All processes against said board of education Processes. shall be served on the president or secretary thereof. (243.) 1814. SEC. 3. The state board of education shall 4^ normal continue the normal school at Ypsilanti in the county of Wash- tenaw, where it is now located. The purpose of the normal school shall be the instruction of persons in the art of teach- ing, and in all the various branches pertaining to the public schools of the state of Michigan : Provided, There shall be Proviso, prescribed for said school a course of study intended specially to prepare students for the rural and the elementary [graded] schools of the state, which shall provide not less than twenty weeks of special professional instruction. (244.) 1815. SEC. 4. No member of said board of edu- Members not^ cation shall, during his continuance in office, act as the agent !r & puMisners! of any publisher or publishers of school books or school etc> library books, or be or become interested in the publication or sale of any such book or books as agent or otherwise. (245.) 181(). SEC. 5. Said board shall provide all neces- course of sary courses of study to be pursued in the normal school and establish and maintain in connection therewith a fully equipped training school as a school of observation and prac- tice, and shall grant upon the completion of either of said courses, such diploma as it may deem best, and such diploma when granted shall carry with it such honors as the extent of the course for which the diploma is given may warrant and said board of education may direct. (246.) 1817. SEC. 6. Upon the completion of the course specially prescribed as hereinbefore provided for the rural and elementary graded schools, said board of education shall of > etc - upon the recommendation of the principal and a majority of the heads of the departments of said school, grant a certificate which shall be signed by said board and the principal of the normal school, which certificate shall contain a list of the studies included in said course, and which shall entitle the holder to teach in any of the schools of the state for which said course has been provided for a period of five years: Provided, Proviso. That said certificate may be suspended or revoked by said state board of education upon cause shown by any county board of examination, or bv any board of school officers. 88 GENERAL SCHOOL LAWS. Life certifi- cates, when granted, etc. Maybe revoked. Admission of pupils. Proviso. To appoint visitors, report of, etc. Proviso." Report of board, con- tents of, etc. Treasurer. Lands appro- priated, dispo- sition of, etc. (247.) 1818. SEC. 7. Upon the completion of either of the advanced courses of study prescribed by said state board, which shall require not less than four years for their comple- tion, said board of education, upon the recommendation of the principal and a majority of the heads of departments of said school, shall issue a certificate to the person completing said course, which certificate shall be referred to in the diploma hereinbefore provided to be granted. Said certificate shall set forth a list of the studies of the course completed and, when given, shall operate as a life certificate, unless revoked by said state board of education. (248.) 1819. SEC. 8. The board of education shall make such regulations for the admission of pupils to said school as it shall deem necessary and proper: Provided, That the appli- cant shall, before admission, sign a declaration of intention to teach in the schools in this state. (249.) 1820. SEC. 9. Said board of education shall ap- point each year three visitors whose duty it shall be to ex- amine thoroughly into the affairs of the normal school and re- port their views with regard to its condition and any other matters they may judge expedient, to the said board of educa- tion, which report shall be incorporated in the report of the superintendent of public instruction and in the report of said board of education to be made to the legislature as hereinafter provided. Said visitors shall receive two dollars per day for time actually spent in visitation and also their actual travel- ing expenses, to be paid out of the funds of said board : Pro- vided, That not more than two visits shall be made by any board of visitors. (250.) 1821. SEC. 10. Said board of education shall make to the legislature, at every regular session thereof, a re- port setting forth : First, The work done by the school since the last report; Second, The [need] needs and requirements of the school; Third, A report of the principal of the school, concerning such matters pertaining to the school as have been under his immediate direction and control and such recommendations as he may deem desirable to make to the board; and Fourth, A financial statement, showing in detail the moneys received and expended, with an itemized statement of receipts and expenditures, as near as may be. (251.) 1822. SEC. 11. The'board shall elect a treasurer, who shall furnish bonds, with two sureties, in the penal sum of not less than twenty thousand dollars, conditioned for the faithful discharge of his duties. Such treasurer shall receive such compensation as to the board may seem just. (252.) 1823. SEC. 12. The ten sections of salt spring lands located by the board of education under the provisions of sections fifteen and sixteen of "an act to establish a state normal school," approved March twenty-eight, eighteen hun- dred and forty-nine, together with the fifteen sections of said GENERAL SCHOOL LAWS. 89 salt spring lands located under the provisions of section six- teen of said act, and all such lands as may be granted by con- gress or received or set apart in any manner in lieu of any por- tion of said land, to which the title may prove insufficient, and all donations, in land or otherwise, to the state in trust or to the board of education for the support of a normal school, shall constitute a fund to be called the normal school endow- ment fund, and shall be reserved from sale until the same shall be appraised. The minimum price of said lands shall be Minimum four dollars per acre, and it shall be the duty of the officer B authorized to sell said lands, to cause the same to be appraised as soon as practicable, in the manner provided for the ap- praisal of other lands; none of said lands shall be sold for less than the minimum price fixed by law. It shall not be neces- sary to appraise any of said lands which have heretofore been appraised under existing provisions o*f law; and the proceeds of sales of any of said lands heretofore appraised and sold shall constitute a part of the fund herein provided. After such ap- praisal, such land shall be and remain subject to sale at the state land office as is now, or shall be hereafter, provided by law, and the principal shall be and remain a perpetual fund for the use of said institution, except as herein provided. The installments of principal paid by the purchasers shall be paid into the state treasury, and the interest thereon from the time of its receipt, or from the time of the preceding computation of interest as the same may be, shall be computed by the auditor general and the state treasurer at the close of each fiscal year, at the rate of six per cent per annum, and together with all interest paid by purchasers of said lands, shall be passed to the credit of the normal school interest fund. (253.) 1824. SEC. 13. The normal school interest fund, oard toh ave and any moneys which may be from time to time appropriated funds, etc. for the purposes of the said normal school, shall be under the direction and control of said state board of education, subject to the provisions herein contained, and shall be paid to the treasurer of said board from time to time by the state treas- urer on the w r arrant of the auditor general drawn upon the certificate of the president and secretary of said board of education that said money is needed. No such warrant shall be given except on accounts audited and allowed by said board, covering as [nearly] near as may be the amounts previously furnished: Provided, That said board, for the months of Jan- Proviso, uary, February and March, in the years in which the regular sessions of the legislature are held, shall draw money for cur- rent expenses as provided in section four hundred and nine- teen of Howell's annotated statutes. (254.) 1825. SEC. 14. The members of the state board of education shall receive three dollars per day for their actual services, and also their necessary traveling and other expenses, to be paid by the state treasurer out of the general funds in 12 GENERAL SCHOOL LAWS. Meetings of state board of education to examine teach ers and grant certificates. the manner already provided by law for the payment of the accounts of boards of state institutions. (255.) 1826. SEC. 15. Said board shall hold at least two meetings each year, at which they shall examine teachers, and shall grant certificates to such as have taught in the schools of the state at least two years and who shall, upon a thorough and critical examination in every study required for such cer- tificate, be found to possess eminent scholarship, ability, and good moral character. Such certificate shall be signed by the members of said board, and be impressed with its seal and shall entitle the holder to teach in any of the public schools of this state without further examination, and shall be valid for life unless revoked by said board. No certificate shall be granted except upon the examination herein prescribed : Pro- vided, That the said state board of education may, in its dis- cretion endorse state teachers' certificates or normal school diplomas granted in other states, if it be shown to the satisfac- tion of such board that the examinations required or courses of study pursued are fully equal to the requirements of this state. Proviso. theretl? Am. 1895, Act 73. certain text- (256.) 1827. SEC. 16. The said board shall examine all dutyof e boarci text-books in physiology and hygiene offered for use in the public schools of this state, and approve those only which comply with the law relative to the space required to be de- voted to the consideration of the nature and effects of al- coholic drinks and narcotics, as provided in act one hundred and sixty-four of the public acts of eighteen hundred and eighty-seven. It shall also be the duty of said board to dis- tribute to the various educational institutions of the state such specimens of copper, iron and other ores and rocks pre- scribed for such distribution under the provisions of section three of act nine of the public acts of eighteen hundred and seventy-seven, being compiler's section eight hundred and forty-one of HowelPs annotated statutes. The act of 1887 referred to is act 165 instead of 164. It amends Sec. 15, Ch. 3, of the general laws of 1881 relative to public instruction and will be found in Section 4680. See Comp. Section 58. Disposition of (257.) 1828. SEC. 17. All insurance moneys or means insurance collected, received or made available at any time, from policies of insurance, or by reason of insurance policies upon the said normal school buildings and property shall be and the same are hereby designated and set apart as a fund or means for re- building and refurnishing the said buildings. (258.) 1828a. SEC. 18. Any person holding a certificate issued or approved by the authority of the state board of edu- cation, desiring to teach in any school under the jurisdiction of a county commissioner of schools shall file the said certifi- moneys, etc. Certificate filed with county com missioner. GENERAL SCHOOL LAWS. 91 cate, or a copy of the same, in the office of the commissioner of schools in the county in which he or she desires to teach. Added 1901, Act 155. An Act to establish a NORMAL SCHOOL IN CENTRAL MICHIGAN. [Act 261, 1895.] (259.) 1829. SECTION 1. The People of the State of Michi- central yan enact, That a normal school for the preparation and train- sl ing of persons for teaching in the rural district schools, and lisned - the primary departments of the graded schools of the state, to be known as "central Michigan normal school," be estab- lished and continued at the city of Mount Pleasant, in Isabella Bounty, to be located upon block ten of the normal school ad- dition to said city, known as "normal campus," and being a block of land in area between eight and ten acres. (260.) 1830. SEC. 2. The state board of education is state board of hereby authorized and directed to procure a good and suf- p??curedeed licient deed of conveyance, to be accompanied with abstract of title and tax history, to be approved by the attorney gen- eral, conveying to the said board of education and its suc- cessors a good and unincumbered title in fee simple to said lands and buildings thereon, for such school, and a proper article of sale of all the library, school furniture and ap- paratus therein, said lands and buildings and personal pro- perty to be donated to the state of Michigan, in consideration of the establishment of said school, and to be conveyed within thirty days after the passage of this act. (26*1.) " 1831. SEC. 3. Said school shall be under and sub- school to be ject to the control of the state board of education, according of sStebol^ to the provisions of act No. 194 of the public acts of 1889, of of education. Michigan, entitled "an act to revise and consolidate the laws relative to the state board of education, and amendments thereto," which is made applicable to this school, except as herein otherwise provided. The act referred to immediately precedes this. See Comp. Sections 241-58. \n Act to fix the RELATIONS OF THE EXISTING NORMAL SCHOOLS of the State. [Act 175, 1897.] (262.) 1832. SECTION 1. The People of the State of Michi- gan enact, That the state board of education shall maintain ity in studies substantial uniformity and reciprocity in the courses of study ' of the central Michigan normal school and with any related courses which may be offered at the state normal school at Ypsilanti; so that transfer of students from one school to another shall not lead to the loss of standing for similar courses; and shall, upon the completion of the course by any 92 GENERAL SCHOOL LAWS. What certifi- cate to be granted teachers. Certificate to entitle holder to what. Certificates for two years to issue, when, Renewal. Certificates for three years to issue, when. Renewal. State board of education to continue the grant of cer- tain certifi- cates. State normal school desig- nated as state normal college when. student in the central Michigan normal school, and upon re- commendation of the principal and a majority of the faculty thereof, grant the following certificate only, which shall be signed by said board and faculty, or such members thereof as the board may direct; which certificates shall contain a list of studies included in said courses, and w r hich shall entitle the holder to teach in any of the schools of the state for which said courses have been provided, as follows: First, Upon the completion of a course of study contain- ing the branches of instruction required by law for a third grade county certificate, and such work in science and art of teaching as said board of education may require, the board shall issue a certificate, valid for two years, authorizing the holder to teach in any district school of this state employing not more than one teacher: Provided, That said two years' certificates may be once renewed for a like period upon satis- factory evidence to the granting power of successful experi- ence in teaching. Second, Upon the completion of a course of instruction containing the branches of instruction required for a first grade county certificate, and such additional work in the science and art of teaching as said board of education may require, said board shall grant a certificate, valid throughout the state for a period of three years: Provided, That said three [year] years' certificate may be once renewed for a like period, upon satisfactory evidence to the granting power, of successful experience in teaching. (263.) 