UC-NRLF APR 1 REVISION OF 1919. STATE OF MICHIGAN GENERAL SCHOOL LAWS WITH AN APPENDIX OF BLANK FORMS COMPILED UNDER THE BUPEBVISIO* OF COLEMAN C. VAUGHAN, SECRETARY OF STATE BY AUTHORITY fORT VATNC PRINTIN* COMPANY CONDUCTORS FOR MICHIN STATt fBINTINO AN* tlNPIHC FORT WATMt. INDIAN* 1111 EXCHANGE REVISION OF 1919. STATE OF MICHIGAN GENERAL SCHOOL LAWS WITH AN APPENDIX OF BLANK FORMS COMPILED UNDER THE SUPERVISION OF COLEMAN C. VAUGHAN, SECRETARY OF STATE BY AUTHORITY FORT WA NE PRINTING C MPANY CONTRACTORS FOR MICHI AN STATE PRINTING ND BINDING FORT WAYNI. INDIANA 1111 KKCHANGe MEMBERS OF THE STATE BOARD OF EDUCATION. Term expires Thomas E. Johnson. Superintendent of Public Instruction, Secretary ... June 30, 1921 Frederick Albert Jeffers, Painesdale '. June 30, 1921 Allen M. Freeland, Grand Rapids June 30, 1923 Frank Cody, Detroit June 30, 1925 MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY. Thomas E. Johnson, Superintendent of Public Instruction, ex-ofltcio. Victor M. Gore, Benton Harbor December 31, 1921 Walter I Inline Sawyer, Hillsdnle December 31, 1923 Junius Emery Beal, Ann Arbor December 31, 1923 Frank Bruce I.elan.l. Detroit December 31, 1923 James Orin Murfin, Detroit December 31, 1925 William Lawrence Clements, Bay City December 31, 1925 Benjamin Sawtelle Hanchett, Grand Rapids December 31, 1927 Lucius Lee Hubbard, Houghton December 31, 1927 MEMBERS OF THE STATE BOARD OF AGRICULTURE. Thomas E. Johnson, Superintendent of Public Instruction, ex-officio. I. Hoy Waterbury, Highland December 31, 1921 William II. Wallace. Saginaw December 31, 1921 John W. Beaumont, Detroit December 31, 1923 Jason Woodman. Paw Paw December 31, 1923 Dora Hall Stockman, Lansing December 31, 1925 L. Whitney Watkins, Manchester December 31, 1925 438252 CONTENTS. CONSTITUTIONAL PROVISIONS. Sections. Article X. Finance and taxation 1-2 Article XI. Education 3-17 STATUTORY PROVISIONS. Election of state board of education 18 Election of superintendent of public instruction 18 Primary school system Superintendent of public instruction 19-25 Formation, alteration, meetings and powers of districts 26-45 District boards and officers 46-71 Township officers 72-86 County clerk and treasurer 87-89 Bonded indebtedness of districts 90-93 Per capita tax authorized, certain districts 94 Suits and judgments against districts 95-101 Sites for schoolhouses 102-116 Appeals from action of township board 117-119 Graded school districts 120-125 Libraries 126-138 Penalties and liabilities 139-146 Free public libraries 147-159 County libraries 160-163 Boards of education for certain cities 164-189 I >i vision of, or changing of boundaries of primary school districts. . 190-191 Consolidation of districts in annexed territory 192-197 Consolidation of districts in incorporated city 198-206 Division of city school districts into election precincts 207-228 Miscellaneous provisions relative to education in the schools Free text-books 229-234 Regulating sale, etc., of text-books 235-246 System of humane education 247-249 Kindergarten method 250-253 Qualifications of kindergarten, music and drawing teachers 254-256 Teaching of dangerous communicable diseases 257-258 Optional course of military training in high schools 259-260 Fire drills in public schools 261 Publication of the proceedings of annual school meetings 262-263 Purchase and display of United States flag 264 Designating days to be observed as holidays in the public schools. . 265-266 Observance of Carleton day in public schools 267 Returns from incorporated institutions 268 State teachers' certificates 269-275 (Jranted only to citizens of Tnitcd States 276 < 'ounty commissioners and school examiners 277-288 Examination of candidates for admission to agricultural college 289-290 Meeting of school officers of county 291-293 Township school districts 294-319 Township school districts in upper peninsula 320-335 Boundaries of school districts in cities 336-339 Classification of certain school districts . . 340-366 CONTENTS. Section^ Powers of board of education in certain districts. .' 367-38 j. Teachers' institutes 382-389 Bureau of information in office of superintendent of public instruction . . 390-391 Compulsory education 392-397 Compulsory education of deaf children 398-400 Compulsory education of blind children 401-402 Instruction, etc., of adult blind persons 403-406 Care and instruction of blind babies 407-411 Miscellaneous offenses Crime and truancy Delinquency of children .... 412-415 Protection of children , 416 Employment of children 417 Fraternities, sororities, etc., among public school pupils, abolished 418-420 Teachers' associations 421-423 Retirement fund for teachers 424-437 State accounts Safe keeping of public moneys 438-445 Receipts from boxing, etc., contests 446 State board of education 447-464 State normal schools 465-474 Physical training in public schools 475-479 Providing for physical training in state normal schools and certain city districts 480 Providing advanced courses of study to high school graduates in certain districts 481 Granting of diplomas by state board of education in connection with state normal schools 482 Loan funds for students 483r489 State library commission 490-492 Publication and distribution of laws and public documents 493-497 Rural high schools 498-505 Annual reports by librarians 506-507 Payment of tuition of eighth grade pupils 508-511 Payment of tuition outside of district 512 Children of indigent parents, attendance at school provided for 513-516 County normal training classes 517-523 School districts empowered to establish trade, etc., schools and accept gifts, etc 524-525 Control, etc., of certain college of medicine and surgery 526-532 Certain proceedings validated 533 Acquisition of lands outside district limits for trade schools, athletic fields, etc 534 County schools of agriculture, manual training, etc 535-544 Rural agricultural schools, establishment 545-564 Promoting agricultural interests of the state - 565 Legislative assent to grant of moneys from U. S 566-577 Vocational, etc., education for certain minors 578-580 Day schools for the deaf 581-586 Payment of sub-contractors 587-590 Cities of the fourth class School districts, and board of education 591-596 Sale of tax homestead lands for school sites 597 Approval of plans for school buildings 598-602 School bonds 603-615 Voting, etc., school taxes in certain cities 616-622 Fire protection in the schools , 623 Establishment, etc., of highway to school building 624 Instruction and training of juvenile delinquents 625-626 Authorizing operation of public recreation and playgrounds 627-630 Authorizing use of schoolhouses as community or recreation centers 631 Appendix Forms for proceedings under the school laws. NOTE. The section numbers in parentheses ( ), are compilers' sections, and are con- secutive throughout this compilation. Section numbers of the compiled laws of 1915 precede each section, and are indicated by the section mark (). Notes following the sections indi- cate the amendments, supreme court decisions, etc. Annotated with supreme court decisions to and including the 201st Mich, report. The character / is used in citing cases, to avoid the repetition of Mich. GENERAL SCHOOL LAWS OF MICHIGAN CONSTITUTIONAL PROVISIONS. ARTICLE X. FINANVK AND TAXATION. (1) SECTION 1. All subjects of taxation now contributing to the primary school interest fund under present laws shall continue to con- tribute, to that fund, and all taxes from such subjects shall be first applied in paying the interest upon the primary school, university and other educational funds in the order herein named, after which the sur- plus of such moneys shall be added to and become a part of the primary school interest fund. The statute is not unconstitutional because it provides that the funds secured by the specific tax shall be devoted to upbuilding the state highways in that it infringes the provisions of sec- tion 1. Art. X, of the constitution, limiting the sources of contributions to the primary school fund to that purpose alone. .Fasnowski v. Board of Assessors, 191/288. '-) SEC. 2. The legislature shall provide by law for an annual tax sullicieiit witli other resources to pay the estimated expenses of the stat' government, the interest on any state debt and such deficiency as may occur in the resources. I'nder the sections of the constitution providing for uniformity of taxation and conferring power on the legislature to levy a state tax. etc.. on cash valuation of property (Art. 10, f 2, :{, 7). the state may authorise the review of valuations and assessments by the board ic^tax commissioners. Attorney (lenoral v. Board of Supervisors of Midland county, 1 7 v . 1 1 .''. ARTICLE XI. EDUCATION. (3) SIVTIOX 1. Religion, morality and knowledge being necessary to government and the happiness of mankind, schools and the means of education shall forever he encouraged. It was the intent of the constitution to separate the school organization from the general municipal government. Though municipal corporations, orirani/.ed for the same purposes, with like powers and duties, cannot exist in the same territory, those having different pur- rights and duties, may. and often do, occupy the same territory. Attorney General inpx.ii. 1;^ f.ll. The laiiKiia.u'i- of this section is from tl rdinance of 1787. The re- assertion of this doctrine after the lapse of more than a century and a quarter, coupled with the fact that legislation in this state upon the subject of education has from the beginning I n of the most liberal character, indicates a settled purpose on the part of the state to provide, foster and protect educational facilities for all. Dennis v. Wrigley, 175 / 621, 625. 8 STATE OF MICHIGAN. (4) SEC. 2. A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nineteen hundred nine, and every second year thereafter. He shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. He shall have general supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex-officio a member of all other boards having control of public instruction in any state institution, with the right to speak but not to vote. His duties and compensation shall be prescribed by law. (5) SEC. 3. There shall be a board of regents of the university, con- sisting of eight members, who shall hold the office for eight years. There shall be elected at each regular biennial spring election two members of such board. When a vacancy shall occur in the office of regent it shall be filled by appointment of the governor. (6) SEC. 4. The regents of the university and their successors in office shall continue to constitute the body corporate known as "The Regents of the University of Michigan." (7) SEC. 5. The regents of the university shall, as often as necessary, elect a president of the university. The president of the university and the superintendent of public instruction shall be ex-officio members of the board of regents, with the privilege of speaking but not of voting. The president shall preside at the meetings of the board and be the prin- cipal executive officer of the university. The board of regents shall have the general supervision of the university and the direction and control of all expenditures from the university funds. Under this provision the board of regents has independent control of the affairs of the university. Regents v. Auditor General, 167 / 444. ' Neither the legislature, nor any officer or board of this state, may interfere with the control and management of the affairs and property of the university, although in making appropriations for its support the legislature may attach any conditions it may deem expedient and wise, and the appropriation cannot be received without complying with the conditions. Agler v. Mich. Agricultural College, 181/559. (8) SEC. 6. The state board of education shall consist of four mem- bers. On the first Monday in April, nineteen hundred nine, and at each succeeding biennial spring election, there shall be elected one member of such board who shall hold his office for six years from the -first day of July following his election. The state board of education shall have general supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law. (9) SEC. 7. There shall be elected on the first Monday in April, nine- teen hundred nine, a state board of agriculture to consist of six mem- bers, two of whom shall hold the office for two years, two for four years and two for six years. At every regular biennial spring election there- after, there shall be elected two members whose term of office shall be six years. The members thus elected and their successors in office shall be a body corporate to be known as "The State Board of Agriculture." (10) SEC. 8. The state board of agriculture shall, as often as neces- sary, elect a president of the agricultural college, who shall be ex-officio a member of the board with the privilege of speaking but not of voting. He shall preside at the meetings of the board and be the principal execu- tive officer of the college. The board shall have the general supervision of GENERAL SCHOOL LAWS. 9 I I the college, and the direction and control of all agricultural college funds ; and shall perform such other duties as may be prescribed by law. The state board of agriculture hns exclusive control of the general funds of the Michigan agricultural college*. Bauer v. State Board of Agriculture, 164 / 415. The constitutional powers of the state board of agriculture with respect to the college and its funds are the same as those of the board of regents of the university with respect to the university and its funds. State Board of Agriculture v. Auditor General, 180 / 349, 359 ; Agler v. Mich. Agricultural College, 181 / 559, 561. See note to section 7. (11) SEC. 9. The legislature shall continue a system of primary schools, whereby every school district in the state shall provide for the education of its pupils without charge for tuition ; and all instruction in such schools shall be conducted in the English language. If any school district shall neglect to maintain a school within its borders as pre- scribed by law for at least five months in each year, or to provide for the education of its pupils in another district or districts for an equal period, it shall be deprived for the ensuing year of its proportion of the primary school interest fund. If any school district shall, on the second Monday in July of any year, have on hand a sufficient amount of money in the primary school interest fund to pay its teachers for the next ensu- ing two years as determined from the pay roll of said district for the last school year, and in case of a primary district, all tuition for the next ensuing two years, based upon the then enrollment in the seventh and eighth grades in said school district, the children in said district shall not be counted in making the next apportionment of primary school money by the superintendent of public instruction; nor shall such chil- dren be counted in making such apportionment until the amount of money in the primary school interest fund in said district shall be insuf- ficient to pay teachers' wages or tuition as herein set forth for the next ensuing two years. As proposed by concurrent resolution No. 1, Public Acts of 1911, pages 537-8 ; ratified April 3, 1911. (12) SEC. 10. The legislature shall maintain the university, the col- lege of mines, the state agricultural college, the state normal college and such state normal schools and other educational institutions as may be established by law. (13) SEC. 11. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes and the proceeds of all lands or other property ^ivcTi by individuals or appropriated by the state for like purposes shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation. (14) SEC. 12. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state, and the interest on the clear pro- ceeds from the sales thereof shall be appropriated exclusively to the sup- port of the primary schools. (15) SEC. 13. The legislature shall appropriate all salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have already been sold, and any funds or lands which 10 STATE OF MICHIGAN. may hereafter be granted or appropriated for such purpose, for the sup- port and maintenance of the agricultural college. (16) SEC. 14. The legislature shall provide by law for the establish- ment of at least one library in each township and city; and all fines assessed and collected in the several counties, cities and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries. (17) SEC. 15. Institutions for the benefit of those inhabitants wht, are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported. GENERAL SCHOOL LAWS. 11 STATUTORY PROVISIONS. ELECTIONS. [Extract from Chap. II of Act 203, P. A. 1917.] (18) SEC. 8. At each biennial spring election there shall elected the following officers: (1) Two justices of the supreme court, each for the full term of eight years, beginning on the first day of January next following his election ; ( i* ) Two regents of the university, each for the term of eight years, beginning on the first day of January next fol- lowing his election; ( :> i A superintendent of public instruction for the term of two years, beginning on the first day of July next follow- ing his election ; (4) A member of the state board of education for the term of six years, beginning on the first day of July next fol- lowing his election; (5) Two members of the state board of agriculture, each for the term of six years, beginning on the first day of Janu- ary next following his election. Act 270 of 1913, ( 462, C. L. 1915), abolishing the office of commissioner of the state land office, transfers to the superintendent of public instruction the duties of that officer "on the board of state auditors and all other boards, committees or commissions of which the commissioner of the state land office la by virtue of his office a member." pnbl THE PRIMARY SCHOOL SYSTEM. An Act to revise and consolidate the laws relating to public instruc- tion and primary schools, and to repeal all statutes and acts con- Ira vening the provisions of this act. [Act 164, P. A. 1881.] The People of the State of Michigan enact: CHAPTER 1. THK SII'KRINTBNDENT OF PUBLIC INSTRUCTION. il!i > ; r>i;ii. SECTION 1. The superintendent of public instrnction shall 1m ve general supervision of general instruc- timi in all public schools and in all state institutions that are educational in their character, as follows: The university, the agricultural college, the institution for the deaf and dumb, en the school for the blind, (a) the state industrial school for hoys, the state industrial home for girls, the state ic school for dependent and neglected children, and the Officers elected. Justices. Regents. Superintend- ent of public instruction. State board of education. State board of agricul- ture. superintend- instruction ln certain ' (a) Declared to be public schools by Act 148, P. A. 1917. 12 STATE OF MICHIGAN. Proviso, In- struction in English language. Residence of superin- tendent. Duties. Visit state institutions. Audit of accounts, etc. Statutory term of school. Annual report. home for the feeble-minded, and any similar institution that may hereafter be created: Provided, That all instruction from the first .to the eighth grade inclusive in those subjects required for an eighth grade diploma, in all the schools of this state, public, private, parochial, or in connection with any state institution named above, shall be conducted in the English language; but this provision shall not be construed as applying to the high school course of any school district of this state maintaining a legal high school as defined in act number sixty-five of the public acts of nineteen hundred nine, as amended, nor to the high school course of any insti- tution or corporation which maintains the same grades in its high school as are maintained in the legal high schools of this state; nor shall this provision be construed as prohibiting religious instruction in private or parochial schools given in any language in addition to the regular course of study. He shall reside at the seat of the state government and shall devote his entire time to the duties of his office. He shall be a graduate of a university, college or state normal school of good standing, and shall have had at least five years' experi- ence as a teacher or superintendent of schools. His duties shall be as follows: (a) To visit the state institutions mentioned above and meet with the governing boards thereof from time to time ; (b) To direct the supervision of county normal training classes and provide general rules for their management and control ; (c) To require all boards of education to observe the laws relating to schools, and he shall have authority to compel such observance by appropriate legal proceedings instituted in courts of competent jurisdiction by direction of the attorney general ; (d) To examine and audit the official records and accounts of any school district, and require corrections thereof when necessary, and to require an accounting from the treasurer of any school district when necessary; (e) To require all school districts to maintain school or provide educational facilities for all children resident in such district for at least the statutory period ; (f) To prepare annually, and transmit to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing a statement of the gen- eral educational conditions of the state; a general statement regarding the operation of the several state educational insti- tutions and all incorporated institutions of learning; to pre- sent plans for the improvement of the general educational system if in his judgment it is deemed necessary ; the report shall also contain the annual reports and accompanying docu- ments of all state educational institutions so far as the same may be of public interest, and tabulated statements of the annual reports of the several school officers of the townships GENERAL SCHOOL LAWS. 13 ILL 2 S and cities of the state, and any other matter relating to his office which he may deem expedient to communicate to the legislature ; (g) To appoint a time and place and proper instructors Teachers' for a state teachers' institute and for institutes in the several counties of the state, and make such rules and regulations for their management as he may deem necessary; (h) He may request the governor to remove from office May request any county commissioner of schools or member of the board certain 1 f of school examiners when he shall be satisfied from sufficient officers, evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office, or when he is incompetent to execute properly the duties of the office, or has been guilty of official misconduct, or of wilful neglect of duty, or of drunkenness. In case said superintendent shall determine the charges submitted to him are well founded he shall file with the governor a statement in writing showing the specific and definite charge or charges made against the officer complained of, and also a statement that he believes the charges to be true, and that in his opinion the case demands investigation, which statement shall take the place of the statement of the prosecuting attorney of the county in which said officer is acting; whereupon the gov- ernor shall proceed to investigate the case as the statute provides ; (i) The superintendent of public instruction shall have Power to . ii _ . . remove from power and is hereby required to remove from office, upon satis- office. factory proof and after at least ten days' notice to the party implicated, any member of any school board except city school districts who shall have illegally used or disposed of any of e public moneys entrusted to his charge, or who shall per- istently and without sufficient cause refuse or neglect to dis- harge any of the duties of his office, and in case of such removal it shall be the duty of the said state superintendent to have recorded in the office of the township clerk of such township the resolution or order for such removal, and such record of such resolution or order so entered or a certified copy thereof shall be prima facie evidence in all courts and places of jurisdiction of the regularity of such proceedings for removal, and said state superintendent shall file a similar copy of the proceedings in the records of his office : Provided, That if the party so removed shall within thirty days after such removal institute proceedings before a court of com- petent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such pro- ceedings to obtain such removal shall be discontinued or dis- missed, the said order for removal from office shall stand and not be subject to attack by any legal proceedings thereafter: Provided further, That when an officer is removed for cause he shall not again be elected or appointed to said office for a period of at least five years thereafter; 14 STATE OF MICHIGAN. To promote welfare. Deputy super- intendent. Duties. Salary. Proviso, assistant superin- tendents. Salaries. Tax clause. Rules and regulations, who to make. (j) To do all things necessary to promote the welfare of the public schools and public educational institutions and provide proper educational facilities for the youth of the state. From and after the first day of July, nineteen hundred nine, the salary of the superintendent of public instruction shall be four thousand dollars per annum, which shall be paid monthly out of the general fund in the state treasury upon the warrant of the auditor general in the same manner as the salaries of other state officers are paid. Am. 1919, Act 402. As to superintendent of public instruction, see Const., section 4, of this com- pilation. (20) 5642. SEC. 2. In order to organize the work of the department of public instruction and assist the superin- tendent in the performance of his duties in supervising public education, he may appoint a deputy superintendent of public instruction whose educational qualifications shall be the same as those required of the superintendent of public instruc- tion, who shall take the constitutional oath of office which shall be filed with the secretary of state. Said deputy shall assist the superintendent in the performance of his duties and he may execute the duties of the office of super- intendent in case of a vacancy or in the absence of the super- intendent. The salary of the deputy superintendent shall be two thousand five hundred dollars per annum. The salary of the deputy superintendent shall be paid from the general fund, upon a warrant of the auditor general, in the same manner that the salaries of other state officers are paid : Provided, That the superintendent of public instruction may also appoint two assistant superintendents, who shall per- form such duties as the superintendent of public instruction shall prescribe. The salaries of the assistant superintend- ents shall be twenty-one hundred dollars per annum, and such salaries shall be paid from the general fund, upon a warrant of the auditor general, in the same manner that the salaries of other state officers are paid. The superintendent of public instruction may revoke any of said appointments in his discretion. There is hereby appropriated out of the general fund in the state treasury a sufficient amount to carry out the provisions of this act. The auditor general shall add to and incorporate in the state tax for the year nineteen hundred seventeen and every year thereafter a suf- ficient amount to reimburse the general fund for the amounts appropriated by this act. Am. 1917, Act 22. (21) 5043. SEC. 3. The superintendent of public instruction may prepare and have printed general rules and regulations for the management of township and district libraries, and shall prepare and have printed a course of GENERAL SCHOOL LAWS 15 Books, lists of. Apportion- ment of primary school fund, etc. udy for the district schools of the state, which shall be pur- sued in all district schools in the state, except city school districts, and he shall transmit all these documents to the several school officers entrusted with the care and manage- ent of the public schools. With the co-operation of the te librarian, he shall prepare, at least once in every two \t-ars, lists of books suitable for township a"nd district libra- ries, and furnish copies of such lists to each township and school officer entrusted with the care and custody of their respective libraries, except city school libraries, and high school libraries, from which lists the said school officers all select and purchase books for their respective libraries. (22) 5644. SEC. 4. He shall in the year nineteen hun- red twelve, and annually thereafter on receiving notice from the auditor general of the amounts thereof and between the fifth and fifteenth days of July apportion the primary school interest fund among the several townships and cities of the state in proportion to the number of children in each between the ages of five and twenty years as the same shall appear by the reports of the several township clerks made to him for the school year closing in July of the preceding year, and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the auditor gen- eral, who shall thereupon draw his warrant upon the state treasurer in favor of the treasurer of each county for the amount payable to each county. He shall also send written notices to the clerks of the several counties of the amount in the aggregate to be disbursed in their respective counties, and the amount payable to the townships and cities therein sj.et t i vel\ . The primary school interest fund payable under e law now existing shall be apportioned and paid between the lirst and tenth days of November, nineteen hundred eleven : Provided, That, if any deficiency shall be caused in the teachers' wages fund in any school district by the changing of the date of the. apportionment of the primary school interest fund by the superintendent of public instruc- tion, the school board or board of education of said district shall have authority tirst to borrow on the warrant of the Hstrict a sum sufficient to meet such deficiency or, second, borrow and issue bonds of the school district for the sum such deficiency for a period not to exceed five years. Where the superintendent of public instruction directed the payment of the Apportionment of funds to one of the four districts of the township, the direc- tion for payment of the funds followed the same into the hands of the town- ship treasurer, and no other or further apportionment was necessary or could be made by the township clerk, who was powerless to alter or modify the action of the superintendent of public instruction. Moiles v. Watson, 60/415. The .i- of the district, to whom the money was paid, being assessor de facto, the question of \vhetln -r or not he was also assessor de jure could not be raised in this case. Id. it has from the beginning been the policy of this state to maintain its primary schools for the education of children within school age, ixnd to that end it has always caused to be set aside certain revenues, which Warrant for, how drawn. Notice to county clerks. Proviso. 5 16 STATE OF MICHIGAN. by statute are apportioned to the several counties according to the number of children residing in each county within the age limit, "as the same shall appear by the reports of the several school boards or school inspectors made" for that purpose. Muskegon Public Schools v. Wright, 176 / 6, 12. Proceedings in case of defective returns. When defi- ciency may be apportioned the next year. Other duties of superin- tendent. (23) 5645. SEC. 5. Whenever the returns from any county, township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, township, city, or district shall be so far defective as to 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 ascertain by the best evidence in his power the facts upon which the ratio of such apportionment shall depend, and shall make the appor- tionment accordingly. (24) 5646. SEC. 6. Whenever any county, township, city, or district, through failure or error in making the proper report, shall fail to receive its share of the primary school interest fund, the superintendent of public instruction, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said superintendent that any dis- trict has had three months 7 school, but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school interest fund in his discretion. (25) 5647. SEC. 7. The superintendent of public instruction shall perform such other duties as are or shall be required of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office. Township board, authority of, in division of school districts. Districts heretofore organized. CHAPTER II. FORMATION, ALTERATION, MEETINGS, AND POWERS OF DISTRICTS. (26) 5648. SECTION 1. The township board of each township shall have authority to divide the township into such number of school districts as may from time to time be necessary, which districts it shall number, and it may regulate and alter the boundaries of the same as circum- stances shall render proper; and each district shall be com- posed of contiguous territory and be in as compact a form as may be. Districts heretofore organized shall remain and have the same boundaries as at the time of the passage of this act, subject to change hereafter in the discretion of the township board. PRIMARY SCHOOL SYSTEM : The whole primary school system was con- fided by the constitution to the legislature and it cannot be said that the GENERAL SCHOOL LAWS. 17 officers of school districts chosen pursuant to the system adopted by the leg- islature, are constitutional officers. Belles v. Burr, 76/11. The constitution of 1850 left to the legislature, as did the preceding constitution, the establish- ment of a system of primary schools, restricting the legislature only by pro- viding that a school shall be kept, without charge for tuition, at least three months in each year, and that all instruction shall be conducted in the Eng- lish language. All other matters seem to be within the discretion of the legislature. Perrizo v. Kesler, 93 / 283 ; People v. Hewlett, 94 / 168 ; Pingree v Board of Education, 99 / 408. The constitution of 1909 provides that a district maintain school live months in each year in order to participate in the primary interest fund. Our primary school system is the pride of the 8ta te. People v. Hewlett, 94 / 169. FORMATION OF DISTRICTS: See Doxey v. Sch. Inspectors, 67/603; Brody v. Penn. Twp. Board, 32 / 273 ; Sch. Dist. v. Sch. Dist., 81 / 343 ; Siiupkins v. Ward, 45 / 561. See Briggs v. Borden, 71 / 89-90 ; People v. Davidson, 2 Doug. 121 ; Brewer v. Palmer, 13 / 107. When two districts are annexed without any other change in their boundaries, the mere fact that one number is preferred to another does not change the real character of the annexation. Brewer v. Palmer, 13 / 109. When one district is annexed to another, its corporate existence ceases and it cannot be sued for debts ; the new district must be held responsible for them. Id. But when a district is parceled out among several other districts, the latter cannot be held jointly liable for the debts of the former ; whatever they are bound to pay is a several and not a joint obligation. Halbert v. Sch. Dists., 36/421. Change of a district formed by special act of the legislature. Sch. Dist. v. Dean, 17 / 223. The organization of a new township severs its territory from the school district within which it was formerly embraced. People v. Ryan, 19/203. See section 34. QUESTIONING REGULARITY : The regularity of the proceedings for the formation of a district and the existence of it cannot be questioned collater- ally, but only in direct proceedings. Clement v. Everest, 29 / 19. See Sch. Dist. v. Inspectors, 27 / 3 ; Stuart v. Sch. Dist., 30 / 69 ; Lord v. Every, 38 / 405 ; Bird v. Perkins, 33 / 30 ; Stockle v. Silsbee, 41 / 621 ; Keweeuaw Ass'n v. Sch. Dist., 98 / 437. The legality of the organization and existence of the district cannot be tested by certiorari. Jaquith v. Hale, 31 / 430. Cer- tiorari to review the proceedings in organizing a district will not lie after the ^ district is actually organized and has assumed the functions of a corporation ; its corporate existence must then be tested by quo warranto. Sch. Dist. v. Inspectors, 27/3; People v. Gartland, 75/143. But there should be some special and extraordinary reason to justify interference by quo warranto with the organization of a school district, as the statutes provide a speedier remedy by an appeal from the district board to the township board. Lord v. Every, 38 / 405. And the supreme court will not meddle with the con- cerns of school districts, on mandamus, except on things of substance. Sch. Dist. v. Riverside Twp., 67 / 406. The facts in regard to the notices and proof of posting are sufficiently established if set out in the return of the board, though not appearing in the clerk's minutes of the proceedings. The act of detaching territory from two school districts and forming a new district by one and the same motion, after parties interested have had ample opportunity to be heard on both questions, is valid. Smelzer v. Inspectors Big Prairie Twp., 125/666. (27) 5649. SEC. 2. Whenever the township board of Notice to any township shall form a school district therein, it shall be on^ormaHon the duty of the clerk of such board to deliver to a taxable of dl8tTict inhabitant of such district a notice in writing of the forma- tion of such district, describing its boundaries and specify- ing the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. The said notice shall also direct such inhabitant Notice to to notify every qualified voter of such district, either per- ?!J?er? ed sonally or by leaving a written notice at his place of resi- dence, of the time and place of said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly, and said inhabitant, when he shall have notified the qualified voters as required in such notice, shall endorse thereon a return showing such notification with the Return, date or dates thereof, and deliver such notice and return to sh^w. to the chairman of the meeting, to be by him delivered to the . 18 STATE OF MICHIGAN. director chosen at such meeting, and by said director recorded at length as a part of the records of such district. NOTICE : The board may, under one notice, at one meeting, by separate action, detach lands from separate school districts and attach them to one district. Doxey v. School Inspectors, 67/601. Irregularity in notice. Parman v. Inspectors, 49 / 63. See Roeser v. Gartland, 75 / 144. RECORDS: Importance of. Sch. Dist. v. Snell, 24/352. Proceedings in case of failure to organize district. Fractional districts, how formed. Annual reports, where made. When districts deemed duly organized. When pre- sumed legally organized. Organization, how lost. Failure to maintain school. Resolution declaring dissolution. (28) 5650. SEC. 3. In case the inhabitants of any district shall fail to organize the same in pursuance of such notice as aforesaid, the said clerk shall give a new notice in the manner hereinbefore provided, and the same proceed- ings shall be had thereon as if no previous notice had been delivered. (29) 5651. SEC. 4. Whenever it shall be necessary or convenient to form a district from two or more adjoining townships, the township boards, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a fractional district, and direct which town- ship clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may render neces- sary in the same manner that other districts are altered. The annual reports of the director of such district shall be made to the clerk of the township in which the schoolhouse may be situated, and the township board of such township shall number said district. Saginaw Twp. v. Sch. Dist., 9 / 544 ; Brewer v. Palmer, 13 / 109. (30) 5652. SEC. 5. Every such school district shall be deemed duly organized when any two of the officers elected at the first meeting shall have filed their acceptances in writ- ing with the director, and the same shall have been recorded in the minutes of such first meeting. Every school district shall in all cases be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of two years ; and such school district and its officers shall be entitled to all the rights, privileges and immunities, and be subject to all the duties and liabilities conferred upon school districts by law. Any school district shall lose its organization as follows : (a) Whenever there are not three or more persons in such district qualified under the law to hold district offices; ,(b) Whenever such district shall fail to maintain school for the time required by law for a period of two successive years either within its own boundaries or by providing for the education of the children in other districts. Upon the happening of either condition, the township board, or joint board, if such district be fractional, shall declare by resolu- tion such district dissolved and shall immediately attach the territory thereof, in whole or in part, to other districts already GENERAL SCHOOL LAWS. 19 organized and make an equitable distribution of the money, property and other material belonging to such district among the districts to which the territory thereof shall be attached, in accordance with the provisions hereinafter stated. PRESUMPTION OF LEGAL ORGANIZATION : When a district has exer- cised the franchises and privileges of a school district for over two years, it is too late to question the legality of Its organization. Sch. Dist. v. -Sch. Hist., 63 / 56 ; Sch. Dist. v. Sch. Dist., 81 / 343 ; Bd. of Ed. of Traverse City \. Straub, 182 / 665. The same rule which recognizes the right of officers de facto recognizes corporations de facto. Clement v. Everest, 29 / 23. In public affairs, when the people have organized themselves under color of law into the ordinary municipal bodies, and have gone on year after year raising taxes, making improvements and exercising their usual franchises, their rights are properly regarded as depending quite as much on the acquiescence as on the regularity O f their origin, and no ex post facto inquiry can be permitted to undo their corporate existence. People v. Maynard, 15 / 470. As to question- ing the regularity of organizations, etc., see note to section 26. (31) 5653. SEC. 6. The record of the first meeting inn do by the director shall be prima facie evidence of the facts therein set forth and of the legality of all proceedings in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the township board as evidence. Directors' record of first meeting prima facie evidence. CORPORATE POWERS OF DISTRICTS. School district, a body corporate. Name and style. QK ; n (32) 5654. SEC. 7. Every school district organized in pursuance of this chapter, or which has been organized and continued under any previous law of the state or territory of Michigan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of "school district number (such num- ber as shall be designated in the formation thereof by the township board), of (the name of the township or townships in which the district is situated)," and in that Power of. name shall be capable of suing and being sued, of contracting and being contracted with, and of holding such real and personal estate as is authorized to be purchased by the pro- visions of law, and of selling the same. < ORPORATE POWERS: The school district, under our statutes, is a cor- poration, and, as such corporation, is represented by three officers; a moder- ator, director and assessor. The affairs of the district are managed and con- ill.-d hy fhrm. Tinder certain restrictions. Sch. Dist. v. Sch. Dist 63/57 1 district can take and hold bequests of money for the maintenance a public library for the use ami benefit of tho residents of the district ynnrd v Woodward. 36/423. School districts, like townships and coun- are subdivisions of the state. This section nivi-s them the capacity to and be sued. Van Wert v. Sch. Dist.. 100 / 333. School districts are Dlcipai corporations. Seeley v. Board of Ed., 39 / 4S6 ; Sch. Dist. v Gage /484; Belles v. Burr, 76/1. And cannot be garnishecd even by their own isenr. unless the debtor also consents. Id. They preceded the constitution uart v Sch Dist., 30/69), ahd were recognized by that instrument. Belles iv. Burr. 76/11. It is familiar doctrine that school districts are state agencies with limited powers, confined, generally, to those expressly enumerated ~75/440 e neccssarily im Plted. Attorney General v. Detroit Bd. of Education, MI'SIT: This section gives school districts capacity to sue and be i ' -i * ,Yu 1;nm gainst the district is unliquidated, assumpsit will lie and liquidated the remedy would be by mandamus to compel the necessary action to cause it to hi- paid. Waterman, etc., Co. v. Sch Dist 183/175 20 STATE OF MICHIGAN. Alteration of district boundaries by township board. Posting notice. Joint boards. May detach, etc., property. Proviso, referendum. ALTERATION OP DISTRICTS. (33) 5655. SEC. 8. Whenever the township board shall contemplate an alteration of the boundaries of a district, the township clerk (and for meetings of boards to act in rela- tion to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of said board and the alteration pro- posed, by posting such notice in three public places in the township or townships, one of which notices shall be in each of the districts that may be affected by such alteration. When- ever the township boards of more than one township meet, they shall elect one of their number chairman, and another clerk thereof. NOTICE: Th'e notice required is'jurisdictional and indispensable. Coulter v. Inspectors, 59 / 391 ; Sch. Dist. v. Inspectors, 63 / 611 ; Gentle v. Inspec- tors, 73 / 40 ; Graves v. Inspectors, 102 / 635 ; Passage v. Inspectors, 19 / 330 ; Andress v. Inspectors, 19 / 332. Proof of the posting of such notice should be filed with the clerk of the board, before any action is taken. Coulter v. Inspectors, 59 / 391 ; Sch. Dist. v. Inspectors, 63 / 611 ; Graves v. Inspec- tors, 102 / 635. Where notice is not given the filing of the consent of a majority of the resident taxpayers of the districts affected will not validate the action. Gentle v. Inspectors, 73 / 40. Notices must be posted in each township affected by the alteration. Sch. Dist. v. Metcalf, 93/499. The object of the notice is to enable parties interested to be heard before any action is taken. Gentle v. Inspectors, 73 / 45 ; Sch. Dist. v. Metcalf, 93 / 499. As to the provision in the former law, see Sch. Dist. v. Sch. Dist., 63/51. Notice of posting notices in three public places is jurisdictional. Affidavit must show that the notices were so posted. Certiorari will lie to test validity of proceedings where petitioner moves promptly. Huyser v. Board of Schoo'l Inspectors, 131 / 568. FRACTIONAL DISTRICTS : The action of the Joint boards is required in case of fractional districts. Sch. Dist. v. Sch. Dist., 81 / 343. (34) 5656. SEC. 9. A township board may in its dis- cretion detach the property of any person or persons from one district and attach it to another: Provided, however, That no land which has been taxed for building a school- house shall be set off into another district for the period of three years thereafter except by the consent of a two-thirds majority of the resident owners of said land ; and no district shall be divided into two or more districts without the con- sent of the majority of the resident taxpayers of said district, and no two or more districts shall be consolidated without the consent of a majority of the resident taxpayers of each district. People v. Davidson, 2 Doug. 121; Brewer v. Palmer, 13/104. See Sch. Dist. v. Dean, 17 / 223 ; Gentle v. Sch. Inspectors, 73 / 45. DISSOLVING DISTRICT: The school inspectors (township board) have power to alter boundaries of districts, and attach or detach persons, to or from any district; but no power is anywhere granted to them to disband, dissolve or destroy a district, save as restricted under this section. Briggs v Borden 71 / 90. As intimated in Doxey v. Inspectors, 67 / 604, the board have no authority to divide up a district and destroy it without the consent of a majority of the resident taxpayers; nor can they destroy it by cutting it up into pieces and attaching all the territory to other districts without such consent. Id. The terms "dissolve" and "disband" are of similar import and a vote taken to "disband" is supported by notice of a meeting to vote upon a proposition to "dissolve." Id. CONSENT OF OWNER : Lauds taxed within three years for building a schoolhouse, not to be set off into another district without the consent of the owner. Coulter v. Inspectors, 59 / 391. CONSOLIDATION : The right of inspectors to consolidate districts depends upon the consent of majority of resident taxpayers. Where a school district GENERAL SCHOOL LAWS. 21 e facto formed by consolidation of other districts has been In existence NO years or more the court will not set aside action of board. Howell v. hannon, 130 / 556. POWER OF LEGISLATURE : The legislature may change the boundaries f district. Att'y Gen. ex. rel. Kies v. Lowery, 131 / 639. (35) 5657. SEC. 10. The township board shall attach o a school district contiguous territory in the township and iot in any organized district. (36) 5658. SEC. 11. In all cases where an alteration >f the boundaries of a school district shall be made, the ownship clerk shall, within ten days, deliver to the director >f each district affected by the alteration a notice in writing, letting forth the action of the township board and defining he alterations that have been made. DIVISION OP PROPERTY. (37) 5659. SEC. 12. When a new district is formed in vhole or in part from one or more districts possessed of a schoolhouse or entitled to other property, the township board it the time of forming such new district, or as soon there- ifter as may be, shall ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school- house and other property belonging to the former district, at the time of such division ; and whenever by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes and shall not be desired for use by the new district in which it may be sit- uated, the township board of the township in which such schoolhouse and site shall be located may advertise and sell the same, and apportion the proceeds of such sale and also any moneys belonging to the district thus divided among the several districts erected in whole or in part from the divided district. Unorganized territory. Notice to director of district affected by alteration. Division of districts possessed of school- houses, etc. When may sell and apportion proceeds. .,: Saginaw Twp. v. Sch. Dist., 9 / 541 ; People v. Ryan, 19 / 203 ; Ramsey v. , . i t-tt Twp. Clerk, 52 / 344 ; Sch. Dist. v. Riverside Twp., 67 / 404. NEW DISTRICT : See Pine Sch. Dist. v. Wilcox, 48 / 404, and section 117 as to appeals. Bill to prevent the consummation of a void apportionment. Sch. Dist. v. Sch. Dist., 63 / 58. Bill to restrain the sale of the school- h.mse. Briggs v. Borden, 71/87. Upon the formation of a new district by the union of two or more, the new district succeeds to the credits and prop- erty and is liable for the debts of the old ones. Brewer v. Palmer, 13 / 104 ; Halbert v. Districts, 36 / 421. (38) 5660. SEC. 13. Such proportion shall be ascer- Proportion, tained and determined according to the value of the taxable fuined asc property of the respective parts of such former district at the time of the division, by the best evidence in the power of the township board; and such amount of any debt due from Dej>t the former district, which would have been a charge upon the new had it remained in the former district, shall be deducted deducted. 22 STATE OF MICHIGAN. proviso. from such proportion: Provided, That no real estate thus set off, and which shall not have been taxed for the purchase or building of such schoolhouse, shall be entitled to any por- tion thereof nor be taken into account in such division of district property. DEBTS OF OLD DISTRICTS : Where the territory of a school district is absorbed by other districts, the statute contemplates that the township board shall make an equitable adjustment of property and debts, so as to propor- tion them fairly among the districts which have succeeded to the jurisdic- tion of that which has been divided. Halbert v. Sch. Districts, 36/421. Where a school district has been subdivided and other districts set off, the debts of the original district cannot be parceled out among all by a proceed- ing in the courts, so as to give creditors a remedy against any but the orig- inal debtors. Turnbull v. Alpena Sch. Dist., 45 / 496 ; Maltz v. Board of Education, 41 / 547. A debt once existing must remain a debt against the corporation that created it, and its obligation is not destroyed by a change in corporation limits. If contribution is required, it must be obtained by the corporation and not by its creditors, unless otherwise provided by law. Turnbull v. Alpena Sch. Dist., 45 / 499. Annual school meetings, svhen held. School year, when to begin. Proviso. Special meetings. When may not be called. Business of, to be stated in notice. Notices of meetings. DISTRICT MEETINGS. (39) 5661. SEC. 14. The annual meeting of all school districts, except where otherwise provided by special enact- ment, shall be held on the second Monday of July in each year. The school year shall commence on that day, and the trustees and officers of the district shall date their terms of office from said day, and until their successors are elected and qualified : Provided, That any district may vote to hold its annual meeting on the fourth Monday in July. (40) 5662. SEC. 15. Special meetings may be called by the district board ; and it shall be the duty of said board, or any one of them, to call such meetings on the written request of not less than five legal voters of the district, by giving the notice required in the next succeeding section ; but no special meeting shall be called unless the business to be transacted may lawfully come before such meeting, and no business shall be transacted at a special meeting unless the same be stated in the notice of said meeting. NOTICE : Liberal rules of interpretation must be applied to these notices, and if they be such as, under a fair construction, to give notice to the electors of the purpose for which the meetings are called, they must b<> hold sufficient. Peters v. Warren Twp., 98 / 55. SPECIAL MEETING : In order to constitute a legal school meeting, the evidence must show that a legal petition was presented and a legal notice of the meeting given. Cent. Sch. Supply House v. Sch. Dist., 99 / 402 ; Johns- ton v. Mitchell, 120 /589. Use by a school board, in calling a special meet- ing, of a blank form of notice prepared by a lawyer at the reqxiest of one who was not a member of the board, is insufficient to show a ratification on its part of a promise by such third person that the board would pay a specified sum for the legal services rendered. Leonardson v. School District No. 3 of Troy Township, 125/209. (41) 5663. SEC. 16. All notices of annual or special district meetings, /after the first meeting has been held as aforesaid, shall specify the day and hour and place of meet- ing, and shall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meet- <; I:.\KKAL SCHOOL LAWS. ng shall be posted at the outer door of the district school- louse, if there be one; and in case of any special meeting ailed for the purpose of establishing or changing the site t' a schoolhouse, such notice shall be given at least ten days revious thereto: Provided, That when any of the district M.ard shall receive a request to call a special meeting, as n-ovided in the preceding section, he shall forthwith give lotice, as above provided, of said meeting, which shall be :alled in not less than six nor more than twelve days from he time the said officer shall receive the notice aforesaid. V<> annual meeting shall be deemed illegal for want of due lotice, unless it shall appear that the omission to give such lotice was wilful and fraudulent. Schafer v. Sch. Diet. No. 1 of Baraga, 116 / 206 ; Johnston v. Mitchell, 20 / 589. (42) 5664. SEC. IT. In all school elections including school elections held in districts organized and governed in vvhole or in part by a local act or acts, and including cities >f the fourth class, any provisions in such local act or acts to the contrary notwithstanding, every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the dis- trict, or who is the parent or legal guardian of any child >t school age included in the school census of said district, and who has resided in said district three months next pre- ceding such election, shall be a qualified voter. On the ques- tion of voting school taxes, every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the district, and who has resided in the district as above stated, shall be a qualified voter: Provided, That the purchaser of land upon a land contract, who actually pays the taxes upon such land and resides thereon, may vote upon all questions; and where a husband and wife own property jointly and same is assessed for school taxes in the school district, each may, if otherwise qualified, vote upon all questions includ- ing the question of raising money: Provided however, That this act shall not be applicable in any city having a popula- tion of two hundred fifty thousand or over which comprises a single school district, but in such city all male electors who shall possess the qualifications specified in section one, article three of the constitution of this state, and all females, who, if they were males, would be qualified electors, shall he qualified voters in all school elections in such city, and on questions of voting school taxes therein, and such electors, male and female, shall he registered in the manner provided by law for the registration of male electors in any such city, and all such female electors shall be registered in a separate register, and in making the returns of such elections a separate return shall be made of the votes cast by women, but the aggregate vote return shall include the votes of all 23 Proviso, duty of dis- trict officer to give. When annual meeting not illegal for want of. Who qualified voter. On voting school taxes. Proviso, land contracts. Proviso, In cities of 250,000 or over. 24 STATE OF MICHIGAN. women electors, it being the intent of this act that the quali- fications of electors qualified to vote for school inspectors therein shall be governed by the provisions of law as they existed prior to the passage of act number one hundred forty- six of the public acts of nineteen hundred thirteen. Am. 1917, Act 7. Challenging voters. to challenged voter. (43) 5665. 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 presiding at such meeting shall declare to the person challenged the quali- fications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the chair- man shall tender to him an oath, in substance as follows: Oath tendered "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you pay a school district tax therein;" and every person taking this oath shall be permitted to vote upon all questions pro- posed at such meetings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall wilfully take a false oath, or make a false affirmation, under the provisions of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner. False oath deemed perjury. Disorderly persons at district meetings. Penalty for disturbing meeting. Belles v. Burr, 76 / 6 ; Menton v. Cook, 147 / 542. (44) 5666. SEC. 19. If at any district meeting any person shall conduct himself in a disorderly manner, and, after notice from the moderator or person presiding, shall persist therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who shall refuse to withdraw from such meeting on being so ordered as herein provided, and also any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dol- GENERAL SCHOOL LAWS. 25 1 rs, or by imprisonment in the county jail not exceeding t drty days ; and any justice of the peace, recorder, or police j istice of*the township, ward, or city where such offense shall tion in trial. 1 3 committed, shall have jurisdiction to try and determine the ime. (45) 5667. SEC. 20. The qualified voters of any school < istrict when lawfully assembled at the first and at each i inual meeting or at an adjournment thereof, or at any fr >ecial meeting lawfully called, except as hereinafter pro- * ided, shall have power : First, At the first meeting and at any meeting after the Chairman. ( rganization of the district, in the absence of the moderator, 1 ) appoint a chairman for the time being and, in the absence ( f the director, to appoint some person to act in his stead, 1 'ho shall keep a minute of the proceedings of such meeting j nd certify same to the director, to be by him entered in the i ecords of the district ; Second, To adjourn from time to time as occasion may Adjournment. : equire ; Third, To elect district officers as herein provided, and to etermine at what hour the annual meeting shall be held ; Fourth, To designate as hereinafter provided a site or such sites, tumber of sites as may be desired for schoolhouses, and to i hange same when necessary; Fifth, To direct the purchasing or leasing of a site or sites Purchase, etc. " awfully determined upon ; the building, hiring or purchasing <>f a school house or houses, or the enlarging of a site or ,'dtes previously established; Sixth, To vote such tax as the meeting shall deem sufficient Tax, limit of o purchase or lease a site or sites, or to build, hire or pur- chase a school house or houses; but the amount of taxes to >e raised in any district for the purpose of purchasing or milding or altering a school house or houses in the same year :hat any bonded indebtedness is incurred shall not exceed two hundred fifty dollars in districts containing less than ten children between the ages of five and twenty years; in listricts having between ten and thirty children of like age it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age it shall not exceed one thousand dollars; the foregoing tax when levied and collected, together with all funds derived from bonding for the same purposes, when received by the treas- urer, shall be accounted for under the title of "building ? u U n d dln fund:" Provided, That the money belonging to the building proviso, fund shall be used for no other purpose than that for which it was raised without a consenting vote of two-thirds of the taxpaying voters of the district present and voting at said election ; Seventh, To determine the amount of money to be raised by tax for all school purposes, except as otherwise provided by law; the tax herein provided for, together with the one- 26 STATE OF MICHIGAN. School house, etc., sale of. Suits. Building committee. School terms. mill tax, when collected and received by the treasurer shall be accounted for under the title of "General Fund ;" Eighth, To authorize and direct the sale of any school house, site, building or other property belonging to the dis- trict, when the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party or interested; Tenth, To appoint as in their discretion it may be neces- sary a building committee to perform such duties in super- vising the work of building a school house as they may by vote direct; Eleventh, At the first and annual meeting only to deter- mine the length of time a school shall be taught in their dis- trict during the ensuing year, which shall not be less than nine months in all districts having four hundred or more children of school age, and in all districts having over thirty children and less than four hundred children, not less than eight months, and not less than five months in all other dis- tricts on the pain of forfeiture of their share of the primary school interest fund; but in case the people do not deter- mine the length of the school year, then the district board shall determine same, and in case the board or the district fix the length of the school year, and later in the year it is found desirable to increase the length of said school year, such action may be taken at a properly called special school meeting, or the board may take such action on petition of a majority of the resident qualified voters: Provided, That each school district may at an annual or special meeting vote to discontinue school in the district for the ensuing year and determine that the children resident therein shall be sent to another school or schools, and when such action has been taken the school board shall have authority to use any funds, except library funds, in the hands of the treasurer to pay the tuition and transportation of all such children, and if necessary vote a tax for such purpose. Proviso. Moiles v. Watson, 60 / 415 ; Detroit Board of Education v. Moross, 151 / 625. FOURTH : See section 102 as to designation of school sites. FIFTH : A school district contracting for the building of a schoolhouse within a stated time, is bound to furnish a suitable site therefor, within such reasonable time that the contractors shall not be delayed on their part. Todd v. Sch. Dist., 40 / 294. Sureties upon a bond for the performance of a Con- tract are released by an assignment of the contract and the grant of an exten- sion of time .to the contractors. Id. See Act 17 of 1915, sections 598-600. SIXTH : A school district in its annual meeting may lawfully recognize and pay equitable claims even though they are rot strictly legal demands against it. Stockdale v. School Dist., 47 / 226. The provision that no land shall be taxed for the building of schoolhouses, unless some portion thereof shall be within 2V- miles of the schoolhouse site, does not apply to a graded school district. Keweenaw Ass'n v. Sch. Dist., 98 / 437. SEVENTH : Equitable claims. See notes to subdivision sixth. Certain charts, etc., held not to be necessary appendages, such as the director is required to furnish. Gibson v. Sch. Dist., 36 / 404 ; Publishing House v. School Dist., 94 / 265. A school district has no power to levy a tax except for the GENERAL SCHOOL LAWS. 27 . tirposes specified by statute. Hinman v. Sch. Dist., 4 / 168. See section 6, subdivision 6. ELEVENTH : Tappan v. Sch. Dist., 44 / 500. The district board has ower to contract with a qualified teacher for such term during the ensuing ear as shall bo determined by the qualified voters of the district at the iinual school meeting. Cleveland v. Amy. 88/374; Moiles v. Watson, / 417. In exorcising the discretion vested in the voters of a school district ) discontinue school for a year, the school hoard are bound to furnish trans- ion and may determine the amount to be paid. The performance of such uty may be enforced by mandamus. Dennis v. Wrigley, 175 / 621. Where oters of a district have voted to discontinue school and send the children to ii adjoining district, at an annual or special meeting cannot rescind the action t a subsequent meeting and reopen the school for the ensuing period. Meek . Carpenter, 178 / 547. MISCKLLANKolS : Gibson v. Sch. Dist., 36/404. Where a board of duration erects a school building in such manner that ice and snow must ie\itably slide from the root" into plaintiffs premises, there being no sufli ient harrier to prevent, and fails, after notice, to remedy the defect, it may e held liable to him for injuries sustained in falling upon ice so precipi- ated, the trespass being the proximate cause of the injury .Ferris v. Board f Education of Detroit, 122 /.315. The neglect or refusal of the electors t" u township to vote the amounts necessary to be raised for township and eh.iol purposes is sufficiently shown, within the statutes authorizing the ownship board and the board of education, respectively, to vote the same n such case, by a recital in the resolutions of the several boards voting such axes, that the attention of the electors present at the annual meeting was ailed to the matter of voting upon sucti questions, and that they failed, leglected, and refused to vote such sums as were necessary. Weston Lum- IT Co. v. Township of Munising, 123 /- 138. Where the legislature divides i district and provides for a distribution of property, the new district is not ntitled to share in primary school interest fund at the following apportion- nent, though based upon reports of previous year. A district which does iot maintain school for at least three months (now five months) is not ntitled to share in apportionment of primary school interest fund. Decker- .ille Sch. .61 District v. District No. 3 of Marion, 131/272. A school dis rict which had provided by resolution for the seating of a schoolhouse is stopped tit question the validity of a contract signed by the director only, >\here other officers paid the freight bills and the seats had been in use fifteen months. Jones v. Sch. Dist. No. 3 of losco, 110/363. District board bought furniture 1 . At following annual meeting voters made no objection. Held a ratitication of the contract though act of board was not authorized. Haney Sch. Fur. Co. v. Sch. District No. 1 of Crystal Lake Twp., 133/241. hool district cannot appropriate surplus one mill tax to general purpose fore end of year. Bonhagol v. Sch. Bd. of Dist. No. 1, Bronson & Bethel 134 / 455. CHAPTER III. DISTRICT BOARD AND OFFICERS. i4<; i $ nwis. SECTION 1. At the first meeting in each Election of school district there shall be elected by ballot a moderator office* for the term of three years, a director for two years, and a treasurer for one year; and on the expiration of their respec- Term of live terms of otlice, and regularly thereafter at the annual offlce - meetings, their several successors shall be elected in like manner for a term of three years each. The time intervening between the lirst meeting in any school district and the first inual meeting thereafter shall he reckoned as one year. 1 (',.-,. 1- A V.toi, (I 5668-5758, C. L. 1915), changes the word to treasurer. See section ."!. ICKUS : The otlic.-rs ..f a primary school district consist of a modera- , director and assessor. These officers are created by statute and have attached to them certain limited powers and particular duties. They have, therefore, neither common law power, imr rights, but are strictly confined to ch as are conferred upon them by statute; and as no compensation for ir official services has been prorided [as the law stood prior to 1859] or any manner authorized by statute, none can he legally claimed or recov- il. Ilinman v. Sch. Dist., 4 / H'.x. The provisions relative to the elec- tion of school district officers by ballot are mandatory; but where they were unanimously chosen by viva voce vote at a regular meeting, and qualified and ted and no one else claimed the offices, a writ of quo warranto was dis- Hler g acted and n 28 STATE OF MICHIGAN. missed. People v. Qartland, 75 / 143. Parol evidence Is admissible to hoir who are the district officers. Crane v. Sch. Dist., 61 / 290. BALLOT : All ballots cast under statutory requirements are formal and final, if there is an election, and cannot be repeated. There can be no "informal" ballot. People v. Stone, 78 / 635 ; Sch. Dist. v. Root, 61 / 373. When school district office deemed vacant. Vacancies, how filled. Term of office. Officers, who eligible. Proviso, husband and wife. Publisher's agent. (47) 5669. SEC. 2. A school district office shall become vacant immediately upon any of the following events : First, The death of the incumbent; Second, His resignation; Third, His removal from office; Fourth, His removal from the district; Fifth, His .conviction of any infamous crime ; Sixth, His election or appointment being declared void by a competent tribunal; Seventh, His neglect to file his acceptance of office, or to give or renew any official bond according to law ; Eighth, His ceasing to be a taxpayer in the school dis- trict ; Ninth, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting, at the expiration of which period the board of school inspectors shall appoint such successor. (48) 5670. SEC. 3. In case any one of the district offices becomes vacant, the two remaining officers shall imme- diately fill such vacancy; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies; in case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a dis- trict shall become vacant, the township board of the town- ship to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the next succeeding annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. Johnston v. Mitchell, 120/589. (49) 5671. SEC. 4. Any qualified voter in a school dis- trict whose name appears on the assessment roll and who is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school district: Provided, That where a husband and wife own property jointly, regardless of the name which appears on the assessment role, if otherwise qualified, each shall be eligible to election or appointment to school office. It shall be illegal for any member of the district board to act as agent for any author, publisher or seller of school books or school apparatus, or to receive any gift or reward for his influence in recommending the purchase or use of any school Accep of offi< tance CP. GENERAL SCHOOL LAWS. or apparatus in the state of Michigan. It shall be^ t r e f al illegal for any member of the district board to perform any labor, except as provided in this act, or furnish any material or supplies for the school district in which he is an officer, and he shall not be personally interested in any way what- ever directly or indirectly in any contract with the district in which he holds office. Any act herein prohibited, if per- Penalty, formed by any such school officer, shall be deemed a misde- meanor, and he shall be liable to the punishment provided for such offense in accordance with the statute in such case made and provided. (50) 5672. SEC. 5. Within ten days after their elec- tion or appointment, the several officers of each school district shall file with the director written acceptances of the office to which they have been respectively elected or appointed, accompanied by an affidavit, properly acknowledged, that they are qualified voters, that their name appears on the assessment roll, and that they are the owners in their own right of the property so assessed, and such acceptances and affidavits shall be entered in the records of the district by said director. The affidavit herein required may be executed Affidavit, before any officer authorized under the laws of the state to take acknowledgments or before the senior officer of the dis- trict board in that particular district. (51) 5G73. SEC. 6. The moderator, director, and treas- District urer shall constitute the district board. Meetings of the board may be called by any member thereof by serving on the mav be other members a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the dis- trict board shall be valid unless voted at a meeting of the board. A majority of the members of the board at a meeting Quorum thereof shall be necessary for the transaction of business. A teacher cannot be hired by two members of the board without the con- currence of the third and without convening any meeting of the board. Hazen v. Lerche, 47 / 626. A school teacher can be employed only by the action of a district board at a meeting of the board. Parol evidence is not admissible to show that the record of the .meeting made by the directors Is not true. Cowley v. Sch. Dlst. No. 3, HarrlsvlUe, 130 / 634. (52) 5G74. SEC. 7. The said district board shall pur- chase a record book and such other books, blanks and sta- tionery as may be necessary to keep a record of the proceed- books etc ings of the district meetings and of the meetings of the board, the accounts of the treasurer, and for doing the busi- ness of the district in an orderly manner. Officers having charge of school records are required to furnish proper facilities for the examination or copying of the same. See Act No. 76, P. A. 1903, ({ 3448, C. L. 1915.) Bee School Dlfit. v. Snail, 24 / 353. 30 STATE OF MICHIGAN. Board to purchase, etc. site, and build, etc., schoolhouse. Necessity of title or lease to site before building schoolhouse. Running expenses, taxes voted for. Accounting. Proviso. Assessment, (53) 5675. SEC. 8. The district board shall purchase or lease, in the corporate name of the district, such sites for school-houses as shall have been lawfully designated, and shall build, hire, or purchase such school-houses as may be necessary out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in any case shall build a stone or brick school-house 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 school-house on any site for which they have not a title in fee or a lease for fifty years, without securing the privilege of removing the said school-house when lawfully directed so to do by the qualified voters of the district at any annual or special meeting, when lawfully convened. TITLE IN FEE : A lease to a school district "during the time it is used for school purposes" is a lease in perpetuity at the will of the lessee. Since the lessee is a corporation and words of inheritance are not required, the lease, if a present consideration is paid, operates as a bargain and sale and conveys a base or determinable fee. This is sufficient to satisfy the provi- sions of the school law. Sch. Dist. v. Everett, 52 / 314. LEASES : Schoolhouse on leased land belongs to district and may be removed within reasonable period. Hay ward v. Sch. Dist., 139 / 539. Without due notice of proposed action at an annual meeting, the school board could not change a site and place a schoolhouse on property which had not been leased or conveyed to the board. Calkins v. Rice, 170/234. (54) 5676. SEC. 9. The district board shall have authority to vote such taxes as may be necessary for the regular running expenses of the school, which shall include school furnishings and all appurtenances, the care of school property, teachers' wages, water supply, premium upon indemnity bond for the treasurer of the district, transporta- tion of the pupils, record books and blanks, and all apparatus and material which may be necessary in order that the schools may be properly managed and maintained, and for deficiencies in such funds for the preceding year, if any, and for the services of district officers. All such taxes when col- lected and received shall be accounted for under the title of "general fund;" all primary money shall be accounted for under the title of "primary fund:" Provided, That the tax for the services of district officers herein provided for in dis- tricts having less than fifty children shall not exceed twenty- five dollars, and in districts having between fifty and one hundred children the tax shall not exceed fifty dollars, the amounts to be allowed for such services to be determined by the electors at the annual meeting. When the taxes herein provided for have been estimated and voted by the district board, they shall be reported for assessment and collection the same as other district taxes. When any tax has been estimated and voted by the district board or by the district under the provisions of law, and the money is needed before it can be collected, the district board may borrow on the strength of such a tax a sum not exceeding the total of such tax. GENERAL SCHOOL LAWS. 31 (55) 5677. SEC. 10. The district board, or board of ^ c h h e { board ' education, shall, between the second Monday in July and the report taxes first Monday in August in each year, make out and deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district. (56) 5678. SEC. 11. The district board shall apply School money, and pay over all school moneys belonging to the district in aocfl accordance with the provisions of the law regulating same, and no moneys received from the primary school fund shall be appropriated to any other use than the payment of teach- ers' wages, tuition and transportation of children as pro- vided by law, 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 district shall apply any of the moneys received by it from the primary school interest fund or from any and all other sources for the support and maintenance of any school of a sectarian character, whether the same be under the control of any religious society or made sectarian by the school district board. Proof of qualification. Sch. Dist. v. Cook, 47/112. (57) 5670. SEC. 12. Said board shall present to the district, at each annual meeting, a report in writing, contain- reports, ing an accurate statement of all moneys of the district 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 con- Contents of. tain a statement of all taxes assessed upon the taxable prop- erty of the district during the preceding year, the purposes for which sucl: taxes were assessed, and the amount assessed for each particular pin-pose, and said report shall be entered !y the director in the records of the district. i.")S) r><;so. SKC. 13. The district board shall hire and B^ contract with such duly (qualified teachers as may be required ; teachers, and all contracts shall be in writing and signed by a major- Cqntracts. ity <>t the board in behalf of the district. Said" contracts School shall specify the wages agreed upon and shall require the tie kept! teacher to keep a correct list of the pupils, grading and the age of each, attending the school, and the number of days each i>ii]>il is present, the ? ) 5085. SK<'. IS. All persons residents of any school district, and live years of a;e, shall have an equal right to attend any school therein: and no separate school or department shall be kept for any persons on account of race or color: Provided, That This shall not be construed to pre- vent the grading of schools according to the intellectual prog- ress of the pupil, to be taught in separate places as may be deemed expedient. Who can at- tend school. No separate school on account of race, etc. Grading not prevented. II It is the requirement of the general law that the right to attend the schools shall be possessed equally and impartially by all classes of residents. People v. Detroit Bd. of Ed., 18 / 413. And mandamus will lie at the instance of a father to compel the admission of his child to school. Id. But chil- dren. not bona lido residents of a family in a school district but inmates in an institution of a charitable nature in such district, engaged in supporting and educating homeless and needy minors, and which does not contribute by paying taxes to the maintenance of district schools, are not entitled to attend school in a district which has determined not to admit non resident pupils. Lake Farm v. Dist. Bd. of Dist. No. 2, Kalamazoo Township, 179 / 171. i<4) 5680. 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 school ho use 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 he 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. District boards may admit non- resident pupils. Children who are a county charge to be admitted. Before any action can be maintained for the tuition of non- resident pupils, the district board must first fix and determine the rate of tuition of such pupils, by resolution of the board properly recorded by the director in the records of the district. Thompson v. Sen. Dist., 25 / 483. MODERATOR. '.51 5687. SEC. 20. It shall be the duty of the moder- Duties. a tor of each school district : First, To preside, when present, at all meetings of the dis- TO preside trict and of the board : Second, To countersign all orders legally drawn by the director upon the treasurer for moneys to he disbursed by the district, and all warrants of the director upon the township Countersign orders, etc. 36 STATE OF MICHIGAN. When to bring suit on treas- urer's bond. treasurer for moneys raised for district purposes, or appor- tioned to the district by the township clerk ; Third, To cause an action to be prosecuted in the name of the district on the treasurer's bond, in case of any breach of any condition thereof; Fourth, To perform such other duties as are or shall be by law required of the moderator. SECOND : Countersigning orders. Wall v. Eastman, 1 / 268 ; Sen. Dist. v. Mallary, 22/111. The moderator has the right to satisfy himself that the claim for which the order was drawn is a valid one. Stockwell v. White Lake Twp. Bd., 22 / 341 ; People v. Bender, 36 / 195. But it must be a very plain case of wrong where the moderator can refuse to enable the district to obtain its own funds. People v. Bender, 36 / 197. The director is a proper relator for mandamus to compel the moderator to countersign. Id. Where an order purports upon its face to be issued by a school district, and is signed by the school officers in the ordinary place for signatures, and at the left, in fine print, are the words, "Issued by authority of the officers of said district, and payment guaranteed," and a space left underneath for the signatures of the guarantors. Held, That the purchaser took the order sub- ject to the authority of the school district to issue. That such school officers are not liable as guarantors. Bailey v. Tompkins, 127 / 74. DIRECTOR. (66) 5688. SEC. 21. It shall be the duty of the direc- tor of each school district : First, To act as clerk, when present, at all meetings of the district and of the board; Second, To record the proceedings of all district meetings, and the minutes of all meetings, orders, resolutions and other proceedings of the board in proper record books ; Third, To give the prescribed notice of the annual district meeting, and of all such special meetings as he shall be required to give notice of in accordance with the provisions of law ; Fourth, To draw and sign warrants upon the township treasurer for all moneys raised for district purposes, or apportioned to the district by the township clerk, payable to the treasurer of the district, and orders upon the treasurer for all moneys to be disbursed by the district, and present them to the moderator, to be countersigned by that officer. Each order shall specify the object for which and the fund upon which it is drawn; Fifth, To draw and sign all contracts with teachers, when directed by the district board, and present them to the other members of the board for further signature; Sixth, To provide the necessary appendages for the school- house and keep the same in good condition and repair during the time school shall be taught therein. Necessary append- ages within the meaning of the law shall consist of the follow- ing articles, to-wit : A set of wall maps, the grand divisions, the United States and Michigan, not exceeding twelve dollars in price, a globe not exceeding eight dollars, a dictionary not exceeding ten dollars, a reading chart not exceeding five dol- lars, and a case for library books not exceeding ten dollars; also a looking-glass, comb, towel, water pail, cup, ash pail, poker, stove shovel, broom, dust pan, duster, wash basin and Director, duties. To record proceedings. Notice of meetings. Warrants and orders. Teachers' contracts. Appendages. What constitutes. GENERAL SCHOOL LAWS. 37 Other apparatus. To keep accounts. Estimate of expenses. To preserve reports. oap, and upon the order of the district board shall furnish he schoolhouse with such other apparatus as may be neces- ary for doing efficient work ; Seventh, To keep an accurate account of all expenses ncurred by him as director, and such accounts shall be udited by the moderator and treasurer, and on their written rder shall be paid out of any money provided for the purpose ; Eighth, To present at each annual meeting an estimate of he expenses necessary to be incurred during the ensuing ear by the director as provided by law, and for the payment f the services of any district officer ; Ninth, To preserve and file copies of all reports made to the ;chool inspectors and safely preserve and keep all books, >apers and other documents belonging to the office of director >r to the district, when not otherwise provided for, and :o deliver the same to his successor in office; Tenth, To perform such other duties as are or shall be other duties Acquired of the director by law or the district board. SECOND : Proceedings which are required to be recorded cannot be proved jy parol. Thompson v. Sch. Dist., 25 / 488. FOURTH : The warrant for payment by the treasurer to the assessor of aioneys belonging to the district is an official order for the transfer of funds, lot negotiable and not legally payable to any person but the officer named. Fox v. Shipman, 19 / 218 ; Burns v. Bender, 36 / 195. See Sch. Dist. v. Mal- lary, 23/111; Sch. Dist. v. Sch. Dist., 40/551. The duty of procuring this transfer of district moneys, within some reasonable time is not discretionary, but absolute, upon the director, ami the moderator is bound to countersign all orders of the director for that purpose. Burns v. Bender, 36 / 197. The township treasurer must pay so much of the money in his hands as is cov- ered by the director's warrant in proper form, even though it does not specify a precise sum, but is for all such money in his hands as was raised for the purposes of the district. Bryant v. Moore, 50 / 225. The disbursement of all school moneys must be made upon orders drawn on the assessor by the . director, countersigned by the moderator. Burns v. Bender, 36 / 195 ; Mid- land Sch. Dist. v. Sch. Dist., 40 / 551 ; Sch. Dist. v. Mallary, 23 / 111. SIXTH: See section 46, subd. 7. See, also Sch. Dist. v. Snell, 24/350; Cent. Sch. Supply House v. Sch. Dist., 99 / 402. Removal of director from office for persistent refusal and neglect to put the furniture, etc., of the school house in order and repair. Twp. Board of Hamtramck v. Holihan, 46 / 127. I : Assumpsit will lie in favor of the director of a school dis- trict on a disputed claim, the moderator and assessor having declined to pass upon the same as an entirety under this subdivision. Van Wert v. Sch. Dist , 100 / EIGHTH : Prior to 1859, no provisions of law existed for paying any of the officers for services rendered. Hinman v. Sch. Dist., 4 / 168. (67) 5689. SEC. 22. It shall be the duty of all school boards and boards of education in this state to make an annual school census in their respective districts or cities as is provided in this section : First, In all school districts, except in incorporated cities having a population of three thousand or over, within fifteen days next previous to the first day in June of each year, the director, or such other reputable and capable person or per- sons as the district board may appoint, shall take the school census of the district and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside therein, the names of said parents or guardians, giving street and residence number in villages and cities, in such School census, annual. How and when taken. 88 STATE OF MICHIGAN. Where made. Compen- sation. Certain cities, how census taken. form as the superintendent- of public instruction may pre- scribe, and said list shall be verified by the oath or affirma- Affldavit. tion of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of all the children between the ages aforesaid residing in the district. Said affidavit may be made before the township clerk or other officer authorized by law to take acknowledgments; and said verified census list shall be returned with the annual report of the director to the township clerk before the first Monday in August thereafter. The director, or other person employed by the board of education, may receive as compensation for taking said census, such sum as the school board may direct, not exceeding one hundred dollars; Second, In all incorporated cities or special legislative dis- tricts having a population of three thousand or over, within twenty days next previous to the first day in June of each year, the secretary of the board of education, or other rep- utable and capable person or persons employed by the board of education, shall take the school census of said city as follows : (a) The census shall be taken and reported by wards; (b) Each enumerator shall make a list in writing of the names and ages of all children who are five years of age and under twenty years of age, whose parents or legal guardians reside in the ward or portion of the ward allotted to said enumerator, together with the names of said parents or legal guardians, giving the street and residence number in each case, said list to be in such form as the superintendent of public instruction may prescribe, and it shall be verified by the oath or affirmation of the person making the same, by affidavit appended thereto or indorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire ward or portion thereof can- vassed by said enumerator and that it is a correct list of the parents or legal guardians, their street and residence num- ber, the names and ages of all the children of the ages afore- said residing in the ward or part thereof as allotted to him ; Third, In taking the census in any school district or city the director or enumerators shall not include in the census the names of any child or children in reformatories or prisons; nor the names of any child or children in asylums, almshouses, or other charitable institutions except as fol- lows: (a) Children in such institutions who regularly attend the public schools; (b) Orphans whose parents at the time of death resided in such school district or city. Children of either class shall be .included in the district or ward where such institution is Children not included. GENERAL SCHOOL LAWS. 39 I rated, except children in class (a) where the parents or ( ther of them, reside in the city or district, and in such cases i le legal residence of the child is that of the parent. Indian ( lildren shall not be included in any census, unless they ; ttend the public schools, or their parents are liable to pay i ixes in the district or city. Domestics, bell boys, and other 'i \ ants, it entitled to be included in the census, must be i 3corder at the residence of their parents or legal guardians. Fourth, In cities having a population of three thousand or compiling ver. the secretary of the board of education and the several etc. numerators shall, immediately after the first day in June of ich year, compare, correct and compile the entire census. 'he said secretary of the board of education shall then attach Affldavit> ; hereto his affidavit that the several enumerators were duly mployed by the board of education and that said census has een properly compared, corrected and compiled; and forth- when /ith, and before the second Monday in July thereafter, trans- transmitted. ait to the superintendent of public instruction the entire cen- us. together with his affidavit and the affidavits of the sev- ral enumerators, and at the same time he shall transmit to aid superintendent of public instruction the annual statis- ical and financial report of said city or district. It was an improper exercise of the discretion of the superintendent of public attraction t<> reject from the list of names 91 school children, whose parents >r guardians, as shown in the report of the secretary of the public schools, sided in th- district, and it was unlawful to reject the names of five children vho were orphans- attending school in the city and living with relatives that ;tood in loco parentis. Muskegon Public Schools v. Wright, 176 / 6. (68) 5690. SEC. 22a. Any person who shall refuse to Penalty for 4;ive any census enumerator of school children the necessary Information information for the compiling of a correct census or who >hall intentionally give to such enumerator any false informa- tion as to the names or ages of school children or as to the names or residence of the parents or guardians of any school children, or any school census enumerator who shall per- form his duties carelessly or negligently or shall include in the list of names of school children any children who are not actually residents of the city or district, shall be guilty of a misdemeanor, and upon conviction thereof in a court of com- petent jurisdiction, shall be liable to a fine of not less than five dollars nor more than fifty dollars, or to imprisonment in the comity jail for not more than twenty days, or both such fine and imprisonment in the discretion of the court. (f said funds than the amount of the bond as hereinafter >rovided, and in no event to exceed one hundred thousand lollars, and such bank or banks shall give good and sufficient >ond to be approved by the district board conditioned for the eceipt, safe-keeping and payment of all money which may x>me into its custody, in the amount designated as the pen- ilty in the bond furnished by the district treasurer to the district. It shall be the duty of the treasurer of said district to see that a sum in excess of the amount of the bond is not deposited in such bank or banks, and said treasurer and his bondsmen shall be liable for only such loss occasioned by deposits in excess of the amount of such bond. The district board of each district shall determine by resolution the time for which such deposits shall be made, and all details for carrying into effect the authority herein given, but all such proceedings in connection with the deposit of such moneys shall be conducted in such a manner as to insure full pub- licity and shall be open at all times to public inspection : Pro- vided, That the electors at the annual meeting may designate a depository or depositories in which the funds of the dis- trict shall be deposited : Provided, however, That upon fail- ure of the electors at such annual meeting to designate such depository or depositories, the district board by a majority vote of the members thereof, may designate a depository or depositories in which the funds of the district shall be depos- ited. Upon designation of any depository or depositories in compliance with the provisions of this section, it shall be the duty of the treasurer to deposit all funds of the district therein, and in such proportion and manner as may be prc- vidcd by said district board. Every such depository so named shall give such bond as the district board may require and approve for the safe-keeping and accounting of such funds, in which case the treasurer shall not be held liable for any neglect or default by any such depository or depositories ; Second, To pay all orders of the director, when lawfully drawn and countersigned by the moderator, out of any Proviso, \vh<>n depository designated. Orderi. 42 STATE OF MICHIGAN. Record kept. Annual report. Suits. moneys in his hands belonging to the fund upon which such orders may be drawn; Third, To keep a book in which all moneys received and disbursed shall be entered, the sources from which the same have been received, and the persons to whom and the objects for which the same have been paid: Fourth, To present the district board at the close of the school year a report in writing, containing a statement of all moneys received during the preceding year and each item of disbursements made, and exhibit the voucher therefor ; Fifth, To appear for and on behalf of the district in all suits brought by or against the same when no other direc- tions shall be given by the qualified voters in the district meetings, except in suits in which he is interested adversely to the district, and in all such cases the moderator shall appear for such district if no other directions be given as aforesaid ; Sixth, At the close of his term of office to settle with the district board and deliver to his successor in office all books, vouchers, orders, documents and papers belonging to the office of treasurer, together with all district moneys remaining on hand; Seventh, To perform such other duties as are or shall be by law required of the treasurer. Settlement, etc. FIRST : An assessor cannot lawfully withhold the district funds in his hand when demanded by his successor, upon a claim that he is entitled to be personally notified of such election and acceptance of office. He is charge- able with notice of such facts and is liable to an action for money had and received as well as action on his bond. Mason v. Sch. Dist., 34 / 228. See Welch v. Frost, 1 / 30 ; also Bryant v. Moore, 50 / 225. SECOND : See section 65, subd. 2, and section 66, subd. 4, and notes. The assessor is the disbursing officer of the district. Sch. Dist. v. Mallary, 23 / 111. He is the lawful treasurer and depositary of school district funds and all moneys must pass through his hands and be paid out by him on proper orders. Sch. Dist. v. Sch. Dist., 40/551. Moneys in the hands of. the township treasurer belonging to a school district cannot be applied to any district purpose, except through the hands of the assessor. Burns v. Bender, 36 / 198. An assessor cannot pay out any money lawfully without a warrant. Id. Interest is not payable on school district orders if no authority has been given to impose it. Turnbull v. Sch. Dist., 45 / 496. But interest may be allowed from demand when mandamus is granted for pay- ment, when its claim is such a settled demand as would sustain a recovery of interest at law. Martin v. Tripp, 51 / 184. Mandamus lies to compel a district to pay or provide for the payment of its orders. Turnbull v. Sch. Dist., 45 / 496. And to compel an assessor to pay a school order, where the court is satisfied that there is no valid defense. Martin v. Tripp, 51 / 184. A showing of a want of funds is a complete answer to an application for mandamus to require an assessor to pay a warrant drawn on him. Allen v. Frink, 32 / 96. FIFTH : The management and control of suits is specially confided to the assessor, when no other direction is given in district meeting ; the moderator and director, though constituting a majority of the district board, have no authority to take the defense of a suit from the assessor. And the voters, as such, cannot interfere. Sch. Dist. v. Wing, 30/351. See Benalleck v. People, 31 / 204. An appeal taken in the name of the district without the authority of the assessor, if he is competent to act, is void. Id. Whether he is a proper relator for mandamus to compel the moderator to sign the director's warrants, see Burns v. Bender, 36 / 197. SIXTH Deposits in a bank : Where money belonging to a board of educa- tion or a school district is deposited in a bank with the knowledge of the board and the district receives interest thereon, the district does not become a pre- ferred creditor upon failure of bank. Bd. of Ed. City of Detroit v. Union r ! ABILITIES ON BOND: Misconduct of a board of education In appoint- ing a certain person treasurer in consideration of a promise to pay interest GENERAL SCHOOL LAWS. 43 i funds does not render appointment void nor release sureties. The depos- ing of funds in a bank of which the treasurer is an officer does not make the posit the board's act so as to release sureties on the treasurer's bond. Board ucation of Detroit v. Andrews, 142 / 484. CHAPTER IV. i ii 2 TOWNSHIP CLERK. 