UC-NRLF REVISION OF 1921 STATE OF MICHIGAN GENERAL SCHOOL LAWS COMPILED UNDER THE SUPERVISION OF CHARLES J. DELAND SECRETARY OF STATE BY AUTHORITY Lansing, Michigan Wynkoop Hallenbeck Crawford Co. State Printers 1921 EXCHANGE REVISION OF 1921 STATE OF MICHIGAN GENERAL SCHOOL LAWS COMPILED UNDER THE SUPERVISION OF CHARLES J. DELAND SECRETARY OF STATE BY AUTHORITY Lansinp. Michigan \V\nk<> ( . p n;i]lrii!. ( vk <'r;i\vford Co. State Printers 1921 -9 A EXCHANGE MEMBERS OF THE STATE BOARD OF EDUCATION. Term expires Thomas E. Johnson, Superintendent of Public Instruction, Secretary. .June 30, 1923 Allen M. Freeland, Grand Rapids June 30, 1923 Frank Cody, Detroit June 30, 1925 Frederick Albert Jeffers, Painesdale June 30, 1927 MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY. Thomas E. Johnson, Superintendent of Public Instruction, ex-officio. Junius Emery Beal, Ann Arbor December 31, 1923 Frank Bruce Leland, 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 Victor M. Gore, Benton Harbor December 31, 1929 Walter Hulme Sawyer, Hillsdale December 31, 1929 MEMBERS OF THE STATE BOARD OF AGRICULTURE. Thomas E. Johnson, Superintendent of Public Instruction, cx-officio. Clark L. Brody, Three Rivers -. December 31, 1923 Jason Woodman, Paw Paw December 31, 1923 Dora Hall Stockman, Lansing December 31, 1925 L. Whitney Watkins, Manchester December 31, 1925 John A. Doelle, Marquette December 31, 1927 Melville B. McPherson, Lowell December 31, 1927 t>77384 CONTENTS. CONSTITUTIONAL PROVISIONS. Sections. . Finance and taxation 1-2 Vrticle XL 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 Division 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 llaneous 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 K indergarten 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 Teaching of state and U. S. constitution 261-262 Fire drills in public schools 263 Publication of the proceedings of annual school meetings 264-265 Pun-huso and display of United States flag 266 -IK. ting days to be observed as holidays in the public schools. 267-268 Observance of Carleton day in public schools 269 Returns from incorporated institutions 270 State teachers' certificates 271-277 Granted only to citizens of United States 278 Supervision of private, etc., schools 279-285 CONTENTS. Sections. County commissioners and school examiners 286-297 Examination of candidates for admission to agricultural college 298-299 Meeting of school officers of county 300-302 Township school districts 303-328 Township school districts in upper peninsula 329-344 Change to primary school district 345-347 Boundaries of school districts in cities 348-351 Changing boundary of certain township districts 352-355 Classification of certain school districts 356-382 Powers of board of education in certain districts 383-397 Teachers' institutes 398-405 Bureau of information in office of superintendent of public instruction. . 406-407 Compulsory education 408-413 Compulsory education of deaf children 414-416 Compulsory education of blind children 417-418 Instruction, etc., of adult blind persons 419-422 Care and instruction of blind babies 423-427 Miscellaneous offenses^Crime and truancy Delinquency of children.. 428-431 Protection of children Employment of children Fraternities, sororities, etc., among public school pupils, abolished 434-436 Teachers' associations 437-439 Retirement fund for teachers State accounts Safe keeping of public moneys 454-461 State board of education 462-479 State normal schools 480-489 Physical training in public schools 490-493 Providing for physical training in state normal schools and certain city districts 494 Providing advanced courses of study to high school graduates in certain districts 495 Granting of diplomas by state board of education in connection with state normal schools 496 Loan funds for students 497-503 State library commission 504-506 Publication and distribution of laws and public documents 507-511 Rural high schools 512^519 Annual reports by librarians Payment of tuition of eighth grade pupils 522-525 Payment of tuition outside of district 526 Children of indigent parents, attendance at school provided -for County normal training classes '. 531-537 School districts empowered to establish trade, etc., schools and accept gifts, etc 538-539 Control, etc., of certain college of medicine and surgery 540-546 Certain proceedings validated 547 Acquisition of lands outside district limits for trade schools, athletic fields, etc 548 County schools of agriculture, manual training, etc 549-558 Rural agricultural schools, establishment 559-578 Promoting agricultural interests of the state 579 Legislative assent to grant of moneys from U. S 580-591 Vocational, etc., education for certain minors 592-595 Day schools for the deaf 59-6-601 Payment of sub-contractors 602-605 Cities of the fourth class School districts, and board of education...'. 606-611 Sale of tax homestead lands for school sites 612 Designating sites outside of certain districts 613-614 Approval of plans for school buildings 615-619 )NTENTS. Sections. :hool bonds 620-636 Voting, etc., school taxes in certain cities 637-643 Fire protection in the schools Establishment, etc., of highway to school building 645 Instruction and training of juvenile delinquents 646-647 Authorizing operation of public recreation and playgrounds 648-651 Authorizing use of schoolhouses as community or recreation centers. . . . 652 Providing homes for teachers 653-655 Salary of superintendent of public instruction 656 NOTE. The section numbers in parentheses ( ), are compiler's 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 210th Mich, report. The character / is used in citing cases, to avoid the repetition of Michigan. GENERAL SCHOOL LAWS OF MICHIGAN CONSTITUTIONAL PROVISIONS. I ARTICLE X. : AXD TAXATION. 1) SECTION 1. All subjects of taxation now contributing Primary lo the primary school interest fund under present laws shall fnSLt continue to contribute lo thai fund, and all taxes from such fund - 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 surplus of such moneys shall be added to and become a part of the primary school interest fund. -tatnte is not unconstitutional because is provides that the funds secured by the specific tax shall bo devoted to upbuilding the state high- i that It infringes the provisions of section 1, Art. X, of the consii- tution. limiting the sources of contributions to the primary school fund to ill at purpose alone. Jasnowskl v. Board of Assessors, 191/2S8. i - > SKC. 2. The legislature shall provide by law for an ^J* e for animal tax sulVieient with other resources to pay the estimat- expense;. e. tj i_>. ;>,. 7. the State may authorize the \\ of valuations and 'assessments by the board of state tax commissioners. Ceneral v. Board of Supervisors of Midland county, 178/513. ARTICLE XL EDUCATION. SD-TION 1. Religion, morality and knowledge being Kncoumge y to good government and the happiness of tnankind, education. and the means of education shall forever be encouraged. It was the intent of the constitution to separate the school organization from the general municipal government. Though municipal corporations. organised for the same purposes, with like powers and duties, cannot exist in tin- same territory, those having different purposes, rights and dutie>. may, and often do, occupy the same territory. Attorney General v. Thomp- son, l;s .Ml. Tin- language of this s.-ction is from the ordinance of 1787. The iva^crtion 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 sub- ject of education has from the beginning been of the most liberal character, indicates a settled purpose on the part of the state to provide, foster and protect educational facilities for all. Dennis v. Wrigley, 175/021, 025. 10 STATE OF MICHIGAN. Superintend- ent of public instruction. Term of office. Duties. Regents of university. Election. Vacancy. Name. President of university. Supervision of university. State board of education. Powers and duties. State board of agriculture. (4) SEC. 2. A superintendent of public instruction shall be elected at the regular election to be held on the first Mon- day 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 uni- versity, consisting of eight members, who shall hold the office for eight years. There shall be elected at each regular bien- nial 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 suc- cessors in office shall continue to constitute the body cor- porate 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 presi dent of the university and the superintendent of public in- struction shall be ex-officio members of the board of regents, with the privilege of speaking but not of voting. The presi- dent shall preside at the meetings of the board and be the principal executive officer of the university. The board of re- gents 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 wit i the control and management of the affairs and property of the university, al- though in making appropriations for its support the legislature may attach any conditions it may deem expedient and wise, and the appropriation can- not be received without complying with the conditions. lAgler v. Mich. Agri- cultural College, 181/559. (8) SEC. 6. The state board of education shall consist of four members. On the first Monday in April, nineteen hun- dred 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 follow- ing 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 pre- scribed by law. (9) SEC. 7. There shall be elected on the first Monday in April, nineteen hundred nine, a state board of agriculture to consist of six members, two of whom shall hold the office for two years, two for four years and two for six years. At GENERAL SCHOOL LAWS. 11 very regular biennial spring election thereafter, there shall e elected two members whose term of office shall be six years. "he members thus elected and their successors in office shall Name. e a body corporate to be known as "The State Board of Agri- ulture." (10) SEC. 8. The state board of agriculture shall, as often President of is necessary, elect a president of the agricultural college, ?fi?ege. tur vho shall be ex-officio a member of (lie board with the privi- ege of speaking but not of voting. He shall preside at the neetings of the board and be the principal executive officer of he college. The board shall have the general supervision of supervision the college, and the direction and control of all agricultural Ju college funds; and shall perform such other duties as may be prescribed by law. 1 J e E The state board of agriculture has exclusive control of the general funds >f Tli*- Michigan agricultural college. Bauer v. State Board of Agriculture, I'M iir,. Thf constitutional powers of the state board of agriculture with respect the college and its funds are the same as those of the board of regents the university with respect to the university and its funds. 'State Board ulture v. Auditor General, ISO/349, 359 ; Agler v. Mich. Agricultural lollege, 181/559, 501. See note to section 7. (11) SEC. 9. The legislature shall continue a system of Primary primary schools, whereby every school district in the state system, shall provide for the education of its pupils without charge 'or tuition; and all instruction in such schools shall be con- cted in the English language. If any school district shall gleet to maintain a school within its borders as prescribed 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 ensuing two ears as determined from the pay roll of said district for the liool year, and in case of a primary district, all tuition r the next ensuing two years, based upon the then enroll- ment 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 children be counted in making such apportionment until the amount of money in the primary school interest fund in said district shall be insufficient to pay teachers' wages or tuition as herein set forth for the next ensuing two years. I I urrent resolution No. 1, Public Acts of 1911, pages 7 S; rat ill. il April .". 1H11. i l_i BBC. H>. The legislature shall maintain (lie lllli * ,, n . t() ersily, ihe college of mines, the state agricultural college, the tSaintahT slate normal college and such state normal schools and Other t ucational institutions as may be established by law. STATE QF MICHIGAN. Disposition of certain educational money. Escheats. Saltspring lands, sale of, for benefit of agricultural college. Township and city libraries. Disposition of fines. Charitable institutions. (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 slate for educational purposes and the proceeds of all lands or other property given by individuals O'L' appro- priated by the slate for like purposes shall be and remain a perpetual fund, the interest and income of \vhich, 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 proceeds from the sales thereof shall be appro- priated exclusively to the support of the primary schools. (15) SEC. 13. The legislature shall appropriate all salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have already been sold, and any funds or lands which may hereafter be granted or ap- propriated for such purpose, for the support ami maintenance of the agricultural college. (16) SEC. 14. The legislature shall provide by law for I he establishment 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 in- habitants wdio are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported. STATUTORY PROVISIONS. Officers elected. Justices. Regents. Superintend- ent of public instruction. State board of education. ELECTIONS. [Extract from Chap. II of Act 203, P. A. 1917.] (18) SEC. 8. At each biennial spring election there shall be 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; (2) Two regents of the university, each for the term of eight years, beginning on the first day of January next fol- lowing his election; (?>) 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 following his election; GENERAL SCHOOL LAWS. 13 i ."> i Two members of the state board of agriculture, each sutr t.cmi r the term of six years, beginning on the first day of Janu- next Following his election. Act 1:711 ff v.n:;. i $ !;_'. C. r,. I'.iir.i. abulishii:- iho office of commissioner stat'- Iai:il nilic.-. transiVrs to tli- superintendent <>f ]>ul)Uc instruction duties of that ofjiciT "on the hoard of stale auilitors and all other hoards, Miiittccs or rMinniissioii* of wliicli tin- commissioner of the state land office virtue of his office a m< nil er." Till: PRIMARY SCHOOL SYSTEM. n Act to revise and consolidate the laws relating to public instruc- tion and primary schools, and to repeal all statutes and acts con- ?r,i veiling the provisions of this act. [Act H;{. p. A. ISM. | (' (if (lie >S'/'//r (tf Mirlih/tin (' CHAPTER I. Tin: sri-KKi. \TK.\I I:.\T OF PUBLIC INSTRUCTION. i) 5011. Si:< iiox 1. The superintendent of public Superm d- . \ , . * ent of public istruciion shall have general supervision of general ins true- instruction ion in all public schools and in all state institutions that are educational in their character, as follows: The university, the ;;gri( -ultural college, the institution for the deaf and dumb. iai the school for the blind, la) the state industrial school for boys, the state industrial home for girls, the state public school For dependent and neglected children, and tli3 home For the Feeble-minded, and any similar institution that may hereafter be created: Provided, That ail instruction from Provi-o. j - llie tiist to the eighth grade iindnsive in those subjects nl II I for aii eighth grade diploma, in all the schools of this state, public, private, parochial, or in connection with any stale institution named above, shall be conducted in the English language: but this provision shall not be construed s applying to the high school course of any school district this state maintaining a legal high school as defined in ct number sixty-live H' 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 ;;s aie maintained in the legal high schools of thi> >tate; nor shall this provision be construed as prohibit- ing icligious instinct ion in private or parochial schools given any language in adlition to the regular course of study. le shall reside 1 at the seat of the stale government and shall devote his entire time > the duties of his otlice. He shall te graduate of a university, college or stale normal school of " IT puiilir s. I; Let 148. P. A. 1017. 14 STATE OF MICHIGAN. Visit state institutions. Audit of accounts, etc. Statutory term of school. Annual report. good standing, and shall have had at least five years' experi- Duties. 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 at- torney general; (d) To examine and audit the official records and ac- counts of any school district, and require corrections there- of 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 documents of all state educational institutions so far as the same may be of public interest, and tabulated "statements of the annual reports of the several school officers of the town- ships 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 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 any county commissioner of schools or member of the board of school examiners when he shall be satisfied from sufficient evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office, or when he is incompetent to execute properly the duties of the office, or has been guilty of official misconduct, or of wilful neglect of duty, or of drunkenness. In case said superintendent shall determine the charges submitted to him are well founded he shall file with the governor a statement in writing showing the specific and definite charge or charges Teachers' Institute. May request removal of certain officers. ii GENERAL SCHOOL LAWS. 15 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 governor shall proceed to investigate the case as the statute provides; iiii The superintendent of public instruction shall have Power to , ,vj remove from power and is hereby required to remove from office, upon office. satisfactory proof and after at least ten days' notice to the } tarty implicated, any member of any school board except city school districts who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neg- lect to discharge any of the duties of his office, and in case of such removal it shall be the duty of the said state super- intendent 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 shali within thirty days after such removal institute proceedings before a court of competent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such proceedings to obtain such removal shall be discon- tinued or dismissed, the said order for removal from office shall stand and not be subject to attack by any legal pio- ceedings thereafter: Provided further, That when an officer is removed for cause he shall not again be elected or ap- pointed to said office for a period of at least five years there- after ; (j) To do all tilings necessary to promote the welfare of TO promote the public schools and public educational institutions and pro- v vide 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 wan-ant of the auditor general in the same manner s the salaries of other state officers are paid. Am. nrj. Instruction "*' *'' A ' 1! '' J1 ' ' s "'" i;r ' < ' )> ay tin- township clerk, who was powerless to alter or modify the action t' tin- superintendent of public instruction. Moiles v. Watson, 60/415. The '<: tin- district, to whom the money was paid, being assessor de facto. the qiieMion nf \\li.ther or not he was also assessor de jure could not be raisd in tliis cas-. Jd. It lias from the beginning been the policy of this state to maintain its primary BCfcooIfl for the education of children within school aire, ! -iat < i.d it has always caused to be set aside certain revenues, which, by statute ;u-e Mpportiuned to tin,' several counties according to the number <:f children residing in each county within the ap- limit, "as the same s'lall IK r, II by ih,. reports of the several school boards or school inspectors made" irpose. Muskegon Public Schools v. Wright, 176/6, 12. L': 1 . i r>i;ir>. Si:c. 5. Whenever the returns from any Proceedings county, t(.\\ -nsliip, city, or district, upon which a statement defective of the amount to be disbursed <>r paid to ;iny such county, n ' mrilr township, ciiy. or district shall be so far defective as to render it impracticable to ascertain the share of primary school in- terest 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 jiccordin^ly. .">(;!<;. Si:r. (J. Whenever any county, township, wi^n UD.S: Importance of. Sch. Dist. v. Snell 24/352. (28) 5650. SEC. 3. In case the inhabitants of any dis- trict shall fail to organize the same in pursuance of such failure to notice as aforesaid, the said clerk shall give a new notice in the manner hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been de- ivered. 20 STATE OF MICHIGAN. 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. (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. iSaginaw 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 al- ready organized and make an equitable distribution of the money, property and other material belonging to such dis- trict among the districts to which the territory thereof shall be attached, in accordance with the provisions hereinafter stated. PRESUMPTION OF LEGAL ORGANIZATION : When a district has exor- 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. Dist., 63/56; :Sch. Dist. v. Sch. Dist, 81/343; Bd. of Ed. of Traverse City v. Straub, 182/065. 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 of 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. GENERAL SCHOOL LAWS. 21 i.", I i r>i;r>:;. SKC. (>. The record of the first meeting Dim-tors- iade ly I he director shall be prima facie evidence of the facts herein set forth and of the legality of all proceedings in the g rgani/ation <>!' the district prior to the first, district meeting; mi nothing in this section contained shall be so construed as o impair the etVect of the record kept by the township board is evidence. , CORPORATE TOWERS OF DISTRICTS. 2) 5654. SEC. 7. Every school district organized in pursuance of this chapter, or which has been organized andabody' continued under any previous law of the state or territory of c< 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- ^y{ eand her 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 p werof - name shall bo capable of suing and being sued, of contracting md being contracted with, and of holding such real and M'l-sonal estate as is authorized to be purchased by the pro- isions of law. and of selling the same. rowWRS: Tin- school district, under our statutes, is a cor- and. as su<-h corporation. is represented by three officers: a nroder- tor. director and assessor. The affairs of the district are managed and con- rolled by them, under certain restrictions. Sch. Dist. v. Sen. Dist., 63/57. ! district can take and hold bequests of money for the maintenance f a puMir library for the use and benefit of the residents of the district. Maynard v. Woodward. 36/423. School districts, like townships and coun- -ul'divisioiis of the state. This section gives them the capacity to e and l)e sued. Van Wert v. Sch. Dist., 100/333. School districts are unicipal corporations. Seoley v. Board of Ed., 39/486 ; Sen. Dist. v. Gage, ' t^l: r.elles v. Burr. 76/1. And cannot be garnisheed even by their own ns.ni, unless the debtor alRo consents. Id. They preceded the constitution Stuart v. Scb. Dist., 30/69). and were recognized by that instrument. Burr. 7ft '11. It is familiar doctrine that school districts are state encies with limited powers, confined, generally, to those expressly enumerated ml those necessarily implied. Attorney General v. Detroit Bd. of Education, MI-SIT: This section gives school districts capacity to sue and be led. If the claim against the district is unliquidated, assumpsit will lie and liquidated the remedy would be by mandamus to compel the necessary action cause it to be paid. Waterman, etc., Co. v. Sch. Dist., 183/175. ALTERATION OF DISTRICTS. r,i;.V>. SEC. s. Whenever the township board shall ntemplate an alteration of the boundaries of a district, the boundaries township clerk (and for meetings of boards to act in relation boa{S wnshil> to fractional districts, clerks of' the several townships inter- ested i shall give at least ten days' notice of the time and of the meeiing of said board and the alteration pro- sed. i,y posting such notice in three public places in the Posting township or townships, one of which notices shall be in each "' <>f the districts that may be atl'ected by such alteration. When- Joint boards. ever the township hoards of more than one township meet, they shall elect one of their number chairman, and another clerk thereof. place posed f , . x\- 1 1 , 22 STATE OF MICHIGAN. NOTICE : The notice required is jurisdictional and indispensable. Coulter v. Inspectors, 59/391 ; Sen. 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/O35. 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 te 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. y. Sch. Dist., 63/51. Notice of posting notices in three public places is jurisdittional. Affidavit must show that the notices were so posted. Certiorari will lie to test validity of proceedings where petitioner moves promptly. iHuyser v. Board of School Inspectors, 131/568. FRACTIONAL DISTRICTiS : The action of the joint boards is required in case of fractional districts. 'Sch. Dist. v. Sch. Dist., 81/343. May detach, etc., property. Proviso, referendum. Unorganized territory. Notice to director of district affected by alteration. (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. Am. 1919, Act 351. People v. Davidson, 2 Doug. 121 ; Brewer v. Palmer, 13/104. Sec Sch. Dist. v. Dean, 17/223 ; Gentle v. iSch. 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. ild. 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: Lands 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 de facto formed by consolidation of other districts has been in existence two years or more the court will not set aside action of board. Howell v. Shannon, 130/556. POWER OF LEGISLATURE : The legislature may change the boundaries of district. Att'y Gen. ex. rel. Kies v. Lowery, 131/639. (35) 5657. SEC. 10. The township board shall attach to a school district contiguous territory in the township and not in any organized district. (36) 5658. SEC. 11. In all cases where an alteration of the boundaries of a school district shall be made, the town- ship clerk shall, within ten days, deliver to the director of each district affected by the alteration a notice in writing, setting forth the action of the township board and defining the alterations that have been made. GENERAL SCI DIVISION OF PROPERTY. (37) 5659. SEC. 12. When a new district is formed in Division of w ole or in part from one or more districts possessed of a poSeSed s( loolhonse 01- entitled to other property, the township board housesetc. ai the time of forming such new district, or as soon there- af or as may be, shall ascertain and determine the amount jn >tly due to such new district from any district out of which it may have been in whole or in part formed, as the propor- ti n of such new district, of the value of the schoolhonse ai d other property belon^in^ to the former district, at the ti ae of such division; and whenever by the division of any ^J^ n j iay district, the schoolhonse or site thereof shall no longer be apportion c< Mveniently located for school purposes and shall not be de- E si -ed for use by the new district in which it may be situated, tl e township board of the township in which such schoolhouse a d site shall be located may advertise and sell the same, jn d apportion the proceeds of such sale and also any moneys bt Imi-hi- to the district thus divided among the several dis- ti ids erected in whole or in part from the divided district. Sayinaw T\vp. v. Sch. Dist., 9/541; People v. Ryan, 19/203; Ramsey v. E^ erett Twp. Clerk, 52/344 ; Sch. Dist. v. 'Riverside Twp., 67/404. MOW DISTRICT: See Pine Sch. Dist. v. Wilcox, 48/404, and section 117 as to appeals. Bill to prevent the consummation of a void apportionment. S. i. li>t. v. Sch. Dist., 63/58. Bill to restrain the sale of the school- he use. Briggs v. Borden, 71/87. Upon the formation of a new district by tl. union of two or more, the new district succeeds to the credits and prop- *- y and is liable for the debts of the old ones.-nBrewer v. Palmer, 13/104; B, 96 -Ji'l. - i.'SS) ^ 5GGO. SEC. 13. Such proportion shall be ascer- t; ined and determined according to the value of the taxable urined p-opeity of the respective parts of such former district at tl e time of the division, by the best evidence in the power of tl e township board: and such amount of any debt due from JJj}J ^ il c former district, which would have been a charge upon the n '\v had it remained in the former district, shall be deducted f i om such proportion: Provided, That no real estate thus set Proviso. o'V. and which shall not have been taxed for the purchase or b lildin."- of such schoolhonse. shall be entitled to any portion thereof nor be taken into account in such division of district OUD DISTRICTS: Where the territory of a school district is orbed by other districts, tin- statin.- contemplate* that the township board ,1 make an equitable adjustment of property and debts so as to propor- n >n them fairly aim.!- the districts which have succeeded to the jurisdic- i >n .,t that which lias 1 ..... n divided. 'Ilalbert v. Sch. Districts, 36/421. here a school district has been subdivided and other districts set off, the s .'t the original district cannot ! parceled out among all by a proceed- 11 x in the conn i to fire creditors ,-i r.-mcdy a-ainst any but the orig- h , :l1 Turnbuil v. Alpena Bch. list., -iri/4'.m ; Malta v. Board of E location, -II 647. A debt once existing must remain a debt against the corporation tl.at created it, and its obligation is not destroyed by a change rat:.. n limits. If contribution is required, it must be obtained by rporation and i-.it by its creditors, unless otherwise provided bv law -'i'rnbull v. Alpena Sch. Dist., -IT, J'.i'.i. 24 STATE OF MICHIGAN. Annual school meetings, when held. School year, when to begin. Proviso. 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 school district organized and operating under a special act may vote at an annual or special meeting to hold its annual meeting on the second Monday in July. Am. 1921', Act 5. Notices of meetings. S 5662 ' SEC - 15 ' s P ecia l 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 no? e be m caiied. n tice required in the next succeeding section; but no special meeting shall be called unless the business to be transacted ma y lawfully come before such meeting, and no business shall in notice. 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 not ices, and if they be. sucb as, under a fair construction, to give notice to the electors of the purpose for wMch the meetings are called, they must be held sufficient. 'Peters v. Warren Twp., 98/55. SPECIAL MEETING : In order to constitute a legal school meeting, (be evidence must show that a legal petition was presented and a legal notice of the meeting given. 'Cent. Sch. Supply House v. Sch. Dist.. 09/402: 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 request 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. Proviso, duty of dis- trict officer to give. When annual meeting not illegal for want of. (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- ing shall be posted at the outer door of the district school- house, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a 1 schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That when any of the district board shall receive a request to call a special meeting, as pro- vided in the preceding section, he shall forthwith give notice, as above provided, of said meeting, which shall be called in not less than six nor more than twelve days from the lime the said officer shall receive the notice aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless GENERAL SCHOOL LAWS. it hall appear that the omission to give such -notice was wil- fu ami fraudulent. VlialVr v. Srh. Ii>t. N>. 1 of Baraga, 11G/20C; Johnston v. Mitchell, 1'J' 9S9. \'2) 5GG4. SEC. 17. In all school elections including who qualified so ool elections held in districts organized and governed in V( \\ ole or in part by a local act or acts, and including cities of the fourth class, any provisions in such local act or acts to tL j contrary notwithstanding, every citizen of the United Si ites of the age of twenty-one years, male or female, who OA ns property which is assessed for school taxes in the dis- ti ct, or who is the parent or legal guardian of any child of s( 100! age included in the school census of said district, and \v 10 has resided in said district three months next preceding Si id election, shall be a qualified voter. On the question of on voting v< ting school taxes, every citizen of the United States of the sc a ; e of twent\ --one years, male or female, who owns property u iich is assessed for school taxes in the district, and who h :s resided in the district as above stated, shall be a qualified v< 4er : Provided, That the purchaser of land upon a land Proviso, contract, who actually pays the taxes upon such land and la r< -sides thereon, may vote upon all questions; and where a Ii isband and wife own property jointly and same is assessed l'..r school taxes in the school district, each may, if otherwise (1 lalitied, vote upon all questions including the question of r lising money : Provided, however, That this act shall not be P^, cities applicable in any city having a population of one hundred or over. t ven ty -live thousand inhabitants or over which comprises a s ngle school district, but in such cities all electors who shall I 088668 the quul ilications specified in section one, article t iree, of the constitution of this state shall be qualified vot- ers in all school elections in such cities and shall be registered i i the same manner provided by la\v for the registration of < lectors in any such cit i<^. Am. 1JH7. A, | 7 : l'.Ul. A.-t ' (43) $ r.i ;<;."). Si:<\ is. If any person offering to vote at a challenging M-hool district meeting shall be challenged as unqualified by v ' any legal voter in such district, the chairman presiding at .-uch meeting shall declare to the person challenged the quali- ications of a voter; and if such person shall slate that he is 'jiialhied, and t he -challenge shall not be withdrawn, the chair- nan shall tender to him an oath, in substance as follows: 'You do swear i or al'linn i that you are a citi/en of the Oath tendered I'nited States, that you have been for the last three months actual resident of this school district, or residing upon erritory now attached to this school district, and that you pay a school district tax therein;'' and every person taking s oath shall be permitted to vote upon all questions pro- Ui is 26 STATE OF MICHIGAN. False oath deemed perjury. posed at such meetings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district., or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected ; and any person who shall wilfully take a false oath, or make a false affirmation, under the provisions of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner. Belles v. Burr, 76/6; Menton v. Cook, 147/542. (44) .5666. SEC. 19. If at any district meeting any per- son 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 per- son 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 pun- ished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the township, ward, or city where such offense shall be committed, shall have jurisdiction to try and determine the same. (45) 5667. SEC. 20. The qualified voters of any school district when lawfully assembled at the first and at each annual meeting or at an adjournment thereof, or at any special meeting lawfully called, except as hereinafter pro- vided, shall have power: First, At the first meeting and at any meeting after the organization of the district, in the absence of the moderator, to appoint a chairman for the time being and, in the absence of the director, to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify same to the director, to be by him entered in the records of the district; Second, To adjourn from time to time as occasion may re- quire; i Disorderly persons at district meetings. Penalty for disturbing meeting. Who shall have jurisdic- tion in trial. Power of voters at annual meeting. Chairman. Adjournment. GENERAL SCHOOL LAWS. 27 Third, To elect district officers as herein provided, and to Elect officers. (1 ;termine at what hour the annual meeting shall be held ; Fourth, To designate as hereinafter provided a site or such sites. lumber of sites as may be desired for school houses, and to lange same when necessary ; Fifth, To direct the purchasing or leasing of a site or sites Purchase, etc. 1 iwfully determined upon ; the building, hiring or purchasing ( f a schoolhouse or houses, or the enlarging of a site or sites j reviously established; Sixth, To vote such tax as the meeting shall deem sufficient Tax limit. 1 3 purchase or lease a site or sites, or to build, hire or pur- base a school house or houses ; but the amount of taxes o be raised in any district for the purpose of purchasing or uilding or altering a school house or houses in the same year hat any bonded indebtedness is incurred shall not exceed two iundred fifty dollars in districts containing less then ten :hildren between the ages of five and twenty years; in dis- ricts having between ten and thirty children of like age it ihall not exceed five hundred dollars; and in districts having jetween thirty and fifty children of like age it shall not ex- ceed one thousand dollars ; the foregoing tax when levied and Buiuiing collected, together with all funds derived from bonding for the same purposes, when received by the treasurer, shall be accounted for under the title of "building fund" : Provided, Proviso. That the money belonging to the building fund shall be used for no other purpose than that for which it was raised with- out a consenting vote of two-thirds of the tax-paying 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- 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- etc. trict, when the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions Suits - as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party or interested; Tenth, To appoint as in their discretion it may be necessary a building committee to perform such duties in supervising the work of building a school house as they may by vote di- rect; 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, except in school districts having an assessed valuation of less than seventy-five thousand dol- 28 STATE OF MICHIGAN. lars, the minimum number* of months shall not be less than eight, and in school districts having an assessed valuation of less than thirty thousand dollars and having less than thirty children of school age, the minimum number of months shall not be less than seven, on the pain of forfeiture of their share of the primary school interest fund ; but in case the people do not determine the length of the school year, then the district board shall determine the same, and in case the board or the district fix the length of the school year, and later in the year it is found desirable to increase the length of said school year, such action may be taken at a properly called special school meeting, or the board may take such action on peti- Proviso. t i on a ma jority of the resident qualified voters: Provided, That each school district may at an annual or special meet- ing vote to discontinue school in the district for the ensuing or current year and determine that the children resident Proviso, therein shall be sent to another school or schools : Provided, maintenance, m , , , . , . . . appropriation. That during the fiscal years ending June thirty, nineteen hundred twenty-two, and June thirty, nineteen hundred twenty-three, the sum of .two hundred dollars shall be paid out of the state treasury to any primary school district main- taining a one-room school for nine months in any school year if the school tax of the district on each one thousand dollars assessed valuation for seven months' school is twelve dollars or more for maintenance, exclusive of the two hundred dol- lars state appropriation. The cost of school sites, school buildings, and the alteration of school buildings shall not be when auditor included in determining the cost of maintenance. The audit- draw warrant, or general, upon receipt of a certified statement from the superintendent of public instruction, of the school disir id- entitled to receive said sum, shall draw a warrant upon the state treasurer in favor of the treasurer of each of said school districts entitled to the amount herein designated. Appropria- There is hereby appropriated out of the moneys in th<> treas- ury of the state of Michigan the sum of twenty-five thousand dollars for the fiscal years ending June thirty, nineteen hun- dred twenty-two, and the sum of twenty-five thousand dol- lars annually thereafter, or so much thereof as may be -necessary for carrying out the purposes of this act. The auditor general shall incorporate in the state tax for the year nineteen hundred twenty-one, and each year thereafter, the sum of twenty-five thousand dollars, or such part thereof as shall be necessary when collected to reimburse the gen- eral fund for the amount hereby appropriated and for the carrying out the purposes of this art, or it may vote to send only the children of the seventh and eighth grades to another school or schools if there are thirty-five or more chil- dren who attend school in the district, 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 SCHOOL LAWS. t< provide and equip a vehicle, to pay the tuition and trans- Vehicles. p >rtation of all such children, and if necessary vote a tax for > cli purposes. The vehicle used for the transportation of the Capacity, c illdren when the school is closed shall be of ample capacity, e s tall be enclosed to keep out rain or snow and shall be pro- \ ded with robes and footwarmers during cold weather. Am. 1921, Act 313. Moiles v. Watson, 60/415 : Detroit Board of Education v. Moross, 151/625. FOURTH : See section 102 as to the designation of school sites. FIFTH : A school district, contracting for the building of a schoolhouse A ithin a stated time, is bound to furnish a suitable site therefor, within such i asonable time that the contractors shall not be delayed on their part. Todd \ Sch. Dist., 40/294. Sureties upon a bond for the performance of a con- 1 act are released by an assignment of the contract and the grant of an oxten- f on of time to the contractor. Id. See Act 17 of 1915, sections 615-617. SIXTH : A school district in its annual meeting may lawfully recognize .' id pay equitable claims even though they are not strictly legal demands : ,'ainst it. IStockdalc v. School Dist., 47/226. The provision that no land ; iall be taxed for the building of schoolhouses, unless some portion thereof ; iall be within 1V. miles of the schoolhouse site, does not apply to a graded : :hool district. Keweenaw Ass'n v. Sch. Dist., 98/437. See Public (Schools . Van dor Lnan r 211/85. SKVKNTIl : Equitable claims. See notes to subdivision sixth. Certain harts, etc., held not to be necessary appendages, such as the director is equired to furnish. Gibson v. Sch. Dist., 36/404; Publishing House v. School >ist, 94/265. A school district has no power to levy a tax except for the - specified by statute. Hinman v. Sch. Dist, 4/168. See section 66, ubdivision 6. KM-:vi-:\TH: Tappan v. Sch. Dist, 44/500. The district board has >owor to contract with a qualified teacher for such term during the ensuing ear as shall be determined 4>y the qualified voters of the district at the nnual school meeting. Cleveland v. Amy, 88/1374; Moiles v. Watson, .11 HT. In exercising the discretion vested In the voters of a school district o discontinue school for a year, the school board are bound to furnish trans- mrtation and may determine the amount to be paid. The performance of such Inty may bo enforced by mandamus. (Dennis v. Wrigloy, 175/621. Where /oters of a district have voted to discontinue school and send the children to in adjoining district, at an annual or special meeting cannot rescind the action it a snii-:e<|iient meeting and reopen the school for the ensuing period. Meek r. Carpenter. 17^ .",17. MISCELLANEOUS: Gibson v. 'Sch. Dist, 36/404. Where a board of ducat ion erects a sc'iool building in such manner that ice and snow must inevitably slide from the roof into plaintiff's premises, there being no suffi- cient barrier to prevent, and fails, after notice, to remedy the defect, It may l>e held liaMe to him for injuries sustained in falling upon ice so precipi- tated, the trespass being the proximate cause of the injury. Ferris v. Board of I-M Ufa t ion of Detroit, 122/315. The neglect or refusal of the electors of ;i township to vote the amounts necessary to be raised for township and hool purposes is sufficiently shown, within the statutes authorizing the wnsliip board and the board of education, respectively, to vote the same such case, by a recital in the resolutions of the several boards voting such it the attention of the electors present at the annual meeting was Hod to the matter of voting upon such questions, and that they failed, glected, and refused to vote such sums as were necessary. Weston Lum- r Co. v. Town-hip perty jointly, regardless of the name which appears on wife. tli 3 assessment role, if otherwise qualified, each shall be el gible to election or appointment to school office. It shall Publisher's b( illegal for any member of the district board to act as ^ aj. ent for any author, publisher or seller of school books or si 100! apparatus, or to receive any gift or reward for his influence in recommending the purchase or use of any school b( ok or apparatus in the state of Michigan. It shall be il- Labor or le*al for any member of the district board to perform any n labor, except as provided in this act, or furnish any material or supplies for the school district in which he is an officer, and ho shall not be personally interested in any way what- CA er directly or indirectly in any contract with the district in which lie holds office. Any act herein prohibited, if performed Penalty. bv any such school officer, shall be deemed a misdemeanor, a id he shall be liable to the punishment provided for such oifense in accordance with the statute in such case made and Nrovided. (50) 5672. SEC. 5. Within ten days after their election r appointment, the several officers of each school district s'lall file with the director written acceptances of the office to which they have been respectively elected or appointed, ac- CDmpanied by an affidavit, properly acknowledged, that they are qualified voters, that their name appears on the assess- rient 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 before any officer authorized under the laws of the state to take acknowl- executed (d-ments cessary in order that the schools may be properly managed ; id maintained, and for the deficiencies in such funds for the ] -eceding year, if any. All such taxes when collected and i reived shall be accounted for under the title of "general find": all primary money shall be accounted for under the 1 tie of "primary fund": Provided, That the tax for ser- \ices of district officers in primary school districts shall be taxes. \ ated by the district board but it shall not be so voted until i le legal voters at an annual or special meeting called for i tat purpose have 1 determined the amount that each officer .'hall receive as salary per year. A salary once fixed by the 1 ?gal voters of a school district shall remain the same until handed by the legal voters at an annual or special meeting. Vhen the taxes herein provided for have been estimated and Assessment, oted by the district board, they shall be reported for assess- ment and collection the same as other district taxes. When May borrow. . ny tax has been estimated anfl voted by the district board or y the district under the provisions of law, and the money is ieeded before it can be collected, the district board may bor- ow on the strength of such a tax a sum not exceeding the otal of such tax. Am. 1021, Act 315. H $ r>(;77. Si:c. 10. The district board, or board of School board, 'ducat inn, shall, between the second Monday in July and the report taxes first Monday in August in each year, make out and deliver V( in the township clerk of each township in which any part of the district is situated, a report in writing under their hands nf all taxes voted by the district during the preceding year, and nf 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, ,. , . V . accounting of. and pay over all school moneys belonging to the district in 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- < i -' 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 It-gal authority before the commencement of his school. hool district shall apply any of the moneys received by Sectarian t from the primary school interest fund or from any and M 11 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. Seh. Dist. v. Cook, 47/112. 5 34 STATE OF MICHIGAN. Board to (57) 5679. SEC. 12. Said board shall present to the district, at each annual meeting, a report in writing, contain- ing an accurate statement of all moneys of the district re- ceived by them, or any of them, during the preceding year, and of the disbursements made by them, with the items of contents of. such receipts and disbursements. Such report shall also con- tain a statement of all taxes assessed upon the taxable prop- erty of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, and said report shall be entered by the director in the records of the district. Board (58) 5680. SEC. 13. The district board shall hire and teachers. contract with such duly qualified teachers as may be re- contracts. quired ; and all contracts shall be in writing and signed by a re h isterto ma jority of the board in behalf of the district. Said con- befkept. tracts shall specify the wages agreed upon and shall require the teacher to keep a correct list of the pupils, grading and the Record of age of each, attending the school, and the number of days each pupil is present, the aggregate attendance, average daily attendance, and percentage of attendance, and to furnish the director with a correct copy of the same at the close of school. Contract to Said contract shall be filed with the director and a duplicate Teacher must CO P^ ^ the contract shall be furnished to the teacher. No contract with any person not holding a legal certificate of qualification then authorizing such person to teach shall be valid, and all such contracts shall terminate if the certifi- cate shall expire by limitation and shall not immediately be renewed, or if it shall be suspended or revoked by proper legal defined m nth autnoritv - A school month within the meaning of the school laws shall consist of four weeks of five days in each week, unless otherwise specified in the teacher's contract. HIRE AND CONTRACT : The district in its corporate capacity is a neces- sary party to the contract. Wall v. Eastman, 1/270. A teacher can be lawfully employed only by convening the board. iHazen v. Lerche, 47/626. Contracts may be made before beginning of the school year. 3ch. Dist. v. Cook, 47/112; Tappan v. Sch. Dist, 44/500; Cleveland v. Amy, 88/376; Farrell v. Sch. Dist, 98/45. The power to employ teachers conferred upon district boards of primary schools by this section is co-extensive with that conferred upon the Jaoards of trustees of graded schools by section 122. Id. 376. Where a contract was signed by the director and the teacher, the moderator wrote "approved" upon it and subscribed it as moderator, such approval and signature was treated as, in legal effect, a signing of the con- tract. Everett v. Sch. Dist., 30/249. When the contract is signed by a majority of the board only. Crane v. Sch. District, 61/299. Simultaneous signing is not necessary. Holloway v. Sch. Dist., 62/155 ; Everett v. Sch. Dist, 30/249. It is the business of school districts to keep up public schools, and it is the duty of the officers to provide teachers and to make contracts with them. It is their duty to know under what conditions a teacher, whom they know to be teaching, claims to act. Holloway v. Sch. Dist., 62/155. A teacher has a right to suppose his contract to be a valid one when it is signed by a sufficient number of officers and he is, with the personal knowledge of the whole board, permitted and encouraged to go on. Id. 156. A contract valid on its face, actually carried out in full with the acquiescence of all concerned, cannot be subsequently repudiated. Id. The provision that the contract shall require the teacher to keep a list of the pupils, etc., is merely directory. Its omission will not invalidate the con- tract. (Everett v. Sch. Dist, 30/249. A district school board cannot dis- charge a teacher for incompetency, in the absence of a provision to that effect in the contract. Carver v. Sch. Dist, 113/524. Where a contract has been terminated by the board, mandamus will not lie to review "the board's action and compel payment of salary claimed under the contract. GENERAL SCHOOL LAWS. 35 Co in v. Detroit Bd. of Ed., 114/342; Langston v. Sch. Dist. No. 3 of Sp ingwells, 121/654. A resolution to hire does not constitute a contract. Al contracts must be in writing. Langston v. Sch. Dist. No. 3 of Spring- we .s, 121/654. QUALIFIED TBAOHHR: A teacher suing for his wages need not make pr :ert of his certificate, but the granting of it may be proved by parol. Sc . Dist. v Cook, 47/112. Normal school certificate not filed or recorded In the proper office (see How. 4909) until after contract made. Smith v. S< . Dist., C9/r>91. Since the statute makes invalid a contract, where the to. .-her holds no legal certificate, such contract cannot be made the basis of a ecovery of salary. 'Bryan v. Sch. Dist., 111/67. HOLIDAYS AND INTERRUPTIONS: Teaching contracts for stated periods ar subject to the observance of recognized holidays and there can be no do uctions for such occasions from a teacher's wages. Sch. Dist. v. Gage, 38 484 ; Holloway v, Sch. Dist, 62/156. Suspension of school during the pr valence of smallpox is no defense to the payment of the teacher's wages fo the time the school is closed. ODewey v. Sch. Dist., 43/480. Payment of wages after the burning of the schoolhouse. (Smith v. Sch. Dist., 69/589. CONTRACTS : Under this section, providing that school teachers' con- tr cts shall be in writing, and signed by a majority of the district board, and sh .11 specify the wages, etc., a resolution of a school board authorizing the en ployment of a specified person, though supplemented by conversations be- tv en such person and individual members of the board in respect to the te ms of employment, and by the action of the person designated in appear- in at the school at the opening of the term, and teaching for two days w :hout objection, does not constitute a contract of hiring binding upon the di trict. Langston v. Sch. Dist. No. 3 of Springwells Twp., 121/654. Under a teacher's contract providing that she should teach certain terms at a st pulated' salary "providing satisfaction is given to the school board" the b( ird had a right to say whether she should teach the spring term, and si > having been notified of their determination not to employ her before tl time for the term to commence she could not recover her salary though bt 'ore notice she had taught .one day under a claim that the spring term h<- d begun. Kingston v. Sch. Dist. No. 5, Decatur Twp., 140/603. When a teacher's contract provides that it may be terminated on thirty days' n< tice, a notice to terminate is effectual though given before the commence- m >nt of service and it is within the powers of the board of education to m ike such contract. Dees v. Board of Education of Detroit, 146/64. Under tl e above section, requiring all contracts by school district boards with te ichers to be in writing, an oral contract with a teacher to continue the P( hool for a month, after the expiration of his written contract is not enforce- Rle though such teacher has performed the services. Hutchins v. School Vo. 1 of Colfax Township. 128/177. TS AND nrALIKIKD TKACHERS : A contract between a icher and a graded school district is invalid, unless the teacher, at the ti nc of making the contract has the certificate required by section 290, ai.thorizing her to teach during the term covered by the contract; obtaining a certificate after the making of the contract, and before the commencement ol school, is not a compliance with the statute. McCloskey v. Sch. Dist. No. iland, 134/235. (59) 5681. SEC. 14. The district board shall provide a careanduse \\ater supply for pupils, have the care and custody of the house. 001 school house and oilier property of the district, except so far as the same- shall by vote of the district be especially con- fided to the custody of the director, including all books pur- chased for the use of indigent pupils, and shall open the s -hool house for public meetings unless by a vote at a district rie'tiur it shall be determined otherwise: Provided, That Board may said board may exclude such public meetings during the five m2ting?at Uc x hoid days of each week of any and all school terms, or such certain times - j arts thereof as in their discretion they may deem for the test interest of the schools. ,- The board has th<- . ;m> ; unl custody of all the property and moneys of - district, except what may i- c-sprri;iiiy confided to the director. (Maynard Wondwanl. 