UC-NRLF VISION OF 1915 STATE OF MICHIGAN GENERAL SCHOOL LAWS ->.-r-i7- s-\ WITH AN APPENDIX OF BLANK FORMS COMPILED UNDER THE SUPERVISION OF COLEMAN C. VAUGHAN SECRETARY OF STATE BY AUTHORITY LANSING, MICHIGAN 1VYNKOOP HALLENBBCK CRAWFORD CO., STATE PRINTERS 1915. GIFT OF REVISION OF 1915 STATE OF MICHIGAN GENERAL SCHOOL LAWS WITH AN APPENDIX OF BLANK FORMS c. 4 ,o- \\\3 COMPILED UNDER THE SUPERVISION OF COLEMAN C. VAUGHAN SECRETARY OF STATE BY AUTHORITY LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE 1915. 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 boards 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 139-146 Boards of education for certain cities 147-149 Division of, or changing of boundaries of primary school districts 150-151 Division of city school districts into election precincts 152-169 Miscellaneous provisions relative to education in the schools Free text books 170-175 Regulation of sale of textbooks 176-186 System of humane education 187-189 Kindergarten method 190-193 Qualifications of kindergarten, music and drawing teachers 194-196 Teaching of dangerous communicable diseases 197-198 Fire drills in public schools 199 Publication of the proceedings of annual school meetings 200-201 Purchase and display of United States flag 202 Designating days to be observed as holidays in the public schools 203-204 Returns from incorporated institutions 205 State teachers' certificates 206-212 County commissioners and school examiners 213-224 Examination of candidates for admission to agricultural college 225-226 Meeting of school officers of county 227-229 Township school districts 230-254 Township school districts in upper peninsula 255-270 Boundaries of school districts in cities 271-274 381337 CONTENTS. Sections. Teachers' "institutes- 276-282 Bureau of information in office of superintendent of public instruction. . 283-284 Compulsory education 285-290 Compulsory education of deaf children 291-293 Compulsory education of blind children 294-295 Care and instruction of blind babies 296-300 Miscellaneous offenses Crime and truancy Delinquency of children.. 301-304 Protection of children 305 Employment of children 306 Fraternities, sororities, etc., among public school pupils, abolished 307-309 Teachers' associations 310-312 Retirement fund for teachers 313-326 State accounts Safe keeping of public moneys 327-334 Apportionment of dog tax 335 State board of education 336-353 State normal schools 354-363 Providing for physical training in state normal schools and certain city districts ' 364 Granting of diplomas by state board of education in connection with state normal schools 365 Loan funds for students 366-372 State library commissions 373-376 Free public libraries '. 377-378 Publication and distribution of laws and public documents 379-383 Rural Mgh schools 384-391 Annual reports by librarians 392-393 Payment of tuition of eighth grade pupils 394-397 Payment of tuition outside of district 398 Children of indigent parents, attendance at school provided for 399-402 County normal training classes 403-409 School districts empowered to establish trade, etc., schools and accept gifts, etc 410-411 Acquisition of lands outside district limits for trade schools, athletic fields, etc 412 County schools of agriculture, manual training, etc 413-422 Encouragement of improved methods of farm management Legislative assent to grant of moneys from U. S 424-425 Day schools for the deaf 426-431 Payment of subcontractors . . . . 432-435 Cities of the fourth class School districts, and board of education 436-441 Sale of tax homestead lands for school sites 442 Approval of plans for school buildings 443-445 School bonds 446-448 Fire protection in the schools Establishment, etc., of highway to school building 450 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 are 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 th,e 182nd Mich, report. The character / is used in cases, to avoid the repetition of Mich. GENERAL 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 arid other educational funds in the order herein named, after which the sur- plus 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. Under the sections of the constitution providing for uniformity of taxation and conferring power on the legislature to levy a state tax, etc., on cash valuation of property (Art. 10, 2, 3, 7), the state may authorize the review of valuations and assessments by the board of state tax commissioners. Attorney General v. Board of Supervisors of Midland County, 178 / 513. 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. It was the intent of the constitution to separate the school organization from the general municipal government. Though municipal corporations, organized for the same purposes, with like powers and duties, cannot exist in the same territory, those having different pur- poses, rights and duties, may, and often do, occupy the same territory. Attorney General v. Thompson, 168 / 511. The language of this section is from the ordinance of 1787. The re- assertion of this doctrine after the lapse of more than a century and a quarter, coupled with the fact that legislation in this state upon the subject of education has from the beginning been of the most liberal character, indicates a settled purpose on the part of the state to provide, foster and protect educational facilities for all. Dennis v. Wrigley, 175 / 621, 625. 6 STATE OP MICHIGAN. (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 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) SEC. 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 mem- bers 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 know r n 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. Under this provision the board of regents has independent control of the affairs of the university. Regents v. Auditor General, 167 / 444. Neither the legislature, nor any officer or board of this state, may interfere with the control and management of the affairs and property of the university, although in making appropriations for its support the legislature may attach any conditions it may deem expedient and wise, and the appropriation cannot be received without complying with the conditions. Agler v. Mich. Agricultural College, 181 / 559. (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 nor- mal 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 etc - fifth and fifteenth days of July 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 township clerks made to him for the school year closing in July of the preceding year, and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the auditor gen- eral, who shall thereupon draw his warrant upon the state Warrant for, treasurer in favor of the treasurer of each county for the how drawn - amount payable to each county. He shall also send written Notice to county clerks. 14 STATE OF MICHIGAN. notices to the clerks of the several counties of the amount in the aggregate to be disbursed in their respective counties, and the amount payable to the townships and cities therein re- spectively. The primary school interest fund payable under the law now existing shall be apportioned and paid between the first and tenth days of November, nineteen hundred Proviso. eleven : Provided, That, if any deficiency shall be caused in the teachers' wages fund in any school district by the changing of the date of the apportionment of the primary school interest fund by the superintendent of public instruc- tion, the school board or board of education of said district shall have authority first to borrow on the warrant of the district a sum sufficient to meet such deficiency or, second, to borrow and issue bonds of the school district for the sum of such deficiency for a period not to exceed five years. Am. 1905, Act 72 ; 1911, Act 217. Where the superintendent of public instruction directed the payment of the apportionment of funds to one of the four districts of the township, the direc- tion for payment of the funds followed the same into the hands of the town- ship treasurer, and no other or further apportionment was necessary or could be made by the township clerk, who was powerless to alter or modify the action of the superintendent of public instruction. Moiles v. Watson, 60 / 415. The assessor of the district, to whom the money was paid, being assessor de facto, the question of whether or not he was also assessor de jure could not. be raised in this case. Id. It has from the beginning been the policy of this state to maintain its primary schools for the education of children within school age, and to that end it has always caused to be set aside certain revenues, which, by statute are apportioned to the several counties according to the number of children residing in each county within the age limit, "as the same shall appear by the reports of the several school boards or school inspectors made" for that purpose. Muskegon Public Schools v. Wright, 176/6, 12. Proceedings (24) 4643. SEC. 5. Whenever the returns from any defective county, township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, township, city, or district shall be so far defective as to render it impracticable to ascertain the share of primary school interest 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 apportionment accordingly. whendefi- (25.) 4644. SEC. 6. Whenever any county, township, apportioS be ci ty> 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 instruc- tion, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall appor- tion such deficiency in his next apportionment; and when- ever it shall appear to the satisfaction of said superintendent than any district has had three months' school, but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school in- terest fund, in his discretion. GENERAL SCHOOL LAWS. 15 (26) 4645. SEC. 7. The superintendent of public in- other Duties struction shall perform such other duties as are or shall be tend etc - 5 34 STATE OF MICHIGAN. Grading not prevented. District boards may admit non- resident pupils. Children who are a county charge to be admitted. 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 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. But children, not bona fide residents of a family In a school district but inmates in an institution of a charitable nature in such district, engaged in supporting and educating homeless and needy minors, and which does not contribute by paying taxes to the maintenance of district schools, are not entitled to attend school in a district which has determined not to admit nonresident pupils. Lake Farm v. Dist. Bd. of Dist. No. 2, Kalamazoo Township, 179 / 171. (65) 4684. SEC. 19. The district board may admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same, which tuition shall not be greater than fifteen per cent more than the average cost per capita for the number of pupils of school age in the district. Children who are being cared for at county expense shall be admitted to the school in the district whose schoolhouse is nearest the county house, on the same terms that other non-resident pupils are admitted. When non-resident pupils, their parents or guardians, pay a school tax in said district, such pupils shall be admitted to the schools of the district, and the amount of such school tax shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference therein. 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. Duties. To preside. Countersign orders, etc. When to bring suit on treasur- er's bond. MODERATOR. (66) 4685. SEC. 20. It shall be the duty of the moder- ator of each school district: First, To preside, when present, at all meetings of the dis- trict and of the board; Second, To countersign all orders legally drawn by the director upon the treasurer for moneys to be disbursed by the district, and all warrants of the director upon the township treasurer for moneys raised for district purposes, or appor- tioned to the district by the township clerk; Third, To cause an action to be prosecuted in the name of the district on the treasurer's bond, in case of any breach of any condition thereof; Fourth, To perform such other duties as are or shall be by law required of the moderator. 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 GENERAL, SCHOOL LAWS. 35 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. DIRECTOR. (67) 4686. SEC. 21. It shall be the duty of the direc--^irector, tor 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, TO record and the minutes of all meetings, orders, resolutions and other pro proceedings of the board in proper record books; Third, To give the prescribed notice of the annual district Notice of meeting, and of all such special meetings as he shall be m required to give notice of in accordance with the provisions of law; Fourth, To draw and sign warrants upon the township warrants , . , . , r and orders. 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 Teachers' directed by the district board, and present them to the other cc members of the board for further signature; Sixth, To provide the necessary appendages for the school- Appendages, house and keep the same in good condition and repair during the time school shall be taught therein. Necessary append- what 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 th J atus furnish the schoolhouse with such other apparatus as may be ai necessary for doing efficient work; Seventh, To keep an accurate account of all expenses in- TO keep curred by him as director, and such accounts shall be audited a( by the moderator and treasurer, and on their written order shall be paid out of any money provided for the purpose; Eighth, To present at each annual meeting an estimate of Estimate of the expenses necessary to be incurred during the ensuing expeE year by the director as provided by law, and for the payment of the services of any district officer; 36 STATE OP MICHIGAN. To preserve reports. 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 di- rector or to the district, when not otherwise provided for, and to deliver the same to his successor in office ; other duties. Tenth, To perform such other duties as are or shall be re- 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 tbe 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 school house in order and repair. Twp. Board of Hamtramck v. Holihan, 46 / 127. SEVENTH : Assumpsit will lie in favor of the director of a school 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. How and when taken. s^ooi census, ( 68 ) g 4687< g BC> 2 2. It shall be the duty of all school boards and boards of education in this state to make an annual school census in their respective districts or cities as is provided in this section : First, In all school districts, except in incorporated cities having a population of three thousand or over, within fifteen days next previous to the first day in June of each year, the director, or such other reputable and capable person or per- sons as the district board may appoint, shall take the school census of the district and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, w T hose parents or legal guardians reside therein, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the superintendent of public instruction may pre- scribe, and said list shall be verified by the oath or affirma- tion of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of. all the children between the ages aforesaid residing in the district. where made. Said affidavit may be made before the township clerk or other officer authorized by law to take acknowledgments; and said verified census list shall be returned with the annual report Affidavit. GENERAL SCHOOL LAWS. 37 of the director to the township clerk before the first Monday in August thereafter. The director, or other person employed Compensation. by the board of education, 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- tricts having a population of three thousand or over, within taken. twenty days next previous to the first day in June of each year, the secretary of the board of education, or other reputa- ble and capable person or persons employed by the board of education, shall take the school census of said 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 the person or persons taking such census made a house to house canvass of the entire ward or portion thereof can- vassed by said enumerator and that it is a correct list of the parents or legal guardians, their street and residence num- ber, the names and ages of all the children of the ages afore- said residing in the ward or part thereof as allotted to him; Third, In taking the census in any school district or city Children not the director or enumerators shall not include in the census ID 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 lo- cated, 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 included in any census, unless they at- tend the public schools, 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 mpiling over, the secretary of the board of education and the several enumerators shall, immediately after the first day in June of each year, compare, correct and compile the entire census. STATE OF MICHIGAN. Affidavit. When transmitted. Penalty for giving false information for school census. Report to tSrs^ih contain. 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 forth- with, and before the second Monday in July thereafter, trans- mit to the superintendent of public instruction the entire cen- sus, together with his affidavit and the affidavits of the sev- eral enumerators, and at the same time he shall transmit to said superintendent of public instruction the annual statisti- cal and financial report of said city or district. Am. 1903, Act 218 ; 1905, Act 36 ; 1911, Act 90. It was an improper exercise of the discretion of the superintendent of public instruction to reject from the list of names 91 school children, whose parents or guardians, as shown in the report of the secretary of the public schools, re- sided in the district, and it was unlawful to reject the names of five children who were orphans attending school in the city and living with relatives that stood in loco parentis. Muskegon Public Schools v. Wright, 176 / 6. (69) 4688. SEC. 22a, Any person who shall refuse to give any census enumerator of school children the neces- sary information for the compiling of a correct census or who shall 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 children, 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 misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be liable to a fine of not less than five dollars 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 end of the school year, and previous to the first Monday in August in each year, deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the township, showing: First, The whole number of children belonging to the dis- trict between the ages of five and twenty years, according to the census taken as aforesaid; Second, The number attending school during the year un- der 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, GENERAL, SCHOOL LAWS. 39 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. (71) 4690. SBC. 24. The director of each fractional where 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. (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, Treasurer to within ten days after his election or appointment, a bond file bon(L 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 ascertained, 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 furnish the bond of some surety company authorized to do business in this state. The premium on said surety Premium, bond if purchased 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 application of all moneys that shall come into his hands by virtue of his office. Said bond shall be filed' Filing and with the director, and none of the books or money of the a P proval - 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 town- ship treasury subject to the order of the district officers, and shall be applied to the same purposes as the moneys lost should have been applied by the treasurer: Provided, That Proviso, if the treasurer shall deposit the money in any bank or trust company authorized to do business in this state, such deposit shall be made in his name as treasurer of the dis- 40 STATE OF MICHIGAN. Proviso Duty of treasurer. trict, 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 : Provided, That no bank or depository shall receive a larger deposit of said funds than the amount of the bond as hereinafter provided, and in no event to exceed one hundred thousand dollars, and such bank or banks shall give good and sufficient bond to be approved by the district board conditioned for the receipt, safe-keeping and payment of all money which may come into its custody, in the amount designated as the penalty in the bond furnished by the district treasurer to the district. It shall be the duty of the treasurer of said district to see that a sum in excess of the amount of the bond is not deposited in such bank or banks, and said treasurer and his bondsmen shall be liable for only such loss occasioned by deposits in excess of the amount of such bond. The district board of each district shall determine by resolution the time for which such de posits shall be made, and all details for carrying into effect the authority herein given, but all such proceedings in con- nection with the deposit of such moneys shall be conducted in such a manner as to insure full publicity and shall be open proviso, when at all times to public inspection : Provided, That the elec- tors at the annual meeting may designate a depository or depositories in which the funds of the district shall be de- posited : Provided, however, That upon failure of the elec- tors at such annual meeting to designate such depository or depositories, the district board by a majority vote of the members thereof, may designate a depository or depositories in which the funds of the district shall be deposited. Upon designation of any depository or depositories in compliance with the provisions of this section, it shall be the duty of the treasurer to deposit all funds of the district therein, and in such proportion and manner as may be provided by said district board. Every such depository so named shall give such bond as the district board may require and approve for the safe-keeping and accounting of such funds, in which case the treasurer shall not be held liable for any neglect or de- fault by any such depository or depositories; 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 the district board at the close of the orders. Record kept. Annual report. school year a report in writing, containing a statement of all moneys received during the preceding year and each item of disbursements made, and exhibit the voucher therefor; GENERAL SCHOOL LAWS. 41 Fifth, To appear for and on behalf of the district in all suits. suits brought by or against the same when no other direc- tions shall be given by the qualified voters in the district meetings, except in suits in which he is interested adversely to the district, and in all such cases the moderator shall appear for such district if no other directions be given as aforesaid ; Sixth, At the close of his term of office to settle with the settlement, 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 remain- ing 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; 1911, Act 218; 1915, Act 40. 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 deposit the board's act so as to release sureties on the treasurer's bond. Board of Education of Detroit v. Andrews, 142 / 484. CHAPTER IV. TOWNSHIP CLERK. (73) 4698. SEC. 7. The township clerk shall receive Triplicate the annual reports of the school directors of his township, when* 3 ' and on the first Monday of August in each year he shall make triplicate reports setting forth the whole number of school make, etc. 42 STATE OF MICHIGAN. Copies, where filed. Proviso, in case of township district. districts 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 for- ward two copies of the same, together with two copies of each of the reports from school directors to the county com- missioner 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 superin- tendent of public instruction and dispose of the same in the manner directed by said superintendent: Provided, That in case the township 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 re- ports to the superintendent of public instruction, and in such cases this report shall take the place of the report above pro- vided for to be made by the township clerk, and the said board shall dispose of its reports in the same manner as is provided 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. Further proviso, legally qualified teachers. Primary money, when forfeited. Am. 1909, Act 29. Sections 1-6, inclusive, and section 8 were repealed by Act 29 of 1909. Map show- ing school districts. Copies, where filed. (74) 4700. SEC. 9. Each township clerk shall make or cause to be made a map of his township, showing by distinct 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 clerk in his office and one other copy he shall file with GENERAL SCHOOL LAWS. the supervisor of the township. If any division or alteration Alterations, is 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 afore- said showing 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 dutv of the town- cierkto i i j. i i .LI " / i e certify pro- ship clerk of each township, on or before the first day of posed school October in each year, to make and deliver to the supervisor taxes> of his township a certified copy of all statements on file in his office of moneys proposed to be raised by taxation in each of the several school districts of the township, if any, for school purposes, or to be raised by any township district, whole or fractional, for such purposes. In case such condi- J n 9 a . se * , , . division of tion shall arise, he shall certify to the supervisor the amount district. to be assessed upon the taxable property of any school dis- trict retaining the district schoolhouse or other property on the division of the district as the same shall have been de- termined 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 Apportion- county treasurer of the amount of school moneys appor- Shooi tioned to his township, the township clerk shall apportion mone y s - the same amount to the several districts therein, or to the whole or fractional township district entitled to the same, in accordance 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 secre- tary of the board of education for the preceding school year, and he shall file said statement from the superintendent of public instruction 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 school taxes, receiving notice of the amount from the township treasurer, all moneys raised by township tax, or received from other sources, for the support of schools ; and in all cases make statement to out and deliver to the township treasurer a written state- t?easure?. ment of the number of children in each district drawing money, and the amount apportioned to each district, and record the apportionment in his office; and whenever an a P' portionment of the primary school interest fund, or moneys raised by tax, or received from other sources, is made, he dTs?ricts d 44 STATE OF MICHIGAN. shall give notice of the amount to be received by each dis- trict to the director thereof. Assessment and collection of district taxes. Taxes not assessed at proper time. TOWNSHIP SUPERVISOR AND TREASURER. (78) 4704. SEC. 13. It shall be the duty of the super- visor of the township to assess the taxes voted by every school district in his township, and also all other taxes pro- vided for in this act, chargeable against such district or township, upon the taxable property of the district or town- ship respectively, and to place the same on the township as- sessment roll in the column for school taxes, and the same shall be collected and returned by the township treasurer in the same manner and for the same compensation as township taxes. If any taxes provided for by law for school purposes shall fail to be assessed at the proper time, the same shall be assessed in the 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. Assessment of one-mill tax. Proviso, when assess- ment not to be made. Moneys ap- portioned by town clerk. In townships where no districts are formed. (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: Provided, That before the supervisor shall assess said tax he shall examine the reports of the several school dis- tricts in his township for the preceding year and if said re- ports show, exclusive 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 any property not included in any organ- ized district, or in districts 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 maintain school, in the same manner as the primary school interest fund is now apportioned. All moneys accruing from the one-mill tax upon the property of any district in any township before said district shall have a legal school therein, shall belong to the district in which it GENERAL SCHOOL LAWS. 45 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 Deerfield v. Harper. 115 / 678. .(80) 4706. SEC. 15. The amount to be assessed upon men district , _. , is divided, the taxable property of any school district retaining the certain taxes schoolhouse or other property, on the division of a district, tc as the same shall have been determined by the inspectors, shall be assessed by the supervisor in the same manner as if the same had been authorized by a vote of such district; and the money so assessed shall be placed to the credit of the taxable property taken from the former district, and shall be in reduction of any tax imposed in the new district on said taxable property for school district purposes : Pro- Proviso. vided, That if the district retaining the school house shall vote to pay, and shall pay, before said taxes are assessed, any portion of said amount to the new district, said amount, as shall be certified by the moderator and director of the new district to the supervisor, shall be deducted from the amount to be assessed as provided in this section. When HOW such collected, such amount shall be paid over to the treasurer of applied be the new district, to be 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. Sch. Dist. v. Sch. Dist., 40/551. (81) 4707. SEC. 16. The full amount of all taxes to Taxes in be levied upon the taxable property in a fractional school district shall be certified by the district board to the town- ship clerk of each township in which such district is in part situated, and by such township clerks to the supervisors of their respective townships, and it shall be the duty of each of said supervisors to certify to each other supervisor in- terested, the amount of taxable property in that part of the district lying in his township : Provided, That when there Proviso, exists a manifest difference in the valuation of property as- sessed in fractional districts, composed of territory in adjoin- ing townships or counties, such valuation shall be equalized for this specific purpose by the supervisors of the townships interested at a joint meeting held for that purpose, on appli- cation of either of the supervisors of said townships. And such supervisors shall respectively ascertain the proportion of such taxes, including mill tax, to be placed on their re- spective assessment rolls, according to the amount of taxable property in each part of such district. And if said super- in cases of visors cannot agree as to the proportion of such taxes to be o 46 STATE OP MICHIGAN. Statement to township treasurer. Statement to township treasurer of one-mill tax levied in fractional district. placed on their respective assessment rolls, a supervisor from an adjoining township shall be called to meet with said supervisors in said fractional district and assist in equaliz- ing 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 expenses, 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 district 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 per- sons 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 collected, such tax shall be collected in the same manner as if no part of such district had been set off, and the said former district, and the district to which the portion so set off may be annexed or the new district organized from such portion, shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property on which such tax is levied. See section 39 and notes. (85) 4711. SEC. 20. The township treasurer shall re- tain in his hands, out of the moneys collected by him, after deducting the amount of tax for township expenses, the full amount of the school taxes on the assessment roll, and hold the same subject to the warrant of the proper district officers, to the order of the school inspectors, or of the persons en- titled thereto, and give a written notice to the township clerk of the amount. Collection and apportion- ment of taxes on division of district. School taxes, when paid. GENERAL SCHOOL LAWS. 47 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, P. A. 1909. (86) 4712. SEC. 21. The township treasurer shall.. Township f ' . , , . , , ,, ,, treasurer to from time to time, apply to the county treasurer for all ap pi y to school and library moneys belonging to his township, or the treasurer for districts thereof; and on receipt of the moneys to be appor- moneys, tioned to 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 of the clerk of which the returns of any fractional- school dis- g^oi nal trict shall be made, shall apply to the treasurer of any other districts, township in which any part of such fractional school district may be situated, for any money to which such district may be entitled; and the treasurer paying over the same shall take a receipt therefor in duplicate, one copy of which he shall file in his office, and the other copy he shall send by mail, or deliver personally, to the clerk of the township to the treasurer of which he had paid any moneys on account of a fractional school district, which shall be specified in the receipt; on receiving the duplicate receipt, the clerk shall charge the sum named therein to the township treasurer, and apportion the same as are other taxes for school pur- poses. Am. 1913, Act 307. CHAPTER V. COUNTY CLERK AND TREASURER. (88) 4714. SECTION 1. It shall be the duty of each county clerk to receive all such communications, blanks, and 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- Jep?rtetc. aminers the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice Notice of - ., niT . / ji ' j. apportionment from the superintendent of public instruction of the amount O f moneys. of moneys apportioned to the several townships in his county 48 STATE OF MICHIGAN. he shall file the same in his office, and forthwith deliver a copy thereof to the county treasurer. (90) 4716. SEC. 3. The several county treasurers shall apply for and receive such moneys as shall have been apportioned to their respective counties, when the same shall become 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. County treas- urer to apply for moneys apportioned. To notify township clerks of amounts. School district may borrow money, etc. flow raised. Proviso, limit. Further proviso, board of inspectors. CHAPTER VI. BONDED INDEBTEDNESS OF DISTRICTS. (91) 4717. SECTION 1. Any school district may, by a ma- jority 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 school-house 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 the 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 vote. aforesaid the estimate of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Pro- vided, That no school district shall issue bonds for an amount greater than ten per cent of the total assessed valua- tion of said district 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 party printed and partly writ- ten, and the canvass of the same shall be conducted in the same manner as at township elections, or as far as the laws governing the same are applicable, and when said laws are not applicable the board of inspectors shall prescribe the manner in which the canvass shall be conducted. Am. 1899, Act 190; 1901, Act 165; 1905, Act 270; 1907, Act 256; 1911, Act 12 ; 1913, Act 53. 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. GENERAL SCHOOL LAWS. 49 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, 152 / 440. The provisions of the general school law govern the school district of Traverse City, organized under special act, when not inconsistent with the provisions of the special act, and the limit of bonded indebtedness fixed in this section is applicable to said city. Bd. of Ed. of Traverse City v. Straub, 182 / 665. (92) 4718. SEC. 2. Whenever any school district shall issuing bondo have voted to borrow any sum of money, the district board borrowed 7 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 interest centum per annum, and payable at such time or times as the thei> eon. said district shall have directed. The statute limits the authority of the board, in issuing bonds, to such as are authorized by the district ; and, before the board can act, it has a func- tion to perform in its nature somewhat judicial. It must pass upon the question whether the proceedings in voting the bonds are such as will 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 raise tax to redeem bonds. been borrowed by any school district, the taxable inhabitants EJaJLjJ^ 46 of such district are hereby authorized, at any regular meet- ing 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- to "aJbomJsT ous to said district, may borrow money to pav any bonded and issue .,-,.,., . .. -i c ,i further bonds. indebtedness of said district then existing, and issue lurcher 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) SECTION 2. Justices of the peace shall have juris- j ugt ices to diction in all cases of assumpsit, trespass on the case and ^Sio^in replevin against school districts, when the amount claimed, certain cases. or matter in controversy shall not exceed one hundred dol- lars; and the parties shall have the same right of appeal as in other cases. 50 STATE OF MICHIGAN. Service of process. This is section 2, chapter 76, of the judicature act of 1915, effective Jan 1 1916, which repeals C. L. 4721 and 4722. See act 314 of 19.15, pp. 425, 480. 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. Sch Dist., 40 / 551. Andreas v. School District, 138 / 54. (96) SEC. 35. In suits or proceedings against municipal and public corporations * * * service of process may be made as follows: 6. Against school districts, upon the president of the board of education, director, moderator or treasurer of such district. School district. Treasurer to certify judgment. When treas- urer fails to certify. This is section 35 of the judicature act of 1915. See Act 314 of 1915, pp. 84, 480, repealing C. L. 4722. (97) SEC. 8. No execution shall issue on any judgment against a school district, nor shall any suit be brought there- on, but the same shall be collected in the manner prescribed in this chapter. Sections 8-12 are taken from the judicature act of 1915, chapter 24. See Act 314 of 1915, p. 187, superseding C. L. 4723. (98) SEC. 9. Whenever any final judgment shall be ob- tained against the school district, if the same shall not be removed to any other court, the treasurer of the district shall certify to the supervisor of the township and to the director of the district the date and amount of such judg- ment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to an- other court, the treasurer shall certify the same as aforesaid, immediately after the final determination thereof against the district. See Act 314, of 1915, p. 187, superseding C. L. 4724. (99) SEC. 10. If the treasurer shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, ad- ministrators, or assigns, to file with the supervisor the certi- ficate of the justice or clerk of the court rendering the judg- ment, showing the facts which should have been certified by the treasurer. See Act 314, of 1915, p. 187, superseding C. L. 4725. Fractional school district. (100) SEC. 11. If the district against which 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. See Act 314, of 1915, p. 187, superseding C. L. 4726. GENERAL SCHOOL LAWS. 51 (101) SEC. 12. The supervisor or supervisors receiving supervisor either of the certificates of a judgment as aforesaid shall }Sdg S ment. 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^How collected ceedings shall be had, and the same shall be collected and ai returned in the same manner as other district taxes. See Act 314, of 1915, p. 187, superseding C. L. 4727. CHAPTER VIII. SITES FOB SCHOOLHOTJSES. (102) 4728. SECTION 1. The qualified voters of any sites for school district, when lawfully assembled may designate by a n owdesig- es> vote of two-thirds of those present, such number of sites as nated etc - 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 meetin s- brought before the school meeting, the notice of said meeting shall state the intention to vote upon such question. When when in- no site can be established by such inhabitants as aforesaid, S^te? may 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 182 ; 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. TOWNSHIP BOARD: Powers and duties formerly given to school In- spectors now vest in township board. NOTICE : The amendment of 1905 requires that notice of intention to vote on a change of site must be given before the question may be passed on at an annual meeting. Calkins v. Rice, 170/234. Insufficient notice. Id. (103) 4729. SEC. 2. Whenever a site for a schoolhouse wfcen^com- shall be designated, determined, established or enlarged in For n sfte lon any manner provided by law, in any school district, and by t j5y ine(3 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 52 STATE OF MICHIGAN. 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, mortgages, levies, or any other cause, be unable to procure a perfect, 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 as- certain 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, which application shall be in writing, and shall describe the real estate required by such board of education or by such district 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 provided 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. Proviso. When jury to be sum- moned. Owner to be notified. 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 GENERAL SCHOOL LAWS. 53 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 Notice in the time when and the place where such jury will assemble ? s aS unSown. 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 county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or 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) 4732. SEC. 5. It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as proceedings jurors, as hereinbefore provided, and of the sheriff or con- thereon - 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 freeholders to make up the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attach- Attachment ment for any person summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are au- thorized 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. 