UC-NRLF LB O THE GENERAL SCHOOL LAWS OF MICHIGAN COMPILED AT THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION 1895 15Y AUTHORI-V LANSING ROBERT SMITH & CO., STATE PRINTERS AND BINDERS 1895 LIBRARY OF THK UNIVERSITY OF CALIFORNIA. ( i I R'T ( ) K Received , 790 . Accession No. 827.44 . Class No. _ THE GENERAL SCHOOL LAWS MICHIGAN WITH COMPILED AT THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION 1895 BY AUTHORITY LANSING ROBERT SMITH & CO., STATE PRINTERS AND'BINDERS 1895 THIS VOLUME IS STATE PROPERTY. School officers, on retiring from office, are required by law to deliver this book with all other books and documents of an official character, to their successors in office. See HowelVs Annotated Statutes, Chapter 295. CONTENTS. CONSTITUTIONAL PROVISIONS. Page 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 Districts, - . 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. Libraries, . 46 Chapter XII. Examination of Teachers and Supervision of Schools, . 49 Chapter XIII. Penalties and Liabilities, 56 Chapter XIV. Election of School Inspectors, 58 Chapter XV. Teachers' Institutes, 59 Chapter XVI. Normal School Diplomas and Certificates, 62 Chapter XVII. State Certificates to Teachers, 63 Chapter XVIII. Teachers' Associations, . . 63 Chapter XIX. Safe Keeping of Public Moneys, 64 Chapter XX. Compulsory Education of Children, - 65 Chapter XXIII. To Prevent Crime and Punish Truancy, 68 Chapter XXIV. Free Text-books, . 69 Chapter XXV. Organization of Township Districts, _ 71 Chapter XXVI. Introduction of the Kindergarten, - 76 Chapter XXVII. University Diplomas and Certificates, 77 Chapter XXVIII. College Diplomas and Certificates, 78 Chapter XXIX. Teaching Prevention of Disease, 79 Chapter XXX. Examination for Admission to Agricultural College, _ 79 82744 4 CONTENTS. Page Chapter XXXI. Purchase of United States Flags, 80 NOTE. Apportionment of Surplus Dog-Tax to Districts, . . 80 APPENDIXES. Appendix A. Digest of Decisions of the Supreme Court, 82 Appendix B. Forms for Proceedings, . 101 Appendix C. Rules for Libraries, 113 INTRODUCTORY. Heretofore it has been the custom to publish an edition of the general school laws every fourth year, but the demand this year for a complete compilation which shall contain all the new school laws enacted and amendments made by the legislature of 1895, seems to warrant the issuing of an edition this year, In preparing it the arrangement in the edition of 1893 has been retained as far as practicable, in order that references to each edition may correspond as to chapter and section. This arrange- ment is followed strictly to chapter XX, which chapter is the new law for the compulsory education of children. But this law takes the place of chapters XX, XXI, and XXII of the school laws of 1893, and appears here as chapters XX, while the next chapter is number XXIII. Therefore the five chapters following chapter XX bear the same number as in the edition of 1893, the numbers of these chapters in the two editions thus remaining the same. Chapters XXIX, XXX, and XXXI are new laws which have taken effect during the year 1895. I desire to call the attention of school officers to all of the changes and additions made by the last legislature, and refer to them in their order as published in the book. 1. Amendment to section 17, page 16 qualifications of voters at school meetings. 2. Amendment to section 18, page 16 oath required of challenged voter. 3. Amendment to the eleventh paragraph of section 27, page 18 min- imum number of months in school year raised from three to five. 4. Amendment to section 19, page 24 regulating the rate of tuition of non-resident pupils, and providing for the admission to school of children cared for at county houses. 5. Amendment to the sixth paragraph of section 21, page 25 defining what are necessary appendages to a schoolhouse. l>. Section 20, page 33 repealed by the tax law of 1893. 6 INTRODUCTORY. 7. Amendment to section 11, page 48 proviso omitted. 8. Amendments to sections 1, 3, 4, 5, 11, and 13, of chapter 12 edu- cational qualification of examiner, fixing dates for public exam- ination of teachers, citizenship qualification of teachers, and qualification of city teachers. 9. Amendment to section 15, page 63 indorsement of certificates granted in other states. 10. Chapter XX new law for the compulsory education of children. 11. Amendment to section 1, page 68 truancy. 12. Chapter XXIX new law for teaching prevention of contagious diseases. 13. Chapter XXX new law providing for examination for admission to the Agricultural College. 14. Chapter XXXT new law authorizing the purchase of United States flags. The digest of Supreme Court decisions embodied in appendix "A" has been .brought up to date and the index carefully revised. HENRY R. PATTENGILL, Superintendent of Public Instruction. GENERAL SCHOOL LAWS OF MICHIGAN. CONSTITUTIONAL PROVISIONS. ARTICLE VIII. STATE OFFICERS. IECTION 1. There shall be elected at each biennial elec- state officers to tion, a Secretary of State, a Superintendent of Public * elected - Instruction, a State Treasurer, Commissioner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. They shall keep their offices at where to keep the seat of government, and shall perform such duties as offloes - may be prescribed by law. SEC. 2. Their term of office shall commence on the Term of office, first day 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 vacancy, how State offices, the Governor shall fill the same by appoint- " ment, by and with the advice and consent of the Senate, if in session. filled. ARTICLE XIII. EDUCATION. SECTION 1. The Superintendent of Pubilc Instruction Duties of super- shall have the general supervision of public instruction, SSSffSSoo. and his duties shall be prescribed by law. tlon - SEC. 2. The proceeds from the sales of all lands that school fund. have been or hereafter may be granted by the United States to the State for educational purposes, and the pro- ceeds of all lands or other property given by individuals GENERAL SCHOOL LAWS. 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 appropriated and annu- ally 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 inter- est 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 estab- lish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said schools shall be conducted in the English language. SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its porportion of the income of the primary school fund, and of all funds aris- ing from taxes for the support of schools. SEO. 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 Eegents of the Uni- versity, 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 succeeding their election. At every regular election of a Justice of the Supreme Court thereafter, there shall be elected two Kegents, 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 Eegents thus elected shall consti- tute . the Board of Regents of the University of Michigan. SEC. 7. The Regents of the University, and their suc- cessors 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 president of the University, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, and be the principal executive officer of the University. The Board of Regents shall have the general supervision of the University, and the direction and con- trol 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, Escheats. Free schools. Instruction con- ducted in Eng- lish language. District schools. When deprived of public money, Election of Kegents of the University. Vacancy, how filled. Kegents a body corporate. President of the University, University interest fund. State Board of Education. The minimum number of months to be taught was raised to five months by Legislature of 1895. See Act No. 15, Laws of 1895 [ 11, Compiler's section No. 27. GENERAL SCHOOL LA 1 three members of a State Board of Education; one for two years, one for four years, and one for six years; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The Superintendent of Public Instruction shall superintendent be c.r officio a member and secretary of such board. The SfruSion ?" board shall have the general supervision of the State memb r. Normal School, and their duties shall be prescribed by care of normal law. SEC. 10. Institutions for the benefit of those inhabitants Asylums. who are deaf, dumb, blind, or insane, shall always be fos- tered and supported. SEC. 11. The Legislature shall encourage the promotion Agricultural of intellectual, scientific, and agricultural improvement; and 8Chool> shall, as soon as practicable, provide for the establishment of an agricultural school. The Legislature may appropri- ate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the Univer- sity, for instruction in agriculture and the natural sciences connected therewith, and place the same under the super- vision of the Regents of the University. SEC. 12. The Legislature shall also provide for the Libraries, establishment of at least one library in each township and city ; and all fines assessed and collected in the sev- penai fines to eral counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township or the board of education of any city: Provided, That in no case shall such fines be used for proviso, 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, university, and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the pri- mary school interest fund. The Legislature shall provide Tax for state for an annual tax, sufficient with other resources, to pay expense8 - the estimated expenses of the State government, the inter- est of the State debt, and such deficiency as may occur in the resources. 10 GENERAL SCHOOL LAWS. STATUTORY PROVISIONS. Act No. 164, Laws of 1881, ae amended by Session Laws of 1883-85-87- 89-93-95. CHAPTER I. THE SUPERINTENDENT OF PUBLIC INSTRUCTION. powers and report. Contents of. (1.) SECTION 1. The People of the State of Michigan enact, That the Superintendent of Public Instruction shall have general supervision of public instruction and of all State institutions, other than the University, that are essen- tially educational in their character; and it shall be his duty among other things, to visit the University, the Agri- cultural 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 institutions at last once TO mate annual in each year. He shall also prepare annually and trans- mit to the Governor, to be by him transmitted to the Legislature at each biennial session thereof, a report con- taining : First, A statement of the condition of the University and of each of the several State educational institutions. all incorporated institutions of learning, and the primary, graded, and high schools; Second, Estimates and amounts of expenditures of all educational 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 docu- ments, 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 inspectors 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 expe- dient to communicate. (2.) SEC. 2. He may appoint a deputy superintendent of public instruction and revoke such appointment in his discretion, 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 Superintendent. (3.) SEC. 3. The Superintendent of Public Instruction shall compile and cause to be printed all general laws Deputy Super- intendent. Duties of. GENERAL SCHOOL LA relating to schools, together with all necessary forms, reg- school laws to illations, and instructions for conducting all proceedings ^Sied e wi?h d under said laws, or relative to the organization and gov- forms, etc. ernment of the schools, including rules and regulations for the management of township 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 Apportionment from the Auditor General of the amounts thereof, and schfffund, between the first and tenth days of May and November, etc - apportion the primary school interest fund among the several townships and cities of the State, in proportion to the number of children in each between the ages of five see APP. A, 154. and twenty years, as the same shall appear by the reports of the several boards of school inspectors made to him for the school year closing prior to the May apportion- ment, and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the Auditor General, who shall thereupon draw his warrant upon the State Treasurer in favor of the treasurer of each county for the amount payable to each county. He shall also send written notices to the Notice to clerks of the several counties of the amount in the aggre- gate to be disbursed in their respective counties, and the amount payable to the townships and cities therein respect- ively. (5.) SEC. 5. Whenever the returns from any county, proceedings m township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, town- ship, city, or district shall be so far defective as to ren- der 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 ascer- tain 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 when deficiency district, through failure or error in making the proper Sfned^he^ext report, shall fail to receive its share of the primary school y ear - interest fund, the Superintendent of Public Instruction, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said Superintendent that any district has had three months' school, but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school interest fund in his discretion. (7.) SEC. 7. The Superintendent of Public Instruction other duties of shall perform such other duties as are or shall be required Sl of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, 12 GENERAL SCHOOL LAWS. maps, records, reports, and all other papers belonging to his office or which may have been received by him for the use of his office. Inspectors to form districts. May alter boundar- ies of. See App. A, 148. Township clerk to deliver notice of formation to inhabitant. See App. B, forms 1, 2, 3. Inhabitant to serve notice of first meeting. See 139. Keturn of notice. Notice and return to be recorded. Proceedings in case of failure to organize district. Formation of fractional districts. CHAPTER II. FORMATION, ALTERATION, MEETINGS, AND POWERS OF DISTRICTS. (8.) SECTION 1. The township board of school inspect- ors shall divide the township into such number of school district as may from time to time be necessary, which dis- tricts 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 composed 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 writ- ing of the formation of such district, describing its bound- aries, and specifying the time and place of the first meet- ing, 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 inhabitant, when he shall have notified the qualified voters as required 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 chair- man 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 aforesaid, the said clerk shall give a new notice in the manner hereinbefore provided, and the same pro- ceedings shall be had thereon as if no previous notice had been delivered. (11.) SEC. 4. Whenever it shall be necessary or con- venient to form a district from two or more adjoining town- ships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a fractional district, and direct which town- ship clerk shall make and deliver the notice of the forma- tion of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may ren- GENERAL SCHOOL LAWS. 13 der necessary in the same manner that other districts are altered. The annual reports of the director of such dis- TO whom ai- trict shall be made to the inspectors of the township in which the schoolhouse may be situated, and the inspectors of such township shall number said district. (12.) SEC. 5. Every such school district shall be when district deemed duly organized when any two of the officers elected at the first meeting shall have filed their acceptances in writing with the director, and the same shall have been recorded in the minutes of such first meeting. Every presumption of school district shall, in all cases, be presumed to have ISX,"*" 1 " been legally organized, when it shall have exercised the franchises and privileges of a district for the term of two years; and such school district and its officers shall be entitled to all the rights, privileges, and immunities, seeApp. A, and be subject to all the duties and liabilities conferred*^ 25 ' 29 ' 39 ' 47 - upon school districts by law. (13.) SEC. 6. The record of the first meeting made by Director's rec- the director shall be prima facie evidence of the f acts JJJ Jj Jj 8 * eet " therein set forth, and of the legality of all proceedings aence. in the organization of the district prior to the first dis- trict 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 pursu- school districts ance of this chapter, or which has been organized and JJ^JJJJ, 168 continued under any previous law of the State or terri- tory of Michigan^ shall be a body corporate and shall possess the usual powers of a corporation for public pur- poses, by the name and style of "School District Number Name and style. - (such number as shall be designated in the forma- tion thereof by the inspectors), of - ' (the name of the township or townships in which the district is situated), and in that name shall be capable of suing and being Power8 ofi 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 m- shall contemplate an alteration of the boundaries of a district, 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' notice of the time and place of the meeting of the inspectors and the alterations proposed, by posting such notice in Notice of. three public places in the township or 'townships, one ofseeApp. B, which notices shall be in each of the districts that may form16 - 14 GENERAL SCHOOL LAWS. be affected by such alteration. Whenever the board of 8C k 00 j inspectors of more than one township meet, they shall elect one of their number chairman and another clerk thereof. (16.) SEC. 9. The inspectors may, in their discretion, detach the property of any person or persons from one district and attach it to another, except -that no land which has been taxed for building a schoolhouse shall be set off into another school district for the period of three years thereafter, except by the consent of the owner thereof ; and no district shall be divided into two or more districts without the consent of a majority of the resident taxpayers of said district, and no two or more districts be consolidated without the consent of a majority of the resi- dent taxpayers of each district. (17.) SEC. 10. The inspectors may attach to a school district any person residing in a township and not in anv organized district, at his request; and for all district purposes except raising a tax for building a schoolhouse, such person shall be considered as residing in such dis- trict, 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 oases 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 district affected by the alteration, a notice in writing setting forth the action of the inspectors and defining the altera- tions that have been made. n, 36, 38, 46. powers of m. 3Srtc5. to lter seeApp.A, SJIsfis 3 , 7 ^! 1 ' when consent of bTobSed*. see 110. persons out of cases certaln Township cierk districts. seeApp. B, DIVISION OF PROPERTY. when district is f iV be e a d ppor- pertF tioned. see APP. A, ITU 3,4,40,98,105. when school- Snot needed, may be sold. ' proceeds of sale uoned app r ~ (19.) SEC. 12. When a new district is formed in whole or i Q part, from one or more districts possessed of a school house or entitled to other property, the inspectors, at the time of forming such new district or as soon thereafter flg ma y j^ 8 |j a ii ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school house and other property belonging to the former district, at the time of such division; and whenever by the division ^ anv district, the sohoolhouse 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 sohoolhouse and site shall be located, may advertise an d se M the same, and apportion the proceeds of such sale and also any moneys belonging to the district thus (19.) Upon investigation we are of the opinion that the school inspectors of the township have full and absolute control over the advertisement, sale, and apportionment of the proceeds among the several districts, erected in whole or in part therefrom. Fan Riper, Attorney General, July 24, 1882. GENERAL SCHOOL LAWS. 15 divided, among 'the several districts erected in whole or in part from the divided district. ($20.) SEC. 13. Such proportion shall be ascertained and HOW proportion determined according to the value of the taxable property of the respective parts of such former district at the time of the division, by the best evidence in the power of the 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 proviso, estate thus set off, and 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 dis- Annual meeting. trict shall be held on the first Monday of September in each year, and the school year shall commence on that day : Provided, That any school district that shall so determine school year, at an annual meeting, or at a special meeting duly called for that purpose, may hold its annual meeting on the second Monday of July in each year, or in the same Date of annual 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, fur- ther, That such action in either case shall not change the time of the commencement of the school year or the tak- ing of the annual school census. (22.) SEC. 15. Special meetings may be called by the special meet- district board ; and it shall be the duty of said board, or ln * 8 any of them, to call such meetings on the written request of not less than five legal voters of the district, by giv- seeApp. B, ing the notice required in the next succeeding section ; form 8t but no special meeting shall be called, unless the business when mar not to be transacted may lawfully come before such meeting, * and no business shall be transacted at a special meeting Business of to unless the same be stated in the notice of said meeting, notice!** 1 (23.) SEC. 16. All notices of annual or special district Notice of meetings, after the first meeting has been held as afore- m said, shall specify the day and hour and place of meet- see APP. B, ing, and shall be given at least six days previous to such form87 ' 9 ' meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meeting shall be posted at the outer door of the district schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That when any Duty of district of the district board shall receive a request to call a special n Sice. t08lve 16 GENERAL SCHOOL LAWS. When annual meeting not il- legal for want of notice. Who are quali- fied voters at district meet- ings. 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 aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraud- ulent. (24.) SEC. 17. Every citizen a of the age of twenty-one years, who has property assessed for school taxes in any school district and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory belonging to such district at the time of holding said meeting, shall be a qualified voter in said meeting upon all questions, and all other citizens* who are 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 terri- tory 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 district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presid- ing 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 with- drawn, the chairman shall tender to him an oath in sub- stance as follows: "You do swear (or affirm) that you are a citizen b 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 per- mitted to vote upon all questions proposed at such meet- ings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen b of the United States, that you have been for the last three months an actual resident of this school district or resid- ing upon territory now attached to this school district, and that you are the parent or legal guardian of one or more childen 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 Challenging voters. Oaths to be tendered chal- lenged voters. raise oath deemed perjury. a Amended by Act No. 15, Pnblic Acts of 1895. *> Amended by Act No. 258, Pnblic Acts of 1895. GENERAL SCHOOL LAWS. 17 provisions of this section, shall be deemed guilty of per- jury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote and treated in the same manner. (26.) SEC. 19. If at any district meeting any person Disorderly per- shall conduct himself in a disorderly manner and, after notice from the moderator or person presiding, shall per- sist therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who shall refuse to withdraw from such penalty for di&- meeting on being so ordered as herein provided, and also }J bln8: meet " any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprison- ment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the wnoBhaii have township, ward, or city where such offense shall be com- iJtSlf 101 mitted, shall have jurisdiction to try and determine the same. (27.) SEC. 20. The qualified voters in any school dis- Powers of vot- trict when lawfully assembled at the first and at each SJe*b2f rh annual meeting, or at any adjournment thereof, or at any special meeting lawfully called, except as hereinafter pro- vided, shall have power: First, At the first meeting and at any meeting after the TO appoint tem- organization of the district, in the absence of the moder- poraryofl ator, to appoint a chairman for the time being, and in the absence of the director to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify the same to the director, to be by him entered in the records of the district; Second, To adjourn from time to time as occasion may May adjourn, require; Third, To elect district officers as hereinafter provided; TO elect officers. Fourth, To designate, as hereinafter provided, a site or %$&&' such number of sites as may be desired for schoolhouses, JJJJJJ 8ChooU and to change the same when necessary; see89. Fifth, To direct the purchasing or leasing of a site or TO direct pur- sites, lawfully determined upon ; the building, hiring, or "" purchasing of a schoolhouse or houses, or the enlarging of a site or sites previously established; Sixth, To vote such tax as the meeting shall deem TO vote tax for sufficient, to purchase or lease a site or sites, or to build, bl ~. * eight.) 