8 
 LB 
 
 GENERAL SCHOOL LAWS 
 
 MICHIGAN 
 
 WITH APPENDIXES 
 
 KK!) AT TilH; OFFICE OF THE 
 
 SUPERINTENDENT OP PUBLIC INSTRUCTION 
 
 UNDER DIRECTION OF JUSTUS S. STEARNS 
 
 SECRETARY OF STATE 
 
 1899 
 
 HF. 
 
 UN'IV 
 
 MICHIGAN 
 3BERT SMITH PRIN1 STATE PRINTERS AND BINDEFiS 
 
 .99 . 
 
UNIVERSITY OF DRNIA 
 
 T 
 
 -C5T 
 
 GIFT O 
 
 Accession 85443 
 
 


THE 
 
 GENERAL SCHOOL LAWS 
 
 OF 
 
 MICHIGAN 
 
 ^ 
 
 WITH APPENDIX 
 
 COMPILED AT THE OFFICE OF THE 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 
 UNDER DIRECTION OF JUSTUS S. STEARNS 
 
 SECRETARY OF STATE 
 1899 
 
 LANSING, MICHIGAN 
 ROBERT SMITH PRINTING CO.. STATE PRINTERS AND BINDERS 
 
 1899 
 
CONTENTS. 
 
 CONSTITUTIONAL PROVISIONS. 
 
 PAGE. 
 
 Article VIII. State Officers, 7 
 
 Article XIII. Education, ... 7 
 
 Article XIV. Finance and Taxation, 9 
 
 STATUTORY PROVISIONS. 
 
 I. Primary School System, 
 
 (a) Superintendent of Public Instruction, 10 
 
 (b) Formation, Alteration, Meetings and Powers of Districts, - 12 
 
 (c) District Board and Officers, 22 
 
 (d) Township Officers, ' 33 
 
 (e) County Clerk and Treasurer, 39 
 
 (f) Bonded Indebtedness of Districts, - 40 
 
 (g) Suits and Judgments against Districts. 42 
 
 (h) Sites for Schoolhouses, - - 43 
 
 (i ) Appeals from Action of Inspectors, 49 
 
 (j ) Graded School Districts. 50 
 
 (k) Libraries, -..- 54 
 
 (1 ) Penalties and Liabilities, 57 
 II. Miscellaneous Provisions relative to Education and the Schools, - 
 
 (a) Free Text-books, 60 
 
 (b) Agricultural College Course, 63 
 
 (c; Kindergarten Method, 63 
 
 (d) - Teaching of Dangerous Communicable Diseases. 64 
 
 (e) Appropriation for the Teaching of above, - - 64 
 
 (f ) Publication of the Proceedings of Annual School Meeting, - 65 
 
 (g) Purchase and Display of United States Flag. 65 
 
 (h) Returns from Incorporated Institutes. 65 
 
 (i ) Teachers' Certificates from U. of M. , 66 
 
 (j ) State Teachers' Certificates, 66 
 
 III. County Commissioners and School Examiners, 68 
 
 IV. Township School Districts in Upper Peninsula. 76 
 
 V. Teachers' Institutes, - 81 
 
 VI. Compulsory Education. 84 
 
 85443 
 
CONTENTS. 
 
 PA<JE. 
 
 VII. Miscellaneous Offenses Crime and Truancy, - 87 
 
 VIII. Powers, Duties, and Officers of Townships School Inspectors. 88 
 
 IX. Teachers' Associations. 90 
 
 X. State Accounts Safe Keeping of Public Moneys, 90 
 
 XI. State Lands Apportionment of Dog Tax, 92 
 
 XII. State Normal Schools, - 92 
 XIII. Legislation of 1899, 
 
 (a) Name of Michigan State Normal College. - 100 
 
 (b)- Loan Funds for Students, 102 
 
 (c) State Library Commission, - 104 
 
 (d) Day Schools for the Deaf, 105 
 (e) Publication and Distribution of Laws and Public Documents, 106 
 
 XIV. Appendix. Forms for Proceedings under the School Laws. - - 109 
 
INTRODUCTORY; 
 
 Hon. Justus S. Stearns, Secretary of State, 
 
 Lansing, Michigan: 
 
 My Dear Sir In Compliance with your request I submit to you this 
 compilation of the General School Laws of 1899, the same to be pub- 
 lished and distributed in accordance with the provisions of act No. 44, 
 Public Acts of 1899, for the use of all persons having official charge of 
 the public schools of Michigan. 
 
 In making this compilation we have quoted from the Compiled Laws of 
 1897, making such additions and explanatory comments as became neces- 
 sary through the enactments of the legislature of 1899. The numbers in 
 parenthesis refer to the Compiled Laws, as also the chapters numbered 
 in Roman; the section numbers correspond to those of the Public Acts. 
 
 Near the back part of this book it will be noticed that these numbers 
 are not consecutive, but this is readily understood from the following 
 comments : 
 
 1. The law for Uniformity of Text Books, being section 4781-4790, 
 was repealed and therefore does not appear. 
 
 2. That part of the law referring to Teachers' Associations, the safe 
 keeping of public moneys, the prevention of crime and punishment for 
 truancy, is taken from different portions of the Compiled Laws of 1897. 
 
 I desire to call attention to the addition of the laws referring to the 
 powers and duties of the State Board of Education in the control of the 
 State Normal Schools, and the granting of degrees, diplomas, and certif- 
 icates. 
 
 The laws enacted by the legislature of 1899, amending previous laws 
 referring to education and the public schools, have been inserted in their 
 proper places, with explanatory marginal notes. The new laws enacted 
 are the following: 
 
 1. An act to change the name of the Michigan State Normal School at 
 Ypsilanti. 
 
 2. An act to provide for the establishment of a Normal School at 
 Marquette. 
 
 3. An act to provide for the establishment of loan funds for the assist- 
 ance of students desirous to attend our higher institutions of learning. 
 
 4. An act to create a State Library Commission. 
 
 5. An act to maintain day schools for the deaf. 
 
 6. An act to provide for the publication and distribution of laws and 
 public documents. 
 
 By reason of the reprinting of annotations, the publication of what was 
 
GENERAL SCHOOL LAWS. 
 
 designated as "Appendix A" in previous editions is no longer necessary. 
 We, however, print as an appendix what was known as "Appendix B." 
 Attention is also called to the note regarding apportionment of the dog 
 tax, and the printing and distribution of the legislative Manual and an- 
 nual report of Superintendent of Public Instruction. 
 
 Very respectfully yours, 
 
 JASON E. HAMMOND, 
 Superintendent of Public Instruction. 
 
 N. B. Inasmuch as following the Compiled Laws of 1897 necessitated 
 so many changes from the order heretofore followed, we would suggest 
 that all other editions of school law be discarded, and this substituted 
 therefor. J. E. H. 
 
GENEKAL 
 
 SCHOOL LAWS OF MICHIGAN 
 
 CONSTITUTIONAL PROVISIONS. 
 
 ARTICLE VTII. 
 
 STATE OFFICERS. 
 
 SECTION 1. There shall be elected at each biennial election, 
 a Secretary of State, a Superintendent of Public Instruction, 
 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 government, and ** to keep 
 shall perform such duties as may be prescribed by law. 
 
 SEC. 2. Their term of office shall commence on the first day ^ rm of ^ ce - 
 of January, one thousand eight hundred and fifty-three, and of 
 every second year thereafter. 
 
 SEC. 3. Whenever a vacancy shall occur in any of the State ^J ncy ' bow 
 offices, the Governor shall fill the same by appointment, by and 
 with the advice and consent of the Senate, if in session. 
 
 ARTICLE XIII. 
 
 EDUCATION. 
 
 SECTION. 1. The Superintendent of Public Instruction shall ^ U erf B endent 
 have the general supervision of public instruction, and his of pu"5o e i n ii. en 
 duties shall be prescribed by law. 
 
 SEC. 2. The proceeds from the sales of all lands that have school fund, 
 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 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 inviolably appro- 
 
GENERAL SCHOOL LAWS. 
 
 Escheats. 
 
 Free schools. 
 
 Instruction 
 conducted in 
 English lan- 
 guage. 
 
 District 
 schools. 
 
 When de- 
 prived of pub- 
 lic money. 
 
 Election of 
 regents of the 
 university. 
 
 Vacancy, how 
 filled. 
 
 Regents a 
 body corporate 
 
 President of 
 the university. 
 
 University 
 interest fund. 
 
 State board of 
 education. 
 
 Superintend- 
 ent of public 
 instruction a 
 member. 
 
 priated and annually applied to the specific objects of the 
 original gift, grant, or appropriation. 
 
 SBC. 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. 
 
 SEC. 4. The Legislature shall, within five years from the 
 adoption of this constitution,, provide for and establish a sys- 
 tem of primary schools, whereby a school shall be kept with- 
 out 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. 
 
 SEC. 5. A school shall be maintained in each school district 
 at least three months in each year. Any school district neg- 
 lecting to maintain such school shall be deprived for the ensu- 
 ing year of ite proportion of the income of the primary school 
 fund, and of all funds arising from taxes for the support of 
 schools. 
 
 SEC. 6. There shall be elected in the year eighteen hundred 
 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 succeed- 
 ing 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. 
 
 SEC. 7. The Kegents of the University, and their succes- 
 sors in office, shall continue to constitute the body corporate 
 known by the name and title of "The Regents of the University 
 of Michigan." 
 
 SEC. 8. The Regents of the University shall, at their first 
 annual meeting, or as soon thereafter as may be, elect a presi- 
 dent of the University, who shall be ex offtcio 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. 
 
 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 succeeding bien- 
 nial election there shall be elected one member of such board, 
 who shall hold his office for six years. The Superintendent of 
 Public Instruction shall be ex officio a member and secretary 
 of such board. The board shall have the general supervision 
 
GENERAL SCHOOL LAWS. 
 
 of the State Normal School, and their duties shall be pre- 
 scribed by law. 
 
 SBC. 10. Institutions for the benefit of those inhabitants Asylums. 
 who are deaf, dumb, blind, or insane, shall always be fostered 
 and supported. 
 
 SEC. 11. The Legislature shall encourage the promotion of 
 intellectual, scientific, and agricultural improvement; and 
 shall,, as soon as practicable, provide for the establishment of 
 an agricultural school. The Legislature may appropriate the Agricultural 
 twenty-two sections of salt spring lands now unappropriated, sc 
 or the money arising from the sale of the same, where such 
 lands have already been sold, and any lands which may here- 
 after be granted or appropriated for such purpose, for the 
 support and maintenance of such school, and may make the 
 same a branch of the University, for instruction in agriculture 
 and the natural sciences connected therewith, and place the 
 same under the supervision of the Regents of the University. 
 
 SEC. 12. The Legislature shall also provide for the estab- 
 lishment of at least one library in each township and city; Libraries. 
 and all fines assessed and collected in the several counties and Penai fines to 
 townships for any breach of the penal laws, shall be exclu- ubSes ed f 
 sively applied to the support of such libraries, unless other- 
 wise ordered by the township board of any township or the 
 board of education of any city: Provided, That in no case Proviso. 
 shall such fines be used for other than library or school pur- 
 poses. 
 
 ARTICLE XIV. 
 
 FINANCE AND TAXATION. 
 
 SECTION 1. All specific State taxes, except those received specific -taxes. 
 from the mining companies of the upper peninsula, shall be 
 applied in paying the interest upon the primary school, uni- 
 versity, and other educational funds, and the interest 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 specific taxes shall be 
 added to and constitute a part of the primary school interest 
 fund. The Legislature shall provide for an annual tax, suf - Tar for state 
 ficient w 7 ith other resources, to pay the estimated expenses of ex P enses - 
 the State government, the interest of the State debt, and such 
 deficiencv as mav occur in the resources. 
 
10 
 
 GENERAL SCHOOL LAWS. 
 
 STATUTORY PROVISIONS. 
 
 PART EIGHT COMPILED LAWS OF 1897. 
 OF PUBLIC INSTRUCTION. 
 
 CHAPTER CXVL THE PRIMARY SCHOOL SYSTEM. 
 
 Act 164, issi, p. An Act to revise and consolidate the laws relating to PUBLIC IN- 
 2i 3; Eff P ?uTy a f. STRUCTION AND PRIMARY SCHOOLS, and to repeal all statutes 
 and acts contravening the provisions of this act. 
 
 CHAPTER I THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 Powers and 
 duties of. 
 
 To make 
 annual report. 
 
 Contents of. 
 
 (4639) SECTION 1. The People of the State of Michigan enact, 
 That the superintendent of public instruction shall have gen- 
 eral supervision of public instruction and of all state institu- 
 tions, 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 
 in each year. He shall also prepare annually, and transmit 
 to the governor, to be by him transmitted to the legislature at 
 each biennial session thereof, a report containing: 
 
 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. 
 
 How. 5026. 
 
 As to superintendent of public instruction, see R. S. '38, ch. 1 of title 12; R. 
 S. '46, ch. 56; laws of 1850, p. 181; laws of 1851, p. 116; C. L. '57, ch. 74; C. L. '71, 
 ch. 131; Const, xiii, 1. 
 
GENERAL SCHOOL LAWS. 11 
 
 (4640) SEC. 2. He may appoint a deputy superintendent of Deputy super- 
 public instruction and revoke such appointment in his discre- i: 
 
 tion, and such deputy shall take the constitutional oath of 
 office, which, with his appointment, shall be filed with the sec- 
 retary of state. Said deputy may execute the duties of the of- Duties of. 
 fice in case of a vacancy or the absence of the superintendent. 
 
 How. 5027. 
 
 (4641) SEC. 3. The superintendent of public instruction school laws to 
 shall compile and cause to be printed all general laws relating and published 
 to schools, together with all necessary forms, regulations, and JJjJ h forras ' 
 instructions for conducting all proceedings under said laws, or 
 relative to the organization and government of the schools, in- 
 cluding rules and regulations for the management of town- 
 ship and district libraries, and he shall transmit the same to 
 
 the several officers intrusted with the care and management 
 of said schools. 
 
 How. 5028. 
 
 (4642) SEC. 4. He shall semi-annually, on receiving notice 
 from the auditor general of the amounts thereof, and between 
 
 the first and tenth days of May and November, apportion the Apportionment 
 primary school interest fund among the several townships and 
 cities of the state, in proportion to the number of children in etc - 
 each between the ages of five and twenty years, as the same 
 shall appear by the reports of the several boards of school in- 
 spectors made to him for the school year closing prior to the 
 May apportionment and shall prepare a statement of the 
 amount in the aggregate payable to each county, and shall de- 
 liver the same to the auditor general, who shall thereupon 
 draw his warrant upon the state treasurer in favor of the treas- 
 urer of each county for the amount payable to each county. He couty ^eas- 
 shall also send written notices to the clerks of the several ureror - 
 counties of the amount in the aggregate to be disbursed in 
 their respective counties, and the amount payable to the town- amount to be 
 ships and cities therein respectively. 
 
 How. 5029. Am. 1885, p. 282; App. June 17, Act 202. Moiles v. Watson, 60 / 417. 
 
 (4643) SEC. 5. Whenever the returns from any county, 
 township, city, or district, upon which a statement of the 
 amount to be disbursed or paid to any such county, township, 
 city, or district shall be so far defective as to render it im- 
 practicable 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 apportionment 
 shall depend, and shall make the apportionment accordingly. 
 
 How. 5030. 
 
12 
 
 GENERAL SCHOOL LAWS. 
 
 When defi- 
 cency may be 
 apportioned 
 the next year. 
 
 (4644) SEC. 6. Whenever any county, township, city, or dis- 
 trict, through failure or error in making the proper report, 
 shall fail to receive its share of the primary school interest 
 fund, the superintendent of public instruction, upon satisfac- 
 tory 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 
 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. 
 
 How. 5031. Moiles v. Watson, 60 / 417. 
 
 other duties of (4645) SBC. 7. The superintendent of public instruction shall 
 Int. 6 " 1 perform such other duties as are or shall be required 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. 
 
 How. 5032. 
 
 CHAPTER II FORMATION, ALTERATION, MEETINGS, AND POWERS 
 
 OF DISTRICTS. 
 
 (4646) SECTION 1. The township board of school inspectors 
 shall divide the township into such number of school districts 
 as may from time to time be necessary, which districts they 
 boundaries of slia11 numl:)er ? and tnev mav regulate and alter the boundaries 
 of the same as circumstances shall render proper, subject to 
 the provisions hereinafter made; but no district shall contain, 
 more than nine sections of land, and each district shall be 
 composed of contiguous territory, and be in as compact a form 
 as may be. 
 
 On^tiie subject of primary schools, see R. L. 1827, p. 448; R. L. 1833, p. 129; 
 laws of 1835, p. 114; 1836, p. 49; 1837, p. 116; 1838, p. 4; R. S. '38, ch. 3, title 11; 
 laws of 1839, p. 199; 1840, p. 205; 1841, pp. 9, 80; 1843, p. 88; 1845, p. 96; 1846, p. 211; 
 R. S. '46, ch. 58; C. L. '57, ch. 78; J. L. '71, ch. 136. 
 
 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. Howlett, 94 / 168; Pingree v. 
 Board of Education, 99 / 408. Our primary school system is the pride of the 
 state. People v. Howlett, 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 
 
GENERAL SCHOOL LAWS. 13 
 
 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. 
 
 NINE SECTIONS: The policy of limiting school districts to nine sections 
 of land has been a uniform one. Simpkins v. Ward, 45 / 561. This means 
 an acreage equal to nine full sections. People v. Gartland, 75 / 143. As to 
 graded school districts, see Section 4749. 
 
 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. 
 Dist., 98 / 437. The legality of the organization and existence of the district 
 cannot be tested by certioray. Jaquith v. 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 intereference by quo warranto 
 with the organizatipn 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. 
 
 (4647) SEC. 2. Whenever the board of school inspectors 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 in- Township clerk 
 habitant of such district a notice in writing of the formation nottce'offor- 
 of such district, describing its boundaries, and specifying the mation to in- 
 time and place of the first meeting, which notice, with the h! 
 fact of such delivery, shall be entered upon record by the 
 clerk. The said notice shall also direct such inhabitant to J n J^ ab jf a J ts io t 
 notify every qualified voter of such district, either personally Smiting 
 or by leaving a written notice at his place of residence, 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 inhab- 
 itant 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 thereon a re- Return of 
 turn, showing such notification with the date or dates thereof, notice - 
 and deliver such notice and return to the chairman of the 
 meeting, to be by him delivered to the director chosen at such 
 meeting, and by said director recorded at length as a part of Notice and 
 the records of such district. ScoISed be 
 
 How. 5034. 
 
 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. 
 
 (4648) SEC. 3. In case the inhabitants of any district shall Proceedings in 
 fail to organize the same in pursuance of such notice as afore- ?oo e r gan?ze ure 
 said, the said clerk shall give a new notice in the manner here- district. 
 
14 
 
 GENERAL SCHOOL LAWS. 
 
 inbefore provided, and the same proceedings shall be had 
 thereon as if no previous notice had been delivered. 
 
 How. 5035. 
 
 Formation of 
 fractional dis- 
 tricts. 
 
 To whom 
 director of 
 such district 
 shall report. 
 
 When district 
 
 (4649) SEC. 4. Whenever it shall be necessary or convenient 
 to form a district from two or more adjoining townships, the 
 inspectors, or a majority of them, of each of such adjoining 
 townships, may form such district, to be designated as a frac- 
 tional district, and direct which township clerk shall make 
 and deliver the notice of the formation of the same to a tax- 
 able inhabitant thereof, and may regulate and alter such dis- 
 trict as circumstances may render necessary in the same man- 
 ner that other districts are altered. The annual reports of the 
 director of such district shall be made to the inspectors of 
 the township in which the school-house may be situated, and 
 the inspectors of such township shall number said district. 
 
 How. 5036. 
 
 Saginaw Twp. v. Sch. Dist:, 9 / 544; Brewer v. Palmer, 13 / 109. 
 
 (4650) SEC. 5. Every such school district shall be 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 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 district 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 conferred upon 
 school districts by law. 
 
 How. 5037. 
 
 PRESUMPTION OF LEGAL ORGANIZATION: When a district has ex- 
 ercised the frachises 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- 
 Organizatiou of selves under color of law into the ordinary municipal bodies, and have gone 
 districts. 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. 
 
 Presumption 
 of legal organ- 
 ization. 
 
 Director's 
 record of first 
 meeting to be 
 
 evidence. 
 
 (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. 
 
 How. 5038. 
 
 CORPORATE POWERS OF DISTRICTS. 
 
 school district (4652) SEC. 7. Every school district organized in pursuance 
 porate dy c of this chapter, or which has been organized and continued 
 
GENERAL SCHOOL LAWS. 15 
 
 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 Name and 
 
 of "school district number (such number as shall be style 
 
 designated in the formation thereof by the inspectors), of" 
 
 (the name of the township or townships in which the district 
 
 is situated), and in that name shall be capable of suing and Powers of. 
 
 being sued, of contracting and being contracted with, and of 
 
 holding such real and personal estate as is authorized to be 
 
 purchased by the provisions of law, and of selling the same. 
 
 How. 5039. 
 
 CORPORATE POWERS: The school district, under our statutes, is a cor- 
 poration, and, as such corporation, is represented by three officers: a moder- 
 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. 
 
 (4653) SEC. 8. Whenever the board of school inspectors Alterations of 
 shall contemplate an alteration of the boundaries of a dis- dSricts'by f 
 trict, the township clerk (and for meetings of boards to act ins pe ctors - 
 in relation to fractional districts, clerks of the several town- 
 ships interested) shall give at least ten days' notice of the time 
 
 and place of the meeting of the inspectors, and the alteration 
 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 alteration. When- 
 ever the boards of school inspectors of more than one tow r n- 
 ship meet, they shall elect one of their number chairman, and 
 another clerk thereof. 
 
 How. 5040. Am. 1883, p. 77; App. May 10; Act 82. 
 
 NOTICE: The notice required is jurisdictional and indispensable. Coulter 
 v. Inspectors, 59 / 391; Sch. Dist. v. Inspectors, 63 / 611; Gentle v. Inspectors, 
 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 A Iteration of 
 with the clerk of the board, before any action is taken. Coulter v. Inspect- district, 
 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 DISTRICT: The action of the joint boards is required in 
 case of fractional districts. Sch. Dist. v. Sch. Dist., 81 / 343. 
 
 (4654) SEC. 9. The inspectors may, in their discretion, de- 8 | f s to 
 tach the property of any person or persons from one district alter districts. 
 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 thereafter, except 
 by the consent of the owner thereof; and no district shall be 
 
16 
 
 GENERAL SCHOOL LAWS. 
 
 oTtax- C ayers t Divided into two or more districts without the consent of a 
 ?o be X ob?a 5 ine S d. majority of the resident tax-payers of said district, and no two 
 or more districts be consolidated without the consent of a ma- 
 jority of the resident taxpayers of each district. 
 
 How. 5041.- 
 
 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 
 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 (4655) SEC. 10. The inspectors may attach to a school dis- 
 b e S a r tt C aced trict any person residing in a township, and not in any organ- 
 theretoin [ Z ed. district, at his request; and for all district purposes ex- 
 cept 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. 
 
 How. 5042. 
 
 Township cierk (4656) SEC. 11. In all cases where an alteration of the boun- 
 
 o? alteration dapies of a school district shall be made, the township clerk 
 
 in districts. shall, within ten days, deliver to the director of each district 
 
 affected by the alteration a notice in writing, setting forth 
 
 the action of the inspectors and defining the alterations that 
 
 have been made. 
 
 How. 5043. 
 
 DIVISION OF PROPERTY. 
 
 When district 
 is divided, 
 property to be 
 apportioned. 
 
 When school 
 bouse or site is 
 not needed, 
 may be sold. 
 
 (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 dis- 
 trict, of the value of the school-house and other property be- 
 longing 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 inspectors of 
 the township in which such school-house and site shall be lo- 
 cated, may advertise and sell the same, and apportion the 
 proceeds of such sale, and also any moneys belonging to the 
 
GENERAL SCHOOL LAWS. 17 
 
 district thus divided, among the several districts erected in Proceeds of 
 whole or in part from the divided district. apportioned. 
 
 How. 5044. 
 
 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 or' 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. 
 
 (4658) SEC. 13. Such proportion shall be ascertained and 
 determined according to the value of the taxable property of cained 
 the respective parts of such former district at the time of the 
 division, by the best evidence in the power of the inspectors; 
 
 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 propor- 
 tion: Provided,, That no real estate thus set off, and which Proviso, 
 shall not have been taxed for the purchase or building of such 
 school-house, shall be entitled to any portion thereof, nor be 
 taken into account in such division of district property. 
 
 How. 5045. 
 
 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 / 421. 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 corporate 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. 
 
 (4659) SEC. 14. The annual meeting of each school district ^wne 
 shall be held on the first Monday of September in each year, 001 yew to 
 and the school year shall commence on that day: Provided, C( 
 
 That any school district that shall so determine at an annual Proviso, 
 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, Proviso. 
 That such action, in either case, shall not change the time of 
 the commencement of the school year, or the taking of the an- 
 nual school census. 
 
 How. 5046. Am. 1885, p. 16; App. Mar. 17; Eff. Sept. 19; Act. 22 
 Farrell v. Sch. Dist., 98 / 45. 
 
18 
 
 GENERAL SCHOOL LAWS. 
 
 Special 
 meetings. 
 
 (4660) SEC. 15. Special meetings may be called by the dis- 
 trict board; and it shall be the duty of said board, or 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 
 
 when may not required in the next succeeding section; but no special meet- 
 ing shall be called unless the business to be transacted may 
 
 Business of to lawfully come before such meeting, and no business shall be 
 transacted at a special meeting unless the same be stated in 
 the notice of said meeting. 
 
 How. 5047. 
 
 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. 
 
 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. 
 
 be stated in 
 notice. 
 
 Notices of 
 meetings. 
 
 (4661) SEC. 16. All notices of annual or special district 
 meetings, after the first meeting has been held as aforesaid, 
 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 dis- 
 trict, 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 purpose of estab- 
 lishing 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 preceding section, he shall 
 forthwith give notice, as above provided, 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 
 when annual aforesaid. Xo 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 fraudulent. 
 
 Duty of dis- 
 trict officer to 
 give notice 
 
 of notice. 
 
 How. 5048. 
 
 Who qualified 
 to vote at 
 school meet- 
 ings. 
 
 (4662) SEC. 17. Every citizen of the age of twenty-one years, 
 who has property assessed for school taxes in any school dis- 
 trict, and who has resided therein three months next preced- 
 ing any school meeting held in said district, or who has re- 
 sided three months next preceding such meeting on any terri- 
 tory 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 twenty-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. 
 
 v^4$& p - 93 ' App - Mar - S; Eff - Au %- 28 = Act 15 - 
 
 QUALIFIED \OTER: See act 13S of 1S93, conferring upon women the right 
 
GENERAL SCHOOL LAWS. 
 
 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 
 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. 
 
 (4663) SEC. 18. If any person offering to vote at a school challenging 
 district meeting shall be challenged as unqualified by any legal V( 
 voter in such district, the chairman presiding at such meeting 
 
 shall declare to the person challenged the qualifications of a 
 
 voter; and if such person shall state that he is qualified, and 
 
 the challenge shall not be withdrawn, the chairman shall ten- 
 
 der to him an oath, in substance as follows : "You do swear oaths to be 
 
 (or affirm) that you are a citizen of the United States, that you SjjJyjJuSJ" 
 
 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 district tax 
 
 therein;" and every person taking this oath shall be permitted 
 
 to vote upon all questions proposed at such meetings. 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 dis- 
 
 trict, 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 dis- 
 
 trict;" and he may vote upon all questions which do not di- 
 
 rectly involve the raising of money by tax. If any person so 
 
 challenged shall refuse to take such oath, his vote shall be re- 
 
 jected; and any person who shall wilfully take a false oath, False oath 
 
 or make a false affirmation, under the provisions of this sec- JJSjuly. 
 
 tion, shall be deemed guilty of perjury. When any question is 
 
 taken in any other way than by ballot, a challenge immedi- 
 
 ately after the vote has been taken shall be deemed to be made 
 
 when offering the vote, and treated in the same manner. 
 
 How. 5050. Am. 1895, p. 556; App. June 3; Eff. Aug. 30; Act 258. 
 Belles v. Burr, 76 / 6. 
 
 (4664) SEC. 19. If at any district meeting any person shall 
 conduct himself in a disorderly manner, and, after notice from Disorderly P er- 
 the moderator or person presiding, shall persist therein, the me^ti^'toTe* 
 moderator or person presiding may order him to withdraw taken into cus- 
 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 ordered as herein 
 provided, and also any person who shall wilfully disturb such 
 meeting 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 Penalty for 
 two nor more than fifty dollars, or by imprisonment in the m" 
 
GENERAL SCHOOL LAWS. 
 
 Who shall have county jail not exceeding thirty days; and any justice of the 
 triai dicti n ni peace, recorder, or police justice of the township, ward, or city 
 
 where such offense shall be committed, shall have jurisdiction 
 
 to trv and determine the same. 
 
 Powers of 
 qualified 
 voters at 
 school meet- 
 ings. 
 
 May appoint a 
 chairman. 
 
 May adjourn. 
 
 Elect district 
 officers. 
 
 May select a 
 site. 
 
 To direct the 
 purchasing of 
 sites. 
 
 Vote tax. 
 
 Limit of tax. 
 
 Impose tax for 
 repairs. 
 
 How. 5051. 
 
 (4665) SEC. 20. The qualified voters in any school district 
 when lawfully assembled at the first and at each annual meet- 
 ing, or at an adjournment thereof, or at any special meeting 
 lawfully called except as hereinafter provided, shall have 
 power: 
 
 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 such 
 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 dol- 
 lars. No legal subdivision of land shall be taxed for building 
 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 neces- 
 sary 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 lawfully in- 
 curred, 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; 
 
GENERAL SCHOOL LAWS. 21 
 
 Eighth, To authorize and direct the sale of any school-house, Direct sale of 
 site, building- or other property belonging to the district, when site 0011 
 the same shall no longer be needed for the use of the district; 
 
 Ninth, To give such directions and make such provisions as Give direction 
 they shall deem necessary in relation to the prosecution or suit elat 
 defense of any suit or proceeding in which the district may 
 be a party, or interested; 
 
 Tenth, To appoint, as in their discretion it may be neces- Appoint buiid- 
 snry, a building committee to perform such duties in supervis- mgc< 
 ing the work of building a school-house as they may by vote 
 direct; 
 
 Eleventh, At the first and the annual meeting only, to do- SSSJS*^ 
 termine the length of time a school shall be taught in their sSiibe taught, 
 district during the ensuing year, which shall not be less than 
 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 tain 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. 
 
 How. 5052. Am. 1895, p. 93; App. Mar. 8; Eff. Aug. 30; Act 15. Powers of 
 
 Moiles v. Watson, 60 / 415. voters at an- 
 
 FOURTH: See Section 4728 as to designation of school sites. nual meetings. 
 
 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* or 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. Dist., 62 / 108. A 
 director has authority, in the exercise of a second 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 
 
22 
 
 GENERAL SCHOOL LAWS. 
 
 tnct officers. 
 
 CHAPTER III. DISTRICT BOARD AND OFFICERS. 
 
 (4666) SECTION 1. At the first meeting in each school dis- 
 trict there shall be elected by ballot a moderator for the term 
 Q ^ ^hrec y ears? a director for two years, and an assessor for 
 one year; and on the expiration of their respective terms of 
 office, and regularly thereafter at the annual meetings, their 
 several successors shall be elected in like manner for a term 
 Term of office, 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. 
 
 How. 5053. 
 
 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 are strictly confined 
 to such a's 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 the 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 
 
 Vacancies in 
 offices, how 
 filled. 
 
 Term of office 
 of appointed 
 fficer. 
 
 (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. 
 
 How. 5054. 
 
 (4668) SEC. 3. In case any one of the district offices be 
 conies 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. 
 
 How. 5055. 
 
.GENERAL SCHOOL LAWS. 23 
 
 (4009) SEC. 4 Any qualified voter in a school district whose 
 name appears upon the assessment roll, and is the owner in his Jofd office. 
 own right of the property so assessed, shall be eligible to election 
 or appointment to office in such school district, unless such person 
 be an alien. 
 
 NOTE Italics indicate portion amended by Act No. 134. Public Acts of 1899. 
 
 (4670) SEC. 5. Within ten days after their election or ap- 
 pointment, the several officers of each school district shall 
 file with the director written acceptances of the offices to which 
 they have been respectively elected or appointed, and such ac- fi 'ed 
 ceptances shall be entered in the records of the district by said 
 director. 
 
 How. 5057. 
 
 (4671) SEC. 6. The moderator, director, and assessor shall 
 constitute the dfstrict board. Meetings of the board may be 
 called by any member thereof by serving on the other mem- 
 bers a written notice of the time and place of such meeting at called - 
 least twenty-four hours before such meeting is to take place; 
 
 and no act authorized to be done by the district board shall Necessity of 
 be valid unless voted at a meeting of the board. A majority 
 of the members of the board at a meeting thereof shall be 
 necessary for the transaction of business. board. 
 
 How. 5058. 
 
 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. 
 
 (4672) SEC. 7. The said district board shall purchase a rec- Board to 
 ord book and such other books, blanks, and stationery as may Jec 
 
 be necessary to keep a record of the proceedings of the district etc - 
 meetings and of meetings of the board, the accounts of the as- 
 sessor, and for doing the business of the district in an orderly 
 manner. 
 
 How. 5039. 
 
 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. 
 
 (4673) SEC. 8. The district board shall purchase or lease, Board to 
 
 in the corporate name of the district, such sites for school- J5?i?b!S* 
 
 houses as shall have been lawfully designated, and shall build, etc 6 ', school" c 
 
 hire, or purchase such school-houses as may be necessary out house " 
 
 of the fund provided for that purpose, and make sale of any 
 
 site or other property of the district when lawfully directed Necessity of 
 
 by the qualified voters; but no district in any case shall build 
 
 a stone or brick school-house upon any site without having building 
 
 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 quali- 
 
24 
 
 GENERAL SCHOOL LAWS. 
 
 fled voters of the district at any annual or special meeting, 
 when lawfully convened. 
 
 How. 5060. 
 
 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. 
 
 Board to 
 estimate tax 
 for support 
 of schools. 
 
 Limit of tax in 
 certain cases. 
 
 When board 
 may borrow 
 money. 
 
 (4674) SEC. 9. It shall be the duty of the district board to 
 estimate the amount necessary to be raised, in addition to 
 other school funds, for the entire support of such schools, in- 
 cluding 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 dol- 
 lars a month for the period during which school is held in such 
 district; and when such amount has been estimated 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 pro- 
 visions of this section,, and is needed before it can be col- 
 lected, the district board may borrow to an amount not exceed- 
 ing the amount of said tax. 
 
 How. 5061. 
 
 Board to report (4675) SEC. 10. The district board shall, between the first 
 towns C hYp a cfe S rk 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 preceding 
 year, and of all taxes which said board is authorized to impose, 
 to be levied on the taxable property of the district. 
 
 How. 5062. 
 
 Board to (4676) SEC. 11. The district board shall apply and pay over 
 
 ac?ordhi g neys a11 school moneys belonging to the district, in accordance with 
 to law. 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 consenting 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 re- 
 ceived a certificate of qualification from proper legal authority 
 sectarian before the commencement of his school. No school district 
 fr c omiubi a ic red sna11 appty any of the moneys received by it from the primary 
 moneys. school interest fund, or from any and all other sources, for the 
 
 support and maintenance of any school of a sectarian charac- 
 
GENERAL SCHOOL L>!fc. 25 
 
 ter, whether the same be under the control of any religious so- 
 ciety, or made sectarian by the school district board. 
 