54 STATE OF MICHIGAN. Jury to be sworn. Subpoenas, witnesses. What jury to ascertain. (107) 4733. SEC. 6. The twelve persons selected as the jury shall be duly sworn by the judge, commissioner, or 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 their attendance compelled by such circuit judge, commis- sioner or justice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such 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. Dlst., 40 / 143. Mandamus will not He 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. Dlst. v. Judge, 49 / 432. when owner (109) 4735. SEC. 8. In case the owner of such real Ac., money' estate shall be unknown, insane, non compos mentis, or an witif couSty ed infant, or cannot be found within such county, it shall be law- treasurer. Court to attach cer- tificate. Collection of judgment. GENERAL SCHOOL LAWS. 55 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 ac- count for the same, as herein required : Provided, That no Proviso, how such money shall be drawn from such county treasurer, ex- drawn cept 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 district 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 according to the provisions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, 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 posses- sion of such real estate ; a copy of which order or decree, certi- fied by the clerk of said county, shall be recorded in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee. Am. 1903, Act 182. (Ill) 4737. SEC. 10. Such school district may, at any 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 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 to U sheriff. er 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 the duty of such sheriff thereupon to remove the respondent sheriff to or respondents in such proceedings, and all persons holding respondent. 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. 56 STATE OF MICHIGAN. When jury three months, Proceedings property is encumbered, (112) 4738. SEC. 11. In case the jury hereinbefore provided for shall not agree, another jury may be summoned 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. ^ uc ^ Proceedings may be adjourned from time to time by the said 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. (H3) 4739. SEC. 12. In case the said schoolhouse s ^ e > or ^ an( ^ 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. Am. 1903, Act 182. HOW money (114) 4740. SEC. 13. The circuit judge, judge of pro- counfy e ?reas- h bate, or circuit court commissioner of any county where any dfawn laybe mone y nas 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. GENERAL SCHOOL LAWS. 57 (115) 4741. SEC. 14. Circuit judges, circuit court compensation commissioners, and justices of the peace, for any services tc??on rs ' rendered under the provisions of this act, shall be entitled to proceedings. 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- when judge, cuit court commissioner, or justice of the peace, who shall to C attSS le issue a summons or venire for a jury, shall be unable to gJJ p r r ay attend to any of the subsequent proceedings in such case, any ceedings. 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 Appeal, how tax paying electors having taxable property within any m school district shall feel themselves aggrieved by any action, order or decision of the township board or joint boards with reference to the formation or any division or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said board, ap- peal from such action, order or decision of said board to the county commissioner of schools and a circuit court commis- sioner of the county in which such school district is situated. The county commissioner of schools and circuit court com- Board of missioner shall constitute a board of appeals for all such 5> e tl> Sl cases and shall be entitled to the usual fees provided by constitute, 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 de- cision appealed from, and said clerk or clerks shall notify the several members of such board of such appeal. The notice to Notice to the clerk and township board shall state the day and hour cSScfwEa when such appeal will be heard, and it shall be the duty of to state. said 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. Sch. 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 58 STATE OF MICHIGAN. 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. statement. Bond, amount of. Ap P eiiants:to (118) 4744. SEC. 2. Said appellants shall, before tak- ing 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- 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. Township board, when to file tran- (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 pro- ceedings, 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. GENERAL SCHOOL LAWS. 59 CHAPTER X. GRADED SCHOOL DISTRICTS. (120) 5 4746. SECTION 1. Any school district contain- Graded school i -, -, i ! i i j-i P r> district, or- ing more than one hundred children between the ages of five ganization of. 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- election, ing shall proceed immediately to elect by ballot a board of t( rm> etc ' 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 Eligibility. upon the assessment roll at the time of such election and who is the owner in his own right of the property so as- sessed, shall be eligible to election or appointment to the office of member of the board of education. In the election of Majority members of the board of education and all other school oflfi- vote " cers, the person receiving a majority of all the votes shall be declared elected : Provided, That all graded school districts Proviso, organized prior 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 Proviso, all such districts the members of the board of education here- after elected shall be elected under the provisions of this act. Am. 1907, Act 247. Simpklns v. Ward, 45/562. CUSTODY OF RECORDS : The proceedings provided by statute, sections 9843-9851 C. L., (chap. 39, judicature act of 1915), to compel delivery of books and papers by a public officer to his successor, are not adapted to a determina- tion of the rights of contestants 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 term "all other school officers" includes the director, moderator and assessor of primary school districts, there being no others to whom it could refer, as the trustees are the only officers to be elected in graded school districts. Cleveland v. Amy, 88 / 377. LEGISLATIVE PROVISIONS : The constitution does not require an abso- lute uniformity in school districts throughout the state and the legislature has not so construed the constitutional provisions. Uniformity has not been kept up ; graded schools have been established ; boundaries of districts changed and fixed by the legislature ; and the qualifications of electors at school meetings have been fixed, limiting the classes entitled to vote and providing exceptional methods of electing officers. The mayor of Grand Rapids is made a trustee and ex officio a member of the board of education ; 60 STATE OF MICHIGAN. and being a trustee he is eligible to the office of president of the board. The president of the board has the veto power. The mayor of Alpena is president of the board, and the trustees elected constitute the board, and exercise all the powers and perform the duties of trustees. The mayor of Detroit, as ex officio member of the board of education, has the veto power, and this provision is constitutional. Pingree v. Board of Education, 99 / 407-9. It is no new thing for the legislature to fix the boundaries of school districts. It is done by the charter of nearly every city or village in the state, and some of them go so far as to provide exceptional methods of electing officers and limiting the classes entitled to vote (citing Mudge v. Jones, 59/165). Keweenaw Ass'n v. Sen. 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. Acceptance of office. Organiza of board. ization Vacancies. Bond of treasurer. Township board or city council may appoint officers of board. (121) 4747. SEC. 2. Within ten days after his elec- 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 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 organiza- tion under this act, elect from its own number a president, a secretary and a treasurer, and for cause may remove the same from such offices and may appoint others of their number in such places, and these officers shall perform the duties prescribed by the general school law for the modera- tor, director and treasurer of the district, except as herein- after provided. The board of education shall have power to fill any vacancy that may occur in its number until the next annual meeting, and if three vacancies occur at the same time a special meeting of the district shall be called to elect members of the board to fill such places. Within thirty days after his appointment, the treasurer of the board shall file with the secretary an official bond in such an amount and form as may be determined by said board. Said bond may be either personal or of some surety company authorized to do business in this state, and it shall be given for a sum not less than the greatest amount of money that the treasurer may have in his possession or under his control at any time during his term of office, as near as the same can be deter- mined. When a personal bond is given it shall be signed by not less than two sureties, each of whom shall justify under oath to the full amount of the bond. If a surety bond is re- quired and purchased, it may be at the expense of the dis- trict. 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 township board or the common council of any city within which said district is located shall appoint the said officers from the members of the board. Am. 1901, Act 165 ; 1907, Act 247 ; 1913, Act 241. 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. GENERAL SCHOOL LAWS. 61 (122) 4748. SEC. 3. It shall be the duty of the board Board of 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 study. 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 Proviso, students, their parents or legal guardians shall pay a school non-residents. 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 T audit ,, . , , accounts of the secretary for incidentals or other expenses incurred by secretary, him in the discharge of his duties; but not more than one 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 amount 6 of 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 TO J^ 1 ^ districts under the provisions of this act, in which districts ofSooS! e 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 Duties of educational qualifications equivalent thereto, and said super- tendent. intendent shall have the following duties: (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; 62 STATE OF MICHIGAN. (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 the several schools upon recommendation of the superin- tendent, and to determine the amount of their compensation, 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 not recommended by the superintendent, or may reinstate a teacher suspended by the superintendent; Seventh, 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 com- pensation ; Eighth, To perform such other duties as are required of district boards in other school districts, or as may be neces- sary to the general welfare of the school and district. To employ teachers, determine salary of, etc. Proviso. To employ other officers. Other duties of board. Altering boundaries of graded school districts. Proviso, appeal. Am. 1907, Act 247. FIRST: To classify and grade. People v. 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 pre- scribe 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. Farrell 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. Teachers in graded schools are required to have certificates in the same man- ner 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 teacher and a graded school district is invalid, unless the teacher, at the time of making the contract, has the cer- tificate required by section 217, 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. (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, GENERAL SCHOOL LAWS. 63 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 Bond, 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- Judge of ered to entertain such appeal, and review, confirm or set jJJJf 11 * to aside or amend the action of the board of trustees appealed adion. from. Am. 1899, Act 258 ; 1909, Act 83. NO ALTERATION : People v. Ryan, 19/207; Simpkins v. Ward, 45 / 559 ; Burnett v. Inspectors, 97 / 103. Addition of territory by legislative action. Keweenaw Ass'n v. Sch. Dist., 98 / 439-41. (124) 4750. SEC. 5. Whenever two or more contigu- Graded ous districts, having together more than one hundred children ^strict between the ages of five and twenty years, after having pub- certain dis- lished in the notices of the annual meetings of each district unite for 7 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 board, properly notified of such vote, proceed to unite such districts, u y 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 trustees, business may be done at any annual meeting. Am. 1909, Act 83. (125) 4751. SEC. 6. Whenever the trustees of any or- p rim ar y ganized graded school district shall be presented twenty days gggj t8 before the annual meeting thereof with a petition signed by when C may ten voters of said district, stating that it is the desire of said change to - 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 64 STATE OF MICHIGAN. 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 board of the township or townships in which such 'district is situated, upon being duly notified of such vote, to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary school districts in the same manner as is provided for by law for the organization of primary school districts, and when- ever a fractional graded school district shall be so changed, the 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. Township board, duty of. First meeting. Fractional districts. Am. Id. CHAPTEK XI. Township or city may maintain library. Proviso, abandonment , Further proviso, in case of legal action. Further proviso, township school district. LIBRARIES. (126) 4752. SECTION 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 town- ship library, and the toAvnship library shall be considered 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 town- ship, and all rights, powers and duties heretofore exercised by the said township board or the members thereof shall be GENERAL SCHOOL LAWS. 65 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 wjjyje^ the township shall be entitled to the privileges of the town- privileges ship library, subject to such rules and regulations as may be of lawfully established in relation thereto: Provided, That per- Proviso, sons residing within the boundaries of any school district in which a district library has been established shall be en- titled to the privileges of such district library only. (128) 4754. SEC. 3. The township board shall have Towns hip charge of the township library and the township treasurer to hare w shall apply for and receive from proper authorities all et rge of ' 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 ap- pendages for the township library : Provided, That when the township library shall pass to the control of the township control to board of education, the township treasurer shall continue to, educat?on. 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 v moneys apportioned or appropriated for libraries and shall disburse sucli funds in the same manner as other educational funds. Am. 1909, Act 32. (129) 4755. SEC. 4. Said board shall be held account- able for the proper care and preservation of the township library, and shall have power to provide for the safe keeping of 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 T the township library to be kept at some central and suitable kept place in the township which it shall determine. Said board shall also, within ten days after the annual township meet- term, etc 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 Jibrar" y. Am. 1909, Act 32. 9 66 STATE OF MICHIGAN. School district library, how may be estab- lished, etc. Share of books and money. Library, who to have charge of, etc. Township clerk to report annually. Director, report of, what to include. Failure to report. (131) 4757. Sec. 6. Any school district, by a majority vote at an annual or special meeting, may establish a school district library, due notice of said action to be stated on the annual or special meeting notice, and such district shall be entitled to its just proportion of books from the library of any township in which it is wholly or in part situated, to be 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 district or the board of education of any township school dis- trict, village or city in which a library may be established in accordance with the provisions of this act, shall have charge of such library and provide the necessary conveniences 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. Am. Id. 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- ple, 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 su- perintendent of public instruction shall direct, and the dis- trict board or board of education of any district, village or city having a library shall give in the annual report of the director 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 dis- trict, village or city has failed to use the library money in strict accordance with the provisions of law, such township GENERAL SCHOOL LAWS. 67 or district or township district, village or city shall forfeit Forfeiture 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. I c ' them for neglect of duty, incompetericy, or immorality^^fel for any other reason which would have justified said boa 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 li- censes the holder thereof to teach in a specified district for which it shall be granted. Whenever written charges accus- ing any teacher of neglect of duty, incompetency, or immor- whn charges ality shall be filed with the county commissioner of schools, P referrod - 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 to- gether with the name or names of the person or persons filing the same, and said commissioner may, and on the written de mand of the accused teacher shall, within twenty days after the filing 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 men- tioned in the summons. Said summons shall have the force of a summons or subpoena at law. On the day set for theDuty^ meeting of the board of examiners, said board shall proceed hearing. to hear the case. The chairman of said board shall have au- thority 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 cer- tificate of the accused : Provided, That no certificate shall Proviso. be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose: And Provided further,. That any person summoned to appear Proviso as ,11 -, to non-ap- berore the board of examiners for the purposes mentioned pearance of herein and who shall fail to appear before said board on the Stoned. day specified in the summons, 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 Temporary 1 . . suspension of county commissioner of schools in any county shall have au- certificate, thority to temporarily suspend the force of any teacher's cer- tificate when from his personal inspection of the work of paid teacher, or from his personal knowledge, he is satisfied that such teacher has been guilty of wilful neglect of duty or 13 STATE OF MICHIGAN. 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 cer- tificate, 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 indefinitely suspended or re- voked: Provided further, however, That it shall be the duty of the board of school examiners 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 commissioner within five days after the filing of said decision to mail a copy thereof to said teacher: Provided further, however, That any teacher who feels aggrieved at the decision of the county board of school examiners may, within twenty days after the filing of such decision, take an appeal to the probate court of said county, who is herebv authorized to hear and determine said cause. To summon teacher be- fore board. Proviso, filing decision. Proviso, appeal to probate court. 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 person's teaching the school, is Erivileged and is justified by proof that he is a blasphemer, habitually pro- ane and a Sabbath-breaker. Wieman v. Mabee, 45 / 484. Duty of commissioner. Examinations, certificates, etc. Fee. Record of certificates. List of authorized teachers. (220) 4815. SEC. 8. It shall be the duty of the county commissioner : First, Immediately after his or her qualification as com- missioner, to send notice thereof to the superintendent of pub- lic instruction; Second, To keep a record of all examinations held by the board of school examiners and to sign all certificates and other papers and reports issued by the board, and to keep a record of all meetings of the board of examiners and of all hearings for the suspension or revocation of any teacher's certificate, 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 fee provided by law and 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- pended, revoked or transferred by the said board or commis- sioner, 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 in each year, to the township clerk of each township in the 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 certificate, GENERAL SCHOOL LAWS. 99 and if any have been suspended or revoked, the date of such suspension or revocation; Sixth, To visit each of the schools of the county at least Examina- once jn each year and to examine carefully the discipline, the mode of instruction, the text books used, the apparatus be- longing to the school, the library, the progress and the profi- ciency of the pupils, the skill and efficiency of the teacher, the condition of the school property, and whether the attend- ance at school is in compliance with law, and to make a care- ful record of these items and report the same to the director of each district : Provided, That in counties containing one Proviso, hundred or more schoolrooms, the commissioner of schools is hereby authorized to appoint a clerk, who shall perform such duties as said commissioner shall direct, except visiting schools : Provided further, In counties having from one hun- Further dred to one hundred and fifty schoolrooms the whole expense pro incurred for such clerk shall not exceed three hundred dol- lars in any one year and in counties having more than one hundred and fifty schoolrooms the whole expense incurred for such clerk shall not exceed four hundred dollars in any one year : Provided further, That nothing in this act con- Further tained shall operate to restrict the board of supervisors of provlso - any county from paying such greater sums than herein pro- vided as said boards may deem just and necessary; 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 manage- ment of the school, and he may examine and audit the books and the records of any school district at any time when di- rected to do so by the superintendent of public instruction or by application of any school board; Eighth, To promote by such means as he or she may de- institutes, etc. vise, the improvement of the schools in the county, and the elevation of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of in- stitutes appointed by the superintendent of public instruc- tion, and perform such other duties pertaining thereto as said superintendent shall require; Ninth, To receive the duplicate annual reports of the sev- TO examine eral township clerks, examine into the correctness of the re same, requiring them to be amended when necessary, endorse his or her approval upon them, and immediately thereafter, and before the fifteenth day of September in each year, trans- mit to the superintendent of public instruction one copy of each of said reports and file the other in the office of the county clerk; Tenth, To be subject to such instruction and rules as the superintendent of public instruction may prescribe, to receive all blanks and communications that may be sent to him or her by the superintendent of public instruction, and to dis- pose of the same as directed by the said superintendent, and 100 STATE OF MICHIGAN. to make annual reports at the 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 of him or her by law, and at the close of the term of office to deliver all records, books, and papers belonging to the office to his or her successor. Am. 1901, Act 99; 1905, Act 148; 190' Act 144. Section 9 was repealed, 1909, Act 222. Act 127; 1909, Act 264; 1911, Compensation. (221) 4817. SEC. 10. The compensation of each county commissioner of schools shall be determined by the board of supervisors of each county, respectively, but the compensation shalhnot be fixed at a sum less than five hun- dred dollars per annum in any county where there are fifty schoolrooms ; at not less than seven hundred fifty dollars per annum where there are more than seventy schoolrooms; at not less than one thousand dollars per annum where there are one hundred schoolrooms and not less than twelve hun- dred dollars where there are one hundred twenty-five school- rooms; not less than thirteen hundred fifty dollars where there are one hundred fifty schoolrooms ; not less than fifteen hundred dollars per annum where there are one hundred seventy-five schoolrooms; not less than two thousand dollars per annum where there are over three hundred schoolrooms ; in estimating the number of schoolrooms in any county grad- ed schools operating under a general charter shall be in- cluded. Each member of the board of school examiners, other than the county commissioner, shall receive four dollars for each day actually employed in the duties of his office and his actual and necessary traveling expenses incurred in the dis- charge of his official duties in his own county. The compen- sation of any clerk when appointed as provided in this act shall be determined by the county commissioner. The com- pensation of members of the county board of school examiners and of any clerk appointed by the county commissioner shall be paid monthly from the county treasury upon such ex- aminer or clerk filing with the county clerk a certified state- ment of his or her account which shall give in separate items the nature and amount of the service for which compensation is claimed. The compensation of the county commissioner shall be paid monthly from the county treasury: Provided, That in no case shall the county commissioner receive any order for compensation from the county clerk until he has filed a certified statement from the superintendent of public instruction that all reports required of the county commis- sioner have been properly made and filed with said superin- tendent: Provided further, That no county commissioner shall receive an order for compensation until he shall have Board of examiners, compensation How paid. Proviso. Further proviso. GENERAL SCHOOL LAV/# \ 101 filed with the county clerk a detailed statement tinder oath- showing what schools have been visited by him during the preceding month and what amount of time was employed in each school, naming the township and school district. The actual and necessary traveling expenses of the commis- Expenses, sioner incurred in the discharge of his official duties in his own county and the necessary and all contingent expenses for printing, postage, stationery, record books, grading regis- ters, telephone rental, rent of rooms for public examinations, teachers' or school officers' meetings, shall be audited and allowed by the board of supervisors or the board of county auditors. Am. 1905, Act 148: 1909, Act 247 ; 1911, Act 144 ; 1913, Act 231. 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. (222) 4818. SEC. 11. No superintendent of public in- who snail not struction, instructor at institute, county commissioner or ex- a( aminer, shall act as agent for the sale of any school furni- ture, text-books, maps, charts or other school apparatus. (223) 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. (224) 4820. SEC. 13. The officers of every school dis- Teachers, em- trict, except as hereinafter provided, which is, or shall here- P 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- tions of this act : Provided, That in incorporated cities em- Proviso, ploying a principal of the high school and also a superin- tendent of schools who gives not less than one-third of his or her time to school supervision, the superintendent of schools and the board of education or a committee thereof shall be empowered to examine their teachers and grant certi- ficates to such as are not already legally qualified, at such times and in such form as the superintendent of public in- struction shall prescribe : Provided further, That no teacher Further shall .be licensed to teach in any school or schools of this state provlso - by any officer, board or other authority, including every school or school district, regardless of whether existing or 102 STATE OF MICHIGAN. Further proviso. o im dor .general or special law, unless the license or certificate is granted at such times and in accordance with such terms and conditions as shall be prescribed by the su- perintendent of public instruction: Provided further, That cities having a special and thoroughly equipped normal train- ing department, under control of a special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the exami- nation of teachers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the pri- mary school interest fund as the number of unqualified teach- ers employed bears 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 superintendent of public instruction may re- quire. Am. 1901, Act 99 ; 1911, Act 146. 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, P. A. 1895.] Duty of state superintend- ent of public instruction. County com- missioner of schools shall give notice of examination. Examina- tion, how conducted. The People of the State of Michigan enact: (225) 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 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 instruction to send a printed list of said examination questions to each county commissioner of schools. (226) 4822. SEC. 2. It shall be the duty of each county commissioner of schools to give public notice of this examination at the time of all regular teachers' examinations, and to submit the questions aforesaid to any candidate who may desire to enter the agricultural college. The 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- GENERAL SCHOOL LAWS. 103 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. 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, P. A. 1909.] The People of the State of Michigan enact: (227) SECTION 1. Each county commissioner of schools Meeting of 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 Call, what meeting shall include every board of education in the county, whether rural or city. (228) SEC. 2. The director or secretary of each school who shall board or board of education shall attend such meeting and a the other members of each board of education may attend. One member of the school board or board of education who * T and 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- Attendance * sioner of schools shall issue to each metnber 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. (229) SEC. 3. It shall be. the duty of the superintendent superintend- of public instruction to assist the county commissioner of instruction) schools in conducting said meeting of school officers, and he duty of> shall attend said meeting either in person or by representa- tive. 104 STATE OF MICHIGAN. TOWNSHIP SCHOOL DISTRICTS. An Act to provide for the organization of township school districts in the state of Michigan. Single school districts. Petition of electors. Township clerk to call meeting. Election. Proviso. Notice of election. [Act 117, P. A. 1909.] The People of the State of Michigan enact: (230) SECTION 1. Whenever a majority of the qualified school electors in any organized township votes in favor of organizing said township into a single school district, such township shall, after the second Monday in July thereafter, be a single school district and shall be governed by the pro- visions of this act, and in case there are one or more graded school districts in the township having a population of nine hundred or less, the qualified school electors in such graded districts shall have the right to sign the petition hereinafter mentioned, and vote on the question of the establishment of such township district, and such graded districts shall be- come a part of the township district. The question of chang- ing any organized township into a single school district to be governed by the provisions of this act, shall not be submitted to the qualified school electors of said township until a peti- tion therefor, signed by one-fourth of the qualified school elec- tors 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 be the duty of the township clerk to call a meeting of the 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 petition. It shall be the duty of the said township board at such meeting to consider the said petition with the names appearing thereon, and if it be found and determined that one-fourth of the qualified school 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 dis- trict shall be submitted to the qualified school electors of such township. Such election shall be called by the town- ship board within thirty days after the meeting of the town ship board at which it is determined that the petition herein provided for is sufficient: Provided, however, That if any such petition 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 sub- mitted at the annual township election. Notice of such elec- tion, whether it be of a special or of the annual election, GENERAL, SCHOOL LAWS. 105 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 in the township, which notice shall state that at such election, giving the date, the question of the organization of the town- ship into a single school district shall be submitted to the qualified school electors of the township. The ballots upon J llots - form ' which such question shall be submitted shall be in the fol- lowing form : Shall (name of township) township be organized into a single school district? [ ] Yes. Shall (name of township) town- ship be organized 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 the square to the left of the word "No" shall be counted against the organization of such township into a single school district. Anv such election shall be conducted by the township board Election, how ',... .. .11 i conducted. ot election inspectors in the same manner in all respects and the ballots shall be taken, counted, and canvassed in the same manner that is now provided for the counting of bal- lots under the general election law. If a majority of the school electors of such township voting at such election votes in favor of the proposition, such township shall, after the second Monday in July subsequent to such election, be con- sidered a single school district and shall be governed by the provisions of this act. Whenever a majority of the qualified school electors of any township votes in favor of the or- ganization 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 in July, at which election the trustees for the township school district shall be elected by the qualified school electors of such township. Notice of Notice, such election shall be given by the township board by post- ing notices thereof in at least five public places in the town- ship and at least one notice in each organized school district that on the second Monday in July following trustees for the townsMp school district will 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 proviso, township, or as a part of such township, there are fractional school districts already organized, the school house of which is within the boundaries of the township, such frac- tional districts shall be considered a part of the township for school purposes, and qualified school electors residing anywhere in such fractional school district shall be qualified to sign the petition for or vote upon the question of the 106 STATE OF MICHIGAN. Proviso. Accounting of property, etc. Township organization of the township district. The township board certified fi co e py. sha11 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 per- taining to the election and acceptance of school officers, the said board of education shall immediately become^the custo- dian of all the property pertaining to the public 'schools of the township and shall have all the powers and privileges conferred upon school officers by the general laws of this state, and said general laws shall apply and be in force in such district in all particulars not otherwise provided for in this act: Provided, That immediately upon the organiza- tion of the board of education herein provided for said board shall call a meeting of the officers of the school districts of the township as heretofore existing, if any, and at such meet- ing 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 dis- tricts to the township board of education and said board shall give to such officers proper receipts, and the secretary of said board of education shall place a full statement of such several settlements in the records of the board of edu- cation for said township. Am. 1911, Act 143. Exemption. (231) SEC. 2. All cities organized as school districts and all graded school districts having a population of more than nine hundred shall be exempt from the provisions of this act. Their boundaries shall remain the same and they shall con- tinue to administer the public schools of such city or graded district in the same manner as heretofore provided by statute: Proviso. Provided, That if any such city or graded school district shall desire to give up its own organization as a school district and become a part of the township district, and such dis trict and the other district or districts of the township shall respectively so express themselves by ballot by a majority vote of the legal voters of each district at an annual or special meeting of such districts, the superintendent of public in- struction shall have authority to declare the organization of such city or graded school district for school purposes dis- solved, and he shall make such declaration in writing and GENERAL SCHOOL LAWS. 107 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 educa- tion of such township all the building, property, appurte- nances, money, and material heretofore belonging to such city or graded district to the board of education of the town- ship 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 provided : Pro- Further vided further, That where fractional school districts have pl been organized heretofore the organization of the township district for school purposes shall conform to the boundaries of such school districts, and that the said fractional districts shall become a part of the township district in which the school house of such district is located, and that in the elec- tion of school officers said boundaries shall be recognized by the officers of the township: Provided further, That in any Further case where a fractional district has been organized hereto- pro fore, such territory may be divided so that the township school district boundary lines shall conform to the town- ship boundary lines, said division being made in their dis- cretion by the township boards of the townships in which the territory may be located, said boards meeting in join! session for such purpose. When such division has been made, the township boards at said joint meeting shall immediately 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 Township clerk of the township in which the school house of such frac- notice. 8 tional school district is located shall give at least ten days' notice to the township clerk of the other townships interest- ed 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 neces- sary 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. Am. Id. (232) SEC. 3. The officers of said township district shall Board of consist of five trustees, elected at large, who shall constitute femfquah- the board of education of said district, and the regular term fications - etc - 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 dis- trict: Provided, That where a husband and wife own Proviso, property jointly, if otherwise qualified, each shall be eligible 108 STATE OF MICHIGAN. Election of trustees, terms. Board of election inspectors. Township clerk, duty of. Qualified voter, at election. For taxes. Proviso. Annual meeting. Notice by secretary. 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 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 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 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. (233) SEC. 4. The annual meeting of said township dis- trict shall occur on the second Monday of July in each year at the usual place of holding the township meeting, and the school year shall commence on that day. It shall be the duty of the secretary of the board to give notice of all annual 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, GENERAL SCHOOL LAWS. 109 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 2Sng g ai 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 immediate- ly proceed to canvass and announce the result of the vote. (234) SEC. 5. If any person offering to vote at a town- challenge ship school district meeting shall be challenged as unquali- of voter - fied 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 qiialified 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 oath. 