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 in their official capacity, bnt in the name of snch district. Fan Riper, Atty. Gen., July 24, 18 GENERAL SCHOOL LAWS. taxable. To vote tax for certain purposes. See App. A, HIT 7 ,101. Limit of tax. hire, or purchase a schoolhouse or houses: but the amount of taxes to be raised in any district for the purpose of purchasing or building a schoolhouse or houses in the same year that any bonded indebtedness is incurred, shall not exceed in districts containing 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 hundred dol- lars; and in districts having between thirty and fifty chil- dren of like age, it shall not exceed one thousand dollars, when land not No legal subdivisions [subdivision] of land shall be taxed for building a schoolhouse, unless some portion thereof shall be within two and one-half miles of said school- house site; Seventh, To impose such tax as shall be necessary to keep their schoolhouse or houses in repair, and to provide the necessary appendages and school apparatus, and in dis- tricts having district libraries, for the support of the same, and to pay and discharge any debts or liabilities of the district lawfully incurred, and also to pay for the services Limit of tax. of any district officer. The tax herein authorized to be t 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 school- house, site, building, or other property belonging to the district, when the same shall no longer be needed for the use of the district; Direct in regard Ninth, To give such directions and make such provi- sions as they shall deem necessary in relation to the prose- cution 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; At annual meet- Eleventh, *At the first and the annual meeting only, to iSw 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 in a Term or office district office shall hold such office until the next suo- ceeding annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. (28.) School district officers cannot be elected by a bare plurality vote. In electing officers the 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. (29.) The temporary absence of the assessor does not create a vacancy in the office. If his family continues to 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. Tan Riper Atty. Gen., Feb. 3, 1332. 20 GENERAL SCHOOL LAWS. Who are eligible to hold office. Acceptances of offices to be filed. See App. B, form 5. District board, when meetings of may be called. Necessity of meeting to valid action by board. Quorum of board. Board to pur- chase record books, etc. See App. A, IT 103. Board to pur- chase site and build school- house. See App. A, HIT H4, 124. Necessity of title or lease to site before building schoolhouse. See App. B, forms 23, 24, 25. Board to esti- mate tax for support of schools. (31.) SEC. 4. Any qualified voter in a school district who has property liable to assessment for school taxes shall be eligible to election or appointment to office in such school district, unless such person be an alien. (32.) SEC. 5. Within ten days after their election or appointment, the several officers of each school district shall file -with the director written acceptances of the offices to which they have been respectively elected or appointed, and such acceptances shall be entered in the records of the district by said director. (33.) SEC. 6. The moderator, director, and assessor shall constitute the district board. Meetings of the board may be called by any member thereof by serving on the other members a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board shall be valid, unless voted at a meeting of the board. A majority of the members of the board at a meeting thereof shall be necessary 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 purcl^se or lease, in the corporate name of the district, such sites for school- houses as shall have been lawfully designated, and shall build, hire, or purchase such schoolhouses as may be necessary out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no dis- trict 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 quali- fied voters of the district at any annual or special meet- ing 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 (83.) 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. Kirchner, Atty. Gen., Dec. 4, 1877. (38.) 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. (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 in good faith and for a valuable consideration. The non-payment of rent does not ipso facto terminate the lease. Kirchner, Atty. Gen., Sept. 26, 1877. GENERAL SCHOOL, LAWS. 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 esti- Limit of tax m mate, including the district's share of the primary school certalQCase8 - 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 when board and voted by the district board under the provisions of Soney " 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 Board to report first and third Mondays in September in each year, make fo^owMhuT out and deliver to the township clerk of each township clerk - in which any part of the district is situated, a report in see APP. B, writing under their hands of all taxes voted by the dis- fo trict 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. (38.) SEC. 11. The district board shall apply and pay Board to apply over all school moneys belonging to the district, in accord- {n^^ia 1 *? " 1 " ance with the provisions of law regulating the same; and no money raised by district tax shall be used for any other purpose than that for which it was raised, without a consenting vote of two-thirds of the tax paying voters of the district; and no moneys received from the primary school interest fund, nor from the one-mill tax, except as provided by law, shall be appropriated to any other use than the payment of teachers' wages, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from proper legal authority before the commencement of his school. No school dis- sectarian trict shall apply any of the moneys received by it from Jrompum" 63 the primary school interest fund or from any and all moneys. other sources, for the support and maintenance of any school of a sectarian character, whether the same be under the control of any religious society or made sectarian by the school district board. (39.) SEC. 12. Said board shall present to the district, Board to make at each annual meeting, a report in writing, containing an ai accurate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the disbursements made by them, with the items of such receipts and disbursements. Such report shall also contents of. contain a statement of all taxes assessed upon the taxable property of the district during the preceding year, the pur- (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 was raised, unless by vote of two-thirds of the tax paying voters of the district. I think this section must be strictly and literally observed Kirchner, Atty. Oen., Sept. 26, 1877. 22 GENERAL SCHOOL LAWS. B forms26, 27. contracts. school register see 147. contracts to be Teacher must 91, 92, 93, 94. school month Care and use of schoolhouse. poses for which such taxes were assessed, and the amount assessed for each particular purpose; and said report shall be entered by the director in the records of the district. Board to hire (40.) SEC. 13. The district board shall hire and con- tract with such duly qualified teachers as may be required; and all contracts shall be in writing and signed by a major- ity of the board on behalf of the district. Said contracts shall specify 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, and the number of days each pupil is present, and to furnish the director with a cor- rect copy of the same at the close of the school. Said contract shall be filed with the director, and a duplicate copy of the contract shall be furnished to the teacher. No contract with any person not holding a legal certifi- cate of qualification then authorizing such person to teach shall be valid; and all such contracts shall terminate, if the certificate shall expire by limitation and shall not immediately be renewed, or if it shall be suspended or revoked by proper legal authority. A school month within the meaning of the school laws shall consist of four weeks of five days in each week, unless otherwise specified in the teacher's contract. (41.) SEC. 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 meet- ings, 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 [dis- tricts] and, in addition to the branches in which instruc- tion is now required by law to be given in the public schools of the State, instruction shall be given in physi- ology 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 instruction 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 mat- ter relating to this subject. Text-books used in giving the foregoing instruction shall first be approved by the State Board of Education. Each school board making a Board may ex- me^t e ini b at c cer- tam times. Board to specif y instruction m ShygSne, required. to be approved GENERAL SCHOOL LAWS. 23 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 pro- vided in section thirteen of this act, to certify therein whether or not instruction has been given in the school or grade presided over by such teacher as required by this act; and it shall be the duty of the director of the dis- trict to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing to comply with any of the provisions of this act shall be subject to fine or forfeiture, the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the State, including schools in cities or villages, whether incorporated under special charter or under the general laws. (43.) SEC. 16. The district board may purchase at the Purchase of expense of the district such text-books as may be necessary JJJJJJ" poor for the use of children, when parents are not able to furnish the same; and they shall include the amount of such purchase m 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 gen- Board to estab- eral care of the school, and shall make and enforce suit- schooT. 168 f r able rules and regulations for its government and manage- see APP. A, ment and for the preservation of the property of the dis-^ 64 - trict. Said board may authorize or order the suspension May suspend or or expulsion from the school, whenever in its judgment the " jSpS 01 " 10 '" interests of the school demand it, of any pupil guilty of gross misdemeanor or persistent disobedience. Any person penalty for dis- who shall disturb any school by rude and indecent behavior, turbln * 8Cho 1 - or by profane or indecent discourse, or in any other way make such disturbance, shall on conviction thereof be pun- ished by a fine not less than two nor more than fifty dollars or by imprisonment in the county jail not exceed- ing thirty days. (45.) SEC. 18. All persons residents of any school dis- who can attend trict and five years uf age shall have an equal right to M: attend any school therein, and no separate school or (44.) It is not competent for the district board to assume the expense 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 permanent 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, ia " not actually a resident of said district." A minor having parents living, partakes of the domicile of his or her parents. Kirchner, Attorney General, Jan. 25, 1879. 24 GENERAL SCHOOL LAWS. No separate school on ac- count of race, etc. See App. A, [ 113. Grading not prevented. Non-resident pupils' tuition. Proviso. Moderator. To preside. To countersign warrants and orders. See App. A, 1HI 55, 57. To bring suit on assessor's bond. Other duties. department shall be kept for any persons on account of race or color: Provided, That this shall not be construed to prevent the grading of schools according to the intel- lectual progress of the pupil, to be taught in separate places as may be deemed expedient. (46.)* SEC. 19. The district board may admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same, which tuition shall not be greater than fifteen per cent more than the average cost per capita for the number of pupils of school age in the district. Children who are being cared for at county expense shall be admitted to the school in the district whose schoolhouse is nearest the county house, on the same terms that other non-resident pupils are admitted. When non-resident pupils (their parents or guardians) pay a school tax in said district, such pupils shall be admitted to the schools of the district, and the amount of such school tax shall be credited on their tuition, a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference therein. (47.) SEC. 20. It shall be the duty of the moderator of each school district: First, To preside, when present, at all meetings of the district and of the board; Second, To countersign all orders legalfy drawn by the director upon the assessor for moneys to be disbursed by the district, and all warrants of the director upon the township treasurer for moneys raised for district purposes or 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. DIRECTOE. Director. To be clerk. To keep and re- cord minutes. To give notices of meetings. See App. B, forms 7,9. (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 meet- ings, 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 dis- trict meeting, and of all such special meetings as he shall be required to give notice of in accordance with the pro- visions of law; * Amended by Act No. 181, Public Acts of 1895. (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. Van Riper, Attorney General, Feb. 8, 18S2. GENERAL SCHOOL LAWS. 25 Fourth, To draw and sign warrants upon the township TO draw and treasurer for all moneys raised for district purposes or 2S? m, dust-pan, duster, wash-basin and soap. Seventh, To keep an accurate account of all expenses TO keep account, incurred by him as director, and such account shall be audited by the moderator and assessor, and on their writ- ten order shall be paid out of any money provided for the purpose; Eighth, To present at each annual meeting an estimate TO present esti- of the expenses necessary to be incurred during the ensu- ing year by the director as provided by law, and for meeting, payment of the services of any district officer; J\7?i//z, To preserve and file copies of all reports made T o preserve to the school inspectors, and safely preserve and keep all books, papers, and other documents belonging to the office men*. 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. (49.) SEC. 22. It shall be the duty of the director or T o take school such other person as the district board may appoint, cen8U8 - within ten days next previous to the first Monday in September in each year, to take the census of the dis- trict and make a list in writing of the names and agesusttooe sworn to. * As amended by Act No. 258, Public Acts of 1895. (48, paragraph 6.) I think the director has power to provide new patent seats, if in his judgment such acquisition is "necessary." It is a general principle of law that when- ever a power may be exercised by any person in certain emergencies, in the absence of any provision to the contrary, the person who is to execute the power must decide whether the emergency is sufficient for him to act. The director must decide what is nec- essary and he is responsible for any abuse of power. The word " necessary " as used in Sec. 48, must not be understood in its literal sense; i. e., things that cannot be done with- out. In such a sense none of the conveniences and apparatus found in schools would be necessary. I take it that all such things are necessary which, in the judgment of the director, would promote the efficiency and welfare of the school, having due regard to all the circumstances of the case. Kirchner, Atty. Gen., July 31, 1877. 4 GENERAL SCHOOL LAWS. List to be filed with township clerk. What children not included. To make annual reports to In- spectors. Contents of. of all the children between the ages of five and twenty years residing therein; and a copy of said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that it is a correct list of the names of all the children between the ages aforesaid residing in the district, which affidavit may be made before the clerk of the township; and said list shall be returned with the annual report of the director to the township clerk. Chil- dren in almshouses, prisons, or asylums, not otherwise resi- dents of the district and not attending the school, shall not be included in the said census; nor shall Indian children be so included, unless they attend the school or their parents are liable to pay taxes therein. (50.) SEC. 23. The director shall also, at the end of the 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 township, showing: First, The whole number of children belonging to the district between the ages of five and twenty years, accord- ing to the census taken as aforesaid; Second, The number attending school during the year under five, and also the number over twenty years of age; Third, The number of non-resident pupils of the dis- trict 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 ye#r 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 town- ship 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 Superintend- ent of Public Instruction shall direct. (51.) SEC. ?4. 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 director of fractional district to report. GENERAL SCHOOL, LAWS. 27 ASSESSOR. (52.) SEC. 25. It shall be the duty of assessor of each Assessor, chool district: ^sT^' First, To execute to the district and file with the TO give bond, lirector within ten days after his election or appointment, seeApp. B, . bond in double the amount of money to come into his form6> lands as such assessor during his term of office, as near as he same can be ascertained, with two sufficient sureties, o be approved by the moderator and director, conditioned Bond to be or the faithful application of all moneys that shall come appro ' nto his hands by virtue of his office, and to perform all he duties of his said office as required by the provisions )f this act. Said bond shall be filed with the director Bond med with ind, in case of any breach of the condition thereof, the di noderator shall cause a suit to be commenced thereon in when suit to ;he name of the district; and any moneys collected thereon SJereon*" *ball be paid into the township treasury, subject to the Drder of the district officers, and shall be applied to the same purposes as the monejs lost should have been \pplied by the assessor; Second, To pay all orders of the director, when lawfully TO pay proper irawn and countersigned by the moderator, out of any ordew - moneys in his hands belonging to the fund upon which 3uch orders may be drawn; Third, To keep a book in which all the moneys TO keep record received and disbursed shall be entered, the sources from SisSSemeiS?. 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 TO make annual of the school year a report in writing, containing a state- ma^ara 18 ment of all moneys received during the preceding year and of each item of disbursements made, and exhibit the voucher therefor; Fifth, To appear for and on behalf of the district in all TO appear for suits brought by or against the same, when no other direc- dl tions shall be given by the qualified voters in district meet- seeApp. A, ing, except in suits in which he is interested adversely to ^ (52.) Is a district assessor justifiable under the law in refusing to pay an order drawn for any purpose not authorized by law. although such order is duly signed by the director and countersigned by the moderator? Cases may arise in which the assessor is in duty bound not to pay such orders. Kirchner, Atty. Gen., May 22, 1880. ($)2.) The sureties on a bond executed by the assessor of the school district are not responsible for acts or omissions occurring beyond the period for which the assessor was elected. In case of his reelection a new bond should be ffiven. Kirchner, Atty. Gen., Dec. 4, 1877. (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 additional bonds. He has never been requested so to do by the moderator and director. Laterally the director requested him to execute an official bond and 8. replied that he could not do so just then, and thereupon and without any further proceedings the district treated the office of assessor as vacant and proceeded at once to an election to fill said supposed vacancy. I am entirely clear that Mr. S. has not forfeited his office and that he is not only justified, but it is his duty not to pass over any of the papers pertain- ing to the office or any of the school district's moneys; but Mr. S. should give 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. After filing the bond Mr. 8. should continue to administer the office of assessor. Kirchner, Atty. Gen., Sept. 18, 1879. 28 GENERAL SCHOOL LAWS. the district; and in all such cases the moderator shall appear for such district, if no other direction be given as aforesaid ; TO deliver to MS Sixth, At the close of his term of office to settle with the district board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belong- ing to the office of assessor, together with all district moneys remaining on hand; Seventh, To perform such other duties as are or shall be by law required of the assessor. other duties. CHAPTEK IV. TOWNSHIP OFFICERS. TOWNSHIP BOARD OF SCHOOL INSPECTORS. Board of school inspectors. See 142, 148. 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. (53.) SECTION!. The school inspectors of each township, together with the township clerk, shall constitute the town- ship board of school inspectors. Said board shall meet within twenty days after the first Monday in April in each year, and elect one of their number, other than the town- ship clerk, 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 dur- ing his term of office, as near as the same can be ascer- tained, 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-fulfilment thereof, said clerk shall cause a suit to be commenced 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 set- ting forth the whole number of districts in their townships, the amount of money raised and received for township and district libraries, and such other items as shall from year to year be required by the Superintendent of Public Instruction, together with the several particulars set forth in the reports of the school directors for the preceding year; and the township clerk shall, within ten days there- after, forward two copies of the same to the secretary [com- (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. GENERAL, SCHOOL LAWS. 29 oissioner] of the county board of school examiners, and ile the other copy in his office. (56.) SEC. 4. It shall be the duty of the school inspectors to nspectors, before making their annual report, as required " q^aufled 1 jy the preceding section, to examine the list of legally teachers. qualified teachers on file in the office of the township jlerk ; and if in any school district a school shall not aave been taught for the time required by law during the preceding school year by a legally qualified teacher, no part TO report dis- Df the public money shall be distributed to such district, pVoySi'su*?." although the report from such district 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 inspectors to render to the township board, on the Tues- day next preceding the annual township meeting, a full and board - true account of all moneys received and disbursed by them as such inspectors during the year, which account shall be settled by said township board and such disbursements allowed, if the proper vouchers are presented. (58.) SEC. 6. The whole number of meetings of the Number of township board of school inspectors at the expense of the SJSSSsf township, during any one school year shall not exceed eight; see APP. A. TT i. but this shall not be construed to prevent said board hold- ing further meetings in case of necessity, provided no expense to the township be incurred. TOWNSHIP CLERK. (59.) SEC, 7. The township clerk shall be the clerk of Township cierk the board of school inspectors by virtue of his office, and shall attend all meetings of said board, and, under their direction, prepare all their reports and record the same, and shall record all their proceedings. He shall also Duties as such, receive and keep all reports to inspectors from the directors of the several school districts in his township, and all the books and papers belonging to the inspectors, and file such papers in his office; and he shall receive all such com- seeu2, 143. munications, 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 Super- intendent. (00.) SEC. 8. It shall be the duty of the township clerk TO notify county annually, immediately after the organization of the board SSJonSSlT of school inspectors of his township, to transmit to the of inspectors. county clerk a certified statement of the name and post- office address of the chairman of said board; and in case there shall be a change in such chairman during the year, he shall immediately notify the county clerk of such change. >1.) SEC. 9. Each township clerk shall cause a map to TO make map be made of his township, showing by distinct lines thereon of the boundaries of each school district and parts of school 30 GENERAL SCHOOL LAWS. Where map to be filed. When new map to be made. To report to supervisor all school taxes. See 146. See App. B, form 22. districts therein, and shall regularly number the same thereon as established by the inspectors. One copy of such map shall be filed by the said clerk in his office, and the other copy he shall file with the supervisor of the township; and within one month after any division or alteration of a district, or the 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 of each township, on or before the first day of October of each year, to make and deliver to the super- visor of his township a certified copy of all statements on file in his office of moneys proposed to be raised by taxation in each of the several school districts of the township for school purposes. He shall also certify to the supervisor the amount to be assessed upon the taxable property of any school district retaining the district school- house or other property, on the division of the district, as the same shall have been determined by the inspectors, and he shall also certify the same to the director of such district, and to the director of the district entitled thereto. (63) SEC. 11. On receiving notice from the county treasurer of the amount of school moneys apportioned to his township, the township clerk shall apportion the same amount to the several districts therein entitled to the same, in proportion to the number of children in each between the ages of five and twenty years, as the same shall be shown by the annual report of the director of each dis- trict for the school year closing prior to the May appor- tionment. (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 treas- urer, 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 children in each district draw- ing money, and the amount apportioned 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. - To apportion school moneys received from county treas- urer. See App. B, form 20. To apportion school taxes. Statement to township treasurer. See App. B, forms 20, 21. To notify direct- ors of amount apportioned to districts. TOWNSHIP SUPERVISOR AND TREASURER. Assessment and d?8trict taxe f s see 146. (65.) SEC. 13. It shall be the duty of the supervisor ^ ^ ne 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 town- ship, upon the taxable property of the district or town- ship respectively, and to place the same on the township assessment roll in the column for school taxes, and the GENERAL SCHOOL LAWS. same shall be collected and returned by the township treas- urer in the same manner and for the same compensation as township taxes. If any taxes provided for by law for raxes not a*, school purposes shall fail to be assessed at the proper JSo'Sfrume. time, the same shall be assessed in the succeeding year. (66.) SEC. 14. The supervisor shall also assess upon the Assessment of taxable property of his township one mill upon each dol- OI lar of the valuation thereof in each year, and report the HOW applied, aggregate valuation of each district to the township clerk, who shall report said amount to the director of each school district in his township, or to the director of any frac- tional school district a portion of which may be located in said township, before the first day of September of each year; and all money so raised shall be apportioned when forfeited by the township clerk to the district in which it was bi raised; and all money collected by virtue of this act dur- ing the year on any property not included in any organ- ized district, or in districts not having, during the previous school year, three months' school in districts having less than thirty children, or five months' school in districts hav- ing 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 benowappor- apportioned to the several other school districts of said tl< township, in the same manner as the primary school inter- est fund is now apportioned. All moneys accruing from where accrued the one mill tax in any township, before any district shall J^onJ 8 8l have a legal school therein, shall belong to the district in which it was raised, when they shall severally have had a three months' school by a qualified teacher. >7.) SEC. 15. The amount to be assessed upon the when district is taxable property of any school district retaining the school- faxls'toST* 1 house or other property, on the division of a district as assessed. the same shall have been determined by the inspectors, shall be assessed by the supervisor in the same manner as if the same had been authorized by a a vote of such (65.) A supervisor in levying school taxes erroneously included a part of the territory of one district in an adjoining district ; and, when the tax was collected, it was paid to the districtl 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 successfully 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 taxpayer from afterwards complaining of it; but the payment of an illegal tax, if refused, cannot be enforced (Wattles vs. City of Lapeer. 