1833. SEC. 2. The state board of education may, through the state normal school at Ypsilanti, grant similar certificates for elementary graded and rural schools as in their judgment shall seem wise, and shall through the same institu- tion continue to grant certificates good for five years, life cer- tificates, diplomas and degrees, as are now provided by statute and custom; and in recognition of the work now being done under existing laws, in those life certificates and degree courses in the state normal school at Ypsilanti, the state board of education is empowered to designate that school in the courses leading to such certificate and degree by the name, the Michigan state normal college. Sec. 3 repeals this" acts or parts of acts conflicting with the provisions of LAWS ENACTED BY LEGISLATURE OF 1899. An Act to change the name of the "Michigan State Normal School" to "MICH- IGAN STATE NORMAL COLLEGE." [Act 52, 1899.] (264.) SECTION 1. The People of the State of Michigan enact, change of The institution now known and designated under the name Sol^fscho and style of "Michigan state normal school" shall hereafter at Y P silanti - be known as the ''Michigan state normal college." SEC, 2. Repealing clause. An Act to provide for the location, establishment and conduct of a NORMAL SCHOOL AT MARQUETTE. in the upper peninsula of this State, and to make an appropriation for the same. [Act 51, 1899.] (265.) SECTION 1. The People of the State of Michigan enact, Name of That a normal school shall be located at Marquette, to be 8( known as the northern state normal school, for the purpose of Purpose, instructing persons in the several branches pertaining to a public school education, and in the science and the art of teaching the same. (266.) SEC. 2. The state board of education is hereby au- selection of thorized to procure a suitable site for the grounds and build- Slte> ings for said normal school, which site shall consist of at least Area and twenty acres of land, located within one and one-half miles of lc the present location of the postoffice in said city of Marquette. Said state board of education shall pay for such site a sum not exceeding one dollar, which sum is hereby appropriated for the use of said state board of education out of any moneys in the treasury not otherwise appropriated, to be drawn on the requisition of said state board of education and the war- rant of the auditor general, as the moneys and appropriations are drawn. Said state board of education shall procure Deed or con- good and sufficient deed or conveyance of such site and v grounds, and have the title of the same duly recorded. When so recorded, the said deed of conveyance, with an abstract of title showing a clear and unincumbered title, and all papers 94 GENERAL SCHOOL LAWS. relating thereto shall be deposited in the office of the auditor general. Appropriation (267.) SEC. 3. The sum of twenty-five thousand dollars is for building, hereby appropriated for the erection of a suitable building for the use of said state board of education in the establishment of a normal school under the provisions of this act, which building shall be erected in accordance with the suggestions and requirements of the state board of corrections and chari- ties, and shall be ready for occupancy October one, eighteen hundred ninety-nine. Appropriation (268.) SEC. 4. The sum of ten thousand dollars is hereby i899-i9oo! es f r appropriated for the payment of the salaries and conduct of said normal school for the year eighteen hundred ninety-nine and nineteen hundred, namely: Two thousand five hundred dollars for the year eighteen hundred and ninety-nine, and seven thousand five hundred dollars for the year nineteen hun- dred, which amounts, together with amount specified in sec- tion three of this act, shall be expended under the direction of the state board of education and be drawn on their order from Proviso. the general fund: Provided, That this appropriation shall not be available unless five thousand dollars of the amount volun- teered as a gift from the citizens of Marquette toward the site and beautifying the grounds be donated for the equip- ment of the school. For reimburse- (269.) SEC. 5. The auditor general shall add to and incor- porate with the state tax for the year eighteen hundred and ninety-nine the sum of twenty-seven thousand five hundred dollars, and for the year nineteen hundred the sum of seven thousand five hundred dollars, to be assessed, levied and col- lected as other state taxes are assessed, levied and collected, which sum, when collected, shall be placed to the credit of the general fund to reimburse it for the sum appropriated by sec- tions three and four of this act. (270.) SEC. 6. The said northern state normal school shall be under and subject to the control of the state board of edu- cation, according to the provisions of act number one hundred ninety-four of the public acts of eighteen hundred and eighty- nine, entitled "an act to revise and consolidate the laws relative to the state board of education, and amendments thereto, also according to the provisions of act number one hundred and seventy-five of the public acts of eighteen hun- dred and ninety-seven, entitled "an act to fix the relation of the existing normal schools of the state," which laws are made applicable to the school, except as herein otherwise provided. GENERAL SCHOOL LAWS. An Act to provide for the incorporation of associations for the purpose of establishing LOAN-FUNDS for the benefit of school scholars and students of this State, to assist them to attend the University of Michigan, the State Normal College at Ypsilanti, the Central Michigan Normal School at Mt. Pleasant, the Michigan State Agricultural College at Lansing, the College of Mines at Houghton, or the Manual Training Schools of this State. [Act 250, 1899.] (271.) SECTION 1. The People of the State of Michigan enact, Number that Any five or more persons of full age residing in the state of Michigan may associate and incorporate themselves together for the purpose of establishing loan-funds for the benefit of school scholars and students of this state, to assist them to attend the university of Michigan, the state normal college at Ypsilanti. the central Michigan normal school at Mt. Pleasant, the Michigan state agricultural college at Lansing, the Michi- gan college of mines, or the manual training schools of this state. (272.) SEC. 2. Articles of association shall be executed in Manner of in- duplicate, by the persons so associating themselves together corpor in the first instance, and shall be acknowledged by them be- fore some person authorized by the laws of this state to take acknowledgments of deeds, one of which duplicates shall be filed and recorded in the office of the secretary of state, and a record shall be made of such articles, and a certified copy thereof filed in the clerk's office in the county where such society is formed. Thereupon the persons so executing said articles, and such other persons as may thereafter, according to the provisions of such articles, become associated with them shall become and be a body politic and corporate, capable of being sued, for the purpose set forth in such articles. (273.) SEC. 3. The articles of association shall contain: Articles of First, The names and places of residence of the persons a880Ciation - associated in the first instance; Second, The name or title by which such association shall be known in law, and the period for which it is incorporated, not exceeding thirty years; Third, The objects for which it was organized; Fourth, The number of its trustees or managers to manage the same, and the names of such trustees or managers for the first year of its existence. (274.) SEC. 4. The affairs of such corporation shall be un- General der the general management of not less than five nor more mana s en] than fifteen trustees, to be chosen by the members thereof, and to hold office for such time, not exceeding five years, as shall be provided by the articles of association ; and the articles of classification association may provide for a classification of the trustees so oi that the terms* of office of the several classes shall expire at different times, and for a classification of the members in accordance with their subscriptions to the objects for which the corporation was organized. The regular officers of such corporation shall form a part of such trustees. The officers 96 GENERAL SCHOOL LAWS. Amendments. Funds of corporation. May receive real and per- sonal estate. may be chosen by the trustees or the members of the corpora- By-iaws. tion, as the articles shall prescribe. The by-laws shall be adopted by the trustees, who may change them at pleasure. The majority of the trustees shall be a quorum to transact business. The articles of association of any such corporation may be amended at any time by a two-thirds vote of the trustees. Before any such amendment shall take effect, a copy of the resolution, certified by the secretary, shall be filed in the office of the secretary of state, and in the clerk's office of the county in which the original articles are filed. (275.) SEC. 5. All the funds received by any corporation or- ganized under this act shall be used after paying necessary expenses, for the exclusive purpose or purposes set forth in the articles of association. And no portion of the funds of such corporation shall be used or contributed toward the erec- tion, completion or furnishing of any building not owned or used by such corporation for the purpose or purposes set forth in its articles of association. Such corporation shall in equity and law be capable of taking and receiving real and personal estate, either by purchase, gift, grant, lease, or bargain and sale, devise and bequest, not exceeding twenty-five thousand dollars, in the aggregate, for the purpose of its incorporation, but for no other purpose, and it shall have power to invest the same at pleasure, and to grant, bargain, mortgage, sell or lease the same for the use of said association; and it shall be lawful to invest the same upon mortgage,* or in or by loans on notes or bonds, or municipal, county, state or United States securi- ties; or deposit the same in any reliable bank on interest; but no loans shall be made to any trustee or officer of such cor- poration: Provided, That any such corporation may, in its articles of association, specify the kinds of securities in which its funds shall be invested, and that no part of its funds shall be invested in any securities other than those named in its articles, or when the securities shall not be specified in the articles of association, then such funds shall only be invested in such securities as are specified in this act. Such corpora- tion shall have the power to make all needful rules and regu- lations and by-laws for the management of its affairs, not inconsistent with the constitution and laws of this state or of the United States. (276.) SEC. 6. In case it shall at any time happen that an election of officers, directors or trustees shall not be made on the day designated by the articles of association and by-laws, said corporation for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an electon of officers, directors or trustees, in such manner as may be di- rected by the articles of association and by-laws of said cor- poration. (277.) SEC. 7. The articles of association filed as required by this act, or a copy thereof certified by the officer with whom they are so filed, may be given in evidence in any court May specify kinds of securities. Election of officers. Articles may be used in court. GENERAL SCHOOL LAWS. 97 of this state for or against said corporation. Said corporation General power shall possess the general power conferred by and subject to of cor P oration - the provisions and restrictions of chapter two hundred thirty of the compiled laws of the state of Michigan of eighteen hun- dred ninety-seven, so far as the same may be applicable to corporations formed under this act. An Act to create a STATE BOARD OF LIBRARY COMMISSIONERS to pro- mote the establishment and efficiency of free public libraries, and to provide an appropriation therefor. [Act 115, 1899.] (278.) SECTION 1. The People of the State of Michigan enact, Personnel of The governor, with the advice and consent of the senate, shall C( appoint four persons, residents of this state, who, together with the state librarian, who shall be a member ex officio, shall constitute a board of library commissioners. Two members of said board shall be appointed for a term of four years and two for a term of two years, and thereafter the term of office shall be four years. All vacancies occurring in the ap Fiiimgof pointive membership of said board, whether by expiration of vac term of office or otherwise, shall be filled by the governor, with the advice and consent of the senate. (279.) SEC. 2. It shall be the duty of the library commis- Duties of sion to give advice and counsel to all free libraries in the state, commission - and to all communities which may propose to establish them, as to the best means of establishing and administering such li- braries, the selection of books, cataloguing, and all other de- tails of library management. In January of each- year the board shall make a report to the governor of its doings, of which report one thousand copies shall be printed by the state printer for the use of the board. (280.) SEC. 3. It shall be the duty of all free libraries organ- Reports to^ ized under the laws of the state, whether general or special, to cc make an annual report to the board of library commissioners, which report shall conform as near as may be reasonable and convenient, as to time and form such rules as the board may prescribe. (281.) SEC. 4. No member of the board of library commis- salary of sioners shall receive any compensation for his services, except 8 that the board may appoint one of their number to act as sec- retary, and such secretary may receive such sum as shall be agreed upon by the board, not exceeding three hundred dollars annually, for clerical services. The board shall be entitled to Expenses of expend a sum not to exceed five hundred dollars in any one ct year for supplies and incidentals and for the actual and neces- sary expenses of its members in the discharge of their duties. The accounts of the board shall be audited by the state board of auditors, and paid out of the general fund. 13 98 GENERAL SCHOOL LAWS. Provision for fund. (282.) SEC. 5. The auditor general shall add to and incor- porate with the state tax for the year eighteen hundred and ninety-nine, and every year thereafter, the sum of eight hun- dred dollars, to be assessed, levied and collected as other state taxes are assessed, levied and collected, which sum when col- lected shall be placed to the credit of the general fund to reimburse it for the sums authorized to be expended under this act. Manner .of establishment. Report to su- perintendent of public instruction. Payment of fund by state treasurer. Handling of fund. Name of fund. An Act authorizing school district boards, boards of trustees of graded schools and boards of education in cities to establish and maintain DAY SCHOOLS FOR THE DEAF, and authorizing payment therefor from the general fund. [Act 176, 1899.] (283.) SECTION 1. The People of the State of Michigan enact, That upon application by a school district board, board of trustees of a graded school, or board of education of any city, of this state, to the superintendent of public instruction, he shall grant permission to such board to establish and main- tain, and such board shall thereupon be empowered to main- tain within the limits of its jurisdiction one or more day schools, having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three