2) 5(>94. SEC. 7. The township clerk shall receive he annual reports of the school directors of his township, ml on the first Monday of August in each year lie shall make riplicate reports setting forth the whole number of school listricts in his township, if any. the amount of money raised ml received for school libraries and such other items as hall from year to year be required by the superintendent of ublic instruction, together with the several particulars set orih in the reports of the several school directors for the >receding year, and within ten days thereafter he shall for- vard two copies of the same, together with two copies of ach of the reports from school directors to the county com- missioner of schools and file the other copy or copies of these (ports in his oth'ce. and he shall receive all communications, lanks and documents transmitted to him by the superin- tendent of public instruction and dispose of the same in the manner directed by said superintendent: Provided, That in ase the township is organized into a township district or a fractional township district the board of education of such lownship district or fractional township district shall meet on the first Monday in August and make the triplicate reports to Ihe superintendent of public instruction, and in such cases this report shall take the place of the report above pro- vided for to be made by the township clerk, and the said board shall dispose of its reports in the same manner as is provided for the township clerk: Provided further, That the county commissioner of schools shall annually send to each township clerk and to the secretary of each board of educa- tion a complete list of the legally qualified teachers of the county, and at the time the township clerk shall make the triplicate reports herein provided for he shall compare the list of teachers employed in the township with said complete list of teachers, and if in any school district or in the town- ship district a school shall not have been taught for the time required by law during the preceding year by a .legally qualified teacher, no part of the primary school interest fund shall be distributed to such district or' to such proportional part of the township, although the report from such district or township shall set forth that a school or schools have been so taught, and it shall be the duty of the township clerk or the board of education, when said board shall make the ports as hereinbefore provided, to certify all these facts to the employment of teachers to the superintendent of public instruction. Sections l-. inclusive, .-ind section 8 were repealed by Act 29 of 1909. Triplicate reports, when township clerk to make, etc. Copies, where filed. Proviso, in case of township district. Further proviso, legally qualified teachers. Primary money, when forfeited. 44 STATE OF MICHIGAN. Map show- ing school districts. Copies, where filed. Alterations. Clerk to certify pro- posed school taxes. In case of division of district. Apportion- ment of school moneys. To apportion school taxes. Statement to treasurer. (73) 5695. SEC. 9. Each township clerk shall make or cause to be made a map of his township, showing by distinct lines thereon the boundaries of each school district and parts of school districts therein, if such school districts exist, and shall regularly number the same thereon as established by proper authority. One copy of such map shall be filed by said clerk in his office and one other copy he shall file with the supervisor of the township. If any division or alteration is at any time made in the boundaries of any district or of any township district, the township clerk shall within one month thereafter file a new map and copy thereof as afore- said showing such changes. That certain lands are within a particular school district may be shown by parol, without producing maps, plats .or documents. Brooks v. Fairchild, 36 / 234. (74) 5696. SEC. 10. It shall be the duty of the town- ship clerk of each township, on or before the first day of October in each year, to make and deliver to the supervisor of his township a certified copy of all statements on file in his office of moneys proposed to be raised by taxation in each of . the several school districts of the township, if any, for school purposes, or to be raised by any township district, whole or fractional, for such purposes. In case such condi- tion shall arise, he shall certify to the supervisor the amount to be assessed upon the taxable property of any school dis- trict retaining the district schoolhouse or other property on the division of the district as the same shall have been deter- mined by proper authority, and he shall also certify the same to the director or secretary of such district and to the director or secretary of the district entitled thereto. (75) 5697. 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, or to the whole or fractional township district entitled to the same, in accord- ance with 1he statement from the superintendent of public instruction sent to such township clerk and based upon the annual report of the school directors or the secretary of the board of education for the preceding school year, and he shall file said statement from the superintendent of public instruc- tion permanently in the records of his office. (76) 5698.' SEC. 12. Said clerk shall also apportion to the school districts in his township, as required by law, on receiving notice of the amount from the township treasurer, all moneys raised by township tax, or received from other sources, for the support of schools; and in all cases make out and deliver to. the township treasurer a written state- GENERAL SCHOOL LAWS. 45 ment of the number of children in each district drawing money, and the amount apportioned to each district, and record the apportionment in his office; and whenever an TO notify apportionment of the primary school interest fund, or moneys amoimt 8 a C raised by tax, or received from other sources, is made, he portioned shall give notice of the amount to be received by each dis- trict to the director thereof. TOWNSHIP SUPERVISOR AND TREASURER. (77) 5699. SEC. 13. It shall be the duty of the super- Assessment visor of the township to assess the taxes voted by every school district in his township, and also all other taxes provided tnxes - for in this act, chargeable against such district or town- ship, upon the taxable property of the district or township respectively, and to place the same on the township assess- ment roll in the column for school taxes, and the, same shall be collected and returned by the township treasurer in the same manner and for the same compensation as township taxes. If any taxes provided for by law for school purposes Taxes not shall fail to be assessed at the proper time, the same shall be assessed at proper time. assessed in the succeeding year. FAILURE TO ASSESS : The provision in the last clause of this section applies to a case where school taxes are not certified by the board to the township clerk in time for certification to the supervisor for assessment. Wilcox v. Eagle Twp., 81 / 271. See Union Sch. Dist. v. Parris, 97/596. (78) 5700. SEC. 14. The supervisor shall also assess upon the taxable property of his township, one mill upon each dollar of the valuation thereof in each year, and report the aggregate valuation of each district to the township clerk, who shall report said amount to the director of each school district in his township, or to the director of any fractional school district a portion of which may be located in said township before the first day of September of each year : Provided, That before the supervisor shall assess said lie shall examine the reports of the several school dis- tricts in his township for the preceding year and if said reports show, exclusive of funds raised for building purposes, a balance on hand in any district of a sum equal to or in excess of the amount paid for teachers' wages in said district during the preceding year, then said supervisor shall not assess the one-mill tax upon the property of such district for the ensuing year. All moneys raised by one-mill tax shall be a] (portioned by the township clerk to the district in which it was raised, and all moneys collected by virtue of this act during the year, on any property not included in any organ- ized district, or in districts which have not maintained school for the required period during the previous year, shall be apportioned to the several other school districts of said township that did maintain school, in the same manner as the primary school interest fund is now apportioned. All where no moneys accruing from the one-mill tax upon the property of f SSed t8 are Assessment of one-mill tax. Proviso, when assess- ment not to be made. Moneys ap- portioned town clerk. 46 STATE OF MICHIGAN. When district is divided, certain taxes to be assessed. Proviso. How such taxes to be applied. any district in any township before said district shall have a legal school therein, shall belong to the district in which it was raised when such district shall have maintained school for the required period by a qualified teacher. See Saginaw T\\i>. v. Saginaw, 9 / 541. Twp. of Deerfield v. Harper, 115 / 678. (79) 5701. SEC-. 15. The amount to be assessed upon the taxable property of any school district retaining the schoolhouse or oilier property, on the division of a district, as the same shall have been determined by the inspectors, shall be assessed by the supervisor in the same manner as if the same had been authorized by a vote of such district ; and the money so assessed shall be placed to the credit of the taxable property taken from the former district, and shall be in reduction of any tax imposed in the new district on said taxable property for school district purposes: Pro- vided, 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 treasurer 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. NEW DISTRICT : The money when collected, must be paid to the assessor of the new district ; and if wrongfully paid to the old one, the new district may maintain an action for money had and received, against the old dis- trict. Sen. Dist. v. Sch. Dist., 40 / 551. (80) 5702. 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 town- ship clerk of each township in which such district is in part situated, and by such township clerks to the supervisors of their respective townships, and it shall be the duty of each of said supervisors to certify to each other supervisor inter- ested, the amount of taxable property in that part of the dis- trict lying in his township: Provided, That when there exists a manifest difference in the valuation of property assessed in fractional districts, composed of territory in adjoining townships or counties, such valuation shall be equalized for this specific purpose by the supervisors of the townships interested at a joint meeting held for that purpose, on application of either of the supervisors of said townships. And such supervisors shall respectively ascertain the propor- tion of such taxes, including mill tax, to be placed on their respective assessment rolls, according to the amount of tax- able property in each part of such district. And if said super- Taxes in fractional districts. Proviso. In csises of disagreement of sui-er- visoni. Statement to township treasurer. Statement to township treasurer of one-mill tax levied in fractional district. visors cannot agree as to the proportion of such taxes to be placed on their respective assessment rolls, a supervisor from an adjoining township shall In- called to meet with said super- visors in said fractional district and assist in equalizing said valuation. Said supervisor to he paid at the rate of three dollars per diem I'm- the time necessarily employed in attend- ance at such meeting of the supervisors, and all necessary traveling expenses, hy the townships in interest. (81) r>70.'i. Si:r. 17. The supervisor, on delivery of the warrant for the collection of taxes to the township treasurer, shall also deliver to said treasurer a written statement of the amount of school and library taxes, the amount raised for district purposes on the taxable property of each district in the township, the amount belonging to any new district on the division of the former district, and the names of all per- sons having judgments assessed under the provisions of this act upon the taxable property of any district, with the amount payable to such person on account thereof. (82) 5704. SEC. 18. The supervisor of each township, on the delivery of the warrant for the 'collection of taxes to the township treasurer, shall also deliver to said treasurer a written statement, certified by him, of the amount of the one- mill tax levied upon any property lying within the bounds of a fractional school district, a part of which is situate within his township, and the returns of which are made to the clerk of some other township; and the said township treasurer shall pay to the township treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional school district. (83) 5705. SEC. 19. Whenever any portion of a school district shall be set off and annexed to any other district, or orga nixed into a new one, after a tax for district purposes other than the payment of any debts of the district shall have been levied upon the taxable property thereof, but not collected, such tax shall be collected in the same manner as if no part of such district had been set off, and the said former district, and the district to which the portion so set on" may be annexed or the new district organized from such poit ion. shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property on which such tax is levied. See section 38 and notes. (84) 5706. SK< . L'O. The township treasurer shall retain school taxes, in his hands, out of the moneys collected by him, after deduct- whenpaid - ing the amount of tax for township expenses, the full amount of the school taxes on the assessment roll, and hold the same subject to the warrant of the proper district officers, to the order of the school inspectors, or of the persons entitled thereto, and give a written notice to the township clerk of the amount. Collection and appor- tionment of taxes on division of district. STATE OF MICHIGAN. SCHOOL TAXES : The township treasurer has no right to receive for school moneys anything which the law has not authorized to be received. If he does so and receipts Tor the taxes, he must make good the amount. Jones v. Wright, 34 / 372 ; Sch. Dist. v. Sch. Dist., 40 / 554. See Elliott v. Miller, 8 / 182 and notes to section 2133, C. L., 1915. The liability of a township treasurer for school moneys is distinct from his ordinary liability for township moneys, and it cannot be released or in any way affected by the action of the township board. Jones v. Wright, 34 / 372. As to the custody, etc., of school district moneys, see notes to section 66, subd. 4, and section 71, subd. 1, 2. Liability of township to Sch. Dist., section 4089, C. L. 1915, provides that all losses that may be sustained by the default of any township officer in the discharge of any duty imposed by the act shall be chargeable to the town- ship. The act charges the township treasurer with the duty of collecting and paying over all school district taxes. Held, that a township is liable to a school district for school moneys lost through the defalcation of the Township treasurer to apply to county treasurer for moneys. Moneys of fractional school districts. Duplicate receipts. township treasurer. Smith v. Jones, 136 / 532. Designating depository for township funds, see Act 305, P. A. 1909, ( 2134, C. L. 1915). (85) 5707. SEC. 21. The township treasurer shall, from time to time, apply to the county treasurer for all school and library moneys belonging to his township, or the dis- tricts thereof; and on receipt of the moneys to be appor- tioned to the districts, he shall notify the township clerk of the amount to be apportioned. (86) 5708. SEC. 22. Each treasurer of a township to the clerk of which the returns of any fractional school dis- trict shall be made, shall apply to the treasurer of any other township in which any part of such fractional school district may be situated, for any money to which such district may be entitled; and the treasurer paying over the same shall take a receipt therefor in duplicate, one copy of which he shall file in his office, and the other copy he shall send by mail, or deliver personally, to the clerk of the township to the treasurer of which he had paid any moneys on account of a fractional school district, which shall be specified in the receipt; on receiving the duplicate receipt, the clerk shall charge the sum named therein to the township treasurer, and apportion the same as are other taxes for school pur- poses. County clerk to receive and dispose of communica- tions, etc. County clerk to examine reports, etc. Notice of apportion- ment of moneys. CHAPTER V. COUNTY CLERK AND TREASURER. (87) 5709. SECTION 1. It shall be the duty of each county clerk to receive all such communications, blanks, and documents as may be directed to him by the superintendent of public instruction, and dispose of the same in the manner directed by said superintendent. (88) 5710. SEC. 2. The clerk of each county shall, on receiving from the secretary of the county board of school examiners the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice from the superintendent of public instruction .of the amount of moneys apportioned to the several townships in his county he shall file the same in his office, and forthwith deliver a copy thereof to the county treasurer. GENERAL SCHOOL LAWS. (89) 5711. SEC. 3. The several county treasurers shall i, >ply for and receive such moneys as shall have been appor- t oned to their respective counties, when the same shall I jcome due ; and each of said treasurers shall immediately j: ve notice to the treasurer and clerk of each township in his >unty, of the amount of school moneys apportioned to his t iwnship, and shall hold the same subject to the order of the 1 iwnship treasurer. CHAPTER VI. BONDED INDEBTEDNESS OP DISTRICTS. i) 5712. SECTION 1. Any school district may, by a i lajority vote of the qualified voters of said district present at ; n annual meeting or at a special meeting called for that I urpose, borrow money, and may issue bonds of the district herefor, to pay for a schoolhouse site or sites, or to pay for ; n addition or additions of territory to a schoolhouse site or f ites, and to erect and furnish school buildings. The district oard, or board of education, shall estimate the amount of aoney necessary to be raised and shall state their estimate n the notices of the annual or special meeting, at which the uestion of borrowing money and issuing bonds shall be sub- mitted to the people; and at said meeting the voters shall lave power to ratify by vote aforesaid the estimate of the listrict board, or board of education, or to fix a new limit on he amount to be borrowed and for which bonds may be ssued : Provided, That no school district shall issue bonds or an amount greater than ten per cent of the total assessed /aluation of said district nor shall the bonded indebtedness )f a district extend beyond the period of fifteen years for noney borrowed : Provided further, That in all proceedings ander this section, the district board and one person selected }y the qualified voters present at said meeting shall consti- tute a board of inspectors, who shall cause a poll list to be iept and a suitable ballot box to be used, and the polls shall DC kept open at least two hours. The votes shall be by ballot, either printed or written, or partly printed and partly writ- ten, and the canvass of the same shall be conducted in the same manner as at township elections, or as far as the laws governing the same are applicable, and when said laws are not applicable the board of inspectors shall prescribe the manner in which the canvass shall be conducted. Am. 1919, Act 43. BONDS : A vote to issue school district bonds in settlement of a demand, '. in excess of the limit fixed by law, may be sustained up to the legal limit. Stockdale v. Sch. Dist., 47 / 226. The purchaser of a school district bond has a right to rely upon all facts asserted or appearing upon the face of the bonds, made by any person or body authorized by law to pass upon and _ determine the facts. Gibbs v. Sch. Dist., 88/336. Detaching a portion County treas- urer to apply for moneys apportioned. To notify township clerks of amounts. Authority to bond for buildings. Estimates. Power of electors. Proviso, limit of bond issue. Further proviso, board of inspectors. Conduct of election. .. ___. _ _, . _ . of a district and organising it into or with another township. People v. Rjan. 19/203. The act of toe legislature In detaching a part of the terrl- 50 STATE OF MICHIGAN. tory of a township and erecting therefrom a new township, of another name does not have the effect of putting an end to the school district organizations in the detached territory, and the holder of bonds issued thereafter by a district in such territory may recover thereon notwithstanding a subsequent reorganization of the district. Wayne Co. Svgs. Bank v. School District, 152 / 440. The provisions of the general school law govern the school district of Traverse City, organized under special act, when not inconsistent with the provisions of the special act, and the limit of bonded indebtedness fixed in this section is applicable to said city. Bd. of Ed. of Traverse City v. Straub, 182 / 665. By general statute as amended, the power is conferred on the qualified voters to borrow money and issue bonds, but no constitutional prohibition affects the power of the legislature to vest in the board of education the powers exercised by the electors under such statute. Bd. of Ed. of City of Muskegon v. Smith, 183/429. Issuing bonds for money borrowed. Interest thereon. Voters may raise tax to redeem bonds. District may borrow money to pay bonds, and issue further bonds. Proviso. (91) 5713. SEC. 2. Whenever any school district shall have voted to borrow any sum of money, the district board of such district is hereby authorized to issue the bonds of such district, in such form, and executed in such manner by the moderator and director of such district, and in such sums, not less than fifty dollars, as such district board shall direct, and with such rate of interest, not exceeding eight per centum per annum, and payable at such time or times as the said district shall have directed. The statute limits the authority of the board, in issuing bonds, to such as are authorized by the district ; and, before the board can act, it has a func- tion to perform in its nature somewhat judicial. It must pass upon the question whether the proceedings in voting the bonds are such as will authorize the board to issue them. A purchaser of the bonds, therefore, need look no further back than the face of the bonds for the facts which show a com- pliance with the law. Gibbs v. Sch. Dist., 88 / 337. (92) 5714. SEC. 3. Whenever any money shall have been borrowed by any school district, the taxable inhabitants of such district are hereby authorized, at any regular meet- ing of such district, to impose a tax on the taxable property in such district, for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other school district taxes are col- lected. (93) 5715. SEC. 4. Any school district, whenever it shall appear that the same can be done on terms advantageous to said district, may borrow money to pay any bonded indebt- edness of said district then existing, and issue further bonds of said district therefor: Provided, That a majority of the qualified voters of said district shall so determine, at an annual or special meeting called for that purpose; and that the notice of such meeting, whether annual or special, shall state the intention to take such vote. GENERAL SCHOOL LAWS. 51 'A1MTA TAX AUTHORIZED UORTAIX SCHOOL DISTRICTS. Ai Act to prescribe the puwrr i>l< of tin- tftutc of Michigan enact: ) SECTION 1. The district board or board of educa- ti >n of any school district in the state of Michigan, whose p pulation shall not be less than lifteen thousand and not n ire than one hundred thousand, wherein taxes authorized t< be raised for school purposes are based upon a rate per c; pita for each child of school age as shown by the last pre- ct ding school census of the district, is hereby authorized to ii ipose a tax on the taxable property of the district for the p irpose of paying the ordinary expenses of conducting its s< hools and of paying all or any part of the principal and the ii terest on the bonded indebtedness of the district, to be h vied and collected in the same manner as provided by law f r school district taxes, in an amount not exceeding the r; te per capita for each child of school age as shown by the Ii st preceding school census of the district, as fixed by the t; xable inhabitants of such school district at any regular or special meeting of such district. The fixed rate per capita shall continue until changed and a new rate fixed at a regu- 1; r meeting of the district by an aHirmative vote of a major- ity of the taxable inhabitants of the district voting thereon. Section '2 repeals all acts or parts of ads. whether local or general. In any- Qflicting \\ith the provisions of this act. VII. Sins AM .iriM.MKATS AtlAINST DISTRICTS. i!C>> 1 41(17. SK< . '2. Justices of the peace shall have jurisdiction in all cases of assumpsit. trespass on the case and replevin against school districts, when the amount claimed, or matter in controversy shall not exceed one hundred dol- lirs: and the parties shall have the same right of appeal as i i other eaee& This is section L'. chapter 66, of th- julicatur<- act of Uir. -fTWtiv.' Jan. 1, i .];. whi.-h rep ;_! ami IT r 15*15, pp . As to corporate powt-rs Liability for debts :ift>r change! ma-l.- in districts. St-.- sections 37-38 and notes. Action of MO district against nm.tlnT for IIK.IH-V had and received. Sch. Dist. v. Sen. I Hat., 40 T.r.l Andn-as v. Scbool District, 138/54. Tax for school purposes. Amount. Rate continued. Justices to have juris- diction in certain cases. 52 STATE OF MICHIGAN. Service of process. (96) 12438. SEC. 35. In suits or proceedings against municipal and public corporations * * * service of process may be made as follows: School district. Treasurer to certify . judgment. When treas- urer fails to certify. Fractional school district. Supervisor to assess judgment. How collected 6. Against school districts, upon the president of the board of education, director, moderator or treasurer of such dis- trict. This is section 35, chapter 13, of the judicature act of 1915. of 1915, pp. 84, 480, repealing 4722, C. L. 1897. See Act 314 (97) 12973. SEC. 8. No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon, but the same shall be collected in the man- ner prescribed in this chapter. Sections 8-12 are taken from the judicature act of 1915, chapter 24. Act 314 of 1915, p. 187, superseding 4723, C. L. 1897. See (98) 12974. SEC. 9. Whenever any final judgment shall be obtained against the school district, if the same shall not be removed to any other court, the treasurer of the district shall certify to the supervisor of the township and to the director of the district the date and amount of such judg- ment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the treasurer shall certify the same as aforesaid, imme- diately after the final determination thereof against the district. See Act 314, of 1915, p. 187, superseding 4724, C. L. 1897. (99) 12975. SEC. 10. If the treasurer shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, administrators, or assigns, to file with the supervisor the cer- tificate of the justice or clerk of the court rendering the judg- ment, showing the facts which should have been certified by the treasurer. See Act 314, of 1915, p. 187, superseding 4725, C. L. 1897. (100) 12976. SEC. 11. If the district against which any such judgment shall be rendered is situated in part in two or more townships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated. See Act 314, of 1915, p. 187, superseding 4726, C. L. 1897. (101) 12977. SEC. 12. The supervisor or supervisors receiving either of the certificates of a judgment as afore- said shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable prop- erty of the district, placing the same on the next township assessment roll in the column for school taxes ; and the same _ GENERAL SCHOOL LAWS. 53 proceedings shall be had, and the same shall be collected and returned in the same manner as other district taxes. ee Act 314, of 1915, p. 187, superseding 4727, C. L. 1897. See Act 314 CHAPTER VIII. SITES FOR SCHOOLHOUSES. (102) 5716. SECTION 1. The qualified voters of any school district, when lawfully assembled may designate by a vote of two-thirds of those present, such number of sites as may be desired for schoolhouses and may change the same by similar vote at any annual or special meeting, or by the same vote may enlarge any existing site. Whenever the question of designating a school site or of changing a school site is to be brought before the school meeting, the notice of said meeting shall state the intention to vote upon such question. When no site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which the district is situated, upon notification by the district board that the district is unable to fix a site, shall determine where such site shall be, and their determination shall be certified to the director of the district and shall be final, subject to altera- tion afterwards by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two- thirds of the qualified voters agreeing upon a site at a district meeting lawfully called. NO SITE ESTABLISHED: It is only when the inhabitants cannot agree in establishing any site at all, that the inspectors are allowed to fix one. Andress v. Inspectors, 19 / 332. TOWNSHIP BOARD : Powers and duties formerly given to school inspec- tors now vest in township board. NOTICE : The amendment of 1905 requires that notice of intention to vote on a change of site must be given before the question may be passed on at an annual meeting. Calkins v. Rice, 170/234. Insufficient notice. Id. (103) 5717. SEC. 2. Whenever a site for a schoolhouse shall be designated, determined, established or enlarged in any manner provided by law, in any school district, and whenever a site for a schoolhouse shall be designated, deter- mined, established or enlarged by resolution of any board of education of any city and such board of education or such school district shall be unable to agree with the owner or owners of such site upon the compensation to be paid there- for, or for the land to enlarge the same, or in case such board of education or such district shall, by reason of any imper- fection in the title to said site, or land to be added thereto, arising either from break in the chain of title, tax sale, mort- gages, levies, or any other cause, be unable to procure a per- fect, unincumbered title in fee simple to said site, or land for the enlargement thereof, the board of education or the dis- trict board of such district shall authorize one or more of its members to apply to the circuit judge, if there be one in Sites for school' houses, how designated, etc. Notice of meeting. When in- spectors may fix site. When com- pensation for site determined by Jury. 54 STATE OF MICHIGAN. the county, or to a circuit court 'commissioner of the county, or to any justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof and the necessity for using the same, which application shall be in writing, and shall describe the real estate required by such board of education or by such district as accurately as is required in a conveyance of real estate: Provided, That whenever any school district shall have designated, selected or established in any manner pro- vided by law and whenever the board of education of any city shall have designated, selected or established by resolu- tion a schoolhouse site or land for the enlargement thereof such selection, designation or establishment shall be prima facie evidence to said jury of the necessity to use the site so established. Proviso. When jury to be sum- moned. Owner to be notified. Notice in case owner is unknown. CONDEMNATION : The jurisdiction to condemn lands for a schoplhonse site is invoked by presenting to the proper officer a petition designating the site and showing disagreement with the owner as to compensation for it. Smith v. Seh. Dist., 40 / 145. Proceedings to condemn land for a school- house site will bp quashed it' there is no lawful designation thereof shown by the records. Heck v. Sch. Dist., 49/551. For the constitutional ques- tions involved in the taking of private property for public use, see Const., Art. XIII. (104) 5718. SEC. 3. It shall be the duty of such cir- cuit judge, circuit court commissioner, or justice of the peace, upon such application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, commanding him to summon eighteen free- holders residing in the vicinity of such site, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such sum- mons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, and the necessity for using the same, and to notify the owner or occupant of such real estate, if he can be found in the county, of the time when and the place where such jury i* summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten clays before the time specified in such summons or venire for the jury to appear as hereinbefore mentioned. (105) 5719. SEC. 4. Thirty days previous notice of the time when and the place where such jury will assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a GENERAL SCHOOL LAWS. 55 newspaper published in the county where such real estate is situated: or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or treasurer of such dis- trict, and shall describe the real estate required for such site, or for the enlargement thereof, and state the time when and place where such jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place* of residence. (10(1 1 -iTiiO. SBC. 5. It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or con- stable summoning them, to attend at the time and place specified in such summons or venire; and the officer who sum- moned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons summoned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found ; and if he could not be found in said county, he shall certify that fact. Kit her party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found quali- fied to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make ii]) the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attach- ment lor any person summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are authorized to do in civil cases. A party pns.nt. >r represented, at the empaneling of the Jury will be deemed to have waived all objections to the jury, if he makes none then. Smith v. School Dist., 40 ( 107 i 571' 1. SK< . enforce obedience to process. Jury to be sworn. Subpoenas, witnesses. 56 STATE OF MICHIGAN. Court to attach cer- tificate. their attendance compelled by such circuit judge, commis- sioner or justice in the same manner as may be done by the W ascertain circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such examina- tion and such other evidences as may be presented before them, shall ascertain and determine the necessity for using such real estate in the manner and for the purpose proposed by such school district, and the just compensation to be made therefor; and if such jury shall find that it is necessary that such real estate shall be used in the manner or for the pur- pose proposed by such school district, they shall sign a certifi- cate in writing stating that it is necessary that said real estate, describing it, should be used as a site for a school- house for such district, or to enlarge its existing site; also stating the sum to be paid by such school district as the just compensation for the same. The said circuit judge, circuit court commissioner, or justice of the peace, shall sign and attach to, and indorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when and the place where the said jury assembled, that they were by him duly sworn as herein required, and that they subscribed the said certificate. He shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certificates to the director, or to any member of the district board of such school district. (108) 5722. SEC. 7. Upon filing such certificates in the circuit court of the county where such real estate is sit- uated, such court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such school district, which judgment shall be collected and paid in the manner as other judgments against school districts are collected and paid. Smith v. Sch. Dist., 40/143.. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings taken for the condemna- tion of a site were irregular and to compel him to enter judgment for the amount found due. Sch. Dist. v. Judge, 49/432. (109) 5723. SEC. 8. In case the owner of such real estate shall be unknown, insane, non compos mentis, or an infant, or cannot be found within such county, it shall be law- ful for the said school district to deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto ; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose ; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account Collection of judgment. When owner is unknown, etc., money to be depos- ited with county treasurer. GENERAL SCHOOL LAWS. 57 for the same, as herein required: Provided, That no such money shall be drawn from such county treasurer, except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter provided. (110) 5724. SEC. 9. Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained and determined by the jury as the just compensation to be paid by such district for such site, or for such addition to its site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such school district and its successors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the recovery of the posses- sion of such real estate ; a copy of which order or decree, cer- tified by the clerk of said county, shall be recorded in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee. (111) 5725. SEC. 10. Such school district may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of said district. And it shall be the duty of the county clerk of said county, on the request of said school dis- trict, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of possession in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or respondents in such proceedings, and all persons holding under them or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof with the appurtenances to such school district. (112) 5726. SEC. 11. In case the jury hereinbefore provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be nec- essary: but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings may be adjourned from time to time by the said Proviso, how money to be drawn from county treasurer. When title to be vested in district. When district to take possession. Writ of pos- session to be issued by county clerk to sheriff. Sheriff to remove respondent. When jury disagrees. Adjournments not to exceed three months. 58 STATE OF MICHIGAN. Proceedings in case property is encumbered. judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party applying for such adjournment, unless the other party shall consent to such adjournment ; but such adjournments shall not in all exceed three months. (113) 5727. SEC. 12. In case the said schoolhouse site, or land required to enlarge the same, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mort- gagee, or other parties claiming to be interested in said title shall severally be made a party to the procedure as afore- said, and shall be authorized upon the filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their propor- tionate claims to the said site, or the compensation to be made therefor, as determined by said jury. And the said cir- cuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claim- ants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded. (114) 5728. SEC. 13. The circuit judge, judge of pro- bate, or circuit court commissioner of any county where any money has been deposited with the county treasurer of such county, as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such applicant to the money thus deposited, make an order, direct- ing the county treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county treasurer, on the presentation of such order, with the receipt of the person named therein, indorsed on said order and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such county treasurer, to exonerate him from all liability to any person or persons for said money thus paid by him. (115) 5729. SEC. 14. Circuit judges, circuit court com- missioners, and justices of the peace, for any services ren- dered under the provisions of this act, shall be entitled to the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil cases in the circuit court. (11.6) 5730. SEC. 15. In case any circuit judge, cir- cuit court commissioner, or justice of the peace, who shall issue a summons or venire for a jury, shall be unable to attend to any of the subsequent proceedings in such case, any How money deposited with county treasurer may be drawn. Compensation of officers, etc., on proceedings. When judge, etc., unable to attend, another may finish pro- ceedings. GENERAL SCHOOL LAWS. 59 >ther circuit court commissioner or justice of the peace may ittend and finish said proceedings. AI'I'KAI.S rilAITKK IX. AtTloN (>F TnW.NSIIIl' I'.. (UTi r7.".l. SKCTIO.X 1. Win-never jiny live or more lax paving electors having taxable property within any aVtion of school district shall I'eel themselves aggrieved by any action, order or decision ol' the township hoard or joint hoards with reference to I he 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 hoard, appeal from sucli action, order or decision of said hoard to the county commissioner of schools and a circuit court commissioner of the county in which such school district is situated. The county commissioner of schools ami circuit court commis- who to ' sioner shall constitute a hoard of appeals for all such cases constitute - and shall he entitled to the usual fees provided by statute for circuit court commissioner. When an appeal shall be tiled with the hoard of appeals herein provided for, said hoard shall serve notice on the clerk of the township hoard or the clerks of the joint boards who have made the decision appealed from, and said clerk or clerks shall notify the sev- eral members of such boa I'd of such appeal. The notice to townsWp the clerk ami township board shall state the day and hour clerk, what when such appeal will be heard, and it shall be the duty of said hoard of appeals to review, confirm, set aside or amend the action, order or decision of the township board or boards thus appealed from; or if in its opinion the appeal is friv- olous or without snllicient cause it may summarily dismiss l he * si'i: TORS: The board of inspectors act in the exercise "t a puMic discretionary powr in creating or rhanirinj: districts, which can In- reviewed, if sit all. only iy sunn- direct appellate process which operates upon tin- proceedings themselves to affirm, reverse or change them. Clement v. KV.T. Bt, -'.' I'.i. AI'l'KAL: Sci,,,,,i JHsf. v. \\ ilcox. 48/404. When it seems an appeal oiiM not I..' taken. Srh. Dist. v. S-h. Dist., 63/57-8. nnliAUI: The issiun.ce ,,f a writ of certiorari being largely discre- tionary. and not permissible to accomplish a palpable injustice, a writ issued to r.-vie\v the setting aside of the or^ani/at ion of a school district out of the territory ,,f t\\,. others will he dismissed when each of the three dis- tricts as s.. organised would b< financially unahle to support a school with- out Imposing upon ihi- residents a greater burden than they are able to hear. Silver v. Hamilton Township Hoard. 1 -KJ / ::;i:;. i 118) 57:'> SEC. 2. Said appellants shall, before tak- Appellant. to ing such appeal, make out and tile with the board of appeals a written statement, to he signed by said appellants, setting forth in general terms the action, order or decision of the township hoard with respect to which the appellants feel themselves aggrieved, and their demand for an appeal there- from to the hoard of appeals, and shall also cause to be exe- cuted and signed by one of their number, and by two good 60 STATE OF MICHIGAN. Township board, when to file tran- script of pro- ceedings, etc. and sufficient sureties to be approved by the board of appeals / Bond, a bond to the people of the state of Michigan in the penal sum of two hundred dollars, conditioned for the due prosecu- tion of said appeal before said board, and also in case of the dismissal of said appeal as frivolous by said board for the payment by said appellants of all costs occasioned by reason of said appeal. BOND : The statute is positive in requiring the bond to be approved and it cannot be dispensed with. Clement v. Everest, 29/21. The appeal is not complete without such approval. Id. (119) 5733. SEC. 3. Upon the filing of such appeal papers and bond with the said board of appeals and after notice by the board of appeals to the township board from whose decision appeal is taken, said township board shall within ten days thereafter make out and file with the said board of appeals a full and complete transcript of all its pro- ceedings, actions, orders or decisions with reference to which the appeal is taken and of its records of the same; also said bond and appeal papers and all petitions and remonstrances, if any, with reference to the matters appealed from, and upon the filing of the same with said board of appeals the said board shall be deemed to be in possession of the case, and if the return be deemed by it insufficient the board may order a further and more complete return by said township board, and when such return shall by it be deemed sufficient it shall proceed with the consideration of the appeal at such time or times, within ten days after such return in such manner and under such affirmation, amendment or reversal of the action, order or decision of the township board appealed from, as in its judgment shall seem to be just and right; or if it deem the appeal to be frivolous it may summarily dismiss the same. Organization of graded school district. Notice of intent. Board of education. CHAPTER X. GRADED SCHOOL DISTRICTS. (120) 5734. SECTION 1. Any school district containing more than seventy-five children between the ages of five and twenty years, may, by a majority vote of the qualified voters present at any annual or special meeting, organize as a graded school district. The intention to submit the question of the organization of a graded school district shall be expressed in the notice of such annual or special meeting. When such change in the organization of the district shall have been voted, the voters at such annual or special meeting shall proceed immediately to elect by ballot a board of education of five members, one member for the term of one year, two for the term of two years and two for a term of three years, and annuallv thereafter a successor or successors to the mem- GENERAL SCHOOL LAWS. 61 b r or members whose term of office shall expire. Any quali- who eligible. fi' d voter in such district whose name appears upon the assessment roll at the time of such election and who is the o oier in his own right of the property so assessed, shall be el gible to election or appointment to the office of member of t) e board of education. In the election of members of the b> ard of education and all other school officers, the person r< ceiving a majority of all the votes shall be declared elected : T -ovided, That all graded school districts organized prior Proviso. t< the year nineteen hundred seven shall operate after the p .ssage of this act under the provisions of this act without r organization : And provided also, That in all sucK districts provlB - tl e members of the board of education hereafter elected shall b elected under the provisions of this act. Am. 1917, Act 15. Simpklns v. Ward, 45 / 562. CUSTODY OF RECORDS : The proceedings provided by statute, sections 9 43-9851 C. L., 13554n-13562n C. L. 1915 (chap 39, judicature act of 1915), t< compel delivery of books and papers by a public officer to his successor, a e not adapted to a determination of the rights of contestants to any office, b t are merely appropriate for ascertaining whether a petitioner is prima ti :ie such an officer as entitles him to possession of the books and papers of tl e office. After an adjudication of this question by a court of competent }\ risdiction the defeated party can not review the judgment by certiorari and tl ereby defeat the object of the statute, but must resort to quo warranto or her proceedings appropriate to try title to an office. Murta v. Carr, 140 / 6 6. GRADED SCHOOL DISTRICTS: The wisdom of the graded-school-dis- ti let act was vindicated in Stuart v. Sch. Dist., 30/69, and its validity d termined. Keweenaw Ass'n v. Sch. Dist., 98 / 439. It is competent under tl e constitution to provide by taxation for free instruction in the higher d partments of education, in union and high schools. Stuart v. Sch. Dist., 3- / 69. Union and graded schools, whether organized under the general law 01 created by special enactment are subject to the general primary school If w, except as otherwise provided in the law creating them. People v. Detroit Brnrd of Education, 18/411; Keweenaw Ass'n v. Sch. Dist., 98/442. ALL OTHER OFFICERS: The term "all other school officers" includes tl e director, moderator and assessor of primary school districts, there being D others to whom it could refer, as the trustees are the only officers to be e 1 )cted in graded school districts. Cleveland v. Amy, 88 / 377. LEGISLATIVE PROVISIONS : The constitution does not require an abso- h te uniformity in school districts throughout the state and the legislature h is not so construed the constitutional provisions. Uniformity has not been k< pt up ; graded schools have been established ; boundaries of districts changed a id fixed by the legislature ; and the qualifications of electors at school meet- ii gs have been fixed, limiting the classes entitled to vote and providing excep- ti >nal methods of electing officers. The mayor of Grand Rapids is made a ti ustee and ex-officio member of the board of education ; and being a trustee hi is eligible to the office of president of the board. The president of the bard has the veto power. The mayor of Alpena is president of the b ard, and the trustees elected constitute the board, and exercise all the powers and perform the duties of trustees. The mayor of Detroit, as ex-offlcio n: ember of the board of education has the veto power, and this provision is constitutional. Pingree v. Board of Education, 99/407-9. It is no new tiling for the legislature to fix the boundaries of school districts. It is done by the charter of nearly every city or village in the state, and some of them g> so far as to provide exceptional methods of electing officers and limiting the c asses entitled to vote (citing Mudge v. Jones, 59/165). Keweenaw Ass'n Sch. Dist., 98 / 441. And in Perrizo v. Kesler. 93 / 280, an act providing f.r the organization of school districts from entire townships was held valid. (121) 5735. SEC. 2. Within ten days after his elec- Acceptance ion, each member shall file with the secretary of the board of mce - n acceptance of the office to which he has been elected, ccompanied by an affidavit setting forth the fact of eligibility s described in section one of this chapter. The board of Organization ducation shall annually, and within fifteen days after the ofboard - nnual meeting, or within fifteen days after the organization inder this act, elect from its own number a president, a secre- 62 STATE OF MICHIGAN. Vacancies. Bond of treasurer. Township board or city council may appoint officers of board. tary and a treasurer, and for cause may remove the same from such offices and may appoint others of their number in such places, and these officers shall perform the duties pre- scribed by the general school law for the moderator, director and treasurer of the district, except as hereinafter provided. The board of education shall have power to fill any vacancy tjiat may occur in its number until the next annual meeting, and if three vacancies occur at the same time a special meet- ing of the district shall be called to elect members of the board to fill such places. Within thirty days after his appointment, the treasurer of the board shall file with the secretary an official bond in such an amount and form as may be determined by said board. Said bond may be either per- sonal or of some surety company authorized to do business in this state, and it shall be given for a sum not less than the greatest amount of money that the treasurer may have in his possession or under his control at any time during his term of office, as near as the same can be determined. When a personal bond is given it shall be signed by not less than two sureties, each of whom shall justify under oath to the full amount of the bond. If a surety bond is required and purchased, it may be at the expense of the district. When- ever, in any case, the board of education shall fail or neglect to elect the officers of the board named in this section within fifteen days next after the annual meeting, or after the organ- ization of the district, the township board or the common council of any city within which said district is located shall appoint the said officers from the members of the board. VACANCIES COSTS : The minority of a school board have no authority to commence an action in its name, and, if they do so, they will be ii virtually responsible for the costs. Johnston v. Mitchell, 120 / 589. (122) 5736. SEC. 3. It shall be the duty of the boai of education in any graded school district: First, To determine the course of study to be pursued and to cause the pupils attending school in such district to be taught in such schools or departments as they may deem expedient ; Second, To establish in such district a high school, when directed by a vote of the district at any annual or special meeting, and to determine the qualifications for admission to such high school and the fees to be paid for tuition by non-resident students: Provided, That when non-resident students, their parents or legal guardians shall pay a school tax in said district, the same shall be credited on their tui- tion a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged f( tuition ; Third, To audit and order the payment of all accounts the secretary for incidentals or other expenses incurred by him in the discharge of his duties; but not more than 01 Board of education. To determine course of study. To establish high school. Proviso, tuition of non-residents. To audit accounts of secretary. :; by <;K\KKAI. SCHOOL LAWS. To estimate and vote amount of tax. To employ superin- tendent of schools. Duties of superin- tendent. hi ulred dollars shall he expended by the secretary in one ye r for repairs of buildings or appurtenances of the dis- tri :t property or for necessary appendages without the an hority of the board of education: ^onrth. To estimate ami vote the amount of tax neces- sa y, in addition to other school funds, for teachers' wages, fU'-l and incidental expenses, for the ensuing year, and when th voters fail or neglect to vote the same 1 , to estimate and vo e the amount of tax necessary for salaries of officers and se vants, and when such tax has been voted by the board of ed ication it shall be reported to the assessing officer in the sa ne manner as other taxes of the district are reported; ?ifth. In all villages and cities organized as graded school di tricts under the provisions of this act. in which districts si or more teachers are employed, to employ a superintendent of schools who shall be the holder of at least a state life cer- ti cate or a normal school diploma, or who shall have educa- ti< nal qualifications equivalent thereto, and said superin- te ident shall have the following duties: (a) To recommend in writing all teachers necessary for tli schools, and to suspend any teacher for cause until the In ird of education, or a committee of such board, may con- sider such suspension; (b) To classify and control the promotion of pupils; (c) To recommend to the board the best methods of ai ranging the course of studv and the proper text-books to be used; (d) To make reports in writing to the board of education aid to the superintendent of public instruction annually or oftener if required, in regard to all matters pertaining to (e educational interests of the district; (e) To supervise and direct the work of the teachers; if i To assist the board in all matters pertaining to the neral welfare of . the school and to perform such other ties as the board may determine; Sixth, To employ all legally qualified teachers necessary for the several schools upon recommendation of the superin- tendent, and to determine tiie amount of their compensation, ai d to require the secretary and president to make contracts w th the same on behalf of the district in accordance with the provisions of law governing contracts with teachers: Pro- vided. That the board of education may employ a teacher hot n commended by the superintendent, or may reinstate a teacher suspended by the superintendent; k Seventh, To employ such oilier officers and servants as may necessary for the management of the schools and school operty. and to prescribe their duties and tix their com- pensation ; Kighth. To perform such other duties as are required of d strict boards in other school districts, or as may be neces- 8i. ry to the general welfare of the school and district. To employ teachers, determine salary of, etc. Proviso. To employ other officers. Other duties of board. STATE OF MICHIGAN. FIRST: To classify and grade. People v. Detroit Bd. of Ed., 18/412. (Jnder our system it is common and convenient to have the various grades In one building and there is nothing illegal in it. Hathaway v. New Balti- more, 48/255. The authority to classify and grt.de the pupils and prescribe the course of studies confers the power to provide for teaching music and to purchase a piano for such purpose. Knabe v. Board of Education, 67/262. FOURTH : A contract with a qualified teacher, made pursuant to a reso- lution adopted by a majority of the trustees and signed by the moderator and assessor and one of the trustees, is valid though not signed by the director. Farrell v. Sch. Dist., 98/43 (citing Crane v. Sch. Dist., 61/299). The board has power to employ a qualified teacher for the ensuing year prior to the annual school meeting. Id. (citing Tappan v. Sch. Dist., 44/500; Cleveland v. Amy, 88 / 374). The power to employ teachers conferred upon the district boards of primary schools is co-extensive with that conferred upon the boards of trustees of graded schools. Cleveland v. Amy, 88 / 376. Teachers in graded schools are required to have certificates in the same man- ner as teachers in primary schools ; but a person employed by the board to superintend and manage the schools need not be a teacher nor have a teacher's certificate. Davis v. Sch. Dist., 81 / 214. The trustees are empowered to employ all teachers necessary, and what teachers are necessary is left to be decided by their sound discretion. Tappan v. Sch. Dist., .44 / 502. FIFTH : The power to appoint a superintendent of schools is incident to the full control which by law the board has over the schools. Stuart v. Sch. Dist., 30 / 85. Qualification of superintendents, see Davis v. Sch. Dist., 81 / 219-20. SIXTH : A contract between a teacher and a graded school district Is invalid, unless a teacher, at the time of making the contract, has the cer- tificate required by section 281, authorizing her to teach during the term covered by the contract ; obtaining a certificate after the making of the con- tract, and before commencement of school, is not a compliance with the statute. McCloskey v. Sch. Dist., 134 / 235. Altering boundaries of graded school district. Proviso, appeal. Bond, amount, etc. Probate judge to review action. (123) 5737. SEC. 4. No alterations shall be made in the boundaries of any graded school district without the consent of a majority of the trustees of said district, which consent shall be spread upon the record of the district, and placed on file in the office of the clerk of the township or city to which the reports of said district are made: Provided, however, That any three or more taxpaying electors having children between the ages of five and twelve years, feeling themselves aggrieved by any action, order or decision of the board of trustees with reference to the alteration of said school dis- trict affecting their interests, may, at any time within sixty days from the time of such action on the part of said board of trustees, appeal from such action, order or decision of such board of school trustees to the judge of probate of the county in which such schoolhouse is situated in the same manner, as nearly as may be, as appeals from the action of the town- ship board, as provided by chapter nine of this act. Said appellants shall file a bond with said judge of probate, with sufficient sureties to be approved by said judge of probate, in the penal sum of not exceeding two hundred dollars in the discretion of the judge of probate, indemnifying said school district of any and all costs made on such appeal in case the appellants shall not prevail therein. Whereupon said judge of probate shall be empowered to entertain such appeal, and review, confirm or set aside or amend the action of the board of the trustees appealed from. ., Am. 1919. Act 351. NO ALTERATION : People v. Ryan, 19 / 207 ; Simpkins v. Ward, 559 ; Burnett v. Inspectors, 97 / 103. Addition of territory by legislative action. Keweenaw Ass'n v. Sch. Dist., 98/439-41. (124) 5738. SEC. 5. Whenever two or more contiguous districts, having together more than one hundred children bel lis] th( a n ing est thi shi pr< an a ii of leji UK \i( bu < M:\ERAL SCHOOL LAWS veen the ages of five and twenty years, after having pub- ed in the notices of the annual meetings of each district intention to take such action, shall severally, by a vote of ajority of the qualified voters attending the annual meet- < in said districts, determine to unite for the purpose of blishing a graded school district under the provisions of chapter, the township board of the township or town- )S in which such districts may be situated shall, on being perly notified of such vote, proceed to unite such districts, shall appoint as soon as practicable a time and place for eeting of the new district, and shall require three notices he same to be posted in eacli of the districts so united at ,t live days before the time of such meeting, and at such :ting the district shall elect a board of trustees, as pro- '(1 in section one of this chapter, and may do whatever iness may be done at any annual meeting. I irton v. Koch, 184/253. li>5) 5739. SEC. 6. Whenever the trustees of any orj anized graded school district shall be presented twenty da s before the annual meeting thereof with a petition signed by ten voters of said district, stating that it is the desire of sai 1 petitioners that at the annual meeting of said school dis- tri 't there shall be submitted to said annual meeting the prop- osi ion to change from a graded school district to one or more primary school districts, the said trustees shall, in their no ice of such annual meeting, state that the proposition set foi th in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said me 'tinjj shall vote to change to one or more primary school districts such change shall be made, and it shall be the duty of lie township board of the township or townships in which such district is situated, upon being duly notified of such vole, to proceed to change or divide such district as deter- mi led 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 foi by law for the organization of primary school districts, anportioned or appropriated for libraries and shall disburse s ch funds in the same manner as other educational funds. (129) 5743. SEC. 4. Said board shall be held account- a >le for the proper care and preservation of the township li >rary, and shall have power to provide for the safe keeping o the same, to prescribe the time for taking and returning b >oks, to assess and collect fines and penalties for the loss injury of said books, and to establish all other needful r iles and regulations for the management of the library, as s id board shall deem proper, or the superintendent of public 1 struction may advise. (1MO) 5744. SEC. 5. The township board shall cause t e township library to be kept at some central and suitable \ ace in the township which it shall determine. Said board s .all also, within ten days after the annual township meet- i g, appoint a librarian for the term of one year to have the c iv :ind superintendence of said library, and such librarian s all be responsible to the township board for the impartial e iforcenient of all rules and regulations lawfully established i relation to said library. ( KU) 5745. SEC. 6. Any school district, by a majority v >te at an annual or special meeting, may establish a school (1 strict library, due notice of said action to be stated on the a mual or special meeting notice, and such district shall be e ititled to its just proportion of books from the library of a ly township in which it is wholly or in part situated, to be a Ided to the district library, and also to its equitable share o ' any library moneys remaining unexpended in any such township or townships at the time of the establishment of s ich district library or that shall thereafter 'be raised by tax m such township or townships or that shall thereafter be a ^portioned to the township for library purposes. (132) 5746. SEC. 7. The district board of any school d strict or the board of education of any township school dis- trict, village or city in which a library may be established in accordance with the provisions of this act, shall have cl large of such library and provide the necessary conveniences f(r the proper care of such library, and said board shall be responsible for and shall use all moneys raised or appor- tioned for its support in accordance with the provisions of Irw. School district library, how may be estab- lished, etc. Share of books and money. Library, who to have charge of, etc. Libraries are within the proper range of school apparatus ; and there Is in 'thing in our laws which cuts off public corporations from accepting benevo- lent offerings to enable them to extend their usefulness and benefit their people, b. onlarging their opportunities for culture and refinement without multiply irg or increasing their burdens. Maynard v. Woodard, 36/425, 427. STATE OF MICHIGAN. Township clerk to report annually. Director, report of, what to include. Failure to report. Forfeiture of library moneys. Annual statement of townships, etc., entitled to library money. Statement and copy, to whom furnished. Certain fines. When applied t-> support of libraries. (133) 5747. SEC. 8. The township clerk shall give in his annual report to the superintendent of public instruction such facts and statistics relative to the management of the township library and the library moneys thereof as said superintendent of public instruction shall direct, and the dis- trict board or board of education of any district, village or city having a library shall give in the annual report of the director or secretary such facts and statistics relative to the library as the state superintendent of public instruction may direct, and where school officers report to the township clerk they shall include similar information in said report to said clerk. (134) 5748. SEC. 9. In case the township board of any township, or the district board of any school district, or the board of education of any village, city or township, shall fail to make the reports required by this act, or in case it shall appear that any township or school district or township dis- trict, village or city has failed to use the library money in strict accordance with the provisions of law, such township or district or township district, village or city shall forfeit its share of the library moneys that are apportioned for the ensuing year and such money shall be apportioned to other township districts, villages or cities in the county as here- inafter provided. (135) 5749. SEC. 10. The superintendent of public instruction shall annually, and previous to the fifteenth day of July transmit to the clerk of each county a statement of the townships, districts, township districts, villages and cities in his county that are entitled to receive library moneys, giving the number of children in each case between the ages of five and twenty years as shall appear from the annual reports of such townships, districts, township districts, vil- lages or cities for the school year last ending. Said clerk shall file such statement in his office and shall forthwith fur- nish a copy thereof to the county treasurer. The state super- intendent shall also furnish a copy of such statements to the township clerks or city clerks in each county. (136) 5750. SEC. 11. The proceeds of all fines for any breach of the penal laws of this state, when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on account of such fines and not already apportioned, shall be apportioned by the county treasurer in accordance with the directions of the superintendent of public instruction, as pro- vided in the preceding section, before the first day of August in each year among the several townships, districts, town- GENERAL SCHOOL LAWS. 69 ship districts, villages and cities in the county, which money when received by the proper authorities shall be exclusively applied to the support of township, district, township dis- trict, village and city libraries and to no other purposes. PINES, ETC. : See Const., Art. XI, section 14. (137) 5751. SEC. 12. The qualified voters of each town- J^JJ^J. ship shall have power at any annual township meeting, support of 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 HOW ta^x t.. shall have been voted, it shall be reported to the supervisor, assessed nnii levied, and collected in the same manner as other township collected - and school district taxes. ii:'8) 5752. SEC. 1:5. The district board or board of education of any school district may donate or sell any library book or books belonging to such district to the town- ship board, where there is a township library or to the city library in cities, and such books shall thereafter form a part >!' the township or city library. CHAPTER XIII. PENALTIES AND LIABILITIES. i K'.'.h 5753. SECTION 1. Any taxable inhabitant of a e h n a a b"an t n newly formed district receiving the notice of the first meet- fornegfect ing, who shall neglect or refuse duly to serve and return ofduty< 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 in this act, shall respectively forfeit the sum of five dollars. (140) 5754. SEC. 2. Any person duly elected to the ?, ena ? ty JJ nice of moderator, director, treasurer, or trustee of a school for 8 neglect in district, who shall neglect or refuse, without sufficient cause, to accept such ollice and serve therein, or who, having entered duties. upon the duties of his office, shall neglect or refuse to per- form any duty required of him by virtue of his office, shall forfeit the sum of ten dollars. Hiiiman v. Sch. District, 4/170. If th<- district, by an officer's wilful act or neglect of duty, is subjected to suit r jud^'im-nt, tht- district in its corporate capacity must recover the amount, hut individual citizens, who have been taxed to satisfy the judgment annul recover their taxes from such officer. Wall v. Eastman 1/268 was repealed by Act 32, P. A. 1909. 141) 5755. SEC. 4. If any township clerk shall neglect or refuse to make out and transmit the annual report con- nobility of, taining the reports of the several school districts of his town- TO STATE OF MICHIGAN, County clerk or commis- sioner, lia- bility of, for failure to report. How moneys collected on account of neglect, disposed of. ship or any other report which the law may require of him, within the time limited therefor, he shall be liable to pay the full amount lost by the township or any district or districts by such neglect or refusal, with interest thereon, to be recov- ered in an action of debt or on the case. (142) 5756. SEC. 5. Any county clerk or county com- missioner of schools who shall neglect or refuse to transmit to the superintendent of public instruction the reports required by this act or any other reports which the law may require, within the time limited therefor, shall be liable to pay to each township, village or city the full amount which such township or any school district, village or city therein shall lose by such neglect or refusal, with interest thereon to be recovered in an action of debt or on the case. (143) 5757. 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 apportioned and distributed. (144) 5758. SEC. 7. Any township clerk who shall neglect or refuse to certify to the supervisor any school dis- trict taxes that have been reported to him as required by this act, and any supervisor wilfully neglecting to assess any sucn tax shall be liable to any district for any damage occasioned thereby, to be recovered by the treasurer in the name of the district, in an action of debt, or on the case. Section 8 repealed 1913, Act 402. It related to the removal of district officers by the township board. (145) 5759. SEC. 9. No school officer, superintendent, or teacher of schools, shall act as agent for any author, pub- lisher, or seller of school books, or shall directly or indirectly receive any gift or reward for his influence in recommending the purchase or use of any library or school book or school apparatus, or furniture whatever, nor shall any school officer be personally interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein prohibited, performed by any such officer, superintendent, or teacher, shall be deemed a misdemeanor. (146) 5760. SEC. 10. All provisions of this act shall apply and be in force in every school district, township, city and village in this state, except such as may be inconsistent with the direct provisions of some special enactment of the legislature. . Johnston v. Mitchell, 120 / 589 ; Detroit Bd. of Education v. Morosg, 151 / 625 ; Burton v. Koch, 184 / 253. Liability of township clerk and supervisor in regard to district taxes. School officers and teachers not to act as school book agents, etc. School officers not to be interested in contracts in certain cases. Where this act shall apply. GENERAL SCHOOL LAWS. 71 FREE PUBLIC LIBRARIES. Vn Act to authorize boards of education to provide for the mainte- nance of free public libraries existing under the control of boards of education of the cities : to authorize and empower said boards of education to raise or borrow money and issue bonds in sufficient sum to purchase property or site, erect and maintain buildings for use as a free public library and other educational purposes. [Act 261, P. A. 1913.] The People of the State of Michigan enact: (147) 5836. SECTION 1. Boards of education in cities vvhere free public libraries are under control of such boards of education by reason of existing charters or otherwise, from md after the passage of this act are hereby authorized and ^mpowered to include in their annual estimate a sum or sums sufficient to properly care for and defray the expense of main- tenance and to purchase new books required for such libraries. (148) 5837. SEC. 2. Boards of education in cities having the control of free public libraries by reason of exist- ing charters or otherwise are hereby authorized and empow- ered to raise money, either by including the amount in their unnual estimates, or to borrow same on the faith and credit of said school district, and to issue certificates or bonds to secure the payment of the sums borrowed ; sufficient to pur- chase property for a site and to provide the money necessary to erect, equip and maintain buildings for a free public library and other educational uses: Provided, That when any bond issue shall be provided for under the terras of this act such bonds shall not be issued for a period of more than ten years. No bonds provided for in this act shall be issued until issuance of same shall have been submitted to the electors of the district affected and approved by a majority of the electors voting thereon. Section 3 repeals all contra VCD Ing acts. An Act authorizing organized townships and incorporated villages in the state of Michigan to borrow money and to issue bonds therefor for the purpose of establishing free public libraries, purchasing sites and constructing buildings thereon. [Act 5, P. A. 1917.1 The People of the State of Michigan enact: (149) SECTION 1. The township board of any organized Boards of education, authority of, etc. To issue certificates or bonds. Proviso. Referendum. township nnd the village council, or board of tnistees, of authorized. any incorporated village in the state of Michigan are hereby authorize! and empowered, upon an application signed by 72 STATE OF MICHIGAN. Proviso, vote required. When submitted. Notice. not less than twenty-five qualified electors of such township or incorporated village being first filed with the said town- ship board, village council, or board of trustees, as the case may be, to borrow a sum of money, not exceeding one per cent of the assessed valuation of such township, or incor- porated village, on the faith and credit of such township, or incorporated village, and to issue the bond, or bonds of such township, or incorporated village, therefor; the money so borrowed to be used for the purpose of establishing a free public library, for purchasing a site for the same or con- structing buildings thereon: Provided, That a majority of the voters of such township, or incorporated village, voting thereon at a township meeting, a general election, or at a special election called by the township board, or at a general or special election called by the village council, or board of trustees, for that purpose, shall vote in favor thereof. (150) SEC. 2. The question of issuing the bonds, provided for in section one of this act, shall be submitted to the legal voters of such township, or incorporated village, by the town- ship board, the village council or board of trustees, within thirty days after the filing of the application mentioned in section one, giving due notice thereof by causing the date, place of voting and object of said election to be stated in written or printed notices to be posted in five public places in such township, or incorporated village, at least ten days before the time fixed by said board for such election, and by publishing the same in at least one newspaper published in said township, or incorporated village, or if none be pub- lished in said township, or incorporated village, then in some newspaper published in the same county, which is circulated in such township or incorporated village, at least two weeks before the time of such -election. Such notice shall state the amount of money proposed to be raised by such bonding, and the purpose or purposes to which it shall be applied. (151) SBC. 3. The vote upon such proposition shall be by printed ballot, and such ballots shall be in the following form: "For the issuing of bonds to (Purpose) Yes [ ]." "For the issuing of bonds to (Purpose) No [ ]." The election shall be conducted and the votes canvassed in all respects, as in other township or village elections. (152) SEC. 4. If at such election a majority of such qualified electors present thereat and voting upon said propo- sition shall vote in favor of such loan, such bonds shall be issued by the township board of the township or the village council or board of trustees of the village, as the case may be, in denominations not exceeding one thousand dollars each, at a rate of interest not exceeding five per centum per annum, and for a period not exceeding twenty-five years, as the said township board, or the said common council, or board of trustees, by resolution, shall direct. Said bond, or bonds, What to state. Form of ballot. Bonds, how issued. How signed. GENERAL SCHOOL LAWS. 73 issued by a township board, shall be signed by the members of the said township board and countersigned by the town- ship treasurer, and when issued by a village council shall be signed by the president and clerk of said village and counter- signed by the village treasurer. Said bond, or bonds, shall be How negotiated by and under the direction of said township board, ' or common council, or board of trustees of incorporated vil lage, to raise in each year by tax upon the taxable property of such township, or incorporated village, such sums of money ;is shall be sufficient to pay the amount of said bonds and the interest thereon, as the same shall become due. (153) SEC. 5. No bonds issued under and by virtue of this act shall be used or negotiated at less than their par value. (154) SEC. 6. It is hereby declared that this act is imme- tely necessary for the public health, peace and safety. i An Act to authorize the issue of bonds; to provide sites for and for the erection thereon of public libraries and for additions to and improvements of such sites and the buildings thereon, whether now ox i sting or hereafter acquired, in cities, villages and school dis- tricts where free public libraries have or may hereafter be established. i [Act 305, P. A. 1919.] The People of the State of Michigan enact: (155) SECTION 1. The legislative body of any city, village or school district where free public libraries have been, or maintaned. may hereafter be established, is hereby authorized upon the application of the local library board, or commission or body duly authorized by law to maintain free public libraries in such city, village or school district to borrow a sum of money upon the faith and credit of such city, village or school dis- 1 rict not exceeding one-fourth of one per centum of the assessed valuation of such city, village or school district to provide sites for, and for the erection thereon, of free public library buildings and for additions to and improvements of such sites and the buildings thereon now existing or here- after acquired and to issue the bond or bonds of such city, village or school district therefor: Provided, That wherever Proviso, library bonds have heretofore been issued or authorized said bonds shall be included in the limitation of one-fourth of one per centum of the assessed valuation: And provided further, Further That such bonds hereafter issued shall be in addition to all P rovis other indebtedness which the city, village or school district is or may be authorized to incur for purposes other than library purposes. (156) SEC. 2. Said bonds shall be denominated "public gjj mlnated library bonds of the city, village or school district number 74 STATE OF MICHIGAN. How issued, etc. Approval of issues. Sinking fund. of ," shall be regularly dated and numbered in the order of their issue, shall be for sums of not less than one hundred dollars each, shall bear interest not exceeding five per centum per annum and shall be payable within such time from the date of issue, as the local legisla- tive body of such city, village or school district may deter- mine. They shall be issued under the seal of the city or vil- lage, signed by the mayor thereof and countersigned by the controller or like financial officer of said city, or in case of school districts, the chairman of the school board. Said bonds shall not be negotiated at less than their par value. (157) SEC. 3. No bonds shall be issued under this act unless such issue has been approved by both the local legis- lative body and by that body to whom is entrusted the man- agement of the local library system and upon such concurrent approval the legislative body of said city, village or school district shall thereupon proceed to issue and negotiate the sale of said bonds. (158) SEC. 4. The local legislative body of such city, vil- lage or school district shall provide a sinking fund for the redemption of the bonds issued under the provisions of this act to which end it shall be its duty to raise by taxation, each year, upon the property assessed for city, village or school district purposes, such sum as shall be sufficient to make said sinking fund adequate at the maturity of the bonds, to pay the same and the moneys so raised shall be used for no other purpose. The principal realized from the sale of said bonds shall be deposited with the treasurer of said city, village or school district and credited to a public library fund for the purposes hereinbefore mentioned and shall be used for said purposes only. The premium and accrued interest of said bonds shall be credited to the sinking fund of said city, village or school district. (159) SEC. 5. It shall be the duty of the local board entrusted with the management of the local library system, to include in its budget each year, an item of the amount necessary to be raised each year for the sinking fund and an item for the amount necessary to be raised each year for the interest on said bonds and said items shall be allowed by the local body or officer whose duty it is to determine the amount to be raised by taxation for said city, village or school dis- trict. Said items shall be in addition to the amount which may be annually raised by taxation for all other purposes. Premium, etc., where credited. Budget, what to include. GENERAL SCHOOL LAWS. 75 Act to authorize the creation of county libraries or the contracting by the board of suj^rvisors of any county, libraries for their free within the county. [Act 138, P. A. 1917.] The People of the State of Michigan enact: (1GO) SECTION 1. The board of supervisors of any county hall have the power to establish a public library free for ns,etc he use of inhabitants of such county or they may contract or the usr tor such purposes of a public library already estab- ishi-d within the county or with the body having control t such library to furnish library privileges to the people of he county under such terms and conditions as may be stated n such contract. The amount agreed to be paid for such n'ivi leges under such contract or the amount which the board nay appropriate for the purpose of establishing and main- aining a public library shall be a charge upon the county md the board may annually levy a tax of not more than >ne-half mill on the dollar of the taxable property of the 'ounty, to be levied and collected in like manner as other axes in said county and paid to the county treasurer of said ounty and to be known as the library fund. (161) SEC. 2. For the purpose of administering the Library Bounty library fund in case a county library is established, to com^se. there shall be a library board consisting of five members, the county commissioner of schools and four other members to be appointed by the board of supervisors, the commis- sioner to hold ex-officio during his term of office, the other members to be appointed for terms of four years each, except that the first members shall be appointed for one, two, three and four years, respectively. (1G2) SEC. 3. In case a contract shall be made with an existing library, the county library fund shall be administered Existing by the board or body having charge and control of said } existing library and there shall be an advisory board, con- sisting of three members, the county superintendent of schools ex-officio and two additional members to be appointed by the board of supervisors whose terms of office shall be two years and until their successors are appointed. The duty of this board shall be to advise and consult with the board controlling said library with regard to selection of books, location of branch libraries and other subjects relating to the proper management of the county library and its fund. ilM) SEC. 4. Said fund shall be paid by the county Fund, how treasurer upon the order or warrants of said library board in paid case of the establishing of a county library; in event of con- tracting with an existing library, it shall be paid upon orders issued by the board or body controlling such library through its president or chairman and secretary. 76 STATE OF MICHIGAN. Inspectors, when and by whom elected. Terms of office. Names on separate ballot. Nomination, election. Referendum. An Act to provide for a board of education for cities having a popu- lation of two hundred fifty thousand or over and comprising a single school district; to fix their terms of office, and the manner of the nomination and election of the members thereof. [Act 251, P. A. 1913.] The People of the State of Michigan enact: (164) 5867. SECTION 1. The board of education of any city having a population of two hundred fifty thousand or over which comprises a single school district shall consist of seven school inspectors who shall be elected at large by the electors of the whole city qualified to vote for school inspect- ors in such municipality at the next spring election when judges of the supreme court are required to be elected. Two inspectors shall be elected to serve for two years; two inspectors shall be elected to serve for four years, and three inspectors shall be elected to serve for six years ; thereafter at the next like election immediately preceding the expiration of their respective terms of office their successors shall be elected to serve for six years. The terms of office of each inspector shall commence on the first day of July following his or her election. The names of all candidates who have been duly nominated as herein provided shall be placed upon a separate ballot at the election for school inspectors and without their party affiliations designated. The candidate or candidates for the positions or places to be filled having the greatest number of votes shall be declared elected. CONSTITUTIONALITY : This act is valid. It is a general law based upon a classification of the school districts of the state, according to population. Burton v. Koch, 184 / 255. (165) 5868. SEC. 2. The nomination and election of inspectors, except as herein provided, shall be conducted as near as may be as now provided by law for the nomination and election of the city officers in the particular municipality concerned, and all women who are legally qualified electors shall be permitted to vote for all nominations for the office of school inspector. Section 3 repeals all acts in contravention with this act. (166) 5870. SEC. 4. The provisions of this act shall not take effect in such city which comprises a single school dis- trict until approved by a majority of the electors having quali- fications to vote at elections for school inspectors, voting thereon, in such city, at the next general election held after the government census shows such city has two hundred fifty thousand inhabitants or more. The vote upon the question shall be by ballot which shall be in substantially the fol- lowin g form : GENERAL SCHOOL LAWS. 77 r ote on proposition to adopt the act providing for reduc- tir i in membership of the board of education and their elec- ti( i at large. lake a cross in the appropriate square below. Shall the act providing for reduction in membership of the bo ird of education and their election at large be adopted. Y< 3. [ 1 ; Shall the act providing for reduction in membership of the b( ird of education and their election at large be adopted. N. . [ ]. >m-h ballots shall be furnished by the city board of elec- ti< n commissioners and shall IK; deposited in a ballot box pi ovided for that purpose in each voting precinct. Such bal- Canvass. lt> ,s shall be cast, canvassed and the results thereof certified 1< in the same manner as are ballots cast upon the question the adoption or rejection of a constitutional amendment. 1 a majority of the qualified electors of the city, voting tl ereon shall vote in favor of the adoption of this act then tl e provisions hereof shall be in full force and effect in such c ty and not otherwise. REFERENDUM : The referendum was unnecessary because the act is not 1. :al in character. Burton v. Koch, 184 / 262. A n Act to provide for the organization of school districts in cities having a population of over one hundred thousand and less than two hundred fifty thousand inhabitants; to provide for a board of education for such districts; and prescribing the powers and duties of such board. [Act 141, P. A. 1917.] The People of the State of Michigan enact: (167) SECTION 1. Each city having a population of more than one hundred thousand and less then [than] two hundred singieschooi t.l'ty thousand inhabitants, shall constitute and be one school district - (tistrict and be known as the ^School District of the City of ." If, at the time this act takes effect in any rity, I here shall be in existence within the limits of the city more than one school district or parts of more than one school district, then, from the taking effect of this act in hat city, the school districts, or parts of districts, within .he limits of the city shall constitute and be the "School Dis- trict of the City of ," and shall be under the jurisdiction of the board of education herein provided for. >0 SEC. 2. If no division of a school district is caused I iy the taking effect of this act in any city, all school property shall vest in and be the property of the city district, and such district shall be liable for and shall pay all indebted- ness of the district or districts formerly existing within its limits. 78 STATE OF MICHIGAN. When school district divided. When city annexes territory. When effective. First board of education, election of. General law to govern. Membership of board. (169) SEC. 3. If by reason of the taking effect of this act in any city, a school district, or districts, shall be divided, the school property within the city (except cash and taxes levied but uncoil ected) shall vest in and be the property of the city district. The cash, taxes levied and uncollected, and district indebtedness shall be divided between the former school districts and the city district in proportion as the relative values of the taxable property left without and brought within the city district by this act bear to the aggre- gated value of the taxable property in the entire districts affected, before the division, as determined by the last pre- ceding assessment roll. Each district affected hereby shall be liable for and shall pay its proportion of such indebtedness. (170) SEC. 4. If, after the taking effect of this act in any city, territory shall be annexed to the city pursuant to law, such territory, by such annexation, shall become and be part of the school district of that city. If by such annexa- tion no school district is divided, the property of any school district so annexed shall vest in and be the property of the city district, and the city district shall be liable for and shall pay all indebtedness of any school district so annexed. If by such annexation any school district is divided, the property, cash, taxes levied and uncollected, and indebtedness of the divided district shall vest and be divided as is herein in sim- ilar case provided in section three. (171) SEC. 5. This act shall be in force in all cities having the requisite population according to the United States census of nineteen hundred ten at the date of the taking effect of this act, and shall be in force in all cities thereafter attaining the requisite population, as soon as the governor (having first ascertained by United States census or by official estimate of the United States census bureau that the city has the requisite population) shall so proclaim. The first elec- tion of members of the board of education hereunder shall occur at the first city charter election held after the taking effect of this act in any city. The first board shall meet and organize on the first Monday in May following such election. Until such first Monday in May the laws theretofore govern- ing the schools shall continue in force and shall govern the administration of the schools of such city. The term of office of all school trustees elected under laws theretofore governing in such cities shall expire upon the organization of the new board, their election for a longer term to the contrary not- withstanding. (172) SEC. 6. School districts in cities affected by this act shall be governed in all respects not herein specially pro- vided for, by the general school laws of the state from time to time in force. (173) SEC. 7. The board of education shall consist of nine members elected from the city at large. The term of office shall commence on the first Monday of May in each year and GENERAL SCHOOL LAWS. 70 cc> itinue until a successor is elected and qualified. The first b< ird at its first meeting shall, by lot, determine which three ol its members shall serve one year, which three shall serve tv o years, and which three shall serve three years, and their tc 'ms shall be accordingly : Provided, That the members of Proviso. tli 3 board of education elected prior to the adoption of this a< t shall continue in office until the expiration of the respec- ti e terms for which they were elected, and with the new mem- b re elected at the first election under this act shall consti- ti te the first board of education herennder. At the time of e; ch annual city charter election thereafter, members of the b< ard shall be chosen to fill the push ions of those whose terms a e about to expire. Three years shall be the term of each n 'inber chosen after the first election. (174) SEC. 8. Any qualified school elector of the city who eligible. s all be eligible to be chosen as a hoard member, and, if d ily registered shall be qualified to vote for board members a such election. The qualifications of school electors shall b j as determined by general law. Nominations for board Nominations, i! embers shall be by petition signed by not less than one li indred qualified school electors of the city, which petition s lall be filed with the city clerk at least fifteen days before e ection. No petition which does not have such number of s ich signatures shall constitute a valid nomination. At the Ballot. s ime time and in the same general manner provided with reference to city charter elections, the proper officials shall I repare and have printed an official ballot on which shall le placed the names of all who have been nominated for i lembers of said hoard. In printing, the names shall first be i rranged alphabetically and the first one hundred printed jccordingly; then the name at the top" shall be put at the I ottom for printing the second one hundred, and a corre- sponding change shall be made in each succeeding one hun- dred printed. The election shall be by separate ballot in a Election, separate box, but at the same time and place as the city char- ter election, and shall be conducted by the same inspectors, ranvassed, reported, considered and treated as a part of such city charter election in all particulars not otherwise specified. Voting, or attempting to vote, for board members at such lectiun by one not legally entitled to vote therefor, shall con- stitute the same oft'ense and shall be prosecuted and punished n the same manner as casting, or attempting to cast, any illegal vote at the charter election. i 175) SEC. 9. No school elector not registered as pro- vided herein shall In- entitled or permitted to vote at elections for hoard members, excepting that votes may be sworn in as is permitted by law at a general election. The registration huards shall be provided with separate books for the regis- tration of school electors. Before registering any name therein, the registration board shall be reasonably satisfied that the applicant for registration is a qualified school elector. 80 STATE OF MICHIGAN. Registration, Such registration shall, in all respects not herein specified, conducted. be conducted in the same manner as, and as part of, the regis- tration required or provided for with reference to said elections. Notice to officials elected. Vacancy, how filled. Body corporate. May pur- chase property, etc. Am. 1919, Act 405. (176) SEC. 10. The city clerk, within the time specified for serving notices upon officials elected at a municipal elec- tion, shall serve notice of his election upon each member of said board elected at said election. On the first Monday in May in each year the board shall organize for the ensuing year by electing its officers herein provided. (177) SEC. 11. If any person elected fails to take oath of office within ten days after service of notice of his elec- tion, or if any member during his term shall die, become mentally incompetent, resign or lose residence in the district, a vacancy shall thereby exist, which shall be filled by elec- tion from such district by a majority of the remaining mem- bers of the board for the remainder of the current year, and at the next election the vacancy shall be filled by an elec- tion for the remainder of the term of the former member. If upon specific written charges filed with the secretary of the board, and after proper opportunity to be heard, any member of the board is by vote of two-thirds of the members thereof, found guilty of willful acts of misfeasance or nonfeasance in his office, he may be removed from his position by such two-thirds vote, whereupon a vacancy shall exist and be filled as above provided. (178) SEC. 12. The said board of education shall be a body corporate under the same and style of "The Board of Education of the Ctty of ," and under that name may sue and be sued, and may take, hold, sell and convey real and personal property, including property received by gift, devise or bequest, as the interest of said schools and the property and welfare of said school district may require. The said board of education may take and hold real and personal property for the use of the public schools within and without its corporate limits and may sell and convey the same. The property of said board of education shall be exempt from taxation for all purposes except for special improvements. The board of education chosen pursuant to this act shall be the successor of any school corporation or corporations existing within the limits of such city or cities and shall be vested with the title to all property, real and personal, vested in the school corpora- tions of which it is the successor. Said board of education shall be liable to pay the indebtedness and obligations of the school corporations of which it is the successor, in the man- ner and to the extent provided in this act. Said board of education shall have power to purchase all property, erect and maintain all buildings, purchase all personal property, (JKNKKAL SCHOOL LAWS. employ and pay all persons, and do all other things in its judgment necessary for the proper establishment, mainte- nance, management and carrying on of the public schools of tin* city and for the protection of other property of the dis- trict, and it shall have authority to adopt by-laws, rules and regulations for its own government and for the control and management of all schools, school property and pupils. It shall not have power to raise money, borrow money, or incur indebtedness except in the manner herein specified. ( 179) SEC. 13. The officers ot the board shall be a presi- dent, vice president, secretary and treasurer. The city treas- urer shall be ex-officio treasurer of the board. The president and vice president shall be elected annually from among the members of the board by a majority vote thereof. The secre- tary shall not be a member of the board. The president, vice president and secretary shall perform such duties as may be prescribed by the by-laws, rules and regulations of the board. The officers of the board who in the discharge of the duties of their respective positions handle funds belong- ing to the public schools, shall be required to give bonds for the faithful performance of their duties, in such manner and form as may be prescribed by the rules and by-laws of the board. The treasurer shall have the custody of all moneys belonging to the school district and shall pay out the same only upon orders as in this act specified. The city attorney shall be the legal advisor of said board and represent it in all litigation. The board shall require from the city treasurer a separate bond to protect the separate funds of the board. Interest upon such separate funds shall be the property of the board. (180) SEC. 14. Regular meetings of the board shall be held at least once in each month, at such time and place as may be fixed by the by-laws. Special meetings may be called and held in such manner and for such purposes as may be specified in the by-laws. (181) SEC. 15. The fiscal and accounting year shall com- mence with the lirst day of July in each year. (182) SEC. 16. The "board shall annually on or before the first Tuesday in April in each year, make an estimate of the amount of taxes deemed necessary for the ensuing year for all purposes within the power of said board, which estimate shall specify the amounts required for the different objects. The board shall transmit, such estimates to the common coun- cil, city coi 1 1 mission or other legislative body of the city on or before the second Monday in April of each" year for ratifica- tion, amendment or rejection. If for any reason the common council, city commission or other legislative body of said city shall fail to pass on said estimate and finally adopt the same after such amendment, increase or decrease as it deter- mines, before the second Monday in May in each year, then the estimate made by such board shall stand as approved and Officers. Treasurer's bond. Meetings. Fiscal year. Tax estimates. When made. When con- sidered approved. 