40 Mich., 625. The People ex rel. Gebhart vs. East Saginaw, 30 Mich., 338). The taxes thus illegally assessed do not belong to either school district, therefore the one cannot sue the other for the recovery 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 protest, 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. (66.) The only statute I notice relative to the assessment of school taxes is section 5090, 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 district, 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 another township another rule would apply. I do not think sections 10 and 11, Laws of 18fc5, 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. Taggart, Atty, Gen. that the party tc 32 GENERAL SCHOOL LAWS. Proviso. How such taxes to be applied. Taxes in frac- tional districts. Proviso how equalized. district; and the money so assessed shall be placed to the credit of the taxable property taken from the former dis- trict, 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 retaining the schoolhouse shall vote to pay and shall pay, before said taxes are assessed, any portion of said amount to the new district, said amount, as shall be certified by the moderator and director of the new district to the 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 of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a schoolhouse or other district purposes. (68.) SEC. 16. The full amount of all taxes to be levied upon the taxable property in a fractional school district shall be certified by the district board to the township clerk of each township in which such district is in part situated, and by such township clerks to the supervisors of their respective townships, and it shall be the duty of each of said supervisors to certify to each other supervisor interested, the amount of taxable property in that part of the district lying in his township: Provided, That when there exists a manifest difference in the valuation of prop- erty assessed in fractional districts composed of territory in adjoining townships or counties, such valuation shall be equalized for this specific purpose by the supervisors of the township interested, at a joint meeting held for that pur- pose, 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 dis- trict and assist in equalizing said valuation, said super- visor to be paid at the rate of three dollars per diem for the time necessarily employed in attendance at such meet- ing of the supervisors, and all necessary traveling expenses by the townships in interest. (69.) SEC. 17. The supervisor, on delivery of the war- rant for the collection of taxes to the township treasurer, shall also deliver to said treasurer, a written statement of the amount of school and library taxes, the amount raised for district purposes on the taxable property of each dis- trict 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 Statement to township treasurer. GENERAL SCHOOL LAWS. 33 district, with the amount payable to such person on account thereof. (70.) SEC. 18. The supervisor of each township on the statement to delivery of the warrant for the collection of taxes to the u i^on 163 - When electors may appeal. How made in fractional districts. Powers and duties of town- ship board. Appellants to file statement of cause. Appellants to execute bond. Where filed. (104.) SECTION 1. Whenever any five or more tax pay- ing electors, having taxable property within any school dis- trict, shall feel themselves aggrieved by any action, order, or decision of the board of school inspectors, with refer- ence to the formation, or any division, or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school inspectors to the township board of the township in which such school district is situated; and in case of fractional school districts notice of such appeal shall be served on the clerk of the joint boards of school inspectors who have made the 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 be, acting jointly, to entertain such appeal, and review, confirm, set aside, or amend the action, order, or decision of the board of school inspectors thus appealed from; or if in their opinion the appeal is frivolous or without sufficient cause, they may summarily dismiss the same. (105.) SEC. 2. Said appellants shall, before taking such appeal, make out and file with the board of school inspect- ors, or in case of fractional school districts, to the clerk of the joint boards of school inspectors, a written state- ment to be signed by said appellants, setting forth in general terms the action, order, or decision of the board or boards of school inspectors with respect to which the appellants feel themselves aggrieved, and their demand for an appeal therefrom to the township board or boards of said township or townships, and shall also cause to be executed and signed by one of their number, and by two good and sufficient sureties, to be approved by the clerk of said board or joint boards of school inspectors or by any justice of the peace of the township, and 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, conditioned for the due prosecution of said appeal before said township board or boards acting jointly, and also, in case of the dismissal of said appeal as frivolous by said township board or joint boards, for the payment by said appellants of all costs GENERAL SCHOOL LAWS. 43 occasioned to the township or townships by reason of said appeal. (106.) SEC. 3. Upon the filing of such appeal, papers Duty of inspect- and bond with the said board or joint boards of school " 8 r8 fl J^ n appeal inspectors, the said board or joint boards of school inspect- ors shall, within ten days thereafter, make out and file with the clerk of said township in which the said school- house is located, a full and complete transcript of all their proceedings, actions, orders, or decisions, with reference to which the appeal is taken, and of their records of the same, also said bond and appeal papers, and all petitions and remonstrances, if any, with reference to the matters appealed from; and upon the filing of the same with the said town- when township ship clerk, the said township board or boards shall beJJJJiS? 1 deeemd to be in possesson of the case, and if the return of case. 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 proceedings in sufficient, they shall proceed with the consideration of the theappeal< 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 when members 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 Bo determine. / r* -i s\?* CHAPTER X. GRADED SCHOOL DISTRICTS. (107.) SECTION 1. Any school district containing more seeApp. A, than one hundred children between the ages of five and " twenty years may, by a two-thirds vote of the qualified what districts electors present at any annual or special meeting, organize "/suchf" as a graded school district: Provided. That the intention proviso, notice of meeting. (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 aa 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 aa both statutes provide that trustees shall hold over until their successors shall be elected and qualified, the old board remain in office until a valid election is had. The law makes 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 failure to elect, 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 permits a special election where two vacancies exist. The trustees have no power under Section 2, 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. Term of office. Proviso. to take such vote shall be expressed in the notice of such Election of annual or special meeting. When such change in the organization of the district shall have been voted, the voters at such annual or special meeting shall proceed immedi- ately to elect by ballot from the qualified voters of the district one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire: Provided also, In all districts organized prior to the year eighteen hundred 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 major- ity of all the votes shall be declared elected. (108.) SEC. 2. Within ten days after their election such trustees shall file with the director acceptances of the offices to which they have been elected, and shall annually elect from their own number a moderator, a director, and assessor, and for cause may remove the same, and may appoint others of their own number in their places, who shall perform the duties prescribed by law for such officers in other school districts in this State, except as herein- after provided. The trustees shall have power to fill any vacancy that may occur in 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 (109, IT 4.) The question is as to whether the board of trustees of a graded school can employ a mnsic teacher who has not passed the regular examination required of other teachers and received a certificate required by section 5153 of Howell's Statutes (Sec. 4, Chap. 11, School Laws) ? It would be most difficult to imagine that an examina- tion in the several branches and studies specified in the statutes would show sufficiently the qualifications of the applicants to teach either mnsic 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 and will be held by the courts to possess such authority, still it is not a ques- tion free from doubt, and additional legislation may be desirable. Taggart, Attorney Gen- eral, July 26, 1886. Majority vote necessary to elect. Acceptance of office to be filed. See App. B, form 5. Officers to be elected by trustees. Vacancy in board, how filled. When Inspectors shall appoint officers. See App. B, form 15. Duty of trustees. To classify pupils. To establish high schools, etc. See App. A, HH 142, 143. Proviso as to non-resident pupils' tuition. GENERAL SCHOOL LAWS. 45 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 TO audit ana of the director for incidental or other expenses incurred accounts? 10 ' 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 TO employ several schools, and to determine the amount of their com- ^g^ pensation, and to require the director and moderator to Se eApp. B, make contracts with the same on behalf of the district, form2 6. in accordance with the provisions of law concerning con- ^|7o^86. A ' tracts with teachers; Fifth, To employ such officers and servants as may be TO employ necessary for the management of the schools and school of ers ' etc - property, and prescribe their duties and fix their com- pensation ; Sixth, To perform such other duties as are required of other duties, district boards in other school districts; seecnap. m. (110.) SEC. 4. No alteration shall be made in the bound- consent of trust- 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 ; and graded school districts shall not such districts be restricted to nine sections of land. fusi^* (111.) SEC. 5. Whenever two or more contiguous dis- TWO or more tricts having together more than one hundred children between the ages of five and twenty years, after having published in the notices of the annual meetings of each district the intention to take such action, shall severally, by a vote of two-thirds of the qualified voters attending the annual meetings in said districts, determine to unite for the purpose of establishing a graded school district under the provisions of this chapter, the school inspectors of the township or townships in which such districts may be situated shall, on being properly notified of such vote, proceed to unite such districts, and shall appoint, as soon as practicable, a time and place for a meeting of the new district, and shall require three notices of the same to be Notice of posted in each of the districts so united, at least five days meetm *- before the time of such meeting; and at such meeting the district shall elect a board of trustees, as provided in sec- tion 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 trustees graded school district shall be presented twenty days before e ^ rt the annual meeting thereof, with a petition signed by ten 46 GENERAL SCHOOL LAWS. district to primary. electors of said district, stating that it is the desire of said petitioners that, at the annual meeting of said school district, there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the said trustees shall, m case of vote in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting; and if two-thirds of the qualified voters present at said meeting shall vote to change to one or more primary school districts, such change shall be made: and it shall be the duty of the board of school inspectors of the township or townships in which such district is situated, upon being duly notified of such vote, to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the or each of the proposed primary school districts in the same manner as is provided for by law for the organization of primary school districts; and whenever a fractional graded school district shall be so changed, the township boards of school inspectors of the respective townships where such graded school district is situated, shall organize the said district into one or more primary school districts, as provided by law. CHAPTER XI. Township libraries to be maintained. Who are entitled to privileges of library. Proviso. Inspectors to have charge. See App. B, form 18. See App. A, HIT 144, 146. Inspectors accountable for care, etc., of library. Powers of inspectors. LIBRARIES. (113.) SECTION 1. A township library shall be main- tained 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 relat- ing to such library or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the township. (114.) SEC. 2. All persons who are residents of the township shall be entitled to the privileges of the town- ship library, subject to such rules and regulations as may be lawfully established in relation thereto: Provided, That persons residing within the boundaries of any school dis- trict in which a district library has been established shall be entitled to the privileges 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 appropriated for the township library of their township, and shall 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 prescribe the time for taking and returning GENERAL SCHOOL LAWS. books, to assess and collect fines and penalties for the loss see APP. c. 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 the township library to be kept at some central or eligible o place in the township, which it shall determine; such board Librarian, shall also, within ten days after the annual township meet- ing, appoint a librarian for the term of one year, to have the care and superintendence of said library, who shall be responsible to the board of school inspectors for the impar- tial enforcement of all rules and regulations lawfully estab- lished in relation to said library. (118.) SEC. 6. Any school district, by a two-thirds vote what districts at any annual meeting, may establish a district library ;!/* and such district shall be entitled to its just proportion of books from the library of any township in which it is wholly or partly situated, to be added to the district library, and also to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of such district library, or that shall thereafter be raised by tax in suoh township or townships, or that shall thereafter be appor- tioned to the township to the inspectors of which the annual report of its director is made. (119.) SEC. 7. The district board of any school district District board in which a district library may be established in accord- f SiYtrict arfi:e anoe with the provisions of this act, shall have charge of llbrar y- such library; and the duties and responsibilities of said district board in relation to the district library, and all moneys raised or apportioned for its support, shall be the same as those of the board of school inspectors are to the township library. (120.) SEC. 8. The school inspectors shall give in their inspectors to annual report to the Superintendent of Public Instruction such facts and statistics relative to the management of the township library and the library moneys, as the Superin- tendent of Public Instruction shall direct; and the district board of any school district having a library shall cause to be given in the annual report of the director to the board of school inspectors, like facts and statistics relative to the district library, which items shall also be included by the said inspectors in their annual report. (121.) SEC. 9. ID case the board of school inspectors Failure to re- of any township or the district board of any school dis- trict, shall fail to make the report required by the preced- ing section, or in case it shall appear from the reports so after, made that any township or school district has failed to use the library money in strict accordance with the pro- visions of law, such township or district shall forfeit its share of the library moneys that are apportioned; and the same shall be apportioned to the several other townships 48 GENERAL SCHOOL LAWS. Proviso. State superin- tendent to pro- vide county clerk with statement. Statement to be filed and copy given to county treasurer. Apportionment of proceeds of penal fines. See App. A, IT 146. 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 town- ship library. and districts in the county as hereinafter provided: Pro- vided, That in townships where the boards thereof shall determine and report to the superintendent that the pub- lic will be better served by using the said money for general school purposes, no such forfeiture shall occur. (122.) SEO. 10. The Superintendent of Public Instruc- tion 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.) SEO. 11. The clear proceeds of all fines for any breach of the penal laws of this State and for penalties, or upon any recognizance in criminal proceedings, and all equivalents for exemptions [exemption] from military duty, when collected in any county and paid into the county treasury, together wth all moneys heretofore collected and paid into said treasury on account of such fines or equiv- alents, 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 Superintendent of Public Instruction provided for in the preceding section, which money shall be exclusively applied to the support* of the township and district libraries, and to no other purpose. (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 super- visor, levied, and collected in the same manner as other township and school district taxes. (125.) SEC. 13. The district board of any school dis- trict may donate or sell any library book or books belong- ing 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 township library. * Amended by Act No. 15, Public Acts of 1895. GENERAL SCHOOL LAWS. 49 CHAPTER XII. Act No. 147, Pnblic Acta of 1891, as amended by Act No. 34, Public Acts of 1893, and by Act No. 66, 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 held on the fourth Monday in June, eighteen hundred ninety-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 hun- dred ninety-three, or until his or her successor shall be elected and qualified. Said board of supervisors shall also Appointment of on said fourth Monday of June, appoint two persons as ex school examiners, who, together with said commissioner of schools, shall constitute a board of school examiners. One of said school examiners shall be appointed for a period of one year and the other for a period of two years, from and after the second Monday of October next after their appointment, or until their successors have been appointed and qualified. And thereafter such boards of supervisors Term of shall, at each annual session, appoint one examiner who ex 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 of hold at least a third grade certificate and has taught in the public schools at least nine months, or who has the qualifications required of commissioners in section three of this act, except an experience of twelve months as teacher. In case a vacancy shall occur at any time in the vacancy. 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 suit- able person to fill such vacancy; and the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days after such commissioners or omciai bond. examiners shall have received legal notice of his or her election, he or she shall take and subscribe the constitu- tional oath of office, and the same shall be filed with the county clerk. The said county commissioner so appointed, shall execute a bond with two sufficient sureties, to be approved by and filed with the county clerk, in the penal sum of one thousand dollars, 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 7 50 GENERAL. SCHOOL LAWS. over to the proper persons all money which may come into his or her hands by reason of his or her holding such office; and thereupon the county clerk shall report the name and postoffice address of such county commissioner to the State Superintendent of Public Instruction. Biennial election (127.) SEC. 2. There shall be elected at the election ofcommissioner. j^y on the first Monday in April, eighteen hundred ninety- three and every second year thereafter, in each county, one Term of office, 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 commissioner of schools elected under the pro- Tome oatn and visions of this section shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the Superintendent of Public Instruction in all respects as provided in section one of this act. Eligibility to (128.) SEC. 3. Persons eligible to hold the office of > of, etc. commissioner of schools must" possess, besides an experience lf? fes-i?