 Proo'f of qualification. Sch. Dist. v. Cook, 47 / 112. 
 
 (4677) SEC. 12. Said board shall present to the district, at Board to make 
 each annual meeting, a report in writing, containing an ac- conteits e of rt 
 curate statement of all moneys of the district received by them, 
 
 or any of them, during the preceding year, and of the disburse- 
 ments made by them, with the items of such receipts and dis- 
 bursements. Such report shall also contain a statement of all 
 taxes assessed upon the taxable property of the district dur- 
 ing 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. 
 
 How. 5064. 
 
 (4678) SEC. 13. The district board shall hire and contract Board to hire 
 with such duly qualified teachers as may be required; and all t 
 contracts shall be in writing and signed by a majority of the 
 
 board on behalf of the district. Said contracts shall specify contracts, 
 the wages agreed upon and shall require the teacher to keep a school register 
 correct list of the pupils, and the age of each, attending the tc 
 school, and the number of days each pupil is present, and to 
 furnish the director with a correct copy of the same at the 
 close of th school. Said contract shall be filed with the di- 
 rector, and a duplicate copy of the contract shall be furnished 
 to the teacher. No contract with any person not holding a 
 legal certificate of qualification then authorizing such person certificate, 
 to teach shall be valid, and all such contracts shall terminate, 
 if the certificate shall expire by limitation and shall not im- 
 mediately be renewed, or if it shall be suspended or revoked 
 by proper legal authority. A school month within the mean- d 
 ing of the school laws shall consist of four weeks of five days 
 in each week, unless otherwise specified in the teacher's con- 
 tract. 
 
 How. 5065. 
 
 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 
 4 
 
\KRAL SCHOOL LAWS. 
 
 sh.Ul ivquiro the teacher to Keep a list of the pupils, etc., Is merely directory. 
 Its omission will not invalidate the contract. Everett v. Sch. Dist., SO / 249. 
 A district school hoard cannot discharge a teacher for Inoompetency, in the 
 
 absence of a provision to that ctYcct in tho contract. --Carver v. Sch. Ptst.. 71 
 
 will not He to review the 
 
 claimed under the contract. - 
 
 profort of his certificate, hi 
 :v. : . proper otlice ^see How. 
 holds no lcR.il certificate.*^ 
 
 HOI. I HAYS AND INTE 
 P< rit ds, are subject ti. the < 
 be no deductions for such <. 
 Gage, SI / *S4; Hollow 
 
 . ... , ( \ .. l< nee of smallpox 
 
 has been terminated by the board, mandamus 
 board's action and compel pa\ment of salary 
 rotttn v. IVtn.it 1U1. of Kd.. Sept. 11 
 A teacher sninj? for his wages need not make 
 t the granting O f it may be proved by parol. 
 formal school certificate not tiled or recorded in 
 iMO until after contract made. Smith v. Sch. 
 nte makes Invalid a contract, where the teacher 
 h contract cannot be made the basis of a recov- 
 . l>ist.. n N. \v. 71. 
 
 .".ONS: Teaching contracts for stated 
 ce of recognized holidays and there can 
 <n a teacher's wages. Sch. Pist. v. 
 Sch. l>ist.. 62 / 156. Suspension of school during 
 is no defense to the payment of the teacher's 
 
 vnfe* Ufe 
 
 m*tiaf**t 
 
 wages for the time the school Is closed. Dewey v. Sch. Dist., 48 / 4SO. Pay- 
 ment of wagea after the burning of the school-house. Smith v. Sch. Dist., 
 u: .v. 
 
 WAGES NOT GARN1SHABLE: A. teacher's wagea cannot be reached by 
 garnishment Soh, Dist. v. Gage, 48/484. 
 
 1 1(>70) Si:r. 14. The district board shall have the care and 
 et MhooihoQw. custody of tho school-house and other property of the district, 
 H opt so far as the same shall by vote of the district be espe- 
 cially confided to the custody of tho 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 dis- 
 trict meeting it shall be determined otherwise: Provided, 
 That said board may exclude such public meetings during the 
 five school days of each week of any and all school terms, or 
 such parts thereof as in their discretion they may deem for the 
 best interest of the schools. 
 
 How. 5066. 
 
 The board has the care and custody of all the property and moneys of the 
 x cent what may be especially confided to the director. Maynard v. 
 
 v 4iSO Baa 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 required 
 by law to be given in the public schools of the state, instruc- 
 tion shall be given in physiology and hygiene, with a special 
 reference to the nature of alcohol and narcotics, and their ef- 
 
 - 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 pursued in the 
 same school. The text-books to be used for such instruction 
 shall give at least one-fourth of their space to the considera- 
 tion of the nature and effects of alcoholic drinks and narcot ics. 
 and the books used in the highest grade of graded schools shall 
 contain at least twenty pages of matter relating to this snb- 
 >ooks used in giving tho foregoing instructions 
 shall first be approved by the state board of education. Fach 
 
 ol board making a selection of text -books under the provis- 
 ;ons of this act shall make a record thereof in their proceed 
 and text-books once adopted under the provisions of this 
 
 shall not be changed within live i \cepi by the con- 
 
 . of a majority of the qualified voters of the district 
 ent at an annual meeting, or at a special meeting called for 
 
 Kxv-d :o 
 
 sr- ' 
 
GENERAL SCHOOL LAWS. 27 
 
 that purpose. The district board shall require each teacher Board to 
 
 in the public schools of such district, before placing the school K q <rt1iy!eto. er 
 
 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 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 of the provisions 
 
 of this act shall be subject to fine or forfeiture 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. 
 
 How. 5067. Am. 3883, p. 89; App. May 16; Eff. Sept. 8; Act 93. Am. 1887, p. 
 175; App. June 9; Eff. Sept. 28; Act 163. 
 
 Western Pub. House v. Son. Dlst., 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 suspension of by-law regulating adoption of text- 
 book, see Kendall v. Board of Education, 64 N. W. 745. 
 
 (4G81) SEC. 16. The district board may purchase at the ex- Purchase of 
 pense of the district, such text-books as may be necessary for children^ P T 
 the use of children when parents are not able to furnish the 
 same, and they shall include the amount of such purchase in 
 the report to the township clerk or clerks, to be levied in like 
 manner as other district taxes. 
 
 How. 5068. 
 
 (4682) SEC. 17. The district board shall have the general Board to 
 care of the school, and shall make and enforce suitable rules 
 and regulations for its government and management, and for 
 the preservation of the property of the district. Said board May suspend 
 may authorize or order the suspension or expulsion from the 
 school, whenever in its judgment the interests of the school 
 demand it, of any pupil guilty of gross misdemeanor or persist- 
 ent disobedience. Any person who shall disturb any school Penalty for 
 by rude and indecent behavior, or by profane or indecent dis- " 8 
 
 course, 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. 
 
 How. 5069. 
 
 EXPULSION: It is not necessary that a pupil be guilty of a criminal act 
 before he can be suspended or expelled from school He must be gu 1 tv of 
 some wilful or malicious act of detriment to the school and the mifconduct 
 must be gross something more than a petty or trivial offense atrairmt th 
 ru es-or he must be persistent in his disobedience of the proSe? a?d rlason- 
 able rules and regulations of the school. A boy cannot be expefled or lus- 
 
 &&EL&3S3ft let ^s? 3 ^^ 6 h O9 W negUgeiU ' lf U iS n0t WlIfUl r 
 
 MISDEMEANOR: The meaning of the word "misdemeanor" in this section 
 
 Hofma S n O " 
 
GENERAL SCHOOL LAWS. 
 
 Who can 
 attend school. 
 
 No separate 
 school on 
 account of 
 race, etc. 
 Grading 
 /not prevented. 
 
 District boards 
 may admit 
 non-residerit 
 pupils and 
 make rates 
 of tuition. 
 
 Childrenlwho 
 ;are a county 
 charge to be 
 admitted the 
 same asn^n- 
 resident^pu- 
 
 (4683) SEC. 18. All persons residents of any school district, 
 and five years of age, shall have an equal right to attend any 
 school therein; and no separate school or department shall be 
 kept for any persons on account of race or color: Provided, 
 That this shall not be construed to prevent the grading of 
 schools according to the intellectual progress of the pupil, to 
 be taught in separate places as may be deemed expedient. 
 
 How. 5070. 
 
 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. 
 
 (4684) SEC. 19. The district board may admit to the dis- 
 trict 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 aver- 
 age cost per capita for the number of pupils of school age in 
 the district. Children who are being cared for at county ex- 
 pense 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-resi- 
 dent pupils, their parents or guardians, pay a school tax in said 
 district, such pupils shall be admitted to the schools of the dis- 
 trict, and the amount of such school tax shall be credited OH 
 their tuition a sum not to exceed the amount of such tuition, 
 and they shall only be required to pay tuition for the differ- 
 ence therein. 
 
 How. 5071. Am. 1891, p. 20; App. Apr. 2; Eff. Oct. 2; Act 21. Am. 1895, p. 261; 
 App. May 10; Eff. Aug. 30; 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 countersign 
 warrants and 
 orders. 
 
 To bring suit 
 on assessor's 
 bond. 
 
 -Other duties. 
 
 (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 
 district, and all warrants of the director upon the township 
 treasurer for moneys raised for district purposes, or appor- 
 tioned 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. 
 
 How. 5072. 
 
 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 
 plain case of wrong, where the moderator can refuse to enable the district 
 to obtain its own funds. People v. Bender, 36 / 197. The director is a proper 
 relator for mandamus to compel the moderator to countersign. Id. 
 
GENERAL SCHOOL LAWS. 
 
 DIRECTOR. 
 
 (4686) SEC. 21. It shall be the duty of the director of each 
 
 i 
 
 school district: 
 
 First. To act as clerk, when present, at all meetings of the TO keep and 
 
 ,. , . , , . , , , V record minutes. 
 
 district and of the board; 
 
 Second, To record the proceedings of all district meetings, 
 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 TO draw and 
 meeting, and of all such special meetings as he shall be re- udordei* 
 quired to give notice of in accordance with the provisions of 
 law; 
 
 Fourth, To draw and sign warrants upon the township 
 treasurer for all moneys raised for district purposes, or appor- 
 tioned to the district by the township clerk, payable to the as- 
 sessor of the district, and orders upon the assessors 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 sign contracte - 
 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 anTke d ep ges 
 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 account - 
 by the moderator and assessor, 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 "pM 8 t<> 
 by the director as provided by law, and for the payment of the JJJj 10 * 1 meet " 
 services of any district officer; 
 
 Ninth, To preserve and file copies of all reports made to the T <> preserve 
 school inspectors, and safely preserve and keep all books, pa- 
 pers and other documents belonging to the office of director, ments - 
 or to the district when not otherwise provided for, and to de- 
 liver the, same to,. his successor in office; 
 
30 
 
 GENERAL SCHOOL LAWS. 
 
 other duties. 
 
 When census 
 of school 
 children to 
 be taken. 
 
 Persons taking 
 census to make 
 affidavit as to 
 correctness 
 of list. 
 
 What children 
 not to be 
 included in 
 
 Tenth, To perform such other duties as are or shall be re- 
 quired of the director by law or the district board. 
 
 How. 5073. Am. 1895, p. 95; App. Mar. 13; never took effect, but cut off by 
 next amendment; Act 15. Am. 1895, p. f56; App. June 3; Eff. Aug. 30; Act. 258. 
 
 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. 38 / 195. See Sch. Dist. v. Mallary, 
 23 / 111; Sch. Dist. v. Sch. Dist., 40 / 551. The duty of procuring tnls 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. Brvant 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, 
 *6 / 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. 
 
 (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 in writ- 
 ing of the names, ages and residences of all the children be- 
 tween 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 oath 
 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- 
 ing school 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. 
 
 How. 5074. Am. 1897, p. 76; App. Apr. 9; Eff. Aug. 30; Act 66. 
 
 (4688) SEC. 22a. Any person intentionally giving to any 
 census enumerator of school children any false information as 
 to the names or ages of school 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 carelessly or 
 negligently, shall bo guilty of a misdemeanor, and upon con- 
 
GENERAL SCHOOL LAWS. 31 
 
 viction thereof, be liable to a fine of not more than five dol- 
 
 lars or to imprisonment in the county jail for not more than information as 
 
 five days, in the discretion of the court. 
 
 Added 1897, p. 77; App. Apr. 9; Eff. Aug. 30; Act. 66. 
 
 (4689) SEC. 23. The director shall also, at the end of the 
 school year, and previous to the second Monday in September to 
 in each year, deliver to the township clerk, to be filed in his 
 
 office, a report to the board of school inspectors of the town- contents of. 
 ship, showing: 
 
 First, The whole number of children belonging to the dis- 
 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; 
 
 Ninth, 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. 
 
 How. 5075. 
 
 (4690) SEC. 24. The director of each fractional district shall where director 
 
 i-i- At i t> j.i -L v- i ' i fractional 
 
 make his annual report to the clerk of the township in which distiotto 
 the school-house is situated, and shall also report to the clerk report - 
 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. 
 
 How. 5076. 
 
 ASSESSOR. 
 
 (4691) SEC. 25. It shall be the duty of the assessor of each Assessor. 
 school district: 
 
 First, To execute to the district and file with the director, 
 within ten days after his election or appointment, a bond in TO give bond. 
 double the amount of money to come into his hands as such 
 assessor during his term of office, as near as the same can be 
 ascertained, with two sufficient sureties, to be approved by Bond to be 
 the moderator and director, conditioned for the faithful ap- appro 
 
32 GENERAL SCHOOL LAWS. 
 
 plication of all moneys that shall come into his hands by vir- 
 tue of his office, and to perform all the duties of his said of- 
 fice as required by the provisions of this act. Said bond shall 
 with director. k e j e( j w jth the director, and in case of any breach of the con- 
 whensuitto dition thereof, the moderator shall cause a suit to be com- 
 thereon ght menced thereon in the name of the district, and any moneys 
 collected thereon shall be paid into the township treasury, sub- 
 ject 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; 
 
 TO pay Second, To pay all orders of the director, when lawfully 
 
 dors. ^ rawn an( j countersigned by the moderator, out of any moneys 
 in his hands belonging to the fund upon which such orders- 
 may be drawn; 
 
 TO keep record 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 
 
 TO make school year a report in writing, containing a statement of all 
 
 to d?8trict por moneys received during the preceding year, and of each item 
 
 board. O f disbursements made, and exhibit the voucher therefor; 
 
 TO appear for Fifth, To appear for and on behalf of the district in all suits 
 
 llts> 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 assessor, together with all district moneys remaining 
 on hand; 
 
 other duties. Seventh, To perform such other duties as are or shall be by- 
 law required of the assessor. 
 
 How. 5077. 
 
 FIRST: An assessor cannot lav/fully 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 
 has been given to impose it. Turnbull v. Sch. 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 law. 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 
 
GENERAL SCHOOL LAWS. 3$ 
 
 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. 
 
 CHAPTER IV.-TOWNSHIP OFFICEP.S TOWNSHIP BOARD OF 
 SCHOOL INSPECTORS. 
 
 (4692) SECTION 1. The school inspectors of each township, 
 together with the township clerk, shall constitute the town- inspectors, 
 ship board of school inspectors. Said board shall meet at the 
 
 office of the township clerk within twenty days 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. 
 
 How. 5078. Am. 1883, p. 5; App. Mar. 15; Eff. Sept. 8; Act $. Am. 1885, p. 101; 
 App. May 14; Eff. Sept. 19; Act 96. 
 
 (4693) SEC. 2. The chairman of said board shall be the be 
 treasurer thereof, and shall give bond to the township in treasurer. 
 double the amount of moneys to come into his hands during 
 
 his term of office, as near as the same can be ascertained, with 
 
 two sufficient sureties, to be approved by the township clerk, To e ive bond - 
 
 conditioned for the faithful appropriation of all moneys that 
 
 may come into his hands by virtue of his office. Said bond flied dt 
 
 shall be filed with the township clerk, and in case of the non- ^Sught* 01 
 
 fulfillment thereof, said clerk shall cause a suit to be com- thereon. 
 
 menced thereon, and the moneys collected in such suit shall 
 
 be paid into the township treasury, and shall be applied to 
 
 the same purposes as the moneys lost should have been applied 
 
 by said treasurer of the board of school inspectors. 
 
 How. 5079. 
 
 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. 
 
 (4694) SEC. 3. On the third Monday in September in each 
 year the inspectors shall make triplicate reports, setting forth 
 
 the whole number of districts in their townships, the amount reports, 
 of money raised and received for township and district libra- 
 ries, and such other items as shall from year to year be re- 
 quired by the superintendent of public instruction, together 
 with the several particulars set forth in the reports of the 
 school Directors for the preceding year; and the township 
 clerk shall, within ten days thereafter, forward two copies of cier 
 the same to the secretary of the county board of school exam- relative 
 iners, and file the other copy in his office. 
 
 How. 5080. Am. 1887, p. 351; App. June 27; Eff. Sept. 28; Act 266, 
 
24 
 
 GENERAL SCHOOL LAWS. 
 
 fied voters of the district at any annual or special meeting, 
 when lawfully convened. 
 
 How. 5060. 
 
 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. 
 
 Board to (4674) SEC. 9. It shall be the duty of the district board to 
 
 estimate the amount necessary to be raised, in addition to 
 other school funds, for the entire support of such schools, in- 
 cluding teachers' wages, fuel, and other incidental expenses, 
 and for deficiencies of the previous year for such purposes. 
 
 Limit of tax in 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 dol- 
 lars a month for the period during which school is held in such 
 district; and when such amount has been estimated 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 pro- 
 visions of this section, and is needed before it can be col- 
 lected, the district board may borrow to an amount not exceed- 
 ing the amount of said tax. 
 
 of schools. 
 
 certain cases. 
 
 When board 
 may borrow 
 money. 
 
 How. 5061. 
 
 Board to 
 apply moneys 
 according 
 to law. 
 
 Board to report (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 preceding 
 year, and of all taxes which said board is authorized to impose, 
 to be levied on the taxable property of the district. 
 
 How. 5062. 
 
 (4676) SEC. 11. The district board shall apply and pay over 
 all school moneys belonging to the district, in accordance 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 consenting 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 re- 
 ceived 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 charac- 
 
 Sectarian 
 schools barred 
 from public 
 moneys. 
 
OF THE 
 
 UNIVERSITY 
 
 C 
 
 GENERAL SCHOOL i^ 25 
 
 ter, whether the same be under the control of any religious so- 
 ciety, or made sectarian by the school district board. 
 
 How. 5063. 
 
 Proof of qualification. Sch. Dist. v. Cook, 47 / 112. 
 
 (4677) SEC. 12. Said board shall present to the district, at Board to make 
 each annual meeting, a report in writing, containing an ac- conteit?o? rt! 
 curate statement of all moneys of the district received by them, 
 
 or any of them, during the preceding year, and of the disburse- 
 ments made by them, with the items of such receipts and dis- 
 bursements. Such report shall also contain a statement of all 
 taxes assessed upon the taxable property of the district dur- 
 ing 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. 
 
 How. 5064. 
 
 (4678) SEC. 13. The district board shall hire and contract Board to hire 
 with such duly qualified teachers as may be required; and all te 
 contracts shall be in writing and signed by a majority of the 
 
 board on behalf of the district. Said contracts shall specify contracts, 
 the wages agreed upon and shall require the teacher to keep a school register 
 correct list of the pupils, and the age of each, attending the tc 
 school, and the number of days each pupil is present, and to 
 furnish the director with a correct copy of the same at the 
 close of thp school. Said contract shall be filed with the di- 
 rector, and a duplicate copy of the contract shall be furnished 
 to the teacher. No contract with any person not holding a 
 legal certificate of qualification then authorizing such person certificate, 
 to teach shall be valid, and all such contracts shall terminate, 
 if the certificate shall expire by limitation and shall not im- 
 mediately be renewed, or if it shall be suspended or revoked 
 by proper legal authority. A school month within the mean- 
 ing of the school laws shall consist of four weeks of five days 
 in each week, unless otherwise specified in the teacher's con- 
 tract. 
 
 How. 5065. 
 
 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 
 
 4 
 
36 
 
 GENERAL SCHOOL LAWS. 
 
 portioned to each district, and record the apportionment in his 
 office; and whenever an apportionment of the primary school 
 interest fund, or moneys raised by tax, or received from other 
 sources, is made, he shall give notice of the amount to be re- 
 amount appor- ceived by each district to the director thereof. 
 
 To notify 
 directors of 
 
 tioned districts. 
 
 How. 5089. 
 
 TOWNSHIP SUPERVISOR AND TREASURER. 
 
 Assessment 
 and collection 
 of district 
 taxes. 
 
 Taxes not 
 assessed at 
 proper time. 
 
 Assessment of 
 one-mill tax. 
 
 Moneys to be 
 apportioned by 
 town clerk. 
 
 Hoi 
 
 In township 
 where no 
 districts are 
 formed. 
 
 (4704) SEC. 13. It shall be the duty of the supervisor 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 assessed 
 at the proper time, the same shall be assessed in the succeed- 
 ing year. 
 
 How. 5090. 
 
 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. 
 
 (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 township clerk, who shall 
 report said amount to the director of each school district in 
 his township, or to the director of any fractional school dis- 
 trict, a portion of which may be located in said township, be- 
 fore 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 collected by 
 virtue of this act during the year on any property not included 
 in any organized district, or in districts not having, during the 
 previous school year, three months' school in districts having 
 less than thirty children, or five months' school in district hav- 
 ing thirty, and less than eight hundred children, or nine 
 months' school in districts having eight hundred or more chil- 
 dren, 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 interest fund is now ap- 
 portioned. 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. 
 
 How. 5091.- Am. 1RK7 n. 03: App. Apr. 22; Eff. Sept. 28; Act. 84. See Saginaw 
 Twp. v. Saginaw, 9 / 541- 
 
GENERAL SCHOOL LAWS. 37 
 
 (4706) SEC. 15. The amount to be assessed upon the taxable 
 property of any school district retaining the school-house or certain taxes to 
 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 the same had been 
 authorized by a vote of such district; and the money so 
 assessed shall be placed to the credit of the taxable property 
 taken from the former district, and shall be in reduction of any 
 tax imposed in the new district on said taxable property for 
 school district purposes: Provided, That if the district re- Proviso. 
 taming the school-house shall vote to pay, and shall pay, be- 
 fore said taxes are assessed, any portion of said amount to the 
 new district, said amount, as shall be certified by the modera- 
 tor and director of the new district to the supervisor, shall be 
 deducted from the amount to be assessed as provided in this 
 section. When collected, such amount shall be paid over to HOW such 
 the assessor of the new district, to be applied to the use there- applied be 
 of 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. 
 
 How. 5092. 
 
 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. 
 
 (4707) SEC. 10. 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 townships 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 
 if said supervisors cannot agree as to the proportion of such in cases of 
 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. 
 
 How. 5093. Am. 1887, p. 35; App. Mar. 19; Eff. Sept. 28; Act 38. Am. 1889, p. 
 182; App. June 19; Eff. Oct. 2; Act 162. 
 
38 
 
 GENERAL SCHOOL LAWS. 
 
 Statement to 
 
 township 
 
 treasurer. 
 
 (4708) SEC. 17. The supervisor, on delivery of the warrant 
 for the collection of taxes to the township treasurer, shall also 
 deliver to said treasurer a written statement of the amount 
 of school and library taxes, the amount raised for district pur- 
 poses 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 judg- 
 ments assessed under the provisions of this act upon the tax- 
 able property of any district, with the amount payable to such 
 person on account thereof. 
 
 How. 5094. 
 
 (4709) SEC. 18. The supervisor of each township, on the 
 delivery of the warrant for the collection of taxes to the town- 
 ship treasurer, shall also deliver to said treasurer a written 
 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. 
 
 How. 5095. 
 
 collection and (4710) SEC. 19. Whenever any portion of a school district 
 oFXS? on ent 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 collected, such tax shall 
 be collected in the same manner as if no part of such district 
 had been set off, and the said former district, and the district 
 to which the portion so set off may be annexed or the new 
 district organized from such portion, shall each be entitled to 
 such proportion of said tax as the amount of taxable property 
 in each part thereof bears to the whole amount of taxable 
 property on which such tax is levied. 
 
 How. 5096. See Section 4658 and notes. 
 
 Statement 
 to township 
 treasurer of 
 one-mill tax 
 levied in 
 fractional 
 district. 
 
 division of 
 district. 
 
 to township 
 expenses 
 
 AII school (4711) SEC. 20. The township treasurer shall retain in his 
 
 tobe 8 p a a s ui e n s e e xt hands, .out of the moneys collected by him, after deducting the 
 amount 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. 
 
 How. 5097. 
 
 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 r. 
 Miller, 8 / 132, and notes to Section 2353. The liability of a township treasurer 
 
GENERAL SCHOOL LAWS. 39 
 
 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 4U86, 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 
 collect the full amount of taxes required by his warrant to be paid into the 
 township treasury, such portion thereof as he shall collect shall be retained 
 by 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- 
 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." 
 
 (4712) SEC. 21. The township treasurer shall, from time to Township 
 
 .. 11 f nil -ITI treasurer to 
 
 time, apply to the county treasurer for all school and library app iy t 
 
 moneys belonging to his township, or the districts thereof; and 
 
 on receipt of the moneys to be apportioned to the districts, 
 
 he shall notify the township clerk of the amount to be appor- TO notify 
 
 .. H township clerk 
 
 OneU. O f mu neys. 
 
 How. 5098. 
 
 (4713) SEC. 22. Each treasurer of a township, to the clerk Moneys due 
 of which the returns of any fractional school district shall be 
 
 made, shall apply to the treasurer of any other township in 
 which any part of such fractional school district may be situ- 
 ated, for any money to which such district may be entitled; 
 and when so received it shall be certified to the township 
 clerk, and apportioned in the same manner as other taxes for 
 school purposes. 
 
 How. 5099. 
 
 CHAPTER V. COUNTY CLERK AND TREASURER. 
 
 (4714) SECTION 1. It shall be the duty of each county clerk count 
 
 to receive all such communications, blanks, and documents XsTSSJ T5 and 
 as may be directed to him by the superintendent of public c'mmunica- 
 instruction, and dispose of the same in the manner directed * 
 by said superintendent. 
 
 How. 5100. 
 
 (4715) SEC. 2. The clerk of each county shall, on receiving county cierk t* 
 from the secretary of the county board of school examiners the 
 
 annual reports of the several boards of school inspectors, file 
 
 the same in his office. On receiving notice from the superin- Notice of 
 
 tendent of public instruction of the amount of moneys appor- oFn?only n s ment 
 
 tioned 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. 
 
 How. 5101. Am. 1887, p. 352; App. June 27; Eff. Sept. 28; Act 268. 
 
 (471G) SEC. 3. The several county treasurers shall apply Bounty treas- 
 for and receive such moneys as shall have been apportioned to foTmVney? 7 
 their respective counties, when the same shall Become due; a *P r P riated - 
 
40 
 
 GENERAL SCHOOL LAWS. 
 
 To notify 
 township 
 clerks of 
 amounts. 
 
 And each of said treasurers shall immediately give notice to 
 the treasurer and clerk of each township in his county, of the 
 amount of school moneys apportioned to his township, and 
 shall hold the same subject to the order of the township treas- 
 
 urer. 
 
 How. 5102. 
 
 CHAPTER VI. BONDED INDEBTEDNESS OF DISTRICTS. 
 
 Two- thirds vote 
 required to 
 borrow money. 
 
 Indebtedness 
 incurred by dis- 
 trict restricted 
 to a certain 
 
 amount. 
 
 Indebtedness 
 shall not ex- 
 tend beyond 
 ten years. 
 
 Who to c nsti- 
 tute board of 
 inspection. 
 Poll list and 
 ballott-box to 
 be used. 
 Vote to 
 be by ballott. 
 
 (4717) SECTION 1. The People of the State of Michigan 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 spe- 
 cial meeting called for that purpose, borrow money t 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 bet'iveenjive and twenty years of 
 age may have an indebtedness not to exceed three hundred dollars; 
 districts having thirty children of like age may have an indebted- 
 ness not to exceed Jive hundred dollars; districts having forty chil- 
 dren of like age may have an indebtedness not to exceed seven 
 hundred fifty dollars; districts having fifty children of like age 
 may have an indebtedness not to exceed one thousand dollars] dis- 
 tricts having seventy-five children of like age may have an indebt- 
 edness not to exceed two thousand dollars; districts having one 
 hundred children of like age may have an indebtedness not to 
 exceed three thousand dollars; districts having one hundred 
 twenty-five children of like age, and with an assesssed 
 valuation of not less than one hundred 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; dis- 
 tricts having four hundred children of like age may hare an 
 indebtedness not to exceed twenty thousand dollars"; districts 
 having five hundred children of like age may have an indebted- 
 ness 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: Pro- 
 vided, That the indebtedness of a district shall in no case ex- 
 tend beyond ten years for money borrowed: Provided fur- 
 ther, That in all proceedings under this section the director, 
 assessor, 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 shall 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 man- 
 ner as at township elections or as the laws governing the 
 same are applicable; and when they are not the board of in- 
 
GENERAL SCHOOL LAWS. 41 
 
 SDectors shall prescribe the manner in which canvass shall be canvass how 
 
 conducted. 
 
 conducted. 
 
 NOTE. The italicized portion of preceding paragraph is the portion 
 amended by Act No. 190, Public Acts 1899. 
 How. 5103. Am, 1887, p. 63; App. Apr. 8; Act 56. Am. 1893, p. 5; App. Feb. 8; 
 
 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. 
 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. 
 
 (4718) SBC. 2. Whenever any school district shall have 
 voted to borrow any sum of money, the district board of such 
 district is hereby authorized to issue the bonds of such district, issuing bonds 
 in such form, and executed in such manner by the moderator borrowed 7 
 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, interest 
 and payable at such time or times as the said district shall have thereon - 
 directed. 
 
 How. 5104. 
 
 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. 
 
 (4719) SEC. 3. Whenever any money shall have been bor- voters may 
 rowed by any school district, the taxable inhabitants of such SKem b<ds. 
 district are hereby authorized, at any regular meeting of such 
 district, to impose a tax on the taxable property in such dis- 
 trict, for the purpose of paying the principal thus 'borrowed, 
 
 or any part thereof, and the interest thereon, to be levied and 
 collected as other school district taxes are collected. 
 
 How. 5105. 
 
 (4720) SEC. 4. Any school district, whenever it shall appear District may 
 that the same can be done on terms advantageous to said dis- ^a 
 trict, may borrow money to pay any bonded indebtedness of 
 
 said district then existing, and issue further bonds of said rrovio. 
 district therefor: Provided, That a majority of the qualified 
 voters of said district shall so determine, at an annual or spe- 
 cial meeting called for that purpose; and that the notice of 
 such meeting, whether annual or special, shall state the inten- 
 tion to take such vote. 
 
 iTow. 5106. 
 
42 
 
 GENERAL SCHOOL LAWS. 
 
 CHAPTER VII. SUITS AND JUDGMENTS AGAINST DISTRICTS. 
 
 Justice 
 
 certain cases. 
 
 commenced. 
 
 (4721) SECTION 1. Justices of the peace shall have jurisdic- 
 jurisdiction in tion in all cases of assumpsit, debt, covenant, and trespass on 
 
 the case against school districts, when the amount claimed, 
 or matter in controversy shall not exceed one hundred dollars; 
 and the parties shall have the same right of appeal as in other 
 cases. 
 
 How. 5107. 
 
 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. Dist. v. Sch. 
 Dist., 40 / 551. 
 
 ( 4722 ) SEC - 2 - When an J suit shall be brought against a 
 school district, it shall be commenced by summons, a copy of 
 which shall be left with the assessor of the district at least 
 eight days before the return day thereof. 
 
 How. 5108. 
 
 NO execution (4723) SEC. 3. No execution shall issue on any judgment 
 Ss 1 t s S agairi8t against a school district, nor shall any suit be brought thereon, 
 
 but the same shall be collected in the manner prescribed in 
 
 this act. 
 
 How. 5109. 
 
 (4724) SEC. 4. Whenever any final judgment shall be ob- 
 tained against a school district, if the same shall not be re- 
 m ved to any other court, the assessor of the district shall 
 certify to the supervisor of the township and to the director 
 ^ the district, the date and amount of such judgment, with 
 the name of the person in whose favor the same was rendered, 
 and if the judgment shall be removed to another court, the 
 assessor shall certify the same as aforesaid, immediately after 
 the final determination thereof against the district. 
 
 How. 5110. 
 
 rvisor 
 t district. 
 
 (4725) SEC. 5. If the assessor shall fail to certify the judg- 
 how party may ment as required in the preceding section, it shall be lawful 
 for the party obtaining the same, his executors, administrat- 
 ors, or assigns, to file with the supervisor the certificate of the 
 justice or clerk of the court rendering the judgment, showing 
 the facts which should have been certified by the assessor. 
 
 How. 5111. 
 
 HOW udgment (4726) SEC. 6. If the district against whom any such judg- 
 ment shall be rendered is situated in part in two or more town- 
 ships, a certificate thereof shall be delivered as aforesaid to 
 the supervisor of each township in which such district is in 
 part situated. 
 
 How. 5112. 
 
 
vi* 
 
 UNiVL 
 (GENERAL SCHOOL LAWS.V Q, 
 
 **ff% 
 
 OF 1 
 
 (4727) SEC. 7. The supervisor or supervisors receiving 
 either of the certificates of a judgment as aforesaid shall pro- of judgment. 
 ceed to assess the amount thereof, with interest from the date 
 of the judgment to the time when the warrant for the collec- 
 tion thereof will expire, upon the taxable property of the dis- 
 trict, 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. 
 
 How. 5113. 
 
 CHAPTER VIII. SITES FOR SCHOOL-HOUSES. 
 
 (4728) SECTION 1. The qualified voters of any school dis- J^JtS 8ites . 
 trict, 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, 
 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. 
 
 How. 5114. 
 
 DESIGNATING SITES: See Sec. 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. 
 
 (4729) SEC. 2. Whenever a site for a school-house shall be Disagreement 
 designated, determined or established, in any manner provided SSopfoSsSe. 
 by law, in any school district, and such district shall be unable 
 
 to agree with the owner or owners of such site upon the com- 
 pensation 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, mortgages, 
 levies, or any other cause, be unable to procure a perfect, 
 unincumbered title in fee simple to said site, the district board Board to apply 
 of such district shall authorize one or more of its members foraiury - 
 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 
 
44 
 
 GENERAL SCHOOL LAWS. 
 
 Contents of 
 application. 
 
 Proviso- 
 evidence of 
 necessity 
 for site. 
 
 Jury to be 
 summoned. 
 
 Owner to 
 be notified. 
 
 Notice in case 
 owner is 
 unknown, etc. 
 
 required by such school district for such site, and the necessity 
 for using the same, which application shall be in writing, and 
 shall describe the real estate required by such district as ac- 
 curately as is required in a conveyance of real estate: Pro- 
 vided, That whenever any school district shall have designated, 
 selected, or established, in any manner provided by law, a 
 school-house site, such selection, designation, or establishment 
 shall be prima facie evidence to said jury of the necessity to 
 use the site so established. 
 
 How. 5115. 
 
 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. 
 
 (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, com- 
 manding him to summon eighteen freeholders residing in the 
 vicinity of such site, who are in nowise of kin to the owner of 
 such real estate, and not interested therein, to appear before 
 such judge, commissioner, or justice, at the time and place 
 therein named, not less than twenty nor more than fifty days 
 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. 
 
 How. 5116. 
 
 (4731) SEC. 4. Thirty days' previous notice of the time when 
 and the place where such jury will 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 newspaper 
 published in the nearest county where a newspaper is pub- 
 lished, 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 
 where such jury will assemble, and the object for which they 
 will assemble; or such notice may be served on such owner 
 
GENERAL SCHOOL LAWS. 45 
 
 personally, or by leaving a copy thereof at his last place of 
 residence. 
 
