RLF THE GENERAL SCHOOrUWS OF MICHIGAN WITH APPENDIXES COMPILED AT THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION 1898 BY AUTHORITY LANSING, MICH. ROBERT SMITH PRINTING CO., STATE PRINTERS AND BINDERS 1898 THE GENERAL SCHOOL LAWS MICHIGAN WITH APPENDIXES COMPILED AT THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION 1898 BY AUTHORITY ^ OF THE UNIVERSITY LANSING, MICH. ROBERT SMITH PRINTING CO., STATE PRINTERS AND BINDERS 1898 L 3 CONTENTS. CONSTITUTIONAL PROVISIONS. Article VIII. State officers, 6 Article XIII. Education, - - 7 STATUTORY PROVISIONS. Chapter I. Superintendent of Public Instruction, ..... 10 Chapter II. Formation, Alteration, Meetings and Powers of bistricts, - - 12 Chapter III. District Board and Officers, - 19 Chapter IV. Township Officers, 28 Chapter V. County Clerk and Treasurer, - - 34 Chapter VI. Bonded Indebtedness of Districts, ------ - 34 Chapter VII. Suits and Judgments against Districts, - - - - - 36* Chapter VIII. Sites for Schoolhouses, .... .... 37 Chapter IX. Appeals from Action of Inspectors, 42 Chapter X. Graded School Districts, - 43 Chapter XI. Publication of Financial Statement by School Board, 46 Chapter XII. Libraries, - ^ 46 Chapter XIII. Examination of Teachers and Supervision of Schools, - 49 Chapter XIV. Penalties and Liabilities, 56 Chapter XV. Election of School Inspectors, 58 Chapter XVI. Teachers' Institutes, - 59 Chapter XVII. Normal School Diplomas and Certificates, - 62 Chapter XVIII. State Certificates to Teachers, ... -63 Chapter XIX. The Relations of Existing Normal Schools, - 63 Chapter XX. Teachers' Associations, 64 Chapter XXL Safe Keeping of Public Moneys, 65 Chapter XXII. Compulsory Education of Children, 66 Chapter XXIII. To Prevent Crime and Punish Truancy, - - - - 69 Chapter XXIV. Free Text-books, - - 70 Chapter XXV. Uniformity of Text-books, 72 Chapter XXVL Organization of Township Districts, - - 77 Chapter XXVII. Introduction of the Kindergarten, 82 Chapter XXVIII. University Diplomas and Certificates, 83 180914 4 CONTENTS. Page- Chapter XXIX. College Diplomas and Certificates, 83 Chapter XXX. Restriction of Communicable Diseases, 84 Chapter XXXI. Examination for Admission to Agricultural College, - - 85 Chapter XXXII. Purchase of United States Flags, - 86 Chapter XXXIII. Agricultural College Course, 86 NOTE. Apportionment of Surplus Dog-Tax to Districts, - - - - - 87 APPENDIXES. Appendix A. Digest of Decisions of the Supreme Court, 88 Appendix B. Forms for Proceedings, Ill INTRODUCTORY. In compiler's section No. 3 of the General School Law (this book) may be found the law which makes it the duty of the Superintendent of Public Instruction to publish and transmit to school officers all general laws relating to schools. In compliance with this law this pamphlet is issued and sent by mail to county commissioners of schools and county officers, also by freight to commissioners of schools in sufficient number for each and every school officer under their jurisdiction. The amendments to the school law made by the Legislature of 1895 were especially noticed in the introductory preface to the edition of that year. I have found it necessary to renumber some of the chapters in the back part of this edition, but so far as practicable have followed the same general order as in former editions. The attention of school officers is called to the amendments and additions to the school laws made by the Legislature of 1897. They are as follows: 1. Amendment to section 22 of chapter III, requiring in city census list, the street number of pupils and name of parent or guardian. 2. Addition of chapter XI, providing for the publication of financial statement by the school board of graded districts. 3. Addition of chapter XIX, fixing the relation of existing normal schools. 4. Amendments to chapter XXIII, providing a penalty for truancy. 5. Addition of chapter XXV, providing a uniform series of text- books. 6. Addition of chapter XXXIII, making it the duty of the Superin- tendent of Public Instruction to provide a Course of Study for admission to the Agricultural College. The digest of Supreme Court decisions embodied in Appendix A has been brought up to date, and the index carefully revised. I have also added certain forms in Appendix B to aid school officers in the enforce- ment of the compulsory law. JASON E. HAMMOND, Superintendent of Public Instruction. SCHOOL LAWS OF MICHIGAN, CONSTITUTIONAL, PROVISIONS. ARTICLE VIII. STATE OFFICERS. SECTION 1. There shall be elected at each biennial election, state office rs a Secretary of State, a Superintendent of Public Instruction, to be elected. a State Treasurer, Commissioner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. They shall keep their offices at the seat of government, and where to keep shall perform such duties as may be prescribed by law. offices. SEC. 2. Their term of office shall commence on the first day Term of office of January, one thousand eight hundred and fifty-three, and of every second year thereafter. SEC. 3. Whenever a vacancy shall occur in any of the State vacancy, how offices, the Governor shall fill the same by appointment, by and fllled - with the advice and consent of the Senate, if in session. ARTICLE XIII. EDUCATION. SECTION 1. The Superintendent of Public Instruction shall Duties of have the general supervision of public instruction, and his superintendent j ,. i ii i -1-111 of public m- duties shall be prescribed by law. struction. SEC. 2. The proceeds from the sales of all lands that have school fund, been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands GENERAL SCHOOL LAWS. Escheats. Free schools. Instruction conducted in English Ian- District schools. When de- prived of pub- lic money. Election of regents of the university. or other property given by individuals or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appro- priated and annually applied to the specific objects of the original gift, grant, or appropriation. SEC. 3. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the State; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools. SEC. 4. The Legislature shall, within five years from the adoption of this constitution, provide for and establish a sys- tem of primary schools, whereby a school shall be kept with- out charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said schools shall be conducted in the English language. SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neg- lecting to maintain such school shall be deprived for the ensu- ing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. 'SEC. 6. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a Justice of the Supreme Court, eight Regents of the University, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeed- ing their election. At every regular election of a justice of the Supreme Court thereafter, there shall be elected two Regents, whose terms of office shall be eight years. When a vacancy shall occur in the office of Regent, it shall be filled by appointment of the Governor. The Regents thus elected shall constitute the Board of Regents of the University of Michigan. SEC. 7. The Regents of the University, and their successors in office, shall continue to constitute the body corporate known by the name and title of " The Regents of the University of Michigan." SEC. 8. The Regents of the University shall, at their first annual meeting, or as soon thereafter as may be, elect a presi- dent of the University, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, and be the principal executive officer of the University. The Board of Regents shall have the general supervision of the University, and the direction and control of all expenditures from the University interest fund. SEC. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of the State Board of Education; one for two years, one for Vacancy, how filled. Regents a body corporate. President of the university. University interest fund. State board of education. GENERAL SCHOOL LAWS. 9 four years, and one for six years; and at each succeeding bien- nial election there shall be elected one member of such board, who shall hold his office for six years. The Superintendent of Superintend- Public Instruction shall be ex offitio a member and secretary f^Sc^Sm^ of such board. The board shall have the general supervision memb er. of the State Normal School, and their duties shall be pre- careofnor- scribed by law. SEC. 10. Institutions for the benefit of those inhabitants Asylums. who are deaf, dumb, blind, or insane, shall always be fostered and supported. SEC. 11. The Legislature shall encourage the promotion of Agricultural intellectual, scientific, and agricultural improvement; and sc shall, as soon as practicable, provide for the establishment of an agricultural school. The Legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have already been sold, and any land which may here- after be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the University, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the Kegents of the University. SEC. 12. The Legislature shall also" provide for the estab- Libraries, lishment of at least one library in each township and city; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclu- Penal fines to sively applied to the support of such libraries, unless other- {Xr^S* 1 f wise ordered by the township board of any township or the board of 'education of any city : Provided, That in no case Proviso, shall such fines be used for other than library or school purposes. ARTICLE XIV. FINANCE AND TAXATION. SECTION 1. All specific State taxes, except those received Specific taxes, from the mining companies of the upper peninsula, shall be applied in paying the interest upon the primary school, uni- versity, and other educational funds, and the interest and principal of the State debt, in ttie order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the primary school interest fund. The Legislature shall provide for an annual tax, suf- Tax for state ficent with other resources, to pay the estimated expenses of the State government, the interest of the State debt, and such deficiency as may occur in the resources. 2 10 GENERAL SCHOOL LAWS. STATUTORY PROVISIONS. Act No. 164, Laws of 1881, as amended by Session Laws of 1883-85-87-89-93-95. CHAPTER I. Powers and duties of. To make an- nual report. Contents of. Deputy super- intendent. Duties of. THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1.) SECTION 1. The People of the State of Michigan enact, That the Superintendent of Public Instruction shall have gen- eral supervision of public instruction and of all State institu- tions, other than the University, that are essentially educa- tional in their character; and it shall be his duty among other things, to visit the University, the Agricultural College, the Institution for the Deaf and Dumb, the School for the Blind, the Industrial School for Boys, the Industrial School for Girls, and the Public School for Dependent and Neglected Children, and to meet with the governing boards of each of said institu- tions at least once in each year. He shall also prepare annu- ally and transmit to the Governor, to be by him transmitted to the Legislature at each biennial session thereof, a report containing : First, A statement of the condition of the University and of each of the several State educational institutions, all incor- porated institutions of learning, and the primary, graded, and high schools; Second, Estimates and amounts of expenditures of all educa- tional funds; Third, Plans for the management of all educational funds, and for the better organization of the educational system, if in his opinion the same be required; Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all State institutions of educational character; Fifth, Abstracts of the annual reports of the school inspect- ors of the several townships and cities of the State; Sixth, All such other matter relating to his office and the subject of education generally, as he shall deem expedient to communicate. (2.) SEC. 2. He may appoint a deputy superintendent of public instruction and revoke such appointment in his dis- cretion, and such deputy shall take the constitutional oath of office which, with his appointment, shall be filed with the Secretary of State. Said deputy may execute the duties of the office in case of a vacancy or the absence of the Superin- tendent. (3.) SEC. 3. The Superintendent of Public Instruction shall compile and cause to be printed all general laws relating; GENERAL SCHOOL LAWS. 11 to schools, together with all necessary forms, regulations, and school laws to instructions for conducting all proceedings under said laws, and published or relative to the organization and government of the schools, ^jj n <> rms ' including rules and regulations for the management of town- e ship and district libraries, and shall transmit the same to the several officers entrusted with the care and management of said schools. (4.) SEC. 4. He shall semi-annually, on receiving notice Apportion- from the Auditor General of the amounts thereof, and ]j ^hoo'i between the first and tenth days of May and November, appor- fund, etc. tion the primary school interest fund among the several town- ships and cities of the State, in proportion to the number of children in each between the ages of five and twenty years, see App. A, as the same shall appear by the reports of the several boards 154 of school inspectors made to him for the school year closing prior to the May apportionment, and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliever the same to the Auditor General, who shall there- upon draw his warrant upon the State Treasurer in favor of the treasurer of each county for the amount payable to each county. He shall also send written notices to the clerks of the Notice to several counties of the amount in the aggregate to be dis- ? amount? 8 bursed in their respective counties, and the amount payable disbursed, to the townships and cities therein respectively. (5.) SEC. 5. Whenever the returns from any county, town- proceedings ship, city, or district, upon which a statement of the amount g^J ^. de " to be disbursed or paid to any such county, township, city or turns, 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. (6.) SEC. 6. Whenever any county, township, city, or dis- trict, through failure or error in making the proper report, shall fail to receive its share of the primary school interest the next year, fund, the Superintendent of Public Instruction, upon satis- factory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said Superintendent that any district has had *three months' school but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportion- ment of the primary school interest fund in his discretion. (7.) SEC. 7. The Superintendent of Public Instruction other duties shall perform such other duties as are or shall be required of fendent. in him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, *See H"ll, 27. 12 GENERAL SCHOOL LAWS. reports, and all other papers belonging to his office or which may have been received by him for the use of his office. CHAPTER II. FORMATION, ALTERATION, MEETINGS, AND POWERS OF DISTRICTS. Inspectors to form districts. May alter boundaries of. See App. A. 148. Township clerk to de- liver notice of formation to inhabitant. See App. B., forms 1, 2, 3. Inhabitant to serve notice of first meeting. See 139. Return of notice. Notice and return to be recorded. Proceedings in case of fail- ure to organ- ize district. Formation of fractional districts. (8.) SECTION 1. The township board of school inspectors shall divide the township into, such number of school districts as may from time to time be necessary, which districts they shall number; and they may regulate and alter the boundaries of the same as circumstances shall render proper, subject to the provisions hereinafter made: but no district shall contain more than nine sections of land, and each district shall be com- posed of contiguous territory and be in as compact a form as may be. (9.) SEC. 2. Whenever the board of school inspectors of any township shall form a school district therein, it shall be the duty of the clerk of such board to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his place of residence, of the time and place of said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly, and said inhab- itant, when he shall have notified the qualified voters as re- quired by such notice, shall endorse thereon a return showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting, to be by him delivered to the director chosen at such meeting, and by said director recorded at length as a part of the records of such district. (10.) SEC. 3. In case the inhabitants of any district shall fail to organize the same in pursuance of such notice as afore- said, the said clerk shall give a new notice in the manner here- inbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered. (11.) SEC. 4. Whenever it shall be necessary or conve- nient to form a district from two or more adjoining townships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a frac- tional district, and direct which township clerk shall make and deliver the notice of the formation of the same to a tax- able inhabitant thereof, and may regulate and alter such dis- trict 'as circumstances may render necessary in the same man- GENERAL SCHOOL LAWS. 13 ner that other districts are altered. The annual reports of TO whom di- the director of such district shall be made to the inspectors of ^Mctshan 1 the township in which the schoolhouse may be situated, and report, the inspectors of such township shall number said district. (12.) SEC. 5. Every such school district shall be deemed when district duly organized when any two of the officers elected at 'the first f^med organ- meeting shall have filed their acceptances in writing with the director, and the same shall have been recorded in the minutes of such first meeting. Every school district shall, in all cases, Presumption be presumed to have been legally organized, when it shall have J^JJ 1 organ " exercised the franchises and privileges of a district for the term of two years; and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and see A PP . A, be subject to all the duties and liabilities conferred upon school 25 ' 29 ' 39 ' 47> districts by law. (13.) SEC. 6. The record of the first meeting made by the Director's rec- director shall be prima facie evidence of the facts therein set meetLg^o be forth, and of the legality of all proceedings in the organization evidence, of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the school inspectors, as evidence. CORPORATE POWERS OF DISTRICTS. (14.) SEC. 7. Every school district organized in pursuance school dis- of this chapter, or which has been organized and continued under any previous law of the State or territory of Michigan, rate- shall be a body corporate and shall possess the usual powers of a corporation for public purposes, by the name and style of " School District Number - (such number as shall be Name and designated in the formation thereof by the inspectors), of 8tyle< " (the name of the township or townships in which the district is situated), and in that name shall be capable of suing Powers of. and being sued, of contracting and being contracted with, and of holding such real and personal estate as is authorized to be purchased by the provisions of law, and of selling the same. ALTERATION OF DISTRICTS, (15.) SEC. 8. Whenever the board of school inspectors Meetings of shall contemplate an alteration of the boundaries of a dis- iSfffSsSc trict, the township clerk (and for meetings of boards to act in relation to fractional districts, clerks of the several townships interested) shall give at least ten days 7 notice of the time and place of meeting of the inspectors and the alterations pro- posed, by posting such notice in three public places in the town- Notice of. ship or townships, one of which notices shall be in each of the see A PP . B, districts that may be affected by such alteration. Whenever ^Vpp. Ai the board of school inspectors of more than one township meet, w 1. se, as, 14 GENERAL SCHOOL LAWS. they shall elect one of their number chairman and another clerk thereof. (16.) SEC. 9. The inspectors may, in their discretion, de- tach the property of any person or persons from one district and attach it to another, except that no land which has been taxed for building a schoolhouse shall be set off into another school district for the period of three years thereafter, except by the consent of the owner thereof; and no district shall be divided into two or more districts without the consent of a majority of the resident taxpayers of said district, and no two or more districts be consolidated without the consent of a majority of the resident taxpayers of each district. (17.) SEC. 10. The inspectors may attach to a school dis- trict any person residing in a township and not in any organ- ized district, at his request; and for all district purposes except raising a tax for building a schoolhouse, such person shall be considered as residing in such district, but when set off to a new district, no sum shall be raised for such person as his proportion to the district property. (18.) SEC. 11. In all cases where an alteration of the boundaries of a school district shall be made, the township clerk shall, within ten days, deliver to the director of each dis- trict affected by the alteration, a notice in writing setting forth the action of the inspectors and defining the alterations that have been made. Powers of inspectors to alter districts. See App. A, 11 2, 3, 37, 41, 42, 43, 45, 98. When consent of taxpayers to be obtained. See 110. Persons out of district may be attached thereto in cer- tain cases. Township clerk to give notice of alter- ation in dis- tricts. See App. B, for 4. When district is divided property to be apportioned. See App. A, 11 3, 4, 40, 98, 105 When school- house or site is not needed, may be sold. See App. A, 1 44. Proceeds of sale to be ap- portioned. How propor- tion to be ascertained. DIVISION OF PROPERTY. (19.) SEC. 12. When a new district is formed in whole or in part, from one or more districts possessed of a schoolhouse or entitled to other property, the inspectors, at the time of forming such new district or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new dis- trict, of the value of the schoolhouse and other property be- longing to the former district, at the time of such division; and whenever by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes and shall not be desired for use by the new district in which it may be situated, the school inspectors of the township in which such schoolhouse and site shall be located, may advertise and sell the same, and apportion the proceeds of such sale and also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district. (20.) SEC. 13. Such proportion shall be ascertained and determined according to the value of the taxable property of ( 19 ) Upon investieation we are of the opinion that the school inspectors of the township have full and absolute control over the advertisement, sale, and apportion- ment of the proceeds among the several districts, erected in whole or in part there- from. -Fan Riper, Attorney General, July 24, 1882. GENERAL SCHOOL LAWS. 15 the respective parts of such former district at the time of the division, by the best evidence in the power of the inspectors; and such amount of any debt due from the former district which would have been a charge upon the new, had it remained in the former district, shall be deducted from such proportion : Provided, That no real estate thus set off, and Proviso, which shall not have been taxed for the purchase or building of such schoolhouse, shall be entitled to any portion thereof, nor be taken into account in such division of district property. DISTRICT MEETINGS. (21.) SEC. 14. The annual meeting of each school district Annual shall be held on the first Monday of September in each year, meetin g- and the school year shall commence on that day : Provided, school year. That any school district that shall so determine at an annual meeting, or at a special meeting duly called for that purpose, Date of annual may hold its annual meeting on the second Monday of July 5Jf in each year, or in the same manner may thereafter change the time of its annual meeting to the first Monday in September in each year; and the trustees and officers of the district shall date their terms of office from the date so chosen and until their successors are elected and qualified: Provided, Proviso further, That such action in either case shall not change the time of the commencement of the school year or the taking of the annual school census. (22.) SEC. 15. Special meetings may be called by the dis- special meet- trict board ; and it shall be the duty of said board, or any of ings * them, to call such meetings on the written request of not less than five legal voters of the district, by giving the notice See A PP . B, required in the next succeeding section; but no special meet- form8 ' ing shall be called, unless the business to be transacted may when may lawfully come before such meeting, and no business shall be not be called - transacted at a special meeting unless the same be stated in the Business of to notice of said meeting. notice ted in (23.) SEC. 16. All notices of annual or special district Notice of meetings, after the first meeting has been held as aforesaid, meetin s 8 - shall specify the day and hour and place of meeting, and shall seeA PP . B, be given at least six days previous to such meeting, by posting forms 7 ' 9 - up copies thereof in three of the most public places in the dis- trict, one copy of which for each meeting shall be posted at the outer door of the district schoolhouse, if there be one; and in case of any special meeting called for the purpose of estab- lishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That Duty of dis- when any of the district board shall receive a request to call a ^ ^g to special meeting, as provided in the preceding section, he shall forthwith give notice as above provided, of said meeting, which shall be called in not less than six nor more than twelve days from the time the said officer shall receive the notice 16 GENERAL SCHOOL LAWS. When annual meeting not illegal for ' want of notice. Who are qual- ified voters at district meet- ings. Challenging voters. Oath to be tendered challenged voters. False oath deemed per- jury. Disorderly persons at dis- trict meetings to be taken into custody. aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent. (24.) SEC. 17. Every citizen of the age of twenty-one years who has property assessed for school taxes in any school dis- trict and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory be- longing to such district at the time of holding said meeting, shall be a qualified voter in said meeting upon all questions, and all other citizens who are twenty-one years of age and are the parents or legal guardians of any children included in the school census of the district, and who have for three months as aforesaid, been residents of said district or upon any territory belonging thereto at the time of holding any school meeting, shall be entitled to vote on all questions arising in said district which do not directly involve the raising of money by tax. (25.) SEC. 18. If any person offering to vote at a school dis- trict meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged, the qualifications of a voter; and if such person shall state that he is qualified and the challenge shall not be withdrawn, the chairman shall ten- der to him an oath in substance as follows : "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district or residing upon territory now attached to this school district, and that you pay a school district tax therein ;" and every person taking this oath shall be permitted to vote upon all questions proposed at such meetings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school dis- trict or residing upon territory now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall wilfully take a false oath or make a false affirmation, under the provisions of this sec- tion shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immedi- ately after the vote has been taken shall be deemed to be made when offering the vote and treated in the same manner. (26.) SEC. 19. If at any district meeting any person shall conduct himself in a disorderly manner and, after notice from the moderator or person presiding, shall persist therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable. GENERAL SCHOOL LAWS. 17 or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who s,hall refuse Penalty for to withdraw from such meeting on 'being so ordered as herein provided, and also any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or inde- cent discourse, or in any other way make such disturbance shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days; and any justice of \vhohaii the peace, recorder, or police justice of the township, ward, or city where such offense shall be committed, shall have jurisdiction to try and determine the same. (27.) SEC. 20. The qualified voters in any school district Powers of when lawfully assembled at the first and at each annual meet- ing, or at any adjournment thereof, or at any special meeting lawfully called, except as hereinafter provided, shall have power : First, At the first meeting and at any meeting after the TO appoint organization of the district, in the absence of the moderator, oSra. ary to appoint a chairman for the time being, and in the absence of the director to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify the same to the director, to be by him entered in the rec- ords of the district; Second, To adjourn from time to time as occasion may require; May adjourn. Third, To elect district officers as hereinafter provided; TO elect offi- Fourth, To designate, as hereinafter provided, a site or such j- ss 28 107 number of sites as may be desired for schoolhouses, and to TO designate' change the same when necessary ; housed 8< Fifth, To direct the purchasing or leasing of a site or sites, loVireot P ur- lawf ully determined upon, the building, hiring or purchasing chase, etc., of of a choolhouse or houses, or the enlarging of a site or sites previously established ; Sixth, To vote such tax as the meeting shall deem sufficient, TO vote tax to purchase or lease a site or sites, or to build, hire, or pur- e?c. buildingl chase a schoolhouse or houses ; but the amount of taxes to be Limit of tax. raised in any district for the purpose of purchasing or build- ing a schoolhouse or houses in the same year that any bonded indebtedness is incurred, shall not exceed In districts contain- See ?s. ing less than ten children between the ages of five and twenty years, two hundred fifty dollars; in districts having between ten and thirty children of like age, it shall not exceed five hun- dred dollars; and in districts having between thirty and fifty children of like age, it shall not exceed one thousand dollars. No legal subdivisions [subdivision] of land shall be taxed for when land building a schoolhouse, unless some portion thereof shall be not taxable within two and one-half miles of said schoolhouse site; (27, ITelght.) All sales thus made shall be In the corporate name of the school dis- trict, as provided in Section 7, Chapter 2, of said Act 164, while the deed or deeds of the conveyance of lands sold as above provided shall be executed by the district board iu their official capacity, but in the name of such district. Fan Riper, Attu. Gen., July 24, 1888. 3 18 GENERAL SCHOOL LAWS, To vote tax for certain pur- poses. See App. A, 1197, 101. Limit of tax. To direct sale of certain property. Direct in re- gard to suits. May appoint building com- mittee. At annual meeting to determine limit of school. Forfeiture of public moneys. When dis- trict board to determine length of school. May appropri- ate surplus mill tax to certain pur- poses. Seventh, To impose such tax as shall be necessary to. keep their schoolhouse or houses in repair, and to provide the neces- sary appendages and school apparatus, and in districts having district libraries, for the support of the same, and to pay and discharge any debts or liabilities of the district lawfully incur- red, and also to pay for the services of any district officer. The tax herein authorized to be voted shall not exceed one- half the amount which the district is authorized to raise for building schoolhouses; Eighth, To authorize and direct the sale of any schoolhouse, site, building, or other property belonging to the district, when the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party, or interested; Tenth, To appoint, as in their discretion it may be necessary, a building committee to perform such duties in supervising the work of building a schoolhouse, as they by vote may direct ; Eleventh, At the first and the annual meeting only, to deter- mine the length of time a school shall be taught in their dis- trict during the ensuing year, which shall not be less than nine months in districts having eight hundred children over five and under twenty years of age, and not less than five months in all other districts, on pain of forfeiture of their share of the primary school interest fund; but in case such matters shall not be determined at the first annual meeting, the district board shall determine the same; and in case the district fails to vote for at least the minimum length required herein, the district board shall make provisions for said minimum length of school; Twelfth, To appropriate any surplus moneys arising from the one-mill tax, after having maintained a school in the dis- trict at least eight months in the school year, for the purpose of purchasing and enlarging school sites, or for building or repairing schoolhouses, or for purchasing books for library, globes, maps, and other school apparatus, or for any incidental expenses of the school. CHAPTER III. DISTRICT BOARD AND OFFICERS. Election of district offi- cers. See App. A, TT 151, 152. See 140, 147. See App. A, T49. (28.) SECTION 1. At the first meeting in each school dis- trict there shall be elected by ballot a moderator for the term of three years, a director for two years, and an assessor for one year; and on the expiration of their respective terms of office, re g u l ar ty thereafter at the annual meetings, their several (28.) School district officers cannot be elected by a bare plurality vote. In electing officers th school district acts in its corporate capacity, and no corporate action can be had without the concurrence of the majority. Kirchner, Atty. Gen., July 18, 1877. GENERAL SCHOOL LAWS. 19 successors shall be elected in like manner for a term of three years each. The time intervening between the first meeting Term of office. in any school district and the first annual meeting thereafter shall be reckoned as one year. (29.) SEC. 2. A school district office shall become vacant when district upon the occurrence of any of the following events: be 8ha11 First, The death of the incumbent; vacant. Second, His resignation; Third, His removal from office; Fourth, His removal from the district; Fifth, His conviction of any infamous crime; Sixth, His election or appointment being declared void by a competent tribunal; Seventh, His neglect to file his acceptance of office, or to give or renew any official bond, according to law. (30.) SEC. 3. In case any one of the district offices vacancies in becomes vacant, the two remaining officers shall immediately Sued! hc fill such vacancy ; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies ; in case any vacancy is not see A PP . B, filled as herein provided, within twenty days after it shall have forms u ' 15- occurred, or in case all the offices in a district shall become vacant, the board of school inspectors of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy Term of office in a district office shall hold such office until the next succeed- offi*er >ointed ing annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. (31.) SEC. 4. Any qualified voter in a school district who who are eii- has property liable to assessment for school taxes shall be gjjj to hold eligible to election or appointment to office in such school dis- trict, unless such person be an alien. (32.) SEC. 5. Within ten days after their election or Acceptances appointment, the several officers of each school district shall Semed 68 * file with the director written acceptances of the offices to which they have been respectively elected or appointed, and see A PP . B. such acceptances shall be entered in the records of the district orm 5 ' by said director. (33.) SEC. 6. The moderator, director, and assessor shall District constitute the district board. Meetings of the board may be J^ng^o? called by any member thereof by serving on the other mem- mft y be called bers a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place ; (29.) The temporary absence of the assessor does not create a vacancy in the office. If his family continues t-> reside in the district and he has not actually removed, he retains his residence and with it his office. A removal is necessary; and a temporary absence, his family remaining, is not a removal and there is no vacancy. Fan River. Atty Qen, Feb. 8, 1882. (33.) The district board should act together. It is not necessary for valid official action that all the members should be consulted, but opportunity must be given to all the members to express their opinion and to vote upon the Questions submitted to them. Ki >chner, Atty. Gen., Dec. 4, 1877. (33.) Whenever a power is vested in a board for a public purpose, it requires a quorum to act and a majority of that quorum to determine a matter before it. Kirchner, Atty. Gen., Apr. 7, 1879. 20 GENERAL SCHOOL LAWS. Necessity of meeting to valid action by board. Quorum of board. Board to pur- chase record books, etc. See App. A, f 103. Board to pur- chase site and build school- house. See App. A, If 114, 124. Necessity of title or lease to site betore building schoolhouse. See App. B, forms 23. 24, 25. Board to esti- mate tax for support of schools. Limit of tax in certain cases. When board may borrow money. Board to re- port district taxes to town- ship clerk. See Ai>p. B, form 12. and no act authorized to be done by the district board shall be valid, unless voted at a meeting of the board. A majority of the members of the board at a meeting thereof shall be neces- sary for the transaction of business. (34.) SEC. 7. The said district board shall purchase a record book, and such other books, blanks, and stationery as may be necessary to keep a record of the proceedings of the district meetings and of meetings of the board, the accounts of the assessor, and for doing the business of the district in an orderly manner. (35.) SEC. 8. The district board shall purchase or lease in the corporate name of the district, such sites for school- houses as shall have been lawfully designated, and shall build r hire, or purchase such schoolhouses as may be necessary, out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in any case shall build a stone or brick schoolhouse upon any site without having first obtained a title in fee to the same or a lease for ninety-nine years ; nor shall any district build a frame schoolhouse on any site for which they have not a title in fee or a lease for fifty years, without securing the privilege of removing the said schoolhouse, when lawfully directed so to do by the qualified voters of the district at any annual or special meeting when lawfully convened. (36.) SEC. 9. It shall be the duty of the district board to- estimate the amount necessary to be raised in addition to other school funds, for the entire support of such schools,, including teachers' wages, fuel, and other incidental expenses,. and for deficiencies of the previous year for such purposes. But in districts having less than thirty scholars, such estimate, including the district's share of the primary school interest fund and one-mill tax, shall not exceed the sum of fifty dollars a month for the period during which school is held in such district; and when such amount has been estimated and voted by the district board, it shall be reported for assessment and collection, the same as other district taxes. When a tax has been estimated and voted by the district board under the pro- visions of this section, and is needed before it can be collected, the district board may borrow to an amount not exceeding the amount of said tax. (37.) SEC. 10. The district board shall, between the first and third Mondays in September in each year, make out and deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the preceding year and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district. (35.) The record of a lease for a term of years is not essential to its validity, though leases for a longer term than three years should be recorded, in order to render them effectual against subsequent purchasers 1n good faith and for a valuable considera- tion. The non-payment of rent does not ipso facto terminate the lease. Kirchner, Atty Gen., Sept. 26, 1877. GENERAL SCHOOL LAWS. 21 (38.) SEC. 11. The district board shall apply and pay over Board to ap - all school moneys belonging to the district, in accordance S d T n g D to 8 a " with the provisions of law regulating the same ; and no money law - raised by district tax shall be used for any other purpose than that for which it was raised, without a consenting vote of two-thirds of the tax paying voters of the district; and no moneys received from the primary school interest fund, nor from the one-mill tax, except as provicjed by law, shall be appropriated to any other use than the payment of teachers' wages, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from pro- per legal authority before the commencement of his school. No school district shall apply any of the moneys received by it Sectarian from the primary school interest fund or from any and all other sources, for the support and maintenance of any school moneys, of a sectarian character, whether the same be under the con- trol of any religious society or made sectarian by the school district board. (39.) SEC. 12. Said board shall present to the district, at Board to make each annual meeting, a report in writing containing an accur- annual report, ate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the dis- bursements made by them, with the items of such receipts and disbursements. Such report shall also contain a state- contents of. ment of all taxes assessed upon the taxable property of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particu- lar purpose; and said report shall be entered by the director in the records of the district. (40.) SEC. 13. The district board shall hire and contract Board to hire with such duly qualified teachers as may be required; and all ^ e * c ^ er8 ' B contracts shall be in writing and signed by a majority of the forms 2?,' 27.' board on behalf of the district. Said contracts shall specify contracts, the wages agreed upon and shall require the teacher to keep a correct list of the pupils, and the age of each attending the school register school, and the number of days each pupil is present, and to tobekept - furnish the director with a correct copy of the same at the see 147. close of the school. Said contract shall be filed with the contracts to director, and a duplicate copy of the contract shall be fur- be filed> nised to the teacher. No contract with any person not hold- Teacher must ing a legal certificate of qualification then authorizing such person to teach shall be valid; and all such contracts shall terminate, if the certificate shall expire by limitation andseeApp. A, shall not immediately be renewed, or if it shall be suspended JJ f ^s,^. 90 ' 91 ' or revoked by proper legal authority. A school month within school month the meaning of the school laws shall consist of four weeks defined - of five days in each week, unless otherwise specified in the teacher's contract. (38.) I am inclined to think that no money raised by district taxes can be used for any other purpose than that for which it waa raised, unless by vote of two-thirds of the tax paying voters of the district. I think this section must be strictly and liter- ally observed. Kirchner, Aity. Gen., Sept. 26, 1877. 