*'. of twelve months as teacher in the public schools of the State, one of the following qualifications; must be a grad- uate 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 proviso as to was granted: Provided, That persons who have held the ;ies> office of commissioner of schools under the provisions of act number one hundred forty-seven, public acts of eight- een hundred ninety-one, shall be eligible. In counties hav- ing less than fifty districts subject to the supervision of the county commissioner, a person holding at the time of his or her election a second grade certificate shall be eligible. schedule of (129.) SEC. 4. The board of school examiners shall, for ons ' the purpose of examining all persons who may offer them- selves as teachers for the public schools, hold two regular public examinations, in each year at the county seat, which examinations 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 _ GENERAL SCHOOL LAWS. 51 3xamination for each additional twenty-five districts or counties entitled fractions thereof, which special public examination, when {oJJexMoSa- appointed, shall be held commencing on one or more of tlon8 - the following dates: the third Friday of February, April see A PP . A, and September. The place of holding such special public r< examination is also left to the discretion of the board ofMI 1 ^- 167 - examiners. At such special public examinations only cer- see 217, 167, tificates of the third grade shall be granted. It shall be 169> the duty of the county commissioner to make out a sched- ule of the times and places of holding special examina- tions, 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 Granting or meet on the Saturday of the week following such public ce examination held by the county commissioner, and shall grant certificates to teachers in such form as the Super- intendent of Public Instruction shall prescribe, licensing as teachers all persons who shall have attained the age of seventeen years who have attended such public examina- tions and who shall be found qualified in respect to good moral character, learning, and ability to instruct and govern a school; but no certificate shall be granted to any person who, having arrived at the age of twenty-one years, is not a citizen of the United States, and who shall not have passed a satisfactory examination in orthography, reading, writing, grammar, geography, arithmetic, theory and art of teaching, United States history, civil government, and physiology and hygiene, with reference to the effect of alcoholic drinks, 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 standing 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 successfully teach- ing in the same county. All certificates shall be signed By whom by the county commissioner and by at least one other 8Ufned - member of the board of examiners. No person shall be considered a qualified teacher within the meaning of this act, nor shall any school officer employ or contract with any person to teach in any of the public schools under the provisions of this act, who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination questions shall be prepared and Examination furnished by the Superintendent of Public Instruction to QUW the county commissioner 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 certifi- Grades of oer- cates granted by the board of school examiners, in its dis- U1 cretion, and subject to such rules and regulations as the Superintendent of Public Instruction may prescribe, which Superii 52 GENERAL SCHOOL, LAWS. First grade. Proviso. Further proviso. Second grade. Third grade. Classes A and B, Proviso. Suspension of certificate, etc. Proviso. Duty of com- missioner. grades of certificates shall be as follows: The certificate of the first grade shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the State for four years: Pro- vided, That all examination papers for first grade certifi- cates favorably passed upon by the board of examiners, together with such certificates, shall be forwarded 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 ability 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 depart- ments of graded schools; and a certificate of this class shall entitle the holder to teach in primary departments of graded schools only. Third grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted for one year; but no more than three certificates of this class shall be granted to the same person: Provided, That the county commis- sioner shall have power, upon personal examination satis- factory to himself or herself, to grant certificates which shall license the holder thereof to teach in a specified dis- trict 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 examination. (132.) SEC. 7. The board of school examiners may sus- pend or revoke any teachers' certificate issued by them for any reason which would have justified said board in with- holding the same when given, for neglect of duty, for incompetency to instruct or govern a school, or for immor- ality; 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 lawful authority: Pro- vided, That no certificates shall be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose. (133.) SEC. 8. It shall be the duty of the county com- missioner : SCHOOL First, Immediately after his or her qualification as com- Notice of quaii- uissioner, to send notice thereof to the Superintendent of Cl Public Instruction and the chairman of each township board of school inspectors of the county; Second, To keep a record of all examinations held by Record of exam- the board of school examiners and to sign all certificates ln and other papers and reports issued by the board; Third, To receive the institute fees provided by law and or tees, to pay the same to the county treasurer quarterly, begin- ning September thirty, in each year; Fourth, To keep a record of all certificates granted, sus- Record of cer- pended, or revoked by the said board or commissioner, tj showing to whom issued, together with the date, grade, duration of each certficate and, if suspended or revoked, with the date and reason thereof; Fifth, To furnish, previous to the first Monday in Sep- List of teachers, tember in each year to the township clerk of each town- e ship in the 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 suspen- sion or revocation; Sixth, To visit each of the schools in the county at TO visit schools, least once in each year and to examine carefully the dis- etc> cipline, the mode of instruction, and the progress and pro- ficiency of pupils: Prodded, That in case the county com- Proviso as to 'missioner is unable to visit all the schools of the county J^ 8 * 1 as herein required, the said commissioner may appoint such assistant visitors as may be necessary, who shall perform such duties pertaining to the visitation and supervision of schools as said commissioner shall direct: Provided, That the whole expense incurred by such assistant visitor shall not exceed the sum of ninety dollars in any one year; Seventh, To counsel with the teachers and school boards counsel with as to the courses of study to be pursued, and as to any te improvement in the discipline and instruction in the schools; Eighth, To promote by such means as he or she may improvement of devise, the improvement of the schools in the county, and 8C the elevation of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of institutes appointed by the Superintendent of Public I Instruction and perform such other duties pertaining thereto as the superintendent shall require; Ninth, To receive the duplicate annual reports of the TO receive an- several boards of school inspectors, examine into the cor- etc* 1 ' reotness of the same, requiring them to be amended when necessary, indorse his or her approval upon them, and immediately thereafter and before the first day of Novem- ber in each year, transmit to the Superintendent of Public Instruction one copy of each of said reports and file the other in the office of the county clerk; Truth, To be subject to such instructions and rules as the Superintendent of Public Instruction may prescribe, to GENERAL SCHOOL LAWS. Subject to in- structions of Supt. of Public Instruction, etc. Other duties. Duty of chair- man, etc. Supervision of schools, etc. To make reports, etc. Compensation of commissioner. Of examiners. Of assistant visitors. To be paid quarterly. Proviso. Further proviso. receive all blanks and communications that may be sent to him or her by the Superintendent of Public Instruc- tion and to dispose of the same as directed by the said superintendent, and to make annual reports at the close of the school year to the Superintendent of Public Instruc- tion 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 the county commissioner may give; Second, To make such reports of his official labors and of the condition of the schools as the Superintendent of Public 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 less than five hundred dollars per annum in any county where there are fifty schools under his or her supervision, at not less than one thousand dollars per annum where there are one hundred schools under such' supervision, and not less than twelve hundred dollars where there are one hundred and twenty-five schools under his supervision; and in no case shall such compensation exceed the sum of fifteen hundred dollars per annum. Each mem- ber 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 dollars for each day employed. The compensation of the county 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 com- missioner receive any order for compensation from the county clerk until he has filed a certified statement from the Superintendent of Public Instruction that all reports required of the commissioner have been properly made and filed with said superintendent: 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 GENERAL SCHOOL LAWS. 55 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 or contingent expenses of the commissioner for printing, postage, station- expen8es - ery, record books, and rent of rooms for public examina- tions shall be audited and allowed by the board of super- visors of the county ; but in no county shall the expenses Limit of. so allowed exceed the sum of two hundred dollars per annum and no traveling fees shall be allowed to the com- missioner or to any assistant visitor or school examiner. (136.) SEC. 11. No Superintendent of Public Instruc- shaii not act as tion, instructor at institute, county commissioner or exam- a eQt ' etc - iner, shall act as agent for the sale of any school furni- * ture, text books, maps, charts, or other school apparatus. (137.) SEC. 12. Whenever by death, resignation, removal or vacancies, from office, or otherwise a vacancy shall occur in the office of the county commissioner of schools, the county see 126. clerk shall issue a call to the chairman of the township board of school inspectors of each township in the county, who shall meet at the office of the county clerk on a date to be named in said [notices] notice, not more than ten days from the date of the notice, and appoint a suitable person to fill the vacancy for the unexpired portion of the term of office. (138.) SEC. 13. The officers of every school district certain schools which is or shall hereafter be organized in whole or in exempte<1 > etc - part in any 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 superintendent or by a com- mittee 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 a or city schools, special and thoroughly equipped normal training depart- ment, under control of a special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers. Any board of education that shall Exempt from violate the provisions of this act by employing a teacher {J^ere* etc. 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 Superintendent 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 XIII. PENALTIES AND LIABILITIES. Penalty on inhabitant for neglect of duty. Penalty on dis- trict officer for neglecting or refusing to per- form duties. See App. A, HIT 158, 160. Penalty on inspector for neglect or refusal. Liability of inspectors for neglecting to report. See App. A, ITU 5-n. Liability of township clerk. Liability of county clerk for neglect to trans- mit reports. How moneys collected on account of neg- lect disposed 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 per- form the duties enjoined on him by this act shall respect- ively 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 suffi- cient 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.) SEO. 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 township, in an action of debt or on the case; and if any township clerk shall neglect or refuse to transmit the report herein mentioned within the time limited therefor, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon, to be recovered in an action of debt or on the case. (144.) SEC. 5. Any county clerk who shall neglect or refuse to transmit to the Superintendent of Public Instruc- tion the reports required by this act, within the time therefor limited, shall be liable to pay to each township the full amount which such township or any school dis- trict therein, shall lose by such neglect or refusal, with interest thereon, to be recovered 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 neglect or refusal therein mentioned would, according to the provisions of this act, have been appor- tioned and distributed. GENERAL SCHOOL LAWS. 57 (146. ) SEC. 7. Any township clerk who shall neglect Liability of )r refuse to certify to the supervisor any school district a^TsSperiuJiSr ,axes that have been reported to him as required by this ) n 1 r f* ard todl8 ~ i . i 1 1 i j. trlct taxes. ict, and any supervisor wilfully neglecting to assess any mch tax shall be liable to any district for any damage )ccasioned thereby, to be recovered by the assessor in the lame of the district, in an action of debt or on the case. (147.) SEC. 8. The township board of each township, when township ind in the case of fractional school districts, the township ooard of the township in which the district schoolhouse :hereof is situated, shall have power and is hereby required ;o remove from office, upon satisfactory proof, after at least see APP. A, 3ve days' notice to the party implicated, any district ^' officer or school inspector who shall have illegally used Dr disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient 3ause, refuse or neglect to discharge any of the duties of his office. And in case of such removal it shall be the Township cierk duty of the township clerk of such township to enter in the records of such township the resolution or order of such board, for such removal; and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of the jurisdiction of such board and of the regularity of the proceedings for such removal, and (unless the party party removed so removed shall, within thirty days after such removal, p^^edtn^or institute proceedings before a court of competent iurisdic- removal of ordr in i i * i ., of township tion for the removal of such order for removal, or if after board, such thirty days such proceedings to obtain such removal shall be discontinued or dismissed) shall be conclusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five days' notice of the time and place fixed by said board for the hearing of the case as aforesaid. (148.) SEC. 9. No school officer, superintendent, or sehooi officers teacher of schools, shall act as agent for any author, pub- SJetas^Sio? lisher, or seller of school books, or shall directly or book agents, etc. indirectly receive any gift or reward for his influence in school officers recommending the purchase or use of any library or school ested^corJ 61 " book or school apparatus, or furniture whatever, nor shall tracts m certain any school officer be personally interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein prohibited, such acts performed by any such officer, superintendent, or teacher, shall be deemed a misdemeanor. (149.) SEC. 10. All provisions of this act shall apply where this act and be in force in every school district, township, city, and 8hallapply - village in this State, except such as may bo 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 **" repealed - 8 58 GENERAL SCHOOL LAWS. 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 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 numbered 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 session 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 hun- dred 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 XIV. [ Act No. 158, Laws of 1881. ] ELECTION OF SCHOOL INSPECTORS. sections (151.) SECTION 1. Sections eight and fourteen of chap- ter 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 section 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 hundred ninety-nine of the session laws of eighteen hundred seventy-nine, is hereby amended, all of said sections to read as follows: Annui meeting. (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 officers to be following officers : one supervisor, one township clerk, one treasurer, one school inspector, one commissioner of high- ways, 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. Term or office of (153.) SEC. 3. Each school inspector elected as afore- schooi inspect- g^ shall hold his office for two years from that time and until his successor shall be elected and duly qualified, vacancy. except when elected or appointed to fill a vacancy, in which case he shall hold the office during the unexpired GENERAL SCHOOL LAWS. 59 portion of the regular term : Provided, That in the year proviso, dighteen hundred eighty-two one additional school inspector in each township shall be elected for the term of one year: Provided further, That the township superintendent proviso, of schools and school inspectors now in office shall continue to act as school inspectors, and said superin- tendent of schools shall continue to act as chairman of the board of school inspectors until the school inspectors provided for by this act shall have been elected and duly qualified and shall enter upon the duties of their respect- ive offices. (154.) SEC. 4, Each of the officers elected at such Term of office, meetings, except justices of the peace and school inspect- ors, 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 afore- who eiiu>ie said, shall be eligible to any elective office contemplated to in this chapter: Provided, however, That any female per- Proviso, son of or above the age of twenty-one years, who. has resided in this State three months and in the township ten days next preceding any election, shall be eligible to the office of school inspector. (156. ) SECTION 1. All boards or officers authorized by Examining law to examine applicants for certificates of qualification 25ft5ifrom as teachers shall collect, at the time of examination from teachers. each male 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 hereinbefore 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 Fees to be paw or secretary of any school board shall be paid over to the secretary of the county board of school examiners of the county in which they were collected, on or before the fifteenth day of March, June, September and December, CHAPTER XV. [ Act No. 53, Laws of 1877. | TEACHERS' INSTITUTES. i' 136.) The requirements of the statutes apply to all teachers, whether applicants for certificates, or employed by school boards, save that bat one fee can be required for any one year. Pan Riper, Attorney General, March 21, 1W4. 60 GENERAL SCHOOL LAWS. rees so paid to ers' 8 in8titut e e acb tuna. Annuai county proviso. accompanied by a list of those persons from whom they were collected; and all of such fees, together with all those that shall be collected by the county board of school exam- iners, shall be paid over by the secretary of said board of school examiners to the treasurer of the county in which they were collected, on or before the last day of March, June, September, and December, in each year, accompanied by a complete list of all persons from whom said fees were collected ; and a like list, accompanied by a statement from the county treasurer that said fees have been paid to him, shall be sent by said secretary to the Superintendent of Public Instruction. All moneys paid over to the county treasurer as provided by this act, shall be set apart as a teachers' institute fund, to be used as hereinafter provided. (158.) SEC. 3. The Superintendent of Public Instruc- tion shall annually appoint a time and place in each organ- ized county for holding a teachers' institute, make suitable arrangements therefor, and give due notice thereof: Pro- vided, That in organized counties having less than one thousand children between the ages of five and twenty years, the holding of said institute shall be optional with the said superintendent, unless requested to hold such insti- tute 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 desire to attend such institute may unite in the required application to said superintendent: Provided also, That the said superintendent may, in his discretion, hold an institute for the benefit of two or more adjoining counties and draw the institute fund from each of the counties thus benefited, as hereinafter provided. (159.) SEC. 4. The Superintendent of Public Instruc- ti n > in case f inability personally to conduct any insti- tute or to make the necessary arrangements for holding the same, is hereby authorized to appoint some suitable person for that purpose, who shall be subject to the direc- tion of said superintendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by the Superintendent of Public Instruction or by the duly appointed conductor, a certifi- cate setting forth at what sessions of said institute such teacher shall have been in attendance; and any teacher wl ? sha ^ have olosed h i8 or h er 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 attend- ance at said institute, and the certificate hereinbefore pro- vided shall be evidence of such attendance. (160.) SEC. 5. For the purpose of defraying the expenses Q roomgj 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 proviso. proviso. conductor of Teachers can Expenses of institute, how GENERAL SCHOOL LAWS. 61 3ach county for the benefit of which the institute is held, tfho shall thereupon draw an order on the county treas- urer of his county for such sum, not exceeding the amount )f the institute fund in the county treasury, as may be accessary to defray the expenses of said institute; and the ;reasurer of said county is hereby required to pay over GO said superintendent or duly appointed institute con- ductor, 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 ou shall be insufficient to defray the necessary expenses of any institute held under the provisions of this act, the Auditor General shall, upon the certificate of the superin- tendent that he has made arrangements for holding such 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 superin- tendent shall deem necessary for conducting such institute, which sum shall not exceed sixty dollars for each insti- tute 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 lQ8tltute< be denominated a State institute; and for the purpose of Expenses to be defraying the necessary expenses of such institute, the Treasury? 8 Auditor General shall, on the certificate of said superin- tendent that he has made arrangements for holding such institute, draw his warrant upon the State Treasurer for such sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed four hundred dollars and shall be paid out of the gen- eral fund : Provided, That not more than eighteen hun- proviso, dred 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 Instruo- voucher* for tion, or the conductor of the institute by him appointed, P a y ment8 - drawing money from the county treasurer under section five of this act, shall, at the close of each institute, furnish to the county treasurer vouchers for all payments from the same in accordance with this act; and he shall return to the county treasurer whatever of the amount that may remain unexpended, to be replaced in the insti- tute fund. (164.) SEC. 9. An act entitled "An Act to establish Acts repealed. Teachers' Institutes," approved February tenth, eighteen hundred "fifty-five, as amended by act two hundred thirty- nine, session laws of eighteen hundred sixty-one, being com- piler'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 XVI. [ From Act No. 194, Laws of 1889. ] NORMAL SCHOOL DIPLOMAS AND CERTIFICATES. Of the Normal School. Proviso. Course of study, training school, etc. Diplomas. Certificate to teach, when granted, term of, etc. See App. A, 92, 130, 169, 233. Proviso. Life certificates when granted, etc. May be revoked (165.) SEC. 3. The State Board of Education shall continue the normal school at Ypsilanti in the county of Washtenaw, where it is now located. The purpose of the normal school shall be the instruction of persons in the art of teaching, and in all the various branches pertain- ing to the public schools of the State of Michigan: Pro- vided, There shall be prescribed for said school a course of study intended specially to prepare students for the rural and the elementary [graded] schools of this State, which shall provide not less than twenty weeks of special pro- fessional instruction. (166.) SEC. 5, Said board shall provide all necessary courses of study to be pursued in the normal school, and establish and maintain in connection therewith a fully equipped training school as a school of observation and 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 spe- cially prescribed, as hereinbefore provided for the rural and elementary 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 cer- tificate which shall be signed by said board and the prin- cipal of the normal school, which certificate shall contain a list of the studies included in said course and which shall entitle the holder to teach in any of the schools of the State for which said course has been provided for a period of five years: Provided, That said certificate may be suspended or revoked by said State Board of Education upon cause shown by any county board of examination, or by any board of school officers. (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 com- pletion, said Board of Education, upon the recommendation of the principal and a majority of the heads of- depart- ments of said school, shall issue a certificate to the per- son 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 GENERAL SCHOOL LAWS. 63 operate as a 'life certificate, unless revoked by said State Board of Education. (169.) SEC. 8. The Board of Education shall make such Admission or regulations for the admission of pupils to said school as it pupU8 * 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 XVII. [ 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 w shall 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 certificate, be found to possess eminent scholarship, ability and good moral character. Such certifi- cate shall be signed by the members 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 dis- certificates of cretion, endorse State teachers' certificates or normal school ot diplomas 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 require- ments of this State. CHAPTER XVIII. f Act No. 117, Laws of 1855. ] TEACHERS' ASSOCIATIONS. (171.) SECTION 1. Any fifteen or more teachers, or nf teen or more other persons residing in this State, who shall associate {oScorX for the purpose of promoting education and science, and tlon - improvements in the theory and practice of teaching, may form themselves into a corporation, under such name as they may choose, providing they shall have published in Notice to be some newspaper printed at Lansing or in the county in P ubll8hed - which such association is to be located, for at least one month previous, a notice of the time, place, and purpose of the meeting for such association, and shall file in the constitution, where fllfld. 64 GENERAL, SCHOOL LAWS. office of the Secretary of State a copy of the coDstitution and by-laws of said association. May how (172.) SEC. 2. Such association may hold and possess real and personal property to the amount of five thousand dollars; but the funds or property thereof shall not be used for any other purpose than the legitimate business of the association in securing the objects of its corporation. (173.) SEC. 3. Upon becoming a corporation as herein- before provided, they shall have all the powers and priv- ileges, 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. Restrictions upon its use. Privileges and liabilities of corporations. CHAPTER XIX. [ Act No. 181, Laws of 1875. J "Public moneys" defined. See App. A, mr 50-79. Public moneys to be kept separate from all other funds. How used. Interest on pub- lic moneys to constitute a general fund. Officers not to receive consider- ation for deposit of money with particular bank, etc. SAFE KEEPING OF PUBLIC MONEYS. (174.) SECTION 1. All moneys which shall come into the hands uf any officer of the State, or of any officer of any county, or of any township, school district, highway district, city, or village, or of any other municipal or pub- lic corporation within this State, pursuant to any provi- sion 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 with the receiving, keeping or disbursing of pub- lic moneys to keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation. (176.) SEC. 3. No such officer shall, under any pretext, use nor allow to be used, any such moneys for any pur- pose 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 authorized to be deposited in any bank, or to be loaned to any individual, firm, or corporation, for interest, the interest accruing upon such public moneys shall belong to and constitute a general fund of the State, county, or other public or municipal corporation, as the case may be. (178.) SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable considera- tion as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corpo- ration. H GENERAL SCHOOL LAWS. 65 (179.) SEC. 6. The provisions of this act shall apply provisions of to all deputies of such officer or officers, and to all clerks, lode^Su^c 7 agents, and servants of such officer or officers. (180. ) SEC. 7. Any person guilty of a violation of any penalty for vio- of the provisions of this act shall, on conviction thereof, SttSST* be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discre- tion of the court: Provided. That nothing in this act proviso, contained shall prevent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute. (181.) SEC. 8. Any officer who shall wilfully or cor- penalty for rup'tly draw or issue any warrant, order, or certificate for 11 the payment of money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section. CHAPTER XX. [Act No. 95, Public Acts of 1395. ] COMPULSORY EDUCATION OF CHILDREN. (182.) SECTION. 