SB 50 bSl
REVISION OF 1909
STATE OF MICHIGAN
GENERAL SCHOOL LAWS
WITH AN APPENDIX OF BLANK FORMS
COMPILED UNDER THE SUPERVISION OF
FREDERICK C. MARTINDALE
SECRETARY OF STATE
^ 1
BY AUTHORITY
LANSING, MICHIGAN
WYNKoor HALLKNBECK CRAWFORD CO.. STATK IMUNTKKS
1909
EXCHANGE
REVISION OF 1909
STATE OF MICHIGAN
GENERAL SCHOOL LAWS
WITH AN APPENDIX OF BLANK FORMS
COMPILED UNDER THE SUPERVISION OF
FREDERICK C. MARTINDALE
SECRETARY OF STATE
BY AUTHORITY
LANSING, MICHIGAN
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1909
<
EXCHANGE
CONTENTS.
CONSTITUTIONAL PROVISIONS.
Sections.
Article X. Finance and taxation 1-2
Article XI. Education 3-17
STATUTORY PROVISIONS.
Election of state board of education 18
Election of superintendent of public instruction 19
Primary school system
Superintendent of public instruction 20-26
Formation, alteration, meetings and powers of districts 27-46
District board and officers 47-72
Township officers 73-87
County clerk and treasurer 88-90
Bonded indebtedness of districts 91-94
Suits and judgments against districts 95-101
Sites for schoolhouses 102-116
Appeals from action of township board 117-119
Graded school districts 120-125
Libraries 126-138
Penalties and liabilities 139-147
Miscellaneous provisions relative to education and the schools
Free text books 148-153
Agricultural college course 154
Kindergarten method 155-158
Teaching of dangerous communicable diseases 159-160
Publication of the proceedings of annual school meetings 161-162
Purchase and display of United States flag 163
Returns from incorporated institutions 164
State teachers' certificates 165-171
County commissioners and school examiners 172-183
Examination of candidates for admission to agricultural college 184-185
Meeting of school officers of county 186-188
Township school districts 189-213
Township school districts in upper peninsula 214-229
Boundaries of school districts in cities 230-233
Teachers' institutes 234-241
Bureau of information in office of superintendent of public instruction.. 242-243
Compulsory education 244-249
Compulsory education of deaf children 250-252
Compulsory education of blind children 253-254
677383
CONTENTS.
Sections.
Miscellaneous offenses Crime and truancy Delinquency of children... 255-258
Protection of children 259
Employment of children 260
Teachers' associations 261-263
State accounts Safe keeping of public moneys 264-271
State lands Apportionment of dog tax 272
State board of education 273-290
State normal schools 291-300
Granting of diplomas by state board of education in connection with
state normal schools 301
Loan funds for students 302-308
State library commission 309-312
Publication and distribution of laws and public documents 313-315
Rural high schools 316-323
Qualifications of kindergarten teachers 324-326
Annual reports by librarians 327-328
Payment of tuition of eighth grade pupils 329-330
County normal training classes 331-337
County schools of agriculture, manual training, etc 338-347
Day schools for the deaf 348-353
Payment of subcontractors 354-357
Cities of the fourth class School districts, and board of education .... 358-362
Commission on industrial education 363-366
Sale of tax homestead lands for school sites 367
Exemption of school bonds from taxation 368
Appendix Forms for proceedings under the school laws.
NOTE. The section numbers in parentheses ( ), are compiler's sections, and are con-
secutive throughout this compilation. Section numbers of the compiled laws of 1897
precede each section, and ai-e indicated by the section mark (). Notes following the sec-
tions indicate the amendments, supreme court decisions, etc. Annotated with supreme
court decisions to and including the 154th Mich, report. The character / is used in citing
cases, to avoid the repetition of Mich.
SCHOOL LAWS OF MICHIGAN.
CONSTITUTIONAL PROVISIONS.
ARTICLE X.
FINANCE AND TAXATION.
(1) SECTION 1. All subjects of taxation now contributing to the
primary school interest fund under present laws shall continue to con-
tribute to that fund, and all taxes from such subjects shall be first ap-
plied in paying the interest upon the primary school, university and other
educational funds in the order herein named, after which the surplus of
such moneys shall be added to and become a part of the primary school
interest fund.
(2) SEC. 2. The legislature shall provide by law for an annual tax
sufficient with other resources to pay the estimated expenses of the
state government, the interest on any state debt and such deficiency as
may occur in the resources.
ARTICLE XI.
EDUCATION.
(3) SECTION 1. Religion, morality and knowledge being necessary to
good government and the happiness of mankind, schools and the means of
education shall forever be encouraged.
(4) SEC. 2. A superintendent of public instruction shall be elected
at the regular election to be held on the first Monday in April, nineteen
hundred nine, and every second year thereafter. He shall hold office
for a period of two years from the first day of July following his election
and until his successor is elected and qualified. He shall have general
supervision of public instruction in the state. He shall be a member
and secretary of the state board of education. He shall be ex-officio
GENERAL SCHOOL LAWS.
a member of all other boards having control of public instruction in any
state institution, with 'the right to speak but not to vote. His duties
and compensation shall be prescribed by law.
(5) SBC. 3. There shall be a board of regents of the university, con-
sisting of eight members, who shall hold the office for eight years. There
shall be elected at each regular biennial spring election two members of
such board. When a vacancy shall occur in the office of regent it shall
be filled by appointment of the governor.
(6) SEC. 4. The regents of the university and their successors in office
shall continue to constitute the body corporate known as "The Regents
of the University of Michigan."
(7) SEC. 5. The regents of the university shall, as often as necessary,
elect a president of the university. The president of the university and
the superintendent of public instruction shall be ex-officio members of
the board of regents, with the privilege of speaking but not of voting.
The president shall preside at the meetings of the board 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 funds.
(8) SEC. 6. The state board of education shall consist: of four mem-
bers. On the first Monday in April, nineteen hundred nine, and at each
succeeding biennial spring election, there shall be elected one member
of such board who shall hold his office for six years from the first day
of July following his election. The state board of education shall
have general supervision of the state normal college and the state normal
schools, and the duties of said board shall be prescribed by law.
(9) SEC. 7. There shall be elected on the first Monday in April, nine-
teen hundred nine, a state board of agriculture to consist of six mem-
bers, two of whom shall hold the office for two years, two for four
years and two for six years. At every regular biennial spring election
thereafter, there shall be elected two members whose term of office
shall be six years. The members thus elected and their successors in
office shall be a body corporate 'to be known as "The State Board of Agri-
culture."
(10) SEC. 8. The state board of agriculture shall, as often as neces-
sary, elect a president of the agricultural college, who shall be ex-officio a
member of the board with the privilege of speaking but not of voting.
He shall preside at the meetings of the board and be the principal execu-
tive officer of the college. The board shall have the general supervision
of the college and the direction and control of all agricultural college
funds ; and shall perform such other duties as may be prescribed by law.
(11) SEC. 9. The legislature shall continue a system of primary
schools, whereby every school district in the state shall provide for the
education of its pupils without charge for tuition ; and all instruction in
such schools shall be conducted in the English language. If any school
district shall neglect to maintain a school within its borders as pre-
scribed by law for at least five months in each year, or to provide for
the^ education of its pupils in another district or districts for an equal
period, it shall be deprived for the ensuing year of its proportion of
the primary school interest fund.
(12) SEC. 10. The legislature shall maintain the university, the col-
GENERAL SCHOOL LAWS.
lege of mines, the state agricultural college, the state normal college,
and such state normal schools and other educational institutions as
may be established by law.
(13) SEC. 11. The proceeds from the sales of all lands that have been
or hereafter may be granted by the United States to the state for edu-
cational 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 inviol-
ably appropriated and annually applied to the specific objects of the
original gift, grant or appropriation.
(14) SEC. 12. All lands, the titles to which shall fail from a defect
of heirs, shall escheat to the state, and the interest on the clear pro-
ceeds from the sales thereof shall be appropriated exclusively to the
support of the primary schools.
(15) SEC. 13. The legislature shall appropriate all salt spring lands
now unappropriated, or the money arising from the sale of the same,
where such lands have already been sold, and any funds or lands which
may hereafter be granted or appropriated for such purpose, for the
support and maintenance of the agricultural college.
(16) SEC. 14. The legislature shall provide by law for the establish-
ment of at least one library in each township and city; and all fines
assessed and collected in the several counties, cities and townships for
any breach of the penal laws shall be exclusively applied to the support
of such libraries.
(17) SEC. 15. Institutions for the benefit of those inhabitants who are
deaf, dumb, blind, feeble-minded or insane shall always be fostered and
supported.
GENERAL SCHOOL LAWS.
STATUTORY PROVISIONS.
Members
board of
education,
when elected.
Term.
ELECTIONS.
An Act fixing the time when members of the state board of educa-
tion shall be elected.
[Act 216, 1909.]
The People of the State of Michigan enact:
(18) SECTION 1. At the biennial spring election to be
held on the first Monday in April of nineteen hundred nine,
and at each succeeding biennial spring election, there shall
be elected one member of the board of education, who shall
hold his office for six years from the first day of July follow
ing his election; at the biennial spring election to be held
on the first Monday in April, nineteen hundred nine, a suc-
cessor to the member of the state board of education whose
term of office expired on December thirty-first, nineteen hun-
dred eight, shall be elected; at the biennial spring election
to be held on the first Monday in April, nineteen hundred
eleven, a successor to the member of the state board of edu-
cation whose term will expire December thirty-first, nine-
teen hundred ten, shall be elected; and at the biennial spring
election to be held on the first Monday in April, nineteen
hundred thirteen, a successor to the member of the state
board of education whose term will expire on December
thirty-first, nineteen hundred twelve, shall be elected. Each
member shall hold his office for the term for which he was
elected and until his successor is elected and qualified.
An Act to provide for the election of a superintendent of public
instruction.
[Act 12, 1909.]
The People of the State of Michigan enact:
W rm n elected> ( 19 ) SE C TI N 1. At the biennial spring election to be
held on the first Monday in April, nineteen hundred nine,
and every second year thereafter, there shall be elected a
superintendent of public instruction, who shall hold office
for a period of two years from the first day of July following
his election and until his successor is elected and qualified.
The person receiving the greatest number of votes at such
election shall be by the state board of canvassers declared
elected to such office.
GENERAL SCHOOL LAWS.
THE PRIMARY SCHOOL SYSTEM.
An Act to revise and consolidate the laws relating to public instruc-
tion and primary schools, and to repeal all statutes and acts con-
travening the provisions of this act.
[Act 164, 1881.]
The People of the State of Michigan enact:
CHAPTER I.
THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
(20) 4639. SECTION 1. The superintendent of public supt. of
instruction shall have general supervision of public instruc-
tion in all public schools and in all state institutions that
are educational in their character, as follows: The univers-
ity, the agricultural college, the institution for the deaf and
dumb, the school for the blind, the state industrial school for
boys, the state industrial home for girls, the state public
school for dependent and neglected children, and the home
for the feeble-minded, and any similar institution that may
hereafter be created. He shall reside at the seat of the state Residence.
government and shall devote his entire time to the duties
of his office. He shall be a graduate of a university, college Qualifications.
or state normal school of good standing, and shall have had
at least five years experience as a teacher or superintendent
of schools. His duties shall be as follows: Duties.
(a) To visit the institutions mentioned above and meet
with the governing boards thereof from time to time;
(b) To direct the supervision of county normal training
classes and provide general rules for their management and
control ;
(c) To require all boards of education to observe the laws
relating to schools and he shall have authority to compel
such observance by appropriate legal proceedings instituted
in courts of competent jurisdiction by direction of the at-
torney general ;
(d) To examine and audit the official records and ac- Records and
counts of any school district and require corrections thereof acco
when necessary, and to require an accounting from the treas-
urer of any school district when necessary;
(e) To require all school districts to maintain school or statutory
provide educational facilities for all children resident in such g^oSi f
district, for at least the statutory period;
(f) To prepare annually, and transmit to the governor, Annual
to be by him transmitted to the legislature at each biennial re P rt -
session thereof, a report containing a statement of the gen-
eral educational conditions of the state; a general statement
regarding the operation of the several state educational in-
stitutions and all incorporated institutions of learning; to
2
10
GENERAL SCHOOL LAWS.
State
teachers'
institute.
May request
removal of
certain
officers.
present plans for the improvement of the general educational
system, if in his judgment it is deemed necessary; the report
shall also contain the annual reports and accompanying
documents of all state educational institutions so far as the
same may be of public interest, and tabulated statements
of the annual reports of the several school officers of the
townships and cities of the state, and any other matter re-
lating to his office which he may deem expedient to com-
municate to the legislature;
(g) To appoint a time and place and proper instructors
for a state teachers' institute, and for institutes in the sev-
eral counties of the state and make such rules and regula-
tions for their management as he may deem necessary;
(h) He may request the governor to remove from office
any county commissioner of schools or member of the board
of school examiners when he shall be satisfied from sufficient
evidence submitted to him that said officer does not possess
the qualifications required by law entitling him to hold the
office, or, when he is incompetent to execute properly the
duties of the office, or has been guilty of official misconduct,
or of wilful neglect of duty, or of drunkenness. In case
said superintendent shall determine the charges submitted to
him are well founded he shall file with the governor a state-
ment in writing showing the specific and definite charge or
charges made against the county commissioner, and also
a statement that he believes the charges to be true and that
in his opinion the case demands investigation, which state-
ment shall take the place of the statement of the prosecut-
ing attorney of the county in which said officer is acting;
whereupon the governor shall proceed to investigate the case
as the statute provides;
(i) To do all things necessary to promote the welfare of
the public schools and public educational institutions and
provide proper educational facilities for the youth of the
state.
From and after the first day of July, nineteen hundred
nine, the salary of the superintendent of public instruction
shall be four thousand dollars per annum which shall be
paid monthly out of the general fund in the state treasurv,
upon the warrant of the auditor general, in the same manner
as the salaries of other state officers are paid.
Am. 1905, Act 72; 1909, Act 9
f PUbliC Instruction > ^e Const., section 4 of this
To promote
welfare.
Salary, how
paid.
t,qa . (2 }) 4640 ' SEC - 2 - ^ order to organize the work of
fications, etc. the department of public instruction and assist the superin-
endent m the performance of his duties in supervising pub-
lic education he may appoint a deputy superintendent of
public instruction, whose educational qualifications shall be
e same as those of the superintendent of public instruction
GENERAL SCHOOL LAWS. 11
who shall take the constitutional oath of office which shall
be filed with the secretary of state. Said deputy shall assist Duty.
the superintendent in the performance of his duties and he
may execute the duties of the office of superintendent in case
of a vacancy or in the absence of the superintendent. The salary.
salary of the deputy superintendent shall be two thousand
dollars per annum. The salary of the deputy superintendent HOW paid.
shall be paid from the general fund, upon a warrant of the
auditor general, in the same manner that the salaries of
other state officers are paid. The superintendent of public
instruction- may revoke the appointment of the deputy super-
intendent in his discretion. There is hereby appropriated out
of the general fund in the state treasury a sufficient amount
to carry out the provisions of this act. The auditor general Tax levy>
shall add to and incorporate in the state tax for the year
nineteen hundred nine and every year thereafter a sufficient
amount to reimburse the general fund for the amounts ap-
propriated by this act.
Am. 1909, Act 9.
(22) 4641. SEC. 3. The superintendent of public in- JJay Prepare
struction may prepare and have printed general rules and
regulations for the management of township and district
libraries, a general course of study for the schools of the
state, and he shall transmit all these documents to the sev-
eral school officers entrusted with the care and management
of the public schools.
Am. 1905, Act 72.
(23) 4642. SEC. 4. He shall semi-annually, on receiv-
ing notice from the auditor general of the amounts thereof, primary school
and between the first and tenth days of May and November, fundl etc-
apportion the primary school interest fund among the several
townships and cities of the state, in proportion to the number
of children in each between the ages of five and twenty years,
as the same shall appear by the reports of the several boards
of school inspectors made to him for the school year closing
prior to the May apportionment and shall prepare a state
ment of the amount in the aggregate payable to each county,
and shall deliver the same to the auditor general, who shall
thereupon draw his warrant upon the state treasurer in favor warrant for,
., , , / 11 j_ T_IX now drawn.
of the treasurer of each county for the amount payable to
each county. He shall also send written notices to the clerks Notice to
., * , .. n 11 M ,t - j-j_i county clerks.
of the several counties of the amount in the aggregate to be
disbursed in their respective counties, and the amount pay-
able to the townships and cities therein respectively.
Moiles v. Watson, 60 / 417.
(24) 4643. SEC. 5. Whenever the returns from any
county, township, city, or district, upon which a statement of Defective
the amount to be disbursed or paid to any such county, town- r
12
GENERAL SCHOOL LAWS.
ship, city, or district shall be so far defective as to render it
impracticable to ascertain the share of primary school inter-
est fund which ought to be disbursed or paid to such county,
township, 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 apportion-
ment accordingly.
whendefi- (25) 4644. SEC. 6. Whenever any county, township,
apportioned be city, or district, through failure or error in making the
the next year, proper report, shall fail to receive its share of the primary
school interest fund, the superintendent of public instruction,
upon satisfactory 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 dis-
trict has had three months 7 school, but failed to have, the
full time of school required by law, through no fault or neg-
ligence of the district or its officers, he may include such dis-
trict in his apportionment of the primary school interest
fund in his discretion.
Other duties
of superin-
tendent.
Moiles v. Watson, 60 / 417.
(26) 4645. SEC. 7. The superintendent of public in-
struction shall 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.
CHAPTER II.
Township
board,
authority of,
in division
of school
districts.
Districts
heretofore
organized.
FORMATION, ALTERATION, MEETINGS AND POWERS OF DISTRICTS.
(27) 4646. SECTION 1. The township board of each
township shall have authority to divide the township into
such number of school districts as may from time to time
be necessary, which districts it shall number, and it may
regulate and alter the boundaries of the same as circum-
stances shall render proper; and each district shall be com-
posed of contiguous territory and be in as compact a form as
may be. Districts heretofore organized shall remain and have
the same boundaries as at the time of the passage of this act
subject to change hereafter in the discretion of the township
board.
Am. 1901, Act 37; 1909, Act 31.
PRIMARY b SrHO^ Chapter 116 ' C ' L - 1897 -
GENERAL, SCHOOL. LAWS. 13
viding 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 Eng-
lish language. All other matters seem to foe within the discretion of the
legislature. Perrizo v. Kesler, 93 / 283 ; People v. Hewlett, 94 / 168 ; Pingree
v. Board of Education, 99 / 408. The constitution of 1909 provides that a
district maintain school five months in each year in order to participate in
the primary interest fund. Our primary school system is the pride of the
state. People v. Hewlett, 94 / 169.
FORMATION OF DISTRICTS : See 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 ; People v.
Davidson, 2 Doug. 121 ; Brewer v. Palmer, 13 / 107. When two districts are
annexed without any other change in their boundaries, the mere fact that
one number is preferred to another does not change the real character of the
annexation. Brewer v. Palmer, 13 / 109. When one district is annexed to
another, its corporate existence ceases and it cannot be sued for debts ; the
new district must be held responsible 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 obligation. Halbert v. Sch. Dists., 36 / 421.
Change of 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 35.
QUESTIONING REGULARITY: The regularity of the proceedings for the
formation of a district and the existence of it cannot be questioned collaterally,
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. Silsfoee, 41 / 621 ; Keweenaw Ass'n v.
Sch. Dist., 98 / 437. The legality of the organization and existence of the
district cannot be tested by certiorari. Jaquith v. Hale, 31 / 430. Certiorari
to review the proceedings in organizing a district will not lie after the^dis-
trict is actually organized and has assumed the functions of a corporation ;
its corporate existence must then be tested by quo warranto. Sch. Dist. v.
Inspectors, 27 / 3 ; People v. Gartland, 75 / 143. But there should be some
special and extraordinary reason to justify interference by quo warranto with
the organization of a school district, as the statutes provide a speedier
remedy by an appeal from the district board to the township board. Lord
v. Every, 38 / 405. And the supreme court will not meddle with the con-
cerns of school districts, on mandamus, except on things of substance. Sch.
Dist v. Riverside Twp., 67 / 406. The facts in regard to the notices and
proof of posting are sufficiently established if set out in the return of the
board, though not appearing in the clerk's minutes of the proceedings. The
act of detaching territory from two school districts and forming a new dis-
trict by one and the same motion, after parties interested have had ample
opportunity to be heard on both questions is valid. Smelzer v. Inspectors
Big Prairie Twp., 125 / 666.
(28) 4647. SEC. 2. Whenever the township board of Notice to
any township shall form a school district therein, it shall be
the duty of the clerk of such board to deliver to a taxable of district
inhabitant of such district a notice in writing of the forma-
tion of such district, describing its boundaries and specify-
ing the time and place of the first meeting, which notice,
with the fact of such delivery, shall be entered upon record
by the clerk. The said notice shall also direct such inhabit- Notice to
ant to notify every qualified voter of such district, either
personally 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 inhabitant to notify the qualified voters of said
district accordingly, and said inhabitant, when he shall have
notified the qualified voters as required in such notice, shall
endorse thereon a return showing such notification with the Return,
date or dates thereof, 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 the records of such district.
Am. 1909, Act 31.
14
GENERAL, SCHOOL LAWS.
Proceedings
in case of
failure to
organize
district.
Fractional
districts,
how formed.
Annual
reports,
where
made.
When
districts
deemed
duly
organized.
When
presumed
legally
organized.
Organization,
how lost.
Failure to
maintain
school.
Resolution,
declaring
dissolution.
NOTICE : The board 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. Irregularity in notice.
Parman v. Inspectors, 49 / 63. See Roeser v. Gartland, 75 / 144.
RECORDS: Importance of. Sch. Dist. v. Snell, 24/352.
(29) 4648. SEC. 3. In case the inhabitants of any
district shall fail to organize the same in pursuance of such
notice as aforesaid, the said clerk shall give a new notice in
the manner hereinbefore provided, and the same proceed-
ings shall be had thereon as if no previous notice had been de-
livered.
(30) 4649. SEC. 4. Whenever it shall be necessary or
convenient to form a district from two or more adjoining
townships, the township boards, or a majority of them, of
each of such adjoining townships, may form such district, to
be designated as a fractional district, and direct which town-
ship clerk shall make and deliver the notice of the formation
of the same to a taxable inhabitant thereof, and may regulate
and alter such district as circumstances may render neces-
sary in the same manner that other districts are altered.
The annual reports of the director of such district shall be
made to the clerk of the township in which the schoolhouse
may be situated, and the township board of such township
shall number said district.
Am. 1909, Act 31.
Saginaw Twp. v. Sch. Dist., 9 / 544 ; Brewer v. Palmer, 13 / 109.
(31) 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 writ-
ing 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 liabili-
ties conferred upon school districts by law. Any school dis-
trict shall lose its organization as follows:
(a) Whenever there are not three or more persons in
such district qualified under the law to hold district offices;
(b) Whenever such district shall fail to maintain school
for the time required by law for a period of two successive
years either within its own boundaries or by providing for
the education of the children in other districts. Upon the
lappenmg of either condition, the township board, or joint
board, if such district be fractional, shall declare by resolu-
tion such district dissolved and shall immediatelv attach the
territory thereof, in whole or in part, to other * districts al-
idy organized and make an equitable distribution of the
money, property and other material belonging to such dis-
trict among the districts to which the territory thereof shall
GENERAL SCHOOL LAWS. 15
be attached, in accordance with the provisions hereinafter
stated.
Am. Id.
PRESUMPTION OF LEGAL ORGANIZATION: When a district has ex-
ercised the franchises and privileges of a school district for over two years,
it is too late to question the legality of its organization. Sch. Dist. v. Sch.
Dist., 63 / 56 ; Sch. Dist. v. Sch. Dist., 81 / 343. The same rule which recog-
nizes the right of officers de facto recognizes corporations de facto. Clement
v. Everest, 29 / 23. In public affairs, when the people have organized them-
selves under color of law into the ordinary municipal bodies, and have gone
on year after year raising taxes, making improvements and exercising their
usual franchises, their rights are properly regarded as depending quite as
much on the acquiescence as on the regularity of their origin, and no ex post
facto inquiry can be permitted to undo their corporate existence. People v.
Maynard, 15 / 470. As to questioning the regularity of organization, etc.,
see note to section 27.
(32) 4651. SEC. 6. The record of the first meeting Director's
made by the director 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
township board as evidence.
Am. Id.
CORPORATE POWERS OF DISTRICTS.
(33) 4652. SEC. 7. Every school district organized in
pursuance of this chapter, or which has been organized and a body'
continued under any previous law of the state or territory cor P rate
of Michigan, shall be a body corporate, and shall possess the
usual powers of a corporation for public purposes, by the
name and style of "school district number (such num- game and
ber as shall be designated in the formation thereof by the s
township board), of (the name of the township
or townships in which the district is situated)," and in that
name shall be capable of suing and being sued, of contracting Power of.
and being contracted with, and of holding such real and
personal estate as is authorized to be purchased by the pro-
visions of law, and of selling the same.
Am. Id.
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 con-
trolled 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 districts.
Maynard v. Woodward, 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 constitution
(Stuart v. Sch. Dist.. 30/69), and were recognized by that instrument.
Belles v. Burr, 76/11.
ALTERATION OF DISTRICTS.
(34) 4653. SEC. 8. Whenever the township board shall $*$$$$
contemplate an alteration of the boundaries of a district, the boundaries
township clerk (and for meetings of boards to act in rela- board wn
16
GENERAL SCHOOL LAWS.
tion to fractional districts, clerks of the several townships
interested) shall give at least ten days' notice of the time and
place of the meeting of said board and the alteration pro-
posed, 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.
Whenever the township boards of more than one township
meet, they shall elect one of their number chairman, and
another clerk thereof.
Posting
notice.
Joint
boards.
May detach
and attach
property.
Division into
two or more
districts.
NOTICE : The notice required is jurisdictional and indispensable. Coulter
v. Inspectors, 59 / 391 ; Sch. Dist. v. Inspectors, 63 / 611 ; Gentle v. In-
spectors, 73 / 40 ; Graves v. Inspectors, 102 / 635 ; Passage v. Inspectors, 19 /
330 ; Andress v. Inspectors, 19 / 332. Proof of the posting of such notice
should be filed with the clerk of the board, before any action is taken.
Coulter v. Inspectors, 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 affected 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 provision in the former law, see Sch. Dist. v. Sch. Dist., 63 / 51.
Notice of posting notices in three public places is jurisdictional. Affidavit
must show that the notices were so posted. Certiorari will lie to test valid-
ity of proceedings where petitioner moves promptly. Huyser v. Board of
School Inspectors, 131 / 568.
FRACTIONAL DISTRICTS : The action of the joint boards is required in
case of fractional districts. Sch. Dist. v. Sch. Dist., 81 / 343.
(35) 4654. SBC. 9. The township board may in its dis-
cretion detach the property of any person or persons from
one district and attach it to another; except that no land
which has been taxed for building a schoolhouse 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 divided into two or more districts without
the consent of a majority of the resident taxpayers of said
district, and no two or more districts shall be consolidated
without the consent of a majority of the resident taxpayers
of each district.
Am. Id.
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 (township board) have
power to alter boundaries of districts, and attach or detach persons, to or
from any district; 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 board
have no authority to divide up a district and destroy it without the consent
of a majority of the resident taxpayers; nor can they destroy it by cutting
<Lh P n ? I6C an ^ attaching all the territory to other districts without
uch consent. Id. The terms "dissolve" and "disband" are of similar im-
vofe ^ 63 by n tice f a meeti S to
F WNER : Lan(J s taxed within three years for building a
not to be set off into another district without the consent of
the owner. Coulter v. Inspectors, 59 / 391
ipNSOLIDATION : The right of inspectors to consolidate districts de-
pends upon consent of majority of resident taxpayers. Where a school dis-
e facto formed by consolidation of other districts has been in exist-
y s e h a annon, ?30 / 556 COUrt WlU n0t *<* &Side acti n f bo " d -
OF LEGISLATURE: The legislature may change the boundaries
. Att y Gen. ex f el. Kies v. Lowery, 131 / 639.
GENERAL SCHOOL LAWS. 17
(36) 4655. SEC. 10. The township board may attach Attaching
to a school district any person residing in a township and not 8 1
in any organized district, at his request ; and for all district
purposes, except raising a tax for building a schoolhouse,
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.
Am. Id.
(37) 4656. SEC. 11. In all cases where an alteration Notice to
of the boundaries of a school district shall be made, the
township clerk 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 township board and defining
the alterations that have been made.
Am. Id.
DIVISION OF PROPERTY.
(38) 4657. SEC. 12. When a new district is formed in
whole or in part from one or more districts possessed of a possessed
schoolhouse or entitled to other property, the township board ^Ses^etc.
at the time of forming such new district, or as soon there-
after as may be, shall ascertain and determine the amount
justly due to such new district from any district out of
which it may have been in whole or in part formed, as the
proportion of such new district, of the value of the school-
house and other property belonging to the former district,
at the time of such division ; and whenever by the division when may
of any district, the schoolhouse or site thereof shall no longer apportion
be conveniently located for school purposes and shall not be P roceeds -
desired for use by the new district in which it may be situ-
ated, the township board of the township in which such
schoolhouse and site shall be located may advertise and sell
the same, and apportion the proceeds of such sale and also
any moneys belonging to the district thus divided among the
several districts erected in whole or in part from the divided
district.
Am. Id.
Saginaw Twp. v. Sch. Dist., 9 / 541 ; People v. Ryan, 19 / 203 ; Ramsey v.
Everett Twp. Clerk, 52/344; Sch. Dfst. v. Riverside Twp., 67/404.
NEW DISTRICT: See Pine Sch. Dist v. Wilcox, 48/404, and section 117
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 prop-
erty and is liable for the debts of the old ones. Brewer v. Palmer 13 / 104 ;
Halbert v. Districts, 36/421.
(39) 4658. SEC. 13. Such proportion shall be ascer- Proportion,
tained and determined according to the value of the taxable
property of the respective parts of such former district at
the time of the division, by the best evidence in the power of
the township board; and such amount of any debt due from
the former district, which would have been a charge upon the
18
GENERAL SCHOOL LAWS.
new had it remained in the former district, shall be de-
proviso. ducted from such proportion: Provided, That no real estate
thus set off, and which shall not have been taxed for the pur-
chase or building of such schoolhouse, shall be entitled to
any portion thereof nor be taken into account in such divi-
sion of district property.
Am. Id.
DEBTS OF OLD DISTRICTS : Where the territory of a school district is
absorbed by other districts, the statute contemplates that the township board
shall make an equitable adjustment of property and debts, so as to propor-
tion them fairly among the districts which have succeeded to the jurisdic-
tion 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 proceed-
ing in the courts, so as to give creditors a remedy against any but the orig-
inal 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 destroyed by a change
in corporation limits. If contribution is required, it must be obtained by
the corporation and not by its creditors, unless otherwise provided by law.
Turnbull v. Alpena Sch. Dist., 45 / 499.
Annual
school
meetings,
when held.
School
year, when
to begin.
Proviso.
Special
meetings.
DISTRICT MEETINGS.
(40} 4659. SEC. 14. The annual meeting of all school
districts, except where otherwise provided by special enact-
ment, shall be held on the second Monday of July in each
year. The school year shall commence on that day, and the
trustees and officers of the district shall date their terms of
office from said day, and until their successors are elected
and qualified: Provided, That any district may vote to hold
its annual meeting on the fourth Monday in July.
Am. 1905, Act 36.
Farrell v. Sch. Dist., 98 / 45 ; Johnston v. Mitchell, 120 / 589.
(41) 4660. SEC. 15. Special meetings may be called
by the district board; and it shall be the duty of said board,
or any one of them, to call such meetings on the written re-
quest of not less than five legal voters of the district, by giv-
h caiieci ay not ing * he notice required in the next succeeding section ; but no
special meeting shall be called unless the business to be trans-
u> U be n sSte f d acted mav lawfully come before such meeting, and no busi-
in notice. ness shall be transacted at a special meeting unless the same
be stated in the notice of said meeting.
Liberal rules of interpretation must be applied to these notices,
f 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; Johns-
n v. Mitchell, 120/589. Use by a school board, in calling a special meet-
ing, or a blank form of notice prepared by a lawyer at the request of one
who was not a member of the board, is insufficient to show a ratification on
a p r mis e by sucn third person that the board would pay a
12^/209. rend ed.-Leonard 8 on v. School District
Notices of
meetings.
(42) 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 meet-
ing, and shall be given at least six days previous to such
GENERAL SCHOOL LAWS. 19
meeting, by posting up copies thereof in three of the most
public places in the district, one copy of which for each meet-
ing 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 establishing or changing the site
of a schoolhouse, such notice shall be given at least ten days
previous thereto : Provided, That when any of the district Duty of dis-
board shall receive a request to call a special meeting, as to give. c<
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 aforesaid,
No annual meeting shall be deemed illegal for want of due w^en annual
notice, unless it shall appear that the omission to give such mllaiTor 10
notice was wilful and fraudulent. want of.
Scbafer v. Sch. Dist. No. 1 of Baraga, 116/206; Johnston v. Mitchell,
120 / 589.
(43) 4662. SEC. 17. In all school elections every citi- Qualified
zen of the United States of the age of twenty-one years, deemed!* 10
male or female, who owns property which is assessed for
school taxes in the district, or who is the parent or legal
guardian of any child of school age included in the school
census of said district, and who has resided in said district
three months next preceding such election, shall be a quali-
fied voter. On the question of voting school taxes, every votin
citizen of the United States of the age of twenty-one years,
male or female, who owns property which is assessed for
school taxes in the district, and who has resided in the dis-
trict, as above stated, shall be a qualified voter: Provided,
That the purchaser of land upon a land contract, who actu- tracts.
ally pays the taxes upon such land and resides thereon, may
vote upon all questions; and where a husband and wife own Husband
property jointly and same is assessed for school taxes and wife -
in the school district, each may, if otherwise qualified, vote
upon all questions including the question of raising money.
Am. 1909, Act 83.
QUALIFIED VOTER: See Coffin v. Election Com'rs, 97/189; Belles v.
Burr, 76 / 1 : Mudge v. Stebbins, 59 / 165. See constitution of 1909, Art III,
section 4.
(44) 4663. SEC. 18. If any person offering to vote at challenging
a school district meeting shall be challenged as unqualified by v<
any legal voter in such district, the chairman presiding at
such meeting shall declare to the person challenged the quali-
fications of a voter; and if such person shall state that he is
qualified, and the challenge shall not be withdrawn, the chair-
man shall tender to him an oath, in substance as follows : Oath tendered
"You do swear (or affirm) that you are a citizen of the * challenged
United States, that you have been for the last three months v< r ' .
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;' 7 and every person taking
20
GENERAL SCHOOL LAWS.
False oath
deemed
perjury.
this oath shall be permitted to vote upon all questions pro-
posed 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 district, or residing
upon property now attached to this school district, and that
you are the parent or legal guardian of one or more children
now included in the school census of the district;" and he
may vote upon all questions which do not directly involve
the raising of money by tax. If any person so challenged
shall refuse to take such oath, his vote shall be rejected;
and any person who shall wilfully take a false oath, or make
a false affirmation, under the provisions of this section, shall
be deemed guilty of perjury. When any question is taken in
any other way than by ballot, a challenge immediately after
the vote has been taken shall be deemed to be made when
offering the vote, and treated in the same manner.
Belles v. Burr, 76/6.
(45) 4664. SEC. 19. If at any district meeting any
person shall conduct himself in a disorderly manner, and,
after notice from the moderator or person presiding, shall
persist therein, the moderator or person presiding may order
him to withdraw from the meeting, and on his refusal, may
order any constable, or other person or persons, to take him
into custody until the meeting shall be adjourned; and any
person who shall refuse to withdraw from such meeting on
being so ordered as herein provided, and also any person who
shall wilfully disturb such meeting by rude and indecent
behavior, or by profane or indecent discourse, or in any other
way make such disturbance, shall, on conviction thereof, be
punished by a fine not less than two nor more than fifty dol-
lars, or by imprisonment in the county jail not exceeding
thirty days; and any justice of the peace, recorder, or police
justice of the township, ward, or city where such offense shall
be committed, shall have jurisdiction to try and determine
the same.
(46) 4665. SEC. 20. The qualified voters in any school
district, when lawfully assembled at the first and at each
annual meeting or at an adjournment thereof or at any
special meeting lawfully called, except as hereinafter pro-
vided, shall have power:
First, At the first meeting and at any meeting after the
organization 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;
Disorderly
persons at
district
meetings.
Penalty for
disturbing
meeting.
Who shall
have jurisdic-
tion in trial.
Powers of
qualified
voters at
school
meetings.
May appoint
chairman.
May adjourn.
GENERAL SCHOOL LAWS. 21
Third, To elect district officers as herein provided, and to Elect dis-
determine at what hour the annual meeting shall be held;
Fourth, To designate, as hereinafter provided, a site or Designate
such number of sites as may be desired for schoolhouses, and Sltes<
to change the same when necessary;
Fifth, To direct the purchasing or leasing of a site or sites Direct pur-
lawfully determined upon ; the building, hiring or purchasing Sue? etc.
of a schoolhouse or houses, or the enlarging of a site or sites
previously established ;
Sixth, To vote such tax as the meeting shall deem sufficient, JJJ^Jf ^ f g tc
to purchase or lease a site or sites, or to build, hire, purchase
or repair a schoolhouse or houses; but the amount of taxes Limit,
to be raised in any district for the purpose of purchasing or
building, altering or repairing a schoolhouse or houses in the
same year that any bonded indebtedness is incurred shall not
exceed two hundred fifty dollars in districts containing less
than ten children between the ages of five and twenty years;
in districts having between ten and thirty children of like
age it shall not exceed five hundred dollars; and in districts
having between thirty and fifty children of like age it shall
not exceed one thousand dollars ; the foregoing tax when Tax, how
levied and collected, together with all funds derived from accounted -
bonding for the same purposes, when received by the treas-
urer shall be accounted for under the title of "building and
repair fund :" Provided, That in addition to the amount Amount may
which may be voted by the qualified voters of a district for SSrai ftmd.
repairs, an amount not exceeding fifty dollars in any one year
may be taken from the general fund;
Seventh, To vote such tax as shall be necessary for the vote tax for
following purposes : To provide the necessary appendages ^tu?, 1 X-ary,
provided for by statute and all other school apparatus ; to Re-
establish and support a district library; to pay the premium
upon any surety bond required by law to be given by any
officer of such school district; to pay for the transportation
of pupils to and from school; to pay for furniture, fences,
care of grounds, taking of census, books for indigent children
and all appurtenances to the school property; to pay for
necessary record books and blanks, and to discharge any
debt or liability of the district lawfully incurred for any of
these purposes ; the tax herein provided for, when collected Tax, how
-IT n i . j < j accounted.
and received by the treasurer, shall be accounted for under
the title of "the general fund;"
Eighth, To authorize and direct the sale of any schoolhouse, M ay sen
site, building or other property belonging to the district, site ' etc -
when the same shall no longer be needed for the use of the
district ;
Ninth, To give such directions and make such provisions TO direct
as they shall deem necessary in relation to the prosecution or suits - etc -
defense of any suit or proceeding in which the district may
be a party or interested;
22
GENERAL SCHOOL LAWS.
Building
committees.
Determine
length of time
school taught.
Proviso, may
discontinue
school.
Tuition and
transporta-
tion.
Tenth, To appoint, as in their discretion it may be neces-
sary, a building committee to perform such duties in super-
vising the work of building a schoolhouse as they may by
vote direct ;
Eleventh, At the first and annual meeting only to deter-
mine the length of time a school shall be taught in their dis-
trict during the ensuing year, which shall not be less than
nine months in all districts having four hundred or more
children of school age, and in all districts having over thirty
children and less than four hundred children, not less than
eight months, and not less than five months in all other dis-
tricts on the pain of forfeiture of their share of the primary
school interest fund; but in case the people do not determine
the length of the school year, then the district board shall
determine the same, and in case the board or the district fix
the length of the school year and later in the year it is found
desirable to increase the length of said school year, such
action may be taken at a properly called special school meet-
ing, or the board may take such action on petition of a ma-
jority of the resident qualified voters: Provided, That each
school district may at an annual meeting vote to discontinue
school in the district for the ensuing year and determine that
the children resident therein shall be sent to another school
or schools, and when such action has been taken the school
board shall have authority to use any funds, except library
funds, in the hands of the treasurer to pay the tuition and
transportation of .all such children, and if necessary vote a
tax for such purpose.
Am. 1903, Act 10; 1907, Act 91; 1909, Act 83.
Moiles v. Watson, 60 / 415.
FOURTH: See section 102 as to designation of school sites.
FIFTH : A school district, contracting for the building of a schoolhouse
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 con-
tract are released by an assignment of the contract and the grant of an ex-
tension 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 schoolhouses, unless some portion thereof
shall be within 2% miles of the schoolhouse site, does not apply to a graded
school district. Keweenaw Ass'n v. Sch. Dist., 98/437.
SEVENTH: Publishing House v. Sch. Dist., 94/265. The word "append-
age" does not mean simply the apparatus to be used inside of the building,
nor is it limited to brooms, pails, cups, etc., but must be construed to in-
clude fuel, fences and necessary out-houses. Creager v. Sch. Dist., 62 / 108.
A director has authority, in the exercise of a sound discretion, to buy new
seats for a schoolhouse under a resolution "to fit up the schoolhouse for the
winter term." McLaren v. Akron Town Board, 48 / 190. Equitable claims
See notes 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. School Dist., 94/265. A school district has
no power to levy a tax except for the purposes specified by statute. Hinman
v. Sen Dist., 4/168. See section 67, 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 en-
suing year as shall be determined by the qualified voters of the district at
60 e /417 meeting. Cleveland v. Amy, 88/374; Moiles v. Watson,
MISCELLANEOUS: Gibson v. Sch. Dist., 36/404. Where a board of
education erects a school building in such manner that ice and snow must
inevitably slide from the roof into plaintiff's premises, there being no suffi-
cient barrier to prevent, and fails, after notice, to remedy the defect, it may
be held liable to him for injuries sustained in falling upon ice so precipi-
GENERAL SCHOOL LAWS. 23
tated, the trespass being the proximate cause of the injury. Ferris v. Board
of Education of Detroit, 122 / 315. The neglect or refusal of the electors
of a township to vote the amounts necessary to be raised for township and
school purposes is sufficiently shown, within the statutes authorizing the
township board and the board of education, respectively, to vote the same
in such case, by a recital in the resolutions of the several boards voting such
taxes, that the attention of the electors present at the annual meeting was
called to the matter of voting upon such questions, and that they failed,
neglected, and refused to vote such sums as were necessary. Weston Lum-
ber Co. v. Township of Munising. 123 / 138. Where the legislature divides
a district and provides for a distribution of property, the new district is not
entitled to share in primary school interest fund at the following apportion-
ment, though based upon reports of previous year. A district which does
not maintain school for at least three months (now five months) is not
entitled to share in apportionment of primary school interest fund. Decker-
ville School District v. District No. 3 of Marion, 131/272. A school dis-
trict which had provided *by resolution for the seating of a schoolhouse is
estopped to question the validity of a contract signed by the director only,
where other officers paid the freight bills and the seats had been in use fifteen
months. Jones v. Sch. Dist. No. 3 of losco, 110/363. District board
bought furniture. At following annual meeting voters made no objection.
Held a ratification of the contract though act of board was not authorized.
Haney Sch. Fur. Co. v. Sch. Dist. No. 1 Crystal Lake Twp., 133 / 241.
School district cannot appropriate surplus one mill tax to general purpose
before end of year. Bonhagel v. Sch. Bd. of Dist. No. 1, Bronson & Bethel
Twps., 134/455.
CHAPTER III.
DISTRICT BOARD AND OFFICERS.
(47) 4666. SECTION 1. At the first meeting in each Election of
school district there shall be elected by ballot a moderator officers.
for the term of three years, a director for two years, and a
treasurer for one year ; and on the expiration of their re- Term of
spective terms of office, and regularly thereafter at the an- mce -
nual meetings, their several successors shall be elected in like
manner for a term of three years each. The time intervening
between the first meeting in any school district and the first
annual meeting thereafter shall be reckoned as one year.
A c f- i65 t 1901, amending Act 164, 1881, changes the word assessor
to treasurer. See section 52.
OFFICERS : The officers of a primary school district consist of a modera-
tor, director and assessor. These officers 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 as are conferred upon them by statute ; and as no compensation for
their official services has been provided [as the law stood prior to 1859] or
in any manner authorized by statute, none can be legally claimed or re-
covered. Hinman v. Sch. Dist., 4 / 168. The provisions relative to the elec-
tion of school district officers by ballot are mandatory; but where they were
unanimously 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 / 290.
BALLOT : All ballots cast under statutory requirements are formal i
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.
(48) 4667. SEC. 2. A school district office shall be- when school
come vacant immediately upon any of the following events: S of
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;
GENERAL SCHOOL LAWS.
Vacancies,
how filled.
Term of
office.
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;
9 Eighth, His ceasing to be a taxpayer in the^school district;
Ninth, Upon the expiration of twenty days after failure
of the district to elect a successor at the annual meeting, at
the expiration of which period the board of school inspectors
shall appoint such successor.
Am. 1903, Act 21 ; 1907, Act 01. %
(49) 4668. SEC. 3. In case any one of the district offices
becomes vacant, the two remaining officers shall immediately
fill such vacancy; or in case two of the offices become vacant,
the remaining officer shall immediately call a special meet-
ing 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 township board of the township to which
the annual reports of such district are made shall fill such
vacancies. Any person elected or appointed to fill a vacancy
in a district office shall hold such office until the next suc-
ceeding annual meeting, at which time the voters of the dis-
trict shall fill such office for the unexpired portion of the
term.
Am. 1909. Act 83.
Johnston v. Mitchell, 120/589.
(50) 4669. SEC. 4. Any qualified voter in a school
district whose name appears upon the assessment roll and
who is the owner in his own right of the property so assessed
shall be eligible to election or appointment to office in such
school district: Provided, That where a husband and w r ife
own property jointly, regardless of the name which appears
upon the assessment roll, if otherwise qualified, each shall be
eligible to election or appointment to school office.
Am. 1899, Act 184 ; 1909, Act 83.
(51) 4670. SEC. 5. Within ten days after their elec-
tion or appointment the several officers of each school district
shall file with the director written acceptances of the office to
which they have been respectively elected or appointed, ac-
companied by an affidavit, properly acknowledged, that they
are qualified voters, that their name appears on the assess-
ment roll, and that they are the owners in their own right of
the property so assessed, and such acceptances and affidavits
shall be entered in the records of the district by said director.
Am. 1903, Act 21.
Who eligible
to election or
appointment.
Proviso, hus-
band and
wife.
To file ac-
ceptances.
GENERAL SCHOOL LAWS. 25
(52) 4671. SEC. 6. The moderator, director, and treas- District board
urer shall constitute the district board. Meetings of the of h mab e e ings
board may be called by any member thereof by serving on the called -
other members a written notice of the time and place of such
meeting at least twenty-four hours before such meeting is
to take place; and no act authorized to be done by the dis-
trict board shall 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.
Am. 1901, Act 165.
A teacher cannot be hired by two members of the board without the con-
currence of the third and without convening any meeting of the board.
Hazen v. Lerche, 47 / 626. A school teacher can be employed only by the
action of a district board at a meeting of the board. Parol evidence is not
admissible to show that the record of the meeting made by the director is
not true. Cowley v. Sch. Dist. No. 3, Harrisville, 130 / 634.
(53) 4672. SEC. 7. The said district board shall pur-
chase a record book and such other books, blanks and station- record
ery as may be necessary to keep a record of the proceedings of books - etc -
the district meetings and of the meetings of the board, the
accounts of the treasurer, and for doing the business of the
district in an orderly manner.
Am. 1903, Act 49.
Officers having charge of school records are required to furnish proper
facilities for the examination or copying of the same. See Act No. 76, P. A.
1903.
See School Dist v. Snell, 24/353.
(54) 4673. SEC. 8. The district board shall purchase Board to
purchase, etc.,
or lease, in the corporate name of the district, such sites for site, and build,
schoolhouses as shall have been lawfully designated, and ho C use. chc
shall build, hire, or purchase such schoolhouses as may be
necessary out of the fund provided for that purpose, and
make sale of any site or other property of the district when
lawfully directed by the qualified voters; but no district in Necessity of
any case shall build a stone or brick schoolhouse upon any to site
site without having first obtained a title in fee to the same,
or a lease for ninety -nine years; nor shall any district build
a frame schoolhouse on any site for which they have not .1
title in fee or a lease for fifty years, without securing the
privilege of removing the said schoolhouse when lawfully
directed so to do by the qualified voters of the district at any
annual or special meeting, when lawfully convened.
TITLE IN FEE : A lease to a school district "during the time it is used
for school purposes" is a lease in perpetuity at the will of the lessee. Since
the lessee is a corporation and words of inheritance are not required, the
lease, if a present consideration is paid, operates as a bargain and sale and
conveys a base or determinable fee. This is sufficient to satisfy the provi-
sions of the school law. Sch. Dist. v. Everett, 52 / 314.
LEASES : Schoolhouse on leased land belongs to district and may be re-
moved within reasonable period. Hayward v. Sch. Dist., 139/539.
(55) 4674. SEC. 9. It shall be the duty of the district Duty of
board to estimate and vote the amount of money necessary to
be raised in addition to other school funds for the entire
support of the schools, for the purposes of teachers' wages,
4
26
GENERAL SCHOOL LAWS.
Teachers'
wages fund,
how ac-
counted.
Proviso,
unused
surplus.
Further
proviso.
Taxes, how
reported.
Amount may
borrow in
anticipation.
School board
when to re-
port taxes
voted.
water supply, and such other expenses as are incidental and
necessary in order that the schools may be properly con-
ducted, for deficiencies in such funds for the preceding year,
if any, and for the services of district officers. All primary
money and mill tax shall be accounted for under the title of
"Teachers' wages fund." All taxes voted for teachers' wages,
incidentals and deficiencies and services of officers, when col-
lected and received, shall be accounted for under the title of
the general fund : Provided, That if at the close of the school
year there is an unused surplus of one mill tax raised for
that year, the board shall have authority to transfer such
surplus to the general fund : Provided further, That the tax
for the services of district officers herein provided for, in dis-
tricts having less than fifty children, shall not exceed twenty-
five dollars, and in districts having between fifty and one
hundred children the tax shall not exceed fifty dollars. When
the taxes herein provided for have been estimated and voted
by the district board they shall be reported for assessment
and collection the same as other district taxes. When any
tax has been estimated and voted by the district board or by
the district under the provisions of law and the money is
needed before it can be collected, the district board may
borrow on the strength of such tax a sum not exceeding the
total of such tax.
Am. 1907, Act 91; 3909, Act 83.
(56) 4675. SEC. 10. The district board, or board of
education, shall, between the second Monday in July and the
first Monday in August 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.
Am. 1905, Act 36.
B r a moneT ^ 4676> SEC ' 1:L The district board shall apply
accordin| ys 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 in-
terest fund, nor from the one-mill tax except as provided by
law shall be appropriated to any other use than the payment
of teachers' wages, and no part thereof shall be paid to any
teacher who shall not have received a certificate of qualifica-
tion from proper legal authority before the commencement
s S c e hoois a barred of his sch o1 - N <> school district shall apply any of the
mo 1 n 1 eys blic monevs received by it from the primary school interest fund,
or from any and all other sources, for the support and main-
GENERAL SCHOOL LAWS. 27
tenance of any school of a sectarian character, whether the
same be under the control of any religious society, or made
sectarian by the school district board.
Proof of qualification. Sch. Dist. v. Cook, 47 / 112.
(58) 4677. SEC. 12. Said board shall present to the
district, at each annual meeting, a report in writing, contain- reports.
ing an accurate statement of all moneys of the district re-
ceived by them, or any of them, during the preceding year,
and of the disbursements made by them, with the items of
such receipts and disbursements. Such report shall also con- Contents of.
tain a statement of all taxes assessed upon the taxable prop-
erty of the district during the preceding year, the purposes
for which such taxes were assessed, and the amount assessed
for each particular purpose, and said report shall be entered
by the director in the records of the district.
" (59) 4678. SEC. 13. The district board shall hire and Board
contract with such duly qualified teachers as may be re- teachers.
quired; and all contracts shall be in writing and signed by a contracts.
majority of the board in behalf of the district. Said con- School register
tracts shall specify the wages agreed upon and shall require to be kept>
the teacher to keep a correct list of the pupils, grading and
the age of each, attending the school, and the number of days Record of
each pupil is present, the aggregate attendance, average daily at
attendance and percentage of attendance, and to furnish 'the
director with a correct copy of the same at the close of school.
Said contract shall be filed with the director and a duplicate Contract to
copy of the contract shall be furnished to the teacher. No e fil ^ d '
contract with any person not holding a legal certificate of have iegaT us
qualification then authorizing such person to teach shall be certificate -
valid, and all such contracts shall terminate if the certificate
shall expire by limitation and shall not immediately be re-
newed, or if it shall be suspended or revoked by proper legal
authority. A school month within the meaning of the school School
laws shall consist of four weeks of five days in each week, defined,
unless otherwise specified in the teacher's contract.
Am. 1901, Acts 62 and 146.
HIRE AND CONTRACT : The district in its corporate capacity is a neces-
sary party to the contract. Wall v. Eastman, 1 / 270. A teacher can be
lawfully employed only by convening the board. Hazen v. Lerche, 47 / 626.
Contracts may be made before 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 122.
Id. 376. Where a contract was signed by the director and the teacher, the
moderator wrote "approved" upon it and subscribed it as moderator, such
approval and signature was treated as, in legal effect, a signing of the con-
tract. 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
28
GENERAL SCHOOL LAWS.
the acquiescence of all concerned, cannot be subsequently repudiated. Id.
The provision that the contract shall require the teacher to keep a list of
the pupils, etc., is merely directory. Its omission will not invalidate the
contract. Everett v. Sch. Dist., 30 / 249. A district school board cannot
discharge a teacher for incompetency, in the absence of a provision to that
effect in the contract. Carver v. Sch. Dist., 113 / 524. Where a contract
has been terminated by the board, mandamus will not lie to review the
board's action and compel payment of salary claimed under the contract.
Coffin v. Detroit Bd. of Ed., 114 / 342 ; Langston v. Sch. Dist. No. 3 of
Springwells, 121 / 654. A resolution to hire does not constitute a contract.
All contracts must be in writing. Langston v. Sch. Dist. No. 3 of Spring-
wells. 121 / 654.
QUALIFIED TEACHER : A teacher suing for his wages need not make
profert of his certificate, but the granting of it may be proved by parol.
Sch. Dist. v. Cook, 47 / 112. Normal school certificate not filed or recorded
In the proper office (see How. 4969) until after contract made. Smith v.
Sch. Dist., 69 / 591. Since the statute makes invalid a contract, where the
teacher holds no legal certificate, such contract cannot be made the basis of
a recovery of salary. Bryan v. Sch. Dist., Ill / 67.