86/424; Kkhanit v. I'arl.y.' 11^/199. (60)' 5682. SEC. 15. In addition to the branches in Branches of which instruction is now required by law to be given in the In public schools of the state, instruction shall be given in physiology and hygiene, with a special reference to the nature 36 STATE OF MICHIGAN. Text-books. Teacher to certify. of alcohol and narcotics, and their effects upon the human system. Such instruction shall be given by the aid of text- books in the case of pupils who are able to read, and as thoroughly as in other studies pursued in the same school. The text-books to be used for such instruction shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall con- tain at least twenty pages of matter relating to this subject. Text-books used in giving the foregoing instruction shall first be approved by the state board of education. Each school board making a selection of text-books under the provisions of this act shall make a record thereof in its proceedings, and text-books once adopted under the provisions of this act shall not be changed within five years, except by the consent of a majority of the qualified voters of the district present at an annual meeting or at a special meeting called for that pur- pose. The district board shall require each teacher in the public schools of such district, before placing the school register in the hands of the directors, as provided in section thirteen of this act, to certify therein whether or not instruc- tion has been given in the school or grade presided over by such teacher as required by this act, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neg- lecting or refusing to comply with any of the provisions of this act shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to its office. This sec- tion shall apply to all schools in the state, including schools in cities or villages whether incorporated under special char- ter or under the general laws. Western Pub. House v. Sch. Dist, 94/265. This section applies to city schools organized under a special charter which does not provide for an annual school meeting. Jones v. Board of Ed. of Detroit, 88/373. The power to adopt text-books is conferred by law and cannot be affected by any rule of the board of education fixing a time' for the reconsideration of motions and resolutions. ild. 347. As to suspension of by-law regulating adoption of text-books, see Kendall v. Board of Education, 106/681. TEXT-JBOOKS : The provision of the law that text-books once adopted shall not be changed within five years, was designed t'o protect the public and not for for the benefit of book publishers. A resolution of the board direct- ing the purchase of a specified number of text-books for use in the school constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the books were completely installed in the school. The provisions of the statute that all text-books shall be uniform on any one subject, requires uniformity in the books used in the same grade only, and does not require that all text-books used in the different grades on the same subject shall be of the same series. A resolution of the board to purchase certain text-books for "supplementary use" shows no intention to adopt, and is illegal and void. Att'y Gen. ex rel. Marr v. Bd. Edu. Detroit, 133/681. Under the local act creating it (Act 233 of 1869) the Detroit board of education cannot buy school books for high school students and sell them at cost. Attorney General v. Board of Education, 175/438. (61) 5683. SEC. 16. The district board may purchase at the expense of the district, such text-books as may be neces- sary for the use of children when parents are not able to furnish the same, and they shall include the amount of such Penalty. Application of act. Purchase of books for poor children. GENERAL SCHOOL LAWS. 37 ] urchase in the report to the township clerk or clerks, to be vied in like manner as other district taxes. Mil' i $ :>r,s|. Si:c. IT. The district board shall have the Board to enenil care of the school, and shall make and enforce suit- rules for hie rules and regulations for its government and manage- scnools - i lent, and for the preservation of the property of the district. laid board may authorize or order the suspension or expul- May suspend ion from the school, whenever in its judgment the interests disorderly T the school demand it, of any pupil guilty of gross misde- pupils - icanor or persistent disobedience. Any person who shall Penalty for (isturb any school by rude and indecent behavior, or by pro- school. n| a iic or indecent discourse, or in any other way make such list u rba nre, shall, on conviction thereof, be punished by a ine not less than two nor more than fifty dollars, or by mprisonnient in the county jail not exceeding thirty days. KX1TL siox : It is not necessary that a pupil be guilty of a criminal act efore he can be suspended or expelled from school. He must be guilty of nine wilful or malicious act of detriment to the school and the misconduct mist le H 'thing more than a petty or trivial offense against the ules or he must he persistent in his disobedience of the proper and reason- ihle rules and regulations of the school. A boy cannot be expelled or sus- pended for a careless act, no matter how negligent, if it is not wilful or Malicious. Hidman v. Sell. Dist.. 77/609. M !S1>1-:.M KA.NOR : The meaning of the word "misdemeanor" in this sec- tion is cross misconduct or gross misbehavior, not necessarily a criminal act. MM: man v. Sch. Dist., 77/606-7. 'l'ii.- ruling of the school hoard of 18JH required all children to be vaccinat- ed before attending the public school. George Mathews, having three chil- dren <.f school age, who had not been vaccinated, brought mandamus pro- cerdings in the circuit court to compel the school board to admit the chil- dren to the puhlic school. Held, that school board under this section had no authority t<. compel children to be vaccinated before entering public school. It is the ..pinion of the court, however, that in case there had been an epi- demic of smallpox in the city at that time the h-.ard would have the authority to temporarily close the school, or say who shall be excluded from the school until the epidemic is passed. A school district board, by virtue of the auth- ority conferred on it hy statute to enact rules for the management of the schools, has no power to adopt a general, continuing rule, operative without re-mi to varying conditions, excluding from the schools all pupils who have ". t 1 n vaccinated. Mathews v. Kalamazoo Board of Education, 127/530. Kt'LKS: A hoard of education under authority of the statute has power to make rules requiring children to go directly home after school. A prin- cipal is not liable for damages who enforces such a rule. Jones v. Codv. 1 tL / 1 . . :::> r>r,sr>. Si:<\ IS. All persons residents of any school district, and live years of jige, shall have an equal right to attend anv school therein; ami no separate school or < lei >art- N separate , :. , . school on ment shall he Kept tor any persons on account of race or account of color: Provided, That this shall not be construed to prevent race ' et the grading of schools according )<> ihe intellect ual progress n:;. And* mandamus will lie at the instance a father to coin]. el ih.- admission of his child to school. Id. But chil- Iren. not hmia tide residents of a family in a school district but inmates in in Institution of a charitable nature in such district, engaged in supporting iml educating homeless and needy minors, and which does not contrihute hv frying taxes to the maintenance of district schools, are not entitled to attend hool in a district which has determined not to admit non-resident pupils. nu v. \>\ol officers arc not liable as guarantors. Bailey v. Tompkins, 127/74. Director, duties. DIRECTOR. (66) 5688. SEC. 21. It shall be the duty of the director of each school district: First, To act as clerk, when present, at all meetings of the district and of the board; GENERAL SCHOOL LAWS. 39 _ond, To record the proceedings of all district meetings, TO record iiid the minutes of all meetings, orders, resolutions and other pro >roceedings of the board in proper record books ; Third, To give the prescribed notice of the annual district Notice of neeting, and of all such special meetings as he shall be re- r piired to give notice of in accordance with the provisions of I aw; Fourth, To draw and sign warrants upon the township warrants :reasurer for all moneys raised for district purposes, or ap- a portioned to the district by the township clerk, payable to the treasurer of the district, ami 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. Hack order shall specify the object for which and the fund upon which it is drawn; Fifth, To draw and sign all contracts with teachers, when Teachers' directed by the district board, and present them to Hie other w members of the board for further signature; Sixth, To provide the necessary appendages for the school Appendages, house and keep the same in good condition and repair during the time school shall be taught therein. Necessary append- what ages within the meaning of the law shall consist of the follow- cc 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 soap, and upon the order of the district board shall furnish the I school house with such other apparatus as may be necessary t her i . /K. . J apparatus. for doing efficient work; Seventh, To keep an accurate account of all expenses in- curred by him as director, and such accounts shall be audited by the moderator and treasurer, and on their written order shall be paid out of any money provided for the purpose; Kighth, To present at each annual meeting an estimate of Estimate of I lie expenses neressary to be incurred during the ensuing year e> liv I he director as provided by law, and for the payment of the services of any district officer; Ninth, To preserve and file copies of all reports made to TO preserve the school inspectors and safely preserve and keep all books, r< papers and other documents belonging to the office of director or to the district, when not otherwise provided for, and to deliver the same to his successor in office; Tenth, To perform such other duties as are or shall be re- other duties, quired of the director by law or the district board. si;r<>M>: Prori'i'dinjis which an- required to be recorded cannot be prov.i by parol. Thompson v. S ( -h. I>i district is an official order for the transfer of funds, 40 STATE OF MICHIGAN. not negotiable and not legally payable to any person but the officer named. Fox v. Shipman, 19/218 ; Burns v. Bender, 3'6/195. See Sen. Dist. v. Mal- lary, 23/111 ^ Sen. Dist. v. Sen. Dist., 40/551. The duty of procuring this transfer of district moneys, within some reasonable time is not discretionary, but absolute, upon the director, and the moderator is bound to countersign all orders of the director for that purpose. Burns v. Bender. 36/197. The township treasurer must pay so much of the money in his hands as is cov- ered by the director's warrant in proper form, even though it does not specify a precise sum, but is for all such money in his hands as was raised for the purposes of the district. Bryant v. Moore, 50/225. The disbursement of all school moneys must be_ made upon orders drawn on the assessor by the direc- tor, countersigned by the moderator. Burns v. Bender, 36/195; Midland Sen. Dist. v. Sen. 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 Harntramck v. Holihan, 46/127. SEVENTH : Assumpsit will lie in favor df the director of a school dis- trict on a disputed claim, the moderator and assessor having declined to pass upon the same as an entirety under this subdivision. Van Wert v. Sch. Dist., 100/332. EIGHTH : Prior to l'S'59, no provisions of law existed for paying any of the officers for services rendered. Hinman v. 'Sen. Dist., 4/168. Annual school census. How and when taken. How lists verified. Compensa- tion. How taken in certain cities. (67) 5689. SEC. 22. There shall be taken annually in each school district of this state a school census in the manner provided in this section : First, In all school districts, except in incorporated cities having a population of three thousand or over and except in counties having a population of two hundred fifty thousand or over, within fifteen days next previous to the first day in June of each year, the director, or some other reputable and capable person shall be appointed by the district board to 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 par- ents or legal guardians reside therein, the names of said par- ents or guardians, giving street and residence number in vil- lages and cities, in such form as the superintendent of public instruction may prescribe, and said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that 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 re- siding 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 re- turned with the annual report of the director to the town- ship 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 hun- dred 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 reput- GENERAL SCHOOL a le and capable person or persons employed by the board of e ucation, shall take the school census of said city as follows: (a) The census shall be taken and reported by wards; MM Kadi enumerator shall make a list ill writing of the n nnes ami ages of all children who are five years of age and n ider t \veniy years of age, whose parents or legal guardians r -side in the ward or portion of the ward allotted to said c mineral or. together with the names of said parents or legal <: lardians. giving the street and residence number in each ciso. said list to be in such form as the superintendent of ] nblic instruction may prescribe, and it shall be verified by t le oath or ailirmation of the person making the same, by ; Hidavit appended thereto or indorsed thereon, setting forth 1 lat the person or persons taking such census made a house t > house canvass of the entire ward or portion thereof can- > asse* 1 by rred in his office the entire census taken by him or by c -lumeralors appointed by him. The said ruminissioner of ^hools shall then attach to the census lists of the several stone districts nf the county his affidavit that the several enumerat- ( rs were duly employed by him and that said census has been I roperly compared and corrected ; and forthwith, and before i ic second Monday in September thereafter, transmit to the s jperintendent of public instruction the entire census by dis- iricts, together with his affidavit and the affidavits of the heveral enumerators. The actual and necessary expense in- i in-red by ihc commissioner of schools in taking the census in is own county shall be audited and allowed by the board of upervisors or the county board of auditors. Am. 1!-'1. Act 10.,. If was MM improper exorcise of the discretion of the superintendent of pub- c instruct inn to njVrt fr,m the list of nnnios 01 school children, whose par- -uardians. ns shown in the- report of the secretary of the public schools, csid (1 in tin' district, and it was unlawful to reject the names of five children ho wen- orphans attending school in the city and living with relatives that hind in ! co pinntis. Muskegon Public Schools v. Wright, 176/6. I US) 5(11)0. Si:r. 22a. Any person who shall refuse to ;ive anv census enumerator of school children the necessary information . J for school nformation for tlie compiling of a correct census or who census. ;hall intentionally give to such enumerator any false informa- ion as to the names or ages of school children or as to the mines or residence of I he parents or guardians of any school hildren. or any school census enumerator who shall per- 'orm his duties carelessly or negligently or shall include in the list of names of school children anv children who are not (dually residents of the city or district, shall be guilty of a misdemeanor, and upon conviction thereof in a court of com- ix-lent jurisdiction, shall be liable to a* fine of not less than five dollars nor more than fifty dollars, or to imprisonment in I the county jail for not more than twenty days, or both such line and imprisonment in the discretion of the court. !. $ :.y the district treasurer to the district. It shall be the duty >f tlie treasurer of said district to see that a sum in excess of Ihe 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 deter- mine bv resolution the time for which such deposits shall be made, and all details for carrying into etl'ect 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 publicity and shall be opou at all rimes to public inspection: Provided, That the electors at the annual meeting may designate a depository or depositories in which the funds of the district shall be deposited: Pro- vided, however, That upon failure of the electors at such designated. 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 fun-Is of the district shall be deposited. Upon designation of any depository or depositories in compliance with the provisions of this section, it shall be the duty of the treasurer to deposit all funds of the district therein, and in such proportion and manner as may be provided by said district board. Every such depository so named shall give such bond as the district board may require and approve for the safe-keeping and ac- counting of such funds, in which case the treasurer shall not lie held liable for any neglect or default by any such depos- itory or depositories ; Second, To pay all orders of the director, when lawfully orders. drawn and countersigned by the moderator, out of any moneys in his hands belonging to the fund upon which such orders may be drawn ; Third, To keep a book in which all moneys received and li.-nnl k.-pt. 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 Annual 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. suits brought by or against the same when no other direc- 46 STATE OF MICHIGAN. 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 ap- pear for such district if no other directions be given as afore- said ; 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 remain- ing 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 i:i h's hand when demanded by his successor, upon a claim that he is entitled to b> personally notified of such election and acceptance of office. He is ch.rg. able with notice of such facts and is liable to an action for money h d a.ul received as well as action on his bond. Mason v. Sch. Dist., M4/22S. S.-e Welch v. Frost, l/3'O ; also Bryant v. Moore, 5O/2ar. SECOND: iSee section Go, subd. '2, and section- GO, subd. 4, and n;>t / 4W>. 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 ruiuire an assessor to pay a warrant drawn 1 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 mouer.it or 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 v ters, as such, cannot interfere. Sch. Dist. v. Wing, 3O/351. See Benallcck v. People, 31/204. An appeal taken in the name of the district witnout 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 direc- tor's warrants, see Burns v. Bender, 3'6/iy7. 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 beco-me a preferred creditor upon failure of bank. lid. of Bd. City of Detroit v. Union Trust Co., 1316/454. LIABILITIES ON BOND: Misconduct of a board of education in appoint- ing a certain person treasurer in consideration of a promise to pay interest on funds does not render appointment void nor release sureties. The depositing of funds in a bank of which the treasurer is an officer does not make the de- posit the board's act so as to release sureties on the treasurer's bond.- -P. ml of Education of Detroit v. Andrews, 142/4X4. See Twp. of Wexford v. Seeley, 196/634. Triplicate reports, when township clerk to make, etc. CHAPTER IV. TOWNSHIP CLERK. (72) 5694. SEC. 7. The township clerk shall receive the annual reports of the school directors of his township, and on the first Monday of August in each year he shall make triplicate reports setting fotth the whole number of school GENERAL SCHOOL LAWS. istrirts in his township, if any, the amount of money raised ; nd received for school libraries and such other items as -hall from year to year he required by the superintendent of i'liblic instruction, together with the several particulars set orth in the reports of the several school directors for the receding year, and within ten days thereafter he shall 1'or- vard two copies of the same, together with two copies of copies, ach of the reports from school directors to the county com- SJJJ 8 nissioner of schools and tile the other copy or copies of these eports in his office, and he shall receive all communications, danks and documents transmitted to him by the superin- endent of public instruction- and dispose of the same in the nanner directed by said superintendent: Provided, That in Proviso, in ase the township is organized into a township district or a township fractional township district the board of education of such disl township district or fractional township district shall meet on the first Monday in August and make the triplicate re- * ports to the superintendent of public instruction, and in such cases this report shall take the place of the report above pro- vided for to be made by the township clerk, and the said board shall dispose of its reports in the same manner as is' provided for the township clerk: Provided further, That the Further /. i i i 11 i i proviso, county commissioner ot schools shall annually send to each legally township clerk and to the secretary of each board of educa- teachers. 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 mini red by law during the preceding year by a legally quali- tied teacher, no part of the primary school interest fund shall Primary 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 taught, and it shall be the duty of the township clerk or the board of education, when said board shall make the re- ports as hereinbefore provided, to certify all these facts as to the employment of teachers to the superintendent of public instruction. : II iis 1 ;, iiH-iusiv. ;M..I s.i-tion 8 were repealed by Act 29 of 1909. i 7:1 1 .")(;!).">. SKC. 1). Each township clerk shall make orMapshow- 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 Copies, said clerk in his office and one other copy he shall file with the supervisor of the township. If any division or alteration Alterations. 48 STATE OF MICHIGAN. 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. IfairchiM. 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. To notify directors of amount ap- portioned districts. (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 school house or other property on the division of the district as the same shall have been de- termined by proper authority, and he shall also certify the same to the director or secretary of such district and to the director or secretary of the district entitled thereto. (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 the statement from the superintendent of public instruction sent to such township clerk and based upon the annual report of the school directors or the secretary of the board of education for the preceding school year, and he shall file said statement from the superintendent of public instruc- tion permanently in the records of his office. (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- 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 ap- portionment of the primary school interest fund, or moneys raised by tax, or received from other sources, is made, he shall give notice of the amount to bo received by each district to the director thereof. I GENERAL SCHOOL LAWS. 49 TOWNSHIP sri'KIiVlSOK AM) TUKASl'KKK. (77) 5009. Si:r. 1.",. It shall be (be duly of the super- visor of the township io assess the taxes voted by every school o distrct d strict in his township, and also all other taxes provided taxes> f< r in this act, chargeable against such district or township, u >on the taxable property of the district or township re- s cdively, and to place the same on the township assessment r 11 in the column for school taxes, and the same shall be collected and returned by the township treasurer in the same n aimer and for the same compensation as township taxes. J any taxes provided for by law for school purposes shall Taxes not f il to be assessed at the proper time, the same shall be proper time. a ., Sl/ii71. See Union Sch. Dist. v. Parris. 97/596. (78) 5700. SEC. 14. The supervisor shall also assess Assessment of i pon the taxable property of his township, one mill upon 01 ( ich dollar of the valuation thereof in each year, and report tie aggregate valuation of each district to the township clerk, who shall report said amount to the director of each s.-hool district in his township, or to the director of any. fractional school district a portion of which may be located ii said township before the first day of September of each \car: Provided, That before the supervisor shall assess said Proviso, lax he shall examine the reports of the several school dis- Sent SSTto trirts in his township for the preceding year and if said bemade ' icporis show, exclusive of funds raised for building purposes, balance on hand in any district of a sum equal to or in xcess of the amount paid for teachers' wages in said district luring the preceding year, then said supervisor shall not ihe one-mill tax upon the property of such district for I he ensuing year. All moneys raised by one mill tax shall beMoneysap- appoitioned by the township clerk to the district in which fownTlerk. t was raised, and all moneys collected by virtue of this act luring the year, on any property not included in any organ- xed district, or in districts which have not maintained school for the required period during the previous year, shall >e apportioned to the several other school districts of said township that did maintain school, in the same manner as ihe primary school interest fund is now apportioned. A 1 My here no moneys accruing from the one-mill tax upon the properly of 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 the required period by a qualified teacher. S.-.- Sa.uinnw Tup. v. S.-i.uin.-iw. '.t r,H ; Tup. ,,r I >, ..-rli.-M v. IFurpi-r. 11." 50 STA/TE OF MICHIGAN. Proviso. How such taxes to be applied. Taxes in fractional districts. Proviso. when district (79) 5701. SEC. 15. The amount to be assessed upon certain taxes the taxable property of any school district retaining the to be assessed. sc hoolhouse or other 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: Provided, That if the district retaining the schoolhouse shall vote to paj r , 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 asses- sor of the new district ; and if wrongfully paid to the old one, the new dis- trict may maintain an action for money had and received, against the old district. Sch. Dist. v. Sch. Dist.. 40/591-. (80) 5702. SEC. 16. The full amount of all taxes to be levied upon the taxable property in a fractional school dis- trict 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 town- ships 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 super- visors shall respectively ascertain the proportion of such taxes, including mill tax, to be placed on their respective assessment rolls, according to the amount of taxable property in each part of such district. And if said supervisors cannot agree as to the proportion of such taxes to be placed on tbeir respective assessment rolls, a supervisor from an adjoining township shall be called to meet with said supervisors in said fractional district and assist in equalizing said valuation. Said supervisor to be paid at the rate of three dollars per diem for the time necessarily employed in attendance at such In cases of disagreement of super- visors. GENERAL SCHOOL LAWS. 51 UK ?ting of the supervisors, and all necessary traveling ex- pe ises, by the townships in interest. SI i g r>l():\. SKC. 17. The supervisor, on delivery of the statement to w; rrant for the collection of taxes to the township treasurer, SMUT!?. sh.ill also deliver to said treasurer a written statement of the an ount of school and library taxes, the amount raised for di trict purposes on the taxable property of each district in th ^ township, the amount belonging to any new district on tli ' division of the former district, and the names of all per- so is having judgments assessed under the provisions of this a< : upon the taxable property of any district, with the amount p; yable to such person on account thereof. I Si') 5704. SEC. 18. The supervisor of each .township, statement to 01 the deliver of the warrant for the collection of taxes to treasure? of tie township treasurer, shall also deliver to said treasurer a w -it ten statement, certified by him, of the amount of the one- in 11 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 ol some other township; and the said township treasurer si all pay to the township treasurer of such other township tl e amount of the taxes so levied and certified to him for the H t>\vnship treasurer has no right to receive for *<:hool moneys anything which the law has not authorized to be r< -crived. )f he does so and receipts for the taxes, he must make ^ ><>d the amount. Jours v. Wright, :;- ::7'J : Sch. I>ist. v. Sch. Dist., 4n .V.I. S Elliott v. Miller, s IHli. and notes to section I'l.'W. C. L.. HH*. The liability of a town- ship treasurer for school moneys is distinct from his ordinary liability for 52 STATE OF MICHIGAN. township moneys, and it cannot be released or in any way affected by tho ac- tion of the township board. Jones v. Wright, 34/372. As to the custody, etc.. of school district moneys, see notes to section GO, 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 town- ship treasurer. .Smith v. Jones, 136/53>2. Designating depository for town- ship funds, see Act 305, P. A. 1909, ( 2134, C. L. 1>915). Township treasurer to apply to county treasurer for moneys. Moneys of frac- tional districts. Duplicate receipt. (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 districts thereof; and on receipt of the moneys to be apportioned to the districts, he shall notify the township clerk of the amount to be apportioned. (86) 5708. SEC. 22. The treasurer of a fractional school district of a township to the clerk of which the returns of such fractional school district 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; an:l the tre.isnrer pay- ing 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 whose fractional school district's treasurer he has paid any money on account of such fractional school district, which shall be specified in the receipt. Am. 1921, Act 51. CHAPTER V. County clerk to receive and dispose of communica- tions, etc. County clerk to examine reports, etc. Notice of apportion- ment of moneys. County treas- urer to apply for moneys apportioned. COUNTY CLERK AND TREASURER. (87) 5700. 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 shalf file the same in his office, and forthwith deliver a copy thereof to the county treasurer. (89) 5711. SEC. 3. The several county treasurers shall apply for and receive such moneys as shall have been appor- tioned to their respective counties, when the same shall be- GENERAL SCHOOL LAWS. 53 COD e due; and cadi of said treasurers shall immediately give nol ce In the treasurer and clerk of each township in his clerks o 4-01: ity. of the amount of school moneys apportioned to his :u toy nship. and shall hold the same subject to the order of the tov nsliip treasurer. CHAPTER VF. BONDED INDEBTEDNESS OP DISTRICTS^ koO) jj .'nil 1 . SECTION 1. Any school district may, by a Authority to jority vote of the qualified voters of said district present at in annual meeting or at a special meeting called for that pn -pose, borrow money, and may issue bonds of the district thirefor, to pay for a schoolhouse site or sites, or to pay foi an addition or additions of territory to a schoolhotise site or sites, and to erect and furnish school buildings, or to com- ph te school buildings under the course of construction. The Estimates, district hoard, or board of education, shall estimate the an omit of money necessary to be raised and shall state their esiimate in the notices of the annual or special meeting, at wl ich the question of borrowing money and issuing bonds sh ill be submitted to the people; and at said meeting thePowerof vo crs shall have power to ratify by vote aforesaid the esti- ^ m; te of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Provided, That no school district shall Proviso, isMie bonds for an amount greater than fifteen per cent of bondissue. th ' total assessed valuation of said district nor shall the bonded indebtedness of a district extend beyond the period of thirty years for money borrowed: Provided further, That in Further al proceedings under this section, the district board and one p< i-soii selected by the qualified voters present at said meet- ing shall constitute a board of inspectors, who shall cause a poll list to be kept and a suitable ballot box to be used, and tl e polls shall be kept open at least two hours. The votes Conduct si all be by ballot, either printed or written, or partly printed 01 and partly written, and the canvass of the same shall be conducted in the same manner as at township elections, or as f; r 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. HIM). A.t Act 171'. Also ninend'ed by Act 31, P. A. ! Sipers.ded by A.t 17.'. r.o.\|>S: issue school district bonds in set (lenient of ;i demand. if in excess of the limit fixed by law. may be sustained up to the legal limit. S ockdale v. Sdi. Dist.. 47/irjr,. The purchaser of a school district bond li is a rk'lit to rely upon nil facts asserted or appearing upon the face of the bonds, made by any person or body authorized by law to pass upon and de- t.rmine the fads.- 4Jibbs v. Sdi. Dist.. xx ;:,,;. Detaching a portion of a dis- iiict and di-gaiii/ing it into or with another township. People v. Ryan, 19/ 2'>3. The act of the legislature in detaching a part of the territory of a 54 STATE OF MICHIGAN. township and erecting therefrom a new township, of another name does mt 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 reorganiza- tion of the district. Wayne Co. Svgs. Bank v. School District, 132/440. 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 suid city. further back than the face of the bonds for the facts which show a compliance with the law. Gibbs v. Sch. Dist., 88/3'37. (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 sucli vote. IAL, SCHOOL LA" 1 'AI'ITA TAX AUTIIuRIZi;!) IN CERTAIN SCHOOL DISTRICTS. An Vet to prescribe the power of school districts, having a population o not less than fifteen thousand and not more than one hundred t: ousand, where taxes are based on a per capita for each child of s hool age, to impose and collect taxes for school purposes, and to r peal all acts or parts of acts inconsistent therewith. [Act 48. P. A. 1/91(7.] The People of the State of Mich it/an enact: 94) SECTION 1. The district board or board of educa-Taxfor tin i of any school district in the state of Michigan, whose purposes. population shall not be less than fifteen thousand and not m< re than one hundred thousand, wherein taxes authorized to be raised for school purposes are based upon a rate per ca] ila for each child of school age as shown by the last pre- ce< ing school census of the district, is hereby authorized to iin >ose a tax on the taxable property of the district for the pn -pose of paying the ordinary expenses of conducting its scl ools and of paying all or any part of the principal and the interest on the bonded indebtedness of the district, to be levied and collected in the same manner as provided by law foi school district taxes, in an amount not exceeding the rate Amount, pe capita for each child of school age as sho\vn by the las.t preceding school census of the district, as fixed by the taxable inhabitants of such school district at any regular or special nit et ing of such district. The fixed rate per capita shall con- Rate tii in- until changed and a new rate fixed at a regular meeting cc of the district by an affirmative vote of a- majority of the taxable inhabitants of the district voting thereon. Section 2 repeals all acts or parts of acts, whether local or general, in any- wise conflicting with the provisions of this act. CHAPTER VII. SUITS AND jriMJMKNTS ACAIXST DISTRICTS. I i !).">i ^ llir.7. Si;<\ 2. Justices of the peace shall have Justices to risdiction in all cases of assumpsit, trespass on the case and Stetion U Irf~ .,plevin against school districts, when the amount claimed, certaincases - or matter in controversy shall not exceed one hundred dollars; ai d the parties shall have the same right of appeal as in other ses. Tliis is s-rtiMii L'. i-h.-ipt.'r ;*,. nf tin- jinli.-atun- :ic| i-f I'.tir,. whi.-h n-pmls i 47-ji and 4728, C, I... 1307. - : i ,,f i;ir,. i> P . 42G, 480. As to corponitr IM.W.TS. <(<-.. sc.> note to section ::::. M.-ihility for li-hs r changes made in districts. See sections 37-38 and notes. Action of district against another for money had and received. 'Sch. Dist. v. Sch. Dist, 40/551 ; Andreas v. School District. 138/54. 56 STATE OF MICHIGAN. (96) 12438. SEC. 35. In suits or proceedings against municipal and public corporations * * * service of process may be made as follows : Service of process. School district. Treasurer to certify judgment. 6. Against school districts, upon the president of the board of education, director, moderator or treasurer of such district. This is an excerpt from section 35, chapter 13, of the judicature act of 1915. See Act 34J4 of 1013, pp. 84, 480, repealing 4722, C. L. 1897. (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 manner prescribed in this chapter. Sections 8-12 are taken from the judicature act of 1913, chapter 24. See Act 3<14 of 1915, p. 187, superseding 4723', C. L. 1807. (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 judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the treasurer shall certify the same as aforesaid, imme- diately after the final determination thereof against the dis- trict. See Act 314, of 1915, p. 1ST, superseding 4 7 4, C. L. 1'897. (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, admin- istrators, or assigns, to file with the supervisor the certificate of the 'justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the treasurer. 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 191'5, p. 187, superseding 472>G, C. L. 181)7. (101) 12977. SEC. 12. The supervisor or supervisors receiving either of the certificates of a judgment as aforesaid shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable property of the district, placing the same on the next township assessment roll HOW collected in the column for school taxes; and the same proceedings shall d 'be had, and the same shall be collected and i-elurned in the same manner as other district taxes. See Act 314. of It) 1'3, p. 187, superseding 4727, C. L. 1897, When treas- urer fails to certify. Fractional school district. supervisor GENERAL SCHOOL LAWS. 57 CHAITKk VIII. SITKS FOK ini'i r>71<;. Si:< riox 1. The qualified voters of any s iool district, when lawfully assembler! may designate by a houses, how :e of two-thirds of those present, such number of sites as e \ e c igm y be desired for schoolhouses and may change the same by lilar vote at any annual or special meeting, or by the same V( te may enlarge any existing site. "Whenever the question of Notice of d< -signaling a school site or of changing a school site is to be m bi Might before the school meeting, the notice of said meeting si all state the intention to vote upon such question. When when in- m site can be established by such inhabitants as aforesaid, the ? pe st iool 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 si cli site shall be, and their determination shall be certified to tlie director of the'district and shall be final, subject to altera-- ti-m afterwards by the inspectors, on the written request of tvo-thirds of the qualified voters of the district, or by two- thirds of the qualified voters agreeing upon a site at a district in }cting lawfully called. No sin: KSTAKLISHKI): it is only when the inhabitants cannot agree In establishing any site at all, that the inspectors are allowed to fix one. Ai dress v. Inspect,,^. 1 U/332. TOWNSHIP I'.oAKD: r.,\vcrs and duties formerly given to school inspec- tor now vest in township hoard. NoTK'K: T!r land to be added thereto, aris- ing either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title in fee simple to said site, or land for the eilargemcnt thereof, the board of education or the district b >aid of such district shall authorize one or more of its mem- bers to apply to the circuit judge, if there be one in the county, OP to a circuit court commissioner of the county, or to any 58 STATE OF MICHIGAN. Proviso. When jury to be sum- moned. justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and de- termine 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 1 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. Smith v. Sch. Dist., 40/145. Proceedings to condemn land for a schoolhouse site will be quashed if there is no lawful designation thereof shown by the records. Heck v. Sch. Dis-t., 49/551. For the constitutional questions in volved in the taking of private property for public use, see Const.. Art. XIII, CONDEMNATION: The jurisdiction to condemn lands for a schoolhouse site is invoked by presenting to the proper officer a petition designating the site and showing disagreement with the owner as to compensation for it. (104) 5718. SEC. 3. It shall be the duty of such cir cuiii 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 days 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 news- paper 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 Owner to be notified. Notice in case owner is unknown. E GENERAL SCHOOL LAWS. 59 inty where a newspaper is published, once in each week four successive weeks, which notice shall be signed by the trict board or by the director or treasurer of such district, d shall describe the real estate required for such site, or f< the enlargement thereof, and stale the time when and place w lere such jury will assemble, and the object for which tley will assemble; or such notice may be served on such o^ f ner personally, or by leaving a copy thereof at his last I> ice of residence. (106) 5720. SEC. 5. It shall be the duty of such judge, Return of . ' . .... ' -i venire and c< mmissioner, or justice, and of the persons summoned as proceedings ji rors, as hereinbefore provided, and of the sheriff or con- l si able summoning them, to attend at the time and place s] ecified in such summons or venire; and the officer who sum- n on eel. the jury shall return such summons or venire to the o ficer who issued the same, with the names of the persons s .nmioned by him as jurors, and shall certify the manner of n >tifying the owner or owners of such real estate, if he was f< und ; and if lie could not be found in said county, he shall < Ttil'y that fact. Either party may challenge any of the s, id jurors for the same causes as in civil actions. If more tl an twelve of said jurors in attendance shall be found quali- fi M! to serve as jurors, the officer in attendance, and who issued th- summons or venire for such jury, shall strike from the lUt of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve o ? the number so summoned as jurors shall attend, the sheriff o? constable shall summon a sufficient number of freeholders to make up the number of twelve; and the officer issuing the s minions or venire for such jury, may issue an attachment Attachment for any person summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or at- tichment. as courts of record, or justices' courts are author- ised to do in civil cases. A party pivsrnt. or represented, at the empaneling of the jury will be tl rni'd to have waived all objection* to the jury, if he makes none then. S nitli v. School Dist., 40 1 I.".. i H>7) 5721. 8i:c. G. The twelve persons selected as Jury t. u- he jury shall be duly sworn by the judge, commissioner, or ^ usi ice in attendance, faithfully and impartially to inquire, scertain and determine the just compensation to be made lor the real estate required by such school district for such 'ite, or f<>r the enlargement thereof, and the necessity for using the same in the manner proposed by such school district : id the persons thus sworn shall constitute the jury in such case. Subpoenas for witnesses may be issued, ami their at- subpoenas, tendance compelled by such circuit judge, commissioner or w justice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may what jury 'isit and examine the premises, and from such examination t( 60 STATE OF MICHIGAN. Court to attach cer- tificate. Collection of judgment. and such other evidences as may be presented before them, shall ascertain and determine the necessity for using such relal 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 purpose proposed by such school district, they shall sign a certificate in writing stating that it is necessary that said real estate, describing it, should be used as a site for a schoolhouse for such district, or to enlarge its existing site; also stating the sum to be paid by such school district as the just com- pensation for the same. The said circuit judge, circuit court commissioner, or justice of the peace, shall sign and attach to, and indorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when and the place where the said jury assembled, that they were by him duly sworn as herein required, and that they subscribed the said certificate. He shall also state in such certificate who ap- peared for the respective parties on such hearing and in- quiry, 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 Mken 1' r t' e condemna- tion of a site were irregular and to comnol him to enter judgment for the amount found due. iSch. Dist. v. Judge, 49/43 | 2. (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 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 commis- sioner, or judge of probate, as hereinafter provided. When owner is unknown, etc., money to be depos- ited with county treasurer. Proviso, how money to be drawn from county treasurer. (1KXKR. i 110) 57LM. Si:c. 1). Ui)on satisfactory evidence being presented to the circuit court of the county where such real in district. est te lies, that such judgment, or the sum ascertained and del -i-mined by the jury as the just compensation to be paid by :uch district for such site, or for'such addition to its site, ha been paid, or that the amount thereof has been deposited an n'ding to the provisions of the preceding sections, such coi rt shall, by an order or decree, adjudge and determine ih; t the title in fee of such real estate shall, from the time of iiiji dug such payment or deposit, forever thereafter be vested in f such sheriff thereupon to remove the respondent JS^ondent. or respondents in such proceedings, and all persons holding iimler them or either of them, from the real estate described in such decree and in such writ, and deliver the possession th M-eof with the appurtenances to such school district. < 111' i r>7L'f;. SKC. 11. In case the jury hereinbefore when jury 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 m ike the pn.ros to summon a jury returnable at such time ar d place as Ihe said proceedings shall be adjourned to. Such J^JJ'JJSJJj proceedings may be adjourned from time to time by the said three month.-, judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party applying f< r such adjournment, unless the other party shall consent to such adjournment ; but such adjournments shall not in all exceed three mouths. 62 STA/TE OF MICHIGAN. Proceedings in case property is encumbered. 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. (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 1 party to the procedure as afore- said, and shall be authorized upon the filing of the certificate of the jury in the circuit court of said county, to appear be- fore the circuit judge and make proof relative to their pro- portionate claims to the said site, or the compensation to be made therefor, as determined by said jury. And the said cir- cuit judge shall, by decree, settle their several claims in 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, di- recting 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. (116) 5730. SEC. 15. In case any circuit judge, circuit 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 other circuit court commissioner or justice of the peace may attend and finish said proceedings. GENERAL SCHOOL LAWS. APPEAL 17) 5731. SECTION 1. Whenever any five or more tax ^peai^how payi ig electors having taxable property within any school Ution of m CHAPTER IX. AITKALS FROM ACTION OF TOWNSHIP HOARD. dist ict shall feel themselves aggrieved by any action, order or (1 vision of the township board or joint boards with refer- ence to the formation or any division or consolidation of said sch< >1 district, they may, at any time within sixty days from the time of such action on the part of said board, appeal fron such action, order or decision of said board to the county com nissioner of schools and a 1 circuit court commissioner of t ie county in which such school district is situated. The Board of com ty commissioner of schools and circuit court commis- wfto ' sion ;r shall constitute a board of appeals for all such cases constl and shall be entitled to the usual fees provided by statute for circuit court commissioner. When an appeal shall be filed with the board of appeals herein provided for, said boa id shall serve notice on the clerk of the township board or t ie 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 board of such appeal. The notice to the J^JJ*^ 10 clei\; and township board shall state the day and hour when clerk, what sucl appeal will be heard, and it shall be the duty of said t( board of appeals to review, confirm, set aside or amend the acti >n, order or decision of the township board or boards thus- appealed from; or if in its opinion the appeal is frivolous or vithout sufficient cause it may summarily dismiss the same. ACTION OF INSPECTORS: The board of inspectors act in the exercise of a public discretionary power in creating or -changing districts, which can be r viewed, if at all, only by some direct appellate process which operate** upon the proceedings themselves to affirm, reverse or change them. Clemejit erest, i;:* r.t. AI'IT.AL: School Dist. v. Witeox. 4,8/404. When it seems an appeal could not be taken. Sch. Dist. v. Sch. Dist, 63/57-8. CHRTIORAKI: The issuance of a writ of certlorari being largely discre- tionary, and not permissible to accomplish a palpable injustice, a writ issued to r>view the setting aside of the organization of a school district out of the territory of two others will be dismissed when each of the three districts as sn organized would be financially unable to support a school .without im- posii g upon the residents a greater burden than they are able to bear. Silver :ailton Township Board, 146/393. (118) 5732. SEC. 2. Said appellants shall, before tak- Appellants to ing such appeal, make out and file with the board of appeals Statement 1 a \\ritton statement, to be signed by said appellants, setting forth in general terms the action, order or decision of the township board with respect to which the appellants feel the iiM-lves aggrieved, and their demand for an appeal there- from to the board of appeals, and shall also cause to be exe- I'ut.'d and signed by one of their number, and by two good 64 STATE OF MICHIGAN. Township board, when to file tran- script of pro- ceedings, etc. and sufficient sureties to be approved bv the board of appeals, Bond, a bond to the people of the state of Michigan in the penal of ' 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, 2Q/\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 tea 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. CHAPTER X. Organization of graded school district. Notice of intent. Board of education. 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, GENERAL SCHOOL LAWS. 65 mcl annually thereafter a successor or successors to the mem- >er or members whose term of office shall expire. Any quali- Who eligible. ied voter in such district whose name appears upon the issessment roll at the time of such election and who is the >\vncr in his own right of the property so assessed, shall be ?ligible to election or appointment to the office of member of che board of education. Tn the election of members of the J 1 *J; j t rity oard of education and all other school officers, the person 6 -eceivin.ii- a majority of all the votes shall be declared elected: I'rm ided. That all gr.ided school districts organized prior Proviso. to the year nineteen hundred seven shall operate after the passage of this act under the provisions of this act without reor^anizalion : And provided also, That in all such districts Proviso. the im-mbers of the board of education hereafter elected shall be elected under the provisions of this act. Am. 11)17. Act if,. Sinn-kins v. W::nl. 4." T.02. "IY OF RECORDS : The proceedings provided 1 by statute, sections 9643-9'51, C. I,., lsi>7. 1. ',:-:, 4n-13vH>2n. C. L. 191o (chap 30, judicature act of li'l.l), to compel delivery of books and papers by a public officer to his successor, are not adapted to a determination of the rights of contestants to any office, hut are merely appropriate for ascertaining whether a petitioner is prinia facie such an officer as entitles him to possession of the books and papers of t'-e office. After an adjudication of this question by a court of competent Jurisdiction the defeated party can not review the judgment by certiorari and thereby defeat the object of the statute, but must resort to quo warranto or other proceedings appropriate to try title to nn office. Murta v. Carr 140 r>0(>. GRADED SCHOOL DISTRICTS : The wisdom of the graded-school-district act was vindicated in Stuart v. Sen. Dist., 30/69, and its validity determin- ed. Keweenaw Ass'n v. Sen. Dist., 98/439. It is competent under the con- stitution to provide by taxation for free instruction in the higher departments of education, in union and high schools. Stuart v. Sen. Dist., 30/69. Union and graded schools, whether organized under the general law or created by special enactment are subject to the general primary school law. except as other- wise provided in the law- creating them. People v. Detroit Board of Educa- tion. 18/411: Kewenaw Ass'n v. Sch. Dist, 98/442. ALL oTiIKK OFFICERS: The term "all other school officers" includes the director, moderator and assessor of primary school districts, there being no others to whom it could refer, ns the trustees are the only officers to be elected In graded school districts. Cleveland v. Amy, 88/377. LBGISIiATIVB PROVISIONS: The constitution does not require an abso- lute uniformity in school districts throughout the state and the legislature lias not so construed the constitutional provisions. Uniformity has not been kept uj) ; graded sch-ols h.ive been established; boundaries of districts changed and fixed by the legislature; and the qualifications of electors at school meet- ings have Id-en fixed, limiting the classes entitled to vote and providing excep- tional methods of electing officers. The mayor of Grand Rapids is made a rnstee and ex-officio member of the board of education: -ind being a trustee ie is eligible to the office of president of the board. The president of the oard has the veto power. The mayor of Alpena Is president of the board, nd the trustees elected constitute the board, and exercise all the powers and erform the duties of trustees. The mayor of Detroit, as ex-officio member f the bo. "rd of education has the veto power, and this provision is constitu- ional. Pingree v. Board of Education, 99/407-9. It is no new thing for the gislature to irx the boundaries of school districts. It Is done by the charter f nearly every city or village in the state, and some of them 1:0 s > far as to n.\ -i'.nal methods of electing -.Ulcers and limiting tlie classes entitled o vote ("citing Mudu'' v. .T'.ries. 59/165). Kewe.-naw Ass'n v. Sch. Dist., ^'1-11. And in Perri/.o v. K _SO. an act providing for the organiaa- ion of school districts from entire townships was held valid. Id. 441'. i li'l ) r>7.">r>. Siv. i*. Within ten days after his election, Acceptance each member shall lile with the secretary of the board an 01 cceptance of the (.nice to which he has been elected, ac- companied by an ailidavii setting forth the fact of eligibility as described iii section one of this chapter. The board of Organization, education shall annually, and within fifteen days after the of annual meeting, or within fifteen days after the organization 9 66 STATE OF MICHIGAN. Vacancies. Bond of treasurer. under this act, elect from its own number a president, a secre- 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 that 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 ap- pointment, the treasurer of the board shall file with the sec- retary 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 indi- vidually responsible for the costs. Johnston v. Mitchell, 120/589. (122) 5736. SEC. 3. It shall be the duty of the board of education in any graded school district : First, To determine the course of study to be pursued and to cause the pupils attending school in such district to be taught in such schools or departments as they may deem expedient ; Second, To establish in such district a high school, when directed by a vote of the district at any annual or special meeting, and to determine the qualifications for admission to such high school and the fees to be paid for tuition by non-resident students: Provided, That when non-resident students, their parents or legal guardians shall pay a 1 school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition; Third, To audit and order the payment of all accounts of the secretary for incidentals or other expenses incurred by him in the discharge of his duties; but not more than one Township board or city council may appoint officers of board. Board of education. To determine course of study. To establish high school. Proviso, tuition of non-residents. To audit accounts of secretary. GENERAL SCHOOL LAWS. 67 linn red dollars shall be expended by the secretary in one year for repairs of buildings or appurtenances of the district pro] ?rty or for necessary appendages without the authority of i e lnard of education ; F< urth, To estimate and vote the amount of tax necessary, TO estimate in j Idition to other school funds, for teachers' wages, fuel amounurf and incidental expenses, for the ensuing year, and when the tax- vod -s fail or neglect to vote the same, to estimate and vote the amount of tax necessary for salaries of officers and ser\ nits, and when such tax has been voted by the board of edu at ion it shall be reported to the assessing officer in the sain manner as other taxes of the district are reported; 1- I'tli, In all villages and cities organized as graded school TO employ dist -lets under the provisions of this act, in which districts tendelu of six -r more teachers are employed, to employ a superintendent K of s -hools who shall be the holder of at least a state life cer- til'n \te or a normal school diploma, or w r ho shall have educa- \tioi al qualifications equivalent thereto, and said superintend- Duties of ent shall have the following duties: SESSt" ( i) To recommend in writing all teachers necessary for the schools, and to suspend any teacher for cause until the boa {[ of education, or a committee of such board, may con- sidi r such suspension ; ( )) To classify and control the promotion of pupils; ( :j To recommend to the board the best methods of ar- ranging the course of study and the proper text-books to be ( 1) To make reports in writing to the board of education am to the superintendent of public instruction annually or ol'h ner if required, in regard to all matters pertaining to the educational interests of the district; (e) To supervise and direct the work of the teachers; (f) To assist the board in all matters ^pertaining to the general welfare of the school and to perform such other duties as he board may determine. Hxth, To employ all legally qualified teachers necessary TO employ for the several schools upon recommendation of the super i n- dSemSie ten lent, and to determine the amount of their compensation, sai"y of . etc. am i to require the secretary and president to make contracts with the same on behalf of the district in accordance with the provisions of law governing contracts with teachers: Pro- Proviso. vided. That the board of education may employ a teacher not recommended by the superintendent, or may reinstate a teacher suspended by the superintendent; S'-\enth. To employ such other officers and servants as may Toempioy he accessary for the management of the schools and school offlSrs. property, and to prescribe their duties and fix their com- pensation; jCighth, To perform such other duties as are required of other duties di>triet hoards in other school districts, or as may be neces- to the general welfare of the school and district. 