1. The People of the State of Michigan Duty of parent enact, That every parent guardian or other person in the State of Michigan having control and charge of any child to SCHOOL or children between the ages of eight and fourteen 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 con- stituted police force, the attendance at school shall not be limited to four months, beginning on the first Monday of the first term commencing in his or her district after September 1, 1895, and of each year thereafter. Such attendance shall be consecutive and each and every pupil between the ages specified shall have attended school the entire four months previous to the thirtieth day of June in each school year: Provided, If it be shown that 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 learn- ing taught in public schools, or if the person or persons in parental relation to such child or children present a written statement that such child or children are physically unable to attend school, the truant officer or district board may employ a reputable physician to examine such child or children ; and if such physician shall certify that such child or children are physically unable to attend school, 9 66 GENERAL SCHOOL LAWS. Truant officer. la cities. truant officer. such child or children shall be exempt from the provi- sions of this act : And further provided, In case a public school shall not be taught for four months during the time specified, within two miles by the nearest traveled road of the residence of any person within the school district, he or she shall not be liable to the provisions of this act. (183.) SEC. 2. The district board or board of education in each school district in the State which has been organ- ized as a graded school district or as a township district according to the laws of the State, shall, at its first meet- ing, after this law goes into effect and previous to the tenth day of September of each year, appoint a truant officer for the term of one year from and after the first Monday of September of each year. In townships whose districts have been organized under the primary school law, the chairman of the township board of school inspectors shall be the truant officer and shall perform all the duties of truant officer, as provided for in this act, so far as the provis- ions of this law applies to the territory over which he has jurisdiction : Provided, That in cities having a duly organ- ized police force, it shall be the duty of the police author- ities, at the request of the school authorities, to detail one or more members of said force to perform the duties of compensation of truant officer. The compensation of the truant officer shall be fixed in graded school districts by the board which appoints, and in townships by the township board, and in no case shall such compensation be less than one dollar and fifty cents per day for time actually employed under the direction of the school board in performance of his official duties. The compensation of truant officers shall be allowed and paid in the same manner as incidental expenses are paid by such boards. (184.) SEC. 3. It shall be the duty of the truant officer to investigate all cases of truancy or non-attendance at school, and render all service within his power to compel children to attend school; and, when informed of continued non-attendance by any teacher or resident of the school dis- trict, he shall immediately notify the persons having con- trol of such children that, on the following Monday, such children shall present themselves with the necessary text books for instruction in the proper school or schools of the district. The notice shall inform said parent or guardian that attendance at school must be consecutive at least eight half days of each week, until the end of that term ; except in cities having a duly constituted police force, attendance in school shall be continuous. In case any parent, guardian, or other person shall fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor and shall, on conviction, be liable to a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county or city jail for not less than Duty of truant officer. Notice to parents. Penalty. GENERAL SCHOOL LAWS. 67 two nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. (s>185. ) SEC. 4. In all city school districts in this State ungraded having a school census of five hundred or more pupils, 8C the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of certain children, as defined and set forth in the following section. They may, through their truant officer and superintendent of schools, require such children to attend said ungraded schools, or any department of their graded schools, as said board of edu- cation may direct. (186.) SEC. 5. The following classes of persons between juvenile aia- the ages of eight and fourteen years, and in cities between the ages of seven and sixteen years, shall be deemed juve- nile disorderly persons and shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools as provided in section four of this act: class one, habitual truants from any school in which they are enrolled as pupils; class two, children who, while attending any school, are incorrigibly turbulent, disobed- ient, or insubordinate, or are vicious or immoral in con- duct; class three, children who are not attending any school and who habitually frequent streets and other pub- lic places, having no lawful business, employment, or occu- pation. (187.) SEC. 6. It shall be the duty of the truant Further duty of officer, in case of a violation of this law, within one week truant offlcer - after having given the notice to the parent or guardian as specified in section three, to make a complaint against complaint and said parent, guardian, or other person having the legal warrant - charge and control of such child, before a justice of the peace in the city, village, or township where the party resides, (except in cities having recorder's or police court) for such refusal or neglect; and said justice of the peace, police judge, or recorder's court shall issue a warrant upon said complaint and shall proceed to hear and determine the same; and upon conviction thereof said parent, guard- ian or other person as the case may be, shall be pun- ished according to provisions of section three of this act. It shall be the duty of all school officers, superintendents, or teachers, to render such assistance and furnish such information as they have at their command, to aid said truant officer in the fulfillment of his official duties. (188.) SEC. 7. When, in the judgment of school boards commitment to of primary and township school districts or the superin- reformator y- tendent of city schools and the truant officer, it becomes certain that all legal means have been exhausted in their attempts to compel the attendance at school of a juvenile disorderly person, the truant officer shall, in case the per- son in parental relation to the child neglects or refuses to do so, make a complaint against such juvenile disorderly person before a court of competent jurisdiction, that said 68 GENERAL SCHOOL LAWS. child is a juvenile disorderly person as described in section five of this act. The justice of the peace or court shall issue a warrant and proceed to hear such complaint; and, if said justice of the peace or court shall determine that said child is a juvenile disorderly person within the meaning of this act, then said justice of the peace or court shall there- upon and after consultation with the county agent of cor- rections and charities, sentence such child, if a boy, to the Industrial School for Boys at Lansing for a term not extend- ing beyond the time when said child shall arrive at the age of seventeen years, unless sooner discharged by the board of control of said Industrial School for Boys; or, if a girl, to the Industrial Home for Girls at Adrian, for a term not extending beyond the time when said child shall arrive at the age of seventeen years, unless sooner dis- charged by the board of control of said Industrial Home for Girls: Provided, however, That such sentence shall, in case of the first offense, be suspended. (189.) SEC. 8. All acts or parts of acts conflicting with the provisions of this act are hereby repealed. CHAFER XXIII. [ Act No. 222, Public Acts of 1887. ] TO PREVENT CRIME AND PUNISH TRUANCY. certain gins (190.) SECTION 1. The People of the State of Michigan XimXmfdT' 1 enact, That every boy between the ages of ten and sixteen orderly persons. y ears or anv gj r j between the ages of ten and seventeen years, who shall frequent or be found lounging about ealoons or other rooms or places where intoxicating liquors are kept for sale, or who shall, against the command of his or her parent or guardian, run away or wilfully absent himself or herself from the school he or she is attending, or from any house, office, shop, farm or other place where he or she is residing or legitimately employed to labor, or shall, against such command of his or her parent or guardian, or for an immoral, disorderly, or dishonest pur- pose, be found lounging upon any public street, highway, or other public place, or shall, against such command, or for any such purpose, attend any public dance, skating rink, or show, shall be deemed to be a truant or dis- orderly person. who to make (206.) SEC. 2. Upon complaint upon oath and in writing made before any justice of the peace by the parent or guardian of any girl between the ages of ten and seventeen years, or of any boy between ten and six- teen years of age, or by the supervisor of any township, or the mayor of any city, or president of any village, and in cities of over eight thousand population, by the chief of police, that any such minor has been guilty of any of GENERAL SCHOOL, LAWS. 69 the acts specified in section one of this act, such justice shall issue his warrant for the arrest of such minor, and upon such conviction, such minor, if a boy, may be sen- upon conviction, tenced by such justice to the Industrial School for Boys . at JJtenced!* Lansing; and, if a girl, to the State Industrial Home for Term of Girls at Adrian ; boys until seventeen years of age and Bentence - girls until twenty-one years of age, unless sooner discharged according to law: Provided, That no person or persons proviso as to shall be sent to said Industrial School for Boys, or the Industrial Home for Girls, until the sentence therein has been submitted to and approved by the circuit judge of the circuit or the judge of probate of the county in which such conviction shall be had. (191.) SEC. 3. The same proceedings shall be had upon the trial of any person charged with being guilty of any u P ntrial - of the offenses mentioned in section one of this act before the justice before whom such person is brought as are had in trials for misdemeanor, as far as the same are applicable; and the State agent for the care of juvenile Duty of state offenders of the county wherein such offenders may be on agent< trial shall have authority and take the same action in the premises as is provided by act number one hundred seventy- one of the session laws of eighteen hundred seventy-three of this State. CHAPTER XXIV. [ Act No. 147, Public Acts of 1889. J FREE TEXT-BOOKS. (192.) SECTION 1. From and after June thirtieth, eight- District to vote een hundred and ninety, each school board of the State JJfSffiS^ftie shall purchase, when authorized as hereinafter provided, text-books. the text-books used by the pupils of the schools in its see APP. A, district in each of the following subjects, to wit : orthogra- 1 wi. phy, spelling, writing, reading, geography, arithmetic, gram- mar (including language lesaons) national and State history, civil government, and physiology and hygiene; but text books once adopted under the provisions of this act shall not be changed within five years : Provided, That the Proviso, text-book on the subject of physiology and hygiene must be approved by the State Board of Education and shall in every way comply with section fifteen of act number one hundred sixty-five of the public acts of eighteen hun- dred eighty-seven, approved June ninth, eighteen hundred eighty -seven : And provided further. That all text-books Proviso, used in any district shall be uniform in any one subject. (193.) SEC. 2. The district board of each school dis- District board to trict shall select the kind of text-books on subjects *iect text-books enumerated in section one, to be taught in schools of their respective districts: Provided, That nothing herein contained shall require any change in text-books now in contai 70 GENERAL SCHOOL LAWS. Tote to be taken use in such district. They sball cause to be posted in a conspicuous place, at least ten days prior to the first annua l school meeting from and after the passage of this act, a notice that those qualified to vote upon the ques- tion of raising money in said district shall vote at such annual meeting to authorize said district board to pur- chase 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 author- ize said board to raise by tax a sum sufficient to comply with the provisions of this act; the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report of the Superintendent of District board to Public Instruction. The district board shall take the neces- sar y steps to purchase such books for the use of all pupils i n the several schools of their districts, as hereinafter pro- vided. The text-books so purchased shall be the property of the district purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That nothing herein contained shall prevent any district having once adopted or rejected free text-books, from taking further action on the same at any subsequent annual meeting. (193.) SEC. 3. It shall be the duty of the district k arQl of any school district adopting free text-books pro- vided for in this act to make a contract with some dealer or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, That any 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 dis- trict in the state a dopting free text-books under this act shall make and prepare annually an estimate of the amount of money necessary to be raised to comply with the con- ditions of this 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 provided by law to be raised, which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respect- ive district boards for school purposes, and when collected shall be paid to the district treasurer in the same man- ner as all other money belonging to said district is paid authorized. proviso. proviso. Board to con- proviso. Board to mane be raised. GENERAL SCHOOL LAWS. M (195.) SEC. 5. On the first day of February next after wnen director the' tax shall have been levied, the director of said dis- 55$?* triot 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, Refusal or which has so voted to supply itself with text-books, shall SutiTi refuse or neglect to purchase at the expense of the dis- demeanor. trict, 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 mem- ber of such board so refusing, or neglecting, shall be deemed guilty of a misdemeanor, and upon conviction penaitj thereof before a court of competent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceed- ing thirty days, or by both such fine and imprisonment in the discretion of the court: Provided. That any dis- proviso, trict 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 Further pro^o. districts in cities organized under special charters shall be in cities boards exempt from the provisions of this act; but such districts JSitton^ot- may, when so authorized by a majority vote of their dis- ers or district, trict 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. CHAPTER XXV. [ Act No. 176, Pablic Acts of 1891. ] ORGANIZATION OF TOWNSHIP DISTRICTS. (197.) SECTION 1. Whenever the qualified electors of Petition for any organized township in the upper peninsula desire to ow n z tlon . become organized into a single school district, they may petition the township board to give notice that, at the suc- ceeding township meeting, the officers for such organized school district will be chosen, and such other business transacted as shall be necessary thereto. Such petition shall be signed by a majority of the qualified electors of the township and shall be filed in the office of the town- ship clerk at least fifteen days prior to the annual town- ship meeting. Upon the receipt and filing of said petition, cier* to notify the township clerk shall notify the members of the town- board>etc ' the t 72 GENERAL SCHOOL LAWS. To be siiigle districts, etc. ship board and the school [inspector] inspectors of the township to attend a special meeting to be held not more than five days thereafter, and at which meeting it shall be the duty of such township board to compare the names signed to the petition with the names appearing on the list of registered voters qualified to vote at the preceding election; and if it be found that a majority of the voters qualified to vote at the preceding election have signed the petition that the organized township of which they are resident be organized as a single school district, they shall give notice that, at the then succeeding township meeting, officers will be chosen for such organized school district; and shall make and file, both with the county clerk and the secretary* of the board of school inspectors of the county in which such township is located, a certified copy of the above mentioned petition, together with their find- ings and doings thereon; and thereupon such township shall become a single school district which shall be subject to all the general laws of the State, so far as the same may be applicable, and said district shall have all the powers and privileges conferred upon union school districts by the laws of this State, all the general provisions of which relating to common or primary schools shall apply and be enforced in said district, except such as shall be incon- sistent with the provisions of this act; and all schools organized in said district in pursuance of this act, under the directions and regulations of said board of education, shall be public and free to all persons actual residents within the limits thereof, between the ages of five and twenty years, inclusive, and to such other persons as the board of education shall admit: Provided, That whenever the majority of electors in any surveyed township in such organized township shall petition the board of education to establish a school or schools therein, the said board of education are hereby authorized and directed within three months thereafter to organize such school or schools therein. (198.) SEC. 2. The officers of said district shall consist of two trustees, who, together with the clerk and school inspectors of said township, shall constitute the board of education of said district. Said trustees shall be elected by ballot at the annual township meeting of the township, upon the same ticket and canvassed in the same manner as township officers required by law to be elected by ballot: Provided, That, at the annual election to be held in said township next subsequent to the filing of the petition as set forth in section one of this act, there shall be elected two trustees for said district by the electors thereof, one of whom shall hold his office for the term of one year, and the other one for the term of two years, and until their successors shall be elected and qualified, Proviso. Officers of district. Proviso. * Commissioner of schools. GENERAL SCHOOL LAWS. and the time for which the person voted for is intended shall be designated on the ballot; and at each election thereafter to be held one trustee shall be elected in said district, who shall hold his office for the term of two years and until his successor shall be elected and quali- fied, said trustee to be designated on the ticket or ballot for "Member of Board of Education." (199.) SEC. 3. Within five days after the annual elec- Duty of town- tion the township clerk shall notify in writing, the persons shlp clerk) etc< elected trustees under this act of their election, and within five days thereafter said trustees so elected shall take and subscribe the oath of office prescribed by the constitution of this State, before any officer authorized to administer oaths, and file the same with the township clerk. The term of office of the trustees of said district shall com- mence on the second Monday following the annual town- ship election at which they are elected. (200.) SEC. 4. The members of the board of education organization of shall meet on the third Monday of April of each year, at board ' etc> the office of the township clerk, and organize. The school inspector of the township whose term of office will soonest expire shall be president of the board and shall be entitled to vote in all cases. In the absence of the president at any meeting a majority of the members present may choose one of their own number president pro tern. The township cierk. clerk of said township shall be ex officio clerk of said board Treasurer - of education, and shall be entitled to vote thereon ; and in case of the absence of said clerk the board may choose some suitable person to perform his duties. Said board shall, on the said third Monday of April in each year, elect from their own number a treasurer, who shall . hold his v office for one year and until his successor is elected and qualified and may at any time fill a vacancy in the office of treasurer: Provided, That the person appointed proviso, to fill a vacancy in the office of treasurer shall hold the office for the unexpired portion of the term only. The treasurer of said board shall, within five days after his appointment as such treasurer, file with the clerk of said board the constitutional oath of office. He shall also, TO give bond, before entering upon the duties of his office, give a bond to said district in such sum and with such sureties as said board shall determine and approve, conditioned for the faithful performance of his duties under this act, and honestly accounting for all moneys coming into his hands belonging to said district. The treasurer of said board shall have the keeping of all school and library moneys, and shall not pay out the same without the authority of the board, upon warrants or orders drawn upon him and signed by the clerk and countersigned by the president. (201.) SEC. 5. Said board of education shall have power vacancies, to fill vacancies that may occur in the office of trustee until the next annual election, and such trustee shall file 10 74 GENERAL SCHOOL LAWS. with the clerk of said board his oath of office within five days after such appointment by the board. Quorum, meet- (202.) SEC. 6. A majority of the members of said ings, etc. board shall constitute a quorum, and the regular meetings of said board shall be held on the third Monday of April, August, and December in each year, and no notice of such meeting shall be required; and any two members of said board shall be' sufficient to adjourn any meeting from time to time, until a quorum is present. Special meetings of said board may be called at any time on the request of the president or any two members thereof, in writing, delivered to the clerk, and the clerk upon receiv- ing such request shall at once notify each member of said board, if within said district, of the time of holding such meeting, which shall be at least three days subsequent to the time of receiving such request by said clerk. All [the] meetings of said board shall be held at the township clerk's office, unless otherwise ordered by a resolution of the board; and all records and papers of said district shall be kept in the custody of said clerk and shall be open to the inspection of any taxpayer of said district. Board to report, (203. ) SEC. 7. The said board shall be the board of school inspectors for said district and shall, as such, report to the clerk of the county in which such township is located, and shall have all the powers and perform all the duties now enjoyed and performed by boards of school inspectors; and the president of said board shall perform all the duties required by law of the chairman of the board of school inspectors, and the board of school inspectors for such township is hereby abolished except as its powers are vested in said board of education, powers of board, (204.) SEC. 8. The board of education of said district shall have power and authority to designate and purchase sohoolhouse sites, erect buildings and furnish the same, employ legally qualified teachers, provide books for district library, make by-laws relative to taking the census of all children in said district between the ages of five and twenty years, and to make all necessary reports and transmit the same to the proper officers, as designated by law, so that the district may be entitled to its proportion of the primary school fund: and said board shall have authority to make all needful regulations and by-laws relative to visitation of schools; relative to the length of time school shall be kept, which shall not be less than three months in each year; relative to the employment of teachers duly and legally qualified; relative to the regulations of schools and the books to be used therein; and generally to do all things needful and desirable for the maintenance, prosper- ity, and success of the schools of said district, and the promotion of a thorough education of the children thereof. Treasurer to ap . It shall be the duty of the treasurer of said board to apply piy for moneys, for 'and receive from the township treasurer or other officer GENERAL, SCHOOL LAWS. 75 holding the same, all moneys appropriated for primary school and district library of said district. (205. ) SEC. 9. At each annual township meeting held in said township, the qualified electors present shall deter- mine the amount of money to be raised by tax for all school purposes for the ensuing year: Provided, That in case the electors at any annual township meeting shall neglect or refuse to determine the amount to be raised as aforesaid, then the- board of education shall determine the same at any regular meeting thereof, which amount the township clerk shall, within sixty days thereafter, cer- tify to the supervisor of the township, who shall spread the same upon the regular tax roll of said township, and the same shall be levied, collected, and returned in the same manner as. other township taxes: Provided, That for purchasing school lots and for erecting schoolhouses, no greater sum than three mills' on the dollar of all the tax- able valuation of the real and personal property in said township shall be levied in any one year. (206.) SEC. 10. All taxes assessed within said township for school purposes shall be set forth in the assessment roll of said township, in a separate column, apart and dis- tinct from all other township taxes. (207.) SEC. 11. The treasurer of the township shall at any time, at the written request of said board of educa- tion, report to said board the amount of school money in his hands, and shall, on the order of the president of said board of education, pay to the treasurer of said board all such money, taking his receipt therefor, and also a dupli- cate receipt which he shall file with the clerk of said board. (208. ) SEC. 12. The said board shall annually, prior to the first day of April in each year, make a detailed state- ment of the number of schools in said district, the num- ber of teachers employed, and the number of pupils instructed therein during the preceding year, and the expenditures of said board for all purposes, and also the resources and liabilities of said district, which report or statement shall be entered at length in the record of said board and shall be publicly read by the president of said board or, in his absence, by the 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- sonal, within the limits of a township incorporated as aforesaid, shall, by force of this act become the property of the public schools of such township and all debts and liabilities of the primary school district of said township as they existed prior to its incorporation under the pro- visions of this act, shall become the debts and liabilities of said public schools of the township so incorporated. Tax for school purposes. Proviso. Idem, Of assessment roll. Treasurer to report, etc. Board to make statement, etc. Disposition of school propertj. 