HOLIDAYS AND INTERRUPTIONS: Teaching contracts for stated per-
iods, are subject to the observance of recognized holidays and there can be
no deductions for such occasions from a teacher's wages. Sch. Dist. v. Gage,
39/484; Holloway v. Sch. Dist, 62/156. Suspension of school during the
prevalence of smallpox is no defense to the payment of the teacher's wages
for the time the school is closed. Dewey v. Sch. Dist., 43 / 480. Payment
of wages after the burning of the schoolhouse. Smith v. Sch. Dist., 69 / 589.
WAGES NOT GARNISHABLE: A teacher's wages cannot be reached by
garnishment. Sch. Dist. v. Gage, 43/484.
CONTRACTS : Under this section, providing that school teachers' con-
tracts shall be In writing, and signed by a majority of the district board, and
shall specify the wages, etc., a resolution of a school board authorizing the
employment of a specified person, though supplemented by conversations be-
tween such person and individual members of the board in respect to the
terms of employment, and by the action of the person designated in appear-
ing at the school at the opening of the term, and teaching for two days
without objection, does not constitute a contract of hiring binding upon the
district. Langston v. Sch. Dist. No. 3 of Springwells Twp., 121 / 654.
Under a teacher's contract providing that she should teach certain terms at
a stipulated salary "providing satisfaction is given to the school board" the
board had a right to say whether she should teach the spring term, and
she having been notified of their determination not to employ her before
the time for the term to commence she could not recover her salary though
before notice she had taught one day under a claim that the spring term
had begun. Kingston v. Sch. Dist. No. 5, Decatur Twp., 140/603. When
a teacher's contract provides that it may be terminated on thirty days'
notice, a notice to terminate is effectual though given before the commence-
ment of service and it is within the powers of the board of education to
make such contract. Dees v. Board of Education of Detroit, 146 / 64.
Under the above section, requiring all contracts by school district boards
with teachers to be in writing, an oral contract with a teacher to continue
the school for a month after the expiration of his written contract is not
enforceable, though such teacher has performed the services. Hutchins v.
School District No. 1 of Coif ax Township, 128/177.
CONTRACTS AND QUALIFIED TEACHERS : A contract between a
teacher and a graded school district is invalid, unless the teacher, at the
time of making the contract has the certificate required by section 176,
authorizing her to teach during the term covered by the contract ; obtain-
ing a certificate after the making of the contract, and before the commence-
ment of school, is not a compliance with the statute. McCloskey v. Sch. Dist.
No. 5 Wheatland, 134/235.
Care and use (60) 4679. SEC. 14. The district board shall provide
house a water supply for pupils, have the care and custody of 'the
schoolhouse and other property of the district, except so far
as the same shall by vote of the district be especially confided
to the custody of the director, including all books purchased
for the use of indigent pupils, and shall open the schoolhouse
for public meetings unless by a vote at a district meeting it
el du d de m pJbiic sha11 be determined otherwise: Provided, That said board
m * J exclude such public meetings during the five school days
of each week of any and all school terms, or such parts there
of as in their discretion they may deem for the best interest of
the schools.
GENERAL SCHOOL LAWS. 29
Am. 1901, Act 146.
The board has the care and custody of all the property and moneys of
the district, except what may be especially confided to the director. Manard
v. Woodward, 36 / 424 ; Eckhardt v. Darby, 118 / 199.
(61) 4680. SEC. 15. The district board shall specify s B p e a J f d y to
the studies to be pursued in the schools of the district [dis- studies,
tricts], and in addition to the branches in which instruction et
is now required by law to be given in the public schools of the
state, instruction shall be given in physiology and hygiene,
with a special reference to the nature of alcohol and nar-
cotics, and their effects upon the human system. Such in-
struction shall be given by the aid of text books in the cass
of pupils who are able to read, and as thoroughly as in other
studies pursued in the same school. The text books to be Kind b of okg
used for such instruction shall give at least one-fourth of toVe used.
their space to the consideration of the nature and effects of
alcoholic drinks and narcotics, and the books used in the
highest grade of graded schools shall contain at least twenty
pages of matter relating to this subject. Text books used in Text-books,
giving the foregoing instructions shall first be approved by approved,
the state board of education. Each school board making a etc -
selection of text books under the provisions of this act shall
make a record thereof in their proceedings, and text books once
adopted under the provisions of this act shall not be changed
within five "years, except by the consent of a majority of the
qualified voters of the district present at an annual meeting,
or at a special meeting called for that purpose. The district
board shall require each teacher in the public schools of such teacher to
district, before placing the school register in the hands of the ce
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 Punishment
to comply with any of the provisions of this act shall be sub- f
ject 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.
Western Pub. House v. Sch. Dist., 94 / 265. This section applies to city
schools organized under a special charter which does not provide for an an-
nual school meeting. Jones v. Board of Ed. of Detroit, 88 / 373. The power
to adopt text-books is conferred by law and cannot be affected by any rule
of the board of education fixing a time for the reconsideration of motions
and resolutions. Id. 347. As to suspensions of by-law regulating adoption
of text-books, see Kendall v. Board of Education, 106 / 681.
TEXT-BOOKS : The provision of the law that text-books once adopted
shall not be changed within five years, was designed to protect the public
and not for the benefit of book publishers. A resolution of the board di-
recting the purchase of a specified number of text-books for use in the school
constituted an adoption of that book. The five years began to run from
the date of such resolution, not from the time the books were completely
Installed in the school. The provisions of the statute that all text-books
shall be uniform in any one subject, requires uniformity in the books used
in the same grade only, and does not require that all text-books used in the
different grades on the same subject shall be of the same series. A resolution
30
GENERAL SCHOOL LAWS.
of the board to purchase certain text-books for "supplementary use'' shows
no intention to adopt, and Js illegal and void. Att'y Gen. ex rel. Marr v.
Bd. Edu. Detroit, 133/681.
Purchase of
books for
poor children
Board to
establish
rules for
schools.
May suspend
or expel ;cj
disorderly
pupils.
Penalty for
disturbing
school.
(62) 4681. SEC. 16. The district board may purchase
at the expense of the district, such text books as may be nec-
essary for 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.
(63) 4682. SEC. 17. The district board shall have the
general care of the school, and shall make and enforce suit-
able rules and regulations for its government and manage-
ment, and for the preservation of the property of the district.
Said board may authorize or order the suspension or expul-
sion from the school, whenever in its judgment the interests
of the school demand it, of any pupil guilty of gross mis-
demeanor or persistent disobedience. Any person who shall
disturb any school by rude and indecent behavior, or by pro-
fane or indecent discourse, or in any other way make such dis-
turbance, shall, on conviction thereof, be punished by a fine
not less than two nor more than fifty dollars, or by imprison-
ment in the county jail not exceeding thirty days.
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 guilty of
some wilful or malicious act of detriment to the school and the misconduct
must be gross something more than a petty or trivial offense against the
rules or he must be persistent in his disobedience of the proper and reason-
able rules and regulations of the school. A boy cannot be expelled or sus-
pended for a careless act, no matter how negligent, if it is not wilful or
malicious. Holman v. Sch. Dist.. 77 / 609.
MISDEMEANOR : The meaning of the word ''misdemeanor" in this sec-
tion is gross misconduct or gross misbehavior, not necessarily a criminal act.
Holman v. Sch. Dist., 77/606-7.
The ruling of the school board of 1894 required all children to be vac-
cinated before attending the public school. George Mathews, having three
children of school age who had not been vaccinated, brought mandamus pro-
ceedings in the circuit court to compel the school board to admit the chil-
dren to the public school. Held, that school board under this section had no
authority to compel children to be vaccinated before entering public school.
It is the opinion of the court, however, that in case there had been an
epidemic of smallpox in the city at that time the board would have the
authority to temporarily close the school, or say who shall be excluded from
the school until the epidemic is passed. A school district board, by virtue
of the authority conferred on it by statute to enact rules for the manage-
ment of the schools, has no power to adopt a general, continuing rule, opera-
tive without regard to varying conditions, excluding from the schools all
pupils who have not been vaccinated. Mathews v. Kalamazoo Board of Edu-
cation, 127/530.
RULES: A board of education under authority of the statute has power
to make rules requiring children to go directly home after school. A prin-
o p o / -.I liable for damages who enforces such a rule. Jones v. Cody,
lo^ / lo
Who can at-
tend school.
No separate
school on
account of
race, etc.
Grading not
prevented.
(64) 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 de-
partment 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.
It is the requirement of the general law that the right to attend the
GENERAL SCHOOL LAWS. 31
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 in-
stance of a father to compel the admission of his child to school. Id.
(65) 4684. SEC. 19. The district board may admit to gj|gt
the district school non-resident pupils, and may determine the aXnit S non- y
rates of tuition of such pupils and collect the same, which ptf P u e s nt
tuition shall not be greater than fifteen per cent more than
the average cost per capita for the number of pupils of school
age "in the district. Children who are being cared for at children who
county expense shall be admitted to the school in the district chlrgeto n be
whose schoolhouse is nearest the county house, on the same admitted -
terms that other non-resident pupils are admitted. When
non-resident pupils, their parents or guardians, pay a school
tax in said district, such pupils shall be admitted to the
schools of the district, and the amount of such school tax
shall be credited on their tuition a sum not to exceed the
amount of such tuition, and they shall only be required to pay
tuition for the difference therein.
TUITION : Before any action can be maintained for the tuition of non-
resident 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.
(66) 4685. SEC. 20. It shall be the duty of the moder- Duties,
ator of each school district:
First, To preside, when present, at all meetings of the dis- TO preside,
trict and of the board;
Second, To countersign all orders legally drawn by the countersign
director upon the treasurer for moneys to be disbursed by the orders etc -
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 when to
the district on the treasurer's bond, in case of any breach of Sn treasur-
any condition thereof; er'sbond.
Fourth, To perform such other duties as are or shall be by
law required of the moderator.
Am. 1903, Act 49.
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.
Where an order purports upon its face to be issued by a school district, and
is signed by the school officers in the ordinary place for signatures, and at
the left, in fine print, are the words, "Issued by authority of the officers
of said district, and payment guaranteed," and a space left underneath for
the signatures of the guarantors. Held, That the purchaser took the order
subject to the authority of the school district to issue. That such school
officers are not liable as guarantors. Bailey v. Tompkins, 127 / 74.
32
GENERAL SCHOOL LAWS.
DIRECTOR.
Director,
duties.
To record
proceedings.
Notice of
meetings.
Warrants
and orders.
Teachers'
contracts.
Appendages.
What
constitutes.
Other
apparatus.
To keep
accounts.
Estimate of
expenses.
To preserve
reports.
(67) 4686. SEC. 21. It shall be the duty of the director
of each school district :
First, To act as clerk, when present, at all meetings of the
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
meeting, and of all such special meetings as he shall be
required 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 ap-
portioned to the district by the township clerk, payable to
the treasurer of the district, and orders upon the treasurer
for all moneys to be disbursed by the district, and present
them to the moderator, to be countersigned by that officer.
Each order shall specify the object for which and the fund
upon which it is drawn;
Fifth; To draw and sign all contracts with teachers, when
directed by the district board, and present them to the other
members of the board for further signature;
Sixth, To provide the necessary appendages for the school-
house and keep the same in good condition and repair during
the time school shall be taught therein. Necessary append-
ages within the meaning of the 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
dollars, and a case for library books not exceeding ten dol-
lars; also a looking-glass, comb, towel, water pail, cup,
ash pail, poker, stove shovel, broom, dust pan, duster, wash
basin and soap, and upon the order of the district board shall
furnish the schoolhouse with such other apparatus as may be
necessary for doing efficient work;
Seventh, To keep an accurate account of all expenses in-
curred by him as director, and such accounts shall be audited
by the moderator and treasurer, and on their written order
shall be paid out of any money provided for the purpose;
Eighth, To present at each annual meeting an estimate of
the expenses necessary to be incurred during the ensuing
year by the director as provided by law, and for the payment
of the services of any district officer;
Ninth, To preserve and file copies of all reports made to the
school inspectors and safely preserve and keep all books,
papers and other documents belonging to the office of director
or to the district, when not otherwise provided for, and to
deliver the same to his successor in office;
GENERAL SCHOOL LAWS. 33
Tenth, To perform such other duties as are or shall be re- other duties.
quired of the director by law or the district board.
\
Am. 1901, Act 165 ; 1909, Act 173.
SECOND : Proceedings which are required to be recorded cannot be proved
by parol. Thompson v. Sch. Dist., 25 / 488.
FOURTH : The warrant for payment by the treasurer to the assessor of
moneys belonging to the district is an official order for the transfer of funds,
not negotiable and not legally payable to any person but the officer named.
Fox v. Shipman, 19 / 218 ; Burns v. Bender, 36 / 195. See Sch. Dist. v. Mal-
lary, 23 / 111 ; Sch. Dist. v. Sch. Dist., 40 / 551. The duty of procuring this
transfer of district moneys, within some reasonable time is not discretionary,
but absolute, upon the director, and the moderator is bound to countersign
all orders of the director for that purpose. Burns v. Bender, 36/197. The
township treasurer must pay so much of the money in his hands as is cov-
ered by the director's warrant in proper form, even though it does not specify
a precise sum, but is for all such money in his hands as was raised for the
purposes of the district. Bryant v. Moore, 50 / 225. The disbursement of
all school moneys must be made upon orders drawn on the assessor by the
director, countersigned by the moderator. Burns v. Bender, 36 / 195 ; Mid-
land Sch. Dist. v. Sch. Dist., 40 / 551 ; Sch. Dist. v. Mallary, 23 / 111.
SIXTH: See section 46 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
schoolhouse in order and repair. Twp. Board of Hamtramck v. Holihan,
46/127.
SEVENTH : Assumpsit will lie in favor of the director of a school dis-
trict 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.
^ (68) 4687. SEC. 22. It shall be the duty of all school School board
boards and boards of education in this state to make an an- innmu Census.
riual school census in their respective districts or cities as is
provided in this section :
First, In all school districts, except in incorporated cities when taken.
having a population of three thousand or over, w r ithin fifteen
days next previous to the first Monday in June of each year,
the director, or such other reputable and capable person or who to make
persons as the district board may appoint, shall take the enumeration.
school census of the district and make a list in writing of Data required,
the names and ages of all the children who "are five years of
age, and under twenty years of age, w r hose parents or legal
guardians reside therein, the names of said parents or guard-
ians, giving street and residence number in villages and cities,
in such form as the superintendent of public instruction may
prescribe, and said list shall be verified by the oath or affirma- List verified
tion of the person taking such census, by affidavit appended bv oath -
thereto or indorsed thereon, setting forth that it is a correct
list of the names of all the children between the ages afore-
said residing in the district. Said affidavit may be made
before the township clerk or other officer authorized by hnv
to take acknowledgments; and said verified census list shall when
be returned with the annual report of the director to the returned -
township clerk before the first Monday in August thereafter.
The director, or other person employed by the board of edu Compensation.
cation, may receive as compensation for taking said census,
such sum as the school board may direct, not exceeding one
hundred dollars.
Second, In all incorporated cities or special legislative dis- in cities,
trict having a population of three thousand or over, within
5
34
GENERAL SCHOOL LAWS.
Taken by
wards.
Data required
List verified.
Certain
children not
included.
Exceptions.
dence.
Indian
children.
Domestics,
etc.
Cities, when
census com-
piled.
Affidavit of
secretary.
When trans-
mitted to
Supt. Public
Instruction.
twenty days next previous to the first Monday in June of
each year/ the secretary of the board of education, or other
reputable and capable person or persons employed by the
board of education, shall take the school census of such city
as follows:
(a) The census shall be taken and reported by wards.
(b) Each enumerator shall make a list in writing of the
names and ages of all children who are five years of age and
under twenty years of age, whose parents or legal guardians
reside in the ward or portion of the ward allotted to said
enumerator, together with the names of said parents or legal
guardians, giving the street and residence number in each
case, said list to be in such form as the superintendent of
public instruction may prescribe, and it shall be verified by
the oath or affirmation of the person making the same, by,
affidavit appended thereto or indorsed thereon, setting forth
that it is a correct list of the parents or legal guardians, their
street and residence number, the names and ages of all the
children between the ages aforesaid residing in the ward or
part thereof as allotted to him.
Third, In taking the census in any school district or city,
the director or enumerators shall not include in the census
the names of any child or children in reformatories or pris-
ons; nor the names of any child or children in asylums, alms-
houses, or other charitable institutions, except as follows:
(a) Children in such institutions who regularly attend
the public schools.
(b) Orphans whose parents at the time of death resided
in such school district or city.
Children of either class shall be included in the district
or ward where such institution is located, except children in
class (a) where' the parents, or either of them, reside in the
city or district, and in such cases the legal residence of the
child is that of the parent. Indian children shall not be in-
cluded in any census, unless they attend the public school
or' their parents are liable to pay taxes in the district or
city. Domestics, bell boys and other servants, if entitled to
be included in the census, must be recorded at the residence
of their parents or legal guardians.
Fourth, In cities having a population of three thousand
or over, the secretary of the board of education and the sev-
eral enumerators shall, immediately after the first Monday
in June in each year, compare, correct and compile the entire
census. The said secretary of the board of education shall
then attach thereto his affidavit that the several enumerators
were duly employed by the board of education and that said
census has been properly compared, corrected and compiled ;
and forthwith, and before the second Monday in July there-
after, transmit to the superintendent of public instruction
the entire census, together with his affidavit and the affidavits
of the several enumerators, and at the same time he shall
GENERAL SCHOOL LAWS. 35
transmit to said superintendent the annual statistical and
financial report of said city or district.
Am. 1903, Act 218; 1905, Act 36.
(69) 4688. SEC. 22a. Any person who shall refuse to |J$|J^ a ^J
give any census enumerator of school children the necessary mformation
information for the compiling of a correct census or who shall census. 001
intentionally give to such enumerator any false information
as to the names or ages of school children or as to the names
or residence of the parents or guardians of any school child-
ren, or any school census enumerator who shall perform his
duties carelessly or negligently or shall include in the list of
names of school children any children who are not actually
residents of the city or district, shall be guilty of a misde-
meanor, and upon conviction thereof in a court of competent
jurisdiction, shall be liable to a fine of not less than five dol-
lars nor more than fifty dollars, or to imprisonment in the
county jail for not more than twenty days, or both such fine
and imprisonment in the discretion of the court.
Am. 1905, Act 208.
(70) 4689. SEC. 23. The director shall also, at the Report to
school mspec-
end of the school year, and previous to the first Monday in tors, what
August in each year, deliver to the township clerk, to be filed tf
in his office, a report to the board of school inspectors of the
township, showing :
First, The whole number of children belonging to the dis
trit't 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 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.
Am. 1905, Act 36.
36
GENERAL SCHOOL LAWS.
Where
director of
fractional
district to
report.
(71) 4690. SEC. 24. The director of each fractional
district shall make his annual report to the clerk of the town-
ship in which the schoolhouse is situated, and shall also re-
port to the clerk of each township in which the district is in
part situated, the number of children between the ages of five
and twenty years in that part of the district lying in such
township.
Duty of
treasurer.
To execute
bond.
Premium,
form of
bond. etc.
Filing of
bond.
Proviso, de-
positing of
funds, interest
where credited.
To pay
orders.
Receipts
and dis-
bursements.
Yearly
report.
TREASURER.
(72) 4691. SEC. 25. It shall be the duty of the treas-
urer of each school district :
First, To execute to the district and file with the director,
within ten days after his election or appointment, a bond in
the full amount of money to come into his hands during each
year of his term of office, as near as the same can be ascer-
tained, with two or more sureties, each of whom shall be
required to justify in writing and under oath to the amount
for which he is holden in said bond ; or the treasurer may fur-
nish the bond of some surety company authorized to do busi-
ness in this state. The premium on said surety bond, if pur-
chased, shall be paid by the district; the form of the bond,
the penalty and sufficiency of the sureties to be subject to
the approval of the moderator and director, conditioned for
the faithful performance of his duties and the proper applica-
tion of all moneys that shall come into his hands by virtue
of his office. Said bond shall be filed with the director, and
none of the books or money of the district shall be placed in
the hands of the treasurer until his bond has been so approved
and filed, and in case of any breach of the conditions thereof
the moderator shall cause a suit to be commenced thereon in
the name of the district, and any moneys collected thereon
shall be paid into the township treasury subject to the order
of the district officers, and shall be applied to the same pur-
poses as the moneys lost should have been applied by the
treasurer: Provided, That if the treasurer shall deposit the
money in any bank or trust company authorized to do busi-
ness in this state, such deposit shall "be made in his- name as
treasurer of the district, and any and all interest paid by such
bank or company on such deposits shall be accounted for by
the treasurer to the district and credited to the general fund;
Second, To pay all orders of the director, when lawfully
drawn and countersigned by the moderator, out of any
moneys in- his hands belonging to the fund upon which such
orders may be drawn;
Third, To keep a book in which all moneys received and
disbursed shall be entered, the sources from which the same
have been received, and the persons to whom and the objects
for which the same have been paid;
Fourth, To present to the district board at the close of
the school year a report in writing, containing a statement
of all moneys received during the preceding year and of each
GENERAL SCHOOL LAWS. 37
item of disbursements made, and exhibit the voucher there-
for;
Fifth. To appear for and on behalf of the district in all TO appear
, . . . for district.
suits brought by or against the same when no other directions
shall be given by the qualified voters in district meeting, ex-
cept in suits in which he is interested adversely to the dis-
trict, and in all such cases the moderator shall appear for
such district if no other directions 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 office
of treasurer, together with all district moneys remaining on
hand;
Seventh, To perform such other duties as are or shall
be by law required of the treasurer.
Am. 1901, Acts 62, 165 ; 1903, Acts 21, 49 ; 1907, Act 91 : 1909, Act* 83.
FIRST : An assessor cannot lawfully withhold the district funds in his
hand when demanded by his successor, upon a claim that he is entitled to be
personally notified of such election and acceptance of office. He is charge-
able with notice of such facts and is liable to an action for money had and
received as well as action on his* bond. Mason v. Sch. Dist., 34/228. See
Welch v. Frost. 1 / 30 : also, Bryant v. Moore, 50 / 225.
SECOND: See section 66, subd. 2. and section 67, 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 pay-
ment, 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 satisfied 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 require an assessor to pay a warrant drawn on him
Allen v. Frink, 32 / 96.
FIFTH : The management and control of suits is specially confided to the
assessor, when no other direction is given in district meeting ; the moderator
and director, though constituting a majority of the district board, have no
authority to take the defense of a suit from the assessor. And the voters,
as such, cannot interfere. Sch. Dist. v. Wing. 30/351. See Benalleck v.
People, 31 / 204. An appeal taken in the name of the district without the
authority of the assessor, if he is competent to act, is void. Id. Whether he
is a proper relator for mandamus to compel the moderator to sign the di-
rector's warrants, see Burns v. Bender, 36 / 197.
SIXTH : Deposits in a bank : Where money belonging to a board of
education or a school district is deposited in a bank with the knowledge of
the board and the district receives interest thereon, the district does not be-
come a preferred creditor upon failure of bank. Bd. of Ed. City of Detroit
v. Union Trust Co., 136/454.
LIABILITIES ON BOND: Misconduct of a board of education in ap-
pointing a certain person treasurer in consideration of a promise to pay
interest on funds does not render appointment void nor release sureties. The
depositing of funds in a bank of which the treasurer is an officer does not
make the denosit the board's act so as to release sureties on the treasurer's
bond. Board of Education of Detroit v. Andrews, 142 / 484.
38
GENERAL SCHOOL LAWS.
CHAPTER IV.
Triplicate
reports,
when
township
clerk to
make, etc.
Copies,
where
filed.
Proviso, in
case of
township
district.
Further
proviso,
legally
qualified
teachers.
Primary
money, when
forfeited.
TOWNSHIP CLERK.
(73) 4698. SEC. 7. The township clerk shall receive the
annual reports of the school directors of his township, and on
the first Monday of August in each year he shall make tripli-
cate reports setting forth the whole number of school dis-
tricts in his township, if any, the amount of money raised
and received for school libraries and such other items as shall
from year to year be required by the superintendent of public
instruction, together with the several particulars set forth in
the reports of the several school directors for the preceding
year, and within ten days thereafter he shall forward two
copies of the same, together with two copies of each of the re-
ports from school directors to the county commissioner of
schools and file the other copy or copies of these reports in his
office, and he shall receive all communications, blanks and
documents transmitted to him by .the superintendent of pub-
lic instruction and dispose of the same in the manner directed
by said superintendent : Provided, That in case the town-
ship is organized into a township district or a fractional
township district the board of education of such township
district or fractional township district shall meet on the
first Monday in August and make the triplicate reports to
the superintendent of public instruction, and in such cases
this report shall take the place of the report above provided
for to be made by the township clerk, and the said -board
shall dispose of its reports in the same manner as is pro-
vided for the township clerk: Provided further, That the
county commissioner of schools shall annually send to each
township clerk and to the secretary of each board of educa-
tion a complete list of the legally qualified teachers of the
county, and at the time the township clerk shall make the
triplicate reports herein provided for he shall compare the
list of teachers employed in the township with said complete
list of teachers, and if in any school district or in the town-
ship district a school shall not have been taught for the
time required by law during the preceding year by a legally
qualified teacher, no part of the primary school interest fund
shall be distributed to such district or to such proportional
part of the township, although the report from such district
or township shall set forth that a school or schools have been
so taught, and it shall be the duty of the township clerk or
the board of education, when said board shall make the
reports as hereinbefore provided, to certify all these facts
as to the employment of teachers to the superintendent of
public instruction.
Am. 1900, Act 29.
Sections 1-6. inclusive, and section 8 were repealed by Act 29 of 1909.
GENPiRAL SCHOOL LAWS. 39
(74) 4700. SEC. 9. Each township clerk shall make or Map show-
cause to be made a map of his township, showing by distinct districts? 1
lines thereon the boundaries of each school district and parts
of school districts therein, if such school districts exist, and
shall regularly number the same thereon as established by
proper authority. One copy of such map shall be filed by said copies,
clerk in his office and one other copy he shall file with the w
supervisor of the township. If any division or alteration is Alterations.
at any time made in the boundaries of any district or of any
township district, the township clerk shall within one month
thereafter file a new map and copy thereof as aforesaid show-
ing such changes.
Am. Id.
That certain lands are within a particular school district may be shown
by parol, without producing maps, plats or documents. Brooks v. Fairchild,
36 / 234.
(75) 4701. SEC. 10. It shall be the duty of the town-
ship clerk of each township, on or before the first day of Octo-
ber in each year, to make and deliver to the supervisor of his taxes -
township a certified copy of all statements on file in his office
of moneys proposed to be raised by taxation in each of the
several school districts of the township, if any, for school
purposes, or to be raised by any- township district, whole or
fractional, for such purposes. In case such condition shall i n case of
i i i -i i P i it ,t j i division of
arise, he shall certify to the supervisor the amount to be district,
assessed upon the taxable property of any school district re-
taining the district schoolhouse or other property on the
division of the district as the same shall have been determined
by proper authority, and he shall also certify the same to the
director or secretary of such district and to the director or
secretary of the district entitled thereto.
Am. Id. !
(76) 4702. SEC. 11. On receiving notice from the ^g^} 011 '
county treasurer of the amount of school moneys appor- school
tioned to his township, the township clerk shall apportion the m
same amount to the several districts therein, or to the whole
or fractional township district entitled to the same, in accord-
ance with the statement from the superintendent of public
instruction sent to such township clerk and based upon the
annual report of the school directors or the secretary of the
board of education for the preceding school year, and he shall
file said statement from the superintendent of public instruc-
tion permanently in the records of his office.
Am. Id.
(77) 4703. SEC. 12. Said clerk shall also apportion TO apportion
to the school districts in his township, as required by law, on sc
receiving notice of the amount from the township treasurer,
all moneys raised by township tax, or received from other
40
GENERAL SCHOOL LAWS.
Statement to
township
treasurer.
To notify di-
rectors of
amount ap-
portioned
districts.
sources, for the support of schools ; and in all cases make out
and deliver to the township treasurer a written statement of
the number of children in each district drawing money, and
the amount apportioned to each district, and record the ap-
portionment 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 received by each district to the director
thereof.
TOWNSHIP SUPERVISOR AND TREASURER.
Assessment (78) 4704. SEC. 13. It shall be the duty of the super-
o?dis?r!c tion visor of tne township to assess the taxes voted by every school
taxes. district in his township, and also all other taxes provided for
in this act, chargeable against such district or township, upon
the taxable property of the district or township respectively,
and to place the same on the township assessment roll in the
column for school taxes, and the same shall be collected and
returned by the township treasurer in the same manner and
for the same compensation as township taxes. If any taxes
provided for by law for school purposes shall fail to be as-
sessed at the proper time, the same shall be assessed in the
succeeding year.
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.
Taxes not
assessed at
proper time.
Assessment of
one-mill tax.
Proviso,
when assess-
ment not to
be made.
Moneys ap-
portioned by
town clerk.
(79) 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 district a portion of which may be located in said
township before the first day of September of each year : Pro-
vided, That before the supervisor shall assess said tax he shall
examine the reports of the several school districts in his town
ship for the preceding year and if said reports show, exclus-
ive of funds raised for building purposes, a balance on hand
in any district of a sum equal to or in excess of the amount
paid for teachers' wages in said district during the preceding
year, then said supervisor shall not assess the one-mill tax
upon the property of such district for the ensuing year. All
moneys raised by one-mill tax shall be apportioned by the
township clerk to the district in which it was raised, and all
moneys collected by virtue of this act during the year, on anv r
property not included in any organized district, or in dis-
tricts which have not maintained school for the required
period during the previous year, shall be apportioned to the
several other school districts of said township that did main-
tain school, in the same manner as the primary school interest
GENERAL SCHOOL LAWS. 41
fund is now apportioned. All moneys accruing from the one- in townships
mill tax upon the property of any district in any township SJtrfetsawj
before said district shall have a legal school therein, shall be- formed -
long to the district in which it was raised when such district
shall have maintained school for the required period by a
qualified teacher.
Am. 1905, Act 16.
See Saginaw Twp. v. Saginaw, 9 / 541 ; Twp. of Deerfleld v. Harper, 115 /
678. .
(80) S 4706. SEC. 15. The amount to be assessed upon when district
n , . , . , . , , . . *], is divided,
the taxable property of any school district retaining the certain takes
schoolhouse or other property, on the division of a district, as to be assessed -
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 re-
duction of any tax imposed in the new district on said tax-
able property for school district purposes: Provided, That if Proviso,
the district retaining the schoolhouse shall vote to pay, and
shall pay, before said taxes are assessed, any portion of said
amount to the new district, said amount, as shall be certified
by the moderator and director of the new district to the su-
pervisor, shall be deducted from the amount to be assessed as
provided in this section. When collected, such amount shall
be paid over to the treasurer of the new district, to be applied applied,
to the use thereof in the same manner, under the direction of
its proper officers, as if such sum had been voted and raised
by said district for building a schoolhouse or other district
purposes.
Am. 1901, Act 165.
NEW DISTRICT : The money when collected, must be paid to the assessor
of the new district ; and if wrongfully paid to the old one, the new district
may maintain an action for money had and received, against the old dis-
trict. Sen. Dlst. v. Sch. Dist., 40/551.
(81) 4707. SEC. 16. The full amount of all taxes to g*
be levied upon the taxable property in a fractional school dis- districts.
trict shall be certified by the district board to the township
clerk of each township in which such district is in part situ-
ated, 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 township : Provided, That when there exists a mani- Proviso,
fest difference in the valuation of property assessed in frac-
tional districts, composed of territory in adjoining townships
or counties, such valuation shall be equalized for the specific
purpose by the supervisors of the townships interested at a
joint meeting held for that purpose, on application of either
42
GENERAL SCHOOL LAWS.
In cases of
disagreement
of supervisors
Statement to
township
treasurer.
of the supervisors of said townships. And such supervisors
shall respectively ascertain the proportion of such taxes,- in-
cluding 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 taxes to be placed on their respec-
tive assessment rolls, a supervisor from an adjoining town-
ship shall be called to meet with said supervisors in said
fractional district and assist in equalizing 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 necessary traveling ex-
penses, by the townships in interest.
(82) 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 dis-
trict purposes on the taxable property of each district in the
township, the amount belonging to any new district on the
division of the former district, and the names of all persons
having judgments assessed under the provisions of this act
upon the taxable property of any district, with the amount
payable to such person on account thereof.
(83) 4709. SEC. 18. The supervisor of each township,
on the delivery of the warrant for the collection of taxes to
the township treasurer, shall also deliver to said treasurer a
written statement, certified by him, of the amount of the one-
mill tax levied upon any property lying within the bounds of
a fractional 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.
(84) 4710. SEC. 19. Whenever any portion of a school
district shall be set off and annexed to any other district, or
organized into a new one, after a tax for district purposes
other than the payment of any debts of the district shall have
been levied upon the taxable property thereof, but not col-
lected, such tax shall be collected in the same manner as if no
part of such district had been set off, and the said former dis-
trict, and the district to which the portion so set off may be
annexed or the new district organized from such portion,
shall each be entitled to such proportion of said tax as the
amount of taxable property in each part thereof bears to the
whole amount of taxable property on which such tax is
levied.
Statement to
township
treasurer of
one-mill tax
levied in
fractional
district.
Collection and
apportion-
ment of taxes
on division of
district.
See section 39 and notes.
GENERAL SCHOOL LAWS. 43
(85) 4711. SEC. 20. The township treasurer shall re- School taxes,
tain in his hands, out of the moneys collected by him, after when paid
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.
SCHOOL TAXES : The township treasurer has no right to receive for
school moneys anything which the law has not authorized to be received.
If he does so and receipts for the taxes, he must make good the amount.
Jones v. Wright, 34 / 372 ; Sch. Dist. v. Sch. Dist, 40 / 554. See Elliott v.
Miller, 8 / 132, and notes to section 2353, C. L. 1897. The liability of a
township treasurer for school moneys is distinct from his ordinary liability
for township moneys, and it cannot be released or in any way affected by the
action of the township board. Jones v. Wright, 34 / 372. As to the custody,
etc., of school district moneys, see notes to section 67, subd. 4, and section
72, subd. 1, 2.
Liability of township to Sch. Dist., section 3914, C. L., 1897, provides that
all losses that may be sustained by the default of any township officer in the
discharge of any duty imposed by the act shall be chargeable to the town-
ship. The act charges the township treasurer with the duty of collecting
and paying over all school district taxes. Held, that a township is liable
to a school district for school moneys lost through the defalcation of the
township treasurer. Smith v. Jones, 136 / 532. Designating depository for
township funds, see Act 305, 1909.
(86) 4712. SEC. 21. The township treasurer shall, Township
from time to time, apply to the county treasurer for all school appfy to r tc
and library moneys belonging to his township, or the districts
thereof ; and on receipt of the moneys to be apportioned to moneys.
the districts, he shall notify the township clerk of the amount
to be apportioned.
(87) 4713. SEC. 22. Each treasurer of a township, to Moneys due
the clerk of which the returns of any fractional school dis-
trict shall be made, shall apply to the treasurer of any other
township in which any part of such fractional school .district
may be situated, 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.
CHAPTER V.
COUNTY CLERK AND TREASURER.
(88) 4714. SECTION 1. It shall be the duty of each county clerk
county clerk to receive all such communications, blanks, and depose 1 ? a
documents as may be directed to him by the superintendent
of public instruction, and dispose of the same in the manner
directed by said superintendent.
(89) 4715. SEC. 2. The clerk of each county shall, on county clerk
receiving from the secretary of the county board of school ex- reports!"**!
aminers the annual reports of the several boards of school
inspectors, file the same in his office. On receiving notice Notice of
from the superintendent of public instruction of the amount of p moneys mer
of moneys apportioned to the several townships in his county
44
GENERAL SCHOOL LAWS.
he shall file the same in his office, and forthwith deliver a
copy thereof to the county treasurer.
County treas- (90) 4716. SEC. 3. The several county treasurers
for money? 17 shall apply for and receive such moneys as shall have been ap-
apportioned. portioned to their respective counties, when the same shall be-
come due; 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 treasurer.
To notify
township
clerks of
amounts.
CHAPTER VI.
District may
borrow money
for sites.
Estimate of
amount)
necessary.
May ratify
estimate or
fix new limit.
Proviso as to
bond limit.
Proviso as to
conducting
elections.
BONDED INDEBTEDNESS OF DISTRICTS.
(91) 4717. SECTION 1. Any school district may, by a
majority vote of the qualified voters of said district present
at an annual meeting, or at a special meeting called for that
purpose, borrow money, and may issue bonds of the district
therefor, to pay for a schoolhouse site or sites, and to erect
and furnish school buildings. The district board, or board
of education, shall estimate the amount of money necessary
to be raised and shall state their estimate in the notices of th^
annual or special meeting, at which the question of borrowing
money and issuing bonds shall be submitted to the people;
and at said meeting the voters shall have power to ratify by
the vote aforesaid the estimate of the district board, or board
of education, or to fix a new limit on the amount to be bor-
rowed and for which bonds may be issued : Provided, That no
school district shall issue bonds for an amount greater than
five per cent of the total assessed valuation of said district,
and in districts having one hundred or more children in the
school census the bonded indebtedness shall not exceed
seventy-five dollars per capita of such census, nor shall the
bonded indebtedness of a district extend beyond the period of
fifteen years for money borrowed : Provided further, That in
all proceedings under this section, the district board and one
person selected by the qualified voters present at said meeting
shall constitute a board of inspectors, who shall cause a poll
list to be kept and a suitable ballot box to be used, and the
polls shall be kept open at least two hours. The votes shall be
by ballot, either printed or written, or partly printed and
partly written, and the canvass of the same shall be con-
ducted in the same manner as at township elections, or as far
as the laws governing the same are applicable, and wlien said
laws are not applicable the board of inspectors shall prescribe
the manner in which the canvass shall be conducted.
1 ; Act 165; 1905 ' Act 27 : 1907 ' Ac * 256-
+ " A cor Prate act, which can be taken only by a
two-thirds vo^e, cannot be rescinded by a bare majorlty.-Stockdale y. Sch
GENERAL SCHOOL LAWS. 45
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. The act of the legislature in detaching a part of the terri-
tory of a township and erecting therefrom a new township, of another name
does not have the effect of putting an end to the school district organizations
in the detached territory, and the holder of bonds issued thereafter by a
district in such territory may recover thereon notwithstanding a subsequent
reorganization of the district. Wayne Co. Svgs. Bank v. School District,
1 52 / 440.
(92) 4718. SEC. 2. Whenever any school district shall issuing bonds
have voted to borrow any sum of money, the district board of
such district is hereby authorized to issue the bonds of such
district, in such form, and executed in such manner by the
moderator and director of such district, and in such sums, not
less than fifty dollars, as such district board shall direct, and
with such rate of interest, not exceeding eight per centum per
annum, and payable at such time or times as the said dis-
trict shall have directed.
The statute limits the authority of the board, in issuing bonds, to such as
are authorized by the district ; and, before the board can act, .it has a func-
tion to perform in its nature somewhat judicial. It must pass upon the
question whether the proceedings in voting the bonds are such as will author-
ize 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 com-
pliance with the law. Gibbs v. Sch. Dist., 88 / 337.
(93) 4719. SEC. 3. Whenever any money shall have Voters may
been borrowed by any school district, the taxable inhabitants redeem X bonds.
of such district are hereby authorized, at any regular meeting
of such district, to impose a tax on the taxable property in
such district, for the purpose of paying the principal thus
borrowed, or any part thereof, and the interest thereon, to be
levied and collected as other school district taxes are col-
lected.
(94) 4720. SEC. 4. Any school district, whenever it District may
shall appear that the same can be done on terms advantage j"ay
ous to said district, may borrow money to pay any bonded j^hl^
indebtedness of said district then existing, and issue further
bonds of said district therefor : Provided, That a majority Proviso,
of the qualified voters of said district shall so determine, at
an annual or special meeting called for that purpose; and
that the notice of such meeting, whether annual or special,
shall state the intention to take such vote.
CHAPTER VII.
SUITS AND JUDGMENTS AGAINST DISTRICTS.
(95) 4721. SECTION 1. Justices of the peace shall
have jurisdiction in all cases of assumpsit, debt, covenant,
and trespass on the case against school districts, when the cer
amount claimed, or matter in controversy shall not exceed
46
GENERAL SCHOOL LAWS.
suit against
No execution
to issue
against
district.
one hundred dollars; and the parties shall have the same
right of appeal as in other cases.
As to corporate powers, etc., see note to section 33. Liability for debts
after changes made in districts. See sections 38-39 and notes. Action of
one district against another for money had and received. Sch. Dist. v. bch.
Dist., 40/551.
(96) 4722. SEC. 2. When any suit shall be brought
against a school district, it shall be commenced by summons,
a copy of which shall be left with the treasurer of the district
at least eight days before the return day thereof.
Am. 1901, Act 165.
(97) 4723. SEC. 3. No execution shall issue on any
judgment against a school district, nor shall any suit be
brought thereon, but the same shall be collected in the man-
ner prescribed in this act.
Dutyoftreas- (98) 4724. SEC. 4. Whenever any final judgment
shall be obtained against a school district, if the same shall
not be removed to any other court, the treasurer of the dis-
trict shall certify to the supervisor of the township and to
the director of the district the date and amount of such judg-
ment, with the name of the person in whose favor the same
was rendered, and if the judgment shall be removed to
another court, the treasurer shall certify the same as afore-
said, immediately after the final determination thereof
against the district.
Am. 1901, Act 165; 1903. Act 49.
(99) 4725. SEC. 5. If the treasurer shall fail to cer-
tify the judgment as required in the preceding section, it
shall be lawful for the party obtaining the same, his execu-
tors, administrators, or assigns, to file with the supervisor the
certificate of the justice or clerk of the court rendering the
judgment, showing the facts which should have been certified
by the treasurer.
Am. 1901, Act 165.
When treas-
urer fails to
certify, how
party may
proceed.
How judg-
ment certified
in case of
fractional
district.
Supervisors
to assess
amount of
judgment.
How collected
and returned.
(100) 4726. SEC. 6. If the district against whom any
such judgment shall be rendered is situated in part in two or
more townships, a certificate thereof shall be delivered as
aforesaid to the supervisor of each township in which such
district is in part situated.
(101) 4727. SEC. 7. The supervisor or supervisors re-
ceiving either of the certificates of a judgment as aforesaid
shall proceed to assess the amount thereof, with interest from
the date of the judgment to the time when the warrant for
the collection thereof will expire, upon the taxable property
of the district, placing the same on the next township assess-
ment roll in the column for school taxes; and the same pro-
ceedings shall be had, and the same shall be collected and
returned in the same manner as other district taxes.
GENERAL SCHOOL LAWS. 47
CHAPTER VIII.
SITES FOR SCHOOLHOUSES.
(102) 4728. SECTION 1. The qualified voters of any ^
school district, when lawfully assembled may designate by a how'desig-'
vote of two-thirds of those present, such number of sites as n{
may be desired for schoolhouses and may change the same by
similar vote at any annual or special meeting, or by the same
vote may enlarge any existing site. Whenever the question of Notice of
designating a school site or of changing a school site is to be m
brought before the school meeting, the notice of said meeting
shall state the intention to vote upon such question. When when m-
no site can be established by such inhabitants as aforesaid, ""
the school inspectors of the township or townships in which
the district is situated, upon notification by the district board
that the district is unable to fix a site, 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 alter-
ation afterwards by the inspectors, 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 dis-
trict meeting lawfully called.
Am. 1903, Act 582; 1905, Act 75.
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 91, also Bd. of Education,
Detroit v. Moross, 151 / 625.
TOWNSHIP BOARD : Powers and duties formerly given to school in-
spectors now vests in township board.
(103) 4729. SEC. 2. Whenever a site for a schoolhouse
shall be designated, determined, established - or enlarged in
any manner provided by law, in any school district, and
whenever a site for a schoolhouse shall be designated, de-
termined, established or enlarged by resolution of any board
of education of any city and such board of education or such
school district shall be unable to agree with the owner or
owners of such site upon the compensation to be paid there-
for, or for the land to enlarge the same, or in case such board
of education or such district shall, by reason of any imper-
fection in the title to said site, or land to be added thereto,
arising either from break in the chain of title, tax sale, mort-
gages, levies, or any other cause, be unable to procure a per-
fect, unincumbered title in fee simple to said site, or land
for the enlargement thereof, the board of education or the
district board of such district shall authorize one or more of
its members 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
48
GENERAL SCHOOL LAWS.
Proviso.
estate required by such school district for such site, or for
the enlargement thereof and the necessity for using the same,
which application shall be in writing, and shall describe the
real estate required by such board of education or by such dis-
trict as accurately as is required in a conveyance of real
estate: Provided, That whenever any school district shall
have designated, selected or established in any manner pro-
vided by law and whenever the board of education of any
city shall have designated, selected or established by resolu-
tion a schoolhouse site or land for the enlargement thereof
such selection, designation or establishment shall be prima
facie evidence to said jury of the necessity to use the site so
established.
When jury
to be sum-
moned.
Owner to
be notified.
Notice in
case owner
is unknown.
Am. 1903, Act 182 ; 1909, Act 232.
CONDEMNATION : The jurisdiction to condemn lands for a schoolhouse
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 ques-
tions involved in the taking of private property for public use. see Const.,
Art. XIII.
(104) 4730. SEC. 3. It shall be the duty of such cir-
cuit judge, circuit court commissioner, or justice of the
peace, upon such application being made to him, to issue a
summons or venire, directed to the sheriff or any constable
of the county, commanding him to summon eighteen free-
holders 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 sum-
mons 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, or for the enlargement thereof,
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
before the time specified in such summons or venire for the
jury to appear as hereinbefore mentioned.
Am. 1903, Act 182.
(105) 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 men-
tis, 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
GENERAL SCHOOL LAWS. 49
county where a newspaper is published, once in eacli week
for four successive weeks, which notice shall be signed by the
district board or by the director or treasurer of such dis-
trict, and shall describe the real estate required for such site,
or for the enlargement thereof, 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 personally, or by leaving a copy thereof at his last
place of residence.
Am. 1903, Acts 49, 182.
(106) 4782. SEC. o. It shall be the duty of such judge, Return of
commissioner, or justice, and of the persons summoned as
jurors, as hereinbefore provided, and of the sheriff or con-
stable summoning them, to attend at the time and place
specified in such summons or venire; and the officer who sum-
moned the jury shall return such summons or venire to the
officer who issued the same, with the names of the persons
summoned by him as jurors, and shall certify the manner of
notifying the owner or owners of such real estate, if he was
found; and if he could not be found in said county, he shall
certify that fact. Either party may challenge any of the
said jurors for the same causes as in civil actions. If more
than twelve of said jurors in attendance shall be found quali-
fied 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 free-
holders to make up the number of twelve; and the officer issu- Attachment
ing the summons or venire for such jury, may issue an attach-
ment for any person summoned as a juror who shall fail to Jo
attend, and may enforce obedience to such summons, venire,
or attachment, as courts of record, or justices' courts are
authorized to do in civil cases.
A party present, or represented, at the empaneling of the jury will be
deemed to have waived all objections to the jury, if he makes none then.
Smith v. School Dist, 40 / 143.
(107) 4733. SEC. 6. The twelve persons selected as jury tobe
the jury shall be duly sworn by the judge, commissioner, or sworn -
justice in attendance, faithfully and impartially to inquire,
ascertain and determine the just compensation to be made
for the real estate required by such school district for such
site, or for the enlargement thereof, and the necessity for
using the same in the manner proposed by such school dis-
trict; and the persons thus sworn shall constitute the jury
in such case. Subpoenas for witnesses may be issued, and subpoenas,
their attendance compelled by such circuit judge, commis- wlt
sioner or justice in the same manner as may be done by the
50
GENERAL SCHOOL LAWS.
What jury
to ascertain.
Court to
attach cer-
tificate.
circuit court or by a justice's court in civil cases. The jury
may visit and examine the premises, and from such examina-
tion and such other evidences as may be 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 pur-
pose proposed by such school district, they shall sign a certifi
cate in writing stating that it is necessary that said real
estate, describing it, should be used as a site for a schoolhouse
for such district, or to enlarge its existing site; also stating
the sum to be paid by such school district as the just com-
pensation for the same. The said circuit judge, circuit court
commissioner, or justice of the peace, shall sign and attach
to, and indorse upon the certificate thus subscribed by the
said jurors, a certificate stating the time when and the place
where the said jury assembled, that they were by him duly
sworn as herein required, and that they subscribed the said
certificate. He shall also state in such certificate who ap-
peared 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.
Am. 1903, Act 182.
(108) 4734. SEC. 7. Upon filing such certificates in
the circuit court of the county where such real estate is situ-
ated, such court shall, if it finds all the proceedings regular,
render judgment for the sum specified in the certificate
signed by such jury, against such school district, which
judgment shall be collected and paid in the manner as other
judgments against school districts are collected and paid.
Smith v. Sch. Dist., 40/143. Mandamus will not lie to compel a circuit
judge to overrule his finding that the proceedings taken for the condemna-
tion of a site were irregular and to compel him to enter judgment for the
amount found due. Sch. Dist. v. Judge, 49 / 432.
when owner (109) 4735. SEC. 8. In case the owner of such real
e-money' to estate shall be unknown, insane, non compos mentis, or an in
w1th e ?ounty fant > or cannot be found within such county, it shall be law-
* ful 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 receiving it, to give a receipt or certificate to
the person depositing the same with him, stating the time
when such deposit was made, and for what purpose; and such
county treasurer and his sureties shall be liable on his bond
for any money which shall come into his hands under the
provisions of this act, in case he shall refuse to pay or account
Collection of
judgment.
treasurer.
GENERAL SCHOOL LAWS. 51
for the same, as herein required : Provided, That no such Proviso, how
money shall be drawn from such county treasurer, except Sawn from
upon an order of the circuit court, circuit court commis-
sioner, or judge of probate, as hereinafter provided.
(110) 4736. SEC. 9. Upon satisfactory evidence being
presented to the circuit court of the county where such real m distrct
estate lies, that such judgment, or the sum ascertained and
determined by the jury as the just compensation to be paid by
such district for such site, or for such addition to its site, has
been paid, or that the amount thereof has been deposited ac-
cording to the provisions of the preceding sections, such court
shall, by an order or decree, adjudge and determine that the
title in fee of such real estate shall, from the time of making
such payment or deposit, 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 in the office of the
register of deeds of such county, and the title of such real
estate shall thenceforth, from the time of making such pay-
ment or deposit, be vested forever thereafter in such school
district and its successors and assigns in fee.
Am. 1903, Act 182.
(111) 4737. SEC. 10. Such school district may, at any -Whendistrict
time after making the payment or deposit hereinbefore re- possession.
quired, enter upon and take possession of such real estate
for the use of said district. And it shall be the duty of the ^^to^e
county clerk of said county, on the request of said school dis- issued by
trict, to issue out of and under the seal of the circuit court fo U sheriff erk
of said county a writ of possession as awarded in such order
or decree; which writ shall be directed to the sheriff of said
county, and shall be tested and made returnable, and shall be
substantially, so far as may be, in the same form provided for
writs of possession in actions of ejectment ; and it shall be j*|J5}J e to
the duty of such sheriff thereupon to remove the respondent respondent.
or respondents in such proceedings, and all persons holding
under them or either of them, from the real estate described
in such decree and in such writ, and deliver the possession
thereof with the appurtenances to such school district.
(112) 4738. SEC. 11. In case the jury hereinbefore whenjury
provided for shall not agree, another jury may be summoned dlsagrees -
in the same manner, and the same proceedings may be had,
except that no further notice of the proceedings shall be nec-
essary; but instead of such notice, the judge, commissioner, or
justice may adjourn the proceedings to such time as he shall
think reasonable, not exceeding thirty days, and shall make
the 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 three months.
52
GENERAL SCHOOL LAWS.
Proceedings
in case
property is
encumbered.
judge, or commissioner, or Justice, on the application of
either party, and for good cause, to be shown by the party
applying for such adjournment, unless the other party shall
consent to such adjournment; but such adjournments shall
not in all exceed three months.
(113) 4739. SEC. 12. In case the said schoolhouse
site, or land required to enlarge the same, is encumbered by
mortgage, levy, tax sale, or otherwise, as aforesaid, the mort-
gagee, or other parties claiming to be interested in said title
shall severally be made a party to the procedure as afore-
said, and shall be authorized upon the filing of the certificate
of the jury in the circuit court of said county, to appear be-
fore 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 ac-
cordance 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.
How money
deposited with
county treas-
urer may be
drawn.
Compensation
of officers,
etc., on
proceedings.
When judge
etc., unable
to attend,
another may
finish proceed-
ings.
Am. 1903, Act 182.
(114) 4740. SEC. 13. The circuit judge, judge of pro-
bate, or circuit court commissioner of any county where any
money has been deposited with the county treasurer of such
county, as hereinbefore provided, shall, upon the written ap-
plication of any person or persons entitled to such money,
and upon receiving satisfactory evidence of the right of such
applicant to the money thus deposited, make an order, direct-
ing 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 person named therein, indorsed on said order
and duly acknowledged, in the same manner as conveyances
of real estate are required to be acknowledged, to pay the
same; and such order, with the receipt of the applicant or
person in whose favor the same shall be drawn, shall, in all
courts and places, be presumptive evidence in favor of such
county treasurer, to exonerate him from all liability to any
person or persons for said money thus paid by him.
(115) 4741. SEC. 14. Circuit judges, circuit court com-
missioners, and justices of the peace, for any services ren-
dered under the provisions of this act, shaH"be entitled to
the same fees and compensation as for similar services in
other special proceedings. Jurors, constables, and sheriffs
shall be entitled to the same fees as for like services in civil
cases in the circuit court.
(116) 4742. SEC. 15. In case any circuit judge, cir-
cuit court commissioner, or justice of the peace, who shall
issue a summons or venire for a jury, shall be unable to
GENERAL SCHOOL LAWS. 53
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.
CHAPTER IX.
APPEALS FROM ACTION OF TOWNSHIP BOARD.
(117) 4743. SECTION 1. Whenever any five or more 'tax Appeal, how
paying electors having taxable property within any school IctSn o m
district shall feel themselves aggrieved by any action, order bol?| hip
or decision of the township board or joint boards with refer-
ence to the formation or any division or consolidation of said
school district, they may, at any time within sixty days from
the time of such action on the part of said board, appeal from
such action, order or decision of said board to the county
commissioner of schools and a circuit court commissioner of
the county in which such school district is situated. The Joard of
county commissioner of schools and circuit court commis- wffifto 8 '
sioner shall constitute a board of appeals for all such cases constltute -
and shall be entitled to the usual fees provided by statute for
circuit court commissioner. When an appeal shall be filed
with the board of appeals herein provided for, said board
shall serve notice on the clerk of the township board or the
clerks of the joint boards who have made the decision ap-
pealed from, and said clerk or clerks shall notify the several
members of such board of such appeal. The notice to the Notice to
clerk and township board shall state the day and hour when derkfwhat
such appeal will be heard, and it shal! be the duty of said to state -
board of appeals to review, confirm, set aside or amend the
action, order or decision of the township board or boards
thus appealed from ; or if in its opinion the appeal is frivol-
ous or without sufficient cause it may summarily dismiss the
same.
Am. 1909, Act 31.
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 : School Dist. v. Wilcox, 48 / 404. When it seems an appeal
could not be taken. Sen. Dist v. Sch. Dist., 63/57-8.