82 STATE OF MICHIGAN. Tax limit. Amount, etc. may borrow. be considered as approved and ratified by such legislative body and reported accordingly, and the amount therein assessing named, levied and collected accordingly. On or before the officers. third Monday in May the secretary of the board shall make to the assessing officers of said city, a written report of the amount of taxes so deemed necessary and approved or stand- ing approved by said legislative body, and the assessing officers shall apportion said amount, and the same shall be levied, assessed, collected and returned the same as other city taxes. No greater sum than six mills on the dollar shall be levied for general school purposes in any one year. For pur- chasing school lots, erecting schoolhouses, and equipping the same, and paying school bonds and the interest thereon no greater sum than four mills on the dollar in addition to the tax for general school purposes shall be levied in any one year. Am. 1919, Act 405. (183) SEC. 17. The board may from time to time, on such terms as it may deem proper, borrow for temporary school purposes, not to exceed fifty thousand dollars total outstand- ing unpaid at any one time, and may give the note or bonds of the board therefor, which shall be paid from the first school moneys collected thereafter. For the purpose of pur- chasing sites, erecting buildings, or both, and for equipping buildings, the board may borrow such sums of money as it may deem necessary and may issue and sell its bonds therefor, upon such rate of interest and for such time, and in such amounts, as it may think proper, and in such form and with bonds and coupons signed and countersigned in such man- ner as it may by resolution direct, but the action of the board authorizing such loan shall first be submitted to the common council, city commission or other legislative body of the city for approval, and no such issue of bonds shall be valid unless the proposal to issue the same shall have been approved by a majority vote of the members elect of the common council, city commission or other legislative body: Provided, how- ever, That such bonds shall be valid without the approval of the common council, city commission or other legislative body, if approved by a majority vote of the school electors of said city voting thereon at any election at which the question of approving such an issue of school bonds shall be submitted to them by the said board or by the said common council, city commission or other legislative body. No bonds shall be sold for less than par, nor bear more than five per cent interest, nor run for more than twenty years. (184) SEC. 18. All demands and claims against the board shall be allowed under such rules and regulations as it may establish, and shall thereupon be certified to the city comp- troller or other auditing department of the city for payment. Payment of the same shall be made by the city treasurer out Proviso. Bonds, sale of. Claims, allowance of. GENERAL SCHOOL LAWS. Superin- tendent if schools, etc. Proceedings, etc., pub- lished. School census. f the funds of the board in the same manner as near as may e as claims against the city are paid out of the general city reasury. (185) SEC. 19. The board shall have power to elect for ucli term not exceeding three years as it may determine, a uperintendent of schools and a business manager, neither f whom shall be members of said board, and to fix their alaries and remove either of them, notwithstanding their erm of office has not expired, upon the concurrent 'vote of wo-thirds of all the members of said board. It may dele- rate to such superintendent the executive management and ontrol of the educational department and to the business nanager the management and control of purchases, contracts, 'iid all other business matters insofar and to such extent as t may from time to time determine. (186) SEC. 20. All proceedings and official actions of the loan! shall be printed and published immediately after such Meeting, in such manner as the board shall decide. It shall a use to be made at the end of each fiscal year and to be pub- ished a complete report of its receipts and expenditures and general school statistics. (187) SEC. 21. The board shall provide for taking the f the board shall receive any compensation whatever for services as members nor for any service rendered to the board. Every action of the board involving the incurring of pecuniary liabilities or expenditure of money shall be by yea and nay vote entered at large upon its record. (188) SEC. 22. Within twenty-four hours after its pas- sage, the president or acting president of the board may veto any action thereof by filing in the office of the secretary of the board his reasons therefor, in writing, and the same there- upon shall not go into effect or have any legal operation until after it shall be repassed at a subsequent meeting of the board by a vote of two-thirds of all the members thereof. No action of the board shall go into operation until the expiration of twenty-four hours after its passage unless the president or acting president shall sooner file with the secretary his writ- ten approval thereof. (189) SEC. 23. All acts and parts of acts, general or Acts repealed. special, in any wise contravening provisions of this act shall be and are from and after the time this act goes into effect in any city, repealed, as far as that city is concerned. Actions, vetoing by president. 84 STATE OF MICHIGAN. Boundaries^ change of. Consolidating school districts. Proviso, referendum. An Act in. relation to the division of or changing of boundaries of primary school districts. [Act 61, P. A. 1911.] The People of the State of Michigan enact: (190) 5765. SECTION 1. Hereafter the township board of any township may divide or change the boundaries of any primary school district regardless of whether such school dis- trict was formed or created under the general school law, or under any local act or special law in accordance with the same rules and in such manner as is prescribed for the forma- tion and alteration of school districts. In those instances in which the school district lies in more than one township, such action shall be taken at a joint meeting of the boards of the various townships interested. (191) 5766. SEC. 2. Hereafter the township board of any township may consolidate school districts regardless of whether such school districts were formed or created under the general school law or created under any local or special law in accordance with the same rules and in such manner as is prescribed for the formation and alteration of school districts. In those instances in which the school districts lie in more than one township, such action shall be taken at a joint meeting of the boards of the various townships inter- ested : Provided, That two or more districts shall not be con- solidated, unless such consolidation, is approved by a major- ity vote of the electors voting at an annual meeting, or a special meeting in each district affected. Am. 1917, Act 136. Districts, when united. Resolution. CONSOLIDATION OF SCHOOL DISTRICTS IN ANNEXED TERRITORY. An Act to provide for the consolidation of school districts in territory annexed to cities with school districts of such cities. [Act 18, P. A. 1917.] The People of the State of Michigan enact: (192) SECTION 1. Where territory is annexed to a city, organized school districts partly or wholly within such terri- tory shall be united with the school districts of such city whenever the governing bodies of any such district and of the city school district, by resolution, agree upon such union. The governing body of either the city district or annexed GENERAL SCHOOL, LAWS. di trict may propose such union by resolution setting forth th' terms thereof, which resolution shall be transmitted to th' other body, and shall bo acted upon by it. Either body sh 11 propose such union when requested by petition of ten pe cent of the voters of its district. A quorum may act in ea h case, and a majority of the body may pass such resolu- ti< Q. When such resolution shall have passed both bodies, a :opy thereof shall be certified to by the secretary of each. sh ill be recorded in the register of deeds' office, and shall, w en so recorded, pass the legal title of the real and per- s uil property of the district in the annexed territory to the di ;trict of the city to which the same was annexed, and shall hi siitticient evidence of such union. (193) SEC. 2. The resolution shall set up the names of tl 3 respective school districts; shall accurately define the 1< tinda ries of the district which it is proposed to unite to tl 4 city district : shall recite the real property owned by said (1 -trict according to its legal description and the personal p operty with reasonable particularity, sufficient to enable it to be accurately identified ; shall recite the bonded indebted- n ss of said district; shall specify whether a part or all of s: id district has been annexed to said city, or whether all or a i accurately bounded part of said district is to be united \* ith the city district ; shall set up that the district passing s ich resolution proposing the union of the districts named; a id shall provide that upon the adoption of the resolution I) . the governing bodies of both districts and the recording of s ich resolution as provided in section one, said city school dis t ict shall acquire the property of the district annexed and t ie latter shall become a part of the former and subject to t ie laws governing it. i 104) SEC. 3. In like manner, when a part only of a district is within annexed territory provision may be made f >r the union of the part annexed only, with the city district by similar agreement. (19r>) SEC. 4. In either case, if the governing body of the city district passes such resolution, and that of the district I artly or wholly annexed does not, the question of such union shall be submitted, by the board of the latter district, to the \oters in the territory proposed tQ be added to the city dis- trict i within thirty days after the resolution is received from the city district |, at a regular election, or a special election, railed for the purpose. If a majority of those voting favor ;uch union, then it shall become effective upon the recording of said resolution and a cert i tied copy of the notice of such "lection and of the canvass of the vote cast on said question. (100) SEC. ~>. When the union herein provided for has een perfected, the officers of the district joined to the city listrict shall as soon as may be account to the city district for the funds and property in their hands as such officers, and shall turn over same to said city district. Upon the 85 Ten per cent petition. Resolution, what to contain. Union of part only. Referendum. Funds and property. 86 STATE OF MICHIGAN. receipt by the latter of such funds and property, such officers shall be released of liability therefor, their official bonds shall be deemed cancelled, and their offices terminate. Where only a fraction of a district is united, such accounting shall be pro rata in the proportion of the population united to the whole population of the district; such officers shall be discharged of liability for the property accounted for ; but shall continue as officers of the balance of the district. (197) SEC. 6. When such union is perfected, the city dis- trict shall assume outstanding indebtedness of the district annexed, or the proper pro rata share thereof, and shall assume and perform all legally binding contracts of such dis- trict, so far as the same apply to the part of said district united to such city, district. Until such union is perfected, all bonds outstanding, and all valid unperformed contracts, and all other liabilities, of such districts in annexed terri- tory shall be and continue valid and enforceable obligations thereof, and said districts shall continue to exercise their powers as such. Debts and contracts. When city school districts consolidated. How proposed. CONSOLIDATION OF SCHOOL DISTRICTS IN INCOR- PORATED CITY. An Act to provide for the consolidation of school districts which are within the limits of any incorporated city. [Act 9, P. A., Ex. Sess. 1919.] The People of the State of Michigan enact: (198) SECTION 1. Whenever any incorporated city of the state shall contain within its limits two separate school dis- tricts, formed or created under the general school law or under any local act or special law, the said school districts may be consolidated into one school district in the manner hereinafter prescribed. (199) SEC. 2. The governing body of either of the sep- arate school districts may propose such union by resolution, setting forth the terms thereof, which resolution shall be transmitted to the other body and shall be acted upon by it. The governing body of either of the separate school districts shall propose such union when requested by petition of ten per cent of the voters of its district. A quorum may act in each case and a majority of the body may pass such resolu- tion. Whenever such resolution shall have passed each body a copy thereof shall be certified to by the secretary of each and filed with the city clerk. The city clerk shall thereupon submit the question of such union to the voters in each school district proposed to be united, at a regular or special election to be called for that purpose. GENERAL SCHOOL LAWS. 87 200) SBC. 3. The resolution shall set up the name of the re pective school districts; shall recite the real property ov ned by said district according to its legal description, and th ! personal property with reasonable particularity sufficient to enable it to be accurately identified ; shall recite the bonded in lebtedness of said district ; and shall provide that when the m jority of the electors of each district shall have voted in fa r or of consolidating the school districts, said consolidated sc 100! district shall acquire the property of each district. (201) SEC. 4. That the procedure in said election, so far aj- the advertising of said election, casting of ballots and the C( inting and recording of same, shall follow, as near as may b< , the method prescribed for city elections within said city, t: cept as herein otherwise provided. (202) SEC. 5. Every citizen of the United States of the a e of twenty-one years or over, male or female, who owns p operty which is assessed for school taxes in such districts, o who is the parent or legal guardian of any child of school a ;e included in the school census of such district and who has r sided in said district at least three months next preceding s .ch election, shall be a qualified voter. (203) SEC. 6. That upon the determination of the result n said election, if it should appear that the majority of the e ectors of each school district shall have voted in favor of c msolidating the school districts, the consolidation shall t icreupon be considered as immediately effective. The new ( msolidated district shall thereafter be considered as created, a ad shall operate under the general school law, the same baing act number one hundred sixty-six of the public acts of nineteen hundred seventeen, as amended. (204) SEC. 7. When the electors of each school district have voted in favor of consolidating the school districts as herein provided, a certified copy of the resolution as adopted ty the governing body of each district, and of the result of the election in each school district, shall be recorded in the register of deeds' office and shall, when so recorded, pass the ligal title of the real and personal property of each district, to the new consolidated school district, and shall be sufficient ( vidence of such union. (205) SEC. 8. When such union is perfected, the consoli- dated school district shall assume outstanding indebtedness of the districts united, and shall assume and perform all legally binding contracts of such districts. Until such union is perfected, all bonds outstanding and all valid unperformed contracts, and all other liabilities, shall be and continue valid ;md enforceable obligations thereof, and said districts shall continue to exercise their power as such. (206) SEC. 9. This act shall not be construed as repealing 3r affecting in any way act number sixty-five of the public icts of nineteen hundred nineteen. Resolution, Election. ducted, n etc. whoquaii- f Consoiida- effective 611 Evidence of union - etc. 88 STATE OF MICHIGAN. School dis- trict, division of. Proviso, notice of. Election inspectors, etc., appoint- ment of. Vacancies, how filled. Registration, when made. Board of election in- spectors, duty of. An Act relative to dividing city school districts into election pre- cincts, and to provide the manner of holding elections therein. [Act 385, P. A. 1913.] The People of the State of Michigan enact: (207) 5850. SECTION 1. In any city school district, the board of education thereof may divide said district into two or more election precincts : Provided, That such division be made at least twenty days previous to the first annual meeting or election held thereafter, and a diagram of the boundaries of each precinct be posted therein, in not less than three of the most public places in each precinct, with a plain description -and the number of the same, not less than fifteen days previous to such meeting or election, and by publishing said notice in a newspaper, if one is published and circulated in said district, for at least three weeks pre- vious to such meeting or election. (208) 5851. SEC. 2. The board of education of any district so divided shall, not less than ten days prior to any meeting or election, appoint the members of the boards of registration, and the inspectors of election and other neces- sary election officers for each precinct of the district, and the secretary of the board shall notify each person so appointed thereof. No person shall serve on such boards, unless he is an elector and resides in the precinct for which he is appointed. (209) 5852. SEC. 3, In case any of the persons so appointed to serve on such boards of registration and election decline to act, or neglect to appear at the time and place designated, the members of the board present or the electors at the polls, may fill any vacancy or vacancies existing. (210) 5853. SEC. 4. After a district has been divided into election precincts under the provisions of this act, the board of education shall order a new registration of the qualified electors to be made in each precinct the Saturday preceding any meeting of the district at which an election is to take place, and it shall be the duty of the board of educa- tion to order a new registration in each precinct every four years from and after the first annual meeting or election held in any district .after it has been divided into precincts under the provisions of this act. (211) 5854. SEC. 5. After the votes have been counted in a precinct at any election, the board of election inspectors shall make out a correct and true statement thereof, in dupli- cate, and certify to the same. One copy thereof shall be deposited in the ballot box and the other shall be delivered to the chairman of the board of election inspectors of the precinct, and it shall be the duty of said chairman to file the said statement with the secretary of the board of education GENERAL SCHOOL LAWS. 89 wii iin twenty-four hours after so receiving the said state- me it. 212) vjnsnri. SEC. 6. The board of education of the dis- Canvass. tri t shall meet at it [its] usual place of meeting on the , w dnesday succeeding an election at ten o'clock in the fore- no< n, and shall, without adjourning, canvass the returns frc n the several precincts of the district and declare tin- res lit of the election. Said canvass shall be open to the pn die. The secretary shall enter the proceedings of such ca- vass upon the records of the district. Jl.'J) 585(1. SEC. 7. Except as provided in this act, Elections, tli manner of conducting elections shall be the same as pro- how ^ eld - vi< ed in the general school laws of the state and any local ac in force in such district. 1*14 > 5S5T. SEC. 8. This act shall not apply to any Application c-ii \- school district now authorized by law to divide such dis- ti -t into election precincts or districts. L'ir :>sr>8. SEC. 9. This act shall apply only to cities idem. of under twenty-five thousand inhabitants. : ection 10 declares this act immediately necessary for (he preservation of the pu lie peace and safety. Ai Act relative to dividing city school districts into election precincts, o provide for the registration of voters and for the holding of elec- ions therein. [Act 275, P. A. 1915.] Sections 2 and 7 of this act are amended by Act 303, P. A. 1919 (see corn- pi 1 ;r's sections 225-28), effective in districts where ratified by electors. The People of the State of Michigan enact: (216) 5841. SECTION 1. The board of education of any Board may school district composed in whole or in part of territory district? 6 si ;uated in any city in this state may divide said district into sv ch number of voting precincts as shall be necessary, and shall provide for the registration of voters, and for elections therein suitable ballot boxes, poll lists and other supplies or ecuipment as may be necessary or proper. Such division si all be made at least sixty days previous to the first elec- tion after this act becomes operative in any district. (217) 584 L\ SKC. 2. A registration of the qualified Registration. el ectors in each district shall be made in each voting pre- c net, and the name, sex and address of each person regis- tering, and whether the owner of property assessed for school tuxes or a parent or legal guardian of children of school as^e. Such registration shall in all respects not herein speci- fied be conducted in the same manner as the registration i -quired or provided for with reference to general elections, Kail laws of the state for preserving the purity of elec- La Wg s and for preventing fraud and corruption shall govern applicable. 90 STATE OF MICHIGAN. Sessions of boards? all elections and registrations under this act so far as the same are applicable. No unregistered person shall be allowed to vote at 'any school election unless such person has quali- fied under oath under the provisions of law regulating elec- when made, tions in cities. The first registration of voters shall be made in each voting precinct in said district on the last Saturday previous to the date' of the annual school election as fixed by law, or of any special election that may be ordered or pro- vided by law, and subsequent registrations shall be made on the last Saturday preceding any election in such district and whenever the board of education may provide for a general registration therein. Boards of registration shall be in ses- sion in the several voting precincts continuously between the hours of three o'clock and eight o'clock in the afternoon on registration days. Am. 1919, Act 303. Effective when ratified by electors in accordance with section 2 of said act. See compiler's sections 225-28. ^ (218) 5843. SEC. 3. The board of education in each district so divided shall appoint three qualified electors in each voting precinct to compose a board of registration and a board of election inspectors. Such appointment shall be made at least ten days prior to the time required for regis- tration and election as the case may be. The same electors may be appointed members of both boards. Each member shall take the constitutional oath of office and shall be entitled to administer oaths to any person in connection with the registration or election. In case of inability or refusal to act, the board of education may fill the vacancy, and in case the members shall not all be present at the time of the opening of the registration or of the polls, the qualified electors present may fill the vacancy. The inspectors of elec- tion shall, immediately after canvassing the votes, make their return thereof and deliver the same to the secretary of the board of education. (219) 5844. SEC. 4. Notice of the time and place of holding any registration or election shall be given by the secretary of the board of education, by posting notice thereof in three public places in each voting precinct in which the registration or election is to be held, at least ten days before the registration or election, and by publication in one or more of the city papers, if any, in the district, at least six times within ten days next preceding the election. If no daily paper is published in the district, the notice shall be published at least once in a weekly newspaper published therein. The notice of election shall contain the names of all candidates for each office to be voted on, and the substance of all special matters, if any, to be submitted thereat. (220) 5845. SEC. 5. The board of education shall con- vene on Thursday next succeeding any election at the usual hour and place of meeting, and canvass the returns, and from the statements filed with the secretary, shall determine Board of registration, etc. Oath of office. Vacancy. Return of yotes. Notice of registration. Canvass. GENERAL SCHOOL LAWS. Who deemed elected. Tie vote. Notification. Oath of office. Nomination by petition. tl i result of the election upon each question and proposition vo ed upon, and what persons were duly elected at said elec- ti a. The secretary shall make triplicate certificates of such d( ;ermination under the corporate seal of the district, show- in j the result of the election upon each question or proposi- ti< n, and what persons were declared elected to the several oi ces respectively, one of which he shall file in the office of tli i county clerk of the county, one in the office of the city cl rk of the city in which such district is situated, and the ot ler shall be filed in his. own office. The person receiving tl j greatest number of votes, as shown by said statements, si ill be deemed to have been duly elected, but if there shall be n choice by reason of two or more candidates having received a) equal number of votes, the board of education shall at tl 3 time of canvassing the votes, determine by lot between s; id persons which one shall be elected to said office. It shall b the duty of the secretary of the board, within five days a ter the determination, to notify in writing each person el icted of his election, and he shall file a written acceptance 01 such election, together with the constitutional oath of 01 ice within ten days after receiving such notice, or the o ice will be deemed vacant.. (221) 5846. SEC. 6. Candidates for members of the b ard of education shall be nominated by petition, which si all be filed with the secretary of the board of education n )t less than ten days nor more than fifteen days prior to tl e date of election. Each petition shall be signed by not 1( 38 than twenty-five qualified registered School electors of tl e district. No elector shall sign the petition for more can- d dates than are to be elected. Said petition shall be sub- si antially in the following form: "We, the undersigned qualified school electors of the (name district) do hereby nominate of si reet, of said district, as a member of the board of education o ? said district." Upon the filing of such petitions the secretary of the board shall place the same in the public files of his office, and for at least five days immediately preceding said election, shall publish the names proposed in a daily newspaper of the dis- t -id. and if there is no daily newspaper in the district, ^tlie names shall be published in all the weekly news- papers of the district for at least one edition during the week li receding the election, and if there shall be no paper pub- 1 shed in the district, he shall post printed lists of such names i i three of the most public places in each school voting pre- cinct in said district one week before the election. The secre- t try of the board of education shall prepare and have printed an official ballot, which shall be in substantially the same form as provided in the general election law, on which shall te placed the names of all who have been duly named for members of said board. In the printing of such ballots the pro visions of the general law of the state for transposing Form. Publication of names. Official ballot. 92 STATE OF MICHIGAN. Proviso, election emblem. Conduct of election. Referendum. Ballot. Re-submis- sion. Form. and alternating the names of candidates shall apply: Pro- vided, That no party emblem or designation shall be placed upon school election ballots. (222) 5847. SEC. 7. Except as provided in this act, the manner of conducting elections shall be the same as pro- vided in the general school laws of this state and any local act in force in such district. Am. 1919, Act 303. Effective when ratified by electors in accordance with section 2 of said act. See compiler's sections 225-28. (223) 5848. SEC. .8. This act shall not be in force or take effect in any district until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any school dis- trict at such time or times as the board of education of such district shall determine, and when submitted, the ballot for voting thereon shall be in substantially the following form : "Shall this school district be divided into voting precincts and registration of voters made and elections hereafter held in such several voting precincts? Yes [ ] No [ ] (224) 5849. SEC. 9. If any election district has elected to come under the provisions of this act, such district may at any time after two years, upon a petition signed by ten per cent of the qualified electors in said district, re-submit the question of the continuance or discontinuance of this act within such district. The form of the proposition for the re-submission of the question shall be drafted by the board of education when submitted at any succeeding special or gen- eral election. Sections amended. An Act to amend sections two and seven of act number two hundred seventy-five of the public acts of nineteen hundred fifteen, entitled "An act relative to dividing city school districts into election pre- cincts ; to provide for the registration of voters and for the holding of elections therein," being sections five thousand eight hundred forty-two and five thousand eight hundred forty-seven of the com- piled laws of nineteen hundred fifteen. [Act 303, P. A. 1919.] The People of the State of Michigan enact: (225) SECTION 1. Sections two and seven of act number two hundred seventy-five of the public acts of nineteen hun- dred fifteen, entitled "An act relative to dividing city school districts into election precincts; to provide for the registra- tion of voters and for the holding of elections therein," being sections five thousand eight hundred forty-two and five thou- sand eight hundred forty-seven of the compiled laws of nine- GENERAL SCHOOL LAWS. i i jen hundred fifteen, are hereby amended so as to read as i )llows : (226) 5842. SEC. 2. A registration of the qualified lectors in each district shall be made in each voting pre- inct, and the name, sex and address of each person register- ig. and whether the owner of property assessed for school ixes or a parent or legal guardian of children of school age. 'iich registration shall in all respects not herein specified be ond ucted in the same manner as the registration required r provided for with reference to general elections, and all iws of the state for preserving the purity of elections and for >reventing fraud and corruption, shall govern all elections nd registrations under this act so far as the same are applic- ble. No unregistered person shall be allowed to vote at any chool election unless such person has qualified under oath inder the provisions of law regulating elections in cities. The irst registration of voters shall be made in each voting pre- inct in said district on the last Saturday previous to the date >t' the annual school election as fixed by law, or of any special lection that may be ordered or provided by law, and subse- jiient registrations shall be made on the last Saturday pre- eding any election in such district, and whenever the board >f education may provide for a general registration therein: 1'rovided. however, The board of education may make pro- vision for the registration of the school electors of said dis- trict on such days and times other than those above men- tioned, as it may deem advisable, and may provide for the registration of qualified school electors by the secretary of the board of education when the boards of registration in the precincts of said district are not in session. Boards of regis- t rat ion shall be in session in the several voting precincts con- tinuously between the hours of three o'clock and eight o'clock in the afternoon on registration days, and such additional hours as the board of education may direct. (227) 5847. SEC. 7. Except as provided in this act, the manner of conducting elections shall be the same as pro- vided in the general school laws of this state and any local act in force in such district: Provided, however, In a school district operating under any local act which fixes the hours during which the polls shall be open for elections, the board of education of said district may determine hours other and ditlerent from those so fixed during which the polls shall be open for elections in said district if it deem the same advis- able: Provided further. In any school district coming within tin- provisions of this act, the board of education shall deter- mine what questions and propositions, other than the issu- ance of bonds, shall be submitted to the vote of the electors of the district voting in precincts as herein provided for, and all other questions, propositions and matters upon which action by a vote of the electors of the district is required or necessary, shall be acted upon at the annual meeting of Registration. How conducted. Unregistered persons. First registration. Subsequent registrations. Proviso, other times. Hours boards in session. Law govern- ing elections. Proviso, local pro- visions. Further proviso, propositions, etc., sub- mitted. Other questions. STATE OF MICHIGAN. Ballot. the voters of the district, or at a special meeting thereof, called and held as provided by law. Referendum. ( 2 28) SEC. 2. This act shall not be in force or take effect in any district, which shall have adopted the provisions of said act number two hundred seventy-five of the public acts of nineteen hundred fifteen, until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any such school district at such time or times as the board of education of such district shall determine, and when sub- mitted, the ballot for voting thereon shall be in substantially the following form: Shall this school district adopt act number of the public acts of nineteen hundred nineteen, amending sections two and seven of act number two hundred seventy- five of the public acts of nineteen hundred fifteen, sections five thousand eight hundred forty-two and five thousand eight hundred forty-seven of the compiled laws of nineteen hun- dred fifteen, said act so amended being "An act relative to dividing city school districts into election precincts; to pro- vide for the registration of voters and for the holding of election therein?" Yes ( ). No ( ). When board to purchase text-books. Proviso. Further proviso. MISCELLANEOUS PROVISIONS RELATIVE TO EDU- CATION AND THE SCHOOLS. TEXT-BOOKS. An Act to regulate the uniformity of, and to provide free school text- books in, public schools throughout the state, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act. [Act 147, P. A. 1889.] The People of the State of Michigan enact: (229) 5781. SECTION 1. From and after June thirty, eighteen hundred ninety, each school board of the state shall purchase, when authorized as hereinafter provided, the text- books used by the pupils of the schools in its district. Text- books once adopted under the provisions of this act shall not be changed within five years: Provided, That the text- book on the subject of physiology and hygiene must be approved by the state board of education and shall in every way comply with section fifteen of act number one hundred sixty-five of the public acts of eighteen hundred eighty-seven, approved June nine, eighteen hundred eighty-seven: And provided further, That all text-books used in any school dis- trict shall be uniform in any one subject. The section above referred to Is section 60. II GENERAL SCHOOL LAWS. 95 FREE TEXT-BOOKS : It has never been claimed that school boards have e jHiw.-r to furnish free text-books except by virtue of special legislation. tion v. Detroit, 80/548. TEXT-BOOKS: The provision of the law that books once adopted shall >t he eli;.iij,'egan to run from the date of such resolution, not from the time the book as completely installed in the school. A resolution of the board to pur- lase con. -liii text books for "supplementary use" shows.no intention to adopt, id is illegal and void. Att'y Gen'l ex rel. Marr v. Bd. of Edu., Detroit ; D. C. eath & Co. v. same, 133 / 681. I 'rider its organic act (Act 233 of 1869) the Detroit board of education mnot buy school books for high school students and sell them at cost. ttorney General v. Bd. of Ed. of Detroit, 175 / 438. (230) 5782. SEC. 2. The district board of each school B * e r ct istrict shall select the kind of text-books on subjects enumer- the kind, ted in section one to be taught in schools of their respective istricts : Provided, That nothing herein contained shall Proviso, eqnire any change in text-books now in use in such district. 'hey shall cause to be posted in a conspicuous place, at least Notice to on days prior to the first annual school meeting from and Question, fter the passage of this act, a notice that those qualified to ote upon the question of raising money in said district shall ote at such annual meeting to authorize said district board o purchase and provide free text-books for the use of .the mpils in said district. If a majority of all the voters as ibove provided present at such meeting shall authorize said >oard to raise by tax a sum sufficient to comply with the pro- risions of this act, the district board shall thereupon make a ist of such books and file one copy with the township clerk ind keep one copy posted in the school, and due notice of such iction by the district shall be noted in the annual report to lie superintendent of public instruction. The district board thall take the necessary steps to purchase such books for the isc of all pupils in the several schools of their district, as leivinnfter provided.* The text-books so purchased shall be Books to be he property of the district purchasing the same, and shall be dist P Hctfetc. loaned to pupils free of charge, under such rules and regula- tions for their careful use and return as said district board may establish: Provided, That nothing herein contained Provi*>. 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 Further shall prevent any district having once adopted or rejected pro free text-books from taking further action on the same at any subsequent annual meeting. 1) 5783. SEC. 3. It shall be the duty of the dis- B n a t r r d a *? trict board of any school district adopting free text-books with pub- provided for in this act to make a contract with some dealer 1 irs ' et or publisher to furnish books used in said district at a price not iriv;iter than the net wholesale price of such books: Pro- Proviso. video 1 . That any district may, if it so desires, authorize its district board to advertise for proposals before making sueh ntraet. 96 STATE OF MICHIGAN. Board to make annual estimate of amount to be raised. When director to purchase books, etc. Refusal or neglect of duty a mis- demeanor. Penalty. Proviso. Further proviso. In cities, boards may submit ques- tions to voters of district. (232) 5784. SEC. 4. The district board of every school district in the state adopting free text-books under this act shall make and prepare annually an estimate of the amount of money necessary to be raised to comply with the condi- tions of this act, and shall add such amount to the annual estimates made for money to be raised for school 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 respective district boards for school purposes, and when collected shall be paid to the dis- trict treasurer in the same manner as all other money belong- ing to said district is paid. (233) 5785. SEC. 5. On the first day of February next after the tax shall have been levied, the director of said dis- trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for price of the books so purchased, including the cost of trans- portation. (234) 5786. SEC. 6. If the officers of any school dis- trict, which has so voted to supply itself with text-books, shall refuse or neglect to purchase at the expense of the dis- 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 member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be liable* to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board : Provided further, That school districts in cities organized under special charters shall be exempt from the provisions of this act, but such districts may, when so authorized by a majority vote of their district boards, sub- mit the question of free text-books to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. SPECIAL CHARTERS : The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this section, was held absolutely void. Bd. of Ed. v. Detroit, 80 / 551. (IEXERAL SCHOOL LAWS. 97 An Act to regulate the sale, exchange, and use of school text-books \ thin this state, to provide penalties for the violation hereof, and t repeal act number three hundred fifteen of the public acts of i neteon hundred thirteen, entitled "An act to regulate the sale of s hool text -hooks," the same being sections five thousand seven hun- ( -ed eighty-seven to five thousand seven hundred ninety-eight, i elusive, of the compiled laws of nineteen hundred fifteen. [Act 380, P. A. 1919.] The People of the ^tate of Michigan enact: 235) SECTION 1. No board of education or school oilicial in my school district in this state shall purchase, procure by ox liange, adopt, or permit to be used in the schools of any su h district any school text-book which is not listed with th superintendent of public instruction as hereinafter pro- vi< ed. Any person, firm or corporation desiring to offer sc iOol text-books for adoption, sale, or exchange in the state of Michigan shall file with the superintendent of public in truction copies of all such text-books together with a sworn st tement of the usual list price, the lowest net wholesale pi .ce, and the lowest exchange price at which said book is so d or exchanged for an old book on the same subject of like gi ide and kind but of a different series. No text-book shall be listed by the superintendent of public instruction unless th 3 person, firm, or corporation offering the same shall enter into a written contract with the superintendent of public instruction, acting on behalf of the state of Michigan and the school districts thereof, which said contracts shall ci ibrace the following terms and conditions : (a) That said person, firm, or corporation will furnish any of the books listed in said statement, and in any other" sta te- rn snt subsequently filed by him, at any time within a period of one year after such filing, to any such district or any school corporation in the state of Michigan at the lowest piice contained in said statement, and that said prices shall be maintained uniformly through the state; (b) That the prices, as set forth in said statement, shall be automatically reduced in the state of Michigan whenever reductions are made elsewhere in the United States, after Jmnary one, nineteen hundred eighteen, so that at no time shall any book so filed and listed be sold or offered for sale by such person, firm, or corporation in the state of Michigan at higher net prices than are received for such book else- where in the United States, and regardless of whether such book is so sold or offered for sale elsewhere in accordance vith the terms of a contract, or otherwise; (c) That all text-books offered for sale, adoption, use, or exchange jn the state of Michigan shall be at least equal in ruality to those deposited in the office of the superintendent <. f public instruction as regards paper, binding, printing, illus- Sc-hool officers to procure listed books. Duty of pub- lisher, etc. Contract required. Conditions, etc. Agreement to furnish, etc. Automatic reduction. quality. 98 STATE OF MICHIGAN. Combina- tions, etc. Right to cancel filings. trations, subject matter and any and all other particulars affecting the value of such text-books; editions W That in case an y abri( lged or special edition of any of the books so listed by any person, firm, or corporation is prepared thereby and is offered for sale elsewhere in the United States at lower wholesale prices than the net whole- sale price of said book, or books, according to the statement filed with the superintendent of public instruction, said per- son, firm or corporation shall file a copy of such special edi- tion together with the price therefor with the superintendent of public instruction, and shall sell and offer the same for sale for use in the public schools of the state of Michigan at the lowest net prices at which said book is sold or offered for sale elsewhere in the United States ; (e) That the person, firm, or corporation shall not enter into any understanding, agreement, or combination to control the prices of school text-books or to restrict competition in the sale thereof for use in the public schools of the state of Michigan ; (f ) That the superintendent of public instruction may, if he ascertains at any time that any person, firm, or corpora- tion listing books with him as herein provided is selling or offering for sale any such book or books elsewhere in the United States at lower prices than those for which said book or books are sold or offered for sale in the state of Michigan, cancel all filings on the part of any such person, firm, or cor- poration, and remove from the list hereafter referred to all books sold or offered for sale by such person, firm, or corpora- tion: Provided, That nothing in this act shall be construed to disturb contracts entered into with school boards previous to January first, nineteen hundred nineteen. (236) SBC. 2. The superintendent of public instruction shall not enter into any contract, as above provided, unless and until the person, firm, or corporation seeking to have its books listed hereunder shall enter into a bond to the people of the state of Michigan in the penal sum of five thousand dollars conditioned for the faithful execution of the terms of the contract. Said bond shall be subject to the approval of the attorney general of the state and shall be executed as surety by some responsible surety company authorized to carry on its business within the state of Michigan. Any school district, school board, or any person who is aggrieved by any breach of the contract aforesaid may bring suit on said bond to recover the actual damages sustained. Said bond shall also specify that in case of suit thereon in the name of the people of the state of Michigan as hereinafter provided, the amount of said bond shall be regarded as liquidated dam- ages for the breach of the contract secured. (237) SBC. 3. If any contract executed hereunder or any bond securing the same expires and is not renewed, or if the superintendent of public instruction ascertains and deter- Proviso, existing contracts. Bond. Approval. Recovery of damages. How bond regarded in case of suit. When listings cancelled. GENERAL SCHOOL LAWS. mi tes at any time that the conditions of said contract have be- a violated, he shall cancel the listings of any person, firm, or corporation so in default; and therefrom and thereafter no text-books sold or ojfered for sale by any such person, firm, or corporation shall be purchased or taken by exchange or otl erwise by any school board, school district, or school ofl 3ial within this state. 238) SEC. 4. The superintendent of public instruction sh 11 annually, and at such other time or times as he may <1< in expedient, publish and send to each board of education wi ,hin tlie state a copy of all lists of school text-books then in fo ce in his oflice showing the prices at which such books may be purchased. Any list so issued shall remain effective until su >erseded or cancelled. No school text-book shall be pur- el iscd, adopted, or used for or in the schools of any school di trict within the state unless the same is contained in the Ink so put forth by the superintendent of public instruction ai d in effect at the time of the purchase, adoption, or ex change. In no case shall any filing by any person, firm, or cc ^poration become effective until the publication of a list by tli 3 superintendent of public instruction. (L'M'.H SEC. 5. It shall be the duty of all school superin- 1< i dents and principals and school officials in the various dis- ti cts of the state to notify the county commissioner of schools ot the county, in which such district may be, of any violation of any of the terms or conditions of said contract or said bond tl at shall come to their knowledge. In school districts in eluded in whole or in part within the limits of any incor- IM rated city, such report shall be made to the board of educa- ti >n of the district and said district shall thereupon inform tie county commissioner of schools of the occurrence. If, alter investigation, said county commissioner of schools con- cludes that there is good ground for believing that the con- tiact or bond has been violated, he shall immediately report tl e matter to the superintendent of public instruction. Said si perintendent shall, upon receipt of any such report, cause tie same to be investigated, and if he finds that such viola- tion has in fact occurred, he shall cancel all listings of the person, linn, or corporation in default and shall notify the boards of education of the various school districts of the state of such cancellation, and that the published list of school text-books is modi tied by striking therefrom the names of all b)oks sold or offered for sale by such person, firm, or corpora- t on. The superintendent of public instruction may, in his discretion, declare the contract entered into with any such person, firm, or corporation to be terminated as to future t ansactions, and he may refuse thereafter to enter into any Bew contract therewith. In case any contract made here- i nder is thus terminated, an action on the bond may be 1 ro ught in the name of the people of the state of Michigan ty the attorney general and the amount of such bond shall be Publication of lists. Hunks not used unless listed. When filing effective. Violations reported. When listings camvlled. May termi- nate contract. Action on bond. 100 STATE OF MICHIGAN. Inducement for sale, etc., prohibited. Proviso, sample copies. Retail dealer's profit. Districts may purchase, etc. deemed to be liquidated damages sustained by the people of the state for and on account of such breach. (240) SEC. 6. No person shall secure or attempt to secure the sale of any school text-books in any school district in this state by rewarding or promising to reward any teacher in any school in the state or by securing for him any position in any other school. No person shall offer or give any emolu- ment, money, or other valuable thing, promise of work, or any other inducement to any teacher or school officer in any school district for any vote or promise of vote or for the use of his influence for any school text-books to be used in this state: Provided, That nothing in this -section shall be con- strued to prevent any person from giving, or any school officer or teacher from receiving, a reasonable number of sample copies of school text-books for examination with a view to obtaining information as to the book or series of books for which such officer shall give his vote. (241) SEC. 7. It shall be unlawful for any retail dealer in text-books to sell any books listed with the superintendent of public instruction as hereinbefore provided at a price to exceed fifteen per cent advance on the net wholesale price as so listed, and the cost of transportation. (242) SEC. 8. School districts are hereby authorized to purchase text-books from the publishers at the prices listed with the superintendent of public instruction as hereinbefore provided and to sell said books to the pupils at said listed prices or at such prices as will include the cost of trans- portation and the cost of handling. (243) SEC. 9. School districts are hereby authorized to purchase text-books from the publishers at the prices listed with the superintendent of public instruction as hereinbefore provided and to designate a retail dealer or dealers to act as the agent of the district in selling text-books to pupils. The said dealer or dealers shall at stated times make settlement with the district for such books as have been sold up to the stated time. Said dealer or dealers shall not sell text-books at a price which shall exceed a ten per cent advance on the net wholesale price as listed with the superintendent of public instruction. '(244) SEC. 10. When a family removes from one school district to another within this state, the treasurer shall pur- chase out of the general fund the text-books in actual use by the children of said family if said children are attending the public schools in such district. The price to be paid shall be based on the condition of the books and the same may be resold by the school district to other pupils moving into such district. (245) SEC. 11. Any school official or member of any school board or other person violating or knowingly permit- ting or consenting to any violation of the provisions of this act shall be deemed to be guilty of a misdemeanor and on May desig- nate retailer as agent. Purchase of books when family moves. Price. Penalty. GENERAL SCHOOL LAWb. 101 c< aviction shall be punished by a fine not exceeding five d ed dollars, or by imprisonment in the county jail not exceed- ii i three months, or both such fine and imprisonment in the d scretion of the court. (246) SEC. 12. Act number three hundred lit'teen of the Act repealed, p .blic acts of nineteen hundred thirteen, entitled "An act 1<> i*i gulate the sale of school text-books," the same being sect ions fi e thousand seven hundred eighty-seven to five thousand 8 ven hundred ninety-eight, inclusive, of the compiled laws <>f n neteen hundred fifteen, and all other acts or parts of acts c ntravening the provisions of this act are hereby repealed : I .-ovided, however, That any right or cause of action that may Proviso, b ive accrued under said act number three hundred fifteen, or pending, r ider any other law repealed hereby, may be enforced, or I 'osecuted notwithstanding the provisions hereof. SYSTEM OF HUMANE EDUCATION. / n Act to provide a system of humane education, which shall include kind treatment to domestic and wild animals and birds. [Act 227, P. A. 1913.] The People of the State of Michigan enact: Education in public schools. Teaching of kindness, etc. (247) 5871. SECTION 1. For the purpose of lessening c rime and raising the standard of good citizenship, and incul- cating the spirit of humanity, such humane education shall 1 e given in the public schools as shall include the kind and j ist treatment of horses, dogs, cats, birds, and all other a nimals. (248) 5872. SEC. 2. In every public school within this state, a portion of the time shall be devoted to teaching the 1'U pi Is thereof kindness and justice to, and humane treatment j nd protection of, animals and birds, and the important part they fulfill in the economy of nature. It shall be optional HOW taught, with each teacher whether such teaching shall be through 1 u mane reading, stories, narratives of daily incidents or illus- trations taken from personal experience. This instruction rart of study fhall be a part of the curriculum of study in all the public * chools of the state of Michigan. (249) 5873. SEC. 3. The principal or teacher of every i chool shall certify in his or her reports that such instruction has been given in the school under his or her control. Certified reports. 102 STATE OF MICHIGAN. KINDERGARTEN WORK. Duty of district board. Qualifica- tions of teachers, etc. What chil- dren entitled to instruc- tion. Act to apply to certain other schools. An Act authorizing the introduction of the kindergarten method in the public schools of this state. [Act 119, P. A. 1891.] The People of the State of Michigan enact: (250) 5799. SECTION 1. That in addition to the duties imposed by law upon the district board of every school dis- trict in this state, they shall also be empowered to provide a suitable room or apartment for kindergarten work, and to supply their district respectively with the necessary appar- atus and appliances for the instruction of children in what is known -as the kindergarten method. As to certificates, and payment of kindergarten teachers, see section 254. (251) 5800. SEC. 2. In the employment of teachers it shall be competent for such district board to require qualifi- cations for instruction of children in kindergarten methods, and the district board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe. (252) 5801. SEC. 3. All children residing within the district between the ages of four and seven shall be entitled to instructions in the kindergarten department of such dis- trict school. (253) 5802. SEC. 4. The powers and duties herein imposed or conferred upon the district shall also be and the same are hereby imposed and conferred upon the school trus- tees 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. When teachers legally qualified. QUALIFICATIONS OF KINDERGARTEN, MUSIC AND DRAWING TEACHERS. An Act to define the legal qualifications of kindedrgarten, primary, music, domestic science and art, manual training, commercial, physical training, and drawing teachers in the state, (a). [Act 166, P. A. 1901.] The People of the State of Michigan enact: (254) 5803. SECTION 1. Any person who is a graduate of any kindergarten training school, whose course of study covers at least two years of work and is approved by the (a) Title amended 1917, Act 265. GENERAL SCHOOL LAWS. perin tendent of public instruction of this state, and who Ids also a teacher's certificate or a diploma from a repu ft lie college or from a high school having a four years' hi<;li s< 100! course, may be granted a kindergarten and primary c rtificate l>y said superintendent of public instruction, and si ch person holding such certificate shall be considered a 1( jally qualified kindergarten and primary teacher; and any d strict board shall be authorized to pay such teacher for ii struction in the kindergarten and primary grades from the s. me fund, and in the same manner as other teachers are n >w paid. A.m. 1917, Act 265. See sections 250-53. (255) 5804. SEC. 2. Any person who has finished a c >urse of at least two years in music, domestic science and certificate. a -t, manual training, commercial branches, physical train- i g or drawing in the university of the state of Michigan, or i i any of the state normal schools, or in any college incor- y )rated under the general laws of the state, or in any other i istitution whose course of study is acceptable to the super- i itendent of public instruction, and who shall present to s lid superintendent of public instruction a statement from t le proper authorities of the institution certifying to the f ict of the completion of the required amount of work, may I' granted respectively 'a music teacher's certificate, a domes- c science and art teacher's certificate, a manual training \ Mcher's certificate, a commercial teacher's certificate, a j hysical training teacher's certificate, or a drawing teacher's certificate; and any person holding such certificate shall be considered a legally qualified teacher in the subject named i i the certificate ; and any district board or board of educa- tion shall be authorized to pay such teacher for instruction ia the subject for which such teacher is thus qualified from the same fund and in the same manner as other teachers are T ow paid. Am. Id. (256) 5805. SEC. 3. Any person who has finished a course of at least two years in music under a private instruc- certificate, lor, and who shall pass an examination satisfactory to the musical director of any state normal school in Michigan, may be granted a music teacher's certificate as provided in section wo hereof. 104 STATE OF MICHIGAN. Instruction, how given. Text-books, approval of. Penalty. STUDY OF DANGEROUS DISEASES. An Act to provide for teaching in the public schools the modes by which the dangerous communicable diseases are spread, and the best methods for the restriction and prevention of such diseases. [Act 146, P. A. 1895.] The People of the State of Michigan enact: (257) 5807. SECTION 1. 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 preven- tion of each such disease. Such instruction shall be given by the aid of text-books on physiology, supplemented by oral and blackboard instruction. From and after July first, nine- teen hundred ten, no text-book on physiology shall be adopted for use in the public schools of this state, unless it shall give at least one-eighth of its space to the causes and prevention of dangerous communicable diseases. Text-books used in giving the foregoing instruction shall, before being adopted for use in the public schools, have that portion given to the instruction in communicable diseases approved by the state board of health to the state board of education. (258) 5808. SEC. 2. Neglect or refusal on the part of any superintendent or teacher to comply with the provisions of this law shall be considered a sufficient cause for dismissal from the school by the school board. Any school board wil- fully neglecting or refusing to comply with any of the pro- visions of this act shall be subject to fine the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this state, including schools in cities or villages, whether incorporated under special charter or under the general laws. Duty of boards. OPTIONAL COUKSE OF MILITARY TRAINING IN HIGH SCHOOLS. An Act to require the establishment of an optional course of military training in all high schools in this state. [Act 185, P. A. 1917.] The People of the 'State of Michigan enact: (259) SECTION 1. Hereafter it shall be the duty of all boards of education or boards of trustees of school districts maintaining one or more high schools within their respec- GENERAL SCHOOL LAWS. 10r> 1 ve districts to establish a course of military training for .^ ich high school or schools, such course to be optional with 1 le students of such high schools: Provided, That nothing Proviso. I erein contained shall apply to cities or villages having less 1 lan five thousand population: Provided further, That when Fur v t . h r 1 ss than twenty-five male students elect to take such course, l i le board of education may discontinue said course until such i me as twenty-five male students request the re-establish - i lent of said course. (260) SEC. 2. Failure or neglect upon the part of any Penalty. 1 oard of education or board of trustees of any school dis- Irict to maintain a course of military training, as provided i this act, shall subject said hoard to removal from office, Her a hearing with proper notice, by the state superin- endent of public instruction. F1R1-: 1 HULLS IN SCHOOLS. [Extract from Act 178, P. A. 1915.] (2G1) 9116. SEC. 10. It shall be the duty of the state J3JJ d i 1UB In ire marshal and deputy and assistant fire marshals to require eachers of public and private schools and educational insti- utions to have one fire drill each month and to keep all doors md exits unlocked during school hours, and it shall be the luty of sucli teachers to comply with these requirements. PUBLICATION OF PKOCEEDINGS OF ANNUAL SCHOOL MEETINGS. \n Act to provide for the publication of the proceedings of the annual school nun-ting, and an annual financial statement in graded school districts in which a newspaper is published, and to provide for the expense thereof, (a) [Act 185, P. A. 1897.] (262) 5809. SECTION 1. Previous to the first Monday Publication in August of each year the board of education or board of trustees, as the case may be, of each graded school district in this state shall cause to be published in a newspaper pub- lished in said district, or in the county in which said district is located, said newspaper to be designated by said board of education, a complete statement of the proceedings of the annual school meeting, and an itemized financial statement of the receipts and expenditures of said district during tho preceding school year, the expense of said publication to be paid out of the general fund of the district and proof of said publication shall be filed in the office of the superintendent (a) Title amended, 1019, Act 350. IOC STATE OF MICHIGAN. of public instruction not later than August fifteenth of each and every year. Am. 1917, Act 269 ; 1919, Act 350. Penalty for neglect. (263) 5810. SBC. 2. If any board of education or board of trustees shall fail or neglect to comply with the provisions of this act each member of any such board shall forfeit the sum of ten dollars upon conviction thereof in any court of competent jurisdiction. Flags and appliances to be purchased. Time for displaying. Expense to be defrayed from school moneys. Penalty. DISPLAY OF U. S. FLAGS. An Act to provide for the purchase and display of United States flags in connection with the public school buildings within this state. [Act 56, P. A. 1895.] The People of tlie State of Michigan enact: (264) 5811. SECTION 1. That the board of education or the board of school trustees in the several cities, town- ships, villages and school districts of this state shall pur- chase 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 dis- play said flag upon, near, or in a conspicuous place within, the public school building during school hours and at such other times as to the said board may seem proper; and that the necessary funds to defray the expenses to be incurred herein shall be assessed and collected in the same manner as moneys for public school purposes are collected by law. And the penalties for neglect of duty provided in section two, chapter thirteen of the general school laws, shall apply to any school officer refusing to comply with the provisions of this act. Holidays. OBSERVANCE OF HOLIDAYS. An Act designating the days to be observed as holidays in the public schools of this state. [Act 11, P. A. 1911.] The People of the State of Michigan enact: (265) 5823. SECTION 1. The following days, namely, the first day of January, commonly called New Year's day, the thirtieth day of May, commonly called Memorial day, the fourth day of July, commonly called Independence day, the GENERAL SCHOOL LAWS. 107 Proviso, salaries not affected. Further JJbservaiice of other days - fi st Monday of September, commonly called Labor day, and tl e twenty-fifth day of December, commonly called Christ- n is day, all Saturdays and all days appointed or recom- n 3nded by the governor of this state or the president of the T aited States as days of fasting and prayer or thanksgiving s all, in all the public schools of the state, be treated and considered as public holidays and on such above specified d lys there shall be no school sessions in any of such public s hools of this state: Provided, That the salary of school , , J f c ficers and teachers shall be in no way affected by reason of t le dismissal of school on any of the above mentioned days : 1 rovided further, That on the following days, namely, the 1 velfth day of February, commonly called Lincoln's birthday, t le twenty-second day of February, commonly called Washing- i )n ? s birthday, the seventeenth day of September, being the < ate of the adoption of the federal constitution, the twelfth < ay of October, commonly called Columbus day, the twenty- f eventh day of October to be known as Roosevelt's birthday, . nd the eleventh day of November, commonly called Liberty ay, it shall be the duty of all school officers and teachers to lave the schools under their respective charge observe such nentioned days, namely, the twelfth day of February, the wenty second day of February, the seventeenth day of Sep- ember, the twelfth and twenty-seventh days of October, and he eleventh day of November, by proper and appropriate ommemorative exercises, and such days shall not be con- sidered as legal holidays for schools. Any .teacher neglecting to perform the duty hereby imposed shall be liable to have his or her certificate revoked by the county commissioner of schools or by the superintendent of public instruction. Penalty for comply. Am. 1919, Act 72. (266) 5824. SEC. 2. Hereafter in all examinations for eighth grade diplomas, all applicants shall be required as a grade part of said examination to write from memory the first verse d of the Star Spangled Banner and the words of America. Let to provide for the observance of "Carleton day" in the schools of Michigan. [Act 51, P. A. 1919.] The People of the State of Michigan enact: (L'fJT) SECTION 1. The twenty-first day of October in each Carleton I year shall be observed with appropriate exercises in the schools of Michigan as "Carleton day" in memory of Will Carleton, Michigan's pioneer poet. Whenever said twenty- first day of October shall fall on other than a school day, the 108 STATE OF MICHIGAN. superintendent of public instruction shall designate the day nearest such twenty-first day of October as "Carleton day." observed ^ n sucn day ^ sna ll be the duty of each teacher of any grade above the fifth grade to read, or cause to be read, to his or her pupils at least one of the poems of Will Carleton and may, in addition, provide such other proper and fitting observance of such Carleton day as they may desire. Reports to be made to superintend- ent of public instruction. Contents of report. RETURNS FROM ACADEMIES. An Act requiring certain returns to be made from incorporated acad- emies, and other literary institutions. [Act 19, S. L. 1839.] Be it enacted by the Senate and House of Representatives of the State of Michigan: (268) 10674. SECTION 1. That it shall be the duty of the president of the board of trustees of every organized acad- emy, or literary or collegiate institution, heretofore incor- porated or hereafter to be incorporated, to cause to be made out by the principal instructor, or other proper officer, and forwarded, by mail or otherwise, to the office of the super- intendent of public instruction, between the first and fifteenth days of December, in each year, a report, setting forth the n mount and estimated value of real estate owned by the cor- poration, the amount of other funds and endowments, and the yearly income from all sources, the number of instructors, the number of students in the different classes, the studies pursued, and the books used, the course of instruction, the terms of tuition, and such other matters as may be specially requested by said superintendent, or as may be deemed proper by the president or principal of such academies or institutes, to enable the superintendent of public instruction to lay before the legislature a fair and full exhibit of the affairs and condition of said institutions. Regents may grant certificates. TEACHERS' CERTIFICATES. An Act to authorize the regents of the university of Michigan to grant teachers' certificates in certain cases, and to repeal act one hundred forty-four of the public acts of eighteen hundred ninety-one, and all other acts or parts of acts contravening the provisions of this act. [Act 213, P. A. 1903.] The People of the State of Michigan enact: (269) 5812. SECTION 1. The regents of the university of Michigan, through the faculty of the department of litera- ture, science and the arts, may grant to every person receiving GENERAL SCHOOL LAWS. 109 Certificate may be annulled. a 1 ichelor's, master's or doctor's degree, and also a teacher's dij loma for work done in the science and the arts of teaching in jaid university, a certificate which shall serve as a legal eei tificate of qualification to teach in any of the schools of th * state, when a copy thereof shall have been filed or re< arded in the offices of the legal examining officer or officers of the county, township, city or district where such person ex >ects to teach. Such certificate shall not be liable to be ai nilled except by the said board of regents; but its effect m. y be suspended in any county, township, city or district a i 1 the holder thereof may be stricken from the list of quali- tii 1 teachers in such .county, township, city or district by the U al exa mining officer or officers of the said county, to vnship, city or district for any cause and in the s*i ne manner that such examining officer or officers m iy be by law authorized to revoke certificates granted by li nself or themselves, and such suspension shall continue in l< re until revoked by the authority suspending: Provided, Proviso. T tat the said board of regents may recognize and give credit l'< f work done in other educational institutions in the science a d art of teaching, if said work is equivalent to the work d ne in the university of AHchigan. Sec. 2 repeals Act 144, P. A. 1891. A-t to authorize the state board of education to grant teachers' certificates in certain 'cases. [Act 136, P. A. 1893.] The People of the State of Michigan enact: (270) 5814. SECTION 1. The state board of education it; hereby empowered to grant teachers' certificates without examination to any person who has received a bachelor's, master's or doctor's degree from any college having a course cf study actually taught in such college of not less than four ;\ears in addition to the preparatory work necessary for i dmission to the university of Michigan, and in addition to ( r as a part of such work a course in the science and art of teaching of at least one college year of five and a half hours per week, and in connection with this special course each student shall have had opportunity for observation of the actual work done in the grades of and high schools of the niblic schools. The special course of study herein prescribed hall have been approved by the state board of education )efore any graduate of such institution shall receive a earhers' eei -tit'irate. and before any certificate shall be issued i" any person the faculty of such college shall give to the <>1 examiner under that law, as amended by Act 266 of 1887, see Conrad Stone, 78 / 635. ELECTION OF EXAMINERS : The appointment by a board of supervisors a member of the board of examiners is the transaction of ordinary busi- is for which a majority of a quorum is sufficient, and the appointee is ; required to receive the votes of a majority of all the members elected. wland v. Prentice, 143 / 347. Election of county com- missioner of schools. File oath and bond. Proviso as to Chippewa county. 1(278) 5878. SEC. 2. There shall be elected at the elec- >n held on the first Monday in April, nineteen hundred ree, and every fourth year thereafter, in each county, one c >mmissioner of schools, whose term of office shall commence < i the first day of July, next following his or her election, ,) id who shall continue in office four years, or until his or 1 3r successor shall be elected and qualified. The county c >mmissioner of schools elected under the provisions of this f- jction shall file with the county clerk for the county for A hich he or she is elected, his or her oath of office and bond, 1 le same as provided in section one of this act, and the ( 3unty clerk shall make the same report to the superintend- ( at of public instruction in all respects as provided in sec- 1 ion one of this act : Provided, That in the county of Chip- ] ewa the commissioner of schools heretofore elected on the i rst Monday in April, nineteen hundred three, shall hold i ffice until the first day of January, nineteen hundred nine, < r until his successor shall be elected and qualified. Here- ; fter in the said county of Chippewa, a commissioner of ; chools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year hereafter, whose term of office shall commence on the first lay of January next following his or her election: Pro- dded, That in the county of Lake the commissioner of schools leretofore elected on the first Monday in April, nineteen hun- Ired seven, shall hold office until the first day of January, aineteen hundred eleven, or until his successor shall be elected md qualified. Hereafter in the said county of Lake, a com- missioner of schools shall be elected at the general election to be held in nineteen hundred ten and every fourth year there- after, whose term shall commence on the first day of January next following his or her election. Note. See section 11, Chapter 2, Act 203, P. A. 1917, as amended by Act 2, A. 1919, as to the election of county commissioner of schools. (279) 5879. SEC. 3. Persons eligible to hold the office Eligibility, of commissioner of schools must possess the following quali- fications : (a) Twelve months experience as a teacher in the public schools of this state ; (b) Must b<> a graduate of the literary department of some reputable college, university, or state normal school having a course of at least three years: Provided, That the f/^J^. holder of a state teacher's certificate, or of an indorsed first certificate. grade certificate, or of a certificate granted in another state and indorsed by the state board of education of this state, Proviso as to Lake county. 114 STATE OF MICHIGAN. Further proviso. Further proviso. Two regular examinations each year. Schedule published. Certificates, when granted. Proviso. shall be eligible in any county : Provided further, That per- sons who now hold the office of commissioner of schools shall be eligible to succeed themselves: Provided further, That in counties employing less than fifty teachers a person hold- ing at the time of his or her election a second grade certificate shall be eligible in the county where such certificate was granted, unless a person qualified as heretofore provided can- not be secured to fill the position. QUALIFICATIONS OF COMMISSIONER: A high school is not a college within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by law, or one granted without any examination, or one granted upon public examina- tion after election as commissioner, does not qualify. Holding the office of secretary of the board of examiners under Act 266 of 1887 (amendatory of chap. 12 of the primary school law, now superseded) is not a qualification. People v. Howlett, 94 / 165. The legislative intent is to keep up the standard of teachers by requiring certain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work. People v. Howlett, 94 / 169. In the case of Attorney General v. Lewis, 151 / 81, it was held that persons elected to the office of commissioner, and, holding the same after the amendment of 1895, are eligible, since the statute is still the act of 1891 notwithstanding its amendments. (280) 5880. SEC. 4. The board of school examiners shall, for the purpose of examining all persons who may offer themselves as teachers for the public schools, hold two regu- lar public examinations in each year at the county seat, which examinations shall begin on the last Thursday of April and the second Thursday of August of each year. From these two examinations certificates of all grades may be granted. It shall be the duty of the county commissioner to make out a schedule of the times and places of holding such examina- tions and to cause it to be published in one or more news- papers of the county at least ten days before each exam- ination. People v. Howlett, 94 / 170. (281) 5881. SEC. 5. The board of school examiners shall meet on the Saturday of the week following each public examination held according to the provisions of section four of this act, and shall grant certificates to teachers in such form as the superintendent of public instruction shall pre- scribe, licensing as teachers all persons who have attained the age of eighteen years, who have attended such public examinations and who shall be found qualified in respect to good moral character, learning and ability to instruct and govern a school, but no certificate shall be granted to any person who shall not have passed a satisfactory examination in orthography, reading, writing, grammar, geography, arith- metic, theory and art of teaching, United States history, civil government, physiology and, hygiene with reference to the effect of alcoholic drinks and narcotics upon the human sys- tem, school law, agriculture, and the course of study for the district schools of Michigan prepared by the superintendent of public instruction : Provided, That no certificate shall be GENERAL SCHOOL LAWS. 115 g anted under the provisions of this act to any person who B' all not have completed a term of at least six weeks' work in p ofessional training in a state normal school or in one of tl e county normal training classes of the state or any normal t' aining school conducted by any municipality in the state, or i any school approved by the state superintendent of public i st ruction; but the completion of one-half year of work in a hool maintaining four years of work above high school rank all be accepted in lieu of this requirement. This proviso. h >wever, shall not apply to persons who have taught in the s hools of the state for at least five months prior to July one, i neteen hundred sixteen: Provided further, That no certiti- c ite shall be granted under the provisions of this act to any I arson who, having arrived at the age of twenty-one years, is i ot a citizen of the United States: Provided further. That ; ny commissioner may, upon the request of any holder of a > M-ond or third grade certificate, send the papers written by > ich person, properly certified and under seal, to the county 1 oard of school examiners of any other county for its exani- i lation. and such board of school examiners may in its dis rei ion, receive such papers and if it accept them shall treat idem in the same manner as if written at a public examina- tion in its own county: Provided further, That the board of < xaniiners shall have the right to renew without examina- 1 ion the certificates of any persons who shall have previously ; ttained an average standing of at least eighty-five per cent in all the studies covered in two or more previous examina ions, and who shall have been since such last named exam Hat ion continuously and successfully teaching in the public chools : Provided further, That an indorsed first grade cer- iticate may be renewed in the county where issued or in the onntv where the holder may be teaching at the time of its xpiration. All certificates shall be signed by the county onnnissioner and by at least one of the members of the board )f examiners. No person shall be considered a qualified teacher within the meaning of this act, nor shall any school Dfficer employ or contract with any person to teach in any of (he public schools under the provisions of this act who has not a certificate in force granted by the board of school exam iners or other lawful authority. All examination questions shall !>< prepared and furnished by the superintendent of public instruction to the county commissioner under seal, to be opened in the presence of the applicants for certificates on the day of examination. People v. Hewlett, 94 / 170 ; O'Leary v. Sch. Dist., 118 / 469 A contract Is invalid, unless the teacher, at the time of making the same Further proviso. Further proviso, second or third grade certificate. Further proviso. Further proviso. Quost i..n.> (282) 5882. SEC. 6. There shall be three grades of cer- Gradea of ificates granted by the board of school examiners in its dis- c cretion and subject to such rules and regulations as the super- 116 STATE OF MICHIGAN. Further proviso. intendent of public instruction may prescribe, which grades First grade, 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 Proviso. throughout the state for four years : Provided^ That all exam- ination papers for first grade certificates favorably passed upon by the board of examiners, together with such certifi- cate, shall be forwarded to the superintendent of public instruction within ten days from date of examination for inspection : Provided further, That any applicant for a first grade certificate who feels that the county board of school examiners has not given his papers the credit due them, may order them sent to the state superintendent of public instruc- tion for inspection; and if the standings given by the state superintendent of public instruction are sufficient for his indorsement of the certificate, the county board of school examiners shall issue such certificate, unless it shall give rea- sons satisfactory to the superintendent of public instruction for withholding the same: And provided further, That no first grade certificate shall be valid in any county other than that in which it is granted, unless approved and counter- signed by the superintendent of public instruction and a copy filed with the county commissioner in the county in which the holder of said certificate desires to teach. The certificate of the second grade shall be granted only to those who shall have taught at least seven months with ability and success, and it shall be valid throughout the county for which it shall be granted for three years, and such certificate may be trans- ferred to another county as provided in section five of this act. The certificates of the third grade shall be divided into two classes known as A and B. Third grade certificates of class A shall be granted only to persons who have taught suc- cessfully and continuously for at least three years next pre- ceding the examination in primary departments of graded schools, and the 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, and such certificate may be trans- ferred to another county in the same manner that second grade certificates are transferred in section five of this act; but no more than three certificates of this class shall be granted to the same person : Provided, That third grade cer- tificates granted at the April examination shall be good until the thirtieth day of June of the following year: Provided further, That the county commissioner shall have power, upon personal examination in the third grade branches satisfac- tory to himself or herself, to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted, but such certificate shall not con- tinue in force beyond the time of the next public examina- Further pro- viso, how validated outside* county. Second grade. Third grade. Class A. Class B. Proviso, April exam- ination. Further pro- viso, personal examination. GENERAL SCHOOL LAWS. 117 C ina tioi 94 can she Lee leg, aft Sol S lav issi Th> me tifi let Revocation of certificates. Duty of com- missioner when charges preferred. tio i, and in no case shall a second special certificate be gr; ated the same person within three years. 1RTIFICATES : A certificate issued to one who has not taken an exam- on at all and whose qualifications are not ascertained upon an examina- is not such a certificate as the law provides for. People v. Hewlett, 170-1. The action of the board of examiners in refusing a certificate ot be questioned by the rejected applicant in a suit to recover wages would have earned under her contract but for such adverse action. v. Sch. Dist., 71 / 361. A certificate, issued for three years, cannot be ly extended by the secretary, by being changed to read for four years, the board of examiners who issued it have gone out of office. Bryan v. Dist., Ill / 67. 'ECIAL CERTIFICATES: The secretary of the board (under the old had no right, after the refusal of the board to grant a certificate, to j a special certificate to the rejected applicant. Lee v. Sch. Dist., 71 / 361. object of a special certificate is to bridge over the time between the com- c'in<>nt of a school and the next meeting of the examiners and such a cer- ite has life only until the next regular examination. Id. ; People v. How- 94 / 170. i'S3) 5883. SEC. 7. The board of school examiners in: y suspend or revoke any teacher's certificate issued by th m for neglect of duty, incompetency, or immorality, or to any other reason which would have justified said board in withholding the same when given, and said board may sus I -e id the etl'ect of any teacher's certificate granted by the co inty commissioner of schools which said certificate licenses ih holder thereof to teach in a specified district for which it >hall he granted. Whenever written charges accusing any te cher of neglect of duty, incompetency, or immorality shall he filed with the county commissioner of schools, said com- ni ssioner shall immediately notify said accused teacher that ch irges have been filed against him and shall attach to such n< tice a certified copy of said charges together with the name or names of the person or persons filing the same, and said commissioner may, and on the written demand of the accused te.icher shall, within twenty days after the filing of said charges, call a meeting of the board of school examiners of th' county and shall summon the teacher, against whom charges have been preferred, and also summon any witnesses who may have knowledge of the facts, to appear before said Ixard of examiners on the date mentioned in the summons. S; id summons shall have the force of a summons or subpoena at law. ( )n the day set for the meeting of the board of exam- iners, said hoard shall proceed to hear the case. The chair- in in of said board shall have authority to administer an oath to the several witnesses and examine them under oath if he deems it advisable. The board of examiners shall proceed to examine the party charged and the witnesses for and against s; id party, and if it shall appear that the charges made are tine, then the said board shall have authority to suspend or revoke the certificate of the accused: Provided. That no cer- tificate shall be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose: And provided further, That any person sum- n oned to appear before the board of examiners for the pur- Duty of board at Proviso. Proviso, non- appearance. 118 STATE OF MICHIGAN. poses mentioned herein and who shall fail to appear before said board on the day specified in the summons, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be fined a sum not less than five dollars nor more than twenty-five dollars, or by imprisonment in the county jail for not more than twenty days or both such fine and imprisonment in the discretion of the court. The county commissioner of schools in any county shall have authority to temporarily suspend the force of any teacher's certificate when from his personal inspection of the work of said teacher, or from his personal knowledge, he is satisfied that such teacher has- been guilty of wilful neglect of duty or is incompetent to instruct or govern the school, or has been guilty of gross immorality. The county commis- sioner of schools shall, upon suspending the force of any teacher's certificate, immediately, and within ten days there- after, call a meeting of the board of school examiners and summon said teacher to appear before said board to show cause why his or her certificate should not be indefinitely suspended or revoked: Provided further, however, That it shall be the duty of the board of school examiners to file in the office of the county school commissioner its decision within ten days after the close of any hearing above mentioned, and it shall be the duty of the county school commissioner within five days after the filing of said decision to mail a copy thereof to said teacher : Provided further, however, That any teacher who feels aggrieved at the decision of the county board of school examiners may, within twenty days after the filing of such decision, take an appeal to the probate court of said county, who is hereby authorized to hear and determine said cause. Temporary suspension of certificate. To summon teacher be- fore board. Proviso, filing decision. Proviso, appeal to probate court. Duty of commissioner. Examina- tions, certifi- cates, etc. Carver v. Sch. Dist., 113 / 524. IMMORALITY : A communication representing that a certain person was of bad moral character and unfit to have the care of a school, made in good faith for the purpose of preventing such person's teaching the school, is privi- leged and is justified by proof that he is a blasphemer, habitually profane and a Sabbath-breaker. Wieman v. Mabee, 45 / 484. (284) 5884. SEC. 8. It shall be the duty of the county commissioner : First, Immediately after his or her qualification as com- missioner, to send notice thereof to the superintendent of public instruction ; Second, To keep a record of all examinations held by the board of school examiners and to sign all certificates and other papers and reports issued by the board, and to keep a record of all meetings of the board of examiners and of all hearings for the suspension or revocation of any teacher's certificate, and to call meetings of the board of examiners at such other times than those mentioned in section five of this act as he may deem best; Third, To receive the institute fee provided by law and to pay the same to the county treasurer quarterly, beginning September thirtieth in each year; GENERAL SCHOOL LAWS. 119 ] ourth, To keep a record of all certificates granted, sus- pei led, revoked or transferred by the said board or commis- sio ter, showing to whom issued, together with the date, grade, dilation of each certificate, and, if suspended or revoked, wi h the date and the reason therefor; I ifth, To furnish, previous to the third Monday in July in ea< ti year, to the township clerk of each township in the < <> nty, and to each of the officers of ^every school district in 1h county, a list of all persons legally authorized to teach in tin county at large during the preceding school year, and in su h township, with the date and term of each certificate, and if ny have been suspended or revoked, the date of such sus- pe ision or revocation; >ixth, To visit each of the schools of the county at least mi -e in each year and to examine carefully the discipline, the in. de of instruction, the text-books used, the apparatus be oiiging to the school, the library, the progress and the pro- fit ency of the pupils, the skill and efficiency of the teacher, Hi 5 condition of the school property, and whether the attend- ar ce at school is in compliance with law, and to make a care- fu record of these items and report the same to the director of each district: Provided, That in counties containing one hi ndred or more schoolrooms, the commissioner of schools is h( reby authorized to appoint a clerk, who shall perform such di ties as said commissioner shall direct, except visiting schools: Provided further, In counties having from one hun- di ed to one hundred and fifty schoolrooms the whole expense ircurred for such clerk shall not exceed three hundred dollars IE any one year and in counties having more than one hun- dred and fifty schoolrooms the whole expense incurred for si ch clerk shall not exceed four hundred dollars in any one year: Provided further, That nothing in this act contained shall operate to restrict the board of supervisors of any county from paying such greater sums than herein provided an said boards may deem just and necessary; Seventh, To counsel with the teachers and school boards as to the course of study to be adopted and pursued, and as to a ay improvement in the discipline, instruction and manage- ment of the school, and he may examine and audit the books ami the records of any school district at any time when directed to do so by the superintendent of public instruction [. or by application of any school board ; Kighth, To promote by such means as he or she may devise, the improvement of the schools in the county, and the eleva- tion of the character and qualifications of the teachers and ( Hi errs thereof, and act as assistant conductor of institutes i ppointed by the superintendent of public instruction, and perform such other duties pertaining thereto as said super- intendent shall require; Ninth, To receive the duplicate annual reports of the sev- al township clerks, examine into the correctness of the Record of certificates. List of authorized teachers. Examina- tions. Proviso. Further proviso. Further proviso. Institutes, etc. To examine reports. 120 STATE OF MICHIGAN. same, requiring them to be amended when necessary, endorse his or her approval upon them, and immediately thereafter, and before the fifteenth day of September in each year, trans- mit to the superintendent of public instruction one copy of each of said reports and file the other in the office of the county clerk; Tenth, To be subject to such instruction and rules as the superintendent of public instruction may prescribe, to receive all blanks and communications that may be sent to him or her by the superintendent of public instruction, and to dis- pose of the same as directed by the said superintendent, and to make annual reports at the close of the school year to the superintendent of public instruction of his or her official labors, and of the schools of the county together with such other information as may be required; Eleventh, To perform such other duties as may be required of him or her by law, and at the close of the term of office to deliver all records, books, and papers belonging to the office to his or her successor. Compensa- tion of com- missioner, how fixed. Per diem of school examiners. Clerk. How paid. Section 9 was repealed, 1909, Act 222. (285) 5885. SEC. 10. The compensation of each county commissioner of schools shall be determined by the board of supervisors of each county, respectively, but the compen- sation shall not be fixed at a sum less than five hundred dol- lars per annum in any county where there are thirty school- rooms ; at not less than seven hundred fifty dollars per annum where there are more than seventy schoolrooms; at not less than one thousand dollars per annum where there are one hundred schoolrooms and not less than twelve hundred dol- lars where there are one hundred twenty-five schoolrooms; not less than thirteen hundred fifty dollars where there are one hundred fifty schoolrooms ; not less than fifteen hundred dollars where there are one hundred seventy-five schoolrooms ; not less than two thousand dollars per annum where there are over three hundred schoolrooms ; in estimating the num- ber of schoolrooms in any county, all graded schools whether operating under a general or special charter shall be included. Each member of the board of school examiners, other than the county commissioner, shall receive four dollars for each day actually employed in the duties of his office and his actual and necessary traveling expenses incurred in the discharge of his official duties in his own county. The compensation of any clerk when appointed as provided in this act shall be determined by the county commissioner. The compensation of members of the county board of school examiners and of any clerk appointed by the county commissioner shall be paid monthly from the county treasury upon such examiner or clerk filing with the county clerk a certified statement of his or her account which shall give in separate items the nature : GENERAL SCHOOL LAWS. 121 Further proviso, detailed statement. mount of the service for which compensation is claimed. Tl e compensation of the county commissioner shall be paid m nthly from the county treasury: Provided, That in no Proviso, cji r by special enactment, in which enactment special provi- sions exist in regard to licensing teachers, shall employ only such teachers as are legally qualified under the preceding sec- tions of this act: Provided, That in incorporated cities Proviso. MH ploy ing a principal of the high school and also a superin- dent of schools who gives not less than one-third of his Teachers, em- ployment of. n 122 STATE OF MICHIGAN. Further proviso. OP her time to school supervision, the superintendent of schools and the board of education or a committee thereof shall be empowered to examine their teachers and grant cer- tificates to such as are not already legally qualified, at such times and in such form as the superintendent of public instruction shall prescribe: Provided further, That no teacher shall be licensed to teach in any school or schools of this state by any officer, board or other authority, including every school or school district, regardless of whether existing or created under general or special law, unless the license or certificate is granted at such times and in accordance with such terms and conditions as shall be prescribed by the super- intendent of public instruction: Provided further, That cities having a special and thoroughly equipped normal train- ing department, under control of a special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the exam- ination of teachers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the pri- mary school interest fund as the number of unqualified feachers 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. Further proviso. Section 14 repeals "all acts or parts of acts conflicting with the provisions of this act." As to one effect of this repeal, see Perrizo v. Kesler, 93 / 284. Duty of state superintend- ent of public instruction. Commissioner to give notice of exami- nation. EXAMINATION FOR ADMISSION TO AGRICULTURAL COLLEGE. An Act to provide for the examination of candidates for admission to the agricultural college by county commissioners of schools. [Act 101, P. A. 1895.] The People of the State of Michigan enact: (289) 5890. SECTION 1. That it shall be the duty of the state superintendent of public instruction to secure, at least twice each year, from the president of the Michigan agricultural college, a set of examination questions in all the studies required for admission to said college. It shall also be the duty of the state superintendent of public instruction to send a printed list of said examination questions to each county commissioner of schools. (290) 5891. SEC. 2. It shall be the duty of each county commissioner of schools to give public notice of this examination at the time of all regular teachers' examinations, GENERAL SCHOOL LAWS. 123 an . to submit the questions aforesaid to any candidate who mi Y desire to enter the agricultural college. The exainina- tio i shall be conducted in I lie same manner as are the regular conducted. te; chers' examinations of the county. The work of each and evi ry candidate, together with the name and address, shall be forwarded by the commissioner, within five days from the d;i e of the examination, to the president of the college, who sli 11 examine and grade the answers and report to the can- di ate within five days of the receipt of the paper the result of the examination. A standing of seventy per cent in each hi- inch will admit to freshman class <>!' the college without In ther examination. I, ETING OF SCHOOL OFFICERS OF COUNTY. A] Act to authorize the county commissioner of schools in each county to call a meeting of the school officers of the county. [Act 112, p. A. 1909.] The People of the State of Michigan enact: i -1)1 ) 5820. SECTION 1. Each county commissioner of Meetingof s< hools in the state of Michigan shall call a meeting of the s( hool officers of his county at least once every two years, said n eeting to be held at the county seat or some other con- venient place in the county for the purpose of consultation, advice and instruction upon matters pertaining to the man- agement and welfare of the public schools of the county. The call for said meeting shall include every board of education ii the county, whether rural or city. Am. 1919, Act 46. i iM)2) 5821. SEC. 2. The school board or board of edu- c it ion shall attend such meeting. The school board or board of eo! 11 cation attending such meeting shall be allowed and (aid the actual traveling expenses going to and returning om said meeting, said sum to be paid from the general fund i the treasury of the school district. The county commis- ioner of schools shall issue to each member in attendance a crtilicate of attendance which shall be filed with the director < r secretary of the board, and when filed shall serve as a basis < I evidence for drawing the order for expenses of each mem- of the board. to include. Who shall attend. Expenses allowed. Certificate of attendance. Am. Id. (293) 5822. SEC. 3. It shall be the duty of the super- ntendent of public instruction to assist the county commis- sioner of schools in conducting said meeting of school officers, and he shall attend said meeting either in person or by repre- sentative. Superintend- ent of public instruction, duty of. 124 STATE OF MICHIGAN. Single school districts. Petition of electors. Township clerk to call meeting. Election. Proviso. TOWNSHIP SCHOOL DISTRICTS. An Act to provide for the organization and disbandment of township school districts in the state of Michigan, (a) [Act 117, P. A. 1909.] The People of the State of Michigan enact: (294) 5909. SECTION 1. Whenever a majority of the qualified school electors in any organized township votes in favor of organizing said township into a single school dis- trict, such township shall, after the second Monday in July thereafter, be a single school district and shall be governed by the provisions of this act, and in case there are one or more graded school districts in the township having a popu- lation of nine hundred or less, the qualified school electors in such graded districts shall have the right to sign the peti- tion hereinafter mentioned, and vote on the question of the establishment of such township district, and such graded districts shall become a part of the township district. The question of changing any organized township into a single school district to be governed by the provisions of this act, shall not be submitted to the qualified school electors of said township until a petition therefor, signed by one-fourth of the qualified school electors of such township, requesting the submission of such proposition, shall be filed in the office of the township clerk. Upon the receipt and filing of such petition, it shall be the duty of the township clerk to call a meeting of the township board and it shall be the duty of the township board of such township to attend such meeting, which shall be held not more than five days after the filing of such petition. It shall be the duty of the said township board at such meeting to consider the said petition with the names appearing thereon, and if it be found and deter- mined that one-fourth of the qualified school electors of said township have signed the said petition requesting that the said township of which they are residents be organized as a single school district under the provisions of this act, it shall be the duty of the township board to call an election at which the question of the organization of the said town- ship into a single school district shall be submitted to the qualified school electors of such township. Such election shall be called by the township board within thirty days after the meeting of the township board at which it is deter- mined that the petition herein provided for is sufficient: Provided, however, That if any such petition is determined to be sufficient not more than four months and not less than twenty days prior to the annual township election, such question shall be submitted at the annual township election. (a) Title amended 1919, Act 354. GENERAL SCHOOL LAWS. 128 [otice of such election, whether it be of a special or of the nnual election, shall be given by the township board by post- ig notices thereof in at least five public places in the town- hip and at least one notice in each organized school district i the township, which notice shall state that at such elec- ion, giving the date, the question of the organization of the ownship into a single school district shall be submitted to he qualified school electors of the township. The ballots Ballot* form. pon which such question shall be submitted shall be in the blowing form : Shall ................ (name of township) ownship be organized into a single school district? [ ] 'es. Shall ................. (name of township) township c organized into a single school district? [ ] No. Each allot which has a cross marked in the square to the left of he word "Yes" on any such ballot shall be counted in favor i' the organization of such township into a single school .istrict, and each ballot which has a cross marked in the qua re to the left of the word "No" shall be counted against he organization of such township into a single school district. vny such election shall be conducted by the township board Election, how >f election inspectors in the same manner in all respects and c he ballots shall be taken, counted, and canvassed in the ame manner that is now provided for the counting of bal- ots under the general election law. If a majority of the chool electors of such township voting at such election votes n favor of the proposition, such township shall, after the : econd Monday in July subsequent to such election, be con- id cred a single school district and shall be governed by the u-ovisioiis of this act. Whenever a majority of the qualified school electors of any township votes in favor of the organ- za lion of any township into a single school district it shall ': die duty of the township board to call a township election 01- the second Monday in July, at which election the trustees or the township school district shall be elected by the quali- ied school electors of such township. Notice of such elec- Notice. ion shall be given by the township board by posting notices hereof in at lea^t live public places in the township and at cast one notice in each organized school district that on the ;ocond Monday in July following trustees for the township ;choo] district will be elected, and it shall be the duty of the ownship board of election inspectors of such township to onduct such first election and perform such duties in con- aection therewith as may be necessary to carry out the pro- visions of this act: Provided, That if in such township, or proviso. is a part of such township, there are fractional school dis ricts already organized, the schoolhouse of which is within the boundaries of the township, such fractional districts shall be considered a part of the township for school purposes, and lualified school elcrtors residing anywhere in such fractional school district shall he qualified to sign the petition for or tc upon the question of the organization of the township 126 STATE OF MICHIGAN. proviso. district. The township board shall make and file, both with certified copy, the county clerk and with the county commissioner of schools of the county in which such township is located, a certified copy of the above mentioned petition together with its find- ings and decision thereon, and when the trustees or district officers shall have been duly elected and shall have filed a written acceptance of office with the township clerk of such township and shall have complied with the general provisions of this act pertaining to the election and acceptance of school officers, the said board of education shall immediately become the custodian of all the property pertaining to the public schools of the township and shall have all the powers and privileges conferred upon school officers by the general laws of this state, and said general laws shall apply and be in force in such district in all particulars not otherwise provided for in this act : Provided, That immediately upon the organiza- tion of the board of education herein provided for said board shall call a meeting of the officers of the school districts of Accounting of the township as heretofore existing, if any, and at such meet- property, etc. - n g there shall be an accounting of the property, records, and funds of such districts and a settlement of the same, and the officers of the several school districts of the township as heretofore existing shall immediately thereafter turn over to the said board of education all the books, records, money, property, and other matter or material in their possession and belonging to the public schools of their respective dis- tricts to the township board of education and said board shall give to such officers proper receipts, and the secretary of said board of education shall place a full statement of such several settlements in the records of the board of edu- cation for said township. Acts of a municipal corporation may not be defeated by a collateral attack upon the regularity of its organization so as to prevent a bond issue by the defendant school district because the proceedings to organize the school district \v>r<> invalid. Connine v. Smith, 190 / 632. (295) SEC. la. Whenever any township school district has been organized as provided in this act, and such organ- ization shall' have been in existence for a period of five years or longer, the qualified school electors of such township shall have the right to disband such township organization. The question of the disbandment of such township school dis- trict shall be submitted to the qualified school electors of said township upon the presentation of a petition therefor signed by one-fourth of the qualified school electors of such township requesting the submission of such question, said petition to be filed in the office of the township clerk. Upon the filing of such petition, all of the provisions of section one, insofar as they can be made applicable, relative to the submission of the question of organization of a township school district shall apply to the holding of the election, the furnishing, taking, Diabandment. Referendum by petition. Holding of election. Mr n< T h. <;I:M:KAL SCHOOL LAWS. 127 inting and canvassing of ballots, and to all other things i r y for a determination of the question of disbandment. o ha Hots upon which such question shall be submitted shall Form of ballot. in the following form: Shall the township school district of township b< disbanded and the township re-districted into separate S( 100! districts? Y fl ( ). Shall the township school district of township b- disbanded and the township re-districted into separate 8( hool districts? If a ma joritv of the school electors of such township voting Date of , J ,. ... ' disbandment. a such election votes in favor of the proposition, such town- si ip school district shall, after the second Monday in July si bsequent to such election, be considered disbanded. It shall tl ereupon become the duty of the township board to re-dis- ti ict such township, following as closely as possible the ter- r forial limits of the various school districts existing within si ch township at the time of the organization of the township s< hool district, and such district shall thereupon be governed b/ the provisions of the general school laws. Immediately ^"property^ f< llowing such re-districting by the township board, it shall b'! the duty of the hoard of education of such township school d strict to turn over to the township board all of the property, records and funds of such district and such township board shall do all things necessary to provide for the distribution <> such property, funds and other matter or material pos- sessed by said township school district equally and pro rata a nongst the new districts created in said township, and thereby such township school district, as such, shall cease to exist, and such new districts created shall become possessed o : all of the rights, powers and duties now conferred by gen- e: f al law upon school districts. Added 1919, Act 354. (296) 5910. SEC. 2. All cities organized as school dis- Exemption, t *icts and all graded school districts having a population of more than nine hundred shall be exempt from the provisions of this act. Their boundaries shall remain the same and they shall continue to administer the public schools of such city or graded district in the same manner as heretofore provided fcy statute: Provided, That if any such city or graded school Proviso, district shall desire to give up its own organization as a school district and become a part of the township district, and such cistrict and the other district or districts of the township shall respectively so express themselves by ballot by a major- ity vote of the legal voters of each district at an annual or special meeting of such districts, the superintendent of public instruction shall have authority to declare the organization i-f such city or graded school district for school purposes dis- 128 STATE OF MICHIGAN. Further proviso. Further proviso. solved, and he shall make such declaration in writing and serve the same upon the officers of the township district and upon the officers of such city or graded district, and such officers shall immediately turn over to the board of education of such township all the building, property, appurtenances, money, and material heretofore belonging to such city or graded district to the board of education of the township dis- trict, and thereafter such city or graded district shall be a part of the township district and controlled by the township board of education as herein provided: Provided further, That where fractional school districts have been organized heretofore the organization of the township district for school purposes shall conform to the boundaries of such school dis- tricts, and that the said fractional districts shall become a part of the township district in which the schoolhouse of such district is located, and that in the election of school officers said boundaries shall be recognized by the officers of the township: Provided further, That in any case where a fractional district has been organized heretofore, such terri- tory may be divided so that the .township school district boundary lines shall conform to the township boundary lines, said division being made in their discretion by the township boards of the townships in which the territory may be located, said boards meeting in joint session for such purpose. When such division has been made, the township boards at said joint meeting shall immediately proceed to make an equitable division of the property, and money, if any, belonging to such district between the townships in which such district was located. The township clerk of the township in which the schoolhouse of such fractional school district is located shall give at least ten days' notice to the township clerk of the other townships interested of the time and place of such meeting, and each township clerk upon receiving such notice shall notify each member of the township board of his town- ship of the time and place of such meeting. The joint meeting of the township boards when assembled shall elect from their number a chairman and a clerk, and a majority of the joint board shall be necessary to determine all questions submitted. The clerk of said joint board shall provide each township clerk with an exact record of the proceedings of said meethig. (297) 5011. SEC. 3. The officers of said township dis- trict shall consist of five trustees elected at large who shall constitute the board of education of said district and a regu- lar term of office shall be three years. Any qualified voter in the district whose name appears upon the assessment roll and who is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such district : Provided, That where a husband and wife own property jointly, if otherwise qualified, each shall be eligible to election or appointment to school office. At the first election held on the second Monday of July under Township clerk to give notice. Board of education, term. Eligibility. Proviso, hus- band and wife. When elected. 129 ant ority of this act, the qualified electors of the township sli.i I proceed to elect by ballot one trustee for the term of one year, two for the term of two years and two for the ten i of three years, and annually thereafter a successor or sue essors to the trustee or trustees whose term or terms of o% shall expire. The term of office intended for each per- son shall he designated on the ballot and which said ballot sha 1 have printed thereon the names of all candidates and the Alices to be voted therefor, together with instructions as to i ie method of voting: Provided, That to obtain the print- ing of the name of any candidate for any of said offices, said can lidate shall file a nomination petition with the clerk of the school board not less than thirty days before election, wh :'h petition shall be signed by not less than twenty-five noi more than one hundred qualified electors of the school dis rict and each petition shall recite the residence and occu- pat on of the electors signing the same, together with the dat > of signature. At the first election and at all succeeding ele tions held in said township district, the township board shall act as a board of election inspectors and shall receive an< canvass the votes, prepare ballots and conduct the elec- tio i in the same manner as provided for in township elec- tio is held under the general law. The township clerk shall ke< [> a record of all proceedings of said first meeting of the dis rict and file a copy of the same in his office and turn over a cipy of said proceedings to the secretary of the board of edi cation when said board is organized. In election of trus- tee;, the person or persons receiving the highest number of v..t -s cast shall he declared elected and he or they shall hold (Hi -e until his or their successor or successors shall have I ee n duly elected and shall have qualified as provided in this act. In all school elections every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the township district or who is the parent or legal guardian of any child of school age included in the school census of said district, and who has resided in said township district three months ne:.t preceding such election, shall be a qualified voter. On thr question of voting school taxes, every citizen of the United States of the age of twenty one years, male or female, who owns property in fee. by contract or homestead right which is assessed for school taxes in the township district, and who ha ; resided in the district as above stated shall be a qualified vo-er: Provided, That a husband and wife who own property jointly and which is assessed for school taxes in the school diMrict may, if otherwise qualified, vote upon the question of I sing money. ,m. 1917, Act 304. Ballot, form of. Proviso, nomination petition. Election inspectors. Duty of township clerk. Qualification of electors. Voting taxes. )8) 5912. SEC. 4. The annual meeting of said town- district shall occur on the second Monday of July in each Proviso, hus- band and wife. Annual meeting. 130 STATE OF MICHIGAN. Polls, opening and closing. Challenge of voter. year at the usual place of holding the township meeting, and Notice by the school year shall commence on that day. It shall be the duty of the secretary of the board to give notice of all annual meetings and of any special meetings of said district by post- ing a written or printed notice thereof in at least five con- spicuous places in said township, and one notice on each school building, at least five days prior to said meeting. The notice of any annual or special meeting shall state the pur- pose of the meeting, the place, date and hour of holding the same. The notice of the annual meeting shall specify that during the last two hours, or between three and five o'clock, the general business of the district as to voting taxes will take place. In case the president or secretary of the board of education shall be absent, the voters present may appoint a temporary president or secretary. At the first school meet- ing, and at all succeeding annual meetings the polls shall open at ten o'clock a. m. and be kept open seven consecutive hours, and the election shall be conducted in a similar manner to the one in which township officers are elected, and at the hour of closing the chairman of the board of election shall declare the polls closed, and the board shall immediately pro- ceed to canvass and announce the result of the vote. (299) 5913. SEC. 5. If any person offering to vote at a township school district meeting shall be challenged as unqualified by any legal voter in such district or by the pre- siding officer, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter ; and if such person shall state that he is qualified and the chal- lenge is not withdrawn, the chairman shall tender to him an oath, in substance as follows : "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school dis- trict, and that you own property assessed for school taxes therein ;" and every person taking this oath shall be per- mitted to vote upon all questions proposed at such meetings, or he may take the following oath, to-wit: "You do swear (or affirm) that you are a citizen. of the United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath his vote shall be rejected ; and any person who shall wilfully take a false oath or make a false affirmation under the provisions of this section, shall be deemed guilty of perjury. When any question is taken any other way than by ballot, a challenge immediate! v after the vote has been taken shall be deemed to Form of oath. False swearing. GENERAL SCHOOL LAWS. I) made when offering the vote, and treated in the same anner. (300) 5914. SEC. 6. Within five days after the first e ection under this act the township clerk shall notify in writ- i the persons elected as trustees of their election, and v, ithin five days thereafter said trustees so elected shall file v ith the township clerk a written acceptance of the office, a :companied by an affidavit properly acknowledged that such p Tson is a qualified voter on school questions, that his name a >pears on the assessment roll of the township for school t xes, and that he is the owner in his own right of the prop- e ty in fee, by contract or homestead right, so assessed, and 8 ich acceptances and affidavits shall be filed by the township c erk in his office. All persons elected as trustees of the town- s lip school district after said first election shall file such writ- t n acceptances and affidavits with the secretary of the board ! education and they shall be made a part of the records of t le district. (301) 5915. SEC. 7. The members of the board of edu- c ition shall meet on the fourth Monday of July following t le first election under this act, and at such meeting the t -ustee whose term of office first expires shall be temporary c mirman, and at this meeting the trustees shall elect from -t leir number a president, a secretary and a treasurer, who s mil severally serve in such capacity during his term of office a ad until his successor shall have been duly elected and quali- fied. Immediately upon the organization of the board the secretary shall notify the county school commissioner and the s iperintendent of public instruction, giving the name and postoffice address of each officer. A majority of the members 01 the board shall constitute a quorum, and the board shall hold two regular meetings in each year, one on the fourth Monday of February and one on the Saturday preceding the second Monday in July, and no notice of such meetings shall be required. The trustees shall be allowed compensation for not to exceed four special meetings which may be called by tie president and secretary, and the secretary shall give at least twenty-four hours' written notice to each member of the board : Provided, That the provisions hereof with reference t ) number of meetings of board and compensation of trustees shall not apply to school districts having a school population of more than three hundred. All business which the board of education is authorized to perform shall be done at a meeting If said board, and no act shall be valid unless voted at a meet- i: of the board by an nllirmutive vote of a majority thereof nd a proper record made of such vote. The minutes of all chool meetings and board meetings must he signed by the secretary. Am. 1917, Act 314. 131 Township clerk to notify persons elected, etc. Acceptances, where filed. Meeting of board, officers, etc. Quorum, regular meeting. Special meetings, compensation. Proviso, when not applicable. 132 STATE OF MICHIGAN. Office, when deemed vacant. Fill vacancies. Purchase school sites. Proviso. Vote taxes for wages, etc. (302) 5916. SEC. 8. A school district office shall become vacant immediately upon any of the following events : First, The death of the incumbent ; Second, His resignation ; Third, His removal from office; Fourth, His removal from the district; Fifth, His conviction of any infamous crime; Sixth, His election or appointment being declared void by a competent tribunal ; Seventh, His neglect to file his acceptance of office or to give or renew any official bond according to law; Eighth, His ceasing to be a taxpayer in the school district ; Ninth, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting. (303) 5917. SEC. 9. The board of education shall have the following powers and duties: (a) To fill any vacancies that may occur in the office of trustee until the next annual meeting, and the person or per- sons so appointed shall file his acceptance and affidavit as hereinbefore provided ; (b) To purchase or lease in the name of the district such site or sites for 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 to do so by the qualified voters : Provided, That the board shall not build a stone or brick schoolhouse upon any site without having first obtained a title in fee to the same or a lease for at least ninety-nine years, nor shall a frame schoolhouse be erected on any site for which the board has not secured a title in fee or a lease for at least fifty years, and in all cases where school sites are leased the board shall reserve the privi- lege of removing the school property from the site on the expiration of the lease ; (c) To estimate the amount of money necessary to be raised for buildings and sites and report same to the voters at the annual meeting; (d) To vote the taxes necessary in addition to other school funds for teachers' wages which shall be accounted for under the title of "general fund;" and if no high school be established, to vote such taxes as may be necessary to pay the tuition of any and all children of high school age resident in such township, to high schools already established, and to vote such taxes as may be necessary for the regular running expenses of the school, which shall include school furnishings and all appendages, library, the care of school property, record books and blanks, and all apparatus and material which may be necessary in order that the schools may be prop- erly managed and maintained, and such taxes w r hen collected and received by the treasurer of the board shall be accounted for under the title "general fund." All moneys received from penal fines for library purposes and all moneys received for GENERAL SCHOOL LAWS. 133 Proviso. Taxes levied. School moneys, uses, etc. uildings and sites shall be kept in separate accounts under l roper title: Provided, That when the district or the board as voted n tax for any legal purpose and the money is needed i efore the tax can be levied and collected the board may 1 orrow on the warrant of the district a sum not to exceed the . mount of tax voted for such purpose; (e) Between the second Monday of July and the first londay of August in each year, to make out and deliver to he township clerk a report in writing, signed by the presi- lent and secretary, of all taxes for school purposes voted by he district and by the district board, to be levied on the tax- ible property of the district ; (f) To apply and pay over all school moneys belonging o the district in accordance with the provisions of the law egulating the same, and no. money raised by tax shall be ised for any other purpose than that for which it was raised vithout the consent of a majority of the taxpaying voters >f the district present at an annual meeting or a special meet- ng, and no moneys received from the primary school interest fund shall be appropriated to any other use than the pay- nent of teachers' wages, except as hereinafter provided, and QO money received for teachers' wages shall be paid to any person who is not the holder of a proper certificate of qualifi- cation authorizing him to teach, and granted to said person before the commencement of his school. The board shall not apply any moneys received by it from any source for the sup- port or maintenance of any school of a sectarian character, whether the same be under the control of any religious society or made sectarian by the school board ; (g) To have the care and custody of all school property and to provide suitable school privileges and sanitary condi- tions for all schools, a suitable water supply and all record books and blanks; (h) To specify the studies to be pursued in the schools of the district and adopt a suitable course of study for said schools ; (i) To select and adopt suitable text-books for use in the schools, and the secretary shall make a record of such adop- tion. Text-books once adopted under the provisions of this act shall not be changed within five years except by the con- sent of a majority of the qualified voters of the district present at any annual or special meeting: Provided, That in the adoption of text-books the board shall provide for instruction in the subject of physiology and hygiene with special refer- ence to the nature of alcohol and narcotics and their effects upon the human system, and sanitary science. Text-books adopted in this subject shall give at least one-fourth of their space to the consideration of such subjects, and for the high schools such books shall contain at least twenty pages of such matter, and the instruction in this subject shall be given in uch manner and at such times as may be suited to the grade Custody of school property. Text-books, adoption of, etc. 134 STATE OF MICHIGAN. Regulation of schools. Suspension etc. Non-resident pupils. of the pupils. The text-books used in giving such instruction shall first be approved by the state board of education. Each teacher or superintendent shall report to the board of educa- tion at the close of each term or year in regard to the quantity and character of such special instruction in the subject of alcohol and narcotics, and the secretary of the board shall certify to the superintendent of public instruction that such instruction has been given; (j) To have the general care of the schools of the district and make and enforce suitable rules and regulations for the general management of the schools and for the preservation of the property of the district, and to purchase at the expense of the district such text-books as may be necessary for the use of children whose parents are not able to furnish same. The board may authorize or order the suspension or expulsion from school of any pupil guilty of gross misdemeanor or per- sistent disobedience, or one having habits or bodily conditions detrimental to the school, whenever in its judgment the inter- ests of the school may demand it ; (k) The board may admit to the schools of the township any non-resident pupils and determine the rate of tuition of such pupils and collect same. Children who are being cared for at county expense shall be admitted to the school in the township which is nearest the county house or in which the county house may be located, on the same terms that non- resident pupils are admitted. When non-resident pupils, their parents or guardians, pay a school tax in said district such children shall be admitted to the schools of the district, and the amount of such school tax shall be credited on their tui- tion in a sum not to exceed the amount of such tuition; school census. (1) To make rules relative to the taking of census of all children resident in said township district five years of age and under twenty years, and to make all necessary reports and transmit the same to the proper officers as designated by law so that the district may be entitled to its proportion of the primary school fund ; (m) To fix the length of time school shall be kept in all the schools of the township, which shall be the same for all schools and not less than five months in each year : Provided, That all persons, residents of any township school district and five years of age, shall have an equal right to attend any school therein, and no separate school or department shall be kept for any person on account of race or color: Provided further, That this shall not be construed to prevent the class- ifying and grading of the schools according to the intellectual progress of the pupils, such grades. to be taught in such sep- arate places as may be deemed expedient; (n) To establish and maintain a district library and pro- vide for its care and management ; (o) To establish and maintain a high school or high schools for the township and determine the qualifications for Proviso. Further proviso. GENERAL SCHOOL LAWS. 135 imission thereto : Provided, That if a township high school e not maintained the board of education shall pay out of inds hereinbefore provided for, the tuition of any and all lildren of high school age who desire to attend high schools i i the same township or in adjoining townships: Provided 1 irther, That if in such township or adjoining townships icre be no established high school then the tuition of such hildren shall be paid in such high school as shall be desig- i ated by such township board of education ; (p) To authorize the secretary to purchase and provide uch incidental apparatus and material as may be deemed dvisable for the schools, and to audit and order the payment f all accounts for such expenses and material; (q) To employ a superintendent of schools for the town- hip, when the same is authorized by a vote of the electors hereof, and to employ such other officers and servants as nay be necessary for the management of the schools and chool property, and to prescribe their duties and fix their ompensation. The superintendent of schools herein provided or shall be the holder of at least a state life certificate or a lormal school diploma, or he shall have educational qualifica- ions equivalent thereto and shall be the holder of a diploma rom a college or university of recognized standing, and he ;hall have the following duties : First, To recommend in writing all teachers necessary for he schools, and to suspend any teacher for cause, until the x>ard of education or a committee of such board may con- sider such suspension ; Second, To classify and control the promotion of pupils ; Third, To recommend to the board the best methods of arranging the course of study and the proper text-books to be used; Fourth, To make reports in writing to the board of educa- tion and to the superintendent of public instruction annually or oftener if required; Fifth, To supervise and direct the work of the teachers; Sixth, To assist the board in all matters pertaining to the general wolf a re of tho school, and to porform such other duties as tho board may determine; (r) To hire and contract with such locally qualified teach- ers as may bo required, and all contracts shall be in writing and signed by a majority of the board in behalf of the dis- trict. Said contracts shall specify the wages agreed upon and roqiiiro fho teachers to keep a correct record of all school work, the number of pupils, tho classification and grading, tho a.i^ivLMto and average attendance and the percentage of attendance, and to furnish the secretary with a correct copy of the same at the close of school. The contracts shall also require the board to provide all proper material and keep the school property in proper and sanitary condition. The contract shall be filed with the secretary and a duplicate fur- Proviso. Further proviso. Purchase of apparatus. Superinten- dent, employ- ing of. Qualifica- tions. Duties. Teachers, employing of, contracts, etc. Filing of contracts. I 136 STATE OF MICHIGAN. Proviso. President of board. To preside. Countersign orders. nished the teacher. A contract with a person not holding a legal certificate of qualification shall be invalid and all con- tracts shall terminate if the certificate of the teacher shall expire by limitation within its term, or if the certificate be suspended or revoked by proper authority: Provided, That in case of illness of the teacher or when a legally qualified teacher cannot be found by the board or by the commissioner of schools, a person otherwise qualified but not holding a certificate may be employed tempprarily as a supply, and such supply service shall be paid for from the general fund. A school month within the meaning of the school laws shall consist of four weeks of five days in each week ; (s) And to do all things needful and necessary for the maintenance, prosperity, and success of the schools of the dis- trict and the promotion of the thorough education of the children thereof. (304) 5918. SEC. 10. It shall be the duty of the presi- dent of the board : First, To preside at all meetings of the district and of the board ; Second, To countersign all orders legally drawn by the secretary upon the treasurer for moneys to be disbursed by the district, and all warrants of the secretary upon the town- ship treasurer for moneys raised for district purposes or apportioned to the district by the township clerk or other officer ; Third, To cause an action to be prosecuted in the name of the district on the treasurer's bond in case of any breach of any condition thereof; Fourth, To preserve order in all meetings of the district, and he may arrest or order the arrest of any person or per- sons who shall conduct himself or themselves in a disorderly manner, or who shall disturb such meeting by rude or inde- cent behavior, or by profane or indecent discourse or in any other way make such disturbance, and such person shall, on conviction thereof in a court of competent jurisdiction, be punished by a fine of not less than two dollars nor more than fifty dollars, or by imprisonment in the county jail not exceed- ing thirty days. Any justice of the peace, recorder or police justice of the county where such offense shall be committed shall have jurisdiction to try and determine the same ; Fifth, He may make complaint before a justice of the peace against any person who shall disturb any school in the town- ship by rude and indecent behavior or by profane and inde- cent discourse or in any other way make such disturbance, and such person shall on conviction thereof be punished by a fine of not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days ; Sixth, To perform the duties required of the superintendent, where such superintendent is not appointed, and such other Prosecute action. Meetings, disturbance of, etc. Penalty. Jurisdiction. Complaint for disturbance. Other duties. GENERAL SCHOOL LAWS. 137 Secretary, duties. Clerk of board. Record of proceedings. Notice of meetings. Proviso. Further proviso. Warrants, orders, etc. duties as may be appropriate to his office in the management of the schools as the board shall determine. (305) 5919. SEC. 11. It shall be the duty of the secre- tary of each board of education: First, To act as clerk at all meetings of the district and of the board ; Second, To record the proceedings of all district meetings and the minutes of all meetings, orders, resolutions and other proceedings of the board in proper record books and sign the same; Third, To give the prescribed notice of the annual meeting and of any special meetings of the district which the board may call : Provided, That the notice of all annual and special meetings shall be properly posted in at least five public places in the township and one on each school building not less than five days prior to such meeting: Provided further, That on the petition of at least one-tenth and not less than twenty-five of the qualified voters of the township district presented to the secretary or president for the purpose of calling a special school meeting, the secretary shall give the notice as herein- before provided; Fourth, To draw and sign warrants upon the township treasurer for all moneys raised for district purposes or appor- tioned to the district by the township clerk or other officer and payable to the treasurer of the district, and orders upon the district treasurer for all moneys to be disbursed by the district, and present such warrants or orders to the president to be countersigned by that officer. Each warrant and order shall be properly numbered and dated, and each warrant shall specify the sources of the funds called for, and each order the purpose for which and the fund upon which it is drawn ; Fifth, To draw and sign all contracts with teachers, super- intendents or other employes, when directed by the district board, and present such contracts to the other members of the board for further signature; Sixth, To purchase the necessary appendages and inci- dentals for school use as hereinbefore provided, and to see that such apparatus and material is kept in good repair at all times ; Seventh, To keep an accurate account of all expenses incurred by him as secretary, such accounts to be presented to and audited by the board, and on its written order paid out of the appropriate fund; Kighth. At the regular meeting of the board in the month of June, to present an estimate of the expenses necessary to be incurred during the ensuing year, and an estimate of the amount of money necessary for buildings, sites or repairs. and upon these estimates the board shall act and fix the amount to be presented to the people at the annual meeting; and the board shall vote the several amounts for taxes to be Numbering. Sign contracts. Purchase apparatus. Accounts, payment, etc. Estimates, uht'M and to whom presented. 138 STATE OF MICHIGAN. Annual report, what to contain, etc. levied for teachers' wages and the general running expenses of the school as hereinbefore provided ; File Ninth, To preserve and file copies of all reports to the township clerk or county clerk and the superintendent of public instruction, and to preserve and keep all books, papers, records and other documents belonging to the office of secre- tary or to the district when not otherwise provided for, and to deliver the same to his successor in office; Tenth, The secretary shall, at the end of the school year and previous to the second Monday in July, prepare an annual report of the school district, said report to contain : (1) The whole number of children belonging to the dis- trict five years of age and under twenty, according to the school census of said district; (2) The number attending school during the year ; (3) The number of non-resident pupils attending during the year; (4) The whole number that have attended school during the year; (5) The length of time school has been taught, the name of each teacher and the length of time taught by each and the wages paid to each; (6) The average attendance and the percentage of attend- ance of pupils during the year; (7) The amount of money received from the township treasurer apportioned to the district by the township clerk ; (8) The amount of money raised by the district and the purposes for which it was raised, the amount of primary and library money and the amount received from all other sources ; (9) The text-books used in the school; (10) Such other facts and statistics in regard to the schools and the subject of education as the superintendent of public instruction shall direct. Said report shall be in such form ^as said superintendent may prepare and direct. In all township districts one copy of said report shall be filed with the township clerk on or before the first Monday of August in each year, and the other two, together with all others, forwarded immediately after the first Monday in August to the county commissioner of -schools ; (11) To perform .such other duties as are or shall be required by law or by the board of education. (306) 5920. SEC. 12. It shall be the duty of the treas- urer of the board of education : First, Within ten days after his election or appointment to execute to the district and file with the* secretary of the board a bond in the full amount of money to come into his hands during each year as such treasurer, as near as the same can be ascertained, with two or more sufficient sureties, each of whom shall justify under oath and before a proper officer, to the amount for which he is held in the bond, and Other statistics. Form of re- port, filing of, etc. Treasurer, duties. To file bond, sureties. GENERAL SCHOOL LAWS. Iie sum of such amounts shall be equal to the full amount of ic bond ; or the treasurer may provide, at the expense of the < istrict, a similar bond of some surety company authorized i ) do business in this state, said bond to be approved by the ! resident and secretary of the board, conditioned for the lithful performance of his duties under this act and hon- stly accounting for all moneys coming into his hands belong- ig to said district according to the general accounting laws f the state. Said bond when approved shall be filed with he secretary of the board, and none of the books, money or >roperty of the district shall be placed in the hands of the reasurer until such bond has been so filed and approved: 'rovided. That if for any unforeseen reason a larger sum of noney should become due the district than the bond would !over, the treasurer shall increase the bond to the proper imount before such money comes into his hands. In case of my breach of the conditions of said bond the president shall :ause suit to be commenced thereon in the name of the dis- trict, and any moneys collected thereon shall be paid into the township treasury, subject to the order of the district, and such moneys shall be applied to the same purposes as the money lost should have been applied by the treasurer; Second, The treasurer shall have the care and custody of all the moneys of the district coming into his hands, and he shall not loan the same, nor use the same for his own pur- poses, nor permit other private individuals or corporations to use the same except as provided by law, nor shall he mix such money with his own money, but he shall keep it separate and apart from all other funds; Third, Be may. with the consent of the board of education, deposit school moneys with any bank or banking corporation or trust company for safe-keeping, and require such bank or company to pay interest thereon. Such deposit shall be made in his name as treasurer of the district, and such interest shall be accounted for to the district and become a part of the general fund of said district : Provided, That any deposit of such funds shall not be privileged, but shall be open to inspection of any trustee of the district or any person author- ized to audit school accounts ; Fourth, To pay all orders of the secretary when lawfully drawn and countersigned by the president, out of any moneys in his hands belonging to the fund upon which such orders may be drawn ; Fifth, To keep a book in which all moneys received and disbursed shall be entered, the sources from which the same have been received, and the person to whom and the objects for which the same have been paid ; Sixth, To present to the district board and to the district at the close of the school year a report in writing containing a statement of all moneys received during the preceding year Vd of each item of disbursement made, and exhibit the 139 Surety company. Where filed. Proviso, increase of bond. When suit commenced Custody of moneys. Deposits, interest, etc. Proviso, inspection, Pay orders. Keep book of accounts, etc. Annual reports. 140 STATE OF MICHIGAN. Appear for district in suits. Deliver books, etc. Other duties. Annual meeting. Time. Taxes. Proviso. Further proviso. vouchers therefor, and said vouchers shall be filed in his office permanently ; Seventh, To appear for and on behalf of the district in all suits brought by or against the same, when no other direc- tions shall be given by the qualified voters in a district meet- ing, except in suits in which he is interested adversely to the district, and in all such cases the president shall appear for the district ; Eighth, At the close of his term of office to settle with the district board and to deliver to his successor in office all books, vouchers, orders, documents and papers belonging to the office of treasurer, together with all district moneys remaining on hand ; Ninth, To perform such other duties as are or shall be required by law of the treasurer. (307) .5921. SEC. 13. At each annual school meeting held in said township district the board of education shall present its estimate of the amount of money needed to be raised by tax during the ensuing year for buildings and sites and an estimate of the amount for which bonds shall be issued if needed. This estimate shall be presented by the board and considered by the qualified voters during the last two hours of the time during which the polls for the election of trustees are to be open, or between the hours of three and five o'clock p. m. The qualified voters on the question of voting taxes present at that time shall determine the amount of money to be raised by tax for these purposes, and they may direct that the vote shall be taken by ballot or in any other way which shall be deemed best. The people shall have authority to increase or decrease the amount of the estimate submitted by the board and when such amounts have been voted by a majority of the qualified voters present the secretary of the board of education shall, on or before the first Monday of August, certify to the township clerk of the township the amount of such taxes, together with the amount of all taxes which the board of education is authorized to impose, and said township clerk shall report the same to the supervisor of the township, and if the township district is a fractional district said clerk shall report such taxes to the clerks of other townships in which said district may be in part sit- uated, and such clerks shall report the amounts to their respective supervisors who shall spread the same upon the regular tax roll of such township or townships in the manner provided for by statute, and the same shall be levied, col- lected, and returned in the same manner as all township taxes : Provided, That if the qualified voters present as afore- said do not or can not determine the amount of money to be raised by tax for the purposes specified, the board of educa- tion shall determine the same : Provided further, That spe- cial meetings of the district may be called to vote on the ques- tion of bonding the district for any of the purposes men- <;I;M:I;AL SCHOOL LAWS. 141 t: >ned. Such vote shall be by ballot and a majority of the v- tes cast shall bo necessary to carry the question. The form ballot shall be: -For bonding the township district for $ Yes,"' "For bonding the township district for f No." On the quest ion of bonding, the board of ( iucatioii shall act as an election board and cause a poll list t > be kept and a suitable ballot box used, and conduct the ( ection and canvass the votes in the same manner as a regu- I.r school election. When bonds have been voted the board }> mil proceed to issue and sell the bonds and fix the rate of 1 iterest and term of payments thereon. The period of any t zhool bonds shall not exceed fifteen years : Provided, That hen any money shall have been borrowed by any township ; chool district upon the bonds of said district the qualified oters of such district shall have power at any annual or pecial meeting to impose a tax on the taxable property in uch district for the purpose of paying the principal or any >art thereof and the interest thereon, to be levied and col- ected as other school district taxes are levied and collected. (308) 5922. SEC. 14. All taxes assessed within said -ownsh ip or township district for school purposes shall be set forth in the assessment roll of the proper township in a sep- arate column, apart and distinct from all other township taxes. (309) 592::. Si:c. 15. The treasurer of the township shall at any time, on the written request of the board of educa- tion, report to said board the amount of school money in his ha mis and shall, on the order of the secretary of the board countersigned by the president, pay to the treasurer of the boavd ;ill or any of such moneys. The treasurer of the town- ship shall collect from the treasurers of other townships in which the district may be in part located all school moneys belonging to such district on or before March first in each year and report the same to the township clerk. i .".KM 5924. SKC. Hi. The said board of education shall annually, on or before its regular meeting in the month of . I une. make a detailed statement of the number of schools in said township district, the number of teachers employed, the number of pupils instructed therein during the preceding year, the itemized expenditures of said board for all purposes, the resources and liabilities of said district and also an esti- mate of the necessary expenses for the ensuing year exclusive of the income from the primary school interest fund and one mill tax, which report or statement shall be entered at length in the records of said board and shall be publicly read by the president of said board or any member of the board, to the voters of the township at their annual meeting on the >nd Monday of July. Form of ballot. Bonds to issue and sell. Proviso. Taxes in separate column. When town- ship treas- urer to pay over moneys. To collect from other treasurers. Statement, board to make, mi- tents, etc. Recording of. 142 STATE OF MICHIGAN. Free text- books, may be submitted. Proviso, bids. To be included in budget. Further proviso. Property and debts. Tax not in- validated, etc. Compensation of board and officers. Board, township officers ineligible. (311) 5925. SEC. 17. The board of education at any annual or special meeting may submit to the voters of the dis- trict the question of free text-books, and if a majority of the voters present shall vote in favor of the use of free text-books, the said board shall be authorized to proceed to make a con- tract with some dealer or publisher to furnish the necessary books used in said district at a price not greater than the net wholesale price of such books, and to vote a tax for such pur- pose: Provided, That the voters at such meeting may direct the board of education to advertise for proposals and bids on such contract. Annually thereafter the board of education shall include in its budget a sufficient amount to maintain and provide the proper text-books for use in schools and such text-books shall be sold to pupils at cost and furnished free to such pupils as are unable to buy them, and such books furnished free shall be the property of the district: Pro- vided further, That nothing herein contained shall prevent any district having once adopted free text-books from taking further action on the subject at any subsequent annual meeting. (312) 5926. SEC. 18. All school property, both real and personal, within the limits of the township district as created or organized under this act, shall by force of this act become the property of the public schools of the township, and all debts and liabilities of the several districts heretofore organ- ized in such township as they existed prior to the passage of this act shall become the debts and liabilities of the said public schools of the township. (313) 5927. SBC. 19. All money raised or being raised by tax, or accrued or accruing to the school districts of said township as described herein, shall become the money of the public schools of the township, and no tax heretofore ordered assessed or levied for school purposes in said township or other proceedings shall be invalidated or affected by means of this act. (314) 5928. SEC. 20. The compensation of members of the board of education other than the secretary and treasurer shall be two dollars for attendance at each regular meeting of the board. The secretary and treasurer of said board shall receive such compensation for their services as the board of education may determine, not exceeding one hundred dollars for the treasurer and one hundred twenty-five dollars for the secretary per annum. The amount of money necessary for the services of district officers shall be included in the regu- lar budget voted by the board of education and shall be paid from the general fund. (315) 5929. SEC. 21. The several township officers shall be ineligible to election as members of the board of edu- cation during the term for which they were elected and any votes cast for such township officers for members of the board GENERAL SCHOOL LAWS. |>f education shall be void. It shall be illegal for any member e a m j> e a r s not f the board of education to act as agent for any author, pub- agent, isher or seller of school books or school apparatus, or to eceive any gift or reward for his influence in recommending he purchase or use of any school book or apparatus in the tate of Michigan. It shall be illegal for any member of the >oard of education to perform any labor except as provided n this act, or furnish any material or supplies for the school listrict in which he is an officer, and he shall not be personally nterested in any way whatever, directly or indirectly, in any contract with the district in which he holds office. Any act Penalty, lerein prohibited, if performed by any such school officer, shall be deemed a misdemeanor and he shall be liable to the punishment provided for such offense in accordance with the provisions of the statute in such case made and provided. Justices of the peace who were selected trustees of a school district and recognized as proper officials thereof for a year or upwards were de facto officials, though disqualified from acting in the two capacities by 2 compiled laws 1915, 5929. Connine v. Smith, 190 / 632. 143 (316) 5930. SEC. 22. Any person duly elected to the office of trustee of any township district, who shall neglect or refuse without sufficient cause to accept such office and serve 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, upon conviction in any court of competent jurisdiction, be fined not less than ten dollars in the discretion of the court, and if he shall still continue to neglect or refuse to perform the duties he shall be liable for a similar forfeiture for each such offense ; or any such officer may be removed from office in the manner provided in this act. (317). 5931. SEC. 23. The superintendent of public instruction shall have power and is hereby required to remove from office, upon satisfactory proof and after at least ten days' notice to the party implicated, any trustee of any township school district who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall ^tently and without sufficient cause refuse or neglect to discharge any of the duties of his office, and in case of such removal it shall be the duty of the said state superintendent to record in the office of the township clerk of such township the resolution or order for such removal, and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of jurisdiction of the regularity of such proceedings for removal, and said state superintendent shall file a similar copy of the proceedings in the records of his office: Provided. That if the party so removed shall, within thirty days after such removal, institute proceedings before a court of com- petent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such proceed- ings to obtain such removal shall be discontinued or dis- Refusal to accept office or perform duty. Removal from office. Proviso, \vlu-n order to stand. 144 STATE OF MICHIGAN. Consolidation of townships, board to act. Joint session, appraisal, etc. Alteration of district. missed, the said order for removal from office shall stand and not be subject to attack by any legal proceedings there- after. (318) 5932. SEC. 24. When any township district com- prising one township shall be divided into two or more town- ships or when any two townships are consolidated for school purposes, the existing board or boards of trustees shall con- tinue to act for all the townships until the same shall have been organized and the township boards of trustees duly elected and qualified therein. Immediately 'after such organi- zation the township boards of education of each of the town- ships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made said township boards of edu- cation shall make an equitable division of the existing assets and liabilities of the school districts of such former township, basing their apportionment upon the amount of taxable prop- erty in the township divided, as shown by the last assessment roll of such former township. When a township district shall be altered in its limits by annexing a portion of its territory to another township or townships, the township boards of education of such townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school districts of the township from which the territory has been detached, basing their division upon the amount of taxable property as the same shall appear upon the last assessment roll of such township. (319) 5933. SEC. 25. When any ten or more qualified voters in any township district shall feel themselves aggrieved by any action, order or decision of the board of education with reference to the formation of any school, the division or arrangement of any territory, or location of the schools, or the maintaining of school in any part of said district, they may, at any time within ninety days from the time of such action on the part of said board of education, appeal from such action, order or decision of said board of education to the state superintendent of public instruction, and notice of such appeal shall be served on the secretary of the board of educa- tion. The superintendent of public instruction, upon the receipt of such appeal, shall have power to entertain such appeal, and review, confirm, set aside or amend the action, order or decision of the board of education thus appealed from, or if in his opinion the appeal is frivolous or without sufficient cause, he may summarily dismiss the same. Said state superintendent of public instruction, before acting upon such appeal, may visit the locality or appoint some one to do so, and investigate carefully the action, order or decision and its effect upon the district and the conditions surrounding the same, and he or his appointee shall give a hearing at some place within the county where such township district may be Appeal from action of board. Supt. of pub- lic instruc- tion, duty of. <;I:\I:KAL SCHOOL LAWS. Ideated and to such hearing he may summon the board of Jucation, the complainants and any persons who may have ,. i nowledge of the matter at issue. After the hearing and due :msideration, said superintendent shall render his decision -hich shall be final. 145 TOWNSHIP SCHOOL DISTRICTS IN UPPER PENINSULA. .n Act for the organization of township school districts in the upper peninsula. [Act 176, P. A. 1891.] The People of the State of Michigan enact: (320) 5892. SECTION 1. Whenever the qualified electors t any organized township in the upper peninsula desire to lecome organized into a single school district, they may >etitioii the township board to proceed as hereinafter pro- id ed lor organizing a township school district. Such peti- ion shall be signed by a majority of the electors of the town- ;hip qualified to vote at school meetings and shall be filed in he oih'ce of the township clerk at least fifteen days prior to .he first day of July. Upon the receipt and filing of said iet it ion. the township clerk shall notify the members of the ownship board and the school inspectors of the township to ittend a special meeting to be held not more than five days hereafter, at which meeting it shall be the duty of such ownship board to compare the names signed to the petition A-ith the names appearing on the list of registered voters jualified to vote at school meetings, and if it be found that a Majority of the voters so qualified to vote have signed the petition that the organized township of which they are resi- Jents be organized as a single school district, the township hoard shall give notice by posting notices thereof in five public places in said township, that on the second Monday of July the following officers will be elected for such school district : and they shall make and tile, both with the county clerk and with the county commissioner of schools of the county in which such township is located, a certified copy of the above mentioned petition, together with their finding and doings thereon: and when the district ollicers shall have been duly elected and shall have tiled their acceptance with the township clerk, such township shall become a single school district which shall be subject to all the general laws of the state, so far as the same may be applicable, and said district shall have all the powers and privileges conferred upon graded school districts by the laws of this state, all the gen- eral provisions of which relating to common or primary schools shall apply and be enforced in said district, except Petition for organization. Clerk to notify board. When town- ship to be- come single district. 146 STATE OF MICHIGAN. Proviso, as to sub- districts. such as shall be inconsistent with the provisions of this act : Provided, That, immediately after the organization of the township district, the board of education may divide the township into such number of sub-districts as they may deem necessary for the accommodation of all children of school age therein, designating the same as follows: Sub-district number one, sub-district number two, etc. This act is constitutional. Perrizo v. Kesler. 93 / 280 ; Keweenaw Ass'n v. Sen. Dist., 98 / 441. The provision authorizing the township board and school inspectors to determine whether a majority of the qualified electors of the township have signed the petition, is sufficient. Id. As to filing a cer- tified copy of the petition, etc., with the county commissioner of schools, instead of with the secretary of the board of school inspectors, see Id. 284. (321) 5893. SEC. 2. The officers of said district shall consist of five trustees, who shall constitute the board of education of said district, and the term of office shall be three years. On the second Monday of July following the action of the township board, as stated in section one of this act, the qualified voters of the township shall proceed to elect from their number, by ballot, one trustee for the term of one year, two for the term of two years and two for the term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire. The term for which the person voted for is intended shall be designated on the ballot. The qualifications of voters and the conditions of eligibility for office holding shall be the same as provided in the general school laws. At the first election held in said district, the township board shall act as a board of election, and they shall canvass the votes in the same man- ner as votes for elective township officers are canvassed. At succeeding elections the qualified voters present shall desig- nate three qualified voters to act as a board of election and board of canvassers, who shall respectively take and subscribe the constitutional oath of office, which oath any member of the board of trustees may administer. In the election of trustees the person or persons receiving a majority of all the votes cast shall be declared elected, and he or they shall hold office until his or their successor or successors shall have been duly elected and filed his or their acceptance. The annual meeting of said district shall occur on the second Monday of July in each year, at the usual place of holding the annual township meeting, and it shall be the duty of the secretary to give notice of all annual meetings and of any special meet- ing of said district by posting a written or printed notice thereof in at least five conspicuous places in said township at least five days prior to said meeting. At the first school meeting and all succeeding annual meetings the polls shall open at three o'clock p. m v and be kept open four hours, dur- ing the last hour of which time the voters shall transact, such business as may lawfully come before them, according to the provisions of section nine of this act, except where the board of education of any district has designated a different hour, Board of education. When I rustees elected. Term on ballot. General law governing. First election. Succeeding elections. Majority elects. Annual meeting, when and where held. Notice given. Opening and closing of polls. Transaction of district business. GENERAL SCHOOL LAWS. 147 di ring said four hour period, for the transaction of such In siness and notice thereof has been given in .the notice of 8ii !h meeting, then such business may be transacted during sii :h designated hour. In all townships organized prior to Organizations A >ril first, nineteen hundred three, under the provisions of 1^1903 April uc ; number one hundred seventy-six of the public acts of ei; hteen hundred ninety-one, the first election of trustees ui der this act shall be held on the second Monday of July, ni icteen hundred three, in the manner provided in this section ; fo the election in a township newly organized as a single sc lool district ; and immediately thereafter the records, prop- er y and documents belonging to said district shall be turned o\ -r to the newly elected board of education : Provided, That Proviso, t! > district officers elected at the annual election in April, April ' lfi ;.ni leteen hundred three, under the provisions of act number 01 e hundred seventy-six of the public acts of eighteen hundred ni lety-one, shall act as the board of education until the trus- ; te is elected on the said second Monday in July, nineteen hi ndred three, shall have filed their acceptances and become di ly qualified. Un. 1919, Act 138. errlzo v. Kesler, 93 / 283 ; People v. Anderson, 198 / 39. (322) 5894. SEC. 3. Within five days after the first el action under this act, the township clerk shall notify, in \v -it ing, the persons elected trustees of their election, and \\ Thin five days thereafter said trustees so elected shall take a i (1 subscribe the oath of office prescribed by the constitution of this state, before any officer authorized to administer onths, and file the same with the township clerk: Provided, That after the district shall have been organized under the piovisions of this act, the members of the board of education sliall file their acceptances with the secretary of the board. (323) 5895. SEC. 4. The members of the board of edu- cation shall meet on the fourth Monday of July following the fiisi election under this act and elect from their number a piesident, a secretary, and a treasurer, who shall severally serve in such capacity during his term of office and until his svccessor shall have been duly elected and duly qualified. T ic president shall preside at all meetings of the district, in id of the board, and perform such other duties as are required of the moderator in a primary school district. The secretary shall faithfully record all proceedings of annual and special meetings of the district and of all meetings of the board, receive and file all records, papers, and other docu- ments belonging to the district, and perform such other duties. us- are required of the director in primary school districts. It si all be the duty of the treasurer in each district to execute and file with the secretary, within ten days after his election I pr appointment, a bond in the full amount of money to come Officers, how notified of election. Proviso. Board of education, how organized. Duties of president. Secretary. Treasurer. 148 STATE OF MICHIGAN. into his hands as such treasurer during his term of office, as near as the same can be ascertained, with two sufficient sureties who shall be residents of the same county, or shall furnish a similar bond of some surety company authorized to do business in this state, to be approved by the president and secretary of the board, conditioned for the faithful per- formance of his duties under this act, and honestly account- ing for all moneys coming into his* hands belonging to said district. It shall be the duty of the treasurer of said board to apply for and receive from the township treasurer, or other officer holding the same, on the presentation of a warrant signed by the president and secretary of the school board, all moneys appropriated or apportioned for primary schools and for district library of said district. The said treasurer shall have the keeping of all school and library moneys, and shall not pay out the same without the authority of the board, upon warrants or orders drawn upon him and signed by the secre- tary and countersigned by the president ; and he shall perform such other duties as are required of the treasurer in primary school districts. (324) 5896. SEC. 5. Said board of education shall have power to fill all vacancies that may occur in the office of trustee until the next annual election, and such trustee shall file with the secretary of said board his oath of office within five days after such appointment by the board. (325) 5897. SEC. 6. A majority of the members of said board shall constitute a quorum, and the regular meet- ings of said board shall be held on the fourth Monday of March, June, September, and December in each year, and no notice of such meetings shall be required, and any two mem- bers of said board shall be sufficient to adjourn any meeting from time to time until a quorum is present. Special meet- ings of said board may be called at any time on the request of the president, or any two members thereof, in writing, delivered to the secretary; and the secretary, upon receiving such request, shall at once notify each member of said board of the time of holding such meeting, which shall be at least two days subsequent to the time of receiving such request by said secretary : Provided, That in case all the members shall sign a waiver of notice on the minute book of the secretary no notice shall be necessary. All records and papers of said district shall be kept in the custody of said secretary and shall be open to the inspection of any qualified voter of said district. Schafer v. Sch. Dist., 116 / 206. 5898. SEC. 7. The said board shall be the board Vacancies. Quorum, meetings. Proviso. To be board (326) of school inspectors for said district and shall, as sue] I GENERAL SCHOOL LAWS. 149 rep 1 rt to the clerk of the county in which such township is loc; ted and shall have all the powers and perform all the dut es now enjoyed and performed by boards of school inspect- ors and the secretary of said hoard shall perform all the dut es required by law of the chairman of the board of school ins] ectors; and the board of school inspectors for such town- shi is hereby abolished, except as its powers are vested in sai- board of education. ( 127} 5899. SEC. 8. The board of education of said dis riet shall have power and authority to designate and pur- ch: >e schoolliouse sites, erect buildings and furnish the same, em -loy legally qualified teachers, provide books for district lib ary, make by-laws relative to taking the census of all chi dren in said district between the ages of five and twenty ye. is. and to make all necessary reports and transmit the sai e to the proper officers as designated by law, so that the dis riet may be entitled to its proportion of the primary scl >ol interest fund : and said board shall have authority to ma ce all needful regulations and by-laws relative to the vis tat ion of schools; relative to the length of time school sh; 11 be kept, which shall not be less than five months in each year: relative to the employment of teachers duly and leg illy qualified ; relative to the regulation of schools and the bo< ks to be used therein; and generally, to do all things net dful and desirable for the maintenance, prosperity, and sin cess of the schools of said district, and the promotion of a thorough education of the children thereof. When in any contiguous territory of said township district there are ten or more children of school age. living not less than three mi es, noi- more than eight miles, from any schoolhouse in said district, the board of education shall, upon the petition of a majority of the parents or legal guardians of said chil- dren. provide school advantages for such children, either by establishing a sub district, or by providing transportation to Ine school already established within the township. vrri/u v. K.-sliT, 9:J / 283. i.'ii'Si s < r>!M>(>. SK<\ !). At each annual school meeting Id in said township, tin- qualified voters present shall deter- mine the amount of money to he raised by tax for all school pi rposes for the ensuing year: Provided, That in case the voters at any annual school inn-ting shall neglect or refuse to determine the amount to he raised as aforesaid, then the h< ard of education shall determine the same at the first regu- lar meeting thereof, which amount the secretary shall, within thirty days thereafter, certify to the supervisor of the town- si ip. who shall spread the same upon the regular tax roll of said township, and the same shall he levied, collected and r< turned in the same manner as other township taxes: Pro- Powers and duties. Electors to determine amount to be raised. Proviso as to neglect. Proviso as to amount. 150 STATE OF MICHIGAN. Taxes to be set forth in roll. Treasurer to report to board. Board to make annual statement. vided, That for purchasing school lots and for erecting school- houses no greater sum than three mills on the dollar of all the taxable valuation of the real and personal property in said township shall be levied in any one year. Auditor General v. Duluth, South Shore, etc., 116 / 122 ; Auditor General v. Sparrow, 116/576. (329) 5901. SEC. 10. All taxes assessed within said township for school purposes shall be set forth in the assess- ment roll of said township, in a separate column, apart and distinct from all other township taxes. (330) 5902. SEC. 11. The treasurer of the township shall, at any time, at the written request of said board of education, report to said board the amount of school money in his hands, and shall, on the order of the secretary of said board of education, countersigned by the president, pay to the treasurer of said board, all or any of such money. (331) 5903. SEC. 12. The said board shall annually, prior to the second Monday of July in each year, make a detailed statement of the number of schools in said district, the number of teachers employed, the number of pupils instructed therein during the preceding year, the expendi- tures of said board for all purposes, the resources and liabili- ties of said district, and also an estimate of the necessary expenses for the ensuing year exclusive of the income from the primary school interest fund and one mill tax, which report or statement shall be entered at length in the record of said board and shall be publicly read by the president of said board, or in his absence by the secretary thereof, to the voters of said township, at their annual meeting on the second Monday of July. (332) 5904. SEC. 13. All school property, both real and personal, 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 districts of said township, as they existed prior to its incorporation under the provi- sions of this act, shall become the debts and liabilities of said public schools of the township so incorporated. While the injustice and inequality of this section may well be admitted in certain cases, yet there is no constitutional objection to it. Perrizo v. Kes- ler, 93 / 283-4. (333) . 5905. 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 Disposition of school property. Of moneys raised by tax. GENERAL SCHOOL LAWS. 151 Compensation of board. In case of division of 8ta e shall hereby become the money of the public schools of the township, and no tax heretofore ordered assessed or levied for school purposes in said township, or other proceedings, sh; 1 be invalidated or affected by means of this act. i *34) 5906. SEC. 15. The compensation of the mem- bei * of the board of education other than the secretary and tre isurer shall be two dollars for attendance at each regular me iting of the board. The secretary and treasurer of said bo; rd shall receive such compensation for their services as th< board of education may determine, not exceeding one hu idred dollars for the treasurer and one hundred twenty- fiv dollars for the secretary, per annum. 335) 5907. SEC. 16. When any township district sh; 11 be divided into two or more townships, the existing township. bo. rd of trustees shall continue to act for all the townships un ;il the same shall have been organized and the township bo .rds of trustees duly elected and qualified therein. Imme- di; tely after such organization the township boards of educa- tic Q of each of the townships shall meet in joint session and dii ect an appraisal of all the school property of the former township to be made. When such appraisal has been made, sa d township boards of education shall make an equitable division of the existing assets and liabilities of the school di* tricts of such former township, basing their apportion- rm nt upon the amount of taxable property in the township Alteration, di ided, as shown by the last assessment roll of such former etc- to vnship. When a township district shall be altered in its lir lits by annexing a portion of its territory to another town- sh p or townships, the township boards of education of each of the townships shall, immediately after such alteration, moet in joint session and make an equitable division of the assets and liabilities of the school districts of the township from which the territory has been detached, basing their division upon the amount of taxable property as the same shall appear upon the last assessment roll of such township. Sections 17 and 18 of this act were added by Act 154 of 1903 ; Act 7, P. A 19)9, repealed sections 17 and 18 as so added, and again added section 17 wtich repealed all contravening acts. 152 STATE OF MICHIGAN. Boundaries, how estab- lished, etc. Board of trustees, duty of. Joint meetings, notice of. How made. Chairman and clerk, election of. Maps, alterations of. Filing of. BOUND AKIES OF SCHOOL DISTRICTS IN CITIES. An Act in relation to the boundaries of school districts in cities, and the boundaries of school districts which have been fixed by legislative act. [Act 86, P. A. 1909.] The People of the State of Michigan enact: (336) 5860. SECTION 1. Whenever a change in, or the establishment of, the boundaries of a school district of any city is desired or becomes necessary, such change or estab- lishment may be made by the joint action of the board of education of such district or the board of trustees of such city and the township board of the township in which the territory may be located, or the township boards if the terri- tory affected is located in more than one township, adjoin- ing such district. Whenever any change is contemplated in regard to the boundaries of the school district, and a majority of the members of the board of education or board of trustees shall vote in favor thereof, it shall be the duty of said board to elect four of its members as a committee to meet with the proper township board in the joint meeting herein authorized, and the secretary of the board of education or board of trustees shall notify the township board or boards of the township or townships in which the territory intended to be attached to or detached from the school district is located, that a joint meeting of such township board or boards will be held with the committee of the board of education or board of trustees of the city at a place, on a date and at an hour named in said notice, but not within ten days of the date of such notice. The secretary of the board of education or board of trustees shall notify the township board or boards, through the township clerk of such township or townships, and he shall also notify the committee representing the mem- bers of the board of education of the city of the time and place of such meeting. It shall be the duty of each member of each board or committee to attend such meeting. When the joint boards and committee have assembled they shall elect from their number a chairman and a clerk and shall proceed to consider the changes contemplated and it shall require a majority of all the members elect of the joint boards for affirmative action. The provisions of this act shall apply to all school districts, the boundaries of which have been fixed by legislative act, and to school districts governed by the fourth class city act. When said joint boards have made alterations in the boundaries of the school district, they shall prepare a map showing in detail the boundaries of the original school district and the boundaries of the territory annexed or detahed, and a copy of such map shall be kept on file in GENERAL SCHOOL LAWS 153 offi< ' of the secretary <.f the board of education or board of trustees, and in the oftice of the township clerk or clerks of the township or townships in which tin* territory may be Joe red. T: and '. home rule act provides for the changing of th- fflages and not of school -nee school districts within annexed ^^H ry and school bonds are not affected by action annexing territor said act. Collins v. City of Detroit, 195/331. See, also, Bd. of .tion T. Bacon, 196 \uy persons residing on terri- tor adjoining any city district, or in any school district the DOL idaries of which ha :ixel by legislative act. who des re to have their property attached to or detached from sue t school district, may petition the board of education or the board of trustees thereof to have such territory annexed or etached. as the case may be, and when such petition has bee i received the secretary of the board of education or the boa 'd of trustees shall proceed as hereinbefore stated and cal a meeting of the board of education or board of trustees, an the township board, to take action on such petition. < *3S) - c. 3. When any territory shall be ; att .ched to or detached from the school district of any city. [or ny school district the boundaries of which have been fixed Iby legislative act. in pursuance of the provisions of this act, lit saall in all things ivlativ*- T school matters be governed by the pi>\ law in force and governing such district at he time the < -hange of boundaries is made. i : hoard of education or the board of t any district which by reason of the provisions of tlii act is extended beyond the limits of any single munici- rpality. shall, within the time provided by law. for certifying taxes by i .\vnship clerks, certify to the board of supervisors all a moii ins to be raised therein for school purposes. The bozrd of 11. in accordance with law. apportion sin h school taxes to the several municipalities possessing ter- ritory in such district in proportion to the assessed valuation of each municipality within such district, and shall certify tin same to the proper officer thereof. May peti- tion board. School matters, provisions governing. Certificate. Tux.-s. apportion- ment of. 154 STATE OF MICHIGAN. Continuation of districts. Proviso, territorial limits. Classification. Computation of population. Idem. CLASSIFICATION OF CERTAIN SCHOOL DISTRICTS. An Act to classify all school districts, now in existence or hereafter created, which shall have a population of five hundred or more and less than seventy-five thousand as districts of the third or fourth classes ; to provide for the government, control and administration of such school districts and the schools therein through boards of education ; to provide for the manner of nomination and election of such boards and their powers and duties ; and to repeal all gen- eral or special laws that conflict with the provisions of this act. [Act 166, P. A. 1917.] The People of the State of Michigan enact: (340) SECTION 1. Each and every school district now organized and existing under the laws of this state, and any school district or districts which hereafter may be formed and organized under the said laws, which has a population of five hundred or more and less than seventy-five thousand, shall constitute and continue to be a school district under this act, to be designated and known as the "School District of (here insert the name of the city, village or township in which the whole or the greater part of said school district is situated)," with the same territorial limits which it now has or shall have when formed and organized : Provided, That the territorial limits of any school district may be increased or decreased at any time by consolidation, division or otherwise in accordance with the laws of this state. (341) SEC. 2. The said several school districts shall be and hereby are divided into two classes as follows : (a) Each school district having a population of twelve thousand or more and less than seventy-five thousand, shall be a school district of the third class ; (b) Each school district having a population of five hun- dred or more and less than twelve thousand shall be a school district of the fourth class. (342) SEC. 3. In each and every school district described in section one of this act which embraces all of the terri- tory comprised in a city, village or township, and only that, or which embraces all of the territory comprised in one or more wards of a city and only that, or which embraces all the territory comprised in a city and township, a village and township, or two or more townships, and only that, the latest United States census as set forth in the official report thereof shall be the basis on which the population of said school dis- trict shall be computed. (343) SEC. 4. In every other school district described in said section the population shall be determined by multiply- ing the number of school children of that district, as shown by the annual school census, provided for by the laws of this GENERAL SCHOOL LAWS. 155 taken in the year in which the latest United States ceri ms is taken, by the quotient obtained by dividing the tot 1 population of the county in which the said district or the greater portion thereof is situated, as shown by the report of he latest United States census, by the total number of sell )ol children of the said county, as shown by the school ceii ms for the year in which the latest United States census is 1 iken. i 344) SEC. 5. No change shall be made by any school dis riot from one class of school districts to another except all T the taking of a United States census which shall show the population of such school district to be such as to entitle it i D make such change, or except after the taking of a United St; tes census the method of computation provided for in sec :ion four of this act shall show, x in a district where it is pr per to use it, that the population of said district is such as to entitle it to change from one class of school districts to another, or except where the population of two districts coi solidated subsequent to the taking of the latest United St; tes census and ascertained from the official report of su< h census, or, in a proper case, by the method of compu- tai ion provided for in section four of this act, is such as to en itle the consolidated district to be in a class different f re m the class of either of the districts consolidated. 345) SEC. 6. Whenever hereafter any territory shall be an icxed to any city, village or township forming the whole or a >art of a school district of the third or fourth class, the teiritory so annexed shall become a part of the contiguous school district embracing the whole or some part of said city, village or township, and all property of any school district, situated wholly upon the territory so annexed, shall become th<; property of the school district to which the said territory is adjoined, and said last named district shall assume and par such proportion of the then existing school indebtedness of the district from which such territory is taken as the assessed value of the taxable property in the territory annexed shall bear to the total assessed value, before such annexation w s made, of the taxable property of the entire district from which such territory is taken, the value as shown by the assessment roll for the year preceding the annexation to be used as the basis of the computation. (346) SEC. 7. Each and every school district described in f* J OTtite section one of this act shall be a body corporate, under the name aforesaid, may sue and be sued in its own name, may acquire and take property, both real and personal, for edu- cational purposes, by purchase, gift, grant, devise or bequest, in iv hold and use the same for such purposes, and may sell ai <1 convey the same as the interests of the said school dis- trict may require, subject to the conditions herein contained and to the general school law of this state. As such body rporate each and every said school district shall be the 156 STATE OF MICHIGAN. Fourth-class districts. Board of, education, third-class district. Proviso, continuation in office. successor of any school district corporation heretofore exist- ing within the same territorial limits, and shall be vested with the title to all property, real or personal, now or here- after vested in the corporation of which it is the successor, and the indebtedness and obligations of the corporation super- seded shall become and be the indebtedness and obligations of the succeeding corporation under this act. (347) SEC. 8. In each respect and matter not hereinbe- fore provided for, every school district of the fourth class hereunder shall be subject to and governed by the provisions of the law for graded school districts. (348) SEC. 9. In each school district of the third class hereunder the board of education shall consist of six mem- bers, two of those elected at the first election held under this act shall serve for two years, two for four years and two for six years; thereafter at the next school election imme- diately preceding the expiration of the respective terms of these officers their successors shall be elected to serve for terms of six years and until their successors are elected and qualify: Provided, That the members of the board of edu- cation elected prior to the adoption of this act in any such school district shall continue in office until the expiration of the respective terms for which they were elected, or until their respective offices shall become vacant in the manner hereinafter provided in section twenty, and with the six new members elected at the first election under this act shall constitute the first board of education hereunder. The term of office of each member shall commence on the second Mon- day in July following his or her election, and the school and fiscal year shall begin on that date. (349) SEC. 10. The regular annual school election in each school district of the third class shall be held at the time specified by the law in force in said district, when this law shall go into effect, but the time for holding such election may be changed to the first Monday in June of each year in any such school district, if a majority of the qualified school electors voting in said district voting thereon vote in favor of such change at a regular or special election at which the question of such change is properly submitted to the voters of said district. The members of the board of education in all school districts of the third class hereunder shall be elected at the regular annual school election. (350) SEC. 11. Special elections may be called by the board of education in any school district of the third class hereunder at such times and places in such district as they shall designate, and it shall be the duty of such board to call such an election on receipt of the written request of not less than twenty-five of the legal school voters of the district, by giving the notice hereinafter prescribed. No special election shall be called unless the question to be voted on and decided thereat may lawfully be submitted at such election, and all Term of office. Annual school election. Special elections. JEXERAL SCHOOL LAWS. Qualified school elector, defined. (| lotions to be submitted at such election shall be stated 1 -iefly in the notice thereof. (351) SEC. 12. At any regular or special election in any ( strict of the third class hereunder. every citizen of the 1 nited States of the age of twenty-one years or over, male female, who owns property which is assessed for school t ixes in such district, or who is the parent or legal guardian < ' any child of school age included in the school census of s ich district, and who has resided in said district at least t iree months next preceding such election, shall be a quali- t ed school elector. Any qualified school elector of any such ( istrict who is the owner in his or her own right of property ; ssessed for school taxes in said district and whose name j ppears on the assessment roll of said district at the time < f a school election shall be eligible to be chosen as a mem- 1 er of the board of education for that district at said election : 1 'rovided. That where a husband and wife own property j )intly, which appears on the assessment roll in the name < f one of them only, each shall be eligible to be chosen as a i lember of the board of education for the district where they i re voters and their property is situated. '.".."iLM SEC. 13. In any school district of the third class 1 ereunder where the annual school election is held at the same time as the city, village or township election, the board ( f registration, the election commissioners and inspectors ; nd other election officials provided by law for such city, vil- 1 ige or township election shall act in their respective capaci- ties for said school election, but the registration and poll looks of the school electors shall be kept separate and apart irom all others and separate ballot boxes shall be used for the school election. i .",.':; i SKC. 14. In any school district of the third class l.erennder where the school election is held at another time than the time for holding the city, village or township elec- tion, the board of education shall divide said district into such voting precincts as in its judgment shall be necessary for the school registration and election. Such divisions shall be made at least twenty days prior to the first election held under this act, and a notice containing a diagram of the boundaries of each precinct, with a plain description and the number thereof, shall be posted and published with the iiotice of registration hereinafter provided for. In any such listrict the board of education shall also provide such ballot 3, poll lists and other supplies or equipment as may be iccessary or proper for conducting the school registrations ind elections in said district, shall act themselves as a board )f election commissioners for such district, and shall appoint hree qualified school electors in each voting precinct of said listrict to compose a board of registration and three qualified school' electors in each such precinct to compose a board of ilection inspectors therefor, and such other officers, if any, Qualifications of board members. Proviso, husband and wife. When school and municipal elections held at same time. Registration and poll books. When held at other times. Precincts, when divided.. notice given. Ballot boxes and supplies. Election com- missioners. Board of registration. Election Inspectors. 