 How. 5117. 
 
 (4732) SEC. 5. It shall be the duty of such judge, commis- 
 sioner, or justice, and of the persons summoned as jurors, as 
 hereinbefore provided, and of the sheriff or constable summon- 
 ing them, to attend at the time and place specified in such sum- 
 mons or venire; and the officer who summoned the jury shall 
 return such summons or venire to the officer who issued the Return of 
 same, with the names of the persons summoned by him as pTcceedings 
 jurors, and shall certify the manner of notifying the owner or thereon. 
 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 at- 
 tendance 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 sufficient 
 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 ^^i*^ 
 shall fail to attend, and may enforce obedience to such sum- enforce 
 mons, venire, or attachment, as courts of record, or justices' ^process, 
 courts are authorized to do in civil cases. 
 
 How. 6118. 
 
 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. 
 
 (4733) SEC. 6. The twelve persons selected as the jury shall 
 
 be duly sworn by the judge, commissioner, or justice in atten- Jury to 
 dance, faithfully and impartially to inquire, ascertain, and bl 
 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 dis- 
 trict; and the person thus sworn shall constitute the jury 
 in such case. Subpoanas for witnesses may be issued, and subpoenas for 
 their attendance compelled by such circuit judge, commission- w 
 er, or justice in the same manner as may be done by the cir- 
 cuit court or by a justice's court in civil cases. The jury may 
 visit and examine the premises, and from such examination 
 and such other evidences as maybe presented before them, 
 shall ascertain and determine the necessity for using such 
 real estate in the manner and for the purpose proposed 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, 
 
46 
 
 GENERAL SCHOOL LAWS. 
 
 To determine 
 compensation 
 therefor. 
 
 certificate. 
 
 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 said 
 circuit judge, circuit court commissioner, or justice of the 
 Court to make 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. 
 
 Collection 
 Of judgment. 
 
 When owner is 
 unknown, etc., 
 m >ney to be 
 deposited with 
 County treas- 
 urer. 
 
 Proviso how 
 money to be 
 drawn from 
 county 
 treasurer. 
 
 How. 5119. 
 
 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. 
 
 (4734) SEC. 7. Upon filing such certificates in the circuit 
 court of the county where such real estate is situated, such 
 court shall, if it finds all the proceedings regular, render judg- 
 ment for the sum specified in the certificate signed by such 
 jury, against such school district, which judgment shall be col- 
 lected and paid in the manner as other judgments against 
 school districts are collected and paid. 
 
 How. 5120. 
 
 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. 
 
 (4735) SEC. 8. In case the owner of such real estate shall 
 be unknown, insane, non compos mentis, or an infant, or can- 
 not be found within such county, it shall be lawful for the said 
 school district to deposit the amount of such judgment 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 re- 
 ceiving it, to give a receipt or certificate to the person deposit- 
 ing 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 re- 
 quired: 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 probate, as here- 
 inafter provided. 
 
 How. 5121. 
 
 (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 determined 
 by the jury as the just compensation to 'be paid by such dis- 
 trict for such site, has been paid, or that the amount thereof 
 
GENERAL SCHOOL LAWS. 
 
 has been deposited according to the provisions of the preced- 
 
 ing sections, such court shall, by an order or decree, adjudge unvested in 
 
 and determine that the title in fee of such real estate shall, 
 
 from the time of making such payment or deposit, forever 
 
 thereafter be vested in such school district and its successors 
 
 and assigns, and shall, in and by such order or decree, award 
 
 to such school district a writ of possession for the recovery of 
 
 the possession of such real estate; a copy of which order or 
 
 decree, certified by the clerk of said county, shall be recorded g 
 
 in the office of the register of deeds of such county, and the title 
 
 of such real estate sfrall thenceforth, from the time of making 
 
 such payment or deposit, be vested forever thereafter in such 
 
 district and its successors and assigns in fee. 
 
 How. 5122. 
 
 
 
 (4737) SEC. 10. Such school district may, at any time after 
 making the payment or deposit hereinbefore required, 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 possesion 
 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 decree; which writof 
 writ shall be directed to the sheriff of said county, and shall 
 be tested and made .returnable, and shall be substantially, so JJ 
 far as may be, in the same form provided for writs of posses- 
 sion in actions of ejectment; and it shall be the duty of such 
 sheriff thereupon to remove the respondent or respondents in sheriff to 
 such proceedings, and all persons holding under them or either respondent. 
 of them, from the real estate described in such decree and in 
 such writ, and deliver the possession thereof with the appur- 
 tenances to such school district. 
 
 How. 5123. 
 
 (4738) SEC. 11. In case the jury hereinbefore provided for when jury 
 
 ill, At. j i -i ii disagrees, pro- 
 
 shall not agree, another jury may be summoned in the same ceedmgs may 
 manner, and the same proceedings may be had, except that no and n j ew^J 
 further notice of the proceedings shall be necessary; but in- summoned. 
 stead of such notice, the judge, commissioner, or justice may 
 adjourn the proceedings to such time as he shall think reason- 
 able, not exceeding thirty days, and shall make the process to 
 summon a jury returnable at such time and place as the said 
 proceedings shall be adjourned to. Such proceedings may be 
 adjourned from time to time by the said judge, or commis- 
 sioner, or justice, on the application of either party, and for 
 good cause, to be shown by the party applying for such ad- 
 journment, unless the other party shall consent to such ad- Adjournment* 
 journment; but such adjournments shall not in all exceed 
 three months. 
 
 How. 5124. 
 
48 
 
 GENERAL SCHOOL LAWS. 
 
 Proceedings (4739) SEC. 12. In case the said school-house site is encum- 
 incu a m e b?ances. bcred by mortgage, levy, tax sale, or otherwise, as aforesaid, 
 the mortgagee, or other parties claiming to be interested in 
 said title, shall severally be made a party to the procedure as 
 aforesaid, and shall be authorized upon the filing of the certif- 
 icate of the jury in the circuit court of said county, to appear 
 before the circuit judge and make proof relative to their pro- 
 portionate claims to the said site, or the compensation to be 
 made therefor, as determined by said jury. And the said cir- 
 cuit judge shall, by decree, settle their several claims in accord- 
 ance with the rights of the parties respectively, 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. 
 
 Duty of 
 
 ' 
 
 HOW money 
 
 
 How. 5125. 
 
 (4740) SEC. 13. The circuit judge, judge of probate, or cir- 
 cu ^ cour t commissioner of any county where any money has 
 been deposited with the county treasurer of such county, as 
 hereinbefore provided, shall, upon the written application of 
 any person or persons entitled to such money, and upon receiv- 
 ing satisfactory evidence of the right of such applicant 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 treasurer, 
 on the presentation of such order, with the receipt of the per- 
 son named therein, indorsed on said order and duly acknowl- 
 edged, 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 pre- 
 sumptive evidence in favor of such county treasurer, to exoner- 
 ate him from all liability to any person or persons for said 
 money thus paid by him. 
 
 How. 5126. 
 
 of^fficers^et" (4741) SEC. 14. Circuit judges, circuit court commissioners, 
 on proceedings! 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 proceed- 
 ings. Jurors, constables, and sheriffs shall be entitled to the 
 same fees as for like services in civil cases in the circuit court. 
 
 How. 5127. 
 
 ete^Snabhfio (4742) SEC. 15. In case any circuit judge, circuit court com- 
 
 attend? another missioner, or justice of the peace, who shall issue a summons 
 
 Sings! hpr " 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. 
 
 How. 5128. 
 
GENERAL SCHOOL LAWS. 49 
 
 CHAPTER IX. APPEALS FROM ACTION OF INSPECTORS. 
 
 (4743) SECTION 1. Whenever any five or more tax-paying Appeal 
 electors, having taxable property within any school district, el 
 shall feel themselves aggrieved by any action, order, or deci- 
 sion of the board of school inspectors, with reference to the 
 formation, or any division, or consolidation of said school dis- 
 trict, 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 districts 
 the joint boards of school inspectors who have made the deci- 
 sion appealed from, who shall, within five days, give notice 
 thereof to the township boards of the several townships in 
 which the different parts of said fractional school district are 
 situated, who shall have power, and whose duty it shall be, act- 
 ing 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 sum- 
 marily dismiss the same. 
 
 How. 5129. Am. 1883, p. 78; App. May 10; 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. 
 
 (4744) SEC. 2. Said appellants shall, before taking such Appellants to 
 appeal, make out and file with the board of school inspectors, !feSSS* 
 or in case of fractional school districts to the clerk of the joint ** m * d for 
 boards of school inspectors, a written statement, to be signed ai 
 
 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 themselves aggrieved, 
 and their demand for an appeal therefrom to the township 
 board or boards of said township or townships, and shall also 
 cause to be executed and signed by one of 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 inspectors, a 
 7 
 
50 
 
 GENERAL SCHOOL LAWS. 
 
 Appellants to 
 execute and 
 file bond. 
 
 bond to the people of the state af Michigan in the penal sum of 
 two hundred dollars, conditioned for the due prosecution of 
 said appeal before said township board or boards acting joint- 
 ly, 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 town- 
 ships [by reason] of said appeal. 
 
 How. 5130. Am. 1883, p. 78; App. May 10; Act 82. 
 
 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. Id. 
 
 Duty of in- 
 spectors when 
 .appeal is filed. 
 
 When town- 
 ship board 
 deemed in 
 possession 
 of case. 
 
 Proceedings 
 in the appeal. 
 
 When members 
 
 township 
 board cannot 
 act in deter- 
 mining case. 
 
 (4745) SEC. 3. Upon the filing of such appeal 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 appeal 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 filing of the same 
 with the said township clerk, the said township board or 
 boards shall be deemed to be in possession of the case, and if 
 the return 'be deemed by them insufficient, may order a further 
 and more complete return by said board or boards of school 
 inspectors; and when such return shall by them be deemed 
 sufficient, they shall proceed with the consideration of the ap- 
 peal, at such time or times, within ten days after such return, 
 and in such manner and under such affirmation, amendment, 
 or reversal of the action, order, or decision of the board or 
 boards of school inspectors appealed from, as in their judg- 
 ment shall seem to be just and right; or, if they deem the ap- 
 peal to be frivolous, they may summarily dismiss the same; 
 but the decision of said board or boards of school inspectors 
 shall not be altered or reversed, unless a majority of such town- 
 ship board or boards, not members of said board or boards of 
 school inspectors, shall so determine. 
 
 How. 5131. See cases cited in notes to Section 4743. 
 
 Graded school 
 district, organ- 
 izatk n of. 
 
 Proviso. 
 
 Trustee 
 election of. 
 
 CHAPTER X. GRADED SCHOOL DISTRICTS. 
 
 (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 electors pres- 
 ent 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 dis- 
 trict 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 
 
GENERAL SCHOOL LAWS. 51 
 
 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 Proviso, 
 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 trus- 
 tee or trustees in the manner aforesaid, whose term of office 
 shall be three years, and until his or their successor or succes- 
 sors shall have been elected and filed his or their acceptance: 
 Provided, also, That in the election of trustees, and all other Proviso, 
 school officers, the person receiving a majority of all the votes 
 shall be declared elected. 
 
 How. 5132. Am. 1883, p. 20; App. Apr. 18; Act 28. Am. 1885, p. 14; App. Mar. 
 13; 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 rerer, 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- 
 naw Ass'n v. Sch. Dist., 98 / 441. And in Perrizo v. Kesler, 93 / 280, an act 
 providing for the organization of school districts from entire townships was 
 held valid. Id. 442. 
 
 (4747) SEC. 2. Within ten days after their election such 
 trustees shall file with the director acceptances of. the offices 
 to which they have been elected, and shall annually elect from **< 
 their own number a moderator, a director, and assessor, and 22 c ted 8 b be 
 for cause may remove the same, and may appoint others of trustees. 7 
 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 occur in their number Vacancy iu 
 till the next annual meeting. Whenever, in any case, the Imecu' h w 
 trustees shall fail, through disagreement or neglect, to elect 
 the officers named in this section, within twenty days next 
 
 nee 
 
 offices to be 
 
52 
 
 GENERAL SCHOOL LAWS. 
 
 When 
 inspectors 
 shall appoint 
 officers. 
 
 after the annual meeting, the school inspectors of the town- 
 ship or city to which such district makes its annual report 
 shall appoint the said officers from the number of said trustees. 
 
 How. 5133. 
 
 Duty of 
 trustees. 
 
 To classify 
 pupils. 
 
 To establish 
 high school, 
 etc. 
 
 Proviso as to 
 tuition. 
 
 To audit and 
 pay directors' 
 accounts. 
 
 To employ 
 
 To employ 
 officers, etc. 
 
 Other duties. 
 
 (4748) SEC. 3. It shall be the duty of the board of trustees 
 in any graded school district: 
 
 First, To classify and grade the pupils attending schools in 
 such district and cause them to be taught in such schools or 
 departments as they may deem expedient; 
 
 Second, To establish in such district a high school when 
 ordered by a vote of. the district at an annual meeting, and to 
 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 
 guardians, shall pay a school tax in said district, the same 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 between the amount of the tax and the 
 amount charged for tuition; 
 
 Third, To audit and order the payment of all [of] the ac- 
 counts of the director for incidental or other expenses incurred 
 by him in the discharge of his duties; but no more than fifty 
 dollars shall be expended by the director in one year for re- 
 pairs 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 
 several schools, and to determine the amount of their compen- 
 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; 
 
 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. 
 
 How. 5134. Am. 1891, p. 20; App. Apr. 2; Eff. Oct. 2; 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, S8 / 374). The power to employ teachers conferred upon the 
 district boards of primary schools is co-extensire with that conferred upon 
 the boards of trustees of graded schools. Cleveland v. Amy, 88 / 376. 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- 
 
 loy all teachers necessary, and what teachers are necessary is left to be- 
 ecided by their sound discretion. Tappan v. Sch Dist 44 / 502 
 
GENERAL SCHOOL LAWS. 53 
 
 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 y. 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. 
 
 (4749) SEC. 4. No alterations shall be made in the bounda- 
 ries of any graded school district, without the consent of 9, consent of 
 majority of the trustees of said district, which consent shall M^S change 
 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 restricted to such districts 
 nine sections of land. Stff 1 * 1 
 
 Provided, however, That any three or more tax paying electors hav- Proviso. 
 ing children between the ages of five and twelve years, residing one and 
 one-half mites or more from a school house in such district, feeling 
 themselves aggrieved by any action, order, or decision of the board of trus- 
 tees with reference to the alteration of said school district, affecting 
 tltrir 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 decision 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 pro- 
 vided by chapter nine of this act. Said appellants shall file a bond Appellants to 
 with said judge of probate, with sufficient sureties, to be approved by fil 
 said judge of probate, in the penal sum of two hundred dollars, in- 
 demnifying said school district of any and all costs made on such ap- 
 peal in case the appellants shall not prevail therein. Whereupon said 
 judge of probate shall be empoivered to entertain such appeal, and re- 
 view, confirm or set aside or amend the action of the board of trusiees 
 appealed from. 
 
 NOTE. The italicized paragraph is the amendment made by Act No, 258, 
 Public Acts of 1899. 
 
 How. 5135. 
 
 NO ALTERATION: This provision is not intended to take from the board A Iteration of 
 of supervisors their constitutional power to erect townships, but the prohi- boundaries, 
 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. 
 Simpklns 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 / 103. Addition of 
 territory by legislative action. Keweenaw Ass'n v. Sch. Dist., 98 / 439-41. 
 
 NINE SECTIONS: Keweenaw Ass'n v. Sch. Dist., 98 / 439, 440. 
 
 (4750) SEC. 5. Whenever two or more contiguous districts, Uniting of 
 having together more than one hundred children between the 
 
 ages of five and twenty years, after having published 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 meetings in said dis- 
 tricts determine to unite for the purpose of establishing 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 
 
54 
 
 GENERAL SCHOOL LAWS. 
 
 district, and shall require three notices of the same to be 
 posted in each of the districts so united at least five days be- 
 fore the time of such meeting, and at such meeting the district 
 shall elect a board of trustees, as provided in section one of this- 
 chapter, and may do whatever business may be done at any 
 annual meeting. 
 
 How. 5135a. Added 1883, p. 44; App. Apr. 27; Act 53. 
 
 Election of 
 board of 
 trustees. 
 
 Duty of 
 
 trustees in 
 certain cases, 
 etc. 
 
 to change, etc. 
 
 (4751) SEC. 6. Whenever the trustees of any organized 
 graded school district shall be presented twenty days before the 
 annual meeting thereof with a petition signed by 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 proposition 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-thirds of the 
 in case of vote qualified voters present at said meeting shall vote to change 
 to one or more primary school district such change shall be 
 made, and it shall bo the duty of the board of school inspectors 
 of the township or townships in which such district is situated, 
 upon being duly notified of such vote to proceed 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 fractional graded 
 school district shall be so changed, the township boards of 
 school inspectors of the respective townships where such 
 graded school district is situated, shall organize the said dis- 
 trict into one or more primary school districts, as provided 
 for by law. 
 
 Added 1891, p. 91; App. May 20; Act 84. 
 
 Township 
 IJSn r tefned be 
 
 Proviso. 
 
 CHAPTER XI. LIBRARIES. 
 
 (4752) SECTION 1. A township library shall be maintained 
 in eacn 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 rela- 
 tion thereto, shall be brought in the name of the township. 
 
 How. 5136. 
 
 (4753) SEC. 2. All persons who are residents of the town- 
 . shi P sha11 be entitled to the privileges of the township library, 
 
 subject to such rules and regulations as may be lawfully 
 established in relation thereto : Provided, That persons resid- 
 ing within the boundaries of any school district in which a 
 
GENERAL SCHOOL LAWS. 55- 
 
 district library has been established shall be entitled to the 
 privileges of such district library only. 
 
 How. 5137. 
 
 
 
 (4754) SEC. 3. The township board of school inspectors shall 
 have charge of the township library, and shall apply for and ] i 
 receive from the township treasurer all moneys appropriated h 
 for the township library of their township, and shall purchase 
 the books and procure the necessary appendages for such 
 library. 
 
 How. 5138. 
 
 (4755) SEC. 4. Said board shall be held accountable for the iccouSie 
 proper care and preservation of the township library, and shall for care ' et -< 
 
 . -, . . , , y of library. 
 
 have power to provide for the safe keeping of the same, to 
 prescribe the time for taking and returning 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. 
 
 How. 5139. 
 
 (4756) SEC. 5. The board of school inspectors shall cause 
 
 the township library to be kept at some central or eligible Township 
 place in the township, which it shall determine. Such board library - 
 shall also, within ten days after the annual township meeting, 
 appoint a librarian, for the term of one year, to have the care Librarian, 
 and superintendence of said library, who shall be responsible duties ' etc - 
 to the board of school inspectors for the impartial enforcement 
 of all rules and regulations lawfully established in relation to 
 said library. 
 
 How. 5140. Am. 1883, p. 105; App. May 24; Eff. Sept. 8; Act 114. 
 
 (4757) SEC. 6. Any school district, by a two-thirds vote at School district. 
 any annual meeting, may establish a district library, and such 
 
 district shall be entitled to its just proportion of books from 
 the library of any township in which it is wholly or partly 
 situated, to be added to the district library, and also to its 
 equitable share of any library moneys remaining unexpended Entitled to 
 in any such township or townships at the time of the establish- 
 ment of such a district library, or that shall thereafter be 
 raised by tax in such township or townships, or that shall 
 thereafter be apportioned to the township to the inspectors of 
 which the annual report of its director is made. 
 
 How. 5141. Am. 1893, p. 258; App. May 31; Eff. Aug. 28; Act 158. 
 
 (4758) SEC. 7. The district board of any school district in District board 
 which a district library may be established in accordance with 
 
 the provisions of this act, shall have charge of such library; library. 
 and the duties and responsibilities of said district board in 
 relation to the district library, and all moneys raised or ap- 
 
56 GENERAL SCHOOL LAWS 
 
 portioned for its support, shall be the same as those of the 
 board of school inspectors are to the township library. 
 
 How. 5142. 
 
 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. 
 
 inspectors^ (4759) SEC. 8. The school inspectors shall give in their an- 
 staticsto ry nual report to the superintendent of public instruction, such 
 tend e ent penn facts and statistics relative to the management of the town- 
 ship library and the library moneys, as the superintendent 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 district library, which 
 items shall also be included by the said inspectors in their 
 annual report. 
 
 How. 5143. 
 
 reTorf or uie ai (4760) SEC. 9. In case the board of school inspectors of any 
 ISJeof mone e y g s a township, or the district board of any school district, shall fail 
 forfeiture of to make the report required by the preceding section, or in 
 moneys^ ^ case it shall appear from the reports so made that any town- 
 ship or school district has failed to use the 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 pro- 
 Proviso, vided : Provided, That in townships where the boards thereof 
 shall determine and report to the superintendent that the 
 public will be better served by using the said money for gen- 
 eral school purposes, no such forfeiture shall occur. 
 
 How. 5144. 
 
 state superin- (4761) SEC. 10. The superintendent of public instruction 
 
 v e ide e co t u t nty pr0 ' sha11 annually, and previous to the tenth day of May, transmit 
 
 statenSn 1 ? ^ ^ e c ^ er ^ * eacn county a statement of the townships in 
 
 his county that are entitled to" receive library moneys, giving 
 
 the number of children in each of such townships between the 
 
 ages of five and twenty years, as shall appear from the reports 
 
 statement to ^ the boards of school inspectors for the school year last end- 
 
 co file tveS d to * n ^> sa ^ c ^ er ^ shall file such statement in his office, and shall 
 
 coSntfTrea?- forthwith furnish a copy thereof to the county treasurer. 
 
 urer. 
 
 How. 5145. 
 
 breach f o r f enai ( 4762 ) SEC - i 1 - Tne clea r proceeds of all fines for any breach 
 
 i a r ws c to t>e pei * of the penal laws of this state and for penalties or upon any 
 
 for p to r wnhfp recognizance in criminal proceedings, and all equivalents for 
 
 a -braries rict exemption from military duty when collected in any county 
 
 and paid into the county treasury, together with all moneys 
 
 heretofore collected and paid into said treasury on aceount 
 
tut"' 
 
 GENERAL SCHOOL LAWS. 57 
 
 of such fines or equivalents, and not already apportioned, shall 
 be apportioned by the county treasurer before 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 pre- 
 ceding section, which money shall be exclusively applied to 
 the support of the township and district libraries, and to no 
 other purpose. 
 
 FINES, ETC.: See Const, xiii, 12, and notes thereto. 
 
 How. 5146. Am. 1895, p. 96; App. March 8; Eff. Aug. 30; Act. 15. 
 
 (4763) SEC. 12. The qualified voters of each township shall 'J te ^JJ 
 have power at any annual township meeting, to vote a tax for S upport X of r 
 the support of libraries established in accordance with the pro- llbranes - 
 visions of this act, and the qualified voters of any school dis- 
 trict, in which a district Horary 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 ^ported,* be 
 hall be reported to the supervisor, levied, and collected in the assessed and 
 ame manner as other township and school district taxes. 
 
 How. 5147. 
 
 (4764) SEC. 13. The district board of any school district 
 may donate or sell any library book or books belonging to 
 such district to the board of school inspectors of the township iibrary. l 
 or townships in which said district is wholly or partly situated, 
 which book or books shall thereafter form a part of the town- 
 ship library. 
 
 How. 5148. (Sec. 14 was repealed by act 194 of 1889. How. 5149.) 
 
 CHAPTER XIII. PENALTIES AND LIABILITIES. 
 
 (4765) SECTION 1. Any taxable inhabitant of a newly formed 
 
 district receiving the notice of the first meeting, who shall neglect of duty. 
 
 neglect or refuse duly to serve and return such notice, and 
 
 every chairman of the first district meeting in any district, who 
 
 shall willfully neglect or refuse to perform the duties enjoined 
 
 on him in this act, shall respectively forfeit the sum of five 
 
 dollars. 
 
 How. 5163. 
 
 (4766) SEC. 2. Any person duly elected to the office of Penalty on 
 moderator, director, assessor, or trustee of a school district, 
 
 who shall neglect or refuse, without sufficient cause, to accept 
 such office and serve therein, or who, having entered upon the 
 duties of his office, shall neglect or refuse to perform any duty 
 8 
 
58 
 
 GENERAL SCHOOL LAWS. 
 
 required of him by virtue of his office, shall forfeit the sum of 
 ten dollars. 
 
 How. 5164. 
 
 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. 
 
 Penalty on 
 inspector for 
 neglect or 
 refusal. 
 
 Liability of 
 inspector for 
 neglecting to 
 report. 
 
 Liability of 
 township clerk. 
 
 Liability of 
 county clerk 
 for neglect 
 to transmit 
 reports. 
 
 How moneys 
 collected on 
 account of 
 neglect 
 disposed of. 
 
 (4767) SEC. 3. Any person duly elected or appointed a 
 school inspector, who shall neglect or refuse, without sufficient 
 cause, to qualify and serve as such, or who, having, entered 
 upon the duties of his office shall neglect or refuse to perform 
 any duty required of him by virtue of his office, shall forfeit 
 the sum of ten dollars. 
 
 How. 5165. 
 
 (4768) SEC. 4. If any board of school inspectors shall neglect 
 or refuse to make and deliver to the township clerk their an- 
 nual report as required by this act, within the 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 township 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. 
 
 How. 5166. 
 
 (4769) SEC. 5. Any county clerk who shall neglect or refuse 
 to transmit to the superintendent of public instruction the 
 reports required by this act, within the time therefor limited, 
 shall be liable to pay to each township the full amount which 
 such township, or any school district therein, shall lose by 
 such neglect or refusal, with interest thereon, to be recovered 
 in an action of debt, or on the case. 
 
 How. 5167. 
 
 (4770) SEC. 6. All the moneys collected or received by any 
 township treasurer under the provisions of either of the two 
 last preceding sections, shall be apportioned 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 provi- 
 sions of this act, have been apportioned and distributed. 
 
 How. 5168. 
 
 (4771) SEC. 7. Any township clerk who shall neglect or re- 
 fuse to certify to the supervisor any school district taxes that 
 have been reported to him as required by this act, and any 
 
GENERAL SCHOOL LAWS. 
 
 59 
 
 supervisor willfully neglecting to assess any such tax shall be 
 
 liable to any district for any damage occasioned thereby, to be and supervisor 
 recovered by the assessor in the name of the district, in an 
 action of debt, or on the case. 
 
 How. 5169. 
 
 (4772) SEC. 8. The township board of each township, and 2 
 in the case of fractional school districts, the township board of emx>ve certain 
 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 in- 
 spector who shall have illegally used or disposed of any of the 
 public moneys entrusted to his charge, or who shall persis- 
 tently and without sufficient cause refuse or neglect to dis- 
 charge any of the duties of his office. And in case of such 
 removal it shall be the duty of the township clerk of such 
 township to enter in the records of such township the resolu- for removal. 
 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 
 proceedings for such removal, and (unless the party so removed 
 shall, within thirty days after such removal, institute pro- podga fo 
 ceedings before a court of competent jurisdiction for the re- Sffg 
 moval of such order for removal, or if after such thirty days shipboard 
 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 day's notice of the time and place fixed by said board for 
 the hearing of the case as aforesaid. 
 
 How. 5170. 
 
 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. Stock well 
 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 / 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 / 316. A woman moder- 
 ator cannot be removed for hiring her husband to teach the school. Hazen 
 v. Akron Twp. 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. 
 
 CERTTORARI: Lies to review the proceedings of a township board in re- 
 moving a school officer. Stockwell v. White Lake Twp. Bd., 22 / 341; Craw- 
 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 
 
<50 
 
 'GENERAL SCHOOL LAWS. 
 
 not warrant a reversal of the board's determination, the board being the 
 exclusive judge of the facts. Haratramck Twp. Bd. v. Holihan, 46 / 127. 
 Township clerk's return as to testimony taken by the board presumed true. 
 Taylor v. Shimmel, 65 N. W. 548. 
 
 School officers 
 and teachers 
 not to act as 
 acho61 book 
 .agents, etc. 
 
 'School officers 
 .not to be inter- 
 ested in con- 
 tracts in 
 ertain cases. 
 "Such acts 
 deemed 
 misdemeanors. 
 
 (4773) SEC. 9. No school officer, superintendent, or teacher 
 of schools, shall act as agent for any author, publisher, 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 be personally 
 interested in any way whatever in any contract with the dis- 
 trict in which he may hold office. Any act or neglect herein 
 prohibited, performed by any such officer, superintendent, or 
 teacher, shall be deemed a misdemeanor. 
 
 How. 5171. 
 
 SEC - 10 - All provisions of this act shall apply and be 
 in force in every school district, township, city and village in 
 this state, except such as may be inconsistent with the direct 
 i pro visions of some special enactment of the legislature. 
 
 How. 5172. Sec. 11 repeals chaps. 131, 136, 137, 138 of C. L,. 1871; act 42 of 
 1875; acts amendatory thereof (acts 41, 42, 56 and 63 of 1872; 44, 69, 71, 76, 98, 
 '111, 132, 164 and 193 of 1873; 36, 51, 84, 94, 106, 167, 183 and 230 of 1875; 77 and 173 
 of 1877; 44, 46, 159, 164, 254, 255 and 264 of 1879); "and all other acts and parts of 
 acts contravening the provisions of this act." How. 5173. 
 
 ELECTIONS LEGALIZED: Act 16 of 1879, p. 12 (How. 5174) provides "that 
 the action heretofore had of the electors in each and every school district In 
 this state, in electing the officers of such districts in any other manner than 
 by ballot, is hereby declared legal and valid." 
 
 'CHAPTER 117. MISCELLANEOUS PROVISIONS RELA- 
 TIVE TO EDUCATION AND THE SCHOOLS. 
 
 ifi? An 18 T 9 ' P AN ACT to regulate the uniformity of, and to provide FREE SCHOOL 
 i?' TEXT-BOOKS in public schools throughout the State, and the distri- 
 
 bution of the same, and to repeal all statutes and acts contravening 
 the provisions of this act. 
 
 (4775) SECTION 1. The People of the State of Michigan enact, 
 That from and after June thirtieth, eighteen hundred 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 following sub- 
 jects, to wit: Orthography, spelling, writing, reading, geog- 
 raphy, arithmetic, grammar (including language lessons), na- 
 tional and state history, civil government, and physiology and 
 hygiene; but text-books once adopted under the provisions of 
 this act shall not be changed within five years: Provided, 
 That the text-book on the subject of physiology and hygiene 
 must be approved by the state board of education, and shall in 
 every way comply with section fifteen of act number one hun- 
 dred and sixty-five of the public acts of eighteen hundred and 
 eighty-seven, approved June ninth, eighteen hundred and 
 
 When board to 
 purchase 
 text books. 
 
 Subjects. 
 
 Change 
 \Proriso. 
 
GENERAL SCHOOL LAWS. 61 
 
 eighty-seven: And provided further, That all text-books used 
 in any school district shall be uniform in any one subject. 
 
 How. 5174a. The section above referred to Is Section 4680. 
 
 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. 
 
 (4776) SEC. 2. The district board of each school district 
 shall select the kind of text-books on subjects enumerated in 
 section one to be taught in schools of their respective districts : 
 Provided, That nothing herein contained shall require 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 of raising 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 provided 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 superintendent 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 pur- 
 chasing the same, and shall be loaned to pupils free of charge, district, eta. 
 under such rules and regulations for their careful use and re- 
 
 turn as said district board may establish: Provided, That 
 nothing herein contained shall prevent any person from buy- 
 ing 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. 
 
 How. 5174b. 
 
 (4777) SEC. 3. It shall be the duty of the district board of Board to 
 any school district adopting free text-books provided for in 
 
 this act to make a contract with some dealer or publisher to Proviso. 
 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 ad- 
 vertise for proposals before making such contract. 
 
 How. 5174c. 
 
 (4778) SEC. 4. The district board of every school district 
 in the state adopting free text-books under this act shall make mate of amount 
 and prepare annually an estimate of the amount of money t( 
 necessary to be raised to comply with the conditions of this 
 
62 GENERAL SCHOOL LAWS. 
 
 act, and shall add such amount to the annual estimates made 
 for money to be raised for school purposes, for the next ensu- 
 ing year. Said sum shall be in addition to the amount now 
 provided by law to be raised; which amount each township 
 clerk shall certify to the supervisor of his township 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. 
 
 How. 5174d. 
 
 (4779) SEC. 5. On the first day of February next after the 
 tax shall have been levied, the director of said district 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 moderator, upon 
 the treasurer or assessor of the district for price of the books 
 so purchased, including the cost of transportation. 
 
 How. 5174e. 
 
 (4780) SEC. 6. If the officers of any school district, which 
 has so voted to supply itself with text-books, shall refuse or 
 neglect to purchase at the expense of the district for the use 
 of the pupils thereof, the text-books as enumerated in section 
 one of this act, or to provide the money therefor as herein pre- 
 scribed, each officer or member of such board so refusing or 
 neglecting shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof before a court of competent jurisdiction. 
 
 Penalty. 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 imprisonment, in the 
 Proviso. discretion of the court: Provided, That 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: Pro- 
 Further vided further, That school districts in cities organized under 
 
 special charters shall be exempt from the provisions of this 
 act, but such districts may, when so authorized by a majority 
 in cities boards vote of their district boards, submit the question of free text- 
 qJStionto 1 books to the qualified voters of said districts. If a majority 
 district?* f t* 16 qualified electors vote in favor of furnishing free text- 
 books, such district boards shall have authority tp proceed 
 under the provisions of this act. 
 
 How. 5174f. 
 
 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. 
 
 (Sections 4775-4790, known as the Uniform Text-Book Bill were repealed by 
 Act No. 27, Public Acts of 1899.) 
 
GENERAL SCHOOL LAWS. 63 
 
 An Act to prescribe and define a course of studies to be taught in the Act isi, WOT, P. 
 district schools of this State which shall be fcnown as the AGRICUL- ^-EffAug^ 
 TURAL COLLEGE COURSE. 
 
 (4791) SECTION 1. The People of the State of Michigan enact, 
 That the superintendent of public instruction shall 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 evi- 
 denced by a diploma or certificate, duly signed by the county 
 commissioner of schools, pupils shall be admitted to the fresh- 
 man class of the agricultural college without further examina- 
 tion. It shall be the duty of the secretary of the agricultural Staio|ue to 
 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 desired rela- 
 tive to said college. Such catalogue and other information 
 shall be kept in each school for reference. 
 
 An Act authorizing the introduction of the KINDERGARTEN METH- Act 119, 1891, p. 
 OD in the public schools of this State. P 7 ^ 
 
 (4792) SECTION 1. The People of the State of Michigan enact, 
 
 That in addition to the duties imposed by law upon the district * d ot district 
 board of every school district in this state, they shall also be 
 empowered to provide a suitable room or apartment for kinder- 
 garten work, and to supply their district respectively with the 
 necessary apparatus and appliances for the instruction of 
 children in what is known as the kindergarten method. 
 
 (4793) SEC. 2. In the employment of teachers it shall be ^ f 
 competent for such district board to require qualifications for 
 instruction of children in kindergarten methods, and the dis- 
 trict 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. 
 
 (4794) SEC. 3. All children residing within the district be- 
 tween the ages of four and seven shall be entitled to instruc- 
 tions in the kindergarten department of such district school. 
 
 (4795) SEC. 4. The powers and duties herein imposed 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. 
 
64 
 
 GENERAL SCHOOL LAWS. 
 
 Act 146, 1895. p. An Act to provide for teaching in the public schools the modes by which- 
 "5; App.May the DANGEROUS COMMUNICABLE DISEASES are spread, and 
 the best methods for the restriction and prevention of such diseases. 
 