22 GENERAL SCHOOL LAWS. Care and use of school- house. Board may exclude pub- lic meetings at certain times. Board to spec- ify studies and prescribe text-books. Instruction jn physiology, and hygiene required. Text-books in physiology, etc., to be approved by state board of education. Purchase of books for poor children. (41.) SBC. 14. The district board shall have the care and custody of the schoolhouse and other property of the district, except so far as the same shall by vote of the district be specially confided to the custody of the director, including all books purchased for the use of indigent pupils, and shall open the schoolhouse for public meetings, unless by a vote at a district meeting it shall be determined otherwise: Provided, That said board may exclude such public meetings during the five school days of each week of any and all school terms or such parts thereof as in their discretion they may deem for the best interests of the schools. (42.) SEC. 15. The district board shall specify the studies to be pursued in the schools of the district [districts] and, in addition to the branches in which instruction is now required by law to be given in the public schools of this State, instruc- tion shall be given in physiology and hygiene with a special reference to the nature of alcohol and narcotics and their effects upon the human system. Such instruction shall be given by the aid of text-books in the case of pupils who are able to read and as thoroughly as in other studies pursued in the same school. The text-books to be used for such instruc- tion shall give at least one-fourth of their space to the con- sideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this subject. Text-books used in giving the foregoing instruction shall first be approved by the State Board of Edu- cation. Each school board making a selection of text-books under the provisions of this act shall make a record thereof in their proceedings; and text-books ,once adopted under the provisions of this act shall not be changed within five years, except by a consent of a majority of the qualified voters of the district present at an annual meeting or at a special meeting called for that purpose. The district board shall require each teacher in the public schools of such district, before placing the school register in the hands of the directors [director] as provided in section thirteen of this act, to cer- tify therein whether or not instruction has been given in the school or grade presided over by such teacher as required by this act; and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certi- ficate. Any school board neglecting or refusing to comply with any of the provisions of this act shall be subject to fine or forfeiture, the same as for neglect of any other duty per- taining to their office. This act shall apply to all schools in the State, including schools in cities or villages, whether incorporated under special charter or under the general laws. (43.) SBC. 16. The district board may purchase at the expense of the district such text-books as may be necessary for the use of children, when parents are not able to furnish the same; and they shall include the amount of such pur- !V I VERSITYI GENERAL SCHOOL LAWS. 23 chase in the report to the township clerk or clerks, to be levied in like manner as other district taxes. (44.) SEC. 17. The district board shall have the general Board to es- care of the school, and shall make and enforce suitable rules f^scL! 68 and regulations for its government and management and for^eeApp. A, the preservation of the property of the district. Said board May suspend may authorize or order the suspension or expulsion from d school, whenever in its judgment the interests of the school demand it, of any pupil guilty of gross misdemeanor or per- sistent disobedience. Any person who shall disturb any Penalty for school by rude and indecent behavior, or by profane or inde- cent discourse, or in any other way make such disturbance, shall on conviction thereof be punished by a fine not less than two nor more than fifty dollars or by imprisonment in the county jail not exceeding thirty days. (45.) SEC. 18. All persons residents of any school district Who can at- and five years of age shall have an equal right to attend any te school therein, and no separate school or department shall be kept for any persons on account of race or color: Provided, That this shall not be construed to prevent the grading of NO separate schools according to the intellectual progress of the pupil, to be taught in separate places as may be deemed expedient. etc - (46.) SEC. 19. The district board may admit to the dis- ? n 3 App ' A ' trict school non-resident pupils, and may determine the rates Grading not of tuition of such pupils and collect the same, which tuition Nonresident shall not be greater than fifteen per cent more than the aver- pupils' tuition, age jcost per capita for the number of pupils of school age in Proviso - 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-resi- dent 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 cred- ited 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. (47.) SEC. 20. It shall be the duty of the moderator of Moderator, each school district: (44.) It is not competent for the district board to assume the expenses incurred in the legal defense of a teacher prosecuted for an assault alleged to have been made in the punishment of a pupil, -Kirchner, Attorney General, Dec. 4, 1877. (45.) The domicile of any person is the place which he has chosen for his perma- nent residence. Sometimes the law makes a distinction between "residence" and "domicile." Residence, contra distinguished from domicile, is the locality In which a person may reside for the time being. But in the case under consideration the term residence is used in the sense of domicile. I have no doubt that a person who makes Flint his or her home for no other purpose than to enjoy school privileges and with the intention of removing to his or her former home after the closing of the school, is "not actually a resident of said district." A minor having parents living, partakes of the domicile of his or her parents. Kirehner, Attorney General, Jan. 25, 1879. (47.) The moderator should examine every order before countersigning it, and if it is drawn for an improper purpose and with intent to defraud the district or to divert the fund from its proper channel, he should refuse to countersign such order; and the courts will sustain him in such action. Fan Riper, Attorney General, Feb. 8, 1882. 24 GENERAL SCHOOL LAWS. To preside. To counter- sign warrants and orders. See App. A, 11 55, 57. To bring suit on assessor's bond. Other duties. 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 direct- or upon the assessor for moneys to be disbursed by the dis- trict, and all warrants of the director upon the township treas- urer for moneys raised for district purposes or apportioned to the district by the township clerk; Third, To cause an action to be prosecuted in the name of the district on the assessor's bond, in case of any breach of any condition thereof; Fourth, To perform such other duties as are or shall be by law required of the moderator. DIRECTOR. Director. To be clerk. To keep and record min- utes. To give notices of meetings. See App. B, forms 7, 9. To draw and sign warrants and orders. See App. A, 11 50, 66. See App. B. forms 10, 11. To draw and sign contracts. See App. B, form 26. To provide appendages and keep schoolhouse in repair. Proviso. See App. A, TT 99, 101. To keep account. (48.) SEC. 21. It shall be the duty of the director of each school district: First, To act as clerk, when present, at all meetings of the district and of the board ; Second, To record the proceedings of all district meetings, and the minutes of all meetings, orders, resolutions, and other proceedings of the board, in proper record books; Third, To give the prescribed notice of the annual district meeting, and of all such special meetings as he shall be required to give notice of ir accordance with the provisions of law; Fourth, To draw and sign warrants upon the township treas- urer for all moneys raised for district purposes or apportioned to the district by the township clerk, payable to the assessor of the district, and orders upon the assessor for all moneys to be disbursed by the district, and present them to the moderator, to be countersigned by that officer. Each order shall specify the object for which, and the fund upon which, it is drawn; Fifth, To draw and sign all contracts with teachers, when directed by the district board, and present them to the other members of the board for further signature ; Sixth, To provide the necessary appendages for the school- house, and keep the same in good condition and repair during the time school shall be taught therein. Necessary appendages within the meaning of law shall consist of the following articles, to wit: a set of wall maps (the grand divisions, the United States, and Michigan) not exceeding twelve dollars in price; a globe not exceeding eight dollars; a dictionary not exceeding ten dollars; a reading chart not exceeding five dol- lars, and a case for library books not exceeding ten dollars; also looking-glass, comb, towel, water-pail, cup, ash-pail, poker, stove-shovel, broom, dust-pan, duster, wash-basin and soap; Seventh, To keep an accurate account of all expenses incurred by him as director, and such account shall be audited by the moderator and assessor, and on their written order shall be paid out of any money provided for the purpose: GENERAL SCHOOL LAWS. 25 Eighth, To present at each annual meeting an estimate of TO present the expenses necessary to be incurred during the ensuing year l^^sest^ by the director as provided by law, and for payment of the annual meet- services of any district officer; Ninth, To preserve and file copies of all reports made to the TO preserve school inspectors, and safely preserve and keep all books, papers, and other documents belonging to the office of director, or to the district when not otherwise provided for, and to deliver the same to his successor in office; Tenth, To perform such other duties as are or shall be other duties, required of the director by law or the district board. SEC. 22. It shall be the duty of the director or such other TO take school person as the district board may appoint, within ten days next census - previous to the first Monday in September in each year to take the census of the district and make a list in writing of the names, ages and residences of all the children between the ages of five and twenty years residing therein, and also the names and residences, giving street and number in cities and villages, of all the parents or guardians of such children and a copy of said list shall be verified by the oath or affirmation of List to be the person taking such census, by affidavit appended thereto or 8worn to endorsed thereon, setting forth that it is a correct list of the names and residences of all children between the ages afore- said, residing in the district, which affidavit may be made before the clerk of the township ; and said list shall be returned List to be aied with the annual report of the director to the township clerk. S. township Children in almshouses, prisons, or asylums, not otherwise res- what children ident of the district and not attending school shall not be not included - included in said census; nor shall Indian children be included, unless they attend the school or their parents are liable to pay taxes therein. SEC. 22a. Any person intentionally giving to any census enumerator of school children any false information as to the names or ages of school children, or as to the names or resi- dence of the parents or guardian of any school children or any enumerator who shall perform his duties carelessly or negli- gently, shall be guilty of a misdemeanor, and upon conviction Penalty for thereof, be liable to a fine of not more than five dollars or to imprisonment in the county jail for not more than five days, in the discretion of the court. (50.) SEC. 23. The director shall also, at the end of the TO make an- school year and previous to the second Monday in September in each year, deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the town- ship, showing: First, The whole number of children belonging to the dis- contents of. trict between the ages of five and twenty years, according to the census taken as aforesaid; Second, The number attending school during the year under five, and also the number over twenty years of age; 4 26 GENERAL SCHOOL LAWS. 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 during the year; Fifth, The length of time the school has been taught during the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each ; Sixth, The average length of time scholars between five and twenty years of age, have attended school during the year; Seventh, The amount of money received from the township treasurer apportioned to the district by the township clerk; Eighth, The amount of money raised by the district, and the purposes for which it was raised; Ninth, The kind of books used in the school; Tenth, Such other facts and statistics in regard to the schools and the subject of education as the Superintendent of Public Instruction shall direct. (51.) SEC. 24. The director of each fractional district shall make his annual report to the clerk of the township in which the schoolhouse is situated, and shall also report 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. Where di- rector of frac- tional district to report. ASSESSOR. Assessor. See App. A, TT 50, 66. To give bond. See App. B, form 6. Bond to be approved. (52.) SEC. 25. It shall be the duty of assessor of each school district : First, To execute to the district and file with the director within ten days after his election or appointment, a bond in double the amount of money to come into his hands as such assessor during his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by the moderator and director, conditioned for the faithful appli- cation of all moneys that shall come into his hands by virtue of his office, and to perform all the duties of his said office as (52.) Is a district assessor justifiable under the iaw in refusing to pay an order drawn for any purpose not authorize^ by law, although such order is duly signed by the director and countersigned by the moderator? Cases may ari?e in whtch the assessor is in duty bound not to pay such orders. Kirchner, Atty. Gen., May 22, 1880. (52.) The sureties on a bond executed by the assessor of a school district are not responsible for acts or omissions occurring beyond the period for which the assessor was elected. In case of his re-election a new bond should be given. Kirchner, Atty. Gen., Dec. 4, 1577. (52.) Mr. S. was' elected to the office of assessor of a school district and gave the requisite bonds. Since his first election he has been re-elected but has never executed any addition H! bonds. He has never been requested se to do by the moderator and director. Laterally the director requested him to execute an official bond and 8. re- plied that he could not do so just then, and thereupon and without any further pro- ceedings the district treated the office of assessor as vacant and proceeded at once to an election to fill eaid supposed vacancy. I am entirely clear that Mr. 8. has not for- feited his office and that he is not only justified, but it is his duty not to pass over any of the papers pertaining to the office or any of the school district's moneys; but Mr. 8. should giv^ bonds at once. Both the director and moderator were derelict in their duty in failing to require the bond of the assessor at the outset. Aft^r filing the bond Mr. 8. should continue to administer the office of assessor. Klrchner, Atty. Gen., Sept. 18, 1879. GENERAL SCHOOL LAWS. 27 required by the provisions of this act. Said bond shall be Bond med filed with the director and, in case of any breach of the con- with director - dition thereof, the moderator shall cause a suit to be coin- when suit to menced thereon in the name of the district; and any moneys ?h e reon ght collected thereon shall be paid into the township treasury, subject to the order of the district officers, and shall be applied to the same purposes as the moneys lost should have been applied by the assessor; Second, To pay all orders of the director, when lawfully TO pay proper drawn and countersigned by the moderator, out of any moneys orders - in his hands belonging to the fund upon which such orders may be drawn; Third, To keep a book in which all the moneys received and TO keep rep- disbursed shall be entered, the sources from which the same have been received, and the persons to whom and the objects for which the same have been paid; Fourth, To present to the district board at the close of the T make an- school year a report in writing, containing a statement of all SSJiSt^r 1 ?. moneys received during the preceding year and of each item of disbursements made, and exhibit the voucher therefor; Fifth, To appear for and on behalf of the district in all suits TO appear for brought by or against the same, when no other directions shall be given by the qualified voters in district meeting, except in see A PP . A, suits in which he is interested adversely to the district ; and in " 106 ' m all such cases the moderator shall appear for such district, if no other direction be given as aforesaid; Sixth, At the close of his term of office to settle with the TO deliver to district board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belonging to the etc - office of assessor, together with all district moneys remaining on hand; Seventh, To perform such other duties as are or shall be other duties. by law required of the assessor. CHAPTER IV. TOWNSHIP OFFICERS. TOWNSHIP BOARD OF SCHOOL INSPECTORS. (53.) SECTION 1. The school inspectors of each township, Board of together with the township clerk, shall constitute the town- gpecSrs ship board of school inspectors. Said board shall meet within see 142, us. twenty days after the first Monday in April in each year, and elect one of their number, other than the township clerk, (53.) When the inspectors fail to elect a chairman within twenty days after the first Monday of April, I am of the opinion that the organization can be perfected after such date by the election of a chairman, and that failure to comply with the law referred to does not preclude a legal organization thereafter. Taggart, Atty. Gen., May 20, 1886. 28 GENERAL SCHOOL LAWS. chairman of said board, and the township clerk shall be the clerk thereof. (54.) SEC. 2. The chairman of said board shall be the treasurer thereof, and shall give bond to the township in double the amount of moneys to come into his hands during his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by the township clerk, conditioned for the faithful appropriation of all moneys that may come into his hands by virtue of his office. Said bond shall be filed with the township clerk and, in case of the non- fulfillment thereof, said clerk shall cause a suit to be com- menced thereon, and the moneys collected in such suit shall be paid into the township treasury and shall be applied to the same purposes -as the moneys lost should have been applied by said treasurer of the board of school inspectors. (55.) SEC. 3. On the third Monday in September in each year, the inspectors shall make triplicate reports setting forth the whole number of districts in their townships, and the amount of money raised and received for township and district libraries, and such other items as shall from year to year be required by the Superintendent of Public Instruction, together w r ith the several particulars set forth in the reports of the school directors for the preceding year; and the township clerk shall, within ten days thereafter, forward two copies of the same to the secretary [commissioner] of the county board of school examiners, and file the other copy in his office. (56.) SEC. 4. It shall be the duty of the school inspectors, before making their annual report, as required by the pre- ceding section, to examine the list of legally qualified teachers on file in the office of the township clerk; and if in any school district a school shall not have been taught for the time required by law during the preceding school year by a legally qualified teacher, no part of the public money shall be dis- tributed to such district, although the report from *uch dis- trict shall set forth that a school has been so taught; and it shall be the duty of the board to certify to the facts in relation to any such district in their annual report. (57.) SEC. 5. It shall be the duty of the board of inspectors to render to the township board, on the Tuesday next pre- ceding the annual township meeting, a full and true account of all moneys received and disbursed by them as such inspect- ors during the year, which account shall be settled by said township board and such disbursements allowed, if the proper vouchers are presented. (58.) SEC. 6. The whole number of meetings of the town- ship board of school inspectors at the expense of the town- ship, during any one school year shall not exceed eight; but this shall not be construed to prevent said board holding further meetings in case of necessity, provided no expense to the township is incurred. Chairman of board to be treasurer. To give bond. See App. B, form 13. Bond to be filed. When suit to be brought thereon. Inspectors to make tripli- cate report. Contents of. Disposition of reports. Inspectors to examine list of qualified teachers. To report dis- tricts not em- ploying such. Inspectors to render ac- count to town ship board. Number of meetings of inspectors. See App. A, GENERAL SCHOOL LAWS. 29 TOWNSHIP CLERK, (59.) SBC. 7. The township clerk shall be the clerk of the Township board of school inspectors by virtue of his office, and shall Jjjjj o ard attend all meetings of said board, and, under their direction, of inspectors. prepare all their reports and record the same, and shall record Jf^ P]J 4 A ' all their proceedings. He shall also receive and keep all Duties as reports to inspectors from the directors of the several school 8ucb - districts in his township, and all the books and papers belong- ing to the inspectors, and file such papers in his office; and he See 142, us. shall receive all such communications, blanks, and documents as may be transmitted to him by the Superintendent of Public Instruction, and dispose of the same in the manner directed by said Superintendent. (60.) SEC. 8. It shall be the duty of the township clerk TO notify annually, immediately after the organization of the board of school inspectors of his township to transmit to the county clerk a certified statement of the name and postoffice address of the chairman of said board; and in case there shall be a change in such chairman during the year, he shall immediately notify the county clerk of such change. (61.) SEC. 9. Each township clerk shall cause a map to TO make map be made of his township, showing by distinct lines thereon of districts - , the boundaries of each school district and parts of school districts therein, and shall regularly number the same thereon as established by the inspectors. One copy of such map shall where map to be filed by the said clerk in his office, and the other copy he be filed - shall file with the supervisor of the township; and within one when new month after any division or alteration of a district, or the a e to be organization of a new one in his township, the said clerk shall file a new map and copy thereof as aforesaid showing the same. (62.) SEC. 10. It shall be the duty of the township clerk To report to of each township, on or before the first day of October of each schoJuwel 11 year, to make and deliver to the supervisor of his township a certified copy of all statements on file in his office of moneys See 146. proposed to be raised by taxation in each of the several school districts of the township for school purposes. He shall also see A PP . B, certify to the supervisor the amount to be assessed upon the form22 - taxable property of any school district retaining the district schoolhouse or other property, on the division of the district, as the same shall have been determined by the inspectors, and he shall also certify the same to the director of such district, and to the director of the district entitled thereto. (63.) SEC. 11. On receiving notice from the county treas- TO apportion urer of the amount of school moneys apportioned to his town- JJJS^JSS 8 ship, the township clerk shall apportion the same amount to county treas- the several districts therein entitled to the same, in proportion u to the number of children in each between the ages of five and twenty years, as the same shall be shown by the annual report 30 GENERAL SCHOOL LAWS. See App. B, form 20. To apportion school taxes. Statements to township treasurer. See App. B, forms 20, 21. To notify di- rectors of amount ap- portioned to districts. of the director of each district for the school year closing prior to the May apportionment. (64.) SEC.' 12. Said clerk shall also apportion to the school districts in his township, as required by law, on 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 out and deliver to the township treasurer a written statement of the number of chil- dren in each district drawing money, and the amount appor- tioned to each district, and record the apportionment in his office; and whenever an apportionment of the primary school interest fund, or moneys raised by tax, or received from other sources, is made, he shall give notice of the amount to be received by each district to the director thereof. TOWNSHIP SUPERVISOR AND TREASURER. Assessment and collection of district taxes. See 146. Taxes not assessed at proper time. Assessment of one-mill tax. How applied. (65.) SEC. 13. It shall be the duty of the supervisor of the township to assess the taxes voted by every school district in his township, and also all other taxes provided for in this act, chargeable against such district or township, upon the taxable property of the district or township respectively, and to place the same on the township assessment roll in the column for school taxes, and the same shall be collected and returned by the township treasurer in the same manner and for the same compensation as township taxes. If any taxes provided for by law for school purposes shall fail to be assessed at the proper time, the same shall be assessed in the succeeding year. (66.) 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 ^hall report said amount to the director of each school district in (65.) A supervisor in levying school taxes erroneously included a part of the terri- tory of one district in an adjoining district; and, when the tax was collected, it was paid to the district in which the supervisor had included the territory in question and not to the district in which the territory belonged. These proceedings on the part of the supervisor were clearly illegal, and the collection thereof could have been suc- cessfully resisted; or, if the taxes had been paid under protest, the parties paying could have recovered the amount thus unlawfully collected. It has been held by the Supreme Court that acquiescence in and payment of an illegal tax, estops the tax- payer from afterwards complaining of it; but the payment of an illeg-il tax, if re- fused, cannot be enforced (Wattels vs. City of Lapeer, 40 Mich., 626. The People ex rel. Gebhart vs. East Saginaw, 30 Mich., 336). The taxes thus illegally assessed do not belong to either school district, therefore the one cannot sne the other for the r-^cov- ery of such taxes improperly paid. It is not the money of the district in whose hands it now is, but it is an illegal tax collected from individuals, paid voluntarily and without protpst, and therefore cannot be collected back: for the Supreme Court in the case cited (40 Mich., 625) says: "If the people taxed acquiesce and pay these taxes, they may not afterwards be heard to complain; but If they refuse, the courts have no power to compel them." Fan Riper, Atty. Gen., July 24, 1882. (65.) The only statute I notice relative to the assessment of school taxes is section 5C90, Howell's statutes, and subsequent sections. They are to be assessed upon the taxable property of the districts or township. I suppose the personal property of residents of the district, together with the real estate of each resident within the dis- trict, would properly be taxed to each individual, notwithstanding the fact that some of his personal property was without the district and within the township. If the personalty was without the township and of that character to be assessable to an- other township another rule would apply. I do not think sections 10 and 11, Laws of 1885, applicable to school districts, or that they affect such taxes unless the property is in another township from where the party to be assessed resides. Tapgart, Atty. Gen. GENERAL SCHOOL LAWS. 31 his township, or to the director of any fractional school dis- trict a portion of which may be located in said township, before the first day of September of each year ; and all money when forfeited so raised shall be apportioned by the township clerk to the dis- by district8 - trict in which it was raised; and all money collected by virtue of this act during the year on any property not included in any organized district, or in districts not having, during the pre- vious school year,* three months' school in districts having less than thirty children, or five months school in districts x having thirty and less than eight hundred children, or nine months' school in districts having eight hundred or more children, as shown by the last school census, shall be apportioned to the HOW a PP or- several other school districts of said township, in the same tloned - . manner as the primary school interest fund is now apportioned. All moneys accruing from the one mill tax in Where accrued any township, before any district shall have a legal school bSSng 8 8ha11 therein, shall belong to the district in which it was raised, when they shall severally have had a * three months' school by a qualified teacher. (67.) SEC. 15. The amount to be assessed upon the taxable when district property of any school district retaining the schoolhouse or tL d x e e d 8 c t e r ~ other property, on the division of a district as the same shall b e assessed. have been determined by the inspectors, shall be assessed by the supervisor in the same manner as if the same had been authorized by a vote of such district; and the money so assessed shall be placed to the credit of the taxable property taken from the former district, and shall be in reduction of any tax imposed in the new district on said taxable "property for school district purposes: Provided, That if the district retain- Proviso, ing the schoolhouse shall vote to pay and shall pay, before said taxes are assessed, any portion of said amount to the new dis- trict, 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 collected, such amount shall be paid over to the assessor HOW such of the new district, to be applied to the use thereof in the same applied be 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. (68.) SEC. 16. The full amount of all taxes to be levied Taxes in frac- upon the taxable property in a fractional school district shall tioial d be certified by the district board to the township clerk of each township in which such district is in part situated, and by such township clerks to the supervisors of their respective town- ships, and it shall be the duty of each of said supervisors to certify to each other supervisor interested, the amount of tax- able property in that part of the district lying in his township: Provided, That when there exists a manifest difference in the Proviso how valuation of property assessed in fractional districts composed e( i ualized - of territory in adjoining townships or counties, such valuation *See Ull, 27. 32 GENERAL SCHOOL LAWS. Statement to township treasurer. shall be equalized for this specific purpose by the supervisors of the township interested, at a joint meeting held for that purpose, on application of either of the supervisors of said townships. And such supervisors shall respectively ascertain the proportion of such taxes, including mill tax, to be placed on their respective assessment rolls, according to the amount of taxable property in each part of such district. And if said supervisors cannot agree as to the proportion of such taxes to be 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 equalizing said valuation, said supervisor to be paid at the rate of three dollars per diem for the time necessarily employed in attend- ance at such meeting of the supervisors, and all necessary traveling expenses by the townships in interest. (69.) SEC. 17. The supervisor, on delivery of the warrant for the collection of taxes to the township treasurer, shall also deliver to said treasurer, a written statement of the amount of school and library taxes, the amount raised for district pur- poses on the taxable property of each district in the township, the amount belonging to any new district on the division of the former district, and the names of all persons having judgments assessed under the provisions of this act upon the taxable property of any district} with the amount payable to such per- son on account thereof. (70.) SEC. 18. The supervisor of each township on the delivery of the warrant for the collection of taxes to the town- ship treasurer, shall also deliver to said treasurer a written statement certified by him of the amount of the one-mill tax levied upon any property lying within the bounds of a frac- tional school district, a part of which is situate within his township and the returns of which are made to the clerk of some other township; and the said township treasurer shall pay to the township treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional school district. (71.) 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 dis- trict had been set off ; and the said former district, and the dis- trict 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 prop ertv on which such tax is levied. Statement to township treasurer of one-mill tax levied in fractional district. Collection and apportionment of taxes on division of district. GENERAL SCHOOL LAWS. 33 (72.) SEC. 20. [NOTE. Section 20 was repealed by Sec- tion 52 of Act number 206, Public Acts of 1893. See bot- tom of page.] (73.) SEC. 21. The township treasurer shall, from time to Township time, apply to the county treasurer for all school and library moneys belonging to his township or the districts thereof; and on receipt of the moneys to be apportioned to the districts, he shall notify the township clerk of the amount to be appor- TO notify ' fi^ncirl township tioned. clerk of F (74.) SEC. 22. Each treasurer of a township, to the clerk JJJ y J- due of which the returns of any fractional school district shall be fractional made, shall apply to the treasurer of any other township in dl which any part of such fractional school district may be sit- uated, for any money to which such district may be entitled; and when so received it shall be certified to the township clerk, and apportioned in the same manner as other taxes for school purposes. CHAPTER Y. COUNTY CLERK AND TREASURER, (75.) SECTION 1. It shall be the duty of each county clerk county clerk to receive all such communications, blanks and documents as may be directed to him by the Superintendent of Public Instruction, and dispose of the same in the manner directed by said Superintendent. (76.) SEC. 2. The clerk of each county shall, on receiving county cierk from the secretary of the county board of school examiners the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice from the Super- Notice of intendent of Public Instruction of the amount of moneys apportioned to the several townships in his county, he shall file the same in his office and forthwith deliver a copy thereof to the county treasurer. (77.) SEC. 3. The several county treasurers shall apply county treas- for and receive such moneys as shall have been apportioned for^oneys 17 to their respective counties, when the same shall become due; appropriated, and each of said treasurers shall immediately give notice to TO notify the treasurer and clerk of each township in his county of c ie^ks h oT the amount of school moneys apportioned to his township, amounts - and shall hold the same subject to the order of the township treasurer. (Section 52 of Act No. 206, Public Acts of 1893.) In case the township treasurer shall not collect the full amount of taxes required by his warrant to be paid into the town- ship treasury, such portion thereof as he shall collect shall he retained by him to be paid out for the following purposes: The amount of school taxes collected to be paid on the order of th school district officers, the amount collected for general township purposes to be paid on the order of the township board, the amount collected for highway purposes to be paid on the order of the commissioner of highways counter- signed by the township clerk or supervisor, and the amount collected for any special fund to be paid on the order of the proper officer; but in no case shall the amounts collected for any one fund be paid on the orders drawn on any other fund. 5 34 GENERAL SCHOOL LAWS. CHAPTER VI. Districts may borrow money and issue bonds. Amount lim- ited. Proviso time for which bonds may be issued. Proviso regu- lations at elections to issue bonds. Issuing bonds for money borrowed. BONDED INDEBTEDNESS OF DISTRICTS. (78.) SECTION 1. Any school district may, by a two-thirds vote of the qualified electors of said district present at any annual meeting, or a special meeting called for that purpose borrow money, and may issue bonds of the district therefor, to pay for a schoolhouse site or sites, and to erect and furnish school buildings as follows : Districts having less than thirty children between five and twenty years of age may have an indebtedness not to exceed three hundred dollars; districts having thirty children of like age may have an indebtedness not to exceed five hundred dollars; districts having fifty chil- dren of like age may have an indebtedness not to exceed one thousand dollars; districts having seventy-five children of like age may have an indebtedness not to exceed two thousand dollars; districts having one hundred children of like age may have an indebtedness not to exceed three thousand dollars; districts having one hundred and twenty-five children of like age, and with an assessed valuation of not less than one hundred fifty thousand dollars, may have an indebtedness not to exceed five thousand dollars; districts having two hundred children of like age may have an indebtedness not to exceed eight thousand dollars; districts having three hundred chil- dren of like age may have an indebtedness not to exceed fifteen thousand dollars; districts having four hundred children of like age may have an indebtedness not to exceed twenty thousand dollars ; districts having five hundred children of like age may have an indebtedness not to exceed twenty-five thousand dol- lars; and districts having eight hundred children or more of like age may have an indebtedness not to exceed thirty thou- sand dollars: Provided, That the indebtedness of a district shall in no case extend beyond ten years for money borrowed : Provided, further, That in all proceedings under this section the director, assessor, and one person appointed by the district board shall constitute a board of inspection, who shall cause a poll list to be kept and a suitable ballot-box to be used, which shall be kept open two hours. The vote shall be by ballot either printed or written, or partly printed and partly written, and the canvass of the same shall be conducted in the same manner as to township elections or as the laws governing the same are applicable; and, when they are not, the board of inspectors shall prescribe the manner in which canvass shall be conducted. (79.) SEC. 2. Whenever any school district shall have voted to borrow any sum of money, the district board of such district is hereby authorized to issue the bonds of such district in such form and executed in such manner by the moderator and direct- GENERAL SCHOOL LAWS. 35 or of such district, and in such sums, not less than fifty dol- interest lars, as Buch district board shall direct, and with such rate thereon - of interest, not exceeding eight per centum per annum and payable at such time or times as the said district shall have directed. (80.) SBC. 3. Whenever any money shall have been bor- voters may rowed by any school district, the taxable inhabitants of such district are hereby authorized at any regular meeting of such district, to impose a tax on the taxable property in such dis- trict, for the purpose of paying the principal thus borrowed, or any part thereof and the interest thereon, to be levied and collected as other school district taxes are collected. (81.) SEC. 4. Any school district, whenever it shall appear District may that the same can be done on terms advantageous to said dis- trict, may borrow money to pay any bonded indebtedness of said district then existing, and issue further bonds of said district therefor: Provided, That a majority of the qualified Proviso 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 (82.) SECTION 1. Justices of the peace shall have jurisdic- seeA PP . A, tion in all cases of assumpsit, debt, covenant, and trespass " 9r ' m on the case against school districts, when the amount claimed Justices to or matter in controversy shall not exceed one hundred dollars; and the parties shall have the same right of appeal as in other cases - cases. (83.) SEC. 2. When any suit shall be brought against a suit against school district, it shall be commenced by summons, a copy of commenced* which shall be left with the assessor of the district at least eight days before the return day thereof. (84.) SEC. 3. No execution shall issue on any judgment NO execution against a school district, nor shall any suit be brought thereon, JjJJSJJJ dis- but the same shall be collected fti the manner prescribed in trict - this act. (85.) SEC. 4. Whenever any final judgment shall be Assessor to obtained against a school district, if the same shall not be ^"forV 11 " removed to any other court, the assessor of the district shall Kment 8 certify to the supervisor of the township and to the director ?rict. nst of the district, the date and amount of such judgment, with the name of the person in whose favor the same was rendered; and if the judgment shall be removed to another court, the assessor shall certify the same as aforesaid, immediately after the final determination thereof against the district. 36 GENERAL SCHOOL LAWS. When assessor fails to certify how party may proceed. How judgment certified in case of frac- tional district. Supervisors to assess amount of judgment. How collected and returned. (86.) SEC. 5. If the assessor shall fail to certify the judg- ment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, administrators, or assigns to file with the supervisor the certificate of the justice or clerk of the court rendering the judgment showing the facts which should have been certified by the assessor. (87.) SEC. 6. If the district against whom any such judg- ment shall be rendered is situated in part in two or more town- ships, a certificate thereof shall be delivered as aforesaid to the supervisors of each township in which such district is in part situated. (88.) SEC. 7. The supervisor or supervisors receiving either of the certificates of a judgment as aforesaid shall proceed to assess the amount ttiereof, with interest from the date of the judgnie'nt to the time when the warrant for the collection thereof will expire, upon the taxable property of the district, placing the same on the next township assessment roll in the column for school taxes; and the same proceedings shall be had, and the same shall be collected and returned, in the same manner as other district taxes. CHAPTER VIII. SITES FOB SCHOOLHOUSES. See App. A, IT 114, 124. Voters to des- ignate sites. When inspect- ors shall de- termine site. See App. B, form 17. Disagreement upon compen- sation for site. Board to ap- ply fora jury. (89.) SECTION 1. The qualified voters of any school dis- trict, when lawfully assembled, may designate by a vote of two-thirds of those present, such number of sites as may be desired for schoolhouses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which the district is situated shall determine where such site shall be, and their determination shall be certified to the director of the district, and shall be final, subject to alteration afterward by the inspectors, on the written request of two-thirds of the qualified voters of the dis- trict, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called. (90.) SEC. 2. Wherever a site for a schoolhouse shall be designated, determined, or established in any manner provided by law, in any school district, and such district shall be unable to agree with the owner or owners of such site upon the com- pensation to be paid therefor, or in case such district shall, by reason of any imperfection in the title to said site, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unin- cumbered title, in fee simple to said site, 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 GENERAL SCHOOL LAWS. 37 circuit court commissioner of the county, or to any justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same, which application shall be in writing and shall contents of describe the real estate required by such district as accurately a PP hcatlon - as is required in a conveyance of real estate: Provided, That Proviso evi- whenever any school district shall have designated, selected, or cIsTity for ne " established, in any manner provided by law, a schoolhouse site, 8ite - such selection, designation, or establishment shall be prima facie evidence to said jury of the necessity to use the site so established. (91.) SEC. 3. It shall be the duty of such circuit judge, Jury to be circuit court commissioner, or justice of the peace, upon such 81 application being made to him, to issue a summons, or venire, directed to the sheriff or any constable of the county, com- manding him to summon eighteen freeholders residing in the vicinity of such site, who are in no wise of kin to the owner of such real estate and not interested therein, to appear before such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such summons, or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same, and to notify the owner owner to be or occupant of such real estate, if he can be found in the notifled - county, of the time when and the place where such jury is sum- moned to appear, and the object for which such jury is sum- moned, which notice shall be served at least ten days before the time specified in such summons, or venire, for the jury to appear as hereinbefore mentioned. (92.) SEC. 4. Thirty days' previous notice of the time when Notice in case and the place where such jury will assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper published in the county where such real estate is situated; or, if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is pub- lished, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or assessor of such district, and shall describe the real estate required for such site, and state the time when and place where such jury will assemble and the object for which they will assemble ; or such notice may be served on such owner person- ally, or by leaving a copy thereof at his last place of residence. (93.) SEC. 5. It shall be the duty of such judge, commis- sioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or constable summon- thereon. 