68 STATE OF MICHIGAN. FIRiST: To classify and grade. People v. Detroit Bd. of Ed., 18/412. Under our system it is common and convenient to have the various grades in one building and there is nothing illegal in it. (Hathaway v. New Balti- more, 48/255. The authority to classify and grade the pupils and prescribe the course of studies confers the power to provide for teaching music and to purchase a piano for such purpose. Knaibe 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 direc- tor. Farrell v. Sch. Dist., 98/43 (citing Crane v. Sch. Dist, 61/299). The board has power to employ a qunlified teacher for the ensuing year prior to the annual school meeting. Id. (Citing Tappan v. Sch. Dist., 44/500; Cleveland v. Amy, 88/3T4). 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 grad- ed schools are required to have certificates in the same mapner as teachers in primary schols ; but a person employed by the board to superintend and man- age 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 necessnry is left to be decided by their sound discretion. Tappan v. Sch. Dist., 44/502. FIFTH : The poAver 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 in- valid, unless a teacher, at the time of making the contract, has the certificate required by section 2<90, authorizing her to teach during the term covered by the contract ; obtaining a certificate after the making of the contract, and be- fore commencement of school, is not a compliance with the statute. McClos- key v. Sch. Dist., l'34/235. 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 ap- pellants 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 .'M1. NO AUTBRATION : People v. Ryan, 19/207 ; Simpkins v. Ward, 45/559 ; Burnett v. Inspectors, 97/1O3. Addition of territory by legislative action. Keweenaw Ass'n v. Sch. Dist., 98/439-41. ;ENERAL SCHOOL LAWS. 69 ( 24) ^ 5i::s. SEC. 5. Whenever two or more contiguous Graded disM'icts, having together more than one hundred children bet /ecu the ages of live and twenty years, after having P^b" lisl (! in the notices of the annual meetings of each district unite for. the intention to take such action, shall severally, by a vote of a i ajority of the qualified voters attending the annual meet- ing v in said districts, determine to unite for the purpose of est .blishing a graded school district under the provisions of tin , chapter, the township board of the township or town- Township sh s in which such districts may be situated shall, on being JJu'ty'V pr perl}' notified of such vote, proceed to unite such districts, an shall appoint as soon as practicable a time and place for a leeting of the new district, and shall require three notices Notices, of the same to be posted in each of the districts so united a tP stin e f - lei st live days before the time of such meeting, and at such Board of imeting the district shall elect a board of trustees, as pro- * vi' ed in section one of this chapter, and may do whatever business may be done at any annual meeting. Burton v. Koch, 164 (125) 57.".!). SEC. G. Whenever the trustees of any Primary organized graded school djstrict shall be presented twenty SstXcts. d; ys before the annual meeting thereof with a petition signed JJJJJ5 1 t a te, to proceed to change or divide such district as deter- mined by such annual meeting, and they shall provide for First t ie holding of the first meeting in the, or each of the, pro- meeting - I osed primary school districts in the same manner as is pro- \ided for by law for the organization of primary school dis- tricts, and whenever a fractional graded school district shall Fractional l>e so changed, the township boards of the respective town- districts - >hips where such graded school district is situated shall or- ganize the said district into one or more primary school dis- icis, a< provided for by law. 70 STATE OF MICHIGAN. CHAPTER XI. Who may maintain. Proviso, abandonment. Further proviso, in case of legal action. Further proviso, township school district. Who are entitled to privileges of library. Proviso. Township library, who to have charge of, etc. LIBRARIES. (126) 5740. SECTION 1. A library may be maintaim in each organized township or city which shall be the property of the township or city and under the control of the town- ship board of said township or the board of education of the village or city. All actions relating to such library or for the recovery of any penalties lawfully established in rela- tion thereto, shall be brought in the name of the township or city: Provided, That if in the judgment of said township board the people of said township will be better served by disposing of said library to the several school districts of the township, said board shall have authority to take such action, or the said board may authorize the merging of the township library into a free public library in accordance with the statutes authorizing the establishment of such free public libraries, and after such merging the free public library so established shall receive all the' books of the former town- ship library, and the township library shall be considered abandoned: Provided further, That when any legal action is taken or becomes necessary concerning, the township li- brary the township clerk shall represent the township in all actions concerning said library : Provided further, That when any township has already been organized as a township school district or shall hereafter be organized as a township school district, the control of the township library shall pass from the township board to the board of education of such township, and all rights, powers and duties heretofore exer- cised by the said township board or the members thereof shall be thereafter exercised and performed by the township board of education through the proper officers. (127) 5741. SEC. 2. All persons who are residents of the township shall be entitled to the privileges of the township library, subject to such rules and regulations as may be law- fully established in relation thereto: Provided, That persons residing. within the boundaries of any school district in which a district library has been established shall be entitled to the privileges of such district library only. (128) 5742. SEC. 3. The township board shall have charge of the township library and the township treasurer shall apply for and receive from proper authorities all moneys appropriated for the township library and shall keep a sep- arate account of such funds. The township treasurer shall pay out such library moneys on the order of the township clerk, countersigned by the supervisor. The township board shall purchase books and procure the necessary appendages GENERAL SCHOOL LAWS. 'or the township library: Provided, That when the township Proviso, .ibrary shall pass to the control of the township board of edu- SSrofto :ation, the township treasurer shall continue to apply f or JgSStion. and receive all library moneys and pay them over to the treasurer of the board of education upon proper warrant of the township district. In villages or cities the treasurer of cities or the board of education shall apply for and receive all moneys Vl apportioned or appropriated for libraries and shall disburse such funds in the same manner as other educational funds, i H'ln ^ :>7i:i. SEC. 4. Said board shall be held account- who . . _ . , , . accountable able for the proper care and preservation of the township for care, etc. I library, and shall have power to provide for the safe keeping 01 of the same, to prescribe the time for taking and returning books, to assess and collect fines and penalties for the loss or injury of said books, and to establish all other needful rules and regulations for the management of the library, as said board shall deem proper, or the superintendent of public instruction ma}* advise. (130) 5744. SEC. 5. The township board shall cause the township library to be kept at some central and suitable kept! place in the township which it shall determine. Said board shall also, within ten days after the annual township meeting, appoint a librarian for the term of one year to have the care I a ml superintendence of said library, and such librarian shall be responsible to the township board for the impartial en- forcement of all rules and regulations lawfully established in relation to said library. (131) 5745. SEC. G. Any school district, by a majority school^ vote at an annual or special meeting, may establish a school library, district, library, due notice of said action to be stated on the belstaK annual or special meeting notice, and such district shall be lished - etc - entitled to its just proportion of books from the library of share of any township in which it is wholly or in part situated, to be added to the district library, and also to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of I such district library or that shall thereafter be raised by tax in such township or townships or that shall thereafter be ap- portioned to the township for library purposes. il.'Jli) 57HJ. Six:. 7. The district board of any school ^ district or the board of education of any township school dis- have "charge trict, village or city in which a library may be established of> etc> in accordance with the provisions of this act, shall have charge of such library and provide the necessary conveniences for the proper care of such library, and said board shall be responsible for and shall use all moneys raised or apportion- ed for its support in accordance with the provisions of law. Libraries are within the proper ranjjre of school apparatus: and th> " nothing in our laws which cuts off publir corporations from ae.-.-piin^ hi-m vo- lent offerings to enable them to extend their usefulness ar.d h.-n.-iit their people, by enla r.iiin^ their opportunltlei for culture and refinement without multiply- ing or increasing their burden*. Mayuard v. Wuodard. .".', {_.".. -TJ7. 72 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 to 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 tire 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 herein- after provided. . (135) 5749. SEC. 10. The superintendent of public in- struction 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, giv- ing 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, villages or cities for the school year last ending. Said clerk shall file such statement in his office and shall forthwith furnish a copy thereof to the county treasurer. The state superintendent shall also furnish a copy of such statements to the township clerks or city clerks in each county. (13G) 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- 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. FINES, ETC. : See onst, Art. xi, section 14. GENERAL SCHOOL LAWS. 73 i i:J7) 57.11. S !-:'. 12. The qualified voters of each town- ^ s ip shall have power at any annual township meeting, to supporToT v te a ia\ for the support of libraries established in accor- l! d iiiceVith the provisions of this act, and the qualified voters any school district, in which a district library shall be e tablished, shall have power, at any annual meeting of such d strict, to vote a district tax for the support of said district 1 nary. When any tax authorized by this section shall have ^J^JJ t *g 1 >en voted, it shall be reported to the supervisor, levied, and assessed and ( Elected in the same manner as other township and school c< < [strict tax ( l.'IS) 57^1'. Si:c. 13. The district board or board of < lucaiion of any school district may donate or sell any library 1 ook or books belonging to such district to the township 1 oard, where there is a township library or to the city library i i cities, and such books shall thereafter form a part of the i ownship or city library. ii:i!h r>7r>:'>. SECTION 1. Any taxable inhabitant of a Penalty^ on icwly formed district receiving the notice of the first meet- for neglect ng, who shall neglect or refuse duly to serve and return 01 . Si.c. 4. If any township clerk shall neglect Township r refuse to make nut and transmit the annual report can- liability of, laining the reports of the several school districts of his town- toreport? ship ,0. SECTION 1. Boards of education in cities Boards of wh i re free public libraries are under control of such boards of authority of, edi cation by reason of existing charters or otherwise, f rom etc - an after the passage of this act are hereby authorized and em towered to include in their annual estimate a sum or sums snl icient to properly care for and defray the expense of main- tei ance and to purchase new books required for such libraries. 148) 58:57. Si:c. 2. Boards of education in cities hav- TO issue inj. the control of free public libraries by reason of existing of bonds 1 . 69 ch; rters or otherwise are hereby authorized and empowered to *aisc money, either by including the amount in their annual estimates, or to borrow same on the faith and credit of said scl ool district, and to issue certificates or bonds to secure tin payment of the sums borrowed; sufficient to purchase properly for a site and to provide the money necessary to er ct, equip and maintain buildings for a free public library an 1 oilier educational uses: Provided, That when any bond Proviso. issue shall be provided for under the terms of this act such bo ids shall not be issued for a period of more than ten years. N< bonds provided for in this act shall be issued until issuance Referendum. of same shall have been submitted to the electors of the district allected and approved by a majority of the electors voting thereon. Section 3 repeals all contravening acts. Act authorizing organized townships and incorporated villages in he state of Michigan to borrow money and to issue bonds therefor 'or the purpose of establishing free public libraries, purchasing sites md constructing buildings thereon. [Act 5, P. A. 1917.] 7Voy,/c of the State of Michigan enact: ill!) I SK.TIOX 1. The township board of any organized^ 116 " t< wnship and the village council, or board of trustees, of any aSthorfzed. Incorporated villa-c in the state of Michigan are hereby au- tl ori/ed and empowered, upon an application signed by not less than twenty-five qualified electors of such township or 76 STATE OF MICHIGAN. Proviso, vote required When submitted Notice. incorporated village being first filed with the said township 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 incorporated village, on the faith and credit of such township, or incorpor- ated 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 constructing buildings thereon : Provided, That a majority of the voters of such town- ship, 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 what to state, 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) SEC. 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 1 majority of such qual- ified electors present thereat and voting upon said proposi- tion 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, issued by a towiiship board, shall be signed by the members Form of ballot. Bonds, how issued. How signed. GENERAL SCHOOL LAWS. 77 ot the said township board and countersigned by the town- s ip treasurer, and when issued by a village council shall be signed by the president and clerk 1 i Si:.-. G. It is hereby declared that this act is imme- iately necessary for the public health, peace and safety. Act to authorize the.issue of bonds; to provide sites for and for the erection thereon of public libraries and for additions to and im- provements of such sites and the buildings thereon, whether now existing or hereafter acquired, in cities, villages and school districts where free public libraries have or may hereafter be established. I [Act 305, P. A. 1919.] The People of the State of Michigan enact: i 1 .">.")) SECTION 1. The legislative body of any city, village Free public school district where free public libraries have been, or S^JuSied. ay hereafter be established, is hereby authorized upon the , (plication 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- trict not exceeding one-fourth of one per centum of the as- sessed 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 01- school district therefor: Provided, That wherever Proviso^ library bonds have heretofore been issued or authorized said KcUssues. bonds shall be included in the limitation of one-fourth of one per centum of the assessed valuation: And provided further, Further Thai such bonds hereafter issued shall be in addition to all P1 other indebtedness which the city, village or school district is or may be authorized to incur for purposes other than library purj >oses. (15G) SEC. -. Said bonds shall be denominated "public HOW library bonds of the city, village or school district number d< of ," shall be regularly dated and 78 STATE OF MICHIGAN. How issued, etc. Approval of issues. Sinking fund. 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 bod}' 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 LA 1 Vn Act to authorize the creation of county libraries or the contracting by the board of supervisors of any county, libraries for their free use within the county. [Act las, r. A. 1917.] The People of the State of Michigan enact: 1(1 GO) SECTION 1. The board of supervisors of any county supervisors shall have Ilie power to establish a public library free f or Jj]JJ Sc. ab ~ the use of inhabitants of such county or they may contract for the use for such purposes of a public library already estab- lished within the coiiniy or witli the body having control of such library to furnish library privileges to the people of the county under such terms and conditions as may be stated in such contract. The amount agreed to be paid for such privileges under such contract or the amount which the board may appropriate for the purpose of establishing and main- taining a public library shall be a charge upon the county ami the board may annually levy a tax of not more than one-half mill on the dollar of the taxable property of the count}-, to be levied and collected in like manner as other taxes in said county and paid to the county treasurer of said county and to be known as the library fund. (1G1) SEC. 2. For the purpose of administering the county Library library fund in case a county library is established, 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 commissioner to hold ex-oflicio 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. (IGUi Si:c. ;,. In case a contract shall be made with an Existing existing library, the county library fund shall be administered by ihe bard 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 -oilicio 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. 1 1 ;:; i Si;.-, l. Said fund shall be paid by the county treas- F "" d . how urer upon the order or warrants of said library board in case P * of the establishing of a county library; in event of contracting with an existing library, it shall be paid upon orders issued by the board or body controlling such library through its presi- dent or chairman and secretary. dent or 80 STATE OF MICHIGAN. Inspectors, when and by whom elected. Terms of office. Names on separate ballot. Nomination, election. Referendum. Form of ballot. An Act to provide for a board of education for cities having a popula- tion 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. 10 18.] 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 in- spectors 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 up- on a classification of the school districts of the state, according to population. Burton v. Koch, 184/235. (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 contravening acts. (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 follow- ing form : Vote on proposition to adopt the act providing for reduc- tion in membership of the board of education and their elec- tion at large. GENERAL SCHOOL LAWS. 81 lake a cross in the appropriate square below, .'hall the act providing for reduction in membership of the bo rd of education and their election at large be adopted. . Jhall the act providing for reduction in membership of the rd of education and their election at large be adopted. >nch ballots shall be furnished by the city board of elec- ti< n commissioners and shall be deposited in a ballot box pi >vided for that purpose in each voting precinct. Such bal- Canvass. 10 s shall be cast, canvassed and the results thereof certified to in the same manner as are ballots cast upon the question of the adoption or rejection of a constitutional amendment. 11 a majority of the qualified electors of the city, voting there- 01 shall vote in favor of the adoption of this act then the pi >visions hereof shall be in full force and effect in such ci y and not otherwise. REFBBiBNDUM : The referendum was unnecessary because the act is not lo< il in character. Burton v. Koch, 1S4/262. A i 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 educa- tion for such districts; and prescribing the powers and duties of such board. [Act 14(1, P. A. 1917.] The People of the State of Michigan enact: (167) SECTION 1. Each city having a population of more certain cities lan one hundred thousand and less then [than] two hundred singKhoo! fty thousand inhabitants, shall constitute and be one school distrlct - istrict and le known as the "School District of the City of ." If, at the time this act takes effect in any City, there shall be in existence within the limits of the city more i haii one school district or parts of more than one s -hool district, then, from the taking effect of this act in t lat city, the school districts, or parts of districts, within the 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. i His i Si;r L'. If no division of a school district is caused Property of by the taking effect of this act in any city, all school property y Hiall vest in and be the property of the city district, and Mich district shall be liable for and shall pay all indebted- i' the district or districts formerly existing within its Jiniits. i Hi!) i Si:.-. :?. If by reason of the taking effect of this act when school n any city, a school district, or districts, shall be divided, the school property within the city (except cash and taxes levied but nncollected) shall vest in and be the property of 82 STATE OF MICHIGAN. When city annexes territory. When effective. the city district. The cash, taxes levied and uneollected, 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 esti- mate 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 continue until a successor is elected and qualified. The first board at its first meeting shall, by lot, determine which three of its members shall serve one year, which three shall serve two years, and which three shall serve three years, and their First board of education, election of. General law to govern. Membership of board. GENERAL SCHOOL LAWS. 83 t( .ins shall be accordingly : Provided, That the members of Proviso. tl e 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< rs elected at the first election under this act shall consti- ti le the first board of education hereunder. At the time of e. ch annual city charter election thereafter, members of the b >ar<] shall be chosen to fill the positions of those whose terms a e about to expire. Three years shall be the term of each u eaiber 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 board member, and, if duly i- -gisUTed shall be qualified to vote for board members at s icli election. The qualifications of school electors shall be ji * determined by general law. Nominations for board mem- Nominations. 1 21-s shall be by petition signed by not less than one hundred . c aalified school electors of the city, which petition shall be J led with the city clerk at least fifteen days before election. 2 o petition which does not have such number of such signa- 1 ires shall constitute a valid nomination. At the same time Ballot. ' nd in the same general manner provided with reference to ( ity charter elections, the proper officials shall prepare and 1 aye printed an official ballot on which shall be placed the i ames of all who have been nominated for members of said 1 oard. In printing, the names shall first be arranged alpha- 1 etically and the first orre hundred printed accordingly; then Ihe name at the top shall be put at the bottom for printing 1lie second one hundred, and a corresponding change shall be made in each succeeding one hundred printed. The election Election, shall be by separate ballot in a separate box, but at the same lime and place as the city charter election, and shall be con- dueled by the same inspectors, canvassed, reported, considered aii'l treated as a part of such city charter election in all partic- ulars not otherwise specified. Voting, or attempting to vote, :'or board members at such election by one not legally entitled ;o vote therefor, shall constitute the same offense and shall be >ro.seciited and punished in the same manner as casting, or attempting to cast, any illegal vote at the charter election. (175) SEC. 9. No school elector not registered as pro- unregistered rided herein shall be entitled or permitted to vote at elections noTvote 7 for board members, excepting that votes may be sworn in as is permitted by law at a general election. The registration boards shall be provided with separate books for the regis- tration of school electors. Before registering any name there- in, tlu' registration board shall be reasonably satisfied that the applicant for registration is a qualified school elector. Such registration shall, in all respects not herein specified, Registration, be conducted in the same manner as, and as part of, the regis- conducted, t ration required or provided for with reference to said elec- tions. Am. 119, Act 405. 84 STATE OF MICHIGAN. Notice to officials elected. Vacancy, how filled. Body corporate. May pur- chase (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 name >and style of "The Board of Educa- tion of the City 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 w r ithin 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 c'hosen 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 corporations of which it is the successor. Said board of edu- etc. cation shall be liable to pay the indebtedness and obligations of the school corporations of which it is the successor, in the manner 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, 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 the 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 SCHOOL LAWS. 85 ii sh 11 not have power to raise money, borrow money, or incur in- ebtedness except in the manner herein specified. 17!h Six\ 13. The officers of the board shall be a presi- officers. d( it, vice president, secretary and treasurer. The city treas- ur T shall be ex-officio treasurer of the board. The president an 1 vice president shall be elected annually from among the in- mbers of the board by a majority vote thereof. The secre- ta -y shall not be a member of the board. The president, vi e president and secretary shall perform such duties as in iy be prescribed by the by-laws, rules and regulations of tl ' board. The officers of the board who in the discharge of tl 3 duties of their respective positions handle funds belong- ii i to the public schools, shall be required to give bonds for tl e faithful performance of their duties, in such manner and t'< rm as may be prescribed by the rules and by-laws of the 1 a nl. The treasurer shall have the custody of all moneys b longing to the school district and shall pay out the same dy upon orders as in this act specified. The city attorney s all be the legal advisor of said board and represent it in all liigation. The board shall require from the city treasurer Treasurer's a separate bond to protect the separate funds of the board. 1 iterest upon such separate funds shall be the property of t le board. (ISO) SEC. U. Regular meetings of the board shall be Meetings. held at least once in each month, at such time and place as may he 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) Si:<\ ir>. The fiscal and accounting year shall com- Fiscal year, i icnce with the first day of July in each year. i IM' Si:\ 1(J. The board shall annually on or before the ^f m&ie ln-st Tuesday in April in each year, make an estimate of the ; mount of taxes deemed necessary for the ensuing year for all purposes within the power of said board, which estimate shall >pecify the amounts required for the different objects. The board shall transmit such estimates to the common council, city commission or other legislative body of the city on or >e|oie ihe>i'cond Monday in April of each year for ratification, imendment or rejection. If for any reason the common conn- Approval, il, city commission or other legislative body of said city shall et fail to pass on said estimate and finally adopt the same after juch amendment, increase or decrease as it determines, before the second Monday in May in each year, then the estimate made by such hoard shall stand as approved and be considered as approved and rat hied by such legislative body and reported accordingly, and the amount therein named, levied and col- lected accordingly. On or before the third Monday in May the Report to secretary of the hoard shall make to the assessing officers of said city, a written report of the amount of taxes so deemed necessary and approved or standing approved by said legisla- ve body, and the assessing officers shall apportion said 86 STATE OF MICHIGAN. Amount may borrow. amount, and the same shall be levied, assessed, collected and Tax returned the same as other city taxes. No greater sum than nine mills on the dollar shall be levied for general school pur- poses in any one year. For purchasing school lots, erecting school houses, and equipping the same, and paying school bonds and the interest thereon no greater sum than six mills on the dollar in addition to the tax for general school purposes shall be levied in any one year. Am. 1919, Act 403; 1921, Act 7. (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 bond of the board therefor, which shall be paid from the first school moneys collected thereafter. For the purpose of purchasing 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 UDOU such rates of interest and for such time and in such amount as it may think proper and in such form and with bonds and cou- pons signed and countersigned in such manner as it may by resolution direct, but the action of the board authorizing such loan shall first be submitted to the common council, city com- mission 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, however, 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 vsuch 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 six per cent interest, nor run *for more than twenty years. Am. 1921, Act 176. (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 of the funds of the board in the same manner as near as may be as claims against the city are paid out of the general city treasury. (185) SEC. 19. The board shall have power to elect for such term not exceeding three years as it may determine, a superintendent of schools and a business manager, neither Proviso. GENERAL SCHOOL LAWS. 87 of A horn shall be members of said board, and to fix their gala :ies and remove either of them, notwithstanding their tern of office has not expired, upon the concurrent vote of two birds of all the members of said board. It may dele- gate to such superintendent the executive management and ol of the educational department and to the business mm iirer the management and control of purchases, contracts, and all other business matters insofar and to such extent as it iii iv from time to time determine. (136) SEC. 20. A1J proceedings and official actions of the Proceedings, boa;d shall be printed and published immediately after such Sshef" met ing. in such manner as the board shall decide. It shall can e to be made at the end of each fiscal year and to be pub- lish d a complete report of its receipts and expenditures and gen ral school statistics. ( 87) SEC. 21. The board shall provide for taking the School seh. ol census required by law. It shall receiye the funds de- ce vol. d by law to the maintenance of the district or school libi i rips and shall devote the same to that purpose, and may del* gate the expenditure of such library funds to such execu- tive body as may be constituted Jby law for the management of 'he public or school libraries within the city. No member of lie board shall receive any compensation whatever for ser ices as members nor for any service rendered to the boa i-d. Every action of the board involving the incurring of pec iniary liabilities or expenditure of money shall be by yea am nay vote entered at large upon its record. (188) SEC 22. Within twenty-four hours after its pas- AcUons, sa^ \ ihe president or acting president of the board may veto p?eafdent. y ain aeiioii thereof by filing in the office of the secretary of the board his reasons therefor, in writing, and the same there- npi'ii shall not go into effect or have any legal operation until all T it shall be repussed at a subsequent meeting of the board by a vote of two-thirds of all the members thereof. No action of (he 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- tec approval thereof. i!8!>) SEC. 23. All acts and parts of acts, general or Acts repealed. sp< cial, 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. 88 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. 1017. Act 13*6. CONSOLIDATION OF SCHOOL DISTRICTS IN ANNEXED TERRITORY. Districts, when united. Resolution. Ten per cent petition. 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 district 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. Either body shall propose such union when requested by petition of ten GENERAL SCHOOL LAWS. 89 per :ent of the voters of its district. A quorum may act in case, and a majority of the body may pass such resolu- iim AVhen such resolution shall have passed both bodies, ,i . py i hereof shall be certified to by the secretary of each, slia I be recorded in the register of deeds 7 office, and shall, win i so recorded, pass the legal title of the real and per- son 1 property of the district in the annexed territory to the dis 1 -ict of the city to which the same was annexed, and Shall be > iflicient evidence of such union. ( 93) SEC. 2. The resolution shall set up the names of Resolution, the respective school districts; shall accurately define theSSuia lioi n la ries of the district which it is proposed to unite to the city district; shall recite the real property owned by said dis rict according to its legal description and the personal pn eriy witli reasonable particularity, sufficient to enable it i } be accurately identified; shall recite the bonded indebted- ness of said district; shall specify whether a part or all of sai i district has been annexed to said city, or whether all or an accurately bounded part of said district is to be united with the city district; shall set up that the district passing sin i resolution proposing the union of the districts named; am shall provide that upon the adoption of the resolution by the governing bodies of both districts and the recording of sin li resolution as provided in section one, said city school dis- tri- t shall acquire the property of the district annexed and tin latter shall become a part of the former and subject to the laws governing it. i 11)4) SEC. 3. In like manner, when a part only of a union of district is within annexed territory provision may be made part orUy * for the union of the part annexed only, with the city district by similar agreement. P.C. i Si;c. 4. In either case, if the governing body of the Referendum, citf district passes such resolution, and that of the district pa -tly or wholly annexed does not, the question of such union shall be submitted, by the board of the latter district, to the vo ers in the territory proposed to be added to the city dis- trict (within thirty days after the resolution is received from the city district i, at a regular election, or a special election, ca led for the purpose. If a majority of those voting favor an .-h union, then it shall become effective upon the recording of said resolution and a certified copy of the notice of such eh ciion and of the canvass of the vote cast on said question. HIM; i Si:c. r>. AYhen the union herein provided for hasFumisand been perfected, the officers of the district joined to the city pl district shall as soon as may be account to the city district for the funds and properly in their hands as such officers, ai d shall turn over same to said city district Upon the re- c<-ipi by the latter of such funds and property, such officers shall be released of liability therefor, their official bonds shall b< deemed cancelled, and their offices terminate. Where only a fraction of a district is united, such accounting shall be pro 00 STATE OF MICHIGAN. Debts and contracts. 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 territory shall be and continue valid and enforceable obligations thereof, and said districts shall continue to exercise their powers as such. CONSOLIDATION OF SCHOOL DISTRICTS IN INCOR- PORATED CITY. When city school districts consolidated. How proposed. Resolution, what to recite. JLV* lJ iner sep- An Act to provide for the consolidation of school districts which are within the limits of any incorporated city. [Act 9, (ex. sess.). P. A. 191.19.] The People of the Rtate 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 man] hereinafter prescribed. (199) SEC. 2. The governing body of either of the s( 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 resolution. 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 dis- trict proposed to be united, at a regular or special election to be called for that purpose. (200) SEC. 3. The resolution shall set up the name of the respective school districts; shall recite the real property owned by said district according to its legal description, and the personal property with reasonable particularity sufficient to enable it to be accurately identified ; shall recite the bonded GENERAL SCHOOL LAWS. 91 i idebtedness of said district; and shall provide that when the i lajority of the electors of each district shall have voted in : ivor of consolidating the school districts, said consolidated Ichool district shall acquire the property of each district. (201) SEC. 4. That the procedure in said election, so far EiecUon, s the advertising of said election, casting of ballots and the ' ounting and recording of same, shall follow, as near as may e, the method prescribed for city elections within said city, xcept as herein otherwise provided. (202) SEC. 5. Every citizen of the United States of thewnoquaii- ge of twenty-one years or over, male or female, who owns fi( >roperty which is assessed for school taxes in such districts, r who is the parent or legal guardian of any child of school ige included in the school census of such district and who las resided in said district at least three months next preced- ng such election, shall be a qualified voter. (203) SEC. G. That upon the determination of the result consoiida- )f said election, if it should appear that the majority of the effective 611 electors of each school district voting on said question shall aave voted in favor of consolidating the school districts, the onsolidation shall thereupon be considered as immediately effective. The new consolidated district shall thereafter be considered as created, and shall operate under the general M-hool law, the same being act number one hundred sixty-six of the public acts of nineteen hundred seventeen, as amended. Am. 1921 ; Act 173. (204) SEC. 7. When the electors of each school district Evidence of have voted in favor of consolidating the school districts as union * herein provided, a certified copy of the resolution as adopted by the governing body of each district, and of the resuL of the election in each school district, shall be recorded in the register of deeds' ollice and shall, when so recorded, pass the legal title of the real and personal property of each district, to the new consolidated school district, and shall be sufficient evi- dence of such union. (-05) SEC. 8. When such union is perfected, the consoli- Liabilities dated school district shall assume outstanding indebtedness assumed - 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 and enforceable obligations thereof, and said districts shall continue to exercise' their power as such. i -<>U) SEC. 9. This act shall not be construed as repealing certain act or an'ecting in any way act number sixty-live of the public etc. repea ~cts of nineteen hundred nineteen. 92 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 previous 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 ap- pointed 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 education 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 pro- visions 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 andtrue statement thereof, in dupli- cate, and certify to the same. One copy thereof shall be de- posited 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 state- ment with the secretary of the board of education within twenty-four hours after so receiving the said statement. : GENERAL SCHOOL LAWS. 93 (212) 5855. SEC. G. The board of education of the dis- canvass. i -ict shall inert at it [its] usual place of meeting ou the Wed- esday succeeding an election at teu o'clock in the forenoon, nd shall, without adjourning, canvass the returns from the everal precincts of the district and declare the result of the I* lection. Said canvass shall be open to the public. The sec- etary shall enter the proceedings of such canvass upon the econls of the district. ' (213) 5856. SEC. 7. Except as provided in this act, the gecuons, d'anner of conducting elections shall be the same as provided n the general school laws of the state and any local act in orce in such district. (214) 5857. SEC. 8. This act shall not apply to any Application ity school district now authorized by law to divide such dis- rict into election precincts or districts. ii' 15) 5858. SEC. 9. This act shall apply only to cities idem. f under twenty-five thousand inhabitants. n Act relative to dividing city school districts into election precincts, to provide for the registration of voters and for the holding of elections therein. [Act 127.-,. P. A. 1915.] Sr.-tion 10 declares this act immediately necessary for the preservation of e public i>euiT uiid safety. -2 and 7 of this act aro amended by Act 3O3, P. A. 1919 (see com- . cflVrtivi- in districts where ratified by electors. The People of 1he Flute of Michigan enact:. i21<; 5S41. SECTION 1. The board of education of any district composed in whole or in part of territory dstrict. in any city in this state may divide said district into such number of voting precincts as shall be necessary, and shall provide for ilie registration of voters, and for elections therein suitable ballot boxes, poll lists and other supplies or equipment as may be necessary or proper. Such division shall be made at least sixty days previous to the first election after this act becomes operative in any district. 1 21 7 1 r.si2. Siv. 2. A registration of the qualified Registration. electors in each district shall be made in each voting pre- cinct. and the name, sex and address of each person register- ing. and whether the owner of property assessed for school taxes or a parent or legal guardian of children of school age. Such registration shall in all respects not herein specified be conducted in the same manner as the registration required or provided for with reference to general elections, and all Laws laws of the state for preserving the purity of elections and applk for preventing fraud and corruption shall govern all elec- tions and registrations under this act so far as the same are applicable. Xo unregistered person shall be allowed to vote at any school election unless such person has qualified under 94 STATE OF MICHIGAN. of boards. oath under the provisions of law regulating elections in cities, when made. 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 provided 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 1 general registration therein. Boards of registration shall be in session in the several vot- ing 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 (2215-28. (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 registration 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 ad- minister oaths to any person in connection with the registra- tion or election. In case of inability or refusal to act, the board of education may fill the vacancy, and in case the mem- bers 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 election shall, immediately after canvassing the votes, make their return thereof and de- liver 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 an} r , 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 there- in. The notice of election shall contain the names of all can- didates 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 the result of the election upon each question and proposition voted upon, and what persons were duly elected at said elec- tion. The secretary shall make triplicate certificates of such determination under the corporate seal of the district, show- ing the result of the election upon each question or proposition, GENERAL SCHOOL LAWS. 95 ,nd vhat persons were declared elected to the several offices esp< :tivoly, one of which he shall file in the office of the coun- 7 cl< rk oAhe county, one in the office of the city clerk of the ity ^n which such district is situated, and the other shall >e ii ed in his own office. The person receiving the great- whoideemed et i urnber of votes, as shown by said statements, shall be 6 ' teen ed to have been duly elected, but if there shall be no Tie vote. hoi' e by reason of two or more candidates having received n e< ual number of votes, the board of education shall at the ime of canvassing the votes, determine by lot between said iers .ns which one shall be elected to said office. It shall Notification. >e t ie duty of the secretary of the board, within five days fte the determination, to notify in writing each person lee 1 3d of his election, and he shall file a written accept- oath of office. nc( of such election, together with the constitutional oath f o fice within ten days after receiving such notice, or the Hie ' will be deemed vacant. ii-l) 5846. SEC. 6. Candidates for members of the Nomination ioai d of education shall be nominated by petition, which shall by *** e I led with the secretary of the board of education not less hai ten days nor more than fifteen days prior to the date of le< ion. Each petition shall be signed by not less than we ity-five qualified registered school electors of the district. ?o elector shall sign the petition for more candidates than re to be elected. Said petition shall be substantially in the ollowing form : u Ve, the undersigned qualified school electors of the (name Form. f c istrict) do hereby nominate of trcet, of said district, as a member of the board of educa- ior of said district." Upon the filing of such petitions the secretary of the board publication ha 1 place the same in the public files of his office, and for at of names - i'a.-t live days immediately preceding said election, shall pub- ish the names proposed in a daily newspaper of the district, .ml if then; is no daily newspaper in the district, the names hall he published in all the weekly newspapers of the district or at least one edit ion during the week preceding the elec- ion, and if there shall be no paper published in the district, ie -shall post primed lists of such names in three of the most mblic places in each school voting precinct in said district me week before the election. The secretary of the board official f Mlucation shall prepare and have printed an official ballot, b diich shall be in substantially the same form as provided in he general election law, on which shall be placed the names >f all who have been duly named for members of said board, n the printing of such ballots the provisions of the general av,- of the state for transposing and alternating the names of andidates shall apply: Provide.], That no parly emblem Proviso, >r designation shall he placed upon school election ballots. Stem --!') 5847. SEC. 7. Except as provided in this act, the conduct of oanner of conducting elections shall be the same as provided election - 96 STATE OF MICHIGAN, Referendum. Ballot. Re-submis- Form. in the general school laws of this state and any local act i force in such district. Am. IDtg, Act 303. Effective when ratified by electors in accordance with section 9 O f 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 vot- ing 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 ? No [ ] '(l ) 24) 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 wlieii submitted at any succeeding special or gen- eral election. Sections amended. Registration. 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 thous- and eight hundred forty-seven of the compiled laws of nineteen hundred fifteen, are hereby amended so as to read as follows : (226) 5842. SEC. 2. A registration of the qualified electors in each district shall be made in each voting pre- cinct, and the name, sex and address of each person register- ing, and whether the owner of property assessed for school taxes or a parent or legal guardian of children of school age. GENERAL SCHOOL LAWS. 97 Si -h registration shall in nil respects not herein specified be HOW ., ' . . ., , , . . , ,. i conducted. co iducted in the same manner as (lie registration required or provided for with reference to general elections, and all la ,'s of the stale for preserving the purity of elections and for pi 'venting fraud and corruption, shall govern all elections ai 1 registrations under tin's act so far as the same are applic- al e. No unregistered person shall be allowed to vote at any iim-tnstcn.i sc iool election unless such person has qualified under oath p< U) der the provisions of law regulating elections in cities. The First fii st registration of voters shall be made in each voting pre- r ci ict in said district on the last Saturday previous to the date ol the animal school election as fixed by law, or of any special el 'ction that may be ordered or provided by law, and subse- subsequent qi ent registrations shall be made on the last Saturday pre- r C( iing any election in such district, and whenever the board ol education may provide for a general registration therein: P -ovided. however, The board of education may make pro- Proviso, v:sion for the registration of the school electors of said dis- 01 ti ict on such days and times other than those above mentioned, a it may deem advisable, and may provide for the registra- ti >n of qualified school electors by the secretary of the board education when the boa rds of registration in the precincts of s. id district are not in session. Boards of registration shall Hours boards b; in session in the several voting precincts continuously be- i] t^eeii the hours of three o'clock and eight o'clock in the after- n ton on registration days, and such additional hours as the I ard of education may direct. (227) 5S1T. Si;c. 7. Except as provided in this act, the Lawgovem- n anner of conducting elections shall be the same as provided ln in the general school laws of this state and any local act in force in such district : Provided, however, In a school district Proviso, operating under any local act which fixes the hours during v isfon^ " which the polls shall be open for elections, the board of edu- cation of said district may determine hours other and differ- ent from those so lixed during which the polls shall be open I'M- elections in said district if it deem the same advisable: Provided further. In any school district coining within the Further* 1 rovisions of this act, the board of education shall determine proportions, what questions and propositions, other than the issuance of bonds, shall le 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 other by a vote of the electors of the district is required or neces- q t;ary, shall be acted upon at the annual meeting of the voters of i he district, or at a special meeiing thereof, called and held as provided by law. IL'L'SI BBC. -. This act shall not be in force or take effect Referendum, n any district, which shall have adopted the provisions of aid act number two hundred seventy live (' the public acts 3f nineteen hundred tifteen. until a majority of the voters voting on such proportion shall vote in. favor of the same. 98 STATE OP MICHIGAN. Such proposition may be submitted to the voters of any such school district at such time or times as the board of education Ballot. of such district shall determine, and when submitted, the bal- lot for voting thereon shall be in substantially the follow- ing 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 hundred fifteen, said act so amended being "An act relative to dividing city school districts into election precincts; to provide for the registration of voters and for the holding of election therein ?" Yes ( ). No ( ). MISCELLANEOUS PKOVISIONS RELATIVE TO EDUCA- TION AND THE SCHOOLS. When board to purchase text-books. Proviso. Further proviso. 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 erwct: (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 textbook 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 district shall be uniform in any one subject. The section above referred to is section 60. FREE TEXT-BOOKS : It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation. Bd. of Education v. Detroit, 80/948. TEXT-BOOKS: The provision of the law that books once adopted shall not be changed within five years was designed to protect the public and not for the benefit of book publishers. A tt'y Gen'l v. Bd. of Ed., 138 /6&1. A resolution of the board directing the purchase of a specified text-book for the use in the schools constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the book GENERAL SCHOOL LAWS. 99 wa completely Installed in the school. A resolution of the board to purchase cei ain text-books for "supplementary use" shows no intention to adopt, and is llegal and void. Att'y Gen'l ex rel. Marr v. Bd. of Edu., Detroit ; D. C. H< th & Co. v. same. 133/681. Under its organic act (Act 233 of 1869) the Detroit board of education car not buy school books for high school students and sell them at cost. At orney General v. Bd. of Ed. of Detroit, 175/438. (230) 5782. SEC. 2. The district board of each school Board (1 strict shall select the kind of text-books on subjects enumer- tSe^SS. at 3d in section one to be taught in schools of their respective (1 -Uriels: Provided, That nothing herein contained shall proviso. r quire any change in text-books now in use in such district. T ley shall cause to be posted in a conspicuous place, at least Notice to t n days prior to the first annual school meeting from and Juest?on. ;i ter the passage of this act, a notice that those qualified to v te upon the question of raising money in said district shall v >te at such annual meeting to authorize said district board t purchase and provide free text-books for the use of the p ipils in said district. If a majority of all the voters as a >ove provided present at such meeting shall authorize said 1 >ard to raise by tax a sum sufficient to comply with the pro- v sions of this act, the district board shall thereupon make a 1 st of such books and file one copy with the township clerk juid keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to t ic superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the i se of all pupils in the several schools of their district, as 1 ereinaf ter provided. The text-books so purchased shall be Books to be the property of the district purchasing the same, and shall be SESSSfetc. limned to pupils free of charge, under such rules and regula- tions for their careful use and return as said district board i iay establish: Provided, That nothing herein contained shall Proviso, prevent any person from buying his or her books from the district hoard of the school in which he or she may attend: Provided further, That nothing herein contained shall pre- Further vent any district having once adopted or rejected free text- provi8a books from taking further action on the same at any sub- sequent annual meeting. (231) 5783. SEC. 3. It shall be the duty of the district Board to >oard of any school district adopting free text-books provided withpub- . ? or in this act to make a contract with some dealer or pub- lisners - etc - isher to furnish books used in said district at a price not 41 rater than the net wholesale price of such books: Provided, Proviso. That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. >'2) 5784. SEC. 4. The district board of every school district iu 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 conditions 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 100 STATE OF MICHIGAN. When director to purchase books, etc. Refusal or neglect of duty a mis- demeanor. now provided by law to be raised; which amount each town- ship 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 pur- poses, and when collected shall be paid to the district treas- urer in the same manner as all other money belonging 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 mod- erator, upon the treasurer or assessor of the district for price of the books so purchased, including the cost of transportation. (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 nuiy, when so authorized by a majority vote of their district boards, sub- mit the question of free text-ibooks to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. Penalty. Proviso. Further proviso. In cities, boards may submit ques- tions to voters of district. SPECIAL CHAIRTEK.S : The action of tue 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, SO/55'1. GENERAL SCHOOL $A\Y. 101 A Act to regulate the sale, exchange, and use of school text-books vithin this state, to provide penalties for the violation hereof, and o repeal act number three hundred fifteen of the public acts of lineteon hundred thirteen, entitled "An act to regulate the sale of I school text-books," the same being sections five thousand seven Hind red eighty-seven to five thousand seven hundred ninety-eight, nclusive, of the compiled laws of nineteen hundred fifteen. [Art :{so. P. A. 1919.] Tin- /Vo/>/r of Hie State of Michigan enact: i 1 :;." i SK.