 1C 
 
 Methods for 
 restriction and 
 prevention of 
 dangerous 
 diseases shall 
 be taught in 
 public schools 
 
 Penalty for 
 neglect or 
 refusal to 
 comply w ith 
 provisions 
 of this act. 
 
 (4796) SECTION 1. The People of the State of Michigan enact, 
 That there shall be taught in every year in every public school 
 in Michigan the principal modes by which each of the danger- 
 ous 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 required to direct such 
 superintendents and teachers to give oral and blackboard in- 
 struction, using the data and statements supplied by the state 
 board of health. 
 
 (4797) SEC. 2. Neglect or refusal on the part of any super- 
 intendent or teacher to comply with the provisions of this law 
 shall be considered a sufficient cause for dismissal from the 
 school by the school board. Any school board willfully neg- 
 lecting or refusing to comply with any of the provisions of thi 
 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 gen- 
 eral laws. 
 
 approval 
 May 16. 
 
 general 
 to draw war- 
 rants. 
 
 Act 142, 1897, p. An Act making an appropriation" for the use of the State Board of 
 no. Became Health, to enable it to comply with act one hundred and forty-six, of 
 the P ubli c acts of eighteen hundred - and ninety-five, entitled "An actta 
 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." 
 
 ( 4798 ) SECTION 1. The People of the State of Michigan enact? 
 That the sum of two thousand five hundred dollars per annum, 
 is hereby appropriated out of the general fund, 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, where- 
 upon 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. 
 
 (4799) SEC. 2. The auditor general shall add to and incor- 
 porate with the taxes for each year the amount above appro- 
 priated, which, when collected, shall be passed to the credit 
 of the proper fund. 
 
 Taxes when 
 collected, 
 disposition of. 
 
GENERAL SCHOOL LAWS. 65 
 
 An Act to provide for the PUBLICATION OF THE PROCEEDINGS Act 185, 1897. p, 
 OF THE ANNUAL SCHOOL MEETING, and an annual financial ^Jmlug.Yo. 
 statement in graded school districts in which a newspaper is pub- 
 lished, and to provide for the expense thereof, and fixing a penalty for 
 failure to make such publication. 
 
 (4800) SECTION 1. The People of the State of Michigan enact, 
 
 That previous to the third Monday in September of every year, etc " required. 
 
 the board of education,, or board of trustees, as the case may 
 
 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 preced- 
 
 ing school year, the expense of said publication to be paid out 
 
 of the general fund of the district. 
 
 (4801) SEC. 2. If any board of education, or board of trus- 
 tees, as the case may be, shall neglect to comply with the publish. 
 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 Act. 56, 1895, p. 
 FLAGS in connection with the public school buildings within this J^^Pj^ A PJ- 
 State. 
 
 (4802) SECTION 1. The People of the State of Michigan enact, f^ff a ^ 8 to 
 That the board of education or the board of school trustees in be purchased. 
 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 during school hours 
 and at such other times as to the said board may seem proper; 
 and that the necessary funds to defray the expenses to be in- 5 x P ense . * be 
 
 -IT in! jj j ii- ' A .a . j-i defrayed from 
 
 curred herein shall be assessed and collected in the same school moneys. 
 
 manner as moneys for public school purposes are collected by 
 
 law. And the penalties for neglect of duty provided in section Penalty. 
 
 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, p. 78; App. Apr. 9; Eff. Aug. 30; Act 68. 
 
 An Act requiring certain RETURNS TO BE MADE FROM INCOR- Act 19, 1839, p. 
 PORATED ACADEMIES, and other literary institutions. 15; App. Mar. 4. 
 
 (4803) SECTION 1. Be it enacted by the Senate and House of 
 Representatives of the State of Michigan, That it shall be the 
 duty of the president of the board of trustees of every organ- 
 ized academy, or literary or collegiate institution, heretofore 
 9 
 
66 GENERAL SCHOOL LAWS. 
 
 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 
 amount and estimated value of real estate owned by the corpo- 
 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. 
 
 C. L.. '57, 2418. C. L. '71, 3788. How. 5195. 
 
 Act 144, 1891, p. An Act to authorize the faculty of the department of literature, science 
 180; App. June and tne arts< of tne UNIVERSITY of Michigan TO GIVE TEACH- 
 ERS' CERTIFICATES in certain cases. 
 
 e (4804) SECTION 1. The People of the State of Michigan enact, 
 etc. e That the faculty of the department of literature, science and 
 the arts, of the university of Michigan, shall give to every per- 
 son 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 certificate, 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 
 ?erSficate in etc not be liable to be annulled except by the said faculty of the 
 said university; but its effect may be suspended in any county, 
 township, city or district, and the holder thereof may be 
 stricken from the list of qualified teachers in such county, 
 township, city or district, by the legal examining officer or 
 officers of the said county, township, city, or district, for any 
 cause and in the same manner that such examining officer or 
 officers may be by law authorized to revoke certificates given 
 by himself or themselves, and such suspension shall continue 
 in force until revoked by the authority suspending it. 
 
 Act 136, 1893, P . An Act to authorize the STATE BOARD OF EDUCATION TO GRANT 
 1323; App. May TEACHERS' CERTIFICATES in certain cases. 
 
 (4805) SECTION 1. The People of the State of Michigan enact, 
 gmn e tcertifl- to That the state board of education is hereby empowered, and 
 cates to certain shall grant teachers' certificates without examination to any 
 person who has received a bachelor's, master's or doctor's de- 
 gree from any college in this state having a course of study 
 
GENERAL SCHOOL LAWS. 67 
 
 actually taught in such college, of not less than four years, in 
 addition to the preparatory work necessary for admission to 
 the university of Michigan, upon the recommendation from the 
 faculty of such college stating that in their judgment the ap- 
 plicant is entitled to receive such certificate 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 granting such diploma, as to 
 qualification and fitness for teaching; and provided that if 
 said person furnishes to said board satisfactory proof of hav- 
 ing successfully taught for three years in the schools of this 
 state, said certificate shall be a life certificate. 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 there- 
 after 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 examination, 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. 
 
 (4806) SEC. 2. It shall be the duty of the said board of edu- Duty of board, 
 cation 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. 
 
 (4807) SEC. 3. If, at any time, the said board of education 
 shall conclude that any college, the graduates of which may 
 desire to receive such certificate, is not giving such in- 
 struction 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. 
 
68 
 
 GENERAL SCHOOL LAWS. 
 
 CHAPTER 118. COUNTY COMMISSIONERS AND 
 SCHOOL EXAMINERS. 
 
 19. 
 
 Act U7, 1891, p. An Act to provide for the election of a COUNTY COMMISSIONER OF 
 is; App. June 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. 
 
 Election of 
 county com- 
 missioner of 
 schools. 
 
 Term of office. 
 
 Appointment 
 of school 
 examiners. 
 
 Term of office. 
 
 Annual 
 
 appointment of 
 examiners. 
 
 Who eligible to 
 appointment. 
 
 Vacancy, how 
 filled. 
 
 Oath of office. 
 Bend. 
 
 (4808) SECTION 1. The People of the State of Michigan enact, 
 That at the meetings of the several boards of supervisors of 
 the different counties of the state, to be held on the fourth 
 Monday in June, eighteen hundred ninety-one, the said sev- 
 eral boards of supervisors shall elect a county commissioner 
 of schools for their respective counties, whose term of office 
 shall commence on the fourth Tuesday of August next follow- 
 ing, who shall hold his or her office until the first day of July, 
 eighteen hundred ninety-three, or until his or her successor 
 shall be elected and qualified. Said board of supervisors shall 
 also on said fourth Monday of June, appoint two persons as 
 school examiners, who, together with said commissioner of 
 schools, shall constitute a board of school examiners. One of 
 said school examiners shall be appointed for a period of one 
 year and the other for a period of two years, from and after 
 the second Monday of October next after their appointment, 
 or until their successors have been appointed and qualified;, 
 and thereafter such 'boards of supervisors shall, at each an- 
 nual 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 
 to the office of examiner who shall hold at least a third grade 
 certificate and has taught in the public schools at least nine 
 months, or who has the qualifications required of commis- 
 sioner in section three of this act, except an experience of 
 twelve months as teacher. IH case a vacancy shall occur at 
 any time in the office of school examiner, the judge of pro- 
 bate, together with the board of school examiners of the coun- 
 ty 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 ap- 
 pointed shall hold the office for the unexpired portion of the 
 term, or until his or her successor is appointed and has quali- 
 fied. Within ten days 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, so appointed, shall execute a bond with 
 two sufficient sureties to be approved by and filed with the 
 county clerk, in the penal sum of one thousand dollars, con- 
 ditioned that he or she shall faithfully discharge the- duties 
 of his or her office according to law, and to faithfully account 
 
GENERAL SCHOOL LAWS. 
 
 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 thereupon the county clerk shall report the name 
 and postoffice address of such county commissioner to the address to. 
 state superintendent of public instruction. 
 
 Am. 1893. p. 34; App. Apr. 18; never In effect, cut off by next amendment; 
 Act 34. Am. 1893, p. 227; App. May 27; Eff. Aug. 28; Act 140. Am. 1895, p. 
 163; App. Apr. 8; Eff. July 4; Act 66. 
 
 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. 
 
 Biennial 
 
 (4809) SEC. 2. There shall be elected at the election held le ^ n ? f 
 on the first Monday in April, eighteen hundred ninety-three, cc 
 and every second year thereafter, in each county, one county 
 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 two years or until his or her sue- Termooffioe - 
 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 jJnd fl bon<f th 
 or she is elected his or her oath of office and bond, the same as ai 
 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. 
 ^ (4810) SEC. 3. Persons eligible to hold the office of commit 
 sioner of schools must possess, besides an experience 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, university or state nor- 
 mal 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 commissioner in the 
 county where such certificate was granted: Provided, That 
 persons who have held the office of commissioner of schools 
 under the provisions of act number one hundred forty-seven, 
 public acts of eighteen hundred ninety-one, shall be eligible. 
 In counties having less than fifty districts subject to the super- 
 vision of the county commissioner, a person holding at the ties. 
 time of his or her election a second grade certificate shall be 
 eligible. 
 
 Am. 1896, p. 164; App. Apr. 8; Act 66. The act of 1891 referred to is this act 
 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 law, 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. 
 People v. Howlett, 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, 14 / 169. 
 
 (4811) SEC. 4. The board of school examiners shall, for the Board to 
 purpose of examining all persons who may offer themselves 
 as teachers for the public schools, hold two regular public 
 
70 
 
 GENERAL SCHOOL LAWS. 
 
 May hold 
 additional 
 examinations. 
 
 What certifi- 
 cate may be 
 granted. 
 
 When special 
 examination 
 may be held. 
 
 Schedule of 
 examinations. 
 
 examinations in each year at the county seat, which exami- 
 nations shall begin on the last Thursday of March and the 
 third Thursday of August in each year. From these two ex- 
 aminations 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 
 the third Thursdays of June and October at such places as 
 in the judgment of the board the best interests of the teachers 
 may require. From these two examinations only certificates 
 of the second and third grade may be granted. In counties 
 having one hundred and fifty or more districts the said board 
 of examiners may hold one special public examination for 
 each additional twenty-five districts or fraction thereof which 
 special public examination, when appointed, shall be held 
 commencing on one or more of the following dates: The third 
 Friday of February, April and September. The places of 
 holding such special public examinations are also left to the 
 discretion of the board of examiners. At such special public 
 examinations only certificates of the third grade shall be 
 granted. It shall be the duty of the county commissioner to 
 make out a schedule of the times and places of holding special 
 examinations and to cause it to be published in one or more 
 newspapers of the county at least ten days before each special 
 examination. 
 
 Am. 1893, p. 35; App. Apr. 18; Eff. Aug. 28; Act 34. Am. 1895, p. 164; App. 
 Apr. 8; Eff. July 4; Act 66. 
 People v. Hewlett, 94 / 170. 
 
 (4812) SEC. 5. The board of school examiners shall meet on 
 the Saturday of the week following such public examination 
 held by the county commissioner, and shall grant certificates 
 to teachers in such form as the superintendent of public in- 
 struction shall prescribe, licensing as teachers all persons who 
 shall have attained the age of seventeen years, who have at- 
 tended such public examinations and who shall be found quali- 
 fied in respect to good moral character, learning and ability to 
 instruct and govern a school, but no certificate shall be 
 granted to any person who, having arrived at the age of twen- 
 ty-one years, is not a citizen of the United States, and who 
 shall not have passed a satisfactory examination in orthog- 
 raphy, reading, writing, grammar, geography, arithmetic, the- 
 ory and art of teaching, United States history, civil govern- 
 ment and physiology and hygiene, with the reference to the 
 effect of alcoholic drinks, stimulants and narcotics upon the 
 human system. The board of examiners shall have the right, 
 however, to renew without examination the certificates of 
 persons who shall have previously obtained an average stand- 
 ing of at least eighty-five per cent in all studies covered in 
 two or more previous examinations and who shall have 
 been since such last named examinations continuously and 
 successfully teaching in the same county. All certificates 
 shall be signed by the county commissioner and by at 
 least one other member of the board of examiners. 
 
 Meeting of 
 board to grant 
 certificates. 
 
 When board 
 may renew 
 certificates 
 without 
 examination. 
 
 Signing of 
 certificates. 
 
GENERAL SCHOOL LAWS. 71 
 
 No person shall be considered a qualified teacher within 
 the meaning of this act, nor shall any school officer employ 
 or contract with any person to teach in any of the public 
 schools, under the provisions of this act, who has not a cer- 
 tificate 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 in- pf U pubuc endent 
 struction to the county commissioner under seal, to be opened instruction to 
 in the presence of the applicants for certificates on the day Fna5on e que a s~ 
 of examination/ 
 
 Am. 1893, p. 35; App. Apr. 18; Eff. Aug. 28; Act 34. Am. 1895, p. 165; App. 
 Apr. 8; Eff. July 4; Act 66. 
 People v. Hewlett, 94 / 170. 
 
 (4813) SEC. 6. There shall be three grades of certificates ? e r r a t f fi e c s a ^ s . 
 granted by the board of school examiners, in its discretion, 
 and subject to such rules and regulations as the superintend- 
 ent of public instruction may prescribe, which grades of cer- 
 tificates shall be as follows: The certificate of the first grade First g rade - 
 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 examination Proviso - 
 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: And pro- 
 vided further, That no first grade certificate shall be valid in 
 any county other than that in which it is granted, unless ap- 
 proved and countersigned by the superintendent of public in- U! 
 struction and a copy filed with the county commissioner in the 
 county in which the holder of said certificate desires to teach. 
 The certificate of the second grade shall be granted only to Second grad 
 those who shall have taught at least seven months with abil- 
 ity and success, and it shall be valid throughout the county 
 for which it shall be granted for three years. The certificates 
 of the third grade shall be divided into two classes known as 
 A and B. Third grade certificates of class A shall be granted 
 only to persons who have taught successfully and continu- 
 ously for at least three years next preceding 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 certificates of this class shall be granted 
 to the same person: Provided, That the county commissioner Proviso as to 
 shall have power upon 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 
 
GENERAL SCHOOL LAWS. 
 
 shall a second special certificate be granted the same person, 
 and it shall not in any way exempt the teacher from a full ex- 
 amination. 
 
 Am. 1893, p. 36; App. Apr. 18; Eff. Aug. 28; Act 34. 
 
 'Teachers' CERTIFICATES: The general policy of the school law Is that schools 
 
 certificates. shall be taught by qualified teachers, but necessities may arise where this 
 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 / 5S6. 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 
 v. Sch. Dist., 69 / 589. See Sch. Dist. v. Cook, 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. Hewlett, 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 
 have gone out of office. Bryan v. Sch. Dist., 68 N. W. 74. 
 
 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 / 36L 
 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 
 v. Hewlett, 94 / 170. 
 
 uspension of (4814) SEC. 7. The board of school examiners may suspend 
 
 certificates, etc. v '. . ,./ -i_ 
 
 or revoke any teacher's certificate issued by them for any 
 reason which would have justified said board in withholding 
 the same when given, for neglect of duty, for incompetency to 
 instruct or govern a school, or for immorality, and the said 
 board may, within their jurisdiction, suspend for immorality or 
 incompetency to instruct and govern a school the effect of any 
 teacher's certificates that may have been granted by other law- 
 ful authority: Provided, That no certificate shall be suspended 
 or revoked without a personal hearing, unless the holder there- 
 of shall, after a reasonable notice, neglect or refuse to appear 
 before the said board for that purpose. 
 
 Carver v. Sch. Dist., 71 N. W. 861. 
 
 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 
 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. 
 
 Proviso. 
 
 Duty of 
 commissioner. 
 Notice of 
 -qualification. 
 
 Record of 
 
 examinations, 
 
 etc. 
 
 Of fees. 
 
 Record of 
 .certificates. 
 
 (4815) SEC. 8. It shall be the duty of the county commis- 
 sioner: First, Immediately after his or her qualification as 
 commissioner, to send notice thereof to the superintendent of 
 public instruction and the chairman of each township 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 recoVd 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 
 
GENERAL SCHOOL LAWS. 73 
 
 each certificate and, if suspended or revoked, with the date 
 .and reason thereof; 
 
 Fifth, To furnish, previous to the first Monday in Septem- jjjjjj rg etc 
 'toer in each year to the township clerk of each township in the 
 Bounty, a list of all person^ legally authorized to teach in the 
 county at large, 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 ^JoS* etc 
 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 case the county commissioner is un- 
 .able to visit all the schools of the county as herein required, 
 the said commissioner may appoint such assistant visitors as 
 may be necessary, who shall perform such duties pertaining 
 to the visitation and supervision of schools as said commis- 
 sioner shall direct: Provided, That the whole expense in? 2Stt** W 
 curred by such assistant visitors shall not exceed the sum of visitors. 
 ninety dollars in any one year; 
 
 Seventh, To counsel with the teachers and school boards as po u cil wi * h 
 
 , _ , , -IT . teachers, etc. 
 
 to the courses 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, improvement 
 the improvement of the schools in the county, and the elevation OJ 
 -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 perform such 
 other duties pertaining thereto as the superintendent shall re- 
 quire; 
 
 Ninth, To receive the duplicate annual reports of the sev- TO receive 
 eral boards of school inspectors, examine into the correctness etc nua 
 of the same, requiring them to be amended when necessary, 
 indorse 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 ruction etc 
 by the superintendent of public instruction and to dispose of 1D 
 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 otter 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. 
 
 (4816) SEC. 9. It shall be the duty of the chairman of the Duty of 
 Aboard of school inspectors of each township: chairmen, etc. 
 
 10 
 
74 
 
 GENERAL SCHOOL LAWS. 
 
 Supervision of 
 schools, etc. 
 
 To make 
 reports, etc. 
 
 Compensation 
 of commis- 
 sioner. 
 
 Of examiners. 
 
 Of assistant 
 visitors. 
 
 To be paid 
 quarterly. 
 
 Proviso. 
 
 Further 
 proviso. 
 
 Of contingent 
 expenses. 
 
 Limit of. 
 
 First, To have general supervisory charge of the schools of 
 his township, subject to such advice and direction as the 
 county commissioner may give; 
 
 Second, To make such reports of his official labors and of the 
 condition of the schools as the superintendent of public in- 
 struction may direct or commissioner request. 
 
 (4817) SEC. 10. The compensation of each commissioner 
 shall be determined by the board of supervisors of 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 supervision ; 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 where there are one hundred and 
 twenty-five schools under his supervision; and in no case shall 
 such compensation exceed the sum of fifteen hundred dollars 
 per annum. Each member of the board of school 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 appointed as pro- 
 vided in this act, shall be determined by the county commis- 
 sioner, but in no case shall it exceed three dollars for each day 
 employed. The compensation of the county commissiener, 
 members of the board of school examiners and 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 service for each 
 day for which compensation is claimed : Provided, That in no 
 case shall the county commissioner receive any order for com- 
 pensation 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: Provided further, 
 That no commissioner shall receive an order for compensation 
 until he shall have filed with the county clerk a detailed state- 
 ment 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 township and school 
 district. The necessary contingent expenses of the commis- 
 sioner 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 ex- 
 aminer. 
 
 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. 
 v. Wayne Co. Auditors, 97 / 611. 
 
GENERAL SCHOOL LAWs^ 75 
 
 (4818) SEC. 11. No superintendent of public instruction, 
 instructor at institute, county commissioner or examiner, shall a< 
 act as agent for the sale of any school furniture, text-books, 
 maps, charts or other school apparatus. 
 
 1895, p. 165; App. Apr. 8; Eff. July 4; Act 98. 
 
 (4819) SEC. 12. Whenever by death, resignation, removal of vacancies. 
 from office or otherwise a vacancy shall occur in the office of 
 
 the county commissioner of schools, the county clerk shall is- 
 sue a call to the chairman of the township board of school in- 
 spectors 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. 
 
 (4820) SEC. 13. The officers of every school district which licensing ana 
 is or shall hereafter be organized in whole or in part in any in- oFteSers. 1 
 corporated city in this state where special enactments shall 
 
 exist in regard to the licensing of teachers, shall employ only 
 
 such teachers as are legally qualified under the provisions of 
 
 this act: Provided, That in cities employing a superintend- Proviso as to 
 
 ent, the examination of teachers shall be* conducted by such fn^up^rS 7 " 
 
 superintendent or by a committee of the board of education of tendent - 
 
 such school district, and certificate issued at such time and in 
 
 such a manner as the superintendent of public instruction and 
 
 board of education in such city shall prescribe. Cities having 
 
 a special and thoroughly equipped normal training depart- Provision as to 
 
 . . , normal training 
 
 ment, under control of a special training teacher, such school department. 
 
 having a course of not less than one year, shall be exempt from 
 
 the provisions of this section as to the examination of teachers. 
 
 Any board of education that shall violate the provisions of 
 
 this act by employing a teacher who is not legally qualified, 
 
 shall forfeit such a proportion of the primary school interest when primary 
 
 fund as the number of unqualified teachers employed bear to fund 8haii e S st 
 
 the whole number of teachers employed in the district. All forfeited - 
 
 school districts organized by special enactments, shall, through 
 
 their proper officers, make such reports as the superintendent 
 
 of public instruction may require. 
 
 Am. 1895; p. 165; App. Apr. 8; Eff. July 4; Act 86. 
 
 Sec. 14 repeals "all acts or parts of acts conflicting with the provisions of 
 this act." As to one effect of this repeal, see Perriao v. Kesler, 93 / 284. 
 
 An Act to provide for the EXAMINATION OF CANDIDATES FOR Act 101, 1895, p. 
 ADMISSION TO THE AGRICULTURAL COLLEGE by county 210; A PP . Apr. 
 commissioners of schools. 
 
 (4821) SECTION 1. The People of the State of Michigan enact, Duty of state 
 That it shall be the duty of the state superintendent of public SSStoS?" 1 
 instruction to secure, at least twice each year, from the presi- struction - 
 dent of the Michigan agricultural college, a set of examination 
 questions in all the studies required for admission to said col- 
 lege. It shall also be the duty of the state superintendent of 
 
76 
 
 GENERAL SCHOOL LAWS. 
 
 !i v am n ina?fon! 
 
 public instruction to send a printed list of said examination 
 questions to each county commissioner of schools. 
 
 (4822) SEC. 2. It shall be the duty of each county commis- 
 sioner of schools to give public notice of this examination at 
 the time of all regular teachers' examinations, and to submit 
 the questions aforesaid to any candidate who may desire to 
 en ^ er the agricultural college. The examination shall be con- 
 ducted in the same manner as are the regular teachers' ex- 
 aminations 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. 
 
 CHAPTER 119. TOWNSHIP SCHOOL DISTRICTS IN THE UPPER 
 
 PENINSULA. 
 
 Act 176, 1891, p. 
 320; App. Jane 
 30. 
 
 Petition for 
 (Organization. 
 
 Clerk 
 board, etc. 
 
 An Act for the organization of TOWNSHIP SCHOOL DISTRICTS in 
 the UPPER PENINSULA. 
 
 4823) SECTION 1. The People of the State of Michigan enact, 
 That whenever the qualified electors of any organized town- 
 ship in the upper peninsula 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 offi- 
 cers for such organized school district will be chosen, and such 
 other business transacted as shall be necessary 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 annual township meet- 
 ing. 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 major- 
 ity of the voters qualified to vote at the preceding election 
 have signed the petition that the organized township of which 
 they are resident be organized as a single school district, they 
 shall give notice that at the then succeeding township meet- 
 ing officers will be chosen for such organized school district; 
 .and shall make and file, both with the county clerk and the 
 secretary of the board of school inspectors of the county in 
 which such township is located, a certified copy of the above 
 mentioned petition together with their finding and doings 
 
GENERAL SCHOOL LAWS. 77 
 
 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 provisions of this act, 
 and all schools organized in said district in pursuance of this 
 act, under the directions and regulations of said board of edu- 
 cation shall be public and free to all persons actual residents 
 within the limits thereof, between the ages of five and twenty 
 years, inclusive, and to such other persons as the board of edu- 
 cation shall admit : Provided, That whenever the majority of Provis<x 
 electors in any surveyed township in such organized township . 
 shall petition the board of education to establish a school or 
 schools therein, the said board of education are hereby au- 
 thorized and directed within three months thereafter to organ- 
 ize such school or schools therein. 
 
 This act is constitutional .Perrizo v. Kesler, 93 / 280; Keweenaw Ass'n v. 
 Sch. 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. 
 
 (4824) SEC. 2. The officers of said district shall consist of 
 two trustees, who, together with the clerk and school inspect- 
 ors of said township, shall constitute the board of education of tute ' 
 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 township officers 
 required by law to be elected by ballot: Provided, That at Provi8 - 
 the annual election to be held in said township next subse- 
 quent to the filing of the petition as set forth in section one of 
 
 this act there shall be elected two trustees for said district by 
 
 the electors thereof, one of whom shall hold his office for the 
 
 term of one year and the other one for the term of two years, Term of office - 
 
 and until their successors shall be elected and qualified, and 
 
 the time for which the person voted for is intended shall be 
 
 designated on the ballot, and at each election thereafter to be To *> e 
 
 held one trustee shall be elected in said district, who shall hold bffi! ate 
 
 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, p. 133; App. May 24; Act 104. Perrizo v. Kesler, 93 / 283. 
 
 (4825) SEC. 3. Within five days after the annual election Duty of 
 the township clerk shall notify, in writing, the persons elected ete WD9hip cl 
 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, be- 
 fore any officer authorized to administer oaths, and file the 
 
78 
 
 GENERAL SCHOOL LAWS. 
 
 Clerk. 
 
 Treasurer. 
 
 Proviso 
 
 same with the township clerk. The term of office of the 
 [trustee] trustees of said district shall commence on the sec- 
 ond Monday following the annual township election at which 
 they are elected. 
 
 &SE l 3J! onof ( 4826 ^ SEC - 4 - The members of the board of education 
 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 
 township shalll be ex officio clerk of said board of education, 
 and shall be entitled to vote thereon, and in case of the ab- 
 sence of said clerk the board may choose some suitable person 
 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 
 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 
 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. 
 
 (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 ap- 
 pointment by the board. 
 
 (4828) SEC. 6. A majority of the members of said board 
 shall 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 suffi- 
 cient 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 within said district, of the time of holding such 
 meeting, which shall be at least three days subsequent to the 
 time of receiving such request by said clerk. All [the] meet- 
 
 To give bond. 
 
 Vacancies. 
 
 Quorum, 
 meetings, etc. 
 
GENERAL SCHOOL LAWS. 79 
 
 ings 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 tax- 
 -payer of said district. 
 
 (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 du- 
 ties 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. 
 
 (4830) SEC. 8. The board of education of said district shall 
 Tiave power and authority to designate and purchase school 
 house sites, erect buildings and furnish the same, employ le- 
 gally qualified teachers, provide books for district library, 
 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 regulations 
 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 
 
 shall be the duty of the treasurer of said board to apply for Treasurer to 
 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. 
 
 (4831 SEC. 9. At each annual township meeting held in said T * x J^ 8 soh001 
 township, the qualified electors present shall determine the pl 
 amount of money to be raised by tax for all school purposes for 
 the ensuing year : Provided, That in case the electors at any an- Proviso, 
 nual township meeting shall neglect or refuse to determine the 
 amount to be raised as aforesaid, then the board of education 
 shall determine the same at any regular 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: Provided, That for pur- Idem . 
 chasing school lots and for erecting school-houses, no greater 
 
80 
 
 GENERAL SCHOOL LAWS. 
 
 Of assessment 
 roll. 
 
 Treasurer to 
 report, etc. 
 
 Board to make 
 statement, etc. 
 
 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. 
 
 (4832) SEC. 10. All taxes assessed within said township 
 for school purposes shall be set forth in the assessment roll 
 of said township, in a separate column, apart and distinct 
 from all other township taxes. 
 
 (4833) SEC. 11. The treasurer of the township shall at any 
 time, at the written request of said board of education, report 
 to said board the amount of school money in his hands, and 
 shall, on the order of the president of said board of educa- 
 tion, 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. 
 
 (4834) SEC. 12. The said board shall annually, prior to the 
 first day of April in each year, make a detailed statement of 
 the number of schools in said district, the number 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 liabilities of said district, 
 which report or statement shall be entered at length in the rec- 
 ord of said board and shall be publicly 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. 
 
 (4835) SEC. 13. All school property, both real and per- 
 sonal, within the limits of a township incorporated as afore- 
 said, shall, by force of this act, become the property of the pub- 
 lic schools of such township, and all debts and liabilities 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. 
 
 While the injustice and inequality 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. 
 
 Disposition of 
 school prop- 
 erty. 
 
 raise!n> ey tax 
 
 Compensation 
 of board, etc. 
 
 (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 town- 
 ship 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. 
 
 (4837) SEC. 15. The compensation of the members 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. 
 
 (4838) SEC. 16. When any township district shall be di- 
 vided into two or more townships, the existing board of trust- 
 
GENERAL SCHOOL LAWS. 
 
 ees shall continue to act for all the townships until the same 
 have been organized and township boards of trustees duly 
 elected and qualified therein. Immediately after such organ- 
 ization 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 ap- 
 praisal has been made, said township boards shall make an 
 equitable division of the existing assets and liabilities of the 
 school district of such former township, basing their appor- 
 tionment upon the amount of taxable property in the town- 
 ship divided, as shown by the last assessment roll of such 
 former township. When a township district shall be altered 
 in its limits by annexing a portion of its territory to 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 appear upon the 
 last assessment roll of such township. 
 
 CHAPTER 120. TEACHERS' INSTITUTES. 
 
 An Act to provide for the better SUPPORT OF TEACHERS' INSTI- Act 53, 1877, p. 
 TUTES, and to repeal sections three thousand seven hundred and JJ ; A PP- A P r - 
 eighty-nine, three thousand seven hundred ninety, and three thousand 
 seven hundred ninety-one of the compiled laws of eighteen hundred 
 and seventy-one. 
 
 (4839) SECTION 1. The People of the State of Michigan enact, 
 
 That all boards or officers, authorized by law to examine ap- ^Ju^teis 
 plicants for certificates of qualification as teachers, shall col- from applicants 
 lect, at the time of examination, from each male applicant for fc 
 a certificate, an anual 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 shall employ 
 any teacher who has not paid the fee hereinbefore provided, 
 shall collect, at the time of making contract, from each male when to be 
 teacher so employed, an annual fee of one dollar, and from SiSctS-feto., 
 each female teacher so employed, an annual fee of fifty cents. ot 8Cb o1 board> 
 All persons paying a fee as required by this section, shall be 
 given a receipt for the same, and no person shall be required Becei P*- 
 to pay said fee more than once in any school year. 
 
 How. 5187. Am.. 1883; p. 103; App. May 24; 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, 67 N. W. 973. 
 
 (4840) SEC. 2. All such fees, collected by the director or Disposition 
 secretary of any school board, shall be paid over to the secre- Ol 
 
 tary of the county board of school examiners of the county in 
 which they were collected, on or before the fifteenth day of 
 March, June, September and December, accompanied by a list 
 11 
 
2 
 
 GENERAL SCHOOL LAWS. 
 
 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 exeminers to the treasurer 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 state- 
 ment from the county treasurer that said fees have been paid 
 to him, shall be sent by said secretary to the superintendent 
 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. 
 
 How. 5188 Am. 
 
 5, p. 103; App. May 24; Act 112. 
 
 Annual county 
 institute. 
 
 Proviso when 
 ^optional with 
 superin- 
 tendent. 
 
 Proviso. 
 
 -Proviso. 
 
 In case of 
 inability of 
 superin- 
 tendent. 
 
 Certificate of 
 attendance. 
 
 Teachers 
 attending not 
 to forfeit 
 wages. 
 
 (4841) SEC. 3. The superintendent of public instruction 
 shall annually appoint a time and place in each organized 
 county for holding a teachers' institute, make suitable ar- 
 rangements 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 kold- 
 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: 
 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- 
 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. 
 
 Am. 1879, p. 60; App. May 13; Act. 68. How. 5189. 
 
 (4842) SEC. 4. The superintendent of public instruction, in 
 case of inability personally to conduct any institute, or to 
 make the necessary arrangements for holding the same, i 
 hereby authorized to appoint some suitable person for that 
 purpose, who shall be subject to the direction of said superin- 
 tendent. Every teacher attending any institute held in ac- 
 cordance 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 sessions of said 
 institute such teacher shall have been in attendance, and any 
 teacher who shall have closed his or her school, in order to at- 
 tend said institute, shall not forfeit his or her wages as 
 teacher, during such time as he or she shall have been in at- 
 tendance at said institute, and the certificate hereinbefore pro- 
 vided shall be evidence of such attendance. 
 
 How. 5190. Am. 
 
 p. 103; App. May 24; Act 112. 
 
GENERAL SCHOOL LAWS. 
 
 (4843) SEC. 5. For the purpose of defraying the expenses 
 
 of rooms, fires, lights, or other necessary charges, and for paid 
 procuring teachers and lecturers, the said superintendent, 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. 1879, p. 60; App. May 13, Act 68. How. 5191. 
 
 (4844) SEC. 6. In case the institute fund in any county 
 hall be insufficient to defray the necessary expenses of any 
 institute held under the provisions of this act the auditor gen- 
 eral shall, upon the certificate of the superintendent that he 
 has made arrangements for holding such institute, and that 
 the county institute fund is insufficient to meet the expenses 
 thereof, draw his warrant upon the state treasurer for such ad- 
 ditional 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. 
 
 How*. 5191a. 
 
 (4845) SEC. 7. The superintendent is authorized to hold, 
 once in each year, an institute for the state at large, to be de- 
 nominated 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 war- 
 rant upon the state treasurer for such sum as said superintend- 
 ent 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 provis- 
 ions of this act. 
 
 The italics indicate amendments made by Act No. 64, Public Acts of 1899. 
 How 5192. 
 
 Vouchers for 
 
 (4846) SEC. 8. The superintendent of public instruction or payments. 
 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 county 
 treasurer, vouchers for all payments from the same in accord- 
 ance with this aet, and he shall return to the county treasurer 
 
84 GENERAL SCHOOL LAWS. 
 
 whatever of the amount that may remain unexpended, to be 
 replaced in the institute fund. 
 
 How. 5193. Sec. 9 repeals the laws mentioned in the title. How. 5194. 
 
 CHAPTER 121. COMPULSORY EDUCATION. 
 
 Act 95, 1895, P . An Act to provide for the COMPULSORY EDUCATION of children, 
 26- : Eff P A4 Pr " for the PUNISHMENT OF TRUANCY, and to repeal all acts or 
 so.' parts of acts conflicting with the provisions of the same. 
 