years, whose parents, or guardians in the case of or- phans, are residents of the state of Michigan. (284.) SEC. 2. Any board which shall maintain one or more day schools for the instruction of the deaf shall report to the superintendent of public instruction annually, and at such other times as he may direct, such facts concerning the school or schools as he may require. (285.) SEC. 3. The state treasurer is hereby authorized and directed to apportion and pay out of the "general fund" annually to the treasurer of any board maintaining a school or schools, which shall be established in accordance with this act, the sum of one hundred and fifty dollars for each deaf pupil instructed in any such school for nine months during the school year, and a part of such sum proportionate to the time of instruction of any such pupil so instructed less than nine months during each year. (286.) SEC. 4. The money received from the state treas- urer, as provided in section three of this act, shall be kept separate and distinct from all other funds by the treasurer of the board receiving it, and shall be known as "the fund for the support of schools for the deaf," and shall be paid out for no other purpose than for the payment of salaries of teachers of schools for the deaf, as herein provided, and for school appli- ances, and all sums not expended under this act shall be re- turned to the state treasurer and credited to the primary school interest fund. GENERAL SCHOOL LAWS. 99 (287.) SEC. 5. All teachers in such schools shall be ap- Regarding pointed and employed as other public school teachers are ap- teachers - pointed and employed. All persons appointed to teach in any such school shall have had special training for teaching, and shall also have had special training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The so-called "oral" system shall be taught by system taught, such teachers, and if after a fair trial of nine months, any of such children shall for any reason be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child so unable to learn such oral method in such primary schools. (288.) SEC. 6. For the purpose of this act, any person of Persons com- sound mind, who, by reason of defective hearing, cannot profit- ably be educated in the public schools, as other children are, shall be considered deaf. An Act to provide for the publication and distribution of laws and documents, reports of the several officers, boards of officers and public institutions of this State now or hereafter to be published, and to provide for the replacing of books lost by fire or otherwise, and to provide for the publication and dis- tribution of the official directory and legislative manual of the State of Mich- igan, etc. (From this act only such portions are quoted as relate directly to the pub- lic school system.) [Act 44, 1899.] (289.) SEC. 11. There shall be printed of the annual re- Annual report port of the superintendent of public instruction a sufficient tende^ft"? number to supply all school libraries in the state with one on! ic instruc " copy each, which copy shall be bound in the same style as pro- vided by this act for binding state publications for library distribution; also one copy each to the following persons or institutions : To each superintendent of public instruction, TO whom dis- state university, college of mines and state normal school in tr the United States, each living ex-superintendent and deputy superintendent of public instruction in this state, each mem- ber of county boards of examiners, each city superintendent of schools; two hundred copies for deposit with the secretary of state for future distribution, and such number of additional copies as the superintendent of public instruction may, in his discretion, deem necessary, not exceeding three hundred copies. Said report shall not exceed three hundred pages, in- Number of eluding context and index, such pages to be the size of the pa s es - pages of the report of the superintendent of public instruction for the year eighteen hundred ninety-five, and such report shall be distributed by the superintendent of public instruc- tion. Not to exceed the sum of fifty dollars for any one report shall be expended for cuts or- illustrations for said report: Provided, That said fifty dollars shall cover the cost for special 100 GENERAL SCHOOL LAWS. State course of study. Institute outlines. Distribution of legislative manual. Duty of county commis- sioners. Expense of distribution. Receipt to secretary of state. paper, if necessary for such cuts, and also the cost of making such cuts: Provided further, That the state superintendent of public instruction may prepare and have published for the district schools, a state course of study; for the teachers' in- stitutes, institute outlines; and, from time to time, such edu- cational bulletins as he may deem necessary for the advance- ment of the cause of education in Michigan. Am. 1901, Act 31. (290.) SEC. 30. This section provides for the distribution of the legislative manual (red book), and the list includes one copy for each of the following: Each district, graded, and city school; each library other than school library; each town- ship, village, and city clerk, and the county commissioner of schools. (291.) SEC. 32. It shall be the duty of the county commis- sioners of schools to distribute all copies of the "'official di- rectory and legislative manual" to the schools in their respec- tive counties, as provided .in section thirty of this act; and also to see that the same are kept for the use of said schools, and it shall be the duty of the secretary of state to direct and over- see the prompt distribution of the laws, journals, documents and reports mentioned in this act, whose distribution is not otherwise provided for; arid said laws, journals, documents, and reports shall be shipped to the several county clerks and county commissioners of schools in the state and be dis- tributed by them to the persons, officers, corporations and societies within their respective counties entitled to the same, and that, until so distributed, they shall be carefully pre- served by said county clerks and county commissioners of schools. That the accounts for boxes furnished to the secre- tary of state for package and distribution shall be audited and allowed by the board of state auditors and paid out of the state treasury, and the expense of transportation from the office of the secretary of state to the county clerks and county commissioners of schools, and of distribution by them to the persons entitled to the same, shall be audited and allowed by the boards of supervisors and paid out of the county treasuries. (292.) SEC. 33. It shall be the duty of the several county clerks and county commissioners of schools, upon receiving any of the books mentioned in this act, to receipt to the secre- tary of state for the same, which receipt shall be filed and pre- served in the office of the secretary of state; and it shall also be the duty of the said county clerks and county commission- ers of schools to distribute said books as provided in this act, and to report at the expiration of a month after each reception of books to the secretary of state, on blanks furnished by him, by giving a full statement of all of said books remaining in his office, together with the names of the officers neglecting GENERAL SCHOOL --LAWS. 101 to call for the books to which they are entitled; and it shall be the duty of all persons, officers, corporations and societies, upon receiving any of the books mentioned in this act, to receipt respectively to the county clerk and county commis- sioner of schools for the same, which receipt shall be filed and preserved in the office of the county clerk and county commis- sioner of schools respectively. It shall also be the duty of Notification the secretary of state to notify each person to whom any ? state! 1 * 1 books are sent, except township officers, either directly or in care of the county clerk, which are required by this act to be kept in any library or passed over to any successor in office, and that each person receiving such notice shall, within a reasonable time, apply to the county clerk for the books men- tioned in this notice, if such books were sent to the county clerk, and obtain the same; and if such books have been re- ceived by the county clerk and are not called for as aforesaid, such person thus notified shall be held responsible in the same manner and to the like extent as in the case of his neglect or refusal to deliver over to his successor books received by him, except that books sent for the use of township officers may be sent to either the township clerk or county clerk, when the secretary of state shall notify the township clerk, who shall draw all of the books for the officers of his township and distribute the same. (293.) SEC. 34. Provides that each city, village, township, and county officer shall, when he ceases to hold such office, deliver over to his successor in office all such books received by him which are required by this act to be placed in his library. LAWS ENACTED BY LEGISLATURE OF 1901. An Act to provide for the establishment and maintenance of rural high schools. [Act 144, 1901.] Petition of taxpayers. Submit vote at special election. Elections held at usual place. Notice given. Election, how conducted. Board of trustees. Ex officio members. Regular meetings. Special meetings. Powers of board. (294.) SECTION 1. The People of the State of Michigan enact, The township board of any township, not having within its limits an incorporated village or city, upon the petition of not less than one-third of the taxpayers of such township for the establishment of a rural high school, shall submit such ques- tion to a vote of the qualified electors of said township at a special election called for that purpose within sixty days from date of receipt of said petition. (295.) SEC. 2. All elections ordered by any township board in pursuance of section one of this act shall be held at the usual place or places of holding township elections, and notice shall be given and the elections conducted in all respects as provided by law for the election of township officers and the ballots shall have printed thereon, "for rural high school- yes." "For rural high school no." (296.) SEC. 3. If more votes are cast in favor of such high school than against it at such election, the qualified electors of said township shall elect at their next annual election of township officers a board of trustees of three members, one for one year, one for two years and one for three years, and on the expiration of their terms of office and regularly there- after their several successors shall be elected in like manner for a term of three years each. The township clerk shall be ex officio member and the clerk of the board, and the township treasurer shall be ex officio member and treasurer of the board with the same power as other members of the board. (297.) SEC. 4. Said board of trustees shall meet on the third Monday in April of each year and organize by electing one of the trustees as president. Regular meetings of the board shall be held on the second Mondays of May, August, November, and February in each year. Special meetings may be called upon five days' notice by the president or secretary. The board shall have power (a) To supervise and visit the school; GENERAL SCHOOL LAWS. 103 (b) To admit all children of the township above the eighth grade and to admit and provide rates of tuition for non-resi- dent pupils if they so elect; (c) To select and adopt text-books; (d) To appoint legally qualified teachers ; (e) To fix wages, make general rules and regulations for the control of the school, suspend or expel pupils, fix the time of school which will not be more than ten months nor less than seven in any one year ; (f) To rent or to purchase and hold real estate for such township high school, build and furnish school houses, deter- mine location of grounds and building, which shall be as near the center of the township as practicable, according to sani- tary conditions, and to receive and hold bequests and gifts for the benefit of the school, and to dispose of property belonging to the district subject to the provisions hereinafter named; (g) To provide a course of study which shall be approved by the superintendent of public instruction and the president of the Michigan agricultural college, and shall not consist of more than four years' work. Said course of study may in- clude instruction in manual training, domestic science, nature study and the elements of agriculture; (h) To estimate and vote the amount of tax necessary to support the school at a meeting previous to October first in each year and report the same to the supervisor, which amount shall be spread upon the tax roll the same as other district taxes, and in their discretion borrow money for current ex- penses which amount shall not exceed fifty per cent of the amount of tax voted; (i) To publish annually in one newspaper of the township or county a statement of the proceedings of the board meet- ings and an itemized account of all receipts and expenses, and file a copy of the same in the office of the county school com- missioner and state superintendent of public instruction within sixty days of the date of publication of the same. (298.) SEC. 5. The secretary of the board shall receive not salary of to exceed fifty dollars per annum for his services. It shall st be his duty to keep the records, provide supplies, visit the Duty of school and make annual reports to the school board, the 8e county school commissioner and the state superintendent of public instruction, in such form as the superintendent of pub- lic instruction shall direct. (299.) SEC. 6. All orders on the treasurer for moneys shall r d n e e r * s for be ordered by the board and signed by the secretary and president. (300.) SEC. 7. A majority of the tax payers of the town- Limit of bond, ship shall determine the amount to be expended in the grounds and building of said school and may bond the township for such amount : Provided, That the amount of said bonds shall 104 GENERAL SCHOOL LAWS. not exceed five thousand dollars, and that the period of such bonds shall not continue beyond ten years. under super- (301.) SEC. 8. The high schools established under the pro- vision of com- v i s i ons O f this act shall be under the supervision of the countv imssioner. -, n . / commissioner of schools, and all questions of management, subject to pro- support and control arising under the provisions of this act erais n chooi sen anc * no ^ expressly provided for therein shall be subject to the laws. provisions of the general school laws of this state. SEC. 9. Repealing clause. An Act to define the legal qualifications of kindergarten, music, and drawing teachers in the State. Qualifications of kindergar- ten teacher. Qualifications of music teacher. Qualifications of drawing teacher. What cities exempt. [Act 166, 1901.] (302.) SECTION 1. The People of the State of Michigan enact, Any person who is a graduate of any kindergarten training school, endorsed by the superintendent of public instuction of this state, and who holds also a teacher's certificate or a diploma from a reputable college of the state, or a high school having a four years' high school course, shall be considered a legally qualified kindergarten teacher; and any district board shall be authorized to pay such teacher for kindergarten in- struction from the same fund, and in the same manner, as other teachers are now paid. (303.) SEC. 2. Any person who has finished a course of at least two years in music in the university of the state of Michigan, or in any of the state normal schools, or in any col- lege incorporated under the general laws of the state, and any person who has finished a course of at least one year in drawing in any of the aforesaid institutions, or in any other institution, whose course of study is acceptable to the superin- tendent of public instruction, and holds in either case a state- ment from the proper authorities of the institution certifying to that fact, shall be considered a legally qualified teacher in music or in drawing; and any district board, or board of educa- tion, shall be authorized to pay such teacher for instruction in music or in drawing from the same fund, and in the same manner, as other teachers are now T paid: Provided, That in cities organized under special law or charter, and maintain- ing kindergarten training schools, having a three years' course, shall be exempt from the provisions of this act. (304.) SEC. 3. All acts and parts of acts contravening the provisions of this act are hereby repealed. GENERAL SCHOOL LAWS. 105 An Act to require county commissioners of schools to transmit lists of public libraries and the librarians thereof. [Act 199, 1901.] (305.) SECTION 1. The People of the State of Michigan enact, commissioner Hereafter it shall be the duty of the county commissioner of schools, in each county of this state, in the month of June in each year, to transmit to the secretary of the state board of library commissioners, at Lansing, a complete list of all libraries other than personal libraries within his county, whether tow r nship, school district, village or city, together with the names and postoffice addresses of the librarians thereof. 