-MOX 1. No board of education or school official i juiy school district in this state shall purchase, procure I- exchange, adopt, or permit to be used in the schools of any books - s icli district any school text-book which is not listed with the s merintendent of public instruction as hereinafter provided. / n y person, linn or corporation desiring to offer school text- putyof P ub- 1 )oks for adoption, sale, or exchange in the state of Mich- lisher> etc - i ,'an shall tile, with the superintendent of public instruction < ipies of all such text-books together with a sworn statement < f the usual list price, the lowest net wholesale price, and t ic lowest exchange price at which said book is sold or ex- ( hanged I'm- an old book on the same subject of like grade and 1 hid but of a dilVerent series. No text-book shall be listed by Contract the superintendent of public instruction unless the person, required ' ! rni, or corporation offering the same shall enter into a writ- ten contract with the superintendent of public instruction, i cting on behalf of the state of Michigan and the school dis- tricts thereof, which said contracts shall embrace the follow- conditions, ing terms and conditions : i a i That said person, linn, or corporation will furnish any Agreement of the books listed in said statement, and in any other state- etc!"" lsh> nient subsequently tiled by him, at any time within a period of e automatically reduced in the state of Michigan whenever re eductions are made elsewhere in the I'niled States, after lanuary one, nineteen hundred eighteen, so that at no time shall any bonk so tiled and listed be sold or offered for sale by such person, tirm. or corporation in the state of Michigan at higher net prices than are received for such book else- where in the Tinted States, and regardless of whether such book is so sold or offered for sale elsewhere in accordance with the terms of a contract, or otherwise; to That all text books offered for sale, adoption, use, or Equal exchange in the state ,f Michigan shall be at least equal in quality to those deposited in the ollice of the superintendent of public instruction as regards paper, binding, printing, illus- 102 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 ; special (d) That in case any abridged 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 cor- poration: Provided, That nothing in this act shall be con- strued to disturb contracts entered into with school boards previous to January first, nineteen hundred nineteen. (236) SEC. 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) SEC. 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. 103 ii ines at any time that the conditions of said contract have li ?en violated, he shall cancel the listings of any person, firm, <' corporation so in default; and therefrom and thereafter 10 text-books sold or offered for sale by any such person, firm, CT corporation shall be purchased or taken by exchange or < therwise by any school board, school district, or school < fficial within this state. (238) SEC. 4. The superintendent of public instruction Publication h hall annually, and at such other time or times as he may Ol < eem expedient, publish and send to each board of education vithin the state a copy of all lists of school text-books then in orce in his office showing the prices at which such books may >e purchased. Any list so issued shall remain effective until uperseded or cancelled. No school text-book shall be pur- Books not hased, adopted, or used for or in the schools of any school ulted unles listrict within the state unless the same is contained in the ist so put forth by th,e superintendent of public instruction ind in effect at the time of the purchase, adoption, or ex- change. In no case shall any filing by any person, firm, or when filing corporation become effective until the publication of a list * Dy the superintendent of public instruction. (239) SEC. 5. It shall be the duty of all school superin- tendents and principals and school officials in the various dis- tricts of the state to notify the county commissioner of schools of the county, in which such district may be, of any violation of any of the terms or conditions of said contract or said bond that shall come to their knowledge. In school districts in- cluded in whole or in part within the limits of any incor- porated city, such report shall be made to the board of educa- tion of the district and said district shall thereupon inform the county commissioner of schools of the occurrence. If, after investigation, said county commissioner of schools con- cludes that there is good ground for believing that the con- tract or bond has been violated, he shall immediately report the matter to the superintendent of public instruction. Said when listings . A cancelled. superintendent shall, upon receipt ot any such report, cause the 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 ami 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-hooks is modified by striking therefrom the names of all books sold or offered for sale by such person, linn, or corpora- tion. The superintendent of public instruction may, in his May termj- discretion, declare the contract entered into with any such ni person, linn, or corporation to be* terminated as to future transactions, and he may refuse thereafter to enter into any new contract, therewith. In case any contract made here- Action on under is thus terminated, an action on the bond may be b( brought in the name of the people of the state of Michigan by the attorney general and the amount of such bond shall be 104 STATE OP 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 num/ber of sample copies of school text-books for examination with a view to ob- taining 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 transporta- tion and the cost of handling. (243) i>l<' of the State of Michigan cmict: n'17) .~>S71. SI-:TION 1. For the purpose of lessening Education in rime and raising the standard of good citizenship, and incul- JJj!jJJS s> a I ing- the spirit of humanity, such humane education shall be .liven in ihe public schools as shall include the kind and just treatment of horses, dogs, cats, birds, and all other animals. iLMSi r>sTi'. SEC. 2. In every public school w r ithin Ihis 'iv:iriinK of state, a portion of the time shall be devoted to teaching the ki pupils thereof kindness and justice to, and humane treatment and proteriion of, animals and birds, and the important part they fuliill in ilie economy of nature. It shall be optional IIow taught, with each teacher whether such teaching shall be through humane reading, stories, narratives of daily incidents or illus- trations taken from personal experience. This instruction Part of study. shall lie a part of the curriculum of study in all the public schools of the state of Michigan. iL'l!h $ r>s7:;. Si:c. 3. The principal or teacher of every certified 100! shall certify in his or her reports that such instruc- r has been given in the school under his or her control. 106 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 7r of lite, Xtaic of Michigan enact: (iMili Si.cimx ,1. In all public and private schools lo- Teaching of aled within the state of Michigan, commencing with the$gj^ n school year nineteen hundred twenty-one, there shall be given egnlar courses of instruction in the constitution of the United >tatcs and in the constitution of the state of Michigan. i -Mil') Si:<\ i'. Such instruction in the constitution of the Period Tinted States and the constitution of the state of Michigan >hall begin not later than the opening of the -eighth grade, Hid shall continue in the high school course to an extent to >e determined by the superintendent of public instruction. FIUK DRILLS IN SCHOOLS. I I'Xtnn-t from A< i 17\ 1'. A. r.) !."..] !I1KI. SKC. 10. Ij shall be the duly of (lie state Fir<> drills in lire marshal and deputy and assistant lire marshals to require sc teachers of public and private schools and educational insti- tutions to have one lire drill each month and to keep all doors and exits unlocked during school hours, and it shall be the iv of such teachers to comply with these requirements. Ily of s . 110 STATE OP MICHIGAN. PUBLICATION OF PROCEEDINGS OF ANNUAL SCHOOL MEETINGS. Publication of proceed- ings, etc. Penalty for neglect. An Act to provide for the publication of the proceedings of the annual school meeting, and an annual financial statement in graded school districts in which a newspaper is published, and to provide for the expense thereof, (a) [Act. 1S5, P. A. 1897.] The People of the State of Michigan enact: (264) 5809. SECTION 1. Previous to the first Monday in August of each year the board of education or board of trustees, as the case may be, of each graded school district in this state shall cause to be published in a newspaper pub- lished in said district, or in the county in which said district is located, said newspaper to be designated by said board of education, a complete statement of the proceedings of the annual school meeting, and an itemized financial statement of the receipts and expenditures of said district during the preceding school year, the expense of said publication to be paid out of the general fund of the district and proof of said publication shall be filed in the office of the superintendent of public instruction not later than August fifteenth of each and every year. Am. 1917, Act 269; 1919, Act 350. (265) 5810. SEC. 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. DISPLAY OF U. S. FLAGS. Flags and appliances to be purchased. Time for displaying. An Act to provide for the purchase and display of United States flags in connection with the public school buildings within this state. [Act 50, P. A. 189-5.] The People of the State of Michigan enact: (266) 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, (a) Title amended 1919. Act 3SO. GENERAL SCHOOL LAWS. Ill he public school building during school hours and at such >ther times as to the said board may seem proper; and that Expense to he necessary funds to defray the expenses to be incurred fe lerein shall be assessed and collected in the same manner as moneys, noneys for public school purposes are collected by law. And Penalty. 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. OBSERVANCE OF HOLIDAYS. in Act designating the days to be observed as holidays in the public schools of this state. Ul * [Act 11. P. A. The People of the State of Mirhit/an enact: (267) 5823. SECTION 1. The following days, namely, Holidays, he 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 first Monday of September, commonly called Labor day, and the twenty-fifth day of December, commonly called Christ- mas day, all Saturdays and all days appointed or recom- mended by the governor of this state or the president of the United States as days of fasting and prayer or thanksgiving all, in all the public schools of the state, be treated and considered as public holidays and on such above specified days there shall be no school sessions in any of such public schools of this state: Provided, That the salary of school proviso, officers and teachers shall be in no way affected by reason of SfectS. not the dismissal of school on any of the above mentioned days: Provided further, That on the following days, namely, the Further twelfth day of February, commonly called Lincoln's birthday, observance of the twenty second day of February . commonly called Washing- other days, ton's birthday, I he seventeenth day of September, being the date of the adoption of the federal constitution, the twelfth day of October, commonly called Columbus day. I lie twenty- seventh day of October to be known as Roosevelt's birthday, and the eleventh day of November, commonly called Liberty lay, it shall be the duty of all school officers and teachers to have the schools under their respective charge observe such mentioned days, namely, the twelfth day of February, the twenty-second day of February, the seventeenth day of Sep- tember, the twelfth and twenty seventh days of October, and the eleventh day of November, by proper and appropriate Commemorative exercises, and such days shall not be con- sidered as legal holidays for schools. Any teacher neglecting Penalty for to perform the duty hereby imposed shall be liable to have 112 STATE OF MICHIGAN. his or her certificate revoked by the county commissioner of schools or by the superintendent of public instruction. Am. 1919, Act 72. Requirement (268) 5824. SEC. 2. Hereafter in all examinations for gra!e ght eighth grade diplomas, all applicants shall be required as a diploma. o f ga ^ examination to write from memory the first verse of the Star Spangled Banner and the words of America. Carleton day. How observed. An Act 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: (269) SECTION 1. The twenty j first day of October in each 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 superintendent of public instruction shall designate the day nearest such twenty-first day of October as "Carleton day." On such day it shall 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. KETURNS FKOM ACADEMIES. Reports to be made to superintend- ent of public instruction. An Act requiring certain returns to be made from incorporated academies, and other literary institutions. [Act 1-0, S. L. 1680.] Be it enacted ~by the Senate and House of Representatives of the State of Michigan: (270) 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 superin- tendent of public: instruction, between the first and fifteenth days of December, in each year, a report, setting forth the amount and estimated value of real estate owned by the cor- poration, the amount of other funds and endowments, and GENERAL SCHOOL LAWS. 113 tin yearly income from nil sources. I lie number of instructors, til- number of students in the different classes, the studie< pn sued, and the books used, the course of instruction, the tej us of tuition, and such other matters as may be specially re< nested bv said superintendent, or as may be deemed proper by the president or principal of such academies or institutes, to 'liable the superintendent of public instruction to lay before tin legislature a fair and full exhibit of the affairs and cnudi- a of said inst it in ions. Act to authorize the regents of the university of Michigan to rant teachers' certificates in certain cases, and to repeal act one tundred forty-four of the public acts of eighteen hundred ninety- ne, and all other acts or parts of acts contravening the provisions 'f this act. [Act 213, P. A. 1903.] . The People of tin NM/r t,f Michigan i L'Tl i risli*. SKCTIO.N 1. The regents of the university of Regents M chi-an. through the faculty of the school of education may !','"?! Stel ^;aiii to every person receiving a bachelor's, master's or d< dor's decree, a certificate which shall serve as a legal cer- ti icale of qualification to teach in any of the schools of this st He, when a copy thereof shall have been filed or recorded in the ollices of the legal examining otlicer -or ollicers of the county, 1< wnship. city or district where such person expects to teach. S ich certificate shall n.l be liable to be annulled except by t he Annulment, Sfid board of regents; but its efl'ed may be susjM'iided in any'' 1 c< iinty, township, city or district and the holder thereof may In- stricken from the li>i of qualified teachers in such county, t( wnship. city or district by the legal examining officer or officers of the said county, township, city or district for anv cause and in the same manner that such examining otticer or ollicers may be by law authorized to revoke certificates granted b , himself or themselves, and such suspension shall continue ii force until revoked by the authority suspending: I'ro- v ded. That the said board of regents may recognize an I iive cedit for work done in other educational institutions in the Mice and art of teaching, if said woik is e. If, at any time, the said board of e< ucation shall conclude that any college, the graduates of duty or \\ iich may desire to receive such certificate, is not giving such boanl it struct ion in the science and art of teaching and in the her branches as shall be approved by said board, then said b >ard shall -so determine by a formal resolution, and shall j: ve notice thereof to the trustees of such college, and there- a 'ler no teachers' certificates shall be given by said board to t ie graduates of such college until said board shall be satis- 1 IM! that proper instruction in the. science and art of teaching juid in [the] other branches is given by such college, and shall -rtify such fact to the trustees of such college. Act to authorize the state board of agriculture to grant teachers' certificates in certain cases. [Act 165, P. A. 1909.] The People of the State of Michigan enact: (275) 5817. SECTION 1. The state board of agriculture, recommendation of the president and heads of departments granting of, the Michigan agricultural college, is hereby authorized to duratlon - grant to persons who have completed the regular four-year course in agriculture, together with a course in pedagogics covering at least a half year's special instruction in such subject, a teacher's certificate, which shall serve as a legal qualification to teach agriculture and the related sciences in my of the public schools of this state for the period of three vears. (276) 5818. SEC. 2. Before the certificate herein men- Recording tioued shall be valid in any county or city, the holder thereof vali shall record ihe same in the oflice of the legal examining ollicer of the county or city where such person expects to teach. Such certificate shall not be liable to be annulled, except by the said state board for any cause which would have justified the board in withholding such certificate. i-77) $ .~si!). SKC. :i. The secretary of the Michigan agri- Record of, Itural college shall keep a record of all teachers' certifi- tes so granted by said state board of agriculture and shall rnish the superintendent of public instruction annually wiih a copy of such list. I I 116 STATE OF MICHIGAN. Who may not teach. State institutions. Proviso. Further proviso. An Act to prohibit the granting of teachers' certificates to other than citizens of the United States. [Act 220, P. A. 1919.] The People of the State of Michigan enact: (278) SECTION 1. No certificate qualifying a person to teach in the public schools of this state shall be granted to any person who is not a citizen of the United States or who has not declared his intention of becoming a citizen.- Any cer- tificate granted in contravention of the provisions of this act shall be void. Also it shall be unlawful for the board of con- trol having in charge any state institution of learning to employ therein regularly as a teacher or in any other capacity any person who is not a citizen of the United States: Pro- vided, however, That this requirement shall not apply to per- sons who are thus actively employed when this act takes effect: Provided further, That this requirement shall not be construed as prohibiting such boards of control from employ- ing for limited periods instructors or lecturers who are citi- zens of foreign countries. SUPERVISION OF PRIVATE, ETC., SCHOOLS. Assistants, may employ. An Act to provide for t ne supervision of private, denominational and parochial schools; to provide the manner of securing funds in pay- ment of the expense of such supervision; to provide the qualifica- tions of the teachers in such schools; and to provide for the en- dorsement of the provisions hereof. [Act 302, P. A. 1921.] The People of the State of .Michigan enact: Private, etc., (279) SECTION 1. The superintendent of public instruc- scnoois, supsr- . /* -11 j i vision of. 1 1011 is hereby given supervision of all the private, denomina- tional and parochial schools of this state in such matters and manner as is hereinafter provided. He shall employ such assistants and employes as may be necessary to comply with the provisions hereof and fix the compensation thereof; the number of assistants and employes and the compensation pay- able thereto being subject to the approval of the state admin- islrative board. Such 'salaries iaiid expenses shall ibe paid by the treasurer of the state of Michigan upon the warrant of the auditor general from the fund as herein designated, at such time and in such manner as other state officers and employes are paid. The superintendent of public instruction shall have the authority to remove any appointee under this act at any time that he may deem such removal advisable. It is the intent of this act that the sanitary conditions of such schools, the courses of study therein, and the qualifications of the Removal. Intent of act. GENERAL SCHOOL LAWS. 117 chops thoponf shall lo of tlio same standard as provided by . general school ];i\vs of tho slate. '280 1 Si:r. i. A private, denominational op parochial 8( lool within tho moaning of this act shall be any school Other d II in a pnhlir school giving instruction to children below tho of sixteen years iii I'.c t'rsi ei>gh4 gia !es as jio\id\v provided by law and that the superintendent of public instruction may direct such other examinations at such time and place as he may see fit. In all such examinations two sets Kxamina- of questions shall be prepared in subjects ordinarily written* 1 on Saturday, one of which sets shall 'be available for use on Wednesday by applicants who observe Saturday as their >ahbath: Provided further, That any certificate issue 1 Kunju-r i nder or by virtue of this act shall be valid in any county in '" this stale for the purpose of teaching in the schools operated i nder this act: Provided further. That any person holding a Further certificate issued by the authorities of any recogni/ed or ac- proviso - reditod normal school, college or university of 'this or other ftato shall be entitled to certification as now provided by law : Provided, however. That teachers employe.! in such pri vat e. Proviso. denominational or parochial schools when this act takes effect .-hall have until September lirst, nineteen hundred twenty-five, io obtain a legal certilieate as herein provided. i I'M' i Sr.r. 1. In event of any violation of this act the Failure Miperintendeut of public instruction shall serve the person, " leixins, corporation, association or other agencies who oper- ate, maintain and conduct a private, denominational or paro- hial school within the meaning of this act with a noiieo, time ind place of hearing, such hearing to take place within fifteen u-;iri.^. lays after the date of said notice ;:nd at a place located in w iveniently near the county where such violation look place, accompanied by a copy of the complaint stating the 118 STATE OF MICHIGAN. Proviso. Order to comply. Proviso. May close school. Compulsory attendance. May inves- tigate, etc. Appropria- tion. substance of said violation : Provided, That no person' shall be called to attend any such hearing on any day observed by him as the Sabbath. If at such hearing the superintendent of public instruction shall find that the violation complained of has been established he shall then serve said person, per- sons, corporation, association or other agencies with an order to comply with the requirements of this act found to- have been violated within a reasonable time not to exceed sixty days from the date of such order: Provided, That in the event that such order refers to sanitary conditions that the said person, persons, corporation, association or other agencies shall have six months in which to remedy the defect. If the order of the superintendent of public instruction as specified in said notice shall not have been obeyed within the time specified herein said superintendent of public instruction may close said school and prohibit the said person, persons, corporation, association or other agencies operating or maintaining such private, denominational or parochial school from maintain- ing said school or from exercising any of the functions here- under until said order of the superintendent of public in- struction has been complied with. The children attending a private, denominational or parochial school refusing to com ply with the requirements hereof after proceedings herein set forth shall be compelled to attend the public schools or approved private, denominational or parochial school under the provisions of the compulsory education act, the same being act number two hundred of the public acts of nineteen hun- dred five, as amended. And it shall be the duty of the person or persons having charge of the enforcement of the said compulsory education act, upon notice from the superintend- ent of public instruction that said private, denominational or parochial school has not complied with the provisions hereof, to compel the attendance of the children of said school or schools at the public schools or approved private, denomina- tional or parochial school. (283) SEC. 5. The superintendent of public instruction by himself, his assistants, or any duly authorized agent, shall have authority at any time to investigate and examine into the conditions of any school operating under this act as to the matters hereinbefore set forth and it shall be the duty of such school to admit such superintendent, his assistants or author- ized agents and to submit for examination its sanitary condi- tion, the records of enrollment of pupils, its courses of studies as set forth in section one of this act and the qualifications of its teachers. Any refusal to comply with provisions herein on the part of such school or teacher shall be considered suffi- cient cause to suspend the operation of said school after pro- ceedings taken as stated in section four of this act. (284) SEC. 6. There is hereby appropriated out of the general fund in the state treasury for each of the fiscal years ending June thirty, nineteen hundred twenty-two, and ending GENERAL SCHOOL LAWS. 119 Jin e thirty, nineteen hundred twenty-three, the sum of six tho isand dollars to carry out the provisions of this act. The am itor general shall add to and incorporate in the state tax for each of the years nineteen hundred twenty-one, and nine tee hundred twenty two, the sum of six thousand dollars, wh ch when collected shall be credited to the general fund 1o reii iburse the same for the moneys hereby appropriated. i 285) SEC. 7. Nothing in this act contained shall be con- str led so as to permit any parochial, denominational, or pri- vai ? school to participate in the distribution of the primary scl )ol fund. . CC UNTY COMMISSIONERS AND SCHOOL EXAMINERS. An Act to provide for the election of a county commissioner of schools, f >r the appointment of school examiners, [and] to define" the duties i ad fix the compensation for the same, and to repeal all existing i cts or parts of acts conflicting with the provisions of this act. [Act 147, P. A. 1891.] The People of the State of Michigan enact: 286) 5877. SECTION 1. At each annual meeting of the Examiner, several boards of supervisors of the different counties of the shte, the said several boards of supervisors shall appoint one examiner who shall hold his office for a period of two yeirs from and after the first day of January following his or her election, or until his successor shall have been ap- pointed and qualified, and said examiner, together with the commissioners of schools, shall constitute a board of school ex i n liners. Any person shall be eligible to the office of exam- Eligibility. in ir who shall hold at least a second grade certificate, and has taught in the public schools at least nine months, or who has the qualifications required of commissioner in section three of this act, except an experience of twelve months as teicher. In case a vacancy shall occur at any time in the vacancy. of ice of school examiner, the judge of probate, together with the board of school examiners of the county in which such vrcancy shall have occurred, shall, within ten days after the occurrence of such vacancy, appoint some suitable person to fi 1 such vacancy. And the person so appointed shall hold the olfice for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days oath, where a 'ter such commissioners or examiners shall have receive! 1 legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall 1 ' tiled with the county clerk. The said county commissioner Bond, where so appointed, shall execute a bond with two snllicient sureties to be approved by and filed with the county clerk, in the al sum of one thousand dollars, conditioned that he or 120 STATE OF MICHIGAN. she shall faithfully discharge the duties of his or her office according to law, and to faithfully account for and pay over to the proper persons all moneys which may come into his or her hands by reason of his or her holding such office; and thereupon the county clerk shall report the name and post- office address of such county commissioner to the state super- intendent of public instruction. This act supersedes chap. 12 of Act 104 of IS'Sl. As to tho election of school examiner under that law, as amended by Act 1M>6 of USSTS see Conrad v. Stone, 78/6'3'5. ELECTION OP EXAMINERS : The appointment by a board of supervi- sors of a member of the beard of examiners is the transaction of ordinary busi- ness for which a majority of a quorum is sufficient, and tne appointee is not re'quii>ed to receive the votes of a majority of all the members' elected. Howland v. Prentice, 'H43 | /347. Election of county com- missioner of schools. File oath and bond. Proviso, as to Chippewa county. (287) 5878. SEC. 2. There shall be elected at the elec- tion held on the first Monday in April, nineteen hundred three, and every fourth year thereafter, in eacli county, one commissiotner of schools, whose term of office shall commence on the first day of July, next following his or her election, and who shall continue in office four years, or until his or her successor shall be elected and qualified. The county commis- sioner of schools elected under the provisions of ihis sec- tion shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of public instruction in all respects as provided in section one of this act: Provided, That in the county of Chippewa the commissioner of schools heretofore elected on the first Monday in April, nineteen hundred three, shall hold office until the first day of January, nineteen hundred nine, or until his successor shall be elected and qualified. Hereafter in the said county of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nine- teen hundred eight, and every fourth year thereafter, whose term of office shall commence on the first day of January next following his or her election : Provided, That in the county of Lake the commissioner of schools heretofore elected on the first Monday in April, nineteen hundred seven, shall hold office until the first day of January, nineteen hundred eleven, or until his successor shall be elected and qualified. Hereafter in the said county of Lake, a commissioner of schools shall be elected at the general election to be held in nineteen hundred ten and every fourth year thereafter, whose term j-.'liall com- mence on the first day of January next following his or her election. Note. See section 11. chapter 2,, Act "Ofi. P. A. I'D 1.7. as amend, d by Act 2, 1*. A. liJli), as to tin 1 election of county commissioner ol schools. Eligibility. (288) 5871). SEC. 3. Persons eligible to hold the office of commissioner of schools must possess the following qualifi- cations: Proviso, as to Lake county. GENERAL SCHOOL LAWS. 121 ( ) Twelve months experience as a teacher in the public sell- ols of this slaie; ( .) Must lie a graduate of llie literary department of son ' reputable college, nniversily. or stale normal school \\i\\ ng a course of al leasj three years: Provided, That the Proviso,^ hoi er of a state teacher's cert ilicate. or of an indorsed lirst certificate. gra le cert ilicate, or of a certificate granted in another state a n< indorsed hy the slaie hoard of education of this state, > Shu 1 he eligible in any county: Provided further, That per- Further soi ; who now hold the ollice of eominissioner of schools shall pl he 'ligihle to succeed themselves: Provided further, That Further in oiinties employing less than lifty teachers a person hold- 1 inj at the time of his or her election a second grade certificate sh; II he eligible in the county where such certificate was gr. nted, unless a pel-son qualilied as heretofore provided can- no he secured (n till the position. !UALlFI-.\ Tluxs OK < '< I.M M l SSK >.\i:u : A high school is not a college \vit in the meaning ui' tliis section. A special first grade certificate not gra' ti-il at. one of the regular puhlie examinations provided for hy law. or nii- granted without any examination, or one granted upon public examina- tloi afti-r diction as eion.-r. does not (|iialify. Holding the office of Lary of the hoard of examiners under Act Hoii of I8S7 (amendatory of eh;i . 1 u of the primary school law, now superseded) is not a qualification. e v. Howlett. !4 10."). The legislative intent is to keep up the standard of i ^idlers hy re.quiring certain educational (|iialificat ions in the persons whose din it is to examine the teachers and di-termine their litness for their work. ' v. Ilowlett, '.M 1C,!). In the ease of Attorney (leneral v. Lewis, I'ol/ , 81, it was held that persons elected to the office of commissioner, and, holding i h'- same after the amendment . The board of school examiners Certificates, all meet on the Saturday of the week following each public u e.Naminat ion held according to the provisions of sect ion four of Itlis act. and shall grant eertilirates to teachers in such form a.- the superintendent of public instruction shall prescribe, li'-ensing as teachers all persons who have attained the age ol eighteen years, who have attended such public examina- li MIS and who shall be found qualilied in respect to good moral character, learning and ability to instruct and govern a school, h it no certilicate shall he granted to any person who shall n<)t have passed a satisfactory examination in orthography, ading. writing, grammar, geography, arithmetic, theory and 122 STATE OF MICHIGAN. Proviso. Proviso. art of teaching, United States history, civil government, physiology and hygiene with reference to the effect of alcoholic drinks and narcotics upon the human system, school law, agri- culture, and the course of study for the district schools of Michigan prepared by the superintendent of public instruc- tion: Provided, That no certificate shall be granted under the provisions of this act to ^auy person who shall not have completed a term of at least six weeks' work in professional training in a state normal school or in one of the county normal training classes of the state or any normal training school conducted by any municipality in the state, or in any school approved by the state superintendent of public in- struction; but the completion of one-half year of work in a school maintaining four years' of work above high school rank shall be accepted in lieu of this requirement. This proviso, however, ishiall not apply to persons who have taught in tflie schools of the state for at least five months .prior to July one, nineteen hundred sixteen : Provided, That no certificate shall be granted under the provisions of this act after September first, nineteen hundred twenty-five, to any person who shall not have completed one year's work in professional training in a state normal school, or in one of the county normal train- ing classes of the state, or any normal training school con- ducted by any municipality in the state, or in any school ap- proved by the superintendent of public instruction, above an approved four year high school course, in any school specified herein for one year of professional training : Provided further, That any commissioner may, upon the request of any holder oif a second or third grade certificate, send the papers wiutten by such person, properly certified and under seal, to the county board of school examiners of any other county for its examination, and such board of school examiners may in its discretion, receive such papers and if it accept them shall treat them in the same manner as if written at a public ex- amination in its own county: Provided further, That the board of examiners shall have the right to renew a second or third grade certificate without examination of any person who shall have previously attained an average standing of at least eighty-five per cent in all the studies covered in two or more previous examinations, and who shall have been since such last named examination continuously and successfully teach ing in the public schools, but no renewal of a second or third grade certificate shall be granted after September first, nine teen hundred twenty-five, to any person who shall not have completed a term or terms of at least twelve weeks' profes- sional training, in such school or schools as designated for six weeks' professional training specified in this section, since the last certificate was issued to said person either by renewal or upon examination : Provided further, That an indorsed first grade certificate may be renewed in the county Avhere issued or in the county where the holder may be teaching at the Further proviso. Further pro- viso, second or third ificate. Further proviso. GENERAL SCHOOL LAWS. 123 ,timj of its expiration, without examination, if the applicant for such renewal shall have previously attained an average sta iding of at least eighty-five per cent in all studies covered in wo or more previous examinations, and shall have been sin e such last named examination continuously and success- ful y teaching in the public schools, but no renewal of a first gm le certificate shall be granted after September first, nine- tee i hundred twenty-five, to any person who shall not have coi ipleted a term or terms of at least eighteen weeks of pro- fes donal training, in such school or schools as designated for six weeks' professional training specified in this section, since the last certificate was issued to said person either by renewal or upon examination : Provided further, That in granting rei ewal-s under this act, attendance at a reputable university, co^ lege, or normal school during the regular school year shall be counted in lieu of teaching for the same period : Provided fu ther, That any teacher who has completed two years of pr Sessional training shall not be required to take further pr Sessional training to secure a renewal of his certificate; ab o, any teacher who shall furnish proof to the superintend- en : of public instruction of five years of successful teaching previous to the passage of this act, the last three years of wl ich have been continuous, shall be granted a renewal of a 1 ce 'tificate without complying with the requirements for pro- fessional training herein designated. All certificates shall be signed by the county commissioner and by at least one of the members of the board of examiners. No person shall be con- who con- sidered a qualified teacher within the meaning of this act, nor feacher. shall any school officer employ or contract with any person to teich in any of the public schools under the provisions of this act who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination Questions, questions shall be prepared and furnished by the superintend- ent of public instruction to the county commissioner, under s Him- >f making tin- simr. :i certificate authorizing her to tfiirli during tin- term rcm-ivd by the con- t. MoClosky v. School Dist. No. 5, 134, I 1(291) 5882. SEC. G. There shall be three grades of cer- ficates granted by the board of school examiners in its ers for first grade certificates favorably passed upon by board of examiners, together with such certificate, shall forwarded to the superintendent of public instruction with- 124 STATE OF MICHIGAN. Further proviso. Further pro- viso, how validated out- side county. Second grade. Third grade. Class A. Class B. When cer- tificates expire. Special certificate. Proviso. in 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 instruction 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 certifi- cate, unless it shall give reasons satisfactory to the superin- tendent of public instruction for withholding the same: And provided further, That no first grade certificate shall be valid in any county other than that in which it is granted, unless approved and countersigned by the superintendent of public instruction and a copy filed with the county commissioner in the county in which the holder of said certificate desires to teach. The certificate of the second grade shall be granted only to those who shall have taught at least seven months with ability and success, and it shall be valid throughout the county for which it shall be granted for three years, and such certificate may be transferred to another county as provided in section five of this act. The certificates of the third grade shall be divided into two classes known as A and B. Third grade certificates of class A shall be granted only to persons who have taught successfully and continuously for at least three years next preceding the examination in primary de- partments 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 skall 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 transferred 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. Certificates granted under the provisions of this act shall expire on June thirtieth; those certificates that are granted on the examination held on the last Thursday of April shall expire in one year, three years, or four years, according to the grade of the certificate, from June thirtieth following the April examination; those that are granted on the examination held the second Thursday of August shall expire in one year, three years, or four years, according to the grade of the certificate, from June thirtieth immediately preceding the August examination. A special certificate issued by the county commissioner of schools shall expire June thirtieth following the date of its granting: Pro- vided, That there shall be no public examination conducted by the board of school examiners for teachers under the pro- visions of this act after the teachers' examination held on the second Thursday of August, nineteen hundred twenty J five, unless it is deemed necessary by the superintendent of public instruction to supply teachers for the schools of this state, in (1KNERAL SCHOOL LA 1 whi< h case lie may require the county school examiners to con- due teachers' examinations ami jjrant certificates as provided in -iiis act previous to September tirst. nineteen hundred t\ve ty-tive. After September lirst. nineteen hundred twenty- when granted live the board of school examiners on the dates specified in SSnattoiu" this act for the issuing of certificates, and on such other dates as ie commissioner shall deem advisable, shall grant certifi- > without examination, to persons, in such form as the sup rintendent of public instruction shall prescribe, licensing as i 'achers all pel-sous who have attained the age of eighteen yea s, and who shall be found qualified in respect to good mo al character, learning and ability to instruct and govern a sch ol. Said board shall grant third grade certificates to those Third grade per ons who shall have completed a minimum of one year of pr< essional training; said board shall grant second grade Second grade cei iiicates to those persons who shall have completed at ^ lea t one and one-third years of professional training; and said First grade bo; i-d shall grant first grade certificates to those persons who w l ha\e completed at least one and two-thirds years of pro- IV s ional training in such school or schools as designated for six weeks' professional training in section five of this act: Pn vided further. That until September first, nineteen nun- Further dnil twenty-five, the county commissioner shall have power, pro upon personal examination in the third grade branches satis- I'adory to himself or herself, to grant certificates which shall lif'iise the holder thereof to teach in a specified district for which it shall be granted, and in no case shall a second special tilicaie be granted the same person within three years. VIM. I.I. 'l-'Al Tli'K'A I KS : A e< rt ill.-;! t e issued to one who has not taken an ox- lation .-it all and whose Qualification are not ascertained upon an cxainina- . is imt sii. h a certiffcatc as the law provides for. People v. Howlett, TIM. Tin- action of the board of examiners in refusing a certificate can- In 1 qii'-stiiiiird by th<" rejected applicant in a suit to recover wages' she !I have earned under her contract but for such adverse action. Lee v. Dist.. 71 :;r,i. A - -t-rt iticate, issued for three years, cannot be legally nl. ers and reports issued by the board, and to keep a record of ill meetings of the board of examiners and of all hearings foi the suspension or revocation of any teacher's certificate, an I to call meetings of the board of examiners at such other tin es than those mentioned in section five of this act as he ms y deem best ; 'liird, To receive the institute fee provided by law and to Fee. ]>;; s the same to the county treasurer quarterly, beginning So >f ember thirtieth in each year; '. r ourth, To keep a record of all certificates granted, sus- Record of pe ided, revoked or transferred by the said board or commis- c sicner, showing to whom issued, together with the date, grade, duration of each certificate, and, if suspended or revoked, with the date and the reason therefor; Fifth, To furnish, previous to the third Monday in July in JJJkSrized ea ih year, to the township clerk of each township in the teachers. co mty, and to each of the officers of every school district in th'j county, a list of all persons legally authorized to teach in th3 county at large during the preceding school year, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such sus- pension or revocation ; Sixth, To visit each of the schools of the county at least m ce in each year and to examine carefully the discipline, the tl( m)de of instruction, the text-books used, the apparatus be- longing to the school, the library, the progress and the pro- ficiency of the pupils, the skill and efficiency of the teacher, tie condition of the school property, and whether the attend- ance at school is in compliance with law, and to make a care- f 1 1 record of these items and report the same to the director oi each district: Provided, That in counties containing one Proviso. hundred or more schoolrooms, the commissioner of schools is horeby authorized to appoint a clerk, who shall perform such duties as said commissioner shall direct, except visiting 128 STATE OF MICHIGAN. Further proviso. Further proviso. Institutes, etc. To examine reports. Compensa- tion of com- missioner, how fixed. schools : Provided further, In counties having from one hun- dred to one hundred and fifty schoolrooms the whole expense incurred for such clerk shall not exceed three hundred dollars in any one year and in counties having more than one hun- dred and fifty schoolrooms the whole expense incurred for such clerk shall not exceed four hundred dollars in any one year: Provided further, That nothing in this act contained shall operate to restrict the board of supervisors of any county from paying such greater sums than herein provided as said boards may deem just and necessary; Seventh, To 'Counsel with the teachers and school boards as to the course of study to be adopted and pursued, and as to any improvement in the discipline, instruct ion and manage- ment of the school, and he may examine and audit the books and the records of any school district at any time when directed to do so by the 'superintendent of public instruction or by application o\v { ,ai.i. i lembers of the county board of school examiners and of any ( lerk appointed by the county commissioner shall be paid i lonthly from the county treasury up;>n such exam'rer or clerk t ling with the county clerk a certitie 1 statran lit of his or 1 er account which shall give in separate items the nature , ml amount of the service for which compensation is claimed. r 'he compensation of the county commissioner shall be paid Monthly from the county treasury: Provided, That in no Proviso. -hall the county commissioner receive any order for com- pensation from the county clerk until he has' tiled a certified statement from the superintendent of public instruction that Jill reports required of the county commissioner have been properly made and tiled with said superintendent : Provided Kurt her turther. That no county commissioner shall receive an order Seta nS for compensation until he shall have tiled with the county statement - clerk a detailed statement under oath showing what school- lave been visited by him during the preceding month and A'hat amount of time wa> employed in each school, naming [he township and >chool district. The actual and necessary 'raveling expenses of the commissioner incurred in the dis harge of his oHicial duties in his own county and the n> -ary and all contingent expenses lor printing, postage, sta- tionery, record books, grading regi>ters. telephone rental, rent of rooms for public examinai ions, teachers' or school ntlicer>* Fceiing>. shall be audited and allowed by the board of supcr- sors 01- the county Imard of auditors. Am. l'.17. Ad '.'I. ASSISTANT VISITOR: M.Hi.ljiniu- ! ',}}< p.ivmr>nt <.f ;i n nssi.- .int visitor of s<-h< denied, when the commissioner had not determined tli.- mr< ii>.itin as r-quin>l. Hi<-k> \. Wayne Co. Auditors, 97/611. 17 130 STATE OF MICHIGAN. Who shall not (295) 5886. SEC. 11. No superintendent of public m- act as agent. , v ...... struction, instructor at institute, county commissioner or ex- aminer, shall act as agent for the sale of any school furniture, text-books, maps, charts or other school apparatus. vacancy^ (296) 5887. SEC. 12. Whenever by death, resignation or removal from office, or otherwise, a 1 vacancy shall occur in the office of county commissioner of schools, the county clerk shall issue a call to the board of supervisors of the county and said board shall meet at the office of the county clerk on a date to be named in said notice, not more than ten days from the date of such notice, and said board shall appoint a person who is qualified according to statute to fill the vacancy for the unexpired portion of the term of office. Sec. 5. of chap iv of Act 203. P. A. 1917 (the election code), provides that in case of vacancies in any county office, other than county clerk and prosecut- ing attorney, the judge of probate, county clerk and prosecuting attorney shall appoint some suitable person to fill such vacancy, and the person so appoint- ed shall hold such office for the remainder of the unexpired term. 5888 ' Sec< 13< The officers of every school dis- trict, except as hereinafter provided, which is, or shall here- after be, organized in whole or in part in any city or village in this state, which is incorporated under the general laws or by special enactment, in which enactment special provisions exist in regard to licensing teachers, shall employ only such teachers as are legally qualified under the preceding sections Proviso. of this act: Provided, That in incorporated cities employing a principal of the high school and also a superintendent of schools who gives not less than one-third of his or her time to school supervision, the superintendent of schools ami the; board of education or a committee thereof shall be empowered to examine their teachers and grant certificates to such as are not already legally qualified, at such times and in such form as the superintendent of public instruction shall pre- Further scribe : 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 superintendent of public instruction : Provided further, That cities having a special and thoroughly equipped normal training depart- ment, under control of a special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teach- ers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the primary school interest fund as the number of unqualified teachers employed bears to the whole number of teachers employed in the district. All school districts organized by special enactments shall, through leir proper niiicers. make such reports as the superintendent f public instruction may require. on 14 r']M-.->,'s "nil nets or pirls of acts conflicting with tho pr-:\-isii.ns s act." As to one effect of this repeal, see IVrri/.o v. Kesler, 93/284. MI NATION FOR ADMISSION TO AGRICULTURAL COLLEGE. .n 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: (298) 5890. SECTION 1. That it shall be the duty of the -tate superintendent of public instruction to secure, at least wice each year, from the president of the Michigan agri- ultural college, a set of examination -questions in all the studies required for admission to said college. It shall also >e the duty of the state superintendent of public instruction o send a printed list of said examination questions to each Bounty commissioner of schools. (299) 5891. SEC. 2. It shall be the duty of each county ommissioner of schools to give public notice of this examina- tion at Ilie time of all regular teachers' examinations, and to Jiibmit fficers of the school districts of the township as heretofore existing, if any, and at such meeting there shall be an ac- counting of the property, records, and funds of such districts md a settlement of the same, and the officers of the several school districts of the township as heretofore existing shall in mediately thereafter turn over to the said board of educa- tion all the books, records, money, property, and other mat- ter or material in their possession and belonging to the public schools of their respective districts to the township board of education and said board shall give to such officers proper receipts, and the secretary of said board of education shall place a full statement of such several settlements in the records of the board of education for said township. Am. I'.ilM, A<-t 13-3. Acts of a municipal corporation may not be defeated by a collateral attack up'.n the rc-irularit.v of its or^.-iiii/ation so as to prevent a bond issue by the drtViulant school district because the proceedings to organize the school district \vTf invalid. Connine v. Smith, 190/632. (304) SEC. la. /Whenever any township school district Disbandment has been organized as provided in this act, and such organiza- tion 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 Referendum qne>tion of the disbandment of such township school district by ^ 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 lie tiled in the office of the township clerk. Upon the filing of Holding of such petition, all of the provisions of section one, insofar as election - 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, counting and canvassing of ballots, and to all other things necessary for a determination of the question of disbandment. The ballots upon which such question shall be submitted shall Form of be in the following form: Shall the township school district of township be disbanded and the township re-districted into separate school district^? Yes ( ). Shall the township school district of township STATE OF MICHIGAN. be disbanded and llio township re-districted into separate school districts? No ( ). If a majority of the school electors of such township voting at such election votes in favor of the proposition, such town- ship school district shall, after the second Monday in July subsequent to such election, be considered disbanded. It shall thereupon become the duty of the township board to re-dis- trict such township, following as closely as possible the territorial limits of the various school districts existing within such township at the time of the organization of the township school district, and such district shall thereupon be governed by the provisions of the general school laws. Immediately following such re-districting by the township board, it shall be the duty of the board of education of such township school district 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 of such property, funds and other matter or material possessed by said township school district equally and pro rata amongst 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 of all of the right, powers and duties now conferred by general law upon school districts. Added 1919, Act 354. (305) 5910. % SEC. 2. All cities organized as school dis- tricts 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 by statute: Provided, That if any such city or graded school district shall desire to give up its own organization as a school district and become a part of the township district, and such district 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 of such city or graded school district for school purposes dis- 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 townsliip all the building, property, appurtenances, money, and material beret ol'ore 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 GENERAL be ird of education as herein provide! : Provided further, T! at where fractional school districts have been organized 11 h< *etofore the organization of the township district I'm- school p rposes shall conform to the boundaries of such school dis- ti cts, and that the s;iid fractional districts shall become a jt; rt of the township district in which the sclioolhouse of such d ^trict is located, and that in the election of school officers s; id boundaries shall be recognized by the officers of the tiA'iiship: Provided further. That in any case where a Furthor fi ictional district has been organized heretofore, such terri- provisc t( ry may be divided so that the township school district b nndary lines shall conform to the township boundary lines, s; id division being made in their discretion by the township b >ards of the townships in which the territory may be located, s id boards meeting in joint session for such purpose. AVhen s ich division has been made, the tc.wnship boards at sai I j hit meeting shall immediately proceed to make an equitable d vision of the property, and money, if any, belonging to such d strict between the townships in which such district was heated. The township clerk of the township in which, the Township s -hoolhouse of such fractional school district is located shall notice. 