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 (or affirm) that you are a ciuzen 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;' 7 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 False oath his vote shall be rejected; and any person who shall wil- sweann s- 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. (235) SEC. 6. Within five days after the first election Township under this act the township clerk shall notify in writing SJf y to the persons elected as trustees of their election, and within ggfg^ etc 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 per- son is a qualified voter on school questions, that his name ap- pears 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- 110 STATE OP MICHIGAN. Meeting of board, offi- cers, etc. Quorum, regular meeting. Special meetings. ceptances and affidavits shall be filed by the township clerk Acceptances, in his office. All persons elected as trustees of the township ed " school district after said first election shall file such written acceptances and affidavits with the secretary of the board of education and they shall bo made a part of the records of the district. (236) 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 meeting 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. (237) SEC. 8. A school district office shall become vacant immediately upon any of the following events: First, The death of the incumbent; Second, His resignation; Third, His removal from office; Fourth, His removal from the district; Fifth, His conviction of any infamous crime; Sixth, His election or appointment being declared void by a competent tribunal; Seventh, His neglect to file his acceptance of office or to give or renew any official bond according to law; 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. (238) SEC. 9. The board of education shall have the fol- lowing powers and duties: Fill vacancies. (a) To fill any vacancies that may occur in the office of trustee until the next annual meeting, and the person or per- sons so appointed shall file his acceptance and affidavit as hereinbefore provided; Office, when deemed vacant. GENERAL SCHOOL LAWS. Ill (b) To purchase or lease in the name of the district such Purchase site or sites for school houses as may be necessary, out of the sch o1 sltes - 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, not build a stone or brick school house upon any site without having first obtained a title in fee to the same or a lease for at least ninety-nine years, nor shall a frame school house 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 privilege of removing the school property from the site on the expiration of the lease; (c) To estimate the amount of money necessary to be raised for buildings and sites and report 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 under the title of "general 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 established, 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, rec- ord books and blanks, and all apparatus 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 '"general fund.' 7 All moneys received from penal fines for library purposes and all moneys received for buildings and sites shall be kept in separate accounts under proper title : Provided, That when the district or the board Proviso. has voted- a tax for any legal purpose and the money is need- ed 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 Taxes levie(i 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 ^ c ^ s to the district in accordance with the provisions of the law uses, etc. regulating 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 district present at an annual meeting or a special meet- ing, and no moneys received from the primary school interest 112 STATE OF MICHIGAN. Custody of school property. Text books, adoption of, etc. fund shall be appropriated to any other use than the pay- ment of teachers' 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 certificate of qualifi- cation 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 or 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; (g) To. have the care and custody of all school property and to provide suitable school privileges and sanitary condi- tions for all schools, a suitable water supply and all 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 instruction in the subject of physiology and hygiene with special refer- ence 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 books 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 grade 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 the board of educa- tion at the close of each term or year in regard to the quan- tity and character of such special instruction in the subject of alcohol and narcotics, and the secretary of the board shall certify to the superintendent of public instruction that such instruction has been given; (j) To have the general care of the schools of the district and make and enforce suitable rules and regulations for the general management of the schools and for the preservation of the property of the district, and to purchase at the ex- pense of the district such text-books as may be necessary for the use of children whose parents are not able to furnish same. The board may authorize or order the suspension or expulsion from school of any pupil guilty of gross misde- meanor or persistent disobedience, or one having habits or bodily conditions detrimental to the school, whenever in its judgment the interests of the school may demand it; Regulation of schools. Suspension, etc. GENERAL SCHOOL LAWS. 113 (k) The board may admit to the schools of the township Non-resident any non-resident pupils and determine the rate of tuition of p such pupils and collect 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 tui- tion in a sum not to exceed the amount of such tuition; (1) To make rules relative to the taking of census of all School census, 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 the schools of the township, which shall be the same for all schools and not less than five months in each year : Provided, Proviso. 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 department shall be kept for any person on account of race or color: Provided Further further, That this shall not be construed to prevent the classi- E fying and grading of the schools according to the intellectual progress of the pupils, such grades to be taught in such sepa- rate places as may be deemed expedient ; (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, That if a township high school Proviso, 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 desig- nated by such township board of education; (p) To authorize the secretary to purchase and provide such incidental apparatus and material as may be deemed ad- visable 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 ingot 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 15 114 STATE OF MICHIGAN. Duties. Teachers employing of, Qualifications, compensation. The superintendent of schools herein provided for shall be the holder of at least a state life certificate or a normal school diploma, or he shall have educational qualifica- tions equivalent thereto and shall be the holder of a diploma from a college or university of recognized standing, 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 ar- ranging 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 of tener 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- conTracts? etc. 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- trict. Said contracts shall specify the wages agreed upon and require the teachers 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 contracts 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 w r ith the secretary and a duplicate fur- nished the teacher. A contract with a person not holding a legal certificate of qualification shall be invalid and all con- tracts 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 in case of illness of the teacher or when a legally qualified 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 maintenance, prosperity, and success of the schools of the district and the promotion of the thorough education of the children thereof. Filing of contracts. Proviso. Am. 1911, Act 143. GENERAL SCHOOL LAWS. 115 (239) SEC. 10. It shall be the duty of the president of President 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 Countersign secretary upon the treasurer for moneys to be disbursed by the district, and all warrants of the secretary upon the township 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? an 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 ill 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 exceeding 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; Fifth, He may make complaint before a justice of the Complaint for peace against any person who shall disturb any school in the dl township by rude and indecent behavior or by profane and in- decent 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- Perform ent, where such superintendent is not appointed, and such superm- f other duties as may be appropriate to his office in the man- tendent - agement of the schools as the board shall determine. (240) SEC. 1.1. 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 Record of and the minutes of all meetings, orders, resolutions and other pl proceedings of the board in proper record books and sign the same ; Third, To give the prescribed notice of the annual meeting Notice of and of any special meetings of the district which the board ra may call : Provided, That the notice of all annual and special Proviso, meetings shall be properly posted in at least five public places in the township and one on each school building not less than 116 STATE OF MICHIGAN. Further proviso. Warrants, orders, etc. Numbering. Sign contracts. Purchase apparatus. Accounts, payment, etc. Estimates, when and to whom presented. File re- ports, etc. Annual report, what to con- tain, etc. 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 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 of June, to present an estimate of the expenses necessary to be incurred during the ensuing year, and an estimate of 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 7 wages and the general running expenses of the school as hereinbefore provided; Ninth, To preserve and file copies of all reports to the township clerk or county clerk and the superintendent of 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 and previous to the second Monday in July, prepare an 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; GENERAL SCHOOL LAWS. 117 (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 statls of public instruction shall direct. Said report shall be in Form of re- such form as said superintendent may prepare and direct. o^et^ 11116 In 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. (241) SEC. 12. It shall be the duty of the treasurer of the Treasurer, board of education: First, Within ten days after his election or appointment TO me bond, to execute to the district and file with the secretary of the sureties - 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 Surety to do business in this state, said bond to be approved by the cc 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 where 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 ap- proved : Provided, That if for any unforeseen reason a larger Proviso, sum of money should become due the district than the bond iJ 118 STATE OF MICHIGAN. Custody of moneys. Deposits, interest, etc. would cover, the treasurer shall increase the bond to the when suit proper amount before such money comes into his hands. In commenced. , , _ , case of any breach of the conditions of said bond the presi- dent shall cause 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 dis- trict, 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 sepa- rate 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 inter- est shall be accounted for to the district and become a part of the general fund of said district: Provided, That any de- posit of such funds shall not be privileged, but shall be open to inspection of anj' trustee of the district or any person authorized to audit school accounts; Fourth, To pay all orders of the secretary when lawfully drawn and countersigned by the president, out of any moneys in his hands belonging to the fund upon which such orders may be drawn; Fifth, 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 person to whom and the objects for which the same have been paid; Sixth, To present to the district board and to the district at the close of the school year a report in writing containing a statement of all moneys received during the preceding year and of each item of 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 all suits brought by or against the same, when no other direc- tions shall be given by the qualified voters in a district meet- ing, except in suits in which he is interested adversely to the district, 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 district board and to deliver to his successor in office all books, vouchers, orders, documents and papers belonging to the office of treasurer, together with all district moneys re- maining on hand; Proviso, inspection. Pay orders. Keep book of accounts, etc. Annual reports. Appear for district in suits. Deliver books, etc. GENERAL SCHOOL LAWS. 119 Ninth, To perform such other duties as are or shall be re- other duties, quired by law of the treasurer. (242) SEC. 13. At each annual school meeting held in 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 and sites and an estimate of the amount for which bonds shall be issued if needed. This estimate shall be presented by the board and Time - considered by the qualified voters during the last two hours of the time during which the polls for the election of trus- tees are to be open, or between the hours of three and five o'clock p. m. The qualified voters on the question of voting taxes present at that time shall determine the 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 authority to increase or decrease the amount of the estimate 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- Taxes, 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 supervisor of the township, and if the township district is a 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 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 Proviso, aforesaid do not or can not 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 Further special meetings of the district may be called to vote on the pl 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 foj of of ballot shall be: "For bonding the township district for I , Yes," "For bonding the township district for $ , 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 manner as a regu- lar school election. When bonds have been voted the board Bonds to in i , i 11 11 i -i - n ,1 f issue and sell. 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 Proviso. 120 STATE OF MICHIGAN. when any money shall have been borrowed by any township school district upon the bonds of said district the qualified voters of such district shall have power at any annual or special meeting to impose a tax on tjie taxable property in such district for the purpose of paying the principal or any part thereof and the interest thereon, to be levied and col- lected as other school district taxes are levied and collected. 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. Recording of. Free text- books, may be submitted. Proviso, bids. To be included in budget. Am. 1911, Act 143. (243) 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 col- umn, apart and distinct from all other township taxes. (244) SEC. 15. The treasurer of the township shall at any time, on the written request of the board of education, report to said board the amount of school money in his hands and shall, on the order of the secretary of the board countersigned by the president, pay to the treasurer of the board all or any of such moneys. The treasurer of the town- ship 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 report the same to the township clerk. (245) 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 the income from the primary school interest fund and one 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. (246) SEC. 17. The board of education at any annual or special meeting may submit to the voters of the district the 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 wholesale price of such books, and to vote a tax for such pur pose : Provided, That the voters at such meeting may direct the board of education to advertise for proposals and bids on such contract. Annually thereafter the board of education shall include in its budget a sufficient amount to maintain and provide the proper text-books for use in schools and such text-books shall be sold to pupils at cost and furnished free GENERAL SCHOOL LAWS. 121 to such pupils as are unable to buy them, and such books furnished free shall be the property of the district : Pro- vided further, That nothing herein contained shall prevent any district having once adopted free text-books from taking further action on the subject at any subsequent annual meet- ing. (247) SEC. 18. All school property, both real and per- Property sonal, within the limits of the township district as created ai or organized under this act, shall by force of this act become the property of the public schools of the township, and all debts and liabilities of the several districts heretofore organ- ized in such township as they existed prior to the passage of this act shall become the debts and liabilities of the said pub- lie schools of the township. (248) SEC. 19. All money raised or being raised by tax, Tax not m- or accrued or accruing to the school districts of said town- vs ship as described herein, shall become the money of the pub- lic 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. (249) SEC. 20. The compensation of members of the Compensation board of education other than the secretary and treasurer Officers. ai 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 regu- lar budget voted by the board of education and shall be paid from the general fund. (250) SEC. 21. The several township officers shall be in- Board, eligible to election as members of the board of education dur- officers 11 * ing the term for which they were elected and any votes cast ineli & lble for such township officers for members of the board of edu- cation shall be void. It shall be illegal for any member of the Member not board of education to act as agent for any author, publisher age^t 1 . as 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 interest in education to perform any labor except as provided in this cc act, or furnish any material or supplies for the school dis- trict in which he is an officer, and he shall not be personally interested in any way whatever, directly or indirectly, in any contract with the district in which he holds office. Any act Penalty. 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. 122 STATE OF MICHIGAN. Refusal to accept office or perform duty. Removal from office. Proviso, when order to stand. Consolidation of townships, board to act. Joint session, appraisal, etc. (251) 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. (252) 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 prima 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, or if after said thirty days such proceed- 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. (253) SEC. 24. When any township district comprising one township shall be divided into two or more townships 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 the township boards of education 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 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 property in the township divided, as shown by the last assess- GENERAL SCHOOL LAWS. 123 ment roll of such former township. When a township district Alteration shall be altered in its limits by annexing a portion of its Ol 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. (254) SEC. 25. When any ten or more qualified voters in Appeal from any township district shall feel themselves aggrieved by any board. 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- , lie instruction, receipt of such appeal, shall have power to entertain such duty of. 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- 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. [Act 176, P. A. 1891.] The People of the State of Michigan enact: (255) 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 124 STATE OF MICHIGAN. Clerk to notify board. 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- 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 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. When town- ship to be- come single district. Proviso, as to sub- districts. 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. Id. 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. Board of edu- cation, how constituted. (256) 4824. SEC. 2. The officers of said district shall consist of five trustees, who shall constitute the board of edu- 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 GENERAL SCHOOL LAWS. 125 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 held in said district, the township board shall act as a board 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 annual meeting of said district shall occur on the second when tiid 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 vshall transact such business as may lawfully ceme before them, according to the provisions of section nine of this act. In all townships organized prior to April first, nineteen hun- dred three, under the provisions of act number one hundred 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 elected board of education : Provided, That the district Proviso, 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. Id. Perrizo v. Kesler, 93 / 283. 126 STATE OF MICHIGAN. Officers, how notified of election. Proviso. Board of education, how organized. Duties of president. Secretary. Treasurer. (257) 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. (258) 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 re- quired of the moderator in a primary school district. The sec- retary shall faithfully record all proceedings of annual and special meetings of the district and of all meetings of the board, receive and file all records, papers, and other docu- ments belonging to the district, and perform such other duties as are required of the director in primary school districts. It shall be the duty of the treasurer in each district to execute and file with the secretary, within ten days after his election or appointment, a bond in the full amount of money to come into his hands as such treasurer during his term of office, as near as the same can be ascertained, with two sufficient 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. GENERAL SCHOOL LAWS. 127 (259) 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. (260) 4828. SEC. 6. A majority of the members of said board shall constitute a quorum, and the regular meet- 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. Schafer v. Sch. Dist, 116/206. (261) 4829. SEC. 7. The said board shall be the board of school inspectors for said district and shall, as such, re- inspectors. 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. (262) 4830. SEC. 8. The board of education of said Powers and 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 128 STATE OF MICHIGAN. 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 chil- dren, 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. Electors to determine amount to be raised. Proviso as to neglect. Proviso as to amount. Taxes to be set forth in roll. (263) 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 township, who shall spread the same upon the regular tax roll of said township, and the same shall be levied, collected and returned in the same manner as other township taxes: Provided, That for purchasing school lots and for erecting school houses no greater sum than three mills on the dollar of all the taxable valuation of the real and personal prop- erty 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. (264) 4832. SEC. 10. All taxes assessed within said township for school purposes shall be set forth in the assess- ment roll of said township, in a separate column, apart and distinct from all other township taxes. Am. Id. Treasurer to report to board. (265) 4833. SEC. 11. The treasurer of the township shall, at any time, at the written request of said board of education, report to said board the amount of school money in his hands, and shall, on the order of the secretary of said GENERAL SCHOOL LAWS. 129 board of education, countersigned by the president, pay to the treasurer of said board, all or any of such money. Am. Id. (266) 4834. SEC. 12. The said board shall annually. Board to prior to the second Monday of July in each year, make a Satonent?* 1 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 pri- mary 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 Monday of July. Am. Id. (267) 4835. SEC. 13. All school property, both real Disposition and personal, within the limits of a township incorporated property, as aforesaid, shall, by force of this act, become the property of the public schools of such township, and all debts and liabilities of the primary school districts of said township, as they existed prior to its incorporation under the provi- sions of this act, shall become the debts and liabilities of said public schools of the township so incorporated. Am. Id. 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. (268) 4836. SEC. 14. All money raised or being raised by tax, or accrued or accruing to the school districts of said tax. 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. (269) 4837. SEC. 15. The compensation of the mem- compensation bers of the board of education other than the secretary and of 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. 17 130 STATE OF MICHIGAN. In case of division of township. Alteration, etc. (270) 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 districts of such former township, basing their apportion- ment 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 annexing a portion of its territory to another town- ghip or townships, the township boards of education of each of the townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school 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. Section 17, added 1909, Act 7, repealed all contravening acts. Sections 17 and 18 of this act as added by Act 154 of 1903 were repealed by Act 7 of 1909. Boundaries, how estab- lished, etc. Board of trustees, duty of. 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, P. A. 1909.] The People of the State of Michigan enact: (271) SECTION 1. Whenever a change in, or the estab- lishment 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 dis- trict. Whenever any change is contemplated in regard to the boundaries of the school district, and a majority of the members of the board of education or board of trustees shall GENERAL SCHOOL LAWS. 131 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 author- ized, 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 f^^^f*' { be held with the committee of the board of education or board " 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 H w 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 member of each board or committee to attend such meeting. When Chairman the joint boards and committee have assembled they shall Section oi. 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 Jgggfc OM of boards have made alterations in the boundaries of the school district, they shall prepare a map showing in detail the boundaries of the original school district and the boundaries of the territory annexed or detached, and a copy of such map Filing of. shall be kept on file in the office of the secretary of the board of education 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. (272) SEC. 2. Any persons residing on territory adjoin- May peti- ing any city district, or in any school district the boundaries tl( 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. (273) SEC. 3. When any territory shall be attached to School . or detached from the school district of any city, or any ^Visions school district the boundaries of which have been fixed by governing. legislative act, in pursuance of the provisions of this act, it shall in all things relative to school matters be governed by 132 STATE OF MICHIGAN. the provisions of the law in force and governing such district at the time the change of boundaries is made. certificate. (274) 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 valua- tion of each municipality within such district, and shall certify the same to the proper officer thereof. Taxes, apportion- ment of. 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. Boards to collect fees from appli- cants for certificates. When to be collected by director, etc. of school board. Receipt. Disposition of fees. [Act 53, P. A. 1877.] The People of the State of M whig an enact: (275) 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- cate, an annual fee of fifty cents, and the director and secre- tary of any school board that shall employ any teacher who has not paid the fee hereinbefore provided, shall collect, at the time of making contract, from each male teacher so em- ployed, an annual fee of one dollar, and from each female teacher so employed, an annual fee of fifty cents. All per- 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 uot uniform. This section is not defective, incomplete, ineffectual and is valid. Hammond v. School Board, 109/676. (276) 4840. SEC. 2. All such fees, collected by the 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- GENERAL SCHOOL LAWS. 133 companied by a list of those persons from whom they were collected, and all of such fees, together with all those that shall be collected by the county board of school examiners, shall be paid over by the secretary of said board of school examiners to the treasurer of the county in which they were collected, on or before the last day of March, June, September and December, in each year, accompanied by a complete list of all persons from whom said fees were collected, and a like list, accompanied by a 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. (277) 4841. SEC. 3. The superintendent of public in- Annual struction shall annually appoint a time and place in each or- fnst?tute. 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 Proviso, thousand children between the ages of five and twenty years, with l super- na 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. (278) 4842. SEC. 4. The superintendent of public in- in case of struction, in case of inability personally to conduct any insti- superir? tute, or to make the necessary arrangements for holding the tendent - 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 ^endarufe 8 f 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- Teachers at- ance, and any teacher who shall have closed his or her school, toVrflit 10 in order to attend said institute, shall not forfeit his or her wages> 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. (279) 4843. SEC. 5. For the purpose of defraying the gg^| of expenses of rooms, fires, lights, or other necessary charges, how paid. and for procuring teachers and lecturers, the said superin- tendent, or the person duly authorized by him to conduct said 134 STATE OF MICHIGAN. May draw on state treasurer. 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. (280) 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. (281) 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- tor general shall on the certificate of said superintendent that he has made arrangements for holding such institute, draw his warrant upon the state treasurer for such sum as said 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 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. (282) 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. Yearly state institute. Proviso. Vouchers for payments. GENERAL, SCHOOL LAWS. 135 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, P. A. 1907.] The People of the State of Michigan enact: (283) SECTION 1. The superintendent of public instruc- tion shall establish and maintain in his office a bureau of in- formation wherein teachers desiring employment may reg- mg 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 teacher so registering shall pay a fee of one dollar to the superintendent of public instruction, which fees shall be deposited with the state treasurer, and by him placed to the credit of the general fund. (284) SEC. 2. Such information as is contained in said informa- bureau shall be given without charge to all school officers, ' 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. 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, P. A. 1905.] The People of the State of Michigan enact: (285) SECTION 1. Every parent, guardian or other per- children of son in the state of Michigan, having control and charge of Jjjjjjyfjf any child between the ages of seven and sixteen years, shall attend school. be required to send such child to the public schools during the entire school year, and such attendance shall be con- tinuous 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 fol- Proviso, lowing cases children shall not be required to attend the public schools: (a) Any child who is being taught in a private or paro- Exceptions, chial school such branches as are usually taught in the pub- lic schools to children of corresponding age, or who, upon the 136 STATE OP MICHIGAN. completion of the work in such schools, shall present satis- factory evidence to the county commissioner of schools, and in appropriate cases, to the superintendent of schools, that he has completed sufficient 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 com- petent 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 superintend- ent of schools from attendance at school, on the recommenda- tion of the board of education of the district in which such children 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 traveled road, of some public school: Provided, That if transportation is furnished for pupils in said district, 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: Provided, however, That any child claiming exemption from attending school under subdivisions (a) or (b) hereof, shall secure such permit as may be required under the statutes of Michigan covering the employment of minors, and shall be regularly employed at some lawful work if physically able to do so. Am. 1907, Act 74; 1913, Act 47. As to the permit contemplated in paragraph (f), see section 306 infra. 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. The board of supervisors may reimburse a deputy sheriff for attorney's fees paid to defend himself against an action of malicious prosecution for arrest on a warrant fair on its face, where the officer acted in good faith and was held not liable. Messmore v. Kracht, 172 / 120. Charge held insufficient to sus- tain conviction. People v. Turja, 157/530. (286) SEC. 2. The county commissioner of schools in each county shall select a person of good moral character to act as truant officer for the county. The person so selected shall file with the county clerk his acceptance and oath of office and a bond in the sum of one thousand dollars, with two sufficient sureties to be approved by the county clerk. The person so selected shall be known as the county truant officer, and he shall have all 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 county Proviso. Proviso, em- ployment permit. County truant officer, bond, etc. Powers. GENERAL SCHOOL LAWS. 137 commissioner of schools, except as hereinafter provided: Provided, That in cities having a duly organized police force it shall be the duty of the police 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 pro- hibiting such board of education from appointing any citizen not a police officer as truant officer : Provided further, That in graded school districts the board of education shall have authority to appoint one or more truant officers and fix the compensation of the same, said compensation to be paid by the district : And Provided further, That in all townships of ^g th g r ro ~ the upper peninsula organized as township unit districts, the board of education of such 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 peninsula not organized as township unit districts the county truant officer appointed as herein prescribed shall act : Provided, That if in any graded dis- Proviso, trict or township the board of education does not appoint a truant officer, the county truant officer shall act in such dis- trict or township. The truant officers herein provided for in Bonds, cities, graded school districts and township unit districts shall give bonds to the 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 jurisdiction and while in the performance of the duties of truant officer, the powers of the deputy sheriff. The compensation of the county truant officer shall p oun *y ffi * , . truant officer, be three dollars per day for every day actually engaged in compensation, the discharge of his duties, and actual expenses, and all bills for such service shall be certified by the county commissioner of schools. In cities, when the board of education appoints 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 HOW paid 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 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, Pr viso. That this act shall not be so construed as to effect any exist- ing appointment. Am. 1907, Act 74; 1911, Act 255. 138 STATE OF MICHIGAN. School director, duty of. Teacher, duty of. Secretary of board of edu- cation, duty of. Truant officer, duty of. Proviso. Penalty for non-com- pliance. (287) 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 names and addresses 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 commissioner 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 super- intendent of schools in such city, together with the name and address of the truant officer under whose jurisdiction they act, and it shall be the duty of said superintendent at the opening of school to compare said census list with the enroll- ment 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 persons in par- ental relation whose children of the ages hereinbefore men- tioned are not in regular attendance at the public schools, also names of parents or others in parental relation whose children are not in the 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- attendance at school, and if the children complained of are not exempt from the provisions of this act under the condi- tions named in section one, then he shall immediately pro- ceed as is provided in section four of this act: Provided, That it shall be the duty of the county truant officer when re- quested to do so by the county commissioner of schools to in- spect the outhouses in primary districts and order repairs on the same, and in case the district board, after proper noti- fication by the truant officer, fails to have such outhouses put in proper and sanitary condition it shall be the duty of the said truant officer to have such work done at the expense of the district; (d) In case any parent or other person in parental rela- tion shall fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall on con- viction thereof be fined not less than five dollars nor more GENERAL SCHOOL LAWS. 139 than fifty dollars, or imprisoned in the county or city 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. (288) SEC. 4. (a) It shall be the duty of the county Comm^oner commissioner of schools to furnish the truant officer of the duty of. 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 p< control to the public school, the truant officer, upon having notice from proper authority of such fact, shall immedi- ately 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 chil- dren under his or her control shall present himself or them- selves 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 Notice, what parent or other person in parental relation of the date that to attendance must 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 ^g^ shall, at the same time the said formal notice is given to the superm- parent or person in parental relation, notify the teacher or te superintendent or commissioner of the fact of notice, and it shall be the duty of the teacher or superintendent or commis- sioner 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 -JJruwit given the formal notice hereinbefore described, to determine dutyof. 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 after 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 town- ship 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 warrant, shall issue a warrant upon said complaint and shall proceed to hear and determine the same in the same manner as is provided by statute for other cases under his jurisdiction, and in case of conviction of any parent or other person in Conviction. 140 STATE OF MICHIGAN. Proviso, recorder's court. Assistance rendered officer. parental relation for violation of this act, said parent or other person in parental relation shall be punished according to the provisions 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 magistrate of said recorder's court or before a justice of the peace, and said magistrate or justice shall issue a warrant and proceed to hear and determine the case in the same man- ner as is provided in the statute for other cases under his jurisdiction ; (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 com- mand to aid such truant officer in the performance of his official duty. Am. 1907, Act 74; 1909, Act 63. (289) 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 school s 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 attend said ungraded schools, or any department of their graded schools, as said board of education may direct. (290) 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 conduct; class three, children who are not attending any school and^who habitually frequent streets and other public places, having no lawful business, employment or occupation. Sec. 7 repeals Act 95 of 1895, being C. L. 1897, 4847-4852. A charge that respondent was a disorderly juvenile offender, in that she neglected and refused to go to school, and was a truant and is an unmanage- able child, is insufficient to sustain a conviction (C. L. 1897, 11765). People v. Turja, 157/530. School boards may establish ungraded schools. May require attendance. Juvenile dis- orderly per- sons, who deemed. o the deaf An Act to provide for the compulsory education of deaf children. [Act 48, P. A. 1907.] The People of the State of Michigan enact: (291) 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 GENERAL SCHOOL LAWS. 141 years, and who by reason of deafness or imperfect hearing cannot be taught successfully in the public schools, shall be 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. (292) SEC. 2. In cases where such parent, guardian or Transporta- other person, on account of their poverty, are unable to fur- 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 sums, how and shall be paid out of any moneys in the general fund, not SSere 1 " 1 otherwise appropriated, and the auditor general shall charge char & ed - 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. (293) SEC. 3. Act number two hundred of the public Certain act acts of nineteen hundred five, entitled "An act to provide to 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 superintendent of the Michigan school for the deaf, and they shall enforce this act in the same manner as the said act Penalties, number two hundred of nineteen hundred five is enforce^. The same penalties prescribed for violation of said act are hereby prescribed for violation of this act. 142 STATE OF MICHIGAN. Time may remain in school. transfer. 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, P. A. 1893.] (295) 2017. SEC. 9. It shall be the duty of the secre- be entitled to remain in said school shall be twelve years, or the board of control may, in cases where they deem it advis- Dismissai and able, extend such time to fourteen years. This section shall not be so construed as to prohibit the said board of control 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. (295) 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 Duty of secretary of state. Census enumerator List of names of blind chil- dren, by whom made, verified, etc. GENERAL SCHOOL LAWS. 143 furnished by the department of public instruction to the sec retary of every school board within the state. The said TO whom list shall, after it has been properly verified, and within the forwarded - 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- Duty of supt. 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 it to be properly educated in the schools for the seeing with- in 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 superintendent of the Michigan school for the blind. (b) It shall be the duty of every parent, guardian, or other person, having control or charge of any child or chil- sent toM?ch- dren in the state of Michigan, between the ages of seven and f 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 exceptions. 