108 STATE OF MICHIGAN. Vacancies. Idem. Oath. as may be necessary to carry on the school registration and election in such district. Such appointments shall be made at least ten days prior to the time for conducting the registra- tion or election, as the case may be, and the secretary of the board of education shall notify each person so appointed of his appointment. No person shall serve on such boards or as an election officer at a school election, unless he or she is a qualified school elector and resides in the precinct for which he or she is appointed, but the same person may be appointed as a member of both boards. In the event that an appointee is unable or refuses to act, the board of education before the time set for the registration or election may appoint another elector to take his or her place on the board or boards or as such officer. If any of the persons so appointed, for any reason, do not appear at the time and place designated for such registration or election, the member or members of the said board of registration or election inspectors present, or if no such member be present, the electors who are present at the place of registration or elec- tion, may choose a sufficient number of electors to take the place or places on the board of the member or members who do not appear. Each member of such board of registration or election and any other election officer appointed, before entering upon his duties shall take and subscribe the con- stitutional oath of office, to be administered by any member of the board of education. The members of either of said boards of registration or election inspectors may administer oaths in proper cases to persons applying for registration or offering to vote. Each member of the board of registra- tion or election inspectors and each other election officer appointed by the board of education of any district shall receive two dollars per day for his services, the same to be audited, passed and paid in the same manner as other claims against said board of education, but in any district where the registration or election officers for the city, village or township election act at the same time as officers for the school registration or election they shall receive no pay for such services in addition to the pay which they receive for acting at the city, village or township election or registration. When the school registration is completed the registration books shall be turned over to the proper officials for use by them on election day. In any district of the third class hereunder where the school registration or election is not held at the same time as the city, village or township regis- tration or election the polls shall be open for registration and voting for such length of time as the board of education may prescribe. (354) SEC. 15. No elector of any school district of the third class hereunder not registered as herein provided shall be entitled or permitted to vote at any annual or special election of said school district unless his or her vote be sworn Per diem for services. Polls, time open. Votes sworn In. GENERAL SCHOOL LAWS. 159 bstantially as is provided by the general election law. T e registration of the qualified electors in every such dis- ti ct shall be made in each voting precinct thereof, and the n; me, sex and address of each person registering and whether h- or she is the owner of property assessed for school taxes a: d a parent or legal guardian of a child or children of s< 100! age shall be specified in the book or books used for S( 100! registration. Such registration shall in all respects n' t herein specified be conducted as near as may be in the sj me manner as the registration prescribed by the general el action laws. All laws of this state for preserving the purity elections and for preventing fraud and corruption in regis- ti itions or elections and, in all matters not covered by the p ovisions of this act, the general election laws, shall apply ii so far as they are applicable to registrations and elections u ider this act. The first registration of school electors in a y district of the third class hereunder shall be made in ej ch voting precinct of said district on the last Saturday p evious to the date of the annual school election as fixed by tl e law in force in such district when this act shall go into el ? ect and thereafter on the last Saturday preceding each a mual school election in each precinct of every such district n icessary changes shall be made in the, registration lists by tl e board of registration of each precinct : Provided, That tl e board of education of any such school district, whenever it deems it advisable, may provide for a general registration 01 school electors in each precinct of said district, but this registration shall not be earlier than ten days next preceding tl e annual school election in such district. (355; SEC. 16. Notice of the time and place of holding aiiy registration or annual or special election in any school d trict of the third class hereunder shall be given by the city, village or township clerk, where such registration or election is held at the same time as the city, village or town- ship registration or election, and by the secretary of the board ol education, if such registration or election is held at another time than that at which the city, village or township registra- tion or election is held. Such notice of election shall be given a least ten days before the election is to be held, and shall contain besides the time and place of the election, the offices to be filled and the names of the candidates for such offices, together with a brief statement of the substance of any ques- tions to lie submitted to the school electors at such election. Notice of the holding of a meeting of the board of registra- tion shall be given at least fifteen days previous to the time o' holding same, and shall contain, beside the time and place o ! holding it, a statement of the object of such meeting. Notices of registration or of election in any such district shall h' written or printed and posted in at least three public places in each voting precinct of said district, and shall be published in one or more of the daily papers of general cir- Registration, conduct of. Laws applicable. First registration. Subsequent registration. Proviso, general registration. Notice of registration or election. When given. Idem. Posting and publication. 160 STATE OF MICHIGAN. Nomination of board of education. Petition, form of. culation in said district, if any there be, at least six times within the ten days next preceding the registration or elec- tion, and if there is no daily paper of general circulation in said district, the notice shall be published at least once within said period in all of the weekly newspapers of general circulation in said district. (356) SEC. 17. Nominations for members of the board of education of any school district of the third class here- under shall be made by petition signed by not less than fifty qualified school electors of said district and this petition shall'be filed, at least fifteen days before the election at which the nominee is a candidate, with the clerk of the city, village or township, if the school election is held at the same time as the election in the city, village or township in which said district is located, and with the secretary of the board of education for said district, if the election is held at another time than that at which the city, village or township election is held. Said petition shall be substantially in the following form : "We, the undersigned, resident school electors of the school district of (here insert the name of the district) hereby nominate (here insert the name of the candidate) as member of the board of education for the school district of (here insert the name of the district)." No elector shall sign petitions for more candidates than there are members of the board to be elected. Upon the filing of such petition the city, village or township clerk or the secretary of the board of education, as the case may be, shall place the same in the public files of his office and within five days preceding the election shall certify the names of all nominees to be voted on at said election to the election commissioners for said district. (357) SEC. 18. The election commissioners for any school district of the third class hereunder shall prepare and have printed an official ballot for such district, which shall be substantially in the same form as provided in the general election law, on which shall be placed the names of all those who have been duly certified to them as nominees for the office of member of the board of education of said school dis- trict. In the printing of such ballots the names shall be arranged first alphabetically and the first one hundred bal- lots printed accordingly, then the name at the top shall be put at the bottom for printing the second hundred and a corresponding change shall be made with each succeeding one hundred ballots printed. No party emblem or designa- tion shall be placed upon school election ballots. At the head of each ballot shall be printed the words, "For Mem- bers of the Board of Education. Vote for (here insert the number to be elected)." (358) SEC. 19. The board of election inspectors in each precinct of every district of the third class hereunder imme- Filing and certification. Ballot, prepara- tion of. Canvass of vote in precinct. GENERAL SCHOOL LAWS. 161 Returns, when and where made. District canvass. Filing of result. ; di. tely after the close of the polls at any election shall can- [ va s the votes cast in their precinct and make a return ; th' reof to the clerk of the city, village or township, in those r dMricts where the school election is held at the same time i as that of the city, village or township in which the district or the greater part thereof is situated, or to the secretary [ of the board of education, in those districts where the elec- ti< i is held at another time than the city, village or town- sh p election. The city, village or township clerk or the se retary of the board of education, as the case may he, shall pi sent the returns certified to him for the whole district to th board of education for said district at its first meeting t'o lowing the election. The board of education of each such di trict shall convene at the usual hour and place of meeting on the Thursday next succeeding any election and shall cap- l va ;s the returns of the votes cast for all candidates for the oti ce of member of th<> board of education and on any ques- ti< n or questions submitted to the voters of the district at su -h election, according to the returns tiled with them by the eh rk or secretary, as the case may be. When such canvass sh ill be finished the secretary of the board of education sh ill prepare a certificate in triplicate under the corporate se 1 of the district setting out the findings of the board in th matter of the election and giving in detail the number of ballots cast for each candidate and the number of ballots [ ca election, and within ten days after receipt of such notice, each person receiving the same shall tile with the secretary }\\< written acceptance of the otlice to which he has been (icted and shall qualify by taking and subscribing the oath Who deemed elected. When plurality elects. Tie vote. Notice to person elected. Acceptance and oath. 162 STATE OF MICHIGAN. office vacat. 8 How supplied. Special election to fill. of office required by the constitution and filing the same with the secretary of the board. (359) SEC. 20. The office of a member of the board of education of any district of the third class hereunder shall become vacant immediately upon the happening of any of the following events: The death of the incumbent, his resigna- tion, his removal from office, his removal from the district, his conviction of any infamous crime, his neglect to file his acceptance of office, or his refusal to give or renew any official bond, within the prescribed time or his ceasing to be a tax- payer in the school district. In case of a vacancy or vacancies in the -office of member of the board of education in any such district, the remaining members of the board, if three or more in number, shall immediately appoint a qualified elector to fill the vacant office or offices. In the event that the offices of four or more of the members of the said school board become or are vacant at the same time, the remaining members of the board, if such there be, shall call immediately a special election of the district to fill such vacancies, and if such election is not called by the remaining members of the board within twenty days after the happening of four or more vacancies, or if all of the offices of the members of the board shall become vacant, the clerk of the city, village or township in which the district or the greater portion thereof is situ- ated shall call a special election for said district to fill the existing vacancies. Any person elected or appointed to fill a vacancy in the board of education of any district of the third class hereunder shall file his acceptance and qualify as hereinbefore provided and shall hold such office until the next succeeding annual election, at which time the electors of said district shall vote for nominees to fill such office for the unexpired portion of the term. (360) SBC. 21. The members of the board of education of any district of the third class hereunder elected at the first election held under this act shall meet on the second Monday of July succeeding their election and annually on the same day thereafter, and organize the board by electing from their number a president, and secretary and a treas- urer who need not be one of their number. The said board shall hold regular meetings on the second Monday of each month or on such other day or days as it may in its by-laws provide. The said board may in its by-laws provide for call- ing and holding special meetings. A majority of the board shall constitute a quorum and it shall keep a proper record of all of its proceedings. (361) SBC. 22. The duties of the treasurer of such board shall be to keep the funds of said district, to keep proper books of account thereof, to keep an interest account of the interest received from all school funds belonging to the dis trict and credit all interest received thereon to said fund* to pay out the funds belonging to the school district for tl President, secretary and treasurer. Meetings. Quorum. Duties of treasurer. GENERAL SCHOOL LAWS. 163 Duties of secretary. Powers and duties of board. Sites, buildings, etc. pi rposes specified by law, or in the case of gifts or donations fo ' the purposes for which said money is given or donated, 01 a proper order signed by the secretary and countersigned b} the president of the said board, and such other duties as the said board may in its by-laws prescribe. The said b< ird may prescribe the duties of the secretary, and provide fo the salary to be paid to the secretary and treasurer thereof ai d may require proper bonds from such officers. No mem- b< r of such board of education or officer thereof except the sc iretary and treasurer shall receive any compensation for ai y service rendered the district and no member of such b( ard of education or any officer thereof shall be pecuniarily in :erested in any way, directly or indirectly, in any contract w th or for the schools of his district. No member of any si ch board shall be eligible to appointment to any position cj frying with it compensation from the school funds for the sj ace of at least one year following his retirement therefrom. (362) SEC. 23. The board of education of any school dis- ti ct of the third class hereunder shall have the following p< wers and duties : (a) To locate, acquire, purchase or lease in the name of tie district such site or sites for schoolhouses, libraries, aj ricultural farms, athletic fields and play grounds as may IK necessary, to purchase, lease, acquire, erect or build such bi ilding for school or library or for use in connection with agricultural farms, athletic fields and play grounds, as may bt necessary, to pay for the same out of the funds of the district provided for that purpose, to sell any real or per- sonal property of the district which is no longer required thereby for school purposes and to give proper deeds, bills of sale or other instruments passing title to the same; (1)) To institute and maintain proceedings in the proper court for the condemnation of private property for public u^e for all purposes for which said board is authorized by law to acquire and hold property, when said board shall have fiit declared the taking necessary for such use and that the same is for the use and benefit of the public. When the board shall have made such declaration such condemnation proceed- ings sliall be instituted and conducted in the court specified ai d in the manner provided by the general laws of the state relating to the condemnation of private property for public use; (c) To establish and carry on such grades, schools and departments or courses of study as it shall deem necessary 01 desirable for the maintenance and improvement of public ecucation; (d) To establish, equip and maintain agricultural, trade and other vocational schools and, if deemed necessary by si ch board, to acquire land outside the limits of the said school district therefor, and to have general control thereover r school purposes; Condemna- tion of property. Grades, de- partments, etc. Vocational schools. 164 STATE OF MICHIGAN. Borrow money. Proviso. Idem. Proviso. Care and custody of property. Term time. Library or museum. Board of library com- missioners. (e) To borrow for temporary school purposes such sum or snips of money and on such terms as it may deem desirable and to give notes of the district therefor : Provided, That no such loan shall be made for any sum which together with the total amount of any outstanding loan or loans for such pur- poses shall exceed the sum of ten dollars per capita of the school population of the district ; (f ) To borrow such sum or sums of money as it may deem necessary to purchase sites for buildings, play grounds, ath- letic fields or agricultural farms and to purchase or erect and equip any building or buildings which it is authorized to purchase and erect, .or to make any permanent improve- ment which it is authorized to make, and to accomplish this by the issue and sale of bonds of such school district in such form or on such terms as the board may deem advisable, or by any other reasonable means : Provided, That no loan shall be made and no bonds shall be issued for a longer term than twenty years nor for any sum which together with the total outstanding indebtedness of the district shall exceed two per cent on the assessed valuation of the taxable property within such district unless the proposition of making such loan or of issuing bonds shall have been submitted first to a vote of the school electors of the district at a general or special school election and approved by a majority of the electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount which together with the total outstanding indebtedness of the district shall not exceed five per cent on the assessed valuation of the taxable property within the district ; (g) To have the care and custody of all school property and to provide suitable school privileges, sanitary conditions, and medical inspection for the schools of the district; (h) To fix the length of time school shall be kept in all of the schools of the district and to keep the said schools open and free to all persons over five years of age, residents of the district ; (i) To establish and maintain or continue a library or art museum for the public schools of the district, if it shall deem it advisable to do so, and to provide for its care and management. For this purpose said board of education may appoint librarians and hire other employes for such library or museum and fix their salaries, may purchase such books and apparatus as may be necessary, and may include in the general budget for the purpose of the schools such sums as may be necessary for buildings for, and for the maintenance and support of, any library or art museum established, and such board of education may appoint a board of library com- missioners of not to exceed seven persons. Such library board shall have control and direction of the public library < t libraries in such district subject to the approval of the boai GENERAL SCHOOL LAWS. 165 Census. Annual report. civil service. Superin- tendent. < f education therein, and shall keep a correct record of its ] roceedings. All moneys for anv such libraries including i le lines devoted by law to the maintenance of district or ;- ihool libraries in such district, which when collected shall le paid to the treasure!* of the board of education therein, lall be kept by said treasurer and paid out by him on the < rder of the board of library commissioners approved by the s3Cretary of the boa I'd of education: ip To provide for the taking of a school census as ] aquired by law; ik) To make an annual report to the superintendent of ublic instruction at such time and in such form as he may ] rescribe : ih To adopt if it shall deem it advisable, civil service ules for the appointment of teachers who have satisfactorily . i M-\ed a probationary period of not less than three years in i tie schools of said district ; im) To contract with, appoint and employ a sun I erson. not a member of said board, who shall be a col- ] ige graduate or have educational qualifications equivalent ; hereto, as superintendent of the public schools under the < ontrol of the board, who shall hold his office for a term i xed by the board and not to exceed five years, and shall 1 ave the same powers and duties as the superintendent of a j raded school district under the laws of this stat": MII To appoint, in its discretion, a business manager for the school district and fix his term of office: (o) To make an estimate annually on a day to be deter- i lined by the board of the amount of taxes deemed necessary for the ensuing year for the purpose of expenditure within the power of the board, which estimate shall specify the ; mounts required for the different objects, and to report the same as the regular school tax levy for such district to the proper assessing officer or ollieers. who shall apportion the school taxes in the district in the same manner as the other taxes of the city, village or township are apportioned, and the amount so apportioned shall be assessed, levied, collected ; nd returned for each portion of the district in the same manner as the taxes of the city, village or township includ- ing such portion of the district: Provided. That no greater Mini than twelve mills on the dollar shall be levied in any one year for all purposes within the power of the board : and provided in all school districts hereunder in cities having a board of estimates the amount shall be approved by such I board of estimates before levy shall be made: i in To certify to the treasurer of the district for pay- ent out of the school funds thereof all claims and demands gainst the board or district, which shall be allowed by the ard under such rules and regulations as it may estabpsh: H| i To print and publish immediately after each me ling n such manner as the board shall decide all proceeding of Business manager. Annual estimate. Proviso, limit. C4aims. Reports. 160 STATE OF MICHIGAN. When general laws to govern. Acts repealed. Referendum. the board at such meeting and to make and publish annually, at the end of the fiscal year, in some daily or weekly news- paper of general circulation in said district, either separately or in connection with the report or reports of the city, village or township in which the said district or the greater part thereof is situated, a complete report of all its receipts and expenditures ; (r) And in general to do anything not inconsistent with this act which is necessary for the proper establishment, maintenance, management and carrying on of the public schools of such district. (363) SEC. 24. In all matters pertaining to the public schools not provided for in this act the general school laws of the state shall govern and be in effect. (364) SEC. 25. From and after the time when this act shall go into effect according to its terms all acts or parts of acts whether local, special or general, in any wise con- travening any of the provisions of this act shall be repealed. (365) SEC. 26. The foregoing provisions of this act shall not take effect in any school district having a population which brings it within the classification provided for by this act until approved by a majority of the school electors of such district voting thereon at an election at which the question of the adoption of this act for that district is prop- erly submitted. At some regular annual school election within three calendar years after the passage of this act, in each school district having a population of five hundred or more and less than seventy-five thousand, ascertained in the manner hereinbefore provided, the question of the adoption of this act for said district shall be submitted by the proper officers to the school electors of said district. In each dis- trict which shall thereafter attain a population of five hun- dred or more and less than seventy-five thousand ascertained in the same manner, the question of the adoption of this act for such district shall be submitted to the school electors thereof at the annual school election following the attain- ment of such a population r ascertained as hereinbefore pro- vided. In any district having a population described the question of the adoption of this act for such district shall be resubmitted to the school electors thereof at the next annual election whenever a petition asking for such resub- mission at the next annual election of the district, signed by at least fifteen per cent of the school electors thereof, shall be filed with the election commissioners of the district at least thirty days before such meeting or election. The vote upon the question shall be by ballot which shall be in sub- stantially the following form : "Vote "on proposition to adopt the act classifying school districts having a population of five hundred or more and less than seventy-five thousand, as districts of the third and fourth classes, and providing for the government, control and When sub- mitted. Resubmission Form of ballot. GENERAL SCHOOL LAWS. 107 it Iministration of such school districts and the schools t! erein. "Make a cross in the appropriate square below. "Shall the act classifying school districts having a popu- 1. tion of five hundred or more and less than seventy-five thou- s nd as districts of the third and fourth classes, and pro- v ding for the government, control and administration of s ich school districts and the schools therein be adopted. "Yes ( ). "No ( )." Such ballots shall be furnished by the board of education HOW ' any district in which the vote is taken, and shall be depos- 1 ed in a ballot box provided for that purpose in each voting j recinct of the district. Such ballots shall be cast, and can- Howcan- \ issed and the results of the election certified in each school c istrict in the same manner as are ballots on any school : c nestion submitted to the school electors of such district. If t le majority of the qualified school electors of any district ^ ote in favor of the adoption of this act, then the provisions 1 ereof shall be in full force and effect in such district and not i therwise. (366) SEC. 27. The laws governing the public schools in } ny district having the population provided for herein in force. 1 >rce therein at the time of the adoption of this act by the c lectors of such district shall continue in force and the board c f education of said district as provided for in such laws sliall continue to act as the board of education therefor, until furnished. a new board shall be elected and organized as herein pro- \ ided, after which time the board of education as heretofore constituted in such district shall turn over to the new board cf education, elected under this act, all the property, books, records, material, money and effects belonging to such school c istrict, and thereafter the board provided for by this act and ' :s successors shall be responsible therefor. An Act relative to free schools of cities having a population of two hundred fifty thousand or over, and comprising a single school district. [Act 65, P. A. 1919.J The People of the State of Michigan enact: (367) SECTION 1. The board of education of any city hav- ing a population of two hundred fifty thmisand or over, com- prising a single school district, may exercise any power lierein stated, and shall have such rights as are herein given, id shall be governed hereby with respect to things herein ited, notwithstanding the provisions of any general law or special act to the contrary. 168 STATE OF MICHIGAN. Members, how nominated. Boundaries of district. Proviso, facilities for outsiders. Liability of divided district. Unpaid taxes. Primary school money. Ratio of unexpended school taxea. Title to school property. Annual budget. Fiscal year. Contracts for work, etc. Cafeteria for pupils. Gifts of land. (368) SEC. 2. Its members shall be nominated as shall be provided by law for the nomination of officers of the city. (369) SEC. 3. Its boundaries are hereby made and shall be co-extensive with the boundaries of the city and any change in the latter shall automatically work the same change in the former : Provided, however, If in the annexa- tion to the city of a portion of an adjoining school district, the remainder shall be without school facilities, it shall fur- nish school facilities to such remainder, on being paid there- 1'or a sum of money equal to the amount such remainder would raise in taxes for school purposes, if such remainder was a part of the city's school district. It shall assume and pny the debts and liabilities of the district thus divided. It shall take possession of the sinking fund, if any exists, of the district thus divided. It shall take and have the right to collect all unpaid school taxes of the portion of the district taken. It shall take, based on the last school census, such part of the primary school money unexpended and in the treasury of the district, thus divided, as the number of chil- dren of school age in the portion taken bears to the number of children of school age, in the whole district thus divided. It shall take and receive such portion of the unexpended school taxes collected and in the treasury of the district thus divided, as the assessed value of the portion taken bears to the whole district thus divided. In other cases, it shall have no obligation or responsibility towards the remainder or portion of district not annexed. It shall have title to all public school property within its boundaries and in any addi- tion thereto, whether by law or by annexation proceedings, title to any of the public school property in the portion added or taken, shall pass to it. (370) SEC. 4. Its annual budget shall be prepared at the some time and in the same way, as the city's budget, and shall be submitted to and considered by the same board or officers. (371) SEC. 5. Its fiscal year shall be identical with that of the city. (372) SEC. 6. It may authorize a contract for work or services before the money is available, if an appropriation or an authorization of bonds has been made for it and may, after an appropriation or an authorization of bonds has been made, authorize its financial officers to borrow, on the best terms obtainable on the credit of such appropriation or authorization of bonds, any sums necessary to make any pay- ments demanded by said contracts. (373) SEC. 7. It may sell meals to the pupils, but not at a financial loss to the district. It may make a contract for this privilege for a period of not more than three years, or it may engage directly in the business. (374) SEC. 8. It may use and may take, without restric- tion as to location or amount, land by gift or devise. I I GENERAL SCHOOL LAWS. 169 i.'!7.">i SKC. 1). It shall have full power over its employes, ; lay specify tlie duties to be performed by them, and fix the ualiticatioiis necessary for any position, notwithstanding . ny general or special law to the contrary. (370) SEC. 10. It may establish, maintain and conduct a i arental or truant school for the purpose of affording a place < f confinement, discipline, ihstruction and maintenance of < hildren of the city of compulsory school age, who may be iommitted thereto by a court of competent jurisdiction, or dmitted thereto on the recommendation of such judge with he consent of their parents or guardians. It shall give no eligious instruction in such school, nor shall it furnish lothing to any child and no child shall be committed or dmitted thereto who has ever been convicted of any offense, iiinishable by confinement in any penal institution. i:!77i SKC. 11. Whenever it or its financial officers t tempt to sell bonds, the proceeds of which are to be used or school purposes and the bonds are not sold, all the pro- eedings which do not affect or bear upon the objection, or Usability which rendered the sale impossible, shall be valid i ml effectual and may be used to support a subsequent sale, vhen the objection or disability has been removed. i :!7s i SK< -. li*. Bonds for the purpose of the schools may e issued as herein and as otherwise heretofore provided, but diall bear interest at a rate not exceeding five per cent per innnm : they may be issued serially or all made to mature at a ixed time, n the latter, a sinking fund shall be created to provide for their payment, but if the city has a sinking :'und, and by custom or law the debt of the school district has been provided for by the city's sinking fund, this may be con- tinued and all of said city oMicers charged with this duty are for this purpose ex-otlicio made the officers of the school district. i.">7'.n SK . i:;. In addition to its other powers, it may \vith the consent of the legislative body of the city, authorize its financial o ftcerfi to borrow for a period of one year or less, on the best terms obtainable, any sums necessary to pay any awards in condemnation proceed! r. 80) SKC. 11. Any local agency or local officer charged by special or local act passed by the state legislature, with any duty or responsibility to any school or school district, is hereby on the revision or amendment of said act by local authority made the agent or officer "f 1he school district for the performance of the said duty and the discharge of the said responsibility. -I i SKI-. ir>. It shall have no power to admit pupils, both of whose parents live outside the city, to its schools without payment of a tuition fee, nor shall it exercise any power herein conferred except in the manner provided by law for its guidance. Sec. 16 declares this act to be immediately necessary for the preservation of the public peace, health and safety. Powers relative to employes. Truant school. Unsold bonds, validity of. Rate of Interest on bonds, etc. Sinking fund. Short term loans. Local officer in;ulf agent of district. Tuition for non-resident pupils. 170 STATE OF MICHIGAN. Boards to collect fees from appli- cants for certificates. When to be collected by director, etc. of school board. Receipt. Disposition of fees. Annual county institute. TEACHERS' INSTITUTES. An Act to provide for the better support of teachers' institutes, and to repeal sections three thousand seven hundred and eighty-nine, three thousand seven hundred and ninety, and three thousand seven hundred and ninety -one of the compiled laws of eighteen hundred and seventy-one. [Act 53, P. A. 1877.] The People of the State of Michigan enact: (382) 5970. SECTION 1. That all boards or officers, authorized by law to examine applicants for certificates of qualification as teachers, shall collect, at the time of examina- tion, from each male applicant for a certificate, an annual fee of one dollar, and from each female applicant for a certifi- cate, an annual fee of fifty cents, and the director and secre- tary of any school board that shall employ any teacher who has not paid the fee hereinbefore provided, shall collect, at the time of making contract, from each male teacher so employed, an annual fee of one dollar, and from each female teacher so employed, an annual fee of fifty cents. All per- sons paying a fee as required by this section, shall be given a receipt for the same, and no person shall be required to pay said fee more than once in any school year. ACT VALID: This act does not conflict with Const., Art. X, section 1, on the ground that the fees are specific ta.\ca ; nor on the ground that the fees are not uniform. This section is not defective, incomplete, ineffectual and is valid. Hammond v. School Board, 109 / 676. (383) 5971. SEC. 2. All such fees, collected by the director or secretary of any school board, shall be paid over to the secretary of the county board of school examiners of the county in which they were collected, on or before the fifteenth day of March, June, September and December, 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 examiners, shall be paid over by the secretary of said board of school examiners to the treasurer of the county in which they were collected, on or before the last day of March, June, September and December, in each year, accompanied by a complete list of all persons from whom said fees were collected, and a like list, accompanied by a statement from the county treasurer that said fees have been paid to him, shall be sent by said secretary to the superintendent of public instruction. All moneys "paid over to the county treasurer, as provided by this act, shall be set apart as a teacher's institute fund, to be used as hereinafter provided. (384) 5972. SEC* 3. The superintendent of public instruction shall annually appoint a time and place in each GENERAL SCHOOL LAWS. 171 < "ganized county for holding a teachers' institute, make suit- able arrangements therefor, and give due notice thereof: 3 rovided, That in organized counties having less than one proviso, 1 lousand children between the ages of five and twenty years, ^ t h n 8 ( , > 1 p p t e 1 ? na lie holding of such institute shall be optional with the said int-n uperintendent, unless requested to hold such institute by i fteen teachers of the county in which such institute is to be 1 eld : Provided, however, That if there shall not be a suffi- proviso. ( lent number of teachers in any county to make such request, hen teachers of adjoining counties who desire to attend such Qstitute may unite in the required application to said super- ntendent : Provided, also, That the said superintendent may, Proviso, n his discretion, hold an institute for the benefit of two or Qore adjoining counties, and draw the institute fund from ;ach of the counties thus benefited, as hereinafter provided. (385) 5973. SEC. 4. The superintendent of public in case of ', . . _. inability of nstruction, in case of inability personally to conduct any sup erin- nstitute, or to make the necessary arrangements for holding tendent - the same, is hereby authorized to appoint some suitable per- son for that purpose, who shall be subject to the direction of . SK-TION 1. Every parent, guardian or her person in the state of Michigan, having control and < large of any child between the ages of seven and sixteen \ -ars. shall be required to send such child, equipped with the I roper text-books necessary to pursue his or her school work, i > the public schools during the entire school year, and such , (tendance shall be continuous and consecutive for the school ar fixed by the district in which such parent, guardian or i her person in parental relation may reside: Provided, hat in school districts which maintain school during the n tire year, and in which the school year is divided into quar- rs. no child shall be compelled to attend the public school lore than three quarters in any one year: but the absence of o child shall be permitted for any two consecutive quarters: Provided, That in the following cases children shall not be inquired to attend the public schools: (a) Any child who is attending regularly and is being taught in a private or parochial school which has complied with all the provisions of this act and teaches such branches s are taught in the public schools to children of correspond- ing ;ige and grade as determined by the course of study for the imblie schools of the school district within which such pri- ate or parochial school is located, or who. upon the comple- ion of the work in such schools, shall present satisfactory evi- lence to the county commissioner of schools, and in appro Hate cases, to the superintendent of schools, that he has ompleted sufficient work to entitle him to an eighth grade liploma; i In Any child who has received an eighth grade diploma from the public schools: or who is regularly employed as a page or messenger of either branch of the legislature, during the period of such employment: ic) Any child who is physically unable to attend school. If the truant oflicer is notified of the non-attendance of any child at school, and he shall find the one in parental control Children of certain ages required to attend school. Proviso, when school year divided into quarters. Proviso, children not required to attend. Possessor of eighth grade diploma. Physically unfit. I 174 STATE OF MICHIGAN. claiming that such child is physically unable to attend school, the truant officer may secure a written statement of a com- petent physician, certifying that such child is physically unable to attend school; (d) Children over fourteen years of age who have com- pleted the work of the sixth grade whose services are essen- tial to the support of their parents may be excused by the county commissioner of schools or city superintendent of schools from attendance at school, on the recommendation of the board of education of the district in which such children reside, and said board shall certify to the officers herein men- tioned the facts in all such cases : Provided, Nothing in this act or any other act shall prevent children fourteen years of age or over from procuring a permit to work outside of school hours, during the school year; (e) Children under nine years of age, whose parents do not reside within two and one-half miles, by the nearest trav- eled road, of some public school: Provided, That if trans- portation is furnished for pupils in said district, this exemp- tion shall not apply; (f) Any child twelve to fourteen years of age while in attendance at confirmation classes conducted for a period of not to exceed five months in either of said years; any child claiming exemption from attending school under subdivisions (a) or (b) hereof upon the ground of having completed suf- ficient work to entitle him to an eighth grade diploma, shall secure such permit as may be required under the statutes of Michigan covering the employment of minors, and shall be regularly employed at some lawful work if physically able so to do, or any child who has completed the work of the eighth grade who wishes to be employed at some labor for which a labor permit is not required may be granted an excuse for such work by the county commissioner of schools or the superintendent of schools of a city district, or duly authorized agents. Such child must present to the officer who issued the excuse satisfactory evidence each month that he or she is actually performing the work for which the excuse was issued. When services essential to support of parents. Proviso, outside school hours. Distance from school. Proviso, . free trans- portation. Member of confirmation class, etc. Permit required. To report monthly. county roweri. Am. 1917, Act 179; 1919, Act i: j ,2. Act 4, also amended this act, deemed superseded by Act 132. As to the permit contemplated in paragraph (f), see section 417. A child over 16 years of age is not between the ages of 7 and 16 years, and as to construction of age limit, see Jackson v. Mason, 145 / 338. The board of supervisors may reimburse a deputy sheriff for attorney's fees paid to defend himself against an action of malicious prosecution for arrest on a warrant fair on its face, where the officer acted in good faith and was held not liable. Mess- more v. Kracht, 172 / 120. Charge held insufficient to sustain conviction. People v. Turja, 157 / 530. (393) 5980. SEC. 2. The county commissioner of schools in each county shall select a person of good moral character to act as truant officer for the county. The person so selected shall file with the county clerk his acceptance and oath of office and a bond in the sum of one thousand dollars, with two sufficient sureties to be approved by the county clerk. The person so selected shall be known as the county GENERAL SCHOOL LAWS. 175 Proviso, cer- tain cities. Further pro- viso, graded school districts. Further pro- viso, U. P. tr iant officer, and he shall have all the powers of a deputy si 3riff, and he shall perform the duties of truant officer in all sc 100! districts of the county when directed to do so by the c< iinty commissioner of schools, except as hereinafter pro- vi led : Provided, That in cities having a duly organized police f< rce it shall be the duty of the police authorities, at the r juest of the board of education, to detail one or more mem- b< rs of such police force to perform the duties of the truant o icer in such city, but this provision shall not be construed a> prohibiting such board of education from appointing any ci tizen not a police officer as truant officer : Provided further, T lat in graded school districts the board of education shall h ive authority to appoint one or more truant officers and fix t e compensation of the same, said compensation to be paid b - the district : And provided further, That in all townships the upper peninsula organized as township unit districts, t ie board of education of such township shall have authority t appoint one or more truant officers for said township and fi K the compensation for such service, said compensation to be p lid from the proper funds of such school district. For all t >wnships of the upper peninsula not organized as township v nit districts the county truant officer appointed as herein 1 rescribed shall act : Provided, That if in any graded dis- t net or township the board of education does not appoint a truant officer, the county truant officer shall act in such dis- trict or township. The truant officers herein provided for in cities, graded school districts and township unit districts shall give bonds to the board of education in the sum of five lundred dollars, said bonds to be approved by the board of education and filed with said board, and such officers shall 1 ave, within their jurisdiction and while in the performance (f the duties of truant officer, the powers of the deputy sheriff. The compensation of the county truant officer shall le three dollars per day for every day actually engaged in Ihe discharge of his duties, and actual expenses, and all bills lor such service shall be certified by the county commissioner of schools. In cities, when the board of education appoints u truant officer other than a police officer, said board shall ix the compensation for such truant officer and pay such o nicer from the incidental fund. The compensation and ictual expenses of the county truant officer shall be allowed md paid in the same manner as the compensation of other Bounty officers is allowed and paid by the county; and when Mio police authorities detail one or more members of the force is inuint officers, they shall receive such compensation and actual expenses for such service as the board of aldermen or police commission may determine, and be paid from the same fund as the police authorities are usunlly paid: Provided, That this act shall not be so construed as to affect any existing appointment. Proviso. Bonds. County truant officer, compensation. How paid. Proviso. II 176 STATE OF MICHIGAN. Copy of school census furnished teacher. Duty of teacher. Census fur- nished supt. of schools in cities, etc. Duty of su- perintendent. Duty of prin- cipal, etc., of parochial, etc., school. (394) 5981. SEC. 3. (a) It shall be the duty of the school director of all school districts, except in city, graded and township districts, to provide the teacher, at the com- mencement of school, with a copy of the last school census, together with the names and addresses of the persons in parental relation, also address of the county commissioner of schools. The teacher shall, at the opening of school and at such other times as may be necessary, compare said census list with the enrollment of the school and report to the county commissioner of schools the names of the parents or other persons in parental relation whose children of the ages herein- before mentioned are not in regular attendance at school ; also the names of parents or other persons in parental relation who have children of school age not included in such census and who do not attend school; (b) In all city, graded and township districts the secre- tary of the board of education shall, at the commencement of school, furnish a copy of the last school census to the super- intendent ot schools in such city, graded and township dis- tricts, together with the name and address of the truant officer under whose jurisdiction they act, and it shall be the duty of said superintendent at the opening of school to com- pare said census list with the enrollment of the school or schools, and from time to time as it may be necessary report to the proper truant officer the names and addresses of any parents or other persons in parental relation whose children of the ages hereinbefore mentioned are not in regular attend- ance at the public schools, also names of parents or others in parental relation whose children are not in the school and whose names are not included in such census;- it shall be the duty of the principal, or any other person or persons in charge of every private and parochial school in any city or township of the county at the opening of such schools to furnish to the said superintendent or coiinty commissioner of schools the name, age and grade of the child and the city or number of the district, the township and county where the parent, guardian or person in parental relation resides and the name and address of the parent, guardian or other person in parental relation of every child who has enrolled in such schools, and from time to time to report to said superintend- ent or county commissioner the name, age and grade of the child and the city or number of the district, the township and county where the parent, guardian or person in parental relation resides and the name and address of the parent, guardian or other person in parental relation of every child who has enrolled in such schools, and the name, age and grade of the child and the city or number of the district, the township and county where the parent, guardian or per- son in parental relation resides and the name and address of the parent, guardian or other person in parental relation of every child who is not in regular attendance in such schools ; 1 GENERAL SCHOOL LAWS. 177 (c) It shall be the duty of the truant officer of the city Truant officer o district, wherever notified by the teacher, superintendent, tenancy 8 ,"!?? other person or persons of violations of this act, and the c unty truant officer, when notified by the commissioner of s< hools, to investigate all such cases of truancy or non-attend- a ice at school, and if the children complained of are not e :empt from the provisions of this act under the conditions E imed in section one, then he shall immediately proceed as ' is provided in section four of this act: Provided, That Proviso, shall be the duty of the county truant officer when requested ( do so by the county commissioner of schools to inspect the c ithouses in primary districts and order repairs on the same, a id in case the district board, after proper notification by t le truant officer, fails to have such outhouses put in proper i) id sanitary condition it shall be the duty of the said truant ( Ticer to have such work done at the expense of the district ; (d) In case any person, parent or other person in parental Penalty. 1 Nation shall fail to comply with the provisions of this act, 1 e shall be deemed guilty of a misdemeanor, and shall on ( mviction thereof be fined not less than five dollars nor more t lan fifty dollars, or imprisonment in the county or city jail 1 >r not less than two nor more than ninety days, or both such i ne and imprisonment in the discretion of the court. Am. 1917, Act 179 ; 1919, Act 132. (395) 5982. SEC. 4. (a) It shall be the duty of the List of teach- (ounty commissioner of schools to furnish the truant officer to 8 truan\ 8bed c f the county, at the opening of the schools, with a list of officer, the teachers and superintendents employed in his county in school districts other than in such city, graded and town- ship districts as are described in section two of this act; (b) In case any parent or other person in parental rela- Failure to tion shall fail to send the child or children under his or her school* 11 control to the public school, the truant officer, upon having notice from proper authority of such fact, shall immediately and within twenty -four hours thereafter give formal written notice in person or by registered mail, to the parent or other nersMii in parental relation, that the child or children under !iis or her control shall present himself or themselves ai "he public school, except MS hereinbefore provided, on the day 'ollowing the receipt of such notice, with the necessary text )ooks for instruction in the proper school or schools "of the listrict or city. Said notice shall inform the parent or rther person in parental relation of the date that attend ince must begin and that such attendance at school must be ontinuous and consecutive during the remainder of the school year as taught in the district. The truant ollicer shall, t the same time the said formal notice is given to the par- t or person in parental relation, notify the teacher or perintendent or commissioner of the fact of notice, and it shall be the duty of the teacher or superintendent or com oner to notify the truant officer of failure on the part - missi 178 STATE OF MICHIGAN. Complaint when made against parent, etc. Proviso. of the parent or other person in parental relation to comply with said notice; (c) It shall be the duty of all truant officers, after having given the formal notice hereinbefore described, to determine whether the parent or other person in parental relation has complied with the notice, and in case of failure to so comply he shall immediately and within three days after having knowledge or being notified thereof, make a complaint against said parent or other person in parental relation having the legal charge and control of such child or children, before any justice of the peace in the county where such party resides for such refusal or neglect to send such child or children to school; and said justice of the peace shall issue a warrant upon said complaint and shall . proceed to hear and determine the same in the same manner as is provided by statute for other cases under his jurisdiction, and in case of conviction of any parent or other person in parental rela- tion for violation of this act, said parent or other person in parental relation shall be punished according to the pro- visions of section three of this act : Provided, That in cities having a recorder's court and justices of the peace, the truant officer shall make the aforesaid complaint before the magis- trate of said recorder's court or before a justice of the peace, and said magistrate or justice shall issue a warrant and proceed to hear and determine the case in the same manner as is provided in the statute for other cases under his juris- diction ; (d) It shall be the duty of all school officers, superintend- ents, teachers or other persons to render such assistance and furnish such information as they may have at their command to aid such truant officer in the performance of his official duty. Am. 1917, Act 179. (396) 5983. SEC, 5. In any graded or city district in this state, the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of certain children as defined and set forth in the following section. They may, through the truant officer and superintendent of schools, require such children to attend said ungraded schools, or any department of their graded schools, as said board of education may direct. (397) 5984. SEC. 6. The following classes of persons between and including the ages of seven and sixteen years residing in graded school districts or cities as described in section five of this act shall be deemed juvenile disorderly persons and shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools as provided in section five of this act: Class one, habitual truants from any school in which they are enrolled as pupils ; class two, children, who, while attending any school, are incorrigibly turbulent, disobedient or insubordinate, or are Teachers, etc., to aid truant officer. School boards may establish ungraded schools. May require attendance. Juvenile dis- orderly per- sons, who deemed. GENERAL SCHOOL LAWS. 179 vi ious and immoral in conduct; class three, children who ai } not attending any school and who habitually frequent st eets and other public places, having no lawful business. en ployment or occupation. ec. 7 repeals A< t on of 1895, being C. L. 1897, 4847-4852. See 5985, C. M 1915. . charge that respondent was a disorderly juvenile offender, in that she IM-K- lei ed and refused t<> g.> to school, and was a truant and is an unmanageable ch d, is Insufficient to sustain a conviction (C. L. 1915, 15576). People v. Ti -ja, 157 / 530. An Act to provide for the r'-i^piusury education of deaf children. If A. -i 4X, 1'. A. 1907.] The I't'oplc oj the State of Michigan enact: (398) 5986. SECTION 1. Every parent, guardian or when chii- 01 her person in the state of Michigan having control or schSof^Ir to cl arge of any child or children between the ages of seven the deaf. ai d eighteen years, and who by reason of deafness or imper- ft 2t hearing cannot be taught successfully in the public s< hools, shall be required to send such child or children to a day school for the deaf, the Michigan school for the deaf, located at Flint, or to such other school for the deaf as the s; id parent, guardian, or other person in parental control, p -efers : Provided, That should the parent, guardian or other proviso. p.-rson in parental control of said child or children fail to nceet the foregoing provision, then such child or children shall be sent to the Michigan school for the deaf, located at Flint. (399) 5987. SEC. 2. In cases where such parent, Transporta- g lardian or other person, on account of their poverty, are JJJJ children. 11 lable to furnish such child or children with transporta- tion to and from such school, the board of trustees of the Michigan school for the deaf shall furnish such transporta- tion each year, and the said board of trustees may include therewith transportation for such parent, guardian or other pMson to said school and return, where the child is under t'vehv years of a. UP. and for that purpose may issue a cer- titicatc directed to the auditor general that said amount is n M-rssary for the benefit of such individuals, who shall draw his warrant upon the state treasurer therefor; and any such Sums, how s in is are hereby appropriated and shall be paid out of any where" 1 ' moneys in the general fund, not otherwise appropriated, and the auditor general shall charge all such moneys, so drawn, to the county of which such parent, guardian or other person is a resident, or to which he or she belongs, to be collected and returned to the general fund the same as any state taxes are required to be by law. (400) 5988. SEC. 3. Act number two hundred of the e r * all j act I nblic acts of nineteen hundred five, entitled "An act to pro- \ide for the compulsory education of children, for penalties 180 STATE OF MICHIGAN. for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same," shall apply in the execution of this act, and the officers mentioned in said act shall be required to report all cases of deaf children residing in their jurisdiction to the Penalties. superintendent of the Michigan school for tbe deaf, and they shall enforce this act in the same manner as the said act number two hundred of nineteen hundred five is enforced. The same penalties prescribed for violation of said act are hereby prescribed for violation of this act. Time may remain in school. Dismissal and transfer. Duty of secretary of state. Census enumerator. List of names of blind chil- dren, by whom made, verified, etc. An Act to provide for the maintenance, supervision and government of the Michigan school for the blind, and to repeal all acts and parts of acts inconsistent herewith. [Extract from Act 123, P. A. 1893.] (401) 1474. SEC. 7. The period in which pupils shall be entitled to remain in said school shall be twelve years, or the board of control may, in cases where they deem it advis- able, extend such time to fourteen years. This section shall not be so construed as to prohibit the said board of control from dismissing any pupil within the such period for per- sistent disobedience, immoral conduct, or other sufficient cause, neither shall anything in this act operate to prohibit the transfer of any child over the age of eighteen years to the Michigan employment institution for the blind upon con- sent granted by the board of control of the Michigan school for the blind, and whenever, in the discretion of said board, the transfer of any such child will be for its best interests or the best interests of the said Michigan school for the blind. NOTE. Act 188, P. A. 1917 provides for the temporary care and maintenance of blind children under the age of six years in the state public school pending arrangements being made at Michigan school for the blind for care of said children. (402) 1476. SEC. 9. It shall be the duty of the secre- tary of state to make out and forward to the superintendent of the Michigan school for the blind, on or before the first day of November in each year, on blanks prepared for that purpose, a copy in detail of so much of the statistical infor- mation received by him by virtue of any law of this state as relates to the blind. It shall be the duty of each school census enumerator provided for in the general school laws of the state, within the district, ward, or portion thereof, allotted to him, to procure the name, age, residence, and the name and residence of the parents or guardians or persons in control or in charge of each blind child, and of each child whose vision is so defective as to make it impossible to prop- erly educate such child in the public schools, between the ages of seven and nineteen years. (a) The said enumerators in addition to their duties now prescribed in the general school laws shall make a list of the names of all blind children, or children whose vision is so defective as to make it impossible to properly educate them GENERAL SCHOOL LAWS. 181 in :he public schools, together with the- data herein author- ize- I to be semred. which Jist shall be verified by oath or atf filiation of tin* person Inking such census, by ailidavit ap >eiided thereto, or inserted thereon, setting forth that it is , correct list of the names of all the children herein desig- na ed, residing within the particular school district, ward, or portion thereof. Said ailidavit may be made before the township clerk or any other officer authorized by law to tal e acknowledgments. Blanks for this purpose shall be fu. nished by the department of public instruction to the sec- re^ iry of every school board within the state. The said lis shall, after it has been properly verified, and within the tii e prescribed by the general school laws for the filing of ce sus lists, he forwarded by the secretaries of the said scl ool boards to the superintendent of public instruction and a opy thereof shall be filed with the proper officer of the to- mship or city, as the case may be. The said superintend- eu of public instruction shall, immediately upon receipt of th various lists, prepare and tabulate a report containing th name, age ami residence of each blind child, and each Hi Id whose vision is so defective as to make it impossible for it o be properly educated in the schools for the seeing within tli s state, together with the names and residences of the pa -en Is, guardian, or person having the control of any such ch Id, which report shall be forwarded to the superintendent Kthe Michigan school for the blind. b) It shall be the duty of every parent, guardian, or ter person, having control or charge of any child or chil- drMi in the state of Michigan, between the ages of seven and nineteen years who are blind, or whose vision is so defective as to mak* it impossible to have them properly educated in ili- schools for the seeing, to send such child, or children, to tin- Michigan school for the blind, to be received at that school in accordance with the provisions of the statute, and th-' rules and regulations which are or may be prescribed by tin- hoard of control of said school: Provided. That the par- ent. guardian or person having control of any such child shill not he required to semi them to the Michigan school fo the blind when they come within any one of the following . Any child or children being educated in any private parochial school; (2 1 Any child or children physically or mentally incom- petent of being educated : to i Any child or children over the age of seventeen years who have been taught and are employed and are working at |a ;rade ; i 1 * Any child or children of the age of eighteen years e.mploved at the Michigan emplovment institution for the To whom forwarded. Duty of supt. public in- struction. When children to be sent to Mich- igan school for blind. except inns. 182 STATE OF MICHIGAN. Duty of sup- erintendent of school. Truant officer. When super- intendent to notify truant officer. When to en- force act. Proceedings in indigent cases. Penalty for violation. (c) It shall be the duty of the superintendent of the Michi- gan school for the blind to furnish to the county commis- sioner of schools of every county, and to the secretary of the school board in every city or village, a list of the names of such children within such county, city or village, as come within the provisions of this act. Each truant officer shall, when notified by the board of control, or by the superin- tendent of the Michigan school for the blind, or by anyone appointed or designated by them, or by the county commis- sioner of schools, that there are within such village, city or county, as the case may be, children who come within the provisions of this act, investigate all such cases and report the conditions found to exist to the superintendent of the Michigan school for the blind, and the commissioners of schools of the county. The superintendent of the Michigan school for the blind shall, upon receipt of such report from any truant officer, determine whether or not the children in question are included within the provisions of this act, and if in his judgment such children are included within the provisions of this act, and are not included within the exempted classes named herein, he shall notify the proper truant officer, who, upon receipt of such notice, shall take such steps against the parents, guardian or other person hav- ing charge or control of any such child or children, to enforce the provisions of this act, as are now prescribed in act two hundred of the public acts of nineteen hundred five, as amended, relative to compulsory education under the general school law. (d) In case when such parent, guardian or other person, on account of indigent circumstances, are unable to furnish such child or children with transportation to and from such school, the board of trustees of the Michigan school for the blind shall provide such transportation each year, and the said board of trustees may include therewith transportation for such parent, guardian or other person to said school and return, when the child is under twelve years of age, and for that purpose may issue a certificate directed to the auditor general that said amount is necessary for the benefit of such individuals, who shall draw his warrant upon the state treas- urer therefor, and any such sums are hereby appropriated, and shall be paid out of any moneys in the general fund, not otherwise appropriated, and the auditor general shall charge all such moneys, so drawn, to the county of which such parent, guardian or other person is a resident, or to which he or she shall belong, to be collected and returned to the general fund, the same as any state taxes are required to be by law. (e) Anyone refusing to comply with any of the provi- sions of this. act, and any parent, guardian or other person who shall wilfully refuse to send any children coming within the provisions of this act and not herein expressly exempted, <; KXERAL SCHOOL LAWS. 183 to ;he Michigan school for the blind, or who shall detain an;\ such children who should be in attendance at said scli >ol, shall, upon conviction by any court of competent aut hority, be deemed guilty of a misdemeanor and shall be sul ject to such penalties as are prescribed in said act two hu dred of the public acts of nineteen hundred five as aiii ;nded for the violation of any of its provisions. All pro- vis ons of said act two hundred of the public acts of nine- tec i hundred five are made applicable hereto except in so far as ;hey may be inconsistent herewith. NSTRUCTION, ETC., OF ADULT BLIND PERSONS. An Act authorizing the superintendent of public instruction to afford : ritable instruction and vocational training to adult blind persons in 1 icir respective homes and communities, with a view to meeting their < ducational needs and enabling them to contribute to their own sup- 1 ort, and to employ assistants therefor, and making an appropriation meet the same. [Act 219, P. A. 1919.] The People of the State of Michigan enact: (403) SECTION 1. The superintendent of public instruc- ti( n is hereby authorized to provide direction and supervision of suitable instruction and training of adult blind residents of this state in their respective homes or communities, with a view to meeting their educational needs and enabling them to contribute to their own support. (404) SEC. 2. In the discharge of the foregoing powers, tha superintendent of public instruction is authorized to co operate with the boards of education of local communities ar d with such organizations and institutions as he shall deem ne cessary. (405) SEC. 3. The superintendent of public instruction is hereby authorized to employ such assistants, not in excess of two, as may be necessary to carry out the intents and pur- poses of this act. The compensation of such assistants shall not exceed the sum of one hundred twenty-five dollars per month and actual and necessary expenses for the time actually engaged in such work; and the same shall be paid from the general fund on warrant from the auditor general in the same manner that the clerks in the department of the superintend- ent of public instruction are paid. (406) SEC. 4. There is hereby appropriated out of the g-meral fund in the state treasury, for carrying out the pro- \ sions of this act, for the fiscal year ending June thirty, nine- teen hundred twenty, the sum of six thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twenty- one, the further sum of six thousand dollars. And the auditor Act applicable. Instruction, etc., of blind adults. Co-operation. May employ assistants. Compensa- tion. How paid. Appropria- tion. Tax clause. 184 STATE OF MICHIGAN. general shall add to and incorporate in the state tax for the year nineteen hundred nineteen the suin of six thousand dol- lars, and for the year nineteen hundred twenty the sum of six thousand dollars, to reimburse said fund for the sums hereby appropriated. Blind chil- dren, care, etc., of cer- tain. Maintenance, education, etc. Proviso. Time child to be kept. Tax clause. CAKE AND INSTRUCTION OF BLIND BABIES. An Act to provide for the care, maintenance and instruction of blind babies and children under school age. [Act 258, P. A. 1913.] The People of the State of Michigan enact: (407) 1480. SECTION 1. The state board of education shall have power to provide for the suitable care, mainte- nance and instruction of babies and children under schooL age residing in this state, who may be born blind or become blind in any case where by reason of lack of means or other cause the parent or parents of such children may be unable to properly care for, maintain and educate such children. (408) 1481. SEC. 2. For the purpose of providing such care, maintenance and education the said board of edu- cation shall have power to contract with any institution having or furnishing facilities for such care, maintenance and education in this or any other state at a contract price to be agreed upon, not exceeding five dollars per week per child: Provided, That such contract shall be made by and with the written consent of the parents or surviving parent of any such child. (409) 1482. SEC. 3. Such contract shall continue in force and the care, maintenance and education provided therein shall continue until such child attains the age of six years. (410 ) 1483. SEC. 4. There shall be included in the tax to be levied for state school purposes, a rate sufficient to raise the sum of twenty-five hundred dollars, in addition to all other sums provided by law, which sum, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of this act. (411) 1484. SEC. 5. Nothing in this act contained shall be deemed to repeal or in any way modify any existing law with reference to the education of the deaf, dumb and blind. GENERAL sniool. LAWS. MISCELLANEOUS nFFKXSKS. An Act to prevent crime and to punish truancy. [Act 21'L', I'. A. 1S87.] 77/r /Vo/^r of the State < i son knowing of the facts of his own knowledge, that such m nor has been guilty of any of the acts specified in section on- of this act. such justice of the peqce, police justice or olher criminal magistrate, shall issue a warrant for the a i rest of such minor, and upon conviction such minor, if a h< y, may be sentenced by such justice of the peace, police jus- tice or criminal magistrate, to the industrial school for hoys rsing, and if a girl, to the industrial home for girls at , boys until eighteen years of age, and girls until What chil- dren deemed truants or disorderly persons. Who to make complaint. Term of sentence. 186 STATE OF MICHIGAN. twenty-one years of age, unless sooner discharged according proviso as to law : Provided. That no person or persons shall be sent to approval . , . , . , . , . f . .1-1 of sentence, to the said industrial school for boys or to the industrial home for girls until the sentence therein has been submitted to and approved by one of the judges of the recorder's court of the city of Detroit, or judge of the superior court of the city of Grand Kapids, or any circuit judge or probate judge of the county in which such conviction shall be had. (414) 15578. SEC. 3. The same proceedings shall be had upon the trial of any person charged with being guilty of any of the offenses mentioned in section one of this act before the justice before whom such person is brought as are had in trials for misdemeanor, as far as the same are appli- cable, and the state agent for the care of juvenile offenders of the county wherein such offenders may be on trial shall have authority and take the same action in the premises as is provided by act number one hundred and seventy-one of the session laws of eighteen hundred and seventy-three of this state. Proceedings upon trial. Duty of state agent. Parents, etc., of delinquent children, re- sponsibility of, penalty. Proviso as to suspension of sentence. An Act to provide for the punishment of persons responsible for or contributing to the delinquency of children. [Act 314, P. A. 1907.] The People of the State of Michigan enact: (415) 2028. SECTION 1. In all cases where any child shall be a delinquent child, or a juvenile delinquent person, as defined by the statutes of this state, the parent or parents, legal guardian or person having the custody of such child, or any other person, responsible for or by any act encouraging, causing or contributing to the delinquency of such child shall be guilty of a misdemeanor, and upon trial and conviction thereof, "shall be punished by a fine not exceeding the sum of one hundred dollars or imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment: Provided, That the court may, in its discre- tion, suspend sentence upon any person found guilty under this act upon conditions which may be imposed by the court at the time of the suspension of such sentence. s1ude r n s ts! r not An Act to provide for the protection of children. (From this act only such portion is quoted as relates directly to students in schools.) [Act 260, P. A. 1881.] (416) 7223. SEC. 2. No minor child under seventeen years of age, nor any minor who is a student in any public, GENERAL SCHOOL LAWS. 187 pri /ate or parochial school in the state of Michigan, shall be peimitted to remain in any saloon, bar room or other place wl ire any spirituous or intoxicating liquor, or any wine or j be< P, or any beverage, liquor or liquors containing any spiritu- ou or intoxicating liquor, beer or malt liquor is sold, given a\\ ly or furnished for a beverage ; or in any place of amuse- IIH it known as dance houses, concert saloons, variety thea- tei *; or in any house of prostitution; or in any room or hall oc upied or used for hire, gain or reward, for the purpose of playing billiards, pool, cards, dice or any other unlawful ga ne; or in any room or hall used or occupied for gaming, poil-selling or betting in any manner whatever; or in any ro >m or hall in which any cigars or tobacco are sold or kept ' fo sale, where any such games are played. Any proprietor, Misdemeanor. kc -per or manager of any such place who shall permit such in aor child or minor student to remain in any such place, an 1 any person who shall encourage or induce in any way su -h minor child or minor student to enter such place or to re aain therein shall be deemed guilty of a misdemeanor, and oi] conviction thereof shall be punished by a fine of not less Penalty. ill in twenty-five dollars nor more than fifty dollars, or by in prisonment in the county jail not less than ten days nor in < re than thirty days, or both such fine and imprisonment in the discretion of the court. EMPLOYMENT OF CHILDREN. [Extract from Act 285, P. A. 1909.] (417) 5331. SEC. 10. No child under the age of t \\cnty-one years shall be employed, permitted or suffered to work in any theater, concert hall, or place of amusement where intoxicating liquors are sold. No child under fifteen yi irs of age shall be employed, permitted or suffered to work in or in connection with any mercantile institution, store, oil ice, hotel, laundry, manufacturing establishment, mine, bowling alley, billiard or pool room conducted for profit, thea- I ter, passenger or freight elevator, factory or workshop, tele- graph or messenger service within this state: Provided, This section shall not apply to any child of the age of fourteen v< ars or over, working on Saturdays or other days during the school year, outside of school hours or during the established \; cation periods in preserving perishable goods in fruit or getable canning establishments or in any mercantile insti- tions, store, office, hotel, laundry, manufacturing establish- cnt. factory or workshop, telegraph or messenger service hin this state. It shall be the duty of every mercantile ilution, store, hotel, office, laundry, manufacturing estab- meiit. mine, bowling alley, workshop, telegraph or mes- Child under 21 not to work where liquor sold. Child under 15, where not to work. Proviso, child under 14, on Satur- day, etc. Register to be kept, what to contain. 188 STATE OF MICHIGAN. Child under 16, not to be hired without permit. Who to issue. Return of permit. Limited vaca- tion permits. Inspection of permit and register. No fee for permit. senger service or any person coming within the provisions of this act to keep a register in which will be recorded the name, birthplace, age and place of residence of every person employed under the age of sixteen years, and it shall be unlawful for any such establishment or person to hire or employ, or permit to be hired or employed or suffered to work, any child under the age of sixteen years without there is first provided and placed on file in the business office thereof a permit issued by the superintendent of schools of the school district in which such child resides, or the county commissioner of schools, or some one duly authorized by him in writing, any of whom shall have power to administer oaths in relation thereto. Such permit shall be returned imme- diately to the issuing officer by the employer when such child leaves such employment. A child shall be considered as hav- ing withdrawn from his employment when he or she shall have absented himself or herself from work for five full working days without explanation. Every limited vacation permit, hereinafter to be described, shall, upon its expiration, be void and of no effect. The said register and permit shall be pro- duced for inspection on demand of any factory inspector appointed under this act. No fee shall be charged for such permit or other record required by this act by any officer by whom it shall be issued. Every employer complying with the provisions of this section shall be at liberty to employ the person so presenting the permit hereinbefore referred to, and is justified in considering and treating such person as of the age shown in such permit and shall not be liable, if it transpire that such person is under the age represented in such permit, to any greater extent than such employer would be liable if such person were of the age represented. The person authorized and required to issue such permit shall not issue the same until he has received, examined, approved and filed the following papers duly executed : (a) The school report of said child properly filled out and signed as hereinafter provided : Provided, however, That when such permit is issued during the summer vacation or for working on Saturdays or other days during the school year, outside of school hours no such record shall be required, but all such permits, called in this act limited vacation per- mits, shall expire upon the first Monday in September, com- monly called Labor Day, shall contain a conspicuous state- ment of the time at which they shall expire and shall be of a special color distinct from regular permits ; (b) A passport, or duly attested transcript of the record of birth, as kept by any duly authorized public authority, or a record of baptism or other religious record, showing the date and place of birth of such child ; (c) A statement from a physician connected officially with the board or department of health, which shall be required, however, only in case the above mentioned official Prerequisites to issuance of permit. School report. Proviso, Sat- urdays, vaca- tion, etc. Limited vaca- tion permits expire Labor Day. Attestation as to birth. Idem, physician's statement. GENERAL SCHOOL LAWS. 189 religious record cannot be produced, which statement shall c< rtify that, in the opinion of the physician issuing said statement, the child is fifteen years of age or upwards, is ii sound health and physically able to perform the work \\iich it intends to do. Such statement shall also certify t the correct weight and height of said child, and shall be k jt on lile by the person issuing working permits; such per s n may, in his discretion, require also an affidavit from the 1 r such work shall be determined by a medical officer of t le board or department of health. Every such permit shall le signed in the presence of the officer issuing the same by t le child in whose name it is issued ; and shall state the ('ate and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any dis t nguishing facial marks of such child, and that the paper r 'quired by the preceding sections has been duly examined, approved and tiled, and that the child named in such permit 1 as appeared before the officer signing the same and been examined. The school record required by this article shall le signed by the principal or chief executive officer of the school which such child has attended and shall be furnished In demand to a child entitled thereto. It shall contain a tatement certifying that the child has regularly attended the public school, or schools equivalent thereto, or parochial schools for not less than one hundred days during the school previous to his arriving ;it the age of fifteen years or Hiring the year previous to applying for such school record. ; nd is able to read intelligently and write legibly simple sentences in the Knglish language, and in the case of the public schools, has passed sat isfaciorily the work of the ol up to and including the work of the sixth grade, as ovided in the course <>f study of the public schools, or in le case of schools other than public, the equivalent thereto, uch school record shall also give the age and residence of child as shown on the records of the school and the W.-i-ht and height. Affidavit from parents. Ability to road :uid write. Normal de- velopment. Proviso. Doubtful cases. Permit, li >'.v signed, what to state. School record, how signed and fur- nished. What to con- tain. Idem, age and residence. 190 STATE OF MICHIGAN. Proviso. Child to report monthly. Proviso. False state- ments. Penalty. Continuation classes. name of its parents or guardians or custodian: Provided, That in the case of limited vacation permits or permits to work on Saturdays or other days during the school year, outside of school hours the school record and all other require- ments relating to educational qualifications shall be waived, but all other requirements shall be complied with as pre- scribed in this section. Every month after the issuance of a permit the child shall report to the person who issued same, either in person or in writing, through its parent, or guardian, stating that the child is employed, giving the name of employer and the location of the place of employment, and if not employed said child shall be compelled to attend school : Provided, That nothing in this act shall be used to invalidate the right of any minor over the age of fourteen years to use a working permit issued before the passage of this act ; (e) Any person who shall make a false statement, tran- script, passport, school certificate, certificate of physical fit- ness, school record or any other writing required to be made or filed by the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than ten nor more than one hundred dollars or imprisonment for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court ; (f ) Whenever continuation classes shall be established for minors under sixteen years of age working as now permitted by law, or out of school by permission to help at home, every such child residing in any city in which such classes are established shall attend such classes not less than four hours per week and every employer shall allow all minor employes under eighteen years of age who have not completed the eighth grade, a reduction in hours of work of not less than the number of hours the minor is by this section to attend schools. Am. 1917, Act 280. Drake v. Industrial Works, 174/623; Powell v. E, H. Stafford Mnfg. Co., 183 / 1. NEGLIGENCE. The employment of a child under the age of 13 years to work upon a mangle in a laundry is plainly a violation of this statute, 184 / 479 ; Paskvan v. Allouez Mining Co., 185 / 332. For blank forms in connection with this section, see Appendix. unlawful to organize, etc. FRATERNITIES, SORORITIES, ETC., ABOLISHED. An Act to abolish fraternities, sororities and all other secret societies among the pupils of the public schools of the state of Michigan. [Act 271, P. A. 1011.] The People of the State of Michigan enact: (418) 5827. SECTION 1. It shall be unlawful for any O f fo e public schools of the state of Michigan in any GENERAL SCHOOL LAWS. 191 Teacher, duty of. Board of education, Investiga- DI inner to organize, join or belong to any fraternity, sorority oi any other secret society composed or made up of pupils o: the public schools. (419) 5828. SEC. 2. It shall be the duty of every t< icher, principal, or superintendent, having knowledge or r< ason to believe that such fraternity, sorority, or any other s< 2ret society is being organized or maintained in any of the s< hools of the state, or that any of the pupils attending said s< hools are organizing or belonging to such fraternity, soro- rity or any other secret society, to advise immediately the 1 1 csidcnt or secretary of the board. of education in charge o such schools, of such facts. Upon receipt of such notice, o of any other information that this act is being violated, t] e board of education shall proceed to investigate the facts tlon- c ncerning the same, and if after giving all pupils suspected o such violation a reasonable opportunity for a hearing, it s all satisfactorily appear to the board of education that any p ipil has become connected with such an organization, or h is promised to join such organization, the board shall take s ich steps as it shall deem necessary to abolish such organi- z tion, and it may inflict such punishment on the pupils so c nnected therewith as the board shall deem expedient. (420) 5829. SEC. 3. Any officer, teacher, principal, s iperintendent or other person mentioned in this act neglect- ii g to perform any duty imposed upon him by this act, upon conviction thereof shall be fined not less than ten dollars n >t more than twenty-five dollars for each offense. Penalty for neglect. TEACHERS' ASSOCIATIONS. An Act to incorporate teachers' associations. [Act 117, S. L. 1855.] The People of the State of Michigan enact: (421) 10174. SECTION 1. Any fifteen or more teach *s, or other persons residing in this state, who shall associate *poration >r tho purpose of promoting education and science, and nprovements in the theory and practice of teaching, may )rin themselves into a corporation, under such name as they lay choose, providing they shall have published in some e\vspji|H*r printed at Lansing, or in the county in which such ssocintion is to he located, for at least one month previous, notice of the lime, place and purpose of the meeting for ch association, and shall file in the office of the secretary state a copy of the constitution and by-laws of said asso- ation. 192 STATE OF MICHIGAN. May hold property. Restrictions upon its use. Privileges and liabilities of corporations. (422) 10175. 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. (423) 10176. SEC. 3. Upon becoming a corporation, as hereinbefore provided, they shall have all the powers and privileges, and be subject to all the duties of a corporation, according to the provisions of chapter fifty-five of the revised statutes of this state, so far as such provisions shall be applicable in such case, and not inconsistent with the pro- visions of this act. Chap. 55 referred to is sections 11328-42, C. L. 1915. Retirement fund board. Terms of office. Vacancies. Officers of board. Terms. Secretary, compensation. Expenses. Annual meeting. Absence from meetings. An Act to provide for a retirement fund for teachers in certain cases. [Act 174, P. A. 1915.] The People of the State of Michigan enact: (424) 5767. SECTION 1. There shall be a teachers' retirement fund board, hereinafter called the retirement fund board, consisting of the superintendent of public instruction and five other members appointed by the governor. At least one of such members shall be a woman teacher in the public schools. The first appointments shall be made within ten days after this act takes effect. The members of such board first appointed shall hold office respectively for terms of one, two, three, four and five years from August one, nineteen hundred fifteen, to be designated in the appointments. Their successors shall be appointed for terms of five years. A vacancy in the office of any member shall be filled for the unexpired term by the governor. (425) 5768. SEC. 2. There shall be a president, a vice-president and a secretary of said board to be elected by a majority vote of the members of the board. The president and vice-president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board, but shall not exceed three years. The secretary shall not be a member of the board. His salary or compensation shall be fixed by the board, but shall not exceed eighteen hundred dollars a year. The members of the board shall serve with- out compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing services as members thereof. The board shall meet annually at Lansing, on the first Friday in October, and shall hold such other meetings as they deem necessary. If a member of the board be absent from two consecutive meetings without reasonable excuse for such absence, accepted by the board, his office shall be declared vacant by the board, and such vacancy filled as hereinbefore provided. GENERAL SCHOOL LAWS. 193 (426) 5769. SEC. 3. The state treasurer shall be e: -officio treasurer of the retirement fund and shall be the ci stcHlinn thereof. The moneys belonging thereto shall bo d- posited by him in banks or trust companies, subject to the s. me provisions of law as regulate the deposit of state fi ads. The retirement fund board shall determine from time t< time the investment of the permanent retirement fund, bi t each investment shall be subject to the approval of the si ite treasurer and such fund shall only be invested in those s. -urities in which savings bank deposits may be lawfully ii rested. (427) 5770. SEC. 4. The retirement fund board, sub- j< 't to the provisions of this act, shall have power: (1) To select such employes as may be necessary to carry ii to effect the provisions of this act, and fix their com- p nsation and prescribe their duties ; . (2) To investigate all matters relating to the operation o this act, and for that purpose .to subpoena witnesses and e< in pel their attendance to testify before it. Any member the board may administer oaths or affirmations to such w tnesses; (3) To require all boards, officers and persons having d itios to perform hereunder in respect to contributions by tc 'ichors to the retirement fund, to report from time to time OH such matters relating to such contribution as it shall (Loin advisable, and to prescribe the form of such reports; (4) To draw its warrants upon the state treasurer for the p; yment of annuities to teachers who have been retired as provided in this act. and for the purchase of such securities as the board shall have decided to purchase as herein pro- vi led. No payment shall be made from the teachers' retire- in i nt fund, except upon warrant drawn pursuant to resolu- ti m duly adopted by the board and signed and attested ;is tie hoard may prescribe; (5) To increase the contributions from the teachers a< cording to the provision made in section six of this act: Provided, That such increase shall not be made until the Pf ntrihutions from all sources, not including the principal 01 the permanent fund, are insufficient to carry out the provisions of this net : Provided. That after collecting the additional contributions as ,-ihovo provided, should there still be insullieient funds in any year to pay all annuities in full, en, and in such case, each teacher entitled to an annuity, ill he paid pro rata in same proportion MS the amount of ney on hand is to the amount due. 5771. Si:r. r>. The retirement fund hoard shall ke rules ix>t inconsistent with the provisions of this act. ich, when approved by the superintendent of public instruc- n, shall have the force and effect of law. ch rules shall : Treasurer of fund. Care of moneys. Investment. Powers of board. Proviso, increase of contributions. Proviso, pro rata pay- ments. Rules. 194 STATE OF MICHIGAN. What to provide. Contributions to retirement fund. Proviso, increase of contributions. Proviso, idem. Proviso, idem. Who deemed to have agreed to contribute. . Contribution by teachers employed. (1) Provide for the conduct and regulation of the meet- ings of the board and the transaction of its business ; (2) Prescribe the manner of payment of contributions by teachers to the retirement fund, and the payment and methods of payment of annuities therefrom; (3) Establish a system of accounts, showing the condi- tion of said fund, the receipts, expenditures and investments ; (4) Prescribe the forms of all accounts, warrants, reports and other documents to be used by all persons and officers having duties to perform under this act ; (5) Kegulate the performance of duties of boards of edu- cation, trustees, and other officers and persons, imposed upon them by this act in respect to the contributions by teachers to the retirement fund, and the deduction of such contribu- tions from teachers' salaries. (429) 5772. SEC. 6. (1) All teachers, except those, who, being under contract when this act takes effect, do not elect to come under its provisions, shall contribute to the retirement fund according to the following provisions : (a) A teacher who shall have taught five years or less, in this state or elsewhere in public schools, shall contribute one-half per centum of his or her annual contractual salary, but not more than five dollars during any year: Provided, That the retirement fund board may increase the contribu- tions to one per centum of his or her annual contractual salary, but to not more than ten dollars in any year. (b) A teacher who shall have so taught more than five years, but less than fifteen years, shall contribute one per centum of his or her annual contractual salary, but not more than ten dollars during any year : Provided, That the retirement fund board may increase the contribution to two per centum of his or her annual contractual salary, but to not more than twenty dollars during any year. (c) A teacher who shall have so taught fifteen years or more, shall contribute two per centum of his or her annual contractual salary, but not more than twenty dollars during any year: Provided, That the retirement fund board may increase the contribution to three per centum of his or her annual contractual salary, but to not more than thirty dol- lars during any year. (2) After this act takes effect, every teacher contracting to teach in the public schools, including all who under any previous contract of employment have not elected to come under this act, shall, by so contracting, be conclusively deemed to agree to pay and to authorize the deduction from salary of the assessments herein provided. (3) Any person who when this act takes effect is employed as a teacher in the public schools, may within the unexpired term of such employment elect to come under the provisions of this act by notifying in writing the retirement fund board, and at the same time filing with the local school board or I GENERAL SCHOOL LAWS. 195 her body vested with control of such schools, a duplicate o ? such notice and an authorization to deduct from earh s ibsequent installment of salary the proper assessment, as L jrein prescribed. (430) 5773. SEC. 7. Boards of education, trustees, {i id other school authorities, having duties to perform in inspect to the payment of salaries to school teachers who are under this act, shall cause to be deducted from each install- 11 ent of salary of such teachers the pro rata amount due from s t ch teachers to the teachers' retirement fund, and forward the s ime to the treasurer thereof, as prescribed by the retirement f ind board. Every officer and person failing to perform any c u ty prescribed by this act, shall be liable to a penalty of fifty ( )llars for each offense, to be recovered in an action of debt 1 i the name of the people of the state of Michigan. And in c ise of any such liability, the attorney general, upon requisi- t on of the retirement fund board, shall prosecute and recover t le penalty herein provided, and when recovered pay the same t > the treasurer of the school district who shall place the e ime to the credit of the library fund of the said district. (431) 5774. SEC. 8. A teacher who has taught for a \ eriod or periods aggregating thirty years, of which period ti t least fifteen years, including the last five years of service I receding the application for retirement, shall have been s }ent in the public schools in this state, shall, upon and during retirement from actual service as a teacher on or after 1 'ecember one, nineteen hundred fifteen, be entitled to an annuity of a sum equal to one-half of the average annual c nitractual salary paid to said teacher during the last five years of service, but no such annuity shall exceed five hun- dred dollars nor be less than three hundred dollars. A teacher who has taught for a period or periods aggregating t jventy-five years, of which period at least fifteen years, including the last five years of service preceding the appli- cition for retirement, shall have been spent in the public schools of this state, shall, upon and during retirement from actual service as a teacher, on or after December one, nine- tsen hundred fifteen, be entitled to an annuity which bears tie same ratio to the annuity provided for on retirement after thirty years of service as the total number of years of service of said person bears to thirty years. A teacher who, having taught in the public schools of this state for a period or periods aggregating fifteen years or more and being in tie judgment of the employing board either physically or mentally incapable of teaching, is deemed deserving of an annuity by the retirement fund board, may be retired, and i hall, upon retirement, be entitled to an annuity of as many ;airtieths of the full annuity herein provided after thirty rears' service as said teacher has taught years in the public tools of this state. The time spent in teaching in any pub- institution of this state shall, for the purposes of this Deductions from salaries Failure to comply. Penalty. Recovery and disposition. Annuities upon retirement. Thirty years' service. Twenty-five years' service. Fifteen years' service. 196 STATE OF MICHIGAN. Proviso, last five years. Retirement, how had. Request. Determina- tion by board. What deemed year's service. Who not entitled to annuity. How may become annuitant. section, count as part of the aggregate time of teaching: Provided, That the last five years of service shall have been that of a teacher as defined by this act. Retirement may be had on request of the teacher or upon the request of a board of education or other governing body of a school district. Bequest for retirement shall be made in writing addressed to the retirement fund board, accompanied by evidence show- ing that the teacher named is entitled to retirement, and has complied with the provisions of this act, and the rules of the board relating to the payment of annuities. The board shall pass upon all requests for retirement and shall determine whether such requests should be granted. In computing terms of service under this act, a year shall be a legal school year at the time and place where said service was rendered, except that the time of service outside the state shall be reckoned by the number of years that the number of weeks taught would make of legal school years in this state. (432) 5775. SEC. 9. 1. No teacher shall be entitled to an annuity who has not contributed to the retirement fund an amount equal to at least one hundred per centum of his or her annuity for one year. But a teacher otherwise entitled to retirement and to an annuity under this act, may become an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to" his or her previous contributions to said fund, will equal one hundred per centum of his or her annuity for one year, or if unable to pay in advance the sum required to make up the said one hundred per centum of the yearly annuity, by authorizing the withholding of such annuity until the amount withheld shall equal the sum required to make up said one hundred per centum. The amount so withheld shall be credited to said retirement fund. 2. Annuities shall be paid quarterly to the teachers enti- tled thereto, upon the warrants or orders of the retirement fund board. Vouchers or receipts therefor shall be signed in duplicate by annuitants. Said duplicate receipts shall be returned to the secretary of the board, and one of them shall be retained in his office and the other shall be filed in the office of the state treasurer. 