8 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 s uill notify each member of the township board of his town- > iip of the time and place of such meeting. The joint meeting < f the township boards when assembled shall elect from their i umber a chairman and a clerk, and a majority of the joint 1 oard shall be necessary to determine all questions submitted. The clerk of said joint board shall provide each township ( lerk with an exact record of I he proceedings of said meeting. i.'UMJi .VJ11. S i-:r. :'. The ollicers of said township dis- Board of trict shall consist of live trustees elected at large who shall J^J^ tlon ' constitute the board of education of said district and a regu- lar term of oflice shall be three years. Any person ill the Eligibility, district qualified under the general school laws to hold a Ichool office shall be eligible to election or appointment to >ttice in such district. At the lirst election held under author- when ly of this act, the qualified electors of I he township shall pro *' .'eed to elect by ballot one trustee for the term of one year, two 'or the term of two years and two for the term of three years. md annually thereafter a successor or successors to the trustee or trustees whose term or terms of office shall expire. The term of ollice intended for each person shall be designated (<;j]|j' f of on the ballot and which said ballot shall have printed thereon the names of all candidates and the ollices to be voted therefor, together with instructions ;;s to the method of voting: Pro- Proviso. vided. Thai to obtain the printing of the name of any candidate [Stiltons. " for any of said ollices. s;iid candidate shall lile a nomination petition with the clerk of the school board not less than thirty days before election, which petition shall he signed by 138 STATE OF MICHIGAN. Election inspectors. Duty of township clerk. not less than twenty-five nor more than one hundred quali- fied electors of the school district and each petition shall recite the residence and occupation of the electors signing the same, together with the date of signature. At the first elec- tion held in said township district, the township board shall act as a board of election inspectors and shall receive and canvass the votes, prepare ballots and conduct the election in the same manner as provided for in township elections held under the general law. The township clerk shall keep a record of all proceedings of said first meeting of the district and file a copy of the same in his office and turn over a copy of said proceedings to the- secretary of the board of education when said board is organized. In election of trustees, the person or persons receiving the highest number of votes cast shall be declared elected and he or they shall hold office until his or their successor or successors shall have been duly wtw qualified 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 has the qualifications prescribed under the provisions of the general school law shall be a qualified voter. Am. 191'7, Act 304; 1921, Act 1'33. (307) 5912. SEC. 4. The annual meeting of said town- ship district shall occur on the second Monday of July in each year at the usual place of holding the township meeting, and the school year shall commence on that day. It shall be the duty of the secretary of the board to give notice of all annual meetings and of any special meetings of said district by post- ing a written or printed notice thereof in at least five con- spicuous places in said township, and one notice on each school building, at least five days prior to said meeting. The notice of any annual or special meeting shall state the pur- pose of the meeting, the place, date and hour of holding the same. The notice of the annual meeting shall specify that during the last two hours, or between three and five o'clock, 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 meeting, 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 proceed to canvass and announce the result of the vote. (308) 5913. SEC. 5. If any person offering to vote at a township school district meeting shall be challenged as un- qualified by any legal voter in such district or by the presiding officer, the chairman presiding at such meeting shall declare Annual meeting. Notice by secretary. Polls, opening and closing. Challenge of voter. GENERAL SCHOOL LAWS. 139 the person challenged the qualifications of a voter; and if urh person shall state that lie is qualified and the challenge s not withdrawn, the chairman shall tender to him an oath, a substance as follows: '"You do swear n>r allinn > that you Oath, re a citizen of the United States, that you are an actual fc esident of this school district, or residing upon territory now .ttached to this school district, and that you possess the quali- ications required for voting under the general school laws >f this state," and every person taking this oath shall be per- nitted to vote upon all questions proposed at such meetings, f any person so challenged shall refuse to take such oath his Refusal ote shall be rejected; and any person who shall wilfully take etc! a e ' 1 false oath or make a false affirmation under the provisions )f this section, shall be deemed guilty of perjury. When any luestion is taken any other way than by ballot, a challenge mmediately after the vote has been taken shall be deemed to 36 made when offering the vote, and treated in the same man- aer. Am. 1921, Act 133.. (309) 5914. SEC. G. Within five days after the first elec- Notice to tion under this act the township clerk shall notify in writ- ing the persons elected as trustees of their election, and with- in five days thereafter said trustees so elected shall file with the township clerk a written acceptance of the otlice, accom- panied by an affidavit properly acknowledged that such per- son is a qualified voter on all school questions, and such ac- ceptances and affidavits shall be filed by the township clerk in his office. All persons elected as trustees of the township school district after said first election shall file such written acceptances and affidavits with the secretary of the board of education and they shall be made a part of the records of the district. Am. Id. (310) 5915. SEC. 7. Tho members of the board of educa- tion shall meet on the second Monday following the first elec- officers, etc. tion under this act, and at such meeting the trustee whose term of oflice first expires shall be temporary chairman, and ;it this meeting the trustees shall elect from their number a president, a secretary and a treasurer, who shall severally M-rve in such capacity din-ing his term of office and until his successor shall have been duly elected and qualified. Immedi- ately upon the organization of ilie hoard the secretary shall notify the county school commissioner and the superintendent of public instruction, giving the name and postoffice addn of each officer. A majority of the members of the board shall constitute a quorum, and the hoard shall hold a regular meet- ing on the fourth Monday of each month and one on the Sat- urday preceding the second Monday in .Inly, and no notice of iK-h meetings shall lie required, if the hour and place of such 140 STATE OF MICHIGAN. Special meetings, compensation. Proviso, certain dis- tricts. Meetings. Office, when deemed vacant. meetings shall have been fixed by a resolution of the board and placed upon the record book of the secretary of said board. The trustees shall be allowed compensation for not to exceed four special meetings which may be called by the president and secretary, and the secretary shall give at least twenty- four hours' written notice to each member of the board : Pro- vided, That the provisions hereof with reference to number of regular meetings of board and compensation of trustees shall not apply to school districts having a school population of less than three hundred. In such districts there shall be two regular meetings, one on the fourth Monday of February and one on the Saturday preceding the second Monday of July. All business which the board of education is authorized to perform shall be done at a meeting of said board, and no act shall be valid unless voted at a meeting of the board by an affirmative vote of a majority thereof and a proper record made of such vote. The minutes of all school meetings and board meetings must be signed by the secretary. Am. 1917, Act 314; 1921, Act 1(33. (311) 5910. SEC. 8. A school district office shall be- come 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; Sixfh, His election cr 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, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting. Am. 1192,11, Act IBfi. (312) 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 it may e not maintained the board of education shall pay out of the 'nnds hereinbefore provided for, the tuition of any and all ,'hildren of high school age who desire to attend high schools; (o) To authorize the secretary to purchase and provide Apparatus, >uch incidental apparatus and material as may be deemed ad- chase pur ~ v isable for the schools, and to audit and order the payment of ill accounts for such expenses and material; (p) To employ a superintendent of schools for the town- superin- ship, and to employ such other officers and servants as may be tendent - necessary for the management of the schools and school prop- erty, and to prescribe their duties and fix their compensa- tion. The superintendent of schools herein provided for shall be the Judder of at least a state life certificate or a 1 normal school diploma, or he shall have educational qualifications equivalent thereto and shall be the holder of a diploma from x college or university of recognized standing, and he shall have Duties. the following duties: First, To recommend in writing all teachers necessary for the schools, and to suspend any teacher for cause, until the board of education or a committee of such board may consider such suspension ; Second, To classify and control the promotion of pupils; Third, To recommend to the board the best methods of ar- ranging the course of study and the proper textbooks 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; 144 STATE OF MICHIGAN. To hire, etc., teachers. What con- tract to specify. Fifth, To supervise and direct the work of the teachers; Sixth, To assist the board in all matters pertaining to the general welfare of the school, and to perform such other duties as the board may determine ; (q) To hire and contract with such legally qualified teachers as may be required, and all contracts shall be in writing and signed by a majority of the board in behalf of the district. Said contracts shall specify the wages agreed upon and require the teachers to keep a correct record of all school work, the number of pupils, the classification and grad- ing, the aggregate and average attendance and the percentage of attendance, and to furnish the secretary with a correct copy of the same at the close of school. The* contracts shall also require the board to provide all proper material and keep the school property in proper and sanitary condition. The contract shall be filed with the secretary and a duplicate fur- nished the teacher. A contract with a person not holding a legal certificate of qualification shall be invalid and all con- tracts shall terminate if the certificate of the teacher shall expire by limitation within its term, or if the certificate be suspended or revoked by proper authority : Provided, That in case of illness of the teacher or when a legally qualified teacher cannot be found by the board or by the commissioner of schools, a person otherwise qualified but not holding a cer- tificate may be employed temporarily as a supply, and such supply service shall be paid 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; (r) 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. Am. Id. (313) 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 ap- portioned 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 Where filed. When invalid. Proviso. School month. President of board. To preside. Countersign orders. Prosecute action. Meetings, disturbance of, etc. GENERAL SCHOOL LAWS. 145 her way make such disturbance, and such person shall, on c iiiviction thereof in a court of competent jurisdiction, be Penalty. 1 mished by a line of not less than two dollars nor more than 1 'iy dollars, or by imprisonment in the county jail not ex- < -eding thirty days. Any justice of the peace, recorder or Jurisdiction. ] )lice justice of the county where such offense shall be com- i itted shall have jurisdiction to try and determine the same; Fifth, He may make complaint before a justice of the peace complaint for j gainst any person who shall disturb any school in the town- d s lip by rude and indecent behavior or by profane and inde- < ent discourse or in any other way make such disturbance, ; nd such person shall on conviction thereof be punished by a : ne of not less than two nor more than fifty dollars, or by i nprisonment in the county jail not exceeding thirty days; Sixth, To perform the duties required of the superintendent, other duties, /here such superintendent is not appointed, and such other 'luties as may be appropriate to his office in the management f the schools as the board shall determine. (314) 5911). Sl-C. 11. It shall be the duly of the SCCre- Secretary, ary of each board of education : First, To act -as clerk at all meetings of the district and of cierkof board. he board; Second, To record the proceedings of all district meetings Record of ind the minutes of all meetings, orders, resolutions and other pl >roceedings of the board in proper record books and sign the >ame ; Third, To give the prescribed notice of the annual meeting Notice of md of any special meetings of the district which the board meetlngs - may call : Provided, That the notice of all annual and special Proviso, meetings shall be properly posted in at least five public places in the township and one on each school building not less than live days prior to such meeting: Provided further, That on Further the petition of at least one-tenth and not less than twenty-five provls0 ' 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 Warrants. treasurer for all moneys raised for district purposes or appor- onlt ' rs ' etc - 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. Fach warrant and order Numbering, shall be properly numbered ;md 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- Sign tendents or other employes, when directed by the district" 19 146 STATE OF MICHIGAN. Accounts, payment, etc. Estimates, when and to whom presented. File reports, etc. board, and present such contracts to the other members of the board for further signature ; Purchase Sixth, To purchase the necessary appendages and inci- tus ' dentals for school use as hereinbefore provided, and to see that such apparatus and material is kept in good repair at all times; Seventh, To keep an accurate account of all expenses in- curred by him as secretary, such accounts to be presented to and audited by the board, and on its written order paid out of the appropriate fund ; Eighth, At the regular meeting of the board in the month of June, to present an estimate of the expenses necessary to be incurred during the ensuing year, and an estimate of the amount of money necessary for buildings, sites or repairs^ and upon these estimates the board shall act and fix the amount to be presented to the people at the annual meeting; and the board shall vote the several amounts for taxes to be levied for teachers' wages and the general running expenses of the school as hereinbefore provided; Ninth, To preserve and file copies of all reports to the township clerk or county clerk and the superintendent of public instruction, and to preserve and keep all books, papers, records and other documents belonging to the office of 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 district 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 lengt.li of time taught by each and the wages paid to each ; (6) The average attendance and the percentage of at- tendance 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 Annual report, what to contain, etc. Other statistics. GENERAL SCHOOL LAWS. 147 pu lie instruction shall direct. Said report shall be in such Form of re- foi n as said superintendent may prepare and direct. In all Sffetc. tovnship districts one copy of said report shall be filed with th< township clerk on or before the first Monday of August in >arh year, and the other two, together with all others, for- > Wii :'ded immediately after the first Monday in August to the co nty commissioner of schools; 11) To perform such other duties as are or shall be re- qu red by law or by the board of education. 315) 5920. SEC. 12. It shall be the duty of the treas- Treasurer, ur T of the board of education : '"irst. Within ten days after his* election or appointment to TO file bond, ex *ute to the district and file with the secretary of the board suret a 1 ond in the full amount of money to come into his hands dur- in , r each year as such treasurer, as near as the same can be ascertained, with two or more sufficient sureties, each of w om shall justify under oath and before a proper officer, to tli 4 amount for which he is held in the bond, and the sum of f su?h amounts shall be equal to the full amount of the bond; 01 the treasurer may provide, at the expense of the district, a similar bond of some surely company authorized to do Surety bi siness in this states said bond to be approved by the presi- company ' d< nt and secretary of the board, conditioned for the faithful , performance of his duties under this act and honestly ac- n n ting for all moneys coming into his hands belonging to said district according to the general accounting laws of the state. Said bond when approved shall be filed with the sec- where filed. r< tary of the board, and none of the books, money or prop- eity of the district shall be placed in the hands of the treas- urer until such bond has been so filed and approved: Provided, Proviso, T nit if for any unforeseen reason a larger sum of money JJnSnd. si on Id become due the district than the bond would cover, the tieasurer shall increase the bond to the proper amount before such money comes into his hands. In case of any breach of when suit the conditions of said bond the president shall cause suit to comm bi commenced thereon in the name of the district, and any ; n oneys collected thereon shall be paid into the township I treasury, subject to the order of the district, and such moneys s tall he applied Jo ihe same purposes as the money lost should have been applied by the treasurer; Sec. ml. The treasurer shall have the care and custody of Custody of all the moneys of the district roming into his hands, and he m *!iaH not loan the same, nor use the same for his own purposes, i or permit other private individuals or corporations to use the same except as provided bv law, nor shall he mix such noney with his own money, but he shall keep it separate J ml apart from all other funds ; Third, He may, with the consent of the board of education, Deposits, ^ i eposit school moneys with any bank or banking corporation . trust company for safe-keeping, and n -411 ire such bank or 148 STATE OF MICHIGAN. Proviso, inspection. Pay orders. Keep book of accounts, etc. Annual reports. company to pay interest thereon. Such deposit shall be made in his name as treasurer of the district, and such interest shall be accounted for to the district and become a part of the general fund of said district: Provided, That any deposit of such funds shall not be privileged, but shall be open to in- spection of any trustee of the district or any person authorized to audit school accounts; Fourth, To pay all orders of the secretary when lawfully drawn and countersigned by the president, out of any moneys in his hands belonging to the fund upon which such orders may be drawn ; Fifth, To keep a book in which all moneys received and dis- bursed shall be entered, the sources from which the same have been received, and the person to whom and the objects for which the same have been paid; Sixth, To present to the district board and to the district at the close of the school year a report in writing containing a statement of all moneys received during the preceding year and of each item of disbursement made, and exhibit the vouchers therefor, and said vouchers shall be filed in his office permanently ; 'Seventh, To appear for and on behalf of the district in all suits brought by or against the same, when no other directions shall be given by the qualified voters in a district meeting, except in suits in which he is interested adversely to the dis- trict, and in all such cases the president shall appear for the district ; Eighth, At the close of his term of office to settle with the district board and to deliver to his successor in office all books, .vouchers, orders, documents and papers belonging to the office of treasurer, together with all district moneys re- maining on hand; Ninth, To perform such other duties as are or shall be re- quired by law of the treasurer. (316) 5921. iSBC. 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 in- crease or decrease the amount of the estimate submitted by the board and when such amounts have been voted by a major- Appear for district in suits. Deliver books, etc. Other duties. Annual meeting. Time. GENERAL SCHOOL LAWS. 149 ily .>f the qualified voters present the secretary of the board of (duration shall, on or before the lirst Monday of August, cer ify to the township clerk of the township the amount f T ; . sue i taxes, together with the amount of all taxes which the boa *d of education is authorized to impose, and said town- ship clerk shall report the same to the supervisor of the township, and if the township district is a fractional district sai<. clerk shall report such taxes to the clerks of other town- shi >s in which said district may be in part situated, and sue i clerks shall report the amounts to their respective super- vis TS who shall spread the same upon the regular tax roll of su< h township or townships in the manner provided for by sta :ute, and the same shall be levied, collected, and returned in he same manner as all township taxes: Provided, That if Proviso. th< qualified voters present as aforesaid do not or can not de ermine the amount of money to be raised by tax for the pu -poses specified, the board of education shall determine the sai le: Provided further, That special meetings of the district Further in; y be called to vote on the question of bonding the district pl foi any of the purposes mentioned. Such vote shall be by ba lot and a majority of the votes cast shall be necessary to ca -ry the question. The form of ballot shall be : "For bonding Form of Ih.- 'township district for f , Yes," "For bonding the b{ township district for $ , No." On the ques- tion of bonding, the board of education shall act as an election boird and cause a poll list to be kept and a suitable ballot bos used, and conduct the election and canvass the votes in the same manner as a regular school election. When ponds to ^ bo ads have been voted the board shall proceed to issue and se'l the bonds and fix the rate of interest and term of pay- ments thereon. The period of any school bonds shall not exceed fifteen years: Provided, That when any money shall Proviso, have been borrowed by any township school district upon the bonds of said district the qualified voters of such district shall have power at any annual or special meeting to impose a tax on the taxable property in such district for the purpose of paying the principal or any part thereof and the interest thereon, to be levied and collected as other school district taxes are levied and collected. (317) 5922. SEC. II. All taxes assessed within said t< wnship or township district for school purposes shall be set f( rth in the assessment roll of the proper township in a sep- arate column, apart and distinct from all other township I axe-. (318) fiDl':;. Si:c. 1.1. The treasurer of the township wii.-n 1 own- shall at any time, on the written request of the board of ednca- '^Ifr to'pay tion. report to said board the amount of >chool money in his" v ' TI "' hinds and shall, on the order of the secretary of the board r-MintersigiKNl by the president, pay to the treasurer of the board all or any of such moneys. The ireasiirer of the town- TO mii*-t siip shall collect from the treasurers of other townships in 150 STATE OF MICHIGAN. Statement, board to make, con- tents, etc. Recording of. Free text- books, may be submitted. 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. (319) 5924. SEC. 16. The said board of education shall annually, on or before its regular meeting in the month of June, make a detailed statement of the number of schools in said township district, the number of teachers employed, the 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 second Monday of J'uly, (320) 5925. SEC. 17. The board of education at any annual or special meeting may submit to the voters of the district the question of free text-books, and if a majority of the voters present shall vote in favor of the use of free text-books, the said board shall be authorized to proceed to make a 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 : Provided further, That nothing herein contained shall prevent any dis- trict having once adopted free text-books from taking further a'ction on the subject at any subsequent annual meeting. (321) 5926. SEC. 18. All school propei-ty, -both mil 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 or- ganized 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. (322) 5927. SEC. 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. Proviso, bids. To be included in budget. Further proviso. Property and debts. Tax not in- validated, etc. GENERAL SCHOOL LAWS. 151 (32.".i ^ .V.rjs. SKC. 20. Tlie compensation of members tli j hoanl <>}' education other than the secretary and treasurer officers. [;. sli ill be two dollars for attendance at each regular meeting of the board. The secretary and treasurer of said board shall re- ,'eive such compensation for their services as the board of r education may determine, not exceeding one hundred dollars I t o the treasurer and one hundred twenty-five dollars for the secretary per annum. The amount of money necessary for tl 2 services of district officers shall be included in the regular bid gel vote.l by il:e hoard of elucation and shall be pail fr >m the general fund. (324) 51)2!). Si;c. 21. The several township officers shall Board, b< ineligible to election as members of the board of ednca- ti m during the term for which they were elected and any ineligible - v< tes cast for such township officers for members of the board o education shall be void. It shall be illegal for any member Member not the board of education to act as agent for any author, pub- li ;her or seller of school books or school apparatus, or to ]< ceive any gift or reward for his influence in recommending tl e purchase or use of any school book or apparatus in the siate of Michigan. It shall be illegal for any member of the interest in 1) >ard of education to perform any labor except as provided c( ii this act, or furnish any material or supplies for the school d strict in which he is an officer, and he shall not be personally ii terested in any way whatever, directly or indirectly, in any contract with the district in which he holds office. Any act Penalty. h 'rein prohibited, if performed by any such school officer, shall be deemed a misdemeanor and he shall be liable to the p inishment provided for such offense in accordance with the p:-n\ isions of the statute iii such ca.se made and provided. Justices of tin- peace who were selected trustees of a school district and n <>;rni/.liuction shall have power and is hereby required to remove from otlice, upon satisfactory proof and after at least ten < ays' notice to the party implicated, any trustee of any town- >hip x-hon] district who shall have illegally used or disposed any of the public moneys entrusted to his charge, or who 152 STATE OF MICHIGAN. Proviso, when order to stand. Consolida- tion of townships, board to act. Joint session, appraisal. shall persistently and without sufficient cause refuse or neglect to discharge any of the duties of his office, and in case of such removal it shall be 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 re- moval, institute proceedings before a court of competent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such proceedings to obtain such removal shall be discontinued or dismissed, the said order for removal from office shall stand and not be subject to attack by any legal proceedings thereafter. (327) 5932. SEC. 24. When any township district com- prising one township shall be divided into two or move townships or when any two townships are consolidat- ed for school purposes, the existing board or boards of trustees shall continue to act for all the townships until the same shall have been organized and the township boards of trustees duly elected and qualified therein. Im- mediately after such organization the township boards of education of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made said township board of education shall make an equitable division of the existing assets and liabilities of the school districts of such former township, basing their apportionment upon the amount of taxable property in the township divided, as shown by the last assessment roll of such former township. When the 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: Provided, That any town- ship school district operating under a special act, the original act of which was passed at one of the sessions of the legisla- ture between eighteen hundred ninety-three and nineteen hun- dred seven, inclusive, and not having within its borders a vil- lage or city of more than five hundred population, shall operate under the provisions of this act after the annual meeting in July, nineteen hundred twenty-two, without reorganization. At the annual meeting on the second Monday in -Inly, nine- teen hundred twenty-two, there shall be elected in such town- Alteration of district. Proviso, certain dis- tricts. Trustees, election of. (IFA'KKAL SCHOOL LAWS. 153 slii disli-icls live Irusiees in the manner and for tin* terms pr< > ided in this act Tor the election of the lirst board of educa- tin i. The said board of education immediately after its or- gai i/ation as provided in this act' shall settle with the treas- nn ! of the hoard of education in control of said district op- eni :ing under the special act. and all records, papers, books. m<< iey, and other property of said board shall be turned over im lediately thereafter to the proper officers of the board of ed caiion elected under the provisions of this act: Provided, Proviso Th it the boundary lines of any township district organized un ler the provisions of this act may be altered by attaching or letaching territory. In such altering of the boundary lines of ,aid township district the school board of the township dis- tri -t or districts shall act for the township districts, and the to 1 r nship board or boards, if fractional, shall act for primary or graded districts in the same manner as provided in the ge ieral school law for the change of boundaries of primary dis- tri-ts. In such annexation or detaching of territory the tovn.sliip school district organization shall continue to be tht school organization for the township school district the sa ne as if no territory had been attached or detached. im. 1021, Act 133. (328) 5933. Si:c. IT). When any ten or more qualified Appeal from vo ers iii any township district shall feel themselves aggrieved boSn?. 01 by any action, order or decision of the board of education with reference to the formation of any school, the division or ar angement of any territory, or location of the schools, or th'' maintaining of school in any part of said district, they may, at any time within ninety days from the time of such act ion on the part of said board of education, appeal from such ariion, order or decision of said board of education to the state superintendent of public instruction, -and notice of such appeal shall be served on the secretary of the board of educa- tion. The superintendent of public instruction, upon the supt. of pub- receipt of such appeal, shall have power to entertain such lion?3uty~of. aj peal, and review, contirm, set aside or amend the action, order or decision of the board of education thus appealed fr mi, or if in his opinion the appeal is frivolous or without srflicient cause, he ni;iy summarily dismiss the same. Said st iic superintendent of public instruction, before acting upon si ch appeal, may visit the locality or appoint some one to do s( , and investigate carefully the action, order or decision and iN ell'ect upon the district and the conditions surrounding 11 e same, and he or his appointee shall give a hearing at some place within the county where such township district may be located and to such hearing he may summon the board of edu- cation, the complainants and any persons who may have knowledge of the matter at issue. After the hearing a'nd due consideration, said superintendent shall render his decision which shall be tinal. 154 STATE OF MICHIGAN. TOWNSHIP SCHOOL DISTRICTS IN UPPER PENINSULA. Petition for organization. Clerk to notify board. When town- ship to be- come single district. Proviso, as to sub- districts. An Act for the organization of township school districts in the upper peninsula. [Act 176, P. A. 1891.] The People of the State of Michigan enact: (329) 5892. SECTION 1. Whenever the qualified electors of any organized township in the upper peninsula desire to become organized into a single school district, they may petition the township board to proceed as hereinafter pro- vided for organizing a township school district. Such peti- tion shall be signed by a majority of the electors of the town ship qualified to vote at school meetings and shall be filed in the office of the township clerk at least fifteen days prior to the first day of July. Upon the receipt and filing of said petition, the township clerk shall notify the members of the township board and the school inspectors of the township to attend a special meeting to be held not more than five days thereafter, at which meeting it shall be the duty of such town- ship board to compare the names signed to the petition with the names appearing on the list of registered voters qualified to vote at school meetings, and if it be found that a majority of the voters so qualified to vote have signed the petition that the organized township of which they are resi- dents be organized as a single school district, the township board shall give notice by posting notices thereof in five public places in said township, that on the second Monday of July the following officers will be elected for such school district ; and they shall make and file, both with the county clerk and with the county commissioner of schools of the county in which such township is located, a certified copy of the above mentioned petition, together with their finding and doings thereon; and when the district officers sl;a 11 have been duly elected and shall have filed their acceptance with the township clerk, such township shall become a single school district which shall be subject to all the general laws of the state, so far as' the same may be applicable, and said district shall have all the powers and privileges conferred upon graded school districts by the laws of this state, all the gen- eral provisions of which relating to 'common or primary schools shall apply and be enforced in said district, except such as shall be inconsistent with the provisions of this ad : .Pro- vided, That, immediately after the organization of the town- ship 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 01 sub-district number two, etc. er one, GENERAL SCHOOL LAWS. 1 is act is constitutional. Perrizo v. Kesler, 93/280 ; Keweenaw Ass'n v. s h. Dist., 98/441. The provision authorizing the township board and echo inspectors to determine whether a majority of the qualified electors of th<> >wnship have signed the petition, is sufficient. Id. As to filing a cer- tifi.-. copy of the petition, etc., with the county commissioner of schools, inst* d of with the secretary of the board of school inspectors, see Id. 284. See Ami; JT General v. Aycr, 211/244. ( 130) 5893. SEC. 2. The officers of said district shall Board of con -1st of five trustees, who shall constitute the board of cducation - cili -ation of said district', and the term of office shall be three yea -s. On the second Monday of July following the action of when the township board, as stated in section one of this act, the elected 3 qm lified voters of the township shall proceed to elect from the r number, by ballot, one trustee for the term of one year, t\v< for the term of two years and two for the term of three ye; s, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire. The Term on tern for which the person voted for is intended shall be ballot - do gnated on the ballot. The qualifications of voters and the General law coi ditions of eligibility for office holding shall be the same gover) as n-ovided in the general school laws. At the first election First election. lie! 1 in said district, the township board shall act as a board of 'lection, and they shall canvass the votes in the same man- nei as votes for elective township officers are canvassed. At Succeeding succeeding elections the qualified voters present shall desig- e naie three qualified voters to act as a board of election and bo; rd 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 Majority trustees the person or persons receiving a majority of all the el voles cast shall be declared elected, and he or they shall hold office until his or their successor or successors shall have been du y elected and filed his or their acceptance. The annual Annual meeting of said district shall occur on the second Monday of wSan'd July in each year, at the usual place of holding the annual where held - township meeting and it shall be the duty of the secretary to Notice given, ghe 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 live days prior to said meeting. At the first school Opening and meeting ami all succeeding annual meetings the polls shall p^Ss" 5 of npen at three o'clock p. in., and be kept open four hours, dur- in; the last hour of which time the voters shall transact such Transaction business as may lawfully come before them, according to the SSiSnS? 1 provisions of section nine of this act, except where the board of education of any district has designated a diiVercnt hour, di ring said lour hour period, for The t ransart ion of such l)i siness and notice thereof has been givui in the notice of such meeting, then such business may be transacted during such designated hour. In all townships organi/ed prior to Organizations A .ril first, nineieen hundred three, under the provisions Of ( Aprfl ail number one hundred seventy six of the public acts of eighteen hundred ninety one, the first election of trustees ir,fi STATE OP MICHIGAN. Proviso, April, 1903. under this art shall be held on ihe second Monday of July, nineteen hundred three, in the manner provided in this section for the election in a township newly organized as a single school district; and immediately thereafter the records, prop- erty and documents belonging to said district shall be turned over to the newly elected board of education : Provided, That the district officers elected at the annual election in April, nineteen hundred three, under the provisions of act number one hundred seventy-six of the public acts of eighteen hun- dred ninety-one, shall act as the board of education until the trustees elected on the said second Monday in July, nineteen hundred three, shall have filed their acceptances and become duly qualified. Am. 1919, Act 13i8. Perrizo v. Kesler, 93/2ay out the same without the authority of the board, upon war ants or orders drawn upon him and signed by the secre- tary and countersigned by the president ; and he shall perform sucl other duties as are required of the treasurer in primary schi ol districts. (: 33) 58! Hi. Si;c. 5. Said board of education shall have vacancies. po\\ ?r to fill all vacancies that may occur in the office of trii.- tee 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. (J34) 5897. SEC. 6. A majority of the members of said Quorum, boa -d shall constitute a quorum, and the regular meetings" 1 of } aid board shall be held on the fourth Monday of March, Jui e, September, and December in each year, and no notice of } uch meetings shall be required, and any two members of sail board shall be sufficient to adjourn any meeting from time to time until a quorum is present. Special meetings of said board may be called at any time on the request of the president, or any two members thereof, in writing, delivered to he secretary: and the secretary, upon receiving such re- ijinst, shall at once notify each member of said board of the time of holding such meeting, which shall be at least two days sul sequent to the time of receiving such request by said secre- tary : Provided, That in case all the members shall sign a proviso. . wa ver 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. K'Jchafer v. Sch. Dist., 11G/206. 335) 5898. SEC. 7. The said board shall be the board of TO be board Kiool inspectors fur said district and shall, as such, report to the clerk of the county in which such township is locate I an 1 shall have all the powers and perform all the duties now 'enjoyed and performed hy boards of school inspectors: and th> secretary of said board shall perform all the duties re- quired by law of the chairman of the board of school inspect- f such money. ( :40) 5903. SEC. 12. The said board shall annually, Board to pri< r to the second Monday of July in each year, make a e made, entered in the -coord, and read at the annual mei-tintr. heini; t > advise tl'.e voters then- pres -nt of the condition of the school and its I'man--. s. \\!'< r> a detailed state- inn, was read at the annual meet in-, the omission tn enter same upon the reco -d was properly held by the court below not to avoid the tax. Auditor Ci-n ral v. Ayer, 211/244. i.>n) 5904. SEC. 1H. All school property, both real Disposition ami personal, within the limits of a township 5 ncorporated property, as aforesaid, shall, by force of this act, become the property of the public schools of such township, and all debts and lia nlities of the primary school districts of said township. as they existed prior to its incorporaton under the provisons of this act, shall become the debts and liabilities of said pu die schools of the township so incorporated. Vliile the injustice and inequality of tins section mr-v well le admitted in "''"' I'.V casee ' - vet tncrc is no constitutional objection tn it. l'erri/,n v. Kes- iT, ''3/283 L 4. '!-) 5905. SEC. 14. All money raised or being raised of moneys by tax, or accrued or accruing to the school districts of said Sut ^ township, as organized under the primary school laws of this si; te shall hereby become the money of the public schools of the township, and no tax heretofore ordered assessed or levied fo:- school purposes in said township, or other proceedings, sh ill be invalidated or affected by means of this act. (343) 5900. SEC. 15. The compensation of the mem- Compensation bers of the board of education other than the secretary and * treasurer shall be two dollars for attendance a! each regular ni"eting 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 hvndred dollars for the treasurer and one hundred twenty-five d< liars for the secretary, per annum. i..".M ) $ r>!M7. SEC. 16, Wh-n any township district shall incase of be divided into two or more townships, the existing board of townShip* trustees shall continue to an fur all the townships until the ame shall have been organized and the township boards of 160 STATE OF MICHIGAN. trustees duly elected and qualified therein. Immediately after such organization the township boards of education of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made, said town- ship boards of education shall make an equitable division of the existing assets and liabilities of the school districts of such former township, basing their apportionment upon the amount of taxable property HI 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 each of the townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school districts of the township from which the terri- tory has been detached, basing their division upon the amount of taxable property as the same shall appear upon the last assessment roll of such township. Alteration, etc. Sections 17 and 18 of this act were added by Act 154 of 1903", Act 7, P. A. IflOO, repealed sections 17 and 18 as so added, and again added section 17, which repealed all contravening acts. When graded district changed to primary district. CHANGE TO PRIMARY SCHOOL DISTRICT. An Act to provide a method whereby township school districts or- ganized under act number one hundred seventy-six of the public acts of eighteen hundred ninety-one, entitled "An act for the organi- zation of township school districts in the* upper peninsula," com- prised in sections five thousand eight hundred ninety-two to five thousand nine hundred eight, inclusive, of the compiled laws of nineteen hundred fifteen, may change to one or more primary school districts. [Act 100, P. A. 119211.] I The People of the State of Michigan enact: (345) SECTION 1. Whenever the trustees of any townsh school district organized under act number one hundred seventy-six of the public acts of eighteen hundred ninety- one, entitled "An act for the organization of township school districts in the upper peninsula," shall be presented twenty clays before the annual meeting thereof, with a petition signed by" ten voters of said district, stating that it is the desire of said petitioners that at the animal meeting of said school district, there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the trustees shall in their notice of such annual meeting state that, the proposition set forth in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said meeti . SCHOOL LAWS. sli ill vote to change to one or more primary school districts, sii 'h change shall be made, and it shall be the duty of the to vnship board of the township, or townships in which said di trie! is situated, upon being duly notified of such vote, to pi >ceed to change or divide such district as determined by such a i niial meeting, and they shall provide for the holding of the fii it meeting in the, or each of the, proposed primary school districts in the same manner as is provided for by law for tl; 3 organization of primary school districts. (346) SEC. 2. That said township board in proceeding to Apportion- cl ange or divide such district into the, or each of the, proposed indebtedness. ] imary school districts, shall apportion the property of the 01 tire district and the indebtedness, if any, as near as the s; me can be done in the proportion that such property and ii lebtedness shall bear to the assessed valuation in the respec- ti -e proposed districts. (347) SEC. 3. That in the event that any five, or more, Appeal. 1; x paying electors having taxable property within any of the ji oposed school districts as organized and set apart by the 1 unship board, shall feel aggrieved by the action of said t< wnship board, they may at any time within sixty days f i om the time of such action on the part of such board, ap- P'-al from such action, order or decision of such board to the cnnty commissioner of schools and circuit court commis- sioner of the county in which such school district is situated, ii the same manner and under the same conditions as are p -ovided for appeals by any five or more tax paying electors i'loin the action, order or decision of the township board or boards, as set forth in chapter nine of act number one hun- d <-d sixty-four of the public acts of eighteen hundred eighty- o 10, entitled "An act to revise and consolidate the laws relat- ing to public instruction in primary schools and to repeal all s at UK's and acts contravening the provisions of this act," b?ing comprised in sections five thousand seven 'hundred thirty-one, five thousand seven hundred thirty-two and five thousand seven hundred thirty-three of the com/piled laws of nineteen hundred fifteen. BOUNDARIES OF SCHOOL DISTRICTS IN CITIES. i Act in relation to the boundaries of school districts in cities, and the boundaries of school districts which have been fixed by legis- lative act. [Act 86, P. A. 19O9.] The Pcojilr of the State of Michigan enact: i:MSi ^ r>sr,<). SI:CTIO.\ 1. Whenever a change in, or the Boundaries, tablishineiit of. the boundaries of a school district of any ty is- desired or becomes necessary, such change, or. establish - 21 162 STATE OF MICHIGAN. Board of trustees, duty of. Joint meetings, notice of. How made. ment may be made by the joint action of the board of educa- tion of such district or the board of trustees of such city and the township board of the township in which the territory may be located, or the township boards if the territory affected is located in more than one township, adjoining such district. Whenever any change is contemplated in regard to the bound- aries 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 secre- tary 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 com- mittee 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 secre- tary 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 members of the board of edu- cation of the city of the time and place of such meeting. It shall be the duty of each member of each board or com- mittee 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 bound- aries of the school district, they shall prepare a map showing in detail the boundaries of the original school district and the boundaries of the territory annexed or detached, and a copy of such map shall be kept on file in the office of the secretary of the board of education or board of trustees, and in the office of the township clerk or clerks of the township or townships in which the territory may be located. Chairman and clerk, election of. Maps, alterations of. Filing of. The home rule act provides for the changing of the territorial limits o cities and villages and not of school districts ; hence school districts within annexed territory and school bonds are not affected by action annexing terri- tory to a city under said act. Collins v. City of Detroit, 195/3'31. See. al Bd. of Education v. Bacon, r9"6/T5. II May peti- tion board. (349) 5861. SEC. 2. Any persons residing on territory adjoining any city district, or in any school district the boundaries of which have been fixed by legislative act, who desire to have their property attached to or detached from such school district, may petition the board of education or the board of trustees thereof to have such territory annexed GENERAIv SCHOOL LAWS. 163 detached, as the case may he, mid when such petition lias 1) en received the secretary y governing. 1 gislative act, in pursuance of the provisions of this act, 1 shall in all things relative 1 to school matters be governed by t e provisions of the law in force and governing such district a : the time the change of boundaries is made. (351) 5863. SEC. 4. The board of education or the certificate. 1 iard of trustees of any district which by reason of the pro- y sions of this act is extended beyond the limits of any single i unicipality, shall, within the time provided by law, for certi- f 'ing taxes by township clerks, certify to the board of super- \ sors all amounts to be raised therein for school purposes. r J he board of supervisors shall, in accordance with law, ap- Taxes, I irtion such school taxes to the several municipalities possess- S5St r S! n ~ i ig territory in such district in proportion to the assessed val- i at ion of each municipality within such district, and shall < M-tify the same lo the proper officer thereof. CHANGING BOUNDARY OF CERTAIN TOWNSHIP DISTRICTS. An Act to provide for the changing of the boundary lines of a township district organized under a special act, and for the uniting of two township districts operating under special acts to form one school district. [Act G4.. P. A. 1021.1 The People of the State of Michigan enact: (352) SECTION 1. Any township school district organized Boundaries, under a special act may alter its boundaries by attaching or detaching territory. In such altering of the boundary lines of said township district, the school board of the township district shall act for said district and the township board, or boards, if fractional, shall act for the territory located in other districts and post notices of said proposed action in the same manner as provided in the general school laws for the altering of the boundaries of primary districts. In such at- aching or detaching of territory the township school district organization shall continue to be the school organization for :he township school district the same as if no territory had cn attached or detached. (353) SKC. l'. Two adjacent township school districts each ronsoiida- >f which is organized under a special act may be consolidated dumon fere 164 STATE OF MICHIGAN. Ballot, form of. Annual meeting. Trustees, election of. to form one township school district, whenever a majority of the legal school electors of each township school district present and voting at an annual meeting or at a special meet- ing called for that purpose, shall so direct. The form of the "ballot shall be substantially as follows: "Shall the school board of the township school district of of the county of and state of Michigan unite the territory of said township school district with that of the township of county of and state of Michigan to form one township school district? ( ) Yes. ( ) No." (354) SEC. 3. Whenever the legal voters shall have voted in favor of the consolidation of two township school districts to form one township school district as herein provided, the county commissioner of schools shall call the annual meeting of said townships on the second Monday of July fol- lowing at such place as he shall deem advisable, and at such time as shall be provided for the annual meeting in the act under which said township school districts shall organize. If said township school districts are either or both operating under act number one hundred seven t}^six of. the public acts of eighteen hundred ninety-one, as amended, they shall elect trustees on the second Monday in July following the affirma- tive action of the legal school electors, organize the board of education, and operate on and after said second Monday in July under said act number one hundred seventy-six of the public acts of eighteen hundred ninety-one, as amended. If said township school districts are operating under any other special act they shall elect trustees on the second Monday in July following the affirmative action of the legal school elec- tors, organize the board of education, and operate under act number one hundred seventeen of the public acts of nineteen hundred nine, as amended. In the election of the first school board under the provisions of this act, the county commis- sioner of schools shall designate two members of the town- ship board of each township to act as a board of election in- spectors to conduct the election. The ballots shall be taken, counted, and canvassed in the same manner that is now pro- vided for the counting of ballots under the general election laws. The hours at which the polls shall be open shall be the same as that provided for the annual meeting in the act under which the township school district will be organized after the consolidation. The board of education of each township school district shall continue to act for its town- ship school district until the election and organization of a township school board as herein provided: Provided, That if the township districts to be consolidated are located in more than one county, the superintendent of public instruc- tion shall designate the county commissioner of schools whose duty it shall be to call the election as herein provided. Canvass of vote. Proviso. GENERAL SCHOOL LAWS. 165 (355) SEC. 4. When any two township school districts Records, etc., 'h ive been consolidated as herein provided, the existing boards education of each township school district shall meet in j' hit session with the board of education as herein provided 1 imediately after its organization and settle with the treas- 11 :er of the boards of education of said townships. Then and t icre the officers of the boards of education shall turn over to 1 ie proper officers of the botard of education elected for the < Hisolidated township school district, all records, papers. 