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 Mich- Dutyofsup- igan school for the blind to furnish to the county commis- o?schooi! nt 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 Truant within the provisions of this act. Each truant officer shall, mcer> 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 144 STATE OF MICHIGAN. When super- intendent to notify truant officer. When to en- force act. Proceedings in indigent 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 any truant officer, determine whether or not the children 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 such steps against the parents, guardian or other person hav- ing charge or control of any such child or children, to en- 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, \vhen 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- Penalty for violation. Act applicable. GENERAL SCHOOL LAWS. 145 ' \. - Lli : teen hundred five are made applicable hereto except in as they may be inconsistent herewith. Am. Id. CARE AND INSTRUCTION OF BLIND BABIES. An Act to provide for the care, maintenance and instruction of blind babies and children under school age. [Act 258, P. A. 1013.] The People of the State of Michigan enact: (296) SECTION 1. The state board of education shall have Blind children, power to provide for the suitable care, maintenance and in- struction of babies and children under school age residing in this state, who may be born blind or become blind in any case where by reason of lack of means or other cause the parent or parents of such children may be unable to properly care for, maintain and educate such children. (297) SEC. 2. For the purpose of providing such care, Maintenance, maintenance and education the said board of education shall educatlon ' etc - have power to contract with any institution having or fur- nishing facilities for such care, maintenance and education in this or any other state at a contract price to be agreed upon, not exceeding five dollars per week per child: Pro- Proviso, vided, That such contract shall be made by and with the written consent of the parents or surviving parent of any such child. (298) SEC. 3. Such contract shall continue in force and Timecmw the care, maintenance and education provided therein shall continue until such child attains the age of six years. (299) SEC. 4. There shall be included in the tax to be Tax clause, levied for state school purposes, a rate sufficient to raise the sum of twenty-five hundred dollars, in addition to all other sums provided by law, which sum, or so much thereof as may be necessary, is hereby appropriated for the purpose of carry- ing out the provisions of this act. (300) SEC. 5. Nothing in this act contained shall be deemed to repeal or in any way modify any existing law with reference to the education of the deaf, dumb and blind. 19 146 STATE OF MICHIGAN. What chil- dren deemed truants or disorderly persons. Who to make complaint. Term of sentence. MISCELLANEOUS OFFENSES. An Act to prevent crime and to punish truancy. [Act 222, P. A. 1887.] The People of the State of Michigan enact: (301) 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 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 who 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 with labor, or who 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. Charge, held Insufficient to sustain a conviction. People v. Turja, 157 / 530. (302) 11766. SEC. 2. Upon the complaint upon oath and in writing made before any justice of the peace, police 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 other criminal magistrate, shall issue a warrant for the arrest of such minor, and upon conviction such minor, if a boy, may be sentenced by such justice of the peace, police 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 GENERAL SCHOOL LAWS. 147 to law : Provided, That no person or persons shall be sent proviso as to the said industrial school for boys or to the industrial ofsSSenSt' 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. (303) 11767. SEC. 3. The same proceedings shall be Proceedings had upon the trial of any person charged with being guilty upon tnal- of any of the offenses mentioned in section one of this act before the justice before whom such person is brought as are had in trials for misdemeanor, as far as the same are ap- plicable, and the state agent for the care of juvenile offenders Duty of of the county wherein such offenders may be on trial shall 8tate a s ent - 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. An Act to provide for the punishment of persons responsible for or contributing to the delinquency of children. [Act 314, P. A. 1907.] The People of the State of Michigan enact: (304) SECTION 1. In all cases where any child shall be a Parents, etc., 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 there- 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, provisoes to suspend sentence upon any person found guilty under this Sence n f act upon conditions which may be imposed by the court at the time of the suspension of such sentence. 148 STATE OF MICHIGAN. An Act to provide for the protection of children. (From this act only such portion is quoted as relates directly to students in schools.) [Act 260, P. A. 1881.] SenLTnot (305) 5554. SEC. 2. No minor child under seventeen permitted in years of age, nor any minor who is a student in any public, saloon, etc. p r j va te 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 billards, pool, cards, dice or any other un- 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 Misdemeanor, or kept for sale, where any such games are played. Any 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 place or to remain therein shall be deemed guilty of a mis- Penaity. demeanor, and on conviction thereof shall be punished by a 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 imprisonment in the discretion of the court. Am. 1905, Act 236 ; 1907, Act 55 ; 1909, Act 203. EMPLOYMENT OF CHILDREN. [Extract from Act 285, P. A. 1909.] Child under (306) SEC. 10. No child under the age of twenty-one years shall be employed, permitted or suffered to work in any theater, concert hall, or place of amusement where intoxicat- under fifteen, ing liquors are sold. No child under fifteen years of age shall be employed, permitted or suffered to work in or in connection with any mercantile institution, store, office, hotel, laundry, manufacturing establishment, mine, bowling alley, billiard or pool room conducted for profit, theater, passenger or freight elevator, factory or workshop, telegraph or mes- GENERAL SCHOOL LAWS. 149 senger service within this state : Provided, This section proviso, shall not apply to any child of the age of fourteen years or over, working during the established vacation period in pre- serving perishable goods in fruit or vegetable canning estab- lishments. It shall be the duty of every mercantile institu- tion, store, office, hotel, laundry, manufacturing establish- ment, mine, bowling alley, 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, jiegister of birthplace, age and place of residence of every person em- cm P lo y es - ployed under the age of sixteen years, and it shall be unlaw- ful for any such establishment or person to hire or employ, or permit to be hired or employed or suffered to work, any child under the age of sixteen years without there is first provided and placed on file in the business office thereof a permit issued by the superintendent of schools of the school Permit to district in which such child resides, or some one duly author- employ - ized by him in writing, or, where there is no superintendent of schools, by the county commissioner of schools, or some one duly authorized by him in writing, any of whom shall have power to administer oaths in relation thereto. Such permit shall be returned immediately to the issuing officer when such child leaves such employment; every limited va- cation permit, hereinafter to be described, shall, upon its ex- piration, be void and of no effect. The said register and Register and , . e , permit to be permit shall be produced for inspection on demand of any produced, factory inspector appointed under this act. No fee shall be charged for such permit or other record required by this act by any officer by whom it shall be issued. Every employer immunity of complying with the provisions of this section shall be at e] liberty to employ the person so presenting the permit herein- before referred to, and is justified in considering and treat- ing 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 and required to when to issue such permit shall not issue the same until he has re- 1! ceived, examined, approved and filed the following papers, duly executed: (a) The school report of said child .properly filled out school report, and signed as hereinafter provided: Provided, however, That when such permit is issued during the summer vaca- tion no such record shall be required, but all such permits, called in this act limited vacation permits, shall expire upon the first Monday in September, commonly called Labor day, shall contain a conspicuous statement of the time at which they shall expire and shall be of a special color distinct from regular permits; (b) A passport, or duly attested transcript of the record Record of of birth, as kept by any duly authorized public authority, ] 150 STATE OF MICHIGAN. Examination. or a record of baptism or other religious record, showing the date and place of birth of such child; statement of (c) A statement from a physician connected officially with the board or department of health, which shall be re- quired, however, only in case the above mentioned official or religious record cannot be produced, which statement shall certify that, in the opinion of the physician issuing said statement, the child is fifteen years of age or upwards, is in sound health and physically able to perform the work which it intends to do. Such statement shall also certify to the correct weight and height of said child, and shall be kept on file by the person issuing working permits ; such person may, in his discretion, require also an affidavit from the parents or other evidence as additional proof of age; (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 fifteen 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 co-lor of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the paper required by the pre- ceding sections has been duly examined, approved and filed, and that the child named in such permit has appeared be- fore the officer signing the same and been examined. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on demand to What to state a child entitled thereto. It shall contain a statement cer- tifying that the child has regularly attended the public school, or schools equivalent thereto, or parochial schools for not less than one hundred days during the school year previ- ous to his arriving at the age of fifteen years or during the year previous to applying for such school record, and is able to read intelligently and write legibly simple sentences in the English language, and in the case of the public schools, has passed satisfactorily the work of the school up to and including the work of the sixth grade, as provided in the course of study of the public schools, or in the case of schools other than public, the equivalent thereto. 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 parents or Permit, what to state. School record, how signed. GENERAL SCHOOL LAWS. 151 guardians or custodian : Provided, That in the case of limited Proviso, vacation permits the school record and all other requirements vS-atSn relating to educational qualifications shall be waived, but all permit, other requirements shall be complied with as prescribed in this section. Every month after the issuance of a permit the child shall report to the person who issued same, either in person or in writing, through its parent or guardian, stating that the child is employed, giving the name of employer and the location of the place of employment, and if not employed said child shall be compelled to attend school : Provided, Proviso, That nothing in this act shall be used to invalidate the right permit! 8 of any minor over the age of fourteen years to use a work- ing permit issued before the passage of this act. (e) Any person who shall make a false statement, tr an- False state- script, passport, school certificate, certificate of physical fit- n 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 a fine of Penalty, not less than ten nor more than one hundred dollars or im- prisonment for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. Am. 1911, Act 220; 1915, Act 255. Drake v. Industrial Works, 174 / 623. i FRATERNITIES, SORORITIES, ETC., ABOLISHED. An Act to abolish fraternities, sororities and all other secret societies among the pupils of the public schools of the state of Michigan. [Act 271, P. A. 1911.] The People of the State of Michigan enact: (307) SECTION 1. It shall be unlawful for any pupil of unlawful to the public schools of the state of Michigan in any manner to orgamze ' etc - organize, join or belong to any fraternity, sorority or any other secret society composed or made up of pupils of the public schools. (308) SEC. 2. It shall be the duty of every teacher, prin- Teacher, cipal, or superintendent, having knowledge or reason to be- u y lieve that such fraternity, sorority, or any other secret so- ciety is being organized or maintained in any of the schools of the state, or that any of the pupils attending said schools are organizing or belonging to such fraternity, sorority or any other secret society, to advise immediately the president or secretary of the board of education in charge of such 152 STATE OF MICHIGAN. Board of education, investiga- tion. schools, of such facts. Upon receipt of such notice, or of any other information that this act is being violated, the board of education shall proceed to investigate the facts con- cerning the same, and if after giving all pupils suspected of such violation a reasonable opportunity for a hearing, it shall satisfactorily appear to the board of education that any pupil has become connected with such an organization, or has promised to join such organization, the board shall take such steps as it shall deem necessary to abolish such organization, and it may inflict such punishment on the pupils so con- nected therewith as the board shall deem expedient. Am. 1913, Act 260. Penalty for neglect. (309) SEC. 3. Any officer, teacher, principal, superintend- ent or other person mentioned in this act neglecting to per- form any duty imposed upon him by this act, upon convic- tion thereof shall be fined not less than ten dollars nor more than twentv-five dollars for each offense. TEACHERS' ASSOCIATIONS. An Act to incorporate, teachers' associations. Fifteen or more teachers may form corporation. Notice to be published. May hold property. Restrictions upon its use. Privileges and liabilities of corporations. [Act 117, S. L. 1855.] The People of the State of Michigan enact: (310) 7730. SECTION 1. Any fifteen or more teachers, or other persons residing in this state, who shall associate for the purpose of promoting education and science, and im- provements in the theory and practice of teaching, may form themselves into a corporation, under such name as they may choose, providing they shall have published in some news- paper printed at Lansing, or in the county in which such association is to be located, for at least one month previous, a notice of the time, place and purpose of the meeting for such association, and shall file in the office of the secretary of state a copy of the constitution and by-laws of said asso- ciation. (311) 7731. SEC. 2. Such association may hold and possess real and personal property to the amount of five thousand dollars, but the funds or property thereof shall not be used for any other purpose than the legitimate business of the association in securing the objects of its corporation. (312) 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 GENERAL SCHOOL LAWS. 153 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. An Act to provide for a retirement fund for teachers in certain cases. [Act 174, P. A. 1915.] The People of the State of Michigan enact: (313) SECTION 1. There shall be a teachers' retirement Retirement fund board, hereinafter called the retirement fund board, con- f sisting of the superintendent of public instruction and five other members appointed by the governor. At least one of such members shall be a woman teacher in the public schools. The first appointments shall be made within ten days after this act takes effect. The members of such board first ap- Terms of pointed shall hold office respectively for terms of one, two, office - three, four and five years from August one, nineteen hun- dred fifteen, to be designated in the appointments. Their successors shall be appointed for terms of five years. A va- vacancies, cancy in the office of any member shall be filled for the un- expired term by the governor. (314) SEC. 2. There shall be a president, a vice-presi- officers of dent and a secretary of said board to be elected by a majority vote of the members of the board. The president and vice- Terms. president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board, but shall not exceed three years. The secretary shall not be a member of the board. His salary or compensation shall be secretary, fixed by the board, but shall not exceed eighteen hundred compensation, dollars a year. The members of the board shall serve with- Expenses, out compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing services as members thereof. The board shall Annual meet annually at Lansing, on the first Friday in October, meetin s- and shall hold such other meetings as they deem necessary. If a member of the board be absent from two consecutive Absence from meetings without reasonable excuse for such absence, accept- meetm & s - ed by the board, his office shall be declared vacant by the board, and such vacancy filled as hereinbefore provided. (315) SEC. 3. The state treasurer shall be ex-officio treas- Treasurer of urer of the retirement fund and shall be the custodian there- fund - of. The moneys belonging thereto shall be deposited by him careof in banks or trust companies, subject to the same provisions m 154 STATE OF MICHIGAN. Investment. Powers of board. Proviso, increase of contributions. Proviso, pro rata pay- ments. Rules. What to provide. of law as regulate the deposit of state funds. The retirement fund board shall determine from time to time the investment of the permanent retirement fund, but each investment shall be subject to the approval of the state treasurer and such fund shall only be invested in those securities in which sav- ings bank deposits may be lawfully invested. (316) SEC. 4. The retirement fund board, subject to the provisions of this act, shall have power: (1) To select such employes as may be necessary to carry into effect the provisions of this act, and fix their compensa- tion and prescribe their duties; (2) To investigate all matters relating to the operation of this act, and for that purpose to subpoena witnesses and compel their attendance to testify before it. Any member of the board may administer oaths or affirmations to such witnesses ; j |y (3) To require all boards, officers and persons having duties to perform hereunder in respect to contributions by teachers to the retirement fund, to report from time to time on such matters relating to such contribution as it shall deem advisable, and to prescribe the form of such reports; (4) To draw its warrants upon the state treasurer for the payment of annuities to teachers who have been retired as provided in this act, and for the purchase of such securities as the board shall have decided to purchase as herein pro- vided. No payment shall be made from the teachers' retire- ment fund, except upon warrant drawn pursuant to resolu- tion duly adopted by the board and signed and attested as the board may prescribe; (5) To increase the contributions from the teachers ac- cording to the provision made in section six of this act: Provided, That such increase shall not be made until the contributions from all sources, not including the principal of the permanent fund, are insufficient to carry out the provisions of this act: Provided, That after collecting the additional contributions as above provided, should there still be insufficient funds in any year to pay all annuities in full, then, and in such case, each teacher entitled to an annuity, shall be paid pro rata in same proportion as the amount of money on hand is to the amount due. (317) SEC. 5. The retirement fund board shall make rules not inconsistent with the provisions of this act, which, when approved by the superintendent of public instruction, shall have the force and effect of law. Such rules shall: (1) Provide for the conduct and regulation of the meet- ings of the board and the transaction of its business; (2) Prescribe the manner of payment of contributions by teachers to the retirement fund, and. the payment and methods of payment of annuities therefrom; GENERAL, SCHOOL LAWS. 155 (3) Establish a system of accounts, showing the condi- tion of said fund, the receipts, expenditures and investments; (4) Prescribe the forms of all accounts, warrants, reports and other documents to be used by all persons and officers having duties to perform under this act; (5) Regulate the performance of duties of boards of edu- cation, trustees, and other officers and persons, imposed up- on them by this act in respect to the contributions by teach- ers to the retirement fund, and the deduction of such con- tributions from teachers' salaries. (318) SEC. 6. (1) All teachers, except those, who, being contributions under contract when this act takes effect, do not elect to come fS n r | Urement under its provisions, shall contribute to the retirement fund according to the following provisions: (a) A teacher who shall have taught five years or less, in this state or elsewhere in public schools, shall contribute one-half per centum of his or her annual contractual salary, but not more than five dollars during any year : Provided, Proviso, That the retirement fund board may increase the contribu- tions to one per centum of his or her annual contractual salary, but to not more than ten dollars in any year. (b) A teacher who shaH have so taught more than five years, but less than fifteen years, shall contribute one per centum of his or her annual contractual salary, but not more than ten dollars during any year : Provided, That the Proviso, retirement fund board may increase the contribution to two l per centum of his or her annual contractual salary, but to not more than twenty dollars during any year. (c) A teacher who shall have so taught fifteen years or more, shall contribute two per centum of his or her annual contractual salary, but not more than twenty dollars during any year : Provided, That the retirement fund board may proviso, increase the contribution to three per centum of his or her ldem - annual contractual salary, but to not more than thirty dol- lars during any year. (2) After this act takes effect, every teacher contracting who deemed to. teach in the public schools, including all who under any agreeJto previous contract of employment have not elected to come contribute. under this act, shall, by so contracting, be conclusively deem- ed to agree to pay and to authorize the deduction from salary of the assessments herein provided. (3) Any person who when this act takes effect is employed g^nbution as a teacher in the public schools, may within the unexpired empfoyed. term of such employment elect to come under the provisions of this act by notifying in writing the retirement fund board, and -at the same time filing with the local school board or other body vested with control of such schools, a duplicate of such notice and an authorization to deduct from each subsequent installment of salary the proper assessment, as herein prescribed. 156 STATE OF MICHIGAN. Deductions from salaries. Failure to comply. Penalty. Recovery and disposition. Annuities upon retirement. Thirty years' service. Twenty-five years' service. Fifteen years' service. Proviso, last five years. (319) SEC. 7. Boards of education, trustees, and other school authorities, having duties to perform in respect to the payment of salaries to school teachers who are under this act, shall cause to be deducted from each installment of salary of such teachers the pro rata amount due from such teachers to the teachers' retirement fund, and forward the same to the treasurer thereof, as prescribed by the retire- ment fund board. Every officer and person failing to perform any duty prescribed by this act, shall be liable to a penalty of fifty dollars for each offense, to be recovered in an action of debt in the name of the people of the state of Michigan. And in case of any such liability, the attorney general, up- on requisition -of the retirement fund board, shall prosecute and recover the penalty herein provided, and when recovered pay the same to the treasurer of the school district who shall place the same to the credit of the library fund of the said district. (320) SEC. 8. A teacher who has taught for a period or periods aggregating thirty years, of which period at least fifteen years, including the last five years of service preced- ing the application for retirement, shall have been spent in the public schools in this state, shall, upon and during re- tirement from actual service as a teacher on or after Decem- ber one, nineteen hundred fifteen, be entitled to an annuity of a sum equal to one-half of the average annual contractual salary paid to said teacher during the last five years of service, but no such annuity shall exceed five hundred dollars nor be less than three hundred dollars. A teacher who has taught for a period or periods aggregating twenty-five years, of which period at least fifteen years, including the last five years of service preceding the application for retirement, shall have been spent in the public schools of this state, shall, upon and during retirement from actual service as a teacher, on or after December one, nineteen hundred fifteen, be en- titled to an annuity which bears the same ratio to the an- nuity provided for on retirement after thirty years of service as the total number of years of service of said person bears to thirty years. A teacher who, having taught in the public schools of this state for a period or periods aggregating fif- teen years or more and being in the judgment of the employ- ing board either physically or mentally incapable of teaching, is deemed deserving of an annuity by the retirement fuml board, may be retired, and shall, upon retirement, be entitled to an annuity of as many thirtieths of the full annuity here- in provided after thirty years' service as said teacher has taught years in the public schools of this state. The time spent in teaching in any public institution of this state shall, for the purposes of this section, count as part of the aggre- gate time of teaching: Provided, That the last five years of service shall have been that of a teacher as defined by this GENERAL SCHOOL LAWS. 157 act. Retirement may be had on request of the teacher or Retirement, upon the request of a board of education or other governing how had - body of a school district. Request for retirement shall be Request, made in writing addressed to the retirement fund board, ac- companied by evidence showing that the teacher named is entitled to retirement, and has complied with the provisions of this act, and the rules of the board relating to the pay- ment of annuities. The board shall pass upon all requests Determina- for retirement and shall determine whether such requests^oTrd 7 should be granted. In computing terms of service under this what deemed act, a year shall be a legal school year at the time and place yea where said service was rendered, except that the time of service outside the state shall be reckoned by the number of years that the number of weeks taught would make of legal school years in this state. (321) SEC. 9. 1. No teacher shall be entitled to an who not annuity who has not contributed to the retirement fund an |nuity. to amount equal to at least one hundred per centum of his or or her annuity for one year. But a teacher otherwise entitled {*JJJ I JJ ay to retirement and to an annuity under this act, may become annuitant. an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to his or her previous contributions to said fund, will equal one hundred per centum of his or her annuity for one year, or if unable to pay in advance the sum required to make up the said one hundred per centum of the yearly annuity, by authorizing the withholding of such annuity un- til the amount withheld shall equal the sum required to make up said one hundred per centum. The amount so withheld shall be credited to said retirement fund. 2. Annuities shall be paid quarterly to the teachers en- Annuities titled thereto, upon the warrants or orders of the retirement JuarteSy. fund board. Vouchers or receipts therefor shall be signed in duplicate by annuitants. Said duplicate receipts shall be Duplicate - i 11 ,1 i -t -i j-i in vouchers. returned to the secretary of the board, and one of them shall be retained in his office and the other shall be filed in the office of the state treasurer. 3. Each annuity shall date from the time when the retire- Date of ment fund board shall grant the application for the retire- a ment of the annuitant. (322) SEC. 10. Any teacher who shall cease to teach in Ration of the public schools of this state before receiving any annuity from the retirement fund, shall, if application be made in writ- ing to the retirement fund board within four months after the date of such cessation, be entitled to the return of one-half of the amount, without interest, which shall have been paid in- to the fund by such teacher. If such teacher should again Retu rn to thereafter teach in said public schools, he or she shall, within e one year from the date of his or her return to the service iu said public schools, return to the retirement fund the 158 STATE OP MICHIGAN. Resumption of teaching. Definition of "teacher.' Others included. amount so returned to such teacher, together with simple interest on said amount at the rate of five per centum per annum, for the time such amount was withdrawn from the fund. (323) SEC. 11. If any person retiring under this act shall resume teaching in this state or elsewhere, the annuity paid to such person shall cease during the time of teaching, but shall again be paid after a subsequent retirement. (324) SEC. 12. The term "teacher" as used in this act shall include all persons employed in teaching by any city board of education or school board of any city, town, village or rural school district in this state, and all superintendents and assistant superintendents of said schools, all supervisors of instruction, all principals and assistant principals, and special teachers of said schools. It shall include county school commissioners, county normal teachers, the superin- tendent of public instruction and his deputies. It shall in- clude all persons employed in teaching or educational work in the following public institutions: Industrial home for girls, industrial home for boys, Michigan employment in- stitution for the blind, school for the blind, school for the deaf and state public school and state normal colleges and normal schools. The words "retirement fund" as used in this act shall mean the Michigan state teachers' retire- ment fund for public school teachers as established by this act. (325) SEC. 13. There is hereby established the Michigan state teachers' retirement fund for public school teachers, which shall consist of (1) All contributions made by teachers as herein pro- vided ; (2) All donations, gifts, legacies and bequests which shall be made to establish a permanent fund, of which the income but not the principal shall be used for the purposes hereof; (3) The income derived from the investment of said per- manent fund. (326) SEC. 14. This act shall not apply to any school district wherein public school teachers are required or au- thorized to contribute to a teachers' retirement fund, or in which such teacher? are entitled to annuities or pensions, in accordance with any special or local act: Provided, how- ever, That any school district, now having a local teachers' retirement fund may, upon request of two-thirds of the teachers contributing to said fund, by a majority vote of the qualified electors of said school district, discontinue said fund, and then the provisions of this act shall apply to such district in like manner as to other districts of the state. Thereupon all funds held for the purpose of such local re- tirement or annuity fund, after payment of any outstand- ing obligations other than annuities, shall be paid into the "Retirement fund" defined. Of what fund to consist. Act not to apply. Proviso, when to apply. GENERAL SCHOOL LAWS. 159 state treasury and credited to the permanent retirement fund herein provided for. All persons who previously to such de- termination by the state retirement fund board have be- come entitled to annuity from such local fund, shall become annuitants under this act and shall receive the same maxi- mum amount thereafter that they would have received from such local fund, and the teachers of such district shall con- tribute thereafter to the state retirement fund, as is provided in section six of this act, and shall be entitled to the same- rights and privileges hereunder and be subject to the same duties and obligations as are the teachers of other dis- tricts. STATE ACCOUNTS. An Act to provide for the safe keeping of public moneys. [Act 131, P. A. 1875.] The People of the State of Michigan enact: .(327) 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. (328) . 1198. SEC. 2. It shall be the duty of every offi- Pubiicmoneys cer charged with the receiving, keeping, or disbursing of pub- separate P from lie 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. (329) 1199. SEC. 3. No such officer shall, under any HOW used. pretext, use, nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation without legal authority so to do. (330) 1200. SEC. 4. In all cases where public moneys interest on are authorized to be deposited in any bank, or to be loaned to constitute 78 to any individual, firm, or corporation, for interest, the inter- est accruing upon such public moneys shall belong to and 160 STATE OF MICHIGAN. constitute a general fund of the state, county, or other public or municipal corporation, as the case may be. (331) 1201. SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable con- sideration as an inducement for the deposit of any public- moneys with any particular bank, person, firm, or corpora- tion. (332) 1202. SEC. 6. The provisions of this act shall apply to all deputies of such officer or officers, and to all clerks, agents, and servants of such officer or officers. (333) 1203. SEC. 7. Any person guilty of a violation of any of the provisions of this act shall, on conviction there- of, be punished by a fine not exceeding one thousand dollars, 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 prevent a prosecution under the general statute for embezzle- ment in cases where the facts warrant a prosecution under such general statute. (334) 1204. SEC. 8. Any officer who shall wilfully or corruptly draw or issue any warrant, order, or certificate for the payment of money in excess of the amount authorized by 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. Officers not to receive con- sideration for deposits of money. Provisions of act to apply to deputies, etc. Penalty for violating provisions of act. Proviso. Penalty for illegal pay- ment of money. Damage certificates, examination of, etc. Proportion- ate of c ate payment REGULATIONS RELATIVE TO DOGS AND SHEEP. (From this chapter is quoted only the section relating to the apportion- ment of the surplus dog tax to school districts.) [Act 48, P. A. 1901.] (335) SEC. 6. At the annual meeting of the township board in each year, and at a meeting of the common council of each city in April of each year, the said board or council, as the case may be, shall examine all certificates of damage filed by the clerk as aforesaid, during the 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 afore- said, if it be sufficient for that purpose, and if not sufficient, they may order a proportionate payment of each claim. If the money in the fund aforesaid shall not be sufficient to pay all claims in full the balances on said claims remaining un- paid shall stand as claims against the aforesaid fund at the succeeding annual meetings of said board, or said council, as GENERAL SCHOOL LAWS. 161 the case may be, until said claims are paid in full, and the 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- Apportion- mains of such fund after satisfactory payment of all claims aforesaid in any one year, over and above the sum of one hundred dollars, it shall be apportioned among the several ___ school districts of such township or city in proportion to the number of children therein of school age, unless the town- ship board or the city council shall determine to retain an Amount amount of such money so remaining not to exceed three hun- may retam dred dollars, in which case only the amount over and above the sum so determined shall be so apportioned : Provided, Proviso. That no payment of loss shall be made as provided for in this section, unless the party applying for the same shall make it appear to the satisfaction of the township board or common council that he has made all due efforts and has not been able to obtain satisfaction therefor from the owner or owners of the dog or dogs which shall have done the damage, 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 and other taxes. STATE BOARD OF EDUCATION. An Act to revise and consolidate the laws relative to the state board of education. [Act 194, P. A. 1889.] The People of the State of Michigan enact: (336) 1812. SECTION 1. That for the purpose of ren- TO be a body dering more efficient their organization, and to enable them. corpor more fully to carry into effect the provisions of the constitu- tion relative thereto, the state board of education shall be and they are constituted a body politic and corporate, and are hereby empowered to purchase, have, hold, possess and TO hold prop- enjoy to themselves and their successors, all the lands, tene ments, hereditaments, goods, chattels and effects of every etc - kind now belonging to the state normal school or that may hereafter be acquired by the same; and the same to grant, 21 162 STATE OP MICHIGAN. alien, invest, sell and dispose of; to sue and [to] be sued, plead and be impleaded, in all the courts in this state; to have and to use a 'seal, and the same to change, alter and 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- 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 of 1897. See acts 138 and 178 of 1849, establishing a state normal school. Proviso. Further proviso. Power of board. Quorum. Processes. Of th normal school. Proviso. Members not to act as agent for publishers, etc. Course of study, train- ing school, etc. Certificate to teach, when granted, term of, etc. (337) 1813. SEC. 2. Said board shall have power to 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 majority of its members. All processes against said board of education shall be served on the president or secretary thereof. (338) 1814. SEC. 3. The state board of education shall continue the normal school at Ypsilanti in the county of 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 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. (339) 1815. SEC. 4. No member of said board of edu- cation shall, during his continuance in office, act as the agent of any publisher or publishers of school books or school library books, or be or become interested in the publication or sale of any such book or books as agent or otherwise. (340) 1816. SEC. 5. Said board shall provide all neces- sary courses of study to be pursued in the normal school and establish and maintain in connection therewith a fully equip- "ped training school as a school of observation and practice, 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. (341) 1817. SEC. 6. Upon the completion of the course specially prescribed as hereinbefore provided for the rural and elementary graded schools, said board of education shall, GENERAL SCHOOL LAWS. 163 upon the recommendation of the principal and a majority of 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- Proviso. 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. (342) 1818. SEC. 7. Upon the completion of either of wfecertm- the advanced courses of study prescribed by said state board, gra?ted, h etc. which shall require not less than four years for their comple- tion, said board of education, upon the recommendation of the principal and a majority of the heads of the departments of said school, shall issue a certificate to the person complet ing said course, which certificate shall be referred to in the diploma hereinbefore provided to be granted. Said certificate May be shall set forth a list of the studies of the course completed revok and, when given, shall operate as a life certificate, unless re- voked by said state board of education. (343) 1819. SEC. 8. The board of education shall Admission make such regulations for the admission of pupils to said pui school as it shall deem necessary and proper : Provided, That Proviso, the applicant shall, before admission, sign a declaration of intention to teach in the schools in this state. (344) 1820. SEC. 9. Said board of education shall ap- TO appoint point each year three visitors whose duty it shall be to ex- JSrf'of.'etc. amine thoroughly into the affairs of the normal school and report their views with regard to its condition and any other matters they may judge expedient, to the said board of 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 Proviso, any board of visitors. (345) 1821. SEC. 10. Said board of education shall Report of " make to the legislature, at every regular session thereof, a re- tents of,etc. 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 164 STATE OF MICHIGAN. moneys received and expended, with an itemized statement of receipts and expenditures, as near as may be. how a Sect r ed; ( 346 ) 1822 - SEC - 1L The board sha11 elect a treasurer. bond, amount who shall furnish bonds with two sureties, or a surety bond 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 Cost of bond, his duties. Whenever the treasurer shall furnish a surety 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 s * ate aud itors. Such treasurer shall receive such compensa- tion as to the board may seem just. Am. 1909, Act 224. (347) 1823. SEC. 12. The ten sections of salt spring of, etc lands located by the board of education under the provisions of sections fifteen and sixteen of "An act to establish a state normal school," approved March twenty-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 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 Minimum GENERAL, SCHOOL LAWS. 165 by purchasers of said lands, shall be passed to the credit of the normal school interest fund. (348) 1824. SEC. 13. The normal school interest fund, Board to . ' have control and any moneys which may be from time to time appropri- of funds, etc. 