3. Each annuity shall date from the time when the retire- ment fund board shall grant the application for the retirement of the annuitant. (433) 5776. SEC. 10. Any teacher who shall cease to teach in the public schools of this state before receiving any annuity from the retirement fund, shall, if application be made in writing to the retirement fund board within four months after the date of such cessation, be entitled to the return of one-half of the amount, without interest, which shall have been paid into the fund by such teacher. If such teacher should again thereafter teach in said public schools, he or she shall, within ono year from the date of his or her Annuities payable quarterly. Duplicate vouchers. Date of annuity. Cessation of teaching. Return to teaching. GENERAL SCHOOL LAWS. 197 Resumption of teaching. Definition of "teacher." Others included. rc ;urn to the service in said public schools, return to the r< Irement fund the amount so returned to such teacher, t< Aether with simple interest on said amount at the rate of fr e per centum per annum, for the time such amount was w thdrawn from the fund. (434) 5777. SEC. 11. IT any person retiring under II s act shall resume teaching in this state or elsewhere, the a unity paid to such person shall cease during the time of tt tching, but shall a^-iin he paid after a subsequent retire- n i *nt. i i:',r>) 5778. SEC. 12. The term "teacher" as used in tl is act shall include all persons employed in teaching by a y city board of education or school board, of any city, t( wn, village or rural school district in this state, and all si perintendents and assistant superintendents of said schools, a I supervisors of instruction, all principals and assistant p incipals, and special teachers of said schools. It shall ii elude county school commissioners, county normal teachers, tl e superintendent of public instruction and his deputies. I shall include all persons employed in teaching or educa- ti >nal work in the following public institutions : Industrial h me for girls, industrial home for boys, Michigan employ- n ent institution for the blind, school for the blind, school f( r the deaf and state public school and state normal colleges a: id normal schools. The words "retirement fund" as used in tl is act shall mean the Michigan state teachers' retirement fi nd for public school teachers as established by this act. 436) 5779. SEC. 13. There is hereby established the Michigan state teachers' retirement fund for public school teachers, which shall consist of (1) All contributions made by teachers as herein pro- vi ded ; (2) All donations, gifts, legacies and bequests which shall made to establish a permanent fund, of which the income it not the principal shall be used for the purposes hereof; (3) The income derived from the investment of said per- mnent fund. (437) 5780. SEC. 14. This act shall not apply to any school district wherein public school teachers are required or Iithorized to contribute to a teachers' retirement fund, or in hich such teachers are entitled to annuities or pensions, i accordance with any special or local act : Provided, how- /er, That any school district, now having a local teachers' itirement fund may, upon request of two-thirds of the ,achers contributing to said fund, by a majority vote of the alified electors of said school district, discontinue said nd, and then the provisions of this act shall apply to such strict in like manner as to other districts of the state, lereupon all funds held for the purpose of such local retire- ent or annuity fund, after payment of any outstanding ligations other than annuities, shall be paid into the state "Retirement fund" de- fined. Of what fund to consist. IX :: Act not to apply. Proviso, when to apply. 198 STATE OF MICHIGAN. treasury and credited to the permanent retirement fund herein provided for. All persons who previously to such determination by the state retirement fund board have become entitled to an annuity from such local fund, shall become annuitants under this act and shall receive the same maximum amount thereafter that they would have received from such local fund, and the teachers of such district shall contribute thereafter to the state retirement fund, as is provided in section six of this act, and shall be entitled to the same rights and privileges hereunder and be subject to the same duties and obligations as are the teachers of other districts. "Public moneys" defined. Public moneys to be kept separate from all other funds. How used. Interest on public moneys to constitute a general fund. Officers not to receive con- sideration for deposits of money. STATE ACCOUNTS. An Act to provide for the safe keeping of public moneys. [Act 131, P. A. 1875.] The People of the State of Michigan enact: (438) 298. SECTION 1. That aU moneys which shall come into the hands of any officer of the state, or of any officer of any county, or of any township, school district, highway district, city or village, or of any other municipal or public corporation within this state, pursuant to any pro- vision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act. See Fire and Water Commrs. v. Wilkinson, 119 / 659. As to county treasurers, see Perley v. Muskegon Co., 32 / 132. See also section 2366, C. L. 1915, and notes. (439) 299. SBC. 2. It shall be the duty of every officer charged with the receiving, keeping, or disbursing of public moneys to keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm or cor- poration. (440) 300. SEC. 3. No such officer shaU, under any pretext, use, nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law ; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation without legal authority so to do. (441) 301. 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 inter- est 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. (442) 302. SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable coi sideration as an inducement for the deposit of any pub! GENERAL SCHOOL LAWS. m< neys with any particular bank, person, firm, or corpora- ti< n. (443) 303. SEC. 6. The provisions of this act shall a] ply to all deputies of such officer or officers, and to all cl rks, agents, and servants of such officer or officers. (444) 304. SEC. 7. Any person guilty of a violation of any of the provisions of this act shall, on conviction tli jreof, be punished by a fine not exceeding one thousand d< liars, or imprisonment in the county jail not exceeding six m mths, or both such fine and imprisonment in the discretion ol the court: Provided, That nothing in this act contained si ill prevent a prosecution under the general statute for ei ibezzlement in cases where the facts warrant a prosecution U7 der such general statute. (445) ^305. SEC. 8. Any officer who shall wilfully or cc rruptly draw or issue any warrant, order, or certificate for tl & payment of money in excess of the amount authorized by la v, or for a purpose not authorized by law, shall be deemed gi ilty of a misdemeanor, and may be punished as provided in tJ e preceding section. 199 Provisions of act to apply to dep- uties, etc. Penalty for violating provisions of act. Proviso. Penalty for Illegal pay- ment of money. RECEIPTS FROM BOXING, ETC., CONTESTS. (Prom this act Is quoted only an extract from the section relating to the >e *centage of receipts from boxing, etc., contests turned over to state treasurer o the state school fund.) [Extract from Act 328, P. A. 1919.] (446) SEC. 9. Every person, club, corporation or asso- ciation which may hold or exercise any of the privileges cc nf erred by this act shall within twenty-four hours after the termination of every contract, furnish to the board a written report, duly verified by one of its officers showing the number ol tickets sold for such contest and the amount of the gross proceeds thereof, and such other matters as the board may p -escribe and shall within the same time pay to the board a t.x of ten per cent of its gross receipts from the sale of all tickets to such boxing or sparring match, wrestling contests or exhibitions, which tax after the payment therefrom of the expenses of the board and the salary of the state athletic commissioner and the secretary of the board as herein pro- v ded, shall be turned over to the state treasurer and by him lited to the state school fund. ** Report of tickets sold, etc. 200 STATE OF MICHIGAN. To be a body corporate. To hold property of normal school, etc. Proviso. Further proviso. Power of board. Quorum. Processes. Of the normal school. Proviso. STATE BOARD OF EDUCATION. An Act to revise and consolidate the laws relative to the state board of education. [Act 194, P. A. 1889.] The People of tJie State of Michigan enact: (447) 1190. SECTION 1. That for the purpose of ren- dering more efficient their organization, and to enable them more fully to carry into effect the provisions of the constitu tion relative thereto, the state board of education shall be and they are constituted a body politic and corporate, and are hereby empowered to purchase, have, hold, possess and enjoy to themselves and their successors, all the lands, tene- ments, hereditaments, goods, chattels and effects of every kind now belonging to the state normal school or that may hereafter be acquired by the same; and the same to grant, alien, invest, sell and dispose of; to sue and [to] be sued, plead and be impleaded, in all the courts in this state; to have and to use a seal, and the same to change, alter and renew at pleasure, and to make such by-laws and regulations as they may deem proper for the government and conduct of said [board] and for the transaction of its business: Pro- vided, The same be not repugnant to the constitution or laws of this state or of the United States : Provided further, That said corporation shall be subject to the provisions of chapter fifty-five of the revised statutes of eighteen hundred and forty-six, so far as the same can apply, and are not inconsist- ent with the provisions of this act. Chapter 55 of the revised statutes of 1846 contains the "general provisions relating to corporations" and will be found in chapter 230, sections 11328-42, compiled laws of 1915. See acts 138 and 178 of 1849, establishing a state normal school. (448) 1191. SEC. 2. Said board shall have power to transact all necessary business at any meeting, a quorum being present. Said board shall make and provide such by-laws and regulations for the conduct of its business as it shall deem proper. A quorum of said board shall consist of a majority of its members. All processes against said board of education shall be served on the president or secre- tary thereof. (449) 1192. SEC. 3. The state board of education shall continue the normal school at Ypsilanti in the county of Washtenaw, where it is now located. The purpose of the normal school shall be the instruction of persons in the art of teaching, and in all the various branches pertaining to the public schools of the state of Michigan: Provided, There shall be prescribed for said school a course of study intended specially to prepare students for the rural and the elementary GENERAL SCHOOL LAWS. 201 [ 'aded] schools of the state, which shall provide not less tl n twenty weeks of special professional instruction. 450) 1193. SEC. 4. No member of said board -of edn- c: ion shall, during his continuance in oftice, act as the agent ol any publisher or publishers of school books or school li rary books, or be or become interested in the publication 01 sale of any such book or books as agent or otherwise. (451) 1194. SEC. 5. Said board shall provide all nec- es ;ary courses of study to be pursued in the normal school ai d establish and maintain in connection therewith a fully ei lipped training school as a school of observation and p actice, and shall grant, upon the completion of either of s; id courses, such diploma as it may deem best, and such d oloma when granted shall carry with it such honors as the e: tent of the course for which the diploma is given may w irrant and said board of education may direct. (452) 1195. SEC. 6. Upon the completion of the course 8] ecially prescribed as hereinbefore provided for the rural a; d elementary graded schools, said board of education shall, u on the recommendation of the principal and a majority of tl e heads of the departments of said school, grant a certificate \v lich shall be signed by said board and the principal of tl e 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 s; id course has been provided for a period of five years: Provided, That said certificate may be suspended or revoked 1) said state board of education upon cause shown by any county board of examination, or by any board of school oilicers. (453) 11 90. SEC. 7. Upon the completion of either of tl.e advanced courses of study prescribed by said state board, which shall require not less than four years for their comple- tion, said hoard of education, upon the recommendation of the. principal and a majority of the heads of departments o said school, shall issue a certificate to the person complet- ing said course, which certificate shall be referred to in the d ploma hereinbefore provided to be granted. Said certificate sliall set forth a list of the studies of the course completed a ad, when given, shall operate as a life certificate, unless revoked by said state board of education. (454) 1197. SEC. 8. The board of education shall take such regulations for the admission of pupils to said hool as it shall deem necessary and proper : Provided, That e applicant shall, before admission, sign a declaration of tention to teach in the schools in this state. i:>5) 1198. SEC. 9. Said board of education shall point each year three visitors whose duty it shall be to a mine thoroughly into the affairs of the normal school and rt their views with regard to its condition and any other atters they may judge expedient, to the said board of edu- Members not to act as agent for publishers, etc. Course of study, train- ing' school. etc. Certificate to teach, when granted, term of, etc. I'mvir the purposes of the said normal school, shall be under the d irection and control of said state board of education, subject t ) the provisions herein contained, and shall be paid to the treasurer of said board from time to time by the state treas- i rer on the warrant of the auditor general drawn upon the certificate of the president and secretary of said board of education that said money is needed. No such warrant shall te given except on accounts audited and allowed by said loard, covering as [nearly] near as may be the amounts previously furnished: Provided, That said board, for the rionths of January, February and March, in the years in which the regular sessions of the legislature are held, shall raw money for current expenses as provided in section four undred and nineteen of Howell's annotated statutes. (460) 1203. SEC. 14. The members of the state board (f education shall receive three dollars per day for their actual services, and also their necessary traveling and other (xpenses, to be paid by the state treasurer out of the general lunds in the manner already provided by law for the payment of the accounts of boards of state institutions. (461) 1204. SEC. 15. Said board shall hold at least one meeting cadi year, at which they shall examine teachers, and shall grant certificates to such as have taught in the uchools of the state at least two years and who shall, upon a thorough and critical examination in every study required for ch certificate, be found to possess eminent scholarship, ability and good moral character. Such certificate shall he signed by the members of said board, and be impressed with its seal, and shall entitle the holder to teach in any of the ublic schools of this state without further examination, and Board to have control of funds, etc. Proviso. Compensation of board. Duty at an- nual meeting. Certificate, how signed, etc. 204 STATE OF MICHIGAN. Proviso, nor- mal training schools. Examination, shall be valid for life unless revoked by said board. No certificate shall be granted except upon the examination herein prescribed : Provided, That the said state board of education may, in its discretion, indorse state teachers 7 certifi- cates granted upon examinations, normal school diplomas or certificates, or other state certificates granted in other states, if it be shown to the satisfaction of said board that such certificates are for life and that the examinations required or courses of study pursued are fully equal to the require- ments of this state: Provided, That in cities in this state comprising a single school district having a population of two hundred fifty thousand or over, and maintaining a normal training school for the training of teachers for the public schools, the state board of education may issue life certificates to the graduates of such normal training school if the course of study pursued shall be approved by the state board of education. Proviso, cer- tain districts. Certain text- books, etc., duty of board relat- ing thereto. Disposition of insurance moneys, etc. Certificate Mini with county com- missioner. Am. 1919, Act 157. (462) 1205. SEC. 16. The said board shall examine all text-books in physiology and hygiene offered for use in the public schools of this state, and approve those only which comply with the law relative to the space required to be devoted to the consideration of the nature and effects of alcoholic drinks and narcotics, as provided in act one hundred and sixty-four of the public acts of eighteen hundred and eighty-seven. It shall also be the duty of said board to dis- tribute to the various educational institutions of the state such specimens of copper, iron and other ores and rocks pre-' scribed for such distribution under the provisions of section three of act nine of the public acts of eighteen hundred and seventy-seven, being compiler's section eight hundred and forty-one of Ho well's annotated statutes. The act of 1887 referred to is act 165, instead of 164. It amends section 15, Ch. 3 of the general laws of 1881 relative to public instruction and will be found in section 60 of this compilation. (463) 1206. SEC. 17. All insurance moneys or means collected, received or made available at any time, from poli- cies of insurance, or by reason of insurance policies upon the said normal school buildings and property shall be and the same are hereby designated and set apart as a fund or means for rebuilding and refurnishing the said buildings. (464') 1208. SEC. 18. Any person holding a certificate issued or approved by the authority of the state board of education, desiring to teach in any school under the jurisdic- tion of a county commissioner of schools shall file the said certificate, or a copy of the same, in the office of the com- missioner of schools in the county in which he or she desires to each, GENERAL SCHOOL LAWS. 205 NORMAL SCHOOLS. to establish a normal school in contra! Michigan. [Act 261, P. A. 1895.] The People of the State of Michigan enact: (465) 1213. SECTION 1. That a normal school for the reparation and training of persons for teaching in the rural listrict schools, and the primary departments of the graded .chools of the state, to be known as "Central Michigan Nor- nal School,' 7 be established and continued at the city of VIount Pleasant in Isabella county, to be located upon block ;en of the normal school addition to said city, known as 'normal campus," and being a block of land in area between Bight and ten acres. (466) 1214. SEC. 2. The state board of education is hereby authorized and directed to procure a good and suf- ficient deed of conveyance, to be accompanied with abstract of title and tax history, to be approved by the attorney gen- eral, conveying to the said board of education and its suc- cessors a good and unincumbered title in fee simple to said lands and buildings thereon, for such school, and a proper article of sale of all the library, school furniture and appa- ratus therein, said lands and buildings and personal property to be donated to the state of Michigan, in consideration of the establishment of said school, and to be conveyed within thirty days after the passage of this act. (467) 1215. SEC. 3. Said school shall be under and subject to the control of the state board of education, accord- ing to the provisions of act number one hundred ninety-four of the public acts of eighteen hundred and eighty-nine, of Michigan, entitled - k An act to revise and consolidate the laws relative to the state board of education, and amendments thereto," which is made applicable to this school, except as herein otherwise provided. The net rpfVrrr.l t< inmnMlintPly precedes this. See sections 447-464. Central Michigan normal school established. State board of education to procure deed of con- veyance, etc. School to be under control of state board of education. An Act to dinner the name of (ho "Michigan State Normal School" to "Michigan State Normal College." [Act 52, P. A. 1899.] The People of the State of Michigan enact: (468) 1209. SECTION 1. The institution now known change name I and designated under the name and style of "Michigan State Normal School," shall hereafter be known as the "Michigan Ypsiianti. State Normal College." Sec. 2. Repealing clause. 206 STATE OF MICHIGAN. Name of school. Purpose. Selection of site. Area and location. Deed or conveyance. Control of school. An Act to provide for the location, establishment and conduct of a normal school at Marquette, in the upper peninsula of this state, and to make an appropriation for the same. [Act 51, P. A. 1899.1 The People of the State of Michigan enact: (469) 1219. SECTION 1. That a normal school shall be located at Marquette, to be known as the Northern State Normal School, for the purpose of instructing persons in the several branches pertaining to a public school education, and in the science and the art of teaching the same. (470) 1220. SEC. 2. The state board of education is hereby authorized to procure a suitable site for the grounds and buildings for said normal school, which site shall con- sist of at least twenty acres of land, located within one and one-half miles of the present location of the postoffice in said city of Marquette. Said state board of education shall pay for such site a sum not exceeding one dollar, which sum is hereby appropriated for the use of said state board of educa- tion out of any moneys in the treasury not otherwise appro- priated, to be drawn on the requisition of said state board of education and the warrant of the auditor general, as the moneys and appropriations are drawn. Said state board of education shall procure good and sufficient deed or convey- ance of such site and grounds, *and have the title for the same duly recorded. When so recorded, the said deed of convey- ance, with an abstract of title showing a clear and unincum- bered title, and all papers relating thereto shall be deposited in the office of the auditor general. Sections 3, 4 and 5 provided appropriations for buildings and maintenance of the school. (471) 1224. SEC. 6. The said northern state normal school shall be under and subject to the control of the state board of education, according to the provisions of act num- ber one hundred ninety-four of the public acts of eighteen hundred and eighty-nine, entitled "An act to revise and con- solidate the laws relative to the state board of education, and amendments thereto, also according to the provisions of act number one hundred and seventy-five of the public acts of eighteen hundred and ninety-seven, entitled "An act to fix the relation of the existing normal schools of the state," which laws are made applicable to the school, except as herein otherwise provided. GENERAL SCHOOL LAWS. 207 n Act to provide for the locating, establishing and maintaining of a state normal school in the western part of the state, to make appro- priations therefor and to provide a tax to meet the same. II [Act 156, P. A. 1903.] Name, etc. Site, how and by whom secured. The People of the State of Michigan e"nact: 472) 1225. SECTION 1. A state normal school shall be Seated, established and maintained in the western part of he state, at such place as the state board of education shall < .esignate, to be known as the "Western State Normal School," or the preparation and training of persons for teaching in he rural district schools, and the primary departments of he graded schools of the state. (473) 1226. SEC. 2. The state board of education is lereby authorized and directed to procure a suitable site of lot less than twenty acres for the building and grounds for *aid normal school. Said state board of education shall pay 'or such site a sum not exceeding one dollar, to be drawn on ;he requisition of said state board of education, and the war- pant of the auditor general, as other moneys and appropria- tions are drawn. Said state board of education shall procure good and sufficient deed of conveyance, with an abstract of the title thereto, showing a clear and unencumbered title, and all papers relating thereto shall be deposited in the office of the auditor general. The sum of one dollar is hereby appropriated for the fiscal year endin'g June thirtieth, nine- teen hundred four, for the purpose of carrying out the pro- visions of this section. Sections 3 and 4 provided appropriations for buildings and maintenance of school. (474) 1229. SEC. 5. The said western state normal " school, school shall be under and subject to the control of the state ftoTied board of education, according to provisions of act number one hundred ninety-four of the public acts of eighteen hundred eighty-nine, entitled "An act to revise and consolidate the laws relative to the state board of education," and amend- ments thereto; also according to the provisions of act num- ber one hundred seventy-five of the public acts of eighteen hundred ninety-seven, entitled "An act to fix the relations of the existing normal schools of the state," which laws are made applicable to the school hereby established except as herein otherwise provided. Sections 6 and 7 prescribed manner of payment of appropriations, and tax 208 STATE OF MICHIGAN. Course in physical training. Duty of school boards. Proviso. Curriculum. State director of physical Training. Salary. Stenographer. An Act to provide for. the establishment of physical training in the public schools and state normal schools of this state; to define the aims and purposes of such physical training ; to prescribe the duties of boards of education relative to physical training in certain school districts ; to provide for a course of instruction in physical training in the normal schools of this state ; to provide *f or the appointment of a director of physical training and the salary and expenses connected therewith ; and to make an appropriation therefor and to provide a tax to meet the same. [Act 274, P. A. 1919.] The People of the State of Michigan enact: (475) SECTION 1. There shall be established and provided in all the public schools of this state, and in all state normal schools, physical training for pupils of both sexes, and every pupil attending such schools of this state in so far as he or she is physically fit and capable of doing so, shall take the course in physical training as herein, provided. (476) SEC. 2. It shall be the duty of boards of education in city school districts and graded school districts having a population of more than three thousand to engage compe- tent instructors in physical training and to provide the neces- sary place and equipment for instruction and training in physical education; and other school boards may make such provision: Provided, That nothing in this act shall be con- strued or operate to authorize compulsory physical examina- tion or compulsory medical treatment of school children, nor to allow the teaching of sex hygiene and kindred subjects in the public schools of this state. (477) SEC. 3. The curriculum in all normal schools of this state shall contain a regular teacher's course in physical training under competent jurisdiction. (478) SEC. 4. The superintendent of public instruction shall appoint a state director of physical training who shall perform such duties as the superintendent of public instruc- tion may prescribe under this act. The superintendent of public instruction may revoke said appointment in his discre- tion. The salary of the state director of physical training shall be three thousand dollars per annum, together with his necessary traveling and other expenses, not exceeding in any year the sum of twelve hundred dollars, which sums shall be paid from the general fund upon a warrant of the auditor general in the same manner that the salaries of other state officers are paid. The superintendent of public instruc- tion shall also appoint a stenographer for such director of physical training at a salary not to exceed thirteen hundred dollars per annum. Such director shall prepare and dis- tribute suitable courses of study for which purpose he shall be allowed a sum not to exceed two thousand dollars per annum. GENERAL SCHOOL LAWS. 209 479) SEC. 5. There is hereby appropriated out of the Appropria- ge eral fund in the state treasury annually the sum of seven th- usand five hundred dollars to carry out the provisions of jthi * act. The auditor general shall add to and incorporate Tax claus - in the state tax for the year nineteen hundred and nineteen an I annually thereafter the sum of seven thousand five hun- dr< d dollars which when collected shall be credited to the ge .eral fund to reimburse the same for the moneys hereby ap >ropriated. S ;c. 6 repeals all acts or parts of acts inconsistent with this act. Act to provide for physical training in the state normal schools and in certain city districts. [Act 40, P. A. 1911.1 The People of the State of Michigan enact: 480) 1232. SECTION 1. Physical training shall be where in luded in the branches to be regularly taught in public schools in city school districts having a population of more th in ten thousand and in the state normal schools, subject to such rules and regulations as the superintendent of public imtruction may prescribe, and it shall be the duty of the bo irds of education in such city school districts and of the st te board of education to make provisions in the schools anl institutions under their jurisdiction for the introduc- tic n of a systematic and educational course of physical train- in};; to engage competent instructors; to provide the neces- sa:*y equipments; to establish and conduct same; and to adDpt such methods as shall adapt the same to the capacity of the pupils in the various grades therein ; and other boards imy make such provisions. The curriculum in all normal schools of this state shall contain a regular teacher's course on physical education under competent jurisdiction. i Act to authorize and empower boards of education in certain school districts of this state to provide for the establishing and offering of udvanced courses of study to high school graduates, and to provide : or the regulation thereof. [Act 146, P. A. 1917.] The People of the State of Michigan enact: (481) SECTION 1. The board of education in any school strict of this state having a population of more than thirty certain lousand people, according to the last official census of the c United States government, is hereby authorized and empow- ered to provide for the establishing and offering in such dis- 210 STATE OF MICHIGAN. trict of advanced courses of study for high school graduates, which courses shall not embrace more than two years of col- How ^^ legiate work. Such courses collectively shall be known and designated as the junior collegiate department of the dis- trict school system. The board of education shall provide suitable instructors therefor and shall adopt regulations with reference to the admission and conduct of pupils taking such courses, and the issuance of diplomas upon the completion proviso, who thereof: Provided, however, That no student who is not a ' e ' graduate of a high school offering four years of work in thi state shall be admitted to any of such courses. > Powers of board. Proviso. Loan funds. An Act to authorize and require the state board of education to pi scribe courses of study, issue licenses and certificates and grant diplo- mas and degrees in connection with the several state normal schools of the state, and to repeal all acts and parts of acts in any way con- travening the provisions of this act. [Act 202, P. A. 1903.] The People of the State of Michigan enact: (482) 1211. SECTION 1. The state board of education is hereby authorized and required to prescribe the courses of study for students, to grant such diplomas and degrees and issue such licenses and certificates to graduates of the several normal schools of the state as said state board of education shall determine : Provided, That there shall always be main- tained in the central Michigan and western normal schools a department especially for the education and training of teachers for the rural schools of the state. NOTE. The foregoing act in effect repeals Act 175 of 1897, which was an act authorizing the state board of education to grant certificates and maintain uniformity in courses of study in the normal schools. I LOAN FUNDS FOR THE BENEFIT OF STUDENTS. An Act to provide for the incorporation of associations for the purpose of establishing loan-funds for the benefit of school scholars and stu- dents of this state, to assist them to attend the university of Mich- igan, the state normal college at Ypsilanti, the central Michigan nor- mal school at Mt. Pleasant, the Michigan state agricultural college at Lansing, the college of mines at Houghton, or the manual training schools of this state. [Act 250, P. A. 1899.] The People of the State of Michigan enact: (483) 11321. SECTION 1. Any five or more persons ol full age residing in the state of Michigan may associate am incorporate themselves together for the purpose of 'establish- ing loan-funds for the benefit of school scholars and studenl GENERAL SCHOOL LAWS. 211 of his state, to assist them to attend the university of Mich- iga i, the state normal college at Ypsilanti, the central Mich- iga i normal school at Mt. IMeasant, the western state normal sell >ol, the northern state normal school, the Michigan state agi (cultural college at Lansing, the Michigan college of mines, or he manual training schools of this state. A a. 1919, Act 268. L; i84i 11322. SK< . 2. Articles of association shall be 2uted in duplicate, by the persons so associating them- sel es together in the first instance, and shall be acknowl- edi ed by them before some person authorized by the laws of thi i state to take acknowledgments of deeds, one of which du >licates shall be filed and recorded in the office of the secre- tai 7 of state, and a record shall be made of such articles, and a ( rtified copy thereof filed in the clerk's office in the county wl 3re such society is formed. Thereupon the persons so ex cuting said articles, and such other persons as may there- afl *r, according to the provisions of such articles, become as ociated with them shall become and be a body politic and co porate, capable of beni sued, for the purpose set forth in sn h articles. is.") i 11323. SEC. 3. The articles of association shall poutain: "irst, The names and places of residence of the persons as (M-iated in the first instance; Second, The name or title by which such association shall be known in law, and the period for which it is incorporated, no exceeding thirty years; Third, The objects for which it was organized; fourth, The number of its trustees or managers to manage th' same, and the names of such trustees or managers for the fir>t year of its existence. (486) 11324. SEC. 4. The affairs of such corporation sh ill be under the general management of not less than five nor more than fifteen trustees, to be chosen by the members tli reof, and to hold office for such time, not exceeding five yeirs, as shall be provided by the articles of association; and the articles of association may provide for a classifica- tion of the trustees so that the terms of office of the several classes shall expire at different times, and for a classification of the members in accordance with their subscriptions to the ol jects for which the corporation was organized. The regular oficers of such corporation shall form a part of such trustees. The officers may be chosen by the trustees or the members of the corporation, as the articles shall prescribe. The by-laws sball be adopted by the trustees, who may change them at pleasure. The majority of the trustees shall be a quorum to transact business. The articles of association of any such cc rporation may be amended at any time by a two-thirds vote of the trustees. Before any such amendment shall take effect, Manner of Incorporation. Articles of association. General man- agement. Classification of trustees. By-laws. Amendments. 212 STATE OF MICHIGAN. Funds of corporation. May receive real and personal estate. Proviso, may specify kinds of securities. a copy of the resolution, certified by the secretary, shall be filed in the office of the secretary of state, and in the clerk's office of the county in which the original articles are filed. (487) 11325. SEC. 5. All the funds received by any cor- poration organized under this act shall be used, after paying necessary expenses, for the exclusive purpose or purposes set forth in the articles of association. And no portion of the funds of such corporation shall be used or contributed toward the erection, completion or furnishing of any building not owned or used by such corporation for the purpose or purposes set forth in its articles of association. Such corporation shall in equity and law be capable of taking and receiving real and personal estate, either by purchase, gift, grant, lease, or bar- gain and sale, devise and bequest, not exceeding twenty-five thousand dollars, in the aggregate, for the purpose of its incorporation, but for no other purpose, and it shall have power to invest the same at pleasure, and to grant, bargain, mortgage, sell or lease the same for the use of said associa- tion; and it shall be lawful to invest the same upon mort- gage, or in or by loans on notes or bonds, or municipal, county, state or United States securities ; or deposit the same in any reliable bank on interest ; but no loans shall be made to any trustee or officer of such corporation : Provided, That any such corporation may, in its articles of association, specify the kinds of securities in which its funds shall be invested, and tnat no part of its funds shall be invested in any securi ties other than those named in its articles, or when the securi ties shall not be specified in the articles of association, then such funds shall only be invested in such securities as are specified in this act. Such corporation shall have the power to make all needful rules and regulations and by-laws for the management of its affairs, not inconsistent with the constitu- tion and laws of this state or of the United States. (488) 1132f>. SBC. 6. In case it shall at any time hap- pen that an election of officers, directors or trustees shall not be made on the day designated by the articles of association and by-laws, said corporation for that cause shall not be dis- solved, but it shall mid may be lawful on any other day to hold an election of officers, directors or trustees, in such man ner as may be directed by the articles of association and by-laws of said corporation. (489) 11327. SEC. 7. The articles of association filed as required by this act, or a copy thereof certified by the; officer with whom they are so filed, may be given in evidence in any court of this state for or against said corporation, Said corporation shall possess the general power conferred by and subject to the provisions and restrictions of chapter two hundred thirty of the compiled laws of the state of Mich- igan of eighteen hundred ninety-seven, so far as the samvcrnor of its doings, of which. report one thousand copies s iall be printed by the state printer for the use of the board. i lii>) 1152. SEC. 3. It shall be the duty of all free 1 braries organized under the laws of the state, whether gen- eral or special, to make an annual report to the board of 1 ln-ary commissioners, which report shall conform as near as \ iay be reasonable and convenient, as to time and form such nles as the board may prescribe. Sections 1 ;md r> of this act are repealed by Act 274 of 100'.). DISTRIBUTION OF LAWS AND DOCUMENTS. Act to provide for the publication and distribution of laws and documents, reports of the several oflicers. boards of otlirers and public institutions of this state now or hereafter to be published, and to provide for the replacing of hooks loM by tire or otherwise, and to provide for the publication and distribution of the official directory and legislative manual of the state of Michigan, etc.* (From this act only such portions :m- <|uotr relate directly to the public i.chool system.) [Act 44, P. A. 1899.] (493) 830. SEC. 11. There shall !,< printed of the inual report of the superintendent of public instruction, a ifficient number to supply all school libraries in the state tractio'n. Remainder of title, repealing clause. 214 STATE OF MICHIGAN. Number of pages. with one copy each, also one copy each to the following per- distSbuted sons or institutions : To eactl superintendent of public instruction, state university, college of mines and state nor- mal school in the United States, each living ex-superintendent and deputy superintendent of public instruction in this state, each member of county boards of examiners, each city super- intendent of schools ; two hundred copies for deposit with the secretary of state for future distribution, and such number of additional copies as the superintendent of public instruc- tion may, in his discretion, deem necessary, and not exceed- ing three hundred copies. Said report shall not exceed 4;hree hundred pages including context and index, such pages to be the size of the pages of the report of the superintendent of public instruction for the year eighteen hundred ninety-five, and such report shall be distributed by the superintendent of public instruction. Not to exceed the sum of fifty dollars for any one report shall be expended for cuts or illustrations for said report : Provided, That said fifty dollars shall cover the cost for special paper, if ^necessary for such cuts, and also the cost of making such cuts: Provided further, That the state superintendent of public instruction may prepare and have published for the district schools a state course of study ; for the teachers' institutes, institute outlines; and, from the to time, such educational bulletins as he may deem necessary and the board of state auditors may approve, for the advance- ment of the cause of education in Michigan. Section 30 of the above act provides for the distribution of the legislative manual (red book), and the list includes one copy for each of the following: Each district, graded, and city public school; each public library other than school library ; each township, village, and city clerk, and the county com- missioner of schools. (494) 850. SEC. 32. It shall be the duty of the county commissioners of schools to distribute all copies of the "official directory and legislative manual" to the schools in their respective counties, as provided in section thirty of this act ; and also to see that the same are kept for the use of said schools, and it shall be the duty of the secretary of state to direct and oversee the prompt distribution of the laws, journals, documents and reports mentioned in this act, whose distribution is not otherwise provided for; and said laws, journals, documents and reports shall be shipped to the sev- eral county clerks and county commissioners of schools in the state, and be distributed by them to the persons, officers, cor- porations and societies within their respective counties entitled to the same, and that, until so distributed, they shall be carefully preserved by said county clerks and county com- missioners^of schools. That the accounts for boxes furnished to the secretary of state for package and distribution shall Proviso. Further proviso. Institute outlines. Duty of county com- missioner. Expense of distribution. GENERAL SCHOOL LAWS. 215 be audited and allowed by the board of state auditors and pji id out of the state treasury, and the expense of transporta- ti n from the office of the secretary of state to the county cl- rks and county commissioners of schools, and of distribu- ti< n by them to the persons entitled to the same, shall be ai dited and allowed by the boards of supervisors and paid oi.t of the county treasuries. (495) 851. SEC. 33. It shall be the duty of the several c< anty clerks and county commissioners of schools, upon r< :eiving any of the books mentioned in this act, to receipt to tl)3 secretary of state for the same, which receipt shall be filed and preserved in the office of the secretary of state; ai d it shall also be the duty of the said county clerks and C( unty commissioners of schools to distribute said books as p ovided in this act, and to report at the expiration of a n )nth after each reception of books to the secretary of state, o: blanks furnished by him, by giving a full statement of all o said books remaining in his office, together with the names o: the officers neglecting to call for the books to which they a e entitled; and it shall be the duty of all persons, officers, c< rporations and societies, upon receiving any of the books n entioned in this act, to receipt respectively to the county c] erk and county commissioner of schools for the same, which r< ceipt shall be filed and preserved in the office of the county eerk and county commissioner of schools respectively. It shall also be the duty of the secretary of state to notify each p jrson to whom any books are sent, except township officers, either directly or in care of the county clerk, which are required by this act to be kept in any library or passed over to any successor in office, and that each person receiving such notice shall, within a reasonable time, apply to the county I erk for the books mentioned in this notice, it such books ere sent to the county clerk, and obtain the same; and if ich books have been received by the county clerk and are ot called for as aforesaid, such person thus notified shall be held responsible in the same manner and to the like extent a> in the case of his neglect or refusal to deliver over to his siccessor books received by him, except that books sent for tie use of township officers may be sent to either the town- ship clerk or county clerk, when the secretary of state shall notify the township clerk, who shall draw all of the books for t tie officers of his township and distribute the same. Section 34 provides that each city, village, township and county officer shall, v hen he ceases to hold such office, deliver over to his successor in office all such bjoks received by him which are required by this act to be placed in his library. CUSTODY OF RECORDS : See Murta v. Carr, 140 / 606. Receipt to secretary of state. Notification by secretary of state. STATE OF MICHIGAN. Lists of pamphlets, documents, etc. Selection of such as have educational value. Transmission of selections. Transmission of pamphlets, etc., to schools. Proviso, printing of additional copies. An Act to provide for the dissemination, publication and distribution to school districts of this state of pamphlets, documents, books and circulars written, compiled, published or prepared by any department of state government, or by any institution maintained in whole or in part by this state. [Act 265, P. A. 1915.] The People of the State of MicMgan enact: (496) 5839. SECTION 1. On or before the first day of October, nineteen hundred fifteen, and on or before the first day of every month thereafter, it shall be the duty of the head of every department of state government, and all other insti- tutions maintained in whole or in part by this state, to pre- pare and transmit to the superintendent of public instruction a detailed list of all pamphlets, documents, books and cir- culars compiled, published or prepared by such department or institution. m (497) 5840. SEC. 2. On or before ten days after receipt by the superintendent of public instruction of the lists pre- pared and transmitted in compliance with the provisions of section one of this act, it shall be the duty of the superin- tendent of public instruction and the secretary of the public domain commission, to convene in the office of the superin- tendent of public instruction and there examine said lists and select therefrom such pamphlets, documents, books and cir- culars as they deem have an educational value. After the examination and selection as provided herein, it shall be the duty of the superintendent of public instruction and the sec- retary of the public domain commission to transmit to the head of each department and institution, a list of the selec- tions made from the lists transmitted by the heads of such departments or institutions. Upon receipt of this selected list by the heads of such departments or institutions, it shall be their duty to transmit such pamphlets, documents, books and circulars as may be necessary to supply the school dis- tricts of the state, to the superintendent of public instruction and he shall apportion and transmit such pamphlets, docu- ments, books and circulars to the school districts, to be the property of the school library: Provided, That the heads of the state departments and the heads of the state institutions mentioned in section one of this act are hereby authorized and required to have printed such additional copies of all pam- phlets, documents, books and circulars as may be required for distribution under section two of this act. GENERAL SCHOOL LAWS. 211 Kl RAL Hhill SCHOOLS. to provide for tho establishment and maintenance high of rurnl [Act 144, P. A. 1901.] The People of //// of Midi if/an enact: (498) 5934. SECTION 1. The township hoard of ;my vnship, not having within its limits an incorporated village city, upon the petition of not loss than one-third of the tax- p. yers of such township for the establishment of a rural high si lool, or for the discontinuance of any rural high school e> :ablished under the provisions of this act. shall submit such <1 estion to a vote of the qualified electors of said township a a special election called for that purpose within sixty days fi >m date of receipt of said petition. (499) 5935. SEC. 2. All elections ordered by any t< wnship board in pursuance of section one of this act shail hi held at the usual place or places of holding township elec- ti >ns, and notice shall be given and the election conducted ii all respects as provided by law for the election of township o ficers, and the ballots shall have printed thereon "for rural h gh school Yes." "For rural high school No," or in the c; so of the discontinuance of any rural high school estab- lihed under the provisions of this act, "For discontinuance o rural high school Yes." "For discontinuance of rural h gh school No." (500) 5936. SEC. 3. If more votes are cast in favor of such high school than against it at such election, the qualified e rctors of said township shall elect at their next annual elec- tion of township officers a board of trustees of three mem- b M-S, one for one year, one for two years and one for three y 'ars. and on the expiration of their terms of office and regu- 1; rly thereafter their several successors shall be elected in like ma nner for a term of three years each : Provided, That when a rural high school shall have been established by the electors of any township, the first election of such trustees may be ordered by the township board to be held at any time after t ie ten days' legal notice <>f such election shall have been n.\-is,,. sm- m< leys in the treasury of said district belonging to the pri- plns " ma -y fund may In- used in paying necessary tuition in lieu of a t ix therefor. / n. 1917, Act 11 ; 1919, Act 59. 509) 5831. SEC. 2. The tax provided for in section one Tax to be of ;his act shall be reported to the clerk of the township in ' wl ich such district is located and shall be spread upon the ta: roll of such township in the same manner and at the same tir .e as other school taxes. H ' jction 3 repeals Act 190 of 3903. grades. proviso. 510) 5833. SEC. 4. A high school shall be a graded High s provisions of this act as he receives for similar services pe 'formed by him and shall be pdid in the same manner. . COUNTY NORMAL TRAINING CLASSES. Act for the establishment of county normal training classes and for the maintenance and control of the same. [Act 241, P. A. 1903.] The People of the State -of Michigan enact: (517) 5943. SECTION 1. Upon the notification by the when permit board of education of a district in a county not having a j state normal school within its borders, that the district and th3 board of supervisors of the county have voted to estab- lish a county normal training class, the state superintendent of public instruction may, subject to the provisions herein 1 named, grant permission to establish, maintain and control a Bounty normal training class for the purpose of giving free instruction and training in the principles of education and in 'thods of teaching to residents of the county: Provided, ^/rtl^'cities That in any city of this state, having a population of t\v<> hundred fifty thousand or over and comprising a single school district, the board of education of said district, instead of the legal voters of the district, shall have the authority to vote to establish a county normal training class within said district: Provided, That but one such training class shall be estab- Proviso. li>hed in any county: And provided further, That not more Further tl an ten such classes shall be established in the state in any proviso, one year. Am. 1919. Act 158. 224 STATE OF MICHIGAN. County nor- mal board, how con- stituted. Proviso. Normal board, duties of. Certificates of graduation. Proviso. Normal train- ing classes, maintenance of. Districts establishing, what to furnish. Teachers' salaries, appropriation for. (518) 5944. SEC. 2. The superintendent of public instruction together with the county commissioner of schools of the county and the superintendent of the schools in the district in which a normal training class has been established under the provisions of this act, shall constitute the county normal board : Provided, That in case the superintendent of the schools of the district is also commissioner of schools of the county the board of education of the district shall select the third member of the county normal board. (519) 5945. SEC. 3. The duties of the county normal board shall be as follows : First, To determine the qualifications for admission to the county normal training class; Second, To establish a one-year course of study to be pur sued, a year to consist of not less than thirty-two weeks of five days each ; Third, To grant certificates of graduation to such persons as finish the course adopted above, in such form as the super- intendent of public instruction shall prescribe. (520) 5946. SEC. 4. The certificates of graduation shall qualify the holder to teach in the public schools as follows : First, The certificate of graduation shall qualify the holder to teach for three years from date of issue in any school employing not more than two teachers, in the county in which the county normal training rlnss is situated : Provided, That any certificate shall become valid as above specified in any other county when indorsed by the authority that grants cer- tificates in such county; Second, A certificate of graduation may be renewed or revoked by a majority vote of the county normal board. (521) 5947. SEC. 5. For the purpose of maintaining such normal training classes as are herein prescribed, it is further provided: First, That the district receiving permission to establish a county normal training class shall provide teachers, and rooms with heating and equipment satisfactory to the super- intendent of public instruction, and said board shall include in the expense budget of the district such sum as may be necessary for these purposes ; Second, That the auditor general annually, on or before the thirtieth day of June, upon the certificate of the super- intendent of public instruction that the equipment and instruction of any county normal training class has been satis- factory, shall draw his warrant on the state treasurer in favor of the treasurer of the district board or the board of education of the district maintaining such normal training GENERAL SCHOOL LAWS. 225 Cost of instruction. clfl js to the amount of six hundred dollars for each teacher en* cloyed in the training school, to be paid out of the gen- er; I fund : Provided, That in no case shall the total of such Proviso. ap >ropriation exceed twelve hundred dollars in any county du ing any school year; 'bird. In any district establishing a county normal train iiu class, the board of education shall, previous to the first da of October in each year, estimate the cost of instruction fo tho current year in the county normal training class an 1. deducting therefrom the amount appropriated by the foi egoing provisions of this act, report tho balance to the co nty clerk on or before the first day of October ; Vnirth, At its October session, the board of supervisors sh 11 appropriate out of the general fund of the county one- ha f of the balance due for instruction, as shown by the afore- sa 1 report to the county clerk, which amount shall be Appropriation for. as ossed and collected at the same time and in the same man- ne as the other countv taxes : Provided, That in no case Proviso. sh .11 such appropriation made in any county exceed one-half t.h amount appropriated by the state according to the pro- vis ions of this act. The money so raised shall constitute the co inty normal fund. ^m. 1917, Act 217. 522) 5048. SK<\ fi. On or before the thirtieth day of June of each year, it shall be the duty of the county commis- dutyof sicner of schools to certify to the county clerk the balance be ween the total cost of instruction for the current year an 1 the amount appropriated by the auditor general. Upon receipt of such certificate, the county clerk shall draw an on lor for one-half of the said balance upon the county treas- n r '>r in favor of the treasurer of the board of education of the district establishing the normal training class: Provided, Proviso. That such order shall not exceed the amount appropriated by the board of supervisors according to the provisions of this When clerk to draw order. .vjr: i 5040. SEC. 7. All moneys remaining in the inty normal fund upon the first of September of each year of fund. .ill be returned to the general fund <>f tho county. STATE OF MICHIGAN. Authority to establish, etc. To acquire sites, build- ings, etc. Legacies, etc. Endowment funds. Certain actions legalized. TRADE, VOCATIONAL, INDUSTRIAL, MARINE, ETC., SCHOOLS. An Act empowering school districts in the state of Michigan to establish and maintain trade, vocational, industrial, marine and manual train- ing schools, school gymnasiums and scholarships, and to accept gifts, legacies and devises. [Act 22, P. A. 1911.] The People of the State of Michigan enact: (524) 5950. SECTION 1. Any school district, with the consent of a majority of the qualified electors voting at any annual meeting of such district or at any special meeting thereof duly called for the purpose, shall through its school board have power to establish, conduct and maintain trade, industrial, marine, vocational and manual training schools and school gymnasiums within said school district; to con- trol and classify and to restrict the number of pupils and the terms of their attendance therein ; to prescribe the course of studies and work and to employ the necessary teachers and instructors therein; to acquire the necessary sites; to acquire, construct and provide the necessary buildings and equipments, books and supplies therefor; to defray the cost and expense thereof by general tax upon the taxable property of said school district, and to issue the bonds of said school district to meet any temporary loans required for any of the purposes aforesaid. (525) 5951. SEC. 2. Said school district with the like consent shall through its school board have power to accept and use, care for, control, invest and keep invested as per- manent funds any gifts, legacies or devices whatsoever hereto- fore or hereafter made to said school district for any of said above named purposes, or for university or college scholar- ships or for general school objects, and to carry into effect the terms and conditions thereof. All permanent and endow- ment funds shall be under the control of said school board. Any action of said school district and of its school board here- tofore taken with respect to any gifts, legacies or devises already made to said school district for trade and industrial school and scholarship purposes is hereby legalized. 227 C< >NTROL, ETC., OF CERTAIN COLLEGE OF MEDICINE AND SURGERY. Ai Act to enable the board of education of cities having a population >f two hundred and lifty thousand or over and comprising a single chool district, to take the control and management of a college of aedicine and surgery and give other courses of higher education. [Act 109, P. A. 1919.] The People of the State of Michigan enact: (526) SECTION 1. The board of education of cities having a population of two hundred and fifty thousand or over and cc mprising a single school district may take the control and m magement of any college of medicine and surgery in the ci ,y and maintain and conduct the same. (527) SBC. 2. In connection with said college it may give C( urses of instruction in dentistry, pharmacy, chemistry and o1 her similar courses of higher instruction such as are com- m >nly given in like institutions in the United States. (528) SEC. 3. It may make a contract with any hospital, ei ;her within or without the city, to facilitate and promote tl e instruction given to the students of said college. (529) SEC. 4. It may combine the courses of said college oi medicine and surgery with any other collegiate courses, it is or may be authorized to give, and on their completion c( nfer such degrees and grant such diplomas as are usually c( nferred and granted by other similar institutions in the United States. (530) SEC. 5. It shall have the right in connection with any college course, any university course, or any course in higher education, which it is or may be authorized to furnish, tc confer honors and degrees and grant diplomas, conditioned upon attainments and completion of courses of instruction, equivalent in time, application and quality of study and instruction, to those commonly required in like institutions ir the United States. (531) SEC. 6. It shall have power in connection with any college course, or any course in higher education, which it is oi' may be authorized to furnish, to delegate to proper officers the power to issue and enforce orders relative to the good government of said schools and the discipline and conduct of sludents, and it also shall have power to make rules and regu- 1; tions relative to the hours of study, and the conduct of stu- dmts both within and without said schools; relative to ttatriculation, tuition and expense charges and anything whatever that may advance the interests of education, the good government and prosperity of said institutions and it nay exercise these powers as fully and completely as if said Ktitutions were privately owned and controlled. Authority granted board of education. Courses of instruction. May contract with hospital. Combined with colle giate courses. May confer degrees, etc. Discipline, etc., of students. 228 STATE OF MICHIGAN. Name of college. (532) SEC. 7. It may give to any college it is or may be authorized to establish or maintain any name it desires, but it shall not adopt the name of any other college in operation, nor of any living individual, nor shall it exercise any power herein conferred, except in the manner provided by law for its guidance. Sec. 8 declares this act to be immediately necessary for the preservation of (lie public pence, health and safety. Certain actions, etc. validated. CERTAIN PROCEEDINGS VALIDATED. An Act to cure all proceedings and action taken and things done by or on behalf of the free schools by the board of education, or its officers, of cities having a population of two hundred fifty thousand or over, and comprising a single school district. [Act 85, P. A. 1919.] The People of the State of Michigan enact: (533) SECTION 1. All proceedings and actions taken and things done by or on behalf of the free schools by the board of education, or its officers, of cities having a population of two hundred fifty thousand, or over, and comprising a single school district, by which the control and management of any college of medicine and surgery was taken over; by which any college of medicine and surgery was maintained as a part of the school system; by which public money was expended for any college of medicine and surgery ; by which estimates were prepared, presented and allowed, and taxes levied there- for, or in lieu of taxes, bonds authorized ; by which an attempt was made to authorize, issue and sell bonds for general school purposes at a rate of interest not authorized by any valid law; by which provision to care for the debt of the said schools was made in the city's sinking fund; by which, by virtue of the authority or alleged authority of any special or local act passed by local authority, proceedings were had, action taken and things done for said free schools, are all hereby ratified, confirmed and validated, as fully and com- pletely as if authority had been given therefor by law before the proceedings were had, action taken or things done. Sec. 2 declares this act immediately necessary for the preservation of the public peace, health and safety. GENERAL SCHOOL LAWS. 229 ACQUISITION or LANDS. , Act to authorixf hoards of education to acquire and control lands or sites for school h<.u. agricultural sites, athletic fields and toy-grounds, ami to establish, equip and maintain trade and other ocational schools and to acquire lands for such purpose outside the listrict limits. [Act 222, P. A. 1011.] The People of the State of Michigan enact: (534) 5952. SECTION 1. The board of education of any o ganized school district containing a population of one hun- d ed thousand or more shall have full power and authority to 1( cate, purchase or lease, in the name of the district, such si :e or sites for schoolhouses, agricultural sites, athletic fields a id playgrounds as may be necessary out of the funds pro- v ded for that purpose, and may make sale of any site or o her property of the district which is no longer required for s< hool purposes, and may also establish, equip and maintain a jricultural, trade and other vocational schools, and if d ;emed necessary by such board may acquire land for such p irpose outside the district limits. Districts, to which applicable. May establish agricultural, etc., schools. COUNTY SCHOOLS or AGRICULTURE. i Act to provide for the establishment of county schools of agricul- ture, manual training and domestic economy. [Act 35, P. A. 1907.] The People of the State of Michigan enact: (535) 5953. SECTION 1. The board of supervisors of Duty of ay county is hereby authorized to appropriate money for supervisors, le organization, equipment and maintenance of any county .'hool of agriculture, manual training and domestic economy: rovided, That upon petition of not less than ten per cent of Proviso, le qualified electors of any county, said ten per cent shall ele< e determined by the total number of votes cast for secre- iry of state at the last preceding November election, and le board of supervisors shall submit the question of the stablishment of a county school of agriculture, manual paining and domestic economy at a general election or a pecial election called for that purpose. If a majority of he electors voting upon such proposition shall vote in favor f the establishment of such school, it shall be the duty of he board of supervisors to provide for the organization, quipment and maintenance of such school as in this act pro- tided. Whenever the board of supervisors of the county shall 230 STATE OF MICHIGAN. Submission to electors. by a two-thirds vote of all members elect, resolve to con- tract indebtedness or issue bonds to raise money for the organization, equipment and maintenance of such school, the question shall be submitted to the vote of the electors of the county at a general or special election to be called for that purpose. Notice of the submission of such resolution to the vote of the electors and, in case a special election is called, notice of the calling of such special election shall be given in the same manner and for the same length of time as is now prescribed by law for general elections. If a majority of the electors of the county, voting on such resolution, shall vote in favor thereof, it shall be deemed to have carried. The returns of the election heroin provided for shall be canvassed and the results declared in the same manner and by the same officers as is provided by general law for canvassing the returns of and declaring the results in city, county and district elec- tions. The manner of stating the question upon the ballots shall be prescribed by the resolution of the board of super- visors. (536) 5954. SEC. 2. A board to be known as the county school board is hereby created, which shall have charge and control of all matters pertaining to the organization, equip- ment and maintenance of such schools, except as otherwise provided by law. Said board shall consist of five members, one of whom shall be the county commissioner of schools of the county or district in which the school is located. The other members of the board shall be elected by the board of supervisors, one for one year, one for two years, one for three years and one for four years, and thereafter one mem- ber of the board shall be elected annually for the full term of four years from the date of the expiration of the term about to become vacant, but no member of the board of super- visors shall be eligible. Vacancies existing in the board from whatever cause, except in the case of the county commis- sioner, shall be filled by appointment made by the chairman of the board of supervisors, if the board of supervisors is not in session when such vacancy occurs. If the board of supervisors is in session, vacancies shall be filled by election by said board for the unexpired term. Appointments made by the chairman of the board of supervisors, as hereinbefore specified, shall be for the period of time until the next reg- ular meeting of the board of supervisors. Each person appointed or created a member of the county school board shall, within ten days after the notice of such appointment, take and subscribe an oath, to support the constitution of the United States and the constitution of Michigan, and honestly, faithfully and impartially to discharge his duties as a mem- ber of said board, to the best of his ability, which oath shall be filed in the office of the county clerk. He shall also, within County school board created, powers. Of whom composed. Vacancies, how filled. Oath, where filed. Bond. I GEN I:RAL SCHOOL LAWS. th' same time, file a bond in such sum as may be fixed by th< board of supervisors, which bond shall be filed in the oft ce of the county clerk. Within fifteen days, after the ai> )ointment of said board, the members thereof shall meet an 1 organize by electing one of their number as president. Tl e county commissioner of schools shall be ex-officio secre- t;i y of the said board. The board hereafter created shall pi ascribe the duties of the several officers except as fixed by lav. 537) 5955. SEC. 3. Whenever two or more counties ui ite in establishing such a school, the provisions of section t^ o of this act shall apply to the organization of the county sc lool board, and to filling vacancies therein : Provided, Tl at the county commissioner of the county in which the sc lool is located shall be a member of the board and ex-officio it? secretary; and two members shall also be elected from ea !h county by the board of supervisors thereof, one for one yc ir and one for two years, and thereafter one member of th 3 board shall be elected annually in each county for the fi] 11 term of two years, but no member of the county board of supervisors shall be eligible. (538) 5956. SEC. 4. Whenever two or more counties shall unite in establishing and maintaining a school under the provisions of this act, the county school board herein pi ovided shall, on or before the first day of October in each y< ar, determine the amount of money necessary for the equip- in 4 nt and maintenance of said school for the ensuing year, w lich said amount they shall apportion among the counties in proportion to the assessed valuation of each county as la >t fixed by the state board of equalization and shall report tln'ir estimate and apportionment to the county clerk of each county, who shall lay said report before the board of super- vi.ors at its annual meeting. The amount so apportioned to each county shall be levied by the board of supervisors of such county, as a portion of the county tax for the ensuing year, for the support of the said school. (539) 5957. SEC. 5. The county treasurer of the county in which said school is located shall be ex-officio treasurer of said board; all moneys appropriated and expended under the provisions of this act shall be expended by the county school board and shall be paid by the said county treasurer on oiders issued by said board or in counties having a board of ccnnty auditors, by such auditors, and all moneys received h; said board shall be paid to the said county treasurer for tl e fund of the county school board. (540) 5958. SEC. 6. In the county schools of agricul- Lre and domestic economy organized under the provisions I this act, instruction shall be given in the elements of agri- Iture including instruction concerning the soil, the plant and the animal life of the farm; a system of farm ccounts shall also be taught ; instructions shall also be given 231 Organization of board. Proceedings when two or more counties unite In es- tablishing. Proviso. County school board to ap- portion ex- penses. Tax levy. Treasurer of board, duties. Instruction to be given. 232 STATE OF MICHIGAN. School to be free. "Special classes." Superintend- ent of public Instruction, duty of. President agricultural college. Proviso as to superintend- ent of school. in manual training and domestic economy and such other related subjects as may be prescribed. school to (541) 5959. SEC. 7. Each such school shall have con- nected with it a tract of land suitable for purposes of experi- ment and demonstration, of not less than ten acres in area. (542) 5960. SEC. 8. The schools organized under the provisions of this act shall be free to the inhabitants of the county or counties contributing to their support, who shall be qualified to pursue the course of study as prescribed by the school board. Whenever students of advanced age desire admission to the school during the winter months in sufficient number to warrant the organization of special classes for their instruction, such classes shall be organized and con- tinued for such time as their attendance may make necesssary. (543) 5961. SEC. 9. The state superintendent of public instruction shall give such information and assistance and establish such requirements as may seem necessary for the proper organization and maintenance of such schools, and, with the advice of the president of the Michigan state agricul- tural college, determine the qualifications required of teachers employed in such schools : Provided, That no person shall be eligible to a position as superintendent of any school estab- lished under this act, who is not a graduate of a state college of agriculture. The state superintendent of public instruc- tion shall have the general supervision of all schools estab- lished under this act; shall from time to time inspect the same, make such recommendations relating to their manage- ment as he may deem necessary, and make such report thereon to said schools as shall give full information concerning their number, character and efficiency. (544) 5962. SEC. 10. Any school established under the provisions of this act, whose course of study and the quali- fications of whose teachers have been approved by the super- intendent of public instruction and the president of the Mich- igan state agricultural college, and which shall have expended at least, twenty thousand dollars in buildings and equipment, and shall have acquired title to at least eighty acres of land to be used in connection with said school, may, upon applica- tion, be placed upon the approved list of county schools of agriculture, manual training and domestic economy. A school once entered upon said list may remain listed and be entitled to state aid so long as the scope and character of its work are maintained in such manner as to meet the approval of the superintendent of public instruction. On the first day in July of each year the secretary of each county school board maintaining a school on the approved list shall report to the superintendent of public instruction, setting forth the facts relative to the cost of maintaining the school, the character of the work done, the number and names of teachers employed, and if more than one county contributes to the support of such school, the amount so contributed by each county and Schools, when placed upon approved list. Annual report. GENERAL SCHOOL LAWS. 233 Amount drawn. su :h other matters as may be required by the county school bo ird or the said superintendent. Upon the receipt of sucli re >ort, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight m< nths during the year, closing on the thirtieth day of the pi Deeding June, the said superintendent shall make a cer- tii cate to that effect and file it with the auditor general. U >on receiving such certificate, the auditor general shall di iw his warrant payable to the treasurer of the county m .intaining such school for a sum equal to two-thirds the ai lount actually expended lor maintaining such school during tl 5 year: Provided, That the total sum so apportioned shall Proviso. n< t exceed four thousand dollars to any one school in any one yc ii". Provided further. That any such school receiving state ai 1 shall be free to the inhabitants of the state on such terms a. 1 may be provided by said board and the superintendent of p blic instruction. When more than one county has con- ti buted to the support of the school, the auditor general shall d aw his warrant payable to the treasurer of each county for si ch portion of the state aid as the amount contributed by his c( unty is part of the total amount contributed by all the c( unties for the support of the school for the preceding year. T le auditor general shall annually, beginning in the year Tax clause. n neteen hundred thirteen, include and apportion in the state t; x sudi sum as shall have been so paid. Further proviso. KU1CAL AGRICULTURAL SCHOOLS. i Act to provide for the establishment of rural agricultural schools by consolidating three or IIHUV rural schools in any school or town- ship district : for the organization of school districts in certain cases; for teaching agriculture, manual training and home economics therein, and providing state aid for the maintenance thereof, (a) [Act 226, P. A. 1917.] The People of the State of Michigan enact: (545) SECTION 1. Three or more rural schools which live been or may hereafter be consolidated and in which lie teaching of agriculture, manual training and home eco- lomics shall or may be established as part of the regular )urses of study, shall be known as rural agricultural schools ind shall be entitled to state aid for the maintenance thereof. ' built, equipped, and managed as provided for in this act. lUi SKC. 2. Such rural agrimltural schools shall be livided into two classes, viz.: (a) Class (a) shall include rural agricultural schools ith less than twenty acres of ground and having a corps of ichers consisting of one principal and two or more teachers (a) Title Am. 1919, Act 81. Establlsh- IIH'llt of. Division ..f. into classes. 234 STATE OF MICHIGAN. Question of Notice. who are engaged to teach during not less than nine months in any one year. (b) Class (b) shall include rural agricultural schools with twenty or more acres of ground used partly or wholly for the teaching of practical agriculture and animal hus- bandry and having a corps of teachers consisting of one prin- cipal, who is engaged for a year of twelve months, and of two or more teachers who are engaged during not less than ten months in any one year. (547) SEC. 3. Whenever the district boards of three or more rural school districts deem it advisable to establish a rural agricultural school by consolidating the territory of said districts, the boards may submit the question of con- solidating to the qualified school electors of their respective districts, or whenever the district board of any township school district deems it advisable to establish a rural agri- cultural school within said township school district, it may submit the question of establishing such school to the quali- fied school electors of said township school district. The question of establishing a rural agricultural school may be submitted to the qualified school electors either at the annual school meeting or at a special meeting held for such purpose, notice thereof in either case being given not less than twenty days prior to the time of holding such meeting by posting three or more notices in each district or township affected. The polls shall be open at least seven hours, and the voting shall be by ballot. The board shall determine the form of ballot to be used and the hour at which the polls shall be open, which hour shall be stated in the notice: Provided, Such question shall be submitted and notice given as above stated whenever ten per cent or more of the resident school electors of such districts or township affected shall sign and file with their respective district or township school board a petition or petitions asking that such question be submitted at the next annual school meeting or at a special meeting to be held for such purpose : Provided, That if a majority of the quali- fied school electors present and voting at such annual or spe- cial meeting shall vote in favor of the establishing of a rural agricultural school, the school board shall within five days file a certified statement of such vote with the county com- missioner of schools of the county: Provided, That if the school districts to be consolidated are located in more than ( one county, the certified statement of each rural school board ' shall be filed with the county commissioners of schools con- cerned, and it shall be the duty of these county commissioners of schools to designate one of their number to call the elec- tion provided for in section four of this act. In case the county commissioners of schools cannot agree as to which one of them shall call the said election, the superintendent of proviso, petition. proviso, state- ment of vote, proviso when two or Sr e r c e te c d un 8 Dut of officials. (JKNKHAL SCHOOL LAWS. 235 Consolida- tion, when effective. Proviso, duty of township school board. Proviso, an- nexation of rural school district. pi blic instruction shall designate the county commissioner w .ose duty it shall be to call the election herein designated. Tl e consolidation of the rural districts shall become effective w icnever the county commissioners of schools shall receive C( ?tified statements of the affirmative vote of three contig- u< us school districts to establish a rural agricultural school : P ovided, Whenever a majority of the qualified school electors .ol any township school district shall vote to establish a rural ai ricultural school, the township school board of said town- sl ip shall proceed to establish a rural agricultural school as p ovided in this act, and the rural agricultural school so estab- li ;hed in a township school district shall be a part of the s< hool system of said township district : Provided, Any rural s hool district adjoining a rural agricultural school district b r a majority vote of the qualified school electors present a id voting in each district affected at any annual or special n eeting called for the purpose may be annexed to the said r iral agricultural district by the township board or township b >ards of the township or townships in which said territory 1 es. Such annexation shall not operate to affect the legal o rganization of said rural agricultural school district. It 8 iall be the duty of the school board of each district con- CBrned to file within ten days a certified statement of the affirmative vote for annexation with the township clerk of tie township in which the schoolhouse of said rural school ( istrict is located. The said township clerk shall, within twenty days after receiving the certified statements from both ( istricts, call a meeting of the township board or boards in the same manner as is provided under the general school laws for the changing of boundary lines of school districts. At said meeting the township board or boards shall annex the terri- tory of said rural district to the territory of said rural agri- cultural district : Provided, That school electors as mentioned in this act shall include every citizen of the United States of the age of twenty-one years, male or female, who owns prop- erty which is assessed for school taxes in the district or who is the parent or legal guardian of any child of school age :ncluded in the school census of said district and who has "esided in said district three months next preceding such election. Statement of vote, who to file. Duty of township boards. Proviso, qualifications of electors. I Am. 1919, Act 81. (548) SEC. 4. Whenever the consolidation of three or Election of more contiguous rural school districts becomes effective as provided in section three, the county commissioner of schools designated in section three shall call a district election for the second Monday in July following by posting notices at least ten days prior thereto, and at least one notice in each district aflVctod, in three of the most public places in the ter- ritory which is consolidated. At such election a board of education of five trustees for the rural agricultural school dis- trict shall be elected by ballot by the qualified school electors V aiiot b7 236 STATE OF MICHIGAN. Term of office, qual- ifications. Notice of acceptance. Board officers, election of. of such rural agricultural district, one trustee for one year, two for two years, and two for three years and annually there- after a successor or successors to the member or members whose term of office shall expire. The term of office of trustee after the first election shall be three years. The qualifications for office holding shall be the same as those provided in the general school laws for members of the board of primary dis- tricts. Within ten days after his election each member shall file with the county commissioner of schools calling the elec- tion an acceptance of the office to which he has been elected, accompanied by an affidavit setting forth the fact of eligibility as prescribed in the general school laws. The county com- missioner of schools shall file these affidavits and acceptances with the secretary of the board after the organization of the board and its election of a secretary. Thereafter the affidavits and acceptances of office shall be filed with the secretary of the board. The board of education shall annually, and within fifteen days after the annual meeting, or within fifteen days after the organization under this act, elect from its own num- ber a president, a secretary and a treasurer, and for cause may remove the same from such offices and may appoint others of their number in such places, and these officers shall perform the duties prescribed by the general school law for the moderator, director, and treasurer of the district, except as is inconsistent with the provisions of the graded school net and with the provisions of this act. The board of educa- tion shall have power to fill any vacancy that may occur in its number until the next annual meeting, and if three vacan- cies occur at the same time a special meeting of the district shall be called to elect members of the board to fill such places. Within thirty days after his appointment, the treas- urer of the board shall file with the secretary an official bond in such an amount and form as may be determined by said board. Said bond may be either personal or of some surety company authorized to do business in this state, and it shall be given for a sum not less than the greatest amount of money that the treasurer may have in his possession or under his control at any time during his term of office, as near as the same can be determined. When a personal bond is given it shall be signed by not less than two sureties, each of whom shall justify under oath to the full amount of the bond. If a surety bond is required and purchased, it may be at the expense of the district. Whenever, in any case, the board of education shall fail or neglect to elect the officers of the board named in this section within fifteen days next after the annual meeting, or after the organization of the district, the township board of the township within which the schoolhouse of said district is located shall appoint the said officers from the members of the board. Duties of. Vacancies, how filled. Treasurer to file bond. Amount and kind. Personal bond. Surety bond, expense of. Appointment of trustees. Am. Id. GENERAL SCHOOL LAWS. 237 549) SEC. 5. Within ten days after the organization of i>isp..sm.m th ! board of education provided for in section four the funds ' ai 1 property of each school district shall be turned over to th j board of education of such consolidated district. m. Id. SEC. 6. Any school district formed under the pro- school vi ions of this act in township school districts shall be subject t( all the provisions of the act under which said township P rovisi " ns s( 100! district is organized, not inconsistent with the pro- v ;ions of this act. All other rural agricultural schools organ- otiu-r rural v/ i d under the provisions of this act shall have the powers SooST" ;i d privileges conferred upon graded school districts by the ;,'|' ( w " rs " f 1: ws of this state, all the general provisions of which relating 1< primary schools shall apply and be in force in said district <> cept such as shall be inconsistent with the provisions of t) is act. Am. Id. i.Vi i SKC. 7. Rural agricultural school buildings shall school buiw- 1) communit centers and be available to residents of the f 8 ' d strict or township for meetings after school hours or when s hool is not in session, and the board of education shall grant the use thereof providing such meetings are not held f >r political or religious purposes. A janitor shall be engaged f >r the entire year to care for buildings and grounds during s ?hool hours and when public meetings are held. i.V)!*) SEC. 8. Plans for rural agricultural school build- i igs shall be approved by the superintendent of public instruc- prova'i of. tion. Such buildings shall be erected by advertising for s -aled bids and shall contain six or more rooms, one assembly loom or two rooms with removable partition. They shall bo ] niperh ventilated, have an ample water supply, toilets with ] roper sewerage, a central heating and lighting plant, a library and suitable equipment and apparatus for the teach ing of agriculture, manual training and home economics. i :>:>:>, i SKC. 1>. The board of education shall provide a suf- JJ^JJJJ^ licieiit number of vehicles for the transportation of pupils tion of I rom and to their homes and shall designate the routes over pupll8> vhich such vehicles are to travel: Provided, That no pupils Proviso. shall le compelled to walk farther than one mile from their mini's to the nearest route. Such vehicles shall be of ample apacity, shall be enclosed to keep out rain or snow and be provided with robes or foot warmers during cold weather. In case less than six pupils reside on or near any one route, such pupils may be boarded at some convenient place if the cost is less than the cost of transportation. (554) SEC. 10. Teachers in home economics shall have Teachers in teachers' certificates and be graduates of, or have taken a suf- Somics, ficient course in college or normal school, where science in qualifications. >me economics is taught, and be qualified to teach home . 238 STATE OF MICHIGAN. economics as determined by such tests as may be required by the superintendent of public instruction. Am. 1919, Act 81. (555) SEC - H- Teachers of agriculture and teachers of qualifications! manual training in rural agricultural schools shall, in addi- tion to the regular teachers' certificate, hold a certificate or diploma from a university, college, or state normal school and be qualified to teach agriculture or manual training as deter- mined by such tests as may be required by the superintendent of public instruction. Am. Id. P uaM?a"tion ^ 556 ^ SE * 12 ' Th6 P rind P al in class duties. * ' holder of at least a state life certificate Class (b). State aid. Notice given when schools established. sha11 ** the or a state normal school diploma or shall have educational qualifications equiva- lent thereto. Said principal shall have all the powers and duties conferred upon the superintendent of schools in sec- tion three of the graded school act, except in township unit districts employing a superintendent of schools. Am. Id. (557) SEC. 13. The principal in class (b) shall hold a teacher's life certificate and have not less than two years' successful experience in other schools. He shall have prac- tical experience in farm work and be either a graduate from any state agricultural college or a state normal school having a course in agriculture or have a certificate from such college or normal school showing that he has taken a course of not less than two years in such college or normal school and is qualified to teach agriculture and manual training. During the two months when school is not in session, he shall supervise boys' and girls' club work as carried on by the United States Department of Agriculture in co-operation with the Michigan agricultural college ; he shall assist in supervising farm demonstrations which may be carried on in his district and he shall give such assistance and advice as may be required by farmers in such districts. (558) SEC. 14. As state aid to assist in the maintenance of rural agricultural schools, each of such schools shall be entitled to receive two hundred dollars a year for each vehicle used for the transportation of pupils. In addition thereto class (a) schools shall be entitled to receive the sum of six hundred dollars a year and class (b) schools shall be entitled to receive the sum of nine hundred dollars a year. (559) SEC. 15. Whenever rural agricultural schools are built and equipped and qualified teachers are engaged as specified in this act, the president and secretary of the board of education having control of such schools, shall notify the superintendent of public instruction, specifying the location of said schools, the number of rooms contained therein and GENERAL SCHOOL LAWS. 23d th-; equipment thereof, the number of acres of land connected therewith and in possession of the township or consolidated di trict, the number of teachers engaged and their respective qu ilifications, the number of school months for which said teachers and principal have been engaged, the barns and ki ids of livestock, if any, and the number of vehicles engaged fo the transportation of pupils. (560) SEC. 16. Within thirty days after receiving the n< tice mentioned in section fifteen, the superintendent of pi blic instruction shall satisfy himself that such rural agri- cultural school has been erected and equipped as provided for in this act. If unable to inspect said school, he shall request si ch inspection to be made within said thirty days by the C( mmissioner of schools of the county in which said rural a^ ricultural school is located, and he shall thereupon send t< the auditor general a copy of the aforesaid notice with his ei dorsement, showing that said rural agricultural school has b' en built and equipped as provided for in this act, and that si ch township or consolidated district is entitled to receive tie state aid specified for either class (a) or class (b), as tl e case may be and as mentioned in section fourteen of this a :t. (561) SEC. 17. There is hereby appropriated out of the n oneys in the treasury to the credit of the general fund not o ;herwise appropriated, the sum of five thousand dollars for the fiscal year ending June thirty, nineteen hundred e ghteen, and the sum of ten thousand dollars annually there- a :ter, or so much thereof as may be necessary for carrying on tie purposes of this act. The annual amount which any rural agricultural school may be entitled to shall be paid in quar- terly installments to the treasurer of the board of education of the district or township in which said rural agricultural school is located. (562) SBC. 18. The auditor general shall incorporate in the state tax for the year nineteen hundred seventeen, the s am of five thousand dollars, and for the year nineteen hun- dred eighteen and each year thereafter the sum of ten thou- sand dollars, which sums, when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. (563) SEC. 19. The auditor shall hereafter send to the legislature a statement showing the number and location of mral agricultural schools receiving state aid, the total amount of such state aid and the number and location of rural agricultural schools applying for and not yet receiving Much state aid. (564) SEC. 20. Rural school district as used in this act uhall include any primary or graded school district that does aot contain within its limits an incorporated village or city having a population exceeding one thousand. Added 1010, Act 81. Approval. Inspection. Copy of notice sent to auditor general. Appropria- tion. Tax clause. Statement to legislature. "Rural school dis- trict" defined. 240 STATE OF MICHIGAN. Authority to cooperate. May tax. County agri- cultural agent. An Act to promote the agricultural interests of the various counties of this state and to repeal act number three of the public acts of nineteen hundred twelve, second extra session, and act number sixty-seven of the public acts of nineteen hundred thirteen. [Act 315, P. A. 1919.] The People of the State of Michigan enact: (565) SECTION 1. In order to promote the agricultural interests of the various counties of this state and to provide for agricultural extension work, each county of the state through its board of supervisors is hereby authorized and empowered to cooperate to said end with the Michigan agri- cultural college and with any department or bureau of the United States government; and may enter into agreements with reference thereto. The board of supervisors in any county may appropriate money, or raise money by taxation, for the purpose hereof, and may establish a farm bureau to act as the representative of the board and of the county in all such cooperative work. Subject to the approval of the state board of agriculture or of the proper representatives thereof, the board may appoint a county agricultural agent and necessary assistants, whose duty it shall be to aid in carrying out the purpose of this act. The compensation and expenses of any person so employed, or such portion thereof as shall under the terms of any agreement between the county and the Michigan agricultural college or any department or bureau of the federal government, be payable by the county, shall be fixed and provided for by the board. Sec. 2 repeals act number three of the public acta of nineteen hundred twelve, second extra session, entitled "An act to authorise the board of super- visors of each county to appropriate or raise money by tax for the encourage- ment of improved methods of farm management and practical instruction and demonstration in agriculture," and act number sixty-seven of the public acts of nineteen hundred thirteen, entitled "An act to authorize and regulate a county agricultural department." Sec. 3 declares this act to be immediately necessary for the public peace, health and safety. Legislative assent given. An Act giving the assent of the legislature of the state of Michigan to the grant of moneys from the United States by act of congress approved May eight, nineteen hundred fourteen, entitled "An act to provide for co-operative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July two, eighteen hundred sixty-two, and of acts supplementary thereto, and the United States depart- ment of agriculture," and designating the officer to whom the pay- ments are to be made. [Act 65. P. A. 1915.] The People of the State of Michigan enact: (566) 1272. SECTION 1. Th legislative assent required ^ section three of an act of congress, approved May eight, , GENERAL SCHOOL LAWS. 241 leteen hundred fourteen, being an act entitled "An act to pi Dvide for co-operative agricultural extension work between tl 3 agricultural colleges in the several states receiving the b aefits of an act of congress approved July 1\\<. eighteen h> ndred sixty-two, and of acts supplementary thereto, and 11 e United States department of agriculture," is hereby gi anted, and the moneys thereby given are accepted under the ti rms and conditions expressed in the act of congress afore- s,' id. (567) 1273. SEC. 2. The moneys derived by authority Moneys, o said act shall be exclusively used in support of co-ope r.-itive a .ricultural extension work, to be carried on by Michigan a ;ricultural college, and the secretary of the state board of a ;riculture is hereby designated as the officer to whom such f nds should be paid. how used. To whom paid. A i Act to accept the requirements and benefits of an act of the sixty- fourth congress of the United States, approved February tweuty- three, nineteen hundred seventeen, known as the Smith-Hughes act, or public act number three hundred forty-seven, relating to appropria- tions to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects ; to designate a state board of control for voca- tional education ; to provide for the proper custody and administra- tion of funds received by the state from such appropriations; and I to provide for appropriations by the state and by local school author- iti-> to meet the conditions of said act of congress. Thr [Act 149, P. A. 1919.] of the State of Michigan enact: I i.">(;8) SECTION 1. The provisions of an act of congress provisions enacted by the sixty-fourth congress in the second session f thereof known as public act number three hundred forty M'ven, entitled "An act to provide for the promotion of v< tional education; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the s-tati's in the preparation of teachers of vocational subject >. ml to appropriate money and regulate its expenditure," an lerehy accepted by the state of Michigan as follows: (a)" Appropriations for the salaries of teachers, super- ism-s ;md directors of agricultural subjects; (b) Appropriations for the salaries of teachers of trade, nine economics, and industrial subj<-< (c) Appropriations for the preparation of teachers of igrieultnral. trade, industrial and home economics subjects. i ."