1 x)ks. money and other property belonging to the district. > v aid records, papers, books, money, and other property shall 1 lereafter constitute the property of said consolidated town .- iip school district. < 'I.ASSIFM'ATION OF CERTAIN SCHOOL DISTRICTS. j n 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 district 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 general or special laws that conflict with the provisions of this act. [Act 16-6. P. A. 1017.] The People of the State of Michigan enact: (356) SECTION 1. Each and every school district now continuation organised 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 ive hundred or more and less than seventy-five thousand, shall onstitnte and continue to be a school district under this ict, to be designated and known as the "School District f (here insert the name of the city, village or ownship in which the whole or the greater part of said school lislrici is situated)," with the same territorial limits which it now has or shall have when 1'ormeil and organized: Pro- Proviso, vided. That the territorial limits of any school district may iSs be increase 1 or decreased at any time by consolidation, divi- >ion or otherwise in accordance with the laws of this state. (357) SEC. 2. The said several school districts shall be classification, and hereby are divided into two classes as follows: (a) Each school district having a population of twelve thousand or more and less than seven iy-tive 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. 166 STATE OF MICHIGAN. Computation of population. Idem. Change Annexed territory. (358) ( SEC. 3. In each and every school district described in section one of this act which embraces all of the territory 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. (359) 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 state, taken in the year in which the latest United States census is taken, by the quotient obtained by dividing the total population of the county in which the said district or the greater portion thereof is situated, as shown by the report of the latest United States census, by the total number of school children of the said county, as shown by the school census for the year in which the latest United States census is taken. (360) SEC.. 5. No change shall be made by any school district from one class of school districts to another except after the taking of a United States census which shall show the population of such school district to be such as to entitle it to make such change, or except after the taking of a United States census the method of computation provided for in section four of this act shall show, in a district where it is proper 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 consolidated subsequent to the taking of the latest United States census and ascertained from the official report of such census, or, in a proper case, by the method of computation provided for in section four of this act, is such as to entitle the consolidated district to be in a class different from class of either of the districts consolidated. (361) SEC. 6. Whenever hereafter any territory shall annexed to any city, village or township forming the whole or a part of a school district of the third or fourth class, the territory so annexed shall become a part of the contiguous school district embracing the whole or sonic part of said city, village or township, and all properly of any school district, situated wholly upon the territory so annexed, shall become the property of the school district to which the said territory is adjoined, ami said last named district shall assume and pay 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 :: GENERAL SCHOOL LAWS. 167 \\ as made, of the taxable property of the entire district from \N hich such territory is taken, the value as shown, by the a ;sessment roll for the year preceding the annexation to be u *ed as the basis of the computation. (362) SEC. 7. Each and every school district described in Body s -ction one of this act shall be a- body corporate, under the corpor i line aforesaid, may sue and be sued in its own name, may ii squire and take property, both real and personal, for educa- 1 onal purposes, by purchase, gift, grant, devise or bequest, i iay hold and use the same for such purposes, and may sell i ad convey the same as the interests of the said school dis- 1 Met may require, subject to the conditions herein contained i nd to the general school law of this state. As such body ( orporate each and every said school district shall be the !- accessor of any school district corporation heretofore exist- i ag within the same territorial limits, and shall be vested with " he title to all property, real or personal, now or hereafter 1 ested in the corporation of which it is the successor, and the ndebtedness and obligations of the corporation superseded } hall become and be the indebtedness and obligations of the j ucceeding corporation under this act. (363) SEC. 8. In each respect and matter not hereinbe- Fourth-class ore provided for, every school district of the fourth class dl lereunder shall be subject to and governed by the provisions >f the law for graded school districts. (364) SEC. 9. In each school district of the third class Board of lereunder the board of education shall consist of seven mem- third'ciass jers, two of those elected members at the first election held distrtet - under this act shall serve for two years, two for four years m11 lists and other supplies or equipment as may be neces- s ry or proper for conducting the school registrations and e ections in said district, shall act themselves as a board Election com- election commissioners for such district, and shall appoint m 1 tree qualified school electors in each voting precinct of said strict to compose a board of registration and three qualified s -hool electors in each such precinct to compose a board of ( ection inspectors therefor, and such other officers, if any, Election ; < may be necessary to carry on the school registration and inspec ( ection in such district. Such appointments shall be made j t least ten days prior to the time for conducting the registra- t on or election, as the case may be, and the secretary of the 1 oard of education shall notify each person so appointed of 1 is appointment. No person shall serve on such boards or ; s an election officer at a school election, unless he or she is a < ualilied school elector and resides in the precinct for which 1 e or she is appointed, but the same person may be appointed . s a member of both boards. In the event that an appointee vacancies. K unable or refuses to act, the board of education before ihe time set for the registration or election may appoint j nother elector to- take his or her place on the board or boards or as such officer. If any of the persons so appointed, for idem. ; ny reason, do not appear at the time and place designated Jor such registration or election, the member or members < >f the said board of registration or election inspectors present, or if no such member be present, the electors who are present ;it the place of registration or election, may choose a sufficient inmber of electors to take the place or places on the board )f the member or members who do not appear. Each mem- oath. >er of such board of registration or election and any other 'lection officer appointed, before entering upon his duties . The election commissioners for any school Haiiot. district of the third class hereunder shall prepare and have Rolf of a " printed an official ballot for ^\\d\ district, which shall be sub- 172 STATE OF MICHIGAN. Canvass of vote in precinct. stantially in the same form as provided in the general elec- tion 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 district. In the printing of such ballots the names shall be arranged first alphabetically and the first one hundred ballots printed ac- cordingly, 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 designation shall be placed up- on school election ballots. At the head of each ballot shall be printed the words, "For Members of the Board of Educa- tion. Vote for (here insert the number to be elected)." (374) SEC. 19. The board of election inspectors in each pre- cinct of every district of the third class hereunder immediately after the close of the polls at any election shall canvass the votes cast in their precinct and make a return thereof to the clerk of the city, village or township, in those districts where the school election is 'held at the same time 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 educa- tion, in those districts where the election is held at another time than the city, village or township election. The city, village or township clerk or the secretary of the board of education, as the case may be, shall present the returns cer- tified to him for the whole district to the board of education for said district at its first meeting following the election. The board of education of each such district shall convene at the usual hour and place of meeting on the Thursday next succeeding -any election aud shall canvass the returns of the votes cast for all candidates for the office of member of the board of education and on any question or questions submit- ted to the voters of the district at such election, according to the returns filed with them by the clerk or secretary, as the case may be. When such canvass shall be finished the secre- tary of the board of education shall prepare a certificate in triplicate under the corporate seal of the district setting out the findings of the board in the matter of the election and giv- ing in detail the number of ballots cast for each candidate and the number of ballots cast for or against any proposition or question submitted to the electors at such election, one copy 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, village or township, in winch the said district or the greater part there- of is situated, and one in his own office. At the first election held under this act in any such district the two persons re- ceiving the highest number of votes for members of the board of education shall be declared elected to such office for the term of six years, the two receiving the next highest number of votes shall be declared elected to such office for the term of four years, and the two receiving the next highest number Returns, when and where made. District canvass. Filing of result. Who deemed elected. GENERAL SCHOOL LAWS. 173 < f votes shall bo declared elected to such office for the term < f two years. In all succeeding elections in any such district when ie person or persons receiving the highest number of votes SleSa. 117 I >r the office voted for sliall be declared elected to the same y the board of education. If at any election two or moreTievote. ersons sliall receive an equal number of yotes for the same ffice, the board of education shall choose one of said persons y lot as the person who shall fill the office. Within five days Notice to fter the completion of the canvass, the secretary of the board etected. f education shall notify in writing each person declared lected of his election, and within ten days after receipt of nch notice, each person receiving the same shall file with the Acceptance ecretary his written acceptance of the office to which he has ai een elected and shall qualify by taking and subscribing the ath of ollice required by the constitution and tiling the same vith the secretary of the board. (375) SEC. 20. The office of a member of the board of educa- when office ion of any district of the third class hereunder shall become vacant* ,-acanl immediately upon the happening of any of the follow- ng events: The death of the incumbent, his resignation, his re- moval from ollice, his removal from the district, his convic- tion of any infamous crime, his neglect to file his acceptance of office, or his refusal to give or renew any official bond, with- in the prescribed time or his ceasing to be a taxpayer in the school district. In case of a vacancy or vacancies in the of- HOW lice of member of the board of education in any such district, supplletL the remaining members of the board, if three or more in num- ber, shall immediately appoint a qualified elector to fill the vacant ollice or offices. In the event that the offices of four or Special more of the members of the said school board become or are tcTfiii? n 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 till snch 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 ol the offices of the members of the board shall become vacant, the clerk of the city, village or township in which the district oi- the greater portion thereof is situated shall call a special election for said district to till the existing vacancies. Any person elected or appointed to lill a vacancy in the board of education of any district of the third class hereunder shall tile his acceptance and qualify as hereinbefore provided and shall hold snch office until the next succeeding annual elec- tion, at which time the ('lectors of said district shall vote for nominees to lill such office for the unexpired portion of the term. i .".Till BBC. -1. The members of the board of education of 2SSto nt ' any district of the third class hereunder elected at the first treasurer. election held under this act shall meet on the second Monday of duly succeeding their election and annually on the same day thereafter', and organixe the board by electing from their num- ber a president, and secretary and a treasurer who nerd not 174 STATE OF MICHIGAN. Meetings. Quorum. Duties of treasurer. Duties of secretary. Powers and duties of board. Sites, buildings, etc. Condemna- tion of property. 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 toy-laws provide for calling and holding special meetings. A majority of the board shall constitute a quorum and it shall keep a proper record of all of its pro- ceedings. (377) .SEC. 22. The duties of the treasurer of such hoard 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 district and credit all interest received thereon to said funds, to pay out the funds 'belonging to the school district for the purposes specified fay law, or in the case of gifts or donations for the purposes for which said money is given or donated, on a proper order signed by the secretary and countersigned by the president of the said board, and such other duties as the said 'board may in its by-laws prescribe. The said board may prescribe the duties of the secretary, and provide for the salary to be paid the secretary and treasurer thereof and may require proper bonds from such officers. No member of such board of education or officer thereof ex,cept the secretary and treasurer shall receive any compensation for any service rendered the district and no member of such board of educa- tion or any officer thereof shall be pecuniarily interested in any way, directly or indirectly, in any contract with or for the schools of 'his district. No member of any such board shall be eligible to appointment to any position carrying with it compensation from the school funds for the space of at least one year following his retirement therefrom. (378) SEC. 23. The board of education of any school dis- trict of the third class hereunder shall have the following pow- ers and duties : (a) To locate, acquire, purchase or lease in the name of the district such site or sites for schoolhouses, libraries, agri- cultural farms, athletic fields and play grounds as may be necessary, to purchase, lease, acquire, erect or build such building for school or library or for use in connection with agricultural farms, athletic fields and play grounds, as may be necessary 7 , to pay for the same out of the funds of the dis- trict provided for that purpose, to sell any real or personal 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; (b) To institute and maintain proceedings in the proper court for the condemnation of private property for public use for all purposes for which mid board is authorized by law to acquire and hold property, when said board shall have first 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 proceedings shall be instituted and conducted in the court specified and GENERAL SCHOOL LAWS. 175 i: the manner provided by the general laws of the state re- 1, ting to the condemnation of private property for public use; (c) To establish and carry on such grades, schools and de- Grades.de- ] irtnients or courses of study as it shall deem necessary or t a c rtri (1 -sirable for the maintenance and improvement of public < lucation ; (d) To establish, equip and maintain agricultural, trade Vocational Mid other vocational schools and, if deemed necessary by such S( 1 oard, to acquire land outside the limits of the said school < istrict therefor, and to have general control thereover for S -hool purposes; (e) To borrow for temporary school purposes such sum Borrow < r sums of money and on such terms as it may deem desirable m , nd to give notes of the district therefor: Provided, That no Proviso. ^ uch loan shall be made for any sum which together with the otal amount of any outstanding loan or loans for such pur- >oses shall exceed the sum of ten dollars per capita of the chool population of the district; (f) To borrow such sum or sums of money as it may idem. leem necessary to purchase sites for buildings, play grounds, ithletic fields or agricultural farms and to purchase or erect ind equip any building or buildings which it is authorized o purchase and erect, or to make any permanent improvement A hich it is authorised to make, and to accomplish this by the issue and sale of bonds of such school district in such form or >n such terms as the board may deem advisable, or by any other reasonable means: Provided, That no loan shall be Proviso. 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 rare and custody of all school property care and and to provide suitable school privileges, sanitary conditions, ${&?* and medical inspection for the schools of the district; (h) To lix the length of time school shall be kept in all of Term time, the schools of ihe 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 Library or art museum for the public schools of the district, if it shall 11 deem it advisable to do so, and to provide for its care and 176 STATE OF MICHIGAN. Board of library com- missioners. 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 or libraries in such district subject to the approval of the board of education therein, and shall keep a correct record of its proceedings. All moneys for any such libraries including the fines devoted by law to the maintenance of district or school libraries in such district, which when collected shall be paid to the treasurer of the board of education therein, shall be kept by said treasurer and paid out by him on the order of the board of library 'Commissioners approved by the sec- retary of the board of education; (j) To provide for the taking of a school census as re- quired by law ; (k) To make an annual report to the superintendent of public instruction at such time and in such form as he may prescribe ; (1) To adopt if it shall deem it advisable, civil service rules for the appointment of teachers who have satisfactorily served a probationary period of not less than three years in the schools of said district; (m) To contract with, appoint and employ a suitable person, not a member of said board, who shall be a college graduate or have educational qualifications equivalent thereto, as superintendent of the public schools under the control of the board, who shall hold his office for a term fixed by the board and not to exceed five years, and shall have the same powers and duties as the superintendent of a graded school district under the laws of this state; (n) To appoint, in its discretion, a 1 business manager for the school district and fix his term of office ; (o) To make an estimate annually on a day to be deter- mined 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 amounts 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 officers, 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 and returned for each portion of the district in the same manner as the taxes of the city, village or township including Census. Annual report. Civil service. Superin- tendent. Business manager. Annual estimate. GENERAL SCHOOL LAWS. 177 si! ih portion of tin* district: Provided, That no greater sum tli in twelve mills on the dollar shall be levied in any one yi ir for all purposes within the power of the board; and pi Dvided in all school districts hereunder in cities having a b< ard of estimates the amount shall be approved by such board oj estimates before levy shall be made; (p) To certify to the treasurer of the district for pay- n Mir out of the school funds thereof all claims and demands a a i nst the board or district, which shall be allowed by the b ard under such rules and regulations as it may establish; (q) To print and publish immediately after each meeting ii such manner as the board shall decide all proceedings of the b ard at such meeting and to make and publish annually, a the end of the fiscal year, in some daily or weekly news- p iper of general circulation in said district, either separately in connection with the report or reports of the city, village o- town-ship in which the said district or the greater part t .ereof is situated, a complete report of all its receipts and e ipendilures; (r) And in general to do anything not inconsistent with t i is act which is necessary for the proper establishment, n aintenance, management and carrying on of the public s -hools of such district. CITlh S i-:<\ L'l. In all matters pertaining to the public s ,'hools not provided for in this act the general school laws of the state shall govern and be in effect. (380) SEC. 25. From and after the time when this act s iall go into effect according to its terms all acts or parts of acts whether local, special or general, in any wise contraven- 1 ig any of the provisions of this act shall be repealed. (381) SEC. 2G. The foregoing provisions of this act shall not take effect in any school district having a population v hich brings it within the classitication 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 ( uestion of the adoption of this act for that district is prop- < rly submitted. At some regular annual school elect ion within three calendar years after the passage of this act, in each chool district having a population of live hundred or more nd less than seventy -live thousand, ascertained in the manner hereinbefore provided, the question of the adoption of this lid f"i' said district shall be submitted by the proper officers o the school electors of said district. In each district which shall thereafter attain a population of live hundred or more and less than seventy-live thousand ascertained in ihe same manner, the question of the adoption of this act for such district shall be submitted to the school electors hereof at the annual school election following the attainment of such a population, ascertained as hereinbefore provided. In any district having the population described the question the adoption of this act for such district shall be resub- 23 Proviso, limit. Claims. Reports. When general laws to govern. Acts repealed. Referendum. When sub- mitted. Resubmission. 178 STATE OF MICHIGAN. Form of ballot. mitted to the school electors thereof at the next annual elec- tion whenever a petition asking for such resubmission 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 substantially the following (form : "Vote on proposition to adopt the act classifying school dis- tricts having a population of five hundred or more and less than seventy j five thousand, as districts of (the third and fourth classes, and providing for the government, control and administration of such school districts and the schools therein. "Make a cross in the appropriate square below. "Shall the act classifying school districts having a popu- lation of five hundred or more and less than seventy j five thousand as districts of the third and fourth classes, and providing for the government, control and administration of such school districts and the schools therein be adopted. "Yes ( ). "No ( )." Such ballots shall be furnished by the -board of education of any district in which the vote is taken, and shall be de- posited in a ballot box provided for that purpose in each vot- ing precinct of the district. Such ballots shall be cast, and canvassed and the results of the election certified in each school district in the same manner as are ballots on any school question submitted to the school electors of such dis- trict. If the majority of the qualified school electors of any district vote in favor of the adoption of this act, then the provisions hereof shall be in full force and effect in such dis- trict and not otherwise. (382) SEC. 27. The laws governing the public schools in any district having the population provided for herein in force therein at the time of the adoption of this act by the electors of such district shall continue in force and the board of education of said district as provided for in such laws shall continue to act as the board of education therefor, until a new board shall be elected and organized as herein pro- vided, after which time the board of education as heretofore constituted in such district shall turn over to the new board of education, elected under this act, all the property, books, records, material, money and effects belonging to such school district, and thereafter the board provided for by this act and its successors shall be responsible therefor. How furnished. How can- vassed, etc. Laws con- tinued in force. Until new board elected. GENERAL SCHOOL LAWS. 179 ki Act relative to free schools of cities having a population of two undred fifty thousand or over, and comprising a single school istrict. [Art ;.-,, p. A. 119.] The People of tlic Xtatc of Mi<-hi r KCTION 1. The board of education of any city IN>\ V .TS of ving a population of two hundred fifty thousand or over. " c< inprising a single school district, may exercise any power h< rein stated, and shall have such rights as are 'herein given, a d shall be governed hereby with respect to things herein s ned. notwithstanding the provisions of any general law or s ecial act to the contrary. i.'isi i Si:r. I'. Its members shall be nominated as shall be Members, how ji -o\ ided by law for the nomination of officers of the city. nominat.-.i. i:>sr S !:<. :>. Its boundaries are hereby made and shall Boundaries of 1)' coextensive with the boundaries of the city and any (llslrl(-t - c langr in the latter shall automatically work the same change i: the former: Provided, however. If in the annexation to proviso, t ie city of a portion of an adjoining school district, the re- H ainder shall be without school facilities, it shall furnish s -hool facilities to such remainder, on being paid therefor a s im of money equal to the amount such remainder would i lise in taxes for school purposes, if such remainder was a ] art of the city's school district. It shall assume and pay Liability of t ie debts and Liabilities of the district thus divided. It shall 1 ike possession of the sinking fund, if any exists, of the < istrict thus divided. It shall take and have the right to col- unpaid taxes. 1 x ct all unpaid school taxes of the portion of the district taken. It shall take, based on the last school census, such Primary 1 art 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. t shall take and receive such portion of the unexpended >chool taxes collected and in the treasury of the district thus divided, as the assessed value of the portion taken bears to khe whole district thus divided. In other cases, it shall have 10 obligation or responsibility towards the remainder or tort ion of district not annexed. It shall have title to all Title to school public school property within its boundaries and in any addi- i' r "i" >rt >- lion thereto, whether by law or by annexation proceeding, title to any of the public school properly in the portion adde.l r taken, shall pass to it. -Hi S !:. 1. Its annual budget shall be prepared at the Annual same time and in the same way, as the city's budget, and budget ' shall be submitted to and considered by the same board or officers. (387) SEC. 5. Its fiscal year shall be identical with that Fiscal year, of the city. 180 STATE OF MICHIGAN. Contracts for work, etc. Cafeteria for pupils. Gifts of land. Powers relative to employes. Truant school. Unsold bonds, validity of. Rate of interest on bonds, etc. Sinking fund. Short term loans. (388) 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 author- ization of bonds, any sums necessary to make any payments demanded by said contracts. (389) ^EC. 7. It may sell meals to the pupils, but not at a financial loss to the district. It may make a contract fo? this privilege for a period of not more than three years, or it may engage directly in the business. (390) SEC. 8. It may use and may take, without restric- tion as to location or amount, land by gift or devise. (391) SEC. 9. It shall have full power over its employes, may specify the duties to be performed by them, and fix the qualifications necessary for any position, notwithstanding any general or special law to the contrary. (392) SEC. 10. It may establish, maintain and conduct a 1 parental or truant school for the purpose of affording a place of confinement, discipline, instruction and maintenance of children of the city of compulsory 'School age, who may be committed thereto by a court of competent jurisdiction, or admitted thereto on the recommendation of such judge win]] the consent of their parents or guardians. It shall give no religious instruction in such school, nor shall it furnish clothing to any child and no child shall be committed or ad- mitted thereto who has ever been convicted of any offense, punishable by confinement in any penal institution. (393) SEC. 11. Whenever it or its financial officers at- tempt to sell bonds, the proceeds of which are to be used for school purposes and the bonds are not sold, all the proceed- ings which do not affect or bear upon the objection, or disabil- ity which render the sale impossible, shall be valid and effectual and may be used to support a 'subsequent sale, when the objection or disability has been removed. (394) SEC. 12. Bonds for the purpose of the schools may be issued as herein and as otherwise heretofore provided, but shall bear interest at a 1 rate not exceeding six per centum per annum ; they may be issued serially or all made to mature at a fixed time. If the latter, a sinking fund shall be created to . provide for their payment, but if the city has a sinking fund, and by custom or law the debt of the school district has been provided for by the city's sinking fund, this may be continued and all of said city officers charged with this duty are for this purpose ex-officio made the officers of the school district. Am. 1921, Act 72. (395) SEC. 13. In addition to its other powers, it may with the consent of the legislative body of the city, authorize its financial officers to borrow for a period of one year or less, GENERAL SCHOOL LAWS. on the best terms obtainable, any sums necessary to pay any av apds in condemnation proceedings. 396) SEC. 14. Any local agency or lo^al officer charged Local bj special or local act passed by the state legislature, with ai r duty or responsibility to any school or school district, is <" strlct - h( *eby on the revision or amendment of said act by local ai Uiority made the agent or officer of the school district for tli ; performance of the said duty and the discharge of the s, d responsibility. (.'{!") Si:<\ ]."i. It shall have no power to admit pupils. Tuition for In th of whose parents live outside the city, to its schools with- 01 t payment of a tuition fee, nor shall it exercise any power h rein conferred except in the manner provided by law for it > guidance. Sec. 16 declares this act to be immediately necessary for the preservation of tli public peace, health and safety. TKACIIKKS' INSTITUTES. A i 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: (398) 5970. SECTION 1. That all boards or officers, authorized by law to examine applicants for certificates of (jiialitication as teachers, shall collect, at the time of examina- tion, from each male applicant for a certificate, an annual fee f one dollar, and from each female applicant for a certificate. 11 annual fee of fifty cents, and the director and secretary of ny school board that shall employ any teacher who has not aid the fee hereinbefore provided, shall collect, at the time making contract, from each male teacher so employed, an j nnual fee of one dollar, and from each female teacher so em- ployed, an animal fee of fifty cents. All persons paying a fee Receipt, as required 1 >V tli is section, shall be given a receipt for the same, and no person shall be required to pay said fee more ian once in any school year. VALID: This act does not conflict with Const., Art x, section 1, on ground that the fees are specific taxes; nor on the ground that the fees e not uniform. This section is not defective, incomplete, ineffectual and is Ii. All such fees, collected by the D director or secretary of any school board, shall be paid over to the secretary of the county board of school examiners of the county in which they were collected, on or before the fifteenth day of March, June, September and December, ac- Boards to collect fees from appli- cants for certificates. When to be collected by director, etc., of school board. tion 182 STATE OF MICHIGAN. companied by a list of those persons from whom they were collected, and all of such fees, together with all those that shall be collected by the county board of school examiners, shall >be paid over by the secretary of said 'board of school ex- aminers to the treasurer of the 'county in which they were col- lected, on or before the last day of March, June, September and December, in each year, accompanied by a complete list of all persons from whom said fees were collected, and a like list, accompanied by a statement from the county treasurer that said fees have been paid to him, shall be sent by said secretary to the superintendent of public instruction. All moneys paid over to the county treasurer, as provided by this act, shall be set apart as a teacher's institute fund, to be used as hereinafter provided. (400) 5972. SEC. 3. The superintendent of public in- struction shall annually appoint a time and place in each or- ganized county for .holding a teachers' institute, make suit- able arrangements therefor, and give due notice thereof: Provided, That in organized counties 'having less than one thousand children between the ages of five and twenty years, the holding of such institute shall be optional with the said superintendent, unless requested to hold such institute by fif- teen teachers of the 'county in which such institute is to be held: Provided, 'however, That if there shall not be a suffi- cient number of teachers in any county to make such request, then teachers of adjoining counties who desire to attend such institute may unite in the required application to said super- intendent : Provided, also, fhat the said superintendent may, in his discretion, hold an institute for the benefit of two or more adjoining counties, and draw the institute fund from each of the -counties thus benefited, as hereinafter provided. (401) 5973. SEC. 4. The superintendent of public in- struction, in case of inability personally to conduct any in- stitute, or to make the necessary arrangements for holding the same, is hereby .authorized to appoint some suitable per- son for that purpose, who shall be subject to the direction of said 'Superintendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by the superintendent of public instruction, or by the duly appointed conductor, a certificate setting forth at what sessions of said institute such teacher shall have been in at- tendance, and any teacher who shall "have closed his or her school, in order to attend said institute, shall not forfeit his or her wages as teacher, during such time as he or she shall have been in attendance at said institute, and the certificate hereinbefore provided shall be evidence of such attendance. (402) 5974. SEC. 5. For the purpose of defraying the expenses- of rooms, fires, lights, or other necessary charges, and for procuring teachers .and lecturers, the said superin- tendent, or the person duly authorized by him to conduct said institute, may demand of the county clerk of each county for the benefit of which the institute is held, who shall thereupon Annual county institute. Proviso, when optional with super- intendent. Proviso. Proviso. In case of inability of superin- tendent. Certificates of attendance. Teachers at- tending not to forfeit wages. Expense of institute, how paid. GENERAL SCHOOL LAWS. di iw an order on the county treasurer of his county for such sun, not excelling the amount of the institute fund in the C(> inly treasury, as may be necessary to defray the expenses of said institute; and the treasurer of said county is hereby re [Hired to pay over to said superintendent or duly appointed institute conductor, from the institute fund in his hands, the ;n lonnt of said order. i K):!i r!)7r>. Si:c. r. In case the institute fund in any Maydraw c< unty shall le insufficient to defray the necessary expenses J^JJer. o1 any institute held under the provisions of this act, the a ditor general shall, upon the certificate of the snperin- t< ident that he has made arrangements for holding such in- stitute and that the county institute fund is insufficient to n 3et the expenses i hereof, draw his warrant upon the state tiMsurer for such additional sum as said superintendent si all deem necessary for conducting such institute, which sum s all not exceed one hundred dollars for each institute, and si all be paid out of the general fund. (404) 51)7(1. SEC. 7. The superintendent is authorized Yearly tn hold, once in each year, an institute for the state at large, jSsutute. i be denominated a state institute, and for the purpose of defraying the necessary expenses of such institute, the audi- tor general shall, on the certificate of said superintendent that IM has made arrangements for holding such institute, draw his warrant upon the state treasurer for such sum as said H iperintendeiit shall deem necessary for conducting such in- s itute, which sum shall not exceed four hundred dollars and s mil be paid out of the general fund: Provided, That not Proviso. more than three thousand dollars shall be drawn from the treasury or any greater liability incurred in any one year to meet the provisions of this act. t(405) 5977. SEC. 8. The superintendent of public instruc- vouchers for ion, or the conductor of the institute by him appointed, draw- P a y ment8 - tig money from the county treasurer, under section five of his act, shall, at the close of each institute, furnish to the (onnty treasurer, vouchers for all payments from the same in accordance with this an. and he shall return to the county treasmer whatever of the amount that may remain unexpend- d, to be replaced in the institute fund. 184 STATE OF MICHIGAN. BUREAU OF INFORMATION. Information bureau, establish- ing of. Fee for registering. Information free. An Act to provide for the establishment in the office of the superin- tendent of public instruction of a bureau of information for the benefit of school officers, superintendents and teachers. [Act 2131, P.. A. Ii907.] The People of tlie State of Michigan enact: (406) 5825. SECTION 1. The superintendent of public instruction shall establish and maintain in his office a bureau of information wherein teachers desiring employment may register and file such papers as to their qualifications as they may deem fit, and wherein school officers and superintendents may register vacancies in their respective schools. Each teacher so registering shall pay a fee of one dollar to the superintendent of public instruction, which fees shall be de- posited with the state treasurer, and by him placed to the credit of the general fund. (407) 5826. SEC. 2. Such information as is contained in said bureau shall be given without charge to all school of- ficers, superintendents and teachers who may ask therefor, but neither the superintendent of public instruction nor any one employed in his office shall be required to recommend any teachers for positions. COMPULSORY EDUCATION. Children of certain ages required to attend school. Proviso, when school year divided into quarters. Proviso, children not required to attend. An Act to provide for the compulsory education of children, for pen- alties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same. [Act 200, P. A. U905.] The People of the State of Michigan enact: (408) 5979. SECTION 1. Every parent, guardian or other person in the state of Michigan, having control and charge of any child between the ages of seven and sixteen years, shall be required to send such child, equipped with the proper text-books necessary to pursue his or her school work, to the public schools during the entire school year, and such attendance shall be continuous and consecutive for the school year fixed by the district in which such parent, guardian or other person in parental relation may reside : Provided, That in school districts which maintain school during the entire year, and in which the school year is divided into quarters, no child shall be compelled to attend the public school more than three quarters in any one year; but the absence of no child shall be permitted for any two consecutive quarters: Pro- vided, That in the following cases children shall not be re- quired to attend the public schools: : GENERAL SCHOOL LAWS. 185 a) Any child who is attending regularly and is being ta ight in a private or parochial school which has complied wi :h all the provisions of this act and teaches such branches as are taught in the public schools to children of correspond- in j age and grade as determined by the course of study for th j public schools of the school district within which such pri- v; e or parochial school is located, or who, upon the comple- ti- n of the work in such schools, shall present satisfactory e\ dence to the county commissioner of schools, and in appro- pi .ate cases, to the superintendent of schools, that he has com- pl jted sufficient work to entitle him to an eighth grade di- p] >rna; (fb) Any child who has received an eighth grade diploma possessor of f i >m the public schools ; or who is regularly employed as a p: ge or messenger of either branch of the legislature, during tl e period of such employment ; (c) Any child who is physically unable to attend school. Physically 11 the truant officer is notified of the non-attendance of any U1 cl ild at school, and he shall find the one in parental control cl liming that such child is physically unable to attend school, tl e truant officer may secure a written statement of a com- petent physician, certifying that such child is physically un- alile to attend school; (d) Children over fourteen years of age who have com- when p eted the work of the sixth grade whose services are essen- Usentiai to ti al to the support of their parents may be excused by the JJggJJJ of county commissioner of schools or city superintendent of S( hools 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 Proviso, ait or any other act shall prevent children fourteen years of or over from procuring a permit to work outside of school 3urs, during the school year; (e) Children under nine years of age, whose parents do Distance not reside within two and one-half miles, by the nearest trav- fromsch001 - o ed road, of some public school: Provided, That if trans- proviso, portation is furnished for pupils in said district, this exemp- t on shall not apply; (f) Any child twelve to fourteen years of age while in Member of al tendance at confirmation classes conducted for a period of gJJJ*, 1101 lot to exceed live 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- f.cient work to entitle him to an eighth grade diploma, shall secure such permit as may be required under the statutes of permit Michigan covering the employment of minors, and shall be required - icgularly employed at some lawful work if physically able *o to do, or any child who lias 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 ex- cuse for such work by the county commissioner of schools 186 STATE OF MICHIGAN. 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 eacli mouth that lie or she is actually performing the work for which the excuse was issued. To report monthly. County truant officer, bond, etc. Powers. Proviso, cer- tain cities. Further pro- viso, graded school districts. Further pro- viso, U. P. Proviso. Bonds. Am. 1917, Act 179 ; 1919 , Act 13.2, Act 4 of 1919 also amended this act, deemed superseded by Act 132. As to the permit contemplated in paragraph (f), see section <13tS. A child over 1'6 years of age is not between the ages of 7 and 16 years., and as to construction of age limit, see Jackson v. Mason, 145/33-8. The board of supervisors may reimburse a deputy sheriff for attorney's fees paid to de- fend himself against an action of malicious prosecution for arrest on a war- rant fair on its face, where the officer acted in good faith and was held not liable. iMessmore v. Kracht, 1712/120. Charge held insufficient to sustain con- viction. People v. Turja, 167/530. (409) 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 foe approved 'by the county clerk. The person so selected shall be known as the county truant officer, and he shall have all the powers of a deputy sheriff, and he shall perform the duties of truant officer in all school districts of the county when directed to do so by the county commissioner of schools, except as hereinafter pro- vided: Provided, That in cities having a duly organized po- lice force it shall be the duty of the police authorities, at the request of the board of education, to detail one or more mem- bers of such police force to perform the duties of the truant officer in such city, but this provision shall not be construed as prohibiting such board of education from appointing any citizen not a police officer as truant officer: Provided further, That in graded school districts the board of education shall have authority to appoint one or more truant officers and fix the compensation of the same, said compensation to be paid by the district : And provided further, That in all townships of the upper peninsula organized as township unit districts, the board of education of such township shall 'have authority to appoint one or more truant officers for said township and fix the compensation for such service, said compensation to be paid from the proper funds of such school district. For all townships of the upper peninsula not organized as township unit districts the county truant officer appointed as herein prescribed shall act : Provided, That if in any graded dis- trict or township the board of education does not appoint a truant officer, the county truant officer shall act in such dis- trict or township. The truant officers herein provided for in cities, graded school districts and township unit districts shall give bonds to the board of education in the sum of five hundred dollars, said bonds to be approved by the board of education, and filed with said board, and such officers shall have, within their jurisdiction and while, in the performance of the duties of truant officer, the powers of the deputy GENERAL SCHOOL LAWS. 187 sh riff. The compensation, of the county truant officer shall > be three dollars per day for every day actually engaged in compensation, . th< discharge of his duties, and actual expenses, and all bills fo such service shall be certified by the county commissioner of schools. In cities, when the board of education appoints a ruant officer other than a police officer, said board shall tix [ tb j compensation for such truant officer and pay such officer fr an the incidental fund. The compensation and actual ex- HOW paid. p< uses of the county truant officer shall be allowed and paid ii the same manner as the compensation of other county offi- ce rs is allowed and paid by the county; and when the police ai thorities detail one or more members of the force as truant oi icers, they shall receive such compensation and actual ex p nses for such service as the board of aldermen or police com- ]i ission may determine, and be paid from the same fund as tl e police authorities are usually paid: Provided, That this proviso. a t shall not be so construed as to affect any existing appoint- n ent. 110) 5081. SEC. 3. (a) It shall be the duty of the C o Py of s hool director of all school districts, except in city, graded a id township districts, to provide the teacher, at the com- teacher. n encement of school, with a copy of the last school census, 1 Aether with the names and addresses of the persons in pa- i-Mital relation, also address of the county commissioner of s 'hools. The teacher shall, at the opening of school and at Duty of sach other times as may be necessary, compare said census te 1 st with the enrollment of the school and report to the county commissioner of schools the names of the parents or other 1 ersons in parental relation whose children of the ages herein- 1 efore mentioned are not in regular attendance at school ; also the names of parents or other persons in parental relation v ho have children of school age not included in such census nd \vlin do not attend school; (In In all city, graded and township districts the secre- census fur- ary of the hoard of education shall, at the commencement of of^ocTis'iu school, furnish a copy of the last school census to the super- cities, HC. ntendeni of schools in such city, graded and township dis- ricts, together with the name and address of the truant officer inder whose jurisdiction they act. and it shall be the duty of Duty of su- i >lic school, except as hereinbefore provided, on the day fol- io ring the receipt of such notice, with the necessary text- b< ks for instruction in the proper school or schools of the di trict or city. Said notice shall inform the parent or other pi rson in parental relation of the date that attendance must b( *in and that such attendance at school must be continuous ai d consecutive during the remainder of the school year as t; ight in the district. The truant officer shall, at the same ti ne the said formal notice is given to the parent or person ii parental relation, notify the teacher or superintendent or nmiissioner of the fact of notice, and it shall be the duty of tl e teacher or superintendent or commissioner to notify the liuant officer of failure on the part of the parent or other I' rson in parental relation to comply with said notice; (c) It shall be the duty of all truant officers, after having complaint, ii veil the formal notice hereinbefore described, to determine ^tnst iade \\liether the parent or other person in parental relation has P arent etc - c< implied with the notice, and in case of failure to so comply h ' shall immediately and within three days after having k lowledge or being notified thereof, make a complaint against s iid parent or other person in parental relation having the 1< gal charge and control of such child or children, before any justice of the peace in the county where such party ] -sides for such refusal or neglect to send such child or chil- dren to school; and said justice of the peace shall issue a v arrant 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 relation 1' r violation of this act, said parent or other person in I a rental relation shall be punished according to the provisions ( f section three of this act : Provided, That in cities having a proviso, recorder's court and justices of the peace, the truant officer >liall make the aforesaid complaint before the magistrate of . i ail recorder's court or before a justice of the peace, and f aid magistrate or justice shall issue a warrant and proceed o hear and determine the case in the same manner as is pro- "ided in the statute for other cases under his jurisdiction; (d) It shall be the duty of all school officers, superintend- Teachers, etc., MI ts, teachers or other persons to render such assistance and officer. 1 'iirnish such information as they may have at their command such truant officer in the performance of his official A in. 1917, Act 179. 190 STATE OF MICHIGAN. School boards may establish ungraded schools. May require attendance. Juvenile dis- orderly per- sons, who deemed. (412) 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. (413)' 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 author- ities, be assigned to the ungraded school or schools as pro- vided 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 incor- rigibly turbulent, disobedient or insubordinate, or are vicious and immoral in conduct; class three, children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employ- ment or occupation. 'Sec. 7 repeals Act 9'5 of l'S9'5, being C. L. 1897, 4847-4832. See 5985, A charge that respondent was a disorderly juvenile offender, in that she neglected and refused to go to school, and was a truant and is an unmanage- able child, is insufficient to sustain a conviction (C. L. 19115 1>5'576). People v. Turja, 1157/5130. An Act to provide for the compulsory education of deaf children. [Act 4(8, P. A. 1907.] The People of the State of Michigan enact: (414) 5986. SECTION 1. Every parent, guardian or other person in the state of Michigan having control or charge of any child or children between the ages of seven and eighteen years, and who by reason of deafness or imperfect hearing cannot be taught successfully in the public schools, shall be required to send such child or children to a day school for the deaf, the Michigan school for the deaf, located at Flint, or to such other school for the deaf as the said parent, guardian, or other person in parental control, prefers : Provided, That should the parent, guardian or other person in parental con- trol of said child or children fail to meet the foregoing pro- vision, then such child or children shall be sent to the Mich- igan school for the deaf, located at Flint. (415) 5987. SEC. 2. In cases where such parent, guard- poor ?hndren. ian or other person, on account of their poverty, 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 deaf shall furnish such transportation each year, and Proviso. Transorta- GENERAL SCHOOL LAWS. 191 th ; said board of trustees may include therewith transporta- ti< n for sucli parent, guardian or oilier person to said school ai.I return, where the child is under twelve years of age, and fo that purpose may issue a reriilirale directed to the auditor g( leral that said amount is necessary for the benefit of such in lividuals, who shall draw his warrant upon the istate ti i asurer therefor; and any such sums are hereby appropri- Sum*, how a 'd and sliall lc paid out of any moneys in the general fund. n< t otherwise appropriated, and the auditor general shall cl arge all such moneys, so drawn, to the county of which such p. rent, guardian or other person is a 1 resident, or to which h< or she belongs, to be collected and returned to the general fi nd the same as any state taxes are required to be by law. (41G) 5988. SEC. 3. Act number two hundred of the f ^ tai y act p iblic acts of nineteen hundred five, entitled "An act to pro- l v de for the compulsory education of children, for penalties f< r failure to comply with the provisions of this act, and to i peal all acts or parts of acts conflicting with the provisions the same," shall apply in the execution of this act, and fie officers mentioned in said act shall be required to report a 1 cases of deaf children residing in their jurisdiction to the s iperintendent of the Michigan school for the deaf, and they s i all enforce this act in the same manner as the said act 1 umber two hundred of nineteen hundred five is enforced. T he same penalties prescribed for violation of said act are Penalties. hereby prescribed for violation of this act. COMPULSORY EDUCATION OF BLIND CHILDREN. [Extracts from Act U2S, P. A. 1S93.] (417) 1474. SEC. 7. The period in which pupils shall Time may le entitled to remain in said school $hall be twelve years, or SOL ihe. board of control may, in cases where they deem it advis- able, extend such time to fourteen years. This section shall Dismissal and iot he so construed as to prohibit the said board of control trans >om dismissing any pupil within the such period for per- sistent disobedience, immoral conduct, or other sufficient eause, 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 e best interests of the said Michigan school for the blind. NOTE. Act 188, P. A. 1017, provides for the temporary care and mainten- ice of blind children under the ap- nf six years in the state public school inline arrangement* being made at Michigan school for the blind for care said children. 192 STATE OP MICHIGAN. Duty of secretary of state. Census enumerator. List of names of blind chil- dren, by wlwm made, verified, etc. To whom forwarded. Duty of supt. public in- struction. When children to be sent to Mich- igan school for blind, (418) 147G. 