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, Proviso, 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. (349) 1825. SEC. 14. The members of the state board Compensation of education shall receive three dollars per day for their of board - 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. (350) 1826. SEC. 15. Said board shall hold at least one Meeting of meeting each year, at which they shall examine teachers, and shall grant certificates to such as have taught in the schools of the state at least two years and who shall, upon a thorough and critical examination in every study required for such, certificate, be found to possess eminent scholarship, ability and good moral character. Such certificate shall be signed Certificate. by the members of said board, and be impressed with its seal, and shall entitle the holder to teach in any of the public schools of this state without further examination, and shall be valid for life unless revoked by said board. No certificate shall be granted except upon the examination herein pre- scribed : Provided, That the said state board of education Proviso, may, in its discretion, indorse state teachers' certificates J3 d c ertata ent granted upon examinations, normal school diplomas or certifi- certificates, cates, or other state certificates granted in other states, if it be shown to the satisfaction of said board that such certificates 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 ; 1915, Act 13. (351) 1827. SEC. 16. The said board shall examine all certain text- text-books in physiology and hygiene offered for use in the public schools of this state, and approve those only which comply with the law relative to the space required to be de- 166 STATE OF MICHIGAN. voted to the consideration of the nature and effects of al- coholic drinks and narcotics, as provided in act one hundred and sixty-four of the public acts of eighteen hundred and eighty-seven. It shall also be the duty of said board to dis- tribute to the various educational institutions of the state such specimens of copper, iron and other ores and rocks pre- scribed for such distribution under the provisions of section three of act nine of the public acts of eighteen hundred and seventy-seven, being compiler's section eight hundred and forty-one of HowelPs annotated statutes. The act of 1887 referred to is act 165, Instead of 164. It amends section 15, Ch. 3 of the general laws of 1881 relative to public instruction and will be found in section 61 of this compilation. Disposition of insurance moneys, etc. Certificate filed with county com- missioner. (352) 1828. SEC. 17. All insurance moneys or means 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. (353) 1828-a. SEC. 18. Any person holding a certifi- cate issued or approved by the authority of the state board of education, desiring to teach in any school under the juris- diction of a county commissioner of schools shall file the said certificate, or a copy of the same, in the office of the com- missioner of schools in the county in which he or she desires to teach. Added 1901, Act 155. Central Michigan normal school established. State board of education to procure deed of con- veyance, etc. NORMAL SCHOOLS. An Act to establish a normal school in central Michigan. [Act 261, P. A. 1895.] The People of the State of Michigan enact: (354) 1829. SECTION 1. That a 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, 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 "normal campus," and being a block of land in area between eight and ten acres. (355) 1830. SEC. 2. The state board of education is hereby authorized and directed to procure a good and suf- ficient deed of conveyance, to be accompanied with abstract of title and tax history, to be approved by the attorney gen- GENERAL SCHOOL LAWS. 167 eral, conveying to the said board of education and its suc- cessors a good and unincumbered title in fee simple to said lands and buildings thereon, for such school, and a proper article of sale of all the library, school furniture and ap- paratus therein, said lands and buildings and personal 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. (356) 1831. SEC. 3. Said school shall be under andj^oouo^ subject to the control of the state board of education, aecord-of st e ate 01 ing to the provisions of act number one hundred ninety-four educat?on. 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. The act referred to immediately precedes this. See sections 336-353. An Act to change the name of the "Michigan State Normal School" to "Michigan State Normal College." [Act 52, P. A. 1899.] The People of the State of Michigan enact: (357) SECTION 1. The institution now known and desig- change name nated under the name and style of "Michigan State Normal sc School" shall hereafter be known as the "Michigan State Normal College.' 7 Sec. 2, repealing clause. An Act to provide for the location, establishment and conduct of a normal school at Marquette, in the upper peninsula of this state, and to make an appropriation for the same. [Act 61, P. A. 1899.] The People of the State of Michigan enact: (358) SECTION 1. That a normal school shall be located Name of at Marquette, to be known as the northern state normal sc school, for the purpose of instructing persons in the several Purpose, branches pertaining to a public school education, and in the science and the art of teaching the same. (359) SEC. 2. The state board of education is hereby selection authorized to procure a suitable site for the grounds and of site> buildings for said normal school, which site shall consist of 168 STATE OF MICHIGAN. Area and location. Deed or conveyance. at least twenty acres of land, located within one and one-half miles of the present location of the postoffice in said city of Marquette. Said state board of education shall pay for such site a sum not exceeding one dollar, which sum is hereby 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 shall procure good and sufficient deed or conveyance of such 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 unincumbered 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. control of (360) SEC. 6. The said northern state normal school shall be under and subject to the control of the state board of 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. Name, etc. Site, how and by whom secured. An Act to provide for the locating, establishing and maintaining of a state normal school in the western part of the state, to make appropriations therefor and to provide a tax to meet the same. [Act 156, P. A. 1903.] The People of the State of Michigan enact: (361) SECTION 1. A state normal school shall be located, 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. (362) SEC. 2. The state board of education is hereby authorized and directed to procure a suitable site of not less than twenty acres for the building and grounds for said normal school. Said state board of education shall pay GENERAL SCHOOL LAWS. 169 for such site a sum not exceeding one dollar, to be drawn on the requisition of said state board of education, and the war- rant of the auditor general, as other moneys and appropria- tions 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 ap- . propriated for the fiscal year ending June thirtieth, nineteen hundred four, for the purpose of carrying out the provisions of this section. Sections 3 and 4 provided appropriations for buildings and maintenance of school. (363) SEC. 5. The said western state normal school g^jj; n . shall be under and subject to the control of the state board trolled, etc. 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 6 and 7 prescribed manner of payment of appropriations, and tax clause. An Act to provide for physical training in the state normal schools and in certain city districts. [Act 40, P. A. 1911.] The People of the State of Michigan enact: (364) SECTION 1. Physical training shall be included in where the branches to be regularly taught in public schools in city tau ^ ht school districts having a population of more than ten thou- sand arid in the state normal schools, subject to such rules and regulations as the superintendent of public instruction may prescribe, and it shall be the duty of the boards of edu- cation in such city school districts and of the state board of education to make provisions in the schools and institutions under their jurisdiction for the introduction of a systematic and educational course of physical training; to engage com- petent instructors; to provide the necessary equipments; to establish and conduct same; and to adopt such methods as shall adapt the same to the capacity of the pupils in the vari- 170 STATE OP MICHIGAN. ous grades therein ; and other boards may make such provi- sions. The curriculum in all normal schools of this state shall contain a regular teacher's course on physical educa- tion under competent jurisdiction. Powers of board. Proviso. 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. [Act 202, P. A. 1903.] The People of the State of Michigan enact: (365) 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 act authorizing the state board of education to grant certificates and main- tain uniformity in courses of stud^ in the normal schools. Number that may incorporate. 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, P. A. 1899.] The People of the State of Michigan enact: (366) SECTION 1. Any five or more persons of full age residing in the state of Michigan may associate and incorpo- 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- GENERAL SCHOOL LAWS. 171 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. (367) SEC. 2. Articles of association shall be executed Manner of in- in duplicate, by the persons so associating themselves to- c gether in the first instance, and shall be acknowledged by 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 v 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. (368) SEC. 3. The articles of association shall contain : Articles of V-. . , . , , association. First, The names and places of residence of the persons associated in the first instance; Second, The name or title by which such association shall be known in law, and the period for which it is incorporated, not exceeding thirty years; Third, The objects for which it was organized ; Fourth, The number of its trustees or managers to manage the same, and the names of such trustees or managers for the first year of its existence. (369) SEC. 4. The affairs of such corporation shall be General \ management. under the general management of not less than five nor more than fifteen trustees, to be chosen by the members thereof, and to hold office for some time, not exceeding five years, as shall be provided by the articles of association ; and the classification ,. , . .. -, n i >^ . . j T_ of trustees. 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 By-laws. be adopted by the trustees, who may change them at pleas- ure. The majority of the trustees shall be a quorum to trans- act business. The articles of association of any such corpo- Amendments, ration 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. (370) SEC. 5. All the funds received by any corporation organized under this act shall be used, after paying neces- sary expenses, for the exclusive purpose or purposes set fortli 172 STATE OF MICHIGAN. May receive real and personal estate. Proviso, may specify kinds of securities. 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, mortgage, sell or lease the same for the use of said associa- tion; and it shall be lawful to invest the same upon mort- gage, or in or by loans on notes or bonds, or municipal, county, state or United States securities; or deposit the same in any reliable bank on interest; but no loans shall be made to any trustee or officer of such corporation: Pro- vided, 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 in- vested in any securities other than those named in its arti- cles, 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 corpo- ration 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. (371) 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 election of officers, directors or trustees, in .such manner as may.be directed by the articles of association and by-laws of said corporation. (372) SEC. 7. The articles of association filed as re- quired by this act, or a copy thereof certified by the officer with whom they are so filed, may be given in evidence in any court of this state for or against said corporation. Said cor- poration shall possess the general power conferred by and subject to the provisions and restrictions of chapter two hundred thirty of the compiled laws of the state of Michigan of eighteen hundred ninety-seven, so far as the same may be applicable to corporations formed under this act. Election of officers, Articles may be used in court. General power of cor- poration. * GENERAL SCHOOL LAWS. * 173 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, P. A. 1899.] The People of the State of Michigan enact: (373) SECTION 1. The governor, with the advice and con-~Prsonnei of sent of the senate, shall appoint four persons, residents of cc 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- vacancies wise, shall be filled by the governor, with the advice and con- sent of the senate. (374) 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 commis sion. state, and to all communities which may propose 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. (375) SEC. 3. It shall be the duty of all free libraries Reports to organized under the laws of the state, whether general or cc special, to make an annual report to the board of library commissioners, which report shall conform as near as may be reasonable and convenient, as to time and form such rules as the board may prescribe. Sections 4 and 5 of this act are repealed by act 274 of 1909. APPROPRIATION FOR STATE BOARD OF LIBRARY COM- MISSIONERS. [Extract from Act 95, P. A. 1915.] The People of the State of Michigan enact: (376) SECTION 1. There is hereby appropriated for each of the fiscal years ending June thirty, nineteen hundred sixteen, and June thirty, nineteen hundred seventeen, the sum of five thousand five hundred dollars, to be expended by the state 174 STATE OF MICHIGAN. Purposes. Instructors. Secretary. Printing and binding. board of library commissioners as follows : For defraying expenses of organizing libraries and conducting library in- stitutes and training schools, two thousand five hundred dol- lars; for traveling expenses of organizers and the board, one thousand dollars; for secretary and clerical assistance, sup- plies and incidentals, two thousand dollars. Instructors suitable for this work shall be selected by the board, and all the expenses incurred thereby, together with the expenses of said board, whether within or outside the state, supplies and incidentals necessary for the work, shall be paid out of the appropriation. The board may appoint one of its members as secretary, and such secretary may receive such sum as shall be agreed upon by the board. The printing and binding nec- essary to carry on the work of said board shall be furnished by the board of state auditors and paid for out of the general fund as other state printing and binding is paid for. Boards of education, authority of, etc. To issue certificates or bonds. Proviso. FREE PUBLIC LIBRARIES. An Act to authorize boards of education to provide for the mainte- nance of free public libraries existing under the control of boards of education of the cities; to authorize and empower said boards of education to raise or borrow money and issue bonds in sufficient sum to purchase property or site, erect and maintain buildings for use as a free public library and other educational purposes. [Act 261, P. A. 1913.] The People of the State of Michigan enact: (377) SECTION 1. Boards of education in cities where free public libraries are under control of such boards of educa- tion by reason of existing charters or otherwise, from and after the passage of this act are hereby authorized and em- powered to include in their annual estimate a sum or. sums sufficient to properly care for and defray the expense of maintenance and to purchase new books required for such libraries. (378) SEC. 2. Boards of education in cities having the control of free public libraries by reason of existing charters or otherwise are hereby authorized and empowered to raise money, either by including the amount in their annual esti- mates, or to borrow same on the faith and credit of said school district, and to issue certificates or bonds to secure the payment of the sums borrowed; sufficient to purchase property for a site and to provide the money necessary to erect, equip and maintain buildings for a free public library and other educational uses: Provided, That when any bond issue shall be provided for under the terms of this act such GENERAL SCHOOL LAWS. 175 bonds shall not be issued for a period of more than ten years. No bonds provided for in this act shall be issued until is- Referendum. suance of same shall have been submitted to the electors of the district affected and approved by a majority of the elec- tors voting thereon. Sec. 3 repeals all contravening acts. 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, P. A. 1899.] (379) SBC. 11. There shall be printed of the annual re- Annual report port of the superintendent of public instruction, a sufficient ^derft^of number to supply all school libraries in the state with one public in- copy each, also one copy each to the following persons or st institutions : To each superintendent of public instruction, state university, college of mines and state normal school distributed. 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 P a s es - 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 Proviso, cost for special paper, if necessary for such cuts, and also the cost of making such cuts : Provided further, That the Further state superintendent of public instruction may prepare and p have published for the district schools a state course of study ; for the teachers' institutes, institute outlines ; and, from time to time, such educational bulletins as he may deem *Remainder of title, repealing clause. 176 STATE OP MICHIGAN. 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. Duty of county com- missioners. Expense of distribution. Receipt to secretary of state. Notification by secretary f state. (380) SEC. 32. It shall be the duty of the county com- 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, jour- nals, documents and reports mentioned in this act, whose dis- tribution is not otherwise provided for; and said laws, jour- nals, documents, and reports shall be shipped to the sev- eral county clerks and county commissioners of schools in the state, afid 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 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. (381) 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 mouth 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 GENERAL, SCHOOL LAWS. 177 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 OF RECORDS : See Murta v. Carr, 140 / 606. An Act to provide for the dissemination, publication and distribution to school districts of this state of pamphlets, documents, books and circulars written, compiled, published or prepared by any depart- ment of state government, or by any institution maintained in whole or in part by this state. [Act 265, P. A. 1915.] The People of the State of Michigan enact: (382) SECTION 1. On or before the first day of October, Lists of nineteen hundred fifteen, and on or before the first day every month thereafter, it shall be the duty of the head of etc< every department of state government, and all other institu- tions maintained in whole or in part by this state, to prepare and transmit to the superintendent of public instruction a detailed list of all pamphlets, documents, books and circulars compiled, published or prepared by such department or in- stitution. (383) SEC. 2. On or before ten days after receipt by the Selection of superintendent of public instruction of the lists prepared and educational 6 transmitted in compliance with the provisions of section one value ' of this act, it shall be the duty of the superintendent of public instruction and the secretary of the public domain commis- sion, to convene in the office of the superintendent of public instruction and there examine said lists and select therefrom such pamphlets, documents, books and circulars as they 23 178 STATE OP MICHIGAN. Transmission of selections. Transmission of pamphlets, etc., to schools. Proviso, printing of additional copies. deem have an educational value. After the examination and selection as provided herein, it shall be the duty of the su- perintendent of public instruction and the secretary of the public domain commission to transmit to the head of each department and institution, a list of the selections made from the lists transmitted by the heads of such departments or institutions. Upon receipt of this selected list by the heads of such departments or institutions, it shall be their duty to transmit such pamphlets, documents, books and circulars as may be necessary to supply the school districts of the state, to the superintendent of public instruction and he shall apportion and transmit such pamphlets, documents, books and circulars to the school districts, to be the property of the school library : Provided, That the heads of the state depart- ments and the heads of the state institutions mentioned in section one of this act are hereby authorized and required to have printed such additional copies of all pamphlets, docu- ments, books and circulars as may be required for distribu tion under section two of this act. RURAL HIGH SCHOOLS. An Act to provide for the establishment and maintenance of rural high schools. [Act 144, P. A. 1901.] Petition of taxpayers. The People of the State of Michigan enact: (384) 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, or for the discontinuance of any rural high school es- tablished under the provisions of this act, shall submit such question to a vote of the qualified electors of said township at a special election called for that purpose within sixty days from date of receipt of said petition. Am. 1915, Act 22. (385) SEC. 2. All elections ordered by any township board in pursuance of section one of this act shall be held at the usual place or places of holding township elections, and notice shall be given and the election conducted in all re- how spects as provided by law for the election of township offi- condu2?ed v cers, and the ballots* shall have printed thereon "for rural high school Yes." "For rural high school No," or in the case of the discontinuance of any rural high school estab- Submit vote at special election. Elections held at usual place. Notice given. GENERAL SCHOOL LAWS. 179 lished under the provisions of this act, "For discontinuance of rural high school Yes.' 7 "For discontinuance of rural high school No." Am. Id. (386) SEC. 3. If more votes are cast in favor of, such high Bo | rd e f h school than against it at such election, the qualified electors elected?' ^ of said township shall elect at their next annual election of JjgJ!^ Ol township officers a board of trustees of three members, one for one year, one for two years and one for three years, and on the expiration of their terms of office and regularly there- after their several successors shall be elected in like manner for a term of three years each : Provided, That when a rural Proviso, high school shall have been established by the 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 be ex officio mem- ber and treasurer of the board, with the same power as other members of the board. If two-thirds of the votes cast are in Disccntin- favor of .the discontinuance of any rural high school, such rural high school shall be discontinued in the same manner as is provided by law for the discontinuance of district schools. Am. 1909, Act 97 ; 1915, Act 22. (387) 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 and to admit and provide rates of tuition for non-resi- 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 180 STATE OP MICHIGAN. 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 schoolhouses, 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. (388) SEC. 5. The secretary of the board shall receive not to exceed fifty dollars per annum for his services. It shall be his duty to keep the records, provide supplies, visit the 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 pub- lic instruction shall direct. (389) SEC. 6. All orders on the treasurer for moneys shall be ordered by the board and signed by the secretary and president. (390) SEC. 7. A majority of the taxpayers of the town- ship shall determine the amount to be expended in the grounds and building of said school and may bond the town- Salary of secretary. Duty of secretary. Orders for money. Limit of bond. GENERAL SCHOOL LAWS. 181 ship for such amount: Provided, That the amount of said Proviso, bonds shall not exceed five thousand dollars, and that the period of such bonds shall not continue beyond ten years. (391) SEC. 8. The high schools established under the pro- under super- visions of this act shall be under the supervision of the Sfssfonl C01 county commissioner of schools, and all questions of manage- ment, support and control arising under the provisions of this act and not expressly provided for therein shall be sub- ject to the provisions of the general school laws of this state. Sec. 9. Repealing clause. INFORMATION REGARDING LIBRARIES. An Act to secure information regarding all public or school libraries in this state. [Act 134, P. A. 1903.] The People of the State of Michigan enact: (392) SECTION 1. Hereafter it shall be the duty of the ^JJlS to librarian of any and all public libraries, including township, nuai report, 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 clay of June in each year. (393) SEC. 2. It shall be the duty of the county commis- ^jjhom^ sioner of schools in each county, immediately after receiv- mSsioner of ing the reports from the several libraries in his county and 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. Repeal^ Act 199, P. A. 1901. 182 STATE OF MICHIGAN. 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 provisions of this act. [Act 65, P. A. 1909.] Tuition, etc., to high school. Proviso, notice. Proviso, surplus money. Tax to be reported. High school defined. The People of the State of Michigan enact: (394) SECTION 1. The district board or board of educa- tion of any school 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 any high school of any children of school age, residents of said district at the time of giving notice as hereinafter provided, who have completed the studies of the eight grades, not exceeding in amount twenty dollars per pupil per year, unless the voters appro- priate a larger sum at the annual school meeting, and may vote a tax to pay the transportation during school days of such children, such tuition to be paid by the treasurer of the district in which the pupil resided at the time of giving the notice herein provided, to the treasurer of the district where the high school attended is located : Provided, That a parent or the legal guardian of such children, or the person in par- ental relation to such children, shall give written notice to the district board or board of education on or before the fourth Monday of June, that such children desire to attend any high school during the ensuing year. Upon receiving written notice of children eligible to attend high schools, the district board or board of education shall vote a tax sufficient to cover the necessary expense for tuition as herein provided, and may vote a tax sufficient to cover the necessary expense for daily transportation of such children: Provided, That any surplus moneys in the treasury of said district belonging to the primary fund may be used in paying necessary tuition in lieu of a tax therefor. Am. 1911, Act 14; 1913, Act 268. (395) 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. (396) SEC. 4. A high school shall be a graded school maintaining twelve grades of work with at least three teach- ers devoting their entire teaching time to the work of the GENERAL, SCHOOL, LAWS. 183 seventh, eighth, ninth, tenth, eleventh and twelfth grades, or two teachers devoting their entire teaching time to the work of the eighth, ninth, tenth, eleventh and twelfth grades : Provided, That a graded district having a course of at least Proviso, ten ten grades with one teacher, devoting his- entire teaching time gra( to the eighth, ninth and tenth grades, shall not be obliged to pay the tuition of its pupils to a twelve grade school until such pupils have finished ten grades of work in their own district : Provided further, That the district board in a pri- mary school district may pay the tuition of its pupils who have satisfactorily passed the county eighth grade examina- tion as hereinafter specified to a graded school district main- taining ten grades of work for a period not exceeding two school years, after which the tuition of such children shall be paid to a high school as provided in this act. Added 1911, Act 14; Am. 1915, Act 8. (397) SEC. 5. Pupils eligible to have their tuition paid shall be the holders of county eighth grade diplomas granted by the county boards of examiners in the several counties under rules and regulations prescribed by the superintend- ent of public instruction, or shall have completed eight grades of work in a graded school district as evidenced by the written statement of the superintendent of schools in such graded school district. Added Id. An Act to enable district boards and boards of education to pay tuition to another district. [Act 21, P. A. 1913.] The People of the State of Michigan enact: . (398) SECTION 1. The district board or board of educa- Tuition to tion in all primary, graded and township unit districts of the n< state may use money in the general fund of said district for the purpose of paying tuition to some other district or dis- tricts, of children who have not completed eight grades of work, in cases where such children are nearer to the school- house in another district than to the schoolhouse in their own district, and may vote a tax for such purpose. 184 STATE OF MICHIGAN. Truant officer may investigate. Relief may be granted. Amount paid to family. Monthly re- port to be made by truant officer. Proviso. Monthly re- port to be made by teacher. CHILDREN OF INDIGENT PARENTS. An Act to provide means whereby children of indigent parents, with- in school age, may attend school. [Act 198, P. A. 1911.] The People of the State of Michigan enact: (399) SECTION 1. Any truant officer of this state when authorized by the board of education to investigate, and when satisfied that any child within his jurisdiction, required by law to attend school, is unable so to do by reason of the fact that the services of such child are absolutely required for the support of himself or herself, or to assist in the sup- port or care -of others legally entitled to his or her services, such person or persons being unable to support or care for themselves, such truant officer shall report the case to the board of education of the school district in which such child may reside, and such board of education shall be authorized to and may in their discretion grant such relief as will enable the child to attend school during the entire school year. In all cases where such relief is necessary the said board of edu- cation shall be authorized to, and may in their discretion, furnish to such child the necessary text-books free of charge, in addition to such other necessary assistance or support. (400) SEC. 2. For the purposes in this act provided such board of education shall pay, during the school year, to the family of such child a sum not to exceed three dollars a week, nor more than six dollars a week for the children of any one family. Said money shall be paid in the same manner and out of the same fund as are the current expenses for the main- tenance of public schools. (401) SEC. 3. It shall be the duty of the truant officer or treasurer of the school board in any district where a child is receiving aid under the provisions of this act to disburse the funds herein provided for, and to investigate the environment of the child, and to make an itemized report monthly to the school board or some officer appointed by the board, of the manner in which such funds were expended : Provided, That in cities having a juvenile court such investigation shall be made by such court. (402) SEC. 4. The truant officer shall notify the teacher to whom any child receiving aid under the provisions of this act may be assigned, and it shall be the duty of the teacher having charge of such child to report monthly to the school board through the superintendent of schools, the progress such child is making in his or her school work, and the record of attendance together with such other information as may be deemed necessary. Said truant officer shall receive the same compensation for the time so engaged under the pro- GENERAL SCHOOL LAWS. 185 visions of this act as he receives for similar services per- formed by him and shall be paid in the same manner. COUNTY NORMAL TRAINING CLASSES. An Act for the establishment of county normal training classes and for the maintenance and control of the same. [Act 241, P. A. 1903.] The People of the State of Michigan enact: (403) SECTION 1. Upon the notification by the board of when and education of a district In a county not having a state normal established, 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 proviso, such training class shall be established in any county: And, Provided further, That not more than ten such, classes shall Further be established in the state in any one year. (404) SEC. 2. The superintendent of public instruction county nor- together with the county commissioner of schools of the Sm con- df county and the superintendent of the schools in the district stituted. 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 Proviso, 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. (405) SEC. 3. The duties of the county normal board 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. (406) SEC. 4. The certificates of graduation shall qualify the holder to teach in the public schools as follows^ First, The certificate of graduation shall qualify the holder 186 STATE OP MICHIGAN. Proviso. 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 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. Maintenance of training classes. District to provide teachers, rooms, etc. When state to reimburse district. Amount. Proviso. Board to estimate expenses. Supervisors to make ap- propriation. Proviso. (407) SEC. 5. For the purpose of maintaining such nor- mal training classes as are herein prescribed, it is further provided : First, That the district receiving permission to establish a county normal training class shall provide teachers, and rooms with heating and equipment satisfactory to the super- intendent of public instruction, and said board shall include in the expense budget of the district such sum as may be necessary for these purposes; Second, That the auditor general annually, on or before the thirtieth day of June, upon the certificate of the superin- tendent of public instruction that the equipment and in- struction of any county normal training class has been satis- factory, 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 the training school, to be paid out of the general fund: Provided, That in no case shall the total of such ap- propriation exceed one thousand dollars in any county during any school year; Third, In any district establishing a county normal train- 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 shall appropriate out of the general fund of the county one- half of the balance due for instruction, as shown by the 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 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. GENERAL SCHOOL LAWS. 187 (408) SEC. 6. On or before the thirtieth day of June of commissioner each year, it shall be the duty of the county commissioner of duty h of ls> schools to certify to the county clerk the balance between the total cost of instruction for the current year and the amount appropriated by the auditor general. Upon receipt J^ to of such certificate, 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 dis- trict establishing the normal training class : Provided, That Proviso, such order shall not exceed the amount appropriated by the board of supervisors according to the provisions of this act. Am. Id. (409) SEC. 7. All moneys remaining in the county nor- Disposal of mal fund upon the first of * September of each year shall be Muid der returned to the general fund of the county. TRADE, VOCATIONAL, INDUSTRIAL, MARINE, ETC., SCHOOLS. An Act empowering school districts in the state of Michigan to estab- lish and maintain trade, vocational, industrial, marine and manual training schools, school gymnasiums and scholarships, and to accept gifts, legacies and devises, [Act 22, P. A. 1911.] The People of the State of Michigan enact: (410) SECTION 1. Any school district, with the consent Authority to of a majority of the qualified electors voting at any annual e meeting of such district or at any special meeting thereof duly called for the purpose, shall through its school board have power to establish, conduct and maintain trade, indus- trial, marine, vocational and manual training schools and school gymnasiums within said school district ; to control and classify and to restrict the number of pupils and the terms of their attendance therein; to prescribe the course of studies and work and to employ the necessary teachers- and instruct- ors therein; to acquire the necessary sites; to acquire, con- T O acquire struct and provide the necessary buildings and equipments, in g e g s ; e b t c ild books and supplies therefor; to defray the cost and expense thereof by general tax upon the taxable property of said school district, and to issue the bonds of said school district to meet any temporary loans required for any of the purposes aforesaid. (411) SEC. 2. Said school district with the like consent Legacies, etc. shall through its school board have power to accept and use, care for, control, invest and keep invested as permanent funds any gifts, legacies or devises whatsoever heretofore or here- 188 STATE OF MICHIGAN. after made to said school district for any of said above named purposes, or for university or college scholarships or for gen- eral school objects, and to carry into effect the terms and Endowment conditions thereof. All permanent and endowment funds shall be under the control of said school board. Any action of said school district and of its school board heretofore taken with respect to any gifts, legacies or devises already made to said school district for trade and industrial school and scholarship purposes is hereby legalized. Certain actions legalized. ACQUISITION OF LANDS. An Act to authorize boards of education to acquire and control lands for sites for school houses, agricultural sites, athletic fields arid play-grounds, and to establish, equip and maintain trade and other vocational schools and to acquire lands for such purpose outside the district limits. [Act 222, P. A. 1911.] The People of the State of Michigan enact: Districts, to which applicable. (412) SECTION 1. The board of education of any organ- ized school district containing a population of one hundred thousand or more shall have full power and authority to lo- cate, purchase or lease, in the name of the district, such site or sites for school houses, agricultural sites, athletic fields and play-grounds as ^may be necessary out of the funds pro- vided for that purpose, and may make sale of any site or other property of the district which is no longer required for May establish school purposes, and may also establish, equip and maintain efc!, C scho(Ss. agricultural, trade and other vocational schools, and if deem- ed necessary by such board may acquire land for such pur- pose outside the district limits. COUNTY SCHOOLS OF AGRICULTURE. An Act to provide for the establishment of county schools of agri- culture, manual training and domestic economy. [Act 35, P. A. 1907.] The People of the State of Michigan enact: Duty of (413) SECTION 1. The board of supervisors of any county supervisors, is hereby authorized to appropriate money for the organiza- tion, equipment and maintenance of any county school of agriculture, manual training and domestic economy: Pro- GENERAL SCHOOL LAWS. 189 vided, That upon petition of not less than ten per cent of the qualified electors of any county, said ten per cent shall be determined by the total number of votes cast for secretary of state at the last preceding November election, and the board of suprvisors shall submit the question of the estab- lishment of a county school of agriculture, manual training and domestic economy at a general election or a special elec- tion called for that purpose. If a majority of the electors voting upon such proposition shall vote in favor of the es- tablishment of such school, it shall be the duty of the board of supervisors to provide for the organization, equipment and maintenance of such school as in this act provided. When- ever the board of supervisors of the county shall by a two- thirds vote of all members elect, resolve to contract indebted- ness or issue bonds to raise money for the organization, equip- ment and maintenance of such school, the question shall be submitted to the vote of the electors of the county at a gen- eral or special election to be called for that purpose. Notice submission of the submission of such resolution to the vote of the elec- to tors and, in case a special election is called, notice of the call- ing of such special election shall be given in the same man- ner and for the same length of time as is now prescribed by law for general elections. If a majority of the electors of the county, voting on such resolution, shall vote in favor thereof, it shall be deemed to have carried. The returns of the election 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 declaring the results in city, county and dis- trict elections. The manner of stating the question upon the ballots shall be prescribed by the resolution of the board of supervisors. Am. 1913, Act 361. (414) SEC. 2. A board to be known as the county school county school board is hereby created, which shall have charge and control powers ed> 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 cc 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- how fiUed - pointment made by the chairman of the board of supervisors, 190 STATE OP MICHIGAN. Oath, where filed. Bond. Organization of board. 