CERTIORARI : The issuance of a writ of certiorari being largely discre-
tionary, and not permissible to accomplish a palpable injustice, a writ issued
to review the setting aside of the organization of a school district out of
the territory of two others will be dismissed when each of the three dis-
tricts as so organized would be financially unable to support a school ' with-
out imposing upon the residents a greater burden than they are able to bear.
Silver v. Hamilton Township Board, 146/393.
(118) 4744. SEC. 2. Said appellants shall, before taking Appellants to
such appeal, make out and file with the board of appeals a
written statement, to be signed by said appellants, setting
forth in general terms the action, order or decision of the
township board with respect to which the appellants feel
themselves aggrieved, and their demand for an appeal there-
54
GENERAL SCHOOL LAWS.
Bond;
amount of.
Township
board, when
to file tran-
script of pro-
ceedings, etc.
from to the board of appeals, and shall also cause to be ex-
ecuted and signed by one of their number, and by two good
and sufficient sureties to be approved by the board of appeals,
a bond to the people of the state of Michigan in the penal
sum of two hundred dollars, conditioned for the due prosecu-
tion of said appeal before said board, and also in case of the
dismissal of said appeal as frivolous by said board for the
payment by said appellants of all costs occasioned by reason
of said appeal. '
Am. Id.
BOND : The statute is positive in requiring the bond to be approved and
it cannot be dispensed with. Clement v. Everest, 29 / 21. The appeal is not
complete without such approval. Id.
(119) 4745. SEC. 3. Upon the filing of such appeal
papers and bond with the said board of appeals and after
notice by the board of appeals to the township board from
whose decision appeal is taken, said township board shall
within ten days thereafter make out and file with the said
board of appeals a full and complete transcript of all its
proceedings, actions, orders or decisions with reference to
which the appeal is taken and of its records of the same ; also
said bond and appeal papers and all petitions and remon-
strances, if any, with reference to the matters appealed from,
and upon the filing of the same with said board of appeals
the said board shall be deemed to be in possession of the
case, and if the return be deemed by it insufficient the board
may order a further and more complete return by said town-
ship board, and when such return shall by it be deemed suffi-
cient it shall proceed with the consideration of the appeal
at such time or times, within ten days after such return in
such manner and under such affirmation, amendment or re-
versal of the action, order or decision of the township board
appealed from, as in its judgment shall seem to be just and
right; or if it deem the appeal to be frivolous it may sum-
marily dismiss the same.
Am. Id.
CHAPTER X.
GRADED SCHOOL DISTRICTS.
Graded school (120) 4746. SECTION 1. Any school district contain-
ing more than one hundred children between the ages of five
and twenty years, may, by a majority vote of the qualified
voters present at any annual or special meeting, organize as
a graded school district. The intention to submit the ques-
tion of the organization of a graded school district shall be
expressed in the notice of such annual or special meeting.
When such change in the organization of the district shall
have been voted, the voters at such annual or special meet-
ing shall proceed immediately to elect by ballot a board of
Board of
education
election,
term, etc.
GENERAL SCHOOL LAWS. 55
education of five members, one member for the term of one
year, two for the term of two years and two for a term of
three years, and annually thereafter a successor or successors
to the member or members whose term of office shall expire.
Any qualified voter in such district whose name appears upon Eligibility.
the assessment roll at the time of such election and who is
the owner in his own right of the property so assessed, shall
be eligible to election or appointment to the office of member
of the board of education. In the election of members of the ^jjority
board of education and all other school officers, the person V(
receiving a majority of all the votes shall be declared elected :
Provided, That all graded school districts organized prior Proviso,
to the year nineteen hundred seven shall operate after the
passage of this act under the provisions of this act without
reorganization : And Provided also, That in all such dis- Proviso
tricts the members of the board of education hereafter elected
shall be elected under the provisions of this act.
Am. 1907, Act 247.
Simpkins v. Ward, 45 / 562.
CUSTODY OF RECORDS : The proceedings provided by statute, sections
9843-9851 C. L., to compel delivery of books and papers by a public officer to
his successor, are not adapted to a determination of the rights of con-
testants to any office, but are merely appropriate for ascertaining whether
a petitioner is prima facie such an officer as entitles him to possession of
the books and papers of the office. After an adjudication of this question
by a court of competent jurisdiction the defeated party can not review the
judgment by certiorari and thereby defeat the object of the statute, but must
resort to quo warranto or other proceedings appropriate to try title to an
office. Murta v. Carr, 140/606.
GRADED SCHOOL DISTRICTS : The wisdom of the graded-school-dis-
trict 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 constitution 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. De-
troit Board of Education, 18 / 411 ; Keweenaw Ass'n v. Sch. Dist, 98 / 442.
ALL OTHER OFFICERS : The terra "all other school officers" includes
the director, moderator and assessor of primary school districts, there being
no others to whom it could refer, as the trustees are the only officers to be
elected in graded school districts. Cleveland v. Amy, 88 / 377.
LEGISLATIVE PROVISIONS : The constitution does not require an abso-
lute uniformity in school districts throughout the state and the legislature
has not so construed the constitutional provisions. Uniformity has not been
kept up ; graded schools have been established ; boundaries of districts
changed and fixed by the legislature; and the qualifications of electors at
school meetings have been fixed, limiting the classes entitled to vote and
providing exceptional methods of electing officers. The mayor of Grand
Rapids is made a trustee and ex officio a member of the board of education ;
and being a trustee he is eligible to the office of president of the boarfd.
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). Keweenaw 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.
(121) 4747. SEC. 2. Within ten days after his elec- Acceptance
tion, each member shall file with the secretary of the board
an acceptance of the office to which he has been elected, ac-
companied by an affidavit setting forth the fact of eligibility
56
GENERAL SCHOOL LAWS.
Organization
of board.
Vacancies.
Bond of
treasurer.
Appointment
of officers.
Board of
education.
To determine
course of
study.
To establish
high school.
Proviso,
tuition of
non-residents.
To audit
accounts of
secretary.
as described in section one of this chapter. The board of
education shall annually, and within fifteen days after the
annual meeting, or within fifteen days after the organization
under this act, elect from its own number a president, a sec-
retary, and a treasurer, and for cause may remove the same
from "such offices and may appoint others of their own num-
ber in such places, and these officers shall perform the duties
prescribed by the general school law for the moderator,
director, and treasurer of the district, except as hereinafter
provided. The board of education shall have power to fill
any vacancy that may occur in its number until the next an-
nual meeting, and if "three vacancies occur at the same time,
a special meeting of the district shall be called to elect mem-
bers of the board to fill such places. Within ten days after
his appointment the treasurer of the board shall file with
the secretary a bond, either personal or surety, in such sum
as the board of education shall approve, not less than double
the amount t)f money to come into his hands during his term
of office. If a personal bond is filed there shall be at least
two sureties, each of whom shall justify under oath to the
full amount of the bond. If a surety bond is purchased it
may be at the expense of the district. Whenever, in any
case, the board of education shall fail or neglect to elect
the officers of the board named in this section within fifteen
days next after the annual meeting, or after the organization
of the district, the school inspectors of the township or city
to which such district makes its annual report shall appoint
the said officers from the number of said board.
Am. 1901, Act 165; 1907, Act 247.
VACANCIES COSTS : The minority of a school board have no authority
to commence an action in its name, and, if they do so, they will be indi-
vidually responsible for the costs. Johnston v. Mitchell, 120/589.
(122) 4748. SEC. 3. It shall be the duty of the board
of education in any graded school district:
First, To determine the course of study to be pursued and
to cause the pupils attending school in such district to be
taught in such schools or departments as they may deem
expedient ;
Second, To establish in such district a high school, when
directed by a vote of the district at any annual or special
meeting, and to determine the qualifications for admission
to such high school and the fees to be paid for tuition by
non-resident students: Provided, That when non-resident
students, their parents or legal guardians shall pay a school
tax in said district, the same shall be credited on their tui-
tion 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 accounts of
the secretary for incidentals or other expenses incurred by
him in the discharge of his duties; but not more than one
GENERAL SCHOOL LAWS. 57
hundred dollars shall be expended by the secretary in one
year for repairs of buildings or appurtenances of the dis-
trict property or for necessary appendages without the au-
thority of the board of education;
Fourth, To estimate and vote the amount of tax necessary, TO estimate
in addition to other school funds, for teachers' wages, fuel
and incidental expenses, for the ensuing year, and when the tax -
voters fail or neglect to vote the same, to estimate and vote
the amount of tax necessary for salaries of officers and ser-
vants, and when such tax has been voted by the board of
education it shall be reported to the assessing officer in the
same manner as other taxes of the district are reported;
Fifth, In all villages and cities organized as graded school
districts under the provisions of this act, in which districts of schools.
six or more teachers are employed, to employ a superintend-
ent of schools who shall be the holder of at least a state life
certificate or a normal school diploma, or who shall have edu-
cational qualifications equivalent thereto, and said superin- Duties of
ten dent shall have the following duties: ffiSu. '
(a) To recommend in writing all teachers necessary for
the schools, and to suspend any teacher for cause until the
board of education, or a committee of such board, may con-
sider such suspension;
(b) To classify and control the promotion of pupils;
(c) To recommend to the board the best methods of ar-
ranging the course of study and the proper text-books to be
used ;
(d) To make reports in writing to the board of education
and to the superintendent of public instruction annually or
oftener if required, in regard to all matters pertaining to
the educational interests of the district;
(e) To supervise and direct the work of the teachers;
(f) To assist the board in all matters pertaining to the
general welfare of the school and to perform such other
duties as the board may determine.
Sixth, To employ all legally qualified teachers necessary for TO employ
the several schools upon recommendation of the superintend- determine
ent, and to determine the amount of their compensation, salar y of - etc -
and to require the secretary and president to make contracts
with the same on behalf of the district in accordance with
the provisions of law governing contracts with teachers :
Provided, That the board of education may employ a teacher proviso,
not recommended by the superintendent, or may reinstate a
teacher suspended by the superintendent;
Seventh, To employ such other officers and servants as may TO employ
be necessary for the management of the schools and school officers.
property, and to prescribe their duties and fix their com-
pensation ;
Eighth, To perform such other duties as are required of thw duties
district boards in other school districts, or as may be neces-
sary to the general welfare of the school and district.
GENERAL SCHOOL LAWS.
FIRST: To classify and grade. People y. Detroit Bd. of Ed., 18/412.
Under 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 reso-
lution 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 ;
Cleveland v. Amy, 88/374). The power to employ teachers conferred upon
the district boards of primary schools is co-extensive with that conferred upon
the boards of trustees of graded schools. Cleveland v. Amy, 88 / 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
superintend and manage the schools need not be a teacher nor have a teach-
er's certificate. Davis v. Sch. Dist., 81 / 214. The trustees are empowered
to employ all teachers necessary, and what teachers are necessary is left to
be decided by their sound discretion. Tappan v. Sch. Dist., 44 / 502.
FIFTH : The power to appoint a superintendent of schools is incident to
the full control which by law the board has over the schools. Stuart v. Sch.
Dist., 30/85. Qualification of superintendent, see Davis v. Sch. Dist, 81 /
219-20.
SIXTH : A contract between a teachar and a graded school district Is
invalid, unless the teacher, at the time of making the contract, has the cer-
tificate required by section 176, authorizing her to teach during the term
covered by the contract ; obtaining a certificate after the making of the con-
tract, and before commencement of school, is not a compliance with the
statute. McCloskey v. Sch. Dist., 134 / 235.
Altering
boundaries of
graded school
districts.
Proviso,
appeal.
Bond,
amount of,
where filed.
Judge of
probate to
review
action.
(123) 4749. SEC. 4. No alterations shall be made in
the boundaries of any graded school district without the con-
sent of a majority of the trustees of said district, which con-
sent shall be spread upon the record of the district, and
placed on file in the office of the clerk of the township or
city to which the reports of said district are made: Pro-
vided, however, That any three or more taxpaying electors
having children between the ages of five and twelve years,
residing one and one-half miles or more from a schoolhouse
in such district, feeling themselves aggrieved by any action,
order or decision of the board of trustees with reference to
the alteration of said school district affecting their interests,
may, at any time within sixty days from the time of such
action on the part of said board of trustees, appeal from
such action, order or 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 the township board, as pro-
vided by chapter nine of this act. Said appellants shall file
a bond with said judge of probate, with sufficient sureties to
be approved by said judge of probate, in the penal sum of
not exceeding two hundred dollars in the discretion of the
court, indemnifying said school district of any and all costs
made on such appeal in case the appellants shall not prevail
therein. Whereupon said judge of probate shall be empow-
ered to entertain such appeal, and review, confirm or set
aside or amend the action of the board of trustees appealed
from.
Am. 1899, Act 258; 1909, Act 83.
* ALTERATION: People v. Ryan, 19/207; Simpkins v. Ward, 45 /
>59; Burnett v. Inspectors 97 / 103. Addition of territory by legislative
action. Keweenaw Ass'n v. Sch. Dist., 98/439-41.
GENERAL SCHOOL LAWS. 59
(124) 4750. SEC. 5. Whenever two or more contigu- Graded
ous districts, having together more than one hundred children district,
between the ages of five and twenty years, after having pub- trSmay "
lished in the notices of the annual meetings of each district unite for.
the intention to take such action, shall severally, by a vote of
a majority of the qualified voters attending the annual meet-
ings in said districts, determine to unite for the purpose of
establishing a graded school district under the provisions of
this chapter, the township board of the township or town- Township
ships in which such districts may be situated shall, on being
properly notified of such vote, proceed to unite such districts,
and shall appoint as soon as practicable a time and place for
a meeting of the new district, and shall require three notices Notices,
of the same to be posted in each of the districts so united at posting of>
least five days before the time of such meeting, and at such
meeting the district shall elect a board of trustees, as pro- Board of
vided in section one of this chapter, and may do whatever
business may be done at any annual meeting.
Am. 1909, Act 83.
(125) 4751. SEC. 6. Whenever the trustees of any or- Primary
ganized graded school district shall be presented twenty days
before the annual meeting thereof with a petition signed by
ten voters of said district, stating that it is the desire of said
petitioners that at the annual meeting of said school district
there shall be submitted to said annual meeting the proposi-
tion to change from a graded school district to one or more
primary school districts, the said trustees shall, in their
notice of such annual meeting, state that the proposition set
forth in said petition will be presented to said meeting, and
if two-thirds of the qualified voters present at said meeting
shall vote to change to one or more primary school districts
such change shall be made, and it shall be the duty of the Township
township board of the township or townships in which such .Sutyof.
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 First
school districts in the same manner as is provided for by law m
for the organization of primary school districts, and whenever
a fractional graded school district shall be so changed, the Factional
township boards 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.
Am. Id.
60
GENERAL SCHOOL LAWS.
CHAPTER XI.
Township
or city may
maintain
library.
Proviso,
abandonment
Further
proviso, in
case of
legal action.
Further
proviso,
township
school
district.
Who are
entitled to
privileges
of library.
Proviso.
Township
library, who
to have
charge of,
etc.
LIBRARIES.
(126) 4752. SECTI'ON 1. A library may be maintained
in each organized township or city which shall be the prop-
erty of the township or city and under the control of the
township board of said township or the board ,of education
of the village or city. 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
or city : Provided, That if in the judgment of said township
board the people of said township will be better served by
disposing of said library to the several school districts of the
township, said board shall have authority to take such action,
or the said board may authorize the merging of the township
library into a free public library in accordance with the
statutes authorizing the establishment of such free public
libraries, and after such merging the free public library
so established shall receive all the books of the former
township library, and the township library shall be consid-
ered abandoned: Provided further, That when any legal
action is taken or becomes necessary concerning the township
library the township clerk shall represent the township in
all actions concerning said library: Provided further, That
when any township has already been organized as a township
school district or shall hereafter be organized as a township
school district, the control of the township library shall pass
from the township board to the board of education of such
township, and all rights, powers and duties heretofore ex-
ercised by the said township board or the members thereof
shall be thereafter exercised and performed by the township
board of education through the proper officers.
Am. 1909, Act 32.
(127) 4753. SEC. 2. All persons who are residents of
the township shall be entitled to the privileges of the town-
ship library, subject to such rules and regulations as may be
lawfully established in relation thereto: Provided, That per-
sons residing within the boundaries of any school district in
which a district library has been established shall be entitled
to the privileges of such district library only.
(128) 4754. SEC. 3. The township board shall have
charge of the township library and the township treasurer
shall apply for and receive from proper authorities all
moneys appropriated for the township library and shall keep
a separate account of such funds. The township treasurer
shall pay out such library moneys on the order of the town-
ship clerk, countersigned by the supervisor. The township
board shall purchase books and procure the necessary append-
GENERAL SCHOOL LAWS. 61
ages for the township library : Provided, That when the Proviso,
township library shall pass to the control of the township ?ontrofS>
board of education, the township treasurer shall continue to
apply for and receive all library moneys and pay them over
to the treasurer of the board of education upon proper war-
rant of the township district. In villages or cities the treas- cities or
urer of the board of education shall apply for and receive all VI
moneys apportioned or appropriated for libraries and shall
disburse such funds in the same manner as other educational
funds.
Am. 1909, Act 32.
(129) 4755. SEC. 4. Said board shall be held account- who
, ,' ,1 T , . /. ,1 i . accountable
able for the proper care and preservation of the township for care, etc.,
library, and shall have power to provide for the safe keep- of llbrary>
ing of the same, to prescribe the time for taking and return-
ing books, to assess and collect fines and penalties for the
loss or injury of said books, and to establish all other needful
rules and regulations for the management of the library, as
said board shall deem proper, or the superintendent of public
instruction may advise.
(130) 4756. SEC. 5. The township board shall cause Township
the township library to be kept at some central and suitable kept! 7 whe
place in the township which it shall determine. Said board Librarian,
shall also, within ten days after the annual township meet-
ing, appoint a librarian for the term of one year to have the
care and superintendence of said library, and such librarian
shall be responsible to the township board for the impartial
enforcement of all rules and regulations lawfully established
in relation to said library.
Am. 1909, Act 32.
(131) 4757. SEC. 6. Any school district, by a majority
vote at an annual or special meeting, may establish a school library,
district library, due notice of said action to be stated on the jJSeSK
annual or special meeting notice, and such district shall be Hshed, etc.
entitled to its just proportion of books from the library of gjjare of^
any township in which it is wholly or in part situated, to be money.
added to the district library, and also to its equitable share
of any library moneys remaining unexpended in any such
township or townships at the time of the establishment of
such district library or that shall thereafter be raised by tax
in such township or townships or that shall thereafter be
apportioned to the township for library purposes.
Am. Id. .
(132) 4758. SEC. 7. The district board of any school J^^
district or the board of education of any township school dis- have charge
trict, village or city in which a library may be established - et
in accordance with the provisions of this act, shall have
charge of such library and provide the necessary conveniences
GENERAL SCHOOL LAWS.
Township
clerk to
report
annually.
Director,
report of,
what to
include.
Failure to
report.
Forfeiture
of library
moneys.
for the proper care of such library, and said board shall be
responsible for and shall use all moneys raised or appor-
tioned for its support in accordance with the provisions of
law.
Libraries are within the proper range of school apparatus; and there is
nothing in our laws which cuts off public corporations from accepting benevo-
lent offerings to enable them to extend their usefulness and benefit their peo-
Dle by enlarging their opportunities for culture and refinement without multi-
plying or increasing their burdens. Maynard v. Woodard, 36 / 425, 427.
(133) 4759. SEC. 8. The township clerk shall give in
his annual report to the superintendent of public instruction
such facts and statistics relative to the management of the
township library and the library moneys thereof as said super-
intendent of public instruction shall direct, and the district
board or board of education of any district, village or city
having a library shall give in the annual report of the di-
rector or secretary such facts and statistics relative to the
library as the state superintendent of public instruction may
direct, and where school officers report to the township clerk
they shall include similar information in said report to said
clerk.
Am. Id.
(134) 4760. SEC. 9. In case the township board of any
township, or the district board of any school district, or the
board of education of any village, city or township, shall fail
to make the reports required by this act, or in case it shall
appear that any township or school district or township
district, village or city has failed to use the library money
in strict accordance with the provisions of law, such township
or district or township district, village or city shall forfeit
its share of the library moneys that are apportioned for the
ensuing year and such money shall be apportioned to other
township districts, villages or cities in the county as here-
inafter provided.
Am. Id.
Annual
statement of
townships,
etc., entitled
to library
money.
Statement
and copy,
to whom
furnished.
(135) 4761. SEC. 10. The superintendent of public
instruction shall annually and previous to the tenth day of
May, transmit to the clerk of each county a statement of the
townships, districts, township Districts, villages and cities in
his county that are entitled to receive library moneys, giving
the number of children in each case between the ages of five
and twenty years as shall appear from the annual reports of
such townships, districts, tow T nship districts, villages or
cities for the school year last ending. Said clerk shall file
such statement in his office and shall forthwith furnish a
copy thereof to the county treasurer. The state superintend-
ent shall also furnish a copy of such statements to the town-
ship clerks or city clerks in each county.
Am. Id.
GENERAL SCHOOL LAWS. 63
(136) 4762. SEC. 11. The proceeds of all fines for any Fines,
breach of the penal laws of this state, when collected in any c
county and paid into the county treasury, together with all
moneys heretofore collected and paid into said treasury on
account of such fines and not already apportioned, shall be
apportioned by the county treasurer in accordance with the
directions of the superintendent of public instruction, as pro-
vided in the preceding section, before the first day of June in when applied
each year among the several townships, districts, township of SbraSes.
districts, villages and cities in the county, which money when
received by the proper authorities shall be exclusively ap-
plied to the support of township, district, township district,
village and city libraries and to no other purposes.
Am. Id.
FINES, ETC. : See Const., Art. XI, section 14, and notes thereto.
(137) 4763s SEC. 12. The qualified voters of each ^ e ^may
township shall have power at any annual township meeting, support of
to vote a tax for the support of libraries established in ac- l}
cordance with the provisions of this act, and the qualified
voters of any school district, in which a district library shall
be established, shall have power, at any annual meeting of
such district, to vote a district tax for the support of said
district library. When any tax authorized by this section HOW tax to
shall have been voted, it shall be reported to the supervisor, asseSd rt and
levied, and collected in the same manner as other township collected.
and school district taxes.
(138) 4764. SEC. 13. The district board or board of
education of any school district may donate or sell any
library book or books belonging to such district to the town-
ship board, where there is a township library or to the city
library in cities, and such books shall thereafter form a part
of the township or city library.
Am. 1909, Act 32.
CHAPTER XIII.
PENALTIES AND LIABILITIES.
(139) 4765. SECTION 1. Any taxable inhabitant of a Penalty on
newly formed district receiving the notice of the first meeting, J or neglect
who shall neglect or refuse duly to serve and return such Ol
notice, and every chairman of the first district meeting in any
district, who shall wilfully neglect or refuse to perform the
duties enjoined on him in this, act, shall respectively forfeit
the sum of five dollars.
(140) 4766. SEC. 2. Any person duly elected to the penalty on
office of moderator, director, treasurer, or trustee of a school for neglecting
district, who shall neglect or refuse, without sufficient cause, fu
to accept such office and serve therein, or who, having entered duties.
upon the duties of his office, shall neglect or refuse to per-
64
GENERAL SCHOOL LAWS.
Township
clerk, lia-
bility of,
for failure
to report.
form any duty required of him by virtue of his office, shall
forfeit the sum of ten dollars.
Am. 1901, Act 165.
Hinman v. Sen. 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 / 2(58.
(141) 4768. SEC. 4. If any township clerk shall neg-
lect or refuse to make out and transmit the annual report
containing the reports of the several school districts of his
township or any other report which the law may require of
him, within the time limited therefor, he shall be liable to
pay the full amount lost by the township or any district or
districts by such neglect or refusal, with interest thereon, to
be recovered in an action of debt or on the case.
Am. 1909, Act 32.
Sec. 3 was repealed by Act 32, 1909.
county clerk (142) 4769. SEC. 5. Any county clerk or county com-
Soner^ifabiiity niissioner of schools who shall neglect or refuse to transmit
of,orjaiiure to the superintendent of public instruction the reports re-
quired by this act or any other reports which the law may re-
quire, within the time limited therefor, shall be liable to pay
to each township, village or city the full amount which such
township or any school district, village or city therein shall
lose by such neglect or refusal, with interest thereon to be
recovered in an action of debt or on the case.
Am. Id.
How moneys
collected on
account of
neglect,
disposed of.
(143) 4770. SEC. 6. All the moneys collected or re
ceived 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 provisions of this act, have been apportioned and dis-
tributed.
(144) 4771. SEC. 7. Any township clerk who shall
neglect or refuse to certify to the supervisor any school dis-
trict taxes that have been reported to him as required by this
act, and any supervisor wilfully neglecting to assess any such
tax shall be liable to any district for any damage occasioned
thereby, to be recovered by the treasurer in the name of the
district, in an action of debt, or on the case.
Am. 1901, Act 165.
primary (145) 4772. SEC. 8. The township board of each town-
diSta. slli P containing primary school districts and in the case of
e fflcers factional school districts the township board of the township
in which the district schoolhouse thereof is situated, shall
have power and is hereby required to remove from office,
Liability of
township
clerk and
supervisor
in regard to
district taxes.
be
removed.
GENERAL SCHOOL LAWS. 65
upon satisfactory proof, after at least five clays' notice to the
party implicated, any district officer who shall have illegally
used or disposed of any of the public moneys entrusted to his
charge, or who shall persistently and without sufficient cause
refuse or neglect to discharge any of the duties of his office:
Provided, That the power of the township board to remove Proviso,
school officers from office shall not apply when the township
is organized as a school district. In case of such removal Order for
it shall be the duty of the township clerk of such township bfSd^d.
to enter in the records of such township the resolution 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 Prima fade
jurisdiction of such board and of the regularity of the pro- evidence -
ceedings for such removal, and, unless the party so removed
shall, within thirty days after such removal, institute pro-
ceedings before a court of competent jurisdiction for the
removal of such order for removal, or if after such thirty
days such proceedings to obtain such removal shall be discon-
tinued or dismissed, shall be conclusive evidence of jurisdic-
tion and regularity, if it shall appear that the party so
removed had five days' notice of the time and place fixed by
said board for the hearing of the case as aforesaid.
Am. 1909, Act 32.
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 disqualify. -Ilamtramck Twp. Bd. v. Holihan, 46 / 127. Proceedings to
remove 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 schoolhouse furni-
ture, etc., is sufficient cause for removal. Ilamtramck 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 mod-
erator 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 dis-
cretion, of new seats for the schoolhouse, under an order of the annual meet-
ing "to fix the schoolhouse for the winter term." McLaren v. Akron Twp.
Bd , 48 / 189.
CERTIORARI : Lies to review the proceedings of a township board in re-
moving a school officer. Stockwell v. White Lake Twp. Bd., 22/341; Craw-
ford v. Twp. Boards. 22 / 405 ; 24 / 248 ; Merrick v. Arbela Twp. Bd., 41 /
630. But mere insufficiency of evidence to establish the cause for removal will
not warrant a reversal of the board's determination, the board being the ex-
clusive judge of the facts. Hamtramck Twp. Bd. v. Holihan, 46/127.
Township clerk's return as to testimony taken by the board presumed true.
Taylor v. Shimmel, 107 / 676.
(146) 4773. S^c. 9. No school officer, superintendent,
or teacher of schools, shall act as agent for any author, pub- not to act as
lisher, or seller of school books, or shall directly or indirectly
9
66
GENERAL SCHOOL LAWS.
receive any gift or reward for his influence in recommending
School ^officers 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 district in which he may hold office. Any act or
neglect herein prohibited, performed by any such officer, su
perintendent, or teacher, shall be deemed a misdemeanor.
(147) 4774. 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 provisions of some special enactment of the
legislature.
not to be
interested in
contracts in
certain cases.
Where this
act shall
apply.
Johnston v. Mitchell, 120 / 589 ; Detroit Bd. of Education v. Moross,
l / 625.
GENERAL SCHOOL LAWS. 67
MISCELLANEOUS PROVISIONS RELATIVE TO EDU-
CATION AND THE SCH(K)LS.
TEXT BOOKS.
An Act to regulate the uniformity of, and to provide free school text-
books in public schools throughout the state, and the distribution
of the same, and to repeal all statutes and acts contravening the
provisions of this act.
[Act 147, 1889.]
The People of the State of Michigan enact:
(148) 4775. SECTION 1. That from and after 'Tune
thirtieth, eighteen hundred and ninety, each school board of
the state shall purchase, when authorized, as hereinafter pro-
vided, the text-books used by the pupils of the schools in its
district in each of the following subjects, to wit; Orthogra Subjects
phy, spelling, writing, reading, geography, arithmetic, gram-
mar (including language lessons), national and state history,
civil government, and physiology and hygiene; but text-books Change,
once adopted under the provisions of this act shall not be
changed within five years: Provided, That the text-book on Proviso,
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 hundred and sixty-five
of the public acts of eighteen hundred and eighty-seven, ap-
proved June ninth, eighteen hundred and eighty-seven : And Further
Provided further, That all text-books used in any school dis- pro
trict shall be uniform in any one subject.
The section above referred to is section 61.
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.
TEXT-BOOKS : The provision of the law that books once adopted shall
not be changed within five years was designed to protect the public and not
for the benefit of book publishers.
A resolution of the board directing the purchase of a specified text-book
for use in the schools constituted an adoption of that book. The five years
began to run from the date of such resolution, not from the time the book
\v;is completely installed in the school. A resolution of the board to pur-
chase certain text-books for "supplementary use" shows no intention to
adopt, and is illegal and void. Att'y Gen'l, ex rel. Marr v. Bd. of Edu. De-
troit ; D. C. Heath & Co. v. same, 133 / 681.
(149) 4776. SEC. 2. The district board of each school Board
district shall select the kind of text-books on subjects enumer-
ated in section one to be taught in schools of their respective
districts : Provided, That nothing herein contained shall re- Prov iso.
quire any change in text-books now in use in such district.
GENERAL SCHOOL LAWS.
Notice to
vote on
question.
Books to be
property of
district, etc.
Proviso.
Further
proviso.
Board to
contract
with pub-
lishers, etc.
Proviso.
Board to
make annual
estimate of
amount to
be raised.
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 pro-
visions 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 purchasing the same, and shall be
loaned to pupils free of charge, under such rules and regula-
tions for their careful use and return as said district board
may establish: Provided, That nothing herein contained
shall prevent any person from buying his or her books from
the district board of the school in which he or she may
attend: Provided further, That nothing herein contained
shall prevent any district having once adopted or rejected
free text-books from taking further action on the same at any
subsequent annual meeting.
(150) 4777. SEC. 3. It shall be the duty of the dis-
trict board of any school district adopting free text-books pro-
vided for in this act to make a contract with some dealer or
publisher to furnish books used in said district at a price not
greater than the net wholesale price of such books: Pro-
vided, That any district may, if it so desires, authorize its
district board to advertise for proposals before making such
contract.
(151) 4778. SEC. 4. The district board of every school
district in the state adopting free text-books under this act
shall make and prepare annually an estimate of the amount
of money necessary to be raised to comply with the condi-
tions of this act, and shall add such amount to the annual
estimates made for money to be raised for school pur-
poses, for the next ensuing year. Said sum shall be in addi-
tion 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 dis-
trict treasurer in the same manner as all other money be-
longing to said district is paid.
GENERAL SCHOOL LAWS. 69
(152) 4779. SEC. 5. On the first day of February next when director
after the tax shall have been levied, the director of said dis-
trict may proceed to purchase the books required by the pupils
of his district from the list mentioned in section one of this
act, and shall draw his warrant, countersigned by the moder '
ator, upon the treasurer or assessor of the district for price
of the books so purchased, including the cost of transporta-
tion.
(153) 4780. SEC. 6. If the officers of any school dis-
trict, which has so voted to supply itself with text-books, duty amis-
shall refuse or neglect to purchase at the expense of the dis- d
trict for the use of the pupils thereof, the text-books as enu-
merated in section one of this act, or to provide the money
therefor as herein prescribed, 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 Penalty.
competent jurisdiction, shall be liable to a penalty of not
more than fifty dollars or imprisonment in the county jail
for a period not exceeding thirty days, or by both such fine
and imprisonment, in the discretion of the court : Provided, Proviso.
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 : Provided further, That school districts Further
in cities organized under special charters shall be exempt pl
from the provisions of this act, but such districts may, when in cities,
so authorized by a majority vote of their district boards, submit ques-
submit the question of free text-books to the qualified voters
of said districts. If a majority of the qualified electors vote
in favor of furnishing free text-books, such district boards
shall have authority to proceed under the provisions of this
act.
SPECIAL CHARTERS : The action of the Detroit board of education, in
including in its annual estimate a sum for free text-books, in the absence of
authority from a majority of the qualified electors, as provided in this sec-
tion, was held absolutely void. Bd. of Ed. v. Detroit, 80 / 551.
AGRICULTURAL COLLEGE COURSE.
An Act to prescribe and define a course of studies to be taught in the
district schools of this state which shall be known as the agricul-
tural college course.
[Act 181, 1897.]
The People of the State of Michigan enact:
(154) 4791. SECTION 1. That the superintendent ofwhotopre-
public instruction shall prepare for district schools a course P f ar s t u C dy. rse
of study, comprising the branches now required for third
70
GENERAL SCHOOL LAWS.
grade certificates, which shall be known and designated "the
agricultural college course," and upon the satisfactory com-
pletion of this course of study, as evidenced by a diplorca or
certificate, duly signed by the county commissioner of schools,
pupils shall be admitted to the freshman class of the agricul-
tural college without further examination. It shall be the
duty of the secretary of the agricultural 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 relative to said
college. Such catalogue and other information shall be kept
in each school for reference.
Coiiege
districts 1
KINDERGARTEN WORK.
An Act authorizing the introduction of the kindergarten method in
the public schools of this state.
Duty of
district
board.
Qualifica-
tions of teach-
ers, etc.
What children
entitled to
instruction.
Act to apply
to certain
other schools.
*[Act 119, 1891.]
The People of the State of Michigan enact:
(155) 4792. SECTION 1. That in addition to the duties
imposed by law upon the district board of every school dis-
trict in this state, they shall also be empowered to provide
a suitable room or apartment for kindergarten work, and
to supply their district respectively with the necessary ap-
paratus and appliances for the instruction of children in
what is known as the kindergarten method.
(156) 4793. SEC. 2. In the employment of teachers it
shall be competent for such district board to require qualifi-
cations for instruction of children in kindergarten methods,
and the district board may provide by contract with the
teacher for such instruction, specifying the hours and times
therefor under such rules as the district board may prescribe
(157) 4794. SEC. 3. All children residing within the
district between the ages of four and seven shall be entitled
to instructions in the kindergarten department of such dis-
trict school.
(158) 4795. SEC. 4. The powers and duties herein im-
posed or conferred upon the district shall also be and the
same are hereby imposed and conferred upon the school
trustees or board of education or other body, by whatever
name known, managing or controlling the public schools in
each city and village 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.
* As to certificates, and payment of kindergarten teachers, see section 324.
GENERAL SCHOOL LAWS.
STUDY OF DANGEROUS DISEASES.
An Act to provide for teaching in the public schools the modes by
which the dangerous communicable diseases are spread, and the
best methods for the restriction and prevention of such diseases.
[Act 146, 1895.]
The People of the State of Michigan enact:
; * : i i ; 1 1 - < j . -. i ' ; | " r i
(159) 4796. SECTION 1. There shall be taught in every Dangerous
year in every public school in Michigan the principal modes
by which each of the dangerous communicable diseases are
spread and the best methods for the restriction and preven- etc., to be'
tioii of each such disease. Such instruction shall be given by JSuf in
the aid of text-books on physiology, supplemented by oral and schools
blackboard instruction. From and after July first, nineteen
hundred ten, no text-book on physiology shall be adopted for
use in the public schools of this state, unless it shall' give at
least one-eighth of its space to the causes and prevention of
dangerous communicable diseases. Text-books used in giving Text-books,
the foregoing instruction shall, before being adopted for use approval
in the public schools, have that portion given to the instruc-
tion in communicable diseases approved by the state board of
health to the state board of education.
Am. 1909, Act 141.
(160) 4797. SEC. 2. Neglect or refusal on the part of JJj^J"
any superintendent or teacher to comply with the provisions refusal to
of this law shall be considered a sufficient cause for dismissal
from the school by the school board. Any school board wil-
fully neglecting or refusing to comply with any of the pro-
visions of this act shall be subject to fine the same as for
neglect of any other duty pertaining to their office. This act
shall apply to all schools in this state, including schools in
cities or villages, whether incorporated under special charter
or under the general laws.
GENERAL SCHOOL LAWS.
PUBLICATION OF PROCEEDINGS OF ANNUAL SCHOOL
MEETINGS.
An Act to provide for the publication of the proceedings of the an-
nual school meeting, and an annual financial statement in graded
school districts in which a newspaper is published, and to provide
for the expense thereof, and fixing a penalty for failure to make
such publication.
[Act 185, 1897.]
Proceedings
of annual
school meet-
ings, to be
published.
Penalty for
neglect.
The People of the State of Michigan enact:
(161.) 4800. SECTION 1. Previous to the first Monday
in August of each year the board of education or board of
trustees, as the case may be, of each graded school district
in this state shall cause to be published in a newspaper pub-
lished in said district or in the county in which said district
is located, said newspaper to be designated by said board of
education, a complete statement of the proceedings of the
annual school meeting and an itemized financial statement
of the receipts and expenditures of said district during the
preceding school year, the expense of said publication to be
paid out of the general fund of the district.
Am. 1905, Act 305.
(162) 4801. SEC. 2. If any board of education or
board of trustees shall fail or neglect to comply with the pro-
visions of this act each member of any such board shall for-
feit the sum of ten dollars upon conviction thereof in any
court of competent jurisdiction.
Am. Id.
DISPLAY OF U. S. FLAGS.
An Act to provide for the purchase and display of United States flags
in connection with the public school buildings within this state.
Flags and
appliances
to be pur-
ch<
Time for
displaying.
[Act 56, 1895.]
The People of the State of Michigan enact: '
(163) 4802. SECTION 1. That the board of education
or the board of school trustees in the several cities, townships,
villages and school districts of this state shall purchase a
United States flag of a size not less than four feet two inches
by eight feet and made of good flag bunting -"A," flag staff
and the necessary appliances therefor and shall display said
flag upon, near, or in a conspicuous place within, the public
school building during school hours and at such other times
GENERAL SCHOOL LAWS. 73
as to the said board may seem proper; and that the neces- Expense to
sary funds to defray the expenses to be incurred herein shall fem^oS
be assessed and collected in the same manner as moneys for mone y s
public school purposes are collected by law. And the penal- Penalty.
ties for neglect of duty provided in section two, chapter thir-
teen of the general school laws, shall apply to any school
officer refusing to comply with the provisions of this act. "
RETURNS FROM ACADEMIES.
An Act requiring certain returns to be made from incorporated acad-
emies, and other literary institutions.
[Act 19, 1839.]
Be it enacted by the Senate and House of Representatives of
the State of Michigan.
(164) 4803. SECTION 1. That it shall be the duty of
the president of the board of trustees of every organized acad- supermtend
emy, or literary or collegiate institution, heretofore incorpo-
rated or hereafter to be incorporated, to cause to be made out
by the principal instructor, or other proper officer, and for-
warded, by mail or otherwise, to the office of the superintend-
ent 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 corpora-
tion, 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 be-
fore the legislature a fair and full exhibit of the affairs and
condition of said institutions.
10
74
GENERAL SCHOOL LAWS.
Regents
may grant
certificates.
Certificate
may be
annulled.
Proviso.
TEACHERS' CERTIFICATES.
An Act to authorize the regents of the university of Michigan to
'grant teachers' certificates in certain cases, and to repeal act one
hundred forty-four of the public acts of eighteen hundred ninety-
one, and all other acts or parts of acts contravening the provi-
sions of this act.
[Act 213, 1903.]
The People of the State of Michigan enact:
(165) SECTION 1. The regents of the university of Michi-
gan, through the faculty of the department of literature, sci-
ence and the arts, may grant to every person receiving a bach-
elor's, master's or doctor's degree, and also a teacher's di-
ploma for work done in the science and the arts of teaching
in 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 re-
corded in the offices of the legal examining officer or officers
of the county, township, city or district where such person
expects to teach. Such certificate shall not be liable to be
annulled except by the said board of regents; but its effect
may be suspended in any county, township, city or district
and the holder thereof may be stricken from the list of quali-
fied teachers in such county, township, city or district by the
legal examining officer or officers of the said county, town-
ship, city or district for any cause and in the same manner
that such examining officer or officers may be by law author-
ized to revoke certificates granted by himself or themselves,
and such suspension shall continue in force until revoked by
the authority suspending : Provided, That the said board of
regents may recognize and give credit for work done in other
educational institutions in the science and art of teaching, if
said work is equivalent to the work done in the university of
Michigan.
Sec. 2 repeals Act 144, 1891.
Granting
teachers'
certificates
without ex-
amination.
An Act to authorize the state board of education to grant teachers'
certificates in certain cases.
[Act 136, 1893.]
The People of the State of Michigan enact:
(166) 4805. .SECTION 1. The state board of education
is hereby empowered to grant teachers' certificates without
examination to any person who has received a bachelor's,
master's^ or doctor's degree from any college in this state
GENERAL SCHOOL LAWS. 75
having a course of study 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, and
in addition to or as a part of such work a course in the
science and art of teaching of at least one college year of five
and a half hours per week, and in connection with this special
course each student shall have had opportunity for observa-
tion of the actual work done in the grades of and high schools
of the public schools. The special course of study herein
prescribed shall have been approved by the state board of
education before any graduate of such institution shall re-
ceive a teachers' certificate, and before any certificate shall
be issued to any person the faculty of such college shall give
to the. state board of education its recommendation for each
student, stating that in the judgment of the faculty the ap-
plicant is entitled to receive such certificate and that the
applicant has taken the prescribed course in the science and
art of teaching and observation of public school work. Each
person making application to the state board of education for
a teachers' certificate under the provisions of this act shall
be thoroughly examined by the faculty of the college and
shall be entitled to a diploma from such college. The char-
acter of the examination shall be such as to show the qualifi-
cation and fitness of the person for teaching. If the person Life cer-
making application for such certificate shall furnish to the tlj
said state board of education satisfactory proof of having
taught successfully for three years prior to graduation from
said college, said certificate shall be a life certificate, but if
such proof is not furnished said board, then the certificate
granted shall be for four years only and a life certificate may Limited
at any time thereafter be issued by said board upon the filing
with the said board of satisfactory proof that the applicant
has taught successfully for three years. Such certificate shall Authority of
entitle the holder to "teach in any of the public schools of c(
this state without examination, provided a copy of said cer-
tificate shall have been filed or recorded in the office of the
legal examining officer or officers of the county or city in
which such person is to teach, and such certificate shall be
revoked only by the state board of education and by said
board only for cause after a personal hearing of the case.
Am. 1907, Act 112.
(167) 4806. SEC. 2. It shall be the duty of the said Duty of
board of education to carefully examine any course of study
in the science and art of teaching that may be submitted to it
by the trustees of any college, and, if satisfactory, to furnish
such trustees with a written certificate approving the same.
(168) 4807. SEC. 3. If, at any time, the said board of Jg^J^gJ "
education shall conclude that any college, the graduates of duty of board,
which may desire to receive such certificate, is not giving
such instruction in the science and art of teaching and in the
76
GENERAL SCHOOL LAWS.
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 there-
after no teachers' certificates shall be given by said board to
the graduates of such college until said board shall be satis-
fied 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.
An Act to authorize the state board of agriculture to grant teachers'
certificates in certain cases.
Teacher's
certificate,
granting of,
duration.
Recording
validates.
Record of,
by whom
kept, etc.
[Act 165, 1909.]
The People of the State of Michigan enact:
(169) SECTION 1. The state board of agriculture, on recom-
mendation of the president and heads of departments of the
Michigan agricultural college, is hereby authorized to grant
to persons who have completed the regular four year course
in agriculture, together with a course in pedagogics cover-
ing at least a half year's special instruction in such subject,
a teacher's certificate, which shall serve as a legal qualifica-
tion to teach agriculture and the related sciences in an} r
of the public schools of this state for the period of three
years.
(170) SEC. 2. Before the certificate herein mentioned
shall be valid in any county or city, the holder thereof shall
record the same in the office of the legal examining officer of
the county or city where such person expects to teach. Such
certificate shall not be liable to be annulled, except by the
said state board for any cause which would have justified
the board in withholding such certificate.
(171) SEC. 3. The secretary of the Michigan agricultural
college shall keep a record of all teachers' certificates so
granted by said state board of agriculture and shall furnish
the superintendent of public instruction annually with a copy
of such list.
GENERAL SCHOOL LAWS. 77
COUNTY COMMISSIONERS AND SCHOOL EXAMINERS.
An Act to provide for the election of a county commissioner of
schools, for the appointment of school examiners, [and] to define
the duties and fix the compensation for the same, and to repeal
all existing acts or parts of acts conflicting with the provisions of
this act.
[Act 147, 1891.]
I ! ,1
? 'M ii
The People of the State of Michigan enact:
(172) 4808. SECTION 1. At each annual meeting of the Examiner,
several boards of supervisors of the different counties of the oF, P term? e etc.
state, the said several boards of supervisors shall appoint one
examiner who shall hold his office for a period of two years
from and after the first day of January following his or her
election, or until his successor shall have been appointed and
qualified, and said examiner, together with the commissioners
of schools, shall constitute a board of school examiners. Any Eligibility.
person shall be eligible to the office of examiner who shall
hold at least a second grade certificate, and has taught in the
public schools at least nine months, or who has the qualifica-
tions required of commissioner in section three of this act, .
except an experience of twelve months as teacher. In case a vacancy.
vacancy shall occur at any time in the office of school exam-
iner, the judge of probate, together with the board of school
examiners of the county in which such vacancy shall have
occurred, shall, within ten days after the occurrence of such
vacancy, appoint some suitable person to fill such vacancy.
And the person so appointed shall hold the office for the un-
expired portion of the term, or until his or her successor is
appointed and has qualified. Within ten days after such com- oath, where
missioners or examiners shall have received legal notice of his filed> et
or her election, he or she shall take and subscribe the consti-
tutional oath of office, and the same shall be filed with the
county clerk. The said county commissioner so appointed, Bond, where
shall execute a bond with two sufficient sureties to be ap- filed> etc>
proved by and filed with the county clerk, in the penal sum of
one thousand dollars, conditioned that he or she shall faith-
fully discharge the duties of his or her office according to law,
and to faithfully account for and pay over to the proper per-
sons all moneys which may come into his or her hands by rea-
son 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 state superintendent of
public instruction.
Am. 1901, Act 43 ; 1909, Act 221.
This act supersedes Chap. 12 of Act 164 of 1881. As to the election of
school examiner under that law, as amended by Act 266 of 1887, see Conrad
V ' ELECTION OF' EXAMINERS : The appointment by a board of supervisors
of a member of the board of examiners is the transaction of ordinary busi-
ness for which a majority of a quorum is sufficient, and the appointee is
not required to receive the votes of a majority of all the members elected.
Ilowland v. Prentice, 143/347.
78
GENERAL SCHOOL LAWS.
Election of
county com-
missioner of
schools.
File oath
and bond.
Proviso as
to Chippewa
county.
Proviso as to
Lake county.
Eligibility.
Proviso,
teachers'
certificate.
Further
proviso.
Further
prviso.
(173) 4809. SEC. 2. There shall be elected at the
election held on the first Monday in April, nineteen hundred
three, and every fourth year thereafter, in each county, one
commissioner of schools, whose term of office shall commence
on the first day of July, next following his or her election,
and who shall continue in office four years, or until his or
her successor shall be elected and qualified. The comity
commissioner of schools elected under the provisions of this
section shall file with the county clerk for the county for
which he or she is elected, his or her oath of office and bond,
the same as provided in section one of this act, and the county
clerk shall make the same report to the superintendent of
public instruction in all respects as provided in section one
of this act : Provided, That in the county of Chippewa the
commissioner of schools heretofore elected on the first Mon-
day in April, nineteen hundred three, shall hold office until
the first day of January, nineteen hundred nine, or until his
successor shall be elected and qualified. Hereafter in the
said county of Chippewa, a commissioner of schools shall
be elected at the general election to be held in November,
nineteen hundred eight, and every fourth year thereafter,
whose term of office shall commence on the first day of Janu-
.ary next following his or her election: Provided, That in
the county of Lake the commissioner of schools heretofore
elected on the first Monday in April, nineteen hundred seven,
shall hold office until the first day of January, nineteen hun-
dred eleven, or until his successor shall be elected and quali-
fied. Hereafter in the said county of Lake, a commissioner
of schools shall be elected at the general election to be held
in nineteen hundred ten and every fourth year thereafter,
whose term shall commence on the first day of January next
following his or her election.
Am. 1901, Act 35; 1905, Act 169; 1907, Act 115.
(174) 4810. SEC. 3. Persons eligible to hold the office
of commissioner of schools must possess the following quali-
fications :
(a) Twelve months experience as a teacher in the public
schools of this state;
(b) Must be a graduate of the literary department of
some reputable college, university, or state normal school
having a course of at least three years: Provided, That the
holder of a state teacher's certificate, or of an indorsed first
grade certificate, or of a certificate granted in another state
and indorsed by the state board of education of this state,
shall be eligible in any county: Provided further, That per-
sons who now hold the office of commissioner of schools shall
be eligible to succeed themselves: Provided further, That
in counties employing less than fifty teachers a person hold-
ing at the time of his or her election a second grade certifi-
cate shall be eligible in the county where such certificate was
GENERAL SCHOOL lyAWS. 79
granted, unless a person qualified as heretofore provided can-
not be secured to fill the position.
Am. 1909, Act 222.
QUALIFICATIONS OP COMMISSIONER: A high school Is not a college
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. Hewlett, 94 / 165. The legislative intent is to keep up the standard
of teachers by requiring certain educational qualifications in the persons
whose duty it is to examine the teachers and determine their fitness for their
work. People v. Hewlett, 94 / 169. In the case of Attorney General v.
Lewis, 151/81, it was held that persons elected to the office of commis-
sioner, and, holding the same after the amendment of 1895. are eligible, since
the statute is still the act of 1891 notwithstanding its amendments.
(175) 4811. SEC. 4. The board of school examiners Examiners
shall, for the purpose of examining all persons who may offer examinations
themselves as teachers for the public schools, hold two regu- each year -
lar public examinations in each year at the county seat, which
examinations shall begin on the third Thursday of June and
the second Thursday of August in each year. From these two May hold
examinations certificates of all grades may be granted. The ?nauon xai]
said board of examiners may also, in their discretion, hold one
other public examination, which shall begin on the third
Thursday of October and at such place as in the judgment of
Hie board the best interests of the teachers may require. From
this examination only certificates of the second and third
grade may be granted. It shall be the duty of the county com- Duty of com-
missioner to make out a schedule of the times and places of "
holding such examinations and to cause it to be published
in one or more newspapers of the county, at least ten days be-
fore such examinations.
Am. 1901, Act 99; 1903, Act 95; 1905, Act 99.
People v. Hewlett, 94/170.
(170) 4812. SEC. 5. The board of school examiners T^acherjs
shall meet on the Saturday of the week following each public who to gram,
examination held according to the provisions of section f our form - etc -
of this act and shall grant certificates to teachers in such
form as the superintendent of public instruction shall pre-
scribe, licensing as teachers all persons who have attained the
age of eighteen years, who have attended such public examina-
tions, and who shall be found qualified 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 subjects.
shall not have passed a satisfactory examination in orthog-
raphy, reading, writing, grammar, geography, arithmetic,
theory and art of teaching, United States history, civil gov-
ernment, and physiology and hygiene with reference to the
effect of alcoholic drinks, stimulants and narcotics upon the
human system : Provided, That any commissioner may, upon proviso when
the request of any holder of a second or third grade certifi- jSJ^fto
ca'te, send the papers written by such person, properly certi- another
fied and under seal, to the county board of school examiners
80
GENERAL SCHOOL LAWS.
Proviso as
to renewal.
Further
proviso,
where re-
newed.
Questions,
by whom
furnished.
of any other county for their examination, and such board of
school examiners may, in their discretion, receive such papers,
and if they accept them, shall treat them in the same manner
as if written at a public examination in their own county:
Provided further, That the board of examiners shall have the
right to renew without examination the certificates of any
persons who shall have previously .attained an average stand-
ing of at least eighty-five per cent in all the studies covered
in two or more previous examinations and who shall havo
been since such last named examination continuously and
successfully teaching in the public schools: Provided further,
That an indorsed first grade certificate may be renewed in
the county where issued, or in the county where the holder
may be teaching at the time of its expiration. All certificates
shall be signed by the county commissioner and by at least
one of the members of the board of examiners. No person
shall be considered a qualified teacher within the meaning of
this act, nor shall any school officer employ or contract with
any person to teach in any of the public schools under the
provisions of this act who has not a certificate in force
granted by the board of school examiners or other lawful
authority. All examination questions shall be prepared and
furnished by the superintendent of public instruction to the
county commissioner, under seal, to be opened in the presence
of the applicants for certificates on the day of examination.
Am. 1901, Act 99 ; 1905, Act 148.
. People v. Hewlett, 94 / 170 ; O'Leary v. Sch. Dist., 118 / 469.
Grades of
certificates
granted.
First grade,
to whom
granted.
Proviso,
papers, etc.
to whom
forwarded.
Further pro-
viso as to
aggrieved
applicant.
Further
proviso.
(177) 4813. SEC. 6. There shall be three grades of
certificates granted by the board of school examiners, in its
discretion, and subject to such rules and regulations as the
superintendent of public instruction may prescribe, which
grades of certificates shall be as follows: The certificate of
the first grade shall be granted only to those w T ho have
taught at least one year with ability and success, and it
shall be valid throughout the state for four years: Pro-
vided, That all examination papers for first grade certifi-
cates, favorably passed upon by the board of examiners, to-
gether with such certificate, shall be forwarded to the super-
intendent of public instruction, within ten days from date
of examination, for inspection: Provided further, That any
applicant for a first grade certificate who feels that the
county board of school examiners have not given hig papers
the credit due them, may order them sent to the state super-
intendent of public instruction for inspection; and if the
standings given by the state superintendent of public instruc-
tion are sufficient for his indorsement of the certificate, the
county board of school examiners shall issue such certificate,
unless they shall give reasons satisfactory to the superin-
tendent of public instruction for withholding the same : And
Provided further, That no first grade certificate shall be valid
in any county other than that in which it is granted, unless
GENERAL SCHOOL LAWS. 81
approved and countersigned by the superintendent of public,
instruction 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 those who shall have taught at least seven months
with ability and success, and it shall be valid throughout the
county for which it shall be granted for three years, and
such certificate may be transferred to another county as
provided in section five of this act. The certificates of the
third grade shall be divided into two classes known as A and
I*. Third grade certificates of class A shall be granted only
to persons who have taught successfully and continuously
for at least three years next preceding the examination, in
primary departments of graded schools, and the certificate
of this class shall entitle the holder to teach in primary de-
partments of graded schools only. Third grade certificates Third grade,
of class B shall license the holder to teach in any school of c
the county in which it shall be granted for one year, and such
certificate may be transferred to another county in the same
manner that second grade certificates are transferred as pro-
vided in section five of this act; but no more than three
certificates of this class shall be granted to the same person:
Provided, That the county commissioner shall have power proviso.
upon personal examination in the third grade branches satis-
factory 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 con-
tinue in force beyond the time of the next public examina-
tion, and in no case shall a second special certificate be
granted the same person within three years.