14 APPENDIX. FOEMS FOR PROCEEDINGS UNDER THE SCHOOL LAWS. (306.) FORM No. 1. Notice by the Clerk of the Board of Inspectors to a taxable Inhabitant of a District of the Time of its Formation. [See Comp. Sees. No. 25, 26,] To A B : SIR The board of school inspectors of the township of have formed a school district in said township, to be known as district No and bounded as follows: [Here insert the description.] The first meeting of said district will be held at on the day of 19 ... .at o'clock. . . .M., and you are instructed to notify every legal voter of said district of the same, at least five days previous to said meeting, either personally or by leaving a written notice at his place of residence. You will indorse on this notice a return, showing each notification, with the date or dates thereof, and deliver the same to the chairman of said meeting. Dated this day of 19 ( Signed. ) C D , Clerk of the Board of School Inspectors. (307.) FORM No. 2. Notice of First Meeting when made in writing to be left at the house of every legal voter. [See Comp. Sees. No. 25, 20, 40.] To C D ;..: SIR School district No of the township of having been formed by the board of school inspectors, you, as a legal voter in said district, are hereby notified that the first meeting thereof will be held at , on the. . . . day of , 19 , at o'clock M. Dated this day of 19 A B , [The person appointed to give notice."} FORMg FOR PROCEEDINGS. 107 (308.) FORM No. 3. Endorsement upon the notice (Form No. 1) by Taxable Inhabitant. [See Comp. Sees. No. 25, 26, 40.] I, A B , hereby returned the within (or annexed) notice, having notified the qualified voters of the district, as follows: NAMES. DATE. How NOTIFIED. A B j January 1, 1902 Personally. C D January 1, 1902 Written notice. E F January 2, 1902 Personally. I . i Dated this day of 19 ( Signed. ) A B (309.) FORM No. 4. Notice by Township Clerk to Director, of Alteration in District. [See Comp. Sec. No. 34.] To the Director of School District No , Township of : SIR At a meeting of the board of school inspectors of the township of held , 19...., the boundaries of school district No , township of , were altered in such manner that the territory of said district now includes the following: [Here insert the description.] Dated this day of 19 (Signed.) C D , Clerk of the Board of School Inspectors. (310.) FORM No. 5. Acceptance of office by District Officers, to be filed with the Director. [See Comp. Sees. No. 48, 125, 143, 193.] I do hereby accept the office of in school district No of the township of Dated this day of 19 (Signed.) A B 108 GENERAL SCHOOL 'LAWS. (311.) FORM No. 6. Assessor's Bond. [See Comp. Sees. No. 60, 194.] KNOW ALL MEN EY THESE PRESENTS : That we, A B , assessor of school district No , township of county of and State of Michigan, C D and E F [his sureties], are held firmly bound unto said district in the sum of [here insert double the amount expected to come into the assessor's hands] to be paid to the said district; for the payment of which sum well and truly to be paid we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. The condition of the above obligation is *such that, if the said assessor as aforesaid, shall faithfully discharge the duties of his office as assessor of said school district, and shall well and truly pay over to the person or persons, entitled thereto, upon the proper order therefor, all sums of money w r hich shall come into his hands as assessor of said district, and shall, at the expiration of his term of office, pay over to his successor in office all moneys remaining in his hands as assessor aforesaid, and shall deliver to his successor all books and papers appertaining to his said office, then this obligation shall be void, otherwise of full force and virtue. Sealed with our seals and dated this day of , 19 .... A B , [L. s.] C D , [L. s.] E F , [L. s.] Signed, sealed and delivered in presence of We approve the within bond. ( Signed. ) G H , Moderator. J K , Director. Justification of Sureties in the foregoing Bond. C D , and E F , the sureties whose names are subscribed to the above bond, being duly sworn, each for himself, says that he is a resident in said district and is worth the sum specified in said bond, over and above all his debts and liabilities, exclusive of property exempt from execution. (Subscribed and sworn to.) (312.) FORM No. 7. Notice of Annual Meeting. [See Comp. Sees. No. 37, 39, 64.] NOTICE. The annual meeting of school district No. ... of 'the township of , for the election of school district officers and for the transaction of such other business as may lawfully come before it, will be held at , on Monday, the day of September [or July], 19. . . ., at. . . .o'clock. . . .M. Dated this day of August [or July], 19. ... ( Signed. ) A B , Director. FORMS FOR PROCEEDINGS. 109 (313.) FORM No. 8. Request to be made by five Legal Voters of a District to the District Board for a Special Meeting. [See Comp. Sec. No. 38.] To the District Board of School District No (or to A B one of the District Board: The undersigned, legal voters of school district No of the township of , request you, in pursuance of section 15 of chapter II of the general school laws of 1897, to call a special meeting of said district, for the purpose of Dated this day of 19 (Signed.) C D E F G H I K L.. . M.. (314.) FORM No. 9. Notice of Special Meeting. [See Comp. Sees. No. 38, 39.] NOTICE. .4 special meeting of the legal voters of school district No , in the township of , called on the written request of five legal voters [or called by the district board, as the case may be], will be held at , on the day of , 19 ...... at .... o'clock .... M., for the purpose of [here insert every object that is to be brought before the meeting.] ( Signed. ) A B . . . '. . ., Director. (315.) FORM No. 10. Order upon the Treasurer for Moneys to be disbursed by him, with Receipt attached. [See Comp. Sees. No. 64, 69.] Treasurer of School District No , Township of ." SIR Pay to the sum of 100 dollars out of any moneys in your hands belonging to the [here insert name of fund on which order is drawn, as ""teachers' wages," building, etc.] fund, on account of [here state the object for which the order was drawn.] Dated this day of , 19 A B , Director. [Countersigned] C D , Moderator. Received of E F , treasurer of school district No , the amount specified in the above order. G.. . H.. 110 GENERAL SCHOOL LAWS. (316.) FORM No. 11. Warrant upon Township Treasurer for moneys belonging to School District. [See Comp. Sees. No. 64, 69, 89, 201.] Treasurer of the Township of : SIB Pay to A B , treasurer of school district No .... in said township, the sum of 100 dollars, out of [here insert the par- ticular fund], in your hands belonging to said district. Dated at this day of , 19 C D , Director. [Countersigned] E F Moderator. (317.) FORM No. 12. Certificate ~by District Board to Township Clerk, of District Taxes to be Assessed. [See Comp. Sees. No. 43, 52, 156.] Clerk of the Township of : The undersigned, district board of school district No , township of do hereby certify that the following taxes have been voted by the qualified electors of said district, during the school year last closed, under the provisions of sections 4665 4674, 4778, Compiled Laws 1897: For building purposes For repairs For paying indebtedness For services of district officers For library For apparatus Total voted by the district We further certify that the following taxes have been estimated and voted by the district board under the provisions of section 4674, Compiled Laws 1897: For teachers' wages For fuel For incidental expenses For free text-books For flag and flag staff For Total estimated and voted by district board Which amounts you will report to the supervisor to be assessed upon the taxable property of said district in accordance with the provisions of law. Dated at this day of , 19 A B , Moderator. C D , Director. E F , Treasurer. FORMS FOR PROCEEDINGS. Ill (318.) FORM No. 13. Bond to be given ~by the Chairman of the Board of School Inspectors. [See Comp. Sec. No. 71.] KNOW ALL MEN BY THESE PRESENTS : That WC, A B , the chairman of the board of school inspectors of the township of county of , and State of Michigan, and C D and E F [his sureties] are held and firmly bound unto the said township, in the sum of [here insert the sum of double the amount to come into said chairman's hands, as nearly as the same can be ascertained] for the payment of which sum well and truly to be paid to the said township, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if A B , the chairman of the board of school inspectors, shall faithfully appropriate all moneys that may come into his hands by virtue of his office, then this obligation shall be void; otherwise, of full force and virtue. Sealed with our seals, and dated this day of , 19 A B , [L. s.] C D , [L. s.] E F , [L. s.] Signed, sealed and delivered in the presence of I approve the within bond. (Signed.) G H. , Township Clerk. Justification of Sureties in the foregoing Bond. C D and E F , the sureties, whose names are subscribed to the above bond, being duly sworn, each for himself, says that he is a resident in said township and is worth the sum specified in said bond over and above al! his debts and liabilities, exclusive of property exempt from execution. ( Subscribed and sworn to. ) (319.) FORM No. 14. Appointment of District Officers lij District Boards. [See Comp. Sees. No. 46, 125, 195.] The undersigned, members of the district board of school district No , township of , do hereby appoint A. ......... v< [director, moderator, or treasurer, as the case may be] of said district to t vacancy created by the [removal, resignation, or death, etc.] of C D , the late incumbent. Dated this day of ,19 G.'.' .'H" 112 GENERAL SCHOOL LAWS. (320.) FORM No. 15. Appointment of District Officers by School Inspectors. [See Comp. Sees. No. 46, 125.] The undersigned school inspectors of the township of , do hereby appoint A B [director, moderator, or treasurer, as the case may be] of school district No , in said township, the district board having failed to appoint. Dated this dav of , 19 C D , E F , G H , Board of School Inspectors. (321.) FORM No. 16. Notice of Meeting of Inspectors. [See Comp. Sec. No. 31.] NOTICE. A meeting of the board of school inspectors of the township of , will be held at , on the .... day of .' 19 . . . . , at .... o'clock. . . .INI., for the purpose of [here insert every object that is to be brought before the meeting, and if for the purpose of changing boundaries of districts, state the alterations proposed.] Dated this day of , 19'. ... A B , Clerk of the Board of School Inspectors. (322.) FORM No. 17. Certificate to be given to the Director of a School District, by the Board of School Inspectors 'when they establish a Site. [See Comp. Sec. No. 106.] The inhabitants of school district No , township of , having failed, at a legal meeting, to establish a site for a schoolhouse, the board of school inspectors hereby certify that they have determined that the said site shall be as follows [here insert description.] Given under our hands this day of , 19 .... A B , C D , E F , Board of School Inspectors. (323.) FORM No. 18. Warrant on the Township Treasurer for Library Honeys. [See Comp. Sec. No. 132.] To the Treasurer of the Township of , County of : SIR. Pay to , chairman of the board of school inspectors, the sum of FORMS FOR PROCEEDINGS. 113 10 dollars, from the library moneys in your hands or to come into your hands, the same being for the support of the library of said township. Dated this day of , 19 .... A B , C-. D ,' E F , Toionship Board of School Inspectors. REMARK. In case district libraries are established in a township the library moneys due such districts are payable on the order of the district officer. (See form No. 11.) (324.) FORM No. 19. Notice by the Township Treasurer to the Township Clerk of moneys to be Apportioned to Districts. [See Comp. Sees. No. 89, 90.] To the Clerk of the Township of County of : SIR. I have now in my hands for apportionment to the several school districts of this township the following moneys: Primary school interest fund $ . Library moneys received from county treasurer One-mill tax Surplus dog tax District taxes Special funds Dated this day of , 19 .... A B , Township Treasurer. (325.) FORM No. 20. Notice ~by the Township Clerk to the Township Treasurer, of the Apportionment of Moneys to Districts. [See Comp. Sees. No. 80, 81.] To the Treasurer of the Township of , County of : SIR. Herewith find a statement of the number of children of school age in each school district of this township, entitled to draw public moneys, and the amount of moneys apportioned to each of said districts: Districts. No. of children in district. Primary school in- terest fund. Library moneys. One- mill tax. Surplus dog tax. District taxes. Special funds. .2 -3 JO I *4 if District Xo 1 $ $. $ $. $ $ $ District Xo 2 fr'l . Total $ $... $ $ $ $ $ Dated this dav of , 19 15 B Township Clerk. 114 GENERAL SCHOOL LAWS. (326.) FORM No. 21. Notice by Toivnship Clerk to Directors, of Honeys belonging to the Districts. [See Comp. Sec. No. 81.] A B , Director school District No . . . . , Township of : SIB. The amount of school moneys apportioned to school district No , town- ship of , is as follows : Primary school interest fund $ Library moneys received from county treasurer One-mill tax Surplus dog tax District taxes Special funds Total Dated this day of , 19. . B. Township Clerk. (327.) FORM No. 22. Certificate by the Township Clerk to the Supervisor, of District Taxes to be Assessed. [See Comp. Sec. No. 79.] Supervisor of the Township of , County of : SIR. I hereby certify that the following is a correct statement of moneys proposed to be raised by taxation for school purposes in each of the several school districts of this township, as the same appears from the reports of the district boards of the several districts now on file in my office: Districts. "S ! y For building purposes. For repairs. A >rt 02 fcC .S % p*o For fuel. For library. For apparatus. For incidental expenses. 1 I District No. 1 $ $ $ $ $ '... $ $ $ $ $...... District No 2 fr'l Which amounts you will assess upon the taxable property of each of said districts in accordance with the provisions of law. Dated day of , 19 A D , Township Clerk. FORMS FOR PROCEEDINGS. 