 ( 4847 ) SECTION 1. The People of tlie State of Michigan enact, 
 children under That every parent, guardian or other person in the state of 
 Michigan having control and charge of any child or children 
 between the ages of eight and sixteen years and in cities be- 
 tween the ages of seven and sixteen years, shall be required to 
 send such child or children to the public school for a period of 
 at least four months in each school yea^, 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 commencing 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 sixteen years shall have attended school 
 the entire school year previous to the thirtieth day of June in 
 SSdren a tatight eac ^ scno l year : Provided, If it be shown that any such 
 in private 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- 
 o table physician to examine such child or children, and if such 
 unable physician shall certify that such child or children is or are 
 sch a ooi nd physically unable to attend school, such child or children 
 shall be exempt from the provisions of this act: Provided 
 further, That the school boards in cities may on the recom- 
 ildren mendation of the superintendent of schools and of the truant 
 schooi. ttending 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 sixteen years, 
 for any reason that said boards may deem sufficient: And 
 Further proviso further provided, That in case a public school shall not be 
 chiidrlrTshaii taught for four months during the time herein specified, 
 be exempt. within two miles by the nearest traveled road, of the residence 
 of any such child or children, such child or children shall not 
 be liable to the provisions of this act. 
 
 Am. 1897, p. 77; App. May 13; Eff. Aug. 30; Act 67. 
 
 This act is deemed to have superseded act 144 of 1883 and act 108 of 1885,. 
 (How. 5174g-5174u.) and was so intended by the department of public instruc- 
 tion in preparing the bill for its enactment. See act to punish truancy and,; 
 prevent crime. Section 11,765. 
 
GENERAL SCHOOL LAWS. 85 
 
 (4848) SEC. 2. The district board or board of education in Ji i8 a t p r j ) c t i ^ ard 
 each school district in the state which has been organized as a truant officer. 
 graded school district, or as a township district according to 
 
 the laws of the state, shall, at its first meeting, after this law 
 goes into effect, and previous to the tenth day of September of 
 *each year, appoint a truant officer for the term of one year from 
 and after the first Monday of September of each year. In i n h o t Tbe hips 
 townships whose districts have been organized under the pri- truant officers. 
 mary school law, the chairman of the township board of school 
 inspectors 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 
 lias jurisdiction: Provided, That in cities having a duly or- d5S having 
 ganized police force, it shall be the duty of the police authority, organized 
 .at the request of the school authorities, to detail one or mo're poL 
 members of said force to perform the duties of truant officer. 
 The compensation of the truant officer shall be fixed in graded 
 school districts by the board which appoints, and in town- 
 ships by the township board and in no case shall such com- 
 pensation be less than one dollar and fifty cents per day for 
 time actually employed under direction of the school board in 
 performance of his official duties. The compensation of truant ofSSt ation 
 officers shall be allowed and paid in the same manner as inci- officers. 
 dental expenses are paid by such boards. 
 
 (4849) SEC. 3. It shall 'be the duty of the truant officer to Duties of 
 investigate all cases of truancy or non-attendance at school tr 
 .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 imme- 
 diately notify the persons having control of such children that, JJ^anf officer 
 on the following Monday, such children shall present them- to parent or 
 selves with the necessary text-books for instruction in the ^ 
 proper school or schools of the district. The notice shall in- 
 form 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 continuous. In case 
 any parent, guardian or other person shall fail to comply with 
 the provisions of this act, he shall be deemed guilty of a mis- 
 demeanor and shall, on conviction, be liable to a fine of not less 
 than five dollars, nor more than fifty dollars, or by imprison- 
 ment in the county or city jail for not less than two nor more 
 than ninety days, or by both such fine and imprisonment in the 
 discretion of the court. 
 
 (4850) SEC. 4. In all city school districts in this state having where 
 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 tion of certain 
 of certain children, as defined and set forth in the following cl 
 section. They may, through their truant officer and superin- 
 tendent of schools, require such children to attend said un- 
 
86 
 
 GENERAL SCHOOL LAWS. 
 
 To be classified 
 into three 
 elasses. 
 
 Truant officer 
 to make com- 
 plaint against 
 parent or 
 guardian for 
 neglect of duty. 
 
 graded schools, or any department of their graded schools, as 
 said board of education may direct. 
 
 ju?eniie emed (4851) SEC. 5. The following classes of persons between the 
 disorderly ages of eight and fourteen years, and in cities between the 
 ages of seven and sixteen years, shall be deemed juvenile dis- 
 orderly 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 r 
 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, em- 
 plbyment or occupation. 
 
 (4852) SEC. 6. It shall be the duty of the truant officer, in 
 case of a violation of this law, within one week after having 
 given the notice to the parent or guardians as specified in sec- 
 tion 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, village or town- 
 ship where the party resides, except in cities having recorder's 
 or police court, for such refusal or neglect; and said justice of 
 the peace, police judge, or recorder's court shall issue a warrant 
 upon said complaint 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 provisions 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. 
 
 (4853) SEC. 7. When, in the judgment of school boards of 
 primary and township school districts or the superintendent 
 of city schools and the truant officer, it becomes certain that 
 all legal means have been exhausted in their attempts to com- 
 pel the attendance at school of a juvenile disorderly person,, 
 the truant officer shall, in case the person in parental relation 
 to the child neglects or refuses to do so, make a complaint 
 against such juvenile disorderly person before a court of com- 
 petent jurisdiction that said child is a juvenile disorderly per- 
 son as described in section five of this act. The justice of the 
 peace or court shall issue a warrant and proceed to hear such 
 complaint; and if said justice of the peace or court shall deter- 
 mine that said child is a juvenile disorderly person within the 
 meaning of this act, then said justice of the peace or court shall 
 thereupon, and after consultation with the county agent of 
 corrections and charities, sentence such child, if a boy, to the 
 industrial school for boys at Lansing for a term not extending 
 beyond the time when said child shall arrive at the age of 
 seventeen years unless sooner discharged by the board of con- 
 
 Penalty upon 
 onviotion. 
 
 When com- 
 plaint to be 
 made against 
 juvenile disor- 
 derly persons. 
 
 Justice of the 
 peace to issue 
 warrant. 
 
 Boys to be 
 committed to 
 industrial 
 school for boys 
 
GENERAL SCHOOL LAWS. 87 
 
 trol of said industrial school for boys; or, if a girl, to the indus- 
 trial home for girls at Adrian, for a term not extending beyond 
 the time when said child shall arrive at the age of seventeen 
 years, unless sooner discharged by the board of control of said 
 industrial home for girls : Provided, however, That such sen- 
 tence shall, in case of the first offense, be suspended. 
 
 C. L. '57, 1313. C. I.. '71, 1631. How. 1593. Sec. 8 repeals "all acts or parts 
 f acts conflicting with the provisions of this." 
 
 CHAPTER 325. MISCELLANEOUS OFFENSES. 
 
 An Act to prevent CRIME and PUNISH TRUANCY. Act 162, 1883, p. 
 
 175; app. June 
 6;Eff. Sept. 8. 
 
 (11765) SECTION 1. That every boy between the age of ten 
 and sixteen years, or any girl between the age of ten and seven- 
 teen years, who shall "frequent or be found lounging about 
 saloons, disreputable places, houses of ill fame, or who shall or disorderly 
 be an inmate or resident or a member of a family who reside p< 
 
 in any house of ill fame, or conduct any other disreputable 
 place, or who shall frequent other rooms or places where dis- 
 solute and disreputable people congregate, or where intoxicat- 
 ing liquors are kept for sale, or who shall, against the com- 
 mand of his or her parents or guardian, run away or wilfully 
 absent himself or herself from the school he or she is attend- 
 ing, or from any house, office, shop, firm or other place where 
 he or she is residing or legitimately employed with labor, or 
 who shall against such command of his or her parents or guar- 
 dian for any immoral, disorderly or dishonest purposes be 
 found lounging upon the public streets, highways or other 
 public resorts or at places of amusement of dissolute or im- 
 proper 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. 
 
 How. 9315c. Am. 1895, p. 341; Apjp. May 22; Eff. Aug. 30; Act 183. Am. 1897, 
 p. 398; App. June 2; Eff. Aug. 30; Act 265. 
 
 (11766) SEC. 2. Upon the complaint upon oath and in writ- ^o to. make- 
 ing made before any justice of the peace, police justice or other c 
 criminal magistrate by the parent or guardian, or other per- 
 son 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 the supervisor 
 
 of any township, or mayor of any city, or president of any 
 village, and in any city of over eight thousand population by 
 the chief of police, mayor, or other person knowing 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 magistrate, to 
 
88 
 
 GENERAL SCHOOL LAWS. 
 
 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 
 Proviso as to sooner discharged according to law: Provided, That no per- 
 son 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 circuit 
 judge* or probate judge of the county in which such conviction 
 shall be had. 
 
 Note. *Italics indicate amendments made by Act No. 75, Laws of 1899. 
 
 ', 9315d. Am. 1897, p. 104; App. Apr. 28; Eff. Aug. 30; Act 96. This amend- 
 ment was cut off by the one immediately following. Am. 1897, p. 398; App. 
 June 2; Eff. Aug. 30; Act 265, ' Sec. 3 repeals "all acts and parts of acts in 
 anywise contravening the provisions of this act." 
 
 Proceedings 
 upon trial. 
 
 Duty of state 
 agent. 
 
 (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. 
 
 How. 9315e. 
 
 CHAPTER 81. 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 meet- 
 ing. 
 
 Officers to be 
 elected. 
 
 (2275) SEC. 8. The annual meeting of each township shall 
 he held on the first Monday in April in each year, and at such 
 meeting there shall be an election for the following officers: 
 one supervisor, one township clerk, one treasurer, 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. 
 
 C. L. '57, 500. C. L. '71, 643. Am. 1875, p. 36; App. March 20; Act 42. Am. 
 1881, p, 155; App. May 19; Eff. July 1; Act 158. How. 677. 
 
 ANNUAL, MEETINGS: Annual meetings and general elections distin- 
 guished. People v. Knight, 13 / 424. Annual meting 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 
 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; AJJor v. Wayne Auditors, 43 / 98. 
 
GENERAL SCHOOL LAWS. 89 
 
 (2276) SEC. 9. Each of the officers named in the last pre cSn 8 b? 
 ceding section, shall be chosen by ballot, and before proceed- t>aiiot. 
 ing to choose the officers hereinafter directed to be chosen at 
 such meeting. 
 
 C .L. '57, 501. C. L. '71, 644. How. 678. As to the last clause, see Section 2309. 
 
 (2283) SEC. 13. Each school inspector elected as aforesaid 
 shall hold his office for two years from that time and until his 
 successor shall be elected and duly qualified, except when 
 elected or appointed to fill a vacancy, in which case he shall 
 hold the office during the unexpired portion of the regular 
 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. 
 
 C. L. '57, 505. C. L. '71, 648. Repealed 1875; p. 38; App. Mar. 20; Act 42. Re- 
 stored and Am. 1881, p. 155; App. May 19; Eff. July 1; Act. 158. How. 684a. 
 
 (2285) SEC. 15. Each township officer elected at 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. 
 
 C. L. '57, 507.-C. L. '71, 650.-How. 686. 
 
 (2374) SEC. 95. The following township officers shall be 
 entitled to compensation at the following rates, for each day 
 actually and necessarily devoted by them to the service 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. 
 
 C. L. '57, 587. Am. 1867, p. 234; App. Mar. 27; Act 179. C. L. '71, 741. How. 774. 
 
 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, $306; each justice acting on the township 
 board, $50. 
 
 12 
 
90 
 
 GENERAL SCHOOL LAWS. 
 
 Act 117, 1855, p. 
 268; app. Feb. 
 
 Fifteen or more 
 teachers may 
 form corpor- 
 ation. 
 
 Notice to be 
 published. 
 
 May hold 
 property. 
 
 Restrictions 
 upon its use. 
 
 Privileges and 
 liabilities of 
 corporations. 
 
 CHAPTER 210. TEACHERS' ASSOCIATIONS. 
 An act to incorporate TEACHERS' ASSOCIATIONS. 
 
 (7730) SECTION 1. The People of the State of Michigan enact, 
 fifteen or more teachers, or other persons residing in this 
 
 state, who shall associate for the purpose of promoting educa- 
 tion 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 pub- 
 lished 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 meet- 
 ing for such association, and shall file in the office of the 
 Secretary of State a copy of the constitution and by-laws of 
 said association. 
 
 C. L. '57, 2046. C. L. '71, 3152. How. 4385. 
 
 (7731) 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. 
 
 C. L. '57, 2047. C. L. '71, 3153. How. 4386. 
 
 (7732) SEC. 3. Upon becoming a corporation as hereinbfc- 
 fore 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. 
 
 C. L. '57, 2048. C. L. '71, 3154. How. 4387. Chap. 55 referred to is Sections 
 
 8527-51. 
 
 CHAPTER 44, STATE ACCOUNTS. 
 
 Act i3i, 1875, p. An Act to provide for the safe keeping of PUBLIC MONEYS. 
 
 158; app. April 
 27; eff. Aug. 3. 
 
 "Public 
 moneys" de- 
 nned. 
 
 (1197) SECTION 1 . The People of the State of Michigan 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, pursu- 
 ant to any provision of law authorizing such officer to receive 
 the same, shall be denominated public moneys within the 
 meaning of this act. 
 
 How. 423. 
 
 As to county treasurers, see Perley v. Muskegon Co., 
 Sections 2539 and notes. 
 
 / 132. See also 
 
GENERAL SCHOOL LAWS. 91 
 
 (1198) SEC. 2. It shall be the duty of every officer charged t p U beket neys 
 with receiving, keeping or disbursing of public moneys to separate from 
 keep the same separate and apart from his own money, and he al 
 
 shall not commingle the same with his own money, nor with 
 the money of any other person, firm, or corporation. 
 
 How. 424. 
 
 (1199) SEC. 3. No such officer shall, under any pretext, use HOW used, 
 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 authority so 
 to do. 
 
 How. 425. 
 
 (1200) SEC. 4. In all cases where public moneys are author; Jj^ic'moSeys 
 ized to be deposited in any bank, or to be loaned to any to constitute a 
 individual, firm, or corporation, for interest, the interest accru- gen< 
 
 ing upon such public moneys shall belong to and constitute 
 a general fund of the State, county, or other public or munici- 
 pal corporation, as the case may be. 
 
 How. 426. 
 
 (1201) SEC. 5. In no case shall any such officer, directly or ^SSJJ*!!?.* 
 indirectly, receive any pecuniary or valuable consideration sideration for 
 as an inducement for the deposit of any public moneys with 
 
 any particular bank, person, firm, or corporation. 
 
 How. 427. 
 
 (1202) SEC. 6. The provisions of this act shall apply to all Provisions of ; 
 
 f * J this act to ap- 
 
 deputies of such officer or officers, and to all clerks, agents, p i y to deputies 
 and servants of such officer or officers. 
 
 How. 428. 
 
 (1203) SEC. 7. Any person guilty of a violation of any of Penalty for 
 the provisions of this act shall, on conviction thereof, be pun- visio^of'thts 
 ished by a fine not exceeding one thousand dollars, or impris- act - 
 onment 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 prevent a Proviso, 
 prosecution under the general statute for embezzlement in 
 cases where the facts warrant a prosecution under such gen- 
 eral statute. 
 
 How. 429. 
 
 (1204) SEC. 8. Any officer who shall wilfully or corruptly Penalty for 
 draw or issue any warrant, order, or certificate for the pay- 
 
 ment of money in excess of the amount authorized by law, or 
 
92 GENERAL SCHOOL LAWS. 
 
 for a purpose not authorized by law, shall be deemed guilty 
 of a misdemeanor, and may be punished as provided in the 
 preceding section. 
 
 How. 430. 
 
 CHAPTER 143. 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.) 
 
 SEC - 6 - At the annual meeting of the township 
 board in each year, and at a meeting of the common council 
 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 proceeding [preceding] 
 . 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 consider 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. 
 
 Apportionment 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 
 
 Proviso. 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. 
 
 Am. 1881, p. 396; App. June 11; Eff. Sept. 10; Act 283. How. 2128. 
 
 EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC IN- 
 STRUCTION: The apportionment must be based upon the whole number 
 of children 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 schooihouse is situated in a different township, the 
 money belonging to such district must be paid over to the treasurer of the 
 township in which the schooihouse 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. 
 
 CHAPTER 66. THE STATE NORMAL SCHOOLS. 
 
 i88t> D An Act to revise and consolidate the laws relative to the STATE 
 286; App. June BOARp OF EDUCATION. 
 
 27 ; eff. Oct 2. 
 
 (1812) SECTION 1. The People of the State of Michigan enact, 
 
 TO be a body That f or the purpose of rendering more efficient their organiza- 
 
 corporate. tion ^ ^^ to ena ki e 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 purchase, have, 
 
 hold, possess and enjoy to themselves and their successors, 
 
GENERAL SCHOOL LAWS. 93 
 
 all the lands, tenements, hereditaments, goods, chattels and 
 effects of every kind now belonging to the State Normal School school, etc 
 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 to 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 business: Pro- 
 vided, The same be not repugnant to the constitution or laws 
 of this state or of the United States : Provided further, That 
 said corporation shall be subject to the provisions of chapter 
 fifty-five of the revised statutes of eighteen hundred and forty- 
 six, so far as the same can apply, and are not inconsistent with 
 the provisions of this act. 
 
 How. 4976a. Chapter 55 of the revised statutes of 1846 contains the "gen- 
 eral provisions relating to corporations" and will be found in Chapter 230. 
 See acts 138 and 178 of 1849, establishing a state normal school. 
 
 (1813) SEC. 2. Said board shall have power to transact all Power of board. 
 necessary business at any meeting, a quorum being present. 
 
 Said board shall make and provide such by-laws and regula- 
 tions for the conduct of its business as it shall deem proper. 
 A quorum of said board shall consist of a majority of its 
 members. All processes against said board of education shall Proce88es - 
 be served on the president or secretary thereof. 
 
 How. 4976b. 
 
 (1814) SEC. 3. The State board of education shall continue of the normal 
 the Normal School at Ypsilanti in the county of Washtenaw, schooL 
 where it is now located. The purpose of the Normal School 
 
 shall be the instruction of persons in the art of teaching,, and 
 in all the various branches pertaining to the public schools 
 of the State of Michigan: Provided, There shall be prescribed Proviso. 
 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. 
 
 How. 4976c. 
 
 (1815) SEC. 4. No member of said board of education shall, S!!J?f 
 during his continuance in office, act as the agent of *any pub- p^ushe, etc. 
 lisher or publishers of school books or school library books, 
 
 or be or become interested in the publication or sale of any 
 such book or books as agent or otherwise. 
 
 How. 4976d. 
 
 (1816) SEC. 5. Said board shall provide all necessary courseofstudy 
 courses of study to be pursued in the Normal School and etc! niDg 8Ch001 ' 
 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 
 
94 
 
 GENERAL SCHOOL LAWS. 
 
 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. 
 
 How. 4976e. 
 
 Certificate to 
 teach, when 
 granted, term 
 of, etc. 
 
 Proviso. 
 
 (1817) SEC. 6. Upon the completion of the course specially 
 prescribed as hereinbefore provided for the rural and element- 
 ary graded schools, said board of education shall 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, That 
 said certificate may be suspended or revoked by said state 
 board of education upon cause shown by any county board 
 of examination, or by any board of school officers. 
 
 How. 4976f. 
 
 Life certifi- 
 cates, when 
 granted, etc. 
 
 (1818) SEC. 7. Upon the completion of either of the ad- 
 vanced courses of study prescribed by said State board, which 
 shall require not less than four years for their completion, 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 herein- 
 before provided to be granted. Said certificate shall set forth 
 a list of the studies of the course completed and, when given, 
 May be revoked, shall operate as a life certificate, unless revoked by said State 
 board of education. 
 
 Admission of 
 pupils. 
 
 Proviso. 
 
 To appoint 
 visitors, report 
 of, etc. 
 
 How. 4976g. 
 
 (1819) SEC. 8. The board of education shall make such regu- 
 lations for the admission of pupils to said school as it shall 
 deem necessary and proper: Provided, That the applicant 
 shall, before admission, sign a declaration of intention to 
 teach in the schools in this State. 
 
 How. 4976h. 
 
 
 
 (1820) SEC. 9. Said board of education shall appoint each 
 year three visitors whose duty it shall be to examine thor- 
 oughly into the affairs of the Normal School and report their 
 views with regard to its condition and any other matters they 
 may judge expedient, to the said board of education, which 
 report shall be incorporated in the report of the Superintend- 
 ent of Public Instruction' and in the report of said board of 
 education to be made to the Legislature as hereinafter pro- 
 vided. Said visitors shall receive two dollars per day for time 
 actually spent in visitation and also their actual traveling ex- 
 
GENERAL SCHOOL LAWS. 95 
 
 penses, to be paid out of the funds of said board: Provided, Proviso - 
 That not more than two visits shall be made by any board of 
 visitors. 
 
 How. 49761. 
 
 (1821) SEC. 10. Said board of education shall make to the Report of board 
 Legislature, at every regular session thereof, a report setting cc 
 
 forth: First, The work done by the school since the last re 
 port; 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 imme- 
 diate 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. 
 
 How. 4976J. 
 
 (1822) SEC. 11. The board shall elect a treasurer, who shall Treasurer, 
 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. 
 
 How. 4976k. 
 
 (1823) SEC. 12. The ten sections of salt spring lands located Lands appro- 
 by the board of education under the provisions of sections S3S5?of, d eto." 
 fifteen and sixteen of "An act to establish a state normal 
 school," approved March twenty-eight, eighteen hundred and 
 forty-nine, together with the fifteen sections of said salt spring 
 
 lands located under the provisions of section sixteen of said 
 act, and all such lands as may be granted by congress or re- 
 ceived or set apart in any manner in lieu of any portion of said 
 land, to which the title may prove insufficient, and all dona- 
 tions, in land or otherwise, to the State in trust or to the board 
 of education for the support of a normal school, shall consti- 
 tute a fund to be called the Normal School endowment fund, 
 and shall be reserved from sale until the same shall be ap- 
 praised. The minimum price of said lands shall be four dol- Minimum price 
 lars per acre, and it shall be the duty of the officer authorized PP IB I ' et 
 to sell said lands, to cause the same to be appraised as soon as 
 practicable, in the manner provided for the appraisal of other 
 lands; none of said lands shall be sold for less than the mini- 
 mum price fixed 'by law. It shall not be necessary to appraise 
 any of said lands which have heretofore been appraised under 
 existing provisions of 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 appraisal, 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 
 
96 
 
 GENERAL SCHOOL LAWS. 
 
 use of said institution, except as herein provided. The install- 
 ments 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 in- 
 terest 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. 
 
 Board to have 
 control of 
 funds, etc. 
 
 Proviso. 
 
 Compensation 
 of board. 
 
 Meetings of 
 state board of 
 education to 
 
 certificates. 
 
 Proviso. 
 
 How. 49761. 
 
 (1824) SEC. 13. The Normal School interest fund, and any 
 moneys which may be from time to time appropriated for the 
 purposes of the said Normal School, shall be under the direc- 
 tion 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 warrant of the Auditor General drawn upon tne 
 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- 
 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. 
 
 (1825) SEC. 14. The members of the State board of educa- 
 tion 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 the 
 manner already provided by law for the payment of the ac- 
 counts of boards of state institutions. 
 
 How. 4976n. 
 
 (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 certifi- 
 cate, be found to possess eminent scholarship, ability, and good 
 moral character. Such certificate shall be signed by the mem- 
 bers of said board, and be impressed with its seai 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: Provided, 
 That the said State board of education may, in its discretion 
 endorse State teachers' certificates or normal school diplomas 
 granted in other states, if it be shown to the satisfaction of 
 
GENERAL SCHOOL LAWS. 97 
 
 such board that the examinations required or courses of study 
 pursued are fully equal to the requirements of this State. 
 
 How. 4976o. Am. 1895, p. 171; App. Apr. 16; Eff. Aug. 30; Act 73. 
 
 (1827) SEC. 16. The said board shall examine all text-books certain text 
 in physiology and hygiene offered for use in the public schools Suty of et bokrd 
 of this State, and approve those only which comply with the relatin s thereto. 
 law relative to the space required to be devoted to the con- 
 sideration of the nature and effects of alcoholic 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 distribute to the various 
 educational institutions of the State such specimens of copper, 
 iron and other ores and rocks prescribed 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 Howell's Annotated 
 Statutes. 
 
 How. 4976p. 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. Sec. 841 of Howell's annotated statutes is Sec- 
 tion 4632. 
 
 (1828) SEC. 17. All insurance moneys or means collected, Disposition of 
 received or made available at any time, from policies of insur- Soueys, C etc. 
 ance, 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 rebuilding and 
 refurnishing the said buildings. 
 
 How. 4976q. Sec. 18 repeals ch. 193 of Howell's annotated statutes (C. L. 
 '57, 2208-31; C. L. '71, 3508, '31; How. 4946-76), and section 5149 of Howell's 
 statutes, "and all acts or parts of acts contravening the provisions of this 
 act." How. 4976r. 
 
 An Act to establish a NORMAL SCHOOL IN CENTRAL MICHIGAN. Act26i, 1895, 
 
 p,560; n app. 
 
 (1829) SECTION 1. The People of the State of Michigan enact, 
 That a Normal School for the preparation and training of per- 
 sons for teaching in the rural district schools, and the primary 
 departments of the graded schools of the State, to be known 
 
 as "Central Michigan Normal School," be established and con- c *; t 1 ri jj t ;f li ' 
 tinued at the City of Mount Pleasant, in Isabella county, to fchoo\eSab- 
 be located upon block ten of the normal school addition to u 
 said city, known as "Normal campus," and being a block of 
 land in area between eight and ten acres. 
 
 (1830) SEC. 2. The State board of education is hereby an- state board of 
 
 , , v . i , i -, education to 
 
 thonzed and directed to procure a good and sufficient deed procure deed of 
 of conveyance, to be accompanied with abstract of title and c< 
 tax history, to be approved by the Attorney General, conveying 
 to the said board of education and its succesors 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 apparatus therein, said lands and 
 13 
 
98 
 
 GENERAL SCHOOL LAWS. 
 
 buildings and personal property 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. 
 
 (1831) SEC. 3. Said school shall be under and subject to the 
 control of the State board of education, according to the provi- 
 gi(mg of ftct No 194 of the public acts of 1889> of 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. 
 
 of state board 
 sion. 
 
 29 
 
 Uniformity and 
 reciprocity in 
 studies to be 
 maintained in 
 normal schools. 
 
 Act 175, 1897, p. An Act to fix the RELATIONS OF THE EXISTING NORMAL 
 -3; app May SCHOOLS of the State. 
 
 ; eff. Aug. 30. 
 
 (1832) SECTION 1. The People of the State of Michigan enact, 
 That the State Board of Education shall maintain substantial 
 uniformity and reciprocity in the courses of study of the Cen- 
 tral 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 loss of standing for similar courses; and shall, 
 upon the completion of the course by any student in the Cen- 
 tral Michigan Normal School, and upon recommendation 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 which 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 satisfac- 
 tory evidence to the granting power of successful experience 
 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. 
 
 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. 
 
GENERAL SCHOOL LAWS. 99 
 
 (1833) SEC. 2. The State board of education may, through 
 the State Normal School at Ypsilanti, grant similar certificates continue the 
 for elementary graded and rural schools as in their judgment Sfi?ate" tai: 
 shall seem wise, and shall through the same institution con- 
 tinue to grant certificates good for five years life certificates, 
 diplomas and degrees, as are now provided by statute and cus- 
 tom; 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 Edu- 
 cation is empowered to designate that school in the courses nated as Btate 
 leading to such certificate and degree by the name, the Mich- ' 
 
 igan State Normal College. 
 
 Sec. 3 repeals "all acts or parts of acts conflicting with the provisions of 
 this." 
 
LAWS ENACTED BY LEGISLA- 
 TURE OF 1899. 
 
 Change of 
 name of normal 
 school at 
 Ypsilanti. 
 
 Purpose. 
 
 Selection of 
 site. 
 
 Area and 
 location. 
 
 Deed or con- 
 veyance. 
 
 [Act No. 52, 1899.] 
 
 An Act to change the name of the "Michigan State Normal School" to 
 "MICHIGAN STATE NORMAL COLLEGE." 
 
 The People of the State of Michigan enact: 
 
 SECTION 1. The institution now known and designated un- 
 der the name and style of ''Michigan State Normal School'* 
 shall hereafter be known as the "Michigan State Normal 
 College." 
 
 SEC. 2. All acts and parts of acts contravening the provi- 
 sions of this section are hereby repealed. 
 
 [Act No. 51, 1899.] 
 
 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. 
 
 The People of the State of Michigan enact: 
 
 SECTION 1. That a normal school shall be located at Mar- 
 quette, to be known as the Northern State Normal School, 
 for the purpose of instructing persons in the several branches 
 pertaining to a public school education, and in the science 
 and the art of teaching the same. 
 
 SEC. 2. The State Board of Education is hereby authorized 
 to procure a suitable site for the grounds and buildings for 
 said normal school, which site shall consist of at least twenty 
 acres of land, located within one and one-half miles of 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 
 good and sufficient deed or conveyance of .such site and 
 grounds, and have the title for the same duly recorded. When 
 
GENERAL SCHOOL LAWS. 101 
 
 so recorded, the said deed of conveyance, with an abstract of 
 title showing a clear and unincumbered title, and all papers 
 relating thereto shall be deposited in the office of the Auditor 
 General. 
 
 SEC. 3. The sum of twenty-five thousand dollars is 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 build- 
 ing shall be erected in accordance with the suggestions and 
 requirements of the State Board of Corrections and Charities, 
 and shall be ready for occupancy October one, eighteen hun- 
 dren ninety-nine. 
 
 SEC. 4. The sum of ten thousand dollars is hereby appro- 
 priated for the payment of the salaries and conduct of said 1899-1900. 
 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 hundred, 
 which amounts, together with amount specified in section 
 three of this act, shall be expended under the direction of the 
 State Board of Education and be drawn on their order from 
 the general fund : Provided, That this appropriation shall not Provis 
 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 equipment 
 of the school. 
 
 SEC. 5. The Auditor General shall add to and incorporate 
 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 collected as 
 other State taxes are assessed, levied and collected, which 
 sum, when collected, shall be placed to the credit of the gen- 
 eral fund to reimburse it for the sum appropriated by sections 
 three and four of this act. 
 
 SEC. 6. The said Northern State Normal School shall be 
 under and subject to the control of the State Board of Educa- 
 tion, according to the provisions of act number one hundred 
 ninety-four of the public acts of eighteen hundred and eighty- 
 iiine, 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. 
 
102 
 
 GENERAL SCHOOL LAWS. 
 
 Number that 
 may incor- 
 porate. 
 
 Manner of 
 incorporation. 
 
 Articles of 
 association. 
 
 General 
 management. 
 
 Classification 
 of trustees. 
 
 [Act No. 250, 1899.] 
 
 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 Mich- 
 igan, the State Normal College at Ypsilanti, the Central Michigan Nor- 
 mal 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. 
 
 The People of the State of Michigan enact: 
 
 SECTION 1. Any five or more persons of full age residing 
 in the State of Michigan may associate and incorporate them- 
 selves 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 Col- 
 lege at Lansing, the Michigan College of Mines, or the Manual 
 Training Schools of this State. 
 
 SEC. 2. Articles of association shall be executed in dupli- 
 cate, by the persons so associating themselves together in the 
 first instance, and shall be acknowledged by them before some 
 person authorized by the laws of this State to take acknowl- 
 edgments 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. 
 
 SEC. 3. The articles of association shall contain: 
 
 First, The names and places of residence of the persons 
 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. 
 
 SEC. 4. The affairs of such corporation shall be under the 
 general- management of not less than five nor more than fif- 
 teen 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 
 association may provide for a classification of the trustees so 
 that the terms of office of the several classes shall expire at 
 different times, and for a classification of the members in 
 
GENERAL SCHOOL LAWS. 103 
 
 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 
 may be chosen by the trustees or the members of the corpora- 
 tion, as the articles shall prescribe. The by-laws shall be B y- lftws - 
 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 A 
 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. 
 
 SEC. 5. All the funds received by any corporation organized Jjrat'o?. c r ' 
 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 corpora- 
 tion shall be used or contributed toward the erection, comple- 
 tion 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, reafand e per 
 either by purchase, gift, grant, lease, or bargain and sale, sonal estate, 
 devise and bequest, not exceeding twenty-five thousand dol- 
 lars, 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 ]^J s sp e f clfy 
 its funds shall be invested, and that no part of its funds shall securities, 
 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. 
 
 SEC. 6. In case it shall at any time happen that an election Election of 
 of officers, directors or trustees shall not be made on the day officer8 - 
 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 election of 
 officers, directors or trustees, in such manner as may be di- 
 rected by the articles of association and by-laws of said corpo- 
 ration. 
 
 SEC. 7. The articles of association filed as required by this 
 
104 
 
 GENERAL SCHOOL LAWS. 
 
 act, or a copy thereof certified by the officer with whom they 
 are so filed > ma 7 be given in evidence in any court of this 
 State for or against said corporation. Said corporation shall 
 possess the general power conferred by and subject to the 
 provisions and restrictions of chapter two hundred thirty of 
 the Compiled Laws of the State of Michigan of eighteen nun-, 
 dred ninety-seven, so far as the same may be applicable to 
 corporations formed under this act. 
 
 [Act No. 115, 1899.] 
 
 An Act to create a STATE BOARD OF LIBRARY COMMISSIONERS 
 to Promote the Establishment and Efficiency of free public librarys, 
 and to provide an Appropriation therefor. 
 
 The People of the State of Michigan enact: 
 
 Personnel of 
 commission. 
 
 Filling of 
 vacancies. 
 
 Duties of 
 
 com mission. 
 
 Reoorts to 
 commission. 
 
 -Salary of 
 secretary. 
 
 Expenses of 
 "commission. 
 
 SECTION 1. The Governor, with the advice and consent of 
 the Senate, shall appoint four persons, residents of this State, 
 who, together with the State Librarian, who shall be a mem- 
 ber 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 occur- 
 ring in the appointive membership of said board, whether by 
 expiration of term of office or otherwise, shall be filled by 
 the Governor, with the advice and consent of the Senate. 
 
 SEC. 2. It shall be the duty of the library commission to 
 give advice and counsel to all free libraries in the State, 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. 
 
 SEC. 3. It shall be the duty of all free libraries organized 
 under the laws of the State, whether general or special, to 
 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. 
 
 SEC. 4. No member of the Board of Library Commissioners 
 shall receive any compensation for his services, except that 
 the board may appoint one of their number to act as secretary, 
 and such secretary may receive such sum as shall be agreed 
 upon by the board, not exceeding three hundred dollars an- 
 nually, for clerical services. The board shall be entitled to 
 expend a sum not to exceed five hundred dollars in any one 
 year for supplies and incidentals and for the actual and neces- 
 sary expenses of its members in the discharge of their duties. 
 
GENERAL SCHOOL LAWS. 105 
 
 The accounts of the board shall be audited by the State Board 
 of Auditors, and paid out of the general fund. 
 
 SEC. 5. The Auditor General shall add to and incorporate J^n? 8100 for 
 with the State tax for the year eighteen hundred and ninety- 
 nine, and every year thereafter, the sum of eight hundred 
 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. 
 
 . [Act No. 176, 1899.] 
 
 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 pay- 
 ment therefor from the general fund. 
 
 The People of the State of Michigan enact: 
 
 SECTION 1. That upon application by a school district 
 board, board of trustees of a graded school, or board of educa- 
 tion of any city, of this State, to the Superintendent of Public 
 Instruction, he shall grant permission to such board to estab- 
 lish and maintain, and such board shall thereupon be em- 
 powered to maintain 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 orphans, are residents of the State of Michigan. 
 