Am. 1901, Act 99; 1905. Act 148.
CERTIFICATES: The general policy of the school law is that schools
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 / 596. As to the liability of the district for such services,
see Id. ; Stockdale v. Sch. Dist., 47 / 226 ; Crane v. Sch. Dist, 61 / 299 ;
Smith v. Sch. Dist., 69 / 589. See Sch. Dist. v. Crook, 47 / 112. A certificate
issued to one who has not taken an examination at all and whose qualifica-
tions are not ascertained upon an examination, is not such a certificate as
the law provides for. People v. Howlett, 94 / 170-1. The action of the
board of examiners in refusing a certificate cannot be questioned by the re-
jected applicant in a suit to recover wages she would have earned under her
contract but for such adverse action. Lee v. Sch. Dist., 71 / 361. A certifi-
cate, 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., Ill / 67.
SPECIAL CERTIFICATES: The secretary of the board (under the old
law) had no right, after the refusal of the board to grant a certificate, to
issue a special certificate to the rejected applicant. Lee v. Sch. Dist., 71 /
361. The object of a special certificate is to bridge over the time between the
commencement of a school and the next meeting of the examiners and such
a certificate has life only until the next regular examination. Id. ; People
v. Howlett, 94 / 170.
(178) 4814. SEC. 7. The board of school examiners Revocation
may suspend or revoke any teacher's certificate issued by
them for neglect of duty, incompetency, or immorality, or
for any other reason which would have justified said board
11
82
GENERAL SCHOOL LAWS.
Duty of com-
missioner
when charges
preferred.
Duty of
board at
hearing.
in withholding the same when given, and said board may sus-
pend the effect of any teacher's certificate granted by the
county commissioner of schools which said certificate licenses
the holder thereof to teach in a specified district for which it
shall be granted. Whenever written charges accusing any
teacher of neglect of duty, incompetency, or immorality
shall be filed with the county commissioner of schools, said
commissioner shall immediately notify said accused teacher
that charges have been filed against him and shall attach to
such notice a certified copy of said charges together with the
name or names of the person or persons filing the same, and
said commissioner may, and on the written demand of the
accused teacher shall, within twenty days after the tiling of
said charges, call a meeting of the board of school examiners
of the county and shall summon the teacher, against whom
charges have been preferred, and also summon any witnesses
who may have knowledge of the facts, to appear before said
board of examiners on the date mentioned in the summons.
Said summons shall have the force of a summons or sub-
poena at law. On the day set for the meeting of the board of
examiners, said board shall proceed to hear the case. The
chairman of said board shall have authority to administer
an oath to the several witnesses and examine them under
oath if he deems it advisable. The board of examiners shall
proceed to examine the party charged and the witnesses for
and against said party, and if it shall appear that the charges
made are true, then the said board shall have authority to
suspend or revoke the certificate of the accused: Provided,
That no certificate shall be suspended or revoked without a
personal hearing, unless the holder thereof shall, after a
reasonable notice, neglect or refuse to appear before the said
board for that purpose: And Provided further, That any
person summoned to appear before the board of examiners
for the purposes mentioned herein and who shall fail to
appear before said board on the day specified in the sum-
mons, shall be deemed guilty of a misdemeanor, and upon
conviction in any court of competent jurisdiction, shall be
fined a sum not less than five dollars nor more than twenty-
five dollars, or by imprisonment in the county jail for not
more than twenty days or both such fine and imprisonment
in the discretion of the court. The county commissioner of
schools in any county shall have authority to temporarily
suspend the force of any teacher's certificate when from bis
personal inspection of the work of said teacher, or from his
personal knowledge, he is satisfied that such teacher has been
guilty of wilful neglect of duty or is incompetent to instruct
or govern the school, or has been guilty of gross immorality.
The county commissioner of schools shall, upon suspending
the force of any teacher's certificate, immediately, and within
ten days thereafter, call a meeting of the board of school
examiners and summon said teacher to appear before said
board to show cause why his or her certificate should not be
Proviso.
Proviso as
to non-ap-
pearance of
person
summoned.
Temporary
suspension of
certificate.
To summon
teacher be-
fore board.
GENERAL SCHOOL LAWS. 83
indefinitely suspended or revoked : Provided further, how- Proviso,
ever, That it shall be the duty of the board of school examin- SeSsion.
ers to file in the office of the county school commissioner its
decision- within ten days after the close of any hearing above
mentioned, and it shall be the duty of the county school com-
missioner within five days after the filing of said decision to
mail a copy thereof to said teacher : Provided further, how- Proviso,
over, That any teacher who feels aggrieved at the decision of prSSte*
the county board of school examiners may, within twenty court '
days after the filing of such decision, take an appeal to the
probate court of said county, who is hereby authorized to
hear and determine said cause.
Am. 1907, Act 127.
Carver v. Sch. Dist., 113/524.
IMMORALITY : A communication representing that a certain person was
of bad moral character and unfit to have the care of a school, made in good
faith for the purpose of preventing such persons 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.
(170) 5 4815. SEC. 8. It shall be the duty of the count v commission-
. . " er, duty of.
mimissioner:
First, Immediately after his or her qualification as com- Qualification,
lissioner, to send notice thereof to the superintendent of ni
iblic instruction;
Second, To keep a record of all examinations held by the Record O f
ard of school examiners and to sign all certificates and Sons, 1 etc.
icr papers and reports issued by the board, and to keep
record of all meetings of the board of examiners and of all
hearings for the suspension or revocation of any teacher's
ooriificate, and to call meetings of the board of examiners
at such other times than those mentioned in section five of
this act as he may deem best;
Third, To receive the institute fees provided by law and institute fees.
to pay the same to the county treasurer quarterly, beginning
September thirtieth in each year;
Fourth, To keep a record of all certificates granted, sus- Record of
ponded, revoked or transferred by the said board or commis- certificates.
si oner, showing to whom issued, together with the date,
grade, duration of each certificate, and, if suspended or re-
voked, with the date and the reason therefor;
Fifth, To furnish, previous to the third Monday in July List of
in each year, to the township clerk of each township in the SkchST
county, and to each of the officers of every school district
in the county, a list of all persons legally authorized to
teach in the county at large during the preceding school year,
and in such township, with the date and term of each certi-
ficate, 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 TO visit, etc.,
once in each year and to examine carefully the discipline, sc
the mode of instruction, the text-books in use, the apparatus
belonging to the school, the library, the progress and pro-
ficiency of the pupils, the skill and efficiency of the teacher,
84
GENERAL SCHOOL LAWS.
Proviso,
assistants.
Further
proviso.
Further
proviso,
expense
limit.
Counsel with
teachers, etc.
Improvement
of schools, etc.
Examine,
etc., annual
reports.
the condition of the school property, and whether the^at-,
tendance at school is in compliance with law, and to
make a careful record of these items and report the same to
the director of each district : Provided, That in counties con-
taining one hundred twenty or more districts, the commis-
sioner of schools is hereby authorized to appoint such as-
sistants as may be necessary, who shall perform such duties
as said commissioner shall direct : Provided further, That
in counties containing less than one hundred forty districts,
such assistants shall be appointed with the consent of the
board of supervisors: Provided further, That the whole
expense incurred for such assistants shall not exceed the
sum of ninety dollars in any one year in any county having
less than one hundred and twenty school districts; and in
counties having school districts ranging from one hundred
twenty to one hundred forty in number, the whole expense
incurred for such assistants shall not exceed two hundred
dollars in any one year; in counties having school districts
ranging from one hundred forty to one hundred sixty in
number, the whole expense incurred for such assistants shall
not exceed two hundred fifty dollars in any one year; and
in counties having school districts ranging from one hundred
sixty to two hundred in number or more school districts, the
whole expense incurred for such assistants shall not exceed
three hundred dollars in any one year; and in counties
having school districts greater than two hundred in number,
the whole expense incurred for such assistants shall not ex-
ceed four hundred dollars in any one year;
Seventh, To counsel with the teachers and school boards
as to the course of study to be adopted and pursued, and
as to any improvement in the discipline, instruction and
management of the school, and he may examine and audit
the books and the records of any school district at any time
when directed to do so by the superintendent of public in-
struction or by application of any school board;
Eighth, To promote, by such means as he or she may dfe-
vise, the improvement of the schools in the county, and the
elevation of the character and the qualifications of the teach-
ers and officers thereof, and act as assistant conductor of
institutes appointed by the superintendent of public instruc-
tion, and perform such other duties pertaining thereto as
sai'd superintendent shall require;
Ninth, To receive the duplicate annual reports of the sev-
eral boards of school inspectors, examine into the correct-
ness of the same, requiring them to be amended when nec-
essary, endorse his or her approval upon them, and imme-
diately thereafter, and before the fifteenth day of Septem-
ber in each year, transmit -to the superintendent ot public
instruction one copy of each of said reports and file the other
in the office of the county clerk;
GENERAL SCHOOL LAWS. 85
Tenth, To be subject to such instructions and rules as the Subject to
superintendent of public instruction may prescribe, to re- [tons" etc.
ceive all blanks and communications that may be sent to
him or her by the superintendent of public instruction, and
to dispose of the same as directed by the said superintend-
ent, and to make annual reports at \he close of the school
year to the superintendent of public instruction of his or
her official labors, and of the schools of the county, together
with such other information as may be required;
Eleventh, To perform such other duties as may be required other duties.
of him or her by law, and at the close of the term of office
to deliver all records, books, and papers belonging to the
office to his or her successor.
Am. 3901, Act 99; 1905, Act 148; 1907, Act 127; 1909, Act 264.
(180) 4817. SEC. 10. The compensation of each countv County com-
.'. , , i -i -i -i i , . i -, ,-, , ''-, missioner of
commissioner of schools shall be determined by the board schools, com-
of supervisors of each county 'respectively, and may be in- P ensatlon of -
creased or diminished at any October session of said board,
but the compensation shall not be fixed at a sum less than five
hundred dollars per' annum in any county where there are
fifty schoolrooms under his or her supervision; at not less
than one thousand dollars per annum where there are one
hundred schoolrooms under his supervision; and not less
than twelve hundred dollars where there are one hundred
twenty-five schoolrooms under his supervision; not less than
fifteen hundred dollars where there are one hundred and
seventy-five schoolrooms under his supervision; and in no
case shall such compensation exceed the sum of eighteen
hundred dollars per annum: Provided, That in estimating Proviso,
the number of schoolrooms in any county all graded schools included.
operating under a general charter shall be included. Each School ex-
member of the board of school examiners, other than flie 5iem e of .' P(
county commissioner, shall receive four dollars for each day
actually employed in the duties of his office. The compensa- Assistants.
tion of any assistant, when appointed as provided in this
act, shall be determined by the county commissioner, but in
no case shall it exceed three dollars for each day employed.
The compensation of members of the county board of school
examiners and of any assistant shall be paid quarterly from
the county treasury, upon such examiner or assistant 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. The compensation of the county commissioner
shall be paid quarterly from the county treasury : Provided,
That in no case shall the county commissioner receive any to be filed.
order for compensation from the county clerk until he has
filed a certified statement from the superintendent of public
instruction that all reports required of the county com-
missioner have been properly made and filed with said su-
86
GENERAL SCHOOL LAWS.
Further
proviso.
Contingent
expenses.
Traveling
expenses.
perintendent : Provided further, That no county commis-
sioner shall receive an order for compensation until he shall
have filed with the county clerk a detailed statement under
oath showing what schools have been visited by him during
the preceding quarter and what amount of time was em-
ployed in each school, naming the township and school dis-
trict. The necessary contingent expenses of the commis-
sioner for printing, postage, stationery, record books, tele-
phone rental, rent of rooms for public examination and grad-
ing registers shall be audited and allowed by the board of
supervisors of the county. The necessary traveling expenses
of ,the county commissioner of schools, incurred while per-
forming the duties required by this act, may be audited and
allowed by a two-thirds vote of the board of supervisors, but
no traveling expenses shall be allowed any school examiner
or assistant appointed by the county commissioner of schools.
Am. 1905, Act 148; 1909, Act 247.
Sec. 9 repealed by Act 222, 1909.
ASSISTANT VISITOR : Mandamus to compel the payment of an assistant
visitor of schools for services rendered under this act, was denied, when
the commissioner had not determined the compensation as required. Hicks
v. Wayne Co. Auditors, 97/611.
(181) 4818. SEC. 11. No superintendent of public in
struction, instructor at institute, county commissioner or ex-
aminer, shall act as agent for the sale of any school furni-
ture, text-books, maps, charts or other school apparatus.
(182) 4819. SEC. 12. Whenever by death, resignation
or removal from office, or otherwise, a vacancy shall occur in
the office of county commissioner of schools, the county clerk
shall issue a call to the board of supervisors of the county
and said board shall meet at the office of the county clerk on
a date to be named in said notice, not more than ten days
from the date of such notice, and said board shall appoint a
person who is qualified according to statute to fill the va-
cancy for the unexpired portion of the term of office.
Am. 1909, Act 222.
Licensing and (183) 4820. SEC. 13. The officers of every school dis-
tric t> except as hereinafter provided, which is, or shall here-
after be, organized in whole or in part in any city or village
in this state, which is incorporated under the general laws
or by special enactment, in which enactment special provi-
sions exist in regard to licensing teachers, shall employ only
such teachers as are legally qualified under the preceding sec-
s to tions of this act : Provided, That in incorporated cities em-
P^ng a principal of the high school and also a superin-
tendent of schools who gives not less than one-half of his time
to school supervision, the superintendent of schools and the
board of education, or a committee thereof, shall be empow-
ered to examine their teachers and grant certificates to such
as are not already legally qualified, at such times and in such
form as the superintendent of public instruction shall pre-
Who shall not
act as agent.
Vacancy,
how filled.
nd
GENERAL SCHOOL LAWS. 87
scribe : And Provided further, That cities having a special proviso as to
and thoroughly equipped normal training department, under
control of a special training teacher, such school having a ment -
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 when primary
this act by employing a teacher who is not legally qualified,
shall forfeit such a proportion of the primary school interest forfeited.
fund as the number of unqualified teachers employed bear to
the whole number of teachers employed in the district. All
school districts organized by special enactments shall,
through their proper officers, make such reports as the su-
perintendent of public instruction may require.
Am. 1901, Act 99.
Section 14 repeals "all acts or parts of acts conflicting with the provisions
of this act." As to one effect of this repeal, see Perrizo v. Kesler, 93 / 284.
EXAMINATION FOR ADMISSION TO AGRICULTURAL COLLEGE.
An Act to provide for the examination of candidates for admission to
the agricultural college by county commissioners of schools.
[Act 101, 1895.1
The People of the State of Michigan enact:
(184) 4821. SECTION 1. That it shall be the duty of
the state superintendent of public instruction to secure, at
least twice each year, from the president of the Michigan in
agricultural college, a set of examination questions in all
the studies required for admission to said college. It shall
also be the duty of the state superintendent of public in-
struction to send a printed list of said examination questions
to each county commissioner of schools.
(185) 4822. SEC. 2. It shall be the duty of each coun-
ty commissioner of schools to give public notice of this ex-
animation at the time of all regular teachers' examinations,
and to submit the questions aforesaid to any candidate who
may desire to enter the agricultural college. The examina- Examina-
tion shall be conducted in the same manner as are the regular
teachers' examinations of the county. The work of each and
every candidate, together with the name and address, shall
be forwarded 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 can-
didate 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.
88
GENERAL SCHOOL LAWS.
Meeting of
school officers
of county.
Call, what
to include.
Who shall
attend.
Per diem and
Certificate of
attendance.
Superintend-
ent of public
instruction,
duty of.
MEETING OF SCHOOL OFFICERS OF COUNTY.
An Act to authorize the county commissioner of schools in each
county to call a meeting of the school officers of the county.
[Act 112, 1909.]
The People of the State of Michigan enact:
(186) SECTION 1. Each county commissioner of schools
in the state of Michigan shall call a meeting of the school
officers of his county at least once in each year, said meeting
to be held at the county seat or some other convenient place
in the county for the purpose of consultation, advice and in-
struction upon matters pertaining to the management and
welfare of the public schools of the county. The call for said
meeting shall include every board of education in the county,
whether rural or city.
(187) SEC. 2. The director or secretary of each school
board or board of education shall attend such meeting and
the other members of each board of education may attend.
One member of the school board or board of education who
attends such meeting shall be allowed and paid two dollars
per day and actual traveling expenses going to and returning
from said meeting, said sum to be paid from the general fund
in the treasury of the school district. The county commis-
sioner of schools shall issue to each member in attendance a
certificate of attendance which shall be filed with the director
or secretary of the board, and when filed shall serve as a
basis of evidence for drawing the order for compensation and
expenses of one member of the board.
(188) SEC. 3. It shall be the duty of the superintendent
of public instruction to assist the county commissioner of
schools in conducting said meeting of school officers, and he
shall attend said meeting either in person or by representa-
tive.
TOWNSHIP SCHOOL DISTRICTS.
An Act to provide for the organization of township school districts
in the state of Michigan.
Single school
district.
[Act 117, 1909.]
The People of the State of Michigan enact:
(189) SECTION 1. Whenever a majority of the qualified
electors of any organized township residing outside of any
graded school district votes in favor of organizing said town-
ship into a single school district, such township shall, after
GENERAL SCHOOL LAWS. 89
the second Monday iii July thereafter, be a single school dis-
trict and shall be governed by the provisions of this act. The Petition for
question of changing any organized township into a single su
school district to be governed by the provisions of this act,
shall not be submitted to the qualified electors of said town-
ship until a petition therefor, signed by one-third of the quali-
fied electors of such township, requesting the submission of
such proposition shall be filed in the office of the township
clerk. Upon the receipt and filing of such petition, it shall J^dlSd
be the duty of the township clerk to call a meeting of the clerk, duty of.
township board and it shall be the duty of the township
board of such township to attend such meeting, which shall
be held not more than five days after the filing of such peti-
tion. It shall be the duty of the said township board at such
meeting to consider the said petition with the names appear-
ing thereon, and if it be found and determined that one-third
of the qualified electors of said township have signed the
said petition requesting that the said township of which they
are residents be organized as a single school district under
the provisions of this act, it shall be the duty of the town-
ship board to call an election at which the question of the
organization of the said township into a single school district
shall be submitted to the qualified electors of such town-
ship. Such election shall be called by the township board Election,
within thirty days after the meeting of the township board jSd, etc.
at which it is determined that the petition herein provided
for is sufficient: Provided, however, That if any -such peti- Proviso,
tion is determined to be sufficient not more than four months
and not less than twenty days prior to the annual township
election, such question shall be submitted at the annual town-
ship election. Notice of such election, whether it be of a Notice.
special or the annual election, shall be given by the town-
ship board by posting notices thereof in at least five public
places in the township and at least one notice in each or-
ganized school district in the township, which notice shall
state that at such election, giving the date, the question of
the organization of the township into a single school dis-
trict shall be submitted to the qualified electors of the
township. The ballots upon which such question shall be Ballots,
submitted shall be in the following form:
"Shall township be organ-
Name of township,
ized into a single school district?" ( ) "Yes."
"Shall township be organ-
Name of township,
ized into a single school district?" ( ) "No."
Each ballot which has a cross marked in the square to the
left of the word "Yes" on any such ballot shall be counted
in favor of the organization of such township into a single
school district, and each ballot which has a cross marked in
12
90
GENERAL SCHOOL LAWS.
Election,
how con-
ducted, etc.
Trustees,
election of.
Notice.
Conduct of
election.
Proviso,
fractional
districts.
Certified
copy of
petition,
where filed.
Custodian of
property.
Proviso,
meeting of
officers,
proceedings.
the square to the left of the word "No" shall be counted
against the organization of such township into a single school
district. Any such election shall be conducted by the town-
ship board of election inspectors in the same manner in all
respects and the ballots shall be taken, counted and can-
vassed in the same manner that is now provided for the
counting of ballots under the general election law. If a
majority of the electors of such township voting at such elec-
tion vote in favor of the proposition, such township shall,
after the second Monday of July subsequent to such election,
be considered a single school district and shall be governed
by the provisions of this act. Whenever a majority of the
qualified electors of any township vote in favor of the organi-
zation of any township into a single school district, it shall
be the duty of the township board to call a township election
for the second Monday of July, at which election the trustees
for the township school district shall be elected by the quali-
fied electors of such township. Notice of such election shall be
given by the township board by posting notices thereof in at
least five public places in the township and at least one notice
in each organized school district that on the second Monday
of July following trustees for the township school district
shall be elected, and it shall be the duty of the township
board of election inspectors of such township to conduct such
first election and perform such duties in connection therewith
as may be necessary to carry out the provisions of this act:
Provided, That if in such township, or as a part of such town-
ship, there are fractional school districts already organized,
the schoolhouse of which is within the boundaries of the
township, such fractional districts shall be considered a part
of the township for school purposes, and qualified electors
residing anywhere in such fractional school districts shall be
qualified to sign the petition for or vote upon the question of
the organization of the township district. The township
board shall make and file, both with the county clerk and
with the county commissioner of schools of the county in
which such township is located, a certified copy of the above
mentioned petition together with its findings and decision
thereon, and when the trustees or district officers shall have
been duly elected and shall have filed a written acceptance
of office with the township clerk of such township and shall
have complied with the general provisions of this act pertain-
ing to the election and acceptance of school officers, the said
board of education shall immediately become the custodian
of all the property pertaining to the public schools of the
township and shall have all the powers and privileges con-
ferred upon school officers by the general laws of this state,
and said general laws shall apply and be in force in such dis-
trict in all particulars not otherwise provided for in this act :
Provided, That immediately upon the organization of the
board of education herein provided for said board shall call a
meeting of the officers of the school districts of the township
GENERAL SCHOOL LAWS. 91
as heretofore existing, if any, and at such meeting there shall
be an accounting of the property, records and funds of such
districts and a settlement of the same, and the officers of the
several school districts of the township as heretofore existing
shall immediately thereafter turn over to the said board of
education all the books, records, money, property and other
matter or material in their possession and belonging to the
public schools of their respective districts to the township
board of education, and said board shall give to such officers
proper receipts, and the secretary of said board of educa-
tion shall place a full statement of such several settlements
in the records of the board of education for said township.
(190) SEC. 2. All cities organized as school districts and Exemptions,
all graded school districts shall be exempt from the provi-
sions of this act. Their boundaries shall remain the same
and they shall continue to administer the public schools of
such city or graded district in the same manner as hereto-
fore provided by statute: Provided, That if any such city or proviso, in
graded school district shall desire to give up its own organi- jjJ2jed ty r
zation as a school district and become a part of the township district be-
district, and such district and the other district or districts township
of the township shall respectively so express themselves by dlstnct -
ballot by a majority vote of the legal voters of each district
at an annual or special meeting of such districts, the super-
intendent of public instruction shall have authority to de-
clare the organization of such city or graded school district
for school purposes dissolved, and he shall make such dec-
laration in writing and serve the same upon the officers of
the township district and upon the officers of such city or
graded district, and such officers shall immediately turn over
to the board of education of such township all the buildings,
property, appurtenances, money and material heretofore be-
longing to such city or graded district to the board of educa-
tion of the township district, and thereafter such city or
graded district shall be a part of the township district and
controlled by the township board of education as herein pro-
vided : Provided further, That where fractional school dis- Further
tricts have been organized heretofore, the organization of the boundaries,
township district for school purposes shall conform to the
boundaries of such school districts, and that the said frac-
tional districts shall become a part of the township district
in which the schoolhouse of such district is located, and that
in the election of school officers said boundaries shall be rec-
ognized by the officers of the township : Provided further, F r ^ eT
That in any case where a fractional district has been organ- [?Son of
ized heretofore, such territory may be divided so that the territor y. etc -
township school district boundary lines shall conform to the
township boundary lines, said division being made in their
discretion by the township boards of the townships in which
the territory may be located, said boards meeting in joint
session for such purpose. When such division has been made,
the township boards at said joint meeting shall immediately
92
GENERAL SCHOOL LAWS.
Clerk to
give notice.
Joint
meeting.
Board of
education,
term, quali-
fications, etc.
Proviso.
Election of
trustees,
terms.
Board of
election
inspectors.
Township
clerk,
duty of.
Qualified
voter, at
election.
proceed to make an equitable division of the property and
money, if any, belonging to such district between the town-
ships in which such district was located. The township clerk
of the township in which the schoolhouse of such fractional
school district is located shall give at least ten days' notice
to the township clerk of the other townships interested of
the time and place of such meeting, and each township clerk
upon receiving such notice shall notify each member of the
township board of his township of the time and place of such
meeting. The -joint meeting of the township boards when
assembled shall elect from their number a chairman and a
clerk, and a majority of the joint board shall be necessary to
determine all questions submitted. The clerk of said joint
board shall provide each township clerk with an exact record
of the proceedings of said meeting.
(191) SEC. 3. The officers of said township district shall
consist of five trustees, elected at large, who shall constitute
the board of education of said district, and the regular term
of office shall be three years. Any qualified voter in the dis-
trict whose name appears upon the assessment roll and who
is the owner in his own right of the property so assessed
shall be eligible to election or appointment to office in such
district: Provided, That where a husband and wife own
property jointly, if otherwise qualified, each shall be eligible
to election or appointment to school office. At the first elec-
tion held on the second Monday of July under authority
of this act, the qualified electors of the township shall pro-
ceed to elect by ballot one trustee for the term of one year,
two for the term of two years and two for the term of three
years, and annually thereafter a successor or successors to
the trustee or trustees whose term or terms of office shall
expire. The term of office intended for each person shall be
designated on the ballot. At the first election and at all
succeeding elections held in said township district, the town-
ship board shall act as a board of election inspectors and
shall receive and canvass the votes, prepare ballots and con-
duct the election in the same manner as provided for in town-
ship elections held under the general law. The township
clerk shall keep a record of all proceedings of said first meet-
ing of the district and file a copy of the same in his office
and turn over a copy of 'said proceedings to the secretary of
the board of education when said board is organized. " In
the election of trustees, the person or persons receiving the
highest number of votes cast shall be declared elected and he
or they shall hold office until his or their successor or suc-
cessors shall have been duly elected and shall have qualified
as provided in this act. In all school elections every citizen
of the United States of the age of twenty-one years, male or
female, who owns property which is assessed for school taxes
in the township district or who is the parent or legal guar-
dian of any child of school age included in the school census
GENERAL SCHOOL LAWS. 93
of said district, and who has resided in said township dis-
trict three months next preceding such election, shall be a
qualified voter. On the question of voting school taxes, every For taxes,
citizen of the United States of the age of twenty-one years,
male or female, who owns property in fee,' by contract or
homestead right which is assessed for school taxes in the
township district, and who has resided in the district as
above stated shall be a qualified voter : Provided, That a Proviso,
husband and wife who own property jointly and which is
assessed for school taxes in the school district may, if other-
wise qualified, vote upon the question of raising money.
(192) SEC. 4. The annual meeting of said township dis- Annual
trict shall occur on the second Monday of July in each year m
at the usual place of holding the township meeting, and the
school year shall commence on that day. It shall be the Notice by
duty of the secretary of the board to give notice of all annual se
meetings and of any special meetings of said district by post
ing a written or printed notice thereof in at least five con-
spicuous places in said township, and one notice on each
school building, at least five days prior to said meeting. The
notice of any annual or special meeting shall state the pur-
pose of the meeting, the place, date and hour of holding the
same. The notice of the annual meeting shall specify that
during the last two hours, or between three and five o'clock,
the general business of the district as to voting taxes will
take place. In case the president or secretary of the board of
education shall be absent, the voters present may appoint a
temporary president or secretary. At the first school meet- Polls,
ing, and at all succeeding annual meetings the polls shall Eg g and
open at ten o'clock a. m. and be kept open seven consecu-
tive hours, and the election shall be conducted in a similar
manner to the one in which township officers are elected, and
at the hour of closing the chairman of the board of election
shall declare the polls closed, and the board shall imme-
diately proceed to canvass and announce the result of the
vote.
(193) SEC. 5. If any person offering to vote at a town- challenge
ship school district meeting shall be challenged as unqualified of voter -
by any legal voter in such district or by the presiding officer,
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 is
not withdrawn, the chairman shall tender to him an oath, in
substance as follows: "You do swear (or affirm) that you Form of (Klt h
are a citizen of the United States, that you have been for the
last three months an actual resident of this school district,
or residing upon territory now attached to this school dis-
trict, and that you own property assessed for school taxes
therein;" and every person taking this oath shall be per-
mitted to vote upon all questions proposed at such meetings,
or he may take the following oath, to-wit: "You do swear
94
GENERAL SCHOOL LAWS.
False
swearing.
Township
clerk to
notify
persons
elected, etc.
Acceptances,
where filed.
Meeting of
hoard, offi-
cers, etc.
Quorum,
regular
meeting.
Special
meetings.
(or affirm) that you are a citizen of the United States, that
you have been for the last three months an actual resident
of this school district, or residing upon territory now at-
tached to this school district, and that you are the parent or
legal guardian of one or more children now included in the
school census of the district;" and he may vote upon all
questions which do not directly involve the raising of money
by tax. If any person so challenged shall refuse to take such
oath his vote shall be rejected; and any person who shall wil-
fully take a false oath or make a false affirmation under the
provisions of this section, shall be deemed guilty of perjury.
When any question is taken any other way than by ballot,
a challenge immediately after the vote has been taken shall
be deemed to be made when offering the vote, and treated
in the same manner.
(194) SEC. 6. Within five days after the first election
under this act the township clerk shall notify in writing
the persons elected as trustees of their election, and within
five days thereafter said trustees so elected shall file with the
township clerk a written acceptance of the office, accom-
panied by an affidavit properly acknowledged that such person
is a qualified voter on school questions, that his name appears
on the assessment roll of the township for school taxes, and
that he is the owner in his own right of the property in fee,
by contract or homestead right, so assessed, and such ac-
ceptances and affidavits shall be filed by the township clerk
in his office. All persons elected as trustees of the township
school district after said first election shall file such written
acceptances and affidavits with the secretary of the board of
education and they shall be made a part of the records of
the district.
(195) SEC. 7. The members of the board of education
shall meet on the fourth Monday of July following the first
election under this act, and at such meeting the trustee
whose term of office first expires shall be temporary chair-
man, and at this meeting the trustees shall elect from their
number a president, a secretary and a treasurer, who shall
severally serve in such capacity^ during his term of office and
until his successor shall have been duly elected and qualified.
Immediately upon the organization of the board the secre-
tary shall notify the county commissioner and the superin-
tendent of public instruction, giving the name and post office
address of each officer. A majority of the members of the
board shall constitute a quorum, and the board shall hold a
regular meeting on the fourth Monday of each month in the
year and no notice of such meeting shall be required. The
board may hold special meetings at any time on the call of
the president and secretary, and of such meetings the secre-
tary shall give at least twenty-four hours written notice to
each member of the board. All business which the board of
education is authorized to perform shall be done at a meetin"
GENERAL SCHOOL LAWS. 95
of said board, and no act shall be valid unless voted at a.
meeting of the board by an affirmative vote of a majority
thereof and a proper record made of such vote. The minutes
of all school meetings and board meetings must be signed by
the secretary.
(196) SEC. 8. A school district office shall become vacant office,
immediately upon any of the following events: deemed
First, The death of the incumbent; vacant.
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;
Eighth, His ceasing to be a taxpayer in the school district;
Ninth, Upon the expiration of twenty days after failure
of the district to elect a successor at the annual meeting.
(197) SEC. 9. The board of education shall have the fol- , Du ties of
,. board.
lowing powers and duties:
(a) To fill any vacancies that may occur in the office of mi vacancies,
trustee until the next annual meeting, and the person or
persons so appointed shall file his acceptance and affidavit as
hereinbefore provided ;
(b) To purchase or lease in the name of the district such purchase and
site or sites for school houses as may be necessary, out of the sel1 P r P ertv -
fund provided for that purpose, and make sale of any site
or other property of the district when lawfully directed to do
so by the qualified voters : Provided, That the board shall Proviso as
not build a stone or brick schoolhouse upon any site without to
having first obtained a title in fee to the same or a lease for
at least ninety-nine years, nor shall a frame schoolhouse be
erected on any site for which the board has not secured a
title in fee or a lease for at least fifty years, and in all cases
where school sites are leased the board shall reserve the privi-
lege of removing the school property from the site on the
expiration of the lease;
(c) To estimate the amount of money necessary to be Estimates,
raised for buildings, sites and repairs, and report the same
to the voters at the annual meeting;
(d) To vote the taxes necessary in addition to other vote taxes
school funds for teachers' wages which shall be accounted for Jrtion ge etc.
under the title of "teachers' wages fund;" and if no high
school be established to vote such taxes as may be necessary
to pay the tuition of any and all children of high school age
resident in such township, to high schools already estab-
lished, and to vote such taxes as may be necessary for the
regular running expenses of the school, which shall include
school furnishings and all appendages, library, the care of
school property, record books and blanks and all apparatus
96
GENERAL SCHOOL LAWS.
General
fund.
Proviso,
when may
borrow.
Report of
hoard.
Moneys, how
appropriated.
Sectarian
school.
Proviso,
transfer
mill tax.
Charge of
property.
Course of
study.
Adopt text
books.
Proviso,
alcohol and
narcotics.
and material which may be necessary in order that the
schools may be properly managed and maintained, and such
taxes when collected and received by the treasurer of the
board shall be accounted for under the title of "general
fund." All moneys received for library purposes and for
buildings, sites and repairs shall be kept in separate accounts
under proper title : Provided, That when the district or the
board has voted a tax for any legal purpose and the money
is needed before the tax can be levied and collected the board
may borrow on the warrant of the district a sum not to
exceed the amount of tax voted for such purpose;
(e) Between the second Monday of July and the first
Monday of August in each year, to make out and deliver to
the township clerk a report in writing, signed by the presi-
dent and secretary, of all taxes for school purposes voted by
the district and by the district board, to be levied on the
taxable property of the district;
(f) To apply and pay over all school moneys belonging to
the district in accordance with the provisions of law regulat
ing the same, and no money raised by tax shall be used for
any other purpose than that for which it was raised without
the consent of a majority of the taxpaying voters of the dis-
trict present at an annual meeting or a special meeting, and
no moneys received from the primary school interest fund nor
from the one mill tax shall be appropriated to any other use
than the payment of teacher's wages, except as hereinafter
provided, and no money received for teachers' wages shall be
paid to any person who is not the holder of a proper certifi-
cate of qualification authorizing him to teach and granted to
said person before the commencement of his school. The
board shall not apply any moneys received by it from any
source for the support and maintenance of any school of a
sectarian character, whether the same be under the control
of any religious society or made sectarian by the school
board: Provided, Thaf after a district has maintained school
nine months the board may transfer surplus mill tax to the
general fund;
(g) To have the care and custody of all school property
and to provide suitable school privileges and sanitary con-
ditions for all schools, a suitable water supply and all nec-
essary record books and blanks;
(h) To specify the studies to be pursued in the schools of
the district and adopt a suitable course of study for, said
schools ;
(i) To select and adopt suitable text books for use in the
schools, and the secretary shall make a record of such adop
tion. Text books once adopted under the provisions of this
act shall not be changed within five years, except by the con-
sent of a majority of the qualified voters of the district pres-
ent at any annual or special meeting: Provided, That in the
adoption of text books the board shall provide for instruc-
GENERAL SCHOOL LAWS. 97
tion in the subject of physiology and hygiene with special
reference to the nature of alcohol and narcotics and their
effects upon the human system, and sanitary science. Text
books adopted in this subject shall give at least one-fourth of
their space to the consideration of such subjects, and for the
high schools such book shall contain at least twenty pages
of such matter, and the instruction in this subject shall be
given in such manner and at such times as may be suited
to the gra'de of the pupils. The text books used in giving
such instruction shall first be approved by the state board of
education. Each teacher or superintendent shall report to J e ea ^|j er to
the board of education at the close of each term or year in re
regard to the quantity and character of such special instruc-
tion in the subject of alcohol and narcotics, and the secretary
of the board shall certify to the superintendent of public in-
struction that such instruction has been given;
(j) To have the general care of the schools of the district Make rules,
and make and enforce suitable rules and regulations for the Eooks as
general management of the schools and for the preservation
of the property of the district, and to purchase at the expense
of the district such text books as may be necessary for the use
of children whose parents are not able to furnish the same.
The board may authorize or order the suspension or expul- Suspension,
sion from school of any pupil guilty of gross misdemeanor or
persistent disobedience, or one having habits or bodily condi-
tions detrimental to the school, whenever in its judgment the
interests of the school may demand it;
(k) The board may admit to the schools of the township Admission
any non-resident pupils and determine the rate of tuition of Steoff S?"
such pupils and collect the same. Children who are being
cared for at county expense shall be admitted to the school
in the township which is nearest the county house or in which
the county house may be located, on the same terms that non-
resident pupils are admitted. When non-resident pupils,
their parents or guardians, pay a school tax in said district
such children shall be admitted to the schools of the district,
and the amount of such school tax shall be credited on their
tuition in a sum not to exceed the amount of such tuition;
(1) To make rules relative to the taking of census of all School
children resident in said township district five years of age
and under 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;
(m) To fix the length of time school shall be kept in all School year.
the schools of the township, which shall be the same for all
schools and not less than five months in each year : Pro- proviso.
vided, That all persons, residents of any township school
district and five years of age shall have an equal right to
attend any school therein, and no separate school or depart-
ment shall be kept for any persons on account of race or
13
GENERAL SCHOOL LAWS.
Further
proviso.
High school.
Proviso,
payment
of tuition.
Further
proviso.
Apparatus.
Employ
superin-
tendent,
qualifica-
tions, duties.
Superin-
tendent,
duty as to
teachers.
Classify
pupils.
Course of
study, etc.
Reports.
Supervision.
Contract with
teachers,
what to
specify, etc.
color: Provided further, That this shall not be construed
to prevent the classifying and grading of the schools accord-
ing to the intellectual progress of the pupils, such grades to
be taught in such separate places as may be deemed ex-
pedient ;
(n) To establish and maintain a district library and pro-
vide for its care and management;
(o) To establish and maintain a high school or high
schools for the township and determine the qualifications for
.admission thereto: Provided, If a township high school be
not maintained the board of education shall pay out of funds
hereinbefore provided for, the tuition of any and all children
of high school age who desire to attend high schools in the
same township or in adjoining townships : Provided further,
That if in such township or adjoining townships there be no
established high school, then the tuition of such children
shall be paid in such high school as shall be designated by
such township board of education;
(p) To authorize the secretary to purchase and provide
such incidental apparatus and material as may be deemed
advisable for the schools, and to audit and order the payment
of all accounts for such expenses and material;
(q) To employ a superintendent of schools for the town-
ship, when the same is authorized by a vote of the electors
thereof, and to employ such other officers and servants as
may be necessary for the management of the schools and
school property, and to prescribe their duties and fix their
compensation. The superintendent of schools herein pro-
vided for shall be the holder of at least a state life certificate
or a normal school diploma, or he shall have educational
qualifications equivalent thereto and shall be the holder of
a diploma from a college or university of recognized stand-
ing, and he shall have the following duties:
First, To recommend in writing all teachers necessary for
the schools, and to suspend any teacher for cause, until the
board of education or a committee of such board may con-
sider such suspension;
Second, To classify and control the promotion of pupils;
Third, To recommend to the board the best methods of
arranging the course of study and the proper text books to
be used;
Fourth, To make reports in writing to the board of educa
tion and to the superintendent of public instruction annually
or oftener if required;
Fifth, To supervise and direct the work of the teachers;
Sixth, To assist the board in all matters pertaining to the
general welfare of the school, and to perform such other
duties as the board may determine;
(r) To hire and contract with such legally qualified teach-
ers as may be required, and all contracts shall be in writing
and signed by a majority of the board in behalf of the dis-
GENERAL SCHOOL LAWS. 99
trict. Said contracts shall specify the wages agreed upon
and require the teacher to keep a correct record of all school
work, the number of pupils, the classification and grading,
the aggregate and average attendance and the percentage of
attendance, and to furnish the secretary with a correct copy
of the same at the close of school. The contract shall also
require the board to provide all proper material and keep
the school property in proper and sanitary condition. The
contract shall be filed with the secretary and a duplicate
furnished the teacher. A contract with a person not holding invalid.
a legal certificate of qualification shall be invalid and all
contracts shall terminate if the certificate of the teacher shall
expire by limitation within its term, or if the certificate be
suspended or revoked by proper authority : Provided, That f e vi o ar
in case of illness of a teacher or when a legally qualified teacher.
teacher cannot be found by the board or by the commissioner
of schools, a person otherwise qualified but not holding a
certificate may be employed temporarily as a supply, and
such supply service shall be paid for from the general fund.
A school month within the meaning of the school laws shall
consist of four weeks of five days in each week;
(s) And to do all things needful and necessary for the Further
maintenance, prosperity and success of the schools of the dis-
trict and the promotion of the thorough education of the
children thereof.
(198) SEC. 10. It shall be the duty of the president of the
board:
First, To preside at all meetings of the district and of the TO preside.
board ;
Second, To countersign all orders legally drawn by the
secretary upon the treasurer for moneys to be disbursed by 01
the district, and all warrants of the secretary upon the town-
ship treasurer for moneys raised for district purposes or
apportioned to the district by the township clerk or other
officer :
Third, To cause an action to be prosecuted in the name of
the district on the treasurer's bond in case of any breach of
any condition thereof;
Fourth, To preserve order in all meetings of the district, Meetings,
and he may arrest or order the arrest of any person or per of, etc.
sons who shall conduct himself or themselves in a disorderly
manner, or who shall disturb such' meeting by rude or in-
decent behavior, or by profane or indecent discourse or in
any other way make such disturbance, and such person shall,
on conviction thereof in a court of competent jurisdiction, be Penalty.
punished by a fine of not less than two dollars nor more than
fifty dollars, or by imprisonment in the county jail not ex-
ceeding thirty days. Any justice of the peace, recorder or Jurisdiction.
police justice of the county where such offense shall be com-
mitted shall have jurisdiction to try and determine the same;
100
1 GENERAL SCHOOL LAWS.
Complaint
disturbance.
Perform
duties of
superin-
tendent.
Secretary,
duties.
Clerk of
board.
Record of
proceedings
Notice of
meetings.
Proviso.
Further
proviso.
Warrrants,
orders, etc.
Numbering.
Sign
contracts.
Purchase
apparatus.
Accounts,
payment,
etc.
for Fifth, He may make complaint before a justice of the peace
against any person who shall disturb any school in the town-
ship by rude and indecent behavior or by profane and inde-
cent discourse or in any other way make such disturbance,
and such person shall on conviction thereof be punished by a
fine of not less than two nor more than fifty dollars, or by
imprisonment in the county jail not exceeding thirty days ;
Sixth, To perform the duties required of the superintend-
ent, where such superintendent is not appointed, and such
other duties as may be appropriate to his office in the man-
agement of the schools as the board shall determine.
(199) SEC. 11. It shall be the duty of the secretary of
each board of education :
First, To act as clerk at all meetings of the 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 and sign the
Third, To give the prescribed notice of the annual meeting
and of any special meetings of the district which the board
may call : Provided, That the notice of all annual and special
meetings shall be properly posted in at least five public places
in the township and one on each school building not less than
five days prior to such meeting: Provided further, That on
the petition of at least one-tenth and not less than twenty-five
of the qualified voters of the township district presented to
the secretary or president for the purpose of calling a special
school meeting, the secretary shall give the notice as herein-
before provided;
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 or other officer
and payable to the treasurer of the district, and orders upon
the district treasurer for all moneys to be disbursed by the
district, and present such warrants or orders to the president
to be countersigned by that officer. Each warrant and order
shall be properly numbered and dated, and each warrant
shall specify the sources of the funds called for, and each
order the purpose for which and the fund upon which it is
drawn ;
Fifth, To draw and sign all contracts with teachers, super-
intendents or other employes, when directed by the district
board, and present such contracts to the other members of the
board for further signature;
Sixth, To purchase the necessary appendages and inci-
dentals for school use as hereinbefore provided, and to see that
such apparatus and material is kept in good repair at all
times ;
Seventh, To keep an accurate account of all expenses in-
curred by him as secretary, such accounts to be presented to
GENERAL SCHOOL
i< 101
and audited by the board, and on its written order paid out
of the appropriate fund;
Eighth, At the regular meeting of the board in the month Estimates,
of June, to present an estimate of the expenses necessary to h whom d
to be incurred during the ensuing year, and an estimate of presented.
the amount of money necessary for buildings, sites, or repairs,
and upon these estimates the board shall act and fix the
amount to be presented to the people at the annual meeting;
and the board shall vote the several amounts for taxes to be
levied for teachers' wages and the general running expenses
of the school as hereinbefore provided;
Ninth, To preserve and file copies of all reports to the File re-
township clerk or county clerk and the superintendent of ports ' etc<
public instruction, and to preserve and keep all books,
papers, records and other documents belonging to the office
of secretary or to the district when not otherwise provided
for, and to deliver the same to his successor in office;
Tenth, The secretary shall, at the end of the school year Annual report,
and previous to the second Monday in July, prepare an j2S i t Jtc COn ' ;
annual report of the school district, said report to contain:
(1) The whole number of children belonging to the dis-
trict five years of age and under twenty, according to the
school census of said district;
(2) The number attending school during the year;
(3) The number of non-resident pupils attending during
the year;
(4) The whole number that have attended school during
the year;
(5) The length of time school has been taught, the name
of each teacher and the length of time taught by each and
the wages paid to each;
(6) The average attendance and the percentage of attend-
ance of pupils during the year;
(7) The amount of money received from the township
treasurer apportioned to the district by the township clerk;
(8) The amount of money raised by the district and the
purposes for which it was raised, the amount of primary and
library money and the amount received from all other
sources ;
(9) The text books used in the school;
(10) Such other facts and statistics in regard to the other
schools and the subject of education as the superintendent statistics -
of public instruction shall direct. Said report shall be in Form of re-
such form as said superintendent may prepare and direct. In f or et c filing
all township districts one copy of said report shall be filed
with the township clerk on or before the first Monday of
August in each year, and the other two, together with all
others, forwarded immediately after the first Monday in
August to the county commissioner of schools ;
(11) To perform such other duties as are or shall be re-
quired by law or by the board of education.
102
GENERAL SCHOOL LAWS.
Treasurer,
duties.
To file bond,
sureties.
Surety
company.
Where filed.
Proviso,
increase
of bond.
When suit
commenced.
Custody of
moneys.
Deposits,
interest, etc.
Proviso,
inspection.
Pay orders.
(200) SEC. 12. It shall be the duty of the treasurer of the
board of education:
First, Within ten days after his election or appointment
to execute to the district and file with the secretary of the
board a bond in the full amount of money to come into his
hands during each year as such treasurer, as near as the
same can be ascertained, with two or more sufficient sureties,
each of whom shall justify under oath and before a proper
officer, to the amount for which he is held in the bond, and
the sum of such amounts shall be equal to the full amount of
the bond ; or the treasurer may provide, at the expense of the
district, a similar bond of some surety company authorized
to do business in this state, said bond to be approved by the
president and secretary of the board, conditioned for the
faithful performance of his duties under this act and
honestly accounting for all moneys coming into his hands be-
longing to said district according to the general accounting
laws of the state. Said bond when approved shall be filed
with the secretary of the board, and none of the books, money
or property of the district shall be placed in the hands of the
treasurer until such bond has been so filed and approved:
Provided, That if for any unforeseen reason a larger sum of
money should become due the district than the bond would
cover, the treasurer shall increase the bond to the proper
amount before such money comes into his hands. In case of
any breach of the conditions of said bond the president shall
cause suit to be commenced thereon in the name of the dis-
trict, and any moneys collected thereon shall be paid into the
township treasury, subject to the order of the district, and
such moneys shall be applied to the same purposes as the
money lost should have been applied by the treasurer;
Second, The treasurer shall have the care and custody of
all the moneys of the district coming into his hands, and he
shall not loan the same, nor use the same for his own pur-
poses, nor permit other private individuals or corporations to
use the same except as provided by law, nor shall he mix such
money with his own money, but he shall keep it separate and
apart from all other funds;
Third, He may, with the consent of the board *of education,
deposit school moneys with any bank or banking corporation
or trust company for safe-keeping, and require such bank or
company to pay interest thereon. Such deposit shall be made
in his name as treasurer of the district, and such interest
shall be accounted for to the district and become a part of
the general fund of said district: Provided, That any deposit
of such funds shall not be privileged, but shall be open to in-
spection of any trustee of the district or any person author-
ized to audit school accounts;
Fourth, To pay all orders of the secretary when lawfully
drawn and countersigned by the president, out of any moneys
m his hands belonging to the fund* upon which such orders
may be drawn ;
GENERAL SCHOOL LAWS. 103
Fifth, To keep a book in which all moneys received and Keep hook of
disbursed shall be entered, the sources from which the same a<
have been received, and the person to whom and the objects
for which the same have been paid;
Sixth, To present to the district board and to the district Annual
at the close of the school year a report in writing containing re P rts -
a statement of all moneys received during the preceding year
and of each item of disbursement made, and exhibit the
vouchers therefor, and said vouchers shall be filed in his office
permanently ;
Seventh, To appear for and on behalf of the district in alt i p ? g5 for
suits brought by or against the same, when no other directions in suits.
shall be given by the qualified voters in a district meeting,
except in suits in which he is interested adversely to the dis-
trict, and in all such cases the president shall appear for the
district ;
Eighth, At the close of his term of office to settle with the Deliver
district board and to deliver to his successor in office all books - etc -
books, vouchers, orders, documents and papers belonging to
the office of treasurer, together with all district moneys re-
maining on hand;
Ninth, To perform such other duties as are or shall be re- other duties.
quired by law of the treasurer.
(201) SEC. 13. At each annual school meeting held in Tax estimate.
said township district the board of education shall present
its estimate of the amount of money needed to be raised by
tax during the ensuing year for buildings, sites and repairs,
and an estimate of the amount for which bonds shall be
issued if needed. This estimate shall be presented by the
board and considered by the qualified voters during the last
two hours of the time during which the polls for the election
of trustees are to be open, or between the hours of three and
five o'clock p. m. The qualified voters on the question of vot- Electors to
, i , . i 11 -> , , i , determine
mg taxes present at that time shall determine the amount amount.
of money to be raised by tax for these purposes, and they may
direct that the vote shall be taken by ballot or in any other
way which shall be deemed best. The people shall have increase or
authority to increase or decrease the amount of the estimate d<
submitted by the board and when such amounts have been
voted by a majority of the qualified voters present the secre-
tary of the board of education shall, on or before the first
Monday of August, certify to the township clerk of the town-
ship the amount of such taxes, together with the amount of
all taxes which the board of education is authorized to im-
pose, and said township clerk shall report the same to the ** e P r t. to
supervisor of the township, and if the township district is a duty r of? r '
fractional district said clerk shall report such taxes to the
clerks of other townships in which said district may be in
part situated, and such clerks shall report the amounts to
their respective supervisors who shall spread the same upon
the regular tax roll of such township or townships in the
104
Proviso.
Further
proviso,
special
meeting,
bonding.
Form of
ballot.
GENERAL SCHOOL LAWS.
Issuance
and sale.
Proviso,
tax.
Taxes in
separate
column.
When town-
ship treas-
urer to pay
over moneys.
To collect
from other
treasurers.
Statement,
board to
make, con-
tents, etc.
manner provided for by statute, and the same shall be levied,
collected and returned in the same manner as all township
taxes: Provided, That if the qualified voters present as
aforesaid do not or cannot determine the amount of money
to be raised by tax for the purposes specified, the board of
education shall determine the same: Provided further, That
special meetings of the district may be called to vote on the
question of bonding the district for any of the purposes men-
tioned. Such vote shall be by ballot and a majority of the
votes cast shall be necessary to carry the question. The form
of ballot shall be: "For bonding the township district for
| 9 Yes," "For bonding the township district
f or | , No." On the question of bonding,
the board of education shall act as an election board and
cause a poll list to be kept and a suitable ballot box used, and
conduct the election and canvass the votes in the same man-
ner as a regular school election. When bonds have been
voted the board shall proceed to issue and sell the bonds and
fix the rate of interest and term of payments thereon. The
period of any school bonds shall not exceed fifteen years:
Provided, That when any money shall have been borrowed
by any township school district upon the bonds of said dis-
trict the qualified voters of such district shall have power at
any annual or special meeting to impose a tax on the taxable
property in such district for the purpose of paying the prin-
cipal or any part thereof and the interest thereon, to be
levied and collected as other school district taxes are levied
and collected.
(202) SEC. 14. All taxes assessed within said township or
township district for school purposes shall be set forth in the
assessment roll of the proper township in a separate column,
apart and distinct from all other township taxes.
(203) SEC. 15. The treasurer of the township shall at any
time, on the written request of the board of education, re-
port to said board the amount of school money in his hands
and shall, on the order of the secretary of the board counter-
signed by the president, pay to the treasurer of the board all
or any of such moneys. The treasurer of the township shall
collect from the treasurers of other townships in which the
district may be in part located all school moneys belonging
to such district on or before March first in each year and re-
port the same to the township clerk.
(204) SEC. 16. The said board of education shall annu-
ally, on or before its regular meeting in the month of June,
make a detailed statement of the number of schools in said
township district, the number of teachers employed, the num-
ber of pupils instructed therein during the preceding year,
the itemized expenditures of said board for all purposes, the
resources and liabilities of said district and also an estimate
of the necessary expenses for the ensuing year exclusive of
1
GENERAL SCHOOL LAWS. 105
the income from the primary school interest fund and one Recording of.
mill tax, which report or statement shall be entered at length
in the records of said board and shall be publicly read by the
president of said board or any member of the board, to the
voters of the township at their annual meeting on the second
Monday of July.
(205) SEC. I7. The board of education at any annual or Free text-
. , .. , .,, .1 /.JITJ.JJI books, mav
special meeting may submit to the voters of the district the be submitted.
question of free text-books, and if a majority of the voters
present shall vote in favor of the use of free text-books, the
said board shall be authorized to proceed to make a contract
with some dealer or publisher to furnish the necessary books
used in said district at a price not greater than the net whole
sale price of such books, and to vote a tax for such purpose : '
Provided, That the voters at such meeting may direct the Proviso, bids.
board of education to advertise for proposals and bids on
such contract. Annually thereafter the board of education TO be included
shall include in its budget a sufficient amount to maintain in
and provide the proper text-books for use in schools and such
text-books shall be sold to pupils at cost and furnished free
to such pupils as are unable to buy them, and such books
furnished free shall be the property of the district : Provided Further
further, That nothing herein contained shall prevent any dis- p
trict having once adopted free text-books from taking further
action on the subject at any subsequent annual meeting.
(206) SEC. 18. All school property, both real and personal, Property
within the limits of the township district as created or organ- a
ized under this act, shall by force of this act become the prop-
erty of the public schools of the township, and all debts and
liabilities of the several districts heretofore organized in such
township as they existed prior to the passage of this act shall
become the debts and liabilities of the said public schools of
the township.