115 (328.) FORM No. 23. Deed to School District. [See Comp. Sec. No. 51.] KNOW ALL MEN BY THESE PRESENTS : That A B , and C D , liis wife, of the township of , county of , and State of . , party of the first part, for and in considera- tion of the sum of 100 dollars, to them paid by the district board of school district No , of the township of , county of , and State of Michigan, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey to school district No aforesaid, the party of the second part, and their assigns forever, the following described parcel of land namely [here insert description] ; together with all the privileges and appurtenances there- unto belonging, to have and to hold the same to the said party of the second part and their assigns forever. And the said party of the first part for themselves, their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part and their assigns, that, at the time of the ensealing and delivery of these presents, they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasable estate of inheritance in the law, in fee simple, and that the said lands and premises are free from all encumbrances, whatever; and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part and their assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend. In witness whereof, the said A B , and C D , his wife, party of the first part, have hereunto set their hands and seals, this day of , 19 .... A B , [SEAL] C D , [SEAL] Signed, sealed, and delivered in presence of E F , G H STATE OF ) Us*. County of ) On this day of , in the year one thousand nine hundred and , before me, I K , a , in and for said county, personally appeared ...--, and ., his wife, to me known to be the same persons described in and who executed the within instru- ment, who severally acknowledged the same to be their free act and deed. Witness my hand and official seal, the dav and year last above named. "I ,... K , [SEAL] (329.) FORM No. 24. Lease to School District. [See Comp. Sec. No. 51.] KNOW ALL MEN BY THESE PRESENTS : That A B , of the township of , county of , and State of , of first part, for the consideration herein mentioned, does hereby lease unto school dis- trict No , in the township of , county of . , and State of Michigan, party of the second part, and their assigns, the following parcel of land, to wit: [Here insert description] with all the privileges and appurtenances 116 GENERAL SCHOOL LAWS. thereto belonging; to have and to hold the same for and during the term of years from the day of , 10. ... And the said party of the second part, for themselves and their assigns, do covenant and agree to pay the said party of the first part, for the said premises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals this day of , 19 A B , [SEAL] Lessor. C D , E '. ... F , [SEAL] G H , District Board of School No of the aforesaid Township. \ Signed and sealed in the presence of I K L M (330.) FORM No. 25. Contract for Building a Schoolhouse. [See Comp. Sec. No. 51.] Contract made and entered into between A B , of the town- ship of , in the county of , and State of Michigan, and C D , E F , and G H composing the district board of school district No , of the township of , in the county of , and State of Michigan, and their successors in office. In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dollars, to be paid as hereinafter specified, the said A B hereby agrees to build a schoolhouse, and to furnish the material therefor, according to the plans and specifications for the erection of said house hereto appended, and at such point in said district as said district board may designate. The said house is to be built of the best material in a substantial, workmanlike manner, and is to be completed and delivered to the said district board or their successors in office, free from any lien for work done or material furnished, by the day of 19 .... And in case the said house is not finished by the time herein specified, the said A B shall forfeit and pay to the said district board or their successors in office, for the use of said district, the sum of dollars, and shall also be liable for all damages that may result to said district in consequence of said failure. The said district board or their successors in office, in behalf of said district, hereby agree to pay the said A B the sum of dollars, when the foundation of said house is finished; and the further sum of dollars when the walls are up and ready for the roof; and the remaining sum of dollars when the said house is finished and delivered as herein stipulated. It is further agreed that this contract shall not be sub-let, transferred, or assigned without the consent of both parties. Witness our hands this day of 19 .... A.. . B.. Contractor. C D , E F , G H , District Board. FORMS FOR PROCEEDINGS. 117 (331.) FORM No. 26. Contract between District Board and Teacher. [See Comp. Sees. No. 56, 73, 126.] It is hereby contracted and agreed between the district board of school district No in the township of , county of and State of Michigan, and A B a legally qualified teacher in said township that the said A B shall teach the school of said district for the term of months, commencing on the day of , 19....; and the said A B agrees to faithfully keep a correct list of the pupils, grading and the age of each, attending school and the number of days each pupil is present, the aggregate attendance, average daily attend- ance and percentage of attendance, and to furnish the director with a correct copy of the same at the close of the school and to observe arid enforce the rules and regula- tions established by the district board. The said district board, in behalf of said district, agrees to keep the schoolhouse in good repair, to provide the necessary fuel to keep the schoolhouse in comfortable condition, and to pay said A B for the said services as teacher, to be faithfully and truly rendered and performed, the sum of dollars per month, the same being the amount of wages above agreed upon, to be paid on or before the day of 19 : Provided, That in case said A B shall be dismissed from school by. the district board, for gross immorality or violation of this contract, or shall permit h . . . . certi- ficate of qualification to expire, or shall have said certificate annulled or suspended by the county board of school examiners or other lawful authority, h shall not be entitled to any compensation from and after such annulment, suspension, or dismissal. In witness whereof, we have hereunto subscribed our names, this day of 19.... C D , E F , G H , District Board. A B , Teacher. 118 GENERAL SCHOOL LAWS. (332.) FORM No. 27. Teacher's General Register. [See Comp. Sec. No. 56.] REGISTER of the school taught in District No. . . . ., of the township of , in the county of . ., and State of Michigan, for the term commencing on the day of 19. . . ., and ending on the day oi , 19.... 1 STUDIES PURSUED BY EACH SCHOLAR. pn^fegX * * faithful and correct register of said 'school. A B , Teacher. ;ified by the teacher, should be filed with the director of the district immediately after the close of the school. Each ays" is designed to embrace the number of days present each week, and the sum of days present during the term the above form refer to "January 6" in the left hand column under the head of "attendance in days," etc. The ach pupil. To ascertain the "average dailv attendance" divide "total days' attendance," as found in eighteenth was taught during the year by qualified teachers. To ascertain " percentage of attendance," divide " average daily the teacher is required to certify in the register, before placing it in the hands of the director, whether or not d hygiene, with special reference to the effect of alcohol and narcotics upon the human system, in the school or '^U3VU -ui8AO{) II A 13 * ^JO^SIH "S '1 JtJttIUTBJ-9 * '.qdl3.lSo9) * * ORMnniiT * 3 -SUIIIJLJ& Suipuaa * * * IqdKdoinao * * * puawe jo aSt^uao iaj -puawu A"iiup aSuaaAv a, aoaspu^lZx S3 00 a ATTENDANCE IN DAYS FOR WEEK COMMENCING. ' I '01 -.n?njq8,jj g A\mijq8 j (M CO Q IZ XiBnu' * - co 'QZ Xj'BnU'Bf * * ^ gT ^J:nu'BX co -* '9 A'XBnU'Bf 1C * CO PUPILS. 'dS~V *- S o I hereby certify that the above is a NOTE: The above register, properly cerl column under the head of "attendance in d given in the eighteenth column to the right The words " for weeks commencing " in star, thus *, denotes the studies pursued by column, by exact number of days the school attendance" by total number pupils enrolle Under the provisions of (4G80) Section 15 instruction has been given in physiology an grade presided over by the teacher. NAME. pp - , ON: r-l co FORMS FOR PROCEEDINGS. 119 (333.) FORM No. 28. Notice to Parents or Guardians in Rural Districts. [See Comp. Sec. No. 217.] STATE OF MICHIGAN, County of Township, 19 To You are hereby notified that a child between 8 and 15 years of age, and under your legal control, is not attending the public school in your district. You will see to it that presents self with the necessary text-books at the said school on Monday morning next, at 9 o'clock, and that shall continue in regular attendance for at least 8 half days during each week for a period of four consecutive months previous to the 30th day of June, 19 . . . . , or during such part of said four months as may yet remain previous to said 30th day of June. Yours respectfully, Truant Officer. (334.) FORM No. 29. Notice to Parents or Guardians in Cities having a regularly constituted Police Force. [See Comp. Sec. No. 217.] Michigan, 19 To M #o St. You are hereby notified that is believed to be over 7 and under 15 years of age and that is not atending school as provided for by the act under which this notice is sent, and you are hereby notified to cause said to begin regular attendance next Monday at the school. Respectfully, Supt. of Schools. Served.. , 19 Truant Officer. (335.) FORM No. 30. Notice to Truant Officer by School Officers, Teachers or Residents of District. [See Comp. Sec. No. 220.] Michigan, ..19. To the Truant Officer of Township [or city] of SIR. You are hereby notified that the following named pupils residing at St., are liable to the penalty for violation of the law for compulsory attendance at school. I trust you will investigate the cases at once and learn the reasons why they are not in school. Respectfully, A B INDEX. 16 INDEX. The references are to compiler's sections. ABSTRACTS : of school inspectors' reports 17 ACADEMIES AND INCORPORATED EDUCATIONAL INSTITUTIONS : with whom to file certain reports 171 ACCEPTANCE OF OFFICE: neglect to file vacates office 45 certain, filed with and recorded by director 48, 125, 193 penalty for failure of district officer to file 144 ACCOUNTS : director to keep, of expenses 64, 126 inspectors to render, to township board 74 of members of board of school examiners, with whom filed.. 185 ACTION : against school districts, how brought, etc 99-105 relative to obtaining school-house site . 106-20 ADJOURNMENTS : of district meetings ' % . 43 of proceedings to obtain school-house site '...... 116 ADMISSION OF PUPILS: resident 61 non-resident 62 to high schools 126 to Agricultural College 159 to kindergarten 162 to Normal school 248 AGE: at which children may attend school 61. 162, 191 at which education is comnulsory 215 AGENTS FOR SCHOOL BOOKS, ETC. : officers, tea chers. etc., not to act as 151, 186 AGRICULTURAL COLLEGE COURSE : who to prepare, for district schools 159 AGRICULTURAL SCHOOL : to be provided admission of pupils to freshman class of duties of secretary of examinations for admission to 189, 190 ALIENS : not eligible to office 47 ALTERATION : in boundaries of districts 31-3- of school-house sites in boundaries of graded school districts of boundaries of township school districts 206 ANNUAL MEETING: (See District Meetings. > ANNULMENT OF CERTIFICATES: by faculty of University by State Board of Education 173. 246. 247. 2", by county board of school examiners 182 APPARATUS : director authorized to purchase 43 tax may be voted for purchase of 43 APPEAL : how mode from decision of insoectors to district board 121-123 APPENDAGES TO SCHOOL-HOUSE: tax may be voted to provide to be provided by director 64 124 INDEX. The references are to compiler's sections. APPOINTMENT : of State officers in case of vacancy deputy superintendent of public instruction 18 of building committee, for school-house site 43 duties of 43 clerk of district meeting in director's absence 43, 194 district officers in case of vacancy 46 person to take school census 65, 198 district trustees in case of vacancy. . ..> 125, 195 librarian of township library 134 member of board of school examiners in case of vacancy 176 county commissioner of schools in case of vacancy 187 conductor of teachers' institutes .... 210 of truant officers 216 APPORTIONMENT : of primary school interest fund 20-22 of property on division of district 35, 36, 208 by township clerk of moneys to districts 80 of moneys raised by taxes 81 township treasurer's duties relative to 81 on division of districts, of moneys 88, 206 of one-mill tax 83 division of district, of tax assessed before and collected after 88 in fractional districts, of moneys collected 91 of library moneys 140 ASSESSMIONT OF TAXES : (See Taxes.) ASSESSOR : (See Treasurer.) ASSOCIATIONS FOR ESTABLISHING LOAN FUNDS: number that may incorporate 271 manner of incorporation 272 articles of association, what to contain 273 classification of members 274 officers, duties and terms of office of 274 funds of, how used 275 election of officers, when held 276 when articles of association to be evidence 277 ASSOCIATIONS : teachers may form 299-231 ASYLUMS: . for d^af, dumb and blind, to be supported 13 ATTACHMENT : to enforce attendance at certain proceedings 110 ATTENDANCE : of jurors and witnesses on certain proceedings 110, 111 BALLOT : election of officers to be by 44, 95. 124, 192 form of. used at special election to decide question of rural high schools 295 BLANK FORMS : for school proceedings . . 306-36 BLIND : institutions for. to be provided and supported 13 BOARD. DISTRICT: (See District Board.) BOARD OF EDUCATION : qualifications of certain teachers, may hire 303 (See State Board of Education.) BOARD OF INSPECTION : at election to vote on issuance of bonds, who to constitute.. 95 BOARD OF INSTRUCTION : of State Normal school, may grant certificates. ... . .246, 247 BOARD OF LIBRARY COMMISSIONERS : (See State Board of Library Commissioners.) BOARD OF REGENTS: of University, to be body corporate 10 BOARD OF SCHOOL EXAMINERS : (See County Board of School Examiners.) BOARD OF SCHOOL INSPECTORS : (See Township Board of School Inspectors.) BOARD OF TRUSTEES : of graded school district, election and term of office of 124 officers of, how elected, etc '. 125 vacancy in office of, how filled 125 powers and duties of 126, 168 consent of. to be obtained in alteration of district 127 financial statement of district to be published by 168 penalty for neglect of duties 169 may establish day schools for the deaf 283 of rural high schools, when and how elected 296 term of office 296 who to be clerk of 296 who to be treasurer 296 INDEX. 125 The references are to compiler's sections. BOARD OF TRUSTEES Continued. meetings of, when held 297 special, now called 297 powers of 297 salary and duties of secretary of 298 BOARD, TOWNSHIP : (See Township Board.) BOARDS : authorized to examine teachers, to collect fees 207 BONDS : of assessor, by whom approved and where filed 69 of chairman of board of school inspectors, where filed, etc 71 two-thirds vote required to raise money and issue, in school districts 95 limitations as to amount and time to run 95 tax may be voted to redeem 97 how may be paid 98 liability of county treasurer on 113 appellants from inspector's action to give 122 county commissioner of schools to file . 