38 GENERAL SCHOOL LAWS. Attachment may issue to enforce obedi- ence to process. Jury to be sworn. ing them, to attend at the time and place specified in such sum- mons, or venire', and the officer who summoned the jury shall return such summons, or venire, to the officer who issued the same, with the names of the persons summoned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officers in attendance and who issued the summons, or venire, for such jury, shall strike from the list of jurors a number suf- ficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make up the number of twelve; and the officer issuing the summons, or venire, for such jury may issue an attachment for any persons summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or attachment, as courts of record or justices' courts are authorized to do in civil cases. (94.) SEC. 6. The twelve persons selected as the jury shall be duly sworn by the judge, commissioner, or justice in attend- ance, faithfully and impartially to inquire, ascertain and de- termine the just compensation to be made for the real estate required by such school district for such site, and the neces- sity for using the same in the manner proposed by such school district; 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, also stating the sum to be paid by such school district as the just compensation for the same. The said cir- cuit judge, circuit court commissioner, or justice of the peace, shall sign and attach to, and endorse 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 sub- scribed the said certificate. He shall also state in such certi- ficate who appeared for the respective parties on such hearing Subpoenas for witnesses. Jury to ascer- tain necessity for taking land. To determine compensation therefor. Court to make certificate. GENERAL SCHOOL LAWS. 39 and inquiry, and shall deliver such certificates to the director or to any member of the district board of such school district. (95.) SEC. 7. Upon filing such certificates in the circuit collection of court of the county where such real estate is situated, such J ud ment - court shall, if it finds all the proceedings regular, render judg- ment for the sum specified in the certificate signed by such jury, against such school district, which judgment shall be collected and paid in the manner as other judgments against school districts are collected and paid. (96.) SEC. 8. In case the owner df such real estate shall be when owner unknown, insane, non compos mentis, or an infant, or cannot be found within such county, it shall be lawful for the said school district to deposit the amount of such judgment with the county treasurer of such county, for the use of the person b< or persons entitled thereto; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to. pay or account for the same, as herein required : Provided, That no such money shall Proviso how be drawn from such county treasurer, except upon an order r a^nf? m of the circuit court, circuit court commissioner, or judge of J; ty trea8 ' probate, as hereinafter provided. (97.) SEC. 9. Upon satisfactory evidence being presented on payment to the circuit court of the county where such real estate lies, S?eveBtedX e that such judgment or the sum ascertained and determined by district. the jury as .the just compensation to be paid by such district for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, forever there- after be vested in such school district and its successors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the recovery of the possession of such real estate; a copy of which order or copy of decree decree, certified by the clerk of said county, shall be recorded to be recorded - in the office of the register of deeds of such county, and the title of such real estate shall henceforth, from the time of making such payment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee. (98.) SEC. 10. Such school district may, at any time after when district making payment or deposit hereinbefore required, enter upon J ke P sses ' 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 writofpos- county, on the request of said school district, to issue out of Sfuedby be and under the seal of the circuit court of said county, a writ J ! J u B ^ t e y ri g erk of possession as awarded in such order or decree, which writ 40 GENERAL SCHOOL LAWS. Sheriff to re- move respond- ent. When jury disagrees, pro- ceedings may be adjourned and new jury summoned. 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 or respondents in such proceedings, and all persons holding under them or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof with the appur- tenances to such school district. (99.) 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 necessary; but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such time as he shall think reason- able, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings may be adjourned from time to time by the said judge or commis- sioner, or justice, on the application of either party and for good cause, to be shown by the party applying for such adjournment, unless th other party shall consent to such adjournment; but such adjournment shall not in all exceed three months. (100.) SEC. 12. In case the said schoolhouse site is encum- bered by mortgage, levy, tax sale or otherwise, as aforesaid, the mortgagee or other parties claiming to be interested in said title shall severally be made a party to the procedure as aforesaid, and shall be authorized, upon the filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said site, or the compensa- tion to be made therefor as determined by said jury. And the said circuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claim- ants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded. (101.) SEC. 13. The circuit judge, judge of probate, or cir- cuit court commissioner of any county where any money has been deposited with the county treasurer of such county as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiv- ing satisfactory evidence of the right of such applicant to the money thus deposited, make an order directing the county treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county treasurer, on the presentation of such order, with the receipt of the person named therein endorsed on said order and duly acknowledged, in the same manner as conveyances of real Adjournments not to exceed three months. Proceedings in case of in- cumbrances. Duty of cir- cuit judges. How money deposited with county treas- urer may be drawn. GENERAL SCHOOL LAWS. 41 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 treas- urer, to exonerate Mm from all liability to any person or per- sons for said money thus paid by him. (102.) SEC. 14. Circuit judges, circuit court commissioners, compensation and justices of the peace, for any services rendered under the proSfng^ provisions of this act, shall be entitled to the same fees and compensation as for similar services in other special proceed- ings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil cases in the circuit court. (103.) SEC. 15. In case any circuit judge, circuit court com- When judge, missioner, or justice of the peace, who shall issue a summons or anenT another venire, for a jury, shall be unable to attend to any of the sub- sequent proceedings in such case, any other circuit court com- missioner or justice of the peace may attend and finish said proceedings. CHAPTER IX. APPEALS FROM ACTION OF INSPECTORS. (104.) SECTION 1. Whenever any five or more tax paying seeA PP . A, electors, having taxable property within any school district, Tir5 ' 11 ' 163 - shall feel themselves aggrieved by any action, order, or when electors decision of the board of school inspectors, with reference to the formation, or any division, or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school inspectors to the township board of the township in which such school district is situated; and in case of fractional school HOW made in districts notice of such appeal shall be served on the clerk of the joint boards of school inspectors who have made the decision appealed from, who shall, within five days, give notice thereof 'to the township boards of the several townships in which the different parts of said fractional school district are situated, who shall have power and whose duty it shall Powers and be, acting jointly, to entertain such appeal, and review, con- firm, set aside, or amend the action, order, or decision of the board of school inspectors thus appealed from; or if in their opinion the appeal is frivolous or without sufficient cause, they may summarily dismiss the same. (105.) SEC. 2. Said appellants shall, before taking such Appellants to appeal, make out and file with the board of school inspectors, or in case of fractional school districts, to the clerk of the joint boards of school inspectors, a written statement to be signed by said appellants, setting forth in general 6 42 GENERAL SCHOOL LAWS. Appellants to execute bond. Where filed. Duty of in- spectors when appeal is filed. terms the action, order, or decision of the board or boards of school inspectors with respect to which the appellants feel themselves aggrieved, and their demand for an appeal therefrom to the township board or boards of said town- ship or townships, and shall also cause to be executed and signed by one of their number, and by two good and suffi- cient sureties, to be approved by the clerk of said board or joint boards of school inspectors or by any justice of the peace of the township, and file with the clerk of said board or joint boards of school inspectors, a bond to the people of the State of Michigan in the penal sum of two hundred dollars, con- ditioned for the due prosecution of said appeal before said township board or boards acting jointly, and also, in case of the dismissal of said appeal as frivolous by said township board or joint boards, for the payment by said appellants of all costs occasioned to the township or townships by reason of said appeal. (106.) SEC. 3. Upon the filing of such appeal, papers and bond with the said board or joint boards of school inspectors,, the said board or joint boards of school inspectors shall, within ten days thereafter, make out and file with the clerk of said township in which the said schoolhouse is located, a full and complete transcript of all their proceedings, actions, orders, or decisions, with reference to which the appeal is taken, and of their records of the same, also said bond and appeal papers, and all petitions and remonstrances, if any, with reference to the matters appealed from; and upon the filing of the same with the said township clerk, the said township board or boards shall be deemed to be in possession of the case, and if the return be deemed by them insufficient, may order a further and more complete return by said board or boards of school inspectors; and when such return shall by them be deemed sufficient, they shall proceed with the consideration of the appeal, at such time or times, within ten days after such return, and in such manner and under such affirmation, amendment or reversal of the action, order, or decision of the board or boards of school inspectors appealed from, as in their judgment shall seem to be just and right; or, if they deem the appeal to be frivolous, they may summarily dismiss the same; but the decision of said board or boards of school inspectors shall not be altered or reversed, unless a majority of such township board or boards, not members of said board or boards of school inspectors, shall so determine. When township board deemed in possession of case. Proceedings in the appeal. When members of township board cannot act in deter- mining case. See App. A. n 14, 15. GENERAL SCHOOL LAWS. 43 CHAPTER X. GEADED SCHOOL DISTRICTS. (107.) SECTION 1. Any school district containing more seeA PP . A, than one hundred children between the ages of five and twenty years may, by a two-thirds vote of the qualified voters pres- what districts . -| - ent at any annual or special meeting, organize as a graded school district: Provided, That the intention to take such vote shall be expressed in the notice of such annual or special meeting. When such change in the organization of the dis- trict shall have been voted, the voters at such annual or special meeting shall proceed immediately to elect by ballot from the Election of qualified voters of the district one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire: Provided, also, In all districts organized prior to the year Proviso, eighteen hundred eighty-three, there shall be one trustee elected at the annual meeting for the year eighteen hundred eighty-three, and thereafter there shall be elected a trustee or trustees in the manner aforesaid, whose term of office shall be three years and until his or their successor or successors shall have been, elected and filed his or their acceptance: Provided, also, That in the election of trustees and all other school officers, the person receiving a majority of all the votes elect, shall be declared elected. (108.) SEC. 2. Within ten days after their election such trustees shall file with the director acceptances of the offices m e d e to which they have been elected, and shall annually elect | ) e 1 !J n A P p - B ' from their own number a moderator, a director, and assessor, officers to be and for cause may remove the same, and may appoint others ?rustles by of their own number in their places, who shall perform the duties prescribed by law for such officers in other school dis- tricts in this State, except as hereinafter provided. The trus- tees shall have power to fill any vacancy that may occur in fined. (107.) Elections held in graded school districts wherein two trustees were balloted for at the same time on joint ballot, are void, and no person has been legally elected. It has frequently been held that, if a ballot contains the names of two persons for the same office, when but one is to be chosen, it is bad as to both. The election of two trustees on two separate ballots, would be good as to the first one chosen, and void as to the second. As it is the policy of the law to uphold elections where the choice of the people can be ascertained, the one first elected having received the necessary vote is the choice of the electors, and such action of the district is valid as to him. As the amendment of 1883 does not repeal Section 1, Act X, only so far as it is in conflict therewith, and as both statutes provide that trustees shall hold over until their suc- cessors shall be elected and qualified, the old board remain in office until a valid election is had. The law makns no provision for a special election for trustees of graded schools, hence where the regular election was void there can be no special election to fill the office No election can be held without a law providing therefor, hence the law that both trustees hold over is in full force whenever there was a fail- ure to eleot, as provided by statute. Section 2. chapter 3, of the school law applies only to officers of district schools and not to trustees of graded schools, and only per- mits a special election where two vacancies exist. Che trustees have no power under Section 3. chapter X, to appoint a trustee where there has been a failure to elect, but can only fill vacancies, as in case of death, resignation, or removal. Fan Riper, Atty. Gen., July 26, 1883. 44 GENERAL SCHOOL LAWS. When inspect- ors shall ap point officers. See App. B, form 15. Duty of trus- tees. To classify pupils. To establish high schools, etc. See App. A, TT 142, 143. Proviso as to non-resident pupils' tuition. To audit and pay director's accounts. To employ teachers. See 40. See App. B, form 26. See App. A, TIT 70-8ti. To employ officers, etc. Other duties. See Chap. III. Consent of trustees ne- cessary to change in boundaries of districts. their number, till the next annual meeting. Whenever, in any case, the trustees shall fail, through disagreement or neglect, to elect the officers named in this section, within twenty days next after the annual meeting, the school inspectors of the township or city to which such district makes its annual report shall appoint the said officers from the number of said trustees. (109.) SEC. 3. It shall be the duty of the board of trustees of any graded school district : First, To classify and grade the pupils attending school in such district, and cause them to be taught in such schools or departments as they may deem expedient ; Second, To establish in such district a high school, when ordered by a vote of the district at an annual meeting, and to determine the qualifications for admission to such school and the fees to be paid for tuition in any branches taught therein : Provided, That when non-resident pupils, their parents, or guardians, shall pay a school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition; and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition ; Third, To audit and order the payment of all accounts of the director for incidental or other expenses incurred by him in the discharge of his duties; but no more than fifty dollars shall be expended by the director in any one year for repairs of the buildings or appurtenances of the district property, without the authority of the board of trustees; Fourth, To employ all qualified teachers necessary for the several schools, and to determine the amount of their compen- sation, and to require the director and moderator to make con- tracts with the same on behalf of the district, in accordance with the provisions of law concerning contracts with teachers ; Fifth, To employ such officers and servants as may be neces- sary for the management of the schools and school property, and prescribe their duties and fix their compensation ; Sixth, To perform such otlier duties as are required of .dis- trict boards in other school districts. (110.) SEC. 4. No alteration shall be made in the bound- aries of any graded school district, without the consent of a majority of the trustees of said district, which consent shall be spread upon the records of the district and placed on file in the office of the clerk of the board of school inspectors of the township or city to which the reports of said district are made; (109, TT2.) The question is as to whether the board of trustees of a graded school can employ a music teacher who has not passed th regular examination required of other teachers and received a certificate required by section 5153 of Ho well's Statutes (Sec. 4, Chap. 11, School Laws)? It would bd most difficult to imagine that an exami- nation in the several branches and studies specified in the statutes would show sufficiently the qualifications of the applicants to teach either music or drawing. I do not think the statutes applicable to such teachers, nor does there appear to be any which is. The board probably has anrt will be held by the courts to possess such authority, still it is not a question free from doubt, and additional legislation may be desirable. Taggart, Attorney General, July 26, 1886. GENERAL SCHOOL LAWS. 45 and graded school districts shall not be restricted to nine sec- Such districts tions of land. ftS" 01 * (111.) SEC. 5. Whenever two or more contiguous districts TWO or more having together more than one hundred children between the unSand a form ages of five and twenty years, after having published in the JjgJJ^ d 8Chooi notices of the annual meetings of each district the intention to take such action, shall severally, by a vote of two-thirds of the qualified voters attending the annual meetings in said dis- tricts, determine to unite for the purpose of establishing a graded school district under the provisions of this chapter, the school inspectors of the township or townships in which such districts may be situated shall, on being properly notified of such vote, proceed to unite such districts, arid shall appoint, as soon as practicable, a time and place for a meeting of the new district, and shall require three notices of the same to be posted in each of the districts so united, at least five days Notice of before the time of such meeting; and at such meeting the dis- meetiQ g- trict shall elect a board of trustees, as provided in section one of this chapter, and may do whatever business may be done at any annual meeting. (112.) SEC. 6. Whenever the trustees of any organized Duty of tms- graded school district shall be presented twenty days before lses% c tc rtain the annual meeting thereof, with a petition signed by ten elect- ors of said district, stating that it is the desire of said petition- ers that, at the annual meeting of said school district, there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the said trustees shall, in their notice of such annual meeting, state that- the proposition set forth in said in case of vote petition will be presented to said meeting; and if two-thirds of ^S^SSed the qualified voters present at said meeting shall vote to school district i -i j_ to primary. change to one or more primary school districts, such change shall be made; and it shall be the duty of the board of school inspectors of the township or townships in which such 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 organiza- tion of primary school districts; and whenever a fractional graded school district shall be so changed, the township boards of school inspectors of the respective townships where such graded school district is situated, shall organize the said dis- trict into one or more primary school districts, as provided by law. 46 GENERAL SCHOOL LAWS. Date of pub- lication. Itemized statement Expense of publication. Penalty for non-compli- ance. CHAPTER XI. Act No. 185, Laws of 1897. PUBLICATION OF FINANCIAL STATEMENT BY SCHOOL BOARD. SECTION 1. The People of the State of Michigan enact, That previous to the third Monday in September of every year, the Board of Education, or Board of Trustees, as the case may be, of any graded school district in this State in which one or more newspapers are published, shall cause to be published in a newspaper published in said district, and designated by said board, *also a full and itemized financial statement of the receipts and expenditures of said district during the preceding school year, the expense of said publication to be paid out of the general fund of the district. SEC. 2. If any board of education, or board of trustees, as the case may be, shall neglect to comply with the provisions of this act, each member of any such board shall forfeit the sum of ten dollars. CHAPTER XII. Township libraries to be maintained. Who are en- titled to privi- leges of li- brary. Proviso. Inspectors to have charge. See App. B, form 18. See App. A, 71 144, 146. Inspectors accountable for care, etc., of library. Powers of inspectors. LIBRARIES. (113.) SECTION 1. A township library shall be maintained in each organized township, which shall be the property of the township, and shall not be subject to sale or alienation from any cause whatever. All actions relating to such library or for the recovery of any penalties lawfully established in rela- tion thereto, shall be brought in the name of the township. (114.) SEC. 2. All persons who are residents of the town- ship shall be entitled to the privileges of the township library, subject to such rules and regulations as may be lawfully established in relation thereto: Provided, That persons resid- ing within the boundaries of any school district in which a dis- trict library has been established shalLbe entitled to the privi- leges of such district library only. (115.) SEC. 3. The township board of school inspectors shall have charge of the township library, and shall apply for and receive from the township treasurer all moneys appro- priated for the township library of their township, and s,hall purchase the books and procure the necessary appendages for such library. (116.) SEC. 4. Said board shall be held accountable for the proper care and preservation of the township library, and shall have power to provide for the safe keeping of the same, to pre- scribe the time for taking and returning books, to assess and * Since the word also is confusing it should be understood that it only remained through a clerical error when some phrases were by amendment stricken out of the original bill. GENERAL SCHOOL LAWS. 47 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. (117.) SEC. 5. The board of school inspectors shall cause where library the township library to be kept at some central or eligible place in the township, which it shall determine; such board shall also, within ten days after the annual township meeting, appoint a librarian for the term of one year, to have the care Librarian, and superintendence of said library, who shall be responsible to the board of school inspectors for the impartial enforcement of all rules and regulations lawfully established in relation to said library. (118.) SEC. 6. Any school district, by a two-thirds vote at What districts any annual meeting, may establish a district library ; and such SbmSes* district shall be entitled to its just proportion of books from the library of any township in which it is wholly or partly sit- uated, to be added to the district library, and also to its equi- table share of any library moneys remaining unexpended in any such township or townships at the time of the establish- ment of such district library, or that shall thereafter be raised by tax in such township or to/wnships, or that shall thereafter be apportioned to the township to the inspectors of which the annual report of the director is made. (119.) SEC. 7. The district board of any school district in District board which a district library may be established in accordance with 5 dfstrict iarge the provisions of this act, shall have charge of such library; librar y- and the duties and responsibilities of said district board in relation to the district library, and all moneys raised or appor- tioned for its support, shall be the same as those of the board of school inspectors are to the township library. (120.) SEC. 8. The school inspectors shall give in their inspectors to annual report to the Superintendent of Public Instruction such staSstic^to 17 facts and statistics relative to the management of the town- tendent perin ~ ship library and the library moneys, as the Superintendent of Public Instruction shall direct; and the district board of any school district having a library shall cause to be given in the animal report of the director to the board of school inspectors, like facts and statistics relative to the district library, which items shall also be included by the said inspectors in their annual report. (121.) SEC. 9. In case the board of school inspectors of any Failure to re- township or the district board of any school district, shall fail Sse^mdnlys to make the report required by the preceding section, or in case JJJ,JJ|jJ5 e o it shall appear from the reports so made that any township or moneys there- school district has failed to use the library money in strict al accordance with the provisions of law, such township or dis- trict shall forfeit its share of the library moneys that are apportioned; and the same shall be apportioned to the several other townships and districts in the county as hereinafter proviso. 48 GENERAL SCHOOL LAWS. State superin- tendent to provide county clerk with statement. Statement to be filed and copy given to county treas- urer. Apportionment of proceeds of penal fines. See App. A, 1 146. ' provided: Provided, That in townships where the boards thereof shall determine and report to the superintendent that the public will be better served by using the said money for general school purposes, no such forfeiture shall occur. (122.) SEC. 10. The Superintendent of Public Instruction shall annually and previous to the tenth day of May, transmit to the clerk of each county a statement of the townships in his county that are entitled to receive library moneys, giving the number of children in each of such townships between the ages of five and twenty years, as shall appear from -the reports of the boards of school inspectors for the school year last ending; said clerk shall file such statement in his office, and shall forthwith furnish a copy thereof to the county treasurer. (123.) SEC. 11. The clear proceeds of all fines for any breach of the penal laws of this State and for penalties, or upon any recognizance in criminal proceedings, and all equiva- lents for exemptions [exemption] from military duty, when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on account of such fines or equivalents, and not already appropriated [apportioned], shall be apportioned by the county treasurer before the first day of June in each year, among the several townships in the county, according to the number of children therein between the ages of five and twenty years, as shown by the statement of the Super- intendent of Public Instruction provided for in the preceding section, which money shall be exclusively applied to the sup- port of the township and district libraries, and to no other purpose. (124.) SEC. 12. The qualified voters of each township shall have power at any annual township meeting, to vote a tax for the support of libraries established in accordance with the provisions of this act; and the qualified voters of any school district in which a district library shall be established, shall have power at any annual meeting of such district, to vote a district tax for the support of said district library. When any tax authorized by this section shall have been voted, it shall be reported to the supervisor, levied, and collected in the same manner as other township and school district taxes. (125.) SEC. 13. The district board of any school district 'may donate or sell any library book or books belonging to such district, to the board of school inspectors of the township or townships in which said district is wholly or partly situated, which book or books shall thereafter form a part of the town- ship library. How applied. Voters may levy tax for support of libraries. How tax to be reported, as- sessed and collected. District board may give or sell books to township library. GENERAL SCHOOL LAWS. 49 CHAPTER XIII. Act No. 147, Public Acts of 1891, as amended by Act No. 34, Public Acts of 193, and by Act No. 6tf, Public Acts of 1895. EXAMINATION OF TEACHERS AND SUPERVISION OF SCHOOLS, (126.) SECTION 1. At the meetings of the several boards First appoint- of supervisors of the different counties of the State to be So^of" held on the fourth Monday in June, eighteen hundred ninety- schools, one, the said several boards of supervisors shall elect a county commissioner of schools for their respective counties, whose term of office shall commence on the fourth Tuesday of August next following, who shall hold his or her office until the first day of July, eighteen hundred ninety-three, or until his or her successor shall be elected and qualified. Said board of supervisors shall also on said fourth Monday of June, appoint two persons as school examiners, who, together with said Appointment commissioner of schools, shall constitute a board of school oexaminer - examiners. One of said school examiners shall be appointed for a period of one year and the other for a period of two years, from and after the second Monday of October next after their appointment, or until their successors have been appointed and qualified. And thereafter such boards .of Term of supervisors shall, at each annual session, appoint one exam- examiner - iner, who shall hold his office for a period of two years, or until his successor shall have been appointed and qualified. Any Qualifications person shall be eligible to the office of examiner who shall hold of examiner - at least a third grade certificate and has taught in the public schools at least nine months, or who has the qualifications required of commissioners in section three of this act, except an experience of twelve months as teacher. In case a vacancy Vacancy, shall occur at any time in the office of school examiner, the judge of probate, together with the board of school examiners of the county in which such vacancy shall have occurred, shall within ten days after the occurrence of such vacancy, appoint some suitable person to fill such vacancy; and the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has quali- fied. Within ten days after such commissioners or examiners shall have received legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall be filed with the county clerk. The said county commissioner so appointed, shall execute a bond with two Official bond, sufficient sureties, to be approved by and filed with the county clerk, in the penal sum of one thousand dollars, conditioned that he or she shall faithfully discharge the duties of his or her office according to law, and to faithfully account for and pay over to the proper persons all money which may come into his or her hands by reason of his or her holding such office; GENERAL SCHOOL LAWS. Term of office. To file oath and bond. Eligibility to office of, etc. See App. A, tf 168-170. and thereupon the county clerk shall report the name and postoffice address of such county commissioner to the State Superintendent of Public Instruction. Biennial eiec- (127.) SEC. 2. There shall be elected at the election held Ssi ? o f ner m ' on the first Monday in April, eighteen hundred ninety-three and every second year thereafter, in each county, one county commissioner of schools whose term of office shall commence on the first day of July next following his or her election, and who shall continue in office two years or until his or her successor shall be elected and qualified. The county com- missioner of schools elected under the provisions of this sec- tion shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the Superintendent of Public Instruction in all respects as provided in section one of this act. (128.) SEC. 3. Persons eligible to hold the office of com- missioner of schools must possess, besides an experience of twelve months as teacher in the public schools of the State, one of the following qualifications: must be a graduate of the literary department of some reputable college, university, or State normal school, having a course of at least three years, or hold a State teachers' certificate, or be the holder of a first grade certificate; but said first grade certificate shall only qualify the holder thereof to hold the office of commissioner in the county .where such certificate was granted : Provided, That persons who have held the office of commissioner of schools under the provisions of act number one hundred forty- seven, public acts of eighteen hundred ninety-one, shall be eligible. In counties having less than fifty districts subject to the supervision of the county commissioner, a person hold- ing at the time of his or her election a second grade certificate shall be eligible. (129.) SEC. 4. The board of school examiners shall, for the purpose of examining all persons who may offer themselves as teachers for the public schools, hold two regular public examinations in each year at the county seat, which examin- ations shall begin on the last Thursday of March and the third Thursday of August in each year. From these two examinations certificates of all grades may be granted. The said board of examiners may also in their discretion hold two other regular public examinations, which shall begin on the third Thursdays of June and October at such places as in the judgment of the board the best interests of the teachers may require. From these two examinations only certificates of the second and third grades may be granted. In counties having one hundred fifty or more districts, the said board of examiners may hold one special public examina- tion for each additional twenty-five districts or fractions thereof, which special public examination, when appointed,, shall be held commencing on one or more of the following Proviso as to certain coun- ties. Schedule of examinations. Counties en- titled to more than four ex- aminations. GENERAL SCHOOL LAWS. 51 dates: the third Friday of February, April and September. The place of holding such special public examination is also left to the discretion of the board of examiners. At such See 2 i 7 ', special public examinations only certificates of the third grade 169 - shall be granted. It shall be the duty of the county com- missioner to make out a schedule of the times and places of holding special examinations, and to cause it to be published in one or more newspapers of the county at least ten days before each special examination. (130.) SEC. 5. The board of school examiners shall meet Granting of on the Saturday of the week following such public examination c< held by the county commissioner, and shall grant certificates to teachers in such form as the Superintendent of Public Instruction shall prescribe, licensing as teachers all persons who shall have attained the age of seventeen years who have attended such public examinations and who shall be found qualified in respect to good moral character, learning, and ability to instruct and govern a school ; but no certificate shall be granted to any person who, having arrived at the age of twenty-one years, is not a citizen of the United States, and who shall not have passed a satisfactory examination in orthography, reading, writing, grammar, geography, arithme- tic, theory and art of teaching, United States history, civil gov- ernment, and physiology and hygiene, with reference to the effect of alcoholic drinks, stimulants, and narcotics upon the human system. The board of examiners shall have the right, however, to renew without examination the certificates of persons who shall have previously obtained an average stand- ing of at least eighty-five per cent in all studies covered in two or more previous examinations, and who shall have been since such last named examination continuously and success- fully teaching in the same county. All certificates shall be s y whom signed by the county commissioner and by at least one other 8i g ned - member of the board of examiners. No person shall be con- sidered a qualified teacher within the meaning of this act, nor shall any school officer employ or contract with any person to teach in any of the public schools under the provisions of this act, who has not a certificate in force granted by the board of school examiners or other lawful authority. All Examination examination questions shall be prepared and furnished by questions, the Superintendent of Public Instruction to the county com- missioner under seal, to be opened in the presence of the applicants for certificates on the day of examination. (131.) SEC. 6. There shall be three grades of certificates Grades of cer- granted by the board of school examiners, in its discretion, il] and subject to such rules and regulations as the Superintend- ent of Public Instruction may prescribe, which grades of cer- tificates shall be as follows: The certificate of the first grade First grade, shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the State for four vears: Provided, That all examination papers proviso. 