76 GENERAL SCHOOL LAWS. Compensation of board, etc. When township is divided, etc. of moneys raised (210.) SEC, 14. All money raised or being raised by tax, or accrued or accruing to the school districts of said township as organized under the primary school laws of this State, shall hereby become the money of the public school of the township; and no tax heretofore ordered, assessed, or levied for school purposes in said township or other proceedings, shall be invalidated or affected by means of this act. (211.) SEC. 15. The compensation of the members of the board of education shall be one dollar and fifty cents for each day's actual service rendered for said district; and the clerk and treasurer of said board shall receive such compensation for their services as the board may deter- mine, not exceeding fifty dollars each per annum. (212.) SEC. 16. When any township district shall be divided into two or more townships, the existing board of trustees shall continue to act for all the townships, until the same 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 town- ship 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 apportionment upon the amount of taxable property in the township divided, as shown by the last assessment roll of such former town- ship. When a township district shall be altered in its limits by annexing a portion of its territory to another township or townships, the township board of each of the townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school district of the township from which the territory has been detached, basing their divi- sion upon the amount of taxable property, as the same shall appear upon the last assessment roll of such township. Alteration of township, etc. CHAPTER XXVI. [ Act No. 119, Public Acts of 1891. j * INTRODUCTION OF THE KINDERGARTEN. Duty of district (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 district respectively with the necessary apparatus and * This law permits the introduction of the kindergarten method, but does not make it mandatory. GENERAL SCHOOL LAWS. appliances for the instruction of children in what is known as the kindergarten method. i 214.) SEC. 2. In the employment of teachers it shall Qualifications be 'competent for such district board to require qualifier- tions for instruction of children in kindergarten methods; and the district board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may pre- scribe. ( 215. ) SEC. 3. All children residing within the district what children between the ages of four and seven shall be entitled to traedoo. ' instructions in the kindergarten department of such dis- trict school. (216.) SEC. 4. The powers and duties herein imposed Act to apply to or conferred upon the district shall also be and the same JJhooi8. ther are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and village of this State; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named herein. CHAPTER XXVII. [ Act No. 144, Public Acts of 1891. ] UNIVERSITY DIPLOMAS AND CERTIFICATES. (217.) SECTION 1. The faculty of the department of lit- university may erature, science, and the arts, of the University of Michigan, t^^"?^ shall give to every person receiving a bachelor's, master's, see 130, tee, or doctor's degree, and also a teacher's diploma for work 1<59> done in the science and the arts of teaching, from said university, a certificate, which shall serve as a legal cer- tificate of qualification to teach in any of the schools of this State, when a copy thereof shall have been filed or recorded in the office of the legal examining officer or officers of the county, township, city, or district. Such oer- or annummr tificate shall not be liable to be annulled except by the w said faculty of the said University ; but its effect may be suspended in any county, township, city, or district, and the holder thereof may be stricken from the list of quali- fied teachers in such county, township, city, or district, by the legal examining officer or officers of the said county, township, city, or district for any cause and in the same manner that such examining officer or officers may be by law authorized to revoke certificates given by himself or themselves, and such suspension shall continue in force until revoked by the authority suspending it. 78 GENERAL SCHOOL LAWS. CHAPTER XXVIII. [ Act No. 186, Public Acts of 1893. ] certificates to COLLEGE DIPLOMAS AND CERTIFICATES. (218.) SECTION 1. The State Board of Education is hereby empowered and shall grant teachers' certificates without examination to any person who has received a bachelor's, master's, or doctor's degree from any college in this State having a course of study actually taught in such college, of not less than four years, in addition to the preparatory work necessary for admission to the Uni- versity of Michigan, upon the recommendation from the faculty of such college, stating that in their judgment the applicant is entitled to receive such certificate; and in addition thereto, a course in the science and art of teach- ing of at least one college year of five and a half hours per week, which shall have been approved by said board of education, whi*h course shall have been taken by such person who shall have received a diploma therefor, and shall include a thorough examination of the applicant by the college granting such diploma, as to qualification and fitness for teaching: Provided, That if said person furnishes to said board satisfactory proof of having suc- cessfully taught for three years in the schools of this certificate for State, said certificate shall be a life certificate. If such proof is not furnished said board, then such certificate Life 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 with- out examination, provided a copy of the same shall have been filed or recorded in the office of the legal examin- ing officer or officers of the county, city, township, or dis- trict 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 * 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 Educa- tion 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 teachers' certificate shall be given by said Board of Edu- ujon n conege !l(le course. _ GENERAL SCHOOL LAWS. 79 board to the graduate of such college until said board shall be satisfied that proper instruction in the science and art of teaching and in other branches is given by such college, and shall certify such fact "to the trustees of such college. mai.i CHAPTER XXIX. [ Act No. 146, Public Acts of 189f (221.) SECTION 1. The People of the Stale -of Michigan Teaching P re- enact, That there shall be taught in every year in every public school in Michigan, the principal modes by which each of the dangerous communicable diseases are spread, and the best methods for the restriction and prevention of each such disease. The State Board of Health shall annually send to the public school superintendents and teachers throughout this State, printed data and statements which shall enable them to comply with this act. School Furnished by boards are hereby required to direct such superintendents BoardofHealth ' and teachers to give oral and blackboard instruction, using the data and statements supplied by the State Board of Health. ('222.) SEC. 2. Neglect or refusal on the part of any penalty, superintendent or teacher to comply with the provisions of this law, shall be considered a sufficient cause for dis- missal 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 XXX. [ Act No. 101, Public Acts of 1895. ] LAMINATION FOR ADMISSION TO AGRICULTURAL COLLEGE. (223.) SECTION 1. The People of the Slate of Michigan nomination of enact, That it shall be the duty of the State Superintend- ent of Public Instruction to secure, at least twice each year, from the president of the Michigan Agricultural College, a set of examination questions in all the studies required for admission to said college. It shall also be Questions used, the duty of the State Superintendent of Public Instruc- tion to send a printed list of said examination questions to each county commissioner of schools. ($224.). SEC. 2. It shall be the duty of each county Duty or a.m. commissioner of schools to give public notice of this ml88loner - examination at the time of all regular teachers' examina- 80 GENERAL SCHOOL LAWS. tions, and to submit the questions aforesaid to any candi- date who may desire to enter the Agricultural College. conductor The examination shall be conducted in the same manner as are the regular teachers' examinations of the county. The work of each and every candidate, together with the name and address, shall be forwarded by the commissioner within five days from the date of the examination, to the president of the college, who shall examine and grade the answers and report to the 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. CHAPTER XXXI. [ Act No. 56, Public Acts of 1895. ] PURCHASE OF UNITED STATES FLAGS. size of flag. (225.) 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 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 or near the public school building during school hours and at such other times as to the said boards may seem proper; and that the necessary funds to defray the expenses to be incurred herein shall be assessed and col- lected in the same manner as moneys for public school purposes are assessed and collected by law. 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 townships 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 apportioned among GENERAL SCHOOL LAWS. 81 the several school districts of such township or city in proportion to the number of children therein of school age." The apportionment must be based upon the whole number of children of school age residing in the town- ship, 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 town- ship, the money belonging to such district must be paid over to the treasurer of the township in which the school- house is situated, and by that treasurer paid to the dis- trict 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 township 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 treasurer to the said township, or part of township, and said city, in proportion to the amount contributed to said fund during the preced- ing year; and the amount so apportioned to any said town- ship, or part of township or said city, shall be respectively apportioned among the several school districts of said town- ship, or part of township, and said city, in proportion to the number of children therein of school age." The dis- tribution of the surplus will hereafter be made in accord- ance with the provisions of section 6 of Act No. 198, Pub- lic Acts of 1877, as amended by Act No. 283 of the Public Acte of 1881. 11 APPENDIX A. DIGEST OF DECISIONS OF THE SUPREME COURT. TOWNSHIP BOARD OF SCHOOL INSPECTORS. Tfl. 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. If 2. The township board of school inspectors have no power to dissolve 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 District v. Dean, 17 Mich., 223. Tf3. 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. ^[4. 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 Township v. the Township of Riverside, 67 Mich., 404. II. APPEALS FROM ACTION OF SCHOOL INSPECTORS. TJ5. 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 in bad faith and for vexation, will not render the bond sufficient without DIGEST OF DECISIONS. 83 i n approval, since, under the statute, it may be approved also by any jus- i ice of the township. Clement v. Everest, 29 Mich., 19. fJ. The validity of the action of school inspectors in changing the oundaries of school districts, is not affected by the fact that the inspectors rere interested parties as taxpayers and residents; the disabling doctrine ias no application to those administrative acts which are public and not rith or between private parties. Ibid. * 7. The regularity of the action of school inspectors in creating or hanging school districts, will not be inquired into in a collateral proceed- ng; their action is the exercise of a public discretionary power which can >nly be reviewed, if at all, by some direct appellate process authorized by aw and operating upon the proceedings themselves to affirm, reverse, or ;hange them. Ibid. ~8. Parties appealing under the statute from the action of school nspectors in arranging school districts, to the township board, thereby ^aive those questions which require judicial review and submit themselves ;o the discretion of that body; and a certiorari to the township board does lot open for review the doings of the inspectors. Brody v. Townshij) Board of Penn., 32 Mich., 272. * 9. It was never intended that a court should exercise any of these powers of discretionary administration; and when, on such appeal, the township 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. * 10. 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. Ml. 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. Ill, TOWNSHIP BOARD. 12. 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 inquiry in which the payee named in the order is an interested party. Stockwell v. Toicnship Board of White Lake, 22 Mich., 341. 13. 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 " such member is essential to the quorum, the proceedings are void. Ibid. 14. When either of the members of the township board is interested 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. I hid. APPENDIX A. 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. T[16. The removal of a school district assessor by the township board is reviewable on certiorari. Merrick v. Totvnship Board, 41 Mich., 630. T17. 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. 1[18. 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. ^19. 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. ^20. 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 Hamtramck v. Holihan, 46 Mich., 127. If21. 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. T"22. 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 complain that they did so. Geddes v. Township of Thomastown, 46 Mich., 316. 1J23. The action of a township board in removing a school director is final, unless speedily brought up for review. Ibid. ^24. 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. IV. ORGANIZATION OF SCHOOL DISTRICTS. T25. 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 inspec- tors to the township board. Lord v. Every, 338 Mich., 405. T[26. 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, DIGEST OF DECISIONS. 85 II [ i istead of the speedier statutory process of appeal, the supreme court ( eclined to review its organization on technicalities. Ibid. '11. The legal organization of a school district actually exercising its i orporate powers, cannot be collaterally questioned in contesting a title i-ased on a school tax Stockle et al. r. Silsbee, 41 Mich., 615. '28. A ceriiorari to review proceedings whereby a new school district .as been created out of old districts, must be applied for before the .istrict has been organized and assumed the functions of a corporation; iter that time the proper course is to take measures to try the legality >f its corporate existence by quo warranto, or other direct proceeding .gainst the alleged corporation or its officers. Fractional School District Vo. 1 of Owosso, etc., v. School Inspectors of Owosso, etc., 27 Mich., 3. 29. Certiorari addressed to the assessor of a school district is wholly insuited as a remedy to test the legal organization and existence of ;he district, as the errors, if any there are, lie back of any action of ;he assessor and are to be found in the action of the township luthorities. Jaquith v. Hale, 31 Mich., 430. 30. 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. 31. 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. *32. Injunction lies to restrain the sale for school taxes, of lands unlawfully included within the taxing district. Ibid. *~33. A writ of ceriiorari 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 completed, a tax voted, and contract made for building a school- house, and interests established which cannot be overturned without public inconvenience and injury and individual damage. Parman v. Board of School Inspectors, 49 Mich., 63. "34. Where ccrtiorari 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. I hid. 35. 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 juris- dictional defects, nor is the fact that it covers territory not actually taken. I hid. 36. 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 Toicnships, 59 Mich., 391. Tf37. In the absence of the consent of the owners of lands which have en 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. APPENDIX A. JBS. The statutory requirement for notice of the meeting of a town- ship board of school inspectors to alter the boundaries of a district, is jurisdictional;and until such notice has been given and proof of posting made, as required by law, the inspectors have no power to act. Frac- tional School District No. 3 of Martin, Watson, and Wayland Town- ships v. Boards of School Inspectors of said Townships, 63 Mich., 611. Tl39. 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. ^[40. The statutory provision requiring the town clerk to give notice of every meeting of the board of school inspectors of his township existing prior to the 1881 amendment, was imperative, and the appor- tionment 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 assessment and collection of a tax to satisfy the amount so apportioned as its share of such valuation. Ibid. ^ 41. A township board of school inspectors may, under one notice and at one meeting, by separate action, detach lands from separate school districts and attach them to one district. Doxey v. The Township Board of School Inspectors of Martin Township, 67 Mich., 601. If42, Where the action of a board of school inspectors in detaching territory from a district without the consent of a majority of the resident taxpayers and attaching it to another district, left land enough in the former for school purposes, they may afterwards consolidate such remain- ing territory, with the consent of its remaining taxpayers, with any other district which gives a like consent. Ibid. ^[43. 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 was allowed to vote, without reference to sex, or whether or not he or she was a resident taxpayer. Ten or more persons who were not resident taxpayers voted, and some of the legal taxpayers did not vote, 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 Statutes, 5041. Briggs v. Borden et al. School Inspectors, 38 N. W. Kep., 712. Tf44. 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. If 45. Under Howell's 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 inspectors 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 Coif ax Township. 40, N. W. Kep, 928. T[46. Proceedings for organizing a new school district, taken without giving the full ten days' notice required by Howell's Statutes 5040, are DIGEST OF DECISIONS. 87 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. 47. 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. - ,48. Under Howell's 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 49. The statutory provision concerning the election of school district officers by ballot is mandatory; but where such officers have been unani- mously elected by vice 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. * 50. 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. *")!. An assessor cannot lawfully withhold the district funds in his hands, when the same are properly demanded by his successor a fortnight 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. * ;V2. 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. C 53. The assessor of a school district is the lawful treasurer and depository 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. * ")4. 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. -~>5. 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. 88 APPENDIX A. Tf56. 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 warrants drawn by the director and countersigned by the moderator. The assessor is made treasurer of the district, and required to hold all district moneys until properly drawn out by warrant. It is made the express duty of the director to draw and sign warrants upon the township treasurer, payable to the assessor, for all moneys raised for district purposes 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 moderator to countersign such warrants. Burns v. Bender, 36 Mich., 195. ^[57. 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 cus- tody of the assessor, if qualified, is laid on the director; and the duty of Erocuring this transfer within some reasonable time is not discretionary, ut 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. 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. Tf59. The query is suggested, whether the assessor would not also be a competent relator. Ibid. *[[60. 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. 1J61. Kespondent 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. ^[62. 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. Tf63. 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. If 64: 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 DIGEST OF DECISIONS. 89 _ __ township moneys, and cannot be released or in any way affected by the action of the township board. Jones v. Wright, 34 Mich., 371. t)5. 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. f>6. 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. i)7. 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 Wayland et al, 47 Mich., 226. Tf68. 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. f>9. A corporate act which can only be taken by a two-thirds vote, cannot be rescinded by a bare majority. Ibid. - 70. School orders, payable to bearer, when sold without indorsement at a discount, and it not appearing that the vendor 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. * 71. 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 was raised for the purposes of the school district and belonged thereto. Bryant v. Moore, 50 Mich., 225. 72. 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 can- not refuse on the ground that his right to the custody of the remainder is disputed. lhi o Pll APPENDIX C RULES FOE SCHOOL LIBRARIES. NOTE. The following regulations for the management of the school libraries are pre- pared in accordance with the provisions of Compiler's Sections 3 and 115 of the general school laws. As given these rules are suitable for township libraries; if it be desired to adapt them to the needs of district libraries, a few slight changes which are readily apparent, will be necessary. 1. The librarian shall have charge of the library, and keep a catalog of all the books belonging to the library, in a book to be provided for that purpose. 2. Every volume in the library shall have posted on the inside of the cover a printed label, giving the name of the township, the number of the volume, and the fine for not returning it within the specified time, and for the loss of or injury to any book. 3. Every volume loaned shall be entered by the librarian in a book to be provided for that purpose, by its catalog number, with the day on which it was loaned, the name of the borrower, and the name of the per- son to whom it is charged (see regulation 5), the date when returned, and condition of the book, and the fine assessed for detention or injury to the book, as in the following form: Date of Delivery. No. of book Delivered. To whom Delivered. To whom Charged. When Returned. Condition when Returned. Fine for Detention. Fine for Injnry. .. 4. No person shall be allowed to have more than one volume at a time, or to retain the same longer than two weeks; nor shall any person who has incurred a fine imposed by these regulations, receive a book while such fine remains unpaid. 15 114 APPENDIX C. 5. Books may be loaned to minors and charged to their parents, guard- ians, or other persons with whom they reside, who shall be responsible for the books under these regulations. 6. On the election of a librarian, his predecessor shall, within ten days thereafter, deliver to him all the printed and manuscript books, pamph- lets, papers, cases, and all other property belonging to the library which was in his custody, for which the librarian shall give him a full receipt, discharging him from all responsibility therefor, except in the case herein provided; and on receiving the library property, the librarian shall care- fully examine all books and other property appertaining to the library;, and if any loss or injury shall have been sustained, for which a fine has not been imposed by his predecessor, or for which a fine has been imposed but not certified by him to the treasurer of the board of school inspectors, the librarian shall certify the amount thereof to said treasurer, who shall collect the same of such predecessor in the same manner as other fines are collected. 7. In case of vacancy in the office of librarian, the township clerk shall perform the duties of librarian, until the vacancy is filled. 8. If any person having held the office of librarian, shall neglect or refuse to deliver to his successor all the library property, as prescribed in the sixth regulation, the treasurer of the board of school inspectors shall forthwith commence an action in the name of the township for the recov- ery of the property he shall so neglect or refuse to deliver. 9. On the return of every book to the library, the librarian shall exam- ine it carefully, to ascertain what injury, if any, has been sustained by it,, and shall charge the amount of the fine accordingly. 