177 treasurer of township board of education to give 194 amount of, of treasurer of State Board of Education 251 BOOKS : who to adopt, for rural high schools 297 (See Record Books, Library Books and Text-books.) BOUNDARIES : notice of formation of school district to contain 25 when inspectors may alter, of school districts 31 who to cause map made showing, of school districts 78 where filed 78 when new one to be made 78 consent of trustees necessary to change, of graded school districts 127 procedure on change of, of township school district 206 BUILDING COMMITTEE : voters may appoint, for school-house and prescribe duties 43 BUILDINGS : (See School-houses.) BY-LAWS : (See Regulations.) CENSUS OF SCHOOL DISTRICTS: time of taking not to be changed 37 when and how taken 65, 198 CENTRAL NORMAL SCHOOL: an act to establish 259-261 CERTIFICATE : district board to deliver to township clerk, of taxes to be assessed 53 of instruction in physiology, when filed by teacher 58 copy of, to be filed by director with township clerk to supervisor, of taxes to be assessed for school purposes 78, 85, 199 of court in proceedings to obtain site, what to contain Ill when certain teacher's, to be filed with commissioner of schools 258 CERTIFICATES OF QUALIFICATION TO TEACHERS: non-possession of, makes contract invalid when faculty of University may issue '. 172 when, may be suspended or revoked 172, 182, 246, 247, 255 when board of school examiners may renew, without examinations . . how, must be signed '. 180 different grades of requisite qualifications to obtain - list of teachers having, to be furnished township clerk record of, to be kept by county commissioner of schools 183 fee to be paid on obtaining 207 when granted to pupils of Normal school 246, 262 State Board of Education may issue 255, 262, 263 CHAIRMAN : duties of, of first meeting of district ' 25 of district meeting to give oath to challenged voter 41 may arrest disorderly persons 42 may be appointed in absence of moderator . whpn and how. of board of school inspectors elected who not to be elected as ? to give bond penalty for neglect of, of first meeting of district to perform duties duties of, of board of school inspectors relative to the supervision of schools compensation of, of board of school inspectors ^ 216 CHALLENGE : of voter at district meetings of juror in proceedings to obtain site 110 CHILDREN : when census list of school, to be taken 65, IE compulsory education of , 215-220 duties of police officers relative to certain 216-220 how admitted to rural high schools 297 (See Pupils.) 126 INDEX. The references are to compiler's sections. CLASSIFICATION OF PUPILS : (See pupils.) CLERK : director to be, of district township clerk to be. of board of school inspectors 70, 76 who to be, of district board of education 194 who to be, of board of trustees of rural high schools 296 (See County and Township Clerk.) COLLECTION : relative to the, of school taxes 82-9. of judgments against districts 101-105 of fines for injuring library books 133 of penalties 146, 147, 149, 165, 170 of damages for not reporting and assessing taxes 149 of institute fees from teachers 207 COLLEGE OF MINES: entitled to report of Superintendent of Public Instruction 289 COMMISSIONER OF SCHOOLS: persons desiring to teach to file certificate with '. 258 COMMITTEE ON BUILDING : voters may appoint and prescribe duties 43 COMMUNICABLE DISEASES : methods of prevention to be taught in schools 164-167 COMPENSATION : of officers of school district 43, 126, 205 teachers', how paid, etc 56, 126, 198 of inspectors for meeting, limited 75 for school-house site determined by jury in proceedings to obtain site, of officers and jury county board of school examiners, of members 185 of county commissioner of schools 185 of members of township board of education ^ 205 of truant officers 216 of township officers 228 of township clerk 228 State Board of Education, of members 254 COMPULSORY EDUCATION: school boards may furnish books in certain cases 59 children exempted 215 age for, of children 215 length of time to be sent to school 215 penalty for failure to comply with law 217 establishment of ungraded schools 218 when certain children to be sent to 219 who considered truants under act > 219, 221 when children to be sent to reformatory institutions 222 CONDUCTOR : who to be. of teachers' institutes 210 CONSOLIDATION OF DISTRICTS : (See School Districts: also Township Board of School Inspectors.) CONSTITUTIONAL PROVISIONS : State officers to be elected where to keep offices term of office vacancy, how filled 3 duties of Superintendent of Public Instruction 4 what to constitute school funds lands escheating to State to be applied to school funds , 6 free schools to be maintained 7,8 how districts may be deprived of public moneys regents of University, how elected vacancy in office of, how filled to be body corporate 10 to elect a president powers and duties 11 State Board of Education, how elected 12 term of office 12 to have care of Normal school 12 dxities, how prescribed institutions for deaf, dumb and blind to be maintained agricultural school to be provided 14 school libraries to be provided 15 certain taxes to be applied to school funds 16 CONTRACTS : with teachers 56, 126, 198 CORPORATE POWERS : of organized school districts 30 of teachers' associations 231 of State Board of Education '. 241 of associations for establishing loan funds 272 CORPORATIONS : teachers may form 229-231 INDEX. 127 The references are to compiler's sections. COUNTY BOARD OF SCHOOL EXAMINERS: county clerk's duties in relation to election of 176 election and term of office of 176 to file oaths of office 170 vacancies in, how filled . 176, 187 schedule of meetings for special examinations to be published f . . . . 179 may hold special meetings ] 79 meetings of, for examination of teachers 179 to whom may grant certificates 180 grades of certificates issued by 181 may suspend or revoke certificates , . 182 compensation of members of . 185 when officers in certain districts may examine teachers 188 what schools exempt from supervision of 188 (See Chairman of Board of Inspectors and County Commissioner of Schools.) COUNTY CLERK: to receive and dispose of communications of State superintendent 92 apportionment of moneys, duties of, relative to 93, 139 duties of relative to inspector's reports 93, 147, 197 duties in proceedings to obtain site 114, 115 election of school examiners, duties of, relative to 176 duties of, relative to election of county commissioner of schools 177 to draw order on county treasurer for institute moneys 211 duties of, relative to distribution of laws, etc 291, 292 COUNTY COMMISSIONER OF SCHOOLS: when and how elected 176 to file bond and acceptance of office 176 term of office of 177 who eligible to office of 178 to hold certain examinations 179 to prepare schedule for examinations 179 may renew certificates 180 certificates to be signed by 180 may grant special certificates 181 powers and duties of 183 to keep record of examinations 183 to counsel with teachers 183 what annual reports, to receive 183 to receive institute fees 183 to receive instructions from Superintendent of Public Instruction 183 who. to furnish list of teachers 183 duties relative to visiting schools 183 compensation of 185 expenses audited by board of supervisors not to act as agent for school books, etc vacancy in office of, how filled 1 87 duties of, relative to examination of candidates for Agricultural College 189, 190 duties of, relative to distribution of laws, etc .291, 292 to whom to transmit lists of public libraries 305 COUNTY INSTITUTES: (See Teachers' Institutes.) COUNTY TREASURER: statements of apportionment filed with 93, 139 to apply to State Treasurer for certain moneys township moneys to be paid township treasurer by,. to whom, to give notice of apportionment of school moneys , 94 liability of, on bond ' money for school-house site deposited with .' 113, 1 apportionment of library moneys to be made by to set apart institute fees as institute fund 208 teachers' institute fund to be paid by, on order of clerk 211 vouchers for payment at teachers' institutes to be filed with 214 COURSE OF STUDY: who to prescribe, for schools 1-J> Agricultural College, to be prescribed for district schools uniformity of, in normal schools ^o J who may prepare and publish certain 289 who to provide, for rural high schools -* * by whom approved - J ' CRIMES AND OFFENSES: (See Penalty.) DAMAGES : who to prescribe penalty for, to library books i*j> to be collected from certain officers for neglect of duties DAY SCHOOLS FOR THE DEAF: 00 _ shall be established ~* to report to Superintendent of Public instruction j%* duties of State Treasurer in regard to ^ 8& %~ system to be used in * 5 ' teachers employed in - ' who may attend ZO8 DEAF. DUMB AND BLIND: , institutions for, to be provided, etc 128 INDEX. The references are to compiler's sections. DEED: for school-house site to be obtained before building 51 DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE: by Superintendent of Public Instruction by district officers 64, CD DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION : appointment and duties of IS DIAGRAM : (See Maps.) DIPLOMAS : of graduates of State Normal school 246, 247, 262, 263 DIRECTOR : notice of first meeting to be recorded by to keep records relative to organization of district 20 to be notified of alterations of district 34 appointment of clerk in absence of election and term of office of 44, 125, 192 appointment of, in case of vacancy record of acceptance of office to be kept by 48 acceptance of office of, where and by whom filed 48, 125 to be member of district board 49 register of school to be furnished to 56 to have custody of school-house, etc 57 to file certificate of instruction in physiology with township clerk to draw and sign warrants, orders, etc 64 to be presented to moderator to be countersigned 64 to give notice of meetings 64 account of expenses to be kept by 64 school-house to be kept in repair by 64 to provide appendages for school-house 64 to present estimates at annual meetings 64 accounts of, how kept, audited, etc 64. 12(5 to be clerk of district 64, 194 census list to be filed with township clerk by 65 annual school census to be taken by 65 to make reports to inspectors 67 reports of, to be filed with township clerk 67 of fractional district, to whom to report 68 and moderator to approve bond of treasurer
  • to be notified of apportionment of school moneys 81 and moderator to certify payments to supervisor 84 at election to issue bonds, to be member of board of inspection 95 and moderator to execute bonds of district 96 treasurer to certify to, judgment against district 102 to be notified of site fixed by inspectors 106 penalty for neglect to accept office or perform duties 144 may be removed by township board 150 DISORDERLY PERSONS: to be taken into custody 42 juvenile, who to constitute. 219, 221 DISTRIBUTION OF MONEYS: (See Apportionment.) DISTRICT SCHOOL: (See School District.) DISTRICT BOARD: to call meetings of district 38 school to be provided by how, may determine certain matters, when meetings fail 43, 199 election and term of office of 44, 124, 192 vacancy in. what to occasion w 45 how filled . . 46, 125, 195 who eligible to office in 47 acceptance of office by members 48. 125, 193 who to constitute 49, 124, 192 certain books, blanks, etc., to be purchased by 50 when, may sell certain property of district 51 site for school-house to be leased or purchased by 51, 198 to estimate amount for support of schools *. 52 to report taxes to be assessed 53 moneys to be applied by. according to law 54 not to pay money to unqualified teachers 54 to make statement of finances at annual meeting 55, 202 teachers to be hired by 56, 126 to provide for water supply 57 when to exclude public meetings from school-house to have care of school-house and property 57 to provide for instruction in physiology 58 to prescribe text-books and courses of study 58 to purchase books for indigent pupils 59 may suspend or expel disorderly pupils 60 to establish rules, etc., for school 60, 198 to classify pupils 61, 1 26 may admit non-resident pupils to school 62 rates of tuition for, how fixed 62 INDEX. 129 The references are to compiler's sections. DISTRICT BOARD Continued : director to be clerk of 64, 194 to appoint persons to take school census 65, 198 when may issue bonds 96 to apply for jury in suit to obtain site. 107 to be trustees in graded school districts 124-127 district library to be managed by 136, 198 may donate or sell books to township library 142 kindergartens to be provided by 160-3 financial statement of district to be published by 168 United States flag to be provided by 170 to be trustees in township school districts 192 when day schools for deaf may be provided by 283 qualifications of certain teachers, may hire 303 (See District Officers.) DISTRICT LIBRARIES: (See Libraries.) DISTRICT MEETINGS : notice of, on formation of new district 25, 191 when annual, to be held 37, 194 when special, may be called notice of, to indicate the business 38 notice of. what to specify 38, 39 who eligible voters at 40 relative to challenging voters at 41 penalty for disorderly conduct at 42 to give directions regarding suits 43 to direct sale of property 43 powers of annual 43, 126 when clerk and chairman may be appointed at 43, 194 what board to determine in case of failure of certain 43, 199 limit of taxes that may be voted at 43, 199 officers to be elected at 44, 124, 192 to fill vacancy in district office board to make financial statement to annual to determine uses of school-house moderator to preside at proceedings of, to be recorded director to give notice of estimates of expenses to be made to annual 64, 202 may vote on issuance of bonds may vote tax to pay money borrowed voters at, may designate site 106 DISTRICT OFFICERS: compensation of ". 43, 64, 2( election and term of office of 44, 124, 1 when may be appointed 46, 125, 194 who eligible to election as 47 acceptance of office of 48, 12o, 11 penalty for neglect to accept office or perform duties may be removed by township board - (See Treasurer, Director, Moderator and District Board.) DISTRICT SCHOOLS: (See Schools.) DISTRICT TAXES: (See Taxes.) DISTURBING DISTRICT MEETING OR SCHOOL : penalty for 42, 60 DIVISION OF DISTRICT: (See School District; also Township Board of Inspectors.) DOG TAX. apportionment of, surplus /4U DRAWING TEACHERS : act to define qualifications of 8ws- EDUCATION : constitutional provisions relative to ELECTION : of State officers, when held, etc of State Board of Education who legal voters at, in school district when, of district officers held 44, 125, 19- if not held, inspectors to appoint officers 4b, 12o who eligible to, in school district *, regulations at. to vote on issuance of bonds of members of county board of school examiners 1'Jj of school inspectors -^ 4 ' --? for submitting question of rural high schools, where held - form of ballot used at ~ y ELECTORS : . An who are qualified *" when question of rural high schools submitted to ^ y4 ELIGIBILITY TO OFFICE: ,_ in school districts 17 130 INDEX. The references are to compiler's sections. EMPLOYMENT : of teachers 56, 126, 161, 198 of persons to take school census 65 of officers, etc 126 ENGLISH LANGUAGE : instruction to be conducted in 7 ENUMERATION OF CHILDREN : (See Census.) EQUALIZATION OF TAXES : (See Taxes.) ESTIMATES : of amounts to be raised by tax 52, 64, 19$ EVIDENCE : of organization of district in proceedings to obtain site , 107 of regularity in proceedings to remove officers 150 EXAMINATION: of proposed site by jury U 1. meetings for, of teachers 179 of teachers by county board of examiners : 179. 