52 GENERAL SCHOOL LAWS. Further proviso. Second grade. Third grade. Classes A and B. Proviso. for first grade certificates favorably passed upon by the board* of examiners, together with such certificates, shall be for- warded to the Superintendent of Public Instruction within ten days from date of examination, for inspection: And provided further, That no first grade certificate shall be valid in any county other than that in which it is granted, unless approved and countersigned by the Superintendent of Public Instruc- tion, and a copy filed with the county commissioner in the county in which the holder of said certificate desires to teach. The certificate of [the] second grade shall be granted only to those who shall have taught at least seven months with a'bility and success, and it shall be valid throughout the county for which it shall be granted for three years. The certificates of the third grade shall be divided into two classes known as A and B. Third grade certificates of class A shall be granted only to persons who have taught successfully and continuously for at least three years next preceding the examination in primary departments of graded schools; and a certificate of this class shall entitle the holder to teach in primary depart- ments of graded schools only. Third grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted for one year; but no more than three certificates of this class shall be granted to the same person : Provided, That the county commissioner shall have power, upon perspnal examination satisfactory to himself or herself, to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted; but such certificate shall not continue in force beyond the time of the next public examination, and in no case shall a second special certificate be granted to the same person, and it shall not in any way exempt the teacher from a full exam- ination. (132.) SEC. 7. The board of school examiners may suspend or revoke any teachers' certificate issued by them for any reason which w 7 ould have justified said board in withholding the same when given, for neglect of duty, for incompetency to instruct or govern a school, or for immorality; and the said board may, within their jurisdiction, suspend for immorality or incompetency to instruct and govern a school, the effect of any teachers' certificate that may have been granted by other law r ful authority: Provided, That no certificate shall be sus- pended 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. (133.) SEC. 8. It shall be the duty of the county com- missioner : First, Immediately after his or her qualification as commis- sioner, to send notice thereof to the Superintendent of Public Instruction and the chairman of each township board of school inspectors of the county; Suspension of certificate, etc. Proviso. Duty of commissioner. Notice of qualification. GENERAL SCHOOL LAWS. 53 Second, To keep a record of all examinations held by the Record of ex- fooard of school examiners and to sign all certificates and other a ination8 ' papers and reports issued by the board; Third, To receive the institute fees provided by law and to of fees. pay the same to the county treasurer quarterly, beginning September thirty, in each year; Fourth, To keep a record of all certificates granted, sus- Record of pended, or revoked by the said board of commissioners, show- certiflcat e 8 - Ing to whom issued, together with the date, grade, duration of each certificate and, if suspended or revoked, with the date and reason thereof; t Fifth, To furnish, previous to the first Monday in September List of teach- in each year to the township clerk of each township in the er8 ' etc - county, a list of all persons legally authorized to teach in the county at large, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation; Sixth, To visit each of the schools in the county at least TO visit once in each year and to examine carefully the discipline, the schools ' etc - mode of instruction, and the progress and proficiency of popils: Provided, That in case the county commissioner is unable to Proviso as to visit all the schools of the county as herein required, the said f 8 r s s istant visl " commissioner may appoint such assistant visitors as may be necessary, who shall perform such duties pertaining to the visitation and supervision of schools as said commissioner shall direct: Provided, That the whole expense incurred by such assistant visitor shall not exceed the sum of ninety dol- lars in any one year; Seventh, To counsel with the teachers and school boards as counsel with to the courses of study to be pursued, and as to any improve- teach e rs ' tc - ment in the discipline and instruction in the schools; Eighth, To promote by such means as he or she may devise, improvement the improvement of the schools in the county, and the elevation of 8Chools ' etc - of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of institutes appointed by the Superintendent of Public Instruction and perform such other duties pertaining thereto as the superintendent shall require; Ninth, To receive the duplicate annual reports of the several TO receive an- boards of school inspectors, examine into the correctness of JfJ,* 1 re P rt8 ' the same, requiring them to be amended when necessary, indorse his or her approval upon them, and immediately there- after and before the first day of November in each year, trans- mit to the Superintendent of Public Instruction one copy of each of said reports and file the other in the office of the county clerk ; Tenth, To be subject to such instructions and rules as the Subject to in- Superintendent of Public Instruction may prescribe, to receive s^pTo all blanks and communications that may be sent to him or her instruction, by the Superintendent of Public Instruction and to dispose of e the same as directed by the said superintendent, and to make 54 GENERAL SCHOOL LAWS. Other duties. Duty of chair- man, etc. Supervision of schools, etc. To make re- ports, etc. Compensation of commis- sioner. annual reports at the close of the school year to the Superin- tendent of Public Instruction of his or her official labor, and of the schools of the county together with such other 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. (134.) SEC. 9. It shall be the duty of the chairman of the board of school inspectors of each township : First, To have general supervisory charge of the schools of his township, subject to such advice and direction as th.e county commissioner may give; Second, To make such reports of his official labors and of the condition of the schools as the Superintendent of Public Instruction may direct or commissioner request. (135.) SEC. 10. The compensation of each commissioner shall be determined by the board of supervisors of each county respectively, but the compensation shall not be fixed at a sum not less than five hundred dollars per annum in any county where there are fifty schools under his or her supervi- sion, at not less than one thousand dollars per annum where- there are one hundred schools under such supervision, and not less than twelve hundred dollars where there are one hun- dred and twenty-five schools under his supervision; and in no case shall such compensation exceed the sum of fifteen hun- dred dollars per annum. Each member of the board of school examiners other than the county commissioner shall receive four dollars for each day actually employed in the duties of his office. The compensation of any assistant visitor, when appointed as provided in this act, shall be determined by the county commissioner, but in no case shall it exceed three dol- lars for each day employed. The compensation of the coanty commissioner, members of the board of school examiners, and of any assistant visitor shall be paid quarterly from the county treasury, upon such commissioner or visitor filing with the county clerk a certified statement of his or her account, which shall give in separate items the nature and amount of the service for each day for which compensation is claimed: Provided, That in no case shall the county commissioner receive any order for compensation from the county clerk until he has filed a certified statement from the Superintend- ent of Public Instruction that all reports required of the com- missioner have been properly made and filed with said superin- tendent: Provided further, That no commissioner shall receive an order for compensation until he shall have filed with the county clerk a detailed statement under oath showing what schools have been visited by him during the preceding quarter and what amount of time was employed in each school, naming the township and school district. The necessary contingent expenses of the commissioner for printing, postage, stationery r Of examiners. Of assistant visittrs. To be paid quarterly. Proviso. Further proviso. Of contingent expenses. GENERAL SCHOOL LAWS. 55 record books, and rent of rooms for public examinations shall be audited and allowed by the board of supervisors of the county; but in no county shall the expenses so allowed exceed Limit of. the sum of two hundred dollars per annum and no traveling fees shall be allowed to the commissioner or to .any assistant visitor or school examiner. (136.) SEC. 11. No Superintendent of Public Instruction, Shan mot act instructor at institute, county commissioner or examiner, shall act as agent for the sale of any school furniture, text-books, maps, charts, or other school apparatus. (137.) SEC. 12. Whenever by death, resignation, removal 01 vacancies, from office, or otherwise a vacancy shall occur in the office of the county commissioner of schools, the county clerk shall see 126. issue a call to the chairman of the township board of school inspectors of each township in the county, who shall meet at the office of the county clerk on a date to be named in said [notices] notice, not more than ten days from the date of the notice, and appoint a suitable person to fill the vacancy for the unexpired portion of the term of office. (138.) SEC. 13. The officers of every school district which certain is or shall hereafter be organized in whole or in part in any Imfi'Sc. incorporated city in this State where special enactments shall exist in regard to the licensing of teachers, shall employ only such teachers as are legally qualified under the provisions of this act: Provided, That in cities employing a superintendent, the examination of teachers shall be conducted by such super- intendent or by a committee of the board of education of such school district, and certificate issued at such time and in such a manner as the Superintendent of Public Instruction and board of education in such city shall prescribe. Cities having of city a special and thoroughly equipped normal training depart- ! ment, under control of a special training teacher, such school Exempt from having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the primary school interest fund as the number of unqualified teachers 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 Super- intendent of Public Instruction may require. (139.) SEC. 14. All acts or parts of acts conflicting with Repealing the provisions of this act are hereby repealed. 56 GENERAL SCHOOL LAWS. CHAPTER XIV. PENALTIES AND LIABILITIES. Penalty on inhabitant for neglect of duty. Penalty on district officer for neglecting or refusing to perform duties. See App. A. IT 158, 160. Penalty on inspector for neglect or refusal. Liability of inspectors for neglecting to report. See App. A, TT5-11. Liability of township clerk. Liability of county cleik for neglect to transmit re- ports. How moneys collected on account of neglect dis- posed of. (140.) SECTION 1. Any taxable inhabitant of a newly formed district receiving the notice of the first meeting, who shall neglect or refuse duly to serve and return such notice, and every chairman of the first district meeting in any district, who shall wilfully neglect or refuse to perform the duties enjoined on him by this act shall respectively forfeit the sum of five dollars. (141.) SEC. 2. Any person duly elected to the office of moderator, director, assessor, or trustee of a school district, who shall neglect or refuse without sufficient cause, to accept such office and serve therein or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars. (142.) SEC. 3. Any person duly elected or appointed a school inspector, who shall neglect or refuse, without sufficient cause, to qualify and serve as such, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars. (143.) SEC. 4. If any board of school inspectors shall neglect or refuse to make and deliver to the township clerk their annual report as required by this act, within the time limited therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the township treasurer in the name of the town- ship, in an action of debt or on the case; and if any township clerk shall neglect or refuse to transmit the report herein mentioned within the time limited therefor, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon, to be recovered in an action of debt or on the case. (144.) SEC. 5. Any county clerk who shall neglect or refuse to transmit to the Superintendent of Public Instruction the reports required by this act, within the time therefor lim- ited, shall be liable to pay to each township the full amount which such township or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recov- ered in an action of debt or on the case. (145.) SEC. 6. All the moneys collected or received by any township treasurer under the provisions of either of the two last preceding sections, shall be apportioned and distributed to the school districts entitled thereto, in the same manner and in the same proportion that the moneys lost by any neg- lect or refusal therein mentioned would, according to the provisions of this act, have been apportioned and distributed. GENERAL SCHOOL LAWS. 57 (146.) SEC. 7. Any township clerk who shall neglect or Liability of refuse to certify to the supervisor any school district taxes l^^upervK that have been reported to him as required by this act, and ix ? regard to any supervisor wilfully neglecting to assess any such tax shall dl be liable to any district for any damage occasioned thereby, to be recovered by the assessor in the name of the district, in an action of debt or on the case. (147.) SEC. 8. The township board of each township, and when town- in the case of fractional school districts, the township board of remove a cer- the township in which the district schoolhouse thereof is sit- tain officer - uated, shall have power and is hereby required to remove from office, upon satisfactory proof, after at least five days' notice see App. A, to the party implicated, any district officer or school inspector n l2 ' 17- who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause, refuse or -neglect to discharge any of . the duties of his office And in case of such removal it shall be Township the duty of the township clerk of such township to enter in the records of such township the resolution or order of such removal, board, for such removal; and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of the jurisdiction of such board and of the regularity of the proceedings for such removal, and (unless the party so removed shall, within thirty Party removed days after such removal, institute proceedings before a court of competent jurisdiction for the removal of such order for removal, or if after such thirty days such proceedings to obtain board. such removal shall be discontinued or dismissed) shall be con- clusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five days' notice of the time and place fixed by said board for the hearing of the case as aforesaid. (148.) SEC. 9. No school officer, superintendent, or teacher school officers of schools, shall act as agent for any author, publisher, or JUJ? ^tot a? seller of school books, or shall directly or indirectly receive schooi-book any gift or reward for his influence in recommending the pur- agents ' et< chase or use of any library or school book or school apparatus, school officers or furniture whatever, nor shall any school officer be person- t e 4st e d e in D ally interested in any way whatever in any contract with the contracts'^ district in which he may hold office. Any act or ne'glect herein su^^s 861 prohibited, performed by any such officer, superintendent, or deemed mis- teacher, shall be deemed a misdemeanor. (149.) SEC. 10. All provisions of this act shall apply and where this be in force in every school district, township, city, and village act sha11 "PP 1 *- in this State, except such as may be inconsistent with the direct provisions of some special enactment of the Legislature. (150.) SEC. 11. Chapters numbered one hundred thirty- chapters and one, one hundred thirty-six, one hundred thirty-seven, and acts repealed, one hundred thirty-eight of the compiled laws of eighteen hundred seventy-one, and act numbered forty-two of the ses- sion laws of eighteen hundred seventy-five, and all acts and 8 58 GENERAL SCHOOL LAWS. parts of acts amendatory of said chapters and said act, being acts numbered forty-one, forty-two, fifty-six, and sixty-three of the session laws of eighteen hundred seventy-two; acts num- bered forty-four, sixty-nine, seventy-one, seventy-six, ninety- eight, one hundred nineteen, one hundred thirty-two, one hundred sixty-four, and one hundred ninety-three of the ses- sion laws of eighteen hundred seventy-three; acts numbered thirty-six, fifty-one, eighty-four, ninety-four, one hundred six, one hundred thirty-seven, one hundred eighty-three, and two- hundred thirty of the session laws of eighteen hundred seventy- five; acts numbered seventy-seven and one hundred seventy- three of the session laws of eighteen hundred seventy-seven; acts numbered forty-four, forty-six, one hundred fifty-nine, one hundred sixty-four, two hundred fifty-four, two hundred fifty-five, and two hundred sixty-four of the session laws -of eighteen hundred seventy-nine; and all other acts and parts of acts contravening the provisions of this act are hereby fully repealed. CHAPTER XV. [Act No. 158, Laws of 1881.] ELECTION OF SCHOOL INSPECTORS, Sections amended. Annual meet- ing. Officers to be elected. Term of office of school in- spectors. Vacancy. Proviso. (151.) SECTION 1. Sections eight and fourteen of chapter twelve of the compiled laws of eighteen hundred and seventy- one, as amended by act number forty-two of the session laws of eighteen hundred seventy-five, are hereby amended; and sec- tion thirteen of the same chapter, repealed by said act, is hereby restored and amended; and section one hundred and three of the same chapter, as amended by act number one hun- dred ninety-nine of the session laws of eighteen hundred sev- enty-nine, is hereby amended, all of said sections to read as follows : (152.) SEC. 2. The annual meeting of each township shall be held on the first Monday in April in each year, and at such meeting there shall be an election for the following officers: one supervisor, one township clerk, one treasurer, one school inspector, one commissioner of highways, so many justices of the peace as there are by law to be elected in the township, and so many constables as shall be ordered by the meeting, not exceeding four in number. (153.) SEC. 3. Each school inspector elected as aforesaid shall hold his office for two years from that time and until his successor shall be elected and duly qualified, except when elected or appointed to fill a vacancy, in which case he shall hold the office during the unexpired portion of the regular term: Provided, That in the year eighteen hundred eighty- GENERAL SCHOOL LAWS. 59 two one additional school inspector in each township shall be elected for the term of one year: Provided further, That the Proviso. township superintendent of schools and school inspectors, now in office shall continue to act as school inspectors, and said superintendent of schools shall continue to act as chair- man of the board of school inspectors until the school inspect- ors provided for by this act shall have been elected and duly qualified and shall enter upon the duties of their respective offices. (154.) SEC. 4. Each of the officers elected at such meet- Term of office- ings, except justices of the peace and school inspectors, shall hold his office for the term of one year and until his successor shall be elected and duly qualified. (155.) SEC. 5. No person, except an elector as aforesaid, who eligible shall be eligible to any elective office contemplated in this tooffice - chapter : Provided, however, That any female person of or Proviso, above the age of twenty-one years, who has resided in this State three months and in the township ten days next preced- ing any election, shall be eligible to the office of school inspector. CHAPTER XVI. [Act No. 53, Laws of 1877.] TEACHERS' INSTITUTES. (156.) SECTION 1. All boards or officers authorized by law Examining to examine applicants for certificates of qualification as teach- ers shall collect, at the time of examination from each male tachers, applicant for a certificate, an annual fee of one dollar, and from each female applicant for a certificate, an annual fee of fifty cents; and the director or secretary of any school board that shall employ any teacher who has not paid the fee herein- before provided, shall collect at the time of making contract, from each male teacher so employed, an annual fee of one dollar, and from each female teacher so employed, an annual fee of fifty cents. All persons 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. (157.) SEC. 2. All such fees collected by the director or Fees to be paid secretary of any school board shall be paid over to the secre- J t re c r ou j a ^ t e r r e i as " tary of the county board of school examiners of the county in ul which they were collected, on or before the fifteenth day of March, June, September and December, accompanied by a list of those persons from whom they were collected; and all such (156.) The requirements of the f-tatutes apply to all teachers, whether applicants for certificates, or employed hy pchool board?, savo that but one fee can be required for any one year. Fan Riper, Attorney General, March 21, 1884. 60 GENERAL SCHOOL LAWS. Fees so paid to constitute teachers' in- stitute fund. Annual county institute. Provito. 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 Superin- tendent of Public Instruction. All moneys paid over to the county treasurer as provided by this act, shall be set apart as a teachers' institute fund, to be used as hereinafter pro- vided. (158.) SEC. 3. The Superintendent of Public Instruction shall annually appoint a time and place in each organized county for holding a teachers' institute, make suitable arrangements therefor, and give due notice thereof: Provided, That in organized counties having less than one thousand children between the ages of five and twenty years, the hold- ing of said institute shall be optional with the said superin- tendent, unless requested to hold such institute by fifteen teachers of the county in which such institute is to be held: Provided, however, That if there shall not be a sufficient number of teachers in any county to make such request, then teachers of adjoining counties who desife to attend such institute may unite in the required application to said superintendent: Provided also, That the said superintendent may, in his discre- tion, hold an institute for the benefit of two or more adjoin- ing counties and draw the institute fund from each of the counties thus benefited, as hereinafter provided. (159.) SEC. 4. The Superintendent of Public Instruction, in case of inability personally to conduct any institute or to make the necessary arrangements for holding the same, is hereby authorized to appoint some suitable person for that purpose, who shall be subject to the direction of said superin- tendent. Every teacher attending any institute held in accord- ance with the provisions of this act, shall be given by the Superintendent of Public Instruction or by the duly appointed conductor, a certificate setting forth at what sessions of said institute such teacher shall have been in attendance; and any teacher who shall have closed his or her school in order to attend said institute shall not forfeit his or her wages as teacher during such time as he or she shall have been in attendance at said institute, and the certificate hereinbefore provided shall be evidence of such attendance. (160.) SEC. 5. For the purpose of defraying the expenses of rooms, fires, lights, or other necessary charges, and for procuring teachers and lecturers, the said superintendent or the person duly authorized by him to conduct said institute, may demand [an order] of the county clerk of each county for the benefit of which the institute is held, who shall there- Proviso. Proviso. Conductor of institute may be appointed. Teachers can close school to attend in- stitute. Expenses of institute, how paid. GENERAL SCHOOL LAWS. 61 upon 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 funds in his hands the amount of said order. (161.) SEC. 6. In case the institute fund in any county May draw on > shall be insufficient to defray the necessary expenses of any Jjj S^cer- > institute held under the provisions of this act, the Auditor tain cases - General shall, upon the certificate of the superintendent that he has made arrangements for holding such institute and that the county institute fund is insufficient to meet the expenses thereof, draw his warrant upon the State Treasurer for such additional sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed sixty dollars for each institute of five days' duration, and shall be paid out of the general fund. (162.) SEC. 7. The superintendent is authorized to hold, Yearly state once in each year, an institute for the State at large to be institut e- *_ M denominated a State institute; and for the purpose of defray- Expenses to : ing the necessary expenses of such institute, the Auditor Gen- J t \te treaSSy. eral shall, on the certificate of said superintendent that he has made arrangements for holding such institute, draw his war- rant upon the State Treasurer for such sum as said superin- tendent 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 proviso, eighteen hundred dollars shall be drawn from the treasury, or any greater liability incurred in any one year, to meet the provisions of this act. (163.) SEC. 8. The Superintendent of Public Instruction, vouchers for or the conductor of the institute by him appointed, drawing P a y ments - money from the county treasurer under section five of this act, shall, at the close of each institute, furnish to the county treasurer vouchers for all payments from the same in accord- ance with this act; and he shall return to the county treasurer whatever of the amount that may remain unexpended, to be replaced in the institute fund. (164.) SEC. 9. An act entitled "An act to establish Teach- Acts repealed, ers' Institutes," approved February tenth, eighteen hundred fifty-five, as amended by act two hundred thirty-nine, session laws of eighteen hundred sixty-one, being compiler's sections three thousand seven hundred eighty-nine, three thousand seven hundred ninety, and three thousand seven hundred ninety-one of the compiled laws of eighteen hundred seventy- one, are hereby repealed. 62 GENERAL SCHOOL LAWS. CHAPTER XVII. [From Act No. 194, Laws of 1889.] NORMAL SCHOOL DIPLOMAS AND CERTIFICATES. Of the normal school. Proviso. Course of study, train- ing school, etc. Diplomas. Certificate to teach, when granted, term of, etc. pp. , 169, 233. S 130 Proviso. Life certifi- cates, when granted, etc. May be re- voked. (165.) SEC. 3. The State Board of Education shall con- tinue the normal school at Ypsilanti in the county of Wash- tenaw, where it is now located. The purpose of the normal school shall be the instruction of persons in the art of 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 elementary [graded] schools of this State, which shall provide not less than twenty weeks of special professional instruction. (166.) SEC. 5. Said board shall provide all necessary courses of study to be pursued in the normal school, and estab- lish and maintain in connection therewith a fully equipped training school as a school of observation and practice, and shall grant, upon the completion of either of said courses, such diplomas 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. (167.) SEC. 6. Upon the completion of the course specially prescribed, as hereinbefore provided for the rural and elemen- tary graded schools, said Board of Education shall, upon the recommendation of the principal and a majority of the heads of departments of said school, grant a certificate which shall be signed by said board and the principal of the normal school, which certificate shall contain a list of the studies included in said course and which shall entitle the holder to teach in any of the schools of the State for which said course has been pro- vided for a period of five years : Provided, That said certificate may be suspended or revoked by said State Board of Education upon cause shown by any county board of examination, or by any board of school officers. (168.) SEC. 7. Upon the completion of either of the advanced courses of study prescribed by said State board, which shall require not less than four years for their comple- tion, said Board of Education, upon the recommendation of the principal and a majority of the heads of departments of said school, shall issue a certificate to the person completing said course, which certificate shall be referred to in the diploma hereinbefore provided to be granted. Said certificate shall set forth a list of the studies of the course completed and, when given, shall operate as a life certificate, unless revoked by said State Board of Education. GENERAL SCHOOL LAWS. 63 (169.) SEC. 8. The Board of Education shall make such Admission of regulations for the admission of pupils to said school as it P u P ils - shall deem necessary and proper : Provided, That the appli- Proviso. ' .cant shall, before admission, sign a declaration of intention to teach in the schools in this State. CHAPTER XVIII. [From Act No. 73, Laws of 1895 ] STATE CERTIFICATES TO TEACHERS. (170.) SEC. 15. Said board shall hold at least two meet- Board to grant ings each year, at which they shall examine teachers and shall ^ lfioates ' grant certificates to such as have taught in the schools of this State at least two years, and who shall, upon a thorough and critical examination in every study required for such certifi- cate, be found to possess eminent scholarship, ability and good moral character. Such certificate shall be signed by the mem- bers of said board and be impressed with its seal, and shall entitle holder to teach in any of the public schools of this State without further examination, and shall be valid for life, unless revoked by said board. No certificate shall be granted except upon the examination herein prescribed: Provided, That the said State Board of Education may, in its discretion, certificates of endorse State teachers' certificates or normal school diplomas other 8tates - granted in other States, if it be shown to the satisfaction of such board that the examinations required or courses of study pursued are fully equal to the requirements of this State. CHAPTER XIX. [Act No. 175, Laws of 1897.] THE RELATIONS OF EXISTING NORMAL SCHOOLS. SECTION 1. The People of the State of Michigah enact, That Uniformity of the State Board of Education shall maintain substantial uni- courses f ormity and reciprocity in the courses of study of the Central Michigan Normal School,^ind with any related courses which may be offered at the State Nornial School at Ypsilanti; so that transfer of students from one school to another sha 11 not lead to loss of standing for similar courses ; and shall, upon the completion of the course by any student in the Central Michi- gan Normal School, and upon recommendation of the principal Granting of and a majority of the faculty thereof, grant the following cer- certificates, tificate only, which shall be signed by said board and faculty, 64 GENERAL SCHOOL LAWS. For two years. or such members thereof as the board may direct; which cer- tificates shall contain a list of studies included in said courses, and which shall entitle the holder to teach in any of the schools of the State for which said courses have been provided, as follows: I. Upon the completion of a course of study containing the branches of instruction required by law for a third grade county certificate, and such work in science and art of teaching as said Board of Education may require, the board shall "issue a certificate, valid for two years, authorizing the holder to teach in any district school of this State employing not more than one teacher: Provided, That said two years' certificates may be once renewed for a like period upon satisfactory evi- dence to the granting power of successful experience in teach- ing. II. Upon the completion of a course of instruction contain- ing the branches of instruction required for a first grade county certificate, and such additional w r ork in the science and art of teaching as said Board of Education may require, said board shall grant a certificate, valid throughout the State for a period of three years: Provided, That said three year cer- tificate may be once renewed for a like period, upon satisfac- tory evidence to the granting power, of successful experience in teaching. SEC. 2. The State Board of Education may, through the State Normal School at Ypsilanti, grant similar certificates for elementary graded and rural schools as in their judgment shall seem wise, and shall through the same institution con- tinue to grant certificates good for five years, life certificates, diplomas and degrees, as are now provided by statute and custom; and in recognition of the work now being done under existing laws, in those life certificates and degree courses in the State Normal School at Ypsilanti, the State Board of Edu- cation is empowered to designate that school in the courses leading to such certificate and degree by the name, The Michi- gan State Normal College. All acts or parts of acts conflicting with the provisions of this act are hereby repealed. Renewal of two-year cer- tificate. For three years. Renewal of three-year certificate. For five years. Life certifi- cates. CHAPTER XX. [Act No. 117, Laws of 1855.] TEACHERS' ASSOCIATION, - (171.) SECTION 1. Any fifteen or more teachers, or other persons residing in this State, who shall associate for the pur- pose of promoting education and science, and improvements in GENERAL SCHOOL LAWS. 65 the theory and practice of teaching, may form themselves into a corporation, under such name as they may choose, providing they shall have published in some newspaper printed at Lan- Notice to be sing or in the county in which such association is to be located, pub 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 constitution, and by-laws of said association. where filed - (172.) SEC. 2. Such association may hold and possess real May hold and personal property to the amount of five thousand dollars ; P r P ert y- but the funds or property thereof shall not be used for any Restrictions other purpose than the legitimate business of the association u p nit suse. in securing the objects of its corporation. (173.) SEC. 3. Upon becoming a corporation as herein- Privileges and before provided, they shall have all the powers and privileges, and be subject to all the duties of a corporation, according to the provisions of chapter fifty-five of the revised statutes of this State [Chap. 130, compiled laws of 1871], so far as such provisions shall be applicable in such case and not inconsistent with the provisions of this act. CHAPTER XXI. [ Act No. 131, Laws of 1875. ] KEEPING OF PUBLIC MONEYS. (174.) SECTION 1. All moneys which shall come into the "Public hands of any officer of the State, or of any officer of any county flS 78 de " or of any township, school district, highway district, city, orseeA PP .A, village, or of any other municipal or public corporation within lf 50 " 79 ' this State, pursuant to any provision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act. (175.) SEC. 2. It shall be the duty of every officer charged Public. moneys with receiving, keeping or disbursing of public moneys to a^ateSm^u keep the same separate and apart from his own money, and he other funds - shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation. (176.) SEC. 3. No such officer shall, under any pretext, HOW used, 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. (177.) SEC. 4. In all cases where public moneys are author- interest on ized to be deposited in any bank, or to be loaned to any ^o^stit'ute 7 * individual, firm, or corporation, for interest, the interest accru- general fund. 66 GENERAL SCHOOL LAWS. ing upon such public moneys shall belong to and constitute a general fund of the State, county, or other public or munici- pal corporation, as the case may be. (178.) SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable consideration as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corporation. (179.) 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. (180.) SEC. 7. Any person guilty of a violation of any of the provisions of this act shall, on conviction thereof, be pun- ished by a fine not exceeding one thousand dollars, or impris- onment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall prevent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such gen- eral statute. (181.) SEC. 8. Any officer who shall wilfully or corruptly draw r or issue any warrant, order, or certificate for the pay- ment 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 deposit of money with particular bank, etc. . Provisions of this act to ap- ply to deputies, etc. Penalty for violating pro- visions of this act. Proviso. Penalty for illegal payment of money. CHAPTER XXII. Duty of parents and guardians to send children to school. In private schools. [Act No. 95, Public Acts of 1895, as amended by Act No. 67, Public Acts of 1897.] COMPULSORY EDUCATION OF CHILDREN. (182.) SECTION 1. That every parent, guardian or other person in the State of Michigan having control and charge of any child or children between the ages of eight and sixteen years and in cities between the ages of seven and sixteen years, shall be required to send such child or children to the public school for a period of at least four months in each school year, except that in cities having a duly constituted police force, the attendance at school shall not be limited to four months beginning on the first Monday of the first term commencing in his or her district after Sep- tember first of each year. And such attendance, in cities, shall be consecutive until each and every pupil between the ages of seven and sixteen years shall have attended school the entire school year previous to the thirtieth day of June in each school year: Provided, If it be shown that any such child .or children are being taught in a private school in such branches as are usually taught in the public schools, or have already acquired the ordinary branches of learning taught in GENERAL SCHOOL LAWS. 71 and physiology and hygiene; but text-books once adopted under the provisions of this act shall not be changed within five years: Provided, That the text-books on the subject of Proviso, physiology and hygiene must be approved by the State Board of Education and shall in every way comply with section fifteen of act number one hundred sixty-five of the public acts of eighteen hundred eighty-seven, approved June ninth, eight- een hundred eighty-seven: And provided further, That all text- Proviso, books used in any district shall be uniform in any one subject. (193.) SEC. 2. The district board of each school district District board shall select the kind of text-books on subjects enumerated in books 80 * text " section one, to be taught in schools of their respective districts: Provided, That nothing herein contained shall require any change in text-books now in use in such district. They shall Vote to be cause to be posted in a conspicuous place, at least ten days prior to the first annual school meeting from and after the ^passage of this act, a notice that those qualified to vote upon act the question of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters, as above provided, present at such meeting, shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act; the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the dis- trict shall be noted in the annual report of the Superintendent of Public Instruction. The district board shall take the neces- District board sary steps to purchase such books for the use of all pupils ^^ESSs 8 in the several schools of their districts, as hereinafter provided, when author- The text-books so purchased shall be the property of the dis- 1: trict purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, proviso. That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That noth- p r0 viso. ing herein contained shall prevent any district having once adopted or rejected free text-books, from taking further action on the same at any subsequent annual meeting. (193.) SEC. 3. It shall be the duty of the district board of Board to con- any school district adopting free text-books provided for in p^Jj^ this act to make a contract with some dealer or publisher to etc. furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, That any Provi80 . district, may, if it so desires, authorize its district board to advertise for proposals before making such contract. (194.) SEC. 4. The district board of every school district Board to make in the State adopting free text-books under this act shall make jjj ^ esti ' and prepare annually an estimate of the amount of money amount to necessary to be raised to comply with the conditions of this 72 GENERAL SCHOOL LAWS. When director to purchase books, etc. Refusal or iieglectjof x duty a misde- act, and shall add such amount to the annual estimates made for money to be raised for school purposes for the next ensuing year. Said sum shall be in addition to the amount now pro- vided by law to be raised, which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as pro- vided by law for raising the regular annual estimates of the respective district boards for school purposes, and when col- lected shall be paid to the district treasurer in the same man- ner as all other money belonging to said district is paid. (195.) SEC. 5. On the first day of February next after the tax shall have been levied, the director of said district may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for the price of the books so purchased, including the cost of transportation. (196.) SEC. 6. If the officers of any school district, which has so voted to supply itself with text-books, shall refuse or neglect to purchase, at the expense of the district, for the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing, or neglecting, shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent juris- diction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court: Provided, That any district board may buy its books of local dealers, if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts in cities organ- ized under special charters shall be exempt from the provisions of this act; but such districts may, when so authorized by a majority vote of their district boards, submit the question of free text-books to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. Penalty. Proviso. Further proviso. In cities boards may submit ques- tion to voters of district. Who consti- tutes board. CHAPTER XXV. [Act No. 198, Public Acts of 1897.] UNIFORMITY OF TEXT-BOOKS. SECTION 1. The People of the State of Michigan enact, That the State Board of Education, together with three county school commissioners to be appointed by the Governor and to GENERAL SCHOOL LAWS. 73 serve for the term of five years, shall constitute a board of com- missioners for the purpose of making a selection or procur- ing the compilation for use in the common or primary schools of the State of Michigan of a series of text-books in the fol- lowing branches of study: Spelling, reading, arithmetic, Branching of geography, English grammar, physiology, history of the 8tudy> United States, civil government of the United States and civil government of Michigan, algebra, physics, and a graded system of writing books: Provided, That none of said text- books shall contain anything of a partisan or sectarian char- acter: And provided further, That the foregoing books shall character and be at least equal in size and quality as to matter, material, g^ ty of style of binding and mechanical execution to the following text-books now in general use, namely: The speller to Har- rington's spelling book, the readers to Swinton's readers, the arithmetics to Milnes' arithmetics, the geographies to Frye's geographies, the grammars to Hyde's grammars, the physiol- ogy to Hutchinson's physiologies, the histories to Fisk's his- tories of the United States, the civil goverment to Thorpe- King's civil government of the United States and to Thorpe- King's civil government of Michigan, the algebra to Went- worth's algebras, the physics to Gage's physics, and the writ- ing books to the Electic copy books. SEC. 2. The said board of commissioners shall, after Janu- Advertising ary thirteen, eighteen hundred and ninety-nine, advertise for p JJJJSJ[ twenty-one consecutive days in two daily papers published in this State, having the largest circulation, and in one newspaper of general circulation in each of the cities, New York, Phila- delphia, Cincinnati, Chicago and St. Louis, that at a time and place to be fixed by said notice, and not later than six months after the first publication thereof, said board will receive sealed proposals on the following: First, From publishers of school text-books, for furnishing Prom pub . books for use in the common or primary schools of this State, ushers, as provided in this act, for a term of five years, stating specific- ally in such bid the price at which each book will be fur- nished, and accompanying such bid with copies of each and all books proposed to be furnished in such bid; Second, From the [authors] authers of school text-books From authors . who have manuscripts of books not published, for prices at .which they will sell their manuscripts, together with the copy- right of such books for use in the public schools of the State of Michigan; Third, From persons who are willing to undertake the com- From com . pilation of a book or books, or a series of books, as provided P ilers - for in section one of this act, the price at which they are will- ing to undertake such compilation of any or all such books, to the satisfaction of and acceptance of the said board of commissioners: Provided, That any and all bids by publish- Bidaccompa . ers, herein provided for, must be accompanied by a bond in the ni e dt >y bond - penal sum of fifty thousand dollars, with surety, to the accept- 10 74 GENERAL SCHOOL LAWS. Bid accom- panied by affidavit. Regarding free compilations. ance and satisfaction of the Governor of this State, con- ditioned that if any contract be awarded to any bidder here- under, such bidder will enter into a contract to perform the conditions of his bid to the acceptance and satisfaction of said board: And provided further, That no bid shall be considered unless the same shall be accompanied by the affidavit of the bidder that he is in nowise, directly or indirectly, connected with any other publisher or firm who is now bidding for books submitted to such board, nor has any pecuniary interest in any other publisher or firm bidding at the same time and that he is not a party to any compact, syndicate or other scheme whereby the benefits of competition are denied to the people of this State : And be it further provided, That if any competent author or authors shall compile any one or more books of the first order of excellence and shall offer the same as a free gift to the peo- ple of this State, together with the copyright of the same and the right to manufacture and sell such works in the State of Michigan for use in the public schools it shall be the duty of such board of commissioners to pay no money for any manu- script for such book or books on the subject tfeated of in the manuscript so donated; and such board shall have the