10. The following fines shall be assessed by the librarian as herein provided: First, For detaining a book beyond two weeks, five cents per week; Second, For the loss of a volume, the cost of the book; and, if one of a set, an amount sufficient to purchase a new set; Third, For a leaf of the text torn out or lost, or so soiled as to render it illegible, the cost of the book; and, if one of a set, the cost of a new set; Fourth, For an injury beyond ordinary wear, an amount proportionate to the injury, to be estimated by the librarian, subject to revision, upon appeal, by the board of school inspectors; Fifth, Whenever any book shall not be returned within six weeks from the time it was loaned, it shall be deemed to be lost, and the person so detaining it shall be charged with its cost in addition to the weekly fine for detention, up to the time such charge is made. But if the book be finally returned, the charge for loss shall be remitted; and the fine for not returning the book shall be levied up to the time of such return: Pro- vided, That in no case shall the amount of weekly fines exceed double the' cost of the book. 11. On the third Monday of August, November, February, and May, and also immediately before he vacates his office, the librarian shall report to the treasurer of the board of school inspectors, the name of every per- son liable for fines and the amount each of such persons is liable to pay; and said treasurer shall immediately proceed to collect the same and, if RULES FOR SCHOOL LIBRARIES. lio- paid, he shall forthwith bring an action in the name of the township for the recovery thereof. 12. The library fines collected shall first be applied to the replacing of lost volumes, binding pamphlets, and rebinding such books as may require it. 13. On the first Monday of September in each year, the librarian shall report to the township board of school inspectors as follows: First, The number of volumes in the library; Second, The number of volumes purchased during the year; Third, The number of volumes presented during the year; Fourth, The number of volumes loaned during the year [counting each volume once for each time it is loaned]; Fifth, The amount of fines assessed; Sixth, Such other items as the board of school inspectors may require for their annual report to the Superintendent of Public Instruction. INDEX. INDEX. CTS: Page of school inspactors' reports, 1 10 ACCEPTANCE OF OFFICE: filed with and recorded by director, 82, 108, 199 20, 44, 73 neglect to file vacates office, 29 19 penalty for failing to file, 14L. 56 ACCOUNTS: of director, 48, 109 1 25,45 inspectors, 57 29 members of board of school examiners, 135 54 ACTION: against school districts, 82, 88 36 relative to obtaining site, 89-108 37-42 ADJOUBNMENTS: of district meeting, 27 17 proceedings to obtain site, 99 41 ADMISSION OF PUPILS: non-resident, 48 24 resident, 45 23 to high school, 109 44 kindergarten, S 215 77 AGE: school, 45, 197, 215 28,72,77 at which education is compulsory, 8 182 65 AGENTS FOB SCHOOL BOOKS. ETC.: officers, superintendents, and teachers not to act as, 186, 148 55,57 AGRICULTURAL SCHOOL: examination for admission to, 223 79 to be provided, con. prov., art xiii, sec. 11 9 ALIENS: not eligible to office, 31 20 ALTERATION: in boundaries of districts, SS 15-18 13,14 graded school districts, 110 45 township school districts, g 212 76 of schoolhouse sites, g 89 87 (See School District ; also, Township Board of Inspectors.) ANNUAL MEETINd: (See District Meetings.) ANNULMENT OF CERTIFICATES; by county board of school examiners, 132 52 faculty of University, g 217 77 State Board of Education, ^ 167, 168, 170, 218... 62, 63, 78 120 INDEX. Page APPARATUS: director authorized to purchase, 848... 25 tax may be voted for the purchase of , 27 18 APPEAL: from inspectors to township board, 104-106 42, 43 APPENDAGES TO SCHOOLHOUSE: lax may be voted for procuring, 27... 18 to be provided by director, 48 .. _ 25 APPOINTMENT: of building committee, 27 18 clerk of meeting in director's absence, 27, 200 17, 78 conductor of teachers' institute, 159 60 county commissioner of schools in case of vacancy, 187 55 deputy superintendent of public instruction, 2 10 district officers in case of vacancy, 30 19 trustees in case of vacancy, 108, 201 44, 78 first meeting of a district, 9, 197 . 12, 71 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, 74 State officers in case of a vacancy, con. prov., art. viii, sec. 8 8 truant officers, 183 66 APPORTIONMENT: of library moneys, 123 , 48 moneys collected in fractional districts, 74 83 on division of a district, 71, 212 33, 76 raised by taxes, 64 w 30 to districts by township clerk, 63 30 one-mill tax, 66 .; 81 primary school interest fund, 4-6 11 county clerk's duties, 76 84 treasurer's duties, 77 34 property on division of a district, 19, 20, 212... 14, 15, 76 tax assessed before and collected after division of districts, 71 33 township treasurer's duties in relation to, 64 30 ASSESSMENT OF TAXES: (See Taxee.) ASSESSOR: acceptance of office, 32, 108 20, 44 a member of district board, 38 _ 20 board of inspection at election to vote bonds, 78 . 35 and moderator to audit director's accounts, 48 25 bond required, 52 27 election and term of office of , 28, 108 - 19. 44 may be removed from office, 147 57 money paid to, from old district, 67 -- 32 penalty for neglecting duties, 141 56 summons to be served on, in suits, 83 _ 36 to appear for district in suits, 52 27 certify judgment against district to supervisor, 85-87 _ 36 collect damages from township clerk or supervisor, 148 54 keep record of receipts and expenditures, 52 27 pay orders, legally drawn, from proper funds, 52 27 report to district board receipts and disbursements, 52 27 warrants on township treasurer payable to, 48 _ 25 (See District Board; also, Moneys.) INDEX. 121 Page RATIONS: teachers may form, 171-173 63,64 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. 88, 39 BALLOT: election of officers to be by, 28, 78, 107, 198 19, 35, 44, 72 BLIND: institution for, con. prov., art. xiii, 10 9 BOARD, DISTRICT: (See District Board.) BOARD OF EDUCATION: (See State Board of Education.) BOARD OF INSPECTION: at election to vote on issuance of bonds, 78 85 BOARD OF INSTRUCTION: of State Normal School may grant certificates, 167, 168 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 45 election and term of office of , 107 44 officers of , 108 _ 44 powers and duties of , 109 44 vacancy in, how filled, 108 44 (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: liability of county treasurer on, 96 40 (of appellants from inspectors' action, 105 42 assessor, 52 ... 27 chairman of board of school inspectors, 54 ."... 28 county commissioner of schools, 127 '. 50 treasurer of township board of education, 200 78 BONDS: election to vote on issuance of , 78 34 limitations of, 78. . 84 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.) 122 INDEX. Page BOUNDARIES OF DISTRICTS: alterations in, 15-18 13,14 described in first notice, 9 12 map to be made showing, 61 29 of graded school districts, 110 45 township school districts, 212 _ 76 (See School Districts; also Township Board of School Inspectors.) BUILDING COMMITTEE: voters may appoint and prescribe duties, 27__ _ 18 BUILDINGS: (See Schoolhonses.) BY-LAWS: (See Regulations.) CENSUS OF SCHOOL DISTRICTS: when and how taken, 49, 204.. 25,74 time of taking not to be changed, 21 15 CERTIFICATE: of court in proceedings to obtain site, 94 , _ 39 inspectors on establishing site, 89 : 37 instruction in physiology, etc., to be filed by teacher, 42 23 copy to be filed by director with township clerk, 42 28 to supervisor, of taxes to be assessed, 62, 68, 205 30, 32, 75 township clerk, of district taxes, 37 21 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 77 State Board of Education, 170, 218 63, 78 Normal School, 167 62 grades of, and requisite qualifications to obtain, 181 51, 52 list of teachers having, to be furnished township clerk, 138 53 necessity of having to entitle to pay, 40 22 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, 170, 217 52, 68, 77 signed by commissioner and one member, 130 51 two classes of third grade, 181 52 CHAIRMAN: of board of school inspectors, 53 28 compensation of, 183 66 duties relative to supervision of schools, 134 _ 54 to give bond, 54 f_ 28 first meeting of district, 9, 140 12,56 meeting may arrest disorderly person, 26 17 be appointed in absence of moderator, 27 _ 17 to give oath to challenged voter, 25.. 18 CHALLENGE:: of voter at district meetings, 25 16 juror in proceedings to obtain site, 93 _ 88 CHILDREN: census list of, 49,204 25,74 compulsory education of , 182-189 65-68 duties of police officers with respect to, 183 66 (dee Pupils.) CLASSIFICATION OF PUPILS: (See Pupils.) INDEX. 123 Page tK: of board of school inspectors, 53,59 28,29 county. (See County Clerk.) district, director to be, 48 _ 24 township. (See Township Clerk.) COLLECTION: of damages for not reporting and assessing taxes, 146 57 fines for injuring library books, 116 47 institute fees from teachers, 156 59 judgment against district, 84-88 38 penalties, 143, 148 58, 57 taxes, 65, 74 '_ 80,38 COMMITTEE ON BUILDING; voters may appoint and prescribe duties, 27 18 COMMUNICABLE DISEASES: teaching prevention of, 221, 222 - 79 COMPENSATION: for site determined by jury, 94 _ 39 of inspectors for meetings, limited, 58 29 members of county board of school examiners, 135 _.. 54 Board of Education, 211 76 officers and jurors in proceedings to obtain site, 102 41 in school districts, 27, 109, 211 17, 45, 76 county commissioner, 135 54 teachers, 40, 109, 204 22,45,76 COMPULSORY EDUCATION: age at which compulsory, 182 65 children exempted, 182 65 to be sent to reformatory institutions, 188, 206 68, 69 establishment of ungraded schools, 185 . 67 incorrigible children in graded schools to be sent to ungraded, 186 87 judge may suspend sentence in certain cases, 188 _ 68 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 28 who are truants under this act, 186, 190 67, 88 CONDUCTOR: of teachers' institutes, 1S9 69 CONSOLIDATION OF DISTRICTS: (See School Districts ; also, Township 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 7 finance and taxation, art. xiv, sec. 1 9 free echools to be maintained, art. xiii, sees. 4, 5 7, 8 institutions for deaf , dumb, and blind, art. xiii, sec. 10 9 libraries to be provided, art. xiii, sec. 12 9 regents of the University, art. xiii, sees. 6-8 8 school funds, art. xiii, sec. 2 7 State Board of Education, art. xiii, sec. 9 8 officers to be elected, art. viii, sec. 1 6 Cterm of office, art. viii. sec. 2 8 vacancy in office, how filled, art. viii, sec. 3 6 where to keep offices, art. viii, sec. 1 6 >NTRACT: with teachers, 40, 109, 204 22, 45, 74 124 INDEX. Page CORPORATE POWERS: of districts, 14 13 teachers' associations, 178 64 CORPORATIONS: teachers may form, 171-173 63,64 COUNTY BOARD OF SCHOOL EXAMINERS: compensation of members of, 185 54 county clerk's duties in relation to election of, 126 49, 50 dnties of county commissioner, 133 53, 54 election and term of office of , 126 49 grades of certificates issued by, 181 51, 52 may hold special meetings, 129 .*. . 50 suspend or revoke certificates, 182 52 schedule of meetings for special examinations to be published, 129 51 file oaths of office, 126 49 meetings for examination of teachers, 129 _ 50 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 40 relation to apportionment of moneys, 76, 122 84, 48 election of school examiners, 126 49 county commissioner of schools, 127 50 inspectors' reports, 76, 144, 203 84, 56, 74 to draw order on county treasurer for institute moneys, 160 61 receive and dispose of communications, etc., sent by State Superintendent, 75 34 COUNTY COMMISSIONER OF SCHOOLS: compensation of, 135 _. 54 duties of , 133 52 counsel with teachers, 183 53 examination of candidates for admission to Agricultural College, 223, 224 79 examinations, hold, 129.. 50 keep record of, 138 58 prepare schedule of , 129 _.. 51 file acceptance of office and bond, 126 49 furnish list of teachers, 133 _. 53 receive annual reports, 183 53 institute fees, 133 58 instructions from superintendent, 183 58 shall sign certificates, 180 51 visit schools, 183 53 election of, 126 49 eligibility to office, 128 50 grant,special certificates, 131 _ 52 may renew certificates, 130 51 not act as agent, 136 55 vacancy in office of , 187 55 COUNTY INSTITUTES: (See Teachers' Institutes.) COUNTY TREASURER: liability on bond, 96 39 money for site deposited with, 96, 101 89,41 statements of apportionment filed with, 76, 122 ....34,48 to apply to State treasurer for certain moneys, 77 84 INDEX. 125 Page UNTY TREASURER-Confmued; to apportion library moneys, 122 48 notify township clerk and treasurer of moneys, 77 34 pay teachers' institute fund on order of clerk, 160 60 township treasurer township moneys, 77 84 set apart institute fees as institute fund, 157 60 vouchers for payment at teachers' institutes filed with, 163 61 COURSE OF STUDY: to be prescribed for schools, 42, 109 22,44 CRIMES AND OFFENSES: disturbing district meeting, 26 17 school, 44 23 illegal uee of moneys, 180 65 (See Penalties) DAMAGES: to be collected from certain officers for neglect of duties, 148.. _ 57 books in libraries, 116 48 DEAF, DUMB, AND BLIND: institutions for, con. prov., art, xiii, sec. 10 _ 9 DECISIONS OF SUPREME COURT: (See Digest of Supreme Court Decisions.) DEED: to schoolhoose site, 35 20 DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE: by assessor of district, 52 28 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 DEClSIONS:-(AppendixA.) admission of colored children to school, ^[ 118. _ 94 appeals from action of inspectors, tf*[ 5-11 82, 83 district moneys, warrants, and orders, Iffi 50-78 87-90 graded and high school districts, H[ 185-143 96,97 liabilities of school districts, ;'[ 97-111 92,93 library moneys, '[r 144-146 97 miscellaneous, :*; 147-171.. 97-100 organization of school districts, HIT 25-49 84-87 powers of board of school inspectors, *ffi 1-4 82 township board, ;[ 12-24 88, 84 school sites and schoolhonsee, Hi 114-134 94-96 teachers' contracts and certificates, Vf 79,96 90 tuition of non-resident pupils, !1 112 93 DIPLOMAS: to graduates of the State Normal School, 167, 168....^ 62 DIRECTOR: acceptance of office, 8 32, 108 20,44 account of , 48, 109 25,45 a member of district board, 83 20 board of inspection, at election to issue bonds, 78 35 and moderator to certify payments to supervisor, 67 82 approve bond of assessor, 52 27 execute bonds of district, 79 35 appointment of, in case of vacancy, 30 19 clerk in absence of , 27... 17 126 INDEX. Page DIRECTOR Continued : election and term of office of , 28, 108 19,44 of fractional district, to whom to report, 51 26 judgment certified to, by assessor, 85 36 may be removed by township board, 147 _ 57 penalty for neglect to accept office or perform duties, 141 56 reports of, to be filed with township clerk, 50 26 record of, relative to organization of district, 13 _ 18 to be clerk of district, 48, 200 24,73 furnished with register of school, 40 22 notified of alterations in district, 18 14 moneys to be apportioned, 64 30 site fixed by inspectors, 89 37 draw and sign warrants and orders, 48 25 file census list with township clerk, 49 25 certificate of instruction in physiology, etc., with township clerk, 42 23 give notices of meetings, 48 24 have custody of schoolhouse and property, 41 _ 22 keep account of expenses, 48 25 echoolhouse in repair, 48 _ 25 make reports to inspectors, 50. _ 26 present estimates to annual meeting, 48__ ". 25 warrants aud orders to moderator to be countersigned, 48 25 provide appendages to schoolhonses, 48 25 record acceptances of offices, 32 20 notice of first meeting, 8 '. 12 take annual school census, 49 25 (See District Board.) DISORDERLY PERSONS: to be taken into custody, 26 17 juvenile, who constitute, 186, 205 67, 68 DISTRIBUTION OF MONEYS: (See Apportionment.) DISTRICTS, SCHOOL: (See School Districts.) DISTRICT BOARD: acceptance of office by members, 32, 108, 199 20, 44, 73 appointment to vacancy in, 30, 108, 201 19, 44, 78 director to be clerk of , 48, 200 24,73 election and terms of office of member, 28, 107, 198 19, 44, 72 may admit non-resident pupils, 46 24 appoint persons to take school census, 49, 204 25, 74 classify pupils, 45,109 24,44 determine certain matters when meeting fails, 27, 205 18, 75 donate or sell library books to township library, 125 48 fix rates of tuition to non-resident pupils, 46 24 suspend orexpel disorderly pupils, 44 _ _ 28 to apply for jury in suit to obtain site, 90 37 moneys according to law, 88 21 build, hire, or purchase schoolhouse, 35, 204 20, 74 call meetings of district, 22 15 establish rules, etc., for school, 44, 204 23, 74 estimate amount for support of school, 36 20 have care of schoolhouse and property, 41 22 management of district library, 119, 204 47, 74 hire teachers, 40, 109 22,46 make statement of finances to annual meeting. 89, 208 21, 75 INDEX. 127 Page DISTRICT BOARD-Conttnud: to not pay money to unqualified teachers, g 38 21 prescribe text-books and courses of study, 42 22 provide for instruction in physiology, etc., 42 22 school, 27 18 kindergarten, 213 76 purchase books for indigent children, 43 23 or lease site for schoolhouse, 35, 804 20, 74 United States flags, 225 80 report taxes to be assessed, 37 21 sell site or property of district when not needed, 85 20 trustees in graded school districts, 107-110 43-45 township school districts, 198 72 vacancy in, how filled, 30, 108, 201 19,44,78 what to occasion, 29 19 when may issue bonds, 79 _ 85 to exclude public meetings from schoolhouse, 41 _ 22 who are eligible to office in, 81 20 to constitute, 33, 107, 198 20, 44, 72 (See District Officers,) DISTRICT LIBRARIES: (See Libraries.) DISTRICT MEETINGS: annual, board to make financial report to, 89 __. 21 estimates of expenses to be presented to, 48, 208 25, 75 in case of failure, what board to determine, 27, 205 18, 75 powers of, 27, 109 17, 44 when to be held, 21, 200 15, 73 challenging votes, 25 _ 16 clerk and chairman may be appointed in absence of director and moderator, 27, 200 17, 78 director to give notice of , 48 24 disorderly persons at, 26 17 election of officers, 28, 107, 198 19,44,72 formation of a new district, 9, 197 12, 71 limit of taxes that may be voted, 27, 205 18, 75 may vote on issuance of bonds, 78 35 tax to pay money borrowed, 80 35 moderator to preside, 47 24 notice of, what to specify, 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, 4L- 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 37 whoare, 24 16 DISTRICT OFFICERS: acceptance of office, 32, 108, 199 20,44, 7S appointment of, 30, 108, 200 19, 44, 73 compensation of, 27, 48, 211 18, 25, 76- election and terms of office of , 28,107,198 .....19,44,72 may be removed by township board, 147 57 penalty for neglect to accept or perform duties, 141 5ft who are eligible to election to office, 31 20 (See Assessor, Director, Moderator; also District Board.) 128 INDEX. Page DISTRICT SCHOOLS: , (See Schools.) DISTRICT TAXES: (See Taxes.) DISTURBING DISTRICT MEETING OR SCHOOL: penalty for, 26, 44 17,23 DIVISION OF DISTRICT: (See School Districts ; also Township Board of Inspectors.) DOG TAX, SURPLUS: apportionment of , to school districts, note._ _ 80 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, 108, 198 _' 19, 44, 72 members of county boards of school examiners, 128 49 State Board of Education, con. prov., art. xiii, sec. 9 8 school inspectors, 151, 155 58, 59 State officers, con. prov., art. viii, sec. 1 _ 6 regulations at election to vote on issuance of bonds, 78 34 who are eligible to election to office, 31, 155 20,59 legal voters at elections, 24 16 ELECTORS: who are qualified, 24 .' 10 ELIGIBILITY TO OFFICE: in districts, 31 20 townships, 155 59 EMPLOYMENT: of officers, etc., 109 _ 44 persons to take school census, 49 25 teachers, 40, 109, 204, 214 22, 45, 74, 77 ENGLISH LANGUAGE: instruction to be conducted in, con. prov., art. xiii, sec. 4 7 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, 75 EVIDENCE: in proceedings to obtain site, 90 37 of organization of district, 13 p 13 regularity in proceedings to remove officers, 147 57 EXAMINATIONS: of applicants for admission to Agricultural College, 228, 224 79 State certificates, 170 63 inspectors' reports by county commissioner, 133 53 proposed site by jury, 94 39 teachers by county board of examiners, 129, 130, 138 50, 51, 55 officers in certain districts, 188 55 State Board of Education, 170 63 fees to be collected, 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 59 (See County Board of School Examiners.) INDEX. 129 Page CUTION: not to issue against school district, 84 86 EXPENSES: estimate of, to be presented at annual meeting, 48, i08 25, 75 incidental, estimated by board, 86 20 of director, how paid, 48, 109 25,45 inspectors, limited, 58.. _ 29 State institute, how paid, 162 _ 61 teacher's institutes, 160 60 vouchers for, where filed, 168 61 FEES: to be paid by teachers on obtaining certificates, 156 59 collected by director and secretary, 157 59 FEMALES: eligible to district offices, 31 20 office of township school inspector, 155 59 may vote at school district meetings, 24 _ 16 FINES: for breach of penal laws, con. prov., art. xiii, sec. 12 9 apportionment of, 123 48 damages done to library books, 116 46 disturbing district meeting, 26 '. 17 school. 44 23 (See Penalties.) FLAGS: purchase of United States, 225 80 FORFEITURES: (See Penalties.) FORMATION: of districts. (See School Districts; also Township Board of Inspectors.) teachers' associations, 171-173 63, 64 FORM OF OATH: to challenged voter, 25 16 FORMS FOR PROCEEDINGS-Uppend/a;): of acceptance of office, No. 5 103 appointment of district officer by district board, No. 14 106 inspectors, No. 15 106 assessor's bond No. 6 103 bond of chairman of board of inspectors, No. 13 105 certificate of inspectors on establishing site, No. 17 107 to township clerk of tazea, No. 12 105 supervisor of taxes, No. 22 108 contract for building schoolhouse, No. 25 110 with teacher, No. 26 Ill deed to schoolhonee site, No. 23 109 lease to school district, No. 24 110 notice of annual meeting, No. 7 103 first meeting in school district, No. 2... 102 meeting of inspectors, No. 16 106 special meetings in district, No. 9 104 to director of alteration in district, No. 4 102 moneys apportioned district, No. 21 --- 108 inhabitant of formation of district, No. 1 101 township clerk of moneys to be apportioned, No. 19 107 treasurer of apportionment, No. 20 108 order upon assessor for payment, No. 10 104 request of voters for special meeting, No. 8 104 17 130 INDEX. Page FORMS FOR PROCEEDINGS (Appendix B) Continued; return of notice by inhabitant on formation of district, No. 8 102 teacher's register of school, No. 27 112 warrant on township treasurer for district moneys, No. 11 104 library moneys, No. 18 107 FRACTIONAL DISTRICTS: (See School Districts; also, Township Board of Inspectors.) FREE SCHOOLS: to be provided, con. prov., art. xiii, sec. 4, 197 7, 72 FREE TEXT-BOOKS: district to vote on questions of furnishing, 193 69 board to purchase when authorized, 193 70 make contract for furnishing, 198. _ _ 70 advertise for proposals when authorized by district, 198 70 estimate amount necessary to purchase, 194 70 incur penalty for failure to comply with law, 196 71 when director to purchase, 195 71 refusal to purchase, a misdemeanor, 196 _ 71 to be the property of the district, 193 70 FUNDS: educational, con. prov., art. xiii, sees. 2, 3 _ 7 library, con. prov., art. xiii, sec. 12 _ 9 teacher's 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 44 two or more contiguous districts may organize, 111 _ 45 trustees, consent of to be obtained to alteration in boundaries, 110 45 election and term of office, 107, 111 44-45 powers and duties of , 3 108, 109 44 (See School Districts.) GRADING: of pupils not prevented in any district, 45 _ 24 in graded school districts, 109 44 GRADES OF CERTIFICATES: to teachers, 131 _ 51 HIGH SCHOOLS: maybe established in certain districts, 109 44 (See Graded School Districts.) INCIDENTAL EXPENSES: estimated by district board, 86 20 INDEBTEDNESS: of districts, 78.. 84 (See Bonds.) INDIANS: children of, when not included in census, 49 26 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.) INDEX. 131 Page INSTITUTIONS: for deaf, dumb, and blind, con. prov., art. xiii, sec 10 9 INSTRUCTION: Superintendent of Public Instruction to have supervision, 1 _. 10 to be conducted in the English language, con. prov., art. xiii, sec. 4 8 INTEREST: on bonds limited, 79 35 judgment against district, 88 - 38 money lost by certain officers, 143, 144 - 56 State funds for educational purposes, con. prov., art. xiii, sees. 2, 8 7 apportionment of, by State Superintendent, 4 11 tax may be voted to pay, 80 35 JOINT MEETINGS: of township boards, 104, 212 42, 78 school inspectors, 11 12 JUDGE OF PROBATE: to participate in filling vacancy in office of member of board of examiners, 126 49 JUDGMENTS: against school districts, 82-88 36 execution not to issue on, 84 36 in proceedings to obtain site, 95 39 taxes to pay, 69 32 JURISDICTION: in actions against districts, 82 36 JURY: in proceedings to obtain site, 90, 94 37, 39 JUVENILE DISORDERLY PERSONS: commitment to reformatory, 188 67 penalties imposed upon parents of, in certain cases, 184 66 HI proceedings in case of , 187 67 to be sent to ungraded school, 185, 186 _ 67 who constitute, 188,190 - 67,68 KINDERGARTEN: act to apply to other schools, 216 77 children entitled to attend, 215 77 duty of district board, 2^3 76 qualifications of teachers, 214 77 LAND: when not taxed for building schoolhouse, 27 18 proceedings to obtain, for schoolhonse site, 90-103 87-42 LAWS: relative to schools to be published and furnished to officers, 3 10 LEASE: 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, sec. 4 7 libraries, con. prov., art. xiii, sec. 12 9 LIABILITIES: assumed by township district, 209 - 75 of board of inspectors for neglect, 148 56 county clerk for neglect, 144 M district officers, to removal, 147 57 parent for failure to send child to school, 184 86 township clerk for neglect, 143 M supervisor for neglect, 146 57 (See Penalties.) 132 INDEX. Page LIBRARIAN: to be appointed, 117 47 LIBRARIES: books to be purchased for, by district board, 115, 204 46, 74 damages to books in, 116 46 district board may donate or sell library books to township, 125 48 librarian of township, 117 47 provisions respecting, 113-125 46-48 tax for support of, 124 48 what districts may establish, 118 47 where kept, 117 '. 47 fund for, apportionment of , 122 48 expended by inspectors, to be accounted for to township board, fi 57 29 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, 128 48 warrant on township treasurer for, 73 83 when not to be forfeited, 121 48 rules for, 3, 116 (See Appendix C) 11,46, 113 school officers, etc., not to act as agents for books for, g 148 _ 57 to be established, con. prov., art. xiii, sec. 12 9 township inspectors to report statistics of, 120 _ 47 (See Appendix C, for Rules.) LIMIT OF INDEBTEDNESS: (See Bonds.) LIMIT OF TAXES: (See Taxes.) MANAGEMENT OF SCHOOLS: (See District Board: also Regulations.) MAPS: of townships showing boundaries of districts, 61 29 MEETINGS: for election of school examiners, 126 49 examination of teachers, 129, 130. f 50, 51 joint, of school inspectors, 11, 212 12, 76 township boards, 104 42 of board of inspectors, 58 _ 29 when schoolhouse used for public, 41 22 (See District Meetings.) MEMBERS: of board of trustees, 107, 198 48,72 county school examiners, 126 49 district boards, 38 _ 20 State Board of Education, con, prov., art. xiii, sec. 9 8 township board of school inspectors, 53, 152 28,58 MODERATOR: acceptance of office by, 32 20 a member of district board, 83 20 and assessor to audit and pay directors' accounts, 48 25 director to approve bond of assessor, 52 27 appointment of, 30 _ 19 pro tern, at district meetings, 5 27, 200 17, 78 election and term of office, 28, 108 19, 44 may be removed by township board, 147 _ 57 penalty for neglect to accept office or perform duties, 141. _ 56 INDEX. 