(207) SEC. 19. All monev raised or being raised by tax, Ta * not in-
. ," , , . , . , .-ii validated, etc.
or accrued or accruing to the school districts of said town-
ship as described herein, shall become the money of the public
schools of the township, and no tax heretofore ordered
assessed or levied for school purposes in said township or
other proceedings shall be invalidated or affected by means
of this act.
(208) SEC. 20. The compensation of members of the compensation
board of education other than the secretary and treasurer ofncers.
shall be two dollars for attendance at each regular meeting
of the board. The secretary and treasurer of said board shall
receive such compensation for their services as the board of
education may determine, not exceeding one hundred dollars
for the treasurer and one hundred twenty-five dollars for the
secretary per annum. The amount of money necessary for
the services of district officers shall be included in^the regular
budget voted by the board of education and shall be paid
from the general fund. ... I.r
14
106
GENERAL SCHOOL LAWS.
Board
township
officers
ineligible.
Member not
to act as
agent.
Interest in
contract.
Penalty.
Refusal to
accept office
or perform
duty.
Removal
from office.
Proviso,
when order
to stand.
(209) SEC. 21. The several township officers shall be in
elio-ible to election as members of the board of education dur-
ing the term for which they were elected and any votes cast
for such township officers for members of the board of edu-
cation shall be void. It shall be illegal for any member of the
board of education to act as agent for any author, publisher
or seller of school books or school apparatus, or to receive
any gift or reward for his influence in recommending the pur-
chase or use of any school book or apparatus in the state of
Michigan. It shall be illegal for any member of the board of
education to perform any labor except as provided in this
act, or furnish any material or supplies for the school district
in which he is an officer, and he shall not be personally inter-
'ested in any way whatever, directly or indirectly, in any
contract with the district in which he holds office. Any act
herein prohibited, if performed by any such school officer,
shall be deemed a misdemeanor and he shall be liable to the
punishment provided for such offense in accordance with the
provisions of the statute in such case made and provided.
(210) SEC. 22. Any person duly elected to the office of
trustee of any township district, who shall neglect or refuse
without sufficient cause to accept such office and serve there-
in, or who having entered upon the duties of his office shall
neglect or refuse to perform any duty required of him by vir
tue of his office, shall, upon conviction in any court of com-
petent jurisdiction, be fined not less than ten dollars in the
discretion of the court, and if he shall still continue to neg-
lect or refuse to perform the duties he shall be liable for a
similar forfeiture for each such offense; or any such officer
may be removed from office in the manner provided in this
act.
(211) SEC. 23. The superintendent of public instruction
shall have power and is hereby required to remove from office,
upon satisfactory proof and after at least ten days' notice to
the party implicated, any trustee of any township school dis-
trict who shall have illegally used or disposed of any of the
public moneys entrusted to his charge, or who shall persist-
ently 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 said state superintendent
to record in the office of the township clerk of such township
the resolution or order for such removal, and such record of
such resolution or order so entered, or a certified copy there-
of, shall be prirna facie evidence in all courts and places of
jurisdiction of the regularity of such proceedings for re-
moval, and said state superintendent shall file a similar copy
of the proceedings in the records of his office: Provided,
That if the party so removed shall, within thirty days after
such removal, institute proceedings before a court of compe-
tent jurisdiction for the setting aside of such order for re-
moval from office, r if after said thirty days such proceed-
GENERAL SCHOOL LAWS. 107
ings to obtain such removal shall be discontinued or dis-
missed, the said order for removal from office shall stand
and not be subject to attack by any legal proceedings there-
after.
(212) SEC. 24. When any township district comprising Consolidation
1 1 i. j j j j i_ of townships,
one township shall be divided into two or more townships board to act.
or when any two townships are consolidated for school pur-
poses, the existing board or boards of trustees shall continue
to act for all the townships until the same shall have been
organized and the township boards of trustees duly elected
and qualified therein. Immediately after such organization Joint session,
the township boards of education of each of the townships appra
shall meet in joint session and direct an appraisal of all the
school property of the former township to be made. When
such appraisal has been made said township boards of edu-
cation shall make an equitable division of the existing assets
and liabilities of the school districts of such former township,
basing their apportionment upon the amount of taxable
propert}^ in the township divided, as shown by the last assess-
ment roll of such former township. When a township district Alteration
shall be altered in its limits by annexing a portion of its
territory to another township or townships, the township
boards of education of such townships shall, immediately
after such alteration, meet in joint session and make an
equitable division of the assets and liabilities of the school
districts 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.
(213) SEC. 25. When any ten or more qualified voters in Appeal from
any township district shall feel themselves aggrieved by any jjard f
action, order or decision of the board of education with refer-
ence to the formation of any school, the division or arrange-
ment of any territory, or location of the schools, or the main-
taining of school in any part of said district, they may, at
any. time within ninety days from the time of such action on
the part of said board of education, appeal from such action,
order or decision of said board of education to the state
superintendent of public instruction, and notice of such
appeal shall be served on the secretary of the board of educa-
tion. The superintendent of public instruction, upon the Supt. of pub-
receipt of such appeal, shall have power to entertain such
appeal, and review, confirm, set aside or amend the action,
order or decision of the board of education thus appealed
from, or if in his opinion the appeal is frivolous or without
sufficient cause, he may summarily dismiss the same. Said
state superintendent of public instruction, before acting
upon such appeal, may visit the locality or appoint some one
to do so, and investigate carefully the action, order or deci-
sion and its effect upon the district and the conditions sur-
rounding the same, and he or his appointee shall give a hear-
108
GENERAL SCHOOL LAWS.
ing at some place within the county where such township
district may be located and to such hearing he may summon
the board of education, the complainants and any persons
who may have knowledge of the matter at issue. After the
hearing and due consideration, said superintendent shall ren-
der his decision which shall be final.
TOWNSHIP SCHOOL DISTRICTS IN UPPER PENINSULA.
An Act for the organization of township school districts in the upper
peninsula.
Petition for
organization.
Clerk to
notify
board.
When town-
ship to be-
come single
district.
[Act 176, 1891.]
The People of the State of Michigan enact:
(214) 4823. SECTION 1. Whenever the qualified elec-
tors of any organized township in the upper peninsula desire
to become organized into a single school district, they may
petition the township board to proceed as hereinafter pro-
vided for organizing a township school district. Such peti-
tion shall be signed by a majority of the electors of the town-
ship qualified to vote at school meetings and shall be filed in
the office of the township clerk at least fifteen days prior to
the first day of July. Upon the receipt and filing of said
petition, the township clerk shall notify the members of the
township board and the school inspectors of the township to
attend a special meeting to be held not more than five days
thereafter, 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 school meetings, .and if it be found that a
majority of the voters so qualified to vote have signed -the
petition that the organized township of which they are resi-
dents be organized as a single school district, the township
board shall give notice by posting notices thereof in five
public places in said township, that on the second Monday
of July the following officers will be elected for such school
district; and they shall make and file, both with the county
clerk and with the county commissioner of schools of the
county in which such township is located, a certified copy of
the above mentioned petition, together with their finding and
doings thereon ; and when the district officers shall have been
duly elected and shall have filed their acceptance with the
township clerk, 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
graded school districts by the laws of this state, all the gen-
GENERAL SCHOOL LAWS. 109
eral 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:
Provided, That, immediately after the organization of the
township district, the board of education may divide the districts.
township into such number of sub-districts as they may deem
necessary for the accommodation of all children of school
age therein, designating the same as follows: Sub-district
number one, sub-district number two, etc.
Am. 1903, Act 154.
This act is constitutional. Perrizo v. Kesler, 93 / 280 ; Keweenaw Ass'n
v. Sen. Dist., 98 / 441. The provision authorizing the township board and
school inspectors to determine whether a majority of the qualified electors of
the township have signed the petition, is sufficient. Jd. As to filing a cer-
tified 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.
(215) 4824. SEC. 2. The officers of said district shall Board of edu
consist of five trustees, who shall constitute the board of edu- cJnsStutST.
cation of said district, and the term of office shall be three
years. On the second Monday of July following the action of
the township board, as stated in section one of this act, the
qualified voters of the .township shall proceed to elect from
their number, by ballot, one trustee for the term of one year,
two for the term of two years and two for the term of three
years, and annually thereafter a successor or successors to
the trustee or trustees whose term of office shall expire. The
term for which the person voted for is intended shall be
designated on the ballot. The qualifications of voters and the
conditions of eligibility for office holding shall be the same as
provided in the general school laws. At the first election Elections,
held in said district, the township board shall act as a board ducted!*"
of election, and they shall canvass the votes in the same man-
ner as votes for elective township officers are canvassed. At
succeeding elections the qualified voters present shall desig-
nate three qualified voters to act as a board of election and
board of canvassers, who shall respectively take and sub-
scribe the constitutional oath of office, which oath any mem-
ber of the board of trustees may administer. In the election
of trustees the person or persons receiving a majority of all
the votes cast shall be declared elected, and he or they shall
hold office until his or their successor or successors shall have
been duly elected and filed his or their acceptance. The ^jJ^JJ 1
annual meeting of said district shall occur on the second when held.
Monday of July in each year, at the usual place of holding
the annual township meeting, and it shall be the duty of the
secretary to give notice of all annual meetings and of any
special meeting of said district by posting a written or
printed notice thereof in at least five conspicuous places in
said township at least five days prior to said meeting. At
the first school meeting and all succeeding annual meetings
the polls shall open at three o'clock p. m. and be kept open
four hours, during the last hour of which time the voters
shall transact such business as may lawfully come before
110
GENERAL SCHOOL LAWS.
them, according to the provisions of section nine of this act.
First eiec- In all townships organized prior to April first, nineteen hun-
MdVcertain dred three, under the provisions of act number one hundred
townships. seventy-six of the public acts of eighteen hundred ninety-one,
the first election of trustees under this act shall be held on
the second Monday of July, nineteen hundred three, in the
manner provided in this section for the election in a town-
ship newly organized as a single school district; and im-
mediately thereafter the records, property and documents be-
longing to said district shall be turned over to the newly
proviso. elected board of education: Provided, That the district
officers elected at the annual election in April, nineteen hun-
dred three, under the provisions of act number one hundred
seventy-six of the public acts of eighteen hundred ninety-one,
shall act as the board of education until the trustees elected
on the said second Monday in July, nineteen hundred three,
shall have filed their acceptances and become duly qualified.
Am. 1903, Act 154.
Perrlzo v. Kesler, 93/283.
Officers, how
notified of
election.
Proviso.
Board of
education,
how or-
ganized.
Duties of
president.
Secretary.
Treasurer.
(216) 4825. SEC. 3. Within five days after the first
election under this act, the township clerk shall notify, in
writing, the persons elected trustees of their election, and
within five days thereafter said trustees so elected shall take
and subscribe the oath of office prescribed by the constitution
of this state, before any officer authorized to administer
oaths, and file the same with the township clerk: Provided,
That after the district shall have been organized under the
provisions of this act, the members of the board of education
shall file their acceptances with the secretary of the board.
Am. Id.
(217) 4826. SEC. 4. The members of the board of edu-
cation shall meet on the fourth Monday of July following the
first election under this act and elect from their number a
president, a secretary, and a treasurer, who shall severally
serve in such capacity during his term of office and until his
successor shall have been duly elected and duly qualified.
The president shall preside at all meetings of the district, and
of the board, and perform such other duties as are required
of the moderator in a primary school district. The secretary
shall faithfully record all proceedings of annual and special
meetings of the district and of all meetings of the board, re-
ceive and file all records, papers, and other documents belong-
ing to the district, and perform such other duties as are re-
quired of the director in primary school districts. It shall
be the duty of the treasurer in each district to execute and
i with the secretary, within ten days after his election or
ippomtment, a bond in the full amount of .money to come
us hands as such treasurer during his term of office, as
near as the same can be ascertained, with two sufficient
GENERAL SCHOOL LAWS. Ill
sureties who shall be residents of the same county, or shall
furnish a similar bond of some surety company authorized
to do business in this state, to be approved by the president
and secretary of the board, conditioned for the faithful per-
formance of his duties under this act, and honestly account-
ing for all moneys coming into his hands belonging to said
district. It shall be the duty of the treasurer of said board
to apply for and receive from the township treasurer, or
other officer holding the same, on the presentation of a war-
rant signed by the president and secretary of the school
board, all moneys appropriated or apportioned for primary
schools and for district library of said district. The said
treasurer shall have the keeping of all school and library
moneys, and shall not pay out the same without the author-
ity of the board, upon warrants or orders drawn upon him
and signed by the secretary and countersigned by the presi-
dent; and he shall perform such other duties as are required
of the treasurer in primary school districts.
Am. Id.
(218) 4827. SEC. 5. Said board of education shall vacancies.
have power to fill all vacancies that may occur in the office of
trustee until the next annual election, and such trustee shall
file with the secretary of said board his oath of office within
five days after such appointment by the board.
Am. Id.
(219) 4828. SEC. 6. A majority of the members of Quorum,
said board shall constitute a quorum, and the regular meet- r
ings of said board shall be held on the fourth Monday of
March, June, September, and December in each year, and no
notice of such meeting shall be required, and any two mem
bers of said board shall be sufficient to adjourn any meeting
from time to time until a quorum is present. Special meet-
ings of said board may be called at any time on the request
of the president, or any two members thereof, in writing, de-
livered to the secretary; and the secretary, upon receiving
such request, shall at once notify each member of said board
of the time of holding such meeting, which shall be at least
two days subsequent to the time of receiving such request by
said secretary : Provided, That in case all the members shall Proviso,
sign a waiver of notice on the minute book of the secretary no
notice shall be necessary. All records and papers of said
district shall be kept in the custody of said secretary and
shall be open to the inspection of any qualified voter of said
district.
Am. Id.
Shafer v. Sch. Dist., 116/206.
112
GENERAL SCHOOL LAWS.
To be board
of school
inspectors.
Powers and
duties.
Electors to
determine
amount to
be raised.
Proviso as
to neglect.
(220) 4829. SEC. 7. The said board shall be the board
of school inspectors for said district and shall, as such, re-
port to the clerk of the county in which such township is
located and shall have all the powers and perform all the
duties now enjoyed and performed by boards of school in-
spectors; and the secretary of said board shall perform all
the duties required by law of the chairman of the board of
school inspectors ; and the board of school inspectors for such
township is hereby abolished, except as its powers are vested
in said board of education.
Am. Id.
(221) 4830. SEC. 8. The board of education of said
district shall have power and authority to designate and pur-
chase schoolhouse sites, erect buildings and furnish the same,
employ legally 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 interest fund; and said board shall have authority to
make all needful regulations and by-laws relative to the
visitation of schools; relative to the length of time school
shall be kept, which shall not be less than five months in each
year; relative to the employment of teachers duly and legally
qualified; relative to the regulation of schools and the books
to be used therein; and generally, to do all things needful
and desirable for the maintenance, prosperity, and success of
the schools of said district, and the promotion of a thorough
education of the children thereof. When in any contiguous
territory of said township district there are ten or more
children of school age, living not less than three miles, nor
more than eight miles, from any schoolhouse in said district,
the board of education shall, upon the petition of a majority
of the parents or legal guardians of said children, provide
school advantages -for such children, either by establishing a
sub-district, or by providing transportation to some school
already established within the township.
Am. Id.
Perrizo v. Kesler, 93 / 283.
(222) 4831. SEC. 9. At each annual school meeting
held in said township, the qualified voters present shall deter-
mine the amount of money to be raised by tax for all school
purposes for the ensuing "year:- Provided, That in case the
voters at any annual school meeting shall neglect or refuse to
determine the amount to be raised as aforesaid, then the
board of education shall determine the same at the first reg-
ular meeting thereof, which amount the secretary shall, with-
in thirty days thereafter, certify to the supervisor of the town-
ship, who shall spread the same upon the regular tax roll of
GENERAL SCHOOL LAWS. 113
said township, and the same shall be levied, collected and re-
turned in the same manner as other township taxes : Pro- Proviso as
vided, That for purchasing school lots and for erecting school- to ai
houses no greater sum than three mills on the dollar of all
the taxable valuation of the real and personal property in
said township shall be levied in any one year.
Am. Id.
Auditor General v. Duluth, South Shore, etc., 116 / 122 ; Auditor General
v. Sparrow, 116 / 576.
(223) 4832. SEC. 10. All taxes assessed within said Taxes to
township for school purposes shall be set forth in the assess- !l?ron. for
merit roll of said township, in a separate column, apart and
distinct from all other township taxes.
Am. Id.
(224) 4833. SEC. 11. The treasurer of the township Treasurer
shall, at any time, at the written request of said board of to boar?.
education, report to said board the amount of school money
in his hands, and shall, on the order of the secretary of said
board of education, countersigned by the president, pay to
the treasurer of said board, all or any of such money.
Am. Id.
(225) 4834. SEC. 12. The said board shall annually, Board to
prior to the second Monday of July in each year, make a
detailed statement of the number of schools in said district,
the number of teachers employed, the number of pupils in-
structed therein during the preceding year, the expenditures
of said board for all purposes, the resources and liabilities of
said district, and also an estimate of the necessary expenses
for the ensuing year exclusive of the income from the prim-
ary school interest fund and one mill tax, which report or
statement shall be entered at length in the record of said
board and shall be publicly read by the president of said
board, or in his absence by the secretary thereof, to the voters
of said township, at their annual meeting on the second Mon-
day of July.
Am. Id.
(226) 4835. SEC. 13. All school property, both real Disposition
and personal, within the limits of a township incorporated as property.
aforesaid, shall, by force of this act, become the property of
the public schools of such township, and all debts and liabili-
ties of the primary school districts of said township, as they
existed prior to its incorporation under the provisions of this
act, shall become the debts and liabilities of said public
schools of the township so incorporated.
Am. Td.
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.
15
114
GENERAL SCHOOL LAWS.
Of moneys
raised by
tax.
Compensation
of board.
In case of
division of
township.
Alteration,
etc.
(227) 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 schools of
the township, and no tax heretofore ordered assessed or
levied for school purposes in said township, or other proceed-
ings, shall be invalidated or affected by means of this act.
Am. Id.
(228) 4837. SEC. IS. The compensation of the mem-
bers of the board of education other than the secretary and
treasurer shall be two dollars for attendance at each regular
meeting of the board. The secretary and treasurer of said
board shall receive such compensation for their services as
the board of education may determine, not exceeding one
hundred dollars for the treasurer and one hundred twenty-
five dollars for the secretary, per annum.
Am. Id.
(229) 4838. SEC. 16. When any township district
shall be divided into two or more townships, the existing
board of trustees shall continue to act for all the townships
until the same shall have been organized and the township
boards of trustees duly elected and qualified therein. Imme-
diately after such organization the township boards of educa-
tion of each of the townships shall meet in joint session and
direct an appraisal of all the school property of the former
township to be made. When such appraisal has been made,
said township boards of education shall make an equitable
division of the existing assets and liabilities of the school dis-
tricts of such former township, basing their apportionment
upon the amount of taxable property in the township divided,
as shown by the last assessment roll of such former township.
When a township district shall be altered in its limits by an-
nexing a portion of its territory to another township or town-
ships, the township boards of education of each of the town-
ships shall, immediately after such alteration, meet in joint
session and make an equitable division of the assets and
liabilities of the school districts 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.
Am. Id.
SEC. 17. All acts contravening the provisions of this act
are hereby repealed.
Added, 1909, Act 7.
f
were 1%e P ealed
GENERAL SCHOOL LAWS. 115
BOUNDARIES OF SCHOOL DISTRICTS IN CITIES.
An Act in relation to the boundaries of school districts in cities,
and the boundaries of school districts which have been fixed by
legislative act.
[Act 86, 1909.]
The People of the State of Michigan enact:
(230) SECTION 1. Whenever a change in, or the establish- Boundaries,
ment of, the boundaries of a school district of any city is "
desired or becomes necessary, such change or establishment
may be made by the joint action of the board of education of
such district or the board of trustees of such city and the
township board of the township in which the territory may
be located, or the township boards if the territory affected
is located in more than one township, adjoining such district.
Whenever any change is contemplated in regard to the
boundaries of the school district, and a majority of the duty.'
members of the board of education or board of trustees shall
vote in favor thereof, it shall be the duty of said board to
elect four of its members as a committee to meet with the
proper township board in the joint meeting herein authorized,
and the secretary of the board of education or board of
trustees shall notify the township board or boards of the
township or townships in which the territory intended to be
attached to or detached from the school district is located,
that a joint meeting of such township board or boards will Joint meet-
be held with the committee of the board of education or board mgs * nc
of trustees of the city at a place, on a date and at an hour
named in said notice, but not within ten days of the date of
such notice. The secretary of the board of education or HOW made.
board of trustees shall notify the township board or boards,
through the township clerk of such township or townships,
and he shall also notify the committee representing the mem-
bers of the board of education of the city of the time and
place of such meeting. It shall be the duty of each memb3r
of each board or committee to attend such meeting. When ^airman
the joint boards and committee have assembled they shall election of.
elect from their number a chairman and a clerk and shall
proceed to consider the changes contemplated and it shall
require a majority of all the members elect of the joint
boards for affirmative action. The provisions of this act shall
apply to all school districts, the boundaries of which have
been fixed by legislative act, and to school districts governed
by the fourth class city act. When said joint boards have Maps, ai-
made alterations in the boundaries of the school district, teratlons of -
they shall prepare a map showing in detail the boundaries of
the original school district and the boundaries of the terri- ruing of. *
tory annexed or detached, and a copy of such map shall be
kept on file in the office of the secretary of the board of edu
116
GENERAL SCHOOL LAWS.
May peti-
tion board.
School
matters,
provisions
governing.
Certificate.
Taxes,
apportion-
ment of.
cation or board of trustees, and in the office of the township
clerk or clerks of the township or townships in which the
territory may be located.
(231) SEC. 2. Any persons residing on territory adjoin-
ing any city district, or in any school district the boundaries
of which have been fixed by legislative act, who desire to have
their property attached to or detached from such school
district, may petition the board of education or the board
of trustees thereof to have such territory annexed or de-
tached, as the case may be, and when such petition has been
received the secretary of the board of education or the board
of trustees shall proceed as hereinbefore stated and call
a meeting of the board of education or board of trustees,
and the township board, to take action on such petition.
(232) SEC. 3. When any territory shall be attached to
or detached from the school district of any city, or any school
district the boundaries of which have been fixed by legis-
lative act, in pursuance of the provisions of this act, it shall
in all things relative to school matters be governed by the
provisions of the law in force and governing such district
at the time the change of boundaries is made.
(233) SEC. 4. The board of education or the board of
trustees of any district which by reason of the provisions of
this act is extended beyond the limits of any single munici-
pality, shall, within the time provided by law, for certifying
taxes by township clerks, certify to the board of supervisors
all amounts to be raised therein for school purposes. The
board of supervisors shall, in accordance with law, apportion
such school taxes to the several municipalities possessing ter-
ritory in such district in proportion to the assessed valuation
of each municipality within such district, and shall certify
the same to the proper officer thereof.
Boards to
collect fees
from appli-
cants for
certificates.
TEACHERS' INSTITUTES.
An Act to provide* for the better support of teachers' institutes, and
to repeal sections three thousand seven hundred and eighty-nine,
three thousand seven hundred and ninety, and three thousand seven
hundred and ninety-one of the compiled laws of eighteen hundred
and seventy-one.
[Act 53, 1877.]
The People of the State of Michigan enact:
(234) 4839. SECTION 1. That all boards or officers,
authorized by law to examine applicants for certificates of
qualification as teachers, shall collect, at the time of examina-
tion, from each male applicant for a certificate, an annual fee
of one dollar, and from each female applicant for a certifi-
GENERAL SCHOOL LAWS. 117
cate, an annual fee of fifty cents, and the director and secre-
tary of any school board that shall employ any teacher who When to be
has not paid the fee hereinbefore provided, shall collect, at Srec?or?etc.,
the time of making contract, from each male teacher so em- board 001
ployed, an annual fee of one dollar, and from each female
teacher so employed, an annual fee of fifty cents. All per- Receipt,
sons paying a fee as required by this section, shall be given a
receipt for the same, and no person shall be required to pay
said fee more than once in any school year.
ACT VALID : This act does not conflict with Const., Art. X, section 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 is valid. Hammond v. School Board, 109 / 676.
(235) 4840. SEC. 2. All such fees, collected by -the -^position
director or secretary of any school board, shall be paid over
to the secretary 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, ac-
companied by a list of those persons from whom they were col-
lected, 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 exam-
iners- to the treasurer of the county in which they were col-
lected, on or before the last day of March, June, September
and December, in each year, accompanied by a complete list
of all persons from whom said fees were collected, and a like
list, accompanied by a statement from the county treasurer
that said fees have been paid to him, shall be sent by said
secretary to the 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.
(236) 4841. SEC. 3. The superintendent of public in- Annual
struction shall annually appoint a time and place in each or- -
ganized county for holding a teachers' institute, make suit-
able arrangements therefor, and give due notice thereof:
Provided, That in organized counties having less than one p rovis0f
thousand children between the ages of five and twenty years,
the holding of such institute shall be optional with the said intendent
superintendent, 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 suflfi- Proviso,
cient number of teachers in any county to make such request,
then teachers of adjoining counties who desire to attend such
institute may unite in the required application to said super-
intendent : Provided, also, That the said' superintendent proviso.
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.
118
GENERAL SCHOOL LAWS.
In case of
inability of
superin-
tendent.
Certificate of
attendance.
Teachers at-
tending not
to forfeit
wages.
Expense of
institute,
how paid.
May draw
on state
treasurer.
Yearly
state
institute.
(237) 4842. SEC. 4. The superintendent of public in-
struction, in case of inability personally to conduct any insti-
tute, or to make the necessary arrangements for holding the
same, is hereby authorized to appoint some suitable person
for that purpose, who shall be subject to the direction of said
superintendent. Every teacher attending any institute held
in accordance with the provisions of this act, shall be given
by the superintendent of public instruction, or by the duly
appointed conductor, a certificate setting forth at what ses-
sions of said institute such teacher shall have been in attend-
ance, and any teacher who shall have closed his or her school,
in order to attend said institute, shall not forfeit his or her
wages as teacher, during such time as he or she shall have
been in attendance at said institute, and the certificate here-
inbefore provided shall be evidence of such attendance.
(238) 4843. SEC. 5. For the purpose of defraying the
expenses of rooms, fires, lights, or other necessary charges,
and for procuring teachers and lecturers, the said superin-
tendent, or the person duly authorized by him to conduct said
institute, may demand of the county clerk of each county for
the benefit of which the institute is held, who shall thereupon
draw an order on the county treasurer of his county for such
sum, not exceeding the amount of the institute fund in the
county treasury, as may be necessary to defray the expenses
of said institute; and the treasurer of said county is hereby
required to pay over to said superintendent or duly appointed
institute conductor, from the institute fund in his hands, the
amount of said order.
(239) 4844. SEC. 6. In case the institute fund in any
county shall be insufficient to defray the necessary expenses
of any institute held under the provisions of this act, the
auditor general shall, upon the certificate of the superin-
tendent that he has made arrangements for holding such in-
stitute and that the county institute fund is insufficient to
meet the expenses thereof, draw his warrant upon the state
treasurer for such additional sum as said superintendent
shall deem necessary for conducting such institute, which
sum shall not exceed one hundred dollars for each institute,
and shall be paid out of the general fund.
Am. 1899, Act 64.
(240) 4845. SEC. 7. The superintendent is authorized
to hold, once in each year, an institute for the state at large,
to be denominated a state institute, and for the purpose of
defraying the necessary expenses of such institute, the audi-
P general shall, on the certificate of said superintendent
that he has made arrangements for holding such institute,
draw his warrant upon the state treasurer for such sum as
aid superintendent 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
GENERAL SCHOOL LAWS. 119
not more than three thousand dollars shall be drawn from
the treasury or any greater liability incurred in any one year
to meet the provisions of this act.
Am. Id.
(241) 4846. SEC. 8. The superintendent of public in-
struction, or the conductor of the institute by him appointed,
drawing money from the county treasurer, under section five
of this act, shall, at the close of each institute, furnish to the
county treasurer, vouchers for all payments from the same in
accordance with this act, and he shall return to the county
treasurer whatever of the amount that may remain unex-
pended, to be replaced in the institute fund.
BUREAU OF INFORMATION.
An Act to provide for the establishment in the office of the superin-
tendent of public instruction of a bureau of information for the
benefit of school officers, superintendents .and teachers.
[Act 251, 1907.]'
The People of the State of Michigan enact:
(242) SECTION 1. The superintendent of public instruc- information
tion shall establish and maintain in his office a bureau of in- estaSBsh-
formation wherein teachers desiring employment may reg- ing of -
ister and file such papers as to their qualifications as they
may deem fit, and wherein school officers and superintend-
ents may register vacancies in their respective schools. Each Fee for
teacher so registering shall pay a fee of one dollar to the resist<
superintendent of public instruction, which fees shall be
deposited with the state treasurer, and by him placed to the
credit of the general fund.
(243) SEC. 2. Such information as is contained in said informa-
bureau shall be given without charge to all school officers, tlon free>
superintendents and teachers who may ask therefor, but
neither the superintendent of public instruction nor any one
employed in his office shall be required to recommend any
teachers for positions.
120
GENERAL SCHOOL LAWS.
Children of
certain ages
to attend
school.
exceptions.
COMPULSORY EDUCATION.
An Act to provide for the compulsory education of children, for pen-
alties for failure to comply with the provisions of this act, and to
repeal all acts or parts of acts conflicting with the provisions of
the same.
[Act 200, 1905, repealing Act 95, 189o.]
The People of the State of Michigan enact:
(244) SECTION 1. Every parent, guardian or other per-
son in the state of Michigan having control and charge of
any jchild between the ages of seven and sixteen years, shall
be required to send such child to the public schools during
the entire school year, and such attendance shall be continu-
ous and consecutive for the school year fixed by the district
in which such parent, guardian, or other person in parental
relation may reside: Provided, That in the following cases
children shall not be required to attend the public schools:
(a) Any child who is being taught in a private or paroch-
ial school in such branches as are usually taught in the
public schools to children of corresponding age, or who, upon
the completion of the work in such schools, shall present
satisfactory evidence to the county commissioner of schools,
and, in appropriate cases, to the superintendent of schools,
that he has completed sufficient school work to entitle him to
an eighth grade diploma;
(b) Any child who has received an eighth grade diploma
from the public schools;
(c) Any child who is physically unable to attend school.
If the truant officer is notified of the non-attendance of any
child at school and he shall find the one in parental control
claiming that such child is physically unable to attend
school, the truant officer may secure a written statement of a
competent physician, certifying that such child is physically
unable to attend school;
(d) Children over fourteen years of age whose services
are essential to the support of their parents may be excused
by the county commissioner of schools or city superintendent
of schools from attendance at school on the recommendation
of the board of education of the district in which such child
ren reside, and said board shall certify to the officers herein
mentioned the facts in all such cases;
(e) Children under nine years of age, whose parents do
not reside within two and one-half miles, by the nearest trav-
eled road, of some public school: Provided, That if trans-
portation is furnished for pupils in said district then this
exemption shall not apply;
(f) Any child twelve to fourteen years of age while in
attendance at confirmation classes conducted for a period of
not to exceed five months in either of said years.
Am. 1907, Act 74.
A child over 16 years of age is not between the ages of 7 and 16 years,
and as to construction of age limit, see Jackson v. Mason, 145/338.
GENERAL SCHOOL LAWS. 121
(245) SEC. 2. The sheriff in each county shall select a Truant offi-
person of good moral character to act as truant officer for the ^'appoint,
county. The person so selected shall file with the county TO file
clerk his acceptance and oath of office, and a bond in the b(nd ' etc '
sum of one thousand dollars, with two sufficient sureties, to
be approved by the county clerk. The person so selected officer, how
shall be known as the county truant officer, and he kl wn ' duty -
shall have all of the powers of a deputy sheriff, and he shall
perform the duties of truant officer in all school districts of
the county when directed to do so by the sheriff, except as
hereinafter provided: Provided, That in cities having a duly Proviso, in
organized police force it shall be the duty of the police poif c S e h force g
authorities, at the request of the board of education, to detail
one or more members of such police force to perform the
duties of the truant officer in such city, but this provision
shall not be construed as prohibiting such board of education
from appointing any citizen, not a police officer, as truant
officer : Provided further, That in graded school districts the Proviso, in
board of education shall have authority to appoint one or di?trfc d ts S . ch o1
more truant officers and fix the compensation of the same,
said compensation to be paid by the district: And Provided Further pro-
further, That in all townships of the upper peninsula organ- unit district 1111
ized as township unit districts, the board of education of such in u - p -
township shall have authority to appoint one or more truant
officers for said township and fix the compensation for such
service, said compensation to be paid from the proper funds
of such school district. For all townships of the upper penin-
sula not organized as township unit districts the county
truant officer appointed as herein prescribed shall act : Pro- Proviso, when
vided, That if in any graded district or township the board
of education does not appoint a truant officer, the county
truant officer shall act in such district or township. The Officers to
truant officers herein provided for in cities, graded school dis- whereTied',
tricts and township unit districts shall give bonds to the etc -
board of education in the sum of five hundred dollars, said
bonds to be approved by the board of education and filed with
said board, and such officers shall have, within their juris-
diction and while in the performance of the duties of truant
officer, the powers of a deputy sheriff. The compensation of Compensation,
the county truant officer shall be three dollars per day for how paid>
every day actually engaged in the discharge of his duties and
actual expenses, and all bills for such service shall be certi-
fied by the sheriff. In cities, when the board of education ap-
points a truant officer other than a police officer, said board
shall fix the compensation for such truant officer and pay
such officer from the incidental fund. The compensation and
actual expenses of the county truant officer shall be allowed
and paid in the same manner as the compensation of other
county officers is allowed and paid by the county; and when
the police authorities detail one or more members of the force
as truant officers, they shall receive such compensation and
16
122
GENERAL SCHOOL LAWS.
Proviso.
Census list,
etc., director
to furnish
teacher.
Duty of
teacher.
Superintend-
ent of schools,
when and by
whom furnish-
ed census,
duty.
Truant offi-
cers, duty of.
Violation a
misdemeanor.
actual expenses for such service as the board of aldermen or
police commission may determine, and be paid from the same
fund as the police authorities are usually paid: Provided,
That this act shall not .be so construed as to affect any exist-
ing appointment.
Am. Id.
(246) SEC. 3. (a) It shall be the duty of the school
director of all school districts, except in city, graded and
township districts, to provide the teacher, at the commence-
ment of the school, with a copy of the last school census, to-
gether with the name and address of the persons in parental
relation, also address of the county commissioner of schools.
The teacher shall, at the opening of school and at such other
times as may be necessary, compare said census list with the
enrollment of the school and report to the county commis-
sioner of schools the names of the parents or other persons in
parental relation whose children of the ages hereinbefore
mentioned are not in regular attendance at school, also the
names of parents or other persons in parental relation who
have children of school age not included in such census and
who do not attend school;
(b) In all city graded and township districts, the secre-
tary of the board of education shall, at the commencement
of school, furnish a copy of the last school census to the
superintendent of schools in such city, together with the
name and address of the truant officer under whose jurisdic-
tion they act, and it shall be the duty of said superin-
tendent, at the opening of school, to compare said census list
with the enrollment of the school or schools and, from time to
time, as it may be necessary, report to the proper truant
officer the names and addresses of any parents or other per-
sons in parental relation whose children of the ages herein
before mentioned are not in regular attendance at the public
schools, also names of parents or others in parental relation
whose children are not in school and whose names are not in-
cluded in such census;
(c) It shall be the duty of the truant officer of the city
or district, whenever notified by the teacher, superintendent
or other person or persons of violations of this act, and the
county truant officer, when notified by the commissioner of
schools, to investigate all such cases of truancy or non-at-
tendance at school, and if the children complained of are
not exempt from the provisions of this act under the con-
ditions named in section one, then he shall immediately pro-
ceed as is provided in section four of this act;
(d) In case any parent or other person in* parental re-
lation shall fail to comply with the provisions of this act
he shall be deemed guilty of a misdemeanor and shall, on
conviction thereof, be fined not less than five dollars nor
more than fifty dollars, or imprisoned in the county or city
GENERAL SCHOOL LAWS. 123
jail for not less than two nor more than ninety days ; or both
such fine and imprisonment in the discretion of the court.
Am. Id.
(247) SEC. 4. (a) It shall be the duty of the county com- Commissioner
missioner of schools to furnish the truant officer of the duty h of ls '
county, at the opening of the schools, with a list of the teach-
ers and superintendents employed in his county in school
districts other than in such city graded and township dis-
tricts as are described in section two of this act;
(b) In case any parent or other person in parental rela- Notice to
tion shall fail to send the child or children under his or her parent -
control to the public school, the truant officer, upon having
notice from proper authority of such fact, shall immediately
and within twenty-four hours thereafter give formal written
notice in person or by registered mail, to the parent or other
person in parental relation, that the child or children under
his or her control shall present himself or themselves at the
public school, except as hereinbefore provided, on the day
following the receipt of such notice, with the necessary text-
books for instruction in the proper school or schools of the
district or city. Said notice shall inform the parent or other Notice, what
person in parental relation of the date that attendance must to
begin and that such attendance at school must be continuous
and consecutive during the remainder of the school year as
taught in the district. The truant officer shall, at the same Notice to
time the said formal notice is given to the parent or per- super?n- r
son in parental relation, notify the teacher or superintend tendent.
ent or commissioner of the fact of notice, and it shall be
the duty of the teacher or superintendent or commissioner to
notify the truant officer of failure on the part of the parent
or other person in parental relation to comply with said
notice ;
(c) It shall be the duty of all truant officers, after having Truant
given the formal notice hereinbefore described, to determine EJSy of.
whether the parent or other person in parental relation has
complied with the notice, and in case of failure to so comply
he shall immediately and within three days afte'r having
knowledge or being notified thereof, make a complaint Complaint,
against said parent or other person in parental relation hav-
ing the legal charge and control of such child or children,
before any justice of the peace in the city, village or township
where such party resides, or in an adjoining township or city
in such county, for such refusal or neglect to send such child
or children to school; and said justice of the peace shall warrant,
issue a warrant upon said complaint and shall proceed to
hear and determine the same in the same manner as is pro-
vided by statute for other cases under his jurisdiction, and in
case of conviction of any parent or other person in parental conviction,
relation for violation of this act, said parent or other person
in parental relation shall be punished according to the pro-
124
GENERAL SCHOOL LAWS.
Proviso,
recorder's
court.
Assistance
rendered
officer.
School boards
may establish
ungraded
schools.
May require
attendance.
Juvenile dis-
orderly per-
sons, who
deemed.
visions of section three of this act : Provided, That in cities
having a recorder's court and justices of the peace, the truant
officer shall make the aforesaid complaint before the magis-
trate of said recorder's court or before a justice of the peace,
and said magistrate or justice shall issue a warrant and pro-
ceed to hear and determine the case in the same manner as
is provided in the statute for other cases under his jurisdic-
tion;
(d) It shall be the duty of all school officers, superintend-
ents, teachers or other persons to render such assistance and
furnish such information as they may have at their command
to aid such truant officer in the performance of his official
duty.
Am. 1907, Act 74 ; 1909, Act 63.
(248) SEC. 5. In any graded or city district in this state,
the school board or officers having in charge the schools of
such districts may establish one or more ungraded schools
for the instruction of certain children as defined and set forth
in the following section. They may, through the truant officer
and superintendent of schools, require such children to at-
tend said ungraded schools, or any department of their
graded schools, as said board of education may direct.
(249) SEC. 6. The following classes of persons between
and including the ages of seven and sixteen years residing in
graded school districts or cities as described in section five of
this act shall be deemed juvenile disorderly persons and shall,
in the judgment of the proper school authorities, be assigned
to the ungraded school or schools as provided in section five
of this act: Class one, habitual truants from any school in
which they are enrolled as -pupils; class two, children, who,
while attending any school, are incorrigibly turbulent, dis-
obedient or insubordinate, or are vicious and immoral in con-
duct; class three, children who are not attending any school
and who habitually frequent streets and other public places,
having no lawful business, employment or occupation.
An Act to provide for the compulsory education of deaf children.
[Act 48, 1907.]
The People of the State of Michigan enact:
when children (250) SECTION 1. Every parent, guardian or other per-
son in the state of Michigan having control or charge of any
child or children between the ages of seven and eighteen
years, and who by reason of deafness or imperfect hearing
cannot be taught successfully in the public schools, shall be
GENERAL SCHOOL LAWS. 125
required to send such child or children to a day school for
the deaf, the Michigan school for the deaf, located at Flint,
or to such other school for the deaf as the said parent, guar-
dian, or other person in parental control, prefers : Provided, Proviso.
That should the parent, guardian or other person in parental
control of said child or children fail to meet the foregoing
provision, then such child or children shall be sent to the
Michigan school for the deaf, located at Flint.
(251) SEC. 2. In cases where such parent, guardian or Transporta-
other person, on account of their poverty, are unable to fur- cSdfen. 11 pc r
nish such child or children with transportation to and from
such school, the board of trustees of the Michigan school for
the deaf shall furnish such transportation each year, and the
said board of trustees may include therewith transportation
for such parent, guardian or other person to said school and
return, where the child is under twelve years of age, and for
that purpose may issue a certificate directed to the auditor
general that said amount is necessary for the benefit of such
individuals, who shall draw his warrant upon the state treas-
urer therefor ; and any such sums are hereby appropriated S J}3 S ^ W
and shall be paid out of any moneys in the general fund, not where
otherwise appropriated, and the auditor general shall charge charged -
all such moneys, so drawn, to the county of which such par-
ent, guardian or other person is a resident, or to which he or
she belongs, to be collected and returned to the general fund
the same as any state taxes are required to be by law.
(252) SEC. 3. Act number two hundred of the public Certain act
acts of nineteen hundred five, entitled "An act to provide to apply '
for the compulsory education of children, for penalties for
failure to comply with the provisions of this act, and to re-
peal all acts or parts of acts conflicting with the provisions of
the same," shall apply in the execution of this act, and the
officers mentioned in said act shall be required to report all
cases of deaf children residing in their jurisdiction to the su-
perintendent of the Michigan school for the deaf, and they
shall enforce this act in the same manner as the said act
number two hundred of nineteen hundred five is enforced.
The same penalties prescribed for violation of said act are Penalties,
hereby prescribed for violation of this act.
An Act to provide for the maintenance, supervision and government of
the Michigan school for the blind, and to repeal all acts and parts of
acts inconsistent herewith.
[Extract from Act 123, 1893.]
(253) 2015. SEC. 7. The period in which pupils shall
be entitled to remain in said school shall be twelve years, or
the board of control may, in cases where they deem it advis-
able, extend such time to fourteen years. This section shall s sai and
not be so construed as to prohibit the said board of control
126
GENERAL SCHOOL LAWS.
Duty of
secretary
of state.
Census
enumerator.
List of
names of
blind chil-
dren, by
whom made,
verified, etc.
To whom
forwarded .
Duty of supt.
public in-
struction.
from dismissing any pupil within the such period for per-
sistent disobedience/ immoral conduct, or other sufficient
cause, neither shall anything in this act operate to prohibit
the transfer of any child over the age of eighteen years to
the Michigan employment institution for the blind upon con-
sent granted by the* board of control of the Michigan school
for the blind, and whenever, in the discretion of said board,
the transfer of any such child will be for its best interests or
the best interests of the said Michigan school for the blind.
Am. 1907, Act 116.
(254) 2017. SEC. 9. It shall be the duty of the secre-
tary of state to make out and forward to the superintendent
of the Michigan school for the blind, on or before the first
day of November in each year, on blanks prepared for that
purpose, a copy in detail of so much of the statistical in-
formation received by him by virtue of any law of this state
as relates to the blind. It shall be the duty of each school
census enumerator provided for in the general school laws
of the state, within the district, ward, or portion thereof, al-
lotted to him, to procure the name, age, residence, and the
name and residence of the parents or guardians or persons in
control or in charge of each blind child, and of each child
whose vision is so defective as to make it impossible to prop-
erly educate such child in the public schools, between the
ages of seven and nineteen years.
(a) The said enumerators in addition to their duties now
prescribed in the general school laws shall make a list of the
names of all blind children, or children whose vision is so
defective as to make it impossible to properly educate them
in the public schools, together with the data herein author-
ized to be secured, which list shall be verified by oath or
affirmation of the person taking such census, by affidavit
appended thereto, or inserted thereon, setting forth that it
is a correct list of the names of all the children herein desig-
nated, residing within the particular school district, ward,
or portion thereof. Said affidavit may be made before the
township clerk or any other officer authorized by law to
take acknowledgments. Blanks for this purpose shall be
furnished by tl\e department of public instruction to the sec-
retary of every school board within the state. The said
list shall, after it has been properly verified, and within the
time prescribed by the general school laws for the filing of
census lists, be forwarded by the secretaries of the said
school boards to the superintendent of public instruction and
a copy^ thereof shall be filed with the proper officer of the
township or city, as the case may be. The said superintend-
ent of public instruction shall, immediately upon receipt of
the various lists, prepare and tabulate a report containing
the name, age and residence of each blind child, and each
child whose vision is so defective as to make it impossible for
GENERAL SCHOOL LAWS. 127
it to be properly educated in the schools for the seeing
within this state, together with the names and residences of
the parents, guardian, or person having the control of any
such child, which report shall be forwarded to the superin-
tendent of the Michigan school for the blind.
(b) It shall be the duty of every parent, guardian, or when children
other person, having control or charge of any child or chil- Michigan 11
dren in the state of Michigan, between the ages of seven and fJ-Uf 1 for
nineteen years who are blind, or whose vision is so defective
as to make it impossible to have them properly educated in
the schools for the seeing, to send such child, or children, to
the Michigan school for the blind, to be received at that
school in accordance with the provisions of the statute, and
the rules and regulations which are or may be prescribed by
the board of control of said school : Provided, That the par- Proviso,
ents, guardian or person having control of any such child exceptl(
shall not be required to send them to the Michigan school
for the blind when they come within any one of the follow-
ing classes:
(1) Any child or children being educated in any private
or parochial school ;
(2) Any child or children physically or mentally incom-
petent of being educated;
(3) Any child or children over the age of seventeen years
who have been taught and are employed and are working at
a trade;
(4) Any child or children of the age of eighteen years em-
ployed at the Michigan employment institution for the blind ;
(c) It shall be the duty of the superintendent of the Michi-
gan school for the blind to furnish to the county commis- of school,
sioner of schools of every county, and to the secretary of
the school board in every city or village, a list of the names
of such children within such county, city or village, as come
within the provisions of this act. *Each truant officer shall, Truant
when notified by the board of control, or by the superintend-
ent of the Michigan school for the blind, or by anyone ap-
pointed or designated by them, or by the county commis-
sioner of schools, that there are within such village, city or
county, as the case may be, children who come within the
provisions of this act, investigate all such cases and report
the conditions found to exist to the superintendent of the
Michigan school for the blind, and the commissioners of
schools of the county. The superintendent of the Michigan
school for the blind "shall, upon receipt of such report from notify ruant
any truant officer, determine whether or not the children officer.
in question are included within the provisions of this act,
and if in his judgment such children are included within
the provisions of this act, and are not included within the
exempted classes named herein, he shall notify the proper
truant officer, who, upon receipt of such notice, shall take when to en-
such steps against the parents, guardian or other person hav- f
ing charge or control of any such child or children, to en-
128
GENERAL SCHOOL LAWS.
Proceedings
in indigent
cases.
force the provisions of this act, as are now prescribed in act
two hundred of the public acts of nineteen hundred five, as
amended, relative to compulsory education under the general
school law.
(d) In case when such parent, guardian or other person,
on account of indigent circumstances, are unable to furnish
such child or children with transportation to and from such
school, the board of trustees of the Michigan school for the
blind shall provide such transportation each year, and the
said board of trustees may include therewith transportation
for such parent, guardian or other person to said school and
return, when the child is under twelve years of age, and for
that purpose may issue a certificate directed to the auditor
general that said amount is necessary for the benefit of such
individuals, who shall draw his warrant upon the state treas-
urer therefor, and any such sums are hereby appropriated,
and shall be paid out of any moneys in the general fund,
not otherwise appropriated, and the auditor general shall
charge all such moneys, so drawn, to the county of which
such parent, guardian or other person is a resident, or to
which he or she shall belong, to be collected and returned
to the general fund, the same as any state taxes are required
to be by law.
(e) Anyone refusing to comply with any of the provi-
sions of this act, and any parent, guardian or other person
who shall wilfully refuse to send any children coming within
the provisions of this act and not herein expressly exempted,
to the Michigan school for the blind, or who shall detain
any such children who should be in attendance at said
school, shall, upon conviction by any court of competent au-
thority, be deemed guilty of a misdemeanor and shall be
subject to such penalties as are prescribed in said act two
hundred of the public acts of nineteen hundred five as
amended for the violation of any of its provisions. All pro-
visions of said act two hundred of the public acts of nine
teen hundred five are made applicable hereto except in so far
as they may be inconsistent herewith.
Penalty for
violation .
Act ap-
plicable.
Am. Id.
What chil-
dren deemed
truants or
disorderly
persons.
MISCELLANEOUS OFFENSES.
An Act to prevent crime and to punish truancy.
[Act 222, 1887.]
The People of the State of Michigan enact:
(255) 11765. SECTION 1. That every boy between the
age of ten and sixteen years, or any girl between the age of
ten and seventeen years, who shall frequent or be found
lounging about saloons, disreputable places,' houses of ill
GENERAL SCHOOL LAWS. 129
fame, or who shall be an inmate or resident or a member of a
family who [reside] resides in any house of ill' fame, or con-
duct any other disreputable place, or w r ho shall frequent
other rooms or places where dissolute and disreputable people
congregate, or where intoxicating liquors are kept for sale, or
who shall, against the command of his or her parents or
guardian, run away or wilfully absent himself or herself
from the school he or she is attending, or from any house,
office, shop, firm or other place where he or she is residing or
legitimately employed w r ith labor, or w r ho shall against such
command of his or her parents or guardian or for any im-
moral, disorderly or dishonest purposes be found lounging
upon the public streets, highways or other public resorts or
at places of amusement of dissolute or improper character, or
who shall against any such command or for any [such] dis-
orderly or dishonest purposes attend any public dance, skat-
ing rink, or show shall be deemed guilty as a truant or dis-
orderly child.
(256) 11766. SEC. 2. Upon the complaint upon oath who to make
and in writing made before any justice of the peace, police com P lamt -
justice or other criminal magistrate, by the parent or guar-
dian, or other person knowing of the facts of his own knowl-
edge, 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 Term of
other criminal magistrate, shall issue a warrant for the sentence -
arrest of such minor, and upon conviction such minor, if a
boy, may be sentenced by such justice of the peace, police jus-
tice or criminal magistrate, to the industrial school for boys
at Lansing, and if a girl, to the industrial home for girls at
Adrian, boys until eighteen years of age, and girls until
twenty-one years of age, unless sooner discharged according
to law : Provided, That no person or persons shall be sent Proviso as
to the said industrial school for boys or to the industrial ? sentence!
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.
Am. 1899, Act 75.
(257) 11767. SEC. 3. The same proceedings shall be Proceedings
had upon the trial of any person charged with being guilty of upon trial -
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
17
130
GENERAL SCHOOL LAWS.
Duty of the state agent for the care of juvenile offenders of the county
state agent. w i iere i n suc h '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.
Parents, etc.,
of delinquent
children, re-
sponsibility
of, penalty.
Proviso as to
suspension of
sentence.
An Act to provide for the punishment of persons responsible for or
contributing to the delinquency of children.
[Act 314, 1907.]
The People of the State of Michigan enact:
(258) SECTION 1. In all cases where any child shall be a
delinquent child, or a juvenile delinquent person, as defined
by the statutes of this state, the parent or parents, legal guar-
dian or person having the custody of such child, or any other
person, responsible for or by any act encouraging, causing
or 'contributing to the delinquency of such child shall be
guilty of a misdemeanor, and upon trial and conviction thert
of, shall be punished by a fine not exceeding the sum of one
hundred dollars or imprisonment in the county jail for a
period not exceeding ninety days, or both such fine and im-
prisonment: Provided, That the court may, in its discretion,
suspend sentence upon any person found guilty under this
act upon conditions which may be imposed by the court at
the time of the suspension of such sentence.
An Act to provide for the protection of children.
(From this act only such portion is quoted as relates directly to students
in sdiools.)
[Act 260, 1881.]
Minors or (259) 5554. SEC. 2. No minor child under seventeen
permitted ?n l years of age, nor any minor who is a student in any public,
saloon, etc. private or parochial school in the state of Michigan, shall be
permitted to remain in any saloon, bar room or other place
where any spirituous or intoxicating liquor, or any wine or
beer, or any beverage, liquor or liquors containing any spirit
uous or intoxicating liquor, beer or malt liquor is sold, given
away or furnished for a beverage; or in any place of amuse-
ment known as dance houses, concert saloons, variety
theaters; or in any house of prostitution; or in any room or
hall occupied or used for hire, gain or reward, for the pur-
pose of playing billiards, pool, cards, dice or any other un-
GENERAL SCHOOL LAWS. 131
lawful game; or in any room or hall used or occupied for
gaming, pool-selling or betting in any manner whatever; or
in any room or hall in which any cigars or tobacco are sold
or kept for sale, where any such games are played. Any Misdemeanor.
proprietor, keeper or manager of any such place who shall
permit such minor child or minor student to remain in any
such place, and any person who shall encourage or induce
in any way such minor child or minor student to enter such
pkice or to remain therein shall be deemed guilty of a mis
demeanor, and on conviction thereof shall be punished by a Penalty.
fine of not less than twenty-five dollars nor more than fifty
dollars, or by imprisonment in the county jail not less than
ten days nor more than thirty days, or both such fine and im-
prisonment in the discretion of the court.
Am. 1905, Act 286; 1907, Act 55; 1909, Act 20.,.
EMPLOYMENT OF CHILDREN.
[Extract from Act 285, 1909.]
(260) SEC. 10. No child under the age of twenty-one chiw under 20
years shall be employed, permitted or suffered to work in any years hquorfe -
theater, concert hall or place of amusement where intoxicat-
ing liquors are sold. No child under fourteen years of age Chad under 14
shall be employed, permitted or suffered to work in or in pSh1bi?ed. r
connection with any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, mine, bowling
alley, theater, passenger or freight elevator, factory or work-
shop, telegraph or messenger service within this state. It Regster in
shall be the duty of every mercantile institution, store, office, record name,
hotel, laundry, manufacturing establishment, mine, bowling age> etc -
alley, theater, workshop, telegraph or messenger service or
any person coming within the provisions of this act to keep
a register in which will be recorded the name, birth place,
age and place of residence of every person employed under
the age of sixteen years, and it shall be unlawful for any Permit, un^
such establishment -or person to hire or employ any child without,
under the age of sixteen years without there is first provided
and placed on file in the business office thereof a* permit who may
issued by the superintendent of schools of the school district 1S!
in which such child resides, or some one duly authorized by
him in writing, or by the person in charge of any state em-
ployment bureau, each of whom shall have power to admin-
ister oaths in relation 1 hereto, or by the probate judge of the
county or the judge of the juvenile court of the city wherein
such child resides. Such permit shall be returned to the child when
upon leaving such employ. The said register and permit
shall be produced for inspection on demand of any factory
132
GENERAL SCHOOL, LAWS.