right to reject any and all bids and at their option such board shall have the right to reject any bid as to 'a part of such books, and to accept the same as to the residue thereof. SEC. 3. It shall be the duty of such board to meet at the time and place mentioned in such notice, and open and exam- ine all sealed proposals received pursuant to the notice pro- vided for in section two of this act, and it shall be the further duty of such board to make a full, complete and true investi- gation of all such bids or proposals, and to ascertain under which of said proposals or propositions the school books can be furnished to the people of this State for use in the com- mon schools at the lowest price, taking into consideration the size and quality as to matter, material, style of binding, and mechanical execution of such books: Provided always, That such board shall not, in any case, contract with any author, publisher or publishers, for the furnishing of any book, manu- script, copyright or books, which shall be sold to the people for use in the public schools of this State at a price above or in excess of the following, which shall include a profit to the retail dealer in such books of twenty (20) per cent, namely; for a spelling book, fifteen (15) cents; for a first reader, fifteen (15) cents; for a second reader, twenty-five (25) cents; for a third reader, thirty-five (35) cents; for a fourth reader, forty- five (45) cents; for a fifth reader, sixty (60) cents; for an arithmetic, intermediate, thirty (30) cents, for an arithmetic, complete, forty-five (45) cents; for a geography, primary, thirty- five (35) cents; for a geography, complete, ninety (90) cents; for an English [grammar] grammer, elementary, twenty-five (25) cents; for an English grammar, complete, fifty-five (55) Rejection of bids. Opening and investigation f proposals. Profits of retail dealers. GENERAL SCHOOL LAWS. 75- cents; for a primary physiology, twenty-five (25) cents; for a higher physiology, seventy-five (75) cents; for an elementary history of the United States, thirty (30) cents; for a complete history of the United States, seventy-five (75) cents; for a civil government of the United States, sixty (GO) cents; for a civil government of Michigan, twenty-five (25) cents; algebra for beginners, thirty-five (35) cents; algebra, complete, sixty (60) cents; for copy books, each, five (5) cents. SEC. 4. If upon the examination of such proposals, it shall Publication of be the opinion of such board of commissioners that such books S>ard. 8C " pt l can be furnished cheaper to the patrons, for the use in com- mon or primary schools of the State, by procuring and causing to be published the manuscript of any or all of such books, it shall be their duty to procure such manuscript and to adver- tise for sealed proposals for publishing the same, in like man- ner as hereinafter provided, and under the same conditions and restrictions. And such contract may be let for the pub- lication of all such books, or for any one or more of such Payment for books separately; and it shall be the further duty of such ma ' ori P t - board of commissioners to provide, in the contract for the publication of any such manuscript, for the payment, by the publisher, of the compensation agreed between such board and the author or owner of any such manuscript, for such manuscript, together with the cost or expense of copyrighting the same. SEC. 5. It shall be a part of the terms and conditions of Supply and every contract made in pursuance of this act for the publica- pnc tion of any book or books, that such contractor shall sell, or cause to be sold for cash to all merchants and dealers and to such school districts as are now or may hereafter furnish free text-books for use in school or schools of said district who may apply therefor, and in such quantities as they may require, a sufficient number of such books as are published under such contract to fully and promptly supply the demand for said books, which book or books shall be sold to merchants or dealers and to said school districts at a price twenty (20) per cent less than the contract price of such book or books. It Terms for shall also be a part of the terms and conditions of every con- introduction, tract made in pursuance of this act that said contractor shall furnish the book or books published under such contract for introduction into the schools in exchange for the books in use in said schools on same subjects and of the same grade, at a discount of fifty per cent from the contact price of said books. It shall also be stipulated in every contract made in pursuance of this act, that any book or books published under stipulations of said contract shall be equal in quality as to matter, material, ntract - style of binding and mechanical execution to the books named in section one of this act, and any failure of the contractor to maintain the standard of excellence of the said book or books fully up to the standard herein named shall work a forfeiture of said contract; also that contracts made for the publication 76 GENERAL SCHOOL LAWS. Penalty for extra charges. Labeling of books. of physics, histories, and geographies shall stipulate that said books shall be revised every three years as directed by said board of commissioners in order that said books may be fully up to date as to the events transpiring in the world in rela- tion to the subjects treated on in said books. SBC. 6. Any merchant or dealer who shall knowingly or wilfully charge, receive, collect or attempt to charge or col- lect for any school book or books by him sold to any school patron or pupil, any sum in excess of the price at which such book or books are required to be sold by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail not more than six months nor less than thirty days, and fined in any sum not exceeding five hundred dollars. SEC. 7. It shall be the duty of any person or persons, firm or corporation, who may hereafter furnish or supply books under the provisions of this statute to print in large letters upon the outside of the first cover of each book so furnished and supplied by him or them, the name of the adopted book, and upon the outside of the back cover the price at which such book is furnished to be sold to the patrons or pupils of the public schools of this State under each contract, and it shall be the duty of all county school commissioners and school teach- ers to see that all the books so furnished for use in the public schools of the State shall bear such imprint: Provided, This section shall not apply to copy books. SEC. 8. The books which may hereafter be adopted by the State of Michigan for use in its common or primary schools by virtue of this act, shall be uniformly used in all the com- mon or primary schools of the State, except as hereinafter pro- vided, in teaching the branches of learning treated of in such books, and it shall be the duty of the proper school officers and authorities to use in such schools such books for teaching the subjects treated in them: Provided, That no school shall be prohibited from using any supplementary books : Provided, however, That the provisions of this act shall not be mandatory on districts that are furnishing free text-books for use in the school or schools of the district, or that may, at the annual school meeting or at any special or general election in the years eighteen hundred and ninety-seven and eighteen hun- dred and ninety-eight, by a majority vote of the qualified elect- ors of said district, determine to furnish free text-books for use in the school or schools of the district, and it shall be the duty of the school board of the several districts that have not previously adopted free text-books to submit the question of the adoption of free text-books to the electors of the dis- trict at any annual school meeting or special or general elec- tion during the years eighteen hundred and ninety-seven and eighteen hundred and ninety-eight under the conditions and provisions of act number one hundred and forty-seven of the session laws of eighteen hundred and eighty-nine: And Books used in common or primary schools. Districts that are exempted. GENERAL SCHOOL LAWS. 77 provided further, That the provisions of this act shall not be mandatory on any district which shall at any annual, special, or general election during the years eighteen hundred and ninety-seven and eighteen hundred and ninety-eight determine, by a majority vote of the qualified electors of said district vot- ing on the subject, not to come thereunder. SEC. 9. It shall be a part of the terms and conditions of compensation every contract, made in pursuance of this act, that the State of contractors, of Michigan shall not be liable to any contractor hereunder for any sum whatever; but that all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of the books, as provided for in this act. SEC. 10. As soon as such board of commissioners shall Proclamation have entered into a contract or contracts for the furnishing of by 8 v emor. books for use in the public schols of this State, pursuant to the provisions of this act, it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State. SEC. 11. The sum of one thousand dollars is hereby appro- state appro- priated out of any funds in the State treasury not otherwise pris appropriated for the purpose of paying the cost and expenses incident to the giving of the notices herein provided for, and carrying out the provisions of this act. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. CHAPTER XXVI. [Act No. 176, Public Acts of 1891.] ORGANIZATION OF TOWNSHIP DISTRICTS, (197.) SECTION 1. Whenever the qualified electors of any p e titi said tov, nship, in a separate column, apart and distinct from all other township taxes. (207.) SEC. 11. The treasurer of the township shall at any Treasurer to time, at the written request of said board of education, report re p rt ' etc to said board the amount of school money in his hands, and shall, on the order of the president of said board of education, pay to the treasurer of said board all such money, taking his receipt therefor, and also a duplicate receipt which he shall file with the clerk of said board. (208.) SEC. 12. The said board shall annually, prior to Board to make the first day of April in each year, make a detailed statement |tcf en of the number of schools in said district, the number of teach- ers employed, and the number of pupils instructed therein dur- ing the preceding year, and the expenditures of said board for all purposes, and also the resources and liabilities of said dis- trict, which report or statement shall be entered at length in the record of said board and shall be publicly read by the presi- dent of said board or, in his absence, by the clerk thereof, to the electors of said township at their annual meeting on the first Monday of April thereafter, at the hour of twelve o'clock, noon. (209.) SEC. 13. All school property, both real and per- Disposition of sonal, within the limits of a township incorporated as afore- seiK>oiprop- said, shall, by force of this act become the property of the pub- lic schools of such township and all debts and liabilities of the primary school district of said township as they existed prior to its incorporation under the provisions of this act, shall become the debts and liabilities of said public schools of the township so incorporated. (210.) SEC. 14. All money raised or being raised by tax, of moneys or accrued or accruing to the school districts of said township raised by tax * as organized under the primary school laws of this State, shall hereby become the money of the public school of the township; and no tax heretofore ordered, assessed, or levied for school purposes in said township or other proceedings, shall be invali- dated or affected by means of this act. (211.) SEC. 15. The compensation of the members of the Compensation board of education shall be one dollar and fifty cents for "each Ol day's actual service rendered for said district; and the clerk and treasurer of said board shall receive such compensation 11 82 GENERAL SCHOOL LAWS. for their services as the board may determine, not exceeding fifty dollars each per annum. when township (212.) SEC. 16. When any township district shall be is divided, etc. (jjyj^d j n t o two or more townships, the existing board of trustees shall continue to act for all the townships, until the same have been organized and township boards of trustees duly elected and qualified therein. Immediately after such organization, the township boards of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made, said township boards shall make an equitable division of the existing assets and liabilities of the school district of such former township, basing their appor- tionment 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- ship or townships, the township board of each of the town- ships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and lia- bilities of the school district of the township from which the territory has been detached, basing their division upon the amount of taxable property, as the same shall appear upon the last assessment roll of such township. Alteration of township, etc. CHAPTER XXVII. [ Act No. 119, Public Acts of 1891. ] INTRODUCTION OF THE KINDERGARTEN. Duty of district board. Qualifications of teachers, etc. What children entitled to instruction. (213.) SECTION 1. In addition to the duties imposed by law upon the district board of every school district in this State, they shall also be empowered to provide a suitable room or apartment for kindergarten work, and to supply their districts respectively with the necessary apparatus and appli- ances for the instruction of children in what is known as the kindergarten method. (214.) SEC. 2. In the employment of teachers it shall be competent for such district board to require qualifications for instruction of children in kindergarten methods; and the dis- trict board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe. (215.) SEC. 3. All children residing within the district between the ages of four and seven shall be entitled to instruc- tions in the kindergarten department of such district school. *This law permits the introduction of the kindergarten method, but does not make it mandatory. GENERAL SCHOOL LAWS. 83 (216.) SEC. 4. Tlie powers and duties herein imposed or Acttoa PP i y to conferred upon the district shall also be and the same are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and village of this State; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named therein. CHAPTER XXVIII. [ Act No. 144, Public Acts of 1891. J UNIVERSITY DIPLOMAS AND CERTIFICATES. (217.) SECTION 1. The faculty of the department of liter- university may ature, science, and the arts, of the University of Michigan, ioTeachTe? ate shall give to every person receiving a bachelor's, master's, or see 130, we, doctor's degree, and also a teacher's diploma for work done in 169 ' the science and the art of teaching, from said university, a cer- tificate, which shall serve as a legal certificate of qualification to teach in any of the schools of this State, when a copy thereof shall have been filed or recorded in the office of the legal exam- ining officer or officers of the county, township, city or district Such certificate shall not be liable to be annulled except by the of annulling said faculty of the said university; but its effect may be sus- pended in any county, township, city, or district, and the holder thereof may be stricken from the list of qualified teachers in such county, township, city, or district, by the legal examining officer or officers of the said county, township, city, or district for any cause and in the same manner that such examining officer or officers may be by law authorized to revoke certifi- cates given by himself or themselves, and such suspension shall continue in force until revoked by the authority suspending it. CHAPTER XXIX. [Act No. 136, Public Acts of 1893.] COLLEGE DIPLOMAS AND CERTIFICATES. (218.) SECTION 1. The State Board of Education is hereby certificates to empowered and shall grant teacher's certificates without ex- StlS* 68 examination to any person who has received a bachelor's, colleges, master's, or doctor's degree from any college in this State hav- i 6 e 7 e ^L! 30 ' ing a course of study actually taught in such college, of not less than four years, in addition to the preparatory work neces- sary for admission to the University of Michigan, upon the 84 GENERAL SCHOOL LAWS. Certificate for four years. Life certificate. recommendation from the faculty of such college, stating thait in their judgment the applicant is entitled to receive such cer- tificate; and in addition thereto, a course in the science and art of teaching of at least one college year of five and a half hours per week, which shall have been approved by said board of education, which course shall have been taken by such per- son who shall have received a diploma therefor, and shall in- clude a thorough examination of the applicant by the college granting such diploma, as to qualification and fitness for teaching : Provided, That if said person furnishes to said board satisfactory proof of having succesfully taught for three years in the schools of this State, said certificate shall be a life certi- ficaite. If such proof is not furnished said board, then such certificate shall be for four years only, and a life certificate may at any time thereafter be issued by said board upon the filing of such proof. Such certificate shall entitle the holder to teach in any of the schools of this State without examina- tion, provided a copy of the same shall have been filed or recorded in the office of the legal examining officer or officers of the county, city, township, or district in which said person is to teach, and shall be annulled only by the State Board of Education, and by it only for cause. (219.) SEC. 2. It shall be the duty of the said Board of Education to carefully examine any course of study in the science and art of teaching that may be submitted to it by the trustees of any college and, if satisfactory, to furnish such trustees with a written certificate approving the same. (220.) SEC. 3. If at any time the said Board of Education shall conclude that any college the graduates of which may desire to receive such certificate, is not giving such instruction in the science and art of teaching and in the other branches as shall be approved by said board, then said board shall so determine by a formal resolution, and shall give notice thereof to the trustees of such college; and thereafter no teacher's cer- tificate shall be given by said board to the graduate of such college until said board shall be satisfied that proper instruc- tion in the science and art of teaching and in other branches is given by such college, and shall certify such fact to the trus- tees of such college. Board of educa- tion to decide upon college course. Instruction in science and art of teach- ing. CHAPTER XXX. Teaching pre- [ Act No. 146, Public Acts of 1895. ] RESTRICTION OF COMMUNICABLE DISEASES. (221.) SECTION 1. The People of the State of Michigan enact, That there shall be taught in every year in every public school in Michigan, the principal modes by which each of the dan- gerous communicable diseases are spread, and the best GENERAL SCHOOL LAWS. 85 methods for the restriction and prevention of each such dis- ease. The State Board of Health shall annually send to the public school superintendents and teachers throughout this State, printed data and statements which shall enable them to comply with this act. School boards are hereby required Furnished by to direct such superintendents and teachers to give oral and boardof health - blackboard instruction, using the data and statements sup- plied by the State Board of Health. (222.) SEC. 2. Neglect or refusal on the part of any sup- Penalty, erintendent or teacher to comply with the provisions of this law, shall be considered a sufficient cause for dismissal from the school by the school board. Any school board neglecting or refusing to comply with any of the provisions of this act, shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this State including schools in cities and villages, whether incorporated under special charter or under the general laws. CHAPTER XXXI. [Act No. 101, Public Acts of 1895.] EXAMINATION FOB ADMISSION TO AGRICULTURAL COLLEGE. (223.) SECTION 1. The People of the State of Michigan enact, Examination of That it shall be the duty of the State Superintendent of Public candidates. Instruction to secure, at least twice each year, from the presi- dent of the Michigan Agricultural College, a set of examina- tion questions in all the studies required for admission to said college. It shall also be the duty of the State Super- Questions intendent of Public Instruction to send a printed list of said used - examination questions to each county commissioner of schools. (224.) SEC. 2. It shall be the duty of each county commis- Duty of oom- sioner of schools to give public notice of this examination at missioner - 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 examination shall be con- conduct of ducted in the same manner as are the regular teachers' exam- examination, inations 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 examina- tion, to the president of the college, who shall examine and grade the answers and report to the candidate within five days of the receipt of the paper, the result of the examination. A standard of seventy per cent in each branch will admit to freshman class of the college without further examination. 86 GENERAL SCHOOL LAWS. CHAPTER XXXII. [Act No. 68, Public Acts of 1897.] PURCHASE OF UNITED STATES FLAGS. SECTION 1. The People of the State of Michigan enact, That the board of education or the board of school trustees in the several cities, townships, villages and school districts of this size of flag. State shall purchase a United States flag of a size not less than four feet two inches by eight feet and made of good flag bunting "A," flag staff and the necessary appliances therefor and shall display said flag upon, near (or in a conspicuous place within) the public school building during school hours and at such other times as to the said board may seem proper ; and that the necessary funds to defray the expenses to be incurred herein shall be assessed and collected in the same manner as moneys for public school purposes are collected by Penalty. law. And the penalties for neglect of duty provide 1 in section two, chapter fourteen of the general school laws, shall apply to any school officer refusing to comply with the provisions of this act. CHAPTER XXXIII. [Act No. 181, Public Acts of 1897.] Course for district schools. Admission to freshman class. Duties of secretary. AGRICULTURAL COLLEGE COURSE. SECTION 1. The People of the State of Michigan enact, That the Superintendent of Public Instruction shall prepare for dis- trict schools a course of study, comprising the branches now required for third grade certificates, which shall be known and designated "The Agricultural College course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate, duly signed by the county com- missioner of schools, pupils shall be admitted to the freshman class of the Agricultural College without further examina- tion. It shall be the duty of the secretary of the Agricultural College each year to send to each rural school district in the State a college catalogue, and upon application to furnish to such schools such other information as may be desired rela- tive to said college. Such catalogue and other information shall be kept in each school for reference. GENERAL SCHOOL LAWS. 87 NOTE. APPORTIONMENT OF SURPLUS DOG TAX TO SCHOOL DISTRICT. Under the provisions of act No. 198, public acts of 1877, as amended by act No. 283 of the public acts of 1881, it is required that in all the town- ships and cities of the State there shall annually be levied and collected a tax of one dollar upon every male dog and of three dollars upon every female dog. The money thus obtained is to constitute a fund in the several townships and cities for the payment of damages sustained by owners of sheep by reason of having such sheep killed or wounded by dogs. Section six of the law referred to provides that, " If money remains of such fund after satisfactory payment of all claims aforesaid in any one year, over and above the sum of one hundred dollars, it shall be appor- tioned among the several school districts of such township or city in pro- portion to the number of children therein of school age." The apportion- ment must be based upon the whole number of children of school age re- siding 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 belonging 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 district in the same way as in the case of the one-mill and other taxes. Act 141 of the Public Acts of 1891 repeals Act number 214, Public Acts of 1889, providing that, if in any city and any township or part of town- ship adjoining thereto (the same being within one county) any money remains in the fund for payment of losses by killing of sheep by dogs " after the payment of the orders payable out of the same, and the amount of said money shall exceed the sum of two hundred dollars, the sum in excess of two hundred dollars shall be apportioned by said county treas- urer to the said township, or part of township, and said city, in propor- tion to the amount contributed to said fund during the preceding year; and the amount so apportioned to any said township, or part of township or said city, shall be respectively apportioned among the several school districts of said township, or part of township, and said city, in proportion to the number of children therein of school age." The distribution of the surplus will hereafter be made in accordance with the provisions of section 6 of Act No. 198, Public Acts of 1877; as amended by Act No. 283 of the Public Acts of 1881. APPENDIX A. DIGEST OF DECISIONS OF THE SUPREME COURT. TOWNSHIP BOARD OF SCHOOL INSPECTORS. fll. The statutory notice of meetings by inspectors must be given, stat- ing the object of the meeting; and no business at a meeting inconsistent with the notice is lawful. [ Passage v. School Inspectors of Williams- town, 19 Mich., 330. fl2. The township board of school inspectors have no power to dissqlve a school district erected by special act of the legislature, and to set back the territory into the districts from which it was taken. [ School Dis- trict v. Dean, 17 Mich., 223. 1J3. On the erection and organization of a new township, the inspect- ors of such township may sever its territory from the school district within which it was formerly embraced ; and there is no general provision of law which charges the property within the new township with the obligation to pay any debts created for school purposes which existed at the time of the erection of the new township. [ School District No. 1 of Portage v. Ryan, 19 Mich., 203. ff4. Mandamus will not be granted to disturb an apportionment made by the township board of school inspectors between different districts, acquiesced in for several years and which, if the court could change it, has no proof that it ought to. [ School District No. 3 of Riverside Town- ship v. the Township of Riverside, 67 Mich., 404. II. APPEALS FROM ACTION OF SCHOOL INSPECTORS. If 5. Under the statute providing for appeals from the board of school inspectors to the township board, the approval of the appeal bond is essential to complete an appeal ; and the fact that the bond was presented to the clerk of the board of inspectors, who refused to approve it because it was not witnessed, even though the objection be a frivolous one made DIGEST OF DECISIONS. 89 in bad faith and for vexation, will not render the bond sufficient without an approval, since, under the statute, it may be approved also by any jus- tice of the township. [ Clement v. Everest, 29 Mich., 19. If 6. The validity of the action of school inspectors in changing the boundaries of school districts, is not affected by the fact that the inspect- ors were interested parties as taxpayers and residents; the disabling doctrine has no application to those administrative acts which are public and not with or between private parties. [ Ibid. J[7. The regularity of the action of school inspectors in creating or changing school districts, will not be enquired into in a collateral proceed- ing; their action is the exercise of a public discretionary power which can only be reviewed, if at all, by some direct appellate process authorized by law and operating upon the proceedings themselves to affirm, reverse, or change them. [ Ibid. J[8. Parties appealing under the statute from the action of school in- spectors in arranging school districts, to the township board, thereby waive those questions which require judicial review and submit them- selves to the discretion of that body; and a ccrtiorari to the township board does not open for review the doings of the inspectors. [ Brody v. Township Board of Penn., 32 Mich., 272. 1(9. It was never intended that a court should exercise any of these powers of discretionary administration; and when, on such appeal, the tow r nship board acted within its jurisdiction, its discretion cannot be reviewed by the courts; and if it did not, and its acts were void, then under the statute the action of the inspectors, after ten days, is equally intact and beyond disturbance. [ Ibid. fllO. Where, however, the township board acting without authority, reverses the action of the inspectors, their doings may be overturned ; but an order of the board affirming the action of the inspectors, whether properly or improperly, only leaves such action where it would have been without such interference. [ Ibid. fill. A township board has jurisdiction of appeals from decisions of the board of school inspectors, fixing the amount to be paid by an old school district to a new one, where the latter comprises part of the same territory and the former retains the school property. [ School District No. 5 of Pine Township v. Wilcox, 48 Mich., 404. Tfl2. The statute requires that, in case of a proposed alteration of a fractional school district, the notice shall be posted by the clerk of each interested township, and that it shall be posted in each of such townships. Proof of posting such notice should be filed with the clerk of the board before any action is taken. [ Graves v. Joint Board of School Inspectors of Benton and Grant Townships. III. TOWNSHIP BOARDS. 1fl3. An application to a township board to remove the moderator of a school district, on the ground that he persistently refuses to countersign an order drawn by the director of the district on the assessor, involves an 12 90 APPENDIX A. inquiry in which the payee named in the order is an interested party. [ Stockwell v. Township Board of White Lake, 22 Mich., 341. 1fl4. A proceeding before the township board to remove an officer of a school district, is in the nature of a judicial investigation; and when one of the board is interested in the subject of the complaint and the presence of such member is essential to the quorum, the proceedings are void. [ Ibid. ffl5. When either of the members of the township board is interested in the subject for consideration, he is not " competent or able to act," in the sense of the statute; and such incompetency will justify the calling in of one of the remaining justices. [ Ibid. If 16. Every special tribunal appointed by law is subject to the maxim that no person can sit in any cause in which he is a party or in which he is interested. [ Ibid. Ifl7. The removal of a school district assessor by the township board is reviewable on certiorari. [ Merrick v. Township Board, 41 Mich., 630. 1fl8. Costs awarded by the supreme court in a proceeding by certiorari against persons composing a township board, to review their official acts, are to be collected like township charges and not by execution against the officers personally. [ Stockwell v. Township Board of White Lake, 22 Mich., 341. fl!9. Proceedings by a township board to remove a school director are not invalidated by the fact that it did not meet to agree on the notice under which the proceedings were taken. [ Wenzell v. Township Board of Dorr, 49 Mich., 25. fi20. The primary school law does not authorize the township board to remove the moderator for hiring her husband to teach the district school and agreeing to pay him more than is necessary to secure a better teacher. [ Hazen v. Town Board of Akron, 48 Mich., 188. Tf21. In providing that the school director shall keep the necessary schoolhouse furniture in due order and condition, and that his expenses shall be subsequently audited and paid, it is not intended that money must be put into his hands beforehand. [Township Board of Ham- tramck v. Holihan, 46 Mich., 127. ff22. The township board is exclusive judge of the facts on which it is authorized to remove a school director, and its proceedings can only be reviewed by the circuit and supreme courts, on questions of law. [ Ibid. fl23. Proceedings by a township board to remove a school director can- not properly be taken until the action of the proper authorities has been invoked by complaint of some definite violation of duty; but where the plaintiff admits the charges set up against him and expressly desires the board to act on them without further delay, he cannot afterwards com- plain that they did so. [ Geddes v. Township of Thomastow T n, 46 Mich., 316. fl24. The action of a township board in removing a school director is final, unless speedily brought up for review. [ Ibid. 1f25. The wilful refusal of a school director to sign a contract made with a teacher, or to accept and file it, or draw orders for the teacher's pay while it is pending, and his obstinate neglect to furnish necessary schoolhouse supplies, may be taken into account in proceedings for his removal. [ Ibid. DIGEST OF DECISIONS. 91 IV. ORGANIZATION OF SCHOOL DISTRICTS. p6. There should be some special and extraordinary reason to justify interference by quo warranto with the organization of a school district, as the statutes provide a speedier remedy by an appeal from the inspect- ors to the township board. [ Lord v. Every, 338 Mich., 405. 1J27. When a school district has enjoyed its franchises for five years, during most of which time proceedings to enquire into the validity of the organization had been pending by quo warranto and writ of error, instead of the speedier statutory process of appeal, the supreme court declined to review its organization on technicalities. [ Ibid. 1J28. The legal organization of a school district actually exercising its corporate powers cannot be collaterally questioned in contesting a title based on a school tax. [ Stockle et al. v. Silsbee, 41 Mich., 615. fl29. A certiorari to review proceedings whereby a new school district has been created out of old districts, must be applied for before the dis- trict has been organized and assumed the functions of a corporation; after that time the proper course is to take measures to try the legality of its corporate existence by quo warranto, or other direct proceeding against the alleged corporation or its officers. [Fractional School District No. 1 of Owosso, etc., v. School Inspectors of Owosso, etc., 27 Mich., 3. fl30. Certiorari addressed to the assessor of a school district is wholly unsuited as a remedy to test the legal organization and existence of the district, as the errors, if any there are, lie back of any action of the as- sessor -and are to be found in the action of the township authorities. [ Jaquith v. Hale, 31 Mich., 430. j[31. It has always been the policy of the Michigan school laws that no primary school district should contain more than nine sections of land. [ Simpkins et al. v. School District No. 1 of Michigamme et al., 45 Mich., 559. P2. Township school inspectors cannot enlarge a graded school dis- trict by adding unorganized territory, though they may, with the consent of the trustees, transfer to its jurisdiction territory previously organized into primary districts. [ Ibid. fl33. Injunction lies to restrain the sale for school taxes, of lands un- lawfully included within the taxing district. [ Ibid. fl34. A writ of certiorari to bring up proceedings for the formation of a school district will not be sustained, if, after its issue and without good reason, it has been allowed to sleep until the organization has been com- pleted, a tax voted, and contract made for building a schoolhouse, and interests established which cannot be overturned without public inconve- nience and injury and individual damage. [ Parman v. Board of School Inspectors, 49 Mich., 63. Tf35. Where certiorari issues to bring up proceedings for the forma- tion of a school district, the papers on which, it was allowed must be served with it. [ Ibid. 92 APPENDIX A. 1J36. Where there has been actual notice of proposed proceedings by joint boards for the formation of a new school district out of several old ones, mere informalities in the issue of such notice are not jurisdictional defects, nor is the fact that it covers territory not actually taken. [ Ibid. fl37. The statutory requirement for notice of the meeting of a town- ship board of school inspectors to alter the boundaries of a school district, is jurisdictional; and proof of posting of such notice should be filed with the clerk of the board, before any action is taken. [ Coulter et al. v. Board of School Inspectors of Grant and Arthur Townships, 59 Mich., 391. 1J38. In the absence of the consent of the owners of lands which have been taxed for building a schoolhouse, within three years last preceding the date of their proposed transfer to another district, such transfer is illegal; and the fact that the detached territory was not at the same time attached to another district will not legalize such transfer. [ Ibid. If 39. The statutory requirement for notice of the meeting of a township board of school inspectors to alter the boundaries of a district, is jurisdic- tional; and until such notice has been given and proof of posting made, as required by law, the inspectors have no power to act. [ Fractional School District No. 3 of Martin, Watson, and Wayland Townships v. Boards of School Inspectors of said Townships, 63 Mich., 611. ff40. Where a de facto school district has exercised its franchises and privileges for over two years, it is presumed to have been legally organ- ized, and it is too late to litigate that question in law or equity. [School District No. 3 of Everett Township v. School District No. 1 of Wilcox Township, 63 Mich., 51. If 41. The statutory provision requiring the town clerk to give notice of every meeting of the board of school inspectors of his township exist- ing prior to the 1881 amendment, was imperative, and the apportionment by the inspectors of the valuation of school property on the formation of a new district, at a meeting held without such notice, was void; and a bill in equity will lie in the name of the old district to enjoin the assess- ment and collection of a tax to satisfy the amount so apportioned as its share of such valuation. [ Ibid. fl42. A township board of school inspectors may, under one notice and at one meeting, by separate action, detach lands from separate school dis- tricts and attach them to one district. [ Doxey v. The Township Board of School Inspectors of Martin Township, 67 Mich., 601. If 43. Where the action of a board of school inspectors in detaching ter- ritory from a district without the consent of a majority of the resident tax- payers and attaching it to another district, left land enough in the former for school purposes, they may afterwards consolidate such remaining ter- ritory, with the consent of its remaining taxpayers, with any other dis- trict which gives a like consent. [ Ibid. Tf44. At a school meeting to vote on the question of dissolving the dis- trict, 18 votes were cast in favor of the proposition and 9 against it. Every person present who possessed the qualifications of a voter at any school meeting w r as allowed to vote, without reference to sex, or whether or not he or she was a resident taxpayer. Ten or more persons w r ho were not resident taxpayers voted, and some of the legal taxpayers did not vote, DIGEST OF DECISIONS. 93 and some were not present. Held, that the consent of a majority of the resident taxpayers had not been obtained as required by Howell's Stat- utes, 5041. [Briggs v. Borden et al. School Inspectors, 38 N. W. Rep., 712. fl45. A bill will lie, at the suit of a resident taxpayer, to restrain the board of school inspectors from selling a schoolhouse and site, furniture, etc., under color of a void attempt to dissolve the district to which such schoolhouse, etc., belongs. [ Ibid. ff46. Under HowelPs Statutes 5041 providing that school districts cannot be divided or consolidated without the consent of a majority of the resident taxpayers of each district, a return by the board of school in- spectors stating that the persons consenting are a majority of the resident taxpayers of the districts, is conclusive as to such fact, though the consent filed by the districts does not state that the persons are a majority. [Gentle v. Board of School Inspectors of Golf ax Township, 40 N. W. Rep., 928. 1J47. Proceedings for organizing a new school district, taken without giving the full ten days' notice required by HowelPs Statutes 5040, are not rendered valid by filing of a consent by a majority of the citizens of each district affected, such consent being required by 5041, as the notice is a jurisdictional requirement and the minority have a right to be heard and a right to the full notice required. [ Ibid. Tf48. Quo warranto is the proper remedy to determine the legal exist- ence of a school district, and the right of particular persons to exercise the offices of moderator, assessor, and director. [ People ex rel., Roser et al., v. Gartland Moderator et al., 42 N. W. Rep., 687. fl49. Under HowelPs Statutes 5033 providing that no school district shall contain more than nine sections of land, a district containing five full sections and eight fractional sections, the whole not exceeding in quantity of land nine full sections, is legal. [ Ibid. 1J50. The statutory provision concerning the election of school district officers by ballot is mandatory; but where such officers have been unani- mously elected by vive voce vote at a regular meeting, no other persons claim to have been elected, and they are qualified and are acting, they will not be ousted by quo warranto. [ Ibid. V. DISTRICT MONEYS, WARRANTS AND ORDERS. 1J51. An action for money had and received will lie in favor of a school district to recover district moneys received by its assessor, and which after expiration of his term of office he refuses on demand to pay over to his successor, and an action upon the assessor's bond is not the exclusive remedy; the bond is required as additional security, but it does not super- sede the officer's individual responsibility. [ Mason v. Fractional School District No. 1 of Scio and Webster, 34 Mich., 228. fl52. An assessor cannot lawfully withhold the district funds in his hands, when the same are properly demanded by his successor a fort- 94 APPENDIX A. night after the latter has been regularly elected and has accepted and qualified, upon any claim that he is entitled to be first personally notified officially of such election and acceptance; he is chargeable with notice of these facts without any personal certification thereof. [ Ibid. 1J53. An official treasurer cannot defend an action to make him turn over to his successor the funds in his official custody, upon any questions of the regularity of the proceedings whereby the funds came into his possession. [ Ibid. ff54. The assessor of a school district is the lawful treasurer and de- pository of school district funds, and all moneys must pass through his hands and be paid out by him on proper orders. [School District No. 9 of Midland v. School District No. 5 of Midland, 40 Mich., 551. fl55. A showing of a want of funds is a complete answer to an applica- tion for mandamus to require an assessor of a school district to pay an order drawn on him in favor of a school teacher. [Allen v. Frink, 32 Mich., 96. fl56. It is not necessarily the duty of the moderator of a school district to countersign an order upon the assessor drawn by the director. He has a right to satisfy himself that the claim for which it was drawn is a valid one, and that it was drawn by the director in the proper performance of his duty. [ Stockwell v. Township Board of White Lake, 22 Mich., 341. Tf57. The disbursement of all school moneys is required by the statute to be made by orders drawn on the assessor by the director and counter- signed by the moderator; and all moneys belonging to the district in the town treasurer's hands are required to be paid to the assessor on war- rants drawn by the director and countersigned by the moderator. The assessor is made treasurer of the district, and required to hold all dis- trict moneys until properly drawn out by warrant. It is made the ex- press duty of the director to draw and sign warrants upon the township treasurer, payable to the assessor, for all moneys raised for district pur- poses or apportioned to the district by the township clerk, and present them to the moderator to be signed ; and it is made the duty of the modera- tor to countersign such warrants. [ Burns v. Bender, 36 Mich., 195. 