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 the county school board shall, within ten days after the 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 his 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 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 members thereof shall meet and organize by electing one of 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. (415) SEC. 3. Whenever two or more counties unite in establishing such a school, the provisions of section two of this act shall apply to the organization of the county school board, and to filling vacancies therein: Provided, That the 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 term of two years, but no member of the county board of supervisors shall be eligible. (416) SEC. 4. Whenever two or more counties shall unite in establishing and maintaining a school under the provi- sions of this act, the county school board herein provided shall,, on or before the first day of October in each year, de- termine the amount of money necessary for the equipment and maintenance of said school for the ensuing year, which said amount they shall apportion among the counties in pro- portion to the assessed valuation of each county as last fixed by the state board of equalization and shall report their esti- mate and apportionment to the county clerk of each county, who shall lay said report before the board of supervisors at its annual meeting. The amount so apportioned to each county shall be levied by the board of supervisors of such county, as a portion of the county tax for the ensuing year, for the support of the said school. Proceedings when two or more counties unite in es- tablishing. Proviso. County school board to ap- portion ex- penses. Tax levy. GENERAL SCHOOL LAWS. 191 (417) SEC. 5. The county treasurer of the county in Treasurer of 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 orders 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. (418) SEC. 6. In the county schools of agriculture and instruction domestic economy organized under the provisions of this act, tc 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. (419) SEC. 7. Each such school shall have connected with school to it a tract of land suitable for purposes of experiment and have land- demonstration, of not less than ten acres in area. (420) SEC. 8. The schools organized under the provisions school to of this act shall be free to the inhabitants of the county or b< 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 admis- sion to the school during the winter months in sufficient num- ber 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. (421) SEC. 9. The state superintendent of public instruc- superintend- tion shall give such information and assistance and establish ?ns\ruction! c such requirements as may seem necessary for the proper or- duty of 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- ployed in such schools : Provided, That no person shall be Proviso as to eligible to a position as superintendent of any school estab- SS e schooi. 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. (422) SEC. 10. Any school established under the provi- Schools, when sions of this act, whose course of study and the qualifications approve*? list, of 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 192 STATE OP MICHIGAN. least twenty thousand dollars in buildings and equipment, and shall have acquired title to at least eighty acres of land to be used in connection with said school, may, upon appli- cation, be placed upon the approved list of county schools of agriculture, manual training and domestic economy. A 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 Annual report, of the superintendent of public instruction. On the first day in July of each year the secretary of each county 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 em- ployed, and if more than one county contributes to the sup- port 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 the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight months during the year, closing on the thir- tieth day of the preceding June, the said superintendent shall make a certificate to that effect and file it with the auditor general. Upon receiving such certificate, the auditor general shall draw his warrant payable to the treasurer of the county maintaining such school for a sum equal to two-thirds the amount actually expended for maintaining such school dur- ing the year: Provided, That the total sum so apportioned shall not exceed four thousand dollars to any one school in any one year : Provided further, That any such school receiv- ing state aid shall be free to the inhabitants of the state on such terms as may be provided by said board and the super- intendent of public instruction. When more than one county has contributed to the support of the school, the auditor gen- eral shall draw his warrant payable to the treasurer of each county for such portion of the state aid as the amount con- tributed by his county is part of the total amount contri- buted by all the counties for the support of the school for the preceding year. The auditor general shall annually, begin- ning in the year nineteen hundred thirteen, include and ap- portion in the state tax such sum as shall have been so paid. Amount drawn. Proviso. Further proviso. Tax clause. Added 1909, Act 219 ; Am. 1911, Act 29 ; 1913, Act 12. GENERAL SCHOOL LAWS. 193 An Act to authorize the board of supervisors of each county to ap- propriate or raise money by tax for the encouragement of improved methods of farm management and practical instruction and de- monstration in agriculture. [Act 3, P. A. 1912 (Sec. Ex. Sess.).] The People of the State of Michigan enact: (423) SECTION 1. The board of supervisors of each county is hereby authorized to appropriate or raise money by etc., super- tax to be used for co-operative work with the Michigan agri- IpproprSte cultural college in encouraging improved methods of farm mone y for - management and practical instruction and demonstration in agriculture. It shall be the duty of each board of super- visors making an appropriation, or of any county in which any money shall be raised for the purposes of this act, prior to the time same is available for use, to prescribe rules and regulations for the use and expenditure of same. The money HOW used, so appropriated or raised by tax shall be used and expended under the direction of the board of supervisors in co-opera- tion with the Michigan agricultural college. No part of any money so appropriated or raised shall be used to compensate or pay the expenses of any representative of the Michigan agricultural college. It shall be the duty of the state board ^culture of agriculture to co-operate with each board of supervisors to cooperate, appropriating money, or of any county in which money is raised by tax under authority of this act, and render such as- sistance as may be necessary to aid in carrying out the pro- visions of this act. An Act giving the assent of the legislature of the state of Michigan to the grant of moneys from the United States by act of congress ap- proved May eight, nineteen hundred fourteen, entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July two, eighteen hundred sixty-two, and of acts supplementary thereto, and the United States depart- ment of agriculture," and designating the officer to whom the pay- ments are to be made. [Act 65, P. A. 1915.] The People of the State of Michigan enact: (424) SECTION 1. The legislative assent required by sec- tion three of an act of congress, approved May eight, nine- teen hundred fourteen, being an act entitled "An act to pro- vide for co-operative agricultural extension work between the agricultural colleges in the- several states receiving the bene- 25 194 STATE OF MICHIGAN. fits of an act of congress approved July two, eighteen hun- dred sixty-two, and of acts supplementary thereto, and the United States department of agriculture," is hereby granted, and the moneys thereby given are accepted under the terms and conditions expressed in- the act of congress aforesaid. (425) SEC. 2. The moneys derived by authority of said act shall be exclusively used in support of co-operative agricul- tural extension work, to be carried on by Michigan agricul- tural college, and the secretary of the state board of agri- TO whom paid, culture is hereby designated as the officer to whom such funds should be paid. Moneys, how used 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 main- tain 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. Day schools for deaf, when estab- lished, etc. Report to superintend- ent of public instruction. Annual budget. State treas- urer to reim- burse district. [Act 224, P. A. 1905.] The People of the State of Michigan enact: (426) 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. (427) 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. (428) SEC. 3. The board of education of the city or dis- trict where a day school for the deaf is established shall in- clude 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 Jn each year, upon the warrant of the GENERAL SCHOOL LAWS. 195 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 superintendent of public instruction : Provided, That Proviso as to the total amount paid on account of any one school district or city 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 in- struction of any such pupil so instructed less than nine months during each year: And be it further Provided, That Jjjf e viso as to the title for all school appliances purchased shall vest in the state and inventory thereof filed with the superintendent of public instruction July first of each year. (429) SEC. 4. The district board or board of education vouchers, 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 trip- licate 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 district is required to forward two copies of these re- superintend- ceipted vouchers to the superintendent of public instruction within 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. (430) SEC. 5. All teachers in such schools shall be ap- Employment pointed and employed as other public school teachers are ap- etc. ea< 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 training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The ^{j^ to be so-called "oral" system shall be taught by such teachers, and taught- if after a fair trial of nine months, any of such children shall for any reason be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child, so unable to learn such oral method, in such primary schools. (431) SEC. 6. For the purpose of this act, any person of sound mind who, by reason of defective hearing, cannot profitably be educated in the public schools, as other children are, shall be considered deaf. Sec, 7. Repeals Act 176, 196 STATE OF MICHIGAN. PAYMENT OF SUBCONTRACTORS. 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. 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, P. A. 1905.] The People of the State of Michigan enact: (432) 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. (433) SEC. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work 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. (434) 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 i;he state, county, city, village, township, or school district as aforesaid, and shall be GENERAL SCHOOL LAWS. 197 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 subcontrac- tor 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 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. (435) SEC. 4. Such bond may be prosecuted and a re- Recovery co very had by any person, firm or corporation- to whom any O n bond d 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 materials contracted for by him : And Provided further, Further That in no case brought under the provisions of this act shall p] the 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, P. A. 1895, Chap. XXXII. ] (436) 3338. SECTION 1. Each city incorporated under city to con- this act shall constitute a single schpol district. Such school Schoof dlsfrict. 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- sonal property as is authorized to be purchased, acquired or 198 STATE OP MICHIGAN. Proviso as to reincor- porated cities and villages. Board of education, of whom to consist. Annual election. Term of office. disposed of by this chapter: Provided, That if in any village re-incorporated as a city or any city re-incorporated under and 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 gov- erned by the provisions of this chapter, but all the laws and regulations 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. Act 279 of 1909, sec. 4, as amended by Act 5 of 1913, known as the "Home Rule" act, in paragraph (f), providing "for the establishment of any depart- ment" deemed "necessary for the general welfare of the city," expressly ex- cepts "public schools." A municipal corporation may receive and hold personal property in trust for educational purposes. Hatheway v. Sackett, 82 / 97. Also for library pur- poses. Maynard v. Woodard, 36 / 423. Exercise of the veto power by the president of the Bay City school board. Lichtig v. Saginaw Circuit Judge, 180 / 667. (437) 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. school (438) 3340. SEC. 3. Such annual election of school eiectum'of. trustees as above provided shall be held at such places, not exceeding five, in each city as the board of education shall designate. In the designation of such places it shall be the duty of said board to choose places most convenient for the Proviso, polls, accommodation of the voters: Provided, That there shall be not more than one polling place in any one ward. The polls shall be open at nine o'clock in the forenoon and shall con- tinue open, without intermission or adjournment, until the hour of eight o'clock in the afternoon, 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 names of candidates upon the ballots, the printing of the ballots, erection of booths, etc., in the manner arid in conformity with the provisions of law governing in the ca'se of annual township elections. All the penalties of the general election law relative to neglect of duty or violation of the terms of this act shall be applicable. The members of Election, how conducted, etc. Penalties. GENERAL SCHOOL LAWS. 199 the said school board shall be governed by the same re- strictions and shall perform similar duties to those prescribed for the township board at annual township meetings. Notice Notice of of the time and places of holding such elections shall be "given by the secretary of the board not less than fifteen days before the said election by placing such notices in three of the most public places in each ward of the city, and by .publishing a copy thereof in one or more newspapers published in the city for the same length of time before the election. On or before the twentieth day of June in each year the board of education shall appoint three elec- tion commissioners. All nominations for the office of trus- Nominations, tee shall be made by petition signed by at least twenty-five qualified electors of said district. All nomination petitions shall be filed by the respective candidates with said elec- tion commissioners at least five days before the election. The Election com- said election commissioners shall, after the time during which duty? 18 ' nomination petitions may be filed has elapsed, proceed to de- termine by lot the place which each candidate shall have upon the official ballot; and thereupon said commissioners shall cause to be printed ballots in the same manner and form as 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; 1911, Act 221. (439) 3341. SEC. 4. The board of education of such inspectors of public schools shall choose one member of said board and also another qualified elector of said city to act as inspectors of election in each polling place, and the electors present at the opening of each polling place shall choose another qualified elector of said district and the three together shall constitute a board of inspectors for such election at such polling place : Provided, That no candidate for trustee shall act as inspector proviso, of election, and if any of said trustees are so disqualified the board of education shall choose another qualified elector to act as such inspector of election, and if the persons so chosen as inspectors of election shall not be present at the opening of the polls or remain in attendance, the electors present may choose viva voce such number of electors present as shall constitute a board of three inspectors of such election, and if the two inspectors of election chosen by the board of educa- tion shall be present at the opening of the polls and remain in attendance the electors present shall choose one elector present who together with the two inspectors chosen by the board of education shall constitute a board of three inspectors 200 STATE OF MICHIGAN. Oath. Board of in- spectors, power of, etc. Proviso. Inspectors, duty of. Canvass. Report to board. Declaration of result. of election for each polling place. Each of said inspectors shall take the required oath to faithfully perform the duties of inspector of such election. Said board of inspectors of elec- tion in each polling place shall elect one of its number as chairman and one of its number as secretary of the board of inspectors. The qualifications of voters at such election or the school district meetings shall be such as are or may here- after be prescribed by the general election laws. The board of inspectors shall have the same authority and power in maintaining and enforcing order and obedience to its lawful commands at such elections and during the canvass of the votes as are conferred by the general laws of the state upon school officers in similar cases: Provided, however, That electors shall cast their votes at the polling place in the ward in which they reside if there be a polling place in such ward, and if no polling place is provided or held in such ward then the board of education of the said city shall designate the polling places where the voters of such ward having no poll- ing place shall vote, and in such event the board of education shall name in ,the notice of election the said polling places. Am. Id. (440) 3342. SEC. 5. The board of inspectors of each polling place shall make a poll list of names of persons voting at such election in that polling place. It shall also have the last school census or a copy thereof present at such elec- tion, open for inspection by any citizen ; it shall also have the right of access to the registration books of the several poll- ing places of the city if it deem it necessary, and for that purpose it may require the city clerk to attend such election with such registers in the voting places designated by the board of education. Am. Id. (441) 3343. SEC. 6. When said polls shall be finally closed the board of inspectors of the different polling places shall proceed publicly to count, determine and declare the number of votes cast and for whom, and shall on the same or on the next succeeding day make up and sign a statement in writing showing the whole number of votes cast and the number of votes cast for each person for whom votes were cast; such statement, together with the minutes and other papers of election, shall be filed with the secretary of the board of education. The inspectors of the several voting places shall forthwith report in writing to the secretary of said board the number of votes cast and for whom, and the number of votes cast for each person, which shall be filed with the secretary of the board of education. The person or per- sons who shall have received the highest number of votes for such office of trustee for the several terms designated upon GENERAL SCHOOL LAWS. 201 the ballot shall be declared elected by the board of trustees without delay, and if two or more persons shall have received an equal number of votes where only one trustee is to be elected, the said board of trustees shall choose one of said persons by lot as such trustee. The ballots shall, when the Ballots, dis- vote shall have been declared, be returned to the boxes and p( the boxes be locked and sealed and deposited with the secre- tary at the time of the filing of said statement. Each person Oath of office, so declared elected to the office of school trustee under the provisions of this act shall, within five days after he has been declared elected, qualify by taking and subscribing the re- quired oath of office and filing the same with the secretary of the board of education. Am. 1911, Act 221. 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, P. A. 1909.] The People of the State of Michigan enact: (442) SECTION 1. The commissioner of the state land sites for office is hereby authorized to sell sites to school districts, commissioner churches and cemetery associations from any lands held by mayseU - the state of Michigan as tax homestead lands, at such price as 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 P roviso - use - be used for such purpose, it shall revert to the state of Michigan. Act 270 of 1913 abolishes the office of commissioner of the state land office and transfers his duties to the public domain commission and the superintendent of public instruction. 202 STATE OP MICHIGAN. APPROVAL OF PLANS FOR SCHOOL BUILDINGS. An Act to require plans for all school buildings and for additions to school buildings, the cost of which shall exceed three hundred dol- lars, to be approved by the superintendent of public instruction, and to authorize the condemnation of school houses under certain condi- tions. [Act 17, P. A. 1915.] Plans to be submitted to superintend- ent of public instruction. Approval. Proviso, inspection during con- struction. Condemna- tion of schoolhouse. Notice to board of education. When super- intendent may close building. Proviso, placing in safe con- dition. Proviso, vacation of order to close The People of the State of Michigan enact: (443) SECTION 1. No school house shall hereafter be erected in any school district in this state, and no addition to a school building in any such district shall hereafter be erected, the cost of either of which shall exceed three hundred dollars, until the plans and specifications for the same shall have been submitted to the superintendent of public in- struction and his approval indorsed thereon. Such plans and specifications shall be submitted in duplicate and shall show in detail the ventilation, heating and lighting: Provided, That the said superintendent of public instruction shall have authority to inspect such building or buildings during the process of construction in order to determine that the provi- sions of this act are being complied with. (444) SEC. 2. The superintendent of public instruction shall have authority to inspect and condemn school houses. After an inspection of a school house, if in the judgment of the said superintendent of public instruction such building, or any part thereof, is not in a safe and sanitary condition, notice thereof shall be given to the district board or board of education of the district in which such building is located, said notice to be given at least six months preceding the first day of August. On the first day of August following such notice given, if said building has not been placed in a safe and sanitary condition by the district board or board of education, said superintendent of public instruction shall have authority to close such building, or a part thereof, and such building, or part thereof, shall not again be opened for public use until such building, or part thereof, shall have been placed in a safe and sanitary condition to the satisfac- tion of the said superintendent of public instruction : Pro- vided, That after such building, or part thereof, has been closed for public use said superintendent of public instruc- tion shall be authorized and he is hereby required to have such building, or part thereof, placed in a safe and sanitary condition at the expense of the district: Pro- vided, That any district board or board of education, being dissatisfied with the order of the superintendent of public instruction determining such schoolhouse to be in an unsafe or insanitary condition, may within thirty days of the issuance of such order and notice thereof, commence GENERAL SCHOOL LAWS. 203 an action in the circuit court in chancery for the county in which such schoolhouse is located, against the superintend- ent of public instruction as defendant, to vacate and set aside such order on the ground that said order is unlawful or unreasonable; in which suit the superintendent of public instruction shall be served with subpoena and a copy of the complaint. (445) SEC. 3. No tax voted by a district meeting, or other J x a p x e t d to be competent authority in any such school -district, exceeding without the sum of three hundred dollars for building purposes, shall oTpians t10 be expended by the district board or board of education of such district until the superintendent of public instruction shall certify that the plans and specifications for the same comply with the provisions of this act. SCHOOL BONDS. An Act to exempt from taxation bonds hereafter issued by any county, township, city, village or school district within the state of Michi- gan. [Act 88, P. A. 1909.] The People of the State of Michigan enact: (446) SECTION 1. All bonds hereafter issued by any county, township, city, village or school dis-trict within the taxation state of Michigan pursuant to statute are hereby exempted from all taxation. Sec. 2 repeals inconsistent acts. An Act to prescribe and limit the power of school districts having a population of more than fifteen thousand and less than one hundred thousand to borrow money and issue bonds of such district there- for, and to repeal all acts and parts of acts inconsistent herewith. [Act 150, P. A. 1915.] The People of the State of Michigan enact: (447) SECTION 1. Any school district within the state of Power to Michigan, whose population shall exceed fifteen thousand and nT be less than one hundred thousand, shall have power and bonds- authority to borrow money and issue bonds to an amount not greater than five per cent of the total assessed valuation of said district. Subject, however, to all provisions of law Referendum now or hereafter in force relative to the submission to the 204 STATE OF MICHIGAN. electors of such districts of any or all questions relative to such borrowing of money and issuing of bonds therefor. (448) SEC. 2. All acts or parts of acts, whether local or general, in anywise conflicting with the provisions of this act are hereby repealed. FIRE PROTECTION IN THE SCHOOLS. [Extract from Act 285, ;P. A. 1909.] Inspectors ?449) KEC. 13. Factory inspectors shall have power to power to condemn all school houses if in their opinion they are unsafe and liable to collapse and cause the lives of children to be en- dangered; also factory inspectors shall have power to order fire escapes on all manufacturing establishments, hotels, stores, theaters, schools, halls, public and office buildings two or more stories in height, and apartment houses three or more stories in height, if in the opinion of the factory inspec- tor it be necessary to insure the safety of persons in such places ; said fire escape or means of egress, or as many there- of as may be deemed sufficient by the inspector, shall be pro- vided, and where it is necessary to provide fire escapes on the outside of such building they shall consist of landings and balconies at each floor above the first, to be built according to Doors to open specifications provided by the factory inspector. All doors in school houses and the doors of the capitol building and all state institutions shall open outward. Factory inspectors shall in writing notify the owner, agent or lessee of such manufacturing establishments, hotels, stores, theaters, schools, halls, apartment houses and public and office build- ings of the required location and specifications of such escapes as may be ordered and as to all failures to comply Penalty. with the provisions of this act. Any person, firm or corpora- tion, or any member of any school board, who shall violate or cause to be violated any of the provisions of this section, or shall fail or refuse to erect or cause to be erected any fire escape ordered by any factory inspector, under authority of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dol- lars nor more than one thousand dollars, or imprisoned for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court. Am. 1911, Act 251. GENERAL SCHOOL LAWS. 205 ESTABLISHMENT, ETC., OF HIGHWAY TO SCHOOL BUILDING. [Extract from Chap. I, Act 283, P. A. 1909.] (450) SEC. 10. * * * * The said township board shall gj cause to be established and improved a public highway to schooi each and every public school building in any organized school district in every township, and where a highway is already laid out and established, and not improved and made pass- able to any such public school building, the said board shall cause the same to be so improved and made passable for public use. APPENDIX. APPENDIX. FORMS FOR PROCEEDINGS UNDER THE SCHOOL I>AWS. 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 SIB The township board of the township of have formed a school district in said township, to be known as district No and bounded as fol- lows: [Here insert the description.] The first meeting of said district will be held at , on the day of 19 , at o'clock, . .M., and you are instructed to notify every legal voter of said district of the same, at least five days previous to said meeting, either personally or by leaving a written notice at his place of residence. You will indorse on this notice a return, showing each notification, with the date or dates thereof, and deliver the same to the chairman of said meet- ing. Dated this day of , 19 (Signed.) C D , Clerk 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 G 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.] FORM No. 3. Endorsement upon the notice (Form No. 1) by Taxable Inhabitant. [See sections 28, 29, 43.] I, A '. . B , hereby return the within (or annexed) notice, hav- ing notified the qualified voters of the district, as follows: 27 210 APPENDIX. NAMES. DATE. How NOTIFIED. A B January 1, 19 Personally. C D January 1, 19 Written notice. E F January 2, 19 Personally. Dated this day of 19 (Signed.) A B FORM No. 4. Notice by Township Clerk to Director, of Alteration in District. [See section 37.] To the Director of School District No , Township of SIR 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 , 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 o'clock ..M., for the purpose of [here insert every object that is to be brought be- fore 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 APPENDIX. 211 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 E P , G H , Township Board. FORM 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 dis- trict No , township of , county of , are unable to fix a school site for said district and you are hereby requested to call a meeting 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 hav- ing failed, at a legal meeting, to establish a site for a schoolhouse, the township board hereby certifies that it has determined that the said site shall be as fol- lows: [Here insert description.] Given under our hands this. day of , 19 A B , C D , E F.- Township Board. FORM No. 9. Notice to Township 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 disbanding 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 taxpay- ers of said school district No of the township of has con- sented to the disbanding of said district and the consolidation of its territory with 212 APPENDIX. 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 school district No , township 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 School District and consolidation of territory. {See section 35.] , Michigan, ,19.... To the Township 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 f shall be divided or consolidated with other school districts as in the judgment of the township board may be deemed best. (Signatures.) 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, tlje 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 APPENDIX. 213 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 Speciql 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 purpose [here insert every object that is to be brought before the meeting.] (Signed.) A B Director. FORM No. 14. Appointment of District Officers by District Boards. [See sections 49, 121, 259.] 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, 257.] I do hereby accept the office of in school district No of the township of Dated this day of 19 (Signed.) A B 214 APPENDIX. FORM No. 16. Affidavit of District Officers to accompany acceptance. [See section 51.] STATE OF MICHIGAN, ] I 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, a , this day of ., A. D. 19.. My commission expires. FORM No. 17. Treasurer's Bond. [See sections 72, 258.] KNOW ALL MEN BY THESE PRESENTS I That WC, 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 . . $ ; E F $ ; 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 ad- ministrators, 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 successor all books and papers appertaining to his said office, then this obligation shall be void, other- wise 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, APPENDIX. 215 Justification of Sureties on the foregoing Bond. C D and E F and G H and I J the sureties, whose names are sub- scribed 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 FORM No. 18. Order upon the Treasurer for Moneys to be Disbursed by him, with Receipt attached. [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, 264.] 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 , 19 C D , Director. [Countersigned] 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 216 APPENDIX. 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 school dis- trict 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 Township 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 quali- fied voters of school district No township of the following taxes were voted to be spread upon the property of the district for the ensuing year under the provisions of section 4665, C. L. 1897, as amended: For school sites $ For building schoolhouse For library For indebtedness [Specifiy other items.] Total tax $ 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. 22. Notice to Township Clerk of taxes voted by district board under the provisions of section 55. [See section 55.] 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 the following purposes, to be levied upon the property of said school district for the ensuing year: Teachers' wages $ School furnishings and appurtenances Care of property Water supply Premium on bonds Transportation of pupils Record books and blanks Deficiencies Services of officers Flag and flag staff Free textbooks General tuition Tuition of eighth grade pupils Total APPENDIX. 217 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 P , Treasurer. FORM No. 23. Notice by the Township Treasurer to the Township Cleric of Moneys to be Appor- tioned to Districts. [See sections 85, 86.] To the Clerk of the Township of , County of : SIB 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 : SIR Herewith find a statement of the number of children of school age in each school district of this township, entitled to draw public moneys, and the amount of moneys apportioned to each of said districts: Districts. No. of children in district. Primary school in- terest fund. 1 HJ One-mill tax. Surplus dog tax. District taxes. | 3 02 Total to each dis- trict. District No. 1 ... $ $ f -. t I $ District No. 2, fr'l Total J 5 < 3 5 J $ 218 APPENDIX. Dated this day of. , 19. FORM No. 25. Notice by Township Clerk to Directors, of Moneys belonging to the Districts. [See section 77.] A 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 Toivnship 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 pro- posed to be raised by taxation for school purposes in each of the several school districts of this township, as the same appears from the reports of the district boards of the several .districts now on file in my office: Districts. District No. 1 . TS '& District No/2, fr'l I... $... $... $... Which amounts you will assess upon the taxable property of each of said dis- tricts in accordance with the provisions of law. Dated this day of , 19 A B , Township Clerk. APPENDIX. 219 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 con- sideration 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 ap- purtenances 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 themselves, their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part and their as- signs, 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 indefeasible estate of inheritance in the law, in fee simple, and that the said lands and premises are free from all encumbrances, whatever; and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part and their assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend. In witness whereof, the said A B and C D his wife, party of the first part, have hereunto set their hands and seals, this day of , 19 A B , [SEAL] C D , [SEAL] Signed, sealed and delivered in presence of E F G H STATE OF ) ( ss. County of ) On this day of : . ., in the year one thousand nine hundred 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 instru- ment, who severally acknowledged the same to be their free act and deed. Witness my hand and official seal, the day and year last above named. J K [SEAL] My commission expires, FORM No. 28. Lease to school district. [See section 54.] KNOW ALL MEN BY THESE PRESENTS: 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 following 220 APPENDIX. parcel of land, to wit: [here insert description] with all the privileges and ap- purtenances 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 F , [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 suc- cessors in office: In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dollars, to be paid as hereinafter specified, the said A B hereby agrees to build a schoolhouse, and to furnish the material therefor, according to the plans and specifications for the erection of said house hereto appended, and at such point in said district as said district board may designate. The said house is to be built of the best material in a substantial, workmanlike manner, and is to be completed and delivered to the said district board or their successors in office, free from any lien for work done or material furnished, by the day of , 19 And in case the said house is not finished by the time here- in 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 re- maining sum of dollars when the said house is finished and delivered as herein stipulated. It is further agreed that this contract shall not i;e sub-let, transferred, or assigned without the consent of both parties. Witness our hands this day of , 19 A B Contractor. C D , E F , G H , District Board. APPENDIX. 221 FORM No. 30. Contract between district board and teacher. [See sections 59, 122, 262.] 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 and en- force 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 con- dition 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 in- struction 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 tile 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 attend- ance, the average daily attendance, and the percentage of attendance, together 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 provide a janitor, or allow the teacher dollar 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 ex- pire, or shall have said certificate annulled or suspended by the county board of school examiners or other lawful authority, h. . shall not be entitled to any com- pensation 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. 222 APPENDIX. auaiSA"jj PUB XSofoisAqj * * Vl 13 "2^3 12 fe S"o 3 'M "S ^S^ a Si H m S o w oipmq^v * * ^-5 S H o> 5 13 ^qdBaSoqiJO * * * 111 i ^ "3d .3 ^ S aou^pua ^B jo aS^^uaDjaj w ^1^ S-I^S? g * }|B X|iBp aS^aaAy l ll? ^8 *- _ ^ -g^ OS iH sA"Bp at aauBpca^B IBJOJ, 8 oo CO g^ 3 g Su ii-ll ^ c,'53ofl g^ H11 ^ Mfl|g ^5^ ii?>sii ft o >* = *" ^ 1- o 8 llJ^lll _, 1 5 S-a a o flo ^ " * * ^ o ^ 5 :. .10 **4 e a 2 1 M = | fe .2 - F-I g -M ^j^i w S a & g H 1 .2 SftHllj W> fe|^>.Ja <3 ," fc V _$ S w >* ^ a '01 A~.ren.iqaj * * Iff mi Q o -g X^naqaj c o 3 ^ ti -<-> 53 02 d 9 Anmmir * cc 5 I|5| S *|| *s fclfcl-ssl o| asy t - s o ^ J P'S. -g 3 2 ilSWl .g8_ F^ Q^ * a^ gi ^ t! ! 5 33 l s g=^ TO 0) 3S& 3 E 1 PQ Q d w hereby certify that the above is )TE. The above register, properly certified by the t n days" is designed to embrace the number of day e words "for weeks commencing" in the above for 3h pupil. To ascertain the "average daily attenda iachers. To ascertain" "percentage of attendance," ider the provisions of (4680) Sec. 15, the teacher is ic, with special reference to the effect of alcohol anc g. ON - (M CO *|Pi5=>{ &3 APPENDIX. 223 FORM No. 32. Office of Commissioner of Schools. [See Section 287.] , ^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 287.] , 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. Very respectfully, Teacher. 224 APPENDIX. FORM No. 34. Notice of commissioner of schools to county truant officer. [See sections 287, 288.] , Michigan, , 19. Truant Officer of County: SIR You are hereby notified that the following named children in the dis- tricts 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 288.] , 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 pub- lic 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. FORM No. 36. Notice to teacher of formal notice to parent. [See section 288.] , Michigan, 19. You are hereby notified that on , 19 formal notice was served on . : that the child . , under his control should be in regular an'd consecutive attendance at public school beginning on the day following thci re- APPENDIX. 225 ceipt 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 288.] 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.) FOBM No. 38. Notice to truant officer in city or village. [See section 288.] , 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 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. Very respectfully, Superintendent. 29 226 APPENDIX. FORM No. 39. Notice to parents or guardians in cities or villages. [See section 288.] , 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 pub- lic 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, ~by teacher, of deaf children not in attendance at schools for the deaf. [See section 293.] , 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. NAME OF CHILD. NAME OF PARENT. ADDRESS. Very respectfully, Teacher. APPENDIX. 227 FORM No. 41. Notice of commissioner or truant officer to superintendent of State School for the Deaf. [See section 293.] , 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. NAME OF CHILD. NAME OF PARENT. ADDRESS. DISTRICT, TOWNSHIP OR CITY. Very respectfully, Commissioner or Truant Officer. FORM No. 42. Notice to parents or guardians by truant officer. [See section 293.] , 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 hav- ing 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 accord- ance with the provisions of said act. Yours respectfully, Served , 19, 30 Truant Officer. 228 APPENDIX. FORM No. 43. Notice to truant officer of blind children not in attendance at State School for the Blind. [See section 295.] , 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 unable 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. FORM No. 44. Notice to truant officer to proceed against the parent. [See section 295.] 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. APPENDIX. 