('! i SKI-. -. The benefits of all funds appropriated by the federal government under the provisions of said act are reby accepted as provided iii said act, and provision is Items. Benefits, etc.. accepft-.i 242 STATE OF MICHIGAN. Executive officer. Expenses. Custody of funds. herein made under which the state of Michigan will meet such appropriations and provisions. cheated (570) SEC. 3. The superintendent of public instruction, the president of the state board of education, the president of the university of Michigan, and the president of the Michigan agricultural college are hereby constituted as the state board of control for vocational education as provided in the afore- said act. The state superintendent of public instruction shall be the executive officer of the state board of control, and he shall, with the approval of said board, provide for the admin- istration of the provisions of this act. Said board is charged with the duty and responsibility of co-operating with the federal board for vocational education in the administration of such act, and is given all power necessary to such co-opera- tion. The state board of control for vocational education is hereby authorized to incur such expenditures for office admin- istration, traveling and other incidental expenses as it may deem necessary to the proper administration of the funds allotted to the state of Michigan under the provisions of said act. (571) SEC. 4. The state treasurer is hereby appointed as custodian of all funds for vocational education as provided in said act and in this act, and is charged with the duty and responsibility of receiving and providing for the proper cus- tody, and for the proper disbursements of such moneys on requisition of the said board of control for vocational educa- tion. The state treasurer as custodian of such funds for vocational education shall make an annual report to the governor and the legislature concerning the receipts and disbursements of such moneys received by him under the provisions of said act and of this act. (572) SEC. 5. The board of education or board of con- trol of any approved public school, department, part time or evening class giving instruction in agricultural, industrial or home economics subjects, which receive the benefit of federal and state moneys as herein provided, shall provide suitable buildings and equipment in order to give such instruction; and shall also appropriate for the salaries of instructors a sum of money sufficient to cover the expense for instruction during the year. At the end of the fiscal year the state board of control for vocational education shall apportion to the several boards of education, or boards of control of schools maintaining approved departments for vocational education as herein described, the state and federal funds by way of reimbursements for expenditures for instruction, giving to each school its proportionate share : Provided, That no school shall receive a larger amount than three-fourths of the sum which has been expended for the particular type of education for which it received state and federal funds. The institu- tions authorized to give training for vocational teachers shall provide suitable rooms and equipment, and appropriate suffl- Report of state treasurer. Buildings and equipment. Expense for instruction. Apportion- ment of funds. Proviso, maximum. Institutions to provide rooms, etc. GENERAL SCHOOL LAWS. 243 Amount state to pay. Rules and regulations. Disburse- ments annual. Annual report. ci< at funds to pay instructors and supervisors during the ye .r, and at the end of the year such institutions shall be reimbursed from federal and state funds, equally. There is he -eby authorized to be appropriated and paid from the state tr< asury to the several schools giving vocational instruction UD ler the provisions of this act, and for their supervision, a sii n of money equal to one-half the federal allotment; and th -re is hereby further authorized to be apportioned and paid fr< m the state treasury to the several institutions engaged in the training of teachers of vocational subjects a sum equal to the allotment of federal moneys as provided in said act. (573) SEC. 6. The state board of control for vocational education shall formulate such-rules and regulations as may be necessary for the development and operation of such voca- ti nal schools, and for the training of teachers as are pro- vi led for in said act, subject to the approval of the federal b< a rd of control. All disbursements of state and federal m mey under the provisions of this act shall be made annu- al ly on or before the tenth day of July in each year. The b< ard of education or board of control of any school where v< cational instruction is given under the provisions of this aecial training in the teaching of the deaf, including at Last one year's experience as a teacher in a school for the deaf. The so-called "oral" system shall be taught by such tiachers, and if after a fair trial of nine months, any of such children shall for any reason be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child, so unable to learn such oral method, i i such primary schools. (586) 5968. SEC. 6. For the purpose of this act, any erson of sound mind, who, by reason of defective hearing, annot profitably be educated in the public schools, as other children are, shall be considered deaf. Sec. 7 repeals Act 176, 1899. I Vouchers, what to how, etc. To be for- warded to superintend- ent of public Instruction. Employment of teachers, etc. "Oral" system to be taught. Deaf, who considered. PAYMENT OF SUBCONTRACTORS. n Act to insure the payment of subcontractors and wages earned and material used in constructing, repairing or ornamenting public buildings and public works. [Act 187. P. A. 1905.] The People of the State of Michigan enact: (587) 14827. SECTION 1. When public buildings or B ond required other public works are about to be built, repaired or orna- Jj mented under contract at the expense of the state, or of any tractors 248 STATE OF MICHIGAN. county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contract- ing on behalf of the state, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, repairing or ornamenting of such building or works. Subcontract- ors to give written notice. When en- titled to benefit of security, etc. People v. Traves, 188 / 347, 416 ; People v. Connell, 195 / 77. (588) 14828. SEC. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and that in the case of the giving of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has con- tracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or fur- nished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to the subcontractor. People v. Traves, 188 / 423. One who takes a contract under the original contract, and is to perform in accordance with the original contract, is a subcontractor, and, in order to recover under the statutory bond, he must comply with the statute in giving the proper notice. People v. Valley Mantel & Tile Co., 200 / 554. (589) 14829. SEC. 3. Such bond shall be executed by such contractor to the people of the state of Michigan in such ties, by whom amoun t and with such sureties as shall be approved by Bond, to whom exe- cuted, sure- ipproved, etc. the board of officers or agents acting on behalf of the state, county, city, village, township, or school district as afore- said, and shall be conditioned for the payment by such con- tractor to any subcontractor or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a 'j SCHOOL LAWS. 249 sul contractor or party pei forming labor or furnishing mate- ria s, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in th< erection, repairing or ornamentation of such building, ini rovement or works: Provided, however, That the prin- cij il contractor shall not be required to make any payment to a subcontractor of sums due from the subcontractor to pa ties performing labor or furnishing materials, except upon th< receipt or the written orders of such parties to pay the sn is due to them to subcontractors. Such bond shall be do tosited with and held by such board of officers or agents fo the use of any party interested therein. ! jretles on a bond given for the benefit of laborers and materialmen cannot avr d liability by showing a failure of the municipal authorities to approve th- I,,,! i. People v. Carroll, 151 / 233. People v. Traves, 188 / 416. 590) 14830. SEC. 4. Such bond may be prosecuted f e ^ e ve h r j fl ail 1 a recovery had by any person, firm or corporation to on bond.' wl om any money shall be due and payable on account of ha ring performed any labor or furnished any materials in the er Action, repairing or ornamentation of any such building or w< rks, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, I'mviso. lu vvever, That in the case of a suit for the benefit of a sub- co i tractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to th>m for labor or materials contracted for by him: And Further provided further, That in.no case brought under the provi- sions of this act shall the people of this state be liable for co *ts. 'eople v. Traves, 188/426. CITIES OF FOURTH CLASS. Act to provide for the incorporation of cities of the fourth class. [Extract from Act 215, P. A. 1895, Chap. XXXII.] district. ir!)l) 3262. SE\ 1. Each city incorporated under tli is act shall constitute a single school district. Such school district shall be a body corporate, by the name and style of t\ e "public schools of the city of " (naming the city) and shall possess the usual powers of corporations for Powers of p ii)lic purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such mil and personal p 'operty as is authorized to be purchased, acquired or dis- posed of by this chapter: Provided, That if in any village r< 'incorporated as a city or any city reincorporated under and ttade subject to the provisions of this act, there shall be a school district extending beyond the city limits, or having a special charter, then such school district not to be governed school Proviso, reincorpor atod citios and villages. I 250 STATE OF MICHIGAN. Proviso, special charter. by the provisions of this chapter, but all the laws and regu- lations now governing such district shall remain in full force and effect the same as if such city or village had not been reincorporated : Provided, That in school districts extending beyond the city limits or having a special charter, the secre- tary of such school district shall certify to the various super- visors of said city and townships the proportionate amount of school taxes to be assessed against property in the various wards and townships, according to the assessed valuation thereof, and the same shall be levied, collected and returned in the same manner as is provided for the levy, collection and return of school taxes in the remainder of said district lying without the limits of said city. Am. 1919, Act 68. Act 279 of 1909, sec. 4, as amended, ( 3307, C. L. 1915) known as the "Home Rule" act, in paragraph (f), providing "for the establishment of any depart- ment" deemed "necessary for the general welfare of the city," expressly excepts "public schools." A municipal corporation may receive and hold personal property in trust for educational purposes. Hatheway v. Sackett, 32 / 97. Also for library pur- poses. Maynard v. Woodard, 36 / 423. Exercise of the veto power by the president of the Bay City school board. Llchtig v. Saginaw Circuit Judge, 180 / 667. (592) 3263. SEC. 2. The board of education of such public schools shall consist of six trustees, who shall be quali- fied electors of the school district, and the regular annual election of school trustees shall be held on the second Monday of July of each year. At the first election held under this act two trustees shall be elected for the term of one year, two for the term of two years, and two for the term of three years from the second Monday of July of such year, and the term for which each trustee is elected shall be designated on the ballot cast for him. Annually thereafter two trustees shall be elected for a term of three years from and after the second Monday of July of the year when elected and until their suc- cessors are qualified and enter upon the duties of their offices. (593) 3264. SEC. 3. Such annual election of school trustees as above provided shall be held at such places, not exceeding five, in each city as the board of education shall designate. In the designation of such places it shall be the duty of said board to choose places most convenient for the accommodation of the voters : Provided, That there shall be not more than one polling place in any one ward. The polls shall be open at nine o'clock in the forenoon and shall con- tinue open, without intermission or adjournment, until the hour of eight o'clock in the afternoon, at which time they shall be finally closed. Said election shall be by ballot and, except as herein otherwise directed, shall be conducted in all respects, including the manner of selecting candidates, the placing of names of candidates upon the ballots, the printing of the ballots, erection of booths, etc., in the manner and in conformity with the provisions of law governing in the Board of education, of whom to consist. Annual election. Term of office. School trustees, election of. Proviso, polls. Election, how con- ducted, etc. I GENERAL SCHOOL LAWS. 251 case of annual township elections. All the penalties of the gei eral election law relative to neglect of duty or violation of ;he terms of this act shall be applicable. The members of th< said school board shall be governed by the same restric- tio is and shall perform similar duties to those prescribed foi the township board at annual township meetings. Notice of the time and places of holding such elections shall be ghen by the secretary of the board not less than fifteen da 's before the said election by placing such notices in thiee of the most public places in each ward of the city, an 1 by publishing a copy thereof in one or more newspapers published in the city for the same length of time before th ! election. On or before the twentieth day of June in each ye ir the board of education shall appoint three election com m ssioners. All nominations for the office of trustee shall be m de by petition signed by at least twenty-five qualified el< ctors of said district. All nomination petitions shall be fil jd by the respective candidates with said election commis- si ners at least five days before the election. The said elec- ti< n commissioners shall, after the time during which nomi- m tion petitions may be filed has elapsed, proceed to deter- m ne by lot the place which each candidate shall have upon the official ballot; and thereupon said commissioners shall cause to be printed ballots in the same manner and form as near as may be as now used in the election of city officers. They shall deliver said ballots when printed to the secretary of the board of education the day preceding the day of elec- tion. Nothing contained herein, however, shall be construed so as to prevent any elector from voting for any person by pi sting or writing the name of his candidate or candidates in pencil on his ballot. (594) 3265. SEC. 4. The board of education of such public schools shall choose one member of said board and also another qualified elector of said city to act as inspectors of election in each polling place, and the electors present at the opening of each polling place shall choose another quali- fied elector of said district and the three together shall con- stitute a board of inspectors for such election at such polling place: Provided, That no candidate for trustee shall act an inspector of election and if any of said trustees are so d-squalified the board of education shall choose another q lalified elector to act as such inspector of election, and if the persons so chosen as inspectors of election shall not be present at the opening of the polls or remain in attendance, the electors present may choose viva voce such number of e'ectors present as shall constitute a board of three inspectors of such election, and if the two inspectors of election chosen by the board of education shall be present at the opening of polls and remain in attendance the electors present shall Penalties Notice of election. Nominations. Election com- missioners, duty of. Election Inspectors. Proviso, vacancies STATE OF MICHIGAN. Chairman. Proviso, polling places. Inspectors, duty of. Canvass. Report to board. Declaration of result. choose one elector present who together with the two inspect- ors chosen by the board of education shall constitute a board of three inspectors of election for each polling place. Each of said inspectors shall take the required oath to faithfully perform the duties of inspector of such election. Said board of inspectors of election in each polling place shall elect out of its number as chairman and one of its number as secretary of the board of inspectors. The qualifications of voters at such election or the school district meetings shall be such as are or may hereafter be prescribed by the general school law. The board of inspectors shall have the same authority and power in maintaining and enforcing order and obedience to its lawful commands at such elections and during the canvass of the votes as are conferred by the general laws of the state upon school officers in similar cases: Provided, however, That electors shall cast their votes at the polling place in the ward in which they reside if there be a polling place in such ward, and if no polling place is provided or held in such ward then the board of education of the said city shall designate the polling places where the voters of such ward having no polling place shall vote, and in such event the board of education shall name in the notice of election the said polling places. Am. 1917, Act 10. (595) 3266. SEC. 5. The board of inspectors of each polling place shall make a poll list of names of persons voting at such election in that polling place. It shall also have the last school census or a copy thereof present at such elec- tion, open for inspection by any citizen ; it shall also have the right of access to the registration books of the several poll- ing places of the city if it deem it necessary, and for that purpose it may require the city clerk to attend such election with such registers in the voting places designated by the board of education. (596) 3267. SEC. 6. When said polls shall be finally closed the board of inspectors of the different polling places shall proceed publicly to count, determine and declare the number of votes cast and for whom, and shall on the same or on the next succeeding day make up and sign a statement in writing showing the whole number of votes cast and the number of votes cast for each person for whom votes were cast; such statement, together with the minutes and other papers of election, shall be filed with the secretary of the board of education. The inspectors of the several voting places shall forthwith report in writing to the secretary of said board the number of votes cast and for whom, and the number of votes cast for each person, which shall be filed with the secretarv of the board of education. The person or per- GENERAL SCHOOL LAWS. 283 s who shall have received the highest number of votes for su h office of trustee for the several terms designated upon th- ballot shall be declared elected by the board of trustees wi hout delay, and if two or more persons shall have received an equal number of votes where only one trustee is to be el ited. Hie said board of trustees shall choose one of said |K sous by lot ;is siirli trustee. The ballots shall, when the Ballots, di- \-i> e shall have been declared, be returned to the boxes and l i\\ boxes be locked and sealed and deposited with the secre- ta y at the time of the filing of said statement. Each person Oathof office. so declared elected to the office of school trustee under the pi >visions of this act shall, within live days after he has been d( ilared elected, qualify by taking and subscribing the re [uired oath of office and filing the same with the secreta ry of the board of education. SCHOOL SITES. A Act authorizing the commissioner of the state land office to sell utes to school districts, churches and cemetery associations from ands held by the sale as tax homestead lands. [Act 223, P. A. 1909.] Tlie People of the State of Michigan enact: (597) 4167. SECTION 1. The commissioner of the state sites for la ml office is hereby authorized to sell sites to school districts, comm^'sion* I cl turches and cemetery associations from any lands held by may 8el1 - 1.1 e state of Michigan as tax homestead lands, at such price a; shall be fixed by the said commissioner. The application Application. i'< r the purchase of such sites shall be made by the proper oih'cers of the school district, or the trustees of the church or cemetery association, upon blanks prepared and furnished by the said commissioner for that purpose: Provided, That the Provl8 - said commissioner shall not sell for any such purpose any k ml in excess of the amount which may be necessary for the use of any such school district, church or cemetery asso- cation: Provided further, That any land so sold shall be F r u r v t / B r U8e used solely for the above purposes, and when same ceases to be used for such purpose, it shall revert to the state of Michigan. -To of I'.n:: (S :,r,r,7. C. I- r.ir.i :ii..,iishps the office of commissioner of ' liinil otlici- ;iinl transfers In-; ilntifs to tin- jmlilif <|HI:UM commission 1 tin- superintendent f pui.lir instruction. 254 STATE OF MICHIGAN. Plans to be submitted to superintend- ent of public instruction. Approval. Proviso, inspection during con- struction. Condemna- tion of scboolbouse. Notice to board of education. When super- intendent may close buildings. Proviso, plac- ing in safe condition. APPROVAL OF PLANS FOB SCHOOL BUILDINGS. An Act to require plans for all school buildings and for additions to school buildings, the cost of which shall exceed three hundred dol- lars, to be approved by the superintendent of public instruction ; to require that plans and specifications for the heating and ventilating of all schoolhouses be approved by the superintendent of public instruction before any heating system is installed in said buildings ; to provide a penalty for the violation of any of the provisions con- tained in said act; and to authorize the condemnation of school- houses under certain conditions, (a) [Act 17, P. A. 1916.] The People of the State of Michigan enact: (598) 5874. SECTION 1. No schoolhouse shall hereafter be erected in any school district in this state, and no addition to a school building in any such district shall hereafter be erected, the cost of either of which shall exceed three hundred dollars, until the plans and specifications for the same shall have been submitted to the superintendent of public instruc- tion and his approval indorsed thereon. Such plans and specifications shall be submitted in duplicate and shall show in detail the ventilation, heating and lighting: Provided, That the said superintendent of public instruction shall have authority to inspect such building or buildings during the process of construction in order to determine that the provi- sions of this act are being complied with. (599) 5875. SBC. 2. The superintendent of public instruc- tion shall have authority to inspect and condemn school- houses. After an inspection of a school-house, if in the judg- ment of the said superintendent of public instruction such building, or any part thereof, is not in a safe and sanitary condition, notice thereof shall be given to the district board or board of education of the district in which such building is located, said notice to be given at least six months preceding the first day of August. On the first day of August following such notice given, if said building has not been placed in a safe and sanitary condition by the district board or board of education, said superintendent of public instruction shall have authority to close such building, or a part thereof, and such building, or part thereof, shall not again be opened for public use until such building, or part thereof, shall have been placed in a safe and sanitary condition to the satisfac- tion of the said superintendent of public instruction: Pro- vided, That after such building, or part thereof, has been closed for public use said superintendent of public instruc- tion shall be authorized and he is hereby required to have such building, or part thereof, placed in a safe and sanitary (a) Title Am. 1919, Act 139. I GENERAL SCHOOL LAWS. 255 Proviso, vacation of order to close. coi dition at the expense of the district : Provided, That any di:- trict board or board of education, being dissatisfied with th< order of the superintendent of public instruction deter- mi ling such school-house to be in an unsafe or insanitary condition, may within thirty days of the issuance of such or- er and notice thereof, commence an action in the circuit co irt in chancery for the county in which such school-house is located, against the superintendent of public instruction as Jefendant, to vacate and set aside such order on the ground th t said order is unlawful or unreasonable; in which suit th ; superintendent of public instruction shall be served with su )poena and a copy of the complaint. ;600) 5876. SEC. 3. No tax voted by a district meet- in j, or other competent authority in any such school district, ex needing the sum of three hundred dollars for building pur- p( ses, shall be expended by the district board or board of ed ication of such district until the superintendent of public in sii BS for buildings, playgrounds, athletic fields, or other la ids which it is authorized to acquire; or to erect or equip bi ildings which it is authorized to erect or equip; or to make ai y other permanent improvement which it is authorized to in ke. and the common council, city commission or other le ;islative body of the city in which said district is situated si ill by resolution consent to and approve of the resolution b; which said board of education so determines, said school d strict may, to purchase said buildings, sites or other lands, o to pay awards made in said condemnation proceedings, o to erect or equip said buildings, or to make any other said p rmaneiit improvement, borrow money by the issue and sale bonds. (b'0(>) SKI\ H. Delinition. The words "a single school d strict" as herein used shall signify the principal or domi- n iting district in any city in which there is a principal or d >minating district and but parts of other districts in out- 1; ing sections, and shall signify also the school district in a ly city wherein the territorial limits of said district and t ic jurisdiction of its board of education are coterminus [ ioterminous] and coextensive with the territorial limits of s lid city. ( i SEC. 4. The board of education of said district may Resolution to 'rom time to time by resolution determine to issue and sell i88ue- >onds hereunder on the faith and credit of the district; in its on payment to him of the moneys payable under the ac :epted proposals therefor, with interest accrued to date of d( livery, said treasurer shall deliver said bonds to those ei titled thereto. Premiums and accrued interest shall be ci idited to the interest fund. Principal shall be used only f( pin-poses for which said bonds were issued and sold, and si ill be controlled and disbursed as is by law directed with it 'erence to other funds of said district. Principal and inter- e.^ shall be paid, and exchange of coupon bonds for registered b< nds shall be made, as is by law directed with reference to IL;C matters related to other bonds. No bonds shall be issued ai d sold hereunder at less than par, nor if disapproved on a rt ferendum, but disapproval shall not preclude re-submission 01 renewal of project to issue and sell said bonds. (Oil) SEC. 7. In the annual budget of said board of e; ucation there shall be included and appropriated sums to 1>< raised by taxation sufficient to pay interest on bonds issued ai d sold hereunder and to pay principal due on serial bonds at maturity; in said budget, to provide a sinking fund for tl e payment of bonds payable at the end of a fixed term of years, there shall be included and appropriated each year pi ior to the fiscal year in which said bonds mature at least a pro rat a part of seventy-live per centum of the principal tl ereof, to be raised by taxation, and in the budget of the fhcal year in which said bonds mature there shall be included and appropriated amounts to be raised by taxation sufficient, with the amounts previously provided and the increment tl ereof. to pay said bonds at maturity. (OIL 1 1 Si:r. S. The provisions hereof are supplemental tr , and are not to repeal, other provisions of law under which bonds of said district are authorized to be issued and sold, 1) it no bonds shall be issued and sold hereunder by authority of said board of education and legislative body, even though a iproved by a majority vote of the electors, which, with other bonds of the district, will make the gross debt of said district in excess of two per centum of the assessed value of all the real and personal property in the district. Bonds may, how- e^'er, be issued and sold hereunder which, with other bonds of said district, will make said gross debt in excess of said two Delivery. Premiums, etc., where credited. No bonds at less than par. Annual budget, what to include. Sinking fund. Provisions construed. Maximum gross debt. 260 STATE OF MICHIGAN. per centum, if approved by a three-fifths vote of the electors voting thereon at any election, general or special, but in no case shall bonds be issued and sold hereunder which with other bonds of the district will make said gross debt in excess of five per centum of said assessed value. (613) SEC. 9. All provisions of law which require that the proceedings of said board of education or legislative body be submitted to the executive officer of said city and which regulate the procedure of said board or body on a veto of said proceedings shall apply concerning the issue and sale of bonds hereini der. SEC. 10 - A11 officers of the cit in which said dis- Laws applicable. ?fflcers ip e a x- ing offlcio officers, trict is situated, herein given participation in matters relat- ing to the issue and sale of bonds hereunder, and those upon whom participation therein would devolve under revision or amendment of any special or local act, are for the purposes hereof made ex-officio officers of said district. Bond issue. Tax to pay interest and principal on. An Act to authorize the levy of taxes to pay principal and interest of bonds issued under the provisions of act number one hundred fifty of the Public Acts of nineteen hundred fifteen, entitled "An act to prescribe and limit the power of school districts having a popula- tion of more than fifteen thousand and less than one hundred thou- sand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent herewith," approved May seven, nineteen hundred fifteen, and to repeal all acts and parts of acts inconsistent herewith. [Act 266, P. A. 1917.] The People of the State of Michigan enact: (615) SECTION 1. The board of education or other legis- lative body of any school district which shall have hereto- fore issued or shall hereafter issue bonds under the provisions of act number one hundred fifty of the Public Acts of nine- teen hundred fifteen, entitled "An act to prescribe and limit the power of school districts having a population of more than fifteen thousand and less than one hundred thousand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent herewith," approved May seven, nineteen hundred fifteen, shall provide annually for the levy and collection of a direct tax upon all the taxable property in such school district sufficient to pay the interest on such bonds as it falls due, and also to pay and discharge the principal thereof at maturity. Sec. 2 repeals all acts or parts of acts, whether local or general, in an: conflicting with the provisions of this act. GENERAL SCHOOL LAWS. 261 V )TING, ETC., SCHOOL TAXES IN CERTAIN CITIES. Act relative to voting, assessing and collecting school taxes in city school districts, and to provide for the collection of school taxes with he city taxes therein. [Act 337, P. A. 1919.] The People of the* State of Michigan enact: (616) SECTION 1. In any school district composed e tirely of territory situated in any city or cities in this state, h ving a population not exceeding sixty thousand inhabitants a cording to the last regular government census, a meeting o the qualified electors of said district shall be held upon the f< urth Monday of April of each year, for the purpose of v 'ting and determining such school taxes for the ensuing s< hool year as are required by law to be voted and determined b ' the electors of the school district. Notice of the day, hour, p ace and purpose of said meeting of electors shall be given b r the secretary of the board of education, by posting notice t" .ereof in at least twelve public places in said district, at 1( ast ten days before said meeting, and by publication in one o more of the city papers, if any, in said district, at least s x t linos within ten days next preceding said meeting. If 'no d illy paper is published in the district, the notice shall be ] iblished at least once in a weekly newspaper published ti lerein. Mi 17) SEC. 2. The board of education of said school dis- t-ict shall, between the fourth Monday in April and the sec- o id Monday in May in each year, make out and deliver to the city clerk of each city in which any part of the district ih situated, a report in writing under their hands of all taxes v>ted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district. (618) SEC. 3. On or before the fourth Monday in May in each year, the clerk of each city in which any part of said school district is situated shall deliver to the assessing officer or officers of his city, a certified copy of all statements on tile i:i his office of moneys authorized to be raised by taxation in said school district for school purposes. Said school taxes shall be assessed upon the taxable property of said school iistrict upon the next succeeding assessment roll of said city r cities, and the same proceedings shall be taken for the col- 3ction thereof as for the collection of city taxes in said city r cities: Provided, however, That taxes already assessed nd in process of collection at the time this act shall take ffect shall be collected, and proceedings taken in regard iereto, as provided by the laws relating thereto at the time iis act takes effect! School meet- ing to vote taxes In cer- tain cities. Notice. Notice of taxes voted given to city clerk. Assessor fur- nished certi- fied copy, etc. Proviso, taxes already assessed. 262 STATE OF MICHIGAN. Powers of clerk, etc. General law to govern. Referendum. Form of ballot. Certificate of determina- tion. When effective. Resubmission of question. (619) SEC. 4. In all proceedings in relation to the assess- ment, spreading and collection of taxes for school purposes in said district, and in relation to the receipt and disburse- ment of all moneys belonging to said school district, the city assessing officer or officers, city clerk and city treasurer of the city or cities in which said district is situated, shall have like powers and duties as are prescribed by the laws of this state for township supervisors, township clerks and township treasurers, respectively, except as in this act otherwise pro- vided. (620) SEC. 5. Except as provided otherwise in this act, the provisions of the general school laws of this state and any local act in force in such district relative to voting, assessing and collecting school taxes, shall continue and be in full force and effect. (621) SEC. 6. This act shall not be in force and take effect in any school district until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any school district at such time or times as the board of education of such district shall determine, and when submitted, the ballot for voting thereon shall be in substantially the following form : Shall this school district adopt act number of the public acts of nineteen hundred nineteen, being "An Act relative to voting, assessing and collecting school taxes in city school districts, and to provide for the collection of school taxes with city taxes therein?" Yes ( ). No ( ). Whenever, upon a canvass of the vote upon the said prop- osition, it shall be determined that a majority of the voters voting upon such proposition have voted in favor of the same, the secretary of the board of education shall make certificates of such determination under the corporate seal of the dis- trict, one of which he shall file in the office of the county clerk of the county, one in the office of the clerk of the city or cities in which such district is situated, and another shall be filed in his own office. This act shall be in effect in said dis- trict on and after the filing of said certificates as aforesaid. (622) SEC. 7. If any school district has elected to come under the provisions of this act, such district may at any time after two years, upon a petition signed by a number of quali- fied electors, not less than fifteen per cent of the number of electors voting at the last preceding election in said district, resubmit the question of the continuance or discontinuance of this act within such" district. The form of the proposition for the resubmission of the question shall be drafted by the board of education when submitted at any succeeding special or general election. GENERAL SCHOOL LAWS. 263 FIRE PROTECTION IN THE SCHOOLS. [Extract from Act 285, P. A. 1909.] Factory Inspectors, 623) 5334. SEC. 13. Factory inspectors shall have po ?er to condemn all schoolhouses if in their opinion they power 1 " to ar unsafe and liable to collapse and cause the lives of chil- dr u to be endangered; also factory inspectors shall have po ver to order fire escapes on all manufacturing establish- m< nts, hotels, stores, theaters, schools, halls, public and office bi Idings two or more stories in height, and apartment he ises three or more stories in height, if in the opinion of th j factory inspector it be necessary to insure the safety of pc 'sons in such places ; said fire escape or means of egress, or as many thereof as may be deemed sufficient by the in pector, shall be provided, and where it is necessary to pro- vi le fire escapes on the outside of such building they shall co isist of landings and balconies at each floor above the first, to be built according to specifications provided by the factory in jpector. All doors in schoolhouses and the doors of the c;i >itol building and all state institutions shall open outward. F; ctory inspectors shall in writing notify the owner, agent or lessee of such manufacturing establishments, hotels, stores, tli -;iters, schools, halls, apartment houses and public and of ice buildings of the required location and specifications ol such escapes as may be ordered and as to all failures to comply with the provisions of this act. Any person, firm or Penalty, corporation, or any member of any school board, who shall vi )late or cause to be violated any of the provisions of this section, or shall fail or refuse to erect or cause to be erected a i y lire escape ordered by any factory inspector, under ai thority of this section, shall be deemed guilty of a misde- in unor, and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court. Doors to open out- ward. ESTABLISHMENT, ETC., OF HIGHWAY TO SCHOOL BUILDING. [Extract from Chap. I, Act 283, P. A. 1909.] 4297. SEC. 10. * * * * The said township board liall cause to be established and improved a public highway schooi each and every public school building in any organized nhool district in every township, and where a highway is 264 STATE OF MICHIGAN. already laid out and established, and not improved and made passable to any such public school building, the said board shall cause the same to be so improved and made passable for public use. Instruction, etc., of cer- tain inmates. Approval. Approval of An Act to provide for the direction and supervision of the instruction and training of the inmates in all institutions in this state where Juvenile delinquents are confined or detained by order of any court, parent or guardian, and to authorize the superintendent of public instruction to direct and supervise the instruction and training of the inmates in said institutions. [Act 137, P. A. 1917.] The People of the State of Michigan enact: (625) SECTION 1. The superintendent of public instruc- tion is hereby authorized to supervise and direct the instruc- tion and training of the inmates in all public institutions in the state where juvenile delinquents are confined or detained by order of any court, parent or guardian. No course of study shall be pursued in any of such institutions which shall not have been approved by the superintendent of public instruction, and he shall prescribe for each institution the course of study it shall follow. (626) SEC. 2. No person shall be permitted to teach in any public institution of this state, as provided in this act, whose educational qualifications shall not have been approved by the superintendent of public instruction. Added 1919, Act 17. System authorized. Idem. Operation of. An Act authorizing cities, villages, counties, townships and school dis- tricts to operate systems of public recreation and playgrounds. [Act 156, P. A. 1917.] The People of the State of Michigan enact: (627) SECTION l v Any city, village, county or township may operate a system of public recreation and playgrounds ; acquire, equip and maintain land, buildings or other recrea- tional facilities; employ a superintendent of recreation and assistants; vote and expend funds for the operation of such system. " (628) SEC. 2. Any school district may operate a system of public recreation and playgrounds, may vote a tax to pro- vide funds for operating same, and may exercise all oth powers enumerated in section one. (629) SEC. 3. Any city, village, county, township o school district may operate such a system independently or they may co-operate in its conduct in any manner in which 1 . I (JENEKAL SCHOOL LAWS. 206 th Of th bo y r may mutually agree ; or they may delegate the operation ;he system to a recreation board created by any or all of m, and appropriate money, voted for this purpose, to such rd. 630) SEC. 4. Any municipal corporation or board given ch rge of the recreation system is authorized to conduct its ac ivities on (1) property under its custody and manage- mt it; (2) other public property, under the custody of other mi nicipal corporations or boards, with the consent of such co porations or boards; (3) private property, with the con- se; t of the owners. Where maj b conducted. Ar Act authorizing school boards to permit the use of school grounds ; nd schoolhouses as community or recreation centers for the enter- linment and education of the people and for the discussion of all opics tending to the development of personal character and civic welfare; to provide payment for janitor service and other expenses acident thereto ; and to repeal all acts or parts of acts inconsistent erewith. [Act 318, P. A. 1917.] The People of the State of Michigan enact: (631) SECTION 1. The school board of any city, village, use grantee, township or school district in this state, upon the written application of any responsible organization located in said sc 100! district, or of a group of at least seven citizens of said school district, shall grant the use of all school grounds ar d schoolhouses as community or recreation centers for the entertainment and education of the people, including the acults and children of school age, and for the discussion of al topic? tending to the development of personal character aid of civic well'arc. Such occupation, however, shall not seriously infringe upon the original and necessary uses of such properties. The school board in charge of such build- Rui * n r outlined procedure, in connection with these forms, see Digest issued by Superintendent of Public Instruction.) FORM No. 1. A T >tice by the Clerk of the township board to a taxable inhabitant of a district of the time of its formation. [See sections 27, 28.] T> A. B SIR The township board of the township of ................ have formed a school di strict in said township, to be known as district No .......... and bounded as fol- io ^s: [Here insert the description.] The first meeting of said district will be held at .............. , on the ............ di y of .............. 19 ..... at .............. o'clock, . .M., and you are instructed to notify every legal voter of said district of the same, at least five days previous to said meeting, either personally or by leaving a written notice at his place of residence. You will indorse on this notice a return, showing each notification, w .th the date or dates thereof, and deliver the same to the chairman of said meeting. Dated this .............. day of ............... 19 ---- (Signed.) I C ............ D ............ , Cleric of the Township Board. FORM No. 2. Kotice of first meeting when made in writing to be left at the house of every I legal voter. [See sections 27, 28, 42.] o C D , SIR School district No of the township of having been^ formed by the township board, you, as a legal voter in said district, are hereby notified that the first meeting thereof will be held at , on the day of 19 , at o'clock M. Dated this day of 19 (Signed.) A , B [The person appointed to give notice.} 270 APPENDIX. FORM No. 3. Endorsement upon the notice (Form No. 1) by Taxable Inhabitant. [See sections 27, 28, 42.] I, A B hereby return the within (or annexed) notice, bar- ing notified the qualified voters of the district, as follows : NAMES. DATE. How NoTiFDa). A B January 1, 19 Personally. D January 1, 19 Written notice. F January 2, 19 Personally. Dated this day of , 19. ... (Signed.) A B FOBM No. 4. Notice by Township Clerk to Director, of Alteration m District. [See section 36.] To the Director of School District No , Township of SIB At a meeting of the township board of the township of held ., 19. . . ., the boundaries of school district No. . ., township of , were altered in such manner that the territory of said district now includes the following: [Here insert the description.] Dated this day of 19 (Signed.) C D Clerk of the Township Board. FOBM No. 5. Notice of Meeting of Township Board. [See section 33.] NOTICE A meeting of the township board of the township of , will be held at , on the day of 19 , at o'clock .".M., for the purpose of [here insert every object that is to be brought before the meeting, and if for the purpose of changing boundaries of districts, state the alterations proposed.] Dated this day of , 19 (Signed.) A B , Cleric of the Township Board. APPENDIX. FORM No. 6. Appointment of District Officers by Toionship Board-. [See section 48.] undersigned members of the township board of the township of d< hereby appoint A B [director, moderator or treasurer, as tl e case may be] of school district No in said township, the district board h vlhg failed to appoint. I Dated this day of , 19 C D E F , G H , Township Board. FORM No. 7. Notice to Township Board requesting it to flx School Site. [See section 102.] 1 o the Township Clerk of Township: You are hereby notified that the legally qualified voters resident in school dis- t let No township of , county of , are unable to fix a * 'hool site for said district and you are hereby requested to call a meeting of the t )wnship board of the township of , for the purpose of fixing a site for E lid school district. Dated this day of , 19. ... (Signed.) A B , Director. , FORM No. 8. Certificate to be given to the Director of a School District, by the Township Board when it establishes a Site. [See section 102.] The inhabitants of school district No township of having Jailed, at a legal meeting, to establish a site for a schoolhouse, the township board hereby certifies that it has determined that the said site shall be as follows: | Here insert description.] - Given under our hands this day of , 19. . . . A B 1C D. E F, Township Board. FORM No. 9. Notice to Toivnship Board of consetit to consolidation of School Districts under the General School Law. [See section 34.] To the Township Clerk of Township: SIB At the annual meeting of the legally qualified voters of school district No township of held 19 the question of 272 APPENDIX. disbanding the present organization of said district and uniting its territory with that of other school districts was submitted resident taxpayers of the district were present. The result of the vote was as follows: Number of votes in favor of disbanding the district ; number of votes opposed* to disbanding the district You are hereby notified that a majority of the resident taxpayers of said school district No of the township of has consented to the disbanding of said district and the consolidation of its territory with other districts and you are hereby requested to call a meeting of the township board of township at the earliest possible date to consolidate the territory and dispose of the property of said school district No , township of Dated this day of 19 (Signed.) A B Director.. FORM No. 10. Petition ly resident taxpayers of the School District, giving consent to the dis- banding of School District and consolidation of territory. [See section 34.] , Michigan, , 19 To the Township Board of Township, County of , State of Michigan: The undersigned, resident taxpayers of the school district No , in the township of , do hereby give consent that the organization of said school district No , township of , shall be dissolved and that the territory of said school district No of the township of shall be divided or consolidated with other school districts as in the judgment of the township board may be deemed best. (Signatures.) FORM No. 11. Notice of Annual Meeting. [See sections 39, 41, 66.] NOTICE The annual meeting of school district No of the township of , for the election of school officers and for the transaction of such other business as may lawfully come before it, will be held at , on Monday, the day of July, 19 , at o'clock . .M. Dated this day of July, 19. ... (Signed.) A B Director. 1 the AI'I'KXIUX. FORM No. 12. 'quest to be made by five Legal Voters of a District to the District Board for a Special Meeting. [See section 40.] District Board of School District No (or to A B , one of the District Board): The undersigned, legal voters of school district No of the township of . , request you, in pursuance of section 15, of chapter II of the general s hool laws of 1881, to call a special meeting of said district, for the purpose of Dated this day of , 19 (Signed.) E F G H I K L.. M (NOTE : This petition must be signed by at least five legal voters. If it is a question upon v tiich only taxpayers vote, it must be signed by at least five tax-paying electors.) FORM No. 13. Notice of Special Meeting. [See sections 40, 41.] NOTICE A special meeting of the legal voters of school district No , in t le township of , called on the written request of five legal voters [or cilled by the district board, as the case may be], will be held at on t le day of , 19 , at .... o'clock . . M., for the purpose [here insert every object that is to be brought before the meeting.] ((Signed.) A B , Director. (\OTE: Unless tbe business to be transacted is given in the notice of special meetings, it of property Wa ; jr supply Pre limn on honcls Tra sportation of pupils * Rec rd books and blanks Def iencies Fla and flag staff Fre> textbooks Gen ral tuition .' Tui ion of eighth grade pupils Total $ S id sums you will report to the supervisor to be assessed upon the taxable pro erty of said district in accordance with the provisions of law. I ited at this day of , 19 A B , Director. C D , Moderator. E F , Treasurer. FORM No. 23. Not ce by the Township Treasurer to the Township Cleric of Moneys to be Appor- tioned to Districts. [See sections 84, 85.] To he Clerk of the Township of , County of : S R I have now in my hands for apportionment to the several school districts of this township the following moneys: - Primary school interest fund $ Lib ary moneys received from county treasurer , One mill tax Disi rict taxes ' Spe nal funds Dated this day of , 19 A B Township Treasurer. FORM No. 24. lice by the Township Clerk to the Township Treasurer, of the Apportionment of Moneys to Districts. [See sections 75, 76.] V) the TmiMim r <>f tin- Tnirnnhip of , County of : Sin Herewith lind a statement of the number of children of school age in each sch ...1 district of this township, entitled to draw public moneys, and the amount ~ moneys apportioned to each of said districts: It 278 APPENDIX. Districts. No. of children in district. Primary school in- terest fund. Library moneys. One-mill tax. f ! Total to each dis- trict. District No. 1 $ $ $ $ $ . $ . ... District No. 2, fr'l Totals $ $ $ | $ $ * i Dated this day of , 19 FOBM No. 25. Notice by Township Clerk to Directors, of Moneys belonging to the Districts. [See section 76.] A B , Director, School District No , Township of : SIB The amount of school moneys apportioned to school district No , township of , is as follows : Primary school interest fund I Library moneys received from county treasurer One-mill tax ' District taxes Special funds Total Dated this ......day of , 19 Township Clerk. FORM No. 26. Certificate by the Township Clerk to the Supervisor, of district taxes to be assessed. [See section 74.] Supervisor of the Township of , County of : SIB I hereby certify that the following is a correct statement of moneys pro- posed to be raised by taxation for school purposes in each of the several school APPENDIX. 279 dis ricts of this township, as the same appears from the reports of the district boji rds of the several districts now on file in my office: Districts. For teachers ' wages. For building purposes. For free text- books. . * a 1 * 6 i i s i Tj Diet ct No 1 $ $.. .. $. . $ i $ $ 1 I | Dist ct No. 2, fr'i ^ /hich amounts you will assess upon the taxable property of each of said dis- tri ts in accordance with the provisions of law. j >ated this day of , 19 I A B , Township Clerk. FORM No. 27. Deed to school cUstrict. [See section 53.] ] INOW ALL MEN BY THESE PRESENTS : That A B and C D , his wife, of the township of , county of and state of , part., of the first part, for and in con- sid jration of the sum of dollars, to paid by the district board of ;chool district No , of the township of , county of and state of Michigan, the receipt whereof is hereby acknowledged, do., hereby grant, bargain, sell, and convey to school district No aforesaid, the party of the second part, and their assigns forever, the following described parcel of land, namely [here insert description] ; together with all the privileges and appurte- nances thereunto belonging, to have and to hold the same to the said party of the second part and their assigns forever. And the said part., of the first pait for themselves, their heirs, executors, and administrators, do covenant, grant, baigain, and agree, to and with the said party of the second part and their assigns, that, at the time of the ensealing and delivery of these presents, they were we 1 seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law, in fee simple, and that the said lands and premises are free from all encumbrances, whatever; and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part and their assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and del end. ] n witness whereof, the said A B and C D , his wife, party of the first part, have hereunto set their hands Kil seals, this day of , 19 A B [SEAL] C I) [SEAL] ittgned, sealed and delivered in presence of E F G H STATE OF Co inty of On this day of , in the year one thousand nine hundred an 1 before me, J K a in and for 280 APPENDIX. said county, personally appeared and , his wife, to me known to be the same persons described in and who executed the within instru- ment, who severally acknowledged the same to be their free act and deed. Witness my hand and official seal, the day and year last above named. J K , [SEAL] My commission expires FORM No. 28. Lease to school district. [See section 53.] KNOW ALL MEN BY THESE PRESENTS '. That A B , Of the township of county of , and state of of the first part, for the consideration herein mentioned, does hereby lease unto school district No , in the township of , county of . . . ; and state of Michigan, party of the second part, and their assigns, the following parcel of land, to wit : [here insert description] with all the privileges and appur- tenances thereto belonging; to have and to hold the same for and during the term of years from the day of , 19.... And the said party of the second part, for themselves and their assigns, do covenant and agree to pay the said party of the first part, for the said premises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals this day of , 19 A B , [SEAL] Lessor. C D , E F , [SEAL] G H , Board of Sdwol District No of the Township. Signed and sealed in the presence of I R L.. M.. FORM No. 29. Contract for building a schoolhouse. [See section 53.] Contract made and entered into between A B , of the town- ship of , in the county of . .*. , and state of Michigan, and C D E F , and G H , composing the district board of school district No of the township of , in the county of , and state of Michigan, .and their suc- cessors in office. In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dollars, to be paid as hereinafter specified, the said A B hereby agrees to build a schoolhouse, and to furnish the material therefor, according to the plans and specifications for the erection of said house hereto appended and approved by the superintendent of public instruction for the state of Michigan, and at such point in said district as said district board may designate. The said house is to APPENDIX. b> built of the best material in a substantial, workmanlike manner, and is to be c mpleted and delivered to the said district board or their successors in office, f: e from any lieu for work (lone or material furnished, by the day of ,19 And in case the said house is not finished by the time herein s: ecified, the said A B shall forfeit and pay to the 8; id district board or their successors in office, for the use of said district, the s m of dollars, and shall also be liable for all damages that may r suit to said district in consequence of said failure. The said district board or their successors in office, in behalf of said district. 1 relty agrees to pay the' said A B the sum of <: .liars when the foundation of said house is finished: and the further sum < dollars when the walls are up and ready for the roof; and the r maining sum of dollars when fhe said house is finished and delivered :i herein stipulated. It is further agreed that this contract shall not be sub-let, t ansferred. or assigned without the consent of both parties. Witness our hands this day of 10-. ... B. r Contractor. I) , E F G II District Board. FORM No. 30. Contract between district board and teacher. [See sections 58, 122, 327.] It is hereby contracted and agreed between the district board of school district I'o in the township of county of , and state of 3 [irhigan. and A B a legally qualified teacher in said ( unity and township, that the said A B shall teach the > -hooi of said district for the term of months, commencing on the < ay of 19 , and that there shall ho vacation periods of days beginning on the following dates : The said A Ii airreox to faithfully keep a correct list (f the pupils, grade and age of each attending school; to faithfully observe and enforce the rules and regulations established by the district board of said district for the external management of said M-hool and endeavor to preserve in good con- (itiou and order the school grounds, furniture and such other district property as i lay come under h . . . . supervision. The said A B further ; greee to teach the subject <>f physiology and hygiene with special reference to tin- i-nVcis of alcoholic drinks and narcotics as is required by law. also to give instruction in regard to the mode by which dangerous communicahl< are i-prcad. the best methods for the restriction and prevention of such di io prepare a report at the close of the school term or year showing the foregoing !acts. also the number of days each pupil attended school, the aggregate attend- ,ncc. the average daily attendance, and the percentage of attendance, together vith such other items as the said district board or tin- eominissioner of schools may require, and that ail this information and all these reports shall be placed in he hands of the director at the elose of the school term or year and prior to eceiving the waue- for the last month's labor. The said A P, further agree< to give instruction in such other brandies as the law may require and carry out the course "f study prescribed for said district 282 APPENDIX. The said district board, in behalf of said district, agrees to provide a water supply for the school, to keep the schoolhouse in good repair, and the school grounds in good and sanitary condition, to provide proper and necessary fuel, 10 provide a janitor, or allow the teacher dollars per month for such service, to purchase and place in the schoolroom the necessary appendages speci- fied in the law, to provide the teacher and pupils with proper charts and appliances for giving instruction in the subjects above mentioned, and to do all things that will promote the welfare and success of the school, and to pay said A B for said services as teacher, to be faithfully and truly rendered and performed as above stated, the sum of dollars per month, the same being the amount of wages agreed upon, to be paid on or before the day of , 19. . . ; provided, that in case the said A B shall be dismissed from school by the said district board for gross immorality or violation of this contract, or shall permit h . . certificate of qualification to expire, or shall have said certificate annulled or suspended by the county board of school examiners or other lawful authority, h.. shall not be entitled to any compensation from and after such annulment, suspension, or dismissal. In witness whereof, we have hereunto subscribed our names this day of , 19 C D , Director. E F , Moderator. G H , Treasurer. A B , Teacher. APPENDIX. 283 1 11 3 S3 VI X* g~ 2 g* gcc-o POT -tLBAOQ RAIQ JVU1U1VJQ sA'vp ni aonupTOWB j^oj, gj gAMtnuqaj 98V OK "fl^I 284 APPENDIX. FORM No. 32. Office of Commissioner of ScJwols. [See section 394.] , Michigan, , DEAR TEACHER By the provisions of Act No. 200 of the Public Acts of 1905, as amended, each teacher is required to examine the census list furnished her by the director at the opening of school, and report to the commissioner the names of any children who are not in attendance at the public school. I would like to have you report to me each month and at any time when there are any cases of non-attendance. You will please fill out on the appended form the names of children, their parents, and addresses in all cases where the children are not in regular attendance and forward the same to me at once. Very respectfully, Commissioner of Schools. FORM No. 33. Notice to commissioner of schools ~by teacher of cases of truancy. [See section 394.] , Michigan, , 19. County Commissioner of Schools: SIR You are hereby notified that the following children, residents of district No. . . . .' , township of , are not in regular attendance at the public school : NAME OF CHILD. NAME OF PARENT. ADDRESS. * Very respectfully, Teacher. FORM No. 34. Notice of commissioner of schools to county truant officer. [See sections 394, 395.] ., Michigan, ,19 Truant Officer of County: SIR You are hereby notified that the following named children in the districts and townships specified are not in regular attendance at the public schools. By the APPENDIX. I -visions of Act No. 200 of the Public Arts of l!M)."i. as amended, you are hereby r quested to investigate tin- <>f truancy <>r non-attendai ; !ool as is I ovided in said act VAMK OF (II II. I). NAMK of I'AKI \ I. ADD* DISTRICT. TOWN SHU'. Yours respectfully. "l;i FORM No. 35. \oticc to parents or guardian* >n rural aixtrU-tx in reijnrd- to [See section :jir,.| Michigan, , 10. r o ........................ : You are hereby notified that ............ , a child at least seven years of age mil under sixteen years, and under your legal control, is not attending the public ;<-hool as is required l.y Art No. 200 of the Public Acts of 1905, as amended. You ire hereby directed to send said child to the public school in your district on the lay following the receipt of this notice at nine o'clock, with the necessary books ,'or instruction, and you are further notified Uiat said child must be in regular md consecutive attendance at school during the remainder of the school year as aughl in your district. Yours respectfully. Served ............... 10 ---- ............................... Truant Officer. FORM No. 36. Notice to teacher of formal iiotif-e to pan nt. [See serf ion :\\\7i.\ .. Michigan. . B hereby nnfilii'-l that on 10...., formal notice was served OB that the child under his control should be in regular and c(n>ecutive attendance at public school beginning on the day following the receipt of the notice. Please gi\e me immediate notice should the parent fail to perform his duty in accordance therewith. Yours respectfully. County Truant Offioor. 286 APPENDIX. FORM No. 37. Notice Z>i/ teacher (or commissioner) to truant officer. [See section 395. j , Michigan, ....,19. Comity Truant Officer, SIR You are hereby notified that the child of of district No , township of did not begin attendance at the public school on the date stated in formal notice, nor has been in attendance since. Respectfully, Teacher ( or Commissioner. ) FORM No. 38. Notice to truant officer in city or village. [See section 395.] ., Michigan, ,19. Truant Officer of City (or Village or Township) : SIR You are hereby notified that the following named children in this city (or village) are not in regular attendance at the public schools. By the provisions of Act No. 200 of the Public Acts of 1905, as amended, you are hereby requested to investigate these cases of truancy or non-attendance at school, as is provided in said act. NAME OF CHILD. NAME OF PARENT. ADDRESS. Yours respectfully, Superintendent. FORM No. 39. Notice to parents or guardians in cities or villages. [See section 395.] , Michigan, ,19 To M... , No Street : You are hereby notified that , a child at least seven years of age and under sixteen years, and under your control, is not attending the public APPENDIX. 287 s< hools as is required by Act No. 200 of the Public Acts of 1905, as amended. } )u are hereby notified to cause said to begin regular and consecutive ji tendance at the public school on the day following the receipt .of this notice {i nine o'clock at the school, and you are further notified that s .id child must be in regular and consecutive attendance during the remainder o ' the school year. Respectfully, 19. Truant FORM No. 40. commissioner of schools, 6j/ teacher, of deaf children not in attendance at schools for the deaf. [See section 400.] Michigan, , 19 County Commissioner of Schools: SIR You are hereby notified that the following named children, residents of listrict No , township of , have such defective hearing hat they cannot be taught in the public schools, and are not attending schools 'or the deaf. NAME OF CHILD. NAME OF PARENT. ADDRESS. Yours respectfully, Teacher. FORM No. 41. \fitirc of commissioner or trunnt officer to superintendent of State School for the Deaf. [See section 400.] Michigan 19 of >v//oo/ f,,r tin- Deaf. Flint. SIR You are hrn-l.y notified Mint the following named children in the districts and townships sprfiiied have such defective hearing that they cannot be taught 288 APPENDIX. successfully iri the public schools, and are not attending any institution for deaf children. NAME OF CHILD. NAME OF PARENT. ADDRESS. DISTRICT, TOWNSHIP OR CITY. Yours respectfully, Commissioner or Truant Officer. FORM No. 42. Notice to parents or guardians l)y truant officer. [See section 400.] To. Michigan, ,19 You are hereby notified that . , a child seven years of age and under eighteen years, and under your legal control, is reported to me as having such defective hearing as makes it impossible for such child to be instructed in the public schools, and that said child is not attending any school for the deaf as is required by Act No. 48 of the Public Acts of 1907. It is your duty and you are hereby directed to send such child to a day school for the deaf or to the State School for the Deaf at Flint, or some other school for the deaf, in accordance with the provisions of said act. Yours respectfully, Served , 19. ... , Truant Officer. FORM No. 43. Notice to truant officer of blind children not m attendance at State School for the BUnd. [See section 402.] Michigan, ,19 Truant Officer of County (village, city or twvnship) : SIR You are hereby notified that the following named children under your jurisdiction, between the ages of seven and nineteen years, and who by reason of defective eyesight are unable to receive instruction in the public schools, are not in attendance at the Michigan School for the Blind. Under authority of Act No. 116 of the Public Acts of 1907, you are hereby requested to investigate these APPKMUX. ca as ami report to the Superintendent of the School for the Blind at Lansing at th earliest pos>il.le date the facts in regard to these children. .* \MK OF CHILD. NAME OF PARENT. ADDRESS. DISTRICT, TOWNSHIP OR CITY. Very respectfully, ('oiintif fifunnixMioner of Schools or Superintendent of School for the Hling schools the equivalent thereto. The records of this school show the age of child to be. years ; residence ............. .St., and ............... as Signed Principal or Executive Officer. APPENDIX. 291 g ^o TRANSCRIPT OF RECORD OF BIRTH. * **S iS * , Mich., 19. ... ^ J 5 a I >> / Hereby Certify, That the f\\ -ing is a true transcript of the record c ^tcja of the birth of as shown by the * ? c S record of 3Jg 2^ (State from what record taken.) ^ > USE I Mace of Birth.. I II Date of Birth (Official Title.) STATEMENT BY PHYSICIAN OF BOARD OR DEPARTMENT OF HEALTH. b 6 *>*:= This is to Certify, That I have examined and in my opinion he is fifteen years of age or upwards, is in Jjug sound health and physically able to perform the work he intends -a -c to do. and that the weight of said child is Ibs. and ' -a-oS height feet inches. <1I| II Signed Soe, Physician. 5Ci STATEMENT BY PARENT OR GUARDIAN. / Hereby Certify, That 3 oo was born in the , State of ^o> on the day of 19 ; is now years Se.S of age; and neither the above official or religious record of birth can m** be procured, and that I am the of said child Signed (Parent or Guardian.) j STATE OF MICHIGAN, / County of. On this day of 5 o a,^2 19 , personally appeared before me, who beintf sworn according to law, deposes and says that the foregoing * gS statement is in every respect true. g-2 1 "2 Signed H S"O oggg (Issuing Officer.) Issuing Officer will detach here and return these Reports to Applicant. One of these blanks must be filled out, and either delivered or mailed to the officer who granted the employment permit each month. If child is unemployed it must tt in i school. /MX i* to Certify, That, to whom you issued Employment Permit No. is employed by f Parent. Dated 19.... One of these blanks must be filled out, and either delivered or mailed to the officer who granted the employment permit each month. If child is unemployed it must attend school. Thin is to Certify, That. Employment Permit No. .to whom you employed by at fParent. '1 Guardian. Dated 19.... 292 APPENDIX. FORM No. 48. No Employment Permit for Children over lo and under 10 Years of Age. Under section 10, Act No. 285, Public Acts 1909, as amended by Act 220, Public Acts 1911, Act 255, Public Acts 1915, and Act 280, Public Acts 1917. On termination of the employment of the child the employer must forthwith su render this permit to the child. A permit is necessary during vacation as well as during school year. Name of Child Present Home or Residence Street City or Town Date of Birth Place of Birth , Description of Child : Color of Hair Color of Eyes Height ft in. Weight Ibs. Distinguishing Facial Marks Signature of child * ic , Michigan, , 19 This is to Certify, That I have this day received and filed all papers required by Sec. 10, Act 285 of the Public Acts 1909, as amended by Act 220, Public Acts 1911, Act 255, Public Acts 1915, and Act 280, Public Acts 1917, and that I have examined the above named child and that he can read intelligently and write legibly simple sentences in the English language and that .... he has reached the normal development of a child of age, and is in sound health, and he is physically able to perform the work which he intends to do, and that the services of the child are essential to the support of itself or parent. /, Therefore, grant hereby to said child permission to be employed. Signature Issuing Official. FORM No. 49. Application for Limited Vacation Employment Permit. For children between 15 and 16 years of age, under Section 10, Act 285, Public Acts of 1909, as amended by Act 220, Public Acts of 1911, and Act 255, Public Acts of 1915, Act 280, Public Acts of 1917. TRANSCRIPT OF RECORD OF BIRTH. , Michigan , 19. ... / Hereby Certify, That the following in a true transcript of the record 55 ^| of the birth of as shown by the record of % A (State from what record taken.) Place of Birth Date of Birth Signed (Official Title.) APPENDIX. -I VII.M1 CTl MY PKYBICIAU OF HOARD OR DEPARTMENT OF HEALTH. | .. = =r 77 "' x '< >'" ' v '' '/." TIl:it J lv' examined , f : a, e and in my opinio,i . . . .ho is fifteen years of ag- or upwards, is in sound health and physically aide to perform the work.... he intends ~' ,^. z "~ to do. and that the weight of said child i< Ibs. ami :i :'~~E height feet inches. Signed o, l'h\ sicinu. ; =iS STATEMENT BY PARENT OR GUARDIAN. I . / Ilwbu (\rtifif. That - = f .* was horn in the State of - Jg i on the day of P.)....; is now \ : ^^ of age: and neither the above official or religious record of birth can be procured, and that I am the of said child = u a 5 Signed ~.^.~= (Parent or Guardian.) - |f . STATE OF MICHIGAN. . -^ -_ ? i County of On this day of 10 personally apjK'ared before me t^^ who being sworn according -to law, deposes and says that the foregoing statement is in every re:-pect true. li*!^ Signed 3. U c - (Issuing Officer.) FORM No. 50. \ T o 'Amitttl Ytn-ntlnti />'/// itl(tjnnrnt I'rrmit for Children between 15 and 16 Years of Aye. Tnder Section lo. Act No. 2S.1. Public Acts 1909, as amended by Act 220, Public I'.Hl : Act 2.V.. Public Acts 1!H."i. and Act 280, Public Acts 1917. On termination of the employment of the child the employer must forthwith >urrondor this permit to the child. ame of Child eni Home or Residence Street City or Town Date of Mirth Place of I'.irth Description of Child: C..lor of Hair ro|.. r F.ycs Nlri-ht ft in. Wright Ibs. >istinguishing Facial Marks tnre :, ,,f the Public Act^ 1!M>!. a. amended by Act L'.'II. Publi.- 1911. Act 2:..-. Public Acts HUT,, and Act 2M>. Public Actfl 11H7. and that I have examined the above named child and that.... he has reached the normal develop- 294 APPENDIX. men-t of a child of age, and is in sound health and he is physically able to perform the work which he intends to do. /, Therefore, grant hereby to said child permission to be employed during the vacation ending, MONDAY, SEPTEMBER 19 , Saturday day of 19 , Holiday day of 19 Signature Issuing Official. FORM No. 51. Notice to Compel Board to Submit Question of Adoption of Free Text-books. [See section 230.] To the School Board of District No , Township ~of County of , and State of Michigan: We, the undersigned legal voters and taxpayers of said district, request your board to place upon the notice for the annual meeting of said district a notice that the legal voters will be asked to vote upon the question of the adoption of free text- books for said district. Signed : Dated this day of , A. D. 19 (NOTB : This petition must be signed by at least five legal tax-paying electors.) FORM No. 52. Form of Notice Used by Truant Officer Compelling School Boards to Repair Out- houses. [See section 394.] , Mich., 19.... Notice was served on the district board of district No , town- ship of , county of , Michigan, for placing the outhouses in sanitary condition. (boys' or girls') This notice was served on , personally, (by registered mail). The district was given days from the date hereof to do the work. County Truant Officer. FORM No. 53. Notice to Teacher of Notice to Board to Repair OutJi&uses. [See section 394.] , Mich., To the Teacher of District No , Township of County of , Mich. You are hereby notified that a written notice was served on the school board of district No , township of ' county of APPENDIX. 295 Mi -higan, that the outhouse is (are) not in sanitary (boys' or girls') co: dition ami they were given days from the date hereof to do the w< rk. If this is not done you report direct to me. Signed Truant Officer for County. FORM No. 54. Notice to School 'Board for Repair of Outhouses. [See section 394.] , Mich., 19 T the School Board of District No Township of County of Mich. You are hereby notified that the outhouse is (boys' or girls') (; re) not in sanitary condition as required below. You are hereby requested to ir ike it (them) in sanitary condition within days from the date h reof, or I will hire a man to do the same and charge it to the district, as provided ii Act No. 200 of the Public Acts of 1905, as amended. Requirements for sanitary outbuildings (The truant officer should have printed in this space definite instructions as to \\ hat will he acceptable. These should be in detail.) County Truant Officer. FORM No. 55. Form of Bond Furnished by Depository When the Voters or School Board Have Designated a Depository. [See section 71.] KNOW ALL MEN BY THESE PRESENTS : That WC (Name of officers of depository.) is officers of , acting for and in behalf of said (Name of depository.) as depository for the funds of school district n f tli'ii'.sitnry.) L Jo Township of County of nd state of Michigan, and (Name of sur. their sureties, are each held firmly bound unto said district in the amount of to be paid to said district : for the payment of which sum well and truly to be paid 10 said district, we hind ourselves, our heirs, our executors and administrators, . ointly and severally, firmly by these presents. The condition of the above obligation is such that if the officers for and in behalf of the said depository as named aforesaid shall faithfully discharge their duties as Hirers of said depository of said school district's funds and shall well and truly eceive. account for and pay over to the person or persons entitled thereto upon the >roper order thereof, all sums of money which shall come into their hands as officers >f the depository of the funds of said district, and shall on demand of the school listrirt hoard and also at the expiration of the time for which the funds of said listrict are deposited, pay over to the proper officer thereof all moneys remaining 296 APPENDIX. in said depository or for which said depository is holden, then this obligation shall be void, otherwise of full force and virtue. Sealed with our seals and dated this day of A. D., 19 Signed, sealed and delivered in presence of [L. s.] [L. S.] [L. S.] [L. S.] Moderator. ( President. ) We approve the within bond Director. ( Secretary ) . Justification of Sureties on the foregoing Bond. STATE OF MICHIGAN, \ County of / ss. and the sureties, whose names are subscribed to the above bond, being duly sworn, each for himself, says that he is worth the sum specified in said bond, over and above all his debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me, a in and for said county, this day of. A. D., 19 My commission expires FORM No. 56. Transportation Contract. [See section 45.] THIS AGREEMENT entered into this day between the school board of the of , in the county of and state of Michigan, party of the first part, and of the of , in the county of and state of Michigan, party of the second part, WITNESSETH : 1. That the said party of the second part for and in consideration of the sum of dollars to be well and truly paid to him by the party of the first part as is hereinafter set forth, agrees to transport such pupils, not to exceed in number , as shall be designated by the party of the first part, living, along or adjacent to the route hereinafter described to and from the places hereinafter specified, every day the public school shall be in session from the tirst day of July, 19. . . . , to the thirtieth day of June, 19 2. Said party of the second part agrees to furnish a good H (Describe vehicle) APPENIUX. 297 to 1 3 approved by the party of the first part, with sufficient seating capacity to ace 1 mmodate, without crowding pupils, unless such vehicle 1 sha I lie provided by the party of the first part. 3 Said party of the second part agree* to provide all robes and blankets neces- sar. to keep the pupils comfortably warm while being transported. i The party of the second part agrees that the vehicle, if furnished by him, shfl 1 have a proper top, and shall have curtains or other means by which the sides anc ends may be closed on cold or stormy days, but so arranged that he shall have at 11 times an unobstructed view of the inside of the vehicle. f> If a vehicle other than an automobile is used, the party of the second part agi >es to furnish a good team of horse> to haul said vehicle, said team to be gentle an< kind and not afraid of automobiles or car-. The party of the second part agrees that he, or the person driving the vehicle, wb . shall be approved by the party of the first part, shall absolutely abstain from th( use of tobacco and intoxicating liquors and from the use of profane or improper la i ;uage; to use every care and precaution for the protection of the pupils while in iis care; to treat said pupils kindly and impartially and to report to the teacher tlu name of any pupil who refuses to obey him, or who shall be guilty of improper coi luct or the use of profane or improper language. The party of the second part agrees to transport said pupils over the following roi te : Beginning at th( ace to the ................................................................. public scl ool, returning by the same route. . The j tarty of the second part agrees to cause said vehicle to arrive at said I>n die school not earlier than ............ o'clock and not later than .............. o'( ock in the morning and be ready to leave said school promptly at the close of the af ernooii >-ssii.u on each and every day said school is in session. ). The party of the second part agrees that no persons, other than said pupils. ex -ep! teachers employed by the party of the first part, and no freight whatever. sh ill he carried while the pupils are being trail-ported, and said party further agrees tint if the vehicle is furnished by the party of the first parr, said vehicle shall not be used for any purpose other than the transportation of said pupils and teachers, ex -ept with the permission, in writing, of the party of the first part, and under such CO iditinn* as said party of the first part may prescribe. lo. The party of the first part agree* that if the party of the second part shall well and truly perform ihe service required by this agreement that it will pay or c;i use to be paid to the party of the second part said sum of ................ dollars in ten e.|ual monthly installments, the first installment to become due and payable 01. the last day of the month of .................. It is understood and agreed by the parties hereto that this agreement shall be w thout force or effect until it shall have been approved by the county commissioner of schools of the county of .................... In WITM-SS WMKKI-.UF the party of the second part has hereunto set his hand and ( al and the party of the first part has caused the same to be signed by the school ard of said district. Contractor. gued. -ealed and deli\ it presence of (I-. s.) [I- s.l ft Member* of the Board. 298 APPENDIX. FORM No. 57. Bond Given to School Board try Contractor Before Performance of Contract. [See sections 587, 588, 589, 590.] KNOW ALL MEN BY THESE PRESENTS, That W6 Of the city of county of and state of Michigan, Principal, and surety, are held and firmly bound unto the school board of district No , town- ship of county of , and state of Michigan, in the sum of lawful money of the United States, for the payment of which, well and truly to be made to the school board of district No , township of , county of and state of Michigan, we bind ourselves, our heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of A. D. 19.... THE CONDITION OF THE ABOVE OBLIGATION is SUCH, That whereas the said have entered into a certain contract, hereto attached, with the Michigan state board of education, bearing date of the day of A. D. 19 Now if the said shall well and truly fulfill all the covenants of said contract and shall perform all the undertakings therein stipulated by them to be performed and shall well and truly comply with and fulfill all the work and furnish all the labor and materials required by any and all changes in or additions to said contract which may hereafter be made, and shall fulfill all the guarantees contained in said contract, and shall per- form all the undertakings stipulated by them to be performed in any and all such changes in or additions hereto, notice thereof to said sureties being hereby waived, and shall pay all legitimate claims for damages arising out of accident or injury to persons or property which may occur in connection with the execution of the work contemplated in said contract, then this obligation is to be void, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, The said principal, and surety, have hereunto subscribed their names and affixed their seals the day and year first above written. [L. s.] Principal. [L. s.] Surety. Signed, sealed and delivered in presence of (NOTE : The contractor must give two bonds, one running to the state and the other to the school board. Both bonds must be filed with the school board.) FORM No. 58. Bond Running to the State. [See sections 587, 588, 589, 590.] KNOW ALL MEN BY THESE PRESENTS, That WC, of the city of , county of and state of Michigan, principal, and surety, are held and firmly bound until the people of the state of Michigan in the sum of lawful money of the United States for the payment of which, well and truly to be made, we bind ourselves, our APPENDIX. 299 hei *s, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ;- ealed with our seals and dated this day of A. D. 19 'HE CONDITION OF THE ABOVE OBLIGATION is SUCH, That whereas the said have entered into a certain contract, hereto ati iched, with the school board of district No , township of co nty of , and state of Michigan, bearing date of the day of A. D. 19 , to furnish all materials. to Is, machinery, and labor in strict accordance to and with the plans, drawings, sp cifications, conditions, etc., on file with the superintendent of public instruction an 1 approved by him. VHEREAS, The above named surety by this instrument guarantees that the said pi ncipal, his agents and all sub-contractors, shall fully pay, discharge and liquidate tl claims, accounts and indebtedness of the said principal, his agents and all sub- c-( itractors, for or on account of all labor performed and materials furnished in ful- fi ing the said contract and performing the several conditions as the same may b< 2ome due and payable. Now, THEREFORE, The condition of this obligation is such that if the said principal, h s agents and all sub-contractors, shall fully pay, discharge, and liquidate all c lims, accounts and indebtedness of the said principal, his agents, and all snb-con- ti ictors, for or on account of all labor performed or materials furnished in ful- fi ling said contract and performing the several conditions as the same may become d le and payable, then this obligation shall become void, otherwise to remain in full f rce and effect. IN WITNESS WHEREOF, the said principal, and surety, have hereunto subscribed their D imes and affixed their seals the day and year first above written. [L. s.] Principal. [L. s.] Surety. signed, sealed and delivered ii the presence of FORM No. 59. Organization of Township School Districts in the Upper Peninsula. [See sections 320-335.] (NOTE: These forms apply to townships of the upper peninsula and cannot be used in the lower peninsula.) Form of Petition filed with Township Clerk. To the Township Board of Township, County, Michigan : \\ '-. the undersigned legal school electors of said township, petition the township board of said township to proceed to organize a township district as provided under Act No. 176, Public Acts of 1891. as amended. Signatures: (Nor: This petition may be signed by any person who can vote upon any question at a school meeting.) 300 APPENDIX. FORM No. 60. Form of Notice to County Clerk. [See sections 320-335.] To the County Clerk of County, Michigan: We herewith file with you a copy of a petition signed by a majority of the legal school electors of the township of , county of Michigan, praying for the formation of a township school district in said township. At a meeting of the township board of said township on the day of A. D. 19 , at the of said township, the list of names (Tell place.) on the petition was compared with names appearing on the list of registered school electors of said township and it was found that a majority of the school electors of said township had signed the petition for the organization of a township school dis- trict under Act No. 176 of Public Acts of 1891, as amended. Attached hereto is a copy of their petition with the names of the legal voters as they appeared on said petition. We certify that the same is a true copy of said peti- tion and names on file in the office of the township clerk of said township. Supervisor. Clerk. Township board. Justice. Justice. , jf the above addressed to the oountv pnTmnisisinnpr nf sphnnii be filed in his office.) (NOTE : A copy of the above addressed to the county commissioner of schools must also ffic FORM No. 61. Form of Notice of Township Board of Election of Trustees. [See sections 320-335.] To the School Electors of Township, County, Michigan: You are hereby notified that a majority of the school electors of township, county, Michigan, have filed with the township clerk of said township, a petition for the organization of a township school district under Act No. 176,- Public Acts of 1891, as amended. A meeting of the legal voters of saicl township will be held at the (This must be held where the township meetings are held . on July , 19 , the same being the second Monday of July, at three o'clock p. m. for the purpose of electing, by ballot, five trustees, one for tho term of one year, two for the term of two years, and two for the term of three years. and for the transaction of such other business as may lawfully come before the meeting. Township Clerk. APPENDIX. FORM No. 62. For i of Notice used to call Special M< < tiny of a Rural Xr/iW District to vote upon tjm-xlioH, of Orga, Hural .\ of ...................... , 19...., at ........ o'clock. . . .111.. for the purp"^ i r of oting on the question of .consolidating the territory of said district with that of f otii r contiguous school districts in order that a rural agriculural school may be jf orp nixed as provided in Act 226, Public Acts of 1IH7, as amended. 1 ae voting on said question of consolidaiion for the purpose of organizing a rural agi cultural school as provided in Act L'L't;. Publ> Act< of I'.UT. as amended, will be | by oallot, and the polls will open at ...... o'clock .... in., and remain open hoi rs on the date herein named for the special meeting of said district. I ated this .............. day of .............. , 19 ____ Signed ................................... I Director. FORM No. 63. county Commissioner of Schools of Organ iz rtify that school district No ................... , of the township of ........................... , county of ......................... , and state of Mi -higan. at a meeting of the legal school electors of said district held on the ........... day of ........................ A. D. 19 ---- , voted in favor of con- so Mating the territory of >aid di-tricl with that of other contiguous rural school dMricts. as provided in Act HLM; of the Public Acts of 1917, as amended. The total number of votes cast were .............. of which ............. were in favor of con- so idation and ............... against consolidation. There were ............ blank ballets. Dated this .............. day of .............. , A. D. 19 ____ School board, i M<>. U. . Secretary. President. FOBM No. 66. Form of Sclwol District [See section 90.] United States of America State of Michigan County of Nu ober $ School District Number , Township of School House Bonds 19 ] INOW ALL MEN BY THESE PRESENTS, That district No of the to\ nship of , county of , and state of Mi -higan, acknowledges itself to owe, and for value received, promises to pay to th< bearer the sum of dollars, on the da. of , A. D. 19 , with interest thereon from the day of , A. D. 19 , at the rate of pe) centum per annum, payable on the day of v in each ye; r as evidenced by the coupons hereto attached, until principal sum is paid. Pr ncipal and interest payable in lawful money of the UNITED STATES OF AMERICA, at , Michigan. ' Phis bond is one of a series of (Tell number of bonds issued.) of each, dated this day of (Tell amount of each bond.) A. D. 19. . . . , and numbered from one to (Tell No. of last bond.) inclusive, aggregating in amount one payable the day of , A. D. 19 , for one payable the day of , A. D. 19. . . ., for one payable the day of , A. D. 19 for one payable the day of , A. D. 19.. . ., for one payable the day of , A. D. 19 , for issued by school district No , of the township of county of and state of Michigan, for the purpoM' of hi ilding and furnishing a schoolhouse in said district, under authority of the general laws of the state of Michigan, and pursuant to the action of the legal voters at a , meeting of said district held on the day of (Special or Annual.) , A. D. 19.... AND IT is HEBEBY CERTIFIED AND RECITED. That all acts, conditions and things -essary to he done precedent to and the issuing of these bonds in order to make them legal, binding and valid obligations of said district No of township county, Michigan, have been done, happened and performed in regular and due form as required by law ; that the faith, credit and revenues of said district No are hereby pledged for the prompt payment of the principal and interest hereof at maturity, and that no limitation, either constitutional or statutory of indebtedness or taxation has been exceeded in the issuing hereof. IN WITNESS WHEREOF, Said district No has caused these presents to be I 304 APPENDIX. signed by its school board this day of in the year. School board of above named district. Moderator. ( President. ) Director. ( Secretary. ) Treasure^' Trustee. Trustee. Coupon No. Bond No . . 19 $ (Year coupon is payable.) Schoolhouse bond of district No , township of county of , Michigan. School district No of township, county, Michigan, will pay to the bearer dollars on the day of , A. D. 19 , for months of interest on its bond number , dated the day of , A. D. 19 School board of above named district. Moderator. ( President. ) Director. ( Secretary. ) Treasurer. Trustee. Trustee. (NOTE: The number of times interest is to be paid will determine the number of coupons to be attached to each bond.) INDEX. INDEX. The references are to compiler's sections. A. A< ADEMIBS AND INCORPORATED EDUCATIONAL INSTITUTIONS : vith whom to file certain reports 268 A CEPTANCE OF OFFICE: icglect to file, vacates office ertain, filed with and recorded by director 50, 121, 322 >enalty for failure of district officer to file 140 V r^OTTNT^Qj school district, superintendent of public instruction to audit, etc 19 lirector to keep, of expenses 66, 122 >f members of board of school examiners, with whom filed 285 A ir PTON against school districts, how brought, etc 95-101 relative to obtaining schoolhouse site 102-1K certain, to be commenced by president township board of education etc., by board of education in certain cities validated 533 to school building, when approved by superintendent of public instruction 598-600 A DJOURNMENTS : of district meetings of proceedings to obtain schoolhouse site 112 A3MISSION OF PUPILS: resident " non-resident to high schools to kindergarten to normal school * 54 A DULT BLIND PERSONS : instruction, etc., of 408-406 ADVANCED COURSES OF STUDY: authorized in certain school districts at which children may attend school 252, 320 at which education is compulsory 387 A GENTS FOR SCHOOL BOOKS, ETC. : officers, teachers, etc., not to act as 145, 286 t GRICULTURAL COLLEGE : Michigan, superintendent of public instruction to supervise instruction in co-operative work with, by counties president of, member of board of control for vocational training 570 AGRICULTURAL EXTENSION WORK: assenting to grant of moneys from U. S. for 568-77 AGRICULTURAL SCHOOL: examinations for admission to rural, act providing for establishment of 545-0:* division of, into classes 46 AGRICULTURAL SITES : board of education may acquire "34 AGRICULTURE, COUNTY SCHOOLS OF: (See county schools of agriculture.) ALCOHOLIC DRINKS : text-books considering nature nnd effects of, how approv- ALIENS : not eligible to office ALMSHOUSES: children in. not included in census ALTERATION: in boundaries of districts of schoolhouse sites in boundaries of graded school districts of boundaries of township school districts "AMERICA" : applicant for eighth grade diploma to memorize ANNEXED TERRITORY : union of school district in, to other district 308 INDEX. The references are to compiler's sections. ANNUAL ELECTION : of trustees in cities of fourth class 592-93 ANNUAL MEETING : (See district meetings.) ANNUAL REPOHI : (See report. 'I ANNUAL SCHOOL ELECTION : in districts of third class, when held 349 notice of. how and when given 355 ANNUITY : when school teacher entitled to 431 ANNULMENT OF CERTIFICATES : by state board of education 270, 452-53, 461 by county board of school examiners 283 APPARATUS : tax may be voted for purchase of 45 APPEAL : how made from decision of township b.mrd 117-19 APPENDAGES TO SCIIOOLHOUSE : tax may be voted to provide : 45 to be provided by director 66 APPLICATION : for use of schoolhouse, etc., as recreation center 631 APPOINTMENT : deputy and assistant superintendent of public instruction 20 of building committee, for schoolhouse site 45 duties of 45 clerk of district meeting in director's absence 45, 323 district officers in case of vacancy person to take school census 67, 327 district trustees in case of vacancy 121, 324 member of board of school examiners in case of vacancy 277 county commissioner of schools in case of vacancy conductor of teachers' institute 385 of truant officers 393 APPORTIONMENT : of property on division of district 11, 37-38, 383 of primary school interest fund 22-24 by township clerk of moneys to districts of moneys raised by taxes township treasurer's duties relative to of one-mill tax 78 on division of districts, of moneys 83, 335 division of district, of tax assessed before, and collected after in fractional districts, of moneys collected of library moneys 134, 136 APPRAISAL : of school property, when township board of education to make 318 APPROPRIATION : under act for establishment of rural agricultural schools of sum equal to allotment of federal moneys for vocational education 568 APPROVED LIST : schools placed upon, not to exceed two in county 544 ART TEACHER : act to define qualifications of 254-56 ASSESSMENT OF TAXES : (See taxes.) ASSESSOR : (See, treasurer.) ASSISTANT SUPERINTENDENT OF PUBLIC INSTRUCTION : appointment, duties and salary of '. 20 superintendent of public instruction may employ, for instruction, etc., of adult blind persons 405 ASSOCIATIONS : teachers may form. . .- 421-23 ASSOCIATIONS FOR ESTABLISHING LOAN FUNDS : number that may incorporate articles of association, what to contain classification of members J '. . . . 486 funds of, how used 487 election of officers, when held 488 ASSUMPSIT : against school district, justice of peace to have jurisdiction 95 ASYLUMS : children in, not included in census 67 ATHLETIC FIELDS : board of education may acquire land for 534 ATTACHMENT : to enforce attendance at certain proceedings 106 ATTORNEY GENERAL: to approve text-book dealer's bond 236 when to prosecute text-book dealer's bond 239 INDEX. 309 The references are to compiler's sections. AUI TOR GENERAL: w: en, to reimburse district maintaining county normal training classes 521 to transmit statement to legislature of state aid furnished rural agricultural schools 563 ai ounts due for vocational education certified to 574 B. BA1 ^OT: f in of, mi question of bond issue for free public libraries in question of registration of electors in certain city school districts n question of disbanding township school district L".c. 'or election relative to organization of township district 294 "or election scho oi district, third class, who to prepare arrangement of names on 357 ^ submission of question to classify certain school districts 365 used at special election to decide question of rural high schools 499 it district election for bonding 307 el ctlon of officers to be by 46, 90, 122, 321 s< 100! election, party emblems not to be placed upon 221 BA1 ROOM : c ildren not permitted in 416 BIT .IARDS: c ildren not permitted where, are played 416 BL. NK FORMS : f r school proceedings, see appendix. BL: VD BABIES : a t to provide for care and maintenance of 407-11 BL \D CHILDREN : c mpulsory education of 401-2 t ansportation of Indigent, or parents of 402 t uant officer to investigate and report 402 BL ND, MICHIGAN SCHOOL FOR THE: ( iee Michigan school for the blind.) BO ,RD OF APPEALS : T ho to constitute, in appeals from township board 117 BO vRD OF CONTROL : f r vocational education, who to compose. . 570 BO *.RD OF COUNTY AUDITORS : c -rtain expenses audited by 285 BO VRD OF EDUCATION : v hen, may borrow money to pay teachers' wages t > report taxes voted t > make annual census 67 T hen to make triplicate reports to superintendent of public instruction t > estimate amount necessary for sites, etc 90 n uthorized to impose tax to pay school expenses, etc e jrvice of process against school district made upon president of 96 t > apply for jury in suit to obtain sites 103 I i graded school districts, election and powers and duties of 120-22 t ) have charge of library 126 r port of, relative to libraries 133-34 r my sell library books 138 t > provide for, for certain cities 164-66 < lection of, in newly organized city school district first meeting, of, when held 171 to be body corporate 178 ( ivision by, of city district into precincts 207-15 may divide city school districts into election precincts 216-24 1o name members board of registration, etc < andidates for, nominated by petition report to, of violations of text-book act qualifications of certain teachers, may hire o establish optional course of military training ownship, powers and privileges 294, 303 secretary, relative to books, etc., of district -04 who to constitute, term of office, etc when to meet, officers, etc 301 to establish, etc., library 303 when, may borrow money 303 president of, duties 304 treasurer of, duties when to present estimate of money needed 307 statement of, relative to schools '! powers of, relative to text-books not to act as agents of publishers 314 when may commence action t.. set aside certain order of superintendent of public instruction 599 powers of, in cities of 250,000 367-81 authority of, to change city districts 336 to certify amount to be raised f-.r schools in city districts :-''. school district of third class, number of members, etc 348 may call special elections 350 nomination of members, how made 356 canvass of election returns by 358 310 INDEX. The references are to compiler's sections. BOARD OF EDUCATION. Con. secretary of, duty in election ............................................. powers and duties of .................................................... when may appoint truant officers .......................................... to furnish superintendent with census list .................................... 394 duty of, relative to fraternities, etc ......................................... 419 authority of, to provide for free public libraries .............................. 147-48 in graded, etc., school districts to engage instructors in physical education ....... 