1f58. District moneys in the hands of the township treasurer are not subject to be applied to any district purpose, except through the hands of the assessor. And the duty of suing to thus transfer them into the custody of the assessor, if qualified, is laid on the director; and the duty of procuring this transfer within some reasonable time is not discretion- ary, but absolute. The moderator is bound under ordinary circumstances to countersign all orders of the director for that purpose; and if he refuses in a proper case to do so, mandamus will lie to compel him. [ Ibid. Tf59. The statute making it the duty of the director to present the warrant to the moderator for signature, he may properly be a relator to obtain it by compulsion of law, when refused. He is the proper custo- dian of the completed warrant, for the purpose of delivery to the assessor. [ Ibid. 1J60. The query is suggested, whether the assessor would not also be a competent relator. [ Ibid. DIGEST OF DECISIONS. 95 If 61. The town treasurer has no authority to make payments of dis- trict moneys, even to the assessor, except upon the warrant prescribed by statute; and no payment not authorized by warrant is a valid official pay- ment, such as to preclude the district from holding him responsible for moneys lawfully in his hands. Payments made otherwise than in the prescribed mode, are made in his own wrong and cannot diminish the fund for which he is responsible. [ Ibid. If 62. Respondent occupying the double position of moderator and town treasurer, is not thereby authorized to set up his previous illegal dis- bursements of the district moneys as treasurer as an excuse for not doing his duty as moderator; his double functions will not relieve him in one capacity from doing his duty in another. [ Ibid. Tf63. Warrants drawn by the officers of school districts upon the town- ship treasurer for school moneys are not negotiable, and the treasurer is under no obligation to pay them except to the district assessor. [Fox v. Shipman, 19 Mich., 218. 1f64. An order drawn upon the township treasurer by the director and countersigned by the moderator of a school district, payable to A, or bearer, is void upon its face. The director has no power to draw any order on the township treasurer for any money of the district in his hands, payable to any one but the district assessor, who is the disbursing officer of the district. [ Fractional School District No. 4 of Macomb and Chesterfield v. Mallary, 23 Mich., 111. fl65. The statute expressly requiring the township treasurer to pay the amount of taxes raised for school purposes to the order of the school dis- trict officers, his liability therefor is distinct from his ordinary liability for township moneys, and cannot be released or in any way affected by the action of the township board. [Jones v. Wright, 34 Mich., 371. If 66. A township treasurer has no right to receive for school moneys anything which the law has not authorized to be so received, and if he chooses to do so and to receipt for the taxes, he must make good the amount. [Ibid. Tf67. A town treasurer can pay school moneys only to the school dis- trict assessor, and then only on the warrant of the proper district officers. [School District No. 9 of Midland v. School District No. 5 of Midland, 40 Mich., 551. , fl68. A school district at an annual meeting may lawfully recognize and pay equitable claims, even though they are not strictly legal demands, against it. [Stockdale v. School District No. 2 of Way land et al., 47 Mich., 226. If 69. 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. [Ibid. 1f70. A corporate act which can only be taken by a two-thirds vote, cannot be rescinded by a bare majority. [Ibid. If 71. School orders, payable to bearer, when sold without endorsement at a discount, and it not appearing that the vender was asked or made any representations as to their character or consideration, it was held that in the absence of false representations or of fraud, the purchasers took them for what they were worth and had no cause of action against the vendor. [White et al. v. Robinson, 50 Mich., 73. 96 APPENDIX A. A mandamus will lie to compel a township treasurer to pay to the assessor of a school district so much of the money in his hands as is cov- ered by the warrant of the director of the district, drawn in favor of the assessor and in proper form, even though it does not specify a precise sum, but is for all such money in his hands as w T as raised for the purposes of the school district and belonged thereto. [Bryant v. Moore, 50 Mich. r 225. If73. The custodian of public funds is bound to make payments on a proper warrant to the extent of the moneys lawfully in his hands and cannot refuse on the ground that his right to the custody of the remain- der is disputed. [Ibid. 1J74.' Mandamus to compel the payment of money may be granted so far as concerns a portion of the demand, while as to the rest the appli- cation is dismissed. [Ibid. 1J75. When the moderator and assessor of a school district are sued upon an order signed by them, a finding that it was signed on a false and fraudulent statement that the school director approved and would sign it, and on condition that it should be of no force unless he did sign it, and the farther finding that there was no purpose to contract except for the district, defeats an action thereon in the absence of any showing of subse- quent action creating contract relations, or of any action by defendants taken with the knowledge of the facts and estopping them personally. [Kane v. Stowe, 50 Mich., 317. -If 76. Mandamus to compel a school district assessor to pay a school order was allowed where the court was satisfied there was no valid defense. [Martin v. Tripp, 51 Mich., 184. Tf77. Interest from the time of demand may be allowed in granting mandamus for the payment of a school order, when it is such a settled demand as would sustain a recovery of interest at law. [Ibid. fl78. Mandamus will lie on relation of a school district assessor to compel the clerk of a township to which the district formerly belonged, to certify to the supervisor of the township to which it now belongs, the amount ascertained by the school inspectors as due to the new district from what remained of the old district out of which it was erected. [Ramsey v. Clerk of Everett Township, 52 Mich., 344. If 79. A town treasurer refusing to pay a warrant drawn in favor of the assessor, whose official character is not questioned, on the ground that the moderator, who has been recognized as such by the other district officers, is not a legal officer, assumes a serious responsibility. The court issued a mandamus requiring the town treasurer to pay the order. [School District No. 8 of Tallmadge Township v. Root, Town Treasurer, 61 Mich., 373. VI. TEACHEKS' CONTRACTS AND CERTIFICATES. Tf80. When a contract for hiring a teacher has been signed by the director of the school district and by the teacher, and the moderator writes upon it "approved," and subscribes it as moderator, such approval and signature will be treated as in legal effect a signature of the contract DIGEST OF DECISIONS. by such moderator. [Everett v. Fractional School District No. 2 of annon, 30 Mich., 249. fl81. The provision of the statute that the contract for hiring a school teacher shall require the teacher to keep a correct list of 'the pupils and the age of each attending the school, etc., imposes the duty upon the teacher of keeping such list; and this becomes in legal effect a part of his contract, whether the written contract expressly stipulates for it or not. [Ibid. JJ82. The provision of the statute requiring the keeping of a list of pupils, etc., to be inserted in the contract is merely directory and does not render invalid a contract from which such requirement has been omitted, provided it be good in other respects and entered into in good faith. [Ibid. fl83. A school district is a municipal corporation and cannot be gar- nisheed, even by its own consent, unless the debtor also consents. [School District No. 4 of Marathon v. Gage, 39 Mich., 484. fl84. It is against public policy to allow the wages of persons in public employments to be reached by garnishment. [Ibid. 1J85. School management should always conform to those decent usages which recognize the propriety of omitting to hold public exercises on recognized holidaj^s; and it is not lawful to impose forfeitures or deductions for such proper suspension of labor. All contracts for teaching during periods mentioned must be construed of necessity as subject to such days of vacation, and there can be no penalty laid upon such observ- ances, in the way of forfeitures or reductions of wages. [School Dis- trict No. 4 of Marathon v. Gage, 39 Mich., 484. [NOTE. The legal holi- days established by statute are New Year's day (January 1), Washing- ton's birthday (February 22), Decoration day (May 30), Independence day (July 4), Labor day (first Monday in September), Christmas day (December 25), and any day appointed by the president or governor as a day of fasting and prayer or of general thanksgiving. Whenever a legal holiday falls on Sunday, the Monday next succeeding is to be observed instead. [Act No. 124, Laws of 1865, as amended bv act No. 163, Laws of 1875, and by act No. 208, Laws of 1881. 1J86. If a teacher is employed for a definite time, and, during the period of his employment, the district officers close the schools on account of the prevalence of contagious diseases, and keep them closed for a time, and the teacher continues ready to perform his contract, he is entitled to full wages during such period. The act of God is not an excuse for non-performance of a contract, unless it renders performance impossible; if it merely makes it difficult and inexpedient, it is not suf- ficient. Although under such circumstances it is eminently prudent to dismiss school, yet this affords no reason why the misfortune of the district should be visited upon the teacher. [Dewey v. Union School District of Alpena, 43 Mich., 480. fl87. The statute empowers the board of trustees of a graded school district to employ all teachers necessary, and what teachers are neces- sary is left to be decided by the sound discretion of the trustees. The making of a contract with a teacher is within the authority of the board of trustees, and, when made, neither of the trustees nor the voters at an 13 98 APPENDIX A. annual meeting have power to impair its obligation. [Tappan v. School District No. 1 of Carrollton, 44 Mich.. 500. 1f88. In a suit by a teacher on a contract, the plaintiff is not bound to produce the contract as proof of her certificate of qualification, and it is not error to allow her to give parol proof that she has one. [School Dis- trict No. 1 of Manistee Township v. Cook, 47 Mich., 112. If 89. In an action by a teacher on a contract, where it was alleged as error that the contract was allowed in evidence without proof that those who acted for the school district in making it were not authorized, it was held that this allegation did not sufficiently present the objection that the officers of the district were not competent to bind it by a contract extend- ing beyond the current year, especially as there was evidence that the officers were in possession and presumptively competent, and there was no evidence that they were not authorized to employ teachers. [Ibid. 1f90. A school teacher cannot be lawfully employed, excepting at a meeting of the board. [Hazen v. Lerche, 47 Mich., 626. 1f9l. A contract with a teacher, if signed by a majority of the board, is presumptively valid on its face and admissible in evidence without further proof. The payment by the assessor without objection, of orders drawn on him by the director and moderator for salary of teacher, estops the district from denying validity of contract under which such services were rendered, and amounts to a ratification of the contract; and direct proceedings by the district board are not essential to such ratification. [Crane v. School District No. 6 of Bennington Township, 61 Mich., 299. jf92. A teacher's contract is sufficiently executed, if signed by the director and assessor. Simultaneous signing is not necessary. [Hollo- way v. School District No. 9 of Ogden Township, 62 Mich., 153. If 93. School district officers should know under what authority a teacher assumes to act, and cannot by failing to hold meetings, set up their own wrong as a defense to an honest claim. A contract signed by the required number of officers, under which the teacher is permitted to teach, with knowledge of the entire board, will be presumed valid. A contract valid on its face and fully performed, with acquiescence of all concerned, cannot be repudiated. [Ibid. fl94. Although Howell's Statutes, 4969, declares that a certificate from the State Normal School shall serve as a certificate of legal quali- fication to teach when filed in the county, city, township, or district; failure to file it until after making a contract to teach is no defense to an action for salary earned after it was filed. [Smith v. School District No. 2 of Pleasant Plains, 39 N. W. Rep., 567. Tf95. The general policy of the school law is that schools shall be taught by qualified teachers, but necessities may arise where this cannot be done. A district may be unable to find a qualified teacher. Where the employment of an unqualified teacher is a necessity, the school district is authorized to employ one who has not the proper certificate, if the school board are satisfied that the teacher is otherwise qualified, and to pay such teacher out of the moneys belonging to the district. But the primary school moneys and mill tax cannot be applied to that purpose. [State ex rel. Hale v. Risley, Moderator, 37 N. W. Rep., 570. fl96. Under Howell's Statutes, 5154, which provides that the secre- tary of the board of school examiners shall have power to grant special DIGEST OF DECISIONS. 99 certificates of qualification to teachers which shall not continue in force beyond the next public examination by the board, the secretary has no power four days after such examination, to grant a special certificate to a person who had been teaching under a special certificate granted by the secretary, but who failed to pass the public examination. [Lee v. School District No. 2 of Alcona Township, 38 N. W. Rep., 867. K97. The fact that a third person, at a public examination of teachers, acted with a majority of the board of examiners in conducting the exam- ination, does not invalidate the proceedings; and a person who failed to pass cannot complain where it does not appear that such third person had anything to do with her failure to get a certificate. [Ibid. K98. How. Stat, Sec. 5065, provides that no contract with any person not holding a legal certificate of qualification then authorizing such person to teach, shall be valid. The question here presented is not at all analogous to that before the court in Crane v. School District, 61 Mich. r 299, or in Holloway v. School District, 62 Mich., 153, where the question related to the informality in the execution of the contract. But the alleged contract in the case was, under the facts as they existed, pro- hibited by law and cannot be made the basis of a recovery. [Goose River Bank v. School Township, 44 N. W. Rep., 1002; Hosmer v. School District, 59 N. W. Rep., 1035; Will R. Bryan v. Fractional District No. 1 of the Townships of Shelby and Sterling. VII. LIABILITIES OF DISTRICTS. K99. The director of a school district is not legally entitled to com- msation from the district for his services. [Hinman v. School District To. 1, 4- Mich., 168. [NOTE. The law is since changed so as to authorize )mpensation to be voted by the district. General School Laws of 1889 r 27.] fllOO. Where two districts are united under the statute, the new dis- trict is alone liable for all the former debts of each; and a judgment afterwards rendered against one of the former districts is a nullity. [Brewer v. Palmer, 13 Mich., 104. fllOl. Charts or cards containing the multiplication table, practical forms of business contracts, and also brief mention of prominent histor- ical events, and designed for use in school rooms, are held not to be necessary appendages for the schoolhouse, within the meaning of the statute, such as the director is required to provide. [Gibson v. School District No. 5 of Vevay, 36 Mich., 404. 1(102. There was no such necessity for the purchase of these charts as would bring the case within the principles of School District v. Snell (see P03), 24 Mich., 350. [Ibid. 1(103. The purchase of these charts by the director, without instruc- tion from the district board, being unauthorized and void as to the dis- trict, his retention of them, and occasionally placing them in the school- 100 APPENDIX A. house, could not operate as a ratification by the district of his unauthor- ized purchase. [Ibid. 1[104. Orders due from one district to another are not enforceable by mandamus at the suit of one to whom they have been assigned. [Maltz v. Board of Education, 41 Mich., 547. fll05. Where the officers of a school district purchased for the dis- trict a set of bound books and some blanks, suitable for the purposes of the district, at their fair value, and while the district was not properly supplied with such material, in the absence of any showing that the dis- cretion of such officers was abused or exceeded, the district is liable. [School District No. 4 of Easton v. Snell, 24 Mich., 350. 1J106. One school district that has wrongfully received money belong- ing to another cannot in an action by the latter to recover it, require any strict proof of the regularity of the proceedings authorizing it to be col- lected. [School District No. 9 of Midland v. School District No. 5 of Midland, 40 Mich., 551. 1J107. Where a school district is parceled out among three other existing districts, the latter cannot be held jointly liable for a debt of the former district; whatever they are bound to pay must be a several, and not a joint obligation. [Halbert v. School Dists., 36 Mich., 421. 1J108. The statute having confided the management of suits brought against a school district to the a'ssessor when no other direction has been given by the voters 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; the control of suits is not among the powers or duties confined by the statutes to the district board. [School District No. 4 of Rush v. Wing, 30 Mich., 351. ffl09. The suggestion that the action of the assessor in this case was such as to be evidence of an adverse interest is disregarded, such a sug- gestion might be made in any case where the assessor had refused to yield his legal authority to another. [Ibid. TfllO. A judgment for costs against the district on the dismissal of an appeal taken in the name of the district by the director, without the authority or assent of the assessor, on the ground that the district had not appealed, is held to be erroneous. [Ibid. fllll. Costs are not awarded against the school district in this court, on a writ of error brought without authority of the assessor, to review such dismissal. [Ibid. 1J112. A mandamus will lie to compel a school district to pay orders Issued by it, even though the district has since been subdivided, where statutory provision for distributing the original liability has not been carried out. [Turnbull v. Board of Education, 45 Mich., 496. fill3. Interest upon orders issued by a school district is denied upon granting a mandamus to compel their payment, if no authority has been given to impose it. [Ibid. 1fll4. Under a contract to teach "for ensuing year," which contract contained the following clause: "Said board reserving to itself the right to discharge said teacher at any time whenever it may desire to terminate this contract, upon one week's written notice to said teacher by its committee on teachers and text-books," the refusal of the board to give the teacher employment at the opening of school was DIGEST OF DECISIONS. 101 equivalent to notice, and entitled him to recover for one week's salary only. [Berry v. Board of Education of East Saginaw. VIII. TUITION OF NON-RESIDENT PUPILS. lf.115. Before any action can be maintained under the statutes,, for the tuition of non-resident pupils, the district board must first fix and deter- mine the rate of tuition of such pupils, and this should be by resolution of the board, properly recorded by the director in the records of the dis- trict; and the fact that such action has been taken; cannot be shown by parol, if objected to. [Thompson v. School Bistrict No. 6 of Crockery, 25 Mich., 483. IX. ADMISSION OF COLORED CHILDREN TO SCHOOL. The amendment to the primary school law of 1867 Laws of 1867, vol. 1, p. 42 [General School Laws of 1889, 45] giving equal rights in the schools to all residents, is applicable to the city of Betroit, and precludes the board of education of that city from excluding a child from any public school on the ground of color. [People v. Board of Education, 18 Mich., 400. X. SCHOOL SITES AND SCHOOLHOUSES. 1J117. Notice of a meeting of the board of school inspectors to change a schoolhouse site is necessary. [Andress v. School Inspectors of Will- iamstown, 19 Mich., 333. (See fll preceding.) 1J118. The board of inspectors have no power to change a schoolhouse site on a written request of a majority of the qualified voters of the dis- trict, except in cases where the site has been fixed by them because the inhabitants were unable to agree upon a site. [Ibid. 1[119. 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. School Bistrict No. 2 of Milton, 40 Mich., 143. |120. In proceedings to condemn land for a schoolhouse site, the cir- cuit judge is not required to act in preference to a circuit court commis- sioner. [Ibid. 11121. When the owner of land that is sought for a schoolhouse site is represented at the proceedings to condemn it, he is deemed to waive objection to jurors, if he does not challenge them at the time. [Ibid. 102 APPENDIX A. fl!22. When the petition, notice, venire, finding, and commissioner's certificate in proceedings to condemn land for a schoolhouse site are regular on their face and show full compliance with statutory require- ments, the proceedings are presumed regular; and if the parties inter- ested were represented and omit, on filing the proceedings, to make a sworn showing to the circuit court of any other defects, such as an omission to designate the site to the jury, they cannot rely on it there- after. [Ibid. p.23. A school district contracting for the building of schoolhouse within a stated time, is bound to furnish a suitable site therefore within such reasonable time that the constructors shall not be delayed on their part. [Todd et al. v. School District No. 1 of Greenwood, 40 Mich., 294. 1J124. Under a contract for the construction of a school building which provides that the work shall be "executed in the best and most workmanlike manner and agreeably to such directions as may be given from time to time" by the architect or his assistant [the local superin- tendent of the work employed by the district] , "and to his full and entire satisfaction without reference thereon to any other person," [it was held] that all claims for alterations or extras were to be judged of, determined, and adjusted "solely by the superintendent/' and that payment should be made on the certificate of the architect or superintendent, partly on monthly estimates, from time to time, and the balance on completion of the building; whatever passed under the inspection of the superintendent as the work progressed, and was in good faith approved by him, expressly or by implication, was not open to objection on the part of the district afterwards; and the certificate of the architect was not a con- dition precedent to the right of the contractor to recover for the work so approved. [Wildey v. Fractional School. District No. 1 of Paw Paw and Antwerp, 25 Mich., 419. ||125. Variances from such a contract which have been treated at the time as immaterial by both parties will not afterwards be held to be departures from the contract ; and what was regarded at the time as sub- stantial compliance with its terms, constitutes a performance in law. [Ibid. j[126. Intentional departures from such contract, made without the consent, express or implied, of the district officers, architect, or superin- tendent and in disregard of their directions, would not bar a recovery for other portions of the work which were duly approved; but the district would have a right to insist on the proper changes in the work to make it conform to the contract, and to recover any damages sustained by the failure. [Ibid. 1J127. The mere fact of taking possession and occupying the building by the district for their schools, after the time when, by the contract, it was to be completed, would not, of itself, constitute an acceptance which should bar any claim on the part of the district to insist upon a rectifica- tion of any faults, or the payment of any damages they may have suffered by the failure in strict compliance; but the fact of maldng payments afterward without objection, the matter of taking possession, and whether with or without objection to any variation, would have an important bearing on the question of fact, whether any rights were inten- tionally waived, or w r hether there was a purpose to accept the building as completed in substantial compliance with the contract. [Ibid. DIGEST OF DECISIONS. 103 1J128. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings [of] taking for the condemnation of a site for a schoolhouse were irregular, and to compel him to enter judgment for the amount found due. [School District No. 5 of the Township of Delhi v. The Circuit Judge for Ingham County, 49 Mich., 432. 1J129. Proceedings to condemn land for a schoolhouse site will be quashed, if there is no lawful designation thereof shown by the records. [Heck v. School District No. 2 of Essex, 49 Mich., 551. fl30. The school law (Act 164 of 1881) permits land to be condemned for school purposes only when a site has been lawfully determined, and it confines the power of the township inspectors to determine the site to cases where the inhabitants themselves cannot do it; and it seems that more than one site cannot be designated except by the inhabitants. [Ibid. 11131. The justice to whom a petition for the condemnation of land for a schoolhouse site is presented, is not empowered to hear evidence or pass on any of the merits. [Ibid. 11132. Where proceedings to condemn land for a schoolhouse site are brought before a jury, proof of a legal selection of a site must be made to them, and without it thev cannot find it to be necessary to condemn it. [Ibid. 1[133. A lease to a school district, to hold the property "during the time it is used for school purposes," is a lease in perpetuity at the will of the lessee; and, as the lessee is a corporation and words of inheritance are not required, the lease, if a present consideration is paid, really operates as a bargain and sale, and conveys a base or determinable fee. This is sufficient to satisfy the provisions of the school law, which requires a title in fee or a lease for ninety-nine years, where land is to be secured for erecting a stone or brick schoolhouse. [School District No. 5 of Delhi v. Everett, 52 Mich., 314. 1(134. After the lapse of a dozen years it is too late to disturb the title to a schoolhouse site by mere questions of regularity in the proceedings to designate it. [Ibid. 1)135. A surety on a bond given to secure the performance of a con- tract for building a schoolhouse, cannot recover of the trustees of the dis- trict for moneys due him for materials furnished in the erection of the building, by reason of their failure to require the contractor to execute the statutory bond provided for by act No. 94, Laws of 1883. [Owen v. Hill et al., 67 Mich., 43. 1J136. Whether such trustees are liable in any event for such neglect of duty, query, Sherwood and Champlin, J. J., holding them so liable, and Campbell, C. J., and Morse, J., reserving their opinion on the sub- ject. [Ibid. XI. GRADED AND HIGH SCHOOLS. 1J137. The right of school authorities in union school districts of this State to levy taxes upon the general public for the support of high schools, and by such taxation to make free the instruction of children in other languages than English, is sustained. [Stuart v. School Dis- trict No. 1 of Kalamazoo, 30 Mich., 69. 104 APPENDIX A. 1(138. A school district which has assumed to possess and exercise all the rights and franchises of a regularly organized corporation for thir- teen years, with entire acquiesence of everybody, is not liable to have the regularity of its organization or of the legislation under which it acted, called in question thereafter, in a merelv private and collateral suit. [Ibid. 1(139. Whether or not the statute of limitations applies in terms to a case where it is not so much the organization of the school district that is questioned as its authority to establish a high school and levy taxes therefor, it is strictly applicable in principle. [Ibid. 1(140. The organization claimed and asserted by the district being that of a union school district, the presumption of organization arising from its user of corporate power must be that of such an organization as its user indicates, and whether or not an acquiescence for the statutory period of two years will raise the presumption of regular organization, one of thirteen years certainly will. [Ibid. 1(141. The State policy of Michigan on the subject of education and of the territory before the State was organized, beginning in 1817 and con- tinuing down until after the adoption of the present constitution, having been reviewed and considered, the conclusion is reached that there is nothing in our State policy or in our constitution or in our laws, restrict- ing the primary school districts of the State in the branches of knowledge which their officers may cause to be taught, or the grade of instruction that may be given, if the voters of the district consent in regular form to bear the expense and raise the taxes for the purpose or to prevent instruc- tion in the classics and living modern languages in these schools. [Ibid. 1(142. The power to make the appointment of a superintendent of schools in a union school district is one that is incident to the full con- trol which by law the district board has over the schools of the district. -[Ibid. 1(143. The decree below dismissing the bill filed in this case to restrain the collection of such portions of the school taxes assessed against the complainants for the year 1872, as has been voted for the support of the high school in the village of Kalamazoo and for the payment of the salary of the superintendent,, is affirmed. [Ibid. 1(144. The board of tustees of a graded school have authority to pur- chase a piano for the purposes of a high school. [Knabe et al. v. The Board of Education of the City of West Bay City, 67 Mich., 262. 1(145. When the law gives the board of trustees powers to prescribe the course of studies, it gives them the authority to provide means to carry the powers into effect. [Ibid. XII. LIBRARY MONEYS. 1(146. The treasurer of the board of school inspectors and not the township treasurer, is the proper custodian of the township library money; and the latter officer, on proper demand, is bound to pay it over to the former and is not entitled to withhold it until it is drawn by the inspectors as needed for specific appropriations; and mandamus will lie DIGEST OF DECISIONS. 105 to enforce the performance of this duty. [McPharlin v. Mahoney, 30 Mich., 100. fl!47. It is a sufficient ground for an application for mandamus to enforce such payment, that the township treasurer, when an order was properly drawn on him by the inspectors for such money, but for an amount slightly in excess of the money in his hands, refused to pay over what he had, not on the ground that the order was too large a sum, but upon the distinct assertion that he was himself the proper custodian of the funds, and was not bound to pay them over, except as they were required by the inspectors for special purposes. [Ibid. [148. Under the constitution and statutes, all moneys which are paid into the office of the county treasurer, on account of fines, penalties, for- feitures, and recognizances, are to be credited to the library fund, and apportioned and paid over by the treasurer to the proper local officers, without any deduction for expenses, either attending the collection of the particular sums paid in or embracing the general criminal expenses of the county. [Board Of Education of Detroit v. Treasurer of Wayne County, 8 Mich., 392, XIII. MISCELLANEOUS t[149. A communication representing that a certain person was of bad moral character and wholly unfit to teach and have the care of a distrkt school, made to a township superintendent by persons interested in a par- ticular school within its jurisdiction, for the sole purpose of preventing the issue to the person so charged of a license to teach the school, is held to be a privileged communication and not actionable. [Wieman v. Mabee. 45 Mich., 484. fllSO. An action will not lie on a communication relating to personal character, if made in good faith and for an honest purpose by persons concerned, and to the proper person. Nor will it lie when such a cony munication is untrue, if it is not maliciously made. [Ibid. fl!51. A school director has authority, in the exercise of a sound discretion, to buy new seats for a schoolhonse under a resolution adopted at the annual meeting of the school district "that the school board fix the schoolhouse ready for the winter term." [McLaren v. Town Board of Akron, 48 Mich., 189. fll52. Act 164 of 1881, in authorizing the removal of a school district officer for illegally using or disposing of any of the public moneys in- trusted to his care, does not cover a charge of conspiring with a woman moderator to hire her husband as teacher and pay him more than was necessary to obtain a good teacher. [Ibid. fll53. If one of two parties claiming the office of moderator obtains a judgment of ouster against co-claimant and is recognized by the director and assessor, he becomes an incumbent of the office de facto and his action will be respected while in office. [School District No. 8 of Tallmade Township v. Root, Town Treasurer, 61 Mich., 373. 14 APPENDIX A. 1J154. The practice of taking "informal ballots" at regular election* has no legal sanction, may mislead voters, and is open to grave abuse an< is so held when indulged in at annual school meeting. [Ibid. 1[155. A line fence around the schoolhouse site is a "necessary appendage" within the meaning of the statute. "Appendages," under the school statutes, include fuel, fences, and necessary outhouses. The duty of the director to provide the same is not confined to the school term; they should be on hand when the school opens. It then becomes his duty to keep the same in repair, as also the schoolhouse. [Creager v. School District No. 9 of Wright Township, 62 Mich., 101. 1)156. Direction for the payment of primary school money apportioned by the Superintendent of Public Instruction as. between districts, if accompanying the apportionment, cannot be altered or modified by the town clerk. [Moiles, Assessor, v. Watson, Treasurer, &c., 60 Mich., 415. 11157. Title of de facto officer will not be tried on application for mandamus. [Ibid. 1fl58. The mother of a child included in the school census of the dis- trict, who had resided therein more than three months and was more than twenty-one years of age, was entitled to vote at a school meeting for school trustees, though the constitution of Michigan limits the right of suffrage to males, as the constitutional qualifications do not apply to officers for which the legislature has the right to provide, among which are school trustees. [Belles v. Burr et al., 43 N. W. Rep., 24. [NOTE. This decision does not apply to cities whose charters provide that school officers shall be voted for on the same ballot with other municipal officers at a general election. See Mudge v. Jones, 59 Mich., 165.] 1J159. A rule by a school board that "pupils who shall in any way deface or injure the school building, outhouses, furniture, maps, or any- thing else belonging to the school, shall be suspended from school until full satisfaction is made," will not be enforced against a boy who acci- dentally breaks a window glass. Such a rule will not be sustained where the act was done merely through carelessness or negligence, but it must be wilful or malicious to warrant suspension from school. [Joseph H. Holrnan v. Trustees of District No. 5, Township of Avon. (Opinion filed Nov. 8, 1889.) 1fl60. It is the duty of the moderator of a school district to counter- sign all proper orders drawn by the director or the district treasurer, and if he refuses to countersign such an order issued in full compliance with the provisions of law, mandamus will lie to compel the performance of such duty. [Montgomery v. State, 53 N. W. Rep., 586. 1)161. A contract of employment of a teacher, entered into on behalf of the district by the director and treasurer, will bind the district, although the moderator w r as not consulted concerning the employment. [Montgomery v. State, 53 N. W. Rep., 568. 11162. There is no reason why the school district should be put to the cost of a suit by reason of the refusal of the assessor to discharge a duty which might be compelled by proper proceedings against him. [Phil- lipps v. School District No. 3, 79 Mich., 170. 1J163. The power to adopt text-books is conferred by law, and cannot be affected by any rule of the board fixing a time for the reconsideration of motions and resolutions. [Jones v. Board of Education, Detroit, 88 Mich., 371. DIGEST OF DECISIONS. 107 HowelPs Statutes, paragraph 3, section 5073, sub. 6, forbids the purchase by a school director of any charts or apparatus for the school without a vote of the district authorizing the same; held, not to allow of any purchase by a director, whether acting singly or with the other direct- ors, unless upon authority of the district. [Western Pub. House v. School District No. 1, Locke, 53 N. W. Rep., 1103. j[165. A notice of a meeting of the board of school inspectors of a township, which is in fact signed by the township clerk, is a valid notice, whether he describes himself as township clerk or as clerk of the board of school inspectors. [McDonough v. Dewey, 82 Mich., 309. |f!66. A notice of the proposed enlargement of a school district by attaching territory taken from two contiguous districts, which gives the exterior boundaries of the district before and after such enlargement, but which fails to name the contiguous districts, is sufficiently definite and certain and shows upon its face that the two districts are to be affected by the proposed action of the inspectors. [McDonough v. Dewey, 82 Mich., 309. Tfl-67. No power is now conferred by statute upon the voters at an annual meeting to determine whether the school should be kept by a male or female teacher. [Cleveland v. Amy, 88 Mich., 377. 1J168. While we are not prepared to say that the board has a right arbitrarily to refuse a certificate to one possessing the proper qualifica- tions, we are prepared to say that, if the board should refuse a certificate through a personal prejudice or a wilful intent to injure an applicant, and deprive him or her of earning a livelihood at teaching, such person would have the same remedy as any other person who was injured by the mal- feasance of a public officer. The matter of selecting or certifying proper and competent teachers in our schools is one of much importance; and, vested as it is, in a board of school examiners who by personal examina- tion are better qualified to survey and consider all the circumstances which should influence one in forming a judgment, we should hesitate to interfere, and will only do so in a case free from doubt and of a gross perversion of duty. [Sturdevant v. School Examiner, Eaton County. If 169. Plaintiff held a certificate which expired one month after he began his school * failed to procure a certificate upon two trials. It was his business to quit; and after such failure neither one nor all of the district officers could continue him in the school and bind the district to pay for his services, as it is shown that there was no difficulty in obtaining qualified teachers in that vicinity. [Devoe v. School Dis- trict No. 3, 77 Mich., 610. If 170. A high school is not a " college " or university within the mean- ing of Public Acts 1891, No. 147, which provides that graduates of such institutions shall be eligible to the office of county commissioner ' of schools. [ People v. Hewlett, 53 N. W. Rep., 1100. fllTl. Under Public Acts of 1891, No. 147, making the holding of a first grade certificate as teacher a qualification for the office of county school commissioner, such certificate issued to one after his election, though dated prior thereto, is insufficient. [ People v. Howlett, 53 N. W. Rep., 1100. ff!72. A first special grade certificate of qualification as teacher can be granted only after the regular public examination provided for by Public 108 APPENDIX A. Acts 1887, No. 226, and Public Acts 1891, No. 14.7. [ People v. Hewlett, 53 N. W. Kep. ? 1100. 