180, 188 questions for, of teachers of inspectors reports by county commissioner of teachers by officers in certain districts 188 of applicants for admission to Agricultural College 189, 190 fees to be collected from teachers for 207 of teachers by State Board of Education 255 of applicants for State certificates 255 EXAMINERS : of teachers to collect fees 207 to pay same to county treasurer 208 (See County Board of School Examiners.) EXECUTION : not to issue against school district 101 EXPENSES : incidental, estimated by board of directors, how paid 64, 126 estimates of, to be presented at annual meeting 64, 202 inspector's, limited 75 of commissioners limited 185 how paid 185 teachers' institutes, how paid 211 State institute, how paid 213 vouchers for, of teachers' institute, where filed 214 FEES: to be paid by teacher on obtaining certificate 207 disposition of, collected by director and secretary 208 FEMALES : may vote at school district meetings 40 eligible to district offices 47 FINES : how applied, for breach of penal laws for disturbing district meeting ^ for disturbing school 60 on census enumerator for making false returns 66 giving false information to census enumerator 66 for damages to library books 133 apportionment of, for breach of penal laws 140 (See Penalties.) FLAGS : who to purchase U. S., for schools 170 FORFEITURES : (See Penalties.) FORMATION : of teachers' associations 229-31 of districts. (See School Districts and Township Board of Inspectors.) FORM OF OATH : of challenged voter 41 FORMS, BLANK : sections 306-36 (See Appendix.) FRACTIONAL DISTRICTS : (See School Districts; also Township Board of Inspectors.) FREE SCHOOLS: to be provided 7, 191 FREE TEXT-BOOKS : (See Text-Books.) FUNDS : educational 5, 6 library 1 ."> teachers' institute 208 of associations for establishing loan 27.") for maintaining day schools for the deaf 285, 286 INDEX. 131 The references are to compiler's sections. GRADED SCHOOL DISTRICTS: annual meeting of 37 notice of intention to organize 124, 128 election and term of office of trustees of 124, 128 officers of, to be elected by trustees 125 powers and duties of trustees 125, 126 not limited to nine sections of land .. 127 consent of trustees to be obtained to alteration of boundaries 127 two or more contiguous districts may organize 128 change of, to primary district 129 publication of financial statement of 168 (See School Districts.) GRADING : of pupils not prevented in any district _ 61 in graded school districts 126 GRADES OP CERTIFICATES: of teachers 181 HIGH SCHOOLS: may be established in certain districts 126 act to establish rural 294-301 (See Graded School Districts.) INCIDENTAL EXPENSES : estimated by district board 52 INDEBTEDNESS : of districts 95 (See Bonds.) INDIANS : when children of, not included in census 65 INHABITANTS TAXABLE : (See Taxable Inhabitants.) INSPECTION, BOARD OF : (See Board of Inspection.) INSPECTORS, BOARD OF SCHOOL: (See Township Board of School Inspectors.) INSTITUTE : (See Teachers' Institutes.) INSTITUTIONS : for deaf, dumb and blind to be provided 13 INSTRUCTION : to be conducted in the English language who to have general supervision of 17 INSURANCE MONEYS: how used 257 INTEREST : apportionment of, on State funds 5, 6, 20 on bonds limited tax majy be voted to pay on judgment against district 105 on moneys lost by certain officers 146, 147 JOINT MEETINGS : of township boards of school inspectors 27 of township boards 121, 206 JUDGE OF PROBATE : to participate in filling vacancy in board of examiners 176 JUDGMENTS : assessment of taxes for payment of and suits against school districts, sections relative to 99-105 execution not to issue on when rendered in proceedings to obtain site JURISDICTION : justices to have, in actions against districts JURY : board may apply for, in proceedings to obtain site .1Q7-111 JUVENILE DISORDERLY PERSONS : penalty for failure of parent or guardian to send, to school 217 to be sent to ungraded schools 218, 2 who deemed, or truants 219, 221 proceedings against parents of, for neglect of duty ^20 KINDERGARTEN : duty of district board relative to ; qualifications of, teachers 161, 30J-dU4 children entitled to attend Jjj act to apply to other schools LAND : limit of tax on, for building school-house when, not taxed for A- 1 o a *j by township clerk when new district fails to organize 134 INDEX. The references are to compiler's sections. NOTICE Continued : of meeting of inspectors to form fractional districts to alter boundaries of special meetings of district board, when and how given of district meetings, to be given by director 39, 64 of township clerk to supervisors of school taxes 79, 199 who to give, to directors of moneys to be appropriated of apportionment of moneys to districts, to whom given 81 of supervisor and treasurer of taxes assessed 85-87 treasurer to give, of money in his possession 90, 201 county treasurer to give, of moneys apportioned 94 of meeting of district to borrow money 98 in proceedings to obtain site, how given 109 of meeting to organize as graded school district 124 of township board of proceedings to remove officer 150 teachers' examinations, how given 179 to teacher of intention to revoke certificate 182 to parent or guardian of non-attendance of child at school, by whom given 217 teachers' associations, of formation of, how given 229 OATH : deputy superintendent of public instruction to take 18 tendered to challenged voter at district meeting 41 false, deemed perjury to be taken as to correctness of census list 65 of juror in proceedings to obtain site Ill of office, members of board of school examiners to take 176, 177 OFFICE : term of, of State officers, when to begin, etc 2 of regents of University 9 vacancy in, how filled 9 State Board of Education 12 of district officers 44, 1 24, 192 acceptance of, to be filed 49, 125, 193 removal of officers from 1 50 term of, of board of school examiners 176 of inspectors 226 of trustees of associations establishing loan funds for students 274 of library commissioners 278 OFFICERS : (See Names of the Several Officers.) ONE-MILL TAX: surplus from, how applied 43 assessment, collection and disposition of 83 (See Taxes.) ORDERS : on treasurer to be countersigned by moderator 63 to be drawn and signed by director 64 to be paid from proper funds 69 of inspectors on township treasurer for library moneys 132, 198 (See Warrants; also Moneys.) ORGANIZATION : formation, etc., of new districts 24-29 of graded school district 124 1 2!) of township school districts in upper peninsula 191-206 (See School Districts; also Township Board of School Inspectors.) PARENTS AND GUARDIANS : entitled to vote at district meetings 40 required to send children to school 215 duties of truant officers relative to 217 liability for not sending 217 proceedings against 220 PENALTIES AND FORFEITURES: not maintaining three months' school 8 district for not maintaining certain length of school 43, 83, 198 census enumerators for making false returns . 66 giving false information to census enumerator 66 damages to library books 133 taxable inhabitant for neglect of duties in formation of district 143 district officers' neglect to accept office or perform duties 144 inspectors for neglect of duties, etc 145 for not making reports, etc 145 township clerk, for neglect in transmitting reports 146 county clerk, for not transmitting reports 147 moneys collected for, how applied 148 supervisor and clerk's neglect regarding taxes 149 neglect to teach prevention of diseases 165 district officers, for not publishing financial statement 169 not purchasing IT. S. flag 1 70 parent or guardian not sending children to school 217 illegal payment of public moneys 239 PERJURY : what deemed 41 INDEX. 135 The references are to compiler's sections. PHYSIOLOGY AND HYGIENE :. to be taught in all public schools 58 certificate of instruction in, where filed, etc 58 penalty for failure of district board to comply with statute 58 district board to adopt text-books by whom approved, etc 58, 153, 25G POLL LIST : to be kept when voting on issuance of bonds 95 POOR CHILDREN: to be furnished with text-books 59 PRESIDENT : of University 11 PRIMARY SCHOOLS : (See Schools.) PRIMARY SCHOOL INTEREST FUND: constitutional provisions respecting 5, 6 three months' school to be maintained to secure apportionment of 20 proceedings in case of defective returns of 21 when deficiency may be apportioned 22 time school to be maintained to secure 43 to be used only for teachers' wages how apportioned to districts 80, 194 county clerk's duties relative to 93 county treasurer's duties relative to 94 PROCEEDINGS : against school district 99-105 to obtain school-house site 106-20 in case of incumbrances 117 upon appeal from action of inspectors 121-3 for removal of officers 150 PROPERTY : when inspector may sell district to be apportioned on division of district 35, 36 when sale of district, may be directed by voters care and preservation of district 57, 126 disposition of, in forming township districts 203 to be apportioned on division of township 206 of teachers' associations 230 PROSECUTIONS : (See Actions. Proceedings, Suits.) PUBLIC INSTRUCTION : (See Superintendent of Public Instruction.) PUBLIC LIBRARIES: (See Libraries.) PUBLIC MEETINGS : when may be admitted to school-house 57 PUBLIC MONEYS: (See Moneys.) PUBLICATION : of financial statement bv school board 168 PURCHASE : who to, record books for district of site for school-house 51, 198 who to. books for poor children of appendages for school-house 64 of books for library 132 PUPILS : when may be suspended or expelled 60 who may be 61 classification of 61. 126 admission of, to schools 61, 62, 126, 162 tuition of non-resident 62 admission of. to Normal school 248 QUALIFICATIONS : of voters at district meetings 40 QUESTIONS : of examinations for teachers . . 180 REAL ESTATE : board of trustees of rural high schools may hold 297 RECORD : director to keep, of proceedings 25, 64 director's, to be evidence of organization of district who to keep, of acceptances of office who to provide, books for proceedings of district meetings of report of taxes to annual meeting 55, 202 teacher to keep, of pupils where, of inspectors to be kept 76. 11 to be kept of consent of trustees in alteration of graded school district who to keep, of removals from office of certificates granted to teachers, who to keep who to keep, of examinations held by board of school examiners 183 136 INDEX. The references are to compiler's sections. REGENTS : of the University, how elected, etc 9, 10 REGISTER : of school to be kept by teacher 56 REGULATIONS : for government of schools 60, 198 at elections to vote on issuance of bonds for government, etc., of libraries 133 REMOVAL : from district to vacate office 45 of school-house from leased site of officers in graded school district of officers by township board 150 REPAIRS : (See School-houses.) REPORT : Superintendent of Public Instruction to make annual, to Governor district board to make, to annual meeting 55, 202 directors to make annual, to inspectors 67 of director, where filed 67, 76 of director, to whom made in fractional districts 68 inspectors to make to county clerks 72, 137, 197 forfeiture for false, of director 73 inspector to make, to township board of finances 74, 202 who township clerk to, to of taxes to be assessed 79,199 township clerk to make certain, to treasurer and director 81 supervisor to, taxes assessed to township treasurer ' 86 township clerk's duties relative to, of inspectors 93 liability of officers for failure to make 146, 147 to whom academies, etc., to make 171 county commissioner of schools to make 183 chairman of board of school inspectors to make 184 State Board of Education to make, to legislature 250 publication, etc., of, of Superintendent of Public Instruction 289, 291, 292 board of trustees of rural high schools to make certain 297 REQUEST : to call special meetings 38, 196 RESIDENTS : notified of first meeting in school district 25 qualifications of, to vote at district meetings 40 ceasing to be, vacates office 45 rights of, to attend school 61 exceptions of, in school census 65 RETURN : of notice of first meeting on organization of district. . 25 REVOCATION OP TEACHER'S CERTIFICATE: by board of school examiners 182 by State Board of Education ->4G 47 255 RULES : (See Regulations.) RURAL HIGH SCHOOLS : an act to establish 294-301 when question of, submitted to electors 294 board of trustees of, when and how elected 296 term of office 296 duties 297 SALE OF PROPERTY : when, made by inspectors 35 to be directed by district 43 when, made by district board 51 SCHOLARS : (See Pupils.) SCHOOL: to be free 7, 191 to be maintained at least three months 8 agricultural, to be provided 14 time necessary to be maintained 43, 83, 198 who to fix minimum length of time of 43, 198 who to estimate and vote taxes for support of 52, 199 not to be sectarian 54 register of, to be kept by teachers 56 district board to prescribe text-books for 58 pupils may be suspended or expelled from 60 penalty for disturbing 60 district board to establish regulations for 60, 198 resident pupils admitted to 61 not to be separated on account of race 61 may be graded 61, 126 admission of non-resident pupils to 62 statistics of, to be reported by director 67 visitation and examination of 183 when ungraded, to be established 218 training, in connection with State Normal 245 INDEX. 137 The references are to compiler's sections. SCHOOL Continued : persons desiring to teach, with whom to file certificate 258 who to publish course of study, etc., for certain 289 act to establish rural high 294-301 board of trustees of rural high, to visit 297 SCHOOL BOARD: (See District Board.) SCHOOL BOOKS: (See Text-books.) SCHOOL CENSUS: time of taking, not to be changed 37 when and how taken 65 SCHOOL DISTRICTS: of what composed 24 to be numbered by inspectors 24 not to contain more than nine sections of land 24 formation of 24-9 formation of fractional 27 when deemed legally organized corporate powers of 30 name and style of 30 when consent of taxpayers to be obtained to alteration in when persons outside may be attached alterations to be reported to director division of property in forming new, from old 35 meetings of, when held, etc 37-43, 194 may borrow money in certain cases 52 who to make annual report of 55, 202 who to appear in suits for or against 69 not to receive moneys when hiring unqualified teachers maps showing boundaries to be made moneys to be apportioned to 80, 81 when moneys paid by old, to new 84 levy and collection of taxes in fractional may borrow money to pay indebtedness may vote to pay money borrowed 98 suits and judgments against 99-105 judgments against fractional 104 appeal from inspectors' action in forming, etc 121-3 what districts may organize as graded 124, 128 organization, etc., of graded 124-9 change of, from primary to graded * 129 township organization of 191-206 who to provide course of study, etc.. for 289 SCHOOL EXAMINERS: (See County Board of School Examiners.) SCHOOL FUNDS : (See Moneys.) SCHOOL-HOUSES : when certain persons not liable to tax for building not needed may be sold 35, 43, 51 building committee may be appointed 43 district to vote tax for appendages to 43 district to direct the procuring of 43 when land not to be taxed for building 43 tax for repairing limited 43 repairs to, who to make, etc site for, to be purchased or leased 43, 51, 198 tax for building, limited 43, 18 board to procure 51, 198 district board to have care, etc., of when open or closed for public meetings director to provide appendages to limitation of indebtedness to build bonds may be issued to build 95 SCHOOL-HOUSE SITES: (See Sites for School-houses.) SCHOOL INSPECTORS: (See Township Board of School Inspectors.) SCHOOL LAWS: to be published SCHOOL MONEYS: (See Moneys.) SCHOOL MONTH: of what to consist SCHOOL PROPERTY: (See Property.) SCHOOL TAXES: (See Taxes.) SCHOOL TEACHERS: (See Teachers.) SCHOOL YEAR: when to commence 13 138 INDEX. The references are to compiler's sections. SECRETARY : of board of trustees of rural high schools to make certain reports, and salary 298 who to transmit lists of public libraries to, of board of library commissioners.... 