476 of certain school districts authorized to establish advanced courses of study ..... 481 to vote tax for payment of tuition and transportation of pupils ................. 508, 512 when, to furnish text-books free to certain children ........................... in certain cities may vote to establish county normal training class ............. when may select member of county normal board. . . .......................... 518 to estimate cost of maintaining county normal training classes ................. 521 when county clerk to draw order in favor of, for county normal training classes. . 522 in certain cities, may control, etc., college of medicine and surgery .............. 526-32 certain actions, etc., by, validated ......................................... act authorizing, to acquire lands for school, etc., sites ......................... when, may establish day schools for the deaf ................................. 535 of consolidated rural school district, election of ............................... 548 of consolidated school district, election of .................................. term of office of members of .............................................. funds of districts turned over to .......................................... report of, relative to vocational education .................................... 577 in cities of fourth class, of whom to consist, election, etc ....................... 592-95 one member of, to act as election inspector for election of trustees ............... 594 (See state board of education.) BOARD OF INSPECTORS : at election to vote on issuance of bonds, who to constitute ..................... at election of school trustees, powers, duties, etc ............................. 594-95 to make poll list of voters at election of trustees .......... ..................... 595 BOARD OF INSTRUCTION : of state normal school, may grant certificates ............................... 452-53 BOARD OF LIBRARY COMMISSIONERS : (See state board of library commissioners.) BOARD OF REGISTRATION : in school district of third class, who to be .............................. - ..... 353 BOARD OF SCHOOL EXAMINERS : (See county board of school examiners.) BOARD OF SUPERVISORS : may establish free public library ............................................ 160 to appoint members of board of ................ . .......................... 161 certain school expenses audited by ...................................... .... to fill vacancy in office of county commissioner of schools ...................... to vote on establishment of county normal training classes ..................... 517 amount to appropriate for ............................................... 521 appropriation of money by, county schools of agriculture, manual training and domestic science ..................................................... 535 to elect members of county school board ..... ................................. when may co-operate with agricultural college ............................... 565 BOARD OF TRUSTEES : of graded school districts, election and term of office of ....................... 120 officers of, how elected, etc ............................................... 121 vacancy in office of, how filled ........................... . ................ 121 powers and duties of .................................................... 122, 253 consent of, to be obtained in alteration of district ............................. 123 of village, when to issue bonds for free public libraries ......................... 149 to establish optional course of military training ............................... 259 financial statement of district to be published by .............................. 262 penalty for neglect of duties ................................................ 263 of township school district, term of office, etc ....................... . ......... 297 in cities, proceedings in changing boundaries of districts ...................... 336 of city districts, proceedings relative to change in ............................ 336 of rural high schools, when and how elected .................................. 500 term of office ................................. . ......................... 500 meetings of, when held .................................................. 501 special, how called .................................................... 501- powers of ............................................................. 501 salary and duties of secretary of ............................................ 502 election of, in cities of fourth class ........................................ 593 of consolidated rural school districts, election of, etc .......................... 548 may establish day schools for the deaf. . ................ 581-86 BOARDS : authorized to examine teachers, to collect fees ................................ 382 BONDED INDEBTEDNESS : tax to pay in terest on, certain districts ............................ 94 of treasurer, by whom approved and where filed ............................... 71 majority vote required to raise money and issue, in school districts .............. 90 limitations as to amount and time to run .................................. 90 tax may be voted to redeem ............................................... 92 how may be paid ......................................................... 93 liability of county treasurer on ............................................. 109 on appeal from decision of township board ................................... 118 - INDEX. 311 The references are to compiler's sections. of treasurer of board of education in graded school districts 121 to /nships, etc., authorized to issue, for free public libraries 149 B< .ool districts, etc., may issue, for public libraries 155-59 Is ue of, in city school districts, purposes 183 to be filed by text-book dealer 236 aj jroval and renewal of v, en may be declared forfeited c mty commissioner of schools to file 278 of treasurer of township school district 306 v? en township school district may issue 307 . tr asurer of township board of education to give 01 truant officer, amount, wh'rt> filed, etc 393 ai iount of, of treasurer of state board of education 457 f< maintenance of free public libraries in cities 148 oi contractor to secure payment of sub-contractor 587 recovery to be had on 590 e emption of school, from taxation 603 a iount of, school districts may issue 604 s hool districts in certain cities may issue, for improvements 605-14 BO' KS: Y 10 to adopt, for rural high schools 501 (See record books, library books and text-books.) BO ^NDARIES: r. itice of formation of school districts to contain v aen township board may alter, of school districts v ho to cause map made showing, of school districts 73 where filed c -nsent of trustees necessary to change, of graded school districts v hen township board may divide or change, of primary school district I *ocedure on change of, of township school district 335 c ' school district in city of 250,000 369 BO CING CONTESTS : < ;rtain percentage of receipts from, credited to school fund BR INCHES : < ' study to be given in the public schools BU 3GET : i anual, of school district in cities of 250,000. how prepared of school district in certain cities, what to include BUILDING COMMITTEE: ^ oters may appoint, for schoolhouse and prescribe duties BU [LDING FUND : A -hat deemed, how used, etc BUILDINGS: i ural agricultural school, to be community centers approval of plans for fchool, superintendent of public instruction may condemn, etc 598-600 BU REAU OP INFORMATION : establishment of, in office of superintendent of public instruction BUSINESS MANAGER: ia city school district, election of. etc 185 C. CA NVASS : < -f votes at school elections of votes in school district of third class, by precincts.. . : of votes at election of school trustees 596 CA RDS : hildren not permitted where, are played 399 CA RLETON DAY : observance of. in public schools 267 CINSUS OP SCHOOL DISTRICTS: when and how taken 67. 30'i, 31 7. penalty for false information to enumerators of 68 when enumerators of, guilty of niisd.'im'an.T :ity school districts, who to provide for list of, to be furnished teachers... W4 list of blind child n-n 402 CUNTRAL MICHIGAN NORMAL SCHOOL: act to establish 465-66 rtaiii department to be maintained at.. ' s - C1JRTIFICATB: district board to deliver to township clerk, of taxes to be assessed of instruction in physiology, when filed by teacher 60 < "P.v of, to be filed by director with township clerk 6O to supervisor, of taxes to be assessed for school purposes 73, 8<>. of court in proceedings to obtain site, what to contain 107 who may be granted, as kindergarten, music, drawing, domestic science or art teacher i>r, .v. school t.Mchrrs'. granted only to citizens of U. S.. 276 when granted, renewals, etc 281 when ceri.'iin tea, hers', to he filed with commissioner of Mhoo'li! ..'...'! .' .' .' .' .' .' .' '. '. 464 of teachers in home economics in rural agricultural Mb* : 554 endorsement of . . . > 554 312 INDEX. The references are to compiler's sections. CERTIFICATES OF GRADUATION: from county normal training classes, who to grant 519 CERTIFICATES OF QUALIFICATION TO TEACHERS : non-possession of, makes contract invalid regents of university may grant certain 269 two regular examinations for, each year 280 county commissioner to sign, etc 284 when board of school examiners may renew, without examinations 281 how must be signed 281 different grades of requisite qualifications to obtain when, may be suspended or revoked 283, 452-53, 461 list of teachers having, to be furnished township clerk record of, to be kept by county commissioner of schools fee to be paid on obtaining 382 when granted to pupils of normal school state board of education may issue 461 to issue, in normal schools of county normal training classes, what to qualify 520 how may be renewed 520 CHAIRMAN : duties of, first meeting of district 27 of district meeting, to give oath to challenged voter.: may arrest disorderly persons may be appointed in absence of moderator penalty for neglect of, of first meeting of district to perform duties 139 CHALLENGE : of voter at district meetings 43, 299 of juror in proceedings to obtain site 106 CHARITABLE INSTITUTIONS : constitutional provisions relative to 17 CHILDREN : payment of tuition of certain when census list of school, to be taken 67, 327 compulsory education of 392-97 duties of police ofllcers relative to certain 393-97 not permitted in saloons, gambling houses, etc employment of 417 how admitted to rural high schools 501 of indigent parents, when unable to attend school 513-16 (See pupils.) CHIPPEWA COUNTY: proviso as to election of county commissioner in 278 CHRISTMAS : observance of by public schools 265 CIRCUIT tlL of teach 314 INDEX. The references are to compiler's sections. CORPORATE POWERS. Con. of state board of education 447 of associations for establishing loan funds.. 484 COUNTY : when more than one, contributes to support of school to be placed on approved list 544 authorizing to operate systems, of public recreation and play grounds. . 627-30 COUNTY BOARD OF SCHOOL EXAMINERS : election and term of office of 277 vacancies in, how filled 277, 287 schedule of meetings for special examinations to be published. , 280 may hold special meetings 280 meetings of, for examination of teachers 280 to whom may grant certificates 281 grades of certificates issued by 282 may suspend or revoke certificates 283 compensation and expenses of members of 285 when officers in certain districts may examine teachers ; what schools exempt from supervision of 288 (See county commissioner of schools.) COUNTY CLERK : notice to, relative to primary school fund apportionment to receive and dispose of communications of state superintendent apportionment of moneys, duties of, relative to 88, 135 duties of, relative to reports 88, 142, 326 duties in proceedings to obtain site 110-11 election of school examiners, duties of, relative to 277 duties of, relative to election of county commissioner of schools 278 copy of election returns school district of third class, filed with to draw order on county treasury for institute moneys bond of truant officer filed with 393 duties of, relative to distribution of laws, etc 494-95 when to draw order for county normal training classes 522 COUNTY COMMISSIONER OF SCHOOLS : may be removed for lack of qualifications to send blanks and list of qualified teachers to township clerk and board of edu- cation triplicate reports of township clerks made to to be member of board of appeals to be member of county library board to be notified of violations of school text-book law when and how elected to file bond and acceptance of office term of office election of, in Chippewa and Lake counties who eligible to office of to hold certain examinations to prepare schedule for examinations may renew certificates certificates to be signed by 281 may grant special certificates 282 powers and duties of 284 to keep record of examinations 284 to counsel with teachers 284 what annual reports, to receive 284 to receive institute fees to receive instructions from superintendent of public instruction 284 who, to furnish list of teachers 284 duties relative to visiting schools 284 to make annual report to superintendent of public instruction 284 compensation of, how paid, etc 285 expenses audited by board of supervisors 285 not to act as agent for school books, etc 286 vacancy in office of, how filled 287 duties of, relative to examination of candidates for agricultural college 289-90 to call meeting of school officers of county . 291, 293 annual report of township school districts to be made to 305 to appoint truant officer 393 to furnish truant officer with list of teachers 395 when, to issue work permits to children 417 persons desiring to teach to file certificate with 464 duties of, relative to distribution of laws, etc 494 librarians to make annual report to 506 to whom, to transmit lists of libraries 507 to be member of county normal board 518 duty of, as to funds for county normal training classes 522 to be member of county school board 538 notice to, when in favor of establishing rural agricultural schools 548 COUNTY INSTITUTES : (See teachers' institutes.) COUNTY LIBRARIES : act to authorize creation of 160 COUNTY NORMAL BOARD : how constituted, duties, etc 518-19 may renew certificates 520 C JUNTY NORMJ INDEX. 315 The references are to compiler's sections. ?Y NORMAL FUND : how constituted, etc 521 ( )UNTY NORMAL TRAINING CLASSES : superintendent of public instruction to direct supervision of 19 how established, managed, maintained, etc 517-23 ( )UNTY SCHOOL BOARDS : establishment of 536 organization of 537 apportionment of expenses 538 treasurer of 539 ( 3UNTY SCHOOLS OF AGRICULTURE : establishment of 535-44 apportionment of expenses of 638 Instruction given in 540 < OUNTY SCHOOLS OF DOMESTIC ECONOMY : establishment of C35-44 < OUNTY SCHOOLS OF MANUAL TRAINING : establishment of 635-44 OUNTY TREASURER : statements of apportionment filed with 88, 135 to apply to state treasurer for certain moneys so township moneys to be paid township treasurer by 89 to whom, to give notice of apportionment of school moneys 89 liability of, on bond 109 money for schoolhouse site deposited with 109, 114 apportionment of library moneys to be made by 136 to set apart institute fees as institute fund 383 vouchers for payment at teachers' institutes to be filed with. titute fun< teachers' institute fund to be paid by, on order of clerk 517 when county clerk to draw order on, for county normal training classes 522 ex-offlcio treasurer of county school board 539 :OUNTY TRUANT OFFICER : when, to act in district or township 393 to inspect outhouses in primary districts 394 JOURSE OF STUDY : superintendent of public instruction to prepare and print who to prescribe for schools 60, 122 advanced, authorized in certain school districts 481 state board of education to prescribe for normal schools 482 who may prepare and publish certain who to provide for rural high schools by whom approved 501 for county normal training classes 619 in public institutions, approval of 625 CRIMES AND OFFENSES : i See penalty.) CURRICULUM : normal school, to contain course in physical training D. DAMAGES : who to prescribe penalty for, to library books. . to be collected from certain officers for neglect of duties DANCE HOUSES: children not permitted in DAY SCHOOLS FOR THE DEAF : shall be established 581 r to report to superintendent of public instruction * Q Si duties of state treasurer in regard to Re* system to be used in who may attertd DEAF CHILDREN : compulsory education of d o- DECLARATION OF INDEPENDENCE: to be read to certain pupils on certain holidays DEED : for schoolhouse site to be obtained before building DEFICIENCY : in teachers' wages fund, how provided for 22 DELINQUENT CHILDRi: punishment of persons responsible for 415 DELIVERY OF P.OOKS. ETC., TO SUCCESSOR IN OUI 1 by superintendent of public instruction by district officers 66, 71 DEPOSITORY : _, of school funds, when designated DEPOSITS : of school funds, when made, etc 71 DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION: appointment and duties of DEVISES: . _ school districts may accept o^*-^o DIPLOMAS: M -, . a of graduates of state normal school *o^-0d, *s^ 316 INDEX. The references are to compiler's sections. DIRECTOR : notice of first meeting to be recorded by 27 to keep records relative to organization of district to be notified of alterations of district 36 appointment of clerk in absence of 45 election and term of office of . 4Q 121 321 appointment of, in case of vacancy 48 acceptance of office of, where and by whom filed ! 50 121 to be member of district board register of school to be furnished to 58 to have custody of schoolhouse, etc 59 to file certificate of instruction in physiology with township clerk 60 to draw and sign warrants, orders, etc 66 to give notice of meetings 66 account of expenses to be kept by 66 schoolhouse to be kept in repair by 66 to provide appendages for schoolhouse 66 to present estimates at annual meetings 66 accounts of, how kept, audited, etc 66 122 to be clerk of district 66, 323 compensation of, for taking school census 67 census list to be filed with township clerk by 67 annual school census to be taken by 67 reports of, to be filed with township clerk 69 of fractional district, to whom to report 70 and moderator to approve bond of treasurer :....' 71 to be notified of apportionment of school moneys 76 and moderator to certify payments to supervisor 79 at election to issue bonds, to be member of board of inspectors 90 and moderator to execute bonds of district 91 service of process against school district made upon 96 treasurer to certify to. judgment against district 98 to be notified of site fixed by township board ]02 penalty for neglect to accept office or perform duties 140 to attend meeting of county school officers 292 compensation 292 to be taken into custody 44 juvenile, who to constitute 397 DISTRICT BOARD: when superintendent of public instruction to remove members of, from office 19 when, may borrow money for payment of teachers' wages to call meetings of district 40 school to be provided by 45 how, may determine certain matters, when meetings fail 45, 328 election and term of office of 46, 120, 321 vacancy in, what to occasion 47 how filled 48, 121, 316 illegal for members of, to act as publishers' agent 49 who eligible to office on 49 acceptance of office by members 50, 121, 322 who to constitute 51, 120, 321 certain books, blanks, etc., to be purchased by 52 when may sell certain property of district 53 site for schoolhouse to be leased or purchased by 53, 327 to estimate amount for support of schools 54 when may borrow money on strength of voted tax 54 to report taxes to be assessed 55 accounting of moneys by 56 not to pay money to unqualified teachers 50 to make statement of finances at annual meeting r>7. 3.">1 teachers to be hired by 58, 122 to provide for water supply 59 when to exclude public meetings from schoolhouse 59 to have care of schoolhouse and property 59 to provide for instruction in physiology 60 to prescribe text-books and courses of study 60 to purchase books for indigent pupils 61 may suspend or expel disorderly pupils 62 to establish rules, etc., for school 62, 327 to classify pupils 63, 122 may admit non-resident pupils to school 64 rates of tuition for, how fixed 64 director to be clerk of 66, 323 to appoint persons to take school census 67, 327 when to provide for deposit of moneys 71 to estimate amount necessary for sites and buildings 90 when may issue bonds 91 to apply for jury in suit to obtain site 103 to be trustees in graded school districts 120, 123 district library to be managed by 132, 327 INDEX. 317 The references are to compiler's sections. D STRICT BOARD. Con. report of. relative to libraries 133-34 nay donate or soil books to township library 138 iindergarton to bo provided by 250-53 ciualih'cations of certain teachers, may hire 255 financial statement of the district to be published by 262 United States flag to be provided by 264 to be trustees in township school districts 321 when, to pay tuition of pupils 510-12 duties of, as to teachers, etc., for county normal trainin-.: 521 when day schools for deaf may be provided by 581-86 When may commence action to set aside certain order of superintendent of public instruction 599 (See district officers.) I [STRICT LIBRARIES : (See libraries, i I [STRICT MEETINGS: notice of, on formation of new district 27, 320 when annual, to be held 39, 323 when special, may be called 40 notice of, to indicate the business 40 notice of. what to specify 40-41 who eligible voters at 42 relative to challenging voters at 43 penalty for disorderly conduct at 44 to give directions regarding suits 45 to direct sale of property 45 powers of annual 45, 122 when clerk and chairman may be appointed at 45, 323 what board to determine in case of failure .,f certain 45, 328 limit of taxes that may be voted at 45, 328 officers to be elected at 46, 120, 321 to fill vacancy in district office 48 tax for sen-ices of officers to be voted at 64 board to make financial statement to annual 57 to determine uses of schoolhouse 59 moderator to preside at 65 director to give notice of 66 may vote on issuance of bonds 90 may vote tax to pay money borrowed 92 voters at, may designate site 102 board of education to present estimate for sites, etc., at. . . . 307 HSTRICT OFFICERS: election and term of office of 46, 120, 321 when may be appointed 48, 121, 323 who eligible to election as 49 acceptance of office of 50, 121, 322 amount of tax for service of 54 penalty for neglect to accept office or perform duties 140 to employ legally qualified teachers 288 payment for services of township 814 compensation of 334 (See treasurer, director, moderator and district board.) DISTRICT SCHOdLS: (See schools.) DIVISION : of boundaries of primary school district 190 of township into single school district 2 ( JO DOMESTIC ECONOMY. COUNT1 SCHOOLS OF: establishment of 535-44 appropriation for 535 inst ruction given in 640 DOMESTIC SCIENCE TEAT! act to define qualifications of 254-r>6 DOOi: to open outward 623 DRAWING TEACHERS: act to define qualifications of 254-56 DUPLICATE RECEIPTS: township treasurer to take, for certain moneys 88 E. EDUCATION: constitutional provisions relative to 1-17 EIGHTH GKAI payment of tuition and transportation of pupils 508-9 EIGHTH GliAHE - applicant for, to memorize first verses of "Star Spangled Banner" and "America".. 266 who lepil voters at. in school district 42 when, of district officers held 46, 121, 321 who eligible to, in school district 49 regulations at. to vote on issuance of bonds 90 of hoard of education, city school district, how held 174 conducting of, for consolidation of school districts in incorporated city 201 318 INDEX. The references are to compiler's sections. ELECTION. Con. school district, registration, notice, etc 217-18 party emblem not to be placed upon ballots 221 of members of county board of school examiners 277 of county commissioners in Chippewa, when held, etc 278 relative to organizing township into single school district 294 when called, ballots, etc 294 of trustees of township school district, term, etc 297 township school district, how conducted, etc 298 special, for bonding, ballots, etc 307 city districts, election of officers by joint boards 336 annual school, district of third class, when held 349 for submitting question of rural high schools, where held 499 form of ballot used at 499 submitting question of establishment of schools of agriculture, etc 535 on establishing of rural agricultural schools, when held, who to call, etc 547 of school trustees in cities of fourth class 592-95 ELECTION COMMISSIONERS : in school district of third class who to be 352 to prepare official ballots 357 appointment of, for election of school trustees 593 ELECTION INSPECTORS : in election of township school trustees, who to be 297 in school district of third class, appointment : 353 canvass of votes by 358 how chosen, etc., at election of school trustees 594 powers, duties, etc., at election of school trustees *. 594 ELECTION PRECINCTS: division of city school districts into 207-24 referendum 216-24 ELECTORS : who are qualified 42 may discontinue school and send pupils to another district 45 who deemed qualified, in school elections in certain cities 42 to vote tax for services of district officers 54 at annual meeting may designate depository for district funds 71 of city, when to ele<*t board of education 164 to approve consolidation of school districts 191 registration of, in school districts 217-19 when, may vote to organize township school district 294 township school district, qualification of 297, 307 when, may appeal from action in formation of 319 school, district of third class, who qualified ; 354 when question of rural high school submitted to 510 ELIGIBILITY : to office in school districts 49 of pupils desiring tuition paid . 611 EMPLOYMENT : of teachers 58, 122, 251, 327 of persons to take school census 67 of officers, etc 122 of children 417 ENDOWMENT FUNDS : to be under control of school board 525 ENGLISH LANGUAGE : instruction to be conducted in 11. 19 ENROLLMENT : when teacher to compare, with census list 394 ENUMERATION OF CHILDREN: (See census.) ENUMERATOR, CENSUS : duty of, data required" 67 when guilty of misdemeanor 68 ESCHEATED ESTATES: application of interest from sale of 14 ESTIMATES : of amounts to be raised by tax 54, 66, 327 of taxes necessary in city school district, what to specify ' 182 transmitted for approval 182 report of, as approved, to whom made 182 EVIDENCE : of organization of district 31 in proceedings to obtain site 103 EXAMINATION : of proposed site by jury - 107 eighth grade, applicants to memorize first verses of "Star Spangled Banner" and "America" 266 meetings for, of teachers 280 of teachers by county board of examiners 280-81, 289 questions for, of teachers 281 county commissioner to keep record of 284 liss of reports by county commissioner 284 of teachers by officers in certain districts 288 of applicants for admission to agricultural college 289-90 fees to be collected from teachers for 382 of teachers by state board of education 461 of applicants for state certificates 461 , The references are to compiler's sections. 1 XAMINERS : may be removed for lack of qualifications .................................... of teachers to collect fees .................................................. to pay same to county treasurer .......................................... 383 county board of school examiners.) XKCTT10N : not to issue against school district .......................................... 97 XPEN incidental, estimated by board .............................................. estimates of, to be presented at annual meeting .............................. 66, .'i.'il per capita tax to pay, certain school districts ................................. of commissioners, limited .................................................. 278 for printing, etc., how audited, etc .......................................... of school examiners, how paid .............................................. teachers' institutes, how paid ............................................... 385 state institute, how paid ................................................... vouchers for, of teachers' institute, where filed ................................ 389 F. FACTORIES, STORES, ETC.: employment of children in ............ ..................................... 417 'ACTOR Y INSPECTORS: may order fire escapes on schoolhouses, etc .................................... may condemn srhoolhouses considered unsafe ................................. 623 FEDERAL BOARD: for vocational education, state board to co-operate with ........................ 570 FEEBLE MINDED AND EPILEPTIC: (See Michigan home and training school.) FEES: to be paid by teacher on obtaining certificate ................................. 382 disposition of, collected by director and secretary ............................. 383 F KM ALES: who qualified to vote at school elections in certain cities ....................... 42 registered in separate register ............................................ 42 eligible to district offices ................................................... 49 FINKS : how applied for breach of penal laws ........................................ 16 for disturbing district meeting .............................................. for disturbing school ...................................................... 62 on census enumerator for making false returns ............................... giving false information to census enumerator ................................ for damages to library books ............................................... apportionment of, for breach of penal laws ................................... 136 < See penalties.) FIRE ESCAPES : factory inspectors may order, on schoolhouses ................................ 623 FIRE MARSHAL: i See state lire marshal.) FIRE PROTECTION: in schools, duty of factory inspectors relative to ............................... 623 FISCAL YEAR : of school district in cities of 250,000 ........................................ 371 FLAGS : who to purchase U. S., for schools .......................................... 264 FORM OF OATH : of challenged voter ............................................... . ........ 43 FORMS, BLANK : I See appendix.) FOTRTH CLASS CITIES: to constitute single school district .......................................... board of education in, of whom to consist, elections, etc ....................... 593 Forirni OF .iri.v observance of. by public schools ............................................. 265 FRACTIONAL DISTRICTS : i St-e school districts; also township board.) FRATERNITIES : abolishment of. in public schools, etc ........................................ 418-20 FREi: PI TBLIC LIBRARIES: authority of city boards of education t<> maintain ............................. 147-4S townships, etc., may bond for .............................................. 149 FREE SCHOOLS : to be provided ..... .......................... 11, 320 FREE TEXT BOOKS : ( See text booi. edile atioiial ............................................................. library .......... " ........................................................ teachers' institute ........................................................ of associations for establishing loan ......................................... for maintaining day schools fur the deaf ..................................... 320 INDEX. The references are to compiler's sections. G. GAMBLING : children not permitted in rooms used for ..................................... 416 GENERAL FUND : taxes for incidentals, deficiencies, etc., accounted for under ..................... 54 GIFTS: school districts may accept, etc ............................................ 524-25 GOVERNOR : when may remove county school commissioner, etc ............................ 19 certain days appointed by, observed by public schools .......................... 265 to appoint five members of teachers' retirement fund board ..................... 424 annual report to, by state board of control for vocational education .............. 571 GRADED SCHOOL DISTRICTS : annual meeting of ......................................................... organized prior to 1907, act to govern ....................................... 120 notice of intention to organize .............................................. 120, 124 election and term of office of trustees of ...................................... 120, 124 officers of, to be elected by trustees .......................................... 121 credit of school tax on tuition of non-resident pupil ........................... 122 powers and duties of trustees ............................................... 121-22 not limited to nine sections of land ............. , ................. ............ 123 consent of trustees to be obtained to alteration of boundaries ................... 123 two or more contiguous districts may organize ................................ 124 change of, to primary district .............................................. 125 publication of financial statement of .................... . .................... 262 proceedings when, become part of township district ............................ 296 appointment of truant officers in ....................... v .................... 393 (See school districts.) GRADES OF CERTIFICATES : of teachers ....................................................... 282 GRADE TEACHERS: in rural agricultural schools, certificates of .............................. 555 GRADING : of pupils not prevented in any district ......................... ............. 63 in graded school districts ...................................... 122 GRADUATES : of normal training schools in cities of 250,000, when life certificates issued to . . 461 GYMNASIUMS : school districts may establish, etc ........................................... 524 H. HEATING SYSTEM: in schoolhouse, superintendent of public instruction to approve ..... 601 HIGH SCHOOL GRADUATES: advanced courses of study authorized to ................... 481 HIGH SCHOOLS: may be established in certain districts ....................................... 122 establishment of optional course of military training in ........................ 259 board of education to establish, etc .......................................... 303 act to establish rural .................................. ................. 498-505 providing for payment of tuition and transportation to, of certain pupils . . . 508-9 what deemed ................................................. . ....... 510 (See graded school districts.) HOLIDAYS : observance of, by public schools ........ 265 HOME ECONOMICS: certificate of teachers in, in rural agricultural schools ....................... 554 endorsement of ........................................................ 554 assenting to grant of money by U. S. for ......... 568-77 HUMANE EDUCATION : act to provide system of ....................... 247-49 HYGIENE : use of text-books on, in teaching dangerous diseases ......................... 60, 303 I. INCIDENTAL EXPENSES : estimated by district board ................ 54 INDEBTEDNESS : of districts .............................. 90 (See bonds.) INDIANS : when children of, not included in census. . 67 INDIGENT PARENTS : to 8Upervise instructkm ln - 19 superintendent of public instruction to supervise instruction in ............... 19 INMATES : of rural agricultural schools when established ................................ 560 of public institutions, instruction, etc., of, who to supervise ......... , ........... 025 : INDEX. PECTO1 The references are to compiler's sections. RS OF ELECTION : >\\ chosen, powers, etc., at election of school trustees ......................... 594 IN TITUTES : achers', county commissioner to be assistant conductor ....................... i> t tt .TITUTIONS : ertain state, superintendent of public instruction to supervise instruction in.... 19 bankable, children in, not included in census ................................ 67 ublic, instruction of inmates of, supervision of ............................... 625 ualifications of teachers in, approved by superintendent of public instruction ..... *\'2<\ tt 5TRUCTION: o be conducted in the English language ...................................... 11 ranches of, given in public scho .|s ......................................... 60 te.. of adult blind persons ................................................ 403-06 i: n Judgment against district ............... " ................................ 101 >n moneys lost by certain officers ........................................... 141-42 J. J .NITOR: employment of, to care for rural agricultural school buildings .................. 551 J >INT MEETINGS: of township boards ........................................ . ............. 29, 117, 335 relative to boundaries of primary school districts ............................. 190 relative to township school districts ......................................... 296 J JDGE OF PROBATE : to participate in filling vacancy on board of examiners ......................... 277 J JDGMENTS : assessment of taxes for payment of .......................................... 81 and suits against school districts, sections relative to .......................... 95-101 execution not to issue on ................................................... 97 when rendered in pn>< ...... lings to obtain site ................................... 108 J 3NIOR COLLEGIATE DEPARTMENT : idvanced courses of study in certain districts designated as ..................... 481 Jl'RY : board may apply for, in proceedings to obtain site ............................. 103, 107 .11 'STICKS OF THE PEACE: to have jurisdiction in cases of assumpsit against school districts ................ 95 to hear cases under compulsory education act ................................. 395 pr. eities ...................................................... 395 JUVENILE rut'RT: investigation, etc., by, relative to children of indigent parents .................. 515 JUVENILE DISORDERLY PERSONS: penalty for failure of parent or guardian to send, to school ..................... 394 proceedings against parents of, for neglect of duty ........................... 395 to be sent to ungraded schools .............................................. 396-97 who deemed, or truants .................................................... 397, 407 K. KINDERGARTEN: duty of district board relative to ............................................ 250 qualifications of teachers ................................................ 251, 254, 256 children entitled to attend .................. . .............................. 252 act to apply to other schools ................................................ 253 L. LABOR : act to secure payment to sub-contractors for ................................. 587-90 LABOR DAY : observance of. by public schools ............................................. 265 LAKE COUNTS : election of county commissioner of schools in ................................. L'7* LAND: limit of tax on, for building schoolhouse ..................................... 45 when not taxed for ..................................................... 45 proceedings to obtain, for schoolhouse site .................................... 103-16 school district in cities of 250,000 may take gifts of ........................... when board of education may acquire for sites, etc ............................ LAND CONTRACTS : purchaser of land upon, qualified school elector ............................... 41! LAWS, DOCUMENTS, ETC.: rules and regulations for libraries, course of study, who to print and distribute... 21 duty of commissioners and county clerk in distributing ......................... 494-95 LEASE: for schoolhouse site, who to secure, length of, etc ............................. 53 duration of, of land for schoolhouse ......................................... 303 322 INDEX. The references are to compiler's sections. LEGACIES : school districts may accept, etc 524-25 LEGISLATURE : pages, etc., of, not required to attend school 392 statement to, of state aid to rural agricultural schools 563 annual report to, by state board of control for vocational education 571 LIABILITIES : of township clerk for neglect to report 141 of county clerk 142 of supervisor in regard to. district taxes 144 debts and, when assumed by township district 332 of parent or guardian for failure to send child to school. . 394 (See penalties.) LIBERTY DAY: observance of, in public schools , 265 LIBRARIAN : township, when and by whom appointed, duties, etc 130 LIBRARIES : establishment of, constitutional provisions relative to 16 lists of books for, how prepared 21 rules for, by whom made 21, 129 maintenance of, in township or city 126 township board may dispose of, or plan merger of, into free public 126 provisions relative to 126-38 books for township, by whom purchased 128, 329 care of, etc., who to have 129 librarian of township, by whom appointed, duties, etc 130 where kept 130 when school district may establish township clerk to report statistics of funds for, when forfeited 134 superintendent of public instruction to furnish statement of township, etc., entitled to 135 apportionment of 135-36 tax for support of, how levied, collected, etc 137 district board may sell or donate, books to township school officers not to act as agents for, books free public, townships, etc., may bond for 149 school district, etc., may issue bonds for 155-59 act to authorize the creation of county 160 board of education to establish, etc 303 free public, maintenance of, in cities 147-48 librarians to report to school commissioner to whom to transmit list 507 LIBRARY BOARD: for county library, who to compose, etc 161 LIBRARY BOOKS : preparation of list of sale of 138 LIBRARY COMMISSIONERS : (See state board of library commissioners.) LIBRARY MONEY : when district to forfeit superintendent of public instruction to forward statement of apportionment of 136 LIFE CERTIFICATES: authority, revocation and filing of - 270 when state board of education may issue, to graduates of normal training school in cities of 250,000 461 principal in rural agricultural school to have 556-57 LINCOLN'S BIRTHDAY : observance of, by public schools 265 LIQUORS : minor children not permitted where, are sold 416 LISTS : of school text-books, when superintendent of public instruction to publish 238 LOAN FUNDS : establishing, for students of certain institutions 483-89 M. MANUAL TRAINING, COUNTY SCHOOLS OF : act to establish 535-44 management of 536-43 establishment of, when placed upon approved list, etc 544 MANUAL TRAINING SCHOOLS : school districts may establish, etc 524 MANUAL TRAINING TEACHER : act to define qualifications of 254-55 MAPS : of townships, showing boundaries of districts, by whom made, where filed, etc filing of, showing change of boundaries in city districts 336 act to insure payment of sub-contractors' for. 587-90 MEDICINE AND SURGERY : board of education in certain cities may control, etc., college of 526-32 INDEX. The references are to compiler's sections. J>int, of township boards of several townships 29, 335 hea schoolhouse used for public M f township boards, in cases of appeal 117, 119 f board of education city school district, when held 180 oint, of township board, relative to change, etc., of boundaries of primary school districts 190 or examination of teachers, when and where held ownship school districts, of township board for organization of annual, in, notice, etc 298, 305 of board of education in >f board of education 323 >f board of education, district of third class 360 )f board of trustees of rural high schools, when held, etc 501 (See district meetings.) Id SMBERS : )t district board, who to constitute number of, of board of trustees in graded school districts 120, 321 term of office 120 of board of county school examiners, by whom appointed, etc 277 M BMORIAL DAY : observance of, by public schools 265 & ESSENGERS : etc., of legislature not required to attend school 392 V ICHIGAN AGRICULTURAL COLLEGE: superintendent of public instruction to supervise instruction in 19 president of, to approve schools before placed upon approved list 544 to carry on agricultural extension work 566-67 president of, member of board of control for vocational education 570 I ICHIGAN EMPLOYMENT INSTITUTION FOR THE BLIND : transfer of pupils from Michigan school for blind to 401 3 ICHIGAN HOME AND TRAINING SCHOOL : superintendent of public instruction to supervise instruction in 19 : ICHIGAN SCHOOL FOR THE BLIND: superintendent of public instruction to supervise instruction in 19 Compulsory duration of blind children at 401-2 : [ICHIGAN SCHOOL FOR THE DEAF : superintendent of public instruction to supervise instruction in 19 compulsory education of deaf children at 398 401 : IILITARY TRAINING : establishment of optional course of, in all high schools 259 MINORS: not attending day schools, vocational, etc., education of 578-80 1ISDEMEANOR : when census enumerator guilty of a 68 officers, teachers, etc., interested as agent for publishers deemed guilty of 145 when parents deemed guilty of a 394 MODERATOR : to give oath to challenged voter 43 chairman at district meetings 45, 323 election of, term of office, etc 46 appointment of, to fill vacancy 48 acceptance of office, where filed 50 to be member of district board 51 treasurer and, to audit and pay accounts of director 65 and director to approve bond of treasurer 71 service of process against school district made upon 95 penalty for neglect to perform duties 140 (See district board. f MONEYS : primary school fund, what to constitute 1-2 when withheld from certain districts 11 apportionment of, by superintendent of public instruction '. . . 22-24 of primary school interest fund of districts, when dividing, how apportioned districts entitled to receive primary school interest fund entitled to receive certain when board may borrow, on strength of voted tax .". I primary school interest fund, to be used only for teachers' wages 56 accounting of district school 56 sectarian schools barred from public 56 district board to apply school, according to law 56 to make report of, at annual meeting orders for certain, by whom drawn and signed '.r, disposition of, collected on bond of treasurer 71 "istrict board to provide for deposit of 71 uties of township treasurer relative to collecting school 71. 77 st; relative to paying apportionment of. t.. districts l>\ township clerk raised for school tax how apportioned 7; accrued from one mill tax, how used 7^ paid by old districts to new, how applied 79 school, to be paid next to township expenses h4 payment of, to fractional districts 86 county treasurers to apply for, appropriated 89 1 324 INDEX. - The references are to compiler's sections. MONEYS Con. to notify township clerk, etc .............................................. 89 limitations as to districts borrowing ........................................ 90 when, for site deposited with county treasurer ................................ 109, 114 library, when forfeited ..................................................... 134 proviso as to non-forfeiture ............................................... 134 statement of townships to receive, where filed, etc ....... . .................... apportionment of ......... ............................................. 136 how used .............................................................. 136 apportionment of, collected on account of neglect of officers .................... township school district, amount of, estimate for schoolhouse ................... 303 custody of, where deposited, etc ........................................... 306 when certain, to become township school money ........................... 313 who to apply for, appropriated for primary schools and libraries ................ 327 public, definition of ....................................................... 438 to be kept separate from other funds ...................................... 439 how used .............................................................. 440 Interest on, what to constitute ............................................ 441 public officer not to receive consideration for depositing ........................ 442 penalty for illegal payment of ............................................ 445 disposition of insurance .......... .... ...... . ............................... boards of trustees of rural high schools may borrow .......................... 499 from U. S., giving assent to grant of, for co-operative agricultural extension woi-k . 566-67 paid to secretary state board of agriculture ................................. 567 limit of amount of, school district may borrow ......... ...................... 604 school districts in certain cities may borrow, for improvements ....... .......... 605-14 (See taxes.) MONTH, SCHOOL: of what to consist ....................................................... MUSIC TEACHER: act to define qualifications of ............................................... 254-56 N. NAMES : on official ballot, school district of third class, how arranged ................... 357 text-books to consider nature and effects of ................................... 60, 303 NEGLECT : penalty for, of taxable inhabitant to serve and return notice .................... of district officers to perform duties ....................................... 140, 263 liability of township clerk for, to report, etc .................................. 141 of county clerk for not transmitting reports ................................ of supervisor and township clerk in regard to taxes ............. ............ 144 of parent or guardian to send child to school a misdemeanor .... ................ 394 NEW YEAR'S DAY : observance of by public schools ............................................. 265 NOMINATION : of members of board of education in district of third class ..................... 356 NOMINATION PETITIONS : of candidate for member of board of education, city school district ............... of candidate for trustee, township school district ......................... .... 297 of candidates for trustees, filing of, etc ....................................... 593 NON-RESIDENT : when may be attached to district ............................................ admission of, pupils, tuition, etc ............................................ tuition of, pupils ......................................................... credit of school tax on tuition of, pupils ..................................... 122 NORMAL SCHOOL FUND : origin of ................................................................ 458 who to have care of ....................................................... 459 NORMAL SCHOOLS : establishment of physical training in ........................................ 475-79 state board of education to prescribe courses of study, grant diplomas, etc., in .... 482 . (See state normal school.) NORMAL TRAINING CLASSES : superintendent of public instruction to direct supervision of .................... 19 act to establish ........................................................... 517-23 (See county normal training classes.) NORTHERN STATE NORMAL SCHOOL: act to establish ........................................................... 469-71 NOTICE : superintendent of public instruction to give, of apportionment of primary school fund .............................................................. 22, 135 duty of taxable inhabitant on receipt of, of formation of district ................ 27 of first meeting in new district ............................................. 27, 320 by township clerk when new district fails to organize .......................... of meeting of township board to form fractional districts ...................... 29 to alter boundaries ...................................................... 33 of special meetings df district board, when and how given ...................... 40 of district meetings, to be given by director .................................. 41, 66 of township clerk to supervisors of school taxes ............................... 74, 328 who to give, to directors of moneys to be appropriated ......................... 76 of apportionment of moneys to districts, to whom given ........................ 76 of supervisor and treasurer of taxes assessed ................................. 80-82 treasurer to give, of money in his possession ................................. 85, 330 county treasurer to give, of moneys apportioned ............................... 89 INDEX. 325 The references are to compiler's sections. NOTICE. Con. of meeting; of district to borrow money 93 In proceedings to obtain site, how given 105 of meeting to organize as graded school district 120 teachers' examinations, how given 280 to teachers of intention to revoke certificate 283 township school district, of election for organization of 294 of annual meeting in . . > i!t)s relative to changing boundaries in city districts 330 of registration and election, school district of third class 355 to parent or guardian of non-attendance of child at school, by whom given 394-9T> teachers' associations, of formation of, how given 421 of election on establishment of rural agricultural schools, when given 547 of establishment of, to whom given . r >.V. sub-contractor to give written, what to state, etc 588 of election of trustees in cities of fourth class 593 O. I I > OATH: deputy superintendent of public instruction to take 20 tendered to challenged voter at district meetings 43, 299 to be taken as to correctness of census list 67 of juror in proceedings to obtain site 107 of office, members of board of school examiners to take 277-78 of election officers, school district of third class 353 of office of election inspectors for election of trustees 594 OFFICE : acceptance of, to be filed 50-51, 121, 322 affidavit of, as to qualifications term of, of board of school examiners 277 OFFICERS : who eligible as school 49 having charge of records to furnish facilities for examination 52 NE MILL TAX: disposition of surplus 84 assessment, collection and disposition of 78 ee taxes.) ORAL METHOD : to be taught in day schools for deaf 585 ORDER : on treasurer to be countersigned by moderator 65 to be drawn and signed by director 66 of township clerk on treasury for library moneys 128, 327 of superintendent of public instruction relative to insanitary, etc., schoolhouse, when set aside 599 \varrants; also moneys.) ORGANIZATION : formation, etc., of new districts 26-31 1 school district 120-25 of school district certain cities, act to provide for 167-89 of township school districts in upper peninsula 320-35 school districts; also township board.) OUTIIOUSl in primary districts, county truant officer to Inspect 394 P. ACES: etc.. of legislature not required to attend school :'.'.)- PAMPHLETS: distribution, etc., of certain, to school districts 496-97 when heads of state departments to print additional copies 497 PARENTS AND GUAR1UANS : entitled to vote at district meetings 42 required to send children to school 392 duties of truant ollji-ers relative to 394 liability for not sending 394 proceedings against 395 to give notice when children desire to have tuition, etc., paid 508 PAROCHIAL SCHOOL: etc.. Instruction in, to be In English language 19 ARTY EMBLEM : etc., not to be placed upon school election ballots 221 VI) FOKFEriTi; not maintaining live months' school 11 district for not maintaining certain 1- n-th of school 45, 78, 327 cniMis enumerators for making false returns '.s giving false information to census enumerator. . . 68 damages to library books 129 taxalile inhabitant for inflect of dut ii s in formation of district 139 district oilicers 1 neglect to accept oilier ,,r perform duties 140, 316 township clerk, for neglect in transmitting reports 141 county clerk for not transmitting reports 142 moneys collected for, how applied 143 Supervisor ami clerk's neglect regarding taxes 144 neglect to teach prevention of diseases 258 district officers, for not publishing financial statement 263 purchasing U. S. flag 264 326 INDEX. The references are to compiler's sections. PENALTIES AND FORFEITURES. Con. parent or guardian not sending children to school 394 relative to school attendance by blind children relative to persons responsible for delinquency of children 415 for allowing children to remain in saloons, etc 416 illegal payment of public moneys 445 PERJURY : what deemed 43 PERMANENT FUNDS : to be under control of school board 515 T* Ti 1 It iVT T T * issue of, for employment of children 392, 417 when superintendent of schools, etc., may revoke 580 PETITION : nomination, of candidate for member of board of education, city school district, filing of 174 candidates for district board of education nominated by 221 form, etc 221 of electors for single school district 294 nomination, of candidate for trustee township school district, filing 297 of member of board of education, district of third class made by 356 for consolidation of rural schools into rural agricultural schools 547 nomination, of candidates for trustees, filing of, etc 593 PHYSICAL TRAINING : to be taught in schools of certain cities, etc 435 establishment of, in public schools, etc 475-79 PHYSICAL TRAINING TEACHER : act to define qualifications of 255 PHYSIOLOGY : use of text-books on, in teaching dangerous diseases 257 PHYSIOLOGY AND HYGIENE: to be taught in all public schools 60 penalty for failure of district board to comply with statute 60 district board to adopt text-books 60 by whom approved, etc 60, 229, 462 text-books on 303 PLANS : for school buildings, when approved by superintendent of public instruction 598-600 for rural agricultural school buildings, approval of 552 PLAYGROUNDS : board 9f education may acquire land for 534 authorizing cities, etc., to operate systems of recreation and 627-30 POLL LIST: to be kept when voting on issuance of bonds for school election district of third class, who to provide 353 POLLS : in school election, district of third class, time open 353 POOR CHILDREN : to be furnished with text-books 61 POPULATION : of school districts, how computed 343 PRESIDENT : of board of education, service of process against school district made upon 96 of Michigan agricultural college to approve schools placed upon approved list 544 PRESIDENT OF THE U. S. : certain days appointed by, observed by public schools 265 PRIMARY SCHOOL INTEREST FUND : constitutional provisions respecting 1, 11 five months' school to be maintained to secure 11 apportionment of 11, 22 proceedings in case of defective returns of when deficiency may be apportioned 24 time school to be maintained to secure ,_ 45 to be accounted for under "teachers' wages fund" 54 to be used only for teachers' wages 56 not to be applied to sectarian schools 56 duty of township clerk in distributing 72 how apportioned to districts 75, 323 county clerk's duties relative to 88 county treasurer's duties relative to 89 PRIMARY SCHOOLS: (See schools.) PRIMARY TEACHERS : qualifications of, defined 254 PRINCIPAL : in rural agricultural school, certificate of 556-57 PRINCIPALS OF SCHOOLS : duty of, as to violations of text-book law 239 to certify to fact of humane education 249 PRIVATE SCHOOLS: etc., instruction in, to be in English language 19 PROCEEDINGS : against school districts 95-101 to obtain schoolhouse site 102-16 INDEX. 327 Tht references are to compiler's sections. PROCEEDINGS. Con. in case of incumbrances 113 upon appeal from action of township board 117-19 of board of education city school district to be published, etc 186 PROCESS ; service of, against school districts, upon whom made 96 PROPERTY : when township board may sell district 37, 45 to be apportioned on division of district when sale of district, may be directed by voters 45 when husband and wife own, jointly 49 care and preservation of district 59, 122 of divided district, vested in city district 16M {in territory annexed 170 accounting of, when township organized into single school district 294 sale of, by board of education 303 disposition of, in forming township districts 332 to be apportioned on division of township 335 of school district in territory annexed, to whom belongs 345 of teachers' associations 422 PUBLICATION : of financial statement by school board 262 PUBLIC BUILDINGS: act insuring payment of sub-contractors in repairing, etc 587 PUBLIC DOMAIN COMMISSION : secretary of, and superintendent of public Instruction to select certain pamphlets sent to district schools 496-97 PUBLIC INSTITUTIONS : instruction, etc., of inmates in, supervision of 625 PUBLIC LIBRARIES : (See libraries.) PUBLIC RECREATION AND PLAYGROUNDS: authorizing cities, etc., to operate systems of 627-30 PUBLIC SCHOOLS: observance of holidays in 265 observance of Carleton day in 267 Declaration of Independence read on certain days in . . . . 265 establishment of physical training in 475-79 PUBLISHERS' AGENT members of district board not to act as 49 PUPILS: when may be suspended or expelled who may be 63 classification of 63, 122 admission of, to schools 63-64, 122, 252 tuition of non-resident 64, 303 in graded school districts, promotion of, in 122 Declaration of Independence read to certain, on certain holidays 265 township school district, rate of tuition to non-resident 303 unlawful to organize, etc., fraternity, etc 418 admission of, to normal school 454 providing for payment of tuition and transportation of eighth grade 508, 511 transportation of, to and from rural agricultural schools 553 Q. QUALIFICATIONS: of music, etc., teachers 254-56 of voters at district meetings 297 of superintendent of schools 303 QUESTIONS : of examination for teachers 281 R. REAL ESTATE: board of trustees of rural high schools may hold 601 RECEIPT: when township treasurer to take duplicate 86 RECORD: nchool district, superintendent of public instruction to examine, etc 19 director to keep, of proceedings , 27, 66 director's, to be evidence of organization of district :u who to keep, of acceptances of office 50 who to provide, hooks for proceedings of district meetings officers having charge of, to furnish facilities for examination 52 of report of taxes to annual meeting 57. 3.'U teacher to keep, of pupils r.s of moneys to be kept by district treasurer 71 to be kept of consent of trustees in alteration of graded school district TJX of certificates granted to ti-aclH-rs, who to keep 284 who to k. !>. of examination held by board of school examiners 2H4 KErKEATloN AND PLAYGROUNDS: authorizing cities, etc., to operate systems of public 627-30 RECREATION CENTER: use of schoolhouse, etc., for <131 328 INDEX. of establishment of county agricultural, etc., school on question of voting, etc., taxes in certain school districts. REGENTS: of the university, how elected, etc may grant certain certificates. The references are to compiler's sections. REFERENDUM : on election of school boards in certain cities 166 on consolidation of school districts 191 on question of dividing school districts into voting precincts 223 on question of registration of electors in certain city districts 228 on disbandment of township school district 295 . on issue of bonds for maintenance of free public libraries 148-49 on act to classify certain school districts 365 - ' 535 621 5-7 269 REGISTER : of school to be kept by teacher 58 REGISTER OF DEEDS : copy of resolution for consolidation of school district, filed with 192 REGISTRATION : of electors in school elections in certain cities 42 of electors in school districts, notice of, etc 216-24 in city school districts, referendum 226 of electors in newly organized school district 175 in school district of third class 354 first, when made 354 notice of, how and when given 355 REGULATIONS : for government of schools 62, 327 at elections to vote on issuance of bonds 90 for government, etc., of libraries 129 with reference to admission of pupils to take advanced courses of study 481 REMOVAL : of certain officers by governor from district to vacate office of schoolhouse from leased site of officers in graded school district RENEWAL : of teacher's certificate, when made, etc 281 REPAIRS : (See schoolhouses.) REPLEVIN : against school districts, justices of the peace to have jurisdiction 95 REPORT : superintendent of public instruction to make annual, to governor 19 district board to make, at annual meeting 57, 331 directors to make annual 69 of director, where filed 69, 72 to whom made in fractional districts 70 treasurer of school district to make annual 71 township clerk to make triplicate board of education to make triplicate township clerk to make certain, to treasurer and director 76 supervisor to, taxes assessed to township treasurer 81 township clerk's duties relative to 88 of township clerk and board of education relative to libraries 133-34 liability of officers for failure to make 141-42 of board of education city school district, what to contain 186 to whom academies, etc., to make 268 county commissioner of schools to make 284 township school district, annual, what to contain, etc 305 of school moneys received, when made, etc 306 state board of education to make, to legislature 456 publication, etc., of, of superintendent of public instruction 493-95 board of trustees of rural h;gh schools to make certain 498 monthly, of truant officer, relative to children of indigent parents 515 board maintaining day schools for deaf to make 548 of state board of control for vocational education 571 RESIDENTS : notified of first meeting in school district 27 qualifications of, to vote at district meetings .' 42 rights of, to attend school 63 exceptions of, in school census 67 RESOLUTION : on consolidation of school districts, when territory annexed 192 what to set forth 193 RETIREMENT FUND : teachers', act providing 424-37 REVOCATION OF TEACHERS' CERTIFICATE: by board of school examiners 283 by state board of education 452-53, 461 ROOSEVELT'S BIRTHDAY: observance of, in public schools 265 ROUTES : designation of, for transportation of pupils to and from rural agricultural schools . 553 RULES : (See regulations.) INDEX. 329 The references arc to compiler's sections. Rl RAL AGRICULTURAL SCIIOO1 ct providing for establishment of .......................................... 545-63 division of, into classes ................... 546 Ri RAL HKill SCHOOLS : n act to establish or discontinue .......................................... 494-505 ,-hen question of, submitted to !.<(, ,rs ...................................... 498 oard of trustees of, when and how elected ................................... 500 term of office ........................................................ 500 duties .................... 501 R RAL SCHOOL DISTRK /hen consolidation of, effective ............................................. f>47 vhen, annexed to rural 'lu'ricultural district .................................. 547 vhen. consolidated, election of trustees, etc .................................. 548 lefined .................................................................. 564 S. S. LARY : f superintendent of public instruction ....................................... 19 >f deputy and assistant superintendent of public instruction .................... 20 >f touchers not affected because of holidays .................................. 265 )f state director of physical training ........................................ 478 S LE OF PROPERTY: arhen, made by township board ............................................. 37 to be directed by districts .................................................. 45 when made by district board ............................................... 53 S .LOON : children not permitted in, gambling houses, etc ............................... 416 S. -LT SPRING LANDS : interest on proceeds from, application of ..................................... 15 S 'HEDULE: of places, etc., for holding examinations, publication of ......................... 280 S 'HOLARS: (Sec pupils.) S !HOLARSHIPS: school districts may maintain ............................................... 524 S !HOOL : to be free ................................................................ 11, 320 to be maintained at least five months ........................................ 11 public, superintendent of public instruction to supervise instruction in ........... 19 when, may be discontinued in a district ...................................... 45 time necessary to be maintained ............................................ 45, 327 who to fix minimum length of time of ........................................ 45, 327 who to estimate and vote taxes for support of ................................ 54, 328 not to be sectarian ........................................................ 56 register of, to be kept by teachers ........................................... 58 district board to prescribe text-books for ..................................... 60 pupils may be suspended or expelled from .................................... 62 penalty for disturbing ..................................................... f>-j district board to establish regulations for .................................... 62, 327 resident pupils admitted to ................................................. 63 not to be separated on account of race ....................................... 63 statistics of, to be reported by director ...................................... 63 may be graded ............................................................ 63, 122 admission of non-resident pupils to .......................................... 64, 303 humane education in ...................................................... 247-49 visitation and examination of ............................................... 284 children of certain ages required to attend ........................ . :;irj when ungraded, to be established ............................................ 396 children attending, not permitted in saloons, etc .............................. 416 abolishment of fraternities, etc., in .......................................... 418 training, in connection with state normal ...................... 451 physical training to be taught in certain ..................................... 480 when, placed upon approved list ............................................ 544 persons desiring to teach, with whom to file certificate ......................... 4; 1 who to publish course of study, etc., for certain ............................... 4!>:i act to establish rural high ............................................... 498-505 board of trustees of rural high, to visit ................ MM rural agricultural, act providing for establishment of .......................... 545-63 division of, into classes. . ........... 546 in cities of fourth class, board of edu< -ati-.n, etc .......... 501-92 CIIOOL APPARATUS : provision for ............................................... 45 SCHOOL BOARD: (See district board.) may permit use of schoolhouse, etc., as recreation cei ................. 631 SCHOOL Bom (See text-boo; issue of bonds in city school district for erection of .......... 183 plans for, when approved by superintendent of public instruction. 598-600 fiCHOOL CBNSUS : when and how taken ............................................... 67 in city school district, who to provide for, etc .......................... '. ...... 187 330 INDEX. The references are to compiler's sections. SCHOOL DISTRICTS : apportionment of primary school money to 11 of what composed 26 to be numbered 26 formation of 26-31 f urination of fractional 29 when deemed legally organized 30 when may be dissolved ". 30 corporate powers of name and style of 32 when consent of taxpayers to be obtained to alteration in when persons outside, may be attached 35 alterations to be reported to director 36 division of property in forming new, from old meetings of, when held, etc 39, 45, 323 may borrow money on strength of voted tax 54 who to make annual report of 57, 331 who to appear in suits for or against 71 treasurers of, to file bond, duties of, etc 71 map showing boundaries to be made 73 moneys to be apportioned to 75-76 when moneys paid by old, to new 79 levy and collection of taxes in fractional 80 may borrow money for sites and buildings 90 to pay indebtedness 93 may vote to pay money borrowed 93 per capita tax in, to pay school expenses, etc 94 suits and judgments against 95-101 service of process against, upon whom made 96 judgments against fractional ". 100 appeal from action of township board 117-19 what districts may organize as graded 120, 124 organization of, etc., graded 120-25 change of, from primary to graded 125 may issue bonds for public library 155-59 act to provide for organization of certain 167-89 when township board may divide or change boundaries of 190 consolidation of 191 consolidation of, with city school district 192 consolidation of, in incorporated city 198-206 city, division of, into election precincts, referendum 207-24 registration of electors in 217-19 city, registration of electors in, referendum 226 copies of lists of text-books to be sent to 238 may purchase listed text-books 242 how authorized to purchase and sell text-books 242-43 re-sale of books, on removal from 244 to employ legally qualified teachers 288 officers of, when to deliver books, etc., to township board of education 294 township, board of education in, election, term, etc 297 township school districts, organization of 296 township organization of . . . .- 320-35 change of boundaries of city 336-39 act to classify certain 340-66 of 12,000 and less than 75,000, third class 341 division of, into classes 341 of 500 and less than 12,000, fourth class 341 of third class, division of, into voting precincts 353 advanced courses of study authorized in certain 481 who to provide course of study, etc., for 493 distribution, etc., of state pamphlets, etc., to 496-97 providing for transportation of certain pupils in 508-9 may establish trade, etc., schools, etc 524-25 when consolidated, disposition of property of 549 officers of, to require bond to insure payment of sub-contractors 587 cities of fourth class, to constitute single 591 board of education, election, etc 592 limit of amount of money, may borrow 604 in certain cities may borrow money for improvements 605-14 in cities of 60,000 or under, voting, etc., taxes for 616-22 highway to be established to every school building in 624 authorizing, etc., to operate systems of public recreation and playgrounds 627-30 in newly organized city school district, who qualified voter at 175 annual, in districts of third class when held 349 SCHOOL ELECTOR : who qualified, in district of third class 351 lcS88L foR THE BliNAI 86 CO>mty b " d f 8Ch O1 "" ln s - > superintendent of public. instruction to supervise instruction in.. . 19 SCHOOL FOR THE DEAF : superintendent of public instruction to supervise instruction in 19 SCHOOL FUND : general, percentage of proceeds of boxing, etc., matches credited to 446. INDEX. 331 The references are to compiler's sections. S 'HOOLHOUSES: when certain persons not liable to tax for building 37 not needed may be sold 37, 45, 53 building committee may be appointed 45 districts to vote tax for appendages to 45 district to direct the procuring of, sale of 45 when land not to be taxed for building 45 tax for repairing, limited 45 repairs to, who to make, etc 45 site for, to be purchased or leased 4:. '.', :>.(> tax for building, limited -}.'. board to procure 53, :vJ7 district board to have care of, etc 59 when open or closed for public meetings nu director to provide appendages to 66 limitation of indebtedness to build 90 bonds may be issued to build 90 board of education may acquire sites for 534 sale of tax homestead lands for sites 593 plans for, when approved by superintendent of public instruction 598-600 superintendent of public instruction to approve heating system installed in 601 factory inspectors may order fire escapes on - ; > j:i township board to establish public highway to every 624 use of, as community or recreation center 631 CIIOOL INSPECTORS: electors qualified to vote for, how governed 42 election of, in certain cities 164-66 CHOOL LOTS : amount of tax levied in city school district for purchase of 182 iCHOOL MONEYS: ( See moneys.) iCHOOL MONTH : of what to consist 58 SCHOOL OFFICERS : district, election of 45 not to be interested in any contract with district 145 to procure only books listed with superintendent of public instruction 235-46 salaries of, not affected because of holidays 265 county commissioner to call meetings of, of county 291-93 SCHOOL RECORDS : officers having charge of, to furnish facilities for examination 62 SCHOOL SITE: in city school district, issue of, bonds for purchase of 183 SCHOOL TAXES : who qualified to vote on, in certain cities 42 SCHOOL TRUSTEES : -lection of, in cities of fourth class 593 SCHOOL YEAR: when to commence, length of . .11 39 42 SCHOOL FOR DEAF : act establishing day 581-86 SECRETARY : of board of education city school district not to be member 179 school district of third class, duty in election 358 SECRETARY OF STATE: oath of deputy superintendent of public Instruction filed with. . 20 SECRET SOCIETIES: abolishment of, in public schools, etc 418-20 SECTARIAN SCHOOLS: not to receive public moneys 56 390 SERVICE OF PROC1 against school districts, upon whom made 95 SEX imill not to be taught in public schools 476 SHERIFF: to remove respondent from school property Ill SIGNATURES: number required on petition nominating member district board of education... 221 SIMILE SCHOOL DISTRICT: cities comprising, who qualified electors in school elections 42 organisation of township into 294 term defined HOH SINKINC; FI'ND : school di.-ti i t to provide, for redemption of library bonds 158 SITES FOK SCHOOLHOFSES : when not needed may be sold 37, 53 notice of meeting to change 41 voters to direct procuring of 4?> lease or purchase of 45, 5.'i issuance of bonds for purchase of no how designated 1 m> to be selected by a two-thirds vote mu pro.- lings to obtain 102-16 compensation for, how determined in certain < . 107 claims against, settled by circuit ju.l. 113 332 INDEX. - The references are to compiler's sections. SITES FOR SCHOOLHOTJSES. Con. in city school district, issue of bonds for purchase of township board of education may purchase, etc 303, 534 board of education to estimate amount- of money for sale of tax homestead lands for 593 SORORITIES : abolishment of, in public schools, etc 418-20 SPECIAL ELECTION : school district of third class, to fill vacancies in board 359 SPECIAL MEETINGS : (See district meetings.) STAR SPANGLED BANNER: applicant for eighth grade diploma to memorize first verse of 266 STATE AID: rural agricultural school entitled to, amount statement of, to legislature 563 STATE BOARD OF AGRICULTURE : election of, powers and duties may grant teachers' certificates duty of, to co-operate with supervisors in agricultural education secretary of, to receive funds for agricultural extension work 567 STATE BOARD OF CONTROL : for vocational education, who to compose to make annual report to governor, etc 577 STATE BOARD OF EDUCATION : election of, term of office, etc 8, 18 to grant certificates to graduates of colleges may refuse to accept certain diplomas power of, to provide for care of blind babies 407-11 to contract with institutions 408-09 to be a body politic 447 powers and duties of , . . 447 regarding state normal school 449, 457 members of, not to act as agent 450 to grant diplomas to graduates of state normal school 452-53 to make report to legislature 456 to grant state certificates to teachers . . 461 when, may issue life certificate to graduates of normal training school in cities of 250,000 461 persons desiring to teach, with whom to file certificates approved by 464 powers and duties regarding central Michigan normal school 465-67 powers and duties regarding northern state normal school 469-71 to procure site for western state normal school 473 to have control, etc., of to prescribe courses of study, grant diplomas, etc., in normal schools 480 president of, member of board of control for vocational education 570 STATE BOARD OF HEALTH : to approve text-books regarding communicable diseases 257 STATE BOARD OF LIBRARY COMMISSIONERS : duties of 484, 491 appointment and term of office of 490 who to constitute 490 vacancies in, how filled 490 reports of, to whom made, etc. . 491 STATE CERTIFICATES: to be granted to graduates of certain colleges 270 when granted to graduates of state normal school 452-53 when granted by state board of education 461 STATE DEPARTMENTS: heads of, to transmit list of pamphlets to superintendent of public instruction 496 STATE DIRECTOR OF PHYSICAL TRAINING: superintendent of public instruction to appoint, duties, salary, etc 478 STATE INSTITUTIONS : maintenance of 12 certain, to be under supervision of superintendent of public instruction 19 instructors in, to be citizens of U. S 276 heads of, to transmit list of pamphlets to superintendent of public instruction. . . . 496 STATE LANDS : interest from sale of. application of 13 STATEMENT : of state aid to rural agricultural schools, who to make 563 STATE NORMAL SCHOOLS: professional instruction in 449 training school in 451 diplomas and certificates to graduates of 452-53 an act to change the name of 468 physical training to be taught in 483 STATE PUBLIC SCHOOL: superintendent of public instruction to supervise instruction in 19 STATE TEACHERS' INSTITUTE: to be held annually 387 expenses of, how paid 388 STATE TREASURER : payment of transportation of indigent deaf children 399 of Indigent blind children 402 INDEX. 333 The references are to compiler's sections. S'; A.TE TREASURER. Con. x-offlcio treasurer of teachers' retirement fund 426 ustodian of funds for vocational education . 571 o reimburse district maintaining day school for deaf. . 583 S' UDENT: lumber of, to establish course of military training 259 oinor child who is. not permitted in saloon, etc 416 f certain Institutions, establishing loan funds for. . 483-89 S' UDIES : o be prescribed 60 81 B-CONTRACTORS : ict insuring payment of 587-93 S ITS: nay be brought for or against district jrosecution, etc., of, by or against district 45 Teasurer to appear for district in m treasurer's bond 71 vhen moderator may appear in, for district 71 lurisdiction of justices in 95 ind Judgments against district 95-101 summons in. served on treasurer 96 not brought to collect Judgment 97 actions, judgments and proceedings.) S PERINTENDENT OP COUNTY SCHOOLS OF AGRICULTURE, I who eligible as 544 S IPERINTENDENT OP PUBLIC INSTRUCTION: constitutional provisions relative to election and term of office of residence, qualifications, duties, etc to direct supervision of county normal training classes to have general supervision of public instruction make annual reports to legislature visit state institutions, etc may request removal of county commissioner of schools appoint a deputy and assistant to prescribe duties of assistant to prepare list of library books to prepare and print general course of study 21 to prepare rules for management of libraries 21 duties relative to apportionment of primary school moneys 22, 24 to deliver books, etc., to successor duties relative to school census 67 when board of education to make triplicate reports to reports to, relative to libraries 133-34 to forward statement of library money to districts 135 may grnnt kindergarten, drawing, etc., certificates 254-55 copies of school text-books to be filed with 235 special editions of text-books to be filed with to send copies of text hook lists to school authorities 238 duty of, as to violations of text-book act when may suspend right to sell text-books when to declare bond forfeited 239 board of education subject to removal by, upon failure to establish course of mili- tary training 260 proof of publication of i>: r annual school meeting, etc., filed with 262 incorporated academies to report to 268 forms of teachers' certificates to be prepared by 281 questions for examinations of teachers to be prepared by 281 id examination questions to examining officers 281 prescribe form of rules for boards of school examiners 282 to appoint assistant conductor of institutes 284 annual reports of county commissioner to be made to 284 t> assist county commissioner at county meeting of school officers 293 when, may remove school trustee from office appeals to. in actions relative to school districts 319 annual county teachers' institutes to be held by 3^4 may appoint conductors of teachers' institutes When, may draw on state treasurer for aid to teachers' institutes or state institutes, how drawn bv establishment of hureaii of information in office of :!!("> to provide instruction for adult blind persons 403-06 a member of teachers' retirement fund hoard 424 to appoint state director of physical training 478 may prepa i certain courses of study, etc 493 who to distribute report of to prescribe forms for publication and distribution of report 493-95 and secretary public domain commission to select pamphlets sent to school districts 4" to approve course of study for rural hih schools r.nl board of trustees of rural high schools to make certain report to 501 when may grant permission to establish county normal training classes 517 to be member of county normal board 518 to prescribe form of certificate of graduation from county normal training classes 519 to have general supervision of county schools ,.f agriculture, etc 544 to approve schools before placed upon approved list Ml notice to. when in favor of establishing rural agricultural school 548 334 INDEX. The references are to compiler's sections. SUPERINTENDENT OF PUBLIC INSTRUCTION. Con. to approve plans for rural agricultural buildings 552 notice to, when school established 559 to cause inspection of 560 duty of, relative to establishment of day schools for deaf 565-85 member of state board of control for vocational education 570 executive officer of 570 may condemn schoolhouses 596 when to approve plans for school buildings 598-600 when may close schoolhouses 599 to approve heating .system installed in schoolhouse 601 to approve course of study in certain institutions 625 qualifications of teachers in public institutions to be approved by 626 SUPERINTENDENT OF SCHOOLS: powers and duties of, in graded school districts 122 city school districts, election of, etc 185 duty of, as to violations of text-book act 239 in township districts, by whom employed 303 when president of board of education to perform duties of. 304 duty of, as to truants 394 permit of, for employment of children 417 SUPERVISORS : map of township to be filed with 73 township clerk to certify taxes to 74, 328 to assess school taxes . . . 77, 328 to assess one-mill tax 78 equalization of taxes by 80 certifying and levying taxes in fractional districts by 80 to deliver warrant for collection of taxes to township treasurer 81 to assess judgment against school district : 101 liability for not assessing taxes 144 (See taxes.) SURETY BONDS : payment of premium on 45, 457 treasurer may furnish 121, 457 SUSPENSION : of pupils from school 62 of teachers' certificates 282 of pupils organizing fraternity, etc 419 SYSTEM OF HUMANE EDUCATION : act to provide 247-49 T. TAXABLE INHABITANTS: duties in relation to formation of district penalty for neglect of duty TAXATION : constitutional provisions relative to exemption of school bonds from TAXES : how surplus of one-mill, may be applied non-taxpayers not to vote on question involving.. for repairs to schoolhouse for building schoolhouse or purchasing site for apparatus, etc., for schoolhouse 45 limit of, for certain purposes 45, 328 amount of, for services of district officers for incidental expenses limit of, for support of school estimated and reported by district board 54, 328 report of, by board to township clerk money raised by, not to be diverted for books for indigent children assessed on division of district 4 when reported to supervisor ** A ** apportionment of, when collected ' J* failing to be assessed, to be levied the next year 77 supervisor to assess T-T TQ assessment of , -I I! duties of township treasurer relative to collection of T7, o assessment, collection and disposition of Jo in township before any school is maintained an old district for new certifying of, in fractional districts equalization of warrant for collection of i apportionment of, when district is divided 8< * a.-ja for school purposes to be paid next to township expenses * when township treasurer to pay out certain oo, adi may be raised to pay borrowed money per capita, to pay school expenses, etc J judgments against districts |i when credited on tuition of non-resident pupils *|* for support of libraries " 'AXES. Coi INDEX. 335 The references are to compiler's sections. LXES. Con. liability of supervisors for not assessing 144 for maintenance of county library, amount, etc 160 for teachers' wages, etc., board of 'duration to vote 303 township school district, report of 303 amount of, how determined, etc 307 school, to be kept in separate column on assessment roll 308 school, to be in separate column 329 for care, etc., of blind babies 410 board of education to vote, for payment of tuition, etc.. of eighth grade pupils. . .. 508 school, voting, etc.. in cities of 60,000 or under 616-22 TAX HOMESTEAD LANDS: sale of, for sites for schoolhouses 597 TEACHERS : payment of, from primary school interest fund public moneys not to be paid to, not holding certificates to keep school register to be furnished with copy of contract 58 contracts with ." 58, 122, 327 employment of 58, 122, 327 to file certificate of instruction in physiology, etc., with director districts employing unqualified, deprived of primary money not to act as agent for school books, etc to certify to humane education in school 249 qualifications of act to define qualifications of certain 254-56 to give instruction regarding prevention of communicable diseases salaries of, not affected because of holidays when to have Declaration of Independence read who to give, certificate to graduates of certain colleges 270, 272 school, certificates granted only to citizens of U. S 276 examination of. by county board of school examiners 280-81 certificates given to, by county board of school examiners 281 grades of, certificates 282 revocation or suspension of certificates 283, 453, 461 records of, certificates to be kept 284 list of, to be furnished township clerk 284 school district to employ legally qualified 288 in township school districts, by whom hired, contracts, etc 303 fees, to pay on obtaining certificates 382 may close school to attend institutes 385 registration of, desiring employment 390 duty of, as to truants 394 duty of, in reporting fraternities, sororities, etc 419 contributions of, to retirement fund 429 when entitled to annuity 431 school, what deemed 435 certificates u'iven to certain pupils of state normal school 452-53 state board of education to grant certain certificates 461 examination of, by state board of education 461 with whom to file certain certificates 463 who to appoint, for rural high schools 501 to make monthly report regarding children of indigent parents 516 how qualified by certificates of county normal training classes 520 how provided for 521 employment of, in day schools for deaf 585 in public institutions, superintendent of public instruction to approve qualifica- tions of 626 rBACHERS 1 ASSOCIATIONS : formation and Incorporation of 421-23 principal in rural agricultural school to have 556-57 FEATHERS' INSTITCTKS : superintendent of public instruction to appoint instructors, etc 19 funds for support of, how rained 382-83 annual, to be held in each county 384 counties may be united in 384 teachers mav close school to attend 385 conductor of, may be appointed. 385 expenses of, how paid state treasurer to aid state, to be held annually expenses of, how paid 388 expense vouchers for. where filed who may publish outlines for 40:< TEACHERS' KETIUE.MENT FUND: act providing 424-37 TEACHERS' RETIREMENT I IM> BOARD: WOO to compose, duties, etc 424-30 secretary of, salary, etc 425 TEACHERS' WAGES: when primary school fund insufficient to pay not affected because of holidays 265 TEACHERS WAGES FTND : ' *y money to be accounted for under 54 uship school district tax for 303 336 INDEX. The references are to compiler's sections. TERM OF OFFICE: of state officers 4-9 district officers 46, 120, 317 of members of certain city boards of education 164, 172 members of board of school examiners 277 of members of board of education, district of third class board of trustees of rural high schools 500 of trustees in cities of fourth chss 591 TERRITORIAL LIMITS : of school district, increase or decrease of TEXT-BOOKS : by whom prescribed not to be changed within period of five years on physiology, etc., by whom approved 60, 257, 462 use of, relative to nature and effects of alcoholic drinks 60, 803 to be approved by state board of education 60, 303 to be furnished to indigent children district board to purchase, when authorized 229-30 when to be property of district when proposals for, advertised who to make contract for furnishing who to estimate amount necessary to purchase 232 when district board to purchase 233, 257 penalty for failure of district board to comply with law only listed, to be used in public schools retail dealers' profit on purchase of, when family removes from district regulation of sale of conditions of sale of filing of copies of statement of price list of 22 bond to be filed by dealer in 236-3 abridged or special editions of combinations in, prohibited copy of list of, to be sent to school authorities illegal inducements to sale of sample copies of illegal charges for ^4 1 purchase and sale of, by districts ^ of resale of, on removal from district in township school districts, board of education to select when question of free, submitted to voters when, furnished free of charge 513 TOWNSHIP BOARD: may divide township into school districts school districts to be numbered by may alter boundaries of districts 26, 34, 190 clerk of, to notify taxable inhabitants of formation of district duties of, in forming fractional districts notice and number of meetings 33, 325 may attach certain non-residents to districts clerk of, to notify directors of alteration in districts to determine tax on division of district to apportion property on division of district 37-38, 335 when may appoint district officers 47, 48, 121 when may sell schoolhouse site director to report to records of, where kept library money subject to order of 84, 327 on determining site, to certify to directors 102 when to determine schoolhouse site 102, 327 appeal from action of 117-19 restricted in altering boundaries of graded school districts may dispose of library or merge into free public library 126 duties of, concerning libraries 126-3 to purchase books for township library 128, 327 to apply for library moneys 128, 327 to have care of township library when to issue bonds for free public libraries when may consolidate school districts examination of reports of, by county commissioner of schools township school district, meeting of, relative to organization when t9 divide property between fractional districts city districts, boundaries, authority to change when may submit question of rural high schools 498 may order election of trustees of rural high schools 500 to establish highway to every school building 624 TOWNSHIP CLERK : notice of formation of new district to be given by 27-28, 320 to give notice of meeting of township board 33 to notify director of alteration in district 36 director to make annual report to 69 to receive and dispose of communications 72 to make triplicate reports of school districts, etc 72 337 The references are to compiler's sections. TOWNSHIP CLERK. Con. to perform services require.! by superintendent of public instruction duty of, in distribution of primary money 72 duties of 72, 323 records, reports, books, etc., to be kept ..n tile by 72, 331 map of township to be tiled by, with supervisor 73 to report taxes to supervisor 74, 325 to apportion moneys to district 75-76 to give notice to director of moneys apportioned to apportion one-mill tax duty of, in appeals from township board 117 to represent township in legal action relative to libraries 126 report of. to superintendent of public instruction relative to libraries 133-34 liability for neglect in transmitting reports 141 liability for not reporting taxes to supervisor 144 list of teachers to be furnished to 284, 331 township school district, duty relative to organization o f 294, 297, 300 boundaries of city districts, map showing change in, tiled with 336 to draw books for township officers 336 to be clerk of board of trustees of rural high schools 500 tax for payment of tuition and transportation of pupils to be reported to 509 TOWNSHIP DISTRICT : organisation of 320-35 officers of, board 317 time and place of meeting of, board 323-25 board, duties of 327 amount of tax voted for 328 report of, board 331 disposition of property 332 compensation of, ooard 334 division of 335 TOWNSHIP SCHOOL DISTRICT : board of education to have charge of library in 126 when township board may divide, etc., boundaries of 190 relative to organization of 294 trustees in, election of 294 referendum on disbandment of 295 board of trustees for, term of office of, etc 297 when, altered by annexation to another township 318 when electors aggrieved by formation of 319 TOWNSHIPS: authorizing, etc., to operate systems of public recreation and playgrounds 627-30 TOWNSHIP TREASURER : warrants on, by whom signed 65-66 to apply to county treasurer for moneys 85 \ e notice of moneys to township clerk 85-86 when to take duplicate receipts 86 to draw warrant for collection of taxes S'.-'.HI duties relative to taxes in fractional districts 90, 94 to pay school taxes next to township expenses to hold moneys subject to proper orders and warrants 92, 327 library moneys to be paid by, to inspectors 128, 323, 327 to recover penalties, etc., from certain officers 141, 143 in township school districts, duty of 299 to be treasurer of board of trustees of rural high schools 500 TOWNSHIP I'MT DISTRICTS: organization of 294 in U. P., appointment of truant officers in 393 TRADK. K'lV . SCHOOLS : school district may establish, etc. . 524, 534 TKAIMNi; O (See county normal training classes.) TRAINING SCHOOL: in connection with state normal school 451 TRANSPORTATION: providing for, of eighth grade pupils 45, 508 of pupils to and from rural agricultural schools 553 TKKASlKKi; : of board of education, district of third class, duties 361 TREASURER OF in STRICT: acceptance of office u x r } to be member of district board &* wben and bow, may be removed and moderator to audit director's accounts oo to make certain report to district board Tl to pay orders legally drawn, from proper fund <| bond required of | deposit of moneys by J| to appear for district in suits '* money paid t>, from old district ' ' summons to be served on, in suits against district o t rtify judgment against district to supervisor penalty fur neglecting diit i--s may collect damages fn.m certain i. Hirers of hoard of education in township school district-, duties, etc 306, 314 (See district board, and moneys.) 338 INDEX. The references are to compiler's sections. TRESPASS ON THE CASE : against school district, justices of the peace to have jurisdiction in cases of TRUANT OFFICERS : how appointed compensation of to enforce compulsory education laws duty of, to examine into cases of truancy 394-95 to warn truants and their parents or guardians to make complaint in truancy cases to enforce act relative to education of blind children to investigate where children unable to attend school 513-16 monthly report made by, relative to children of indigent parents 515 TRUANT SCHOOL: . school district in cities of 250,000 may maintain, etc 376 TRUANTS : ungraded schools to be provided for to be tried by justice or recorder 395, 413 who deemed 402, 412 when sent to reformatory institutions 413 TRUSTEES : (See board of trustees.) TUITION : payment of, when pupils attend school in another district of non-resident pupils 64, 122 in school districts in cities of 250,000 may be charged for studies in high schools in township school districts, of non-resident pupils payment of, of eighth grade pupils 508-11 in another district 512 jjj UNI u. UNGRADED SCHOOLS: may be established in graded school districts Juvenile disorderly persons to be sent to. . ION SCHOOL DISTRICT: (See graded school district.) UNITED STATES: act giving assent to grant of moneys from, for co-operative agricultural extension work 566-67 UNITED STATES FLAG : purchase of UNIT SCHOOL DISTRICT : when township organized into UNIVERSITY : constitutional provisions relative to 5-7, 12 superintendent of public instruction to supervise instruction in regents of, may grant certain certificates president of. member of board of control for vocational education 570 UPPER PENINSULA : appointment of truant officers in V. VACANCY : -how filled in district offices 47-48 in board of trustees of graded school district how filled in board of school examiners in office of county commissioner of schools township school districts, in office of trustee in board of trustees of township school district in board of library commissioners (See appointment.) VACATION PERMITS : issue of, for employment of children VARIETY THEATERS : children not permitted in, etc VEHICLES : for transportation of pupils to and from rural agricultural schools 553 VENIRE : in proceedings to obtain site .' . . . 104, 106 VENTILATION : of schoolhouse, plans, etc., of heating system to provide for 601 VILLAGE COUNCIL: when may issue bonds for free public libraries 149 VILLAGES: authorizing, etc., to operate systems of public recreation and playgrounds 627-30 of contract by text-book manufacturers, reporting of 239 VISITATION : and examination of schools . 284, 286 VOCATIONAL EDUCATION : assenting to grant of money by U. S. for 568-77 state board of control for, who to compose 570 to co-operate with federal board 570 of minors not attending day school 578-80 VOTE INDEX. 339 The references are to compiler's sections. VOTERS : who are qualified 42, 297 challenge of 43 powers of 45, 90 registration of, in school districts 325, 327 qualifications of, in cities of fourth class 594 (See district meetings.) VOTES : cast by women at school elections in certain cities, to be returned separately 42 VOTING PRECINCTS : division of school district of third class into VOUCHERS : for expenditures for treasurer 71 for payments at teachers' institutes 389 W. WAGES : of school teachers not affected because of holidays 265 WARDS : school census to be taken by, in certain cities 67 WARRANTS : on state treasurer for primary school interest fund 22 on township treasurer 65-66, 84, 323 to township treasurer for collection of taxes 81-82 for moneys used in township school districts, who to draw, etc 305 WASHINGTON'S BIRTHDAY : observance of, by public schools 265 WATER SUPPLY : district to vote amount of money for 54 district hoard to furnish 59 WKSTERX STATE NORMAL SCHOOL: act to establish 462 certain department to be maintained at 482 WITNESSES: in proceedings to obtain site 107 summoning of, in cases where teacher is accused 283 WOMEN : who qualified to vote at school elections in certain cities 42 registered in separate register 42 qualified as voters at district meeting 42, 297 eligible to election as district officers 49, 297 WORK PERMITS : who to issue, to children 417 Y. YEAR, SCHOOL: when to commence, length of 11, 39, 42 UNIVERSITY OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW RnMcs not returned ou time are subject to a fine of expiration of loan period. 4 OCT 10 1928 20m-l,'22 438258 UNIVERSITY OF CALIFORNIA LIBRARY