1fl73. Where one disqualified under Public Acts 1891, No. 147, to act as county school commissioner, is elected to that office, a judgment of ouster is proper, though there is no opposing claimant for the office. [ People v. Howlett, 53 N. W. Eep., 1100. lf!74. A writ of mandamus should issue to compel a school board to collect unpaid institute fees of teachers before completing a contract for the services of such teachers. [ Hammond v. Board of Education of City of Muskegon. OPESTIO^ OF THE ATTOE^EY GENEBAL. EIGHT OF WOMEN TO VOTE AT SCHOOL ELECTIONS IN CITIES OF THE FOURTH CLASS. (Attorney General of Michigan.) The Hon. Washington Gardner, Secretary of State, Lansing, Mich.: MY DEAR SIR Yours of a recent date received. You ask, "Can women now vote at regular annual elections of school trustees, held in this State, who live in cities incorporated under the provisions of act No. 215 of the public acts of 1895, being 'An act to provide for the incorporation of cities of the fourth class.' " Owing to the importance of this question, and especially from the announcement that has been made public that, owing to somebody's mistake, women residing in these cities were, as the law now reads, unintentionally deprived of the privilege which they have long enjoyed, I have given very careful attention to this matter to determine what, in fact, the law is on the subject. As a result of this exami- nation, I am clearly of the opinion that no such result has been reached, and that the women who are duly qualified, under the general school law, can continue to vote and hold office in exactly the same manner as they did before the adoption of the act in question. The words which have been regarded as sufficient to disfranchise women are found in section 4, chapter 32, on page 489 of said act, and they are as follows : "Every person shall be entitled to vote at such election who is a qualified voter of the State, and qualified by the laws of the State to vote at any election for school officers." These words standing alone and read without reference to the intent of the legis- lature, as gathered from the entire act, are, I confess, somewhat ambiguous, and might lead to the conclusion that women were, in fact, disfranchised. But it is a fundamental principle in the construction of statutes, that the intention embodied and embraced in the statute is the vital thing the very essence of the law. And, while it is true that, where the words are clear, certain and unambiguous, so that the legislative intent is perfectly clear, there is no room for construction; it is always equally true that if from a view of the whole law or from other laws in pari materia the evident intention is different from the literal import of the terms employed to express it in a particular part of the law, that the intention must pre- vail. That, in fact, is the will of the legislature. With this foundation principle in view, we are prepared to address ourselves to the consideration of the sentence above quoted, and inquire what do the words really mean? As has been well said, in determining what a particular provision, clause, or word means, we must proceed as we would with any other composition construe it with reference to the leading idea or purpose of the whole instrument. The whole and every part must be considered; and always the general intent should be kept in view in determining the scope and meaning of any part. This survey and comparison are necessary to ascertain the purpose of the act and to make all the parts harmonious. They ace to be brought into accord, if practicable, and thus, if possible, give a sensible and intelligent effect to each in furtherance of the general design. The words and meaning in one part of an act often lead to and furnish the explanation of the sense of another. And if the comparison of one clause with the rest of the statute makes a certain proposition clear and undoubted, the act must be construed accordingly, so as to make it one consistent whole. And if, after all, as unfortunately it is often the case, this cannot be -done, then, that construction that produces the greatest harmony and the least 110 APPENDIX A. inconsistency is that which must prevail. The intention of the whole act controls the interpretation of any of its parts. And I have no hesitancy whatever in say- ing that the legislative intent, as gathered from the entire act. is perfectly clear, that is that women were to be allowed to vote at school meetings in the future as they had in the past. In other words, that there was no intention on the part of the legislature to disfranchise women. In the first place, there is not a word, either in the act itself or in its title, that indicates the legislature intended to repeal act No. 164 of the public acts of 1881, which conferred upon women of certain classes the right to vote at annual school elections. But, on the contrary, this act was under consideration during the ses- sion of the legislature last winter, and section 17 of chapter 2 of said act, which gives this power to women, was amended, in certain particulars, but in no way as it affects the right of women to vote; which has been judiciously determined to be constitutional (see Belles v. Burr, 76 Mich. 1), and which privilege they have enjoyed for more than thirteen years. In 'other words, the legislature, instead of repealing the law granting this privilege to women, reconsidered it and readopted it, and declared that that which had been should continue to be the law of this State. This being the case, it is absurd that the legislature should immediately thereafter turn about and deny to women who happen to live in certain named cities the privilege which they freely gave to all other women of the 'State. The anomaly of a woman twenty-one years of age who is a citizen of the State and owning property assessed for school taxes, or who is the mother of children ir eluded in the school census, being permitted to vote in one city, and another woman possessing the same qualifications being denied this privilege because she happened to live in a city of the fourth class, which includes all cities not exceeding 10,000 population according to the last preceding federal or State census, is one which cannot be tolerated, unless the intention of the legislature to create this anomaly was absolutely certain. But I am glad to say that it is perfectly clear that the legislature had no such intention. Again, that it is perfectly clear that the legislature intended to give women the privilege of voting at these school elections is found in this, that a careful dis- tinction is made in pointing out who shall be qualified electors at elections held in the city other than for school purposes. On page four of said act it is expressly stated that "only those shall be electors" therein "who have the qualifications prescribed in the constitution of this State." And throughout the entire act, whenever the subject of elections is considered, the word "electors" is in this sense used. But, when we come to chapter 32 of the act, which is entirely taken up with the one subject, "education," we find that the wording is entirely different, i. e., that instead of men and men only being electors, in this chapter, the lan- guage is used with reference to the fact that both men and women are entitled to vote at school elections; and that there should be no doubt about this, the legis- lature used the words in question and now under consideration. They had said before that only men should vote, but when it comes to school elections they say, "J2very person shall be entitled to vote at such elections who are qualified by the laws of the State to vote at any election for school officers." The preceding clause, "who is a qualified voter of the city" may have been used for this purpose; that whereas, under the general school law "a residence of three months next preceding any school meeting" was required, that this would not be required of voters living in the cities of the fourth class; but that it will be sufficient if he or she shall have resided in the ward or election district where he offers to vote for twenty days next preceding the general election." And, in my opinion, this was the purpose for which these words were used. But, be that as it may, applying the rule that that construction which produces the greatest harmony and the least inconsistency should prevail, 1 have no hesitancy in saying that women who possess the qualifications named in the general school law shall continue in the future as in the past, to enjoy the privilege which they have enjoyed for a long time; viz., to vote at jail school meetings. And from what I have said, it follows that being qualified electors of the school district, they are eligible to hold the office of trustee of said district, as the only condition precedent to the holding of such office is that such trustee shall be an elector. Yours truly, FRED A. MAYNARD. APPENDIX B. FORMS FOR PROCEEDINGS UNDER THE SCHOOL LAWS. FORM No. 1. Notice by the Clerk of the Board of Inspectors to a Taxable Inhabitant of a District at the Time of its Formation. [See Compiler's Sections 9 and 10.] To A B : SIR The board of school inspectors of the township of have formed a school district in said township, to be known as district No , and bounded as follows: [Here insert the description.] The first meeting of said district will be held at . . .on the day of 18. . . ., at o'clock. . . .M., and you are instructed to notify every legal voter of said district of the same, at least five days previous to said meeting, either personally or by leaving a written notice at his place of residence. You will indorse on this notice a return,' showing each notification, with the date or dates thereof, and deliver the same to the chairman of said meeting. Dated this day of , 18 (Signed.) C D , Clerk of the Board of Schoo I Inspectors. FORM No. 2. )tice of First Meeting when made in writing to be[leftat thehovseof every legal voter* [See Compiler's Sections 9, 10 and 24.] G D ; SIR School district No of the township of , having been formed by the board of school inspectors, you, as a legal voter in said district, are hereby notified that the first meeting thereof will be held at on the. . . . dny of , 18 , at o'clock M. Dated this day of , 18 A B [The person appointed to give notice.] 112 APPENDIX B. FORM No. 3. Endorsement upon the notice (Form No. 1) by Taxable Inhabitant. [See Compiler's Sections 9, 10, 24, and 139.] I, A B , hereby returned the within (or annexed) notice, hav- ing notified the qualified voters of the district, as follows: NAMES. DATE. How NOTIFIED. B. D. E. January 1, 1882 1, 1882 " 2, 1882 Personally. Written Notice. Personally. ! Dated this . .day of , 18. ... (Signed) A B FORM No. 4. Notice by Township Clerk to Director, of Alteration in District. [ See Compiler's Section 18.] To the Director of School District No , Township of : SIB- -At a meeting of the board of school inspectors of the township of held , 18 , the boundaries of school district No , township of , were altered in such manner that the territory of said dis- trict now includes the following: [Here insert the description.] Dated this day of. , 18. ... (Signed) C D , Clerk of the Board of School Inspectors. FORM No. 5. Acceptance of office by District Officers, to be filed with the Director. [ See Compiler's Sections 32, 108, 140 and 199.] I do hereby accept the office of in school district No of the township of Dated this day of , 18 (Signed) A B FORMS FOR PROCEEDINGS. 113 FORM No. 6. Assessor's Bond. [See Compiler's Sections 52 and 200.] KNOW ALL MEN BY THESE PRESENTS: That we, A B , assessor of school district No , township of , county of , and State of Michigan, C D and E F [his sureties], are held firmly bound unto said district in the sum of [here insert double the amount expected to come into the assessor's hands] to be paid to the said district; for the payment of which sum well and truly to be paid we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. The condition of the above obligation is such that, if the said assessor as aforesaid, shall faithfully discharge the duties of his office as assessor of said school district, and shall well and truly pay over to the person or persons entitled thereto, upon the proper order therefor, all sums of money which shall come into his hands as assessor of said district, and shall, at the expiration of his term of office, pay over to his successor in office all moneys remaining in his hands as assessor aforesaid, and shall deliver to his successor all books and papers appertaining to his said office, then this obligation shall be void, otherwise of full force and virtue. Sealed with our seals and dated this day of , 18. ... A B , [L. s.] C D , [L. s.] E F , [L. s.] Signed, sealed and delivered in presence of We approve the within bond. (Signed) G H , Moderator. J K , Director. Justification of Sureties in the foregoing Bond. C D , and E , F , the sureties whose names are subscribed to the above bond, being duly sworn, each for himself, says that he is a resident in said district and is worth the sum specified in said bond, over and above all his debts and liabilities, exclusive of property exempt from execution. (Subscribed and sworn to.) FORM No. 7. Notice of Annual Meeting. [See Compiler's Sections 21, 23, and 48.] NOTICE. ^The annual meeting of school district No of the township of. ... , for the election of school district officers and for the transaction of such other business as may lawfully come before it, will be held at , on Monday, the. ." day of September [or July], 18 , at o'clock M. Dated this .day of August [or July], 18 (Signed) A B , Director. 15 114 APPENDIX B. FORM No. 8. Request to be made by five Legal Voters of a District to the District Board for a Special Meeting. [See Compiler's Section 22.] To the District Board of School District No (or to A B , one of the District Board): The undersigned, legal voters of school district No of the township of . . ' , request you, in pursuance of section 15 of chapter II of the general school laws of 1897, to call a special meeting of said district, for the purpose of Dated this day of 18 (Signed) C D , E F , G H , I K , L. . . M. . FORM No. 9. Notice of Special Meeting. [See Compiler's Sections 22 and 23.] 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 , 18 , at o'clock M., for the purpose of [here insert every object that is to be brought before the meeting.] (Signed) A B , Director. FORM No. 10. Order upon the Assessor for Moneys to be disbursed by him, with Receipt attached. [See Compiler's Sections 48 and 52.] Assessor of School District No , Township of ...: : SIR Pay to the sum of y^ dollars out of any moneys in your hands belonging to the [here insert name of fund on which order is drawn, as "teachers' wages," "building," etc.] fund, on account of [here state the object for which the order was drawn.] Dated this day of 18 .... A B , Director. [Countersigned] C D , Moderator. Received of E F assessor of school district No , the amount specified in the above order. G.. . H FORMS FOR PROCEEDINGS. 115 FORM No. 11. Warrant upon Township Treasurer for Moneys belonging to School District. [See Compiler's Sections 48, 52, 72 and 207.] Treasurer of the Township of SIR Pay to A B , assessor of school district No. ... in said township, the sum of T?ni dollars, out of [here insert the particular fund], in your hands belonging to said district. Dated at , this day of , 18 C D , Director. [Countersigned.] E F , Moderator. FORM No. 12. Certificate by District Board to Township Clerk, of District Taxes to be Assessed. [See Compiler's Sections 27, 36 and 194.] Clerk of the township of : The undersigned, district board of school district No , township of do hereby certify that the following taxes have been voted by the qualified electors of said district, during the school year last closed, under the provisions of section 27 of the general school laws of 1895. For building purposes For repairs For paying indebtedness For services of district officers. For library For apparatus Total voted by the district We further certify that the following taxes have been estimated and voted by the district board under the provisions of sections 36, 194 and 225 of the general school laws of 1895: For teachers' wages $ . For fuel ' For incidental expenses For free text books For flag and flag staff For Total estimated and voted by district board $. : 116 APPENDIX B. Which amounts you will report to the supervisor to be assessed upon the tax- able property of said district in accordance with the provisions of law. Dated at , this day of , 18 A B , Moderator. C D , Director. E . . . P . . . Assessor. FORM No. 13. Bond to be given by the Chairman of the Board of School Inspectors. [See Compiler's Section 54.] KNOW ALL MEN BY THESE PRESENTS: That WC, A B , the chairman of the board of school inspectors of the township of , county of , and State of Michigan, and C D and E F [his sureties] are held and firmly bound unto the said township, in the sum of [here insert the sum of double the amount to come into said chair- man's hands, as nearly as the same can be ascertained] for the payment of which sum well and truly to be paid to the said township, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if A B , the chairman of the board of school inspectors, shall faithfully appropriate all moneys that may come into his hands by virtue of his office, then this obligation shall be void; otherwise, of full force and virtue. Sealed with our seals, and dated this day of 18. ... A B , [L. s.] C D , [L. s.] E F , [L. s.] Signed, sealed, and delivered in the presence of I approve the within bond. (Signed) G H , Township Clerk. Justification of Sureties in the foregoing Bond. C D and E F , the sureties, whose names are subscribed to the above bond htfng duly sworn, each for himself, says that he is a resident in said township and is worth the sum specified in said bond over and above all his debts and liabilities, exclusive of property exempt from execu- tion. (Subscribed and sworn to.) FORM No. 14. Appointment of District Officers by District Boards. [See Compiler's Sections 30, 108 and 201.] The undersigned, members of the district board of school district No , township of , do hereby appoint A B [director, moderator, or assessor, as the case may be] of said district to fill the vacancy created by the [removal, resignation, or death, etc.] of C D , the late incumbent. Dated this day of 18 E F . : . G.. . H FORMS FOR PROCEEDINGS. 117 FORM No. 15. Appointment of District Officers by School Inspectors. [See Compiler's Sections 30 and 108.] The undersigned school inspectors of the township of , do hereby appoint A B [director, moderator,, or assessor as the case may be] of school district No , in said township, the district board having failed to appoint. Dated this day of .'. ., 18. ... C D , E F , G H , Board of School Inspectors. i FORM No. 16. Notice of Meeting of Inspectors. [See Compiler's Section 15.] NOTICE. A meeting of the board of school inspectors of the township of , will be held at , on the day of 18, , at o'clock:. . .M., for the purpose of [here insert every object that is to be brought before the meeting, and if for the purpose of changing boundaries of districts, state the alterations proposed.] Dated this day of ., 18 A o , Clerk of the Board of School Inspectors. FORM No. 17. Certificate to be given to the Director of a School District, by the Board of School Inspectors when they establish a Site. [See Compiler's Section 89.] The inhabitants of school district No , township of , having failed, at a legal meeting, to establish a site for a schoolhouse, the board of school inspectors hereby certify that they have determined that the said site shall be as follows [here insert description.] Given under our hands this day of , 18. ... A B , C D , E F ,' Board of School Inspectors. 118 APPENDIX B. FORM No. 18. Warrant on the Township Treasurer for Library Moneys. [ See Compiler's Section 115. ] To the Treasurer of the Township of , County of : SIR Pay to , chairman of the board of school inspectors, the sum of TTF dollars, from the library moneys in your hands or to come into your hands, the same being for the support of the library of said township. Dated at , this day of , 18 A B , C D , E F , Township Board of School Inspectors. \ RBMAKK. In case district libraries are established in a township the library moneys due sucb districts are payable on the order of the district officer. (See form No. 11.) FORM No. 19. Notice by the Township Treasurer to the Township Clerk of Moneys to be Apportioned to Districts. [See Compiler's Sections 72 and 73.] To the Clerk of the Township of , County of : SIR I have now in my hands for appointment 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 , 18. B Township Treasurer. FORM No. 20. Notice by the Township Clerk to the Township Treasurer, of the Apportionment of Moneys to Districts. [See Compiler's Sections 63 and 64.] To the Treasurer of the Township of , County of : SIR Herewith find a statement of the number of children of school age in each schoo'l district of this township, entitled to draw public moneys, and the amount of moneys apportioned to each of said districts: FORMS FOR PROCEEDINGS. 119 Districts. District No.- 1 $ $ $ $ $ $ $. District No. 2, fr'l. Total $ $ $ $ $ $ $. Dated this . : . . . . day of . . , 18. . . A B , Township Clerk. FORM No. 21. Notice by Township Clerk to Directors, of Moneys belonging to the Directors. [ See Compiler's Section 64. ] A B , Director of School District No , Township of : SIR The amount of school moneys apportioned to school district No , town- ship of ^ , is as follows: I'rimary school interest fund $ Library moneys received from county treasurer One-mill tax Surplus dog tax District taxes Special funds Total $ Dated this day of ,18. ... A B , Township Clerk. FORM No. 22. Certificate by the Township Clerk to the Supervisor, of District Taxes to be Assessed. [See Compiler's Section 62.] Supervisor of the Township , 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 120 APPENDIX B. districts of tins township, as the same appears from the reports of the district boards of the several districts now on file in my office: Districts. a building irposes. repairs. paying in- jbtedness. ^ > c3 .Q apparatus. incidental cpenses. 5 i* 1* e r 1. 1 S3 m i I District No. 1 $. $ 8. $ $ $ $. $ $ $.-. - District No. 2, frl Which amounts you will assess upon the taxable property of each of said dis- tricts in accordance with the provisions of law. Dated day of , 18 A D , Township Cleric, FORM No. 23. Deed to School District. [ See Compiler's Section 35. ] KNOW ALL MEN BY THESE PRESENTS : That A B , and C D , his wife, of the township of , county of and State of , party of the first part, for and in consideration of the sum of y^dollars, to them paid by the district board of school district No , of the township of , county of , and State of Michigan, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey to school district No aforesaid, the party of the second part, and their assigns forever, the following described parcel of land namely [here insert description]; together with all the privileges and appurtenances thereunto belonging, to have and to hold the same to the said party of the second part and their assigns forever. And the said party of the first part for themselves, their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part and their assigns. that, at the time of the ensealing and delivery of these presents, they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasable estate of inheritance in the law r , in fee simple, and that the said lands and premises are* free from all encumbrances whatever; and that the above bar- gained premises, in the quiet and peaceable possession of the said party of the second part and their assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend. In witness whereof, the said A B , and C D , his wife, party of the first part, have hereunto set their hands and seals, this day of , 18. ... A B , [SEAL] C D , [SEAL] Signed, sealed, and delivered in presence of E F , G H.. STATE OF County of On this day of in the year one thousand eight hundred and , before me, I K , a , in and for said FORMS FOR PROCEEDINGS. 121 county, personally appeared , and , his wife, to me known to be the same persons described in and who executed the within instrument, who severally acknowledged the same to be their free act and deed. Witness my hand and official seal, the day and year last above named. I K , [SEAL.] FORM No 24. Lease to School District. [See Compiler's Section No. 35.] KNOW ALL MEN BY THESE PRESENTS : That A B , of the township of , county of , and State of , of first part, for the consideration herein mentioned, does hereby lease unto school district No , in the township of , county of , and State of Michigan, party of the second part, and their assigns, the following parcel of land, to wit: [Here insert description] with all the privileges and appur- tenances thereto belonging; to have and to hold the same for and during the term of years from the day of , 18 And the said party of the second part, for themselves and their assigns, do covenant and agree to pay the said party of the first part, for the said premises, the annual rent of ". dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , 18 A B [SEAL.] Lessor. C D , E F , [SEAL.] G H District Board of School District No of the aforesaid Township* Signed and sealed in the presence of I K , L.. . M.. FORM No. 25. Contract for Building a Schoolhouse. [ See Compiler's Section No. 35. ] 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 tp 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 16 122 APPENDIX B. 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 ... .18. ... And in case the said house is not finished by the time herein specified, the said A B shall forfeit any pay to the said district board or their successors in office, for the use of said district, the sum of dollars, and shall also be liable for all damages that may result to said district in consequence of said failure. The said district board or their successors in office, in behalf of said district, hereby agree to pay the said A B the sum of dollars, when the foundation of said house is finished; and the further sum of dollars when the walls are up and ready for the roof; and the remaining sum of dollars when the said house is finished and -delivered as herein stipulated It is further agreed that this contract shall not be sub-let, transferred, or .assigned without the consent of both parties Witness our hands this day of , 18. ... c Contractor.. - D , E F H District Board. FORM No 26. Contract between District Board and Teacher. [ See Compiler's Sections 38 r 40, 56, 109, and 128. ] It is hereby contracted and agreed between the district board of school district No in the township of , county of , and State of Michigan, and A B , a legally qualified teacher in said town- ship, that the said A B shall teach the school of said district for the term of months, commencing on the day of 18. . . . ; and the said A B agrees to faithfully keep a correct list of the pupils, and the age of each attending school, and the number of days each pupil is present, and to furnish the director of the district with a correct copy of the same at the close of the school, and to observe and enforce the rules and regulations established by the district board. The said district board, in behalf of said district, agrees to keep the schoolhouse in good repair, to provide the necessary fuel to keep the schoolhouse in com- fortable condition, and to pay said A B for the said services as teacher, to be faithfully and truly rendered and performed, the sum of dollars per month, the same being the amount of wages above agreed upon, to be paid on or before the day of , 18. . . . : Provided, That in case said A B shall be dismissed from school by the district board, for gross immorality or violation of this contract, or shall permit h . . . . certificate of qualification to expire, or shall have said certificate annulled or suspended by the county board of school examiners or other lawful authority, h . . . . shall not be entitled to any compensation from and after such annulment, suspension, or dismissal. In witness whereof, we have hereunto subscribed our names, this 'day of , 18 D , E F. .. , : ., G H , District Board. A . . , . .* B . . . . Teacher. FORMS FOR PROCEEDINGS. uj PUB -UJOAOO TJATO 'S ' '02 '81 No. -< , Teacher. close of the sum of. days fter and B tely eek, med ach ys, th ol. ruc l o ead of "Attendance in Da ttend school, add together ils who have attended scho ir whether or not in h system, in the sch ecto uma i t h a A ed with the director of the distri y embrace the number of days pre * K S 5 "" "o"o ^ S3 lf> bDSeSrt 1 fl 55c 124 APPENDIX B. FORM No. 28. Notice to Parents or Guardians in Rural Districts. STATE OF MICHIGAN, COUNTY OF, .Township, 189. To You are hereby notified that a child between 8 and 14 years of age, and under your legal control, is not attending the public school in your district. You will see to it that presents self with the necessary text-books at the said school on Monday morning next, at 9 o'clock, and that shall continue in regular attendance for at least 8 half days during each week for a period of four consecutive months previous to the 30th day of June, 189 . . . . , or during such part of said four months as may yet remain previous to said 30th day of June. Yours respectfully, Truant Officer. FORM No. 29. Notice to Parents or Guardians in Cities having a regularly constituted Police Force. Michigan. . 180.... To M No St. You are hereby notified that is believed to be over 7 and under 16 years of age and that is not attending school as provided for by the act under which this notice is sent, and you are hereby notified to cause said. ....... .to- begin regular attendance next Monday at the school. Respectfully, Supt. of School x. Served.. , 189. . Truant Officer. FORM No. 30. Notice to Truant Officer by School Officers, Teachers, or Residents of District. Michigan, 189 To the Truant Officer of Township [or city] o/ SIR You are hereby notified that the following named pupils residing at St., are liable to the penalty for violation of the law for compulsory attendance at school. I trust you will investigate the cases at once and learn the reasons why they are not in school. Respectfully, A.. . B.. FORMS FOR PROCEEDINGS. 125 FORM No. 31. Notice to Parents or Guardians of Juvenile, Disorderly Persons. Michigan, 189 To M No. St. Your child, or ward, is reported to me as belonging to the class deemed juvenile, disorderly persons by the compulsory education law, and you are hereby warned, that by an act of the legislature of Michigan, passed in 1895, the following classes of persons between the ages of eight and fourteen years, and in cities between the ages of SEVEN and SIXTEEN years, are deemed Juvenile Dis- orderly Persons and shall in the judgment of the proper school authorities, be assigned to the ungraded school or schools: 1. Habitual truants from any school in which they are enrolled as pupils. 2. Children who, while attending any school, are incorrigibly turbulent, diso- bedient, or insubordinate, or are vicious or immoral in conduct. 3. Children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment or occupa- tion. You are further warned that for persistence in the above mentioned conduct, said juvenile disorderly persons may be sentenced to the Reform School at Lan- sing, or to the Industrial Home at Adrian. Your attention is directed to the provisions of the act, under authority of which this warning is served. You are hereby ordered to cause said to begin regular attendance next Monday, at the ung*aded school located in this city. Served .189. . Truant Officer. INDEX INDEX. ABSTRACTS : Page of school inspectors' reports, 1 10 ACCEPTANCE OF OFFICE: filed with and recorded by director, 32, 108, 199 19, 43, 79 neglect to file vacates office, 29 19 penalty for falling to file, 141 56 ACCOUNTS: of director, 48, 109 24,44 inspectors, 57 28 members of board of school xamlners, 135 54 ACTION: against school districts, 82-88 35,36 relative to obtaining site, 89-103 36-41 ADJOURNMENTS: of district meeting, 27 17 proceedings to obtain site, 99 40 ADMISSION OF PUPILS: non-resident, 46 23 resident, 45 23 to Agricultural College,sec. 1 86 high school, 109 44 kindergarten, 215 82 Normal schODl, 169 63 AGE: at which education is compulsory, 182 66 school, 45, 197, 215 23, 78, 82 AGENTS FOR SCHOOL BOOKS, ETC.: officers, superintendents and teachers not to act as, 136, 148 55, 57 AGRICULTURAL COLLEGE COURSE: for district schools, sec. 1 86 AGRICULTURAL SCHOOL: admission of pupils to freshman class, sec. 1 86 duties of secretary, sec. 1 86 examination for admission to, 223, 224 85 to be provided, con. prov., art. xiii, sec. 11 9 ALIENS: not eligible to office, 31 19 ALTERATION: in boundaries of districts, 15-18 13, 14 graded school districts, 110 44 township school districts, 212 82 of schoolhouse sites, 89 36 (See School District; also, Township Board of Inspectors,) ANNUAL MEETING: (See District Meetings.) 17 130 INDEX. ANNULMENT OF CERTIFICATES: Page by county board of school examiners, 132 52 faculty of University, 217 83 State Board of Education, 167, 168, 170, 218 62,63,84 APPARATUS: director authorized to purchase, 48 24 tax may ba voted for the purchase of, 27 18 APPEAL: from inspectors to township board, 104-106 41,42 APPENDAGES TO SCHOOLHOUSE: tax may be voted for procuring, 27 18 to be provided by director, 48 24 APPOINTMENT: of building committee, 27 18 clerk of meeting in director's absence, 27,200 17,79 conductor of teacher's institute, 159 60 county commissioner of schools in case of vacancy, 137 55 deputy superintendent of public instruction, 2 10 district officers in case of vacancy, 30 19 trustees in case of vacancy, 108,201 43,79 first meeting of a district, 9, 197 12,77 librarian of township library, 117 47 member of board of school examiners in case of a vacancy, 126 49 person to take school census, 49, 204 25,80 State officers in case of a vacancy, con. prov., art. viii, sec. 3 T truant officer?, 183 _ 67 APPORTIONMENT: of library moneys, 123 48 moneys collected in fraction*! districts, 74 33 on division of a district, 71, 212 33, P2 raised by taxes, 64 30 to districts by township clerk, 63 29 one-mill tax, 66 31 primary school interest fund, 4-6 11 county clerk's duties, 76 - 3S treasurer's duties, 77 33 property on division of a district, 19, 20, 212 14, 15, 82 tax assessed before and collected after division of districts, 71 32 township treasurer's duties in relation to, 64 ASSESSMENT OF TAXES: (See Taxes.) ASSESSOR: acceptance of office, 32, 108 19, 43 a member of district board, 33 board of inspection at election to vote bonds, 78. 34 and moderator to audit director's accounts, 48 24 bond required, 5? 26 election and term of office of, 28,108 18,43 may be removed from office, 147 57 money paid to, from old district, 67 penalty forneglectirg duties, 141 56 summons to be served on, in suits, 83 35 to appear for district in suits, 52 certify judgment against district to supervisor, 85-87 35,36 collect damages from township clerk or supervisor, 146 57 keep record of receipts and expenditures, 52 - 27 pay orders, legally drawn, from proper funds, 52 report to district board receipts and disbursements, 53 warrants on township treasurer payable to, 48 24 (See District Beard; also, Moneys.) INDEX. 131 ASSOCIATIONS: P age teachers may form, 171-173 -. 64, 65 ASYLUMS; for deaf , dumb and blind, con. prov., art. xiii, sec. 10 9 ATTACHMENT: to enforce attendance In certain proceedings, 93 38 ATTENDANCE: of jurors and witnesses on certain proceedings, 93,94 37, 38 ATTORNEY GENERAL'S OPINION: right of women to vote at school elections in cities of fourth class 109 BALLOT: election of officers to be by, 28, 78, 107, 198 18,34,43,78 BLIND: institution for, con. prov., art. xiii, 10 9 BOARD, DISTRICT: (See District Board.) BOARD OP COMMISSIONERS: advertise for sealed proposals, sec. 2 ., 73 contract with publishers, sec. 5 75 powers and duties of, sees. 1-5 72-76 publication of manuscript by sec. 4 75 who constitutes, sec. 1 72 BOARD OF EDUCATION: (See State Board of Education.) BOARD OF INSPECTION: at election, to vote on issuance of bonds, 78 34 BOARD OF INSTRUCTION: of State Normal School may grant certificates, 167,198 62 BOARD OF REGENTS: of University, con. prov., art. xiii, sec. 7 8 BOARD OF SCHOOL EXAMINERS: (See County Board of School Examiners.) BOARD OF SCHOOL INSPECTORS: (See Township Board of School Inspectors.) BOARD OF TRUSTEES IN GRADED SCHOOL DISTRICTS: consent of, to be obtained to alteration in district, 110 44 election and term of office of, 107 43 officers of, 108 43 penalty for neglect of duties, sec. 2 46 powers and duties of, 109, sec. 1 44, 46 publication of financial statement of district by, sec. 1 46 vacancy in> how filled, 108 43 (See District Board; Graded School Districts; also, Township Districts.) BOARD, TOWNSHIP: (See Township Board.) BOARDS: when authorized to examine teachers, to collect fees, 156 59* BOND: accompanying bid for furnishing uniform text-books, sec. 2 7$ liability of county treasurer on, 96 39 of appellants from inspectors' action, 105 42 assessor, 52 26- chairman of board of school inspectors, 54 28 county commissioner of schools, 127 50' treasurer of township board of education, 200 79' BONDS: election to vote on issuance of, 78 34* limitations of , 78 ... 34 132 INDEX, BONDS Continued: Page may be issued for money borrowed, 78 34 paid by issuing further bonds, 81 35 tax may be voted to redeem, 80 35 BOOKS, LIBRARY: (See Libraries.) BOOKS OF RECORD: (See Records.) BOOKS, SCHOOL: (See Text-books.) BOUNDARIES OF DISTRICTS: alterations in, 15-18 13, U described in first notice, 9 12 map to be made showing, 61 29 of graded school districts, 110 44 township school district?, 212 82 (See School Districts; also Township Board of School Inspectors.) BUILDING COMMITTEE: voters may appoint and prescribe duties, 27 18 BUILDINGS: (See Schoolhouses.) BY-LAWS: (See Regulations.) CENSUS OF SCHOOL DISTRICTS: time of taking not to be changed, 21 , 15 when and how taken, 49 (Sec. 22), 204 ..25,0 CERTIFICATE: of court in proceedings to obtain site, 94 38 inspectors on establishing site, 89 36 instruction in physiology, etc., to be filed by teacher, 42 22 copy to be filed by director with township clerk, 42 22 to supervisor, of taxes to be assessed, 62, 68, 205 -29, 31, 81 township clerk, of district taxes, 37 20 CERTIFICATES OF QUALIFICATION TO TEACHERS: fee to be paid on obtaining, 156 59 given by county board of school examiners, 130, 131 51, 52 faculty of University. 217 83 State Board of Education, 170, Sees. 1, 2, 228 63, 64, 78 Normal School, 167, Sec. 1 62,63 grades of, and requisite qualifications to obtain, 131 51,52 list of teachers having, to be furnished township clerk, 133 _ 53 necessity of having to entitle to pay, 40 : 21 record of, to be kept by county commissioner of schools, 133 53 renewal of by board of examiners, 130 51 revocation or suspension of, 132, 167, 168, 170, 217 52, 62, 63, 83 signed by commissioner and one member, 130 51 two classes of third grade, 131 52 CHAIRMAN: of board of school inspectors, 53 28 compensation'of, 13 67 duties relative to supervision of schools, 134 54 to give bond, 54 28 first meeting of district, 9, 140 12,58 meeting, may arrest disorderly persons, 8 26 16 be appointed in absence of moderator, 27 to give oath to challenged voter, 25 16 CHALLENGE: of juror in proceedings to obtain site, 93 38 voter at district meetings, 25..... 16 INDEX. 133 CHILDREN: Page census list of , 49, 204 25,80 compulsory education of, 182-189 66-69 duties of police officers with respect to, 183 67 (See Pupils.) CLASSIFICATION OF PUPILS: (See Pupils.) CLERK: of board of education, 200 79 school inspectors, 53, 59 27, 29 county. (See County Clerk.) district, director to be, 48 24 township. (See Township Clerk.) COLLECTION: of damages for not repoi ting and assessing taxes, 146 57 fines for in juring library books, 118 47 institute fees from teachers, 156 59 judgment against district, 84-88 35,36 penalties, 143, 144, 146, sec. 1 56, 57, 86 taxes, 65-74 30-33 COMMITTEE ON BUILDING: voters may appoint and prescribe duties, 27 18 COMMUNICABLE DISEASES: teaching prevention of , 221, 222 84, 85 COMPENSATION: for site determined by jury, 94 38 of contractors furnishing uniform text-books, sec. 9 77 county commissioner, 135 64 inspectors for meetings, limited, 58 28 members of county board of school examiners, 135 54 board of education of township, 211 81 officers and jurors in proceedings to obtain site, 102 41 in school districts, 27, 109, 211 18,44,81 teachers, 40, 109, 204 21,44,80 COMPULSORY EDUCATION: age at which compulsory, 183 66 children exempted, 182. 66 to be sent to reformatory institutions, 188, sec. 2 69, 70 establishment of ungraded school?, 185 68 incorrigible children in graded schools to be sent to ungraded, 186 68 judge may suspend sentence in certain cases, 188 69 length of time to be sent to school, 182 66 penalty for failure to comply with law, 184 68 school boards to furnish books in certain cases, 43 22 who are truants under this act, 186, sec. 1 68,69 CONDUCTOR: of teachers' institutes, 159 60 CONSOLIDATION OF DISTRICTS: (See School Districts; also, Towr ship Board of School Inspectors.) CONSTITUTIONAL PROVISIONS: Agricultural School, art. xiii, sec. 11 9" districts may be deprived of public moneys, art. xiii, sec. 5 8 escheats of lands to the State, art. xiii, sec. 3 8 finance and taxation, art. xiv, sec. 1 9 free schools to be maintained, art. xiii, sees. 4, 5 8 institutions for deaf, dumb and blind, art. xiii, sec. 10 9 libraries to be provided, art. xiii, sec. 12 9 regentsof the University, art. xiii, sees. 6-8 & 134 INDEX. CONSTITUTIONAL PROVISIONS- Continued: Page school funds, art. xiii, sec. 2 7 State Board of Education, art. xiii, sec. 9 8 officers to be elected, art. vlii, sec. 1 7 term of office, art. viii, sec. 2 7 vacancy in office, how filled, art. viii, sec. 3 7 where to keep offices, art. viii, sec. 1 7 CONTRACT: for publishing series of uniform text-books, sees. 4, 5 75 with teachers, 40, 109,204 21,44,80 CORPORATE POWERS: of districts, 14 _ 13 teachers' associations, 173.1 65 CORPORATIONS: teachers may form, 171-173 _ 64, 65 COUNTY BOARD OF SCHOOL EXAMINERS: compensation of members of, \ 135 54 county clerk's duties in relation to election of, 126 49 duties of county commissioner, 133 52-54 election and term of office of, 126 49 flleoathsof office, 126 49 grades of certificates issued by, 131 51,53 may hold special meetings, 129 .*... 60,51 suspend or revoke certificate?, 132 52 meetings for examination of teachers, 129 50, 51 schedule of meetings for special examinations to be publi bed , 129 51 to whom certificates may be granted, 130 51 vacancies in board, how filled, 126, 137 49,55 what schools exempt from supervision of, 138 55 when officers in certain districts may examine teachers, 138 55 (See Chairman of Board of Inspectors; also, County Commissioner of Schools.) COUNTY CLERK: duties in proceedings to obtain site, 97, 98 39 relation to apportionment of moneys, 76, 122 33, 48 election of county commissioner of schools, 127 50 school examiners, 126 49 inspector's reports, 76, 144, 203 33, 56, 80 to draw order on county treasurer for institute moneys, 160 60 to receive and dispose of communications, etc., sent by State Superintendent, 75 33 COUNTY COMMISSIONER OF SCHOOLS: compensation of , 135 54 duties of, 133 52-54 counsel with teachers, 133 53 examination of candidates for admission to Agricultural College, 223, 224 85 examinations, hold, 129 50 keep record of, 133 53 prepare schedule of, 129 51 file acceptance of office and bond, 126 49 furnish list of teachers, 133 53 receive annual reports, 133 53 institute fees, 133 53 instructions from superintendent, 133 53 election of , 126 49 eligibility to office, 128 50 expenses audited by board of supervisors, 135 54 grant special certificates, 131 may renew certificates, 130 51 not act as agent, 136 55 shall sign certificates, 130 51 INDEX. 135 COUNTY COMMISSIONER OF SCHOOLS-Contfntted : Page vacancy in office of, 137 55 visit schools, 133 53 COUNTY INSTITUTES: (See Teachers' Institutes.) COUNTY TREASURER: liability on bond, 86 39 money for site deposited with, 96, 101 39,40 statements of apportionment filed with, 76, 122 33,48 to apply to State treasurer for certain moneys, 77 83 apportion library moneys, 122 48 notify township clerk and treasurer of moneys, 77 33 pay teachers 1 institute fund on order of clerk, 160 61 township treasurer township moneys, 77 33 set apart institute fees as institute fund, 157 -. 60 vouchers for payment at teachers' institutes filed with, 163 61 COURSE OF STUDY: Agricultural College, for district schools, sec. 1 86 to be prescribed for schools, 42, 109 22,44 COURSES OF STUDY: uniformity of iu normal schools, sec. 1 63 CRIMES AND OFFENSES: disturbing district meeting, 26 16 school, 44 23 illegal use of moneys, 180 - 66 (See Penalties.) DAMAGES: to be collected from certain officers for neglect of duties, 146 57 books in libraries, 116 46 DEAF, DUMB AND BLIND: iustitutions for, con. prov., art. xiii, sec. 10 9 DECISIONS OF SUPREME COURT: (See Digest of Supreme court decisions,) DEED: to schoolhouse site, 35 20 DELIVERY OF BOOKS, ETJ., TO SUCCESSOR IN OFFICE: by assessor of district, 52 27 director of district, 48 25 superintendent of public instruction, 7 11 DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION: appointment and duties of , 2 10 DIAGRAM. (See Maps.) DIGEST OF SUPREME COURT DECISIONS: (Appendix A.) ad nission of colored children to school, If 116 101 appeals from action of inspectors, It 5-12 88,89 district moneys, warrants and orders, Ifff 51-79 93-96 graded and high school districts, It 137-145 103,104 liabilities of school districts, tt 99-114 99,101 library moneys, f IT 146-148 104, 105 miscellaneous, 1T1T 149-174 105,108 organization of school districts, THT 26-50 91-93 powers of board of school inspectors, tt 1-4 88 township board, It 13-25 .' 89,90 school sites and schoolhouses, It 117-138 101,103 teachers' contracts and certificates, HIT 80-98 96-99 tuition of non-resident pupils, IT 115 101 DIPLOMAS: to graduates of the State Normal School, 167, 168, sees. 1, 2 62, 64 136 INDEX. DIRECTOR: Page acceptance of office, 33, 108 19, 4* account of, 48,109 24,44 a member of district board, 33 19 board of inspection, at election to issue bonds, 78 34 and moderator to certify payments to supervisor, 67 31 approve bond of assessor, 52 28 execute bonds of district, 79 34 appointment of , incase of vacancy, 30 19 clerk in absence of, 27 17 draw and sign warrants and orders, 48 24 election and term of office of, 28, 108, 198 18, 43,78 file census list witb township clerk, 49 (sec. 22) 25 certificate of instruction in physiology, etc., with township clerk, 42 _ 22 give notices of meetings, 48 24 have custody of schoolbouse and property, 41 22 judgment certified to, by assessor, 85 35 keep account of expenses, 48 24 schoolhouse in repair, 48 24 make reports to inspectors, 50 25 may be removed by township board, 147 57 notified of alterations in district, 18 14 moneys to be apportioned, 64 30 site fixed by inspectors, 89 36 of fractional district, to whom to report, 51 26 penalty for neglect to accept office, or perform duties, 141 56 present estimates to annual meeting, 48 r 25 warrants and orders to moderator to be countersigned, 48 24 provide appendages to schoolhouses, 48 _ 24 record acceptances of offices, 32 19 notice of first meeting, 9 12 of, relative to organization of district, 13 13 reports of , to be filed with township clerk, 50 25 to be clerk of district, 48, 200 24,79 furnished with register of school, 40 21 take annual school census, 49 (sec. 22) .. 