 SEC. 2. Any board which shall maintain one or more day J^Ju* supt> 
 schools for the instruction of the deaf shall report to the super- instruction. 
 intendent of public instruction annually, and at such other 
 times as he may direct, such facts concerning the school or 
 schools as he may require. 
 
 SEC. 3. The State Treasurer is hereby authorized and di- Payment of 
 rected to apportion and pay out of the "general fund" an- treasure?* 1 
 nually 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. 
 
 SEC. 4. The money received from the State Treasurer, as Handling of 
 provided in section three of this act, shall be kept separate fu 
 and distinct from all other funds by the treasurer of the board 
 receiving it, and shall be known as "the fund for the support Name of fund, 
 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 appliances, 
 and all sums not expended under this act shall be returned to 
 14 
 
106 
 
 GENERAL SCHOOL LAWS. 
 
 the State Treasurer and credited to the primary school interest 
 fund. 
 
 ^ EC * ^' ^^ teachers in such schools shall be appointed 
 and employed as other public school teachers are appointed 
 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 
 
 system taught, for the deaf. The so-called "oral" system shall be taught by 
 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. 
 
 Persons coming SEC. 6. For the purpose of this act, any person of sound 
 mind, who, by reason of defective hearing, cannot profitably 
 be educated in the public schools, as other children are. shall 
 be considered deaf. 
 
 Annual report 
 of superinten- 
 dent of public 
 instruction. 
 
 To whom dis- 
 tributed. 
 
 Number of 
 pages. 
 
 [Act No. 44, 1899.] 
 
 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 otnerwise, and 
 to provide for the publication and distribution of the Official Directory 
 and Legislative Manual of the State of Michigan, etc. 
 
 (From this act only such portions are quoted as relate directly to the pub- 
 lic school system.) 
 
 SECTION 11. There shall be printed of the annual report of 
 the Superintendent of Public Instruction a sufficient number 
 to supply all school libraries in the State with one copy each, 
 which copy shall be bound in the same style as provided 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, State University 
 and State Normal School in the United States, each living ex- 
 superintendent and deputy superintendent of public instruc- 
 tion in this State, each member of county boards of exam- 
 iners; 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, including context and index, such pages 
 to be the size of the pages of the report of the Superintendent 
 of Public Instruction for the year eighteen hundred ninety- 
 five. 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 
 paper, if necessary for such cuts, and also the cost of making 
 such cuts. 
 
GENERAL SCHOOL LAWS. 107 
 
 Scetion thirty provides for the distribution of the Legis- 
 lative Manual (Red Book), and the list includes one copy manual. 
 for each of the following: Each district, graded, and city 
 school; each library other than school library; each township, 
 village, and city clerk, and the county commissioner of schools. 
 
 SEC. 32. It shall be the duty of the county commissioners 
 of schools to distribute all copies of the "Official Directory and 
 Legislative Manual" to the schools in their respective 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 oversee the 
 prompt distribution of the laws, journals, documents and re- 
 ports mentioned in this act, whose distribution is not other- 
 wise provided for; and said laws, journals, documents, and 
 reports shall be shipped to the several county clerks and county 
 commissioners of schools in the State and be distributed 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 preserved by said county 
 clerks and county commissioners of schools. That the ac- 
 counts for boxes furnished to the Secretary of State for pack- 
 age and distribution shall be audited and allowed by the Di 
 Board of State Auditors and paid out of the State treasury, 
 and the expense of transportation from the office of the Secre- 
 tary 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. 
 
 SEC. 33. It shall be the duty of the several county clerks Receipt to 
 and county commissioners of schools, upon receiving any of Jtate.*" 101 
 the books mentioned in this act, to receipt to the Secretary 
 of State for the same, which receipt shall be filed and preserved 
 in the office of the Secretary of State; and it shall also be 
 the duty of the said county clerks and county commissioners 
 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 fhe 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 
 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 
 the Secretarv of State to notifv each person to whom any Notification by 
 
 i_i T e /*. .,i-i. . secretary of 
 
 books are sent, except township officers, either directly or in state. 
 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- 
 
108 GENERAL SCHOOL LAWS. 
 
 _ _ _ . ,, 
 
 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. 
 
 Section thirty -four provides that each city, village, town- 
 ship, 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. 
 
APPENDIX. 
 
 FORMS FOE PROCEEDINGS UNDER THE SCHOOL LAWS; 
 
 FORM No. 1. 
 
 Notice by the Cleric of the Board of Inspectors to a taxable Inhabitant of a District of the 
 
 Time of its Formation. 
 
 fSee Sections 4647, 4648, Compiled Laws 1897.] 
 
 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 
 
 18. ... 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 Bis 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 , 18 
 
 (Signed.) C D 
 
 Clerk of the Board of School Inspectors. 
 
 FORM No. 2. 
 Notice of First Meeting when made in writing to be left at the house of every legal voter. 
 
 [See Sections 4647, 464S, 4662, Compiled Laws 1897.] 
 
 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 , 18. . . ., at. . . .o'clock. . . .M. 
 
 Dated this day of , 18 
 
 A B , 
 
 [The person appointed to give notice.] 
 
110 
 
 APPENDIX. 
 
 FORM No. 3. 
 
 Endorsement upon the notice (Form No. 1} by 'Taxable Inhabitant. 
 
 [See Sections 4647, 4648, 4662, Compiled Laws 1897.] 
 
 I, A B , hereby returned the within (or annexed) notice, hav- 
 ing notified the qualified voters of the district, as follows: 
 
 NAMES. 
 
 DATE. 
 
 How NOTIFIED. 
 
 A B January 1, 1882 Personally. 
 
 C D " 1,1882 Written Notice. 
 
 E '.'.' F. " 2, 1882 Personally. 
 
 Dated this day of , 18 
 
 {Signed.) A B 
 
 FORM No. 4. 
 Notice by Township Clerk to Director, of Alteration in District. 
 
 [See Section 4656, Compiled Laws 1897.] 
 
 To the Director of School District No. , Township of : 
 
 SIR At a meeting of the board of school inspectors of the township of 
 
 held , 18 , the boundaries of school district No , township 
 
 of , were altered in such manner that the territory of said dis- 
 trict now includes the following: [Here insert the description.] 
 
 Dated this day of 18 
 
 (Signed.) C D 
 
 Clerk of the Board of School Inspectors. 
 
 FORM No. 5. 
 Acceptance of office by District Officers, to be filed with the Director. 
 
 [See Sections 4670, 4747, 4763, 4825, Compiled Laws 1897.] 
 
 I do hereby accept the office of in school district No 
 
 of the township of 
 
 Dated this day of 18 
 
 (Signed.) A B 
 
FORMS FOR PROCEEDINGS. Ill 
 
 FORM No. (J- 
 Assessor's Bond. 
 
 [See Sections 4691, 4826, Compiled Laws 1897.] 
 KNOW ALL MEN BY THESE PRESENTS! That WC, A B. . . , , aSSCSSOr 
 
 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 
 which 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 out seals and dated this day of , 18. ... 
 
 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.) 
 
 FORM No. 7. 
 Notice of Annual Meeting. 
 
 [See Sections 4659, 4661, 4686, Compiled Laws 1897.1 
 
 NOTICE. The annual meeting of school district No. ... of the 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 , 
 
 OH Monday, the day of September [or July], 18. . . ., at. . . .o'clock. . . .M. 
 
 Dated this day of August [or July], 18 
 
 (Signed) A B Director. 
 
112 APPENDIX. 
 
 FORM No. 8. 
 
 Request to be made by five Legal Voters of a District to tlie District Board for a 
 
 Special Meeting. 
 
 [See Section 4660, Compiled Laws 1897.] 
 
 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 , 18 
 
 (Signed) C D 
 
 E F , 
 
 G H , 
 
 1 K 
 
 L.. . M. . 
 
 FORM No. 9. 
 
 Notice of Special Meeting. 
 
 [See Sections 4660, 4661, Compiled Laws 1897.] 
 
 NOTICE A special meeting of the legal voters of school district No , in the 
 
 township of , called on the written request otfive legal voters [or called 
 
 by the district board, as the case may be], will be held at r. . . ., on the 
 
 day of . . ., 18 , at o'clock M., for the purpose 
 
 of [here insert every object that is to be brought before the meeting.] 
 
 (Signed) A B , Director. 
 
 FORM No. 10. 
 
 Order upon the Assessor for Moneys to be disbursed by him, with Receipt attached. 
 
 [See Sections 4686, 4691, Compiled Laws 1897.] 
 
 Assessor of School District No , Townsiph 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 18 
 
 A B , Director. 
 
 [Countersigned] 
 
 C D , Moderator. 
 
 Received of E F , assessor of school district No , the 
 
 amount specified in the above order. 
 
 G. . . H 
 
FORMS FOR PROCEKDINGS. 113 
 
 FORM No. 11. 
 Warrant upon Township Treasurer for moneys belonging to School District. 
 
 [See Sections 4686, 4691, 4711, 4833, Compiled Laws 1897.] 
 
 Treasurer of the Township of : 
 
 SIR Pay to A B , assessor of school district No .... in said 
 
 township, the sum of 100 dollars, out of [here insert the 
 
 particular fund], in your hands belonging to said district. 
 
 Dated at this day of ,18 
 
 C D Director. 
 
 [Countersigned] 
 E . . . F . . . Moderator. 
 
 FORM No. 12. 
 
 Certificate by District Board to Township Clerk, of District Taxes to be Assessed. 
 
 v 
 
 [See Sections 4665, 4674, 4778, Compiled Laws 1897.] 
 
 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 section 
 27 of the general school laws of 1895: 
 
 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 dsitrict board under the provisions of sections 36, 194 and 225 of the general 
 school laws of 1895: 
 
 For teachers' wages- j$ 
 
 For fuel | | 
 
 For incidental expenses ] | . 
 
 For free text books | I 
 
 For flag and fla^ start j 
 
 For . ! I 
 
 Total estimated and voted by district board 
 
 Which amounts you will report to the supervisor to be assessed upon the tax- 
 able property of said district in accordance with the provisions of law. 
 
 Dated at this day of ,18 
 
 A B , Moderator. 
 
 C D , Director. 
 
 K F , Assessor. 
 
 15 
 
114 APPENDIX. 
 
 FORM No. 13. 
 Bond to be given by the Chairman of the Board of School Inspectors. 
 
 [See Section 4(593, Compiled Laws 1897.] 
 
 KNOW ALL MEN BY THESE PRESENTS: That we, 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 into the said township, in 
 
 the sum of [here insert the sum of double the amount to come into said chair- 
 man'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 18. ... 
 
 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 , Toirnslrip 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 all his debts and liabilities, exclusive of property exempt from execu- 
 tion. 
 
 (Subscribed and sworn to.) 
 
 FORM No. 14. 
 
 Appointment of District Officers by District Boards. 
 
 [See Sections 4668, 4747, 4827, Compiled Laws 1897.] 
 
 The undersigned, members of the district board of school district No 
 
 township of , do hereby appoint A B 
 
 [director, moderator, or assessor, as the case may be] of said district to fill the 
 
 vacancy created by the [removal, resignation, or death, etc.] of C 
 
 D , the late incumbent. 
 
 Dated this day of 18 
 
 E F 
 
 G.. . H 
 
FORMS FOR PROCEEDINGS. 115 
 
 FORM No. 15. 
 
 Appointment of IHstdct Officers by School Inspectors. 
 [See Sections 4668, 4747, Compiled Laws 1897.] 
 
 The undersigned school inspectors of the township of , do hereby 
 
 appoint A . B . ...... [director, moderator, or assessor, as the case may 
 
 be] of school district No in said township, the district board having failed 
 
 to appoint. 
 
 Dated this day of . 18 
 
 C D , 
 
 E F , 
 
 G H , 
 
 Board of School Inspectors. 
 
 FORM No. 16. 
 
 Notice of Meeting of Inspector*. 
 
 [See Section 4653, Compiled Laws 1897.] 
 
 NOTICE A meeting of the board of school inspectors of the township of. 
 
 , will be held at , on the day of 18. . . ., at. ... 
 
 o'clock. .. .M., 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 , 18 
 
 A B... 
 
 Clerk of the Board of School Inspectors. 
 
 FOBM No. 17. 
 
 Certificate to be given to the Director of a School District, by the Board of School Inspectors 
 
 when they establish a Site. 
 
 ISee Section 4728, Compiled Laws 1897.] 
 
 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.] 
 
 Give under our hands this day of , 18. ... 
 
 A B 
 
 C D 
 
 E F 
 
 Board of School Inspectors. 
 
116 APPENDIX. 
 
 FOBM No. 18. 
 Warrant on the Township Treasurer for Library moneys. 
 
 [See Section 4754. Compiled Laws 1897.] 
 
 To the Treasurer of the Township of , County of : 
 
 SIB Pay to , chairman of the board of school inspectors, the sum of 
 
 100 dollars, from the library moneys in your hands or to come inre 
 
 your hands, the same being for the support of the library of said township. 
 
 Dated this day of , 18 
 
 A.... B , 
 
 C D , 
 
 E F , 
 
 1 uuonship Hoard of tichool 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.) 
 
 FORM No. 19. 
 
 Notice by the Township Treasurer to the Township Clerk of moneys to be Apportioned 
 
 to Districts. 
 
 [See Sections 4711, 4712, Compiled Laws 1897.] 
 
 To the Clerk of the Township of County of : 
 
 SIB I have now in my hands for appointment to ihe 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 , 18 
 
 A B , 
 
 Township Treasure*. 
 
 FOBM No. 20. 
 
 Notice by the 'Township Clerk to the Township Treasurer, of the Apportionment of 
 
 Moneys to Districts. 
 
 [See Sections 4702, 4703, Compiled Laws 1897.] 
 
 To the Treasurer of the Township of , County of . . , : 
 
 SIB 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: 
 
FORMS FOR PROCEEDINGS. 
 
 117 
 
 Districts. 
 
 a 
 
 3 
 0) 
 
 !i 
 
 9 
 
 & 
 
 Primary school in- 
 terest fund. 
 
 Library moneys. 
 
 % 
 
 tfl 
 
 1 
 
 Surplus dog tax. 
 
 District taxes. 
 
 Special funds. 
 
 i 
 
 3 
 ^ 
 o 
 i 
 
 
 2 , 
 
 "3.2 
 
 I 6 
 
 District No 1 
 
 
 $ 
 
 $ 
 
 $* 
 
 $ 
 
 $ 
 
 $ 
 
 $ 
 
 District No 2 fr'l 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 
 $ 
 
 $ . .. 
 
 $ 
 
 $ 
 
 $ 
 
 $ 
 
 $ 
 
 
 
 
 
 
 
 
 
 
 Dated this day of 18 
 
 A. 
 
 Township Clerk. 
 
 FORM No. 21. 
 
 Notice by Township Clerk to Directors, of Moneys belonging to the Directors. 
 [See Section 4703, Compiled Laws 1897.] 
 
 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 
 
 Onr-mill tax 
 
 Surplus dog tax 
 
 District taxes 
 
 Special funds 
 
 Total 
 
 Dated this day of. . 
 
 18 
 
 A. 
 
 Township Clerk. 
 
 FORM No. 22. 
 
 v 
 
 Certificate by the Township Clerk to the Supervisor, of District Taxes to be Assessed. 
 
 [See Section 4701, Compiled Laws 1897.] 
 
 Supervisor of the Tmvnship of .County of : 
 
 SIR I hereby certify that the following is a correct statement of moneys pro- 
 posed 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: 
 
118 
 
 APPENDIX. 
 
 Districts. 
 
 For teachers' 
 wages. 
 
 For building 
 purposes. 
 
 
 
 "3 
 
 2 
 
 1 
 
 For paying in- 
 debtedness. 
 
 3 
 
 3 
 
 1 
 
 
 
 1 
 
 1 
 
 05 
 3 
 
 1 
 I 
 
 For incidental 
 expenses. 
 
 , 
 
 -3 
 I 
 
 District No 1 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 District No. 2, frl 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Which amounts you will assess upon the taxable property of each of said dis- 
 tricts in accordance with the provisions of law. 
 
 Dated day of 18 
 
 A D 
 
 Toionship Clerk. 
 
 FORM No. 23. 
 Deed to School District. 
 
 [See Section 4673, Compiled Laws 1897.] 
 
 KNOW ALL MEN BY THESE PRESENTS: That A B and C 
 
 D his wife, of the township of , county of 
 
 and State of party of the first part, for and in consideration 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 thereunto 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 bar- 
 gained 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 ,18 
 
 A B , [SEAL] 
 
 C D , [SEAL] 
 
 Signed, sealed, and delivered in presence of 
 
 E F , 
 
 G H 
 
 STATE OF ) 
 
 County of f ss> 
 
 On this day of in the year one thousand eight hundred and 
 
 t before me, I K , a , in and for said 
 
 county, personally appeared , and , his wife, 
 
FORMS FOR PROCEEDINGS. 119 
 
 to me known to be the same persons described in and who executed the within 
 instrument, who severally acknowledged the same to be their free act and deed. 
 Witness my hand and official seal, the day and year last above named. 
 
 I K , [SEAL] 
 
 FORM No. 24. 
 
 Lease to School District. 
 
 [See Section 4673, Compiled Laws 1897.] 
 
 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 
 
 district 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 appur- 
 tenances thereto belonging; to have and to hold the same for and during the term 
 
 of years from the day of , 18. ... 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 18 
 
 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. . 
 
 FORM No. 25. 
 Contract for Building a Schoolhouse. 
 
 [See Section 4673, Compiled Laws 1897.] 
 
 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 
 
120 APPENDIX. 
 
 to be completed and delivered to the said district board or their successors in office, 
 
 free from any lien for work done or material f urnisheu, by the day of 
 
 18. ... And in case the said house is not finished by the time herein specified. 
 
 the said A B shall forfeit any 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 as- 
 signed without the consent of both parties. 
 
 Witness our hands this day of 18. ... 
 
 A B , 
 
 Contractor. 
 
 C D , 
 
 E F 
 
 G H 
 
 District Board. 
 
 FORM No. 26. 
 
 Contract between District Board and Teacher. 
 
 [See Sections 4676, 4678, 4695, 4748, Compiled Laws 1897.] 
 
 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 town- 
 
 ship^ that the said A B shall teach the school of said district 
 
 for the term of months, commencing on the day of 
 
 18 ; and the said A B agrees to faithfully keep a correct 
 
 list of the pupils, and the age of each attending school, and the number of days 
 each pupil is present, and to furnish the director of the district with a correct 
 copy of the same at the close of the school, and to observe and enforce the rules 
 and regulations 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 com- 
 fortable 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 , 18. . . . : 
 
 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 certificate 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 
 
 dav of , 18 
 
 C D...... , 
 
 E F 
 
 G H 
 
 District Board. 
 A . . . B Teacher. 
 
V 
 
 FORMS FOR PROCEEDINGS. 
 
 321 
 
 
 
 
 
 
 
 
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 Jtate of Michigan, for the ter 
 ,18.... 
 
 PUPILS. 
 
 NAME. 
 
 pq 
 
 Q 
 
 
 w 
 
 hereby certify that the abov 
 
 OTE. The above register properly 
 h column under the head of "Attei 
 n given in the twentieth coiumn to 
 ic words "for weeks commencing" 
 , thus*, denotes the studies pursue 
 ndance of all the pupils (as found i 
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 Qder the provisions of 42, the teac 
 n given in physiology and hygiene, 
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122 APPENDIX. 
 
 FORM No. 28. 
 Notice to Parents or Guardians in Rural Districts. 
 
 Township, ................ 189.... 
 
 To ...................... 
 
 You are hereby notified that .......................... a child between 8 and 14 
 
 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, 189 ____ , or 
 
 during such part of said four months as may yet remain previous to said 30th 
 day of June. 
 
 Yours respectfully, 
 
 Truant Officer. 
 
 FORM No. 29. 
 
 Notice to Parents or Guardians in Cities having a regularly constituted Police Force. 
 
 Michigan, 
 
 189.... 
 
 To M 
 
 No St. 
 
 You are hereby notified that is believed to be over 7 and under 
 
 16 years of age and that is not attending 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.. , 189 
 
 Truant Officer. 
 
 FORM No. 30. 
 
 Notice to Truant Officer by School Officers, Teachers or Residents of District. 
 
 Michigan, 
 
 189.... 
 
 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 
 
FORMS FOR PROCEEDINGS. 123 
 
 FORM No. 31. 
 
 Notice to Parents or Guardians of Juvenile Disorderly Persons. 
 
 Michigan, 
 
 189.... 
 
 To M 
 
 No St. 
 
 Your child, or ward is reported to me as belonging to the class 
 
 deemed juvenile disorderly persons by the compulsory education law, and you are 
 hereby warned, that by an act of the legislature of Michigan, passed in 1895, the 
 following classes of persons between the ages of eight and fourteen years, and in 
 cities between the ages of SEVEN and SIXTEEN years, are deemed Juvenile Dis- 
 orderly Persons and shatt in the judgment of the proper school authorities, be 
 assigned to the ungraded school or schools: 
 
 1. Habitual truants from any school in which they are enrolled as pupils. 
 
 2. Children who, while attending any school, are incorrigibly turbulent, diso- 
 bedient, or insubordinate, or are vicious or Immoral in conduct. 
 
 3. Children who are not attending any school and who habitually frequent 
 streets and other public places, having no lawful business, employment or occupa- 
 tion. 
 
 You are further warned that for persistence in the above mentioned conduct, 
 said juvenile disorderly persons may be sentenced to the Reform School at Lansing, 
 or to the Industrial Home at Adrian. 
 
 Your attention is directed to the provisions of the act, under authority of which 
 this warning is served. 
 
 You are hereby ordered to cause said to begin regular attendance 
 
 next Monday, at the ungraded school located. in this city. 
 
 Served , 189 
 
 Truant Officer. 
 
INDEX. 
 
INDEX. 
 
 ABSTRACTS: PAGE 
 
 of school inspectors' reports, 4639 10 
 
 ACADEMIES AND INCORPORATED EDUCATIONAL INSTITUTIONS: 
 
 report to superintendent of public instruction, 4803 65 
 
 ACCEPTANCE OF OFFICE: 
 
 filed with and recorded by director, 4670, 4747, 4825 23, 51, 77 
 
 neglect to file vacates office, 4667 22 
 
 penalty for failing to file, 4766 57 
 
 ACCOUNTS: 
 
 of director, 4686, 4748 29, 52 
 
 inspectors, 4696 34 
 
 members of board of school examiners, 4837 74 
 
 ACTION: 
 
 against school districts, 4721-4727 42, 43 
 
 relative to obtaining site, 4728-4742 43-48 
 
 ADJOURNMENTS : 
 
 of district meeting, 4665 20 
 
 proceedings to obtain site, 4738 47 
 
 ADMISSION OF PUPILS: 
 
 non-resident, 4684 28 
 
 resident, 4683 28 
 
 to Agricultural College, 4791 63 
 
 high school, 4748 52 
 
 kindergarten, 4794 63 
 
 Normal school, 1819 94 
 
 AGE: 
 
 at which education is compulsory, 4847 84 
 
 school, 4683, 4794, 4823 28, 63, 77 
 
 AGENTS FOR SCHOOL* BOOKS, ETC. : 
 
 officers, superintendents and teachers not to act as, 4773, 4818 60, 75 
 
 AGRICULTURAL COLLEGE COURSE: 
 
 for district schools, 4791 , 63 
 
 AGRICULTURAL SCHOOL: 
 
 admission of pupils to freshman class, 4791 63 
 
 duties of secretary, 4791 63 
 
 examination for admission to, 4821, 4822 75, 76 
 
 to be provided, con. prov., art. xiii, sec. 11 9 
 
 ALIENS: 
 
 not eligible to office, 4669 23 
 
 ALTERATION: 
 
 in boundaries of districts, 4653-4656 15, 16 
 
 graded school districts, 4749 53 
 
 township school districts, 4838 
 
 of schoolhouse sites, 4728 43 
 
 (See School District; also, Township Board of Inspectors.) 
 ANNUAL MEETING: 
 
 (See District Meetings.) 
 ANNULMENT OF CERTIFICATES: 
 
 by county board of school examiners, 4814 72 
 
 faculty of University, 4804 66 
 
 State Board of Education, 1817, 1818, 1826, 4805 94, 96, 67 
 
 APPARATUS: 
 
 director authorized to purchase, 4665 21 
 
 tax may be voted for the purchase of, 4665 20 
 
 APPEAL: 
 
 from inspectors to township board, 4743-4745 49, 50 
 
 APPENDAGES TO SCHOOLHOUSE: 
 
 tax may be voted for procuring, 4665 20 
 
 to be provided by director, 4686 29 
 
 APPOINTMENT : 
 
 of building committee, 4665 21 
 
 clerk of meeting in director's absence, 4665, 4826 21, 78 
 
128 INDEX. 
 
 APPOINTMENT Continued: . PAGE 
 
 conductor of teachers' institute, 4842 
 
 county commissioner of schools in case of vacancy, 4819 75 
 
 deputy superintendent of public instruction, 4640 
 
 district officers in case of vacancy, 4668 22 
 
 trustees in case of vacancy, 4747, 4827 -. 51, 78 
 
 first meeting of a district, 4647, 4823 13, 76 
 
 librarian of township library, 4756 , 55 
 
 member of board of school examiners in case of a vacancy, 4808 68 
 
 person to take school census, 4687, 4830 30, 79 
 
 State officers in case of a vancancy, con. prov., art. viii, sec. 3 7 
 
 truant officers, 4848 85 
 
 APPORTIONMENT : 
 
 of library moneys, 4762 56 
 
 moneys collected in fractional districts, 4713 39 
 
 on division of a district, 4710, 4838 38, 80 
 
 raised by taxes, 4703 
 
 to districts by township clerk, 4702 35 
 
 one-mill tax, 4705 36 
 
 primary school interest fund, 4642-4644 
 
 county clerk's duties, 4715 
 
 treasurer's duties, 4716 39 
 
 property on division of a district, 4657, 4658, 4838 16, 17, 80 
 
 tax assessed before and collected after division of districts, 4710 
 
 township treasurer's duties in relation to, 4703 35 
 
 ASSESSMENT OF TAXES: 
 
 (See Taxes.) 
 ASSESSOR: 
 
 acceptance of office, 4670, 4747 23, 51 
 
 a member of district board, 4671 
 
 board of inspection at election to vote bonds, 4717 
 
 and moderator to audit director's accounts, 4686 29 
 
 bond required, 4691 
 
 election and term of office of, 4666, 4746 22,50 
 
 may be removed from office, 4772 
 
 money paid to, from old district, 4706 
 
 penalty for neglecting duties, 4766 
 
 summons to be served on, in suits, 4722 42 
 
 to appear for district in suits, 4691 
 
 certify judgment against district to supervisor, 4724-4726 
 
 collect damages from township clerk or supervisor, 4771 
 
 keep record of receipts and expenditures, 4691 
 
 pay orders, legally drawn, from proper funds, 4691 
 
 report to district board receipts and disbursements, 4691 
 
 warrants on township treasurer payable to, 46S6 29 
 
 (See District Board; also Moneys.) 
 ASSOCIATION FOR ESTABLISHING LOAN-FUNDS: 
 
 articles of association, sec. 3, 4 102 
 
 may be given in evidence, sec. 7 104 
 
 classification of members, sec. 4 103 
 
 election of officers, sec. 6 , 103 
 
 funds of, sec. 5 103 
 
 manner of incorporation, sec. 2 102 
 
 number that may incorporate, sec. 1 102 
 
 officers of, sec. 4 103 
 
 ASSOCIATIONS: 
 
 teachers may form, 7730-7732 90 
 
 ASYLUMS: 
 
 for deaf, dumb and blind, con. prov., art. xiii, sec. 10 9 
 
 ATTACHMENT: 
 
 to enforce attendance in certain proceedings, 4732 45 
 
 ATTENDANCE: 
 
 of jurors and witnesses on certain proceedings, 4732, 4733 45 
 
 BALLOT: 
 
 election of officers to be by, 4666, 4717, 4746, 4824 22, 40, 50, 77 
 
 BLIND: 
 
 institution for, con. prov., art. xiii, sec. 10 
 
 BOARD, DISTRICT: 
 
 (See District Board.) 
 BOARD OF EDUCATION: 
 
 (See State Board of Education.) 
 BOARD OF INSPECTION: 
 
 at election, to vote on issuance of bonds, 4717 40 
 
 BOARD OF INSTRUCTION: 
 
 of State Normal School may grant certificates, 1817, 1818 94 
 
 BOARD OF LIBRARY COMMISSIONERS: 
 
 (See State Board of Library Commissioners.) 
 BOARD OF REGENTS: 
 
 of University, con. prov., art. xiii, sec. 7 
 
 BOARD OF SCHOOL EXAMINERS: 
 
 (See County Board of School Examiners.) 
 BOARD OF SCHOOL INSPECTORS: 
 
 (See Township Board of School Inspectors.) 
 
INDEX. 129 
 
 BOARD OF TRUSTEES IN GRADED SCHOOL DISTRICTS: PAGE 
 
 consent of, to be obtained to alteration in district, 4749 53 
 
 election and term of office of, 4746 50, 51 
 
 may establish day schools for the deaf, sec. 1 105 
 
 officers of, 4747 51 
 
 penalty for neglect of duties, 4801 65 
 
 powers and duties of, 4748, 4800 52, 65 
 
 publication of financial statement of district by, 4800 65 
 
 vacancy in, how filled, 4747 51 
 
 (See District Board; Graded School Districts; also, Township Districts.) 
 BOARD, TOWNSHIP: 
 
 (See Township Board.) 
 BOARDS: 
 
 when authorized to examine teachers, to collect fees, 4839 81 
 
 BOND: 
 
 liability of county treasurer on, 4735 46 
 
 of appellants from inspectors' action, 4744 49, 50 
 
 assessor, 4691 31 
 
 chairman of board of school inspectors, 4693 33 
 
 county commissioner of schools, 4809 / 69 
 
 treasurer of State board of education, 1822 95 
 
 township board of education, 4826 78 
 
 BONDS: 
 
 election to vote on issuance of, 4717 40 
 
 limitations of, 4717 40 
 
 may be issued for money borrowed, 4717 ' 40 
 
 pa'id by issuing further bonds, 4720 41 
 
 tax may be voted to redeem, 4719 41 
 
 BOOKS, LIBRARY: 
 
 (See Libraries.) 
 BOOKS OP RECORD: 
 (See Records.) 
 BOOKS, SCHOOL: 
 
 (See Text-books.) 
 BOUNDARIES OF DISTRICTS: 
 
 alterations in, 4653-4656 15, 16 
 
 described in first notice, 4647 t 13 
 
 map to be made showing, 4700 35 
 
 of graded school districts, 4749 53 
 
 township school districts, 4838 80 
 
 (See School Districts; also Township Board of School Inspectors.) 
 BUILDING COMMITTEE: 
 
 voters may appoint and prescribe duties, 4665 21 
 
 BUILDINGS: 
 
 (See Schoolhouses.) 
 BY-LAWS: 
 
 (See Regulations.) 
 CENSUS OF SCHOOL DISTRICTS: 
 
 time of taking not to be changed, 4659 17 
 
 when and how taken, 4687, 4S30 30 79 
 
 CENTRAL STATE NORMAL: 
 
 an act to establish, 1829-1831 97 98 
 
 CERTIFICATE: 
 
 of court in proceedings to obtain site, 4733 45 
 
 inspectors on establishing site, 4728 43 
 
 instruction in physiology, etc., to be filed by teacher, 4680 27 
 
 copy to be filed by director with township 
 
 clerk, 468 27 
 
 to supervisor, of taxes to be assessed, 4701, 4707, 4831 35, 37, 79 
 
 township clerk, of district taxes, 4675 24 
 
 CERTIFICATES OF QUALIFICATION TO TEACHERS: 
 
 fee to be paid on obtaining, 4839 81 
 
 given by county board of school examiners, 4812, 4813 70, 71 
 
 faculty of University, 4804 66 
 
 State board of education, 218, 1826, 1832, 1833 83, 96, 98, 99 
 
 Normal School, 1817, 1832 94, 98 
 
 grades of, and requisite qualifications to obtain, 481S 
 
 list of teachers having, to be furnished township clerk, 4815 
 
 necessity of having to entitle to pay, 4678 
 
 record of, to be kept by county commissioner of schools, 4815 
 
 renewal of by board of examiners, 4812 70 
 
 revocation or suspension of, 4804, 4814, 1817, 1818, 1826 66. 72, 94, 96 
 
 signed by commissioner and one member, 4812 70 
 
 two classes of third grade, 4813 71 
 
 CHAIRMAN: 
 
 of board of school inspectors, 4692 33 
 
 compensation of, 4848 
 
 duties relative to supervision of schools, 4816 
 
 to give bond, 4693 33 
 
 first meeting of district, 4647 13 
 
 penalty for neglect of duty, 4765 57 
 
 17 
 
130 INDEX. 
 
 CHAIRMAN Continued: PAGE 
 
 meeting, may arrest disorderly persons, 4664 
 
 be appointed in absence of moderator, 4665 20 
 
 to give oath to challenged voter, 4663 19 
 
 CHALLENGE: 
 
 of juror in proceedings to obtain site, 4732 45 
 
 voter at district meetings, 4663 19 
 
 CHILDREN: 
 
 census list of, 4687, 4830 30, 79 
 
 compulsory education of, 4847-4853 84-87 
 
 duties of police officers with respect to, 4848 85 
 
 (See Pupils.) 
 CLASSIFICATION OF PUPILS: 
 
 (See Pupils.) 
 CLERK: 
 
 of board of education, 4826 78 
 
 school inspectors, 4692, 4698 33, 34 
 
 county. (See County Clerk.) 
 
 district, director to be, 4686 29 
 
 township. (See Township Clerk.) 
 COLLECTION: 
 
 of damages for not reporting and assessing taxes, 4771 58 
 
 fines for injuring library books, 4755 55 
 
 institute fees from teachers, 4839 81 
 
 judgment against district, 4723-4727 42, 43 
 
 penalties, 4768, 4769, 4771, 4797, 4802 58, 64, 65 
 
 taxes, 4704-4713 36-39 
 
 COMMITTEE ON BUILDING: 
 
 voters may appoint and prescribe duties, 4665 21 
 
 COMMUNICABLE DISEASES: 
 
 teaching prevention of, 4796-4799 64 
 
 COMPENSATION: 
 
 for site determined by jury, 4733 45 
 
 of county commissioner, 4817 74 
 
 inspectors for meetings, limited, 4697 34 
 
 members of county board of school examiners, 4817 
 
 board of education of township, 4837 
 
 State board of education, 1825 
 
 officers and jurors in proceedings to obtain site, 4741 48 
 
 in school districts, 4665, 4748, 4837 20,52,80 
 
 teachers, 4878, 4748, 4830 25, 52, 79 
 
 township clerk, 2374 
 
 officers, 2374 
 
 truant officer, 4848 
 
 COMPULSORY EDUCATION: 
 
 age at which compulsory, 4847 
 
 children exempted, 4847 
 
 to be sent to reformatory institutions, 4853, 11766 86, 87 
 
 establishment of ungraded schools, 4850 
 
 incorrigible children in graded schools to be sent to ungraded, 4851 
 
 judge may suspend sentence in certain cases, 4853 
 
 length of time to be sent to school, 4847 
 
 penalty of parent or guardian for failure to comply with law, 4849 
 
 school boards to furnish books in certain cases, 4681 
 
 who are truants under this act, 4851, 11765 86, 87 
 
 CONDUCTOR: 
 
 of teachers' institutes, 4842 
 
 CONSOLIDATION OF DISTRICTS: 
 
 (See School Districts; also, Township Board of School Inspectors.) 
 CONSTITUTIONAL PROVISIONS: 
 
 Agricultural School, art. xiii, sec. 11 
 
 districts may be deprived of public moneys, art. xiii, sec. 5 
 
 escheats of lands to the State, art. xiii, sec. 3 
 
 finance and taxation, art. xiv, sec. 1 
 
 free schools to be maintained, art. xiii, sees. 4, 5 
 
 institutions for deaf, dumb and blind, art. xiii, sec. 10 
 
 libraries to be provided, art. xiii, sec. 12.... 
 
 regents of the University, art. xiii, sees. 6-S 
 
 school funds, art. xiii, sec. 2 
 
 State Board of Education, art. xiii, sec. 9 
 
 officers to be elected, art. viii, sec. 1 
 
 term of office, art. viii, sec. 2 
 
 vacancy in office, how filled, art. viii, sec. 3 
 
 where to keep offices, art. viii, sec. 1 
 
 CONTRACT: _ 
 
 with teachers, 4678, 4748, 4830 25, 52, 79 
 
 CORPORATE POWERS: 
 
 of association for establishing loan-funds, sec. 2 ly* 
 
 districts, 4652 
 
 State board of education, 1812 
 
 teachers' associations, 7732 
 
 CORPORATIONS : 
 
 teachers may form, 7730-7732 
 
INDEX. 131 
 
 COUNTY BOARD OF SCHOOL EXAMINERS: PAGE 
 
 compensation of members of, 4817 
 
 county clerk's duties in relation to election of, 4808 
 
 duties of county commissioner, 4815 72, 73 
 
 election and term of office of, 4808 . 68 
 
 file oaths of office, 4808 68 
 
 grades of certificates issued by, 4813 71, 72 
 
 may hold special meetings, 4811 69 
 
 suspend or revoke certificates, 4814 
 
 meetings for examination of teachers, 4811 69 
 
 schedule of meetings for special examinations to be published, 4811 70 
 
 to whom certificates may be granted, 4812 70- 
 
 vacancies in board, how filled, 4808, 4819 68,75 
 
 what schools exempt from supervision of, 4820 75 
 
 when officers in certain districts may examine teachers, 4820 75 
 
 (See Chairman of Board of Inspectors; also, County Commissioner of Schools.) 
 COUNTY CLERK: 
 
 duties in proceedings to obtain site, 4736, 4737 46, 47 
 
 relation to apportionment of moneys, 4715, 4761 39, 56- 
 
 distribution of laws, etc., sees. 32, 33 107 
 
 election of county commissioner of schools, 4809 69 
 
 school examiners, 4808 68 
 
 inspector's reports, 4715, 4769, '4829 39, 58, 79 
 
 to draw order on county treasurer for institute moneys, 4843 83 
 
 receive and dispose of communications, etc., sent by State superintendent, 
 
 4714 39 
 
 COUNTY COMMISSIONER OF SCHOOLS: 
 
 compensation of, 4817 74 
 
 distribution of laws, etc., sees. 32, 33 107 
 
 duties of, 4815 72, 73 
 
 counsel with teachers, 4815 73 
 
 examination of candidates for admission to Agricultural College, 
 
 4821, 4822 75, 76 
 
 examinations, hold, 4811 ... 69- 
 
 keep record of, 4815 12 
 
 prepare schedule of, 4811 70 
 
 file acceptance of office and bond, 4808 68 
 
 furnish list of teachers, 4815 73 
 
 receive annual reports, 4815 73 
 
 institute fees, 4815 72 
 
 instructions from superintendent of public instruction, 4815... 7? 
 
 election of, 4808 68 
 
 eligibility to office, 4810 69 
 
 expenses audited by board of supervisors, 4817 74 
 
 grant special certificates, 4813 71 
 
 may renew certificates, 4812 >..-, 70 
 
 not act as agent, 4818 75 
 
 shall sign certificates, 4832 70 
 
 vacancy in office of, 4819 75 
 
 visit schools, 4815 73 
 
 COUNTY INSTITUTES: 
 
 (See Teachers' Institutes.) 
 COUNTY TREASURER: 
 
 liability on bond, 4735 46 
 
 money for site deposited with, 4735, 4740 46, 48 
 
 statements of apportionment filed with, 4715, 4761 39, 56 
 
 to apply to State treasurer for certain moneys, 4716 39 
 
 apportion library moneys, 4762 57 
 
 notify township clerk and treasurer of moneys, 4716 39 
 
 pay teachers' institute fund on order of clerk, 4843 83 
 
 township treasurer township moneys, 4716 39 
 
 set apart institute fees as institute fund, 4840 82 
 
 vouchers for payment at teachers' institutes filed with, 4846 8? 
 