229 FORM No. 45. Application for Payment of Tuition. [See section 394.] , Michigan, , 19 To the District Board of School District No Township of , County, Michigan : This is to certify that I am a resident of school district No of the township of . . . , county of , and the of , who has completed the studies of the first eight grades and holds a county eighth grade diploma (or has completed eight grades of work in a graded district) and desires to attend the high school at during the ensuing year. I therefore request that tuition be paid by the dis- trict in accordance with the provisions of Act No. 65 of the Public Acts of 1909, as amended. (To oe signed oy parent, legal guardian or person in parental relation.) FOBM No. 46. Form of Petition to le presented to Township Board for the Organization of a Township Unit District. [See section 230.] , Michigan 19 To the Township Board of Township, County, Michigan: The undersigned, qualified school electors of the township of , county of state of Michigan, do respectfully request that the proposition of organizing said township into a single school district under the provisions of Act No. 117 of 1909, as amended, be submitted to the people of the township at a (regular or special) election to be called by your honorable board in accordance with the provisions of section 1 of said act. INDEX. INDEX. The references are to compiler's sections. A. ACADEMIES AND INCORPORATED EDUCATIONAL INSTITUTIONS : with whom to file certain reports 205 ACCEPTANCE OF OFFICE: neglect to file, vacates office 48 certain, filed with and recorded by director 51, 121, 257 penalty for failure of district officer to file 140 ACCOUNTS : school district, superintendent of public instruction to audit, etc 20 director to keep, of expenses 67, 122 of members of board of school examiners, with whom filed 221 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 238 ADDITION : to school building, when approved by superintendent of public instruction 443-45 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 kindergarten 192 to normal school 343 AGE: at which children may attend school 64, 192, 255 at which education is compulsory 280 AGENTS FOR SCHOOL BOOKS, ETC. : officers, teachers, etc., not to act as 145, 222 AGRICULTURAL COLLEGE : Michigan, superintendent of public instruction to supervise instruction in 20 cooperative work with, by counties 423 AGRICULTURAL EXTENSION WORK: assenting to grant of moneys from U. S. for 424-25 AGRICULTURAL SCHOOL: examinations for admission to 225, 226 AGRICULTURAL SITES : board of education may acquire 412 AGRICULTURE, COUNTY SCHOOLS OF : (See county schools of agriculture.) ALCOHOLIC DRINKS: text-books considering nature and effects of, how approved 61, 238 ALIENS : not eligible to office 50 ALMSHOUSES : children in, not included in census 68 ALTERATION : in boundaries of districts 34-37 of schoolhouse sites 102 in boundaries of graded school districts 123 of boundaries of township school districts 270 "AMERICA" : applicant for eighth grade diploma to memorize 204 ANNUAL ELECTION: of trustees in cities of 4th class 437, 438 ANNUAL MEETING : (See district meetings.) ANNUITY : when school teacher entitled to 320 ANNULMENT OF CERTIFICATES : by state board of education 207, 341, 342, 350 by county board of school examiners 219 234 INDEX. The references are to compiler's sections. APPARATUS : tax may be voted for purchase of 46 APPEAL : how made from decision of township board 117-119 APPENDAGES TO SCHOOLHOUSE : tax may be voted to provide 4g to be provided by director APPOINTMENT : deputy and assistant superintendent of public instruction 21 of building committee, for schoolhouse site 46 duties of 46 clerk of district meeting in director's absence 46 258 district officers in case of vacancy 49 person to take school census 68 262 district trustees in case of vacancy 121, 259 member of board of school examiners in case of vacancy ' 213 county commissioner of schools in case of vacancy conductor of teachers' institute 278 of truant officers 286 APPORTIONMENT : of property on division of district 11, 38. 39 276 of primary school interest fund 23-25 by township clerk of moneys to districts 76 of moneys raised by taxes 77 township treasurer's duties relative to of one-mill tax 79 on division of districts, of moneys 84 270 division of district, of tax assessed before, and collected after 84 in fractional districts, of moneys collected 87 of library moneys 134, 136 APPRAISAL : of school property, when township board of education to make 253 APPROPRIATION : for state board of library commissioners 376 APPROVED LIST: schools placed upon, not to exceed two in county 422 ART TEACHER: act to define qualifications of 194-96 ASSESSMENT OF TAXES : (See taxes.) ASSESSOR : (See treasurer.) ASSISTANT SUPERINTENDENT OF PUBLIC INSTRUCTION: appointment, duties and salary of 21 ASSOCIATIONS : teachers may form 310-312 ASSOCIATIONS FOR ESTABLISHING LOAN FUNDS : number that may incorporate 366 articles of association, what to contain 368 classification of members ~. 369 funds of, how used 370 election of officers, when held 371 ASSUMPSIT : against school district, justice of peace to have jurisdiction 95 ASYLUMS : children in, not included in census 68 ATHLETIC FIELDS: board of education may acquire land for 412 ATTACHMENT : to enforce attendance at certain proceedings 106 ATTORNEY GENERAL: to approve text book dealer's bond when to prosecute text book dealer's bond 179 AUDITOR GENERAL: when, to reimburse district maintaining county normal training classes 407 B. BALLOT : election of officers to be by 47, 91, 122, 256 school election, party emblems not to be placed upon 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 385 BARROOM : children not permitted in 305 BILLIARDS : children not permitted where, are played 305 BLANK FORMS : for school proceedings, see appendix. BLIND BABIES: act to provide for care and maintenance of 296-300 BLIND CHILDREN: compulsory education of 294, 295 transportation of indigent, or parents of truant officer to investigate and report INDEX. 235 The references ar6 to compiler's sections. 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 COUNTY AUDITORS: certain expenses audited by 221 BOARD OF EDUCATION: when, may borrow money to pay teachers' wages 23 to report taxes voted 56 to make annual census 68 when to make triplicate reports to superintendent of public instruction 73 to estimate amount necessary for sites, etc 91 service of process against school district made upon president of 96 to apply for jury in suit to obtain sites 103 in graded school districts, election and powers and duties of 120-122 to have charge of library 120 report of, relative to libraries 133-134 may sell library books 138 to provide for. for certain cities 147-149 division by, of city district into precincts 152-160 may divide city school districts into election precincts 161-9 to name members board of registration, etc 162 candidates for, nominated by petition 166 report to, of violations of text book act 179 qualifications of certain teachers, may hire 195 township, powers and privileges 230, 238 secretary, relative to books, etc., of district 230 who to constitute, term of office, etc 232 when to meet, officers, etc 236 to establish, etc., library 238 when, may borrow money 238 president of, duties 239 treasurer of, duties 241 when to present estimate of money needed 242 statement of, relative to schools 245 powers of. relative to text-hooks 246 not to act as agents of publishers 250 when may commence action to set aside certain order of superintendent of public instruction 444 authority of. to change city districts 271 to certify amount to be raised for schools in city districts 274 when may appoint truant officers 286 to furnish superintendent with census list 287 duty of, relative to fraternities, etc 308 authority of, to provide for free public libraries 377-78 to vote tax for payment of tuition and transportation of pupils 394. 398 when, to furnish text-books free to certain children 399 when may select member of county normal board 404 to estimate cost of maintaining county normal training classes 407 when county clerk to draw order in favor of. for county normal training classes. . 408 act authorizing, to acquire lands for school, etc., sites 412 when, may establish day schools for the deaf 413 in cities of fourth class, of whom to consist, election, etc 437-40 one member of. to act as election inspector for election of trustees 439 (Soe state bonrd of education.) BOARD OF INSPECTORS: at election to vote on issuance of bonds, who to constitute 91 at election of school trustees, powers, duties, etc 439-40 to make poll list of voters at election of trustees 440 BOARD OF INSTRUCTION: of state normal school, may grant certificates .' 341, 342 BOARD OF LIBRARY COMMISSIONERS: (Soe state board of library commissioners.) BOARD OF SCHOOL EXAMINERS: (Soe county bonrd of school examiners.) BOARD OF SUPERVISORS: certain school expenses audited by , 221 to fill vacancy in office of county commissioner of schools 223 to vote on establishment of county normal training classes 403 amount to appropriate for 407 appropriation of money by, county schools of agriculture, manual training and domestic science 413 to elect members of county school board 414 when may cooperate with agricultural college 423 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 filled 121 powers and duties of 122, 193 consent of, to be obtained in alteration of district 123 financial statement of district to be published by 200 penalty for neglect of duties 201 in cities, proceedings in changing boundaries of districts of- city districts, proceedings relative to change in 271 236 INDEX. The references are to compiler's sections. BOARD OF TRUSTEES. Continued. of rural high schools, when and how elected 386 term of office 3g meetings of, when held 387 special, how called * 337 powers of 387 salary and duties of secretary of 388 election of. in cities of fourth class 438 may establish day schools for the deaf 426-31 BOARDS : authorized to examine teachers, to collect fees. . 275 BONDS : of treasurer, by whom approved and where filed 72 majority 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 to be filed by text-book dealer ] 76 approval and renewal of 177 when may be declared forfeited 179 county commissioner of schools to file 214 of treasurer of township school district 241 when township school district may issue 242 treasurer of township board of education to give 258 of truant officer, amount, where filed, etc 286 amount of, of treasurer of state board of education 346 for maintenance of free public libraries in cities 378 of contractor to secure payment of sub-contractor 432 recovery to be had on 435 exemption of school, from taxation 446 amount of, school districts may issue 447 BOOKS : who to adopt, for rural high schools 387 (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 when township board may divide or change, of primary school district 150 procedure on change of, of township school district 270 BRANCHES : of study to be given in the public schools 61 BUILDING COMMITTEE : voters may appoint, for schoolhouse and prescribe duties 46 BUILDING FUND: what deemed, how used, etc 46 BUILDINGS : school, superintendent of public instruction may condemn, etc 443-45 BUREAU OF INFORMATION: establishment of, in office of superintendent of public instruction C. CANVASS : of votes at school elections 165 of votes at election of school trustees CARDS : children not permitted where, are played 292 CENSUS OF SCHOOL DISTRICTS: when and how taken 68, 238, 262 penalty for false information to enumerators of when enumerators of, guilty of misdemeanor list of, to be furnished teachers 287 list of blind children 295 CENTRAL MICHIGAN NORMAL SCHOOL: act to establish 354-55 certain department to be maintained at 365 CERTIFICATE : district board to deliver to township clerk, of taxes to be assessed of instruction in physiology, when filed by teacher copy of, to be filed by director with township clerk to supervisor, of taxes to be assessed for school purposes 74, 81, 2C of court in proceedings to obtain site, what to contain * 107 who may he granted, as kindergarten, music, drawing, domestic science or art teacher 19 ^? school teachers', when granted, renewals, etc when certain teachers', to be filed with commissioner of schools 353 CERTIFICATES OF GRADUATION: from county normal training classes, who to grant INDEX. 237 The references are to compiler's sections. CERTIFICATES OF QUALIFICATION TO TEACHERS: non-possession of, makes contract invalid 59 regents of university may grant certain 206 two regular examinations for, each year 216 county commissioner to sign, etc 220 when board of school examiners may renew, without examinations 217 how must be signed 217 different grades of 218 requisite qualifications to obtain when, may be suspended or revoked 219, 341, 342, 350 list of teachers having, to be furnished township clerk 220 record of, to be kept by county commissioner of schools ^-^_^ _ 220 fee to be paid on obtaining 275 when granted to pupils of normal school state board of education may issue 350 to issue, in normal schools 365 of county normal training classes, what to qualify 406 how may be renewed 406 CHAIRMAN : duties of, first meeting 9f 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, 234 of juror in proceedings to obtain site 106 CHARITABLE INSTITUTIONS : constitutional provisions relative to 17 CHILDREN : payment of tuition of certain when census list of school, to be taken 68, 262 compulsory education of 285-90 duties of police officers relative to certain 286-90 not permitted in saloons, gambling houses, etc employment of 306 how admitted to rural high schools 387 of indigent parents, when unable to attend school 399-402 (See pupils.) CHIPPEWA COUNTY: proviso as to election of county commissioner in . 214 CHRISTMAS : observance of, by public schools 203 CIRCUIT COURT COMMISSIONER: to be member of board of appeals 117 CITIES : of 250,000 or over, qualifications for voting at school elections in when census in, to be compiled to provide for boards of education for certain 147-149 division of school districts of, into precincts 152-160 examination of teachers in certain certain, exempt from provisions of township district act proceedings when, become part of township district act relative to boundaries of school districts in 271-74 certain, when police officers in, to act as truant officers schools in certain, to teach physical training maintenance of free public libraries in 377-78 of fourth class, to constitute single district board of education in, election, etc 437 CITY SCHOOL DISTRICTS : board of education may divide, into election precincts, referendum 161-69 CLERK : director to be, of district 67 who to be, of district board of education 258 of board of trustees of rural high schools 386 COLLECTION : relative to the, of school taxes 78-87 of judgments against districts 97-101 of fines for injuring library books 129 of penalties 141, 142, 144, 198, 202 of damages for not reporting and assessing taxes 144 of institute fees from teachers 275 COLLEGE OF MINES: entitled to report of superintendent of public instruction 379 COLUMBUS DAY: observance of, by public schools 203 COMMISSIONER OF SCHOOLS: (See county commissioner of schools.) COMMUNICABLE ~ DISEASES : methods of prevention of, to be taught in schools 197-98 COMPENSATION : of officers of school district 55, 122, 269 teachers, how paid, etc 59, 122, 262 for taking census 68 for schoolhouse site determined by jury 107 238 INDEX. The references are to compiler's sections. COMPENSATION Continued : in proceedings to obtain site, of officers and jury ................. 115 county board of school examiners, of members .......... 221 of county commissioner of schools .................. ........ of school officers in attending county meeting ooo of officers in township school districts ......... 049 of members of township board of education onq of truant officers, how paid, etc .............. ' "?" 2S6 state board of education, of members. COMPULSORY EDUCATION: school boards may furnish books in certain cases ........ : . 6 children exempted ................................ 28*5 age for, of children ................................... 285 length of time to be sent to school ................. ............. 285 penalty for failure to comply with law ............... 287 establishment of ungraded schools ............ 289 when certain children to be sent to .................. 290 who considered truants under act .............................. ' 290 296 ^ tO reformatory institutions ........... children not permitted in . . 300 CONDEMNATION : of school houses, power of superintendent of public instruction as to. . 444 by factory inspectors .......... 440 CONDUCTOR : who to be, of teachers' institutes. . 070 CONGRESS : act of, granting money to state for agricultural extension work. . 424-25 CONSOLIDATION : of school districts ............. 151 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. . 413 CONTRACTS : with teachers .................................................. 59, 129. 238, 240, 262 officers not to be interested in, with districts ............................ ____ 145 for furnishing free text-books in township districts ............................ 246 CORPORATE POWERS : of organized school districts ................................................ 33 of teachers' associations .................................................... 312 of state board of education .................................................. 336 of associations for establishing loan funds ................................ 367 COUNTY : when more than one, contributes to support of school to be placed on approved list 422 COUNTY BOARD OF SCHOOL EXAMINERS: election and term of office of .............................................. 213 vacancies in, how filled .................................................... 213. 223 schedule of meetings for special examinations to be published .................. 216 may hold special meetings .................................................. 216 meetings of, for examination of teachers .................................... 216 to whom may grant certificates .............................................. 217 grades of certificates issued by .............................................. 218 may suspend or revoke certificates ................................. V. ........ 219 compensation and expenses of members of .................................... when officers in certain districts may examine teachers ........................ what schools exempt from supervision of .................................... 224 (See county commissioner of schools.) COUNTY CLERK: notice to, relative to primary school fund apportionment ...................... to receive and dispose of communications of state superintendent ................ apportionment of moneys, duties of, relative to. ... .......................... 89. 135 duties of, relative to reports .............................................. 89. 142, 261 duties in proceedings to obtain site .......................................... 110, 11 1 election of school examiners, duties of, relative to ............................ 213 duties of, relative to election of county commissioner of schools ................ to draw order on county treasury for institute moneys ...................... 279 bond of truant officer filed with ............................................ 286 duties of, relative to distribution of laws, etc ................................ 380, 381 when to draw order for county normal training classes ...................... 408 COUNTY COMMISSIONER OF SCHOOLS : may be removed for lack of qualifications .................................... 20 to send blanks and list of qualified teachers to township clerk and board of edu- cation ..................... , ..................................... ---- triplicate reports of townships clerk naade to ................................. to be member of board of appeals .......................................... to be notified of violations of school text-book law ............................ when and how elected ...................................................... to file bond and acceptance of office .......................................... term of office .............................................................. election of, in Chippewa and Lake counties .................................... who eligible to office of ..................................................... to hold certain examinations ................................................ to prepare schedule for examinations ............. ............................ 216 INDEX. 239 The references are to compiler's sections. COUNTY COMMISSIONER OF SCHOOLS Continued : may renew certificates 217 certificates to be signed by 217 may grant special certificates 218 powers and duties of 220 to keep record of examinations 220 to counsel with teachers 220 what annual reports, to receive 220 to receive institute fees 220 to receive instructions from superintendent of public instruction 220 who, to furnish list of teachers 220 duties relative to visiting schools 220 to make annual report to superintendent of public instruction 220 compensation of, how paid, etc 221 expenses audited by board of supervisors 221 not to act as agent for school boots, etc 222 vacancy in office of, how filled 223 duties of, relative to examination of candidates for agricultural college 225, 226 to call meeting of school officers of county 227, 229 annual report of township school districts to be made to 240 to appoint truant officer 286 to furnish truant officer with list of teachers 288 when, to issue work permits to children 306 persons desiring to teach to file certificate with 353 duties of, relative to distribution of laws, etc 380 librarians to make annual report to 392 to whom, to transmit lists of libraries 393 to be member of county normal board 404 duty of, as to funds for county Mormal training classes 408 to be member of county school board 416 COUNTY INSTITUTES: (See teachers' institutes.) COUNTY NORMAL BOARD : how constituted, duties, etc 404, 405 may renew certificates 406 COUNTY NORMAL FUND: how constituted, etc 407 COUNTY NORMAL TRAINING CLASSES: superintendent of public instruction to direct supervision of 20 how established, managed, maintained, etc 403-09 COUNTY SCHOOL BOARDS: establishment of 414 organization of 415 apportionment of expenses 416 treasurer of 417 COUNTY SCHOOLS OF AGRICULTURE : establishment of 413-22 apportionment of expenses of 416 instruction given in : 418 COUNTY SCHOOLS OF DOMESTIC ECONOMY: establishment of 413-22 COUNTY SCHOOLS OF MANUAL TRAINING : establishment of 413-22 COUNTY TREASURER: statements of apportionment filed with 89, 135 to apply to state treasurer for certain moneys township moneys to be paid township treasurer by 90 to whom, to give notice of apportionment of school moneys '. . 90 liability of, on bond 109 money for schoolhouse site deposited with 109, 114 apportionment of library moneys to be made by 136 to set apart institute fees as institute fund 276 vouchers for payment at teachers' institutes to be filed with 282 teachers' institute fund to be paid by, on order of clerk 403 when county clerk to draw order on, for county normal training classes 408 ex officio treasurer of county school board 417 COUNTY TRUANT OFFICER: when, to act in district or township 286 COURSE OF STUDY: superintendent of public instruction to prepare and printr. who to prescribe for schools 61, 122 state board of education to prescribe for normal schools who may prepare and publish certain who to provide for rural high schools by whom approved for county normal training classes 405 CRIMES AND OFFENSES : (See penalty.) D. who to prescribe penalty for, to library books 129 to be collected from certain officers for neglect of duties DANCE HOUSES: children not permitted in 240 INDEX. The references are to compiler's sections. DAY SCHOOLS FOR THE DEAF: shall be established 426-31 to report to superintendent of public instruction 427 duties of state treasurer in regard to 428-9 system to be used in 430 who may attend 431 DEAF CHILDREN: compulsory education of 291-93 DECLARATION OF INDEPENDENCE: to be read to certain pupils on certain holidays 203 DEED: for schoolhouse site to be obtained before building 54 DEFICIENCY : in teachers' wages fund, how provided for 23 DELINQUENT CHILDREN: punishment of persons responsible for 304 DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE: by superintendent of public instruction 26 by district officers 67 7 DEPOSITORY : of school funds, when designated 72 DEPOSITS : of school funds, when made, etc 72 DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION: appointment and duties of 21 DEVISES : school districts may accept 410-11 DIPLOMAS : of graduates of state normal school 341, 342, 365 DIRECTOR : notice of first meeting to be recorded by 28 to keep records relative to organization of district 32 to be notified of alterations of district 37 appointment of clerk in absence of 46 election and term of office of 47, 121, 256 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, 258 compensation of, for taking school census -, . . 68 census list to be filed with township clerk by 68 annual school census to be taken by 68 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 service of process against school district made upon 96 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 140 to attend meeting of county school officers compensation to furnish teachers with census list 287 DISORDERLY PERSONS: to be taken into custody juvenile, who to constitute . . . . 290, 296 DISTRICT BOARD: when superintendent of public instruction to remove members of, from office when, may borrow money for payment of teachers' wages to call meetings of district school to be provided by how, may determine certain matters, when meetings fail 46, 263 election and term of office of 47, 120, 256 vacancy in, what to occasion how filled 49, 121, 251 illegal for members of, to act as publishers' agent who eligible to office on acceptance of office by members 51, 121, 257 who to constitute 52, 120, 256 certain books, blanks, etc., to be purchased by when may sell certain property of district site for schoolhouse to be leased or purchased by 54, 262 INDEX. 241 The references are to compiler's sections. DISTRICT BOARD Continued : to estimate amount for support of schools 55 when may borrow money on strength of voted tax to report taxes to be assessed 56 accounting of moneys by not to pay money to unqualified teachers to make statement of finances at annual meeting 58, 266 teachers to be hired by 59' 122 to provide for water supply QQ when to exclude public meetings from schoolhouse 60 to have care of schoolhouse and property 60 to provide for instruction in physiology 61 to prescribe text-books and courses of study '.' 61 to purchase books for indigent pupils 62 may suspend or expel disorderly pupils 63 to establish rules, etc., for school 63, 262 to classify pupils 64* 122 may admit non-resident pupils to school 65 rates of tuition for, how fixed 65 director to be clerk of 67, 258 to appoint persons to take school census 68 262 when to provide for deposit of moneys ' 72 to estimate amount necessary for sites and buildings 91 when may issue bonds '. 92 to apply for jury in suit to obtain site 103 to be trustees in graded school districts 120, 123 district library to be managed by .' 132, 262 report of, relative to libraries 133-134 may donate or sell books to township library 138 kindergarten to be provided by 190-93 qualifications of certain teachers, may hire 195 financial statement of the district to be published by 200 United States flag to be provided by 202 to be trustees in township school districts 256 when, to pay tuition of pupils 396, 398 duties of, as to teachers, etc., for county normal training classes 407 when day schools for deaf may be provided by 426-31 when may commence action to set aside certain order of superintendent of public instruction , 444 (See district officers.) DISTRICT LIBRARIES: (See libraries.) DISTRICT MEETINGS: notice of, on formation of new district 28, 255 when annual, to be held 40, 258 when special, may be called 41 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, 122 when clerk and chairman may be appointed at 46, 258 what board to determine in case of failure of certain 46, 263 limit of taxes that may be voted at 46, 263 officers to be elected at 47, 120, 256 to fill vacancy in district office 49 tax for services of officers to be voted at 55 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 board of education to present estimate for sites, etc., at 242 DISTRICT OFFICERS: election and term of office of 47,120, 256 when may be appointed 49, 121, 258 who eligible to election as 50 acceptance of office of 51, 121, 257 amount of tax for service of 55 penalty for neglect to accept office or perform duties 140 to employ legally qualified teachers payment for services of township compensation of 269 (See treasurer, director, moderator and district board.) DISTRICT SCHOOLS: (See schools.) DIVISION : of boundaries of primary school district of township into single school district 242 INDEX. The references are to compiler's sections. DOG TAX: apportionment of surplus 335 DOMESTIC ECONOMY, COUNTY SCHOOLS OF: establishment of '. 413-422 appropriation for 413 instruction given in 41 DOMESTIC SCIENCE TEACHER: act to define qualifications of 194-96 DOORS : to open outward 449 DRAWING TEACHERS: act to define qualifications of 194-190 DUPLICATE RECEIPTS: township treasurer to take, for certain moneys 87 EDUCATION : constitutional provisions relative to 1-17 EIGHTH GRADE: payment of tuition and transportation of pupils 394-395 EIGHTH GRADE DIPLOMAS: applicant for, to memorize first verse of "Star Spangled Banner" and ''America" 204 ELECTION : wiao legal voters at, in school district 43 when, of district officers held 47, 121, 256 who eligible to, in school district 50 regulations at, to vote on issuance of bonds 91 school district, registration, notice, etc 1C2-64 party emblem not to be placed upon ballots 166 of members of county board of school examiners 213 of county commissioners in Chippewa, when held, etc 214 relative to organizing township into single school district 230 when called, ballots, etc - 230 township school district, how conducted, etc 233 special, for bonding, ballots, etc 242 city districts, election of officers by joint boards 271 for submitting question of rural high schools, where held form of ballot used at 3S5 submitting question of establishment of schools of agriculture, etc 413 of school trustees in cities of fourth class 437-440 ELECTION COMMISSIONERS : appointment of, for election of school trustees 438 ELECTION INSPECTORS : how chosen, etc., at election of school trustees 439 powers, duties, etc., at election of school trustees 439 ELECTION PRECINCTS : division of city school districts into 152-100, 161-69 referendum 161-69 ELECTORS : who are qualified may discontinue school and send pupils to another district who deemed qualified, in school elections in certain cities to vote tax for services of district officers at annual meeting may designate depository for district funds of city, when to elect board of education to approve consolidation of school districts registration of, in school districts 162-64 when, may vote to organize township school district township school district, qualification of 232, 242 when, may appeal from action in formation of when question of rural high school submitted to ELIGIBILITY : to office in school districts of pupils desiring tuition paid 397 EMPLOYMENT : of teachers 59, 122, 191, 262 of persons to take school census 68 of officers, etc 122 of children 306 ENDOWMENT FUNDS : to be under control of school board 411 ENGLISH LANGUAGE: instruction to be conducted in 11 ENROLLMENT : when teacher to compare, with census list 287 ENUMERATION OF CHILDREN : (See census.) ENUMERATOR, CENSUS: duty of, data required when, guilty of misdemeanor 69 ESCHEATED ESTATES: application of interest from sale of 14 ESTIMATES : of amounts to be raised by tax v . 55, 07, 262 INDEX. 243 The references are to compiler's sections. EVIDENCE : of organization of district .- 32 in proceedings to obtain site 103 EXAMINATION : of proposed site by jury 107 eighth grade, applicants to memorize first verses of "Star Spangled Banner" and "America" 204 meetings for, of teachers 216 of teachers by county board of examiners 216, 217, 225 questions for, of teachers 217 county commissioner to keep record of 220 of reports by county commissioner 220 of teachers by officers in certain districts 224 of applicants for admission to agricultural college 225, 226 fees to be collected from teachers for 275 of teachers by state board of education 350 of applicants for state certificates 350 EXAMINERS : may be removed for lack of qualifications 20 of teachers to collect fees 275 to pay same to county treasurer 276 (See county board of school examiners.) EXECUTION : not to issue against school district 97 EXPENSES : incidental, estimated by board estimates of, to be presented at annual meeting 67, 266 of commissioners, limited 214 for printing, etc., how audited, etc ' of school examiners, how paid teachers' institutes, how paid 278 state institute, how paid vouchers for, of teachers' institute, where * filed F. FACTORIES, STORES, ETC. : employment of children in 306 FACTORY INSPECTORS: may order fire escapes on school houses, etc 449 may condemn school houses considered unsafe 449 FEEBLE MINDED AND EPILEPTIC : (See Michigan home and training school.) FEES: to be paid by teacher on obtaining certificate 275 disposition of, collected by director and secretary 276 FEMALES : who qualified to vote at school elections in certain cities 43 registered in separate register 43 eligible to district offices '. . . 50 FINES : how applied for breach of penal laws 16 for disturbing district meeting 45 for disturbing school 63 on census enumerator for making false returns 69 giving false information to census enumerator 69 for damages to library books 129 apportionment of, for breach of penal laws 136 (See penalties.) FIRE ESCAPES : factory inspectors may order, on school houses 449 FIRE MARSHAL : (See state tire marshal.) FIRE PROTECTION : in schools, duty of factory inspectors relative to 449 FLAGS : who to purchase U. S., for schools. . 202 FORM OF OATH: of challenged voter 44 FORMS, BLANK : (See appendix.) FOURTH CLASS CITIES: to constitute single school district 437 board of education in, of whom to consist, elections, etc 438 FOURTH OF JULY : observance of, by public schools 203 FRACTIONAL DISTRICTS: (See school districts; also township board.) FRATERNITIES : abolishment of, in public schools, etc . 307-309 FREE PUBLIC LIBRARIES: authority of city boards of education to maintain . 377-378 FREE SCHOOLS: to be provided 11, 255 32 244 INDEX. The references are to compiler's sections. FREE TEXT-BOOKS: (See text-books.) FUNDS : educational 1,2 library 16 teachers' institute 276 of associations for establishing loan 370 for maintaining day schools for the deaf 428 G. GAMBLING : children not permitted in rooms used for 305 GENERAL FUND: taxes for incidentals, deficiencies, etc., accounted for under 55 GIFTS: school districts may accept, etc 410-411 GOVERNOR : when may remove county school commissioner, etc 20 certain days appointed by, observed by public schools 203 to appoint five members of teachers' retirement fund board 313 GRADED SCHOOL DISTRICTS: annual meeting of 40 organized prior to 1907, act to govern 120 notice of intention to organize 120, 124 election and term of office of trustees of 120, 124 officers of, to be elected by trustees 121 credit of school tax on tuition of non-resident pupil 122 powers and duties of trustees 121, 122 not limited to nine sections of land consent of trustees to be obtained to alteration of boundaries 123 two or more contiguous districts may organize change of, to primary district 125 publication of financial statement of 200 proceedings when, become part of township district appointment of truant officers in 286 (See school districts.) GRADES OF CERTIFICATES : of teachers 218 GRADING : of pupils not prevented in any district in graded school districts 122 GYMNASIUMS: school districts may establish, etc H. HIGH SCHOOLS: may be established in certain districts board of education to establish, etc 238 act to establish rural 384-391 providing for payment of tuition and transportation to, of certain pupils 394-395 what deemed 396 (See graded school districts.) HOLIDAYS : observance of, by public schools HUMANE EDUCATION: act to provide system of 187-189 use of text-books on, in teaching dangerous diseases 61, 238 L INCIDENTAL EXPENSES: estimated by district board 55 INDEBTEDNESS : of districts 91 (See bonds.) INDIANS : when children of, not included in census 68 INDIGENT PARENTS : when children of, unable to attend school 399-402 INDUSTRIAL HOME FOR GIRLS: superintendent of public instruction to supervise instruction in 20 INDUSTRIAL SCHOOL FOR BOYS : superintendent of public instruction to supervise instruction in 20 INSPECTORS OF ELECTION: how chosen, powers, etc., at election of school trustees INSTITUTES : teachers', county commissioner to be assistant conductor. . . INSTITUTIONS : certain state, superintendent of public instruction to supervise instruction in .... charitable, children in, not included in census INDEX. 245 The references are to compiler's sections. INSTRUCTION : to be conducted in tbe English language .................................... 11 branches of, given in public schools .......................................... 61 INSURANCE MONEYS: how used ................................................................ 352 INTEREST : apportionment of, on state funds ............................................ 13, 23 on bonds, limited .......................................................... 92 tax may be voted to pay ................................................... 93 on judgment against district ................................................ 101 on moneys lost by certain officers ........................................... 141-142 J. JOINT MEETINGS: of township boards ....................................................... 30, 117, 270 relative to boundaries of primary school districts ............................. 150 relative to township school districts ....................................... 231 JUDGE OF PROBATE: to participate in filling vacancy on board of examiners ....................... 213 JUDGMENTS : assessment of taxes for payment of ........................................ 82 and suits against school districts, sections relative to .......... .............. 95-101 execution not to issue on .............................................. .- . . 97 when rendered in proceedings to obtain site ................................ 108 JURY: board may apply for, in proceedings to obtain site ....................... ... 103, 107 JUSTICES OF THE PEACE : to have jurisdiction in cases of assumpsit against school districts .............. 95 to hear cases under compulsory education act .............................. 288 proviso, as to cities ........................ v ........................... 288 JUVENILE COURT: investigation, etc., by, relative to children of indigent parents ................ 401 JUVENILE DISORDERLY PERSONS: penalty for failure of parent or guardian to send, to school .................. 287 proceedings against parents of, for neglect of duty ......................... 288 to be sent to ungraded schools .......................................... 289, 290 who deemed, or truants .................................................. 290, 296 K. KINDERGARTEN : duty of district board relative to .......................................... 190 qualifications of teachers ................................................ 191, 194, 169 children entitled to attend ................................................ 192 act to apply to other schools .............................................. 193 L. LABOR : act to secure payment to sub-contractors for ........... ....... . 432-435 LABOR DAY: observance of, by public schools ............................... 203 LAKE COUNTY: election of county commissioner of schools in ....................... 214 LAND: limit of tax on, for building schoolhouse ................................... 46 when not taxed for ................................................... 46 proceedings to obtain, for schoolhouse site ................................. 103-116 when board of education may acquire for sites, etc ........... 412 LAWS, DOCUMENTS, ETC.: rules and regulations for libraries, course of study, who to print and distribute. . 22 duty of commissioners and county clerk in distributing ..................... 380, 381 LEASE : for schoolhouse site, who to secure, length of, etc ............................ 54 duration of, of land for schoolhouse ........... 238 LEGACIES : school districts may accept, etc .................. . 410-411 LIABILITIES : of township clerk for neglect to report .................................... 141 of county clerk ......................................................... 142 of supervisor in regard to district taxes ................................... 144 debts and, when assumed by township district .............................. 267 of parent or guardian for failure to send child to school ...................... 287 (See penalties.) LIBRARIAN : township, when and by whom appointed, duties, etc. . 130 LIBRARIES : establishment of, constitutional provisions relative to ........................ 16 lists of books for, how prepared ........................................... 22 rules for, by whom made ................................................ 22, 129 maintenance of, in township or city ....................................... 126 township board may dispose of, or plan merger of, into free public .............. 126 246 INDEX. The references are to compiler's sections. LIBRARIES. Continued : provisions relative to 126-138 books for township, by whom purchased 128, 264 care of, etc., who to have 129 librarian of township, by whom appointed, duties, etc 130 where kept 130 when school district may establish 131 township clerk to report statistics of , 133 funds for, when forfeited 134 superintendent of public instruction to furnish statement of townships, etc., entitled to 135 apportionment of 135, 136 tax for support of, how levied, collected, etc 137 district board may sell or donate, books to township school officers not to act as agents for, books 145 board of education to establish, etc 238 free public, maintenance of, in cities 377, 378 librarians to report to school commissioner 392 to whom to transmit list 393 LIBRARY BOOKS: preparation of lists of 22 sale of 138 LIBRARY COMMISSIONERS : (See state board of library commissioners.) LIBRARY MONEY: when district to forfeit superintendent of public instruction to forward statement of apportionment of 136 LIFE CERTIFICATES: authority, revocation and filing of 207 LINCOLN'S BIRTHDAY: observance of, by public schools .. ^03 LIQUORS : minor children not permitted where, are sold 305 M. MANUAL TRAINING, COUNTY SCHOOLS OF: act to establish 413-422 management of 414-421 establishment of, when placed upon approved list, etc 422 MANUAL TRAINING SCHOOLS : school districts may establish, etc 410 MANUAL TRAINING TEACHER: act to define qualifications of 194-96 of to'wnships, showing boundaries of districts, by whom made, where filed, etc .... filing of, showing change of boundaries in city districts 271 MATERIAL : act to insure payment of sub-contractors for 432-435 MEETINGS : joint, of township boards of several townships 30, 270 when schoolhouse used for public of township boards, in cases of appeal 117, 119 joint, of township board, relative to change, etc., of boundaries of primary school districts 150 for examination of teachers, when and where held 216, 217 township school districts, of township board for organization of 230 annual, in, notice, etc 233, 240 of board of education in of board of education of board of trustees of rural high schools, when held, etc 387 (See district meetings.) MEMBERS : of district board, who to constitute number of, of board of trustees in graded school districts 120, 25 term of office of board of county school examiners, by whom appointed, etc 213 MEMORIAL DAY: observance of, by public schools 203 MICHIGAN AGRICULTURAL COLLEGE: superintendent of public instruction to supervise instruction in president of, to approve schools before placed upon approved list to carry on agricultural extension work 424-25 MICHIGAN EMPLOYMENT INSTITUTION FOR THE BLIND: transfer of pupils from Michigan school for blind to 294 MICHIGAN HOME AND TRAINING SCHOOL: superintendent of public instruction to supervise instruction in 20 MICHIGAN SCHOOL FOR THE BLIND : superintendent of public instruction to supervise instruction in compulsory education of blind children at 294, 295 MICHIGAN SCHOOL FOR THE DEAF: superintendent of public instruction to supervise instruction in compulsory education of deaf children at 291, 294 INDEX. 