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, al- lotted to him, to procure the name, age, residence, and the name and residence of the parents or guardians or persons in control or in charge of each blind child, and of -each child whose vision is so defective as to make it impossible to prop- erly educate such child in the public schools, between the ages of seven and nineteen years. (a) The said enumerators in addition to their duties now prescribed in the general school laws shall make a list of the names of all blind children, or children whose vision is so defective as to make it impossible to properly educate them in the public schools, together with the data herein author- ized to be secured, which list shall be verified by oath or affirmation of the person taking such census, by affidavit appended thereto, or inserted thereon, setting forth that it is a correct list of the names of all the children herein desig- nated, residing within the particular school district, ward, or portion thereof. Said affidavit may be made before the township clerk or any other officer authorized by law to take acknowledgments. Blanks for this purpose shall be furnish- ed by the department of public instruction to the secretary of every school board within the state. The said list shall, after it has been properly verified, and within the time pre- scribed by the general school laws for the filing of census lists, be forwarded by the secretaries of the said school boards to the superintendent of public instruction and a copy thereof shall be filed with the proper officer of the township or city, as the case may be. The said superintendent of public in- struction shall, immediately upon receipt of the various lists, prepare and tabulate a report containing the name, age and residence of each blind child, and each child whose vision is so defective as to make it impossible for it to be properly educated in the schools for the seeing within this state, to- gether with the names and residences of the parents, guardian, or person having the control of any such child, which report shall be forwarded to the superintendent of the Michigan school for the blind. (b) It shall be the duty of every parent, guardian, or other person, having control or charge of any child or children in the state of Michigan, between the ages of seven and nine- teen years who are blind, or whose vision is so defective as to make it impossible to have them properly educated in the schools for the seeing, to send such child, or children, to the Michigan school for the blind, to be received at that school in GENERAL SCHOOL LAWS. 193 ccordance with the provisions of the statute, ami the ruh - ml regulations which are or may he prescribed by the board >f control of said school: Provided, That the parents, guar- exceptions lian or person having control of any such child shall not be enquired to send them to the Michigan school for the blind * hen they come within any One of the following classes: (1) Any child or children being educated in any private >r parochial school; (2) Any child or children physically or mentally incom- )etent of being educated ; (3) Any child or children over the age of seventeen years vho have been taught and are employed and are working at i trade; (4) Any child or children of the age of eighteen years em- )loyed at the Michigan employment institution for the blind ; (c) It shall be the duty of the superintendent of the Michi- Duty of su- ;an school for the 'blind to furnish to the county commis- School! 611 sioner of schools of every county, and to the secretary of he school board in- every city or village, a list of the names >t such children within such county, city or village, as come A it hin the provisions of this act. Each truant officer shall, Truant 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 when super- school for the blind shall, upon receipt of such report from Notify truant any truant officer, determine whether or not the children in officer - quest inn are included within the provisions of this act, and if in his judgment such children are included within the pro- visions of this act, and are not included within the exempted Classes named herein, lie shall notify the proper truant offi- cer, who, upon receipt of such notice, shall take such steps when to en- against the parents, guardian or other person having charge fo or control of any such child or children, to enforce the provi- sions of this act, as are now pres-cribed in act two hundred of the public acts of nineteen hundred five, as amended, rela- tive 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 /r o/ /7/r xt5 11M. Si;c. 1*. For the purpose of providing Maintenance, such care, maintenance and education the said board of edu- |J ^ on> cation shall have power to contract with any institution hav- ing or furnishing facilities for such care, maintenance and education in this or any other state at a contract price to be ap-ced upon, not exceeding tive dollars per week per child: I'-ovided, That such contract shall be made by and with the Proviso. w-itten consent of the parents or surviving parent of any si ch child. i !_:>) 1482. SEC. 3. Such contract shall continue in Time child force and the care, maintenance and education provided there- * in shall continue until such child attains the age of six years. > ll'iii 1 1 s ::. Si;.\ 1. There shall be included in the tax Tax clause. to be levied for stale school purposes, a rate sufficient to raise the sum of twenty-live hundred dollars, in addition to all other sums provided by law, which sum, or so much lliere- ol as may be necessary, is hereby appropriated for the purp- of carrying out the provisions of this act. 196 STATE OF MICHIGAN. (427) 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. What chil- dren deemed truants or disorderly persons. Who to make complaint. MISCELLANEOUS OFFENSES. An Act to prevent crime and to punish truancy. [Act 222, P. A. IIS'ST.] The People of the State of Michigan enact: (428) 15576. (SECTION 1. That every boy between the age of ten and sixteen years, or any girl between the age of ten and seventeen years, who shall frequent or be found loung- ing about saloons, disreputable places, houses of ill fame, or who shall be an inmate or resident or a member of a family who [reside] resides in any house of ill fame, or conduct any other disreputable place, or who shall frequent other rooms or places where dissolute and disreputable people congregate, or where intoxicating liquors are kept for sale, or who shall, against the command of his or her parents or guardian, run aw-ay or wilfully absent himself or herself from the school he or she is attending, or from any house, office, shop, firm or other place where he or she is residing or legitimately em- ployed with labor, or who shall against such command of his or her parents or guardian or for any immoral, disorderly or dis- honest purposes be found lounging upon the public streets, highways or other public resorts or at places of amusement of dissolute or improper 'Character, or who shall against any such command or for any [such] disorderly or dishonest pur- poses attend any public dance, skating rink, or show shall be deemed guilty as a truant or disorderly child. A charge that respondent was a disorderly juvenile offender and was a truant and is an unmanageable child, is insufficient to sustain a conviction. People v. Turja, H37/530. (429) 15577. SEC. 2. Upon the complaint upon oath and in writing made before any justice of the peace, police justice or other criminal magistrate, by the parent or guard- ian, or other person knowing of the facts of his own knowledge, that any girl between the age of ten and seventeen years, or that any boy between the age of ten and sixteen years, or by the supervisor of any township, or mayor of any city, or presi- dent of any village, and in any city of over eight thousand population by the chief of police, mayor, or other person knowing of the facts of his own knowledge, that such minor has been guilty of any of the acts specified in section one of this act, such justice of the peace, police justice or other criminal magistrate, shall issue a warrant for the arrest of GENERAL SCHOOL LAWS. 197 su< i minor, and upon conviction such minor, if a boy, may be J erm n of seri :enced by such justice of the peace, police justice or crim- s imi . magistrate, to the industrial school for boys at Lansing, an< if a girl, to ilic industrial home for girls at Adrian, boys un il eighteen years of age, and girls until twenty-one years of ag , unless sooner discharged according to law: Provided, Proviso, as Th .t no person or persons shall be sent to the said industrial rfJSKScS sc! >ol for boys or to the industrial home for i^ii-ls until the sei tence therein has been submitted to and approved by one of he judges of the recorder's court of the city of Detroit, or ju< ge of the superior court of the city of Grand Rapids, or an circuit judge or probate judge of the county in which su h conviction shall be had. (430) 15578.' SEC. 3. The same proceedings shall be procei_iPK.s ha I upon the trial of any person charged with being guilty upor of any of the offenses mentioned in section one of this act be ore the justice before whom such person is brought as are ha I in trials for misdemeanor, as far as the same are appli- ca >le, and the state agent for the care of juvenile offenders Duty of of the county wherein such offenders may be on trial shall st lia :e authority and take the same action in the premises as is pr >vided ly act number one hundred and seventy-one of tilt- session laws of eighteen hundred and seventy-three of this te. An Act to provide for the punishment of persons responsible for or I contributing to the delinquency of children. [Act S14, P. A. 1007.] The People of the State of Michigan enact: 431) 2028. SECTION 1. In all cases where any child Parents^ sh til be a delinquent child, or a juvenile delinquent person, as " defined by the statutes of this state, the parent or parents,^ lejjal .nuardian or person having the custody of such child, or ai y other person, responsible for or by any act encouraging, causing or contributing to the delinquency of such child shall hi guilty of a misdemeanor, and upon trial and conviction thereof, shall be punished by a fine not exceeding the sum of 01 e hundred dollars or imprisonment in the county jail for a period not exceeding ninety days, or both such tine and im- prisonment : Provided, That the court may, in its discretion, Proviso, as to si spend sentence upon any person found guilty under this ^ act upon conditions which may be imposed by the court at tl e time of the suspension of such sentence. 198 STATE OF MICHIGAN. PROTECTION OF CHILDREN. (Prom this act (260, P. A. I'SSl), only such portion directly to students in schools.) quoted as relates permitted in saloon, etc. (432) 7223. SEC. 2. No minor child under seventeen \ / t -i , -t -i years of age, nor any minor who is a student in any public, private or parochial school in the state of Michigan, shall be permitted to remain in any saloon, bar room or other place where any spirituous or intoxicating liquor, or any wine or beer, or any beverage, liquor or liquors containing any spiritu- ous or intoxicating liquor, beer or malt liquor is sold, given away or furnished for a 1 beverage; or in any place of amuse- ment known as dance houses, concert saloons, variety theaters ; or in any house of prostitution ; or in any room or hall oc- cupied or used for hire, gain or reward, for the purpose of playing billiards, pool, cards, dice or any other unlawful game; or in any room or hall used or occupied for gaming, pool-selling or betting in any manner whatever; or in any room or hall in which any cigars or tobacco are sold or kept Misdemeanor, for sale, where any such games are played. Any proprietor, keeper or manager of any such place who shall permit such minor child or minor student to remain in any such place, and any person who shall encourage or induce in any way such minor child or minor student to enter such place or to remain therein shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the court. Penalty. Child under 21 not to work where liquor sold. Child under 15, where not to work. Proviso, child under 14, on Satur- day, etc. EMPLOYMENT OF CHILDREN. [Extract from Act 385, P. A. li!)09.] (433) 5331. SEC. 10. No child under the age of t \veniy- 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 years of age shall be employed, permitted or snllVred to work in or in connection with any mercantile institution, store, office, hold, laundry, manufacturing establishment, mine, bowling alley, billiard or pool room conducted for profit, theater, passenger or freight elevator, factory or workshop, telegraph or mes- senger service within this state : Provided, This section shall not apply to any child of the age of fourteen years or over, working on Saturdays or other days during the school year, outside of school hours or during the established vacation GENERAL SCHOOL LAWS. 199 1 eriods in preserving perishable goods in fruit or vegetable aiming establishments or in any mercantile institutions, -tore, office, hotel, laundry, manufacturing establishment, iactory or workshop, telegraph or messenger service within his state. It shall be the duty of every mercantile institu- Register to be i ion, store, hotel, office, laundry, manufacturing establishment, contain.^ i line, bowling alley, workshop, telegraph or messenger ser- ice or any person coming within the provisions of this act o keep a register in which will be recorded the name, birth- ilace, age and place of residence of every person employed mder the age of sixteen years, ami it shall he unlawful for any child under uch establishment or person to hire or employ, or permit to h?redwUhout e hired or employed or suffered to w r ork, any child under the peu. ige of sixteen years without there is first provided and placed m file in the business office thereof a permit issued by the who to issue, uperintendent of schools of the school district in which such hild resides, or the county commissioner of schools, or some e "-J meiit of the time at which they shall expire and shall be of a ecial color distinct from regular permits; 200 STATE OF MICHIGAN. Attestation as to birth. Idem, physician's statement. Weight and height. Affidavit from parents. Ability to read and write. Normal development. Proviso. Doubtful Permit, how signed, what to state. School record, how signed and furnished What to con- tain. (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 re- quired, however,- only in case the above mentioned official or religious record cannot be produced, which statement shall certify that, in the opinion of the physician issuing said statement, the child is fifteen years of age or upwards, is in sound health and physically able to perform the work which it intends to do. Such statement shall also certify to the correct weight and height of said child, and shall be kept on file by the person issuing working permits ; such person may, in his discretion, require also an affidavit from the parents or other evidence as additional proof of age; (d) A statement by the issuing officer that he has exam- ined said child, that in his opinion the child can read intelli- gently and write legibly -simple sentences in the English language, that in his opinion the child is fifteen years of age or upwards, fourteen years in the case of a vacation permit or a permit to work on Saturdays or other days during the school year, outside of school hours and has reached the nor- mal development of a child of its age and is in sound health and physically able to perform the work which it intends to do, and that, in his opinion the services of the child are essen- tial to the support of itself or its parents: Provided, That permits for vacation periods and Saturdays or other days dur- ing the school year, outside of school hours shall not certify that the wages of the child are essential to the support of the family. In doubtful cases, physical fitness for such work shall be determined by a 1 medical officer of the board or de- partment of "health. Every such permit shall be signed in the presence of the officer issuing the same by the child in whose name it is issued; and shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the paper required by the preceding sections has been duly examined, approved and filed, and that the child named in such permit has appeared before the officer signing the same and been examined. The school record re- quired by this article shall be signed by the principal or chief executive officer of the school which such child has at- tended and shall be furnished on demand to a child -entitled thereto. It shall contain a statement 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 year previous to his arriving at the age of fifteen years or during the year previous to applying for such school record, and is able to read intelli- gently and write legibly simple sentences in the English I GENERAL SCHOOL LAWS. 201 niguago, and in the case of the public schools, has passed atisfactorily the work of the school up to and including the rork of the sixth grade, as provided in the course of study f the public schools, or in the case of schools other than ublic, the equivalent thereto. Such school record shall also idem, age ive the a-e and residence of the child as shown on the records ar >f the school and the name of its parents or guardians or ustodian: Provided, That in the case of limited vacation Proviso. >ermits or permits to work on Saturdays or other days dur- DH the school year, outside of school hours the school record ind all other requirements relating to educational qualifica- ions shall be waived, but all other requirements shall be complied with as prescribed in this section. Every month cwid to ifter the issuance of a permit the child shall report to the monthly. person who issued same, either in person or in writing, Through its parent, or guardian, stating that the child is m ployed, giving the name of employer and the location of i he place of employment, and if not employed said child shall be compelled to attend school: Provided, That nothing in this Proviso. act shall be used to invalidate the right of any minor over the age of fourteen years to use a working permit issued be- fre the passage of this act ; (e) Any person who shall make a false statement, trans- False state- scripr, passport, school certificate, certificate of physical fit- n ness, school record or any other writing required to be made or tiled by the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less penalty. 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 continuation minors under sixteen years of age working as now permitted classes - 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 .urade, a reduction in hours of work of not less than the num- ber of hours the minor is by this section to attend schools. Am. I'.HT Take v. Industrial Works, 174/C2S ; Powell v. E. H. Stafford Mnfg. Co., NTDGUOHNOB: i i - , nMloyment of a child under the age of 13 years to work upon a mangle in a laundry is plainly a violation of this statute. Schuetz v. Van Orman, 1S4-/479 ; Paskvan v. Allouez Mining Co., 185/332. 202 STATE OF MICHIGAN. Unlawful to organize, etc. Teacher, duty of. Board of education, investiga- tion. Penalty for neglect. 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 2711, P. A. l-aill.] The People of the State of Michigan enact: (434) 5827. SECTION 1. It shall be unlawful for any pupil of tfhe public schools of the state of Michigan in any manner to organize, join or belong to any fraternity, sorority or any other secret society composed or made up of pupils of the public schools. (435) 5828. SEC. 2. It shall be the duty of every teach- er, principal, or superintendent, having knowledge or reason to believe that such fraternity, sorority, or any other secret society is being organized or maintained in any of the schools of the state, or that any of the pupils attending said schools are organizing or belonging to such fraternity, sorority or any other secret society, to advise immediately the presi- dent or secretary of the board of education in charge of such schools, of such facts. Upon receipt of such notice, or of any other information that this act is being violated, the board of education shall proceed to investigate the facts concerning the same, and if after giving all pupils suspected of such violation a reasonable opportunity for a hearing, it shall satisfactorily appear to the board of education that any pupil has become connected with such an organization, or has promised to join such organization, the board shall take such steps as it shall deem necessary to abolish such organiza- tion, and it may inflict such punishment on the pupils so con- nected therewith as the board shall deem expedient. (436) 5829. SEC. 3. Any officer, teacher, principal, superintendent or other person mentioned in this act neglect- ing to perform any duty imposed upon him by this act, upon conviction thereof shall be fined not less than ten dollars nor more than twenty-five -dollars for each oft'ense. TEACHERS' ASSOCIATIONS. An Act to incorporate teachers' associations. [Act Ul'7. S. L. 1>S5)5.] The People of the State of Michigan enact: Fifteen or (437) 10174. SECTION 1. Any fifteen or more teachers, Say e form hei 3 or other persons residing in this state, who shall associate corporation. f or ^e purpose of promoting education and science, and improvements in the theory and practice of teaching, may GENERAL SCHOOL LAWS. 203 f<-?m themselves into ;i corporation, under such name as they n ly choose, providing they sluill have published in sonic \<>ti<.< to be ii' wspaper printed at Lansing, or in the county in \vhich sucli pul a- sociat ion is to he located, for at least one month previous. a notice of the time, place and purpose of the meeting for Si ch association, and shall tile in the nllice of the secreiary o state a copy of the constitution and by-laws of said asso- c it ion. (438) 10175. SEC. 2. Such association may hold and May hold p ssess real and personal property to the amount of five 1 ' 1 t ousand dollars, Imt the funds or property thereof shall not Restrictions b ' used for any other purpose than the legitimate business" 1 the association in securing the objects of its corporation. i l.'tO) 101 7(i. Si:<\ :{. rpon becoming- a corporation, as privileges and h "reinbefore provided, they shall have all the powers and 1 -ivileges. and be subject to all the duties of a corporation, a -cording In the provisions of chapter fifty live of the revised s alutes of this slate, so far as such provisions shall be ap- 1 icable in such case, and not inconsistent with the provisions o ! this act. Chap. r>r, ivlVrml (., is $ S 1 l.TJs IL'. ('. L. I'.lir,. / n Act to provide for a retirement fund for teachers in certain cases. [Art 17!. P. A. P.JIO.J Tin r<<>i>l< <>f (fir xtiitr of M irJi h/an enact: (4-10) r>7l>7. SKCTION 1. There shall be a teachers' re- Retirement < remeiit fund board, hereinafter called the retirement fund board, consisting of the superintendent of public instruction and live 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 ("ays after this act takes cil'ect. The members of such board Jerms of frst appointed shall hold ollice respectively for terms of one, two, three, four and live years from August one, nineteen 1 undred fifteen, to be designated in the appointments. Their Hlccessors shall be appointed for terms Of five years. A Vacancies. \acaiicy in the ollice of any member shall be filled for the nnexpired icrin by the governor. (441) i 5768. Si:.-. 1*. There shall be a president, aomcereof vice-president and a secretary of said board to be elected by a b( majority vote of the members of the board. The president T I and vice-president shall he elected for terms of one year. The term of otlice of the secretary shall be lixed by the board, but shall not exceed three years. The secretary shall not be a s member of the board. His salary or compensation shall be "" lixed by the board, but shall not exceed eighteen hundred dollars a year. The members of the board shall serve without K 204 STATE OF MICHIGAN. Absence from meetings. Treasurer of fund. Care of moneys. Investment. Powers of board. compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and Annual 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. (442) 5769. SEC. 3. The state treasurer shall be ex- officio treasurer of the retirement fund and shall be the cus- todian thereof. The moneys belonging thereto shall be de- posited by him in banks or trust companies, subject to the same provisions of law as regulate the deposit of state funds. The retirement fund board shall determine from time to time the investment of the permanent retirement fund, but each investment shall be subject to the approval of the state treas- urer and such fund shall only be invested in those securities in which savings bank deposits may be lawfully invested. (443) 5770. SEC. 4. The retirement fund board, sub- ject to the provisions of this act, shall have power : (1) To select such employes as may be necessary to carry into effect the provisions of thjs act, and fix their compensa- tion and prescribe their duties; (2) To investigate all matters relating to the operation of this act, and for that purpose to subpoena 1 witnesses and compel their attendance to testify before it. Any member of the board may administer oaths or affirmations to such witnesses ; (3) To require all boards, officers and persons having duties to perform hereunder in respect to contributions by teachers to the retirement fund, to report from time to time on such matters relating to such contribution as it shall deem advisable, and to prescribe the form of such reports; (4) To draw its warrants upon the state treasurer for the payment of annuities to teachers who have been retired as provided in this act, and for the purchase of such securities as the board shall have decided to purchase as herein pro- vided. No payment shall be made from the teachers' retire- ment fund, except upon warrant drawn pursuant to resolu- tion duly adopted by the board and signed and attested as the board may prescribe; (5) To increase the contributions from the teachers ac- cording to the provision made in section six of this tict: Provided, That such increase shall not be made until the contributions from all sources, not including the principal of the permanent fund, are insufficient to carry out the pro- visions of this act: Provided, That after collecting the ad- ditional contributions as above provided, should there still be insufficient funds in any year to pay all annuities in full, then, and in such case, each teacher entitled to an annuity, Proviso, increase of contributions. Proviso, pro rata pay- ments. GENERAL SCHOOL LAWS. 205 s iall be paid pro rata in same proportion as the amount of n oney on hand is to the amount due. (444) 5771. Si:c. .">. The retirement fund board si i all Rules. ii ake rules not inconsistent with the. provisions of this ad, v Inch, when approved by the superintendent of public instruc- ! on, shall have the force and effect of law. Such rules shall: 1(1) Provide for the conduct and regulation of the meet- what t<> >!' the board and the transaction of its busin, i 'l i Prescribe the manner of payment of contributions by >achers to the retirement fund, and the payment and methods c f payment of annuities therefrom; i:ii Kstablish a system of accounts, showing the condition ( f said fund, the receipts, expenditures and investments; l 1 i Prescribe the forms of all accounts, warrants, reports : nd other documents to be used by all persons and officers I ax-ing duties to perform under this act; !.") Kegulate the performance of duties of board's of edu- ( ation, trustees, and other officers and persons, imposed upon Idem by this act in respect to the contributions by teachers 1 ) the retirement fund, and the deduction of such contribu- 1ions from teachers' salaries. ill.")i r>77i ) . SEC. G. (1) All teachers, except those, contributions x -ho, being under contract when this act takes effect, do not fSnd. tirc ( tect to come under its provisions, shall contribute to the re- tireinent fund according to the following provisions: (a) A teacher who shall have taught five years or less, in his state or elsewhere in public schools, shall contribute one- 1 alf per centum of his or her annual contractual salary, but i ot more than five dollars during any year: Provided, That the retirement fund board may increase the contributions to (iie 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 ears, but. less than fifteen years, shall contribute one per (entum of his or her annual contractual salary, but not more than ten dollars during any year: Provided, That the retire- Proviso, ment fund board may increase the contribution to two per id centum of his or her annual contractual salary, but to not more than txventy dollars during any year. (c) A teacher who shall have so taught fifteen years or re, shall contribute txvo per centum of his or her annual contractual salary, but not more than txventy dollars during any year: Provided, That the retirement fund board may Proviso, 'lid-ease the contribution to three per centum of his or her d annual contractual salary, but to not more than thirty dol- Jars during any year. (-} After this act take> effect, every teacher con tract ing who deemed o teach in the public schools, including all who under any agreed**) u-evious contract of employment have not elected to come contribute - der this act, shall, by so contracting, be conclusively deemed j iii" j , 206 STATE OF MICHIGAN. Contribution by teachers employed. Deductions from salaries. 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 other body vested with 'Control of such schools, a duplicate of .such notice and an authorization to deduct from each sub- sequent installment of salary the proper assessment, as here- in prescribed. (410) 5773. SEC. 7. Boards of edurat ion, trustees, and other school authorities, having duties io perform in re- spect to the payment of salaries to school teachers who are under this act, shall cause to be deducted from each install- ment of salary of such teachers the pro rata amount due from such teachers to the teachers' retirement fund, and forward, the same to the treasurer thereof, as prescribed by the retire- ment fund 'board. Every officer and person failing to perform any duty prescribed by this act, shall be liable to a penalty of fifty dollars for each offense, to be recovered in an action of debt in the name of the people of the state of Michigan. And in case of any such liability, the attorney general, upon requisition of the retirement fund board, shall prosecute and recover the penalty herein provided, and when recovered pay the same to the treasurer of the school district who shall place the same to the 'Credit of the library fund of the said district. (447) 5774. SEC. 8. A teacher who has taught for a period or periods aggregating thirty years, of which period at least fifteen years, including the last five years of service preceding the application for retirement, shall have 'been spent in the public schools in this state, shall, upon and during retirement from actual service as a teacher on or after December one, nineteen hundred fifteen, be entitled to an annuity of a sum equal to one-half of the average annual con- tractual salary paid to said teacher during 1he last five years of service, but no such annuity shall exceed five hundred dol- lars nor be less than three hundred dollars. A teacher who has taught for a period or periods aggregating twenty-five years, of which period at least fifteen years, including the last five years of service preceding the application- for re lire inent, shall have been spent in the public schools of this state, shall, upon and during retirement from actual service as a teacher, on or after December one, nineteen hundred fifteen, be entitled to an annuity which bears Hie same ratio to the annuity provided for on retirement after thirty years of ser- vice 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 the judgment of the cm- ploying board either physically or mentally incapable of Failure to comply. Penalty. Recovery and disposition. Annuities upon retirement. Thirty years' service. Twenty-five years' service. Fifteen years' service. GENERAL SCHOOL LAWS. 207 caching, is deemed deserving of an annuity by the retirement 'und board, may be retired, and shall, upon retirement, be entitled to an annuity of as many thirtieths of the full an- luity herein provided after thirty years' service as said teach- >r has taught years in the public schools of this state. The ime spent in teaching in any public institution of this state ihall, for the purposes of this section, count as part of the ag- gregate time of teaching: Provided, That the last five years Proviso, >f service shall have been that of a teacher as defined by this ict. Retirement may he had on request of the teacher or up- >n the request of a hoard of education or other governing body how had - )f a school district. Request for retirement shall be made in Request, writing addressed to the retirement fund board, accompanied jy evidence showing that the teacher named is entitled to re- tirement, ami has complied with the provisions of this act, ind the rules of the board relating to the payment of aniiui- lies. The -board shall pass upon all requests for retirement Determina- and shall determine whether such requests should be grant- 1 -d. In computing terms of service under this act, a year shall what deemed be a legal school year at the time and place where said service y( 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. (448) 5775. -SEC. 9. 1. No teacher shall be entitled who not to an annuity who has not contributed to the retirement fund annuity.* an amount equal to at least one hundred per centum of his or her annuity for one year. But a teacher otherwise entitled HOW may to retirement and to an annuity under this act, may become annuitant. an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to his or her previous contributions to said fund, will equal one hundred per centum of his or her annuity for one year, or if unable to pay in advance the sum required to make up the said one hundred per centum of the yearly annuity, by authorizing the withholding of such annuity 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. 1*. Annuities shall be paid quarterly to the teachers enti- Annuities tied (hereto, upon the warrants or orders of the retirement Jjuarteriy. fund board. Vouchers or receipts therefor shall be signed in duplicate by annuitants. Said duplicate receipts shall be re- Duplicate turned to the secretary of the hoard, and one of them shall be V( retained in his ottice and the other shall 'be filed in the office of the state treasurer. 3. Kaeh annuity shall dale from the time when the retire- Date of ment fund board shall grant the application for the retirement a of the annuitant. (449) r>77<:. Si:<<. 10. Any teacher who shall cease to cessation of teach in the public schools nf this state before receiving any u annuity from the retirement fund, shall, if application be 208 STATE OF MICHIGAN. Return to teaching. Resumption of teaching. Definition of "teacher." Others included. 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 teach- er should again thereafter teach in said public schools, he or she shall, within one year from the date of his or her return to the service in said public schools, return to the retirement fund the amount so returned to such teacher, together with simple interest on said amount at the rate of five per centum per annum, for the time such amount was withdrawn from the fund. (450) 5777. SEC. 11. If any person retiring under this act shall resume teaching in this state or elsewhere, the annuity paid to such person shall cease .during the time of teaching, but shall again be paid after a subsequent retire- ment. (451) 5778. SEC. 12. The term "teacher" as used in this act shall include all persons employed in teaching by any city board of education or school board of any city, town, village or rural school district in this state, and all superintendents and assistant superin ten-dents of said schools, all supervisors of instruction, all principals and assistant principals, and special teachers of said schools. It shall in- clude county school commissioners, county normal teachers, the superintendent of public instruction and his deputies. It shall include all persons employed in teaching or educa- tional work in the following public institutions: Industrial home for girls, industrial home for boys, Michigan employ- ment institution for the blind, school for the blind, school for the deaf and state public school and state normal colleges and normal schools. The words "retirement fund" as used in this act shall mean the Michigan state teadiers' retirement fund for public teachers of such district shall contribute thereafter to the st ite retirement fund, as is provided in section six of this act, and shall be entitled to the same rights and privileges IK rennder and be subject to the same duties and obligations a*> are the teachers of other districts. STATE ACCOUNTS. An Act to provide for the safe keeping of public moneys. [Act lai, P. A. is- o.i 'I In I'coitlc of the Slate of Mirlriyan rnact: 454) 298. Si-: i S i'!i!>. BBC. i'. It shall be the duty of every officer Public moneys arged with the receiving, keeping, or disbursing of public moneys to keep the same separate and apart from his own money, and lie shall not commingle the same with his own money, nor with the money of any other pel-son, tirm or cor- p iration. i Tli) :>00. SEC. 3. No such ollicer shall, under any How used. p-etext, use. nor allow to be used, any such moneys for any p irpnse oilier than in accordance with the provisions of Jaw; 11 >r shall lie use the same for his own private use, nor loan the same to any person, tirm, or corporation without legal authority so to do. 27 210 STATE OP MICHIGAN. Interest on public moneys to constitute a general fund. Officers not to receive con- sideration for deposits of money. Provisions of act to apply to dep- uties, etc. Penalty for violating provisions of act. Proviso. Penalty for illegal pay- ment of money. (457) 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, foir 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. (458) 302. SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable con- sideration as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corpora- tion. " (459) 303. SEC. (J. The provisions of this act shall apply to all deputies of such officer or officers, and to all clerks, agents, and servants of such officer or officers. (460) 304. 'Ssc. 7. Any person guilty of a violation of any of the provisions of this act shall, on conviction there- of, be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall prevent a prosecution under the 'general statute for embezzle- ment in cases Avhere the facts warrant a prosecution under such general statute. (461) 305. SEC. 8. Any officer who shall wilfully or corruptly draw or issue any warrant, order, or certificate for the payment of money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section. STATE BOARD OF EDUCATION. An Act to revise and consolidate the laws relative to the state board of education. [Act 1194, P. A. li8S9.] The People of the State of Michigan enact: TO be a body (462) 1190. 'SECTION 1. 'That.for the purpose of ron- corporate. deriiig inore 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 here- after 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 hold property of normal school, etc. i GENERAL SOHOOL LAWS. 211 use ;i seal, Mild (he SMIIIC to change, alter MIH! renew ;it easure. and to niMke such by-laws ami re'ulat ion> as they ay oard| and Tor the transaction of ils business: Provided, Proviso. T he same be not repugnant to the constitution or laws of this I ate or of the Tinted States: Provided further. That said rurtiu-r c irporation shall be subject to the provisions of chapter tifty- ' re of the revised statutes of eighteen hundred and forly-six. far as the same can apply, Mud are not inconsistent with ie provisions of this act. ~>rt of tlio revised statutes of 184"6 contains the "general provisions r latins to corporations" and will ! fouinl in chapter -J. v ,o. * $ 1 1 Mi's 4li. c mpil.-d laws of P.M.",. See acts 138 and 178 of 1849. establishing a stnt.- n rinal school. (463) 11!M. S i-:r. i. Said board shall have power lo i>,,werof t -MiisMct all necessary business at any meeting, a quorum be- t " ):tr(L i i- present. Said board shall make ami provide such by- 1 us and regulations for the conduct of its business as it shall (I 'em proper. A <[in>rum of sMid boanl shall consist of a HIM- Quorum. j rity of its members. All processes against said boanl of Processes. elucation shall be served on the president or secretary there- iir.li 11!H. BBC. 3. The state board of ed neat ion of the s lall 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 t^achino-, ;in ,i j n ;l n the various branches pertaining to the public schools of the state of Michigan: Provided, There proviso. s tail be prescribed for said school a course of study intended socially to |>repare students for the rural and the elementary [graded] schools of the state, which shall provide not I 1 lan twenty weeks of special professional instruction. l li;r $ 11!).'!. Si:r. 1. No member of said board of edu- M -i.iii.-rs not cilion shall, duriii" his continuance in ollice, act as the a-cnt I,",,"',/ f^ of any publisher or publishers of school books or school ]i- pui'iishi-rs, bi-ary books, or be or become interested in the publication or sale of any such book or books as a.uent or otherwise. lllHii $ il!M. SK<-. :>. Said boanl shall provide all nee- course of t e>sary courses of study to be pursued in the normal school and establish and maintain in connection therewith a fully '" epiipped t raining school as a school of observation and prac- tice, and shall orant. upon the completion of either of said i courses, such diploma as it may deem best, and such diploma \ hen granted shall carry with it such honors as the extent i of the course for which the diploma is oiven may warrant and slid board of education may direct. i HIT i ii!>r>. SKC. a. Upon tbe completion of the course certificate to specially prescribed as hereinbefore provided for the rural granted, tenn and elementary graded schools, said board of education shall, of - *' tl> - r.pon the recommendation of the principal and a majority of the heads of the departments of said school, jjrant a certificate v.-hich shall be signed by said board and the principal of the 212 STATE OF MICHIGAN. Proviso. Life certifi- cates, when granted, etc. normal school, which certificate shall contain a list of the studies included in said course, and which shall entitle the holder to teach in any of the schools of the state for which said course has been provided for a period of five years : Pro- vided, That said certificate may be suspended or revoked by said state board of education upon cause shown by any county board of examination, or by any board of school officers. (468) 1196. SEC. 7. Upon the completion of either of the advanced courses of study prescribed by said state board, which shall require not less than four years for their comple- tion, said board of education, upon the recommendation of the principal and a majority of the heads of departments of said school, shall issue a certificate to the person completing said course, which certificate shall be referred to in the di- ploma hereinbefore provided to be granted. Said certificate shall set forth a list of the studies of the course completed and, when given, shall operate as a life certificate, unless revoked by said state board of education. (469) 1197. SEC. 8. The board of education shall make such regulations for the admission of pupils to said school as it shall deem necessary and proper: Provided, That the applicant 'shall, before admission, sign a declaration of in- tention to teach in the schools in this state. (470) 1198. SEC. 9. Said board of education shall ap- point each year three visitors whose duty it shall be to examine thoroughly into the affairs of the normal school and report their views with regard to its condition and any other matters they may judge expedient, to the said board of education, which report shall be incorporated in the report of the super- intendent of public instruction and in the report of said board of education to be made to the legislature as herein- after provided. Said visitors shall receive two dollars per ' day for time actually spent in visitation and also their actual traveling expenses, to be paid out of the funds -of said board : Provided, That not more than two visits shall be made by O Y1TT T-V/\OT/1 r\ TTl C11 ~f~rVY*C1 Maybe revoked. Admission of pupils. Proviso. To appoint visitors, re- port of, etc. Proviso. Report of board, con- tents of, etc. Treasurer, how elected; bond, amount of. any board of visitors. (471) 1199. SEC. 10. Said board of education shall make to the legislature, at every regular session thereof, a report setting forth: First, The work done by the school since the last report; Second, The [need] needs and requirements of the school; Third, A report of the principal of the school, concerning such matters pertaining to the school as have been under his immediate direction and control, and such recommendations as he may deem desirable to make to the board ; and Fourth, A financial statement, showing in detail the moneys received and expended, with an itemized statement of re- ceipts and expenditures, as near as may be. (472) 1200. SEC. 11. The board shall elect a treasurer, who shall furnish bonds with two sureties, or a surety bond from any surety company authorized by the laws of this state GENERAL SCHOOL LAWS. 213 1 execute same, in the penal sum of not less than forty 1 lousand dollars, conditioned for the faithful discharge of I is duties. Whenever the treasurer shall furnish a surety Cost of bond. IK! which shall be approved by the board, the cost thereof Dt exceeding one-half per centum per annum shall be paid at of the treasury of the state of Michigan upon the warrant : the proper officer after being first allowed by the board of s .ate auditors. Such treasurer shall receive such compensa- compensa- i on as to the board may seem just. ; (473) 1201. SEC. 12. The ten sections of salt spring imls located by the board of education tinder the provisions postion of ions fifteen and sixteen of "An act to establish a state etc - ormal school," approved March twenty-eighth, eighteen hun- i red and forty-nine, together with the fifteen sections of said j alt spring lands located under- the provisions of section six- ecu of said act, and all such lands as may be granted by con- : less or received or set apart in any manner in lieu of any onion of said land, in which the title may prove insufficient, n d all donations, in land or otherwise, to the state in trust T to the board of education for the support of a normal . chool, shall constitute a fund to be called the normal school ndowment fund, and shall be reserved from sale until the t ame shall be appraised. The minimum price of said lands Minimum hall be four 'dollars per acre, and it shall be the duty of the flicer authorized to sell said lands, to cause the same to be appraised as soon as practicable, in the manner provided for he appraisal of other lands; none of said lands shall be sold or less than the minimum price fixed by law. It shall not be -;iry to appraise any of said lands which have hereto- ore been appraised under existing provisions of law; and :he proceeds of sales of any of said lands heretofore ap- praised and sold shall constitute a part of the fund herein provided. After such appraisal, such land shall be and re- nal n subject to sale at the state land office as is now, or mal school of another state who does not hold a life cer- tificate if it foe shown to the satisfaction of said board that the courses of study pursued are fully equal to the require- ments of this state for a life certificate. After three years' teaching experience satisfactory to the state board of educa- tion said board may issue a life certificate to a person who has received such limited certificate: Provided, That in cities in this state comprising a single school district having a 1 population of two hundred fifty thousand or over, and main- taining a normal training school for the training of teachers for the public schools, the state board of education may issue life certificates and degrees to the graduates of such normal Duty at annual meeting. Certificate, how signed, etc. Proviso, nor- mal training schools. Further pro- viso, limited certificate. Proviso, cer- tain districts. GENERAL SCHOOL LAWS. -JIT, ing school if the course of study pursued shall be ap- pri ved by the state board of education. m. 1910, Act 157; lt>21. Act r,j. 477) llMT). BBC. Hi. The said hoard shall examine all te>. Mbooks in physiology and hygiene offered for use in the duty of pu >lie schools of this state, and approve, those only 'which l!g ui COMply with the law relative to the space required to be de- vcred to the consideration of the nature and effects of alco- ho ic drinks and narcotics, as provided in act one hundred an t sixty-four of the public acts of eighteen hundred and eighty-seven. It shall also be the duty of said board to dis- tri mte to the various educational institutions of the state su h specimens of copper, iron and other ores and rocks pre- sci ibed for such distribution under the provisions of section ill ee of act nine of the public acts of eighteen hundred and seventy-seven, being compiler's section eight hundred and foi ty-one of HoweH's annotated statutes. Phe act of 1887 referred to is act 165. instead of 1<54. It amends section 15, Ch. 3 of tbe general laws of 1881 relative to public instruction and will be fou d in section 60 of this compilation. !~Si i; IL'IM;. St:c. 17. All insurance monevs or means Disposition - , i ' i -111 ,- .,. of Insurance co Lected, received or made available at any time, from poll- moneys, etc. ci< < of insurance, or toy 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 foi rebuilding and refurnishing the said buildings. 17!)) 1208. Si:r. IS. Any person holding a certificate Certificate issued or approved by the authority of the state board of Suntyoom- ed ication. desiring to leach in any school under the jurisdic- missioner - turn of a county commissioner of schools shall file the said certificate, or a copy of the same, in the office of the com- missioner of schools in the county in which he or she desires to teach. NORMAL SCHOOLS. An Act to establish a normal school in central Michigan. [Act 2601, P. A. ISO:,.] The People of the State of Michigan enact: (480) li'i:;. SECTION 1. That a normal school for the jparation and training of persons for teaching in the- rural district schools, and the primary departments of the graded established j schools of the state, to be known as "Central Michig-iu Nor- mal School," be established and continued at the city of Mount Pleasant in Isabella county, to 'be located up"ii block ten of the normal school addition to said city, known "normal campus," and being a block of land in area beiweea eight and ten acres. 216 STATE OF MICHIGAN. State board of education to procure deed of con- veyance, etc. School to be under control of state board of education. (481) 1214. SEC. 2. The state board of education is hereby authorized and directed to procure a good and suffi- cient deed of conveyance, to be accompanied with abstract of title and tax history, to be approved by the attorney general, conveying to the said board of education and its successors 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 apparatus 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. (482) 1215. ISEC. 3. Said school shall be under and subject to the control of the state board of education, accord- ing to the provisions of act number one hundred ninety-four of the public acts of eighteen hundred and eighty-nine, of Michigan, entitled "An act to revise and consolidate the laws relative to the state board of education, and amendments thereto/ 7 which is made applicable to this school, except as herein otherwise provided. The act referred to immediately precedes this. See sections 462-470. Change name of normal school at Ypsilantl. An Act to change the name of the "Michigan State Normal School" to "Michigan State Normal College." [Act 52, P. A. 1890.] The People of the State of Michigan enact: (483) 1209. SECTION 1. The institution now known and designated under the name and style of "Michigan State Normal School" shall hereafter be known as the "Michigan State Normal College." Sec. 2. Repealing clause. Name of school. Purpose. Selection of site. f An Act to provide for the location, establishment and conduct of a normal school at Marquette, in the upper peninsula of this state, and to make an appropriation for the same. [Act 61, P. A. 1699.] The People of the State of Michigan enact: (484) 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. (485) 1220. SEC. 2. The state board of education is hereby authorized to procure a suitable site for the grounds GENERAL SCHOOL LAWS. 217 and buildings for said normal school, which site shall con- Area and sisi of at least twenty acres of land, located within one an, witli an abstract of title showing a clear and unincum- bei H! title, and all papers relating thereto shall be deposited in ;he office of the auditor general. ! ections 3, 4 and 5 provided appropriations for buildings and maintenance of : tie school. i486) 1224. SEC. 6. The said northern state normal Control of scl ool shall be under and subject to the control of the state K bo; rd of education, according to the provisions of act num- bei one hundred ninety-four of the public acts of eighteen Jin idred 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 nn nber one hundred and seventy-five of the public acts of eighteen hundred and ninety-seven, entitled "An act to fix tin relation of the existing normal schools of the state," which laws are made applicable to the school, except as here- in otherwise provided. An Act to provide for the locating, establishing and maintaining of i. state normal school in the western part of the state, to make ap- l-ropriations therefor and to provide a tax to meet the same. [Act ir.t;. r. A. 77/r /\oy>/ f ; of ///< N////C O/ (487) j; l-iT). SECTION 1. A state normal school shall Name. etc. be located. established and maintained in the western part of the state, at such place as the state board of education shall drsionair, i,, i,, known as the "Western State Normal School," for the preparation and training of persons for teaching in the rural district schools, and the primary departments of the graded schools of the state. (488) $ li'iMi. s i-:r. 2. Tin* state board of education is site, how ami In reby authorized and directM to procure a suitable site of not less than twenty acres for the building and grounds for said normal school. Said state board of education shall pay r such site a sum not exceeding one dollar, to be drawn on 218 STATE OP MICHIGAN. School, how con- trolled, etc. the requisition of said state board of education, and the war- rant of the auditor general, as other moneys and appropria- tions are drawn. Said state board of education shall procure good and sufficient deed of 'conveyance, with an abstract of the title thereto, showing a clear and unencumbered title, and .all papers relating thereto shall be deposited in the office of the auditor general. The sum of one dollar is hereby appro- priated for the fiscal year ending June thirtieth, nineteen hun- dred four, for the purpose of carrying out the provisions of this section. Sections 3 and 4 provided appropriations for buildings and maintenance of school. (489) 1229. iSsc. 5. The said western state normal school shall be under and subject to the control of the state board of education, according to provisions of act number one 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-ifive 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 clause. Course in physical training. Duty of 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 cer- tain school districts; to provide for a course of instruction in physical training in the normal schools of this state; to provide for the appointment of a director of physical training and the salary and expenses connected therewith; and to make an ap- propriation therefor and to provide a tax to meet the same. [Act 27i4, P. A. 1&H9.] The People of the State of Michigan enact: (490) SECTION 1. There shall be established and provid- ed in all the public schools of this slate, and in all state nor- mal 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. (491) SEC. 2. It shall be the duty of boards of education ' ds - 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 = GENERAL SCHOOL LAWS. 219 1 ysical education; and other school boards may make such piovision: Provide!, That nothing in this act shall be con- proviso. s -IKH! or operate to authorize compulsory physical examina- ti m or compulsory medical Ircatment of school children, nor t< allow the teaching of sex hygiene and kindred subjects in tl e public schools of this state. (492) SEC. 3. The curriculum in all normal schools of Curriculum. t is state shall contain a regular teacher's course in physical t aining under competent jurisdiction. i 1!KJ i S i-:r. 4. The superintendent of public instruction state director s all appoint a state director of physical training who shall trahUng!* 1 j M-forni such duties as the superintendent of public instruc- t on may prescribe under this act. The superintendent of I iblic instruction may revoke said appointment in his discre- l on. The salary of the state director of physical training salary. s lall lie three thousand dollars per annum, together with his i M-essary traveling and other expenses, not exceeding in any \ sir the sum of twelve hundred dollars, which sums shall be j aid from the general fund upon a wan-ant of the auditor .eneral in the same manner that the salaries of other state i Hicers are paid. The superintendent of public instruction stenographer. saall also appoint a stenographer for such director of physical t raining at a salary not to exceed thirteen hundred dollars per j ii num. Such director shall prepare and distribute suitable ( nurses of study for which purpose he shall be allowed a sum i ot to exceed two thousand dollars per annum. Sec. 5, which provided for an annual appropriation, was repealed by Act IS. (1st ex. sess.), P. A. 1921. ct to provide for physical training in the state normal schools and in certain city districts. [Act 40. P. A. l&lll.] <>j tin-. State of Mirhh/nn < intct: I (4!M) \'2:\'2. SKCTION 1. Physical training shall be where in-hided in the branches to be regularly taught in public 111 schools in city school districts having a population of more than ten thousand and in the state normal schools, subject lo such rules and regulations as the superintendent of public instruction may prescribe, and it shall be the duty o!' tin 1 HOW pro- boards of education in such city school districts and of the* 1 K TllK IJKNKKIT OF STUDENTS. i Act to provide for the incorporation of associations for the purpose of establishing loan-funds for the benefit of school scholars and students of this state, to assist them to attend the university of Michigan, the state normal college at Ypsilanti, the central Mich- igan normal 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: 1(497) 11321. SECTION 1. Any five or more persons of Loan funds. ill age residing in the state of Michigan may associate and icorporate themselves together for the purpose of establish- i ig loan-funds for the benefit of school scholars and students < f tliis slate, to assist them to attend the university of Mich- i jan, the state normal college at Ypsilanti, the central Mich- i *an normal school at Mt. Pleasant, the western state normal * chool, the northern state normal school, the Michigan state j griculhiral college at Lansing, the Michigan college of mines, < r the manual training schools of this state. Am. 1919, Act 268. (498) 11322. SEC. 2. Articles of association shall 'be Manner of executed in duplicate, by the persons so associating them- 1 selves together in the first instance, and shall be acknowl- edged by them before some person authorized by the laws of his slate to take acknowledgments of deeds, one of which duplicates shall be filed and recorded in the office of the secre- ary of state, and a record shall be made of such articles, and .1 certified copy thereof filed in the clerk's office in the county vvhere such society is formed. Thereupon the persons so '.executing said articles, and such other persons as may there- it ter, according to the provisions of such articles, become as- sociated with them shall become and be a body politic and corporat<\ capable of being sued, for the purpose set forth in such articles. i !!