 COURSE OF STUDY: 
 
 Agricultural College, for district schools, 4791 63 
 
 to be prescribed for schools, 4680, 4748 . 26 52 
 
 COURSES OF STUDY: 
 
 uniformity of, in normal schools, 1832 98 
 
 CRIMES AND OFFENSES: 
 
 disturbing district meeting, 4664 19 
 
 school, 4682 27 
 
 illegal use of moneys, 1203 91 
 
 (See Penalties.) 
 DAMAGES: 
 
 to be collected from certain officers for neglect of duties, 4771 58 
 
 books in libraries, 4755 55 
 
 DAY SCHOOLS FOR THE DEAF: 
 
 duty of State treasurer in regard t, sees. 3, 4 
 
 shall be established, sec. 1 305 
 
 report to superintendent of public instruction, sec. 2 
 
 system to be used in, sec. 5 
 
 teachers employed, sec. 5 106 
 
 who may attend, sec. 6 106 
 
132 INDEX. 
 
 DEAF, DUMB AND BLIND: PAGE 
 
 institutions for, con. prov., art. xiii, sec. 10 9 
 
 DEED: 
 
 to schoolhouse site, 4673 23 
 
 DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE: 
 
 by assessor of district, 4691 32 
 
 director of district, 4686 29 
 
 superintendent of public instruction, 4645 12 
 
 DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION: 
 
 appointment and duties of, 4640 11 
 
 DIAGRAM: 
 
 (See Maps.) 
 DIPLOMAS: 
 
 to graduates of the State Normal School, 1317, 1818, 1832, 1833 94, 98 99 
 
 DIRECTOR: 
 
 acceptance of office, 4670, 4747 23,51 
 
 account of, 4686, 4748 29, 52 
 
 a member of district board, 4671 23 
 
 board of inspection, at election to issue bonds, 4717 40 
 
 and moderator to certify payments to supervisor, 4706 37 
 
 approve bond of assessor, 4691 31 
 
 execute bonds of district, 4718 41 
 
 appointment of, in case of vacancy, 4668 22 
 
 clerk in absence of, 4665 , 20 
 
 draw and sign warrants and orders, 4686 29 
 
 election and term of office of, 4666, 4747, 4824 22, 51. 77 
 
 file census list with township clerk, 4687 3 
 
 certificate of instruction in physiology, etc., with township clerk, 4680 27 
 
 give notices of meetings, 4686 29 
 
 have custody of schoolhouse and property, 4679 26 
 
 judgment certified to, by assessor, 4724 42 
 
 keep account of expenses, 4686 29 
 
 schoolhouse in repair, 4686 29 
 
 make reports to inspectors, 4689 
 
 may be removed by township board, 4772 59 
 
 notified of alterations in district, 4656 16 
 
 moneys to be apportioned, 4703 36 
 
 site fixed by inspectors, 4728 43 
 
 of fractional district, to whom to report, 4690 31 
 
 penalty for neglect to accept office, or perform duties, 4766 57 
 
 present estimates to ' annual meeting, 4686 -. 29 
 
 warrants and orders to moderator to be countersigned, 4686 29 
 
 provide appendages to schoolhouses, 4686 
 
 record acceptances of offices, 4670 23 
 
 notice of first meeting, 4647 13 
 
 of, relative to organization of districts, 4651 14 
 
 reports of, to be filed with township clerk, 4689 31 
 
 to be clerk of district, 4686, 4826 -. 29, 78 
 
 furnished with register of school, 4678 25 
 
 take annual school census, 4687 30 
 
 (See District Board.) 
 DISORDERLY PERSONS: 
 
 juvenile, who to constitute, 4851, 11765 86, 87 
 
 to be taken into custody, 4664 -. 19 
 
 DISTRIBUTION OF MONEYS: 
 
 (See Appointment.) 
 DISTRICTS, SCHOOL: 
 
 (See School Districts.) 
 DISTRICT BOARD: 
 
 acceptance of office by members, 4670, 4747, 4825 23, 51, 77 
 
 appointment to vacancy in, 4668, 4747, 4827 22,51,78 
 
 director to be clerk of, 4686, 4826 29, 78 
 
 election and terms of office of member, 4666, 4746, 4824 22, 51, 77 
 
 may admit non-resident pupils, 4684 
 
 appoint persons to take school census, 4687, 4830 30, 79 
 
 classify pupils, 4683, 4748 28, 52 
 
 determine certain matters when meeting fails, 4665, 4831 21, 79 
 
 donate or sell library books to township library, 4764 
 
 establish day schools for the deaf, sec. 1 105 
 
 fix rates of tuition to non-resident pupils, 4684 
 
 suspend or expel disorderly pupils, 4682 
 
 to apply for jury in suit to obtain site, 4729 
 
 moneys according to law, 4676 
 
 build, hire or purchase schoolhouse, 4673, 4830 23,79 
 
 call meetings of district, 4660 
 
 establish rules, etc., for school, 4682, 4830 27, 79 
 
 estimate amount for support of schools, 4674 
 
 have care of schoolhouse and property, 4679 26 
 
 management of district library, 4758, 4830 55, 79 
 
 hire teachers, 4678, 4748 25,52 
 
 make statement of finances to annual meeting, 4677, 4834 25, 80 
 
 not pay money to unqualified teachers, 4676 
 
 prescribe text-books and courses of study, 4680 
 
INDEX. 133 
 
 DISTRICT BOARD Continued: PAGE 
 
 provide for instruction in physiology, etc., 4680 26 
 
 kindergarten, 4792-4795 63 
 
 school, 4665 21 
 
 publish financial statement of district, 4800 65 
 
 purchase books for indigent children, 4681 27 
 
 necessary books, blanks, etc., 4672 23 
 
 or lease site for schoolhouse, 4673, 4830 23 79 
 
 United States flags, 4802 65 
 
 report taxes to be assessed, 4675 24 
 
 sell site or property of district when not needed, 4673 23 
 
 trustees in graded school districts, 4746-4749 50-53 
 
 township school districts, 4824 77 
 
 vacancy in, how filled, 4668, 4747, 4827 22 51 78 
 
 what to occasion, 4667 '.'..' ' 22 
 
 when may issue bonds, 4718 '' 41 
 
 to exclude public meetings from schoolhouse, 4679 '..'.'. 26 
 
 who are eligible to office in, 4669.. 
 
 to constitute, 4671, 4746, 4824 "93 *n 77 
 
 (See District Officers.) 
 DISTRICT LIBRARIES: 
 
 (See Libraries.) 
 DISTRICT MEETINGS: 
 
 annual, board to make financial report to, 4677 25 
 
 estimates of expenses to be presented to, 4686, 4834 29, 80 
 
 in case of failure, what board to determine, 4665, 4831 2l) 79 
 
 powers of, 4665, 4748 ; ... 20 21 52 
 
 when to be held, 4659, 4826 ' yf 73 
 
 challenging votes, 4663 '19 
 
 clerk and chairman may be appointed in absence of director and moderator, 
 
 4665, 4826 20, 78 
 
 director to give notice of, 4686 29 
 
 disorderly persons at, 4664 19 
 
 election of officers, 4666, 4746, 4824 22 50 77 
 
 formation of a new district, 4647, 4823 ' 13' 76 
 
 limit of taxes that may be voted, 4665, 4831 , \\.\\ 20' 79 
 
 may vote on issuance of bonds, 4717 ' 40 
 
 tax to pay money borrowed, 4719 , 41 
 
 moderator to preside, 4685 28 
 
 notice of, what to specify, 4660, 4661 18 
 
 proceedings to be recorded, 4686 29 
 
 special, may ba called, 4660 18 
 
 notice to indicate the business, 4660 18 
 
 to determine use of schoolhouse, 4679 26 
 
 direct sale of property, 4665 21 
 
 fill vacancy in district office, 4668 22 
 
 give directions regarding suits, 4665 21 
 
 voters at, when challenged, 4663 19 
 
 may designate site, 4728 ,'.,. 43 
 
 who are, 4662 18 
 
 DISTRICT OFFICERS: 
 
 acceptance of office, 4670, 4747, 4825 23 51 77 
 
 appointment of, 4668, 4747, 4826 22, 51, 78 
 
 compensation of, 4665, 4686, 4837 20 29 80 
 
 election and terms of office of, 4666, 4746, 4824 22, 50, 77 
 
 may be removed by township board, 4772 59 
 
 penalty for neglect to accept or perform duties, 4766 57 
 
 who are eligible to election to office, 4669 23 
 
 (See Assessor, Director, Moderator; also District Board.) 
 DISTRICT SCHOOLS: 
 
 (See Schools.) 
 DISTRICT TAXES: 
 (See Taxes.) 
 DISTURBING DISTRICT MEETING OR SCHOOL: 
 
 penalty for, 4664, 4682 . 19,27 
 
 DIVISION OF DISTRICT: 
 
 (See School Districts; also Township Board of Inspectors.) 
 DOG TAX, SURPLUS: 
 
 apportionment of, to. school districts, 5601 92 
 
 EDUCATION: 
 
 constitutional provisions, art. xiii, sees. 1-12 7-9 
 
 ELECTION: 
 
 if not held, inspectors to appoint officers, 4668, 4747 22, 51 
 
 of district officers, 4666, 4747, 4824 22, 51, 77 
 
 members of county boards of school examiners. 4808 '. 68 
 
 State Board of Education, con. prov., art. xiii, sec. 9 8 
 
 school inspectors, 2275, 2283 88, 89 
 
 State officers, con. prov., art. viii, sec. 1 7 
 
 regulations at election to vote on issuance of bonds, 4717 40 
 
 who are eligible to election to office, 4669 23 
 
 legal voters at elections. 4662 18 
 
134 INDEX. 
 
 ELECTORS: PAGE 
 
 who are qualified, 4662 18 
 
 ELIGIBILITY TO OFFICE: 
 
 in districts, 4669 23 
 
 EMPLOYMENT: 
 
 of officers, etc., 4748 52 
 
 persons to take school census, 4687 30 
 
 teachers, 4678, 4748, 4793, 4830 25, 52, 63, 79 
 
 ENGLISH LANGUAGE: 
 
 instruction to be conducted in, con. prov., art. xiii, sec. 4 8 
 
 ENUMERATION OF, CHILDREN: 
 
 (See Census.) 
 EQUALIZATION OF TAXES: 
 
 by supervisors, 4707 37 
 
 ESTIMATES: 
 
 of amounts to be raised by tax, 4674, 4686, 4831 24 29 79 
 
 EVIDENCE: 
 
 in proceedings to obtain site, 4729 43 
 
 of organization of district, 4651 14 
 
 regularity in proceedings to remove officers, 4772 59 
 
 EXAMINATIONS: 
 
 of applicants for admission to Agricultural College, 4821, 4822 75, 76 
 
 State certificates, 1826 96 
 
 inspectors' reports by county commissioner, 4815 73 
 
 proposed site by jury, 4733 45 
 
 teachers by county board of examiners, 4811, 4812, 4820 69, 70, 75 
 
 officers in certain districts, 4820 75 
 
 .State Board of Education, 1826 96 
 
 fees to be collected, 4839 81 
 
 meetings for, 4S11 69 
 
 questions for examination of teachers, 4812 70 
 
 EXAMINERS: 
 
 of teachers to collect fees, 4839 81 
 
 to pay fees to county treasurer, 4840 , 82 
 
 (See County Board of School Examiners.) 
 EXECUTION: 
 
 not to issue against school district, 4723 42 
 
 EXPENSES: 
 
 estimates of, to be presented at annual meeting, 4686, 4834 29, 80 
 
 incidental, estimated by board, 4674 24 
 
 of commissioner, how paid, 4817 74 
 
 limited 4817 74 
 
 director, how paid, 4686, 4748 29 52 
 
 inspectors, limited, 4697 34 
 
 State institute, how paid, 4845 83 
 
 teachers' institute, 4843 83 
 
 vouchers for, where filed, 4846 83 
 
 FEES: 
 
 collected by director and secretary, 4840 81 
 
 to be paid by teacher on obtaining certificate, 4839 81 
 
 FEMALES: 
 
 eligible to district offices, 4669 23 
 
 may vote at school district meetings, 4662 18 
 
 FINES: 
 
 for breach of penal laws, apportionment of, 4762 56 
 
 con. prov., art. xiii, sec. 12 9 
 
 damage clone to library books, 4755 55 
 
 disturbing district meeting, 4664 19 
 
 school, 4682 27 
 
 giving false information to census enumerator, 4688 30 
 
 on census enumerator for making false returns, 4688 31 
 
 (See penalties.) 
 FLAGS: 
 
 purchase of United States, 4802 65 
 
 FORFEITURES: 
 
 (See penalties.) 
 FORMATION: 
 
 of districts. (See School Districts; also Township Board of Inspectors.) 
 
 teachers' associations, 7730-7732 90 
 
 FORM OF OATH: 
 
 to challenged voter, 4663 19 
 
 FORMS FOR PROCEEDINGS (Appendix) : 
 
 of acceptance of office, No. 5 110 
 
 appointment of district officer by district board, No. 14 114 
 
 inspectors, No. 15 115 
 
 assessor's bond, No. 6 Ill 
 
 bond of chairman of board of inspectors, No. 13 114 
 
 certificate of inspectors on establishing site, No. 17 115 
 
 to township clerk of taxes, No. 12 113 
 
 supervisor of taxes, No. 22 117 
 
 contract for building schoolhouse, No. 25 119 
 
 with teacher, No. 26 120 
 
 deed to schoolhouse site, No. 23 118 
 
 lease to school district, No. 24 119 
 
INDEX. 
 
 FORMS FOR PROCEEDINGS (Appendix.) Continued: PAGE 
 
 notice of annual meeting. No. 7 Ill 
 
 first meeting in school district, No. 2 109 
 
 meeting of inspectors, No. 16 , 115 
 
 special meetings in district, No. 9 112 
 
 truancy, to parents or guardians in cities, No. 29 122 
 
 rural districts, No. 28 122 
 
 to director of alteration in district No. 4 110 
 
 moneys apportioned district. No. 21 117 
 
 inhabitant of formation of school district, No. 1 109 
 
 parents or guardians of juvenile disorderly persons, No. 31 123 
 
 township clerk of moneys to be apportioned. No. 19 116 
 
 treasurer of apportionment, No. 20 116 
 
 truant officer, No. 30 122 
 
 order upon assessor for payment, No. 10 112 
 
 request of voters for special meeting, No. 8 112 
 
 return of notice by inhabitants on formation of district, No. 3 110 
 
 teachers' register of school, No. 27 121 
 
 warrant on township treasurer for district moneys, No. 11 113 
 
 library moneys, No. 18 116 
 
 FRACTIONAL DISTRICTS: 
 
 (See School Districts; also, Township Board of Inspectors.) 
 FREE SCHOOLS: 
 
 to be provided, con. prov., art. xiii, sec. 4, 4823 8 77 
 
 FREE TEXT-BOOKS: 
 
 district board to advertise for proposals when authorized by district, 4777 61 
 
 estimate amount necessary to purchase, 4778 61 
 
 incur penalty for failure to comply with law, 4780 62 
 
 make conti act for furnishing, 4777 61 
 
 purchase when authorized, 4777. . .., 61 
 
 to vote on question of furnishing, 4776... 61 
 
 refusal to purchase, a misdemeanor, 4780 62 
 
 to be the property of the district, 4776 61 
 
 when director to purchase, 4779 62 
 
 FUNDS: 
 
 educational, con, prov., art. xiii, sees. 2, 3 7,8 
 
 for maintaining day schools for the deaf, sees. 3, 4 105 
 
 of association for establishing loan fund, sec. 5 103 
 
 library, con, prov., art. xiii, sec. 12 9 
 
 teachers' institute, 4840 81 
 
 (See Moneys.) 
 GRADED SCHOOL DISTRICTS: 
 
 annual meeting of, 4659 17 
 
 change to primary district, 4751 54 
 
 notice of intention to organize, 4746, 4750 50, 53 
 
 not limited to nine sections of land, 4749 53 
 
 officers to be elected by trustees, 4747 .- 51 
 
 publication of financial statement of, 4800 65 
 
 trustees, consent of, to be obtained to alteration in boundaries, 4749 53 
 
 election and term of office, 4746, 4750 50, 53 
 
 powers and duties of, 4747, 4748 51,52 
 
 two or more contiguous districts may organize, 4750 53 
 
 (See School Districts.) 
 GRADING: 
 
 of pupils in graded school districts, 4748 52 
 
 not prevented in any district, 4683 28 
 
 GRADES OF CERTIFICATES: 
 
 to teachers, 4813 71 
 
 HIGH SCHOOLS: 
 
 may be established in certain districts, 4748 52 
 
 (See Graded School Districts.) 
 INCIDENTAL EXPENSES: 
 
 estimated by district board, 4674 24 
 
 INDEBTEDNESS: 
 
 of districts, 4717 40 
 
 (See bonds.) ^ 
 INDIANS: 
 
 children of, when not included in census, 4687 30 
 
 INHABITANTS, TAXABLE: 
 
 (See Taxable Inhabitant.) 
 INSPECTION, BOARD OF: 
 
 (See Board of Inspection.) 
 INSPECTORS, BOAivJL) OF SCHOOL: 
 
 (See Township Board of School Inspectors.) 
 INSTITUTE: 
 
 (See Teachers' Institutes.) 
 INSTITUTIONS: 
 
 for deaf, dumb and blind, con. prov., art. xiii, sec. 10 9 
 
 INSTRUCTION: 
 
 Superintendent of Public Instruction to have supervision of, 4639-. 
 
 to be conducted in the English language, con. prov., art. xiii, sec. 4 8 
 
 INSURANCE MONEYS: 
 
 how used, 1828 97 
 
136 INDEX. 
 
 INTEREST: PAGE 
 
 on bonds limited, 4718 41 
 
 judgment against district, 4727 43 
 
 money lost by certain officers, 4768, 4769 58 
 
 State funds, apportionment of, by State Superintendent, 4642 11 
 
 for educational purposes, con. prov., art. xiii, sees. 2, 3 7,8 
 
 tax may be voted to pay, 4719 41 
 
 JOINT MEETINGS: 
 
 of township boards, 4743, 4838 49, 80 
 
 school inspectors, 4649 14 
 
 JUDGE OF PROBATE: 
 
 to participate in filling a vacancy in office of member of board of examiners, 4808. 68 
 JUDGMENTS: 
 
 against school districts, 4721-4727 42, 43 
 
 execution not to issue on, 4723 42 
 
 in proceedings to obtain site, 4734 46 
 
 taxes to pay, 4708 
 
 JURISDICTION: 
 
 in actions against districts, 4721 42 
 
 JURY: 
 
 in proceedings to obtain site, 4729-4733 , 43.45 
 
 JUVENILE DISORDERLY PERSONS: 
 
 commitment to reformatory, 4853 86 
 
 penalties imposed upon parents of, in certain cases, 4849 85 
 
 proceedings in case of, 4852 86 
 
 to be sent to ungraded schools, 4850, 4851 85, 86 
 
 who constitute, 4851, 11765 86, 87 
 
 KINDERGARTEN : 
 
 act to apply to other schools, 4795 63 
 
 children entitled to attend, 4794 63 
 
 duty of district board, 4792 f 63 
 
 qualifications of teachers, 4793 63 
 
 LAND: 
 
 proceedings to obtain, for schoolhouse site, 4729-4742 43-48 
 
 when not taxed for building schoolhouse, 4665 20 
 
 LAWS: 
 
 relative to schools to be published and furnished to officers, 4641 11 
 
 LAWS, DOCUMENTS AND REPORTS: 
 
 duty of commissioners in distributing, sees. 32, 33 107 
 
 county clerk in distributing, sees. 32, 33 107 
 
 LEASE: 
 
 of a schoolhouse site, 4673 23 
 
 LEGISLATURE: 
 
 to provide for agricultural school, con. prov., art. xiii, sec. 11 9 
 
 free schools, con. prov., art. xiii, sec. 4 8 
 
 libraries, con. prov., art. xiii, sec. 12 9 
 
 LIABILITIES: 
 
 assumed by township district, 4835 80 
 
 of board of inspectors for neglect, 4768 58 
 
 county clerk for neglect, 4769 58 
 
 district officers, to removal, 4772 59 
 
 parent for failure to send child to school, 4849 85 
 
 township clerk for neglect, 4768 58 
 
 supervisor for neglect, 4771 .' 59 
 
 (See Penalties.) 
 LIBRARIAN: 
 
 to be appointed, 4756 55 
 
 LIBRARIES: 
 
 books to be purchased for, by district board, 4754, 4830 55, 79 
 
 damages to books in, 4755 55 
 
 district board may donate or sell library books to township, 4764 
 
 fund for, apportionment of, 4761, 4762 56 
 
 expended by inspectors, to be accounted for to township board, 4696 34 
 
 forfeitures of , 4760 56 
 
 inspectors to apply for, 4754 55 
 
 penal fines to be applied to, con. prov., art. xiii, Hbc. 12 *. 9 
 
 State Superintendent to furnish statement of townships, etc., entitled 
 
 to, 4761 56 
 
 to be used for purchase of books, 4762 56 
 
 warrant on township treasurer for, 4712 39 
 
 when not to be forfeited, 4760 56 
 
 librarian of township, 4756 55 
 
 provisions respecting, 4752-4764 54-57 
 
 rules for, 4641, 4755 11, 55 
 
 school officers, etc., not to act as agents for books for, 4773 60 
 
 tax for support of, 4763 57 
 
 to be established, con. prov., art. xiii, sec. 12 9 
 
 township inspectors to report statistics of, 4759 56 
 
 what districts may establish, 4757 55 
 
 where kept, 4756 
 
 LIMIT OF INDEBTEDNESS: 
 
 (See Bonds.) 
 LIMIT OF TAXES: 
 
 (See Taxes.) 
 
INDEX. 137 
 
 MANAGEMENT OF SCHOOLS: PAGE 
 
 (See District Board; also Regulations.) 
 MAPS: 
 
 of township showing boundaries of districts. 4700 35 
 
 MEETINGS: 
 
 for election of school examiners, 4808 68 
 
 examination of teachers, 4811, 4812 69, 70 
 
 joint, of school inspectors, 4649, 4838 14,80 
 
 of board of education, 4826 78 
 
 inspectors, 4697 34 
 
 township boards, 4743 49 
 
 when schoolhouse used for public, 4679 26 
 
 (See District Meetings.) 
 MEMBERS: 
 
 of board of trustees, 4746, 4824 50, 77 
 
 county school examiners, 4808 68 
 
 district boards, 4671 23 
 
 State Board of Education, con. prov., art. xiil, sec. 9 8 
 
 township board of school inspectors, 4692, 2275 33, 88 
 
 MODERATOR: 
 
 acceptance of office by, 4670 23 
 
 a member of district board, 4671 23 
 
 and assessor to audit and pay directors' accounts, 4685 28 
 
 director to approve bond of assessor, 4691 31 
 
 appointment of, 4668 22 
 
 pro tern., at district meetings, 4665, 4826 20, 78 
 
 election and term of office, 4666, 4747 22, 51 
 
 may be removed by township board, 4772 59 
 
 penalty for neglect to accept office or perform duties, 4766 57 
 
 to bring suit on assessor's bond, 4685 28 
 
 countersign warrants and orders, 4685 28 
 
 give oath to challenged voter, 4663 19 
 
 preside and preserve order at district meetings, 4685 28 
 
 (See District Board.) 
 MONEYS: 
 
 accrued from one-mill tax, how used, 4705 36 
 
 apportionment by State Superintendent, 4642-4644 11,12 
 
 to districts by township clerk, 4702, 4703, 4831 35, 79 
 
 board to apply according to law, 4676 24 
 
 report to annual meeting receipts and disbursements, 4677, 4834 25, 80 
 
 collected on account of neglect of officers, 4770 58 
 
 assessor's bond, how applied, 4691 32 
 
 bond of chairman of board of inspectors, how applied, 4693 33 
 
 county treasurer to apply for and pay, 4716 39 
 
 apportion library moneys, 4761 56 
 
 districts entitled to receive, 4665, 4695, 4705 20, 34, 36 
 
 duties of township treasurer in collecting. 4704, 4708, 4713 36, 38, 39 
 
 paying, 4711, 4713, 4830 38, 3, 79 
 
 for payment for site deposited with county treasurer, 4735, 4740 46, 48 
 
 insurance, disposition of, 1828 97 
 
 library, apportionment of, .4762 56 
 
 derived from penal fines, con. prov., art. xiii, sec. 12 9 
 
 forfeiture of, 4760 56 
 
 inspectors to apply for, 4754 55 
 
 to be used for the purchase of books, 4762 57 
 
 treasurer of board in township district apply for, 4830 79 
 
 limitations as to borrowing of, 4717 40 
 
 may be borrowed in certain cases, 4674 24 
 
 not to be apportioned to districts employing unqualified teachers, 4695 34 
 
 diverted except by a two-thirds vote, 4676 24 
 
 paid to teacher not having certificate, 4676 24 
 
 used for sectarian schools, 4676 24 
 
 of a district, when divided to be apportioned, 4657, 4658, 4838 16, 17, 80 
 
 officer making illegal use of, to be removed, 4772 ' 59 
 
 orders for, 4686 29 
 
 paid by old to new districts, how applied, 4706 1 ... 37 
 
 pay for site, when deposited with county treasurer, 4735 46 
 
 payment of, to fractional districts, 4713 39 
 
 primary school interest fund, apportionment of, 4642, 4644, 4702, 4716 11,12,35,39 
 
 districts entitled to receive, 4665, 4695 21,34 
 
 how constituted, con. prov., art. xiii, sees. 2, 3 7, 8 
 
 to be used only for teachers' wages, 4676 24 
 
 when withheld from districts, con. prov., art. xiii, 
 
 sec. 5 8 
 
 public moneys, defined, 1197 90 
 
 how to be used, 1199 : 91 
 
 interest on, 1200 91 
 
 no consideration to be received by officer for deposit of, 1201 91 
 
 penalty for illegal payment of, 1204 91 
 
 not to exempt from prosecution under general law, 1203. 91 
 
 to be kept separate from all other funds, 1198, sec. 4 91, 105 
 
 raised by tax, how apportioned, 4703 35 
 
 18 
 
INDEX. 
 
 MONEYS Continued: PACK 
 
 report of receipts and disbursements of, by assessor, 4691 , i4 32 
 
 district board, 4677, 4834 25, 80 
 
 inspectors, 4696 34 
 
 school moneys to be paid next to township expenses, 4711 38 
 
 surplus of, may be appropriated to certain objects, 4665... 
 
 (See faxes.) 
 MONTH, SCHOOL: 
 
 of what to consist, 4678 oc 
 
 NAME: 
 
 and style of school district, 4652 -tr. 
 
 NEGLECT: 
 
 of county clerk to transmit reports, 4769 ro 
 
 district officers, 4766, 4801 57 t 
 
 inspectors in not reporting, 4768 \' m \ ' 58 
 
 parent or gtiardian to Send child to school, 4849 [. 
 
 supervisor and township clerk in regard to taxes, 4771 ., 53 
 
 taxable inhabitant to serve and return notice, 4765 
 
 township clerk to transmit report, 4768 co 
 
 NON-RESIDENT: 
 
 pupils, admission of, 4684 28 
 
 when may be attached to district, 4655 
 
 NORMAL SCHOOL: 
 
 (See State Normal School.) 
 NORMAL SCHOOL FUND: 
 
 origin of, 1823 95 
 
 who to have care of, 1824... 
 NORTHERN STATE NORMAL: 
 
 an act to establish, sees. 1-6 100 101 
 
 NOTICE: 
 
 by county treasurer of moneys apportioned, 4716 40 
 
 State Superintendent of apportionment, 4642. 4761 11, 56 
 
 supervisor to treasurer of taxes assessed, 4707-4709 37, 38 
 
 township board of proceedings to remove from office, 4772 59 
 
 clerk to supervisor of taxes, 4701, 4831 35, 79 
 
 on failure of new district to organize, 4648 13 
 
 treasurer of moneys in his hands, 4712, 4833 39, 80 
 
 in proceedings to obtain site, 4731 ' 44 
 
 of apportionment of moneys to districts, 4703 , 36 
 
 district meetings, 4661 18 
 
 first meeting of a new district, 4647, 4823 13, 75 
 
 formation of teachers' association, 7730 90 
 
 intention to vote on borrowing money, 4720 41 
 
 meeting for examination of teachers, 4811 69 
 
 of inspectors, 4653 15 
 
 to form fractional districts, 4649 14 
 
 to organize as a graded school district, 4746 50 
 
 meetings to be given by director, 4686 29 
 
 special meetings to indicate business, 4660 18 
 
 to directors of moneys to be apportioned, 4703 36 
 
 parent or guardian that child does not attend school, 4849 85 
 
 taxable inhabitant on formation of district, 4647 13 
 
 teacher of intention to revoke certificate, 4S14... 
 OATH: 
 
 by challenged voter at district meetings, 4663 19 
 
 if false, deemed perjury, 4663 19 
 
 of deputy superintendent of public instruction, 4640 11 
 
 of juror in proceedings to obtain site, 4733 45 
 
 members of board of school examiners, 4808, 4809 68, 69 
 
 to be made to correctness of census list, 4687 30 
 
 OFFICE: 
 
 acceptance of, to be filed, 4871, 4747, 4825 23, 51, 77 
 
 removal from, 4772 59 
 
 term of, district officers, 4666, 4746, 4824 22, 51, 77 
 
 inspectors, 2283 89 
 
 members of board of school examiners, 4808 68 
 
 State board of education, con. prov., art. xiii, sec. 9 
 
 library commissioners, sec. 1 104 
 
 Regents of the University, con. prov., art. xiii, sec 6 
 
 State officers, con. prov., art. xiii, sec. 1 
 
 trustees of association for establishing loan-funds, sec. 4 102 
 
 OFFICERS: 
 
 (See names of the several offices.) 
 OFFICIAL BONDS: 
 
 of assessors, 4691 
 
 chairman of board of inspectors, 4693, 4826 33, 78 
 
 county commissioner of schools, 4808, 4809 68, 69 
 
 ONE-MILL TAX: 
 
 assessment, collection and disposition of, 4705 
 
 how surplus may be applied, 4665 
 
 (See Taxes.) 
 ORDERS: 
 
 of inspectors upon township treasurer, 4754, 4830 55, 79 
 
INDEX. 139 
 
 ORDERS Con ,Uwit<l: PAC;K 
 
 on assessor, to be countersigned by moderator, 4685 28 
 
 drawn and signed by director, 4686 29 
 
 to be paid from proper funds, 4691 31 
 
 (See Warrants; also Moneys.) 
 ORGANIZATION: 
 
 of a new district, 4646-4651 12-14 
 
 graded school district, 4746-4751 50-54 
 
 township district, 4823-4838 76-81 
 
 (See School Districts; also, Township Board of Inspectors.) 
 PARENTS AND GUARDIANS: 
 
 entitled to vote, 4662 18 
 
 liability for not sending children to school, 4849 85 
 
 proceedings against, for failure to send children to school, 4852 86 
 
 required to send children to school, 4847 84 
 
 to be notified by truant officers, 4849 , 85 
 
 PENALTIES AND FORFEITURES: 
 
 for damages to library books, 4755 ; .. 55 
 
 illegal payment of public moneys, 1204 91 
 
 neglect to teach prevention of diseases, 4797 64 
 
 not purchasing U. S. flag, 4802 65 
 
 moneys collected for, how applied, 4770 58 
 
 on census enumerator for making false returns, 4688 31 
 
 county clerk for not transmitting reports, 4769 58 
 
 district for not maintaining certain length of school, 4665, 4705, 4830 21, 36, 79 
 
 three months' school, con. prov., art. xiii, sec. 5.. 
 
 officers for neglect to accept office or perform duties, 4766 57 
 
 not publishing financial statement, 4801 65 
 
 inspectors for not qualifying or neglecting duties, 4767 58 
 
 reporting, 4767 
 
 parent or guardian failing to send child to school, 4849 85 
 
 for giving false information to census enumerator, 4688.. 30 
 
 supervisor and clerk for neglect in regard to taxes, 4771 
 
 taxable inhabitant for neglect of duties in formation of district, 4765 57 
 
 township clerk, for neglect in transmitting reports, 4768 
 
 township board to remove certain officers, 4772 59 
 
 PERJURY: 
 
 false oath deemed, 4663 19 
 
 PHYSIOLOGY AND HYGIENE: 
 
 director to file copy of teachers' certificate of instruction with township clerk, 
 
 4680 27 
 
 penalty for failure of district board to comply with statute, 4680 27 
 
 teacher to certify whether instruction has been given in. 4680 27 
 
 text-books to be adopted by district board, 4680 26 
 
 approved by State Board of Education, 4680, 4775, 1827 26, 60, 97 
 
 to be taught by all public schools in the State, 4680 26 
 
 POLL-LIST: 
 
 to be kept when voting on issuance of bonds. 4717 40 
 
 POOR CHILDREN: 
 
 to be furnished with text-books, 4681 27 
 
 PRESIDENT: 
 
 of University, con. prov., art. xiii, sec. 8 8 
 
 PRIMARY SCHOOLS: 
 (See Schools.) 
 PRIMARY SCHOOL INTEREST FUND: 
 
 apportionment of, 4642 11 
 
 when deficiencies may be paid, 4644 12 
 
 reports are defective, 4643 11 
 
 to districts, 4702, 4830 35,79 
 
 constitutional provisions respecting, art, xiii, sees. 2, 3 7,8 
 
 county clerk's duties In relation to apportionment of. 4715 39 
 
 treasurer's duties in relation to apportionment of, 4716 39 
 
 school to be maintained certain time to secure, 4665 21 
 
 three months to secure, con. prov., art xiii, sec. 5 8 
 
 to be used only for teachers' wages, 4676... 24 
 PROCEEDINGS: 
 
 against school districts, 4721-4727 42, 43 
 
 for removal of officers, 4772 59 
 
 in case of incumbrances, 4739 48 
 
 to obtain site for schoolhouse, 4728-4742 43-4S 
 
 upon appeal from action of inspectors to township board, 4743-4745 49. 50 
 
 PROPERTY: 
 
 of district, care and preservation of, 4679, 4748 26, 52 
 
 disposition of, in forming township districts, 4835 80 
 
 sale of, may be directed by voters. 4665 21 
 
 when may be by inspectors, 4657 16 
 
 when district is divided, to be apportioned, 4657, 4658 16, 17 
 
 township is divided, to be apportioned, 4838 80 
 
 teachers' associations, 7731 90 
 
 PROSECUTION: 
 
 (See Actions, Proceedings; also Suits.) 
 PUBLIC INSTRUCTION: 
 
 (See Superintendent of Public Instruction.) 
 