247 The references are to compiler's sections. MISDEMEANOR : when census enumerator guilty of a officers, teachers, etc., interested as agent for publishers deemed guilty of when parents deemed guilty of a 28T MODERATOR : to give oath to challenged voter chairman at district meetings 46, 258 election of, term of office, etc 47 appointment of, to fill vacancy acceptance of office, where filed to be member of district board treasurer and, to audit and pay accounts of director and director to approve bond of treasurer service of process a-gainst school district made upon penalty for neglect to perform duties 140 .(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, 270 districts entitled to receive primary school interest fund 46 entitled to receive certain 46, 79 when board may borrow, on strength of voted tax primary school interest fund, to be used only for teachers' wages accounting of district school 57 sectarian schools barred from public district board to apply school, according to law 57 to make report of, at annual meeting 58, 266 orders for certain, by whom drawn and signed 67 disposition of, collected on bond of treasurer 72 district board to provide for deposit of 72 duties of township treasurer relative to collecting school 72, 78, 87 relative to paying 85, 87, 262 apportionment of, to districts by township clerk 76, 77, 263 raised for school tax, how apportioned 77 accrued from one-mill tax, how used 79 paid by old districts to new, how applied 80 school, to be paid next to township expenses 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 township school district, amount of, estimate for schoolhouse 238 custody of, where deposited, etc 241 when certain, to become township school money 248 who to apply for, appropriated for primary schools and libraries 262 public, definition of 327 to be kept separate from other funds 328 how used 329 interest on, what to constitute 330 public officer not to receive consideration for depositing 331 penalty for illegal payment of 334 disposition of insurance 352 boards of trustees of rural high schools may borrow 385 from U. S., giving assent to grant of, for cooperative agricultural extension work. . 424-25 paid to secretary state board of agriculture 425 limit of amount of, school district may borrow 447 (See taxes.) MONTH, SCHOOL: of what to consist 59 MUSIC TEACHER: act to define qualifications of 194-196 N. NARCOTICS : text-books to consider nature and effects of 61, 238 NEGLECT : penalty for, of taxable inhabitant to serve and return notice 139 of district officers to perform duties 140, 201 liability of township clerk for, to report, etc 141 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 287 NEW YEAR'S DAY : observance of by public schools 203 248 INDEX. The references are to compiler's sections. NOMINATION PETITIONS: of candidates for trustees, filing of, etc ....................................... 438 NON-RESIDENT : when may be attached to district ............................................ admission of, pupils, tuition, etc ............................................ 65 tuition of, pupils .......................................................... credit of school tax on tuition of, pupils .................................... 122 NORMAL SCHOOL FUND: origin of ................................................................. 347 who to have care of ....................................................... NORMAL SCHOOLS: state board of education to prescribe courses of study, grant diplomas, etc., in . . 365 (See state normal school.) NORMAL TRAINING CLASSES: superintendent of public instruction to direct supervision of .................... act to establish .......................................................... 403-409 (See county normal training classes.) NORTHERN STATE NORMAL SCHOOL: act to establish ............................................................ 358-360 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 ................ of first meeting in new district ............................................ . . 28, 255 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 .................... of district meetings, to be given by director .................................. ^42. 67 of township clerk to supervisors of school taxes ................................ 75, 263 who to give, to directors of moneys to be appropriated ........................ of apportionment of moneys to districts, to whom given ........................ of supervisor and treasurer of taxes assessed ................... . .............. 81-83 treasurer to give, of money in his possession ............................... ... 86. 265 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 .............................. teachers' examinations, how given .......................................... to teachers of intention to revoke certificate ................................ township school district, of election for organization of ........................ of annual meeting in .................................................... relative to changing boundaries in city districts .............................. to parent or guardian of non-attendance of child at school, by whom given ...... 287-288 teachers' associations, of formation of, how given .............................. subcontractor to give written, what to state, etc .............................. of election of trustees in cities of fourth class ................................ O. OATH * deputy superintendent of public instruction to take ............................ tendered to challenged voter at district meetings ............................ 44, 234 to be taken as to correctness of census list .................................. of juror in proceedings to obtain site ........................................ of office, members of board of school examiners to take ........................ 213-21 of office of election inspectors for election of trustees ........................ acceptance of, to be filed .............................................. 51, 52, 121, 257 affidavit of, as to qualifications .............................................. term of, of board of school examiners ........................................ OFFICERS : who eligible as school ...................................................... having charge of records to furnish facilities for examination .................. ONE-MILL TAX: disposition of surplus ...................................................... ojj assessment, collection and disposition of ...................................... (See taxes.) ORAL METHOD: to be taught in day schools for deaf .......................... . ............. ORDER : on treasurer to be countersigned by moderator ................................ to be drawn and signed by director ..... , .................................. of township clerk on treasury for library moneys ............................ 128, 2b2 of superintendent of public instruction relative to insanitary, etc., schoolhouse, when set aside ...................................................... (See warrants; also moneys.) ORGANIZATION : _ Qr formation, etc., of new districts ............................................ 2 1-6. of graded school district ................................................... J29~J?5 of township school districts in upper peninsula ............................... 255-270 (See school districts; also township board.) INDEX. 249 P. The references are to compiler's sections. PAMPHLETS : distribution, etc., of certain, to school districts 382-83 when heads of state departments to print additional copies 383 PARENTS AND GUARDIANS : entitled to vote at district meetings 43 required to send children to school 285 duties of truant officers relative to 287 liabilitv for not sending 287 proceedings against 288 to give notice when children desire to have tuition, etc., paid 394 PARTY EMBLEM: etc., not to be placed upon school election ballots ' 166 PENALTIES AND FORFEITURES : not maintaining five months' school 11 district for not maintaining certain length of school 46, 79. 262 census enumerators for making false returns 69 giving false information to census enumerator 69 damages to library books 129 taxable inhabitant for neglect of duties in formation of district 139 district officers' neglect to accept office or perform duties 140. 251 township clerk, for neglect in transmitting reports 141 county clerk for not transmitting reports 142 moneys collected for. how applied ' 143 supervisor and clerk's neglect regarding taxes. . . . ft, 144 neglect to teach prevention of diseases ,. 198 district officers, for not publishing financial statement 201 not purchasing U. S. flag 202 parent or guardian not sending children to school 287 relative to school attendance by blind children -. 300 relative to persons responsible for delinquency of children 304 for allowing children to remain in saloons, etc 305 illeeal payment of public moneys 334 PERJURY: what deemed 44 PERMANENT FUNDS : to be under control of school board 401 PERMIT : issu^ of. for employment of children.. . 285. 30G PETITION : candidates for district board of education nominated by 166 form, etc , 166 of electors for single school district " 230 nomination, of candidates for trustees, filing of, etc. . 438 PHYSICAL TRAINING : to be taught in schools of certain cities, etc. . 368 PHYSICAL TRAINING TEACHER: act to define qualifications of 195 PHYSIOLOGY : use of text-books on. in teaching dangerous diseases 197 PHYSIOLOGY AND HYGIENE: to be taught in all public schools 61 penalty for failure of district board to comply with statute 61 district board to adopt text-books 61 by whom approved, etc 61, 170, 351 text-books on 238 PLANS : for school buildings, when approved by superintendent of public instruction.. 443-45 PLAYGROUNDS : board of education may acquire land for 412 POLL LIST: to be kent when voting on issuance of bonds 91 POOR CHILDREN: to be furnished with text-books 62 PRESIDENT : of board of education, service of process against school district made upon 96 of Michigan agricultural college to approve schools placed upon. approved list 422 PRESIDENT OF THE U. S. : certain days appointed by, observed by public schools. . 203 PRIMARY SCHOOL INTEREST FUND: constitutional provisions respecting 1, 11 five months' school to be maintained to secure 11 apportionment of 11,23 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 not to be applied to sectarian schools 57 duty of township clerk in distributing 73 how apportioned to districts 76, 258 county clerk's duties relative to ' 89 county treasurer's duties relative to 90 PRIMARY SCHOOLS: (See schools.) 250 INDEX. The references are to compiler's sections. PRINCIPALS OF SCHOOLS: duty of, as to violations of text-book law 179 to certify to fact of humane education 189 PROCEEDINGS : against school districts 95-101 to obtain schoolhouse site 102-116 in case of incumbrances 113 upon appeal from action of township board 117-119 PROCESS : service of, against school districts, upon whom made 96 PROPERTY : when township board may sell district 38, 46 to be apportioned on division of district 38, 39 when sale of district, may be directed by voters 46 when husband and wife own, jointly 50 care and preservation of district 60, 122 accounting of, when township organized into single school district 230 sale of, by board of education 238 disposition of, in forming township districts 267 to be apportioned on division of township 270 of teachers' associations 311 PUBLICATION : of financial statement by school board 200 PUBLIC BUILDINGS: act insuring payment of subcontractors in repairing, etc 432 PUBLIC DOMAIN COMMISSION: secretary of, and superintendent of public instruction to select certain pamphlets sent to district schools 382-83 PUBLIC LIBRARIES: (See libraries.) -PUBLIC SCHOOLS: declaration of independence read on certain days In 203 PUBLISHERS' AGENT: members of district board not to act as 50 PUPILS : when may be suspended or expelled who may be 64 classification of 64, 122 admission of, to schools. 64. 65, 122. 192 tuition of non-resident 65, 238 in graded school districts, promotion of, in declaration of independence read to certain, on certain holidays township school district, rate of tuition to non-resident unlawful to organize, etc., fraternity, etc admission of, to normal school providing for payment of tuition and transportation of eighth grade 394-397 Q. QUALIFICATIONS : of music, etc., teachers 194-96 of voters at district meetings 43, 232 of superintendent of schools 238 QUESTIONS : of examination for teachers 217 R. REAL ESTATE: board of trustees of rural high schools may hold 387 RECEIPT : when township treasurer to take duplicate 87 RECORD : school district, superintendent of public instruction to examine, etc director to keep, of proceedings 28, 67 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 of report of taxes to annual meeting 58, 266 teacher to keep, of pupils of moneys to be kept by district treasurer to be kept of consent of trustees in alteration of graded school district of certificates granted to teachers, who to keep who to keep, of examination held by board of school examiners 220 REFERENDUM : on election of school boards In certain cities on question of dividing school districts into voting precincts on issue of bonds for maintenance of free public libraries of establishment of county agricultural, etc., school REGENTS : of the university, how elected, etc may grant certain certificates INDEX. 251 The references are to compiler's sections. REGISTER : of school to be kept by teacher 59 REGISTRATION : of electors in school elections in certain cities of electors in school districts, notice of, etc ; 161-69 REGULATIONS : for government of schools 63, 262 at elections to vote on issuance of bonds for government, etc., of libraries REMOVAL : of certain officers by governor 20 from district to vacate office 48 of schoolhouse from leased site 54 of officers in graded school district 121 RENEWAL : of teacher's certificate, when made, etc 217 REPAIRS : (See schoolhouses.) REPLEVIN : against school districts, justices of the peace to have jurisdiction 95 REPORT : superintendent of public instruction to make annual, to governor 20 district board to make, at annual meeting 58, 266 directors to make annual 70 of director, where filed 70, 73 to whom made in fractional districts 71 treasurer of school district to make annual 72 township clerk to make triplicate 73 board of education to make triplicate 73 township clerk to make certain, to treasurer and director 77 supervisor to, taxes assessed to township treasurer 82 township clerk's duties relative to 89 of township clerk and board of education relative to libraries 133-134 liability of officers for failure to make 141-142 to whom academies, etc., to make 205 county commissioner of schools to make 220 township school district, annual, what to contain, etc 240 of school moneys received, when made, etc 241 state board of education to make, to legislature 845 publication, etc., of, of superintendent of public instruction 379-381 board of trustees of rural high schools to make certain 384 monthly, of truant officer, relative to children of indigent parents 401 board maintaining day schools for deaf to make 426 RESIDENTS : notified of first meeting in school district 28 qualifications of, to vote at district meetings 43 rights of, to attend school 64 exceptions of, in school census 68 RETIREMENT FUND: teachers', act providing 313-26 REVOCATION OF TEACHERS' CERTIFICATE: by board of school examiners 219 by state board of education 341, 342, 350 'RULES: ( See regulations. ) RURAL HIGH SCHOOLS : an act to establish or discontinue 380-91 when question of, submitted to electors 384 board of trustees of, when and how elected 386 term of office 386 duties 387 S. SALARY : of superintendent of public instruction 20 of assistant superintendent of public instruction 21 of teachers not affected because of holidays 203 SALE OF PROPERTY: when, made by township board 38 to be directed by districts 46 when made by district board 54 SALOON : children not permitted in, gambling houses, etc 305 SALT SPRING LANDS: interest on proceeds from, application of 15 SCHEDULE : of places, etc., for holding examinations, publication of 216 SCHOLAR^ : (See pupils.) SCHOLARSHIPS : school districts may maintain 410 252 INDEX. The references are to compiler's sections. SCHOOL : to be free 11, 255 to be maintained at least five months 11 public, superintendent of public instruction to supervise instruction in 20 when, may be discontinued in a district 46 time necessary to be maintained 46, 262 who to fix minimum length of time of 46, 262 who to estimate and vote taxes for support of 55, 263 not to be sectarian 57 register of, to be kept by teachers 59 district board to prescribe text-books for 61 pupils may be suspended or expelled from 63 penalty for disturbing 63 district board to establish regulations for 63, 262 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, 238 humane education in 187-189 visitation and examination of 220 children of certain ages required to attend 285 when ungraded, to be established 289 children attending, not permitted in saloons, etc 305 abolishment of fraternities, etc., in 307 training, in connection with state normal 340 physical training to be taught in certain 364 when, placed upon approved list persons desiring to teach, with whom to file certificate 353 who to publish course of study, etc., for certain 379 act to establish rural high 384-391 board of trustees of rural high, to visit in cities of fourth class, board of education, etc 436-437 SCHOOL APPARATUS : provision for 46 SCHOOL BOARD: (See district board.) SCHOOL BOOKS: (See text-books.) SCHOOL BUILDNGS: plans for, when approved by superintendent of public instruction 443-45 SCHOOL CENSUS : when and how taken 68 SCHOOL DISTRICTS: apportionment of primary school money to of what composed to be numbered 27 formation of 27-32 formation of fractional 30 when deemed legally organized when may be dissolved corporate powers of name and style of when consent of taxpayers to be obtained to alteration in when persons outside, may be attached alterations to be reported to director division of property in forming new, from old. meetings of, when held, etc 40-46, 258 may borrow money on strength of voted tax who to make annual report of 58, 266 who to appear in suits for or against treasurers of, to file bond, duties of, etc map showing boundaries to be made 74 moneys to be apportioned to 76, 77 when moneys paid by old, to new levy and collection of taxes in fractional , may borrow money for sites and buildings to pay indebtedness may vote to pay money borrowed suits and judgments against 95-101 service of process against, upon whom made judgments against fractional appeal from action of township board 117-1: what districts may organize as graded 120, 124 organization of, etc., graded 12Q-12o change of, from primary to graded when township board may divide or change boundaries of city, division of, into election precincts, referendum 152-160, 161-69 registration of electors in 162-6' copies of lists of text-books to be sent to 1 < 8 how authorized to purchase and sell text-books 182, 183 resale of books, on removal from to employ legally qualified teachers officers of, when to deliver books, etc., to township board of education INDEX. ' 253 The references are to compiler's sections. SCHOOL DISTRICTS Continued : township school districts, organization of 231 township organization of 255-270 change of boundaries of city 271-274 who to provide course of study, etc., for 379 distribution, etc., of state pamphlets, etc., to 382-83 providing for transportation of certain pupils in 394, 395 may establish trade, etc., schools, etc 410-411 officers of, to require bond to insure payment of subcontractors cities of fourth class, to constitute single 436 board of education, election, etc 437 limit of amount of money, may borrow 447 highway to be established to every school building in 450 SCHOOL EXAMINERS : (See county board of school examiners.) SCHOOL FOR THE BLIND : superintendent of public instruction to supervise instruction in 20 SCHOOL FOR THE DEAF: superintendent of public instruction to supervise instruction in 20 SCHOOLHOUSES : when certain persons not liable to tax for building 36 not needed may be sold 38, 46, 54 building committee may be appointed 46 districts to vote tax for appendages to _^ 46 district to direct the procuring of, sale of ] . . 46 when land not to be taxed for building 46 tax for repairing, limited 46 repairs to, who to make, etc 46 site for, to be purchased or leased 46, 54, 238, 262 tax for building, limited 46, 263 board to procure 54., 262 district board to have care of, etc 60 when open or closed for public meetings 60 director to provide appendages to 67 limitation of indebtedness to build 91 bonds may be issued to build 91 board of education may acquire sites for 412 sale of tax homestead lands for sites 438 plans for, when approved by superintendent of public instruction 443-45 factory inspectors may order fire escapes on 449 township board to establish public highway to every 450 SCHOOL INSPECTORS: electors qualified to vote for, how governed 43 election of, in certain cities 147-149 SCHOOL MONEYS: (See moneys.) SCHOOL MONTH: of what to consist 59 SCHOOL OFFICERS: district, election of 46 not to be interested in any contract with district 145 salaries of, not affected because of holidays 203 county commissioner to call meetings of, of county 227-229 SCHOOL RECORDS: officers having charge of, to furnish facilities for examination 53 SCHOOL TAXES: who qualified to vote on, in certain cities 43 SCHOOL TRUSTEES : election of, in cities of fourth class 438 SCHOOL YEAR: when to commence, length of 11, 40, 43 SCHOOLS FOR DEAF : act establishing day 426-431 SECRET SOCIETIES: abolishment of, in public schools, etc 307-309 SECTARIAN SCHOOLS: not to receive public moneys 57, 283 SERVICE OF PROCESS: against school districts, upon whom made 96 SHERIFF : to remove respondent from school property Ill SIGNATURES : number required on petition nominating member district board of education 166 SINGLE SCHOOL DISTRICT: cities comprising, who qualified electors in school elections organization of township into 230 SITES FOR SCHOOLHOUSES : when npt needed may be sold 38, 54 notice of meeting to change 42 voters to direct procuring of 46 lease or purchase of 46,54, 262 issuance of bonds for purchase of how designated 102 to be selected by a two-thirds' vote 102 proceedings to obtain 102-116 254 INDEX. The references are to compiler's sections. SITES FOR SCHOOLHOUSES Continued : compensation for, how determined in certain cases 107 claims against, settled by circuit judge 113 township board of education may purchase, etc ', 238, 412 board of education to estimate amount of money for 242 sale of tax homestead lands for SORORITIES : abolishment of, in public schools, etc 307-309 SPECIAL MEETINGS ; (See district meetings.) STAR SPANGLED BANNER: applicant for eighth grade diploma to memorize first verse of .... 204 STATE BOARD OF AGRICULTURE: election of, powers and duties J , 9-10 may grant teachers' certificates 210 duty of, to cooperate with supervisors in agricultural education 423 secretary of, to receive funds for agricultural extension work 425 STATE BOARD OF EDUCATION : election of, term of office, etc 8, 18 to grant certificates to graduates of colleges 207 may refuse to accept certain diplomas 209 power of, to provide for care of blind babies .' ' 296-300 to contract with institutions 297, 298 to be a body politic '.'. ' 335 powers and duties of 336 regarding state normal school 338, 346 members of, not to act as agent 339 to grant diplomas to graduates of state normal school 341, 342 to make report to legislature 345 to grant state certificates to teachers 350 persons desiring to teach, with whom to file certificates approved by ...... 353 powers and duties regarding central Michigan normal school 354-356 powers and duties regarding northern state normal school 358-360 to procure site for western state normal school 362 to have control, etc., of 363 to prescribe courses of study, grant diplomas, etc., in normal schools 364 STATE BOARD OF HEALTH : to approve text-books regarding communicable diseases 197 STATE BOARD OF LIBRARY COMMISSIONERS: duties of 367, 374 appointment and term of office of 373 who to constitute 373 vacancies in, how filled 373 reports of, to whom made, etc 374 appropriation for 376 STATE CERTIFICATES: to be granted to graduates of certain colleges 207 when granted to graduates of state normal school 341, 342 when granted by state board of education 350 STATE DEPARTMENTS: heads of, to transmit list of pamphlets to superintendent of public instruction . . 382 STATE INSTITUTIONS : maintenance of 12 certain, to be under supervision of superintendent of public instruction 20 heads of, to transmit list of pamphlets to superintendent of public instruction . . 382 STATE LANDS: interest from sale of, application of 13 STATE NORMAL SCHOOLS: professional instruction in 338 training school in 340 diplomas and certificates to graduates of 341, 342 an act to change the name of 357 physical training to be taught in 366 STATE PUBLIC SCHOOL: superintendent of public instruction to supervise instruction in 20 STATE TEACHERS' INSTITUTE: to be held annually 281 expenses of, how paid 281 STATE TREASURER: payment of transportation of indigent deaf children 292 of indigent blind children 295 ex officio treasurer of teachers' retirement fund 315 to reimburse district maintaining day school for deaf 428 STUDENT : minor child who is, not permitted in saloon, etc 305 STUDIES : to be prescribed 61 SUBCONTRACTORS : act insuring payment of 432-438 SUITS : may be brought for or against district 33 prosecution, etc., of, by or against district 46 treasurer to appear for district in 72 on treasurer's bond 72 INDEX. 255 The references are to compiler's sections. SUITS Continued : when moderator may appear In, for district 72 jurisdiction of Justices In 95 and judgments against district 95-101 summons In, served on treasurer 96 not brought to collect judgment 97 (See actions, judgments and proceedings.) SUPERINTENDENT OF COUNTY SCHOOLS OF AGRICULTURE, ETC. : who eligible as 422 SUPERINTENDENT OF PUBLIC INSTRUCTION: constitutional provisions relative to 4 election and term of office of 19 residence, qualifications, duties, etc 20 to direct supervision of county normal training classes 20 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 and assistant 21 to prescribe duties of assistant 21 to prepare list of library books 22 to prepare and print general course of study 22 to prepare rules for management of libraries duties relative to apportionment of primary school moneys 23, 25 to deliver books, etc., to successor 26 duties relative to school census 68 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 may grant kindergarten, drawing, etc., certificates 104, 195 copies of school text-books and dealers' bond to be filed with 176 special editions of text-books to be filed with to send copies of text-book lists to school authorities 178 duty of, as to violations of text-book act 179 when may suspend right to sell text-books 179 when to declare bond forfeited , 179 incorporated academies to report to 205 forms of teachers' certificates to be prepared by. . . questions for examinations of teachers to be prepared by to send examination questions to examining officers prescribe form of rules for boards of school examiners 218 to appoint assistant conductor of Institutes 220 annual reports of county commissioner to be made to 220 to assist county commissioner at county meeting of school officers when, may remove school trustee from office 252 appeals to, in actions relative to school districts annual county teachers' institutes to be held by 277 may appoint conductors of teachers' institutes when, may draw on state treasurer for aid to teachers' Institutes 280 expenses for state institutes, how drawn by 281 establishment of bureau of information in office of . 283 a member of teachers' retirement fund board 313 may prepare certain courses of study, etc 379 who to distribute report of 379 to prescribe forms for publication and distribution of report 379-381 and secretary public domain commission to select pamphlets sent to school districts 382-83 to approve course of study for rural high schools board of trustees of rural high schools to make certain report to 387 when may grant permission to establish county normal training classes 403 to be member of county normal board 404 to prescribe form of certificate of graduation from county normal training classes 405 to have general supervision of county schools of agriculture, etc to approve schools before placed upon approved list duty of, relative to establishment of day schools for deaf 423-430 when to approve plans for school buildings 443-45 may condemn school houses 444 when may close school houses 444 SUPERINTENDENT OF SCHOOLS : powers and duties of, in graded school districts 122 duty of, as to violations of text-book act 179 in township districts, by whom employed when president of board of education to perform duties of duty of, as to truants permit of, for employment of children ' 306 SUPERVISORS : map of township to be filed with 74 township clerk to certify taxes to 75, 263 to assess school taxes 78, 263 to assess one-mill tax 79 equalization of taxes by 81 certifying and levying taxes In fractional districts by 81 to deliver warrant for collection of taxes to township treasurer 82 to assess judgment against school district 101 liability for not assessing taxes 144 (See taxes.) 256 INDEX. The references are to compiler's sections. SURETY BONDS: payment of premium on * 46, 346 treasurer may furnish 121 346 SURPLUS OF DOG TAX: how apportioned 336 SUSPENSION : of pupils from school 63 of teachers' certificates 219 of pupils organizing fraternity, etc 308 SYSTEM OF HUMANE EDUCATION: act to provide 187-189 T. TAXABLE INHABITANTS: duties in relation to formation of district 28 penalty for neglect of duty 139 TAXATION : constitutional provisions relative to 1-2 exemption of school bonds from 446 TAXES : how surplus of one-mill, may be applied 33 non-taxpayers not to vote on question involving for repairs to schoolhouse for building schoolhouse or purchasing site 46 for apparatus, etc., for schoolhouse limit of, for certain purposes 46, 263 amount of, for services of district officers for incidental expenses limit of, for support of school estimated and reported by district board 55, 263 report of, by board to township clerk money raised by, not to be diverted for books for indigent children assessed on division of district when reported to supervisor 75. 263 apportionment of, when collected failing to be assessed, to be levied the next year supervisor to assess 78, 79. 263 assessment of 78, 79, 80 duties of township treasurer relative to collection of 78, 83 assessment, collection and disposition of in township before any school is maintained on old district for new certifying of, in fractional districts equalization of warrant for collection of apportionment of, when district is divided 84, 270 for school purposes to be paid next to township expenses 85 when township treasurer to pay out certain 87, 265 may be raised to pay borrowed money judgments against districts when credited on tuition of non-resident pupils for support of libraries liability of supervisors for not assessing for teachers' wages, etc., board of education to vote township school district, report of - amount of, how determined, etc school, to be kept in separate column on assessment roll school, to be in separate column for care, etc., of blind babies apportionment of surplus dog board of education to vote, for payment of tuition, etc., of eighth grade pupils.. TAX HOMESTEAD LANDS: sale of. for sites for schoolhouses 442 TEACHERS : payment of, from primary school interest fund public moneys not to be paid to, not holding certificates to keep school register * . . to be furnished with copy of contract contracts with 59, 122, 262 employment of 59, 122, 262 to file certificate' of instruction in physiology, etc., with director districts employing unqualified, deprived of primary money not to act as agent for school books, etc to certify to humane education in school qualifications of ; act to define qualifications of certain J X~ -to give instruction regarding prevention of communicable diseases salaries of, not affected because of holidays 203 when to have Declaration of Independence read 203 who to give, certificate to graduates of certain colleges 207-209 examination of, by county board of school examiners 216-217 certificates given to. by county board' of school examiners grades of, certificates 218 INDEX. 257 The references are to compiler's sections. TEACHERS Continued : revocation or suspension of certificates ; . 219, 342, 350 records of, certificates to be kept 220 list of, to be furnished township clerk 220 school district to employ legally qualified 224 In township school districts, by whom hired, contracts, etc 238 fees, to pay on obtaining certificates 275 may close school to attend institutes 278 registration of, desiring employment duty of, as to truants 287 duty of, in reporting fraternities, sororities, etc 308 contributions of, to retirement fund 318 when entitled to annuity 320 school, what deemed ._ ^ . _ . 324 certificates given to certain pupils of state normal school 341, 342 state board of education to grant certain certificates 350 examination of, by state board of education 350 with whom to file certain certificates 353 who to appoint, for rural high schools , 387 to make monthly report regarding children of indigent parents 402 how qualified by certificates of county normal training classes 406 how provided for 407 employment of, in day schools for deaf 430 TEACHERS' ASSOCIATIONS : formation and incorporation of 310-312 TEACHERS' INSTITUTES: superintendent of public instruction to appoint instructors, etc .' 20 funds for support of, how raised 275-276 annual, to be held in each county counties may be united in 277 teachers may close school to attend conductor of, may be appointed 278 expenses of, how paid 279 state treasurer to aid 280 state, to be held annually expenses of, how paid 281 expense vouchers for, where filed 282 who may publish outlines for 379 TEACHERS' RETIREMENT FUND: act providing 313-26 TEACHERS' RETIREMENT FUND BOARD: who to compose, duties, etc 313-19 secretary of. salary, etc 314 TEACHERS' WAGES : when primary school fund insufficient to pay 11 not affected because of holidays 203 TEACHERS' WAGES FUND: primary money to be accounted for under in township school district, tax for 238 TERM OF OFFICE : of state officers 4-9. 18-19 district officers 47, 120, 252 of members of certain city boards of education. 147 members of board of school examiners. board of trustees of rural high schools 386 of trustees in cities of fourth class 436 TEXT-BOOKS : by whom prescribed 61 not to be changed within period of five years on physiology, etc., by whom approved 61, 197, 351 use of, relative to nature and effects of alcoholic drinks 61, 238 to be approved by state board of education 61, 238 to be furnished to indigent children 62 district board to purchase, when authorized , 170-171 when to be property of district when proposals for, advertised who to make contract for furnishing who to estimate amount necessary to purchase when district board to purchase 174, 197 penalty for failure of district board to comply with law 175 regulation of sale of 176-186 conditions of sale of 176 filing of copies of 7 176 statement of price list of 176 bond to be filed by dealer in 176. 177 abridged or special editions of 176 combinations in, prohibited 176 copy of list of, to be sent to school authorities 178 illegal inducements to sale of 180 sample copies of 180 illegal charges for purchase and sale of, by districts -. 182, 183 resale of, on removal from district 185 in township school districts, board of education to select when question of free, submitted to voters 246 When, furnished free of charge 399 258 INDEX. The references are to compiler's sections. TOWNSHIP BOARD: may divide township into school districts 27 school districts to be numbered by 27 may alter boundaries of districts '. .27, 35, 150 clerk of, to notify taxable inhabitant of formation of district 28 duties of. in forming fractional districts 30 notice and number of meetings 34, 260 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. 270 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, 262 on determining site, to certify to directors 102 when to determine schoolhouse site 102. 262 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. 262 to apply for library moneys 128. 262 to have care of township library 129 when may consolidate school districts examination of reports of, by county commissioner of schools 220 township school district, meeting of, relative to organization 230 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 to establish highway to every school building 450 TOWNSHIP CLERK: notice of formation of new district to be given by 28, 29, 255 to give notice of meeting of township board. to notify director of alteration in district director to make annual report to 70 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. 258 records, reports, books, etc., to be kept on file by 73. 266 map of township to be filed by, with supervisor to report taxes to supervisor 75. 260 to apportion moneys to district 76. 77 to give notice to director of moneys apportioned 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 133-1 liability for neglect In transmitting reports liability for not reporting taxes to supervisor list of teachers to be furnished to 220. 266 township school district, duty relative to organization of 230,232,235 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 395 TOWNSHIP DISTRICT : organization of 255-270 officers of, board ." time and place of meeting of, board 258, 260 board, duties of amount of tax voted for report of, board disposition of property compensation of, board ; division of 270 TOWNSHIP SCHOOL DISTRICT: board of education to have charge of library In when township board may divide, etc., boundaries of relative to organization of trustees in, election of when, altered by annexation to another township when electors aggrieved by formation of TOWNSHIP TREASURER: warrants on, by whom signed 66. 67 to apply to county' treasurer for moneys to give notice of moneys to township clerk 86, 81 when to take duplicate receipts 87 INDEX. 259 The references are to compiler's sections. TOWNSHIP TREASURER Continued. to draw warrant for collection of taxes 90, 9J duties relative to taxes in fractional districts 91, 9s to pay school taxes next to township expenses 93 to hold moneys subject to proper orders and warrants 93, 262 library moneys to be paid by, to inspectors 128, 2o8, 262 to recover penalties, etc.. from certain officers 141, 143 in township school districts, duty of to be treasurer of board of trustees of rural high schools TOWNSHIP UNIT DISTRICTS: organization of in U. P.. appointment of truant officers in 286 TRADE. ETC., SCHOOLS : school district may establish, etc 410, 412 TRAINING CLASSES: (See county normal training classes.) TRAINING SCHOOL : in connection with state normal school 340 TRANSPORTATION : providing for. of eiehth grade pupils 46. 394 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 renort to district board to pay orders legally drawn, from proper fund bond required of deposit of ^moneys by 72 to appear for district in suits money paid to, from old district : 76 summons to be served on, In suits against district to certify judgment against district to supervisor 98-100 penalty for neglecting duties may collect damages from certain officers of board of education in township school districts, duties, etc 241, 249 (See district board, and moneys.) TRESPASS ON THE CASE: against school district, justices of the peace to have jurisdiction in cases of. ... 95 TRUANT OFFICERS: how appointed 286 compensation of ". 286 to enforce compulsory education laws 287 duty of, to examine into cases of truancy 287-288 to warn truants and their parents or guardians 287 to make complaint in truancy cases to enforce act relative to education of blind children to investigate where children unable to attend school 399-402 montMy report made by, relative to children of indigent parents 401 TRUANTS : to be tried by justice or recorder 288, 302 ungraded schools to be provided for 294 who deemed 295, 301 when sent to reformatory institutions 302 TRUSTEES : (See board of trustees.) TUITION : payment of, when pupils attend school in another district of non-resident pupils 65, 122 may be charged for studies in high schools in township school districts, of non-resident pupils payment of, of eighth grade pupils 394-397 in another district 398 U. UNGRADED SCHOOLS: may be established in graded school districts 289 juvenile disorderly persons to be sent to 290 UNION SCHOOL DISTRICT: (See graded school district.) UNITED STATES: act giving assent to grant of moneys from, for cooperative agricultural extension work 424-25 UNITED STATES FLAG: purchase of 202 UNIT SCHOOL DISTRICT: when township organized into 230 UNIVERSITY : constitutional provisions relative to 5-7, 12 superintendent of public instruction to supervise instruction in 20 regents of, may grant certain certificates 206 UPPER PENINSULA: appointment of truant officers in 286 34 260 INDEX. The references are to compiler's sections. V. VACANCY : how filled in district offices ' 4S-49 in board of trustees of graded school district how filled in board of school examiners in office of county commissioner of schools township school districts, in office of trustee in board of trustees of township school district. . . . ; in board of library commissioners 373 (See appointment.) VACATION PERMITS: issue of, for employment of children VARIETY THEATERS: children not permitted in, etc 305 VENIRE : in proceedings to obtain site 104, 106 VISITATION : and examination of schools 220, 262 VOTERS : who are qualified 43, 232 challenge of powers of 46. 91 registration of, in school districts 162-f qualifications of, in cities of fourth class (See district meetings.) VOTES : cast by women at school elections in certain cities, to be returned separately. . . . VOUCHERS : for expenditures far treasurer for payments at teachers' institutes W. WAGES : of school teachers not affected because of holidays WARDS : school census to be taken by, in certain cities WARRANTS : on state treasurer for primary school interest fund on township treasurer 66, 67, 85. 258 to township treasurer for collection of taxes 82-? for moneys used in township school districts, who to draw, etc WASHINGTON'S BIRTHDAY: observance of, by public schools 203 WATER SUPPLY : district to vote amount of money for ., district board to furnish 60 WESTERN STATE NORMAL SCHOOL : act to establish 351-353 certain department to be maintained at 365 WITNESSES : in proceedings to obtain site summoning of, in cases where teacher is accused WOMEN : who qualified to vote at school elections in certain cities registered in separate register qualified as voters at district meeting 43. 232 eligible to election as district officers 50. 232 WORK PERMITS: who to issue, to children Y. YEAR, SCHOOL: when to commence, length of 11, 40, 4^ UNIVERSITY. OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. 20m-l,'22 065' 381337 UNIVERSITY OF CALIFORNIA LIBRARY