Issue of
permit.
School report.
Birth
record,
etc.
Sworn state-
ment by par-
ent, etc.
inspector appointed under this act; no fee shall be charged
for such permit by any officer by whom it shall be issued.
Liberty of Every employer complying with the provisions of this section
shall be at liberty to employ the person so presenting the
permit hereinbefore referred to, and is justified in consider-
ing and treating such person as of the age shown in such
permit and shall not be liable, if it transpire that such person
is under the age represented in such permit, to any greater
extent than such employer would be liable if such person
were of the age represented. The person authorized to issue
such permit shall not issue the same until he has received,
examined, approved and filed the following papers, duly ex-
ecuted :
(a) The school report of said child properly filled out and
signed as hereinafter provided;
(b) A passport or duly attested transcript of the record
of birth, as kept by any duly authorized public authority, or
a record of baptism or other religious record, showing the
date and place of birth of such child;
(c) The sworn statement showing the date and place of
birth of such child made by the parent or guardian or by the
child in case it has no parent or guardian, which shall be re-
quired, however, only in case the above mentioned official or
religious record cannot be produced, which sworn statement
must be made only before the officer issuing the permit, and
shall be accompanied by a statement as to date and place of
birth, if it can be obtained, signed by the physician or mid-
wife attending at such birth;
(d) A statement by the issuing officer that he has ex
amined said child, that in his opinion the child can read in-
telligently and write legibly simple sentences in the English
language, that in his opinion the child is fourteen years of
age or upwards, and has reached the normal development of
a child of its age and is in sound health and physically able
to perform the work which it intends to do, and that ^in his
opinion the services of the child are essential to the support
of itself or its parents. In doubtful cases such physical fit-
ness shall be determined by a medical officer of the board or
department of health. Every such permit shall be signed in
the presence of the officer issuing the same by the child in
whose name it is issued; and shall state the date and place
of birth of the child, and describe the color of the hair and
eyes, the height and weight and any distinguishing facial
marks of such child, and that the papers required by the pre-
ceding section have been duly examined, approved and filed,
and that the child named in such permit has appeared before
the officer signing the same and been examined. The school
record required by this article shall be signed by the princi-
pal or chief executive officer of the school which such child
had attended, and shall be furnished on demand to a child
Statement by
issuing officer,
Permit, how
signed, what
to contain.
School record,
how signed.
GENERAL SCHOOL LAWS. 133
entitled thereto. It shall contain a statement certifying that What to
the child has regularly attended the public school or schools contain -
equivalent thereto or parochial schools for not less than one
hundred days, during the school year previous to his arriv-
ing at the age of fourteen years, or during the year previous
to applying for such school record, and is able to read intelli-
gently and write legibly simple sentences in the English
language, and has received during such period instructions
in reading, writing, spelling, English grammar and geogra-
phy, and is familiar Avith the fundamental operations of
arithmetic up to and including elementary operations in
fractions. Such school record shall also give the age and
residence of the child as shown on the records of the school,
and the name of its parent or guardian or custodian;
(e) Any person who shall make a false statement, tran- False
script, passport, school certificate, certificate of physical fit- st
ness, school record or any other writing required to be made
or filed by the provisions of this section, shall be deemed
guilty of a misdemeanor, and shall be punished by fine of not Penalty,
less than ten nor more than one hundred dollars or imprison-
ment not less than ten days nor more than ninety days, or by
both such fine and imprisonment in the discretion of the
court.
TEACHERS' ASSOCIATIONS.
An Act to incorporate teachers' associations.
[Act 1J7, 1855.]
The People of the State of Michigan enact:
(261) 7730. SECTION 1. Any fifteen or more teachers, Fifteen or
or other persons residing in this state, who shall associate for may e form Chers
the purpose of promoting education and science, and improve- corporation,
ments in the theory and practice of teaching, may form them-
selves into a corporation, under such name as they may
choose, providing they shall have published in some news- Notice to be
paper printed at Lansing, or in the county in which such pl
association is to be located, for at least one month previous,
a notice of the time, place and purpose of the meeting for
such association, and shall file in the office of the secretary of
state a copy of the constitution and by-laws of said associa-
tion.
(262) 7731. SEC. 2. Such association may hold and May hold
possess real and personal property to the amount of five pl
thousand dollars, but the funds or property thereof shall not Restrictions
upon its use.
134
GENERAL SCHOOL LAWS.
be used for any other purpose than the legitimate business of
the association in securing the objects of its corporation.
Privileges and (263) 7732. SEC. 3. Upon becoming a corporation, as
. hereinbefore provided, they shall have all the powers and
privileges, and be subject to all the duties of a corporation,
according to the provisions of chapter fifty-five of the revised
statutes of this state, so far as such provisions shall be ap-
plicable in such case, and not inconsistent with the provi-
sions of this act.
Chap. 55 referred to is sections 8527-51, C. L. 1897.
Public
?unds her
HOW used.
STATE ACCOUNTS.
An Act to provide for the safe keeping of public moneys.
[Act 131, 1875.]
The People of the State of Michigan enact:
(264) 1197. SECTION 1. That all moneys which shall
come into the hands of any officer of the state, or of any
officer of any county, or of any township, school district,
highway district, city or village, or of any other municipal or
public corporation within this state, pursuant to any pro-
vision of law authorizing such officer to receive the same,
shall be denominated public moneys within the meaning of
this act.
See Fire and Water Commrs. v. Wilkinson, 119 / 659.
As to county treasurers, see Perley v. Muskegon Co., 32 / 132. See also
section 2539, C. L. 1897, and notes.
(265) 1198. SEC. 2. It shall be the duty of every offi-
cer charged with the receiving, keeping, or disbursing of pub-
^ c moneys to keep the same separate and apart from his own
money, and he shall not commingle the same with his own
money, nor with the money of any other person, firm or cor-
poration.
(266) 1199. SEC. 3. No such officer shall, under any
pretext, use, nor allow to be used, any such moneys for any
purpose other than in accordance with the provisions of law ;
nor shall he use the same for his own private use, nor loan
the same to any person, firm, or corporation without legal
authority so to do.
( 267 ) 120 - Sfcc. 4. In all cases where public moneys
are authorized to be deposited in any bank, or to be loaned to
any individual, firm, or corporation, for interest, the interest
accruing upon such public moneys shall belong to and consti-
GENERAL SCHOOL LA%S. 135
tute a general fund of the state, county, or other public or
municipal corporation, as the case may be.
(268) 1201. SEC. 5. In no case shall any such officer, Officers not to
directly or indirectly, receive any pecuniary or valuable con- JfJItio n for
sideration as an inducement for the deposit of any public Deposits of
j i i i -, -, money.
moneys with any particular bank, person, firm, or corpora-
tion.
(260) 1202. SEC. 6. The provisions of this act shall Provisions
apply to all deputies of such officer or officers, and to all a PP Ty to
clerks, agents, and servants of such officer or officers. deputies, etc.
(270) 1203. SEC. 7. Any person guilty of a violation Penalty for
of any of the provisions of this act shall, on conviction there- plosions
of, be punished by a fine not exceeding one thousand dollars, of act.
or imprisonment in the county jail not exceeding six months,
or both such fine and imprisonment in the discretion of the
court: Provided, That nothing in this act contained shall Proviso,
prevent a prosecution under the general statute for embezzle-
ment in cases where the facts warrant a prosecution under
such general statute.
(271) 1204. SEC. 8. Any officer who shall wilfully or Penalty for
corruptly draw or issue any warrant, order, or certificate for SeoS* y "
the payment of money in excess of the amount authorized by raone y-
law, or for a purpose not authorized by law, shall be deemed
guilty of a misdemeanor, and may be punished as provided in
the preceding section.
REGULATIONS RELATIVE TO DOGS AND SHEEP.
(From this chapter we quote only the section relating to the apportion-
ment of the surplus dog tax to school districts.)
[Act 48, 1901.]
(272) SEC. 6. At the annual meeting of the township Damage
board in each year, and at a meeting of the common council Semination
of each city in April of each year, the said board or council, of . etc -
as the case may be, shall examine all certificates of damage
filed by the clerk as aforesaid, during the preceding year,
and if satisfied that in any case or cases, the certified dam-
ages are excessive, they may reduce the same to such amount
as they may deem 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 sufficient, they
may order a proportionate payment of each claim. If the Proportion-
money in the fund aforesaid shall not be sufficient to pay all ol
claims in full the balances on said claims remaining unpaid
shall stand as claims against the aforesaid fund at the sue
ceeding annual meetings of said board, or said council, as
the case may be, until said claims are paid in full, and the
136
GENERAL SCHOOL LAWS.
Apportion-
ment of ex-
cess money.
Amount
may retain.
Proviso.
claims filed each year shall take priority over claims of suc-
ceeding years until they have been paid in full, those claims
of each year being paid in full or by a proportionate pay-
ment, as the state of said fund will permit. If money re-
mains of such fund after satisfactory payment of all claims
aforesaid in any one year, over and above the sum of one hun-
dred dollars, if shall be apportioned among the several school
districts of such township or city in proportion to the num-
ber of children therein of school age, unless the township
board or the city council shall determine to retain an amount
of such money so remaining not to exceed three hundred dol-
lars, in which case only the amount over and above the sum
so determined shall be so apportioned: 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 coun-
cil 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, or shall
make it appear that he is unable to ascertain who are the
owners or who is the owner of said dog or dogs.
Am. 1907, Acts 43 and 331.
EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC INSTRUC-
TION : The apportionment must be based upon the whole number of chil-
dren of school age residing in the township, and include all districts whether
lying wholly or partly in such township. In case of a fractional district in
which the schoolhouse is situated in a different township, the money be-
longing to such district must be paid over to the treasurer of the township
in which the schoolhouse is situated, and by that treasurer paid to the dis-
trict in the same way as in the case of the one-mill end other taxes.
STATE BOARD OF EDUCATION.
An Act to revise and consolidate the laws relative to the state board of
education.
[Act 194, 1889.]
The People of the State of Michigan enact:
TO be a body (273) 1812. SECTION 1. That for the purpose of ren-
dering more efficient their organization, and to enable them
more fully to carry into effect the provisions of the constitu-
tion relative thereto, the state board of education shall be
en h of d prop " an( ^ ^^ ie ^ are cons tituted a body politic and corporate, and
school, etc r . mal are hereby empowered to purchase, have, hold, possess and en-
joy to themselves and their successors, all the lands, tene-
ments, hereditaments, goods, chattels and effects of every
kind now belonging to the state normal school or that may
hereafter be acquired by the same; and the same to grant,
alien, invest, sell and dispose of; to sue and [to] be sued.
GENERAL SCHOOL LAWS. 137
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 re-
new 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- Proviso,
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 inconsist-
ent with the provisions of this act.
Chapter 55 of the revised statutes of 1846 contains the "general provisions
relating to corporations" and will be found in Chapter 230, sections 8527-51,
compiled laws 1897. See acts 138 and 178 of 1849, establishing a state
normal school.
(274) 1813. SEC. 2. Said board shall have power to Power of
transact all necessary business at any meeting, a quorum be
ing present. Said board shall make and provide such by-
laws and regulations for the conduct of its business as it
shall deem proper. A quorum of said board shall consist of a Quorum,
majority of its members. All processes against said board Processes,
of education shall be served on the president or secretary
thereof.
(275) 1814. SEC. 3. The state board of education O f the
shall continue the normal school at Ypsilanti in the county of "^Jof 1
Washtenaw, 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 Proviso,
shall be prescribed for said school a course of study intended
specially to prepare students for the rural and the elementary
[graded] schools of the state, which shall provide not less
than twenty weeks of special professional instruction.
(276) 1815. SEC. 4. No member of said board of edu- Members not
cation shall, during his continuance in office, act as the agent i^t for
of any publisher or publishers of school books or school li- e\ u c blishers '
brary books, or be or become interested in the publication or
sale of any such book or books as agent or otherwise.
(277) 1816. SEC. 5. Said board shall provide all nee- Course of
essary courses of study to be pursued in the normal school j ng S choo?, m ~
and establish and maintain in connection therewith a fully etc -
equipped training school as a school of observation and prac-
tice, and shall grant, upon the completion of either of said
courses, such diploma as it may deem best, and such diploma
when granted shall carry with it such honors as the extent
of the course for which the diploma is given may warrant and
said board of education may direct.
(278) 1817. SEC. 6. Upon the completion of the course certificate to
specially prescribed as hereinbefore provided for the rural
and elementary graded schools, said board of education shall, of, etc.
upon the recommendation of the principal and a majority of
18
138
GENERAL SCHOOL LAWS.
Proviso.
Life certifi-
cates, when
granted, etc.
May be
revoked.
Admission
of pupils.
Proviso.
To appoint
visitors, re-
port of, etc.
Proviso.
Report of
board, con-
tents of, etc.
the heads of the departments of said school, grant a certifi-
cate 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: Pro-
vided, 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.
(279) 1818. SEC. 7. Upon the completion of either of
the advanced courses of study prescribed by said state board,
which shall require not less than four years for their com-
pletion, said board of education, upon the recommendation of
the principal and a majority of the heads of the departments
of said school, shall issue a certificate to the person complet-
ing said course, which certificate shall be referred to in the di-
ploma hereinbefore provided to be granted. Said certificate
shall set forth a list of the studies of the course completed
and, when given, shall operate as a life certificate, unless re
voked by said state board of education.
(280) 1819. SEC. 8. The board of education shall
make such regulations for the admission of pupils to said
school as it shall deem necessary and proper: Provided, That
the applicant shall, before admission, sign a declaration of
intention to teach in the schools in this state.
(281) 1820. SEC. 9. Said board of education shall ap-
point each year three visitors whose duty it shall be to ex-
amine thoroughly into the affairs of the normal school and re-
port their views with regard to its condition and any other
matters they may judge expedient, to the said board of educa-
tion, which report shall be incorporated in the report of the
superintendent of public instruction and in the report of said
board of education to be made to the legislature as herein-
after provided. Said visitors shall receive two dollars per
day for time actually spent in visitation and also their actual
traveling expenses, to be paid out of the funds of said board :
Provided, That not more than two visits shall be made by
any board of visitors.
(282) 1821. SEC. 10. Said board of education shall
make to the legislature, at every regular session thereof, a re-
port setting forth:
First, The work done by the school since the last report;
Second, The [need] needs and requirements of the school;
Third, A report of the principal of the school, concerning
such matters pertaining to the school as have been under his
immediate direction and control, and such recommendations
as he may deem desirable to make to the board ; and
Fourth, A financial statement, showing in detail the
moneys received and expended, with an itemized statement
of receipts and expenditures, as hear as may be.
GENERAL SCHOOL LAWS. 139
(283) 1822. SEC. 11. The board shall elect a treasurer, Treasurer, how
who shall furnish bonds with two sureties, or a surety bond Im^imt; of nd>
from any surety company authorized by the laws of this state
to execute same, in the penal sum of not less than forty
thousand dollars, conditioned for the faithful discharge of
his duties. Whenever the treasurer shall furnish a surety Cost of bond.
bond which shall be approved by the board, the cost thereof
not exceeding one-half per centum per annum shall be paid
out of the treasury of the state of Michigan upon the warrant
of the proper officer after being first allowed by the board of
state auditors. Such treasurer shall receive such compensa- Compensation.
tion as to the board may seem just.
Am. 1909, Act 224.
(284) 1823. SEC. 12. The ten sections of salt spring Lands appro-
lands located by the board of education under the provisions Su^^
of sections fifteen and sixteen of "An act to establish a state
normal school/' approved March twenty-eighth, eighteen hun-
dred and forty-nine, together with the fifteen sections of said
salt spring lands located under the provisions of section six-
teen of said act, and all such lands as may be granted by con-
gress or received or set apart in any manner in lieu of any
portion of said land, to which the title may prove insufficient,
and all donations, in land or otherwise, to the state in trust
or to the board of education for the support of a normal
school, shall constitute a fund to be called the normal school
endowment fund, and shall be reserved from sale until the
same shall be appraised. The minimum price of said lands Minimum
shall be four dollars per acre, and it shall be the duty of the
officer authorized 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 minimum price fixed by law. It shall not be
necessary to appraise any of said lands which have hereto-
fore been appraised under existing provisions of law; and
the proceeds of sales of any of said lands heretofore ap-
praised and sold shall constitute a part of the fund herein
provided. After such appraisal, such land shall be and re-
main subject to sale at the state land office as is now, or
shall be hereafter, provided by law, and the principal shall be
and remain a perpetual fund for the use of said institution,
except as herein provided. The installments of principal paid
by the purchasers shall be paid into the state treasury, and
the interest thereon from the time of its receipt, or from the
time of the preceding computation of interest as the same
may be, shall be computed by the auditor general and the
state treasurer at the close of each fiscal year, at the rate of
six per cent per annum, and together with all interest paid
by purchasers of said lands, shall be passed to the credit of
the normal school interest fund.
140
GENERAL SCHOOL LAWS.
Board to have
control of
funds, etc.
Proviso.
Compensation
of board.
Meetings
of board
to grant
certificates.
Certificate.
Proviso, in-
dorsement of
certain cer-
tificates.
(285) 1824. SEC. 13. The normal school interest fund,
and any moneys which may be from time to time appropri-
ated for the purposes of the said normal school, shall be
under the direction and control of said state board of educa-
tion, subject to the provisions herein contained, and shall be
paid to the treasurer of said board from time to time by the
state treasurer on the warrant of the auditor general drawn
upon the certificate of the president and secretary of said
board of education that said money is needed. No such war-
rant 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 January, February and March, in the years
in which the regular sessions of the legislature are held, shall
draw money for current expenses as provided in section four
hundred and nineteen of Howell's annotated statutes.
(280) 1825. SEC. 14. The members of the state board
of education shall receive three dollars per day for their
actual services, and also their necessary traveling and other
expenses, to be paid by the state treasurer out of the general
funds in the manner already provided by law for the payment
of the accounts of boards of state institutions.
(287) 1826. SEC. 15. Said board shall hold at least
two meetings each year, at which they shall examine teach-
ers, 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 certificate, be found to possess eminent scholarship,
ability and good moral character. Such certificate shall be
signed by the members of said board, and be impressed with
its seal, and shall entitle the' holder to teach in any of the
public schools of this state without further examination, and
shall be valid for life unless revoked by said board. No cer-
tificate shall be granted except upon the examination herein
prescribed : Provided, That the said state board of education
may, in its discretion, indorse state teachers' certificates,
granted upon examinations, normal school diplomas or cer-
tificates, or other state certificates granted in other states,
if it be shown to the satisfaction of said board that such cer-
tificates are for life and that the examinations required or
courses of study pursued are fully equal to the requirements
of this state.
Am. 1907, Act 125.
S 1827. SEC. 16. The said board shall examine all
duty of board text-books in physiology and hygiene offered for use in the
theret?. public schools of this state, and approve those only which
comply with the law relative to the space required to be de-
voted to the consideration of the nature and effects of al-
coholic drinks and narcotics, as provided in act one hundred
and sixty-four of the public acts of eighteen hundred and
GENERAL SCHOOL LAWS. 141
eighty-seven. It shall also be the duty of said board to dis-
tribute to the various educational institutions of the state
such specimens of copper, iron and other ores and rocks pre-
scribed for such distribution under the provisions of section
three of act nine of the public acts of eighteen hundred and
seventy-seven, being compilers section eight hundred and
forty-one of HowelFs annotated statutes.
The act of 1887 referred to is Act 165 instead of 164. It amends section
15, Ch. 3 of the general laws of 1881 relative to public instruction and will
be found in section 61 of this compilation.
(289) 1828. SEC. 17. All insurance moneys or means Disposition
collected, received or made available at any time, from poli-
cies of insurance, or by reason of insurance policies upon the
said normal school buildings and property shall be and the
same are hereby designated and set apart as a fund or means
for rebuilding and refurnishing the said buildings.
(290) 1828a. SEC. 18. Any person holding a certifi- Certificate
cate issued or approved by the authority of the state board of county <x>m-
education, desiring to teach in any school under the jurisdic- missioner -
tion of a county commissioner of schools shall file the said
certificate, or a copy of the same, in the office of the commis-
sioner of schools in the county in which he or she desires to
teach.
Added 1901, Act 1",.
NORMAL SCHOOLS.
An Act to establish a normal school in central Michigan.
[Act 261, 1895.]
The People of the State of Michigan enact:
(291) 1829. SECTION 1. That a normal school for the Central
preparation and training of persons for teaching in the rural ?cnooie a
district schools, and the primary departments of the graded tablisned -
schools of the state, to be known as "Central Michigan Nor-
mal School," be established and continued at the city of
Mount Pleasant in Isabella county, to be located upon block
ten of the normal school addition to said city, known as "nor-
mal campus," and being a block of land in area between eight
and ten acres.
(292) 1830. SEC. 2. The state board of education is state board
hereby authorized and directed to procure a good and suf- to proc5re n
ficient deed of conveyance, to be accompanied with abstract
of title and tax history, to be approved by the attorney gen-
eral, conveying to the said board of education and its suc-
cessors a good and unincumbered title in fee simple to said
lands and buildings thereon, for such school, and a proper
142
GENERAL SCHOOL LAWS.
article of sale of all the library, school furniture and ap-
paratus therein, said lauds and buildings and personal prop-
erty 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.
(293) 1831. SEC. 3. Said school shall be under and
subject to the control of the state board of education, accord-
ing to the provisions of act number one hundred ninety-four
of the public acts of eighteen hundred and eighty-nine, of
Michigan, entitled "An act to revise and consolidate the
laws relative to the state board of education, and amend-
ments thereto," which is made applicable to this school, ex-
cept as herein otherwise provided.
Schools to be
under control
of state
board of
education.
The act referred to immediately precedes this. See sections 273-290.
An Act to change the name of the "Michigan State Normal School"
to "Michigan State Normal College."
[Act 52, 1899.]
The People of the State of Michigan enact:
g f f (%$&) SECTION 1. The institution now known and desig-
school nated under the name and style of "Michigan State Normal
g c h oo p' g^all hereafter be known as the "Michigan State Nor-
mal College."
Sec. 2, repealing clause.
at Ypsiianti.
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 ah appropriation for the same.
Name of
school.
Purpose.
Selection
of site.
Area and
location.
[Act 51, 1899.]
The People of the State of Michigan enact:
(295) SECTION 1. That a normal school shall be located
at Marquette, 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.
(296) 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
males of the present location of the postoffice in said city of
GENERAL SCHOOL LAWS. 143
Marquette. Said state board of education shall pay for such
site a sum not exceeding one dollar, which sum is hereby ap-
propriated 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 warrant of the auditor general, as the moneys and
appropriations are drawn. Said state board of education Deed or con-
shall procure good and sufficient deed or conveyance of such * eyar
site and grounds, and have the title for the same duly
recorded. When so recorded, the said deed of conveyance,
with an abstract of title showing a clear and uuincumbered
title, and all papers relating thereto shall be deposited in
the office of the auditor general.
Sections 3, 4 and 5 provided appropriations for buildings and maintenance
of the school.
(297) SEC. 6. The said northern state normal school Control of
shall be under and subject to the control of the state board of schoel -
education, according to the provisions of act number one
hundred ninety-four of the public acts of eighteen hundred
and eighty-nine, entitled "An act to revise and consolidate
the laws relative to the state board of education, and amend-
ments thereto, also according to the provisions of act num-
ber one hundred and seventy-five of the public acts of eight-
een hundred and ninety-seven, entitled "An act to fix the re-
lation of the existing normal schools of the state," which
laws are made applicable to the school, except as herein
otherwise provided.
An Act to provide for the locating, establishing and maintaining of a
state normal school in the western part of the state, to make ap-
propriations therefor and to provide a tax to meet the same.
[Act 156, 1903.]
The People of the State of Michigan enact:
(298) SECTION 1. A state normal school shall be located, Name, etc.
established and maintained in the western part of the state,
at such place as the state board of education shall designate,
to be known as the "Western State Normal School," for the
preparation and training of persons for teaching in the rural
district schools, and the primary departments of the graded
schools of the state.
(299) SEC. 2. The state board of education is hereby site, how and
authorized and directed to procure a suitable site of not less
than twenty acres for the building and grounds for said nor-
mal school. Said state board of education shall pay for such
144
GENERAL SCHOOL LAWS.
site a sum not exceeding one dollar, to be drawn on the
requisition of said state board of education, and the warrant
of the auditor general, as other moneys and appropriations
are drawn. Said state board of education shall procure good
and sufficient deed of conveyance, with an abstract of the
title thereto, showing a clear and unencumbered title, and all
papers relating thereto shall be deposited in the office of the
auditor general. The sum of one dollar is hereby appropri-
ated for the fiscal year ending June thirtieth, nineteen hun-
dred four, for the purpose of carrying out the provisions of
this section.
-- ^T"-
Sections 3 and 4 provided appropriations for buildings and maintenance
of school.
School,
how con-
trolled, etc.
(300) SEC. 5. The said western state normal school
shall be under and subject to the control of the state board
of education, according to provisions of act number one hun-
dred ninety-four of the public acts of eighteen hundred
eighty-nine, entitled "An act to revise and consolidate the
laws relative to the state board of education," and amend-
ments thereto; also according to the provisions of act number
one hundred seventy-five of the public acts of eighteen hun-
.dred ninety-seven, entitled "An act to fix the relations of the
existing normal schools of the state/' which laws are made
applicable to the school hereby established except as herein
otherwise provided.
Sections G and 7 prescribed manner of payment of appropriations, and tax
clause.
An. Act to authorize and require the state board of education to pre-
scribe courses of study, issue licenses and certificates and grant
diplomas and degrees in connection with the several state normal
schools of the state, and to repeal all acts and parts of acts in any
way contravening the provisions of this act.
Powers of
board.
Proviso.
[Act 202, 1903.]
The People of the State of Michigan enact:
(301) SECTION 1. The state board of education is here-
by authorized and required to prescribe the courses of study
for students, to grant such diplomas and degrees and issue
such licenses and certificates to graduates of the several nor-
mal schools of the state as said state board of education shall
determine: Provided, That there shall always be maintained
in the central Michigan and western normal schools a de-
partment "especially for the education and training of teach-
ers for the rural schools of the state.
NOTE. The foregoing act in effect repeals Act 175 of 1897. which was an
fniV. aU if m g P e state board of education to grant certificates and main-
tain uniformity i n courses of study in the normal schools.
GENERAL SCHOOL LAWS. 145
LOAN FUNDS FOR THE BENEFIT OF STUDENTS.
An Act to provide for the incorporation of associations for the pur-
pose 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 agri-
cultural college at Lansing, the college of mines at Houghton, or
the manual training schools of this state.
[Act 250, 1899.]
The People of the State of Michigan enact:
(302) SECTION 1. Any five or more persons of full age Number
residing in the state of Michigan may associate and incorpo- incorporate.
rate themselves together for the purpose of establishing loan-
funds for the benefit of school scholars and students of this
state, to assist them to attend the university of Michigan, the
state normal college at Ypsilanti, the central Michigan nor-
mal school at Mt. Pleasant, the Michigan state agricultural
college at Lansing, the Michigan college of mines, or the
manual training schools of this state.
(303) SEC. 2. Articles of association shall be executed Manner of in-
in duplicate, by the persons so associating themselves to- corpor
gether in the first instance, and shall be acknowledged b t y
them before some person authorized by the laws of this state
to take acknowledgments of deeds, one of which duplicates
shall be filed and recorded in the office of the secretary of
state, and a record shall be made of such articles, and a certi-
fied 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, ac-
cording 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.
(304) SEC. 3. The articles of association shall contain : Articles of
First, The names and places of residence of the persons association -
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.
(305) SEC. 4. The affairs of such corporation shall be General
under the general management of not less than five nor more m
than fifteen trustees, to be chosen by the members thereof,
and to hold office for such time, not exceeding five years, as
shall be provided by the articles of association ; and the
19
146
GENERAL SCHOOL LAWS.
By-laws.
Amendments.
Funds of
corporation .
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 mem-
bers in accordance with their subscriptions to the objects for
which the corporation was organized. The regular officers
of such corporation shall form a part of such trustees. The
officers may be chosen by the trustees or the members of the
corporation, as the articles shall prescribe. The by-laws shall
be adopted by the trustees, who may change them at pleasure.
The majority of the trustees shall be a quorum to transact
business. The articles of association of any such corporation
may be amended at any time by a two-thirds vote of the
trustees. Before any such amendment shall take effect, a
copy of the resolution, certified by the secretary, shall be filed
in the office of the secretary of state, and in the clerk's office
of the county in which the original articles are filed.
(306) SEC. 5. All the funds received by any corporation
organized under this act shall be used, after paying necessary
expenses, for the exclusive purpose or purposes set forth in
the articles of association. And no portion of the funds of
such corporation shall be used or contributed toward the
erection, completion or furnishing of any building not owned
or used by such corporation for the purpose or purposes set
forth in its articles of association. Such corporation shall in
equity and law be capable of taking and receiving real and
personal estate, either by purchase, gift, grant, lease, or bar
gain and sale, devise and bequest, not exceeding twenty-five
thousand dollars, in the aggregate, for the purpose of its in-
corporation, but for no other purpose, and it shall have power
to invest the same at pleasure, and to grant, bargain, mort-
gage, 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 securities; or deposit the same in any reli-
able bank on interest; but no loans shall be made to any
trustee or officer of such corporation: Provided, That any
such corporation may, in its articles of association, specify
the kinds of securities in which its funds shall be invested,
and that no part of its funds shall be invested in any securi-
ties 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 corporation shall have the
power to make all needful rules and regulations and by-laws
for the management of its affairs, not inconsistent with the
constitution and laws of this state or of the United States.
(307) SEC. 6. In case it shall at any time happen that an
election of officers, directors or trustees shall not be made
on the day designated by the articles of association and by-
laws, said corporation for that cause shall not be dissolved,
but it shall and may be lawful on any other day to hold an
May receive
real and
personal
estate.
May specify
kinds of
securities.
Election of
officers.
GENERAL SCHOOL LAWS. 147
election of officers, directors or trustees, in such manner as
may be directed by the articles of association and by-laws of
said corporation.
(308) SEC. 7. The articles of association filed as required Articles may
bs used in
by this act, or a copy thereof certified by the officer with court,
whom they are so filed, may be given in evidence in any court
of this state for or against said corporation. Said corpora- General power
tion shall possess the general power conferred by and sub- of cor P ratlon -
ject to the provisions and restrictions of chapter two hun-
dred thirty of the compiled laws of the state of Michigan of
eighteen hundred ninety-seven, so far as the same may be ap-
plicable to corporations formed under this act.
STATE BOARD OF LIBRARY COMMISSIONERS.
An Act to create a state board of library commissioners, to promote
the establishment and efficiency of free public libraries, and to
provide an appropriation therefor.
[Act 115, 1899.]
The People of the State of Michigan enact:
(309) SECTION 1. The governor, with the advice and con- Personnel of
sent of the senate, shall appoint four persons, residents of commlsslon -
this state, who, together with the state librarian, who shall
be a member ex-officio, shall constitute a board of library
commissioners. Two members* of said board shall be ap-
pointed for a term of four years and two for a term of two
years, and thereafter the term of office shall be four years.
All vacancies occurring in the appointive membership of Filling of
said board, whether by expiration of term of office or other- vacaucies -
wise, shall be filled by the governor, with the advice and con-
sent of the senate.
(310) SEC. 2. It shall be the duty of the library com- Duties of
mission to give advice and counsel to all free libraries in the commission -
state, and to all communities which may propo>se to establish
them, as to the best means of establishing and administering
such libraries, the selection of books, cataloguing, and all
other details 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.
(311) SEC. 3. It shall be the duty of all free libraries or- Reports tov,
gauized under the laws of the state, whether general or commission.
special, to make an annual report to the board of library
commissioners, which report shall conform as near as may
148
GENERAL SCHOOL LAWS.
be reasonable arid convenient, as to time and form such rules
as the board may prescribe.
Sections 4 and 5 of this act are repealed by the act following.
APPROPRIATION FOR STATE BOARD OF LIBRARY COM-
MISSIONERS.,
[Extract from Act 274, 1909.]
Appropriation. (312) SECTION 1. There is hereby appropriated for each
of the fiscal years ending June thirty, nineteen hundred ten,
and June thirty, nineteen hundred eleven, the sum of four
thousand eight hundred dollars to be expended by the state
board of library commissioners, as follows: For secretary
and clerical assistance, sixteen hundred dollars; for defray-
ing expenses of organizing libraries and of conducting library
institutes and training schools, two thousand dollars; for
traveling expenses of organizer, eight hundred dollars; sup-
plies and incidentals, four hundred dollars. Instructors suit-
11 k 6 selec ted by the board and all the
expenses incurred thereby, together with the expenses of said
board, whether within or outside the state, including travel-
ing expenses of its members, supplies and incidentals neces-
sary for the work, shall be paid out of the appropriation :
Provided, The printing and binding necessary to carry on the
work of the said board shall be furnished by the board of
state auditors, and paid for out of the general fund as other
compensation, state printing and binding is paid for. No member of the
state board of library commissioners shall receive any com-
pensation 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.
Purposes.
instruc-
i? rs etc electi n able for tnis work
Proviso.
Annual report
of superin-
tendent of
public in-
struction.
DISTRIBUTION OF LAWS AND DOCUMENTS.
An Act to provide for the publication and distribution of laws and
documents, reports of the several officers, boards of officers and
public institutions of this state now or hereafter to be published,
and to provide for the replacing of books lost by fire or otherwise,
and to provide for the publication and 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
public school system.)
[Act 44, 1899.]
(313) SEC. 11. There shall be printed of the annual re-
port of the superintendent of public instruction, a sufficient
number to supply all school libraries in the state with one
copy each, also one copy each to the following persons or
* Remainder of title, repealing clause.
GENERAL SCHOOL LAWS. 149
institutions : To each superintendent of public instruction, TO whom
state university, college of mines and state normal school dl
in the United States, each living ex-superintendent and dep-
uty superintendent of public instruction in this state, each
member of county boards of examiners, each city superin-
tendent 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 instruc-
tion may, in his discretion, deem necessary, and not exceed-
ing three hundred copies. Said report shall not exceed three Number
hundred pages including context and index, such pages to be of pages -
the size of the pages of the report of the superintendent of
public instruction for the year eighteen hundred ninety-five,
and such report shall be distributed by the superintendent of
public instruction. 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 : Provided further, That the state course
state superintendent of public instruction may prepare and ol
have published for the district schools a state course of
study ; for the teachers' institutes, institute outlines ; and, institute
from time to time, such educational bulletins as he may deem Ol
necessary and the board of state auditors may approve, for
the advancement of the cause of education in Michigan.
Am. 1901, Act 31 ; 1903, Act 225.
Section 30 of the above act provides for the distribution of the legislative
manual (red book), and the list includes one copy for each of the following:
Each district, graded, and city public school ; each public library other than
school library ; each township, village, and city clerk, and the county com-
missioner of schools.
(314) SEC. 32. It shall be the duty of the county com- Duty of
missioners of schools to distribute all copies of the "official
directory and legislative manual" to the schools in their re-
spective 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, journ-
als, documents and reports mentioned in this act, whose dis-
tribution is not otherwise provided for; and said laws,
journals, documents, and reports shall be shipped to the sev-
eral county clerks and county commissioners of schools in the
state, and be distributed by them to the persons, officers, cor-
porations and societies within their respective counties en-
titled to the same, and that, until so distributed, they shall
be carefully preserved by said county clerks and county com-
missioners of schools. That the accounts for boxes furnished
to the secretary of state for package and distribution shall
be audited and allowed by the board of state auditors and
paid out of the state treasury, and the expense of transporta-
tion from the office of the secretary of state to the county
150
GENERAL SCHOOL LAWS.
Receipt to
secre^ ry
of state.
clerks and county commissioners of schools, and of distribu-
tion 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.
(315) SEC. 33. It shall be the duty of the several county
clerks and county commissioners of schools, upon receiving
any of the books mentioned in this act, to receipt to the secre-
tary of state for the same, which receipt shall be filed and
preserved in the office of the secretary of state; and it shall
also be the duty of the said county clerks and county com-
missioners of schools to distribute said books as provided in
this act, and to report at the expiration of a month after
each reception of books to the secretary of state, on blanks
furnished by him, by giving a full statement of all of said
books remaining in his office, together with the names of the
officers neglecting to call for the books to which they are en-
titled; and it shall be the duty of all persons, officers, corpo-
rations and societies, upon receiving any of the books men-
tioned in this act, to receipt respectively to the county clerk
and county commissioner of schools for the same, which re-
ceipt shall be filed and preserved in the office of the county
clerk and county commissioner of schools respectively. It
shall also be the duty of the secretary of state to notify each
person to whom any books are sent, except township officers,
either directly or in care of the county clerk, which are re-
quired 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 mentioned in this notice, if such books
were sent to the county clerk, and obtain the same; and if
such books have been received 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 34 provides that each city, village, township and county officer
shall, when he ceases to hold such office, deliver over to his successor in
office all such books received by him which are required by this act to be
placed in his library.
CUSTODY OP RECORDS: See Murta v. Carr, 140/606.
Notification
by secretary
of state.
GENERAL SCHOOL LAWS. 151
RURAL HIGH SCHOOLS.
An Act to provide for the establishment and maintenance of rural
high schools.
[Act 144, 1901.]
The People of the State of Michigan enact:
(310) SECTION 1. The township board of any township,
not having within its limits an incorporated village or city,
upon the petition of not less than one-third of the taxpayers
of such township for the establishment of a rural high school,
shall submit such question to a vote of the qualified electors
of said township at a special election called for that purpose election,
within sixty days from date of receipt of said petition.
(317) SEC. 2. All elections ordered by any township Elections
board in pursuance of section one of this act shall be held at
the usual place or places of holding township elections, and
notice shall be given and the election conducted in all re- Notice given.
spects as provided by law for the election of township officers Election, how
and the ballots shall have printed thereon, "For rural high conducted.
school yes." "For rural high school no."
(318) SEC. 3. If more votes are cast in favor of such high Board of
school than against it at such election, the qualified electors wheif elected,
of said township shall elect at their next annual election
of township officers a board of trustees of three members,
one for one year, one for two years and one for three years,
and on the expiration of their terms of office and regularly
thereafter their several successors shall be elected in like
manner for a term of three years each: Provided, Ttot
when a rural high school shall have been established by the schools.
electors of any township, the first election of such trustees
may be ordered by the township board to be held at any time
after the ten days' legal notice of such election shall have
been given. The township clerk shall be ex officio member
and the clerk of the board and the township treasurer shall members -
be ex officio member and treasurer of the board, with the
same power as other members of the board.
Am. 1909, Act 97.
(319) SEC. 4. Said board of trustees shall meet on the Board of
third Monday in April of each year and organize by electing
one of the trustees as president. Regular meetings of the
board shall be held on the second Mondays of May, August,
November and February in each year. Special meetings may
be called upon five days' notice by the president or secretary.
The board shall have power: Powers.
(a) To supervise and visit the school;
(b) To admit all children of the township above the sixth
grade (inc) to admit, and provide rates of tuition for non-resi-
]52 GENERAL SCHOOL LAWS.
dent pupils if they so elect; but nothing in this act shall be
so construed as to limit the operation of the laws of this
state relative to the compulsory education of children, or the
liability of children to attend school thereunder, and it shall
be the duty of the officers charged by law to enforce the
provisions of said laws relative to the compulsory education
of children, to enforce in like manner the attendance at such
high schools of children admitted to attendance thereat under
the terms of this act;
(c) To select and adopt text-books;
(d) To appoint legally qualified teachers;
(e) To fix wages, make general rules and regulations for
the control of the school, suspend or expel pupils, fix the
time of school which will not be more* than ten months nor
less than seven in any one year;
(f) To rent or to purchase and hold real estate for such
township high school, build and furnish school houses, deter-
mine location of grounds and building, which shall be as
near the center of the township as practicable, according to
sanitary conditions, and to receive and hold bequests and
gifts for the benefit of the school, and to dispose of property
belonging to the district subject to the provisions hereinafter
named ;
(g) To provide a course of study which shall be approved
by the superintendent of public instruction and the president
of the Michigan agricultural college, and shall not consist
of more than four years' work; said course of study may in-
clude instruction in manual training, domestic science, na-
ture study and the elements of agriculture;
(h) To estimate and vote the amount of tax necessary to
support the school at a meeting previous to October first in
each year and report the same to the supervisor, which
amount shall be spread upon the tax roll the same as other
district taxes, and in their discretion borrow money for cur
rent expenses, which amount shall not exceed fifty per cent
of the amount of tax voted;
(i) To publish annually in one newspaper of the town-
ship or county a statement of the proceedings of the board
meetings and an itemized account of all receipts and ex-
penses, and file a copy of the same in the office of the county
school commissioner and state superintendent of public in-
struction within sixty days of the date of publication of the
same;
(j) To call special elections or meetings of the township,
if necessary, to vote on the amount of money to be raised for
the purchase of grounds and erection of buildings and for
such other purposes as may be necessary within the authority
of the provisions of this act or of the general school laws.
Am. 1907, Act 126.
GENERAL SCHOOL LAWS. 153
(320) SEC. 5. The secretary of the board shall receive Salary of
not to exceed fifty dollars per annum for his services. It shall JJ^J 1 ^"
be his duty to keep the records, provide supplies, visit the secretary.
school and make annual reports to the school board, the
county school commissioner and the state superintendent of
public instruction, in such form as the superintendent of
public instruction shall direct.
(321) SEC. 6. All orders on the treasurer for moneys orders for
shall be ordered by the board and signed by the secretary and mone y-
president.
(322) SEC. 7. A majority of the taxpayers of the town- Limit of
ship shall determine the amount to be expended in the grounds x
and building of said school and may bond the township
for such amount: Provided, That the amount of said bond.s
shall not exceed five thousand dollars, and that the period of
such bonds shall not continue beyond ten years.
(323) SEC. 8. The high schools established under the pro- under super-
visions of this act shall be under the supervision of the county rnfssioner. com ~
commissioner of schools, and all questions of management,
support and control arising under the provisions of this act
and not expressly provided for therein shall be subject to the
provisions of the general school laws of this state.
Sec. 9. Repealing clause.
QUALIFICATIONS OF KINDERGARTEN, MUSIC AND DRAWING
TEACHERS.
An Act to define the legal qualifications of kindergarten, music, and
drawing teachers in the state.
[Act 166, 1901.]
The People of the State of Michigan enact:
(324) SECTION 1. Any person who is a graduate of any Kindergarten
kindergarten training school, whose course of study is ap- who may 6 '
proved by the superintendent of public instruction of this be granted,
state, and who holds also a teacher's certificate or a diploma
from a reputable college of the state or from a high school hav-
ing a four years' high school course, may be granted a kinder-
garten certificate by said superintendent of public instruc-
tion, and such person holding such certificate shall be con-
sidered a legally qualified kindergarten and first grade
teacher; and any district board shall be authorized to pay p ay au _
such teacher for kindergarten and first grade instruction thorized.
from the same fund, and in the same manner as other teachers
are now paid.
Am. 1905, Act 24: 1909, Act 111.
See sections 155-158.
154
GENERAL SCHOOL LAWS.
Drawing
teacher.
Music teacher, (325) SEC. 2. Any person who has finished a course of
who eligible. at j eagt tw() y ears i n music in the university of the state of
Michigan,- or in any of the state normal schools, or in any
college incorporated under the general laws of the state; and
any person who has finished a course of at least one year in
drawing in any of the aforesaid institutions, or in any other
institution whose course of study is acceptable to the superin-
tendent of public instruction and who shall present to said
superintendent of public instruction a statement from the
proper authorities of the institution certifying to the fact of
the completion of the required amount of work, may be
granted respectively a music teacher's certificate or a drawing
teacher's certificate; and any person nolding such certificate
shall be considered a legally qualified teacher in the subject
named in the certificate; and any district board, or board of
education, shall be authorized to pay such teacher for instruc-
tion in music or in drawing from the same fund and in the
same manner as other teachers are now paid : Provided, That
cities organized under special law or charter and maintain-
ing kindergarten training schools, having a three years'
course, shall be exempt from the provisions of this act.
How paid.
Proviso.
Music teach-
er's certificate
Am. 1905, Act 24.
(326) SEC. 3. Any person who has finished a course of
at least two years in music under a private instructor, and
who shall pass an examination satisfactory to the musical
director of any state normal school in Michigan, may be
granted a music teacher's certificate as provided in section
two hereof.
Added 1905, Act 24.
INFORMATION REGARDING LIBRARIES.
Ail Act to secure information regarding all public or school libraries
in this state.
[Act 134, 1903.]
The People of the State of Michigan enact:
makfan- to
nuai report,
count 1 ?
"
transmit to iist
SECTION 1. Hereafter it shall be the duty of the
librarian of any and all public libraries, including township,
school district, village or city libraries, to make an annual re-
port regarding the location, condition and support of said li-
brary to the county commissioner of schools on or before the
thirtieth day of June in each year.
(328) SEC. 2. It shall be the duty of the county commis-
sioner of schools in each county, immediately after receiv-
in ^ the re Prts from the several libraries in his county and
GENERAL SCHOOL LAWS. 155
before the first day in September of each year, to transmit
to the secretary of the state board of library commissioners
at Lansing a complete list of all the libraries other than per-
sonal libraries within his county, together with the several
reports provided for in section one of this act, blanks for re-
ports in both instances to be furnished by the board of li-
brary commissioners.
Sec. 3. Repeals Act 199, 1901.
PAYMENT OF TUITION OF EIGHTH GRADE PUPILS.
An Act to provide for the payment of tuition in and transportation
to another district, of children who have completed the eighth
grade in any school district; and to repeal act number one hun-
dred ninety of the public acts of nineteen hundred three, and all
other acts and parts of acts in anywise contravening the pro-
visions of this act.
[Act 65, 1909.]
The People of the State of Michigan enact:
(329) SECTION 1. The board of education of any school Tax for
district which does not maintain a high school shall have
authority and is hereby required to vote a tax sufficient to
pay the tuition to one of the three nearest high schools of any
children residents of said district who have completed the
studies of the eight grades, not exceeding in amount twenty Amount.
dollars per pupil, unless the voters appropriate a larger sum
at the annual meeting, and may vote a tax to pay the trans-
portation during school days of such children, such tuition to
be paid by the treasurer of the district in which the pupil
resides to the treasurer of the district where the high school
attended is located : Provided, That the parents of such Proviso,
children shall give written notice to the board of education
on or before the fourth Monday of June that they are the
parents or legal guardians of such children and that such
children desire to attend some certain one of the three nearest
high schools during the ensuing year. Upon receiving written Tax for
notice of children eligible to attend high schools the board of tran?por
education shall vote a tax sufficient to cover the necessary tation.
expense for tuition as herein provided, and may vote a tax
sufficient to cover the necessary expense for daily transporta-
tion of such children : Provided further, That any surplus Further
moneys in the treasury of said district belonging to the P roviso -
primary fund may be used in paying necessary tuition in lieu
of a tax therefor.
156
GENERAL SCHOOL DAWS.
Tax to be
reported.
(330) SEC. 2. The tax provided for in section one of this
act shall be reported to the clerk of the township in which
such district is located and shall be spread upon the tax roll
of such township in the same manner and at the same time
as other school taxes.
Section 3 repeals Act 190 of 1903.
COUNTY NORMAL TRAINING CLASSES.
An Act for the establishment of county normal training classes and
for the maintenance and control of the same.
When and
how es-
tablished.
Proviso.
Further
proviso.
County nor-
mal board,
how con-
stituted.
Proviso.
Normal board
duties of.
[Act 241, 1903.]
The People of the State of Michigan enact:
(331) SECTION 1. Upon the notification by the board of
education of a district in a county not having a state normal
school within its borders, that the district and the board of
supervisors of the county have voted to establish a county
normal training class, the state superintendent of public in-
struction may, subject to the provisions herein named, grant
permission to establish, maintain and control a county nor-
mal training class for the purpose of giving free instruction
and training in the principles of education and methods of
teaching to residents of the county: Provided, That but one
such training class shall be established in any county: And,
Provided further, That not more than ten such classes shall
be established in the state in any one year.
(332) SEC. 2. The superintendent of public instruction
together with the county commissioner of schools of the
county and the superintendent of the schools in the district
in which a normal training class has been established under
the provisions of this act, shall constitute the county normal
board: Provided, That in case the superintendent of the
schools of the district is also commissioner of schools of the
county the board of education of the district shall select the
third member of the county normal board.
(333) SEC. 3. The duties of the county normal board
shall be as follows: .
First, To determine the qualifications for admission to the
county normal training class;
Second, To establish a one year course of study to be pur-
sued, a year to consist of not less than thirty-two weeks of
five days each;
Third, To grant certificates of graduation to such persons
as finish the course adopted above, in such form as the super
intendent of public instruction shall prescribe.
Am. 1905, Act 20.
GENERAL SCHOOL LAWS. 157
(334) SEC. 4. The certificates of graduation shall qualify Certificates of
the holder to teach in the public schools as follows:
First, The certificate of graduation shall qualify the holder
to teach for three years from date of issue in any school em-
ploying not more than two teachers, in the county in which
the county normal training class is situated : Provided, That Proviso.
any certificate shall become valid as above specified in any
other county when indorsed by the authority that grants cer-
tificates in such county;
Second, A certificate of graduation may be renewed or re-
voked by a majority vote of the county normal board.
Am. Id.
(335) SEC. 5. For the purpose of maintaining such nor- Maintenance
inal training classes as are herein prescribed, it is further ciasses. ung
provided :
First, That the district receiving permission to establish a District to
county normal training class shall provide teachers, and teachers,
rooms with heating and equipment satisfactory to the superin- rooms, etc.
tendent of public instruction, and said board shall include in
the expense budget of the district such sum as may be nec-
essary for these purposes;
Second, That the auditor general annually, on or before the when state
thirtieth day of June, upon the certificate of the superinten- ^strS burse
dent of public instruction that the equipment and instruction
of any county normal training class has been satisfactory,
shall draw his warrant on the state treasurer in favor of the
treasurer of the district board or the board of education of
the district maintaining such normal training class to the
amount of five hundred dollars for each teacher employed in Amount.
the training school, to be paid out of the general fund : Pro- Proviso.
Added, That in no case shall the total of such appropriation
exceed one thousand dollars in any county during any school
year;
Third, In any district establishing a county normal train- Board to
ing class, the board of education shall, previous to the first
day of October in each year, estimate the cost of instruction
for the current year in the county normal training class, and,
deducting therefrom the amount appropriated by the forego-
ing provisions of this act, report the balance to the county
clerk on or before the first day of October;
Fourth, At its October session, the board of supervisors supervisors
shall appropriate out of the general fund of the county one- t ^ m * i jf i( jf'
half of the balance due for instruction, as shown by the pl
aforesaid report to the county clerk, which amount shall be
assessed and collected at the same time and in the same man-
ner as the other county taxes : Provided, That in no case Proviso,
shall such appropriation made in any county exceed one-half
the amount appropriated by the state according to the pro-
visions of this act. The money so raised shall constitute the
county normal fund.
Am. Id.
158
GENERAL SCHOOL LAWS.
commissioner (330) SEC. 6. On or before the thirtieth day of June of
diit c - h of ls ' eacn J ear > it shall be the duty of the county commissioner of
schools to certify to the county clerk the balance between
the total cost of instruction for the current year and the
\\hen clerk to amount appropriated by the auditor general. Upon receipt
draw order.
Proviso.
cer tificate, the county clerk shall draw an order for
one-half of the said balance upon the county treasurer in
favor of the treasurer of the board of education of the district
establishing the normal training class: Provided, That such
order shall not exceed the amount appropriated by the board
of supervisors according to the provisions of this act.
Am. Id.
Disposal of (337) SEC. 7. All moneys remaining in the county nor-
o??und. er mal fund upon the first of September of each year shall be re-
turned to the general fund of the county.
Duty of
board 9f
supervisors.
Proviso,
election.
Notice,
how given.
Canvass of
returns.
COUNTY SCHOOLS OF AGRICULTURE.
An Act to provide for the establishment of county schools of agri-
culture, manual training and domestic economy.
[Act 35, 1907.]
The People of the State of Michigan enact:
(338) SECTION 1. The board of supervisors of any
county is hereby authorized to appropriate money for the or-
ganization, equipment and maintenance of a county school of
agriculture and domestic economy. The board of supervisors
of two or more counties may unite in establishing such a
school, and may appropriate money for its organization,
equipment and maintenance: Provided, That whenever the
board of supervisors of the county shall by a two-thirds vote
of all members elect, resolve to contract indebtedness or issue
bonds to raise money for the organization, equipment and
maintenance of such school, the question shall be sub-
mitted to the vote of the electors of the county at a general
or special election to be called for that purpose. Notice of
the submission of such resolution to the vote of the electors
and in case a special election is called, notice of the calling
of such special election shall be given in the same manner
and for the same length of time as is now prescribed by law
for general elections. If a majority of the electors of each
county, voting on such resolution, shall vote in favor thereof,
t shall be deemed to have carried. The returns of the elec-
tion herein provided for shall be canvassed and the results
declared in the same manner and by the same officers as is
provided by general law for canvassing the returns of and
GENERAL SCHOOL LAWS.
declaring the results in city, county and district elections.
The manner of stating the question upon the ballots shall be
prescribed by the resolution of the board of supervisors.
(339) SEC. 2. A board to be known as the county school
board is hereby created, which shall have charge and control powers.
of all matters pertaining to the organization, equipment and
maintenance of such schools, except as otherwise provided by
law. Said board shall consist of five members, one of whom of whom
shall be the county commissioner of schools of the county or compose
district in which the school is located. The other members
of the board shall be- elected by the board of supervisors, one
for one year, one for two years, one for three years and one
for four years, and thereafter one member of the board shall
be elected annually for the full term of four years from the
date of the expiration of the term about to become vacant,
but no member of the board of supervisors shall be eligible.
Vacancies existing in the board from whatever cause, except vacancies,
in the case of the county commissioner, shall be filled by ap- h
pointment made by the chairman of the board of supervisors,
if the board of supervisors is not in session when such vacancy
occurs. If the board of supervisors is in session, vacancies
shall be filled by election by said board for the unexpired
term. Appointments made by the chairman of the board of
supervisors, as hereinbefore specified, shall be for the period
of time until the next regular meeting of the board of su-
pervisors. Each person appointed or created a member of oath,
the county school board shall, within ten days after the filed.
notice of such appointment, take and subscribe an oath, to
support the constitution of the United States and the consti-
tution of Michigan, and honestly, faithfully and impartially
to discharge Ms duties as a member of said board, to the
best of his ability, which oath shall be filed in the office of the
county clerk. He shall also, within the same time, file a bond Bond.
in such sum as may be fixed by the board of supervisors,
which bond shall be filed in the office of the county clerk.
Within fifteen days, after the appointment of said board, the organization
members thereof shall meet and organize by electing one of of board -
their number as president. The county commissioner of
schools shall be ex-officio secretary of the said board. The
board hereafter created shall prescribe the duties of the sev-
eral officers except as fixed by law.