25- (See District Board.) DISORDERLY PERSONS: juvenile, who to constitute, 186, sec. 1 68, 69 to be taken into custody, 26 17 DISTRIBUTION OF MONEYS: (See Appointment.) DISTRICTS, SCHOOL: (See School Districts.) DISTRICT BOARD: acceptance of office by members, 32, 108, 199 19, 43, 79 appointment to vacancy in, 30, 108,201 19, 43, 79 director to be clerk of, 48, 200 24,79 election and terms of office of member, 28, 107, 198 18,43,78 may admit non-resident pupile, 46 23 appoint persons to take school census, 49,204 25,80 classify pupils, 45, 109 23,44 determine certain matters when meeting fails, 27, 205 18, 80 donate or sell library books to township library, 125 48 fix rates of tuition to non-resident pupils, 46 23 suspend or expel disorderly pupils, 44 23 to apply for jury in suit to obtain site, 90 37 moneys according to law, 38 21 build, hire or purchase schoolhouse, 35, 204 20,80 INDEX. 137 DISTRICT BOARD Continued: Page call meetings of district, 22 15 esfablish rules, etc., for school, 44,204 23,80 estimate amount for support of schools, 36 20 have care of schoolhouse and property, 41 22 management of district library, 119, 204 47, 80 hire teachers, 40, 109.... 21,44 make statement of finances to annual meeting, 39, 208 21, 81 not pay money to unqualified teachers, 38 21 prescribe text-books and courses of study, 42 22 provide for instruction in physiology, etc., 42 22 kindergarten, 2 13 82 school, 27 18 publish financial statement of district, 1 46 purchase books for indigent children, 43 22 or lease site for schoolhouse, 35, 204 20,80 United States flags, sec. 1 8ft report taxes to be assessed, 37 20 sell site or property of district when not needed, 35 20 trustees in graded school districts, 107-110 43,44 towns-hip school districts, 198 78 vacancy in, how filled, 30, 108,201 19,43,79 what to occasion, 29 19 when may issue bonds, 79 34 to exclude public meetings from schoolhouse, 41 22 who are eligible to office in, 31 19 to constitute, 33, 107, 198 19,43,78- (See District Officers.) DISTRICT LIBRARIES: (See Libraries.) DISTRICT MEETINGS: annual, board to make financial report to, 39 21 estimates of expenses to be presented to, 48, 208 25, 81 in case of failure, what board to determine, 27,205 18, 8& powers of, 27, 109 17,44 when to be held, 21, 200 15,79 challenging votes, 25 1ft clerk and chairman may be appointed in absence of director and moderator, 27, 200 17, 79 director to give notice of, 48 24 disorderly persons at, 26 16 election of officers, 28, 107, 198 , h 18,43,78 formation of a new district, 9, 197 12,77 limit of taxes that may be voted, 27, 205 18,81 may vote on issuance of bonds, 78 34 tax to pay money borrowed, 80 35 moderator to preside, 47 24 notice of, what to specif y, 22, 23 15 proceedings to be recorded, 48 24 special, may be called, 22 15 notice to indicate the business, 22 .". 15 to determine use of schoolhouse, 41 22 direct sale of property, 27 18 fill vacancy in district office, 30 19 give directions regarding suits, 27 18 voters at, when challenged, 25 , 16 may designate site, 89 36 who are, 24 J6 18 138 INDEX. DISTRICT OFFICERS: Page acceptance of office, 32, 108,199 IP, 43,79 appointment of , 30, 108, 200 19, 43, 79 compensation of, 27, 48, 211 18,25, 81 election and terms of office of , 28, 107,198 18,43, 78 may be removed by township board, 147 57 penalty for neglect to accept or perform duties, Ul 56 who are eligible to election to office, 31 19 (See Assessor, Director, Moderator; also District Board ) DISTRICT SCHOOLS: (See Schools.) DISTRICT TAXES: (See Taxes.) DISTRICTS: exempt from furnishing uniform text-books, sec. 3 74 DISTURBING DISTRICT MEETING OR SCHOOL: penalty for, 26, 44 16,23 DIVISION OF DISTRICT: (See School Districts; also Township Board of Inspectors.) DOG TAX, SURPLUS: apportionment of , to school districts, note J.. 87 EDUCATION: constitutional provisions, art. xiii, sees. 1-12 7-9 ELECTION: if not held, inspectors to appoint officers, 30, 108 19,44 of district officers, 28, lOb, 198 18,43,78 members of connty boards of school examiners, 126 49 State Board of Education, con. prov., art. xili, sec. 9 8 school Inspectors, 151-155 58,59 State officers, con. prov., art. viii, sec. 1 7 regulations at election to vote on issuance of bond;?, 78 34 who are eligible to election to office, 31, 155 19, 59 legal voters at elections, 24 16 ELECTORS: who are qualified, 24 16 ELIGIBILITY TO OFFICE: in districts, 31 19 townships, 155 59 EMPLOYMENT: of officers, etc., 109 44 persons to take school census, 49 (sec. 22) 25 teachere, 40, 109, 204, 214 21,44,80,82 ENGLISH LANGUAGE: instruction to be conducted in, con. prov., art. xiii, sec. 4 8 ENUMERATION OF CHILDREN: (See Census.) EQUALIZATION OF TAXES: by supervisors, 68 32 ESTIMATES: of amounts to be raised by tax, 36, 48, 205.'. 20,25,80 EVIDENCE: in proceedings to obtain site, 90 37 of organization of district, 13 13 regularity in proceedings to remove officers, 147 57 EXAMINATIONS: of applicants for admission to Agricultural College, 223,224 85 State certificates, 170 63 inspectors' reports by county commissioner, 133 53 proposed site by jury, 94 38 INDEX. 139 EXAMINATIONS Continued: Page of teachers by county board of examiners, 129, 130, 138 50, 51, 55 officers in certain districts, 138 55 State Board of Education, 170 63 fees to be collected, 8 156 _ , 59 meetings for, 129 50 questions for examination of teachers, 130 51 EXAMINERS: of teachers to collect fees, 156 59 to pay fees to county treasurer, 157 60 (See County Board of School Examiners.) EXECUTION: not to issue against school district, 84 35 EXPENSES: estimates of, to be presented at annual meeting, 48, 208 25, 81 incidental, estimated by board, 36 20 of commissioner, how paid, 135 54 limited, 135 55 director, how paid, 48, 109 24, 44 inspectors, limited, 58 28 State institute, how paid, 162 _ 61 teachers' institute, 160 .. 60 vouchers for, where filed, 163 61 FEES: collected by director and secretary, 157 59 to be paid by teacher on obtaining certificate, 156 59 FEMALES: eligible to district offices, 31 19 office of township school inspector, 155 . 59 may vote at school district meetings, 24 _ 16 elections in cities of the fourth class 109 FINES: for breach of penal laws, apportionment of , 123 48 con. prov., art. xiii, sec. 12 9 damage done to library books, 116 46 disturbing district meeting, 26 17 school, 844 23 (See penalties.) FLAGS: purchase of United States, sec. 1 86 FORFEITURES: (See penalties.) FORMATION: of districts. (See School Districts; also Township Board of Inspectors.) teachers' associations, 8 171-173 64,65 FORM OF OATH: to challenged voter, 25 16 FORMS FOR PROCEEDINGS- (Appendix B): of acceptance of office, No. 5 112 appointment of district officer by district board, No. 14 116 inspectors, No. 15 117 assessor's bond, No. 6 113 bond of chairman of board of inspectors, No 13 116 certificate of inspectors on establishing site, No. 17 117 to township clerk of taxes, No. 12 115 super visor of taxes, No. 22 119 contract for building schoolhouse, No. 25 121 with teacher, No. 26 122 deed to schoolhouse site, No. 23.... 120 140 INDEX. FORMS FOR PROCEEDINGS-Co/iti/med: Page lease to school district, No. 24 121 notice of annual meeting, No. 7 113 first meeting in school district, No. 2 Ill meeting of inspectors, No. 16 117 special meetings in district, No. 9 1H truancy to parents or guardians in cities, No. 29 124 rural districts, No. 28 124 to director of alteration in district, No. 4 112 moneys apportioned district, No. 21 119 inhabitant of formation of school district, No. 1 Ill parents or guardians of juvenile disorderly persons, No. 31 125 township clerk of moneys to be apportioned. No. 19 118 treasurer of apportionment, No. 20 118 truant officer, No. 30 124 order upon assessor for payment, No. 10 ,.. 114 request of voters for special meeting, No. 8 114 return of notice by inhabitants on formation of district, No. 3 112 teachers' register of school, No. 27 . 123 warranton township treasurer for district moneys, No. 11 115 library moneys, No. 18 118 FRACTIONAL DISTRICTS: (See School Districts; also, Township Board of Inspectors.) FREE SCHOOLS: to be provided, con. prov., art. xiii, HOC. 4, 197 8, 78 FREE TEXT-BOOKS: district board to advertise for proposals when authorized by district, 193 71 estimate amount necessary to purchase, 194 71 Incur penalty for failure to comply with law, 196 72' make contract for furnishing, 193 _ 71 purchase when authorized, 193 71 vote on question of furnishing, 193 71 refusal to purchase, a misdemeanor, 196 72 to be the property of the district, 193 71 when director to purchase, 195 72 FUNDS: educational, con, prov., art. xiii, sees. 2, 3 7, 8 for publishing notices by board of commissioners, sec. 11 77 library, con. prov., art. xiii, sec. 12 9^ teachers' institute, 157 60 (See Moneys.) GRADED SCHOOL DISTRICTS: annual meeting of , 21 15- change to primary district, 112 45 notice of Intention to organize, 107, 111 43,45 not limited to nine sections of land, 110 45 officers to be elected by trustees, 108 '. 43 publication of financial statement of, sec. 1 46 trustees, consent of , to be obtained to alteration in boundaries, 110 44 election and term of office, 107, 111 43, 45 powers and duties of , 108, 109 43,44 two or more contiguous districts may organize, ill _ 45 (See School Districts.) GRADING: of pupils in graded school districts, 109 44 not prevented in any district, 45 23 GRADES OF CERTIFUATES: to teachers, 131 5L INDEX, 141 HIGH SCHOOLS: p age may b9 established in certain districts, 109 44 (See Graded School Districts.) INCIDENTAL EXPENSES: estimated by district board, 36 20 INDEBTEDNESS: of districts, 78 34 (See Bonds.) INDIANS: children of, when not included in census, 49 (sec. 22) 25 INHABITANT, TAXABLE: (See Taxable Inhabitant.) INSPECTION, BOARD OF: (See Board of Inspection.) INSPECTORS, BOARD OF SCHOOL: (See Township Board of School Inspectors.) INSTITUTE: (See Teachers' Institutes.) INSTITUTIONS: for deaf, dumb and blind, con. prov., art, xiii, 10 9 INSTRUCTION: Superintendent of Public Instruction to have supervision, 1 10 to be conducted in the English language, con. prov., art. xiii, 4 8 INTEREST: on bonds limited, 79 35 judgment against district, 88 36 money lost by certain officers, 143, 144 ., 56 State funds, apportionment of, by State Superintendent, 4 11 for educational purposes, con. prov., art. xiii, 2, 3 7, 8 tax may ba voted to pay, 80 35 JOINT MEETINGS: of township boards, 104, 212 41,82 school inspectors, 11 , 12 JUDGE OF PROBATE: to participate in filling a vacancy in office of member of board of examiners, 126 49 JUDGMENTS: against school districts, 82-88 35,36 execution not to issue on, 84 35 in proceedings to obtain site, 95 39 taxes to pay, 69 33 JURISDICTION: in actions against districts, 82 35 JURY: in proceedings to obtain site, 90-94 36 38 JUVENILE DISORDERLY PERSONS: commitment to reformatory, 188 69 penal ties imposed up an parents of, in certain cases, 184 68 proceedings in case of, 187 68 to be sent to ungraded school, 185, 186 68 who constitute, 186, sec. 1 68, 69 KINDERGARTEN: act to apply to other schools, 216 83 children entitled to attend, 215 82 duty of district board, 213 82 qualifications of teachers, 214 _ 82 LAND: proceedings to obtain, for schoolhouse site, 90-103 36-41 when not taxed for building schoolhouse, 27 17 LAWS: relative to schools to be published and furnished to officers, 3 1 142 INDEX. LEASE: Page of a schoolhouse site, 35 20 LEGISLATURE: to provide for agricultural school, con. prov., art. xiii, sec. 11 9^ free schools, con. prov., art. xiii, 4 8 libraries, con. prov., art. xiii, 12 9 LIABILITIES: assumed by township district, 209 81 of board of inspectors for neglect, 143 56 county clerk for neglect, 144.. 56 district officer?, to removal, 147 57 parent for failure to send child to school, 184 68 township clerk for neglect, 143 56 supervisor for neglect, 146 * 57 (See Penalties.) LIBRARIAN: to be appointed, 117 47 LIBRARIES: books to be purchased for, by district board, 115, 204 46,80 damages to books in, 116 46 district board may donate or sell library books to township, 125 48 fund for, apportionment of , 122 48 expended by inspectors, to be accounted for to township board, 57 28 forfeitures of, 121 47 inspectors to apply for, 115 46 penal fines to be applied to, con. prov., art. xiii, sec. 12 9 State Superintendent to furnish statement of townships, etc., entitled to, 122 48 to be used for purchase of books, 123 48 warrant on township treasurer for, 73 , 33 when not to be forfeited, 121 47 librarian of township, 117 47 provisions respecting, 113-126 46-48 rules for, 3, 116 11,46 school officers, etc., not to act as agents for books for, 148 57 tax for support of, 124 48 to be established, con. prov., art. xiii, sec. 12 9 township inspectors to report statistics of , 120 47 what districts may establish, 118 47 where kept, 117 47 LIMIT OF INDEBTEDNESS: (See Bonds.) LIMIT OF TAXES: (See Taxes.) MANAGEMENT OF SCHOOLS: (See District Board; also Regulations.) MAPS: of township showing boundaries of districts, 61..... MEETINGS: for election of school examiners, 8 126 49 examination of teachers, 129, 130 50,51 joint, of school inspectors, 11, 212 12,82 of board of education, 200 79 inspectors, 58 28 township boards, 104 when schoolhouse used for public, 41 , 22 (See District Meetings.) MEMBERS: of board of trustees, 107, 198 43,78 county school examiners, 126 49 INDEX. 143 MEMBERS Continued: Page district boards, 33 19 State Board of Education, con. prov., art. xiii, sec. 9 8 township board of school insp actors, 53, 152 27, 58 MODERATOR: acceptance of office by, 32 19 a member of district board, 33 19 and assessor to audit and pay directors' accounts, 48 24 director to approve bond of assessor, 52 26 appointment of , 30 19 pro fern, at district meetings, 27,200 17,79 election and term of office, 28, 108 18, 43 may be removed by township board, 147 57 penalty for neglect to accept office or parform duties, 141 56 to bring suit on assessor's bond, 47 1 24 countersign warrants and orders, 47 24 give oath to challenged voter, 25 16 preside and preserve order at district meetings, 47 24 (See District Board.) MONEYS: accrued from one-mill tax, how used, 66 31 apportionment by State Superintendent, 4, 5, 6 11 to districts by township clerk, 63, 6i, 205 29, 30, 81 board to apply according to law, 38 21 report to annual meeting receipts and disbursements, 39,208 21,81 collected on account of neglect of officers, 145 66 assessor's bond, how applied, 52 27 bond of chairman of board of inspectors, how applied, 54 28 county treasurer to apply for and pay, 77 33 apportion library moneys, 122 43 districts entitled to receive, 27, 56, C6 18, 28, 30 duties of township treasurer in collecting, 65, 69, 74 30, 32, 33 paying, 72, 74, 204 33,80 for payment for site deposited with county treasurer, 96, 101 39, 40 library, apportionment of, 123 48 derived from penal fines, con. prov., art. xiii, sec. 12 9 forfeiture of, 121 47 inspectors to apply for, 115 46 to be used for the purchase of books, 123 48 treasurer of board in township district apply for, 204 80 limitations as to borrowing of, 78 34 may be borrowed in certain cases, 36 20 not to be apportioned to districts employing unqualified teachers, 56 28 diverted except by a two-thirds vote, 38 21 paid to teacher not having certificate, 38 21 used for sectarian schools, 38 21 of a district when divided to be apportioned, 19, 20, 212 14, 15, 82 officer making illegal use of, to be removed, 147 57 orders for, 48 , 24 paid by old to new districts, how applied, 67 3L pay for site, when deposited with county treasurer, 96 39 payment of, to fractional districts, 74 33 primary school interest fund, apportionment of, 4, 6, 63, 77 11, 29, 33 districts entitled to receive, 27, 56 18, 28 how constituted, con. prov., art. xiii, sees. 2, 3 7, 8 to be used only for teachers' wages, 38 21 when withheld from districts, con. prov., art. xiii, sec. 5 8 public moneys, defined, 174 65 how to be used, 176 65, 144 INDEX. MONEYS-Continwed: Page public moneys, interest on, 177 65 no consideration to be received by officer for deposit of, 178 66 penalty for illegal payment of , 181 66 not to exempt from prosecution under general law, 180 66 to be kept separate from all other funds, 175 65 raised by tax, how apportioned, 64 .,, 30 report of receipts and disbursements of, by assessor, 52 27 district board, 39, 208 21,81 inspectors, 57 28 school moneys to be paid next to township expenses, 72 33 surplusof, may be appropriated to certain objects, 27 18 (See Taxes.) MO NTH, SCHOOL: of what to consist, 40 21 NAME: and style of school district, 14 13 NEGLECT: of county clerk to transmit reports, 144 56 district officers, sec. 2, 141 46, 56 inspectors in not reporting, 143 56 parent or guardian to send child to school, 184 67 supervisor and township clerk in regard to taxes, 146 57 taxable inhabitant to serve and return notice, 140 56 township clerk to transmit report, 143 56 NON-RESIDENT: pupils, admission of, 46 23 when may be attached to district, 17 14 NORMAL SCHOOL: (See State Normal School.) NOTICE: by board of commissioners for sealed proposals, sec. 2 73 county treasurer of moneys apportioned, 77 33 State Superintendent of apportionment, 4, 122 11, 48 suparvisor to treasurer of taxes assessed, 68-70 31, 32 township board of proceedings to remove from office, 147 _ 57 clerk to supervisor of taxes, 62, 205 29, 81 on failure of new district to organize, 10 12 treasurer of moneys in his hands, 73, 207 33, 81 in proceedings to obtain site, 92 37 of apportionment of moneys to districts, 63 29 district meetings, 23 15 first meeting of a new district, 9, 197 12,77 formation of teachers' association, 171 64 intention to vote on borrowing money, 81 35 meeting for examination of teachers, 129 50 of inspectors, 15 13 to form fractional districts, 11 12 to organize as a graded school district, 107 43 meetings to be given by director, 48 24 special meetings to indicate business, 22 15 to direct >rs of moneys to be apportioned, 63 30 parent or guardian that child do?s not attend school, 184 67 . taxable inhabitant on formation of district, 9 12 teacher of intention to revoke certificate, 132 52 OATH: by challenged voter at district meetings, 25 IK if false, deemed perjury, 25 16 of deputy superintendent of public instruction, 2 - 10 INDEX. 145 OATH Con turned: Page of juror in proceedings to obtain site, 94 38 members of board of school examiners, 127 50 to be made to correctness of census list, 49 (sec. 22) 25 OFFICE: acceptance of, to be filed, 32, 1C8, 199 19, 43, 79 removal from, 147 57 term of, district officers, 28, 1C8, 198 19, 43, 78 inspectors, 153 58 members of board of school examiners, 126 49 State board of education, con. prov., art. xiii, sec. 9 8 Regents of the University, con. prov., art. xiii, sec. 6 8 State officers, con. prov., art. viii, sec. 1 7 OFFICERS: (See names of the several offices.) OFFICIAL BONDS: of assessors, 5? 26 chairman of board of inspectors, 54, 200 28, 79 county commissioner of schools, 127 50 ONE-MILL TAX: assessment, collection and disposition of , 66 30 how surplus may ba applied, 27 18 (See Taxes.) OPINION OF THE ATTORNEY GENERAL: right of women to vote at school elections in cities of the fourth class 109, 110 ORDERS: of inspectors upon township treasurer, 115, 204 46, 80 on assessor, to be countersigned by moderator, 47 24 drawn and signed by director, 48 24 to be paid from proper funds, 52 27 (See Warrants; also Moneys.) ORGANIZATION: of a new district, 8-13 12,13 graded school district, 8107, 112 43-45 township district, 197-312 77-83 (See School Districts; also, Township Board of Inspectors.) PARENTS AND GUARDIANS: entitled to vote, 24 16 liability for not sending children to school, 184 68 proceedings against for failure to send children to school, 187 68 required to send children to school, 182 66 to be notified by truant officers, 184 67 PENALTIES AND FORFEITURES: for damages to library books, 116 47 extra charges for uniform text-books, sec. 6 76 illegal payment of public moneys, 181 66 neglect to teach prevention of diseases, 222. 85 not purchasing TJ. S. flag, gee. 1 86 moneys collected for, how applied, 145 56 on county clerk for not transmitting reports, 144 56 district for not maintaining certain length of school, 27, 66, 204 18, 31, 80 three months 1 school, con. prov., art. xiii, 5 8 officers for neglect to accept office or perform duties, 141 -. 56 not publishing financial statement, sec. 3 46 inspectors for not qualifying or neglecting duties, 142 56 reporting, 143 56 parent or guardian failing to send child to school, 184 68 supervisor and clerk for neglect in regard to taxes, 146 57 19 146 INDEX. PENALTIES AND FORFEITURES-Continued: Page taxable inhabitant for neglect of duties in formation of district, 140 56 township clerk, for neglect in transmitting report?, 143 56 town&hip board to remove certain officers, 147 57 PERJURY: false oath deemed, 25 16 PHYSIOLOGY AND HYGIENE: director to file copy of teachers' certificate of instruction with township clerk, 42 22 penalty for failure of district board to comply with statute, 42 22 teacher to certify whether instruction has been given in, 42 22 text-books to be adopted by district board, 42 22 approved by State Board of Education, 42, 192 22, 71 to be taught by all public schools in the State, 42 22 POLL- LIST: to be kept when voting on issuance of bonds, I 78 34 POOR CHILDREN: to be furnished with text-books, 43 22 PRESIDENT: of University, coa. prov., art. xiii, sec, 8 ,. 8 PRIMARY SCHOOLS: (See Schools.) PRIMARY SCHOOL INTEREST FUND: apportionment of, 4 11 when deficiencies may be paid, 6 11 reports are defective, 5 11 to districts, 63, 204 29,80 constitutional provisions respecting, art. xiii, sees. 2, 3 7, 8 county clerk's duties in relation to apportionment of , 76 33 treasurer's duties in relation to apportionment of, 77 33 school to be maintained certain time to secure, 27 18 three months to secure, con. prov., art. xiii, sec. 5 8 to be used only for teachers' wages, 38 21 PROCEEDINGS: against school districts, 8 2-88..., 35,38 for removal of officers, 147 157 in case of incumbrances, 100 40 to obtain site for schoolhouse, 89-103 36-41 upon appeal from action of inspectors to township board, 104-106 41-42 PROCLAMATION BY GOVERNOR: announcing contract for furnishing uniform text-books, sec. 10 77 PROPERTY: of district, care and preservation of, 41, 109 22,44 disposition of, in forming township districts, 209 81 sale of, may be directed by voters, 27 18 when may be by inspectors, 19 14 when district is divided, to be apportioned, 19, 20 14, 15 township is divided, to be apportioned, 212 82 teachers' associations, 172 _ 65 PROSECUTION: (See Actions, Proceedings, also Suits.) PUBLIC INSTRUCTION: (See Superintendent of Public Instruction.) PUBLIC MEETINGS: when maybe admitted to schoolhouse, 41 PUBLIC MONEYS: (See Moneys.) PUBLICATION: of financial statement by school board, sec. !.... 46 INDEX. 147 PURCHASE: Page of apparatus and appendages to schoolhouse, 48 24 books for library, 115 46 poor children, 43 22 records of district, 34 20 school efte or schoolhoase, 35, 204 20,80 PUPILS: admission of , to schools, 45, 46, 109, 215 23,44,82 Normal school, 169 63 classification, 45, 109 23, 44 tuition of non-resident, 46 23 when may be suspended or expelled, 44 _ 23 who may be, 45 23 QUALIFIOATIONS: of voters at district meetings, 24 16 QUESTIONS: for examination of teachers, 130 51 RECORD: director to keep, of proceedings, 9, 48 . 12, 24 of acceptance of office, 32 19 board of school examiners, 133 53 certificates to teachers, 133 .*. 53 consent of trustees to alter graded school district, 110 44 director, to be evidence of organization of district, 13 13 inspectors, to be kept in office of township clerk, 59, 202 29, 80 pupils, to be kept by teacher, 40 21 removals from office, 147 . 57 report of taxes to annual meeting, 39, 208 21,81 REGENTS: of the University, con. prov., art. xiii, 6, 7 8 REGISTER: of school to be kept by teacher, 40 21 REGULATIONS: at election to vote on issuance of bonds, 78 k 84 for government of schools, 44, 204 23, 80 libraries, 116. 46 REMOVAL: from district to vacate office, 29 19 of house from leased site, 35 20 officers by township board, 147 57 in graded school districts, 108 43 REPAIRS: (See Schoolhouses.) REPORT: liability of officers for failing to report, 143, 144 56 of board to annual meeting, 39, 208 21,81 chairman of board of school inspectors, 134 _ 54 county commissioner of schools, 133 53 director to inspectors, 50 -. 25 how treated if false, 56 28 where filed, 59 29 to whom made in fractional districts, 51 26 inspectors, county clerks' duties in relation to, 76 33 to county clerks, 55, 120, 203 28, 47, 80 township board of finances, 57, 208 28,81 Superintendent of Public Instructional 10 supervisor to township treasurer, of taxes assessed, 69 32 township clerk, of taxes, 62,205 29,80 to treasurer and directors of moneys, 63, 64 > 29, 30 148 INDEX. REQUEST: Page to call special meetings, 22, 202 15,80 RESIDENTS: ceasiog to be, vacates office, 29 19 exceptions of , in school census, 49 (sec. 22) 25 notified of first meeting in a new district, 9 ! 12 petition for organization of new district, change from, 197 77 qualifications of, to vote at district meetings, 24 16 rights of, to attend school, 45 23 RETURN: of notice of first meeting on organization of district, 9 12 REVOCATION OF TEACHEKS' CERTIFICATE: by board of school examiners, 132 52 State Board of Education, 167,168,170 62,63 RULES: (See Regulations.) SALE OF PROPERTY: directed by district, 27 18 when by district board, 35 20 inspectors, 19 14 SCHOLARS: (See Pupils.) SCHOOL: admission of non-resident pupils to, 46 23 resident pupils to, 45 _!._ 23 agricultural, to be provided for, con.prov., art. xiii, sec. 11 9 board to establish regulations for, 44, 204 23, 80 prescribe text-books, 42 22 provide for minimum length of time of, 27, 204 17, 80 examination of, 133 53 may be graded, 45, 109.... 23,44 not to be sectarian, 38 21 separated on account of race, 45 23 penalty for disturbing, 44 23 register of, to be kept by teachers, 40 21 statistics of , to be reported by director, 50 25 support of, taxes to be estimated and voted by board, 36, 205 20, 80 suspension or expulsion of pupils from, 44 23 time necessary to be maintained, 27, 66, 204 18, 31, 80 to be free, con. prov., art. xiii, sec. 4, W7 8, 78 maintained at least three months, con. prov., art. xiii, sec. 5 8 training, in connection with State Normal, 166 62 ungraded, to be established in certain cases, 185 68 visitation and examination of , 133 53 SCHOOL BOARD: (See District Board ) SCHOOL BOOKS: (See Text-books.) SCHOOL CENSUS: time of taking, not to be changed, 21 15 when and how taken, 49 25 SCHOOL DISTRICTS: alterations in, to be reported to director, 18 14 when consent of taxpayers to be obtained, 16 14 annual report of, 39, 208 21, 81 appeal from inspector's action in forming, dividing, or consolidating of, 104-106... 41, 42 change from primary to graded, 112.. 45 corporate powers of, 14 division of property in forming new from old, 19 1* INDEX. 149 SCHOOL DISTRICTS Continued : Page formation of , 8-13... 12,13 fractional, formation of, 11 12 judgments against, 87 36 levying and collecting taxes in, 68 31 graded school districts, 107-112 48-45 map showing boundaries to be made, 01 29 may borrow money in certain cases, 36 20 to pay indebtedness, 78 34 vote to pay money borrowed, 81 35 meetings of , 21-27, 200 15-18,79 moneys to be apportioned to, 63,64 29, 30 when paid by old to new, 67 31 name and style of, 14 13 suits and judgments, 82-88 35,36 to be numbered by inspectors, 8 12 contain no more than nine sections of land, 8 12 not receive moneys when employing unqualified teachers, 56 28 township organization of, 197-212 77-82 wh|it districts may organize as graded, 107, 111 43,45 when deemed legally organized, 12 13 persons outside may be attached, 17 14 who to appear in suits for or against, 62 27 (See District Meetings; also Voters.) SCHOOL EXAMINERS: (See County Board of School Examiners.) SCHOOL FUNDS: (See Moneys.) SCHOOLHOUSES: appendages to, district to vote tax for, 8 27 ^. 18 director to provide, 48 24 board to procure, 35,204 20,80 bonds may be issued to build, 78 34 building committee may be appointed to supervise building of, 27 18 district to direct the procuring of , 27 v 17 limitation of indebtedness to build, 78 .'. 34 repairs to, 27 _.. 18 site for, to be purchased or leased, 27, 35, 2J4 17, 20, 80 tax for building, limited, 27,205 17,81 repairing, limited, 27 18 to be in care of district board, 41 22 when certain persons not liable to tax for building, 17 14 land not taxed for building, 27 17 not needed may be sold, 19, 27, 35 14, 18, 20 opened or closed to public meetings, 41 22 SCHOOLHOUSE SITES: (See Sites for Schoolhouses.) SCHOOL INSPECTORS: (See Township Bord of School Inspectors.) SCHOOL LAWS: to be published, 3 10 SCHOOL MONEYS: (See Moneys.) SCHOOL MONTH: of what to consist, 41 21 SCHOOL PROPERTY: (See Property ) SCHOOL TAXES: (See Taxes.) 150 INDEX. SCHOOL TEACHERS: Page (See Teachers.) SCHOOL YEAR: when to commence, 21 15 SEALED PROPOSALS: advertising for by board of commissioners, sec. 2 73 opening and Investigation of. sec. 3 74 SECTARIAN SCHOOLS: not to receive public moneys, 8 38 21 SHERIFF: to remove respondent from school property, 98 40 SITES FOR SCHOOLHOUSE-': board to purchase or lease, 35, 204 20, 80 claims against settled by circuit judg^, 100 40 compensation for, how determined in certain ca-?es, P4 38 how designated, 89 36 issuance of bonds for purchase of, 78 34 lease or purchase of , 27, 35, 204 17,20,80 notice of meeting to change, 23 . 15 procetdings to obtain, 89-103 36-41 to be selected by a two-thirds vote, &9 36 voters to direct the procuring of, 27 17 when not needed may be sold, 19,35.... 14, 20 SPECIAL MEETINGS: (See District Meetings.) STATE BOARD OF EDUCATION: . constitutional provision for, art. xiif, sec. 9 8 may refuse to accept diplomas from certain colleges, 220 84 members of board of commissioners for selecting series of uniform text-books, sec. 1 72 to grant certificates to graduates of colleges^ 218 83 diplomas to graduates of State Normal School, 167, 168 62 State certificates to teachers, 170 63 STATE BOARD OP HEALTH: furnish data regarding communicable diseases, 221 84 STATE CERTIFICATES: when granted by State Board of Education, 170 63 to graduates of certain colleges, 218 83 State Normal School, 167, 168 62 STATE INSTITUTIONS OF EDUCATIONAL CHARACTER: to be under supervision of State Sup arintendent, 1 10 STATE NORMAL SCHOOL: diplomas and certificates to graduates of, 167, 168 62 professional instruction in, 165 62 to be under care of State Board of Education, con. prov., article xiii, sec.9 9 training school in, 166 62 STATE OFFICERS: election and term of office of, etc., con. prov., art. viii, sees. 1-3 7 STATE TEACHERS' INSTITUTE: expenses of, how paid, 163 61 to be held annually, 162 61 STATEMENT: (See Notices; also Reports.) STATE UNIVERSITY: diplomas and certificates to graduate*, 217 83 STUDIES: to be prescribed, 42 -. 22 INDEX. 151 SUITS: Page and judgments agiinst district?, 82-88 35, 36 assessor to appear for district, 52 27 directions given by meeting in regard to, 27 18 for collection of penalties, etc., 144, 147 56, 57 jurisdiction of justices in, 82 35 may be brought for or against school districts, 14 13 not brought to collect judgment, 84 35 on assessors' bond, 52 27 bond of chairman of board of inspectors, 5t 28 summons in, served on assessor, 83 35 when moderator may appear in for district, 52 . 27 (See Action, Judgments; also Proceedings.) SUPERINTENDENT OF PUBLIC INSTRUCTION: duties of, con. pro v., art. xiii,eec. 1 _ 7 relative to apportionment of primary school moneys, 4, 6 11 election and term of office of, con. prov., art. viii, sees. 1,2 7 may appoint conductors of teachers' institutes, 159 60 to appoint a deputy, 2 10 be a member and secretary of State Board of Education, con. prov., art. xiii, sec. 9 9 deliver official books, etc., to successor, 7 _ 11 to draw on State treasurer for expenses of State teachers' Institute, 162 61 have general supervision of public instruction, 1 10 hold county teachers' institutes annually, 158 60 make annual reports to legislature, 1 10 prepare questions for examination of teachers, 130 51 prescribe forms of teachers' certificates, 13J _ 51 rules for boards of school examiners, 131 _ 51 publish and transmit laws and forms to officers, 3 _ 11 send examination questions to examining officers, 130 51 visit State infetitutions, etc.. 1 10 vacancy in office, how filled, con. prov., art. vii', 3.. 7 when may draw on State Treasurer for aid to teachers' institutes, 161 61 where office shall be kept, con. prov , art. 8, sec. 1 7 SUPERVISION OF SCHOOLS: (See County Board of School Examiners, also Chairman of Board of Inspectors.) SUPERVISOR: certifying and levying of taxes in fractional districts, 68 31 equalization of taxes, 68 ^. 32 liable for not a-sessingtaxes, 146 57 map of township to be filed with. 61 29 to assess judgment against school district, 88 36 one mill tax, 66 :... 30 school taxes, 8 6), 205 30,81 deliver warrant for collection of taxes to township treasurer, 69 32 township clerk to certify taxes to, 62,205 29,81 (See Taxes ) SUPREME COURT DECISIONS: (See Digest of Supreme Court Decisions.) SURPLUS OF DOG TAX: how apportioned, note 87 SURPLUS OF SCHOOL MONEY: how may be appropriated, 27 18 SUSPENSION: of pupils from school, 44 23 teachers' certificates, 133 52 TAXABLE INHABITANTS: duties in relation to formation of district, 9 12 penalty for teglect of duty, 140 56 152 INDEX. TAXES: Page apportionment of surplus dog tax, note 87 when district is divided, 71, 2L2 32, 83 assessed upon division of district, 62 39 assessment of , 65, 66, 510 _ 30,31,81 certifying of, in fractional district, 68 31 duties of township treasurer relative to collection of , 65, 70 30, 32 equalization of, g 68 31 estimated and reported by district board, 36, 205 20, 80 failing to be assessed, to be levied the next year, 65 30 for apparatus and appendages to schoolhouse, 27 18 books for indigent children, 43 22 building schoolhouse or purchase of site, 27 17 incidental expenses, 36 20 judgment against district, 88 36 libraries, 124 48 repairs to schoolhouse, 27 18 school purposes to be paid next to township expenses, 5 72 33 State expenses, con. prov., art. xiv, sec. 1 9 in township before any school is maintained, 66 31 limit of, for certain purposes, 27, 205 17, 18, 81 support of the school, 36 20 moneys raised by, nut to be diverted, 38 21 non-taxpayers not to vote on questions involving taxation, 24 16 one-mill assessment, collection and disposition of, 66 30 how surplus may be applied, 27 : 18 on old district for new, 67 31 report of, by board to township clerk, 37 20 township clerk to supervisor, 62, 205 29, 81 school, in separate column, 306 81 specific, con. prov., art. xiv, sec. 1 9 supervisor to assess, 65, 66, 205 30,31,81 liability of, for not assessing, 146 57 tcpay money borrowed, 83. 35 township treasurer to pay to other treasurer, 74, 207 33, 81 warrant for collection of, 69 32 what land exempt from, for building schoolhouse, 27 17 when collected, how apportioned, 64 30 reported to supervisor, 63, 205 % 29,81 who may vote on questions involving taxation, 24 16 (See Moneys, also Supervisor.) TEACHERS: certificates, fees to be paid on obtaining, 156. 59 given by county board of school examiners, 130 51 faculty of University, 217 83 State Board of Education, 270... _ 63 graduates of certain colleges, 218-220.. .. 83, 84 Normal School, 167, 163 62 grades of, and qualifications necessary to obtain, 131 51 necessity of having, to en'itle teacher to pay, 33, 21 record of, to be kept, 133 53 revocation or suspension of , 132, 167, 168, 170, 217 52, 62, 63, 83 close school to attend institute, 159 60 contracts with, 40, 109 21,44 employment of, 40, 109, 204 21,44,80 examination of, by county board of examiners, 129, 130 60, 51 State Board of Education, 170... 63 INDEX. 153 TEACH ERS Continued : Page give instruction regarding prevention of communicable dissases, 221 84 list of, to be furnished township clerk, 133 53 examined by inspectors, 56 28 not to act as agent for school books and furniture, 148 57 apply in certain districts, 149 57 public money not to be paid to, without holding certificates, 38 21 qualifications of, 214 82 to be furnished with copy of contract, 40 21 file certificate of instruction in physiology, etc., with director, 42 22 keep school register, 40 21 TEACHERS' ASSOCIATIONS: formation and incorporation of, 171-173 64, 65 TEACHERS' INSTITUTES : aid from State Treasurer to, 161 61 annual institute in each county, 158 60 conductor of, may be appointed, 159 60 counties may be united in, 158 60 expenses of, how paid, 160 60 vouchers for, where filed, 163 61 funds for support of, how raised, 156, 157 59 State institute, expenses of, paid from State Treasury, 162 61 to be held annually, 162 61 teachers may close school to attend, 159 60 TERM OF OFFICE: of district officers, 28, 107, 198 19,43,78 members of board of school examiners, 126 ^. 49 State Board of Education, con. prov., art. xiii, sec. 9 9 Kegentsof the University, con. prov., art. xlii, sec. 6 8 State officers, con. prov., art, viii, sec. 2 7 township officers, 153, 154, 198 58, 59,78 TEXT-BOOKS: district board to advertise for proposals when authorized by district, 193 71 estimate amount necessary to purchase, 194 71 incur penalty for failure to comply with thalaw, 196 72 make contract for furnishing, 193 71 purchase when autnorized, 192, 193. 70,71 to vote on question of furnishing, 193 71 on physiology and hygiene to be approved by State Board of Education, 42 22 to be furnished to indigent children, 43 22 prescribed by district board, 43 22 the property of the district, 193 , 71 uniformity of , sees. 1-11, 57 72-77 when board to purchase, 195 72 TOWNSHIP BOARD: duties of, in case of appeal from inspector's action, 104-106 41, 42 may remove certain officers, 147 57 to allow accounts of inspectors 28 TOWNSHIP BOARD OF SCHOOL INSPECTORS: appeal from action of, to township board, 104, 106 41, 42 chairman and clerk of, 53 27 to be treasurer of, and give bond, 54 . 28 clerk of, to notify directors of alteration in district, 18 14 taxable inhabitant of formation of district, 9 13 director to report to, 50 25 20 154 INDEX. TOWNSHIP BOARD OF SCHOOL INSPECTORS Continued. Page duties of, concerning libraries, 113-125 46-48 in forming fractional districts, 11 12 liability for neglect to report, 143 56 library money, subject to order of, 72, 204 33,80 may attach certain non-residents, 17 14 member of, may be removed by township board, 147 57 notice and number of meetings, 15, 58, 202 13,28,79 on determining site to certify to directors, 89. 36 penalty for neglect to qualify or perform duties, 142 56 records of, kept in office of township clerk, 59 29 reports, abstracts of, 1 10 examination of, by county commissioner of schools, 133 53 to be made in triplicate, 55 28 restricted in altering boundaries of graded school districts, 110 44 tax determined upon division of a district, 19 14 to account to township board for funds received and disburse!, 57 28 apply for library moneys, 115, 204 46,80 alter boundaries of districts, 8, 16 12, 14 apportion property on division of a district, 19, 20, 212 14, 15, 82 certify facts relating to employment of unqu A! ; fled teachers, 56 28 divide township into school districts, 8 12 examine list of teachers before reporting to county clerk, 56 28 have care of township library, 116 46 number district", 8 12 purchase books for township library, 115, 201 46,80 township clerk to transmit reports of, to county commissioner of schools, 55 28 when may appoint district officers, 30, 108 19, 43 attach personsto districts, 17 14 cell sch :>olhouee site, 19 14 to determine site, 89, 204 36,80 who to constitute board, 53, 203 27,80 TOWNSHIP CLERK: a member and clerk of board of inspectors, 53, 59, 200 27,29,79 duties of, as inspector. 8 59, 200 .. 29,79 election and term of office of, S 152, 154 58, 59 liability for neglect in transmitting reports, 143 .- 56 not reporting taxes to supervisor, 146 57 to apportion moneys to districts, 63, 64 29,30 approve and file bond of chairman of board of inspectors, 51 28 bond of appellants from inspector's actioa, 10i 42 be furnished with list of teachers, 133, 208. 53,81 bring suit on bond of chairman of board of inspectors, 54 28 certify taxes to supervisor, 62,205 29,81 file map of township with supervisor, 61 - 29 forward inspector's reports to county commissioner of schools, 55 28 give notice of formation of new districts, g9, 10, 197 12, 77 meeting of inspectors, I 15. 13 to directors of moneys apportioned, 6t 30 keep records, report?, books, etc., on file, 59, 208 29,81 make map of township showing boundaries of districts, 61 29 not act on township board in case of appeal from inspectors, 106 42 notify county clerk of chairman of board of inspectors, 63 29 director of alterations in district, 18 14 record order for removal of officer, 147 57 proceedings of board of inspectors, 59 29 receive and 'dispose of communications 59 ^ 2ft INDEX. 155 TOWNSHIP CLERK Continued: Page to report taxes to supervisor, 63,305 29,81 transmit to county commissioner of schools reports of inspectors, 55 28 (See Township Board of School Inspectors.) TOWNSHIP SCHOOL INSPECTORS: (See Township Board of School Inspectors.) TOWNSHIP DISTRICT: amount of tax voted, 205 80 board, compensation, 211 81 duties of, 20i 80 meeting of, time and place, 200, 202 79 officers of, 198 7& report of, 208 81 disposition of property, 209 81 division of district, 212 83 organization of, 197-212 77-8 TOWNSHIP LIBRARY: (See Libraries.) TOWNSHIP TREASURER: duties in relation to taxes in fractional districts, 70, 74 32, 33 election and term of office of, 152, 154 58, 59 to apply to county treasurer for moneys, 73 33 give notice to township clerk of moneys, 73, 74 33 hold moneys subject to proper orders and warrants, 72, 204 33, 80 pay library moneys to inspectors, 115, 200, 204 46, 79, 80 school taxes next to township expenses, 72 33 recover penalties, etc., from certain officers, 143, 145 5& warrant for collection of taxes, 69, 70 32 warrants on, to be signed by director and moderator, 47, 48 24 (See Moneys; also Taxes.) TRAINING SCHOOL: in connection with State Normal, 166 62 TREASURER, COUNTY: (See County Treasurer.) TREASURER OF BOARD OF SCHOOL INSPECTORS: (See Chairman of Board of School Inspectors.) TREASURER OF DISTRICT: (See Assessor ) TREASURER, TOWNSHIP: (8ee Township Treasurer.) TRIAL: (See Action, Proceedings; also Suits.) TRUANTS: sent to reformatory institutions in certain cases, 188, sec. 2 69, 70 tried by justices or recorder, 187, sec. 2 68, 70 ungraded school to be provided for, 185 ; 68 who shall be deemed, 186, sec. 1 68, 69 TRUANT OFFICERS: duty to enforce compulsory educational laws, 184 67 examine into cases of truancy, 181 67 institute proceedings in certain cases, 188 69 make complaints in truancy cases, 187 68 warn truants and their parents or guardians, g 184.. 67 how appointed, 183 67 TRUSTEES, BOARD OF: (See Board of Trustees.) 156 INDEX. TUITION: Page may be charged for studies in high school, 109 44 of non-resident pupils, 46 23 UNGRADED SCHOOLS: juvenile disorderly persons to be sent to, 186 68 may be established in graded school districts, 185 68 uniformity of Normal School courses, sec. 1 63 UNIFORMITY OF TEXT-BOOKS: advertising for sealed proposals, sec. 2 73 bid accompanied by affidavit, sec. 2 74 bond, sec. 2 73 board of commissioners, who constitutes, sec. 1 ._. 72 books used in common or primary schools, sec. 8 , 76 branches of study, sec. 1 73 character and quality of books, sec. 1 73 compensation of contractors, sec. 9 77 contract for publication, sees. 4, 5 75 districts exempted, sec. 8 76 labeling of books, sec. 7 * 76 payment for manuscript, sec. 4 75 penalty for extra charges, sec. 6 76 proclamation by Governor, sec. 10 77 profit of retail dealers, sec. 3 74 publication of manuscript by board, eec. 4 75 regarding free compilations, sec. 2 74 State appropriation, sec. 11 77 terms for introduction, sec. 5 75 UNION SCHOOL DISTRICT: (See Graded School District.) UNITED STATES FLA.GS: purchase of, sec. 1 83 UNIVERSITY: constitutional provisions, art. xiii, sees. 6, 8 8 diplomas and certificates to graduates, I 217 83 VACANCY: in board of school examiners, 126 , 49 trustees of graded school district, 108 43 township school district, 201 79 district offices, how occasioned and filled, 29, 30 19 office of regent, con. prov., art. xiii, sec. 6 8 county commissioner of schools, 137 55 State officers, con. prov., art. vili, sec. 3 7 (See Appointment.) VENIRE: in proceedings to obtain site, 91, 93 37 VISITATION: and examination of schools, 133, 204 53,80 VOTERS: challenge of, 25 16 who are qualified, 24 16 (See District Meetings.) VOUCHERS: for accounts of inspectors, 57 expenditures by assessor, 53 ^... 27 payments at teachers' institutes, 163 61 INDEX. 157 WARRANTS: Page on State Treasurer for primary school interest fund, sec. 4 11 township treasurer, 47, 48, 72, 204 24,33,80 to township treasurer, for collection of tares, 69, 70 32 (See Orders; also, Township Treasurer.) WITNESSES: In proceedings to obtain site, 9* 38 WOMEN: eligible to election to district offices, 31 19 officeof school inspector, 155 59 qualified as voters at district meetings, 24 16 right to vote at school election in cities of the fourth class 109 YEAR SCHOOL: when to commence, 21 _ 15