305 SECTARIAN SCHOOLS : not to receive public moneys 54 SHERIFF : to remove respondent from school property 115 SITES FOR SCHOOL-HOUSES: when not needed may be sold 35, 51 notice of meeting to change 39 voters to direct procuring of 43 lease or purchase of 43, 51, 198 board to purchase or lease 51, 198 issuance of bonds for purchase of 95 how designated 106 to be selected by a two-thirds vote : 106 proceedings to obtain 106-20 compensation for, how determined in certain cases Ill claims against, settled ' by circuit judge 117 SPECIAL ELECTIONS: when question of rural high schools decided at 294 where held 295 form of ballots used at - 295 SPECIAL MEETINGS : (See District Meetings.) B BOARD OF EDUCATIO STATE BOARD OF EDUCATION: constitutional provisions for 12 to grant certificates to graduates of colleges 173 may refuse to accept certain diplomas 175 to be a body politic 241 powers and duties of 241-63 regarding State Normal school 243-51 members of, not to act as agent 244 to grant diplomas to graduates of State Normal school 246, 247, 263 to make report to legislature 250 to grant State certificates to teachers ' 255 persons desiring to tea-ch, with whom to file certificates approved by 258 powers and duties regarding Central Michigan Normal school 259-Q1 to grant certificates for elementary and rural schools 263 powers and duties regarding Northern State Normal school 265-70 STATE BOARD OF HEALTH : to furnish data regarding communicable diseases 164 STATE BOARD OF LIBRARY COMMISSIONERS: appointment and term of office of 278 who to constitute 278 vacancies in, how filled 278 reports of, to whom made, etc 279 duties of 279, 280 expenses of, limited 281 fund for use of , 282 who to transmit lists of public libraries to secretary of 305 STATE CERTIFICATES : to be granted to graduates of certain colleges 173 when granted to graduates of State Normal school 246, 247, 263 when granted by State Board of Education 255 STATE INSTITUTIONS : certain to be under supervision of Superintendent of Public Instruction 17 STATE NORMAL SCHOOL: to be under care of State Board of Education 12 professional instruction in 243 training school in 245 diplomas and certificates to graduates of 246, 247, 263 an act to change the name of 264 STATE OFFICERS : election and term of office of 1-3 STATE TEACHERS' INSTITUTE : to be held annually 213 expenses of, how paid 213 STATEMENT : board of trustees of rural high schools to publish certain 297 (See Notices and Reports.) STATE UNIVERSITY: diplomas and certificates of graduates 172 STUDIES : to be prescribed ~>8 SUITS : may be brought for or against district 30 directions given by meeting in regard to treasurer to appear for district in 69 on treasurer's bond 69 when moderator may appear in, for district on bond of chairman of board of inspectors 71 jurisdiction of justices in 99 INDEX. 139 The references are to compiler's sections. SUITS Continued : and judgments against district 99-105 summons in, served on treasurer 100 not brought to collect judgment 101 for collection of fines, etc 147, 150 (See Actions, Judgments and Proceedings.) SUPERINTENDENT OF PUBLIC INSTRUCTION : where office of, shall be kept 1 election and term of office of 1, 2 vacancy in office of, how filled 3 duties of 4 to be a member and secretary of State Board of Education 12 to have general supervision of public instruction 17 make annual reports to legislature 17 visit State institutions, etc 17 appoint a deputy 18 publish and transmit laws and forms to officers 19 duties relative to apportionment of primary school moneys 20, 22 to deliver books, etc., to successor 23 incorporated academies to report to 171 forms of teachers' certificates to be prepared by 180 questions for examinations of teachers to be prepared by 180 to send examination questions to examining officers 180 prescribe form of rules for boards of school examiners 181 annual county teachers' institutes to be held by 209 may appoint conductors of teachers' institutes 210 when, may draw on State Treasurer for aid to teachers' institutes 212 expenses for State institutes, how drawn by 213 may prepare certain courses of study, etc 289 who to distribute report of 289 to prescribe forms for publication and distribution of report 289, 291, 292 to approve course of study for rural high schools 297 board of trustees of rural high schools to make certain report to 297 endorsement of, of certain schools required 302 SUPERVISION OF SCHOOLS: (See County Board of School Examiners, Chairman of Board of Inspectors.) SUPERVISOR : map of township to be filed with 78 township clerk to certify taxes to 79, 199 to assess school taxes 82, 199 to assess one-mill tax 83 equalization of taxes by 85 certifying and levying taxes in fractional districts by 85 to deliver warrant for collection of taxes to township treasurer 86 to assess judgment against school district 105 liability for not assessing taxes 149 (See Taxes.) SURPLUS OF DOG TAX: how apportioned . 240 SURPLUS OF SCHOOL MONEY: how may be appropriated 43 SUSPENSION : of pupils from school 60 of teachers' certificates 182 TAXABLE INHABITANTS : duties in relation to formation of district 25 penalty for neglect of duty 143 TAXES : for State expenses 16 specific, how applied ' 16 non-taxpayers not to vote on question involving 40 for repairs to school-house 43 for building school-house or purchasing site 43 for apparatus, etc., for school-house how surplus of one-mill, may be applied 43 what land exempt from, for building school-house 43 limit of, for certain purposes . 43, 199 for incidental expenses 52 limit of, for support of school 52 estimated and reported by district board 52, 199 report of, by board to township clerk 53 moneys raised by, not to be diverted 54 for books for indigent children assessed on division of district 79 when reported to supervisor 79, 199 apportionment of, when collected failing to be assessed, to be levied the next year supervisor to assess 82, 83, 199 assessment of 82. 83. i'o4 duties of township treasurer relative to collection of 82, 87 assessment, collection and disposition of in township before any school is maintained 83 140 INDEX. The references are to compiler's sections. TAXES Continued : on old district for new 84 certifying of, in fractional districts 85 equalization of 85 warrant for collection of 86 apportionment of, when district is divided 88, 206 for school purposes to be paid next to township expenses 89 when township treasurer to pay out certain 91, 201 may be raised to pay borrowed money 97 judgments against districts 105 for support of libraries 141 liability of supervisor for not assessing 149 school, to be in separate column 200 apportionment of surplus dog 240 TEACHERS : public moneys not to be paid to, not holding certificates 54 to keep school register 56 to be furnished with copy of contract 56 contracts with 56, 126 employment of 56, 126, 198 to file certificate of instruction in physiology, etc., with director 58 list of, to be examined by inspectors 73 not to act as agent for school books, etc 151 qualifications of 161 to give instruction regarding prevention of communicable diseases 164 faculty of University to grant certain, certificates 172 revocation or suspension of certificates 172, 182, 246, 247, 255 who to give, certificates to graduates of certain colleges 173-5 examination of, by county board of school examiners 179, 180 certificates given to, by county board of school examiners 180 grades of, certificates 181 records of, certificates to be kept * 183 list of, to be furnished township clerk 183 fees, to pay on obtaining certificates 207 may close school to attend institutes 210 certificates given to certain pupils of State Normal school 246, 247, 263 State Board of Education to grant certain, certificates 255 examination of, by State Board of Education 255 with whom to file certain certificates 258 employment of, in day schools for the deaf 287 who to appoint, for rural high schools 297 act to define qualifications of certain 302-4 TEACHERS' ASSOCIATIONS : formation and incorporation of 229-31 TEACHERS' INSTITUTES : funds for support of, how raised 207, 208 annual, to be held in each county 209 counties may be united in 209 teachers may close school to attend 210 conductor of, may be appointed 210 expenses of, how paid 211 State Treasurer to aid 212 State, to be held 'annually 213 expenses of, how paid 213 expense vouchers for, where filed 214 who may publish outlines for. . . . 289 TERM OP OFFICE : of State officers 2 regents of the University 9 members of State Board of Education 12 district officers 44, 124, 192 members of board of school examiners 176 township officers 192, 226 board of trustees of rural high schools 296 TEXT-BOOKS : by whom prescribed 58 on physiology, etc., by whom approved 58 256 to be furnished to indigent children 59 district board to purchase, when authorized 153, 154 district to vote on question of furnishing ' 154 when to be property of district 154 when proposals for, advertised 155 who to make contract for furnishing ....'.!. 155 who to estimate amount necessary to purchase 156 when district board to purchase 157 penalty for failure of district board to comply with law. . 158 TOWNSHIP BOARD: to allow accounts of inspectors 74 duties of, in case of appeal from inspectors' action 121-3 may remove certain officers 150 when, may submit question of rural high schools to electors 294 INDEX. 141 The references are to compiler's sections. TOWNSHIP BOARD OP SCHOOL INSPECTORS: abstracts of reports of 17 may divide township into school districts 24 school districts to be numbered by 24 may alter boundaries of districts 24, 32 clerk of. to notify taxable inhabitant of formation of district 25 duties of, in forming fractional districts 27 notice and number of meetings 31,75, 196 may attach certain non-residents to districts 33 clerk of, to notify directors of alteration in districts 34 to determine tax on division of district 35 when may sell school-house site 35 to apportion property on division of district . 35, 36. 206 when may appoint district officers 46, 125 director to report to 67 who to be chairman and clerk of 70 who to constitute 70, 197 chairman to be treasurer of, and give bond 71 reports of, to be made in triplicate 72 to whom township clerk to transmit reports of 72 to examine list of teachers before reporting to county clerk 73 facts relative to employment of unqualified teachers to be certified by to account to township board for funds received and disbursed 74 records of, where kept 76 library money subject to order of 89, 198 on determining site, to ceptify to directors 106 when to determine school-house site 106, 198 appeal from action of, to township board 121-3 restricted in altering boundaries of graded school districts 127 duties of, concerning libraries 130-42 to purchase books for township library 132, 198 to apply for library moneys 132, 198 to have care of township library 133 penalty for neglect to qualify or perform duties 145 liability for neglect to report 146 members of, may be removed by township board examination of reports of, by county commissioner of schools 183 compensation of 228 TOWNSHIP CLERK: notice of formation of new district to be given by 25, 26, 191 to give notice of meeting of inspectors to notify director of alteration in district to be member of board of inspectors 70, 76, 194 bond of chairman of board of inspectors to be approved and filed by may bring suit against to forward inspectors' report to county commissioner of schools to receive and dispose of communications 76 proceedings of board of inspectors to be recorded by 76 duties of, as inspector : 76, 194 records, reports, books, etc., to be kept on file by 76, 202 to notify county clerk of name, etc.. of chairman of board of inspectors map of township to be filed by, with supervisor to report taxes to supervisor 79. 199 to apportion moneys to district 80, 81 to give notice to director of moneys apportioned bond of appellants from inspectors to be approved by 122 not to act on township board in case of appeal from inspectors 123 liability for neglect in transmitting reports 146 liability for not reporting taxes to supervisor order for removal of officers to be recorded by 150 list of teachers to be furnished to 183, 202 election of 224 compensation of to draw books for township officers 292 to be clerk of board of trustees of rural high schools 296 TOWNSHIP SCHOOL INSPECTORS: (See Township Board of School Inspectors.) TOWNSHIP DISTRICT : organization of 191-206 officers of, board time and place of meeting of, board 194, ! board, duties of amount of tax voted for report of, board 202 disposition of property compensation of, board division of 206 TOWNSHIP LIBRARIES : (See Libraries.) 142 INDEX. The references are to compiler's sections. TOWNSHIP TREASURER : warrants on, by whom signed 63, 64 to draw warrant for collection of taxes 86, 87 duties relative to taxes in fractional districts 87, 91 to pay school taxes next to township expenses to hofd moneys subject to proper orders and warrants 89, 198 to apply to county treasurer for moneys 90 to give notice of moneys to township clerk 90, 91 library moneys to be paid by, to inspectors 132, 194. 198 to recover penalties, etc., from certain officers 146, 148 election of 224 to be treasurer of board of trustees of rural high schools 296 TRAINING SCHOOL : in connection with State Normal school 245 TREASURER, COUNTY : (See County Treasurer.) TREASURER OF BOARD OF SCHOOL INSPECTORS : (See Chairman of Board of School Inspectors.) TREASURER OF DISTRICT: acceptance of office , 48, 125 to be member of district board 49 when and how, may be removed 50 and moderator to audit director's accounts 64 warrants on township treasurer payable to 64 to make certain report to district board 69 to pay orders legally drawn, from proper fund 69 to keep certain records 69 bond required of 69 to appear for district in suits 69 money paid to, from old district 84 to be member of board of inspection at election to vote bonds 95 summons to be served on, in suits against district 100 to certify judgment against district to supervisor. .' 102-4 penalty for neglecting duties 144 may collect damages from certain officers 149 (See District Board, and Moneys.) TREASURER, TOWNSHIP : (See Township Treasurer.) TRIAL : (See Action, Proceedings and Suits.) TRUANTS : ungraded schools to be provided for 218 who deemed 219, 221 to be tried by justice or recorder 220, 222 when sent to reformatory institutions 222 TRUANT OFFICERS: how appointed 216 to enforce compulsory education laws 217 duty of, to examine into cases of truancy 217 to warn truants and their parents or guardians 217 to make complaint in truancy cases 220 TRUSTEES : (See Board of Trustees.) TUITION : of non-resident pupils 62 may be charged for studies in high schools 126 UNGRADED SCHOOLS: may be established in graded school districts 218 juvenile disorderly persons to be sent to 219 UNIFORMITY : of Normal school courses 262 UNION SCHOOL DISTRICT : (See Graded School District.) UNITED STATES FLAG: purchase of 170 UNIVERSITY : constitutional provisions relative to 9. 11 diplomas and certificates to graduates 172 VACANCY : in State offices, how filled office of regent of University, how filled 9 how filled in district offices 45, 46 in board of trustees of graded school district 125 how filled in board of school examiners 176 in office of county commissioner of schools 187 in board of trustees of township school district 195 in board of library commissioners 278 (See Appointment.) VENIRE : in proceedings to obtain site 108, 110- INDEX. 143 The references are to compiler's sections. VISITATION: and examination of schools 183, 198 VOTERS : who are qualified 40 challenge of 41 (See District Meetings.) VOUCHERS : for expenditures by treasurer 69 for accounts of inspectors 74 for payments at teachers' institutes 214 WARRANTS : on State Treasurer for primary school interest fund 20 on township treasurer 63, 64, 89. 194 to township treasurer for collection of taxes 86, 87 WATER SUPPLY: district board to furnish 57 WITNESSES : in proceedings to obtain site Ill WOMEN : qualified as voters at district meeting eligible to election as district officers 47 YEAR, SCHOOL : when to commence 37 381335 UNIVERSITY OF CALIFORNIA LIBRARY