(340) SEC. 3. Whenever two or more counties unite in Proceedings^
establishing such a school, the provisions of section two of more 1 counties
this act shall apply to the organization of the county school Joshing!'
board, and to filling vacancies therein : Provided, That the Proviso .
county commissioner of the county in which the school is
located shall be a member of the board and ex-officio its sec-
retary; and two members shall also be elected from each
county by the board of supervisors thereof, one for one year
and one for two years, and thereafter one member of the
board shall be elected annually in each county for the full
160
GENERAL SCHOOL LAWS.
penses.
Tax levy.
Treasurer of
board, duties.
term of two years, but no member of the county board of
supervisors shall be eligible.
County school (341) SEC. 4. Whenever two or more counties shall unite
in establishing and maintaining a school under the provisions
o f ^his ac ^ j^e county school board herein provided shall, on
or before the first day of October in each year, determine
the amount of money necessary for the equipment and main-
tenance of said school for the ensuing year, which said amount
they shall apportion among the counties in proportion to the
assessed valuation of each county as last fixed by the state
board of equalization and shall report their estimate and ap-
portionment to the county clerk of each count}', who shall lay
said report before the board of supervisors at its annual meet-
ing. The amount so apportioned to each county shall be
levied by the board of supervisors of such county, as a por-
tion of the county tax for the ensuing year, for the support
of the said school.
(342) SEC. 5. The county treasurer of the county in
which said school is located shall be ex-officio treasurer of
said board; all moneys appropriated and expended under the
provisions of this act shall be expended by the county school
board and shall be paid by the said county treasurer on or
ders issued by said board or in counties having a board of
county auditors, by such auditors, and all moneys received
by said board shall be paid to the said county treasurer for
the fund of the county school board.
(343) SEC. 6. In the county schools of agriculture and
domestic economy organized under the provisions of this act,
instruction shall be given in the elements of agriculture in-
cluding instruction concerning the soil, the plant life, and the
animal life of the farm ; a system of farm accounts shall also
be taught; instructions shall also be given in manual train-
ing and domestic economy and such other related subjects as
may be prescribed.
(344) SEC. 7. Each such school shall have connected with
it a tract of land suitable for purposes of experiment and
demonstration, of not less than ten acres in area.
(345) SEC. 8. The schools organized under the provisions
of this act shall be free to the inhabitants of the county or
counties contributing to their support, who shall be quali-
fied to pursue the course of study as prescribed by the school
board. Whenever students of advanced age desire admission
to the school during the winter months in sufficient number
to warrant the organization of special classes for their in-
struction, such classes shall be organized and continued for
such time as their attendance may make necessary.
(346) SEC. 9. The state superintendent of public instruc-
tion shall give such information and assistance and establish
such requirements as may seem necessary for the proper or-
ganization and maintenance of such schools, and, with the
advice of the president of the Michigan state agricultural
college, determine the qualifications required of teachers em-
instruction
to be given
School to
have land
School to
be free.
' 'Special
classes."
Superintend-
ent of public
instruction,
duty of.
President
agricultural
college.
GENERAL SCHOOL LAWS. 161
ployed in such schools : Provided, That no person shall be Proviso as to
eligible to a position as superintendent of any school estab- IKfSoo'i.
lished under this act, who is not a graduate of a state college
of agriculture. The state superintendent of public instruc-
tion shall have the general supervision of all schools estab-
lished under this act; shall from time to time inspect the
same, make such recommendations relating to their manage-
ment as he may deem necessary, and make such report there-
on to said schools as shall give full information concerning
their number, character and efficiency.
(347) SEC. 10. Any school established under the provi- Approved
sions of this act, whose course of study and qualifications of eligible to.
whose teachers have been approved by the superintendent of
public instruction and the president of the Michigan state
agricultural college, and which shall have expended at least
twenty thousand dollars in buildings and equipment, and
shall have acquired title to at least one hundred acres of
land to be used in connection with said school, may, upon
application, be placed upon the approved list of county schools
of agriculture, manual training and domestic economy. A Duration,
school once entered upon said list may remain listed and be
entitled to state aid so long as the scope and character of its
work are maintained in such manner as to meet the approval
of the superintendent of public instruction : Provided, That JJSlSfre-
he shall not place upon said list more than one school. On the port to super
first day of July in each year the secretary of each county irl
school board maintaining a school on the approved list shall
report to the superintendent of public instruction, setting
forth the facts relative to the cost of maintaining the school,
the character of the work done, the number and names of
teachers employed, an-d if more than one county contributes
to the support of such school, the amount so contributed by
each county, and such other matters as may be required by
the county school board or the said superintendent. Upon certificate
the receipt of such report, if it shall appear that the school gen a erai! r
has been maintained in a satisfactory manner for a period of
not less than eight months during the year closing on the
thirtieth day of the preceding June, the said superintendent
shall make a certificate to that effect and file it with the aud-
itor general. Upon receiving such certificate, the auditor warrant of,
general shall draw his warrant payable to the treasurer of ai
the county maintaining such school for a sum equal to two-
thirds the amount actually expended for maintaining such
school during the year : Provided, That the total sum so ap- Proviso,
portioned shall not exceed four thousand dollars to any one lu
school in any one year: Provided further, That any such Further
school receiving state aid shall be free to the inhabitants of P roviso -
the state on such terms as may be provided by said board and
the superintendent of public instruction. When more than when more
one county has contributed to the support of the school, the county 116
auditor general shall, draw his warrant payable to the treas-
urer of each county for such portion of the state aid as the
21
162
GENERAL SCHOOL LAWS.
amount contributed by his county is part of the total amount
contributed by all of the counties for the support of the school
Tax clause. for the preceding year. The auditor general shall annually,
beginning in the year nineteen hundred ten, include and ap-
portion in the state tax such sum as shall have been so paid.
Added 1909, Act 219.
Day schools
for deaf,
when estab
Jished, etc
Report to
superintend-
ent of public
instruction.
Annual
budget.
State treas-
urer to reim-
burse district.
DAY SCHOOLS FOR THE DEAF.
An Act authorizing school district boards, boards of trustees of graded
schools and boards of education in cities to establish and maintain
day schools for the deaf, and authorizing payment therefor from
the general fund, and repealing act number one hundred seventy-
six of the public acts of eighteen hundred ninety-nine and all other
acts or parts of acts conflicting with the provisions of this act.
[Act 224, 1905.]
The People of the State of Michigan enact:
(348) SECTION 1. That upon application by a school dis-
trict board, board of trustees of a graded school, or board of
education of any city of this state to the superintendent of
public instruction, he shall grant permission to such board
to establish and maintain, and such board shall thereupon be
empowered 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.
(349) SEC. 2. Any board which shall maintain one or
more day schools for the instruction of the deaf shall report
to the superintendent of public instruction annually, and at
such other times as he may direct, such facts concerning the
school or schools as he may require.
(350) SEC. 3. The board of education of the city or dis-
trict where a day school for the deaf is established shall in
elude in its annual budget a sufficient sum to maintain said
school and out of said sum shall pay said teachers monthly.
To reimburse said city or district for such expenditure the
state treasurer is hereby authorized to pay to the treasurer
of the proper school district, out of the general fund, on or
before July twenty in each year, upon the warrant of the
auditor general, the actual expense incurred for teachers'
salaries and purchase of necessary school appliances by any
school district in support of a day school for the deaf, which
shall have been conducted in accordance with this act dur-
ing nine months of the school year, as shown by vouchers filed
with the auditor general and certified to be correct by the
GENERAL SCHOOL LAWS. 163
superintendent of public instruction : Provided, That the Proviso as
total amount paid on account of any one school district or city t(
shall not exceed one hundred fifty dollars for each deaf pupil
instructed in any such school 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 : And be it further Provided, That the title for all 'Jjjjjf as
school appliances purchased shall vest in the state and in-
ventory thereof filed with the superintendent of public in-
struction July first of each year.
(351) SEC. 4. The district board or board of education y^here,
shall cause to be executed monthly, vouchers in triplicate show, etc.
upon forms prepared and furnished by the auditor general so
as to show the rate of salary paid to instructors of the deaf
and the time covered by such payment, also vouchers in tripli-
cate upon forms prepared and furnished by the auditor gen-
eral, showing the school appliances purchased and price for
each article or series of articles. The treasurer of said school warde<fto
district is required to forward two copies of these receipted supermtend-
, . . ,,. . -JLI ent of public
vouchers to the superintendent of public instruction within instruction.
the first five days of the month succeeding the month covered
by the payment. On or before the fifteenth of each month the
superintendent of public instruction shall present one set
thereof to the auditor general authorizing him to pay to the
treasurer of the proper school district the amount covered
by the certified vouchers presented.
(352) SEC. 5. All teachers in such schools shall be ap Employment
pointed and employed as other public school teachers are ap- t f c teac
pointed and employed. All persons appointed to teach in any
such school shall have had special training for teaching, and
shall be graduates of a training school for teachers of the deaf
by the "oral" method, and shall also have had special train-
ing in the teaching of the deaf, including at least one year's
experience as a teacher in a school for the deaf. The so-called "o 1 " s y s -
"oral" system shall be taught by such teachers, and if after a taught. e
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.
(353) SEC. 6. For the purpose of this act, any person Deaf, who
of sound mind who, by reason of defective hearing, cannot cc
profitably be educated in the public schools, as other children
are, shall be considered deaf.
Sec. 7. Repeals Act 176, 1899.
161
GENERAL SCHOOL LAWS.
Bond required
for payment
of subcon-
tractors.
Subcontract-
ors to give
written
notice.
When en-
titled to
benefit of
security, etc.
Bond, to
whom exe-
cuted, sure-
ties, by whom
approved, etc.
PAYMENT OF SUBCONTRACTORS.
An Act to insure the payment of subcontractors and wages earned
and material used in constructing, repairing or ornamenting public
buildings and public works.
[Act 187, 1905.]
The People of tJie State of Michigan enact:
(354) SECTION 1. When public buildings or other pub-
lic works are about to be built, repaired or ornamented under
contract at the expense of the state, or of any county, city,
village, township or school district thereof, it shall be the
duty of the board of officers or agents, contracting on behalf
of the state, county, city, village, township or school district,
to require sufficient security by bond for the payment by the
contractor of all subcontractors and for the payment for all
labor performed and materials furnished in the erection, re-
pairing or ornamenting of such building or works.
(355) SEC. 2. In the case of a subcontractor, he shall
give notice in writing before payment is made for the Avork
or materials furnished by him to the said board of officers
or agents, that he is a subcontractor for the doing of some
part of such work which he shall specify in his notice and
that he relies upon the security of the bond by this act re-
quired to be given by the principal contractor, and that in
the case of the giving of such notice to the said board of
officers or agents said subcontractor shall also notify the
principal contractor that he has done so, and whenever this
shall have been done, the said subcontractor shall be entitled,
subject to the rights of the persons with whom he has con-
tracted for labor and materials, to the benefit of the security
given by the principal contractor, and to be subrogated to
the liens of the persons who have performed labor or fur-
nished materials for such building, repairs or ornamentation,
whom he shall have actually paid, but the subcontractor and
the persons who shall have performed labor or furnished
materials to him shall not in the aggregate be entitled to re-
ceive larger sums than may be required from the principal
contractor under his contract with the subcontractor, nor
shall this act be construed to change in any way the contract
which may have been made between the principal contractor
and the subcontractor, except when such contract shall at-
tempt to relieve the principal contractor as against the de-
mands of those performing labor or furnishing materials to
the subcontractor.
(356) SEC. 3. Such bond shall be executed by such con-
tractor to the people of the state of Michigan in such amount
and with such sureties as shall be approved by the board of
officers or agents acting on behalf of the state, county, city,
village, township, or school district as aforesaid, and shall be
GENERAL SCHOOL LAWS. 165
conditioned for the payment by such contractor to any sub-
contractor or by any such contractor or subcontractor as the
same may become due and payable of all indebtedness which
may arise from said contractor to a subcontractor or party
performing labor or furnishing materials, or any subcon-
tractor to any person, firm or corporation on account of any
labor performed or materials furnished in the erection, re-
pairing or ornamentation of such building, improvement or
works : Provided, however, That the principal contractor Proviso.
shall not be required to make any payment to a subcontractor
of sums due from the subcontractor to parties performing
labor or furnishing materials, except upon the receipt or the
written orders of such parties to pay the sums due to them to
subcontractors. Such bond shall be deposited with and held
by such board of officers or agents for the use of any party in-
terested therein.
Sureties on a bond given for the benefit of laborers and materialmen can-
not avoid liability by showing a failure of the municipal authorities to ap-
prove the bond. People v. Carroll, 151 / 233.
(357) SEC. 4. Such bond may be prosecuted and a re- ^ e g v ery
covery had by any person, firm or corporation to whom any O n bond.
money shall be due and payable on account of having per-
formed any labor or furnished any materials in the erection,
repairing or ornamentation of any such building or works, in
the name of the people of this state for the use and benefit of
such person, firm or corporation : Provided, however, That Proviso.
in the case of a suit for the benefit of a subcontractor, he shall
be required to allege and prove that he has paid to all parties
entitled thereto the full sums due to them for labor or ma-
terials contracted for by him : And Provided further, That in Further
no case brought under the provisions of this act shall the pl
people of this state be liable for costs.
CITIES OF FOURTH CLASS.
An Act to provide for the incorporation of cities of the fourth class.
[Extract from Act 215, 1895, Chap. XXXII.]
(358) 3338. SECTION 1. Each city incorporated under ^ t
this act shall constitute a single school district. Such school school district,
district shall be a body corporate, by the name and style of
the "public schools of the city of " (naming the
city) and shall possess the usual powers of corporations for
public purposes; and in that name may sue and be sued,
and purchase, acquire, hold and dispose of such real and per-
166
GENERAL SCHOOL LAWS.
sonal property as is authorized to be purchased, acquired or
Proviso as to disposed of by this chapter: Provided, That if in any village
dtiand rated re-incorporated as a city or any city re-incorporated under
villages. ail( j made subject to the provisions of this act, there shall be
a school district extending beyond the city limits, or having a
special charter, then such school district shall not be governed
by the provisions of this chapter, but all the laws and regula-
tions now governing such district shall remain in full force
and effect the same as if such city or village had not been
re-incorporated.
Am. 1905, Act 106.
(359) 3339. SEC. 2. The board of education of such
public schools shall consist of six trustees, who shall be quali-
fied electors of the school district, and the regular annual
election of school trustees shall be held on the second Monday
of July of each year. At the first election held under this act
two trustees shall be elected for the term of one year, two
for the term of two years, and two for the term of three years
from the second Monday of July of such year, and the term
for which each trustee is elected shall be designated on the
ballot cast for him. Annually thereafter two trustees shall be
elected for a term of three years from and after the second
Monday of July of the year when elected and until their suc-
cessors" are qualified and enter upon the duties of their offices.
Am. 1905, Act 231.
Board of
education,
of whom
to consist.
Annual
election.
Term of
office.
Manner of
conducting
annual elec-
tion of
trustees.
Notice of
election.
(360) 3340. SEC. 3. Such annual election of school
trustees, as above provided, shall be held at such place in
each city as the board of education shall designate. In the
designation of such place, it shall be the duty of the said
board to choose a place most convenient for the accommoda
tion of the voters. The polls shall be open at nine o'clock in
the forenoon, and shall continue open, without intermission
or adjournment, until the hour of eight o'clock in the after-
noon, at which time they shall be finally closed. Said election
shall be by ballot and except as herein otherwise directed,
shall be conducted in all respects including the manner of
selecting candidates; the placing of the names of candidates
upon the ballots; the printing of the ballots; erection of
booths, etc., in the same manner and in conformity with the
provisions of law governing in the cr.se of annual township
elections. All the penalties of the general election law rela-
tive to neglect of duty or violation of the terms of this act.
shall be applicable. The members of the said school board
shall be governed by the same restrictions and shall perform
similar duties to those prescribed for the township board at
annual township meetings. Notice of the time and place of
holding such election shall be given by the secretary of the
board at least fifteen days before the said election by placing
sch notices in three of the most public places in each ward
GENERAL, SCHOOL LAWS. 167
of the city, and by publishing a copy thereof in one or more
newspapers published in the city, the same length of time be-
fore the election. On or before the twentieth day of June Election com-
in each year, the board of education shall appoint three elec- missioners -
tion commissioners. All nominations for the office of trustee Nomination
shall be made by petition signed by at least twenty-five quali- pet
fled electors of said district. All nomination petitions shall
be filed by the respective candidates with said election com-
missioners at least five days before the election. The said ^ a n^at f
election commissioners shall after the time, during which nom- on n baiiot es
ination petitions may be filed, has elapsed, proceed to deter-
mine, by lot, the place which each candidate shall have upon
the official ballot. And thereupon said commissioners shall Ballots,
cause to be printed ballots in the same manner and form as etc f>
near as may be, as now used in the election of city officers.
They shall deliver said ballots when printed to the secretary
of the board of education the day preceding the day of elec-
tion. Nothing contained herein, however, shall be construed
so as to prevent any elector from voting for any person by
pasting or writing the name of his candidate or candidates
in pencil on his ballot.
Am. 1907, Act 110.
(3G1) 3341. SEC. 4. The president and secretary of inspectors
the board of education and one other trustee to be designated
by the board, if not candidates for election, shall constitute
a board of inspectors of such election, and if any of said
three trustees be so disqualified, or shall not be present
at the time of the opening of the polls or remain in attend-
ance, the electors present may choose viva voce such number
of electors present as shall constitute a board of three in-
spectors of such election. Each of said inspectors shall take
the required eath to faithfully perform the duties of in-
spector of such election. The president of the board shall
be chairman of the board of inspectors; in his absence the
inspectors shall elect one of their number as suck chairman.
The qualifications of voters at such election, or at any school $ U v \
district meeting shall be such as are or may hereafter be pre-
scribed by the general school laws. The board of inspectors Authority
shall have the same authority and power in maintaining and of inspector3 -
enforcing order and obedience to their lawful commands at
such elections and during the canvass of the votes as are con-
ferred by the general laws of the state upon school officers
in similar cases.
Am. Id.
(362) 3342. SEC. 5. The board of inspectors shall make Duties of
a poll list of the names of persons voting at such election. m
They shall also have the last school census present at such
election open for inspection by any citizen; they shall also
have the right of access to the registration books of the sev-
168
GENERAL SCHOOL LAWS.
eral wards of the city, if they deem it necessary, and for that
purpose they may require the city clerk to attend such elec-
tion with such registers.
Am. Id.
COMMISSION ONJNDUSTRIAL EDUCATION.
An Act to provide for a state commission on industrial education
including elementary training in agriculture.
[Act 228, 1909.]
The People of the State of Michigan enact:
(363) SECTION 1. The governor of the state of Michigan,
by and with the consent of the senate, is hereby empowered to
appoint a commission of not less than five, nor more than
seven members, to be known as the Michigan commission on
industrial and agricultural education.
(364) SEC. 2. This commission, immediately after ap-
pointment, shall organize by choosing from its own member-
ship a chairman and secretary.
(365) SEC. 3. It shall be the duty of this commission to
make a careful study of the conditions of elementary, indus-
trial and agricultural education in the state of Michigan,
whether under public school or other auspices, including the
study of conditions of labor as they affect children between the
ages of fourteen arid eighteen, and it shall further be the duty
of this commission to present a report showing these condi-
tions, with recommendations for such a plan of elementary,
industrial and agricultural training in connection with the
public schools of the state as shall, in their judgment, best
in triplicate, meet the conditions shown to exist; this report to be ren-
dered in triplicate to the governor, the state superintendent
of public instruction and the state commissioner of labor on
or before January one, nineteen hundred eleven.
(366) SEC. 4. The members of this commission shall serve
without pay, and the commission shall maintain its organiza-
tion until July one, nineteen hundred eleven, when said com-
mission shall expire by limitation, unless renewed by subse-
quent act of the legislature.
Commission
how ap-
pointed.
When to
organize.
Duties of.
To report.
Expiration of
commission.
GENERx\L SCHOOL LAWS. 169
SCHOOL SITES.
An Act authorizing the commissioner of the state land office to
sell sites to school districts, churches and cemetery associations
from lands held by the state as tax homestead lands.
[Act 223, 1909.]
The People of the State of Michigan enact:
(367) SECTION 1. The commissioner of the state land
office is hereby authorized to sell sites to school districts, commissioner
churches and cemetery associations from any lands held by may selh
the state of Michigan as tax homestead lands, at such price
jis shall be fixed by the said commissioner. The application Application.
for the purchase of such sites shall be made by the proper
officers of the school district, or the trustees of the church or
cemetery association, upon blanks prepared and furnished by
the said commissioner for that purpose: Provided, That the Proviso,
said commissioner shall not sell for any such purpose any
land in excess of the amount which may be necessary for
the use of any such school district, church or cemetery asso-
ciation : Provided further, That any land so sold shall be Further
used solely for the above purposes, and when same ceases to
be used for such purpose, it shall revert to the state of
Michigan.
EXEMPTION OF BONDS FROM TAXATION.
An Act to exempt from taxation bonds hereafter issued by any
county, township, city, village or school district within the state
of Michigan.
[Act 88, 1909.]
The People of the State of Michigan enact:
(.>(S) SECTION 1. All bonds hereafter issued by any Bonds, ex-
county, township, city, village or school district within the tJ"ati2n. m
stnte of Michigan pursuant to statute are hereby exempted
from all taxation.
Sec. 2 repeals inconsistent acts.
99
APPENDIX.
APPENDIX.
FORMS FOR PROCEEDINGS UNDER THE SCHOOL LAWS.
FORM No. 1.
Notice by the clerk of the township board to a taxable inhabitant of a district of
the time of its formation.
[See sections 28, 29.]
To A B
SIR The township board of the township of have formed a school
district in said township, to be known as district No and bounded
as follows: [Here insert the description.]
The first meeting of said district will be held at , on the day of
19 . . , at o'clock, . . . M, and you are instructed to notify every
legal voter of said district of the same, at least five days previous to said meet-
ing, either personally or by leaving a written notice at his place of residence.
You will indorse on this notice a return, showing each notification, with the
date or dates thereof, and deliver the same to the chairman of said meeting.
Dated this day of , 19
(Signed.) C D ,
Cleric of the Township Board.
FORM No. 2.
Notice of first meeting when made in writing to be left at the house of every
legal voter.
[See sections 28, 29, 43.]
To O D
SIR School district No of the township of having been
formed by the township board, you, as a legal voter in said district, are hereby
notified that the first meeting thereof will be held at , on the
day of , 19 . . . , at o'clock . . . M.
Dated this day of 19. ..
(Signed.) A B ,
[The person appointed to give notice.'}
174
APPENDIX.
FOEM No. 3.
Endorsement upon the notice (Form No. 1) by Taxable Inhabitant.
[See sections 28, 29, 43.]
l t A B , hereby return the within (or annexed) notice,
having notified the qualified voters of the district, as follows:
NAMES. DATE. How NOTIFIED.
A B January 1, 1910 Personally.
C D January 1, 1910 Written notice.
E F. January 2, 1910 Personally.
Dated this day of 19 ...
(Signed.) A B
FORM No. 4.
Notice by Toivnship Clerk to Director, of Alteration in District.
[See section 37.]
To the Director of School District No , Township of
SIE At a meeting of the township board of the township of held
, 19..., the boundaries of school district No , township of
were altered in such manner that the territory of said district
now includes the following: [Here insert the description.]
Dated this day of 19 ...
(Signed.) C D t
Clerk of the Township Board.
FORM No. 5.
Notice of Meeting of Township Board.
[See section 34.]
NOTICE-A meeting of the township board of the township of .
will be held at , on the day of 19 at
)ck ... M., for the purpose of [here insert every object that is' to be brought
APPENDIX. 175
before the meeting, and if for the purpose of changing boundaries of districts
state the alterations proposed.]
Dated this day of 19 ...
(Signed.) A B ,
Clerk of the Township Board.
FORM No. 6.
Appointment of District Officers by Township Board.
[See section 49.]
The undersigned members of the township board of the township of ,
do hereby appoint A B [director, moderator or treasurer, as
the case may be] of school district No , in said township, the district
board having failed to appoint.
Dated this day of 19 ...
C D ,
B F .,
G H ,
Township Board.
FOKM No. 7.
Notice to Township Board requesting it to fix School Site.
[See section 102.]
To the Township Clerk of Township:
You are hereby notified that the legally qualified voters resident in school
district No , township of , county of , are unable
to fix a school site for said district and you are hereby requested to call a meet-
ing of the township board of the township of , for the purpose of
fixing a site for said school district.
Dated this day of 19. ..
(Signed.) A B ,
Director.
FORM No. 8.
Certificate to be given to the Director of a School District, by the Township
Board when it establishes a Site.
[See section 102.]
The inhabitants of school district No , township of ,
having failed, at a legal meeting, to establish, a site for a schoolhouse, the town-
176 APPENDIX.
ship board hereby certifies that it has determined that the said site shall be
as follows: [Here insert description.]
Given under our hands this day of , 19. ..
A B ,
C D ,
E F
Township Board.
FORM No. 9.
Notice to Toivnship Board of consent to consolidation of School Districts.
[See section 35.]
To the Township Clerk of Township:
SIR At a meeting of the legally qualified voters of school district No
, township of , held , 19 . . . , the question of dis-
banding the present organization of said district and uniting its territory with
that of other school districts was submitted resident taxpayers of
the district were present. The result of the vote was as follows: Number of
votes in favor of disbanding the district ; number of votes opposed to
disbanding the district You are hereby notified that a majority of the
resident taxpayers of said school district No of the township of
has consented to the disbanding of said district and the consolidation of its
territory with other districts and you are hereby requested to call a meeting
of the -township board of township at the earliest possible date
to dispose of the territory and property of said s'chool district No , town-
ship of
Dated this day of 19 ...
(Signed.) A.'. B ,
Director.
FORM No. 10.
Petition by resident taxpayers of the School District, giving consent to the dis-
banding of ScJvaol District and Consolidation of territory.
[See section 35.]
, Michigan, , 19 ...
To the Toivnship Board of Township, County of ,
State of Michigan:
The undersigned, resident taxpayers of the school district No , in the
township of , do hereby give consent that the organization of said
school district No township of , shall be dissolved and that
the territory of said school district No of the township of
shall be divided or consolidated with other school districts as in the judgment
of the township board may tre deemed
(Signatures.)
APPENDIX. 177
FORM No. 11.
Notice of Annual Meeting.
[See sections 40, 42, 67.]
NOTICE The annual meeting of school district No. of the township of
, for the election of school district officers and for the transaction
of such other business as may lawfully come before it, will be held at ,
on Monday, the day of July, 19 . . . , at o'clock . . . M.
Dated this day of June, 19...
(Signed.) A B
Director.
FORM No. 12.
Request to be made by five Legal Voters of a District to the District Board for
a Special Meeting.
/
[See section 41.]
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 1881, to call a special meeting of said district, for the purpose
of
Dated this day of 19 ...
(Signed.) C D ,
E F ,
G H ,
I * K ,
L.. . M..
FORM No. 13.
Notice of Special Meeting.
[See sections 41, 42.]
NOTICE A special meeting of the legal voters of school district No ,
in the township of , called on the written request of five legal
voters [or called by the district board, as the case may be], will be held at
, on .the day of , 19. . ., at ...
o'clock . . . M., for the p*urp'oe [her*e inste'rt etfc'ry object that is to be brought
tfefore the meeting.]
(SigtfeU) A B, ,
Director.
23
178 APPENDIX.
FORM No. 14.
Appointment of District Officers by District Boards.
[See sections 49, 121, 218.]
The undersigned, members of the district board of school district No ,
township of , do hereby appoint A B
[director, moderator, or treasurer, 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 19...
E F ,
G.. . H..
FORM No. 15.
Acceptance of office by District Officers, to be filed with the Director.
[See sections 51, 121, 139, 216.]
I do hereby accept the office of in school district No of
the township of
Dated this day of , 19 ...
(Signed.) A B..
FORM No. 16.
Affidavit of District Officers to accompany acceptance.
[See section 51.]
STATE OF MICHIGAN,
. ss.
COUNTY OF.
being duly sworn, says that he has been elected to
the office of in school district No of the township of
that he is a legally qualified voter in school meetings of said district, that his
name appears on the assessment roll of township and of said district,
and that he is the owner in his own right of the property so assessed.
Subscribed and sworn to before me,
, this day of
, A. D. 19..
My commission expires
APPENDIX. 179
FORM No. 17.
Treasurer's Bond.
[See sections 72, 217.]
KNOW ALL MEN BY THESE PRESENTS : That we, A B treasurer
of school district No. township of , county of
and state of Michigan, and
[his sureties], are each held firmly bound unto said district in amounts as fol-
lows: C D $ ; B P $ ; G
H $ ; I J $ , etc., the total amount of the
bond being to be paid to said district; for the payment of which
sums and 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
treasurer as aforesaid, shall faithfully discharge the duties of his office as treas-
urer 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 treasurer 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 treasurer aforesaid, and shall deliver to his suc-
cessor all books and papers appertaining to his said office, then this obliga-
tion shall be void, otherwise of full force and virtue.
Sealed with our seals and dated this day of , 19 ...
A B , [L. s.]
C D , [L. s.]
E F , [L. s.]
G H , [L. s.]
Signed, sealed and delivered in presence of
We approve the within bond.
(Signed.) K L , Moderator.
M N , Director.
Justification of Sureties on the foregoing Bond.
C D and E F and G
H and I J , the sureties, whose names are
subscribed to the above bond, being duly sworn, each for himself, says that he
is a resident in said county and is worth the sum specified after his name in
said bond, over and above all his debts and liabilities, exclusive of property
exempt from execution.
Subscribed and sworn to before me, a in and for said
county, this day of , 19 ...
My commission expires
180 APPENDIX.
FORM No. 18.
Order upon the Treasurer for Moneys to be disbursed by Mm, with Receipt
attached.
i
[See sections 67, 72.]
Treasurer of School District No , Township of :
SIB Pay to the sum of dollars out of
any moneys in your hands belonging to the [here insert name of fund on which
order is drawn, as "teachers' wages," general, etc.] fund, on account of [here
state the object for which the order was drawn.]
Dated this day of , 19...
A B ,
Director.
[Countersigned]
C D , Moderator.
Received of E F , treasurer of school district No
the amount specified in the above order.
G.. . H..
FORM No. 19.
Warrant upon Township Treasurer for moneys belonging to School District.
[See sections 67, 72, 85, 224.]
Treasurer of the Township of :
SIR Pay to A B , treasurer of school district No
in said township, the sum of dollars, out of [here insert the particular
fund], in your hands belonging to said district.
Dated this day of ] 9 . . .
C D ,
[Countersigned] Director.
E F.. , Moderator.
FORM No. 20.
Notice to Township Clerk of the establishment of school district library.
[See section 131.]
To the Township Clerk of Township :
You are hereby notified that school district No of the township of
, at the annual [or special] meeting held on the day of ,
19..., voted to establish a district library under the provisions of section 4757,
C. L. 1897, as amended. You are hereby requested to apportion to said
APPENDIX. 181
school district its just proportion of any books now in the township library of
township according to the number of children in this district.
(Signed.) A B ,
Director.
FORM No. 21.
Notice to Toivnship Clerk of taxes voted by School District.
[See section 46.]
To the Clerk of the Township of , County of :
You are hereby notified that at the (annual or special) meeting of legally
qualified voters of school district No , township of , the fol-
lowing taxes were voted to be spread upon the property of the district for the
ensu-ing year under the provisions of section 4GG5, 0. L. 1S97, as amended:
For school sites $
For building schoolhouse
For repairs ,
For necessary appendages
For library
For indebtedness
For transportation of pupils
[Specify other items.]
Total tax $
Said sums you will report to the supervisor to be assessed iipon the taxable
property of said district in accordance with the provisions of law.
Dated at this day of , 19 ...
A B , Director.
C D . . . , Moderator.
E F , Treasurer.
FORM No. 22.
Notice to Township Clerk of taxes uoted ty District Board under the provisions
of section 55.
[See section 55 1
To the Clerk of the Township of , County of :
You are hereby notified that the district board of school district No ,
township of , at a meeting of said board held on the day of
, 19 , estimated and voted taxes for teachers' wages, fuel,
incidental expenses and deficiencies, to be levied upon the property of said
school district for the ensuing year as follows:
Teachers' wages $
Fuel
Incidental expenses
Deficiencies -
Flag and flag staff
Free textbooks
Officers' salaries
Tuition
Total . $
182
APPENDIX.
Said sums you will report to the supervisor to be assessed upon the taxable
property of said district in accordance with the provisions of law.
Dated at , this day of , 19....
A B , Director.
C D , Moderator.
E . . . F , Treasurer.
FORM No. 23.
Notice by the Township Treasurer to the Township Clerk of moneys to be Ap-
portioned to Districts.
[See sections 85, 86.]
To the Clerk of the Township of , County of :
g IR i have now in my hands for apportionment to the several school districts
of this township the following moneys:
Primary school interest fund $
Library moneys received from county treasurer
One-mill tax
Surplus dog tax
District taxes
Special funds
Dated this day of , 19. . .
A B ,
Township Treasurer.
FORM No. 24.
Notice by the Township Clerk to the Township Treasurer, of the Apportionment
of Moneys to Districts.
[See sections 76, 77.]
To the Treasurer of the Township of , County of :
SIE Herewith find a statement of the number of children of school age in
each school district of this township, entitled to draw public moneys, and the
amount of moneys apportioned to each of said districts:
Districts.
No. of children in
district.
Primary school in-
terest fund.
B
>>
M
One-mill tax.
Surplus dog tax.
District taxes.
A
Total to each dis-
trict.
District No. 1. .
{
$
$
$
$
$
$
District No. 2, fr'l
.
Total
$.
$
$
$
$
|
$
Dated this day of
19...
A.
B,
Township Clerk.
APPENDIX.
183
FORM No. 25.
Notice by Township Clerk to Directors, of Moneys belonging to the Districts.
[See section 77.]
B .......... , Director, School District No ........... , Township of
SIR The amount of school moneys apportioned to school district No ......... ,
township of .............. , is as follows:
Primary school interest fund ..................................... $ ......
Library moneys received from county treasurer ..............................
One mill tax ........ " .................................................... '.'.'.'.'.
Surplus dog tax .............................................................
District taxes ...............................................................
Special funds .................... .............
Total
Dated this day of
, 19-..
A.
B
Township Clerk.
FORM No. 26.
Certificate by the Township Clerk to the Supervisor, of district taxes to be
assessed.
[See section 75.]
Supervisor of the Township of , County of :
SIR I hereby certify that the following is a correct statement of moneys
proposed to be raised by taxation for school purposes in each of the several
school districts of this township, as the same appears from the reports of the
district boards of the several districts now on file in my office:
Districts.
Is
:i
For building
purposes.
For repairs.
*|
||
1"
i
i
1
For apparatus.
For incidental
expenees.
1
n
District No. 1
$.
$
$
$
$
$
$
$
$
$
District No 2 fr'l
.
Which amounts you will assess upon the taxable property of each of said
districts in accordance with the provisions of law.
Dated this day of , 19. ..
A B ,
Township Clerk.
184
APPENDIX.
FORM No. 27.
Deed to school district.
[See section 54.]
KNOW ALL MEN BY THESE PRESENTS : That A B and C
D , his wife, of the township of
county of and state of , part of
the first part, for and in consideration of the sum of -. dollars, to
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 part., of the first part for them-
selves, 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 in-
defeasible 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 ,
19...
A B , [SEAL]
C D , [SEAL]
Signed, sealed and delivered in presence of
E F
G H
STATE OF )
County of \ ^
On this day of , in the year one thousand nine hun-
dred and , before me, J K , a , in
and for said county, personally appeared and ,
his wife, to me known to be the same persons described in and who executed
the within instrument, who severally acknowledged the same to be their free
act and deed.
Witness my hand and official seal, the day aad year last above named.
J K , [SKAL]
My commission expires
APPENDIX. 185
FORM No. 28.
Lease to school district.
[See section 54.]
KNOW ALL MEN BY THESE PRESENTS I "That A B , of the
township of , county of , and state of
of the 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 follow-
ing parcel of land, to wit: [here insert description] with all the privileges and
appurtenances thereto belonging; to have and to hold the same for and during
the term of years from the day of , 19 ...
And the said party of the second part, for themselves and their assigns, do
covenant and agree to pay the said party of the first part, for the said premises,
the annual rent of dollars.
In testimony whereof, the said parties have hereunto set their hands and
seals this day of , 19 ...
A B , [SEAL]
Lessor.
C D ,
E P , [SEAL]
G... H ,
Board of School District No of the Township.
Signed and sealed in the presence of
I R
L. . M. .
FORM No. 29.
Contract for building a schoolhouse.
[See section 54.]
Contract made and entered into between A B , of the town-
ship of , in the county of , and state of Michigan, and
C D , E F , and G H ,
composing the district board of school district No of the township of
, in the county of , and state of Michigan, and their
successors in office.
In consideration of the sum of one dollar in hand paid, the receipt whereof is
hereby acknowledged, and of the further sum of dollars, to be paid
as hereinafter specified, the said A B hereby agrees to build
a schoolhouse, and to furnish the material therefor, according to the
plans and specifications for the erection of said house hereto appended, and at
such point in said district as said district board may designate. The said
house is to be built of the best material in a substantial, workmanlike manner,
and is to be completed and delivered to the said district board or their successors
in office, free from any lien for work done or material furnished, by the
day of , 19 ... And in case the said house is not finished by the
24
186 APPENDIX.
time herein specified, the said A B shall forfeit and pay
to the said district board or their successors in office, for the use of said district,
the sum of dollars, and shall also be liable for all damages that
may result to said district in consequence of said failure.
The said district board or their successors in office, in behalf of said district,
hereby agrees 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, trans-
ferred, or assigned without the consent of both parties.
Witness our hands this day of , 19. ..
c
Contractor.
D ,
E
F ,
G
H ,
District Board.
FORM No. 30.
Contract between district board and teacher.
[See sections 59, 122, 221.]
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
county and township, that the said A B shall teach the school
of said district for the term of months, commencing on the
day of , 19. . ., and that there shall be vacation periods of
days beginning on the following dates :
The said A B agrees to faithfully keep a correct list of the
pupils, grade and age of each attending school; to faithfully observe aird enforce
the rules and regulations established by the district board of said district for
the external management of said school and endeavor to preserve in good condi-
tion and order the school grounds, furniture and such other district property as
may come under h. . supervision. The said A B further
agrees to teach the subject of physiology and hygiene with special reference to
the effects of alcoholic drinks and narcotics as is required by law, also to give
instruction in regard to the mode by which dangerous communicable diseases
are spread, the best methods for the restriction and prevention of such diseases,
and will report the facts in regard to all such instruction to the director at
the close of the school term or year. The said A B further
agrees to prepare a report at the close of the school term or year showing the
foregoing facts, also the number of days each pupil attended school, the aggregate
attendance, the average daily attendance, and the percentage of attendance, to-
gether with such other items as the said district board or the commissioner of
schools may require, and that all this information and all these reports shall be
placed in the hands of the director at the close of the school term or year and
prior to receiving the wages for the last month's labor.
The said district board, in behalf of said district, agrees to provide a water
supply for the school, to keep the schoolhouse in good repair, and the school
grounds in good and sanitary condition, to provide proper and necessary fuel, to
APPENDIX. 187
provide a janitor, or allow the teacher dollars per month for such
service, to purchase and place in the schoolroom the necessary appendages speci-
fied in the law, to provide the teacher and pupils with proper charts and appliances
for giving instruction in the subjects above mentioned, and to do all things
that will promote the welfare and success of the school, and to pay said A
B for said services as teacher, to be faithfully and truly rendered and
performed as above stated, the sum of dollars per month, the same
being the amount of wages agreed upon, to be paid on or before the
day of , 19 . . . ; provided, that in case the said A B
shall be dismissed from school by the said 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 lawfully authority, h . . shall not be entitled to any
compensation from and after such annullment, suspension, or dismissal.
In witness whereof, we have hereunto subscribed our names this
day of , 19...
C D , Director.
E F , Moderator.
G H , Treasurer.
A . . . B . . . , Teacher.
188
APPENDIX.
I
I!
1
i
55 g)
li
s 1
.2 a
s
s
bfi
5.,
00
APPENDIX.
189
FORM No. 32.
Office of Commissioner of Schools.
[See section 246.]
, Michigan, ..'...
, 19,
DEAR TEACHER By the provisions of Act No. 200 of the Public Acts of 1905,
as amended, each teacher is required to examine the census list furnished her by
the director at the opening of school, and report to the commissioner the names
of any children who are not in attendance at the public school. I would like
to have you report to me each month and at any time when there are any cases
of non-attendance. You will please fill out on the appended form the names of
children, their parents, and addresses in all cases where the children are not in
regular attendance and forward the same to me at once.
Very respectfully,
Commissioner of Schools.
FORM No. 33.
Notice to commissioner of schools by teacher of cases of truancy.
[See section 246.]
, Michigan, , 19. ..
County Commissioner of Schools:
SIR You are hereby notified that the following children, residents of district
No township of , are not in regular attendance at the
public school:
NAME OF CHILD.
NAME OF PARENT.
ADDRESS. i
Very respectfully,
Teacher.
190
APPENDIX.
FORM No. 34.
Notice of commissioner of schools to county truant officer.
[See sections 246, 247.]
, Michigan,
,19.
Truant Officer of County:
SIR You are hereby notified that the following named children in the districts
and townships specified are not in regular attendance at the public schools. By
the provisions of Act No. 200 of the Public Acts of 1905, as amended, you are
hereby requested to investigate these cases of truancy or non-attendance at school
as is provided in said act.
NAME OF CHILD.
NAME OF PARENT.
ADDRESS.
DISTRICT.
TOWNSHIP.
Yours respectfully,
County Commissioner of Schools.
FORM No. 35.
Notice to parents or guardians in rural districts in regard to truancy.
[See section 247.]
Michigan, , 19.
To :
You are hereby notified that , a child at least seven years of
age and under sixteen years, and under your legal control, is not attending the
public school as is required by Act No. 200 of the Public Acts of 1905, as
amended. You are hereby directed to send said child to the public school in
your district on the day following the receipt of this notice at nine o'clock,
with the necessary books for instruction, and you are further notified that
said child must be in regular and consecutive attendance at school during the
remainder of the school year as taught in your district.
Yours respectfully,
Served , 19 ...
County Truant Officer.
APPENDIX. 191
FORM No. 36.
Notice to teacher of formal notice to parent,
[See section 247.]
, Michigan, , 19 ,
You are hereby notified that on .- , 19 . . . , formal notice was
served on that the child under his control should
be in regular and consecutive attendance at public school beginning on the day
following the receipt of the notice. Please give me immediate notice should
the parent fail to perform his duty in accordance therewith.
Very respectfully,
County Truant Officer.
FORM No. 37.
Notice by teacher (or commissioner) to truant officer.
[See section 247.]
, Michigan, , 19
County Truant Officer,
SIR You are hereby notified that the child
of of district No township of
did not begin attendance at the public school on the date stated in formal notice,
nor has been in attendance since.
Respectfully,
Teacher (or commissioner.)
FORM No. 38.
Notice to truant officer in city or village.
[See section 247.]
., Michigan, , 19
Truant Officer of City (or Village or Township) :
SIR You are hereby notified that the following named children in this city
(or village) are not in regular attendance at the public schools. By the provi-
sions of Act No. 200 of the Public Acts of 1905, as amended, you are hereby
requested to investigate these cases of truancy or non-attendance at school, as
is provided in said act.
192
APPENDIX.
NAME OF CHILD.
NAME OF PARENT.
ADDRESS.
V,ery respectfully,
" Superintendent.
FORM No. 39.
Notice to parents or guardians in cities or villages.
[See section 247.]
., Michigan, , 19
To M ,
No Street:
You are hereby notified that , a child at least seven years
of age and under sixteen years, and under your control, is not attending the
public schools as is required by Act No. 200 of the Public Acts of 1905, as
amended. You are hereby notified to cause said to begin regular
and consecutive attendance at the public school on the day following the receipt
of this notice at nine o'clock at the school, and you are further
notified that said child must be in regular and consecutive attendance during
the remainder of the school year.
Respectfully,
Served , 19 ... ,
Truant Officer.
FORM No. 40.
Notice to commissioner of schools, Toy teacher, of deaf children not in attendance
at schools for the deaf.
[See section 252.]
, Michigan,
,, 19.
County Commissioner of Schools:
SIR You are hereby notified that the following named children, residents of
district No , township of , have such defective hearing
that they cannot be taught in the public schools, and are not attending schools
for the deaf.
APPENDIX.
193
NAME OF CHILD.
NAME OF PARENT.
ADDRESS.
Very respectfully,
Teacher.
FORM No. 41.
Notice of commissioner or truant officer to superintendent of State School for the
Deaf.
[See section 252.]
, Michigan, , 19 ...
Superintendent of School for the Deaf, Flint, Michigan:
SIR You are hereby notified that the following named children in the districts
and townships specified have such defective hearing that they cannot be taught
successfully in the public schools, and are not attending any institution for deaf
children.
XAME OF CHILD. NAME OF PARENT. ADDRESS. DISTRICT, TOWNSHIP OR CITY.
Very respectfully,
Commissioner or Truant Officer.
25
194
APPENDIX.
FORM No. 42.
Notice to parents or guardians by truant officer.
[See section 252.]
Michigan, , 19,
To :
You are hereby notified that , a child seven years of age and
under eighteen years, and under your legal control, is reported to me .as having
such defective hearing as makes it impossible for such child to be instructed
in the public schools, and that said child is not attending any school for the
deaf as is required by Act No. 48 of the Public Acts of 1907. It is your duty and
you are hereby directed to send such child to a day school for the deaf or to the
State School for the Deaf at Flint, or some other school for the deaf, in ac-
cordance with the provisions of said act.
Yours respectfully,
Served , 19. . . ,
Truant Officer,
FORM No. 43.
Notice to truant officer of blind children not in attendance at State Scliool for
the Blind.
[See section 254.]
, Michigan, , 19 ...
Truant Officer of County (village, city or township) :
SIR You are hereby notified that the following named children under your
jurisdiction, between the ages of seven and nineteen years, and who by reason
of defective eyesight are unabje to receive instruction in the public schools, are
not in attendance at the Michigan School for the Blind. Under authority of Act
No. 116 of the Public Acts of 1907, you are hereby requested to investigate these
cases and report to the Superintendent of the School for the Blind at Lansing
at the earliest possible date the facts in regard to these children.
NAME OF CHILD.
NAME OF PARENT.
ADDRESS.
DISTRICT, TOWNSHIP OR CITY.
Very respectfully,
County Commissioner of Schools or Superintendent of School for the Blind.
APPENDIX.
195
FORM No. 44.
Notice to truant officer to proceed, against the parent.
[See section 254,.]
, Michigan,
., 19.
Truant Officer of county, city or township:
SIR You are hereby notified that the following named children between the
ages of seven and nineteen years are not in attendance at the State School for
the Blind in accordance with the provisions of Act No. 116 of the Public Acts
of 1907, and you are hereby directed to proceed against the parent or guardian
of such children under the provisions of Act No. 200 of the Public Acts of 1905
as amended.
NAME OF CHILD.
NAME OF PARENT.
ADDRESS.
DISTRICT, TOWNSHIP OR CITY.
Very respectfully,
Superintendent of School for the Blind.
INDEX.
INDEX.
The references are to compiler's sections. -
A.
ACADEMIES AND INCORPORATED EDUCATIONAL INSTITUTIONS:
with whom to file certain reports 164
ACCEPTANCE OF OFFICE:
neglect to file, vacates office 48
certain, filed with and recorded by director 51, 121, 216
penalty for failure of district officer to file 140
ACCOUNTS :
director to keep, of expenses 67, 122
of members of board of school examiners, with whom filed ? 180
ACTION :
against school districts, how brought, etc 95-101
relative to obtaining schoolhouse site 102-116
certain, to be commenced by president township board of education 197
ADJOURNMENTS :
of district meetings 46
of proceedings to obtain schoolhouse site 112
ADMISSION OF PUPILS:
resident 64
non-resident '. 65
to high schools 122
to agricultural college 154
to" kindergarten 157
to normal school 280
AGE :
at which children may attend school 64, 157, 214
at which education is compulsory 239
AGENTS FOR SCHOOL BOOKS, ETC.:
officers, teachers, etc., not to act as 146, 181
AGRICULTURAL COLLEGE COURSE:
who to prepare, for district schools 154
AGRICULTURAL SCHOOL :
admission of pupils to freshman class of 154
duties of secretary of 154
examinations for admission to 184, 185
AGRICULTURE :
state commission on elementary, and industrial education 363-366
AGRICULTURE. COUNTY SCHOOLS OF:
(See county schools of agriculture.)
ALIENS :
not eligible to office 50
ALTERATION :
in boundaries of districts 34-37
of schoolhouse sites 102
in boundaries of graded school districts 123
of boundaries of township school districts 229
ANNUAL ELECTION:
of trustees in cities of 4th class 359
ANNUAL MEETING:
(See district meetings.)
ANNULMENT OF CERTIFICATES:
by state board of education , 166, 278, 279, 287
by county board of school examiners 178
APPARATUS :
tax may be voted for purchase of 46
APPEAL :
how made from decision of township board 117-119
APPENDAGES TO SCHOOLHOUSE :
cax may be voted to provide
to be provided by director 67
000 INDEX.
The references are to compiler's sections.
APPOINTMENT :
deputy superintendent, of public instruction -i
of building committee, for schoolhouse site
duties of .
clerk of district meeting in director's absence -b. -J <
district officers in case of vacancy *
person to take school census --
district trustees in case of vacancy i- 1 . ~i*
member of board of school examiners in case of vacancy
county commissioner of schools in case of vacancy
conductor of teachers' institute
of truant officers -
APPORTIONMENT : _
of primary school interest fund -"-'_'
of property on division of district d, d, --j^
by township clerk of moneys to districts
of moneys raised by taxes ^
township treasurer's "duties relative to
on division of districts, of moneys.' 84, 22.)
of one-mill tax >
division of district, of tax assessed before and collected after 4
in fractional districts, of moneys collected p<
of library moneys .- lo4 ' le
APPRAISAL :
of school property, when township board of education to .make
ASSESSMENT OF TAXES :
(See taxes.)
ASSESSOR:
(See treasurer).
ASSOCIATIONS FOR ESTABLISHING LOAN FUNDS :
number that may incorporate . . '.
articles of association, what to contain
classification of members
funds of, how used :
election of officers, when held
ASSOCIATIONS :
teachers may form
ATTACHMENT :
to enforce attendance at certain proceedings
AUDITOR GENERAL:
when, to reimburse district maintaining county normal training classes 335
B.
BALLOT :
election of officers to be by 47. 91 . 122, 21 5
form of, for election relative to organization of township district
form of, at district election for bonding
form of. used at special election to decide question of rural high schools 317-
BARROOM :
children not permitted in 2.">9
BILLIARDS :
children not permitted where, are played. . 259
BLANK FORMS:
for school proceedings, see appendix.
BLIND CHILDREN:
compulsory education of 2.13. 254
transportation of indigent, or parents of
truant officer to investigate and report 254
BLIND, MICHIGAN SCHOOL FOR THE :
(See Michigan school for the blind.)
BOARD OF APPEALS:
who to constitute, in appeals from township board. . 117
BOARD OF EDUCATION:
to report taxes voted 5<>
to make annual census 08
when to make triplicate reports to superintendent of public ins.! met ion '. . . . 73
to apply for jury in suit to obtain sites " 1<>3
in graded school districts, election and powers and duties of 120-122
to have charge of library 1 2ti
report of, relative to libraries 133-134
may sell library books 138
township, powers and privileges '.'.'* 180.197
secretary, relative to books, etc., of district ... is)
who to constitute, term of office, etc 191
when to meet, officers, etc .' . 195
when, may borrow money ' 197
president of, duties 198
treasurer of, duties . . '. . 200
when to present estimate of money needed.... .... 201
statement of, relative to schools .... 204
powers of. relative to text-books ....... 205
not to act as agents of publishers. . 209
INDEX. 201
The references .are to compiler's sections.
BOARD OF EDUCATION Continued.
authority of, to change city districts 230
to certify amount to be raised for schools in city districts. ......
when may appoint t ruant officers 24.">
to furnish superintendent with census list ' l>4(>
qualifications of certain teachers, may hire li'2~>
to vote tax for payment of tuition and transportation of eighth grade pupils! ! 325)
when may select member of county normal board 332
to estimate cost of maintaining county normal training classes.!!.!!!.!!.!!!! 833
when county clerk to draw order in favor of, for county normal training classes.! 330
when, may establish day schools for the deaf 348
in cities of fourth class, of whom to consist, election, etc 359-362
(See state board of education.)
BOARD OF INSPECTORS:
at election to vote on issuance of bonds, who to constitute.. 01
BOARD OF INSTRUCTION:
of slate normal school, may grant certificates ^s ;<)
BOARD OF LIBRARY COMMISSIONERS:
(See state board of library commissioners.)
BOARD OF SCHOOL EXAMINERS:
(See county board of school examiners.)
BOARD OF SUPERVISORS:
to fill vacancy in office of county commissioner of schools 382
to vote on establishment of county normal training classes '. 331
amount to appropriate for :;:>.->
appropriation of money by, county schools of agriculture, manual training and
domestic science 338
to elect members of county school board 339
BOARD OF TRUSTEES :
of graded school districts, election and term of office of 120
officers of, how elected, etc 121
vacancy in office of, how tilled 121
powers and duties of 122, 161
consent of, to be obtained in alteration of district 123
financial statement of district to be published by 161
penalty for neglect of duties 162
in cities, proceedings in changing boundaries of districts 230
of city districts, proceedings relative to change in 230
may establish day schools for the deaf 348-353
of rural high schools, when and how elected 318
torn' of office 318
meetings of, when held 319
special, how called 319
powers of 319
salary and duties of secretary of 320
BOARDS :
authorized to examine teachers, to collect fees 234
BONDS
of treasurer, by whom approved and where filed 72
two-thirds vote required to raise money and issue, in school districts. 91
limitations as to amount and time to run 91
tax may be voted to redeem 93
how may be paid 94
liability of county treasurer on 109
on appeal from decision of township board 118
of treasurer of board of education in graded school districts , 121
county commissioner of schools to file 173
of treasurer of township school district 200
when township school district may issue 201
treasurer of township board of education to give 217
amount of, of treasurer of state board of education
of contractor to secure payment of sub-contractor 354
recovery to be had on 357
exemption of school, from taxation 368
BQOKS :
who to adopt, for rural high schools 319
(See record books, library books and text books.)
BOUNDARIES :
notice of formation of school district to contain 28
when township board may alter, of school districts
who to cause map made showing, of school districts 74
where filed 74
consent of trustees necessary to change, of graded school districts
procedure on change of, of township school district 229
BUILDING COMMITTEE:
voters may appoint, for schoolhouse and prescribe duties 46
BUREAU OF INFORMATION :
establishment of, in office of superintendent of public instruction
202
INDEX.
The references are to compiler's sections.
C.