140 INDEX. 
 
 PUBLIC MEETINGS: PAG* 
 
 when may be admitted to schoolhouse, 4679 26 
 
 PUBLIC MONEYS: 
 
 (See Moneys.) 
 PUBLICATION: 
 
 of financial statement by school board, 4800 65 
 
 PURCHASE: 
 
 of apparatus and appendages to schoolhouse, 4686 29 
 
 books for library, 4754 55 
 
 poor children, 4681 27 
 
 records of district, 4672 23 
 
 school site for schoolhouse, 4673, 4830 23, 7J 
 
 PUPILS: 
 
 admission of, to schools, 4683, 4684, 4748, 4794 28,52,63 
 
 Normal school, 1819 94 
 
 classification, 4683, 4748 28,52 
 
 tuition of non-resident, 4684 28 
 
 when may be suspended or expelled, 4682..'. 27 
 
 who may be, 4683 28 
 
 QUALIFICATIONS : 
 
 of voters at district meetings, 4662 18 
 
 QUESTIONS: 
 
 for examination of teachers, 4812 71 
 
 RECORD: 
 
 director to keep, of proceedings, 4647, 4686 13, 29 
 
 of acceptance of office, 4670 23 
 
 board of school examiners, 4815 72 
 
 certificates to teachers, 4815 72 
 
 consent of trustees to alter graded school district, 4749 53 
 
 director to be evidence of organization of district, 4651 14 
 
 inspectors, to be kept in office of township clerk, 4698, 4828 34, 79 
 
 proceedings of district meetings, 4672 23 
 
 pupils to be kept by teacher, 4678 * 25 
 
 removals from office, 4772 59 
 
 report of taxes to annual meeting, 4677, 4834 , 25 80 
 
 REGENTS: 
 
 of the University, con. prov., art. xiii. sees. 6, 7 g 
 
 REGISTER: 
 
 of school to be kept by teacher, 4678 25 
 
 REGULATIONS: 
 
 .at election to vote on issuance of bonds, 4717 ... 40 
 
 for government of schools, 4682, 4830 27 79 
 
 libraries, 4755 
 
 REMOVAL: 
 
 from district to vacate office, 4667 22 
 
 of house from leased site, 4673 23 
 
 officers by township board, 4772 59 
 
 in graded school districts, 4747 
 
 REPAIRS: 
 
 (See Schoolhouses.) 
 REPORT: 
 
 liability of officers for failing to report, 4768, 4769 58 
 
 of academies, etc., 4803 65 
 
 board to annual meeting, 4677, 4834 25, 80 
 
 chairman of board of school inspectors, 4816 73 
 
 county commissioner of schools, 4815 73 
 
 director, how treated if false, 4695 31 
 
 to inspectors, 4689 34 
 
 whom made in fractional districts, 4690 31 
 
 where filed, 4698 34 
 
 inspectors, county clerks' duties in relation to, 4715 39 
 
 to county clerks, 4694, 4759, 4829 33, 55, 79 
 
 township board of finances, 4696, 4834 34, go 
 
 State board of education, 1821 95 
 
 Superintendent of Public Instruction, 4639 10 
 
 publication and distribution of sees. 11 
 
 32, 33 106, 107 
 
 supervisor to township treasurer of taxes, assessed, 4708 38 
 
 township clerk, of taxes, 4701, 4831 35, 79 
 
 to treasurer and directors of moneys, 4702, 4703... 35 
 REQUEST: 
 
 to call special meetings, 4660, 4828 18 73 
 
 RESIDENTS: 
 
 ceasing to be, vacates office, 4667 22 
 
 exceptions of, in school census, 4687 30 
 
 notified of first meeting in a new district, 4647 13 
 
 petition for organization of new district, change from, 4823 
 
 qualifications of, to vote at district meetings, 4662 4 18 
 
 rights of, to attend school, 4683 28 
 
 RETURN: 
 
 of notice of first meeting on organization of district, 4647 13 
 
 REVOCATION OF TEACHERS' CERTIFICATE: 
 
 by board of school examiners, 4814 '. 72 
 
 State Board of Education, 1817, 1818, 1826 '... 94,96 
 
INDEX. 141 
 
 RULES: PAGE 
 
 (See Regulations.) 
 SALE OF PROPERTY: 
 
 directed by district, 4665 20 
 
 when by district board, 4673 23 
 
 inspectors, 4657 16 
 
 SCHOLARS: 
 
 (See Pupils.) 
 SCHOOL: 
 
 admisssion of non-resident pupils to, 4684 28 
 
 resident pupils to, 4683 28 
 
 agricultural, to be provided for, con. prov., art. xiii, sec. 11 9 
 
 board to establish regulations for, 4682, 4830 27, 79 
 
 prescribe text-books, 4680 26 
 
 provide for minimum length of time of, 4665, 4830 21, 79 
 
 examination of, 4815 73 
 
 may be graded, 4683, 4748 28, 52 
 
 not to be sectarian, 4676 24 
 
 separated on account of race, 4683 28 
 
 penalty for disturbing, 4682 27 
 
 register of, to be kept by teachers, 4678 25 
 
 statistics of, to be reported by director, 4689 31 
 
 support of, taxes to be estimated and voted by board, 4674, 4831 24, 79 
 
 suspension or expulsion of pupils from, 4682 27 
 
 time necessary to be maintained, 4665, 4705, 4830 ......21, 36, 79 
 
 to be free, con. prov., art. xiii, sec. 4, 4823 g f 77 
 
 maintained at least three months, con. prov., art. xiii, sec. 5 8 
 
 training, in connection with State Normal, 1816 93 
 
 ungraded, to be established in certain cases, 4850 & 
 
 visitation and examination of, 4815 
 
 SCHOOL BOARD: 
 
 (See District Board.) 
 SCHOOL BOOKS: 
 
 (See Text-books.) 
 SCHOOL CENSUS: 
 
 time of taking, not to be changed, 4659 17 
 
 when and how taken, 4687 30 
 
 SCHOOL DISTRICTS: 
 
 alterations in, to be reported to director, 4656 16 
 
 when consent of taxpayers to be obtained, 4654 15 
 
 annual report of, 4677, 4834 25,80 
 
 appeal from inspector's action in forming, dividing, or consolidating of, 4743-4745.. 49, 50 
 
 change from primary to graded, 4751 54 
 
 corporate powers of, 4652 14 
 
 division of property in forming new from old, 4657 16 
 
 formation of, 4646-4651 12-14 
 
 fractional, formation of, 4649 14 
 
 judgments against, 4726 42 
 
 levying and collecting taxes in, 4707 37 
 
 graded school districts, 4746-4751 50-54 
 
 maps showing boundaries to be made, 4700 35 
 
 may borrow money in certain cases, 4674 24 
 
 to pay indebtedness, 4720 41 
 
 vote to pay money borrowed, 4720 41 
 
 meetings of, 4659-4665, 4826 17-21, 78 
 
 moneys to be apportioned to, 4702, 4703 35 
 
 when paid by old to new, 4706 37 
 
 name and style of, 4652 15 
 
 suits and judgments, 4721-4727 42, 43 
 
 to be numbered by inspectors, 4646 12 
 
 contain no more than nine sections of land, 4646 12 
 
 not receive mpneys when employing unqualified teachers, 4695 34 
 
 township organization of, 4823-4838 76-81 
 
 what districts may organize as graded, 4746, 4750 . 50, 53 
 
 when deemed legally organized, 4650 14 
 
 persons outside may be attached, 4655 16 
 
 who to appear in suits for or against, 4691 32 
 
 (See District Meetings; also Voters.) 
 SCHOOL EXAMINERS: 
 
 (See County Board of School Examiners.) 
 SCHOOL FUNDS: 
 
 (See Moneys.) 
 SCHOOLHOUSES: 
 
 appendages to, district to vote tax for, 4665 20 
 
 director to provide, 4686 29 
 
 board to procure, 4673, 4830 23, 79 
 
 bonds may be issued to build, 4717 40 
 
 building committee may be appointed to supervise building of, 4665 21 
 
 district to direct the procuring of, 4665 20 
 
 limitation of indebtedness to build, 4717 40 
 
 repairs to, 4665 20 
 
 site for, to be purchased or leased, 4665, 4673, 4830 20, 23, 79 
 
142 INDEX. 
 
 SCHOOLHOUSES Continued: PAGE 
 
 tax for building, limited, 4665, 4831 20. 79 
 
 repairing, limited, 4665. 
 
 to be in care of district board, 4679 
 
 when certain persons not liable to tax for building, 4655 16 
 
 land not taxed for building, 4665 20 
 
 not needed may be sold, 4657. 4665, 4673 16, 21, 23 
 
 opened or closed to public meetings, 4679 26 
 
 SCHOOLHOUSE SITES: 
 
 (See Sites for Schoolhouses.) 
 SHOOL INSPECTORS: 
 
 (See Township Board of School Inspectors.) 
 SCHOOL LAWS: 
 
 to be published, 4641 11 
 
 SCHOOL MONEYS: 
 
 (See Moneys.) 
 SCHOOL MONTH: 
 
 of what to consist, 4678 25 
 
 SCHOOL PROPERTY: 
 
 (See Property.) 
 SCHOOL TAXES: 
 
 (See Taxes.) 
 SCHOOL TEACHERS: 
 
 (See Teachers.) 
 SCHOOL YEAR: 
 
 when to commence, 4659 17 
 
 SECTARIAN SCHOOLS: 
 
 not to receive public moneys, 4676 24 
 
 SHERIFF: 
 
 to remove respondent from school property, 4737 47 
 
 SITES FOR SCHOOLHOUSES: 
 
 board to purchase or lease, 4673, 4830 23, 79 
 
 claims against settled by circuit judge, 4739 48 
 
 compensation for, how determined in certain cases, 4733 45 
 
 how designated, 4728 43 
 
 issuance o'f bonds for purchase of, 4717 40 
 
 lease or purchase of, 4665, 4673, 4830 20, 23, 79 
 
 notice of meeting to change, 4661 18 
 
 proceedings to obtain, 4728-4742 43-48 
 
 to be selected by a two-thirds vote, 4728 43 
 
 voters to direct the procuring of, 466o 20 
 
 when not needed may be sold, 4657, 4673 16, 23 
 
 SPECIAL MEETINGS: 
 
 (See District Meetings.) 
 STATE BOARD OF EDUCATION: 
 
 a body politic, 1812 92 
 
 constitutional provision for, art. xiii, sec. 9 
 
 make report to legislature, 1821 95 
 
 may refuse to accept diplomas from certain colleges, 4807 67 
 
 member of, not to act as agent, 1815 93 
 
 powers and duties, 1812-1833, sees. 1-6 92-101 
 
 in regard to Central Michigan Normal School, 1829-1831 97, 98 
 
 Northern State Normal, sees. 1-6 100,101 
 
 State Normal School, 1814-1822 93-95 
 
 to grant certificates to graduates of colleges, 4805 66 
 
 for elementary and rural schools, 1833 99 
 
 diplomas to graduates of State Normal School, 1817, 1818, 1833 94, 99 
 
 State certificates to teachers, 1826 96 
 
 STATE BOARD OF HEALTH: 
 
 furnish data regarding communicable diseases, 4796 64 
 
 STATE BOARD OF LIBRARY COMMISSIONERS: 
 
 appointment and term of office of members, sec. 1 104 
 
 duties of, sec. 2 104 
 
 libraries, in regard to sec. 3 104 
 
 expenses of, limited, sec. 4 
 
 fund for use of, sec. 5 105 
 
 report of, sec. 2 104 
 
 vacancies in, how filled, sec. vl 104 
 
 who to constitute, sec. 1 , 104 
 
 STATE CERTIFICATES: 
 
 when granted by State Board of Education, 1826 96 
 
 to graduates of certain colleges, 4805 66 
 
 State Normal School, 1817, 1818, 1833 94, 99 
 
 STATE INSTITUTIONS OF EDUCATIONAL CHARACTER: 
 
 to be under supervision of State Superintendent, 4639 10 
 
 STATE NORMAL SCHOOL: 
 
 an act to change name, sec. 1 100 
 
 diplomas and certificates to graduates of, 1817, 1818, 1833 94, 99 
 
 professional instruction in, 1S14 93 
 
 to be under care of State Board of Education, con. prov., article xiii, sec. 9 9 
 
 training school in, 1816 93 
 
 STATE OFFICERS: 
 
 election and term of office of, etc., con. prov., art. viii, sees. 1-3 7 
 
INDEX. 
 
 STATE TEACHERS' INSTITUTE: PA ':J 
 
 expenses of, how paid, 4845 .................................................................. 
 
 to be held annually, 4845 .................................................................... 
 
 STATEMENT: 
 
 (See Notices; also Reports.) 
 STATE UNIVERSITY: 
 
 diplomas and certificates to graduates, 4804 .............................................. 
 
 STUDIES: 
 
 to be prescribed, 4680 ............................................................... ' ......... 
 
 and' judgments against districts, 4721-4727 ................................................ 42, 43 
 
 assessor to appear for district, 4691 ....................................................... 
 
 directions given by meeting in regard to, 4665 ............................................ 
 
 for collection of penalties etc., 4769, 4772 .................................................. 58, 59 
 
 jurisdiction of justices in, 4721 .................. ...... .... .................................. 
 
 may be brought for or against school districts, 46o2 .................................. 
 
 not brought to collect judgment, 4723 ...................................................... 
 
 on assessors' bond, 4691 ........ . ............................................................. 
 
 bond of chairman of board of inspectors, 4693 ........................................ 
 
 summons in, served on assessor, 4722 ........... . . ......................................... 
 
 when moderator may appear in for district, 4691 ......................................... 
 
 (See Action, Judgments; also Proceedings.) 
 SUPERINTENDENT OF PUBLIC INSTRUCTION: 
 
 duties of, con. prov., art. xiii, sec. 1 ........ .............................................. 
 
 relative to apportionment of primary school moneys, 4642, 4644 ......... 11,12 
 
 election and term of office of, con. prov., art. viii, sees.. 1, 2 ........... .............. 7 
 
 may appoint conductors of teachers' institutes, 4842 ................................... 
 
 to appoint a deputy, 4640 .......................................................... ......... . 11 
 
 be a member and secretary of State Board of Education, con. prov., art. xiii, 
 sec. 9 ................................................................................ .... 9 
 
 deliver official books, etc., to successor, 4645 ......................................... 
 
 draw on State treasurer for expenses of State teachers' institute, 4845 ........ 
 
 have general supervision of public instruction, 4639 ................................ 10 
 
 hold county teachers' institutes annually, 4841 ....................................... 82 
 
 make annual reports to legislature, 4639 ............................................... 10 
 
 prepare questions for examination of teachers, 4812 ...... . ......................... 71 
 
 prescribe forms of teachers' certificates, 4812 ....................................... 70 
 
 rules for boards of school examiners, 4813 .................... 71 
 
 publication and distribution of report, sees. 11, 32, 33 ....... 106, 107 
 
 publish and transmit laws and forms to officers, 4641 .............................. 11 
 
 receive report from all incorporated academies. 4803 .............................. 65 
 
 send examination questions to examining officers, 4812 ............................ 71 
 
 visit State institutions, etc., 4689 ...................................................... 10 
 
 vacancy in office, how filled, con. prov., art. viii, sec. 3 ............................... 7 
 
 when may draw on State Treasurer for aid to teachers' institutes, 4844 ........... 83 
 
 where office shall be kept, con. prov., art. viii, sec. 1 .................................. 7 
 
 SUPERVISION OF SCHOOLS: 
 
 (See County Board of School Examiners; also Chairman of Board of In- 
 
 spectors.) 
 SUPERVISOR: 
 
 certiiying and levying of taxes in fractional districts, 4707 ............................ 37 
 
 equalization of taxes, 4707 .................................................................. 37 
 
 liable ?or not assessing taxes, 4771 .......................................................... 59 
 
 map of township to be filed with. 4700 ..................................................... 35 
 
 to assess judgment against school district, 4727 .......................................... 43 
 
 one mill tax, 4705 ................................................................. 36 
 
 school taxes, 4704, 4831 ............................................................ 36, 79 
 
 deliver warrant for collection of taxes to township treasurer, 4708 .............. 38 
 
 township clerk to certify taxes to, 4701, 4831 ................................... . ......... 35, 79 
 
 (See Taxes.) 
 SURPLUS OF DOG TAX: 
 
 how apportioned, 5601 ................................ 92 
 
 SURPLUS OF SCHOOL MONEY: 
 
 how may be appropriated, 4665 ............... 21 
 
 SUSPENSION: 
 
 of pupils from school, 4682 .................................................................. 27 
 
 teachers' certificates, 4814 .............................................................. 72 
 
 TAXABLE INHABITANTS: 
 
 duties in relation to formation of district, 4647 ......................................... 13 
 
 penalty for neglect of duty, 4765 .......................................................... 57 
 
 TAXES: 
 
 apportionment of surplus dog tax, 5601 .................................................. 92 
 
 when district is divided, 4710, 4838 .................................. 38, 80 
 
 assessed upon division of district, 4701 ................................................... 35 
 
 assessment of, 4704, 4705, 4836 ............................................................... 36, 80 
 
 certifying of, in fractional district, 4707 .................................................. 37 
 
 duties of township treasurer relative to collection of, 4704, 4709 ...................... 36, 38 
 
 equalization of, 4707 ......................................................................... 37 
 
 estimated and reported by district board, 4674, 4831 ...... ............................. 24,79 
 
 failing to be assessed, to be levied the next year, 4704 ............................... 36 
 
 for apparatus and appendages to schoolhouse, 4665 .................................... 20 
 
 books for indigent children, 4681 ...................................................... 27 
 
 building schoolhouse or purchase of site, 4665 ............................... 20 
 
144 INDEX, 
 
 TAXES Continued: PAGE 
 
 Incidental expenses, 4674 .............................................................. 24 
 
 judgment against district, 4727 ........................................................ 43 
 
 libraries, 4763 .......................................................................... 67 
 
 repairs to schoolhouse, 4665 ............................. .............................. 20 
 
 school purposes to be paid next to township expenses, 4711 ..................... 38 
 
 State expenses, con. prov., art. xiv, sec. 1 .......................................... 9 
 
 in township before any school is maintained, 4705 .................................... 36 
 
 limit of, for certain purposes, 4665, 4831 .................................................. 20, 79 
 
 support of the school, 4674 ................................................. 24 
 
 moneys raised by, not to be diverted, 4676 ............................................. 24 
 
 non-tax-payers not to vote on questions involving taxation, 4662 ................... 18 
 
 one-mill, assessment, collection and disposition of. 4705 ............................... 36 
 
 how surplus may be applied, 4665 .............................................. 21 
 
 on old district for new, 4706 ................................................................ 37 
 
 report of, by board to township clerk, 4675 .............................................. 24 
 
 township clerk to supervisor, 4701, 4831 ................................. 35,79 
 
 school, in separate column, 4832 .......................................................... 80 
 
 specific, con. prov., art. xiv, sec. 1 ......................................................... 9 
 
 supervisor to assess, 4704, 4705, 4831 ........................................................ 36, 79 
 
 liability of, for not assessing, 4771 ........................................... 59 
 
 to pay money borrowed, 4719 .............................................................. 
 
 township treasurer to pay to other treasurer, 4713, 4833 .............................. 39,80 
 
 warrant for collection of, 4708 ............................................................ 
 
 what land exempt from, for building schoolhouse, 4665 ................................ 
 
 when collected, how apportioned, 4703 .................................................... 
 
 reported to supervisor, 4701, 4831 ................................................... 35, 79 
 
 who may vote on questions involving taxation, 4662 .................................. 18 
 
 (See Moneys; also Supervisor.) 
 TEACHERS: 
 certificates, fees to be paid on obtaining, 4839 ............................................ 
 
 given by county board of school examiners, 4812 ........................ 70 
 
 faculty of University, 4804 ........................................ 66 
 
 State Board of Education, 1826 .................................. 96 
 
 graduates of certain colleges, 
 
 4805-4807 ......................... 66, 67 
 
 Normal School, 1817, 1818, 1833 ............................ 94, 99 
 
 grades of, and qualifications necessary to obtain, 4813 .................. 71 
 
 necessity of having, to entitle teacher to pay, 4676 ....................... 24 
 
 record of, to be kept, 4815 ................................................... 72 
 
 revocation or suspension of, 4804, 4814, 1817, 1818, 1826 ................. 66, 72, 94, 96 
 
 close school to attend institute, 4842 ____ ................................................. 82 
 
 contracts with, 4678, 4748 .................................................................... 25, 52 
 
 employment of, 4678, 4748, 4830 ............................................................. 25, 52, 79 
 
 in day schools for the deaf, sec. 5 .................................... 106 
 
 examination of, by county board of examiners, 4811, 4812 .............................. 69, 70 
 
 State Board of Education, 1826 .................................... 96 
 
 give instruction regarding prevention of communicable diseases, 4796 ............. 64 
 
 list of, to be furnished township clerk, 4815 ............................................ . 73 
 
 examined by inspectors, 4695 ............................................ 34 
 
 not to act as agent for school books and furniture, 4773 ............................. 60 
 
 apply in certain districts, 4774 ..................................................... 60 
 
 public money not to be paid to, without holding certificates, 4676 .................. 
 
 qualifications of, 4793 ........................................................................ 
 
 to be furnished with copy of contract, 4678 .............. .............................. 
 
 file certificate of instruction in physiology, etc., with director, 4680 ............ 
 
 keep school register, 4678 ............................................................... 25 
 
 TEACHERS' ASSOCIATIONS: 
 
 formation and incorporation of, 7730-7732 ................................................ 90 
 
 TEACHERS' INSTITUTES: 
 
 aid from State Treasurer to, 4844 ......................................................... 
 
 annual institute in each county, 4841 ........................ .. ............................ 
 
 conductor of, may be appointed, 4842 .................................................... 
 
 counties may be united in, 4841 ........................................................... 
 
 expenses of, how paid, 4843 ................................................................ 
 
 vouchers for, where filed, 4846 .................................................. 
 
 funds for support of, how raised, 4839, 4840 .............................................. 81, 82 
 
 State institute, expenses of, paid from State Treasury, 4845 ......................... 
 
 to be held annually, 4845 ................................................ 
 
 teachers may close school to attend, 4842 ............................................... 
 
 TERM OF OFFICE: 
 
 of district officers, 4666. 4746, 4824 .......................................................... 22, 50, 77 
 
 members of board of school examiners, 4808 ........................................ 
 
 State Board of Education, con. prov., art. xiii, sec. 9 ............. 
 
 Regents of the University, con. prov., art. xiii, sec. 6 ............................ 
 
 State officers, con. prov., art. viii, sec. 2 ............................................ < 
 
 township officers, 2283, 4824 ............................................................. 89, 1 7 
 
 district board to advertise for proposals when authorized by district, 4777 ........ 
 
 estimate amount necessary to purchase, 4778 ....................... 
 
 incur penalty for failure to comply with the law, 4780 ........... 
 
 make contract for furnishing, 4777 ................................... 
 
 purchase when authorized, 4775, 4776 ................................ 60, 61 
 
INDEX. 145 
 
 TEXT-BOOKS Con tinned: PAGE 
 
 to vote on question of furnishing, 4776 61 
 
 on physiology and hygiene to be approved by State Board of Education, 4680, 
 
 1827 26,97 
 
 to be furnished to indigent children, 4681 
 
 prescribed by district board, 4680 26 
 
 the property of the district, 4776 
 
 when board to purchase, 4779 62 
 
 TOWNSHIP BOARD: 
 
 duties of, in case of appeal from inspector's action, 4743-4745 49, 50 
 
 may remove certain officers, 4772 
 
 to allow accounts of inspectors, 469fi 34 
 
 TOWNSHIP BOARD OF SCHOOL INSPECTORS: 
 
 appeal from action of, to township board, 4743-4745 49, 50 
 
 chairman and clerk of, 4692 
 
 to be treasurer of, and give bond, 4693 
 
 clerk of, to notify directors of alteration in district, 4656 16 
 
 taxable inhabitant of formation of district, 4647 
 
 compensation of, 2374 89 
 
 director to report to, 4689 
 
 duties of, concerning libraries, 4752-4764 54-57 
 
 in forming fractional districts, 4649 
 
 liability for neglect to report, 4768 
 
 library money, subject to order of, 4711, 4830 38,79 
 
 may attach certain non-residents, 4655 16 
 
 member of, may be removed by township board, 4772 59 
 
 notice and number of meetings, 4653, 4697, 4828 15,34,78 
 
 on determining site to certify to directors, 4728 43 
 
 penalty for neglect to qualify or perform duties, 4767 58 
 
 records of, kept in office of township clerk, 4698 34 
 
 reports, abstracts of, 4639 10 
 
 examination of, by county commissioner of schools, 4815 73 
 
 to be made in triplicate, 4694 33 
 
 restricted in altering boundaries of graded school districts, 4749 53 
 
 tax determined upon division of a district, 4657 16 
 
 to account to township board for funds received and disbursed, 4696 34 
 
 apply for library moneys, 4754, 4830 55, 79 
 
 alter boundaries of districts, 4646, 4654 12, 15 
 
 apportion property on division of a district, 4657, 4658, 4838 16, 17, 80 
 
 certify facts relating to employment of unqualified teachers, 4695 34 
 
 divide township into school districts, 4646 12 
 
 examine list of teachers before reporting to county clerk, 4695 34 
 
 have care of township library, 4755 55 
 
 number districts, 4646 12 
 
 to purchase books for township library, 4754, 4830 55 79 
 
 township clerk to transmit reports of, to county commissioner of schools, 4694.. 33 
 
 when may appoint district officers, 4668, 4717 22,51 
 
 attach persons to districts, 4655 16 
 
 sell schoolhouse site, 4657 16 
 
 to determine site, 4728, 4830 43, 79 
 
 who to constitute board, 4692, 4829 , 33 79 
 
 TOWNSHIP CLERK: 
 
 a member and clerk of board of inspectors, 4692, 4698, 4826 33, 34, 78 
 
 compensation of, 2374 89 
 
 duties of, as inspector, 4698, 4826 34, 78 
 
 election of, 2275 88 
 
 liability for neglect in transmitting reports, 4768 58 
 
 not reporting taxes to supervisor, 4771 58 
 
 to apportion moneys to districts, 4702, 4703 35 
 
 approve and file bond of chairman of board of inspectors, 4693 33 
 
 bond of appellants from inspector's action, 4744 49 
 
 be furnished with list of teachers, 4815, 4834 73, 80 
 
 bring suit on bond of chairman of board of inspectors, 4693 33 
 
 certify taxes to supervisor, 4701, 4831 35,79 
 
 draw books for township officers, sec. 33 107 
 
 file map of township with supervisor, 4700 35 
 
 forward inspector's reports to county commissioner of schools, 4694 33 
 
 give notice of formation of new districts, 4647, 4648, 4823 13,76 
 
 meeting of inspectors, 4653 15 
 
 to directors of moneys apportioned, 4703 35 
 
 keep records, reports, books, etc., on file, 4698, 4834 34, 80 
 
 make map of township showing boundaries of districts, 4700 35 
 
 not act on township board in case of appeal from inspectors, 4745 50 
 
 notify county clerk of chairman of board of inspectors, 4699 34 
 
 director of alterations in district, 4656 16 
 
 record order for removal of officer, 4772 59 
 
 proceedings of board of inspectors, 4698 34 
 
 receive and dispose of communications, 4698 34 
 
 report taxes to supervisor, 4701, 4831 35, 79 
 
 transmit to county commissioner of schools reports of inspectors, 4694 33 
 
 (See Township Board of School Inspectors.) 
 TOWNSHIP SCHOOL INSPECTORS: 
 
 (See Township Board of School Inspectors.) 
 
 19 
 
146 INDEX. 
 
 TOWNSHIP DISTRICT: PAGE 
 
 amount of tax voted, 4831 
 
 board, compensation, 4837 
 
 duties of, 4830 
 
 meeting of, time and place, 4826, 4828 
 
 officers of, 4824 
 
 report of, 483* 
 
 disposition of property, 4835 80 
 
 division of district, 4838 80 
 
 organization of, 4823-4838 76-81 
 
 TOWNSHIP LIBRARY: 
 
 (See Libraries.) 
 
 TOWNSHIP TREASURER: 
 
 duties in relation to taxes in fractional districts, 4709, 4713 38,39 
 
 election of, 2275 88 
 
 to apply to county treasurer for moneys, 4712 39 
 
 give notice to township clerk of moneys, 4712, 4713 39 
 
 hold moneys subject to proper orders and warrants, 4711, 4830 38, 79 
 
 pay library moneys to inspectors, 4754, 4826, 4830 55,78,79 
 
 school taxes next to township expenses, 4711 38 
 
 recover penalties, etc., from certain officers, 4768, 4770 58 
 
 warrant for collection of taxes, 4708, 4709 38 
 
 warrants on, to be signed by director and moderator, 4685, 4686 28,29 
 
 (See Moneys; also Taxes.) 
 TRAINING SCHOOL: 
 
 in connection with State Normal, 1816 93 
 
 TREASURER, COUNTY: 
 
 (See County Treasurer.) 
 
 TREASURER OF BOARD OF SCHOOL INSPECTORS: 
 (See Chairman of Board of School Inspectors.) 
 TREASURER OF DISTRICT: 
 
 (See Assessor.) 
 TREASURER, TOWNSHIP: 
 
 (See Township Treasurer.) 
 
 T*"R TAT * 
 
 (See Action, Proceedings; also Suits.) 
 TRUANTS: 
 
 sent to reformatory institutions in certain cases, 4853, 11766 86 87 
 
 tried by justices or recorder, 4852, 11766 gg) 87 
 
 ungraded school to be provided for, 4850 85 
 
 who shall be deemed, 4851, 11765 86 87 
 
 TRUANT OFFICERS: 
 
 duty to enforce compulsory educational laws, 4849 35 
 
 examine into cases of truancy, 4849 85 
 
 institute proceedings in certain cases, 4853 86 
 
 make complaints in truancy cases, 4852 , 86 
 
 warn truants and their parents or guardians, 4849 85 
 
 how appointed. 4848 85 
 
 TRUSTEES, BOARD OF: 
 
 (See Board of Trustees.) 
 TUITION: 
 
 may be charged .for studies in high schools, 4<48 52 
 
 of non-resident pupils, 46M 
 
 UNGRADED SCHOOLS: 
 
 juvenile disorderly persons to be sent to, 4851 86 
 
 may be established in graded school districts, 4850.. 
 [FORMITY: 
 
 UNI1 
 
 of Normal School courses, 1832 98 
 
 UNION SCHOOL DISTRICT: 
 
 (See Graded School District.) 
 UNITED STATES FLAGS: 
 
 purchase of, 4S02 65 
 
 UNIVERSITY: 
 
 constitutional provisions, art. xiii, sees. 6, 8 
 
 diplomas and certificates to graduates, 4804 66 
 
 VACANCY: 
 
 in board of library commissioners, sec. 1 104 
 
 school examiners, 4808 
 
 trustees of graded school district, 4747 
 
 township school district, 4827 
 
 district offices, how occasioned and filled, 4667, 4668 
 
 office of regent, con. proy., art. xiii, sec. 6 
 
 county commissioner of schools, 4819 75 
 
 State officers, con. prov., art. viii, sec. 3 
 
 (See Appointment.) 
 VENIRE: 
 
 in proceedings to obtain site, 4730, 4732 44, 45 
 
 VISITATION: 
 
 and examination of schools, 4815, 4830 73, 79 
 
 VOTERS: 
 
 challenge of, 4663 
 
 who are qualified, 4662 
 
 (See District Meetings.) 
 
INDEX. u; 
 
 VOUCHERS: PAQK 
 
 for accounts of inspectors, 4696 34 
 
 expenditures by assessor, 4691 32 
 
 payments at teachers' institutes, 4846 83 
 
 WARRANTS: 
 
 on State Treasurer for primary school interest fund, 4642 11 
 
 township treasurer, 4685, 4686, 4711, 4826 28,29,38,78 
 
 to township treasurer, for collection of taxes, 4708, 4709 38 
 
 (See Orders; also, Township Treasurer.) 
 WITNESSES: 
 
 in proceedings to obtain site, 4733 45 
 
 WOMEN: 
 
 eligible to election to district offices, 4669 23 
 
 qualified as voters at district meetings. 4662 
 
 TEAR, SCHOOL: 
 
 when to commence, 4659 17