133 Page ERATOR-Conf tntted : to bring salt on assessor's bond, 8 47 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, 64, 205 30, 75 board to apply according to law, 38 ; 21 report to annual meeting receipts and disbursements, 39, 208 21, 75 collected on account of neglect of officers, 145 56 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 1 34 apportion library moneys, 122 _ 48 districts entitled to receive, 27, 56, 66 18, 29, 81 duties of township treasurer in collecting, 65, 69, 74 ....81, 32, 33 paying, 72,74,204 83,74 for payment for site deposited with county treasurer, 96, 101 89, 41 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 limitations as to borrowing of , 78 84 may be borrowed in certain cases, 36. 20 not to be diverted except by a two-thirds vote, 88 21 paid to teacher not having certificate, 88 21 not to be used for sectarian schools, 88 21 of a district when divided to be apportioned, 19, 20, 212 14, 15, 76 officer making illegal use of , to be removed, 147 57 orders for, 5 48 25 paid by old to new districts, how applied, 67 32 payment of, to fractional districts, 74 33 primary school interest fund, apportionment of , 4, 6, 63, 77 11, 30, 84 districts entitled to receive, 27, 56 18, 29 how constituted, con. prov., art. xiii, sees. 2, 3 t 7 to be used only for teachers' wages, 38 21 when withheld from districts, con, prov., art. xiii, sec. 5 8 public moneys, defined, 174 64 how to be used, 176 64 interest on, 177 64 no consideration to be received by officer for deposit of, 178 64 penalty for illegal payment of, 181 65 not to exempt from prosecution under general law, 180 65 to be kept separate from all other funds, 175 . 64 raised by tax, how apportioned, 84 30 report of receipts and disbursements of, by assessor, 52 27 district board, 89, 208 21. 75 inspectors, 57 29 school moneys to be paid next to township expenses, 72 38 surplus of, may be appropriated to certain objects, 17 18 not to be apportioned to districts employing unqualified teachers, g 56 29 pay for site, when deposited with county treasurer, 96 39 (See Taxes.) 134 INDEX. Page MONTH, SCHOOL: of what to consist, 40.. _ 22 NAME: and style of school district, 14 _ 18 NEGLECT: of county clerk to transmit reports, 144 _ _ 56 district officers, 141 _ 56 inspectors in not reporting, 143 _ 56 parent or guardian to send child to school, 184 66 supervisor and township clerk in regard to taxes, 146 _ 57 taxable inhabitant to serve and return notice, 140 58 township clerk to transmit report, 143 56 NON-RESIDENT: pupils, admission of , 46 24 when may be attached to district, 17 14 NORMAL SCHOOL: (See State Normal School.) NOTICE: by county treasurer of moneys apportioned, 77 34 State superintendent of apportionment, 4, 122 11, 48 supervisor to treasury of taxes assessed, 68, 70 _ 32, 33 township board of proceedings to remove from office, 147 _.. 57 clerk to supervisor of taxes, 62, 205 30, 75 on failure of a new district to organize, 10 12 treasurer of moneys in his hands, 73, 207 83, 75 in proceedings to obtain site, 92 88 of district meeting, 23 15 apportionment of moneys to districts, 63 _ _.. 30 first meeting in a new district, 9, 197 12, 71 formation of teacher's association, 171 _ 68 intention to vote on borrowing money, 81 - 35 meeting of inspectors, 15 _ 13 to form fractional districts, 11 _ 12 for examination of teachers, 129 51 to organize as a graded school district, 107 44 meetings to be given by director, 48 _ 24 special meetings to indicate business, 22 15 to directors of moneys to be apportioned, 68 '. 30 parent or guardian that child does not at tend school, 184 66 taxable inhabitant on formation of district, 9 12 teacher of intention to revoke certificate, 132 52 OATH: by challenged voter at district meetings, 25 _ 16 if false, deemed perjury, 25.. 18 of deputy superintendent of public instruction , 2 10 juror in proceedings to obtain site, 94 _ 39 members of board of school examiners, 127 _ 50 to be made to correctness of census list, 49 , 26 OFFICE: acceptance of , to be filed, 32, 108, 199 20, 44, 78 removal from, 147 57 term of, district officers, 28, 108, 198 - 19, 44, 72 inspectors, 158 58 members of board of school examiners, 126 _ _ 40 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 _ 6 INDEX. 135 Page OFFICERS: (See names of the several offices.) OFFICIAL BONDS. of assessor, 52 27 chairman of board of inspectors, 54,200.^. 28,73 county commissioner of schools, 127 50 ONE MILL TAX: assessment, collection, and disposition of , 66 31 how surplus may be applied, 27 18 (See Taxes.) ORDERS: of inspectors upon township treasurer, 115, 204_ 48, 74 on assessor, to be drawn and signed by director, 48.. 25 countersigned by moderator, 47 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, 107-112 43-48 township district, 197-212 71-76 (See School Districts; also Township Board of Inspectors.) PARENTS AND GUARDIANS: entitled to vote, 24 16 liability for not sending children to school, 184 66 proceedings against for failure to send children to school, 187 67 required to send children to school, 182 66 to be notified by truant officers, 184 6 PENALTIES AND FORFEITURES: for damages to library books, 116 48 illegal payment of public moneys, 181 65 neglect to teach prevention of diseases, 222 79 moneys collected for, how applied, 145 58 on county clerk for not transmitting reports, 144 58 district for not maintaining three months' school, con. prov., art. xiii, 5 8 certain length of school, 27, 66, 204 18, 31, 74 officers for neglect to accept office or perform duties, 141 56 inspectors for not qualifying or neglecting duties, 142 58 reporting, 143 56 supervisor and clerk for neglect in regard to taxes, 146 57 taxable inhabitant for neglect of duties in formation of district, 140 58 township clerk, for neglect in transmitting reports, 148 56 township board to remove certain officers, 147 57 parent or guardian failing to send child to school, 184 68 PERJURY: falseoath deemed, 25 17 PHYSIOLOGY AND HYGIENE: director to file copy of teacher's certificate of instruction with township clerk, 42 21 penalty for failure of district board to comply with statute, 42 21 teacher to certify whether instruction has been given in, 42 21 text-books to be adopted by district board, 42 22 approved by State Board of Education, 3 42. 192 22, 69 to be taught by all public schools in the State, 42 22 POLL- LIST: to be kept when voting on issuance of bonds, 78 85 POOR CHILDREN: to be furnished with text- books, 48 21 PRESIDENT: of University, con. prov., art. xiii. sec. 8 8 . 136 INDEX. Page PRIMARY SCHOOLS: (See Schools.) PRIMARY SCHOOL INTEREST FUND: apportionment of , 4 11 when reports are defective, 5 B 11 deficiencies may be paid, 6 11 to districts, 63, 204 30,74 constitutional provisions respecting, art. xiii, sees. 2, 3 _ 7 county clerk's duties in relation to apportionment of, 78 _ ._ 34 treasurer's duties in relation to apportionment of , 77 _ 84 school to be maintained three months to secure, con. prov., art. xiii, sec. 5 8 certain time to secure, 27 18 to be used only for teacher's wages, 38 21 PROCEEDINGS; against school districts, 82-88 36 for removal of officers, 147 _ 57 to obtain site for schoolhouse, 89-103 _ 37-41 upon appeal from action of inspectors to township board, 104-106 _ 42, 43 PROPERTY: of district, care and preservation of, 41, 109. 22, 45 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 76 teachers' associations, 172 _ 64 PROSECUTION: (See Actions, Proceedings, also Suits.) PUBLIC INSRUCTION: (See Superintendent of Public Instruction.) PUBLIC MEETINGS: when may be admitted to school house, 41 22 PUBLIC MONEYS: (See Moneys.) PURCHASE: of apparatus and appendages to schoolhouse, 48 25 books for library, 115 46 poor children, 43 23 records of district, 34 20 school site or schoolhouse, 35, 204 20, 74 PUPILS: admission of , to schools, 45, 46, 109, 215 23,24,44,77 classification, 45,109 23,44 tuition of non-resident, 46 24 when may be suspended or expelled, 44 ; 23 who may be, 45 23 QUALIFICATIONS: 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. _ 20 board of school examiners, 133 53 certificates to teachers, 133 58 consent of trustees to alter graded school district, 110 45 director, to be evidence of organization of district, 13 13 inspectors, to be kept in office of township clerk, 59, 219 2S, 74 INDEX. 137 Page R ECORD Continued : pupils, to be kept by teacher, 40 22 removals from office, 147 57 report of taxes to annual meeting, 89, 208 21, 75 REGENTS: of the University, con. prov., art. xiii, 6, 7 8 REGISTER: of school to be kept by teacher, 40 22 REGULATIONS: at election to vote on issuance of bonds, 78 84 for government of schools, 44, 204 23,74 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 44 REPAIRS: (See School Houses.) REPORT: liability of officers for failing to report, 148, 144 56 of board to annual meeting, 39, 208 21, 75 township clerk, of taxes, 62, 205 30, 75 chairman of board of school inspectors, 134 _ 54 director to inspectors, 50 _ 26 how treated if false, 56 _ 29 where filed, 59 29 to whom made in fractional districts, 51 26 inspectors to county clerks, 55, 120 : 28, 47 of inspectors, county clerks' duties In relation to, 76 34 to township board of finances, 57, 208 29, 75 county commissioner of schools, 183 58 Superintendent of Public Instruction, 1 10 supervisor to township treasurer of taxes assessed, 69 32 township clerk to treasurer and directors of moneys, 63, 84 90 REQUEST: to call special meetings, 22, 202 15,74 RESIDENTS: ceasing to be, vacates office, 29 19 exceptions of, in school census, 49 26 notified of first meeting in a new district, 9 12 petition for organization of new district, change from, 197 71 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 TEACHER'S CERTIFICATE: by board of school examiners, 132 52 State Board of Education, 167, 168, 170 -62,63 RULES: (See Regulations.) RULES AND LIBRARIES: (See Appendix C.) SALE OF PROPERTY: directed by district, 27 18 when by inspectors, 19 14 district board, 35... .... 20 18 138 INDEX. Page SCHOLARS: (See Pupils:) SCHOOL: admission of resident pupils to, 45 _ 23 non-resident pupils to, 46 24 agricultural, to be provided for, con. prov., art. xiii, sec. 11 _ 9 board to establish regulations for, 44, 204 23, 74 prescribe text-books, 42 _ 22 provide for minimum length of time of, 27, 204.... 18, 74 examination of, 183 53 maybe graded, 45, 109 24,44 not to be sectarian, 88 21 separated on account of race, 45 _ 24 penalty for disturbing, 44 _ : 23 register of, to be kept by teachers, 40. 22 statistics of, to be reported by director, 50 _ 26 support of, taxes to be estimated and voted by board, 38, 205 _ 20, 74 suspension or expulsion of pupils from, 44 23 time necessary to be maintained, 27, 66, 204 18, 31, 74 to be free, con. prov., art. xiii, sec. 4, 197 _ 7, 72 maintained at least three months, con. prov., art. xiii., sec. 5 8 ungraded, to be established in certain cases, 185 67 visitation and examination of , 133 53 SCHOOL BOARD: (See District Board.) SCHOOL BOOKS: (See Text-books.) SCHOOL CENSUS: when and how taken, 49 25 time of taking, not to be changed, 21 15 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, 75 appeal from inspector's action in forming, dividing, or consolidating of, 104-106 42, 43 change from primary to graded, 112 46 corporate powers of, 14 13 division of property in forming new from old, 19 14 formation of, 8-13 12, 18 fractional, formation of, 11 12 judgments against, 87 86 levying and collecting taxes in, 68 32 graded school districts, 107-112 43-46 map showing boundaries to be made, 61 29 may borrow money in certain cases, 86 _ 21 to pay indebtedness, 78 34 vote to pay money borrowed, 81 35 meetings of , 21, 27, 200 _ 15-18,73 inoneys to be apportioned to, 68, 64 _ when paid by old to new, 67 name and style of, 14.. 13 suits and judgments, 82, 88 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 29 township organization of, 197, 212 71, 76 what districts may organize as graded, 107,111 43, 45 INDEX. 139 Page SCHOOL DISTRICTS-Conftnued; when deemed legally organized, 12 13 when persons outside may be attached, 17 14 who to appear in suits for or against, 52 27 (See District Meetings; also Voters.) SCHOOL EXAMINERS: (See County Board of School Examiners.) SCHOOL FUNDS: (See Moneys.) SCHOOL-HOUSES: appendages to, district to vote tax for, 27 18 director to provide, 48 _ 25 board to procure, 85, 204 20,74 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 17 limitation of indebtedness to build, 78 34 repairs to, 27 18 site for, to be purchased or leased, 27, 35, 204 17, 20, 74 tax for building, limited, 27, 205 18, 75 repairing, limited, 27 18 to be in care of district board, 41 1 22 when certain persons not liable to tax for building, 17 _ 14 land not taxed for building, 27 18 not needed may be sold, 19, 27, 35 14, 18, 20 opened or closed to public meetings, 41 22 8CHOOLHOU8E SITES: (See Sites for Schoolhouses.) SCHOOL INSPECTORS: (See Township Board of School Inspectors.) SCHOOL LAWS: to be published, 3 10 SCHOOL MONEYS: (See Moneys.) SCHOOL MONTH: of what to consist, 40 22 SCHOOL PROPERTY: (See Property.) SCHOOL TAXES: (See Taxes.) SCHOOL TEACHERS. (See Teachers.) SCHOOL YEAR: when to commence, 21 15 SECTARIAN SCHOOLS: not to receive public moneys, 38 21 SHERIFF: to remove respondent from school property, 98 40 SITES FOR SCHOOLHODSES: board to purchase or lease, 35,204 20,74 claims against settled by circuit judge, 100 41 compensation for, how determined in certain cases, 94 39 how designated, 89 37 issuance of bonds for purchase of , 78 84 lease or purchase of, 27,35,204 17,20,74 notice of meeting to change, 23 15 proceedings to obtain, 89-108... 37-41 140 INDEX. Page SITES FOR SCHOOLHOUSES-Conftnwed: to be selected by a two-thirds vote, 89 87 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. xiii, sec. 9.. _ 8 may refuse to accept diplomas from certain colleges, 220 78 to grant diplomas to graduates of State Normal School, 167, 168 62 certificates to graduates of colleges, 218... 78 State certificates to teachers, 170 68 STATE BOARD OF HEALTH: furnish data regarding communicable diseases, 221 _ _ 79 STATE CERTIFICATES: when granted by State Board of Education, 170 63 to graduates of State Normal School, 167, 168 62 certain colleges, 218 78 STATE INSTITUTIONS OF EDUCATIONAL CHARACTER: to be under supervision of State Superintendent, l._ 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., art. 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 6 STATE TEACHERS INSTITUTE: to be held annually, 162 61 expenses of, how paid, 162 61 STATEMENT: (See Notices, also Reports.) STATE UNIVERSITY: diplomas and certificates to graduates, 284 _ 77 STUDIES: to be prescribed, 42 22 SUITS: and judgments against districts, 82-88 36 assessor to appear for district, 52.. _ _. 27 directions given by meeting in regard to, 27 _ 18 for collection of penalties, etc., 144, 147 54 jurisdiction of justices in, 82 38 may be brought for or against school districts, 14 13 not brought to collect judgment, 84 36 on assessor's bond, 52 _ _ 27 bond of chairman of board of inspectors, 54 28 summons in, served on assessor, 83 36 when moderator may appear in for district, 52 _ 27 (See Action, Judgments, also Proceedings.) SUPERINTENDENT OF PUBLIC INSTRUCTION: duties of, con. prov., art. xiii, sec. 1 10 relative to apportionment of primary school moneys, 4, 6 11 election and term of office of, con. prov., art. vii, sees. 1, 2 6 may appoint cond actors of teacher's 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 INDEX. 141 Page TERINTENDENT OF PUBLIC INSTRUCTION-Confmned: draw on State treasurer for expenses of State teacher's institute, 162 61 have general supervision of public instruction, 1 10 hold county teacher's institutes annually, 158 60 make annual reports to legislature, 1 10 prepare questions for examination of teachers, g 130 51 prescribe forms of teacher's certificates, 130 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, sec. 130 51 visit State institutions, etc., 1 10 vacancy in office, how filled, con. prov., art. viii, sec. 8 _ 6 when may draw on State Treaturer for aid to teacher's institutes, 161 61 where office shall be kept, con. prov., art. viii, sec. 1 ,. 6 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 > 32 equalization of taxes, 68 32 liable for not assessing taxes, 146 57 map of township to be filed with, 61 30 to assess judgment against school district, 88 36 one mill tax, 66 31 school taxes, 65, 205 30, 75 deliver warrant for collection of taxes to township treasurer, 69 82 township clerk to certify taxes to, 62, 205 30, 74 (See Taxes.) SUPREME COURT DECISIONS: (See Digest of Supreme Court Decisions.) SURPLUS OF DOG-TAX: how apportioned, note 80 SURPLUS OF SCHOOL MONEY: how may be appropriated, 27 18 SUSPENSION: of pupils from school, 44 23 teacher's certificates, 132 52 TAXABLE INHABITANT: duties in relation to formation of district, 9 12 penalty for neglect of duty, 140 56 TAXES: apportionment of surplus dog-tax, note 80 when district is divided, 71, 212 33, 76 assessed upon division of district, 62 30 assessment of, 65, 66, 210 30, 81, 76 certifying of, in fractional district, 68 32 duties of township treasurer relative to collection of, 65, 70 31, 83 equalization of , 68 32 estimated and reported by district board, 36, 205 20, 75 failing to be assessed, to be levied the next year, 65 31 for apparatus and appendages to schoolhonse, 27 18 books for indigent children, 43 28 building schoolhonse or purchase of site, 27 17 incidental expenses, 36 20 judgment against district, 88 libraries, g 124... repairs to schoolhouse, 27 18 school purposes to be paid next to township expenses, 72 ' 142 INDEX. Page TAXES-Conttrmed; for State expenses, con. prov., art. xiv, see. 1 9 in township before any school is maintained, 68 31 limit of, for certain purposes, 27, 205.. _ 18, 75 snpport of the school, 36 _ 21 moneys raised by, not to be diverted, 38 21 non-taxpayers not to vote on questions involving taxation, 24 16 one-mill assessment, collection and disposition of, 66 31 how surplus may be applied, 27 18 on old district for new, 87 ... 31 report of, by board to township clerk, 37 21 township clerk to supervisor, 62, 205 _ 80, 75 supervisor to assess, 65,66, 205 30,81,75 liability of, for not assessing, 146 57 school, in separate column, 206 75 specific, con. prov., art. xiv, sec. 1 9 to pay money borrowed, 80 35 township treasurer to pay to other treasurer, 74, 207 33, 75 warrant for collection of, 69 32 what land exempt from, for building schoolhouse, 27 18 when collected, how apportioned, 64 1 30 reported to supervisor, 62, 205 80,75 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 77 State Board of Education, 170 63 graduates of certain colleges, 218, 220 78, 79 Normal School, 167, 168..... 62 grades of, and qualifications necessary to obtain, 181 .._ 51 necessity of having, to entitle teacher to pay, 38 21 record of, to be kept, 133 53 revocation or suspension of, 182, 170, 217 52, 68, 77 close school to attend institute, 159 60 contracts with, 40, 109 22,45 employment of , 40, 109, 204 ......22, 45, 74 examination of, by county board of examiners, 129, 130 _ 50, 51 State Board of Education, 170 63 give instruction regarding prevention of communicable diseases, 221 _.. 79 list of, to be furnished township clerk, 183 53 examined by inspectors, 56 29 not to act ae agent for school books and furniture, 148 57 apply in certain districts, 149 57 public money not to be paid to, without holding certificates, 88 21 qualifications of, 214 77 to be furnished with copy of contract, 40 22 file certificate of instruction in physiology, etc., with director, 42 28 keep school register, 40 22 TEACHERS' ASSOCIATIONS: formation and incorporation of, 171, 178. _ 68, 64 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 INDEX. 143 Page TEACHERS' INSTITUTES Continued ; expenses of, how paid, g 160 60 vouchers for, where filed,163 61 funds for support of, how raised, gg 156, 157 59 State institute to be held annually, g 162 61 expenses of, paid from State treasury, 162 61 teachers may close school to attend, 159 60 TERM OF OFFICE: of district officers, 28,107,198 19,44,72 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. 2 7 township officers, g 153, 154, 198 58, 59, 72 TEXT-BOOKS: district to vote on question of furnishing, 193 70 board to purchase when authorized, g 12, 198 89, 70 make contract for furnishing, 193 70 advertise for proposals when authorized by district, 193 70 estimate amount necessary to purchase, g 194 i 70 incur penalty for failure to comply with the law, g 196 71 to be the property of the district, 193 70 when board to purchase, 195 71 to be furnished to indigent children, g 43 23 prescribed by district board, g 42 22 on physiology and hygiene to be approved by State Board of Education, g 42 22 TOWNSHIP BOARD: duties of in case of appeal from inspector's action, g 104-1C6 42, 43 may remove certain officers, 147 57 to allow accounts of inspectors, g 57.. 29 TOWNSHIP BOARD OF SCHOOL INSPECTORS: appeal from action of, to township board, gg 104, 106 42, 43 chairman and clerk of , g 53 28 to be treasurer of, and give bond, g 54 28 clerk of, to notify directors of alterations in district, g 18 14 taxable inhabitant of formation of district, g 9 12 director to report to, g 50 26 dutiee of, concerning libraries, gg 118-125 46-48 in forming fractional districts, g 11 12 liability for neglect to report, g 143 56 library money subject to order of, gg 72, 204 33, 74 may attach certain non-residents, g 17 14 member of , may be removed by township board, g 147 57 notice and number of meetings, gg 15, 58, 202 13, 29, 74 on determining site to certify to director, g 89 87 penalty for neglect to qualify or perform duties, g 142 56 records of, kept in office of township clerk, g 59 29 reports, abstracts of , g 1 10 examination of, by county commissioner of schools, g 183 58 to be made in triplicate, 55 28 restricted in altering boundaries of graded school districts, g 110 45 tax determined upon division of a district, g 19 14 to account to township board for funds received and disbursed, g 57 29 apply for library moneys, gg 115, 204 46,74 alter boundaries of districts, gg 8, 16 12, 14 apportion property on division of a district, gg 19, 20,212 14, 15, 76 certify facts relating to employment of unqualified teachers, g 56 29 144 INDEX. Page TOWNSHIP BOARD OF SCHOOL INSPECTORS-Conttnwed ; to divide township into school districts, 8 12 examine list of teachers before reporting to connty clerk, 56 29 have care of township library, 116 : 46 number districts, 8 12 purchase books for township library, 115, 204 46,74 township clerk to transmit reports of, to county commissioner of schools, 55 28 when may appoint district officers, 30, 108 19, 44 attach persons to districts, 17 14 sell schoolhonse site, 19 14 to determine site, 89, 204 85,74 who to constitute board, 53, 203 28, 74 TOWNSHIP CLERK: a member and clerk of board of inspectors, 53, 59, 200 28, 29, 73 duties of , as inspector, 59, 200 29,73 election and term of office of, 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 30 approve and file bond of chairman of board of inspectors, 54 28 bond of appellants from inspector's action, 105 42 be furnished with list of teachers, 133, 208. _ 53,75 bring suit on bond of chairman of board of inspectors, 54 28 certify taxes to supervisor, 62, 205 30,75 file map of township with supervisor, 61.. ._ 80 forward inspector's reports to county commissioner of schools, 55 28 give notice of meeting of inspectors, 15 13 formation of new district, 9, 10, 197 12, 71 to directors of moneys apportioned, 84 30 keep records, reports, books, etc., on file, 59, 208 _ 29, 75 make map of township showing boundaries of districts, 61 29 not act on township board in case of appeal from inspectors, 106 43 notify county clerk of chairman of board of inspectors, 60 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 _ 29 report taxes to supervisor, 62, 205 80,75 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: organization of, 197-212 _ 71-76 board, compensation, 211 _ _ _ 76 duties of, 204 74 meeting of, time and place, 200, 202 78, 74 officers of , 198 72 report of , 208 75 amount of tax voted, 205 75 disposition of property, 209.. _ 75 division of district, 212 76 TOWNSHIP LIBRARY: (See Libraries.) TOWNSHIP TREASURER: duties in relation to taxes in fractional districts, 70, 74 38 election and term of office of, 152, 154... 56 INDEX. 145 Page TOWNSHIP TREASURER-Connud: to apply to county treasurer for moneys, 73 33 Jive notice to township clerk of moneys, 73, 74 33 aid moneys subject to proper orders and warrants, 72 33 ay library moneys to inspectors, 115, 204. 46, 74 school taxes next to township expenses, 72 33 ver penalties, etc., from certain officers, 148, 145 : 58 ant for collection of taxes, 69,70 32,33 ants on, to be signed by director and moderator, 47, 48 24, 25 (See Moneys, also Taxes.) jii^aoURER, COUNTY: (See County Treasurer.) TREASURER OF BOARD OF SCHOOL INSPECTORS' (See Chairman of Board of School Inspectors.) TREASURER OF DISTRICT: (See Assessor.) TREASURER, TOWNSHIP: (See Township Treasurer.) TRIAL: (See Action, Proceedings, also Suits.) TRUANTS: duty of State agent, 191 69 sent to reformatory institutions in certain cases, 188, 206 67, 69 tried by justices or recorder, 187, 206. _ 67,68 ungraded school to be provided for, 185 _ 67 who shall be deemed, 186, 190 67,68 TRUANT OFFICERS: duty to enforce compulsory educational laws, 184 66 examine into cases of truancy, 190 64 institute proceedings in certain cases, 188 _ 67 make complaints in truancy cases, 187 67 warn truants and their parents or guardians, 184 66 how appointed, 183 66 TRUSTEES, BOARD OF: (See Board of Trustees.) TUITION: may be charged for studies in high school, 109 44 of non-resident pupils, 46 24 UNGRADED SCHOOLS: juvenile disorderly persons to be sent to, 186 67 may be established in graded school districts, 185 67 UNION SCHOOL DISTRICT: (dee Graded School District.) UNITED STATES FLAGS: purchase of, 225 80 UNIVERSITY: constitutional provisions, art. xiii, sees. 6, 8 . 8 diplomas and certificates to graduates, 217 77 VACANCY: in board of school examiners, 126 49 trustees of graded school district, 108 44 township school district, 201 73 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. viii, sec. 8 7 (See Appointment.) 19 146 INDEX. Page VENIRE: in proceedings to obtain site, 91, 93 37, 38 VISITATION: and examination of schools, 133, 204 53,74 VOTERS: challenge of , 25 16 whoare qualified, 24 _ - 16 (See District Meetings.) VOUCHERS: for accounts of inspectors, 57 29 expenditures by assessor, 52 -' payments at teachers' institutes, 163 - 61 WARRANTS: on State Treasurer for primary school interest fund, sec. 4 _ 11 township treasurer, 47,48,72 24,33 to township treasurer, for collection of taxes, 69, 70 82, 33 (See Orders, also Township Treasurer.) WITNESSES: in proceedings to obtain site, 94 _ 39 WOMEN: eligible to election to district offices, 31 - 20 office of school inspector, 155 _ 59 qnalifiedas voters at district meetings, 24 16 YEAR, SCHOOL: when to commence, 21 15