CARDS :
children not permitted where, are played ..................................... 251
CENSUS OF SCHOOL DISTRICTS :
when and how taken .................. / ............................. . . 68, 197, 221
penalty for false information to enumerators of ............................... 69
when enumerators of guilty of misdemeanor .................................. 69
list of, to be furnished teachers ............................................. 246
list of blind children ...................................................... 254
CENTRAL MICHIGAN NORMAL SCHOOL:
act to establish ........................................................... 291 293
certain department to be maintained at ...................................... 301
CERTIFICATE :
district board to deliver to township clerk, of taxes to be assessed .............. 56
of instruction in physiology when filed by teacher ............................. 61
copy of, to be filed by director with township clerk .......................... 61
to supervisor, of taxes to be assessed for school purposes .................... 74, 81, 222
of court in proceedings to obtain site, what to contain ......................... 107
when certain teachers, to be filed with commissioner of schools ................ 290
who may be granted, as kindergarten, music, drawing teacher .................. 324
CERTIFICATES OF GRADUATION:
from county normal training classes, who to grant. . . .-. ....................... 333
CERTIFICATES OF QUALIFICATION TO TEACHERS:
non-possession of, makes contract invalid ..................................... 59
regents of university may grant certain ...................................... ] 65
when board of school examiners may renew, without examinations .............. 170
how must be signed ...................................................... 176
different grades of ......................................................... 177
requisite qualifications to obtain ............................................ 177
when, may be suspended or revoked ................................ 178, 278, 279, 287
list of teachers having, to be furnished township clerk ........................ 179
record of, to be kept by county commissioner of schools ........................ 179
fee to be paid on obtaining ................................................ 234
when granted to pupils of normal school. .' ................................... 278
state board of education may issue .......................................... 287
to issue, in normal schools ................................................ 301
of county normal training classes, what to qualify ............................ 334
how may be renewed ................................ 334
CHAIRMAN :
duties of, first meeting of district ........................... . ................ 28
of district meeting to give oath to challenged voter ............................ 44
may arrest disorderly persons ............................................. 45
may be appointed in absence of moderator .................................. 46
penalty for neglect of, of first meeting of district to perform duties.. 139
CHALLENGE :
of voter at district meetings ................................................ 44, 1 93
of juror in proceedings to obtain site ........................ 106
CHARITABLE INSTITUTIONS :
constitutional provisions relative to ...... 17
CHILDREN :
when census list of school, to be taken ....................................... 68, 221
compulsory education of .................................................. . . 244-249
duties of police officers relative to certain ............................... '..... 245-249
not permitted in saloons, gambling houses, etc ........................ 259
employment of ................................................. 200
how admitted to rural high schools ....................... '.'. ..... 319
(See pupils.)
CHII'PEWA COUNTY:
proviso as to election of county commissioner in.. 173
CIRCUIT COURT COMMISSIONER:
to be member of board of appeals ............ ............................... 117
CITIES :
when census in, to be compiled ............................ 68
certain, exempt from provisions of township district act*. T. 190
proceedings when, become part of township district.. 190
act relative to boundaries of school districts in ____ ?30-23'}
of fourth class, to constitute single district ....... t. 358
~ T board O f education in, election, etc ............ 359
CLERK :
director to be, of district ................ 67
who to be, of district board of education 217
trustees of rural high schools ' ' !!!!!!'.!! 1 '.!'.! 1 !!'.!!! sis
4
' ' '
relative to the, of school taxes.. 7887
of judgments against districts . ' 07101
of fines for injuring library books. . " ' 120
of penalties ...................... ; ; -
nf 1 ft 2ff e f 8 f ? r n l re ^ rtin an <* assessing ttett.
nf
of
144
f . .. . . . . .. . .....
institute fees from teachers . . 234
INDEX. 203
The references are to compiler's sections.
COLLEGE OF MINES :
entitled to report of superintendent of public instruction ....................... 313
COMMISSIONER OF SCHOOLS :
persons desiring to teach to file certificate with ............................... 290
COMMUNICABLE DISEASES :
methods of prevention of, to be taught in schools .............................. 159-160
COMPENSATION :
of officers of school district ............................................. 55, 122, 228
teachers, how paid, etc ................................................. 59, 122, 221
for taking census .........................................................
for schoolhouse site determined by jury .................................... ... 107
in proceedings to obtain site, of officers and jury ..............................
county board of school examiners, of members .................................
of county commissioner of schools ............................................
of school officers in attending county meeting ................................. 187
of officers in township school districts ........................................
of members of township board of education ...................................
of truant officers ..........................................................
state board of education, of members ......................................... 286
COMPULSORY EDUCATION :
school boards may furnish books in certain cases ..............................
children exempted .......................................................... 244
age for, of children ........................................................ 244
length of time to be sent to school ........................................... 244
penalty for failure to comply with law ........................................ 246
establishment of ungraded schools .......................................... 248
when certain children to be sent to ........................................ 249
who considered truants under act ............................................ 249, 255
when children to be sent to reformatory institutions .......................... 256
CONCERT SALOONS :
children not permitted in ................................................... 259
CONDUCTOR :
who to be, of teachers' institutes. . . ........ --. ............................... ^o7
CONSTITUTIONAL PROVISIONS :
relative to primary school interest fund ....................................... ' 1-2
relative to officers of, and maintenance of educational institutions ............... 3-17
CONTRACTOR :
bond required of, to secure payment of sub-contractor .......................... o3S
59,199,122,221
officers not to be interested in, with districts ..................................
for furnishing free text-books in township districts ............................ 205
CORPORATE POWERS:
of organized school districts .................................................
of teachers' associations ................................................... ~J*jj
of state board of education ..................................................
of associations for establishing loan funds .................................... <W rf
COUNTY BOARD OF SCHOOL EXAMINERS:
election and term of office of ................................................ j? ~
vacancies in, how filled .................................................... 17 ^ I<*K
schedule of meetings for special examinations to be published ................... 1TO
may hold special meetings .................................................. |g
meetings of, for examination of teachers ........................... ........... !&
to whom may grant certificates .............................................. l *?
grades of certificates issued by ................................ .............. * JJ
may suspend or revoke certificates ........................................... f '
compensation of members of ................................................ *~
when officers in certain districts may examine teachers ......................... 1;'*
what schools exempt from supervision of .....................................
(See county commissioner of schools.)
COUNTY CLERK : Qft
to receive and dispose of communications of state superintendent ................
apportionment of moneys, duties of, relative to ........................... *>
duties of. relative to reports ............................................. 89 142 ' ff/
duties in proceedings to obtain site .......................................... 11U *"
election of school examiners, duties of, relative to ............................ f-'j?
duties of, relative to election of county commissioner of schools ................ <s
to draw order on county treasury for institute moneys ................. ....... ~Y
duties of, relative to distribution of laws, etc ................................. <* 14 > j^g
when to draw order for county normal training classes ........................ aac
COUNTY COMMISSIONER OF SCHOOLS: 20
may be removed for lack of qualifications ............... ;
to send blanks and list of qualified teachers to township clerk and board of educa-
tion
73
triplicate reports of township clerk made to '*
to be member of board of appeals -_2
when and how elected > ~<*
to file bond and acceptance of office ^
term of office 70
election of, in Chippewa and Lake counties
204 INDEX.
The references are to compiler's sections.
COUNTY COMMISSIONER OF SCHOOLS Continued.
who eligible to office of
to hold certain examinations 175
to prepare schedule for examinations 175
may renew certificates
certificates to be signed by .-
may grant special certificates 1 77
powers and duties of 175)
to keep record of examinations " 170
to counsel with teachers 179
what annual reports, to receive
to receive institute fees 170
to receive instructions from superintendent of public instruction 170
who, to furnish list of teachers 170
duties relative to visiting schools 170
compensation of 180
expenses audited by board of supervisors 180
not to act as agent for school books, etc 181
vacancy in office of, how filled 182
duties of, relative to examination of candidates for agricultural college 184. 1x5
to call meeting of school officers of county 186-188
annual report of township school districts to be made to 100
to furnish truant officer with list of teachers 247
duties of, relative to distribution of laws, etc 314, 315
librarians to make annual report to 327
to whom, to transmit lists of libraries 328
to be member of county normal board :>:'>:>
duty of, as to funds for county normal training classes . 336
to be member of county school board 341
COUNTY INSTITUTES:
. (See teachers' institutes.)
COUNTY NORMAL BOARD:
how constituted, duties, etc 332, 333
may renew certificates 334
COUNTY NORMAL FUND :
how constituted, etc 335
COUNTY NORMAL TRAINING CLASSES :
how established, managed, maintained, etc . . 350-356
COUNTY SCHOOL BOARDS:
establishment of n.'io
organization of 340
apportionment of expenses 341
treasurer of 34-^
COUNTY SCHOOLS OF AGRICULTURE :
establishment of 338-347
apportionment of expenses of 341
instruction given in 343
COUNTY SCHOOLS OF DOMESTIC ECONOMY :
establishment of 338 347
COUNTY SCHOOLS OF MANUAL TRAINING :
establishment of 338 347
COUNTY TREASURER:
statements of apportionment filed with *. 80. 135
to apply to state treasurer for certain moneys '.)<>
township moneys to be paid township treasurer by oo
to whom, to give notice of apportionment of school moneys 00
liability of, on bond 100
money for schoolhouse site deposited with ' 100, 114
apportionment of library moneys to be made by 136
to set apart institute fees as institute fund ; 235
teachers' institute fund to be paid by, on order of clerk 238
vouchers for payment at teachers' institutes to be filed with 241
when county clerk to draw order on, for county normal training classes.. 336
ex-officio treasurer of county school board :U ->
COURSE OF STUDY :
superintendent of public instruction to prepare and print
who to prescribe for schools 61, 122
agricultural college, to be prescribed for district schools 154
state board of education to prescribe for normal schools ... 301
who may prepare and publish certain 313
who to provide for rural high schools 310
by whom approved 319
for county normal training classes .
CRIMES AND OFFENSES:
(See penalty.)
DAMAGES :
who to prescribe penalty for, to library books 129
DANCE ( HOUSES f - r m ertain officers for neglect of duties. . 144
children not permitted in 251
INDEX. 205
The references are to compiler's sections.
DAY SCHOOLS FOR THE DEAF:
shall be established 348-353
to report to superintendent of public instruction , 349
duties of state treasurer in regard to 350-351
system to be used in 352
who may attend 353
DEAF CHILDREN :
compulsory education of 250-252
DEED :
for schoolhouse site to be obtained before building 54
DELINQUENT CHILDREN :
punishment of persons responsible for 258
DELIVERY OF BOOKS. ETC., TO SUCCESSOR IN OFFICE :
by superintendent of public instruction 26
by district officers ; 67, 72
DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION:
appointment and duties of 21
DIPLOMAS:
of graduates of state normal school 278, 270, 301
DIRECTOR :
notice of first meeting to be recorded by 28
to keep records relative to organization of district < 3i'
to be notified of alterations of district 37
appointment of clerk in absence of 40
election and term of office of 47, 121, 215
appointment of. in case of vacancy 49
acceptance of office of, where and by whom filed 51, 121
to be member of district board 52
register of school to be furnished to 59
to have custody of schoolhouse. etc 60
to file certificate of instruction in physiology with township clerk 61
to draw and sign warrants, orders, etc 67
to give notice of meetings 67
account of expenses to be kept by 67
schoolhouse to be kept in repair by 67
to provide appendages for schoolhouse 67
to present estimates at annual meetings 67
accounts of, how kept, audited, etc 67, 122
to be clerk of district 67, 217
census list to be filed with township clerk by 68
annual school census to be taken by <!S
reports of, to be filed with township clerk 70
of fractional district, to whom to report. . 71
and moderator to approve bond of treasurer
to be notified of apportionment of school moneys 77
and moderator to certify payments to supervisor 80
at election to issue bonds, to be member of board of inspectors 91
and moderator to execute bonds of district 92
treasurer to certify to, judgment against district 98
to be notified of site fixed by township board 102
penalty for neglect to accept office or perform duties
may be removed by towYiship board : 145
to attend meeting of county school officers .187
compensation 187
to furnish teachers with census list 246
DISORDERLY PERSONS:
to be taken into custody , . . . 45
juvenile, who to coEstitute 249, 255
DISTRICT BOARD:
to call meetings of district 41
school to be provided by
how, may determine certain matters, when meetings fail 46, 222
election and term of office of 47, 120, 215
vacancy in, what to occasion 48
how filled 49, 121, 218
who eligible to office on 50
acceptance of office by members 51, 121, 216
who to constitute 52, 120, 215
certain books, blanks, etc., to be purchased by 53
when may sell certain property of district
site for schoolhouse to be leased or purchased by 54, 221
to estimate amount for support of schools 55
when may borrow money on strength of voted tax 55
to report taxes to be assessed 56
moneys to be applied by, according to law 57
not to pay money to unqualified teachers
to make statement of finances at annual meeting 58, 225
teachers to be hired by . . ' 59, 122
to provide for water supply
when to exclude public meetings from schoolhouse 60
206
INDEX.
The references are to compiler's sections.
DISTRICT BOARD Continued.
to have care of schoolhouse and property
to provide for instruction in physiology
to prescribe text-books and courses of study
to purchase books for indigent pupils
may suspend or expel disorderly pupils
to establish rules, etc., for school 63, 221
to classify pupils 64, 122
may admit non-resident pupils to school
ra tes of tuition for, how fixed 65
director to be clerk of 67, 217
to appoint persons to take school census 08, Jtil
when to provide for deposit of moneys 72
to estimate amount necessary for sites and buildings
when may issue bonds
to apply for jury in suit to obtain site
to be trustees in graded school districts 120-123
district library to be managed by 132, 221
report of, relative to libraries 133-134
may donate or sell books to township library
kindergarten to be provided by 155-158
financial statement of the district to be published by
United States flag to be provided by
to be trustees in township school districts
qualifications of certain teachers, may hire 325
duties of, as to teachers, etc., for county normal training classes,. 335
when day schools for deaf may be provided by 348 353
(See district officers.)
DISTRICT LIBRARIES:
(See libraries.)
DISTRICT MEETINGS:
notice of, on formation of new district 28 214
when annual, to be held 40, 217
when special, may be called
notice of, to indicate the business ' 41
notice of. what to specify 41,42
who eligible voters at 43
relative to challenging voters at 44
penalty for disorderly conduct at 45
to give directions regarding suits 46
to direct sale of property 46
powers of annual , 46, 1 22
when clerk and chairman may be appointed at 46, 217
what board to determine in case of failure of certain 46, 222
limit of taxes that may be voted at 46, 222
officers to be elected at 47, 120, 215
to fill vacancy in district office 49
board to make financial statement to annual 58
to determine uses of schoolhouse 60
moderator to preside at 66
director to give notice of . 67
may vote on issuance of bonds 91
may vote tax to pay money borrowed 93
voters at, may designate site. . 102
DISTRICT OFFICERS:
election and term of office of 47, 120, 2 1 5
when may be appointed 49. 121, 217
who eligible to election as 50
acceptance of office of 51. ] 21 . 2 1 1>
amount of tax for service of 55
penalty for neglect to accept office or perform duties 140
may be removed by township board 1 45
payment for services of township. . . ., L'OK
compensation of 228
(See treasurer, director, moderator and district board V
DISTRICT SCHOOLS :
(See schools.)
DOG TAX:
apportionment of surplus 27 ->
DOMESTIC ECONOMY, COUNTY SCHOOLS OF : '
establishment of 338-347
appropriation for . . 333
instruction given in .
DRAWING TEACHERS:
act to define qualifications of , 324 326
EDUCATION :
constitutional provisions relative to . 1-17
EIGHTH GRADE:
payment of tuition and transportation of, pupils ..329-330
INDEX. 207
The references are to compiler's sections.
ELECTION :
who legal voters at, in school district 43
when, of district officers held 47, 121, 215
who eligible to, in school district > . . . . 50
regulations at, to vote on issuance of bonds 91
of members of county board of school examiners 172
of county commissioner in Chippewa, when held, etc 173
township school district, how conducted, etc 192
special, for bonding, ballots, etc 201
city districts, election of officers by joint boards 23O
for submitting question of rural high schools, where held 317
form of ballot used at 317
submitting question of establishment of schools of agriculture, etc 338
of school trustees In cities of fourth class 359-362
ELECTORS :
who are qualified
may discontinue school and send pupils to another district 4<J
when, may vote to organize township school district. 189
township school district, qualification of 191, 201
when, may appeal from action in formation of 213
when question of rural high school submitted to 310
ELIGIBILITY TO OFFICE :
in school districts 50
EMPLOYMENT:
of teachers 5J, 122, 156, 221
of persons to take school census * 68
of officers, etc " 122
of children 260
ENGLISH LANGUAGE :
instruction to be conducted in 11
ENUMERATION OF CHILDREN :
(See census.)
ENUMERATOR. CENSUS :
duty of, data required 68
when, guilty of misdemeanor 69
ESCHEATED ESTATES :
application of interest from sale of 14
ESTIMATES :
of amounts to be raised by tax 55, 67, 221
EVIDENCE :
of organization of district
in proceedings to obtain site
of regularity in proceedings to remove officers. 145
EXAMINATION :
of proposed site by jury *P7
meetings for, of teachers 1'
of teachers by county board of examiners 175, 176, 184
questions for. of teachers
of reports by county commissioner
of teachers by officers in certain districts
of applicants for admission to agricultural college Io4, 18>
fees to be collected from teachers for f&*
of teachers by state board of education
of applicants for state certificates 28
EXAMINERS :
may be removed for lack of qualifications o 20
of teachers to collect fees -JJ3
to pay same to county treasurer 2oa
(See county board of schoo.l examiners.)
EXECUTION :
not to issue against school district '
EXPENSES:
incidental, estimated by board gjjj
estimates of. to be presented at annual meeting 67, ~2n
of commissioners limited
teachers' institutes, how paid
state institute, how paid
vouchers for, of teachers' institute, where filed - 41
F.
1^ "p 1 TT Q
to be paid by teacher on obtaining certificate ~
disposition of, collected by director and secretary *o
FEMALES : ._
may vote at school district meetings
eligible to district offices
FINES: 1A
how applied for breach of penal laws *?
for disturbing district meeting
for disturbing school
208 INDEX "
FINES Continued.
The references are to compiler's sections.
on census enumerator for making false returns
i ^1^ l n <F^ti*mn f tnn i f\ ff*r>ftnS3 PHI! 171 OrfLr.Or . ......"
121)
giving""faise information to census enumerator
for damages to library books
apportionment of. for breach of penal laws
(See penalties. )
FLAGS :
who to purchase I". S., for schools
FORM OF OATH :
of challenged voter
FORMS, BLANK:
(See appendix.)
FOURTH CLASS CITIES:
to constitute single school district
board of education in. of whom to consist, elections, etc >.>.)
FRACTIONAL DISTRICTS :
(See school districts; also township board.)
FREE SCHOOLS :
to be provided 1 1 , - n
FREE TEXT-BOOKS :
' (See text-books.)
FUNDS :
educational
library
teachers' institute
of associations for establishing loan
for "maintaining day schools for the deaf >"><)
G.
GAMBLING :
children not permitted in rooms used for 2.>!>
GENERAL FUND:
taxes for incidentals, deficiencies, etc., accounted for under r>.>
GRADED SCHOOL DISTRICTS:
annual meeting of
organized prior to 1907, act to govern
notice of intention to organize : 120-1!
election and term of office of trustees of 120,
officers of, to be elected by trustees
credit of school tax on tuition of non-resident pupil
powers and duties of trustees 121,
not limited to nine sections of land.
24
21
_>0
23
consent of trustees to be obtained to alteration of boundaries
two or more contiguous districts may organize
change of, to primary district 1 2.~>
publication of financial statement of
proceedings when, becomes part of township district 100
(See school districts.)
GRADES OF CERTIFICATES:
of teachers 177
GRADING :
of pupils not prevented in any district
in graded school districts 122
HIGH SCHOOLS:
may be established in certain districts 122.
act to establish rural 316-32:',
providing for payment of tuition and transportation to, of certain pupils 329-330
(See graded school districts.)
I.
INCIDENTAL EXPENSES :
estimated by district board ">.">
INDEBTEDNESS :
of districts 5H
(See bonds.)
INDIANS : *
when children of, not included in census. . 08
INDUSTRIAL EDUCATION :
state commission on. etc . . 363-360
INSTRUCTION :"
to he conducted in the English language.. 11
INSURANCE MONEYS :
how used ">86
INTEREST :
apportionment of. on state funds 13. 23
on bonds limited <>j
tax may be voted to pay . . . '.'.' 93
on judgment against district 101
on moneys lost by certain officers 141-142
INDEX. 209
The references are to compiler's sections.
J.
JOINT MEETINGS:
of township boards 30. 117, 220
relative to township school districts 100
,iri)GE OF PROBATE :
to participate in tilling vacancy on board of examiners 172
JUDGMENTS:
assessment of taxes for payment of X2
and suits against school districts, sections relative to 1)5-101
execution not to issue on 1)7
when rendered in proceedings to obtain site 108
JURY:
board may apply for. in proceedings to obtain site 103 107
JUSTICES OF PEACE:
to hear cases under compulsory education act 247
proviso, as to cit ies 247
JUVENILE DISORDERLY PERSONS :
penalty for failure of parent or guardian to send, to school 246
proceedings against parents of, for neglect of duty 247
to be sent to ungraded schools 248, 24!)
who deemed, or truants 249, 253
K.
KINDERGARTEN :
duty of (list rict board relative to 15.")
qualifications of, teachers 156, 324-326
children entitled to attend 157
act to apply to other schools 158
L.
LABOR :
act to secure pavme'it to sub-contractors for 354-357
LAKE COUNTY:
election of county commissioner of schools in 173
LAND:
limit of tax on, for building schoolhouse
when not taxed for > . 46
proceedings to obtain, for schoolhouse site 103-116
LAWS. DOCUMENTS, ETC.:
rules and regulations for libraries, course of study, who to print and distribute..
duty of commissioners and county clerk in distributing .' . . .314, 315
LEASE :
for schoolhouse site, who to secure, length of, etc
duration of, of land for schoolhouse 1^7
LIABILITIES:
.of township clerk for neglect to report
of county clerk
of supervisor in regard to district taxes
debts and when assumed by township district
of parent or guardian for failure to send child to school
(See penalties.)
LIBRARIAN :
township, when and by whom appointed, duties, etc
LIBRARIES: '
establishment of, constitutional provisions relative to 1
rules for, by whom made - L > |'~j*
maintenance of, in township or city J**
township board may dispose of, or plan merger of, into free public 12<)
provisions relative 'to ioa of?
books for township, by whom purchased "<*> --1
care of, etc., who to have
librarian of township, by whom appointed, duties, etc i>u
where kept Jg
when school district may establish *
township clerk to report statistics of *
funds for, when forfeited
superintendent of public instruction to furnish statement of townships, etc., en-
titled to i9K Jsl
apportionment of ld ' i
tax for support of, how levied, collected, etc **'
district board may sell or donate, books to township |c
school officers not to act as agents for, books :
librarians to report to school commissioner
327
to whom to transmit list
328
LIBRARY BOOKS: .,00
sale of
LIBRARY COMMISSIONERS :
(See state board of library commissioners.)
27
210 INDEX.
The references are to compiler's sections.
LIBRARY MONEY:
when district to forfeit
superintendent of public instruction to forward statement of
apportionment of 136
LIFE CERTIFICATES :
authority, revocation and filing of 1GG
LIQUORS :
minor children not permitted where, are sold 259
M.
MANUAL TRAINING, COUNTY SCHOOLS OF:
appropriation for
instruction given in , 343
admission of pupils 345
MAPS :
of tewnships. showing boundaries of districts, by whom made, where filed, etc.... 74
filing of, showing change of boundaries in city districts 230
MATERIAL :
act to insure payment of sub-contractors for 354-3") 7
MEETINGS :
joint, of township boards of several townships 30, 220
when schoolhouse used for public fin
of township boards, in cases of appeal 1 17, 111*
for examination of teachers, when and where held , 175, 170
township school districts, of township board for organization of 189
annual in, notice, etc 192, 190
of board of education in 195.
of board of education 217
of board of trustees of rural high schools, when held, etc 319
(See district meetings.)
MEMBERS :
of district board, who to constitute 52
number of, of board of trustees in graded school districts 120, 215
term of office 120
of board of county school examiners, by whom appointed, etc 172
MICHIGAN EMPLOYMENT INSTITUTION FOR THE BLIND:
transfer of pupils from Michigan school for blind to 253
MICHIGAN SCHOOL FOR THE BLIND:
compulsory education of blind children at 253, 254
MICHIGAN SCHOOL FOR THE DEAF:
compulsory education of deaf children at 250, 251
MISDEMEANOR :
when census enumerator guilty of a 09
officers, teachers, etc.. interested as agent for publishers deemed a 14<>
when parents deemed guilty of a 240
MODERATOR :
to give oath to challenged voter 44
chairman at district meetings 46, 217
election of, term of office, etc . . ? -. 47
appointment of, to fill vacancy 49
acceptance of office, where filed 51
to be member of district board 52
treasurer and, to audit and pay accounts of director 00
and director to approve bond of treasurer 7-
penalty for neglect to perform duties 140
may be removed by township board t 145
(See district board.)
MONEYS :
primary school fund, what to constitute 1,2
when withheld from certain districts 11
apportionment of, by superintendent of public instruction 23-25
of primary school interest fund 76, 90
of districts, when dividing, how apportioned 38, 39, 229
districts entitled to receive primary school interest fund 40
entitled to receive certain : 46, 79
when board may borrow, on strength of voted tax 55
primary school interest fund, to be used only for teachers' wages 5~
sectarian schools barred from public 5
district board to apply school, according to law 5.
to make report of, at annual meeting 58, 22,
orders for certain, by whom drawn and signed
disposition of, collected on bond of treasurer 72
district board to provide for deposit of 72
apportionment of, to districts by township clerk . .76, 77, 222
raised for school, tax, how apportioned 77
duties of township treasurer relative to collecting school ..... . . . .72, 78, 8?
relative to paying 85, 87, 221
INDEX. 211
The references are to compiler's sections.
MONEYS Continued.
accrued from one-mill tax. how used 79
paid by old districts to new, how applied 80
school, to be paid next to township expanses 85
payment of, to fractional districts 87
county treasurers to apply for, appropriated 90
to notify township clerk, etc 90
limitations as to districts borrowing , 91
when, for site deposited with county treasurer 109, 114
library, when forfeited 134
proviso as to non-forfeiture 134
statement of townships to receive, where filed, etc 135
apportionment of 136
how used 136
apportionment of, collected on account of neglect of officers 143
officers illegally using, to be removed 145
township school district, amount of, estimate for schoolhouse. 197
custody of, where deposited, etc 200
when certain, to become township school money 207
who to app.ly for, appropriated for primary schools and libraries 221
public, definition of 264
to be kept separate from other funds 265
how used 266
interest on, what to constitute 267
public officer not to receive consideration for depositing 268
penalty for illegal payment of , 271
disposition of insurance . 280
boards of trustees of rural high schools may borrow 319
(See taxes.)
MONTH, SCHOOL:
of what to consist ' 59
MUSIC TEACHER:
act to define qualifications of 324-326
N.
NEGLECT :
penalty for, of taxable inhabitant to serve and return notice 139
of district officers to perform duties 140. 162
liability of township clerk for, to report, etc 141
1 of county clerk for not transmitting reports 142
of supervisor and township clerk in regard to taxes. . > 144
of parent or guardian to send child to school a misdemeanor 246
NON-RESIDENT:
when may be attached to district 36
admission of, pupils, tuition, etc 65
tuition of, pupils 122
credit of school tax on tuition of, pupils, 122
NORMAL SCHOOLS :
state board of education to prescribe courses of stud}', grant diplomas, etc., in.... 301
(See state normal school.)
NORMAL SCHOOL FUND:
origin of 284
who to have care of 285
NORMAL TRAINING CLASSES :
act to establish 331-337
(See county normal training classes.)
NORTHERN STATE NORMAL SCHOOL :
act to establish 295-297
NOTICE :
superintendent of public instruction to give, of apportionment of primary school
fund 23, 135
duty of taxable inhabitant on receipt of, of formation of district 28
of first meeting in new district 28, 214
by township clerk when new district fails to organize
of meeting of township board to form fractional districts ,
to alter boundaries
of special meetings of district board, when and how given 41
of district meetings, to be given by director 42, 67
of township clerk to supervisors of school taxes 75, 222
who to give, to directors of moneys to be appropriated
of apportionment of moneys to districts, to whom given 77
of supervisor arid treasurer of taxes assessed 81-83
treasurer to give, of money in his possession 86, 224
county treasurer to give, of moneys apportioned
of meeting of district to borrow money
In proceedings to obtain site, how given
of meeting to organize as graded school district
of township board of proceedings to remove officer 145
212
INDEX.
The references are to compiler's sections.
NOTICE Continued.
teachers' examinations, how given ...........................................
to teachers of intention to revoke certificate ................................... 17$
township school district, of election for organization of ........................
of annual meeting in . ................................................... 102
relative to changing boundaries in city districts ............................... 2 MO
to parent or guardian of non-attendance of child at school, by whom given ........ 240 247
teachers' associations, of formation of, how given ............................. 201
subcontractor to give written, what to state, etc .............................. 355
O.
OATH:
deputy superintendent of public instruction to take ............................
tendered to 'challenged voter at district meetings. ............................. 44, 15)3
to be taken as to correctness of census list ....................................
of juror in proceedings to obtain site ........................................ 107
of office, members of board of school examiners to take ........................ 172, 17M
OFFICE :
acceptance of, to be filed ................................................ ~,2, 1 21 . 21
term of. of board of school examiners ........................................ 172
OFFICERS:
having charge of records to furnish facilities for examination ................... f>3
ONE-MILL TAX:
disposition of surplus ...................................................... 55
assessment, collection and disposition of ...................................... 70
(See taxes.)
ORAL METHOD:
to be taught in day schools for deaf ......................................... 352
ORDERS :
on treasurer to be countersigned by moderator ................................. GO
to be drawn and signed by director ........................................ 07
of township clerk on treasury for library moneys .............................. 128. 221
(See warrants; also moneys).
ORGANIZATION :
formation, etc., of new districts ............................................. 27-M2
of graded school district .............................................. 120-1 ->5
of township school districts in upper peninsula ....................... ! 214 220
(See school, districts; also township board.)
PARENTS AND GUARDIANS:
entitled to vote at district meetings ................... 43
required to send children to school ....................................... i_>4-4
duties of truant officers relative to ........ ..... 4G
liability for not sending .................. . ->4r;
proceedings against ........ > 47
PENALTIES AND FORFEITURES :
not maintaining five months' school ..... , ............. 11
district for not maintaining certain length of school.. " 4(] 70 1
census enumerators for making false returns ........ GO
s-iving false information to census enumerator ....... '. GO
damages to library books .................... !>>()
taxable inhabitant for neglect of duties In formation* of district! '. lii!)
istrict officers neglect to accept office or perform duties.. 140 ^10
township clerk, for neglect in transmitting reports
county clerk, for not transmitting reports ____ 14->
moneys collected for, how applied ............
supervisor and clerk's neglect regarding taxes.'
neglect to teach prevention of diseases ...... 100
.strict officers, for not publishing financial statement '.'.'.'. 102
not purchasing IT. S. flag ............
parent or guardian not sending children to 'school!! 246
relative to school attendance by blind children
relative to persons responsible for delinquency of children" ^'-,S
for allowing children to remain in saloons, etc
pFRjuRY^ yment of pnblic monevs ......... ____ !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 271
what deemed .-.. .
PERMIT :
PHYSIOLOGY"- employment of children ..................................... 260
. dangerous diseases ............................ 15
to be taught in all public schools.. r ,
to Climply ' '* '" : :::::::::::::::::::
apprOTed ' et= - :::::.:: ::::::::::::::: :.- 1. 2)8
to be kept when voting on -issuance of bonds
INDEX. 213
The references are to compiler's sections.
POOR CHILDREN :
to be furnished with text-books 62
PRIMARY SCHOOLS :
(See schools.)
PRIMARY SCHOOL INTEREST FUND :
constitutional provisions respecting 1, 11
live months' school to be maintained to secure 11
apportionment of 23
proceedings in case of defective returns of 24
when deficiency may be apportioned 25
time school to be maintained to secure 46
to be accounted for under "Teachers' wages fund" 55
to be used only for teachers' wages 57
duty of township clerk in distributing 73
how apportioned to districts 76, 217
county clerk's duties relative to 80
comity t rensurer's duties relative to 90
PROCEEDINGS :
against school districts 95-101
to obtain schoolhouse site / 102-110
in case of incumb ranees
upon appeal from action of township board 117-119
for removal of officers 145
PROPERTY :
when township board may sell district
to be apportioned on division of district 38 39
when sale of district, may be directed by voters. . . 46
care and preservation of district 60 122
disposition of. in forming township districts
to be apportioned on division of township
of teachers' associations 262
PUBLIC BUILDINGS :
act insuring payment of subcontractors in repairing, etc 354
PUBLICATION:
of financial statement by school board 161
PUBLIC LIBRARIES :
(See libraries.)
PUPILS :
when may be suspended or expelled
who may be 64
classification of '. 64, 122
admission of, to schools 64, 65, 122, 157
1 uition of non-resident 65, 197
in graded school districts, promotion of, in
township school district, rate of tuition to non-resident 197
admission of, to normal school
providing for payment of tuition and transportation of eighth grade 329-330
Q.
QUALIFICATIONS:
of voters at district meetings
QUESTIONS:
of examination for teachers 1 ' (
R.
REAL ESTATE :
board of trustees of rural high schools may hold 319
UECOK1>:
director to keep, of proceedings ' 28. (>7
director's, to be evidence of organization of district
who to keep, of acceptances of office
who to provide, books for proceedings of district meetings
officers having charge of, to furnish facilities for examination ^ j>3
of report of taxes to annual meeting 5, -!.>
teacher to keep, of pupils gjj
of moneys to be kept by district treasurer <-
to be kept of consent of trustees in alteration of graded school district 1^
of certificates granted to teachers, who to keep
who to keep, of examinations held by board of school examiners. . . l<*
REGENTS : _
of the university, how elected, etc D 'i
may errant certain certificates
REGISTER : ra
of school to be kept by teacher
REGULATIONS: 991
for government of schools * ~f
at elections to vote on issuance of bonds " .*J*
for government, etc., of libraries *
214
INDEX.
The references are to compiler's sections.
REMOVAL :
of certain officers by governor
from district to vacate office
of schoolhouse from leased site
of officers in graded school district
of officers by township board 145
REPAIRS :
(See schoolhouses.)
REPORT:
superintendent of public instruction to make annual, to governor
district board to make, at annual meeting 58, 225
directors to make annual
of director, where filed 70, 73
to whom made in fractional districts
township clerk to make triplicate
board of education to make triplicate
township clerk to make certain, to treasurer and director 77
supervisor to, taxes assessed to township treasurer
township clerk's duties relative to
of township clerk and board of education relative to libraries 133-134
liability of officers for failure to make 141-14:
to whom academies, etc., to make
county commissioner of schools to make 179
'township school district, annual, what to contain, etc 199
of school moneys received, when made, etc 200
state board of education to make, to legislature
publication, etc., of, 'of superintendent of public instruction 313-315
board of trustees of rural high schools to make certain
board maintaining day schools for deaf to make 348
RESIDENTS :
notified of first meeting in school district
qualifications of, to vote at district meetings. . . *
rights of, to attend school 64
exceptions of, in school census 68
REVOCATION OP TEACHERS' CERTIFICATE :
by board of school examiners 178
by state board of education 278, 279, 287
RULES :
(See regulations.)
RURAL HIGH SCHOOLS:
an act to establish 316-323
when question of, submitted to electors 31 P.
board of trustees of, when and how elected 318
term of office 318
duties 319
S.
SALE OF PROPERTY:
when, made by township board 38
to be directed by district 46
when made by district board 54
SALOON :
children not permitted in, gambling houses, etc 2fv9
SALT SPRING LANDS:
interest on proceeds from, application of 15
SCHOLARS :
(See pupils.)
SCHOOL :
to be free 11,214
to be maintained at least five months 11
when, may be discontinued in a district 46
time necessary to be maintained 46, 221
who to fix minimum length of time of 46, 221
who to estimate and vote taxes for support of 55, 222
not to be sectarian 57
register of, to be kept by teachers 59
district board to prescribe text-books for 61
pupils may b-e suspended or expelled from. ... 63
penalty for disturbing 63
district board to establish regulations for...... 63,221
resident pupils admitted to 64
not to be separated on account of race . 64
statistics of. to be reported by director 64
may be graded : ...... 64. 122
admission of non-resident pupils to .65^ 197
visitation and examination of ... 179
children of certain ages required to attend 244
when ungraded, to be established 248
children attending, not permitted in saloons, etc 259
training, in connection with state normal . . 277
INDEX. 215
The references are to compiler's sections.
SCHOOL Continued.
persons desiring to teach, with whom to file certificate 290
who to publish course of study, etc., for certain 313
act to establish rural high 316-323
board of trustees of rural high, to visit 319
in cities of fourth class, board of education, etc . . 358-359
SCHOOL APPARATUS:
provision for . 46
SCHOOL BOARD :
(See district board.)
SCHOOL BOOKS :
(See text-books.)
SCHOOL CENSUS :
when and how taken 68
SCHOOL DISTRICTS :
of what composed 27
to be numbered 27
formation of 27-32
formation of fractional 30
when deemed legally organized 31
when may be dissolved 31
corporate powers of . . : 33
name and style of 33
when consent of taxpayers to be obtained to alteration in 35
when persons outside may be attached 30
alterations to be reported to director 37
division of property in forming new, from old 38
meetings of, when hold, etc 40-46, 21 7
may borrow money on strength of voted tax 5,1
who. to make annual report of .' 58, 225
who to appear in suits for or against 72
map showing boundaries to be made . 74
moneys to be apportioned to 76, 77
when moneys paid by old, to new 80
levy and collection of taxes in fractional 81
may borrow money for sites and buildings 91
to pay indebtedness 94
may vote to pay money borrowed ' 94
suits and judgments against 95-101
judgments against fractional 100
appeal from action of township board 117-119
what districts may organize as graded 120, 124
organization of, etc., graded 120-125
change of, from primary to graded , 125
officers of, when to deliver books, etc., to township board of education 189
township school districts, organization of 190
township organization of 214-229
change of boundaries of city 230-233
who to provide course of study, etc., for , 313
providing for transportation of certain pupils in 329-330
officers of, to require bond to insure payment of subcontractors
cities of fourth class, to constitute single 358
board of education, election, etc 359
SCHOOL EXAMINERS :
(See county board of school examiners.)
SCHOOLIIOUSES :
when certain persons not liable to tax for building
not needed may be sold 38, 46, 54
building committee may be appointed
district to vote tax for appendages to
district to direct the procuring of, sale of
when land not to be taxed for building
tax for repairing, limited
repairs to, who to make, etc
site for, to be purchased or leased 46, 54, 221
tax for building, limited 46, 222
board to procure 54, 221
district board to have care of, etc ,
when open or closed for public meetings
director to provide appendages to
limitation of indebtedness to build
bonds may be issued to build 91
sale of tax homestead lands for sites 367
SCHOOL MONEYS:
(See moneys.)
SCHOOL MONTH :
of what to consist
SCHOOL OFFICERS :
not to be interested in any contract with district
county commissioner to call meeting of, of county 186-188
21G INDEX.
The references are to compiler's sections.
officers having charge of, to furnish facilities for examination 5.';
SCHOOL YEAR:
when to commence, length of J ' . 40, 4->
SCHOOLS FOR DEAF:
act establishing day 348-3u3
SECTARIAN SCHOOLS:
not to receive public moneys 5<
SHERIFF :
to remove respondent from school property
SINGLE SCHOOL DISTRICT :
organization of township into
SITES FOR SCHOOLHOUSES :
when not needed may be sold :> >8, ~> 4
notice of meeting to change
voters to direct procuring of -
lease or purchase of 4(>, 54, 22 1
issuance of bonds for purchase of
how designated
to be selected by a two-thirds vote
proceedings to obtain 102-116
compensation for, how determined in certain cases V 107
claims against, settled by circuit judge
township board of education may purchase, etc
sale of tax homestead lands for .'1*>7
SPECIAL MEETINGS:
(See district meetings.)
STATE BOARD OF AGRICULTURE :
election of, powers and duties
may grant teachers' certificates 10'.)
STATE BOARD OF EDUCATION :
election of, term of office, etc 8.18
to grant certificates to graduates of colleges
may refuse to accept certain diplomas
to be a body politic
powers and duties of -7.".
regarding state normal school 27.~>. 28:;
members of, not to act as agent 27t
to grant diplomas to graduates of state normal school 278. '27',}
to make report to legislature
to grant state certificates to teachers -87
persons desiring to teach, with whom to tile certificates approved by 200
powers and duties regarding central Michigan normal school :MH-20.'
powers and duties regarding northern state normal school , 205-207
to procure site for western state normal school. 200
to have control, etc., of .">oo
to prescribe courses of study, grant diplomas, etc., in normal schools 301
STATE BOARD OF HEALTH :
to approve text-books regarding communicable diseases 1.10
STATE BOARD OF LIBRARY COMMISSIONERS:
duties of 303, 31
appointment and term of office of. 3oo
who to constitute .'500
vacancies in, how tilled 30'.)
reports of, to whom made, etc 310
appropriation for 312
STATE CERTIFICATES :
to be granted to graduates of certain colleges 1 (><>
when granted to graduates of state normal school 278. 270
when granted by state board of education 287
STATE INSTITUTIONS :
maintenance of : 12
certain to.be under supervision of superintendent of public instruction 20
STATE LANDS :
interest from sale of. application of 13
STATE NORMAL SCHOOL :
professional instruction in 275
training school in -ill
diplomas and certificates to graduates of 278, 279
an act to change the name of . 204
STATE TEACHERS' INSTITUTE :
to be held annually 240
expenses of, how paid .... 240
STATE TREASURER :
payment of transportation of indigent deaf children 251
of indigent blind children 254
to reimburse district maintaining dav school for deaf.. 350
STUDENT :
minor child who is, not permitted in saloon, etc.. 250
STUDIES :
to be prescribed , 61
INDEX. 21'
The references are to compiler's sections.
SUBCONTRACTORS :
act insuring payment of 354-357
SUITS:
may be brought for or against district 33
treasurer to appear for district in 72
on treasurer's !>ond 72
when moderator may appear in, for district '. . . . 72
jurisdiction of justices in 95
and judgments against district 95-101
summons in. served on treasurer 00
not brought to collect judgment 97
(Sec actions, judgments and proceedings.)
SUPERINTENDENT OF COUNTY SCHOOLS OF AGRICULTURE, ETC. :
who eligible as 347
SUPERINTENDENT OF PUBLIC INSTRUCTION :
constitutional provisions relative to , 4
election and term of office of. " 19
to have general supervision of public instruction. 20
make annual reports to legislature 20
visit state institutions, etc . . 20
may request removal of county commissioner of schools 20
appoint a deputy 21
to prepare and print general course of study 22
to prepare rules for management of libraries 22
duties relative to apportionment of primary school moneys 23, 25
to deliver books, etc., to successor 26
when board of education to make triplicate reports to 73
reports to. relative to libraries 133-134
to forward statement of library money to districts 135
incorporated academies to report to 164
forms of teachers' certificates to be prepared by 176
questions for examinations of teachers to be prepared by 176
to send examination questions to examining officers 176
prescribe form of rules for boards of school examiners 177
to appoint assistant conductor of institutes 179
to assist county commissioner at county meeting of school officers 188
when, may remove school trustee from office. 211
appeals to, in actions relative to school districts 213
annual county teachers' institutes to be held by 236
may appoint conductors of teachers' institutes 237
when, may draw on state treasurer for aid to teachers' institutes 239
expenses for state institutes, how drawn by 240
establishment of bureau of information in office of 242
may prepare certain courses of study, etc 313
who to distribute report of .^13
to prescribe forms for publication and distribution of report 313-315
to approve course of study for rural high schools 319
board of trustees of rural high schools to make certain report to 319
may grant kindergarten, drawing, etc., certificates 324-325
when may grant permission to establish county normal training classes 331
to be member of county normal board
to prescribe form of certificate of graduation from county normal training classes.
to have general supervision of county schools of agriculture, etc 347
duty of, relative to establishment of day schools for deaf 348-353
report of commission on industrial education to be made to 365
SUPERINTENDENT OF SCHOOLS:
powers and duties of, in graded school districts
in township districts, by whom employed 107
when president of board of education, to perform duties of 198
duly of, as to truants 24f>
permit of. for employment of children 260
SUPERVISORS :
map of township to be filed with , 74
township clerk to certify taxes to 75, 222
to assess school taxes 78, 222
to assess one-mill tax 79
equalization of taxes by ,
certifying and levying taxes in fractional districts by , 81
to deliver warrant for collection of taxes to township treasurer
to assess judgment against school district 101
liability for not assessing taxes 144
(See taxes.)
SURETY BONDS :
payment of premium on 46. ?83
treasurer may furnish 1 21 . 2X3
SFRPLUS OF DOG TAX:
how apportioned 273
SUSPENSION:
of pupils from school
of teachers' certificates 178
28
218 INDEX.
The references are to compiler's sections.
T.
TAXABLE INHABITANTS :
duties in relation to formation of district
penalty for neglect of duty
TAXATION :
constitutional provisions relative to
exemption of school bonds from 308
TAXES :
how surplus of one-mill, may -be applied
non-taxpayers not to vote on question involving
for repairs to schoolhouse
for building schoolhouse or purchasing site
for apparatus, etc., for schoolhouse
limit of, for certain purposes < 4G, 222
amount of, for services of district officers 55
for incidental expenses
limit of, for support of school
estimated and reported by district board 55, 222
report of, by board to township clerk
money raised by, not to be diverted 57
for books for indigent children
assessed on division of district 75
when reported to supervisor 75, 222
apportionment of when collected
failing to be assessed, to be levied the next year 78
supervisor to assess 78,79, 222
assessment of 78, 79. 80
duties of township treasurer relative to collection of 78, 82
assessment, collection and disposition of
in township before any school is maintained 79
on old district for new 80
certifying of, in fractional districts
equalization of 81
warrant for collection of
apportionment of, when district is divided 84, 229
for school purposes to be paid next to township expenses
when township treasurer to pay out certain 87, 224
may be raised to pay borrowed money
judgments against districts
when credited on tuition of non-resident pupils
for support of libraries
liability of supervisor for not assessing
township school district, report of
amount of, how determined, etc 201
school, to be kept in separate column on assessment roll 202
school, to be in separate column : 223
apportionment of surplus dog 272
board of education to vote, for payment of tuition, etc., of eighth grade pupils. . . . 329
TAX HOMESTEAD LANDS:
sale of, for sites for schoolhouses 367
TEACHERS :
public moneys not to be paid to, not holding certificates 57
to keep school register 59
to be furnished with copy of contract 59
contracts with 59, 122, 221
employment of 59, 122, 221
to file certificate of instruction in physiology, etc., with director 61
districts employing unqualified, deprived of primary money 73
not to act as agent for school books, etc 146
qualifications of 156
to give instruction regarding prevention of communicable diseases 159
who to give, certificates to graduates of certain colleges 166-168
examination of, by county board of school examiners 175-176
certificates given to, by county board of school examiners 176
grades of, certificates 177
revocation or suspension of certificates 178, 278, 279, 287
records of, certificates to be kept 179
list of, to be furnished township clerk 179
in township school districts, by whom hired, contract, etc. . 197
fees, to pay on obtaining certificates 234
may close school to attend institutes 237
registration of, desiring employment 242
duty of, as to truants 246
certificates given to certain pupils of state normal school 278-279
state board of education to grant certain certificates 287
examination of, by state board of education 287
with whom to file certain certificates 290
who to appoint, for rural high schools 319
act to define qualifications of certain . . 324-326
how qualified by certificates of county normal training classes 334
how provided for 335
employment of, in day schools for deaf 352
INDEX. 219
The references are to compiler's sections.
TEACHERS' ASSOCIATIONS :
formation and incorporation of . . 257-27-9
TEACHERS' INSTITUTES :
funds for support of, how raised 234-235
annual, to be held in each county 236
counties may be united in 236
teachers may close school to attend 237
conductor of, may be appointed 237
expenses of, how paid ~ 238
state treasurer to aid 239
state, to be held annually 240
expenses of, how paid 240
expense vouchers for, where filed 241
who may publish outlines for 313
TEACHERS' WAGES FUND:
primary money to be accounted for under 55
in township school district, tax for 197
TERM OF OFFICE :
of state officers 4-9, 18-19
district officers 47, 120, 215
members of board of school examiners 172
board of trustees of rural high schools 318
of trustees in cities of fourth class 359
TEXT-BOOKS :
by whom prescribed 61
on physiology, etc., by whom approved. . . . 61, 159, 288
to be furnished to indigent children 62
district board to purchase, when authorized 148-149
when to be property of district 149
when proposals for. advertised 150
who to make contract for furnishing 150
who to estimate amount necessary to purchase 151
when district board to purchase 152, 159
penalty for failure of district board to comply with law 153
in township school districts, board of education to select 197
when question of free, submitted to voters 205
TOWNSHIP BOARD:
may divide township into school districts 27
school districts to be numbered by 27
may alter boundaries of districts 27, 35
clerk of, to notify taxable inhabitant of formation of district 28
duties of, in forming fractional districts 30
notice and number of meetings 34, 219
may attach certain non-residents to districts 36
clerk of, to notify directors of alteration in districts 37
to determine tax on division of district 38
to apportion property on division of district 38, 39, 229
when may appoint district officers 48, 49, 121
when may sell schoolhouse site 56
director to report to 70
records of, where kept 73
library money subject to order of 85, 221
on determining site, to certify to directors 102
when to determine schoolhouse site 102, 221
appeal from action of 117-119
restricted in altering boundaries of graded school districts 124
may dispose of library or merge into free public library 126
duties of. concerning libraries 126-138
to purchase books for township library 128, 221
to apply for library moneys 128, 221
to have care of township library 129
examination of reports of, by county commissioner of schools 179
township school district, meeting of, relative to organization 189
when to divide property between fractional districts
city districts, boundaries, authority to change
when may submit question of rural high schools
may order election of trustees of rural high schools 318
TOWNSHIP CLERK:
notice of formation of new district to be given by 28, 29, 214
to give notice of meeting of township board
to notify director of alteration in district 37
director to make annual report to
to receive and dispose of communications
to make triplicate reports of school districts, etc
to perform services required by superintendent of public instruction
duty of, in distribution of primary money 73
duties of 73, 217
records, reports, books, etc., to be kept on file by 73, 225
map of township to be filed by, with supervisor
to report taxes to 'supervisor 75, 219
220 INDEX.
The references are to compiler's sections.
TOWNSHIP CLERK Continued.
to apportion moneys to district '.'"}, ' -il
to give notice to director of moneys apportioned ^7
to apportion one-mill tax
duty of, in appeals from township board
to represent township in legal action relative to libraries
report of, to superintendent of public instruction relative to libraries 133-lc
liability for neglect in transmitting reports
liability for not reporting taxes to supervisor
order for removal of officers to be recorded by
list of teachers to be furnished to 179, 225
township school district, duty relative to organization of 189-191, 194
boundaries of city districts, map showing change in, filed with
to draw books for township officers
to be clerk of board of trustees of rural high schools
tax for payment of tuition and transportation of pupils to be reported to 330
TOWNSHIP DISTRICT :
organization of 214-229
officers of, board
time and place of meeting of, board 217, 219
board, duties of
amount of tax voted for
report of, board
disposition of property
compensation of, board
division of 229
TOWNSHIP SCHOOL DISTRICT:
board of education to have charge of library in
relative to organization of
trustees in, election of
when, altered by annexation to another township
when electors aggrieved by formation of - 213
TOWNSHIP TREASURER :
warrants on, by whom signed GO, 67
to apply to county treasurer for moneys
to give notice of moneys to township clerk 86, 87
to draw warrant for collection of taxes 90, 91
dude's relative to taxes in fractional districts 91, 95
to pay school taxes next to township expenses
to hold moneys subject to proper orders and warrants 93, 22
library moneys to be paid by, to inspectors '. 128, 217, 221
to recover penalties, etc., from certain officers 141, 143
in township school districts, duty of 203
to be treasurer of board of trustees of rural high schools 318
TRAINING CLASSES:
(See county normal training* classes.)
TRAINING SCHOOL:
in connection with state normal school 277
TRANSPORTATION :
providing for, of eighth grade pupils 46, 329
TREASURER OF DISTRICT :
acceptance of office 51, 121
to be member of district board 52
when and how, may be removed
and moderator to audit director's accounts 67
to make certain report to district board 72
to pay orders legally drawn, from proper fund
bond required of 72
deposit of moneys by 72
to appear for district in suits 72
money paid to, from old district 76
summons to be served on, in suits against district 96
to certify judgment against district to supervisor 98-100
penalty for neglecting duties 140
may collect damages from certain officers 144
of board of education in township school districts, duties, etc 200, 208
(See district board, and moneys.)
TRUANTS :
to be tried by justice or recorder 247, 256
ungraded schools to be provided for 248
who deemed 249. 255
when sent to reformatory institutions. . 256
TRUANT OFFICERS:
how appointed 245
compensation of 245
to enforce compulsory education laws 24<>
duty of, to examine into cases of truancy 246-247
to warn truants and their parents or guardians 246
to make complaint in truancy cases 247
to enforce act relative to education of blind children.. 254
INDEX. 221
The references are to compiler's sections.
TRUSTEES :
(See board of trustees.)
TUITION :
payment of. when pupils attend school in another district 46
of non-resident pupils 65, 122
may be charged for studies in high schools ] 22
in township school districts, of non-resident pupils 197
payment of, of eighth grade pupils 329-330
U.
UNGRADED SCHOOLS:
may be established in graded school districts 248
juvenile disorderly persons to be sent to 249
UNION SCHOOL DISTRICT:
(See graded school district.)
UNITED STATES FLAG: *
purchase of 103
UNIVERSITY :
constitutional provisions relative to 5-7, 12
regents of, may grant certain certificates 165
UPPER PENINSULA:
appointment of truant officers in 245
V.
VACANCY :
how filled in district offices 48-49
in board of trustees of graded school district 121
how filled in board of school examiners 172
in office of county commissioner of schools 182
township school districts, in office of trustee 197
in board of trustees of township school district 218
in board of library commissioners 309
(See appointment.)
VARIKTY THEATRES:
children not permitted in, etc 259
VENIRE :
in proceedings to obtain site 104, 106
VISITATION :
and examination of schools." 179, 221
VOTERS :
who are qualified 43, 191
challenge of 44
powers of , 46, 91
qualifications of, in cities of fourth class . .* 361
(See* district meetings.)
VOUCHERS :
for expenditures for treasurer 72
for payments at teachers' institutes 241
W.
WARRANTS :
on state treasurer for primary school interest fund 23
on township treasurer 66, 67, 85, 217
to township treasurer for collection of taxes 82-83
for money used in township school districts, who to draw, etc 199
WATER SUPPLY:
district to vote amount of money for 55
district board to furnish 60
WESTERN STATE NORMAL SCHOOL: '
act to establish 298-300
certain department to be maintained at 301
WITNESSES :
in proceedings to obtain site 107
summoning of, in cases where teacher is accused. . 178
WOMEN :
qualified as voters at district meeting 43, 191
eligible to election as district officers 50, 191
Y.
YEAR, SCHOOL :
when to commence . 40
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