>'.h $ 11323. SEC. 3. The articles of association shall Articles of Contain: association. i. The names and places of residence of the persons associated in the first instance; Second. The uame or title by which such association shall be known in law, and the period for which it is incorporated, not exceeding thirty years; Third, The objects for which it was organized; Fourth, The number of its trustees or managers to manage the same, and the names of such trustees or managers for the lirst year of its existence. ir>00) 11324. SEC. 4. The affairs of such corporation General man- shall be under the general management of not less than five mger nor more than fifteen trustees, to be chosen by the members 222 STATE OF MICHIGAN. By-lawa. Amendments. Funds of corporation. thereof, and to hold office for such time, not. exceeding five years, as shall be provided by the articles of association; classification and the articles of association may provide for a classifica- tees - 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 objects for which the corporation was organized. The regular officers of such corporation shall form a part of such trustees. The officers may be chosen by the trustees or the members of the corporation, as the articles shall prescribe. The by-laws shall be adopted by the trustees, who may change them at pleasure. The majority of the trustees shall be a quorum to transact business. The articles of association of any such corporation may be amended at any time by a two-thirds vote of the trustees. Before any such amendment shall take ef- fect, 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. (501) 11325. SEC. 5. All the funds received by any corporation organized under this act shall be used, after pay- ing 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 pur- poses set forth in its articles of association. Such corpora- tion shall in equity and law be capable of taking and receiv- ing real and personal estate, either by purchase, gift, grant, lease, or bargain and sale, devise and bequest, not exceeding twenty-five thousand dollars, in the aggregate, for the pur- pose 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 association; and it shall be lawful to invest the same upon mortgage, or in or by loans on notes or bonds, or municipal, county, state or United States securities ; or deposit the same in any 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, spe- cify the kinds of securities in which its funds shall be invested, and that no part of its funds shall be invested in any securi- ties other than those named in its articles, or when the 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. (502) 11326. SEC. 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- May receive real and personal estate. Proviso, may specify kinds of securities. Election of officers. GENERAL SCHOOL LAWS. soh M!, hut it shall ;iml nuiy he l;i\vful mi juiy other day in hoh an election of officers. directors or trustees. in such man- ner as may he directed by the articles of association and by-1 iws of said corporation. (03) 11:>L'7. Si:r. 7. The articles of association filed as .1 equired by this act, or a copy thereof rertilied hy the olli- court. cer with whom they are so filed, may he given in evidence in an\ court of this state for or against said corporation. Said f ' l '' 1 cor; -oration shall possess the general power conferred hy and snl> ect to the provisions and restrictions of chapter two hnn- dr< 1 thirty of the compiled laws of the state of Michigan of ei.: teen hundred ninety-seven, so far as the same may be ap- plh able to corporations formed under this act. STATK HOARD OF LIHKAIIY COMMISSIONERS. An Act to create a state board of library commissioners, to promote tl e establishment and efficiency of free public libraries, and to p -ovide an appropriation therefor. [Act 115, P. A. 1899.] The People of the State of Michigan enact: 50-n 1150. SECTION 1. The governor, with the advice Personnel of . . ' . commission. ami consent of the senate, shall appoint four persons, resi- de] ts of this state, who, together with the state librarian, \vh > shall be a member ex-ollicio. shall constitute a board of lib -an* commissioners. Two members of said board shall be appointed for a term of four years and two for a term of two ye; rs, and thereafter the term of office shall be four years. All vacancies occurring in the appointive membership of said board, whether by expiration of term of office or otherwise, sh; 11 be tilled by the governor, with the advice and consent of tin senate. 505) 1151. Sr.r. i'. It shall he the duty of the library Duties of commission to ^ive advice ami counsel to all free libraries" in the state, and to all communities which may propose to establish them, as to the best means of establishing and ad- ministering such libraries, the selection of books, cataloguing, an 1 all other details of library management. In January of ea .-h year the board shall make a report to the governor of its doings, of which report one thousand copies shall be print- ed by the state printer for the use of the board. (606) 1152. SEC. 3. It shall be the duty of all free Reports to lil raries organized under the laws of the state, whether gen- c er.ii or special, to make an annual report to the board of li- br iry commissioners, which report shall conform as near as may be reasonable and convenient, as to time and form such rules as the hoard may prescribe. Sections 4 and 5 of this act are repealed by Act 274 of 1909. sections -i 224 STATE OF MICHIGAN. DISTRIBUTION OF LAWS AND DOCUMENTS. Annual report of superin- tendent of public In- struction. To whom distributed. Number of Proviso. Further proviso. Institute outlines. Duty of county com- missioner. An Act to provide for the publication and distribution of laws and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published, and to provide for the replacing of books lost by fire or otherwise, and to provide for the publication and distribution of the official directory and legislative manual of the state o* Michigan, etc.* (From this act only such portions are quoted as relate directly to the public school system.) [Act 44, P. A. liS99.] (507) 830. SEC. 11. There shall be printed of the an- nual report of the superintendent of public instruction, a sufficient number to supply all school libraries in the state with one copy each, also one copy each to the following per- sons or institutions: To each superintendent of public in- struction, state university, college of mines and state normal 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 superinten- dent of schools ; two hundred copies for deposit with the secre- tary of state for future distribution, and such number of ad- ditional copies as the superintendent of public instruction may, in his discretion, deem necessary, and not exceeding three hundred copies. Said report shall not exceed three 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 pajper, 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 time 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 SO of the above act, as amended by Act 105', P. Ai of 19'21, pro- vides for the distribution of the legislative manual (red book), and the list includes one copy for each of the following : each county clerk and county school commissioner ; each district, graded and city public school ; and each public library other than school library. (508) ( 850. SEC. 32. It shall be the duty of the county commissioners of schools to distribute all copies of the "of- ficial 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 *Remainder of title, repealing clause. GENERAL SCHOOL LAWS. 225 hools. and it shall be the duty of the secretary of state to irect and oversee the prompt distribution of the laws, jouru- ,- Is, documents and reports mentioned in this act, whose dis- 1 ibntion is not otherwise provided for; and said laws, journ- j Is, documents and reports shall be shipped to the several < )un(y clerks and county commissioners of schools in the : ate, and be distributed by them to the persons, officers, cor- ] orations and societies within their respective counties en- i itled to the same, and that, until so distributed, they shall 1 e carefully preserved by said county clerks and county com- j lissioners of schools. That the accounts for boxes furnished Expense of D the secretary of state for package and distribution shall 1 e audited and allowed by the board of state auditors and 1 aid out of the state treasury, and the expense of transporta- ion from the office of the secretary of state to the -county lerks and county commissioners of schools, and of distribu- ion by them to the persons entitled to the same, shall be . udited and allowed by the boards of supervisors and paid < ut of the county treasuries. (500) 851. " SEC. 33. It shall be the duty of the several < ounty clerks and county commissioners of schools, upon state* ] eceiving any of the books mentioned in this act, to receipt to he secretary of state for the same, which receipt shall be iled and preserved in the office of the secretary of state; and it shall also be the duty of the said county clerks and county commissioners of schools to distribute said books a< >rovided in this act, and to report at the expiration of a month after each reception of books to the secretary of state, on blanks furnished by him, by giving a full statement of all of said books remaining in his office, together with the names of the officers neglecting to call for the books to which they .ire entitled; and it shall be the duty of all persons, officers, wporations and societies, upon receiving any of the book> ncntioned in this act, to receipt respectively to the county 'lerk and county commissioner of schools for the same, which receipt shall be filed and preserved in the office of the county lerk and county commissioner of schools respectively. It Notification ayers of such township for the establishment of a rural ligh school, or for the discontinuance of any rural high school stablished under the provisions of this act, shall submit such Submit vote liiestien to a vote of the qualified electors of said township flection? it a special election called for that purpose within sixty days rom date of receipt of said petition. (513) if :,!:;:,. SEC. 2. All elections ordered by any gecUons held ownship board in pursuance of section one of this act shall place. e held at the usual place or places of holding township elec- ions, and notice shall be given and the election conducted Notice given. n all respects as provided bv law for the election of township Election, how ..Ulcers, and the ballots shall have printed thereon "for rural a ligh school Yes." "For rural high school No," or in the ase <>f the discontinuance of any rural high school estab- ished under the provisions of this act, "For discontinuance of rural high school rYes." "For discontinuance of rural Jh school Xo." .">! t ) r!i:;ii. SEC. 3. If more votes are cast in favor of gjJJ^J f h high school than against it at such election, the qualified elected.' ^lectors of said township shall elect at their next annual elec- office 8 oi ion of township officers a board of trustees of three mem- bers, one for one year, one for two years and one for three ; fears, and on the expiration of their terms of office and regu- arly thereafter their several successors shall be elected in like nanner for a term of three years each: Provided, That when i rural high school shall have been established by the electors )f any township, the tirst election of such trustees may be ordered by the township board to be held at any time after rhe ten days' legal notice of such election shall have been .riven. The township clerk shall be ex-oflficio member and the Ex^fficio :lerk of the board and the township treasurer shall be ex- E tlicio member and treasurer of the board, with the same pow- 3r as other members of the board. If two-thirds of the votes cast are in favor of the discontinuance of any rural high high school? school, such rural high school shall be discontinued in the 228 STATE OF MICHIGAN. .same manner as is provided by law for the discontinuance of district schools. Board of (515) 5937. SEC. 4. Said board of trustees shall meet meetings. n the third Monday in April of each year and organize by electing one of the trustees as president. Regular meetings of the board shall be held on the second Mondays of May, August, November and February in each year. Special meet- ings may be called upon five days' notice by the president or powers. secretary. The board shall have power: (a) To supervise and visit the school; (b) To admit all children of the township above the sixth grade and to admit and provide rates of tuition for non-resi- dent pupils if they so elect; but nothing in this act shall be so construed as to limit the operation of the laws of this state relative to the compulsory education of children, or the liability of children to attend school thereunder, and it shall be the duty of the officers charged by law to enforce the pro- visions of said laws relative to the compulsory education of children, to enforce in like manner the attendance at such high schools of children admitted to attendance thereat under the terms of this act; (c) To select and adopt text-books; (d) To appoint legally qualified teachers; (e) To fix wages, make general rules and regulations for the control of the school, suspend or expel pupils, fix the time of school which will not be more than ten months nor less than seven in any one year; (f) To rent or to purchase and hold real estate for such township high school, build and furnish schoolhouses, deter- mine location of grounds and building, which shall be as near the center of the township as practicable, according to sanitary conditions, and to receive and hold bequests and gifts for the benefit of the school, and to dispose of property belonging to the district subject to the provisions hereinafter named ; (g) To provide a course of study which shall be approved by the superintendent of public instruction and the president of the Michigan agricultural college, and shall not consist of more than four years' work ; said course of study may in- clude instruction in manual training, domestic science, na- ture study and the elements of agriculture ; . (h) To estimate and vote the amount of tax necessary to support the school at a meeting previous to October first in each year and report the same to the supervisor, which amount shall be spread upon the tax roll the same as other district taxes, and in their discretion borrow money for cur- rent expenses, which amount shall not exceed fifty per cent of the amount of tax voted; (i) To publish annually in one newspaper of the town- ship or county a statement of the proceedings of the board meetings and an itemized account of all receipts and expenses, and file a copy of the same in the office of the county school GENERAL SCHOOL LAWS. 229 miissioner and state superintendent of public instruction \ ithin sixty days of the date of publication of the same; (j) To call special elections or meetings of the township, f necessarx . to vote on the amount of money to be raised for he purchase . The secretary of the board shall Salary of eceive not to exceed fifty dollars per annum for his services. M .'t shall be his duty to keep the records, provide supplies, visit Duty of :he school and make annual reports to the school board, the w oiin ly school commissioner and the state superintendent of nblic instruct ion, in such form as the superintendent of pnb- inst ruction shall direct. (517) r>!):;!). Si:<\ G. All orders on the treasurer for orders for oneys shall be ordered by the board and signed by the secre- r lary and president. |.~1S) r>!lo. SKC. 7. A majority of the taxpayers of Limit of the township shall determine the amount to be expended in b< the grounds and building of said school and may bond the township for such amount: Provided, That the amount of Proviso. <:\\(\ bonds shall not exceed five thousand dollars, and that the period of such bonds shall not continue beyond ten years. (510) 5941. SEC. 8. The high schools established un- under super- del- the provisions of this act shall be under the supervision mLsioner COn of the county commissioner of schools, and all questions of management, support and control arising under the provi- sions oi this act and not expressly provided for therein shall be subject to the provisions of the general school laws of this te. . K.iM'iilin- clause. :: INFOIIMATION IM;<;AIM>IN<; LIISIJAIMKS. Act to secure information regarding all public or school libraries in this state. [Art 134, P. A. H9O3.] Tin- /Vo//r of tlir Xhilr oj Mirltu/tin enact: li:):i. Si:<-no\ 1. Hereafter it shall be the duly Librarian to of the librarian of any and all public libraries, including town- ship, school district, village or city libraries, to make an an- nual report regarding the location, condition and support of said library to the county commissioner of schools on or be- fore the thirtieth day of June in each year. i.VJl) lir>.|. SKC. 2. It shall be the duty of the county Towhom commissioner of schools in each county, immediately after missione?3" receiving the reports from the several libraries in his county and before the tirst day in September of each year, to trans- 230 STATE OF MICHIGAN. mit to the secretary of the state board of library commis- sioners at Lansing a complete list of all the libraries other than personal libraries within his county, together with the several reports provided for in section one of this act, blanks for reports in both instances to be furnished by the board of library commissioners. Sec. 3 repeals Act 199, P. A. 1901. Payment of tuition. Proviso, notice. Proviso. PAYMENT OF TUITION OF EIGHTH GRADE PUPILS. An Act to provide for the payment of tuition in and transportation to another district, of children who have completed the eighth grade in any school district; and to repeal act number one hundred ninety of the public acts of nineteen hundred three, and all other acts and parts of acts in anywise contravening the provisions of this act. [Act 615, P. A. 1909.] The People of the State of Michigan enact: (522) 5830. SECTION 1. The district board or board of education of any school district which does not maintain a high school, shall have authority and is hereby required to vote a tax sufficient to pay the tuition to any high school which is approved by the superintendent of public instruc- tion, of any children of school age, residents of said district at the time of giving notice as hereinafter provided, who have completed the studies of the eight grades not exceeding in amount -the per capita cost per year based on the average en- rollment for the preceding school year in the high school where said children may attend, but in no case shall said amount exceed sixty dollars per pupil, per year, unless the voters appropriate a larger sum at the annual school meet- ing, or at a special meeting called for that purpose, and may vote a tax to pay the transportation during school days of such children, such tuition to be paid by the treasurer of the district in which the pupil resided at the time of giving the notice herein provided, to the treasurer of the district where the high school attended is located: Provided, That a par- ent or the legal guardian of such children, or the person in parental relation to such children, shall give written notice to the district board or board of education on or before- the fourth Monday of June, that such children desire to attend any high school during the ensuing year. Upon receiving written notice of children eligible to attend high schools, the district board or board of education shall vote a tax sufficient to cover the necessary expense for tuition as herein provided, and may vote a tax sufficient to cover the necessary expense for daily transportation of such children: Provided, That the district board or board of education of a district having sufficient money in the general fund may pay the tuition of those who have completed the studies of the eight grades as GENERAL SCHOOL LAWS. 231 >vided in this act even though the notice required lias not >n filed in due time by the parent, legal guardian, or other person in parental relation to such children, and the distriri board or board of education of a township school distriri maintaining a legal high school as provided in this act may pay the tuition of its eighth grade graduates to some other legal high school if in the judgment of said board the educa- tional interests of such eighth grade graduates will be better served : Provided, That any surplus moneys in the treasury proviso, of said district belonging to the primary fund may be used in paying necessary tuition in lieu of a tax therefor : Provided, Proviso. That the per capita cost herein referred to shall not be in- terpreted to include the cost of sites, school buildings, and the repairs on the same. Am. 1917. Act 11 ; 1919, Act 59 ; 1021; Act 79. . (523) 5831. SEC. 2. The tax provided for in section Tax to be e of this act shall be reported to the clerk of the township re in which such district is located and shall be spread upon the tax roll of such township in the same manner and at the same time as other school taxes. Section 3 repeals Act 190 of 1903. (524) 5833. SEC. 4. A high school shall be a graded Hjgh*ooi school maintaining twelve grades of work with at least three teachers devoting their entire teaching time to the work of the seventh, eighth, ninth, tenth, eleventh and twelfth grades, or two teachers devoting their entire teaching time to the work of the eighth, ninth, tenth, eleventh and twelfth grades: Provided, That a graded district having a course of at least Proviso, ten ten grades .with one teacher, devoting his entire teaching time gl to the eighth, ninth and- tenth grades, shall not be obliged to pay the tuition of its pupils to a twelve grade school until such pupils have finished ten grades of work in their own district : Provided further, That the district board in a pri Fl ] rl [||;; ) r mary school district may pay the tuition of its pupils who l " have satisfactorily passed the county eighth grade examina- tion as hereinafter specified to a graded school district main- taining ten grades of work for a period not exceeding two school years, after which the tuition of such children shall be aid to a high school as provided in this act. (525) ji .~>s:>4. SEC. 5. Pupils eligible to have their tui- PUI.MS paid shall be the holders of county eighth grade diplomas H granted by the county boards of examiners in the several counties under rules and regulations prescribed by the super- intendent of public instruction, or shall have completed eight grades of work in a graded school district as evidenced the written statement of the superintendent of schools in aded school district. 232 STATE OP MICHIGAN. An Act to enable district boards and boards of education to pay tuition to another district. [Act 21, P. A. 1913.] The People of the State of Michigan enact: ne u ares? to ^^ 5835. SECTION 1. The district board or board of school. education in all primary, graded and township unit districts of the state may use money in the general fund of said dis- trict for the purpose of paying tuition to some other district or districts, of children who have not completed eight grades of work, in cases where such children are nearer to the school- house in another district than to the schoolhouse in their own district, and may vote a tax for such purpose. CHILDREN OF INDIGENT PARENTS. An Act to provide means whereby children of indigent parents, within school age, may attend school. Truant officer may investigate. Relief may be granted. Amount paid to family. [Act , P. A. Ii911.] The People of the State of Michigan enact: (527) 5989. 'SECTION 1. Any truant officer of this state when authorized by the board of education to investi- gate, and when satisfied that any child within his jurisdiction, required by law to attend school, is unable so to do by rea- son of the fact that the services of such child are absolutely required for the support of himself or herself, or to assist in the support or care of others legally entitled to his or her services, such person or persons being unable to support or care for themselves, such truant officer shall report the case to the board of education of the school district in which such child may reside, and such board of education shall be author- ized to and may in their discretion grant such relief as will enable the child to attend school during the entire school year. In all cases where such relief is necessary the said board of education shall be authorized to, and may in their discretion, furnish to such child the necessary text-books free of charge, in addition to such other necessary assistance or support. (528) 5990. SEC. 2. For the purposes in this act pro- vided such -board of education shall pay, during the school year, to the family of such child a ( sum not to exceed three dollars a week, nor more than six dollars a week for the chil- dren of any one famity. 'Said money shall be paid in the same manner and out of the same fund as are the current expenses for the maintenance of public schools. .- i re'!)) GENERAL SCHOOL LAWS. 233 5991. SEC. 3. It shall be the duty of the truant < h'cer or treasurer of the school board in any district where mda by {i child is receiving aid under the provisions of this act to truanto < sburse the funds herein provided for, and to investigate 1 ie environment of the child, and to make an itemized report i out lily to the school hoard or some officer appointed by the 1 >ard, of the manner in which such funds were expended: I rovided. That in cilics having a juvenile court such investi- Proviso. i it ion shall be made by such court. (530) $.")!>!:.. SK< ; . 4. The truant officer shall notify MontWye- 1 ie teacher to whom any child receiving aid under the pro- SSdeby \ isions of this act may be assigned, and it shall be the duty teaoher - c f the teacher having charge oi' such child to report monthly t ) the school board through the superintendent of schools, the ] rogress such child is making in his or her school work, and t ie record of attendance together with such other informa- t on as may be deemed necessary. Said truant officer shall i sceive the same compensation for the time so engaged under lie provisions of this act as he receives for similar services formed by him and shall be paid in the same manner. 1 NTY NORMAL THAI NINO TLASSKS. n Act for the establishment of county normal training classes and for the maintenance and control of the same. [Act 2*1, P. A. 1903.] Tin- I'< ]>!< o/ the tftatr of Michigan enact: i.":;ii r>!Mo. SECTION 1. Upon the notification by the when permit I oard of education of a district in a county not having a tc state normal school within its borders, that the district and the board of supervisors of the county have voted to estab- lish a county normal training class, the state superintendent . established in any county: And provided further. Thai not Furthfr more than ten such classes shall be established in the state pro in any one year. KM I). Act 158. 234 STATE OF MICHIGAN. County nor- mal board, how con- stituted. Proviso. Normal board duties of. Certificate of graduation. Proviso, rural agricultural school. Proviso. Renewal, etc. Normal train- ing classes, maintenance of. Districts establishing, what to furnish. Teachers' salaries, appropriation for. (532) 5944. SEC. 2. The superintendent of public in- struction 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. (533) 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. (534) 5946. SEC. 4. The certificate 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 class is situated: Provided, That the certificate of graduation shall also qualify the holder to teach in any rural agricultural school district organized un- der the provisions of act number two hundred twenty-six of the public acts of nineteen hundred seventeen, as amended, and in the one room, two room, and rural agricultural schools established in any township school district in said county, or in primary or graded school districts not containing an incorporated city or village: Provided, That any certificate shall become valid as above specified in any other county when endorsed by the authority that grants certificates in such county; Second, A certificate of graduation may be renewed or revoked by a majority vote of the county normal board. Am. 1921, Act 82. (535) 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 superinten- dent of public instruction that the equipment and instruction < ' aiiv eon: GENERAL SCHOOL LAWS. 235 any county normal training class has been satisfactory, h lall draw his warrant on the state treasurer in favor of the 1 easurer of the district board or the board of education of 1 ie district maintaining such normal training class 1o the j mount of six hundred dollars for each teacher employed in i ie training school, to be paid out of the general fund: Pro- rn>\iM>. A ded. That in no case shall the total of such appropriation ex < ?ed twelve hundred dollars in any county 'during any school Third, In any district establishing a county normal train- Cost of i ig class, the board of education shall, previous to the first instructlon - < ay of October in each year, estimate the cost of instruction I >r the current year in the county normal training class, and, < educting therefrom the amount appropriated by the forego- i ig provisions of this act, report the balance to the county ( lerk on or before the first day of October; Fourth, At its October session, the board of supervisors Appropriation {hall appropriate out of the general fund of the county one- or ' 1 alf of the balance clue for instruction, as shown by the afore- s lid report to the county clerk, which amount shall be as- *3sscd and collected at the same time and in the same man i er as the other county taxes: Provided, That in no case Proviso. shall such appropriation made in any county exceed one-half 1he amount appropriated by the state according to the pro- Aisions of this act. The money so raised shall constitute the < ounty normal fund. Am. 1017, Act 217. (50r, i r>948. SEC. 0. On or before the thirtieth day of {J^j oncr lune of each year, it shall be the duty of the county co-minis- duty of. sioner of schools to certify to the county clerk the balance 1 etween the total cost of instruction for the current year and the amount appropriated by the auditor general. Upon when clerk to i-T.'ipt of such eertilicate, the county clerk shall draw an ' rrder for one-half of the said balance upon the county treas- i rer in favor of the. treasurer of the board of education of the < istrict establishing the normal training class: Provided, Proviso. Vhat such order shall not exceed the amount appropriated ly the board of supervisors according to the provisions of this set i ."::? i i; .V.HI). SEC. 7. All moneys remaining in the Disposal of (ounty normal fund upon the first of September of each year of?und der shall he returned to the general fund of the county. 236 STATE OF MICHIGAN. TRADE, VOCATIONAL, INDUSTRIAL, MARINE, ETC., SCHOOLS. Authority to establish, etc. To acquire sites, build- ings, etc. Legacies, etc. Endowment funds. Certain actions legalized. An Act empowering school districts in the state of Michigan to estab- lish and maintain trade, vocational, industrial, marine and manual training schools, school gymnasiums and scholarships, and to accept gifts, legacies and devises. [Act 2(2, P. A. 1911.] The People of the State of Michigan enact: (538) 5950. 'SECTION 1. Any school district, with the consent of NTi;oL, CT<\. OF CKK'TAIN" COLLKdK OF M K! >!<'! \K AND SFK<;I-:RY. Act to enable the board of education of cities having a population of two hundred and fifty thousand or over and comprising a single school district, to take the control and management of a college of iu'dicine and surgery and give other courses of higher education. [Act 109, P. A. H91I9.] Tin- /Vo/j/r of Uir ,S'/f//r of M icjiit/tl H nxirf : (.">-! (h SKCTIOX 1. The board of education of cities h a v- Authority ing a population of two hundred and tifty thousand or over Jjjjfjj and comprising a single school district may lake the control education. and management of any college of medicine and surgery in Ke cily and maintain and conduct the same, i. Ml SKC. l*. In connection with said college it may give coirsosof urses of instruction in dentistry, pharmacy, chemistry and lnstruotion - other similar courses of higher inst rurt ion such as are com- monly given in like institutions in the Fnited Stales. l-!> Si:c. :i. It may make a contract wit h any hospital, May contract either within or without the city, to facilitate and promote witb hos i )lt:l1 e inst ruction given to the students of said college. i r, (:; i s !:'. 4. It may combine the courses of said college combined f medicine and surgery with any other collegiate courses, it is. or may he authorized to give, and on their completion con fer such decrees and grant such diplomas as are usually con- ferred and Tan led bv other similar institutions in the United Stai. i~>lli SKC. r. It shall have the right in connection with May confer y college course, any university course, or any course j ,, Agrees, etc. iglier education, which it is or may be authorized to furnish, to confer honors and degrees and grant diplomas, conditioned iip>n attainments and completion of courses of instruction, equivalent in time, application and quality of study and in- struction, to those commonly required in like institutions in ie I'nited States. i.~iiri Si:c. <;. It shall have power in connection with any i)j s <-i]:im>, ollege course, or any course in higher education, which it is or may be authorized to furnish, to delegate to proper otlicer* the power to issue and enforce orders relative to the g,.n| government of said schools and the discipline and conduct of students, and it also shall have power to make rules and regu- lations relative to the hours of study, and the conduct of stu- dents hoth within and without said schools; relative to matriculation, tuition and expense Charges and anything whatever that may advance the interests of education, the good government and prosperity of said institutions and it may exercise these powers as fully and completely as if said institutions were privately owned and controlled. i.") hi i Si;c. 7. It may give to any college it is or may be Nameof ;:;; M :: uthorized to establish or maintain any name it desires, but cc 238 STATE OF MICHIGAN. 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 the public peace, health and safety. 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: Certain (547) SECTION 1. All proceedings -and actions taken and ?ai!dated. tc " 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 foir 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 wais 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 th<> public peace, health and safety. GENERAL SCHOOL LAWS. 239 ACQUISITION OF LANDS. ct to authorize boards of education to acquire and control lands for sites for school houses, agricultural sites, athletic fields and play-grounds, and to establish, equip and maintain trade and other vocational schools and to acquire lands for such purpose outside the district limits. [Act 222, P. A. lll.] The People of the State of Michigan i. "Vis i $ .V. i ;>:.'. SECTION 1. The board of education of -any Districts, to organized school district containing a population of one linn- applicable, dred thousand or more sha.ll have full power and authority to locate, purchase or lease, in tin 4 name of the district, such site or sites for schoolhouses, agricultural sites, athletic fields and playgrounds as may .be necessary out of the funds pro- vided for that purpose, and may make sale of any site or other property of the district which is no longer required for school purposes, and may also establish, equip and maintain May establish agricultural, trade and other vocational schools, and if deemed e necessary by such board may acquire land for such purpose outside the district limits. COUNTY SCHOOLS OF AGRICULTURE. ! tn Act to provide for the establishment of county schools of agricul- ture, manual training and domestic economy. [Act 35, P. A. 1007.] 77/r People of the State of Michigan enact: ">!.">:;. SECTION 1. The board of supervisors of put^of any county is hereby authorized to appropriate money for" the organization, equipment and maintenance of any county hool of agriculture, manual training and domestic economy: Provided. That upon petition of not less than ten per cent of Proviso, the qualitied electors of any county, said ten per cent shall 1 ' 1 be determined by the total number of votes cast for secre- tary of slate at' the last preceding November election, an 1 the board of supervisors shall submit the question of the es- tablishment of a county school of agriculture, manual train ing and domestic economy at a general election or a special election called for that purpose. If a majority of the elec- tors voting upon such proposition shall vote in favor of the establishment of such school, it shall be the duty of the board of supervisors to provide for the organization, equipment and maintenance of such school as in this act provided. When- To i^ue ever the board of supervisors of the county shall by a two- thirds vote of all members elect, resolve to contract indebted- 240 STATE OP MICHIGAN. to electors. County school board created, powers. Of whom composed. ness 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 gen- oral or special election to be called for that purpose. Notice Q f ^^ 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, tshall vote in favor thereof, it shall be deemed to have carried. The returns of the election here- in 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 re- sults in city, county .and district elections. The manner of stating the question upon the ballots shall be prescribed by the resolution of the board of supervisors. (550) 5954. SEC. 2. A board to be known as the coun- ty 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 scliools 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 member of the board shall be elected annually for the full term of four years from the date of the expiration of the term about to become vacant, but no member of the board of supervisors shall be eligible. Vacancies existing in the bo.ard from what- ever cause, except in the case of the county commissioner, shall be filled by appointment made by the chairman of the board of supervisors, if the board of supervisors is not in ses- sion 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 chair- man of the board of supervisors, as hereinbefore specified, sihall be for the period of time until the next regular, 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 impar- tially to discharge his duties as a member of said 'board, to the best of his ability, which oath shall be filed in the office of the county clerk. 'lie shall also, within the same time, file a bond in such sum as may be fixed by the board of supervi- sors, which bond shall be filed in the office of the county clerk. Within fifteen days, after the appointment of said board, the members thereof shall meet and organize by electing one of Vacancies, how filled. Oath, where filed. Bond. Organization of hoard. GENERAL SCHOOL LAWS. 241 1 ieir number as president. The county commissioner of s rhools shall be ex-ollicio secretary of the said board. The I >ard hereafter created shall prescribe the duties of the sev- ( al officers except as fixed by law. (551) 5!.V>. Sr.r. :!. Whenever two or more counties proceeding i nite in establishing such a school, the provisions of section 1 vo of this act shall apply to the organization of the county r -hool board, and to filling vacancies therein: Provided, ' hat the county commissioner of the county in which the : -ho-ol is located shall be a member of the board and ex-ollicio i ;s secretary; and two members *hall a Iso be elected from < ach county by the board of supervisors thereof, one for one ; ear and one for two years, and thereafter one member of the board shall be elected annually in each county for the lull term of two years, but no member of the county board < f supervisors shall be eligible. i .VU i $ .V.C)(;. Si:r. I. Whenever two or more counties County school >hall unite in establishing and maintaining a school under portion^*?" i he provisions of this act, the county school board herein pro- ^ enses - A ided shall, on or before the tirst day of October in each year, < etermine the amount of money necessary for the equipment .- nd maintenance of said school for the ensuing year, which MI id amount they shall apportion among the counties in pro- portion to the assessed valuation of each county as last fixed 1 y the state board of equalization and shall report their esti- 7 late and apportionment to the county clerk of each coun/ty, vho shall lay said report before the board of supervisors at its annual meeting. The amount so apportioned to each Tax levy. (ounty shall be levied by the board of supervisors of such MHinty, as a portion of the county tax for the ensuing year, lor the support of the said school. i :,.">:; i < .V.C)7. Si:r. .">. The county treasurer of the conn- Treasurer of ty in which said school is located shall be ex-ollicio treasurer b( of said board; all moneys appropriated and expended under Hie provisions of this act shall be expended by the county M-hool board and shall be paid by the said county treasurer on orders issued by said board or in counties having a board of county auditors, by such auditors, and all moneys received by said board shall be paid to the said county treasurer for ; he fund of the county school board. i.Vili .V.ir.x SEC. b*. In the county schools of agricul- Instruction nre and domestic economy organized under the provisions 1 " of this act, instruction shall be given in the elements of agri- culture including instruction concerning the soil, the plant /ife. and the animal life of the farm; in of farm ac- counts shall also be taught; instructions shall also be given cin manual training and domestic economy and such other related subjects as may be prescribed. i .V.r> i $ .VJ.V.i. Si: . 7. Kadi such school shall have con School to nected with it a tract of land suitable for purposes of experi- have l ent and demonstration, of not less than ten acres in area. 31 242 STATE OF MICHIGAN. School to be free. "Special Superintend- ent of public instruction, duty of. President agricultural college. Proviso as to superintend- ent of school. Schools, when placed upon approved list. Annual report. (556) 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 necessary. (557) 5961. SEC. 9. The state superintendent of pub- -lie instruction shall give such informaition 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 mot a graduate of a state college of agriculture. The state superintendent of public instruc- tion shall have the general supervision of all school's estab- lished under this act; shall from time to time inspect the same, make such recommendations relating to their manage- ment as he may deem necessary, and make such report there- on to said schools as shall give full information concerning their number, character and efficiency. (558) '5962. SEC. 10. Any school established under the provisions of this act, whose course of study and the quali- fications of whose teachers hiave been approved by the super- intendent of public instruction and the president of the Mich- igan state agricultural college, and which shall have expend- ed at least twenty thousand dollars in buildings and equip- ment, and shall have acquired title to at leant eighty acres of land to be used in connection with said 'school, may, upon ap- plication, 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 oif 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 such other matters as may be required by the county school board or the said superintendent. Upon .the receipt of suc'h report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight months during the year, closing on the thintie'th day of the GENERAL, SCHOOL LA\VS. 243 ] receding June, the said superintendent shall make a CCT- 1 ficate to that effect and file it with the auditor general. I }M)ii receiving such cert ilicate. the auditor general shall Amount < raw his warrant payable to the treasurer of the county druwn - i laintaining such school for a sum equal to two-thirds the ; mount actually expended for maintaining such school dur- i ig the year: Provided, That the total sum so apportioned Proviso. s rail not exceed four thousand dollars to any one school in ; ny one year: Provided further, That any such school receiv- Furth.-r i ig slate aid shall be free to the inhabitants of the state on l>r " > uch terms as may be provided by said hoard and the super- 5 iteiHlent of public instruction. When more ihan one county 1 as contributed to the support of the school, the auditor gen- < ral shall draw his warrant payable to ihe Measurer of each < onnty for such portion of the slate aid 'as the amount con- iributed by his county is part, of the total amount conlribut- id by all the counties for the support of the school for the preceding year. The auditor general shall annually, be- Tax clause. j inning in the year nineteen hundred thirteen, include and ; pportioii iii the stale tax such sum as shall have been so paid. IM'KAL AGRICULTURAL SCHOOLS. ii Act to provide for the establishment of rural agricultural schools by consolidating three or more rural school districts, and for the consolidating of three or more schools in any township district; for the organization of school districts in certain cases; for teaching agriculture, manual training and home economics therein, and pro- viding state aid for the maintenance thereof, (a) I [Act 22G. P. A. 1917.] The Pcoplr nj the N/r//r of Midi if/an i.V!h SECTION 1. Three or more rural schools which Estabiisb- uave been or may hereafter be consolidated and in which th c lnentof - caching of agriculture, manual training and home economics diall or may be established as part of the regular courses of e entitled to state aid for the maintenance thereof, if built, quipped, and managed as provided for in this act. (.".(JO) S !:<. L*. Such rural agricultural schools shall have site. I ffite of not less than live acres of ground except where the braining of such site is not feasible, in which case the super- intendent of public instruction may approve a smaller site, and shall have a corps of teachers consisting of one principal, or superintendent, and two or more teachers who are to teach during not less than nine months in any one year. Am. KHil, Act 97. ~ (a) Title Am. 11H9, Act Si : I'.rjl. A.-t 1T. 214 STATE OF MICHIGAN. Rural agricul- tural school, how estab- lished. Contiguous rural districts. When question submitted. When estab- lished. Petition for. Proviso. When con- solidation ef- fective. Special elec- tion, Wl It'll called. (561) iSEC. 3. Whenever tire county commissioner of schools shall 'be presented with petitions signed by twenty -five per cent of the legal school electors of each of three or more contiguous rural school districts to establish a rural agricul- tural school by consolidating the territory of said districts, the county commissioner of schools shall cause to be submit- ted the question of consolidating said territory to form a rural 'agricultural school by the consolidating of the territory of said rural school districts, or whenever the district board of any township school district deems it advisable to establish ia rural agricultural school within said township school dis- trict, it miay establish such school in said township school district by complying with the provisions of this act. Con- tiguous rural school districts shall be any group of rural school districts having continuous territory, but shall not be construed ,to include only those districts with one common point of contact. The question of establishing a rural agri- cultural school shall be submitted to the qualified school elec- tors at a special meeting jheld for such purpose, notice there- of being given not less than twenty days prior to the time of holding such meeting by posting three or more notices in each district affected. The polls shall be open at least seven hours, and the voting shall be by ballot. The county commissioner Of schools in the consolidating of rural school districts shall determine the form of ballot to be used and the hour at which the polls shall be open, w'hich hour shall be stated in the no- tice. If a majority of the qualified school electors present and voting at a special meeting shall vote in favor of the es- tablishing of a rural agricultural school, it shall be establish- ed by the county commissioner of schools as herein provided. When the school board of any township school district shall be presented with a petition or petitions signed by a majority of the legal school electors of said township school district, it shall establish a rural agricultural school. A township school district as used in this act shall mean any township school dis- trict operating under a special act, or the graded law as well as those operating under the general law: Provided, That if the school districts to be consolidated are located in more than one county, it shall be the duty of the county commissioners of schools of these counties to "designate one of their number to call the elections provided for in sections three and four of this act. In case the county commissioners of schools can- not agree as to which one of them sihall call the said elections, the superintendent of public instruction shall designate the county commissioner whose duty it shall be to call the elec- tions herein designated. The consolidation oif the rural dis- tricts Shall 'become effective whenever the county commis- sioner of schools shall receive notice of the affirmative vote of three or more contiguous rural school districts as herein provided. Whenever the county commissioner of schools shall be presented with petitions requiring the submission of the q lestion of GENERAL SCHOOL LAWS. 245 csiion of the establishing of a rural agricultural school as p -ovided in this section, he shall within twenty days cause t< be called a special election for all the school districts r< presented by such petition* for such purpose. He shall d -situate the place where the election shall be held for all the <1 sfricts voting as a unit and prepare ami have printed the n jcessary ballots, lie shall designate one of the township 1 >anls of the township in whidi the territory is situated to c induct said election, and if shall be tihe duty of said town- s ip board to conduct such election. The conducting of the conduct of. e ection and the canvass of the votes except as herein pro- v ded shall be in the same manner as at township elections, as far as the laws governing the same are applicable, and v hen said laws are not applicable the township board shall 1 Describe the manner in which such election shall be con- n-ted and the canvass made. The result of said election Result, how s lall be certitied by said election board to the county com- c i issioner of schools herein designated. The township board lidation. It shall be the duty of the director or secretary of the school boa i-d of said districts to draw an order upon tiie treasurer of his district in favor of the person or persons designated by said township board for the amount to be paid 1 y his school district as deiermined by said township board, and it shall be the duty of fhe moderator to sign such order iind the treasurer to pay the same. A majority vote of the ( ualilied school electors present and voting as a unit of all the districts that tiled petitions signed by -at least twenty-five per centum of the legal voters shall be necessary to authorize the establishment of a rural agricultural school. Whenever the county commissioner of schools is presented with a peti- tion or petitions requesting him to submit to the legal school Hectors the question of establishing a rural agricultural >chool, he shall refer to the superintendent of public instruc- tion for his opinion as to the advisability of uniting all of jiaid territory into one rural agricultural school district. The superintendent of public instruction shall hiave authority to confirm the action of the several contiguous rural districts in 1'orming the proposed rural agricultural school, or he may re- quire that one or more of such districts be not included in the ijroup to form a rural agricultural school. His action in the matter shall be linal: Provided. That in voting to form a proviso, ural agricultural school district in which one or more graded districts of twelve' grades is to be included as a part jchool disti 246 STATE OF MICHIGAN. Election, who to conduct. of the unit, the rural school district or districts, which in- cludes said graded school district or districts, shall vote separately and all other territory to be included in the rural agricultural school district shall vote separately but as one unit. The school board shall conduct the election in the school 'district containing the graded school district; and the towns/hip board designated by the county school commission- er, as 'herein provided, shall conduct the election for the por- tion of the territory outside of the rural district or districts which include said graded school district. The election in the school district including the graded school district or dis- tricts and the election in that portion of the territory outside of the rural district including said graded school district sihiall be held on the same day and during the same hours . The result of said elections shall be certified by the election boards conducting the same to the county commissioner of schools herein designated. The affirmative vote of a majority of the legal school electors present and voting of each election unit shall be necessary to authorize the establishment of the rural agricultural school : Provided, Whenever the township school board of a township school district shall proceed to establish a rural agricultural school as provided in this act, the rural agricultural school so established in a township school district shall be a part of the school system of said township district: Provided, Any rural school district ad- joining a rural agricultural school district by a majority vote of the qualified school electors' present and voting in each dis- trict affected at any annual or special meeting called for the purpose may be annexed to the said rural agricultural dis- trict by the township board or township boards of the town- ship or townships in which said territory lies. Such annexa- tion shall not operate to affect the legal organization of said rural agricultural school district. It shall be the duty of iihe school board of each district concerned to file within ten days ia certified 'statement of the affirmative vote for annexation with the township clerk of the township in which the school- house of said .rural school district is located. The said town- ship clerk shall, within twenty days after receiving the certi- fied statements from both districts, call a meeting of the town'ship 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 territory of said rural district to the territory of said rural agricultural district: Provided, That the question of establishing a town'ship unit district embrac- ing all or a part of the territory in a rural agricultural school district shall not be submitted until the rural agricultural school district has elected its board of education and the board has qualified and elected its officers : Provided further, That whenever any rural agricultural school district has been or- ganized as provided in this act and said rural agricultural Result, how certified. Proviso. Proviso, annexation. Proviso. Further pro- viso, dis- bandment. GENERAL SCHOOL LAWS. 6< tiool district lias complied with the provisions of this act f< r a period of live years, or longer, the qualified school elec- t< PS of said school district shall have the right. ly presenting tl e trustees with a petition signed l>y a majority of the legal S< hool electors, to disband such school district in the same IT inner as that provided in section six of chapter ten of act n imber one hundred sixty-four of the public acts of eighteen li indred eighty-one, being section tive thousand seven hundred r irty-nine of the compiled laws of nineteen hundred fifteen: I* wided, That schoo 1 electors as mentioned in this act shall Proviso. ii elude every citizen of the United States of the age of twenty- ie years, male or female, who are residents of the district, u id who shall possess the qnalitica t ions required of school e ectors under the general school laws. Am. Id. (562) SEC. 4. Whenever the consolidation of three or District eiec- n ore contiguous rural school districts becomes effective as held'. w P -ovided in section three, the county commissioner of schools d signated in section three shall call a district election for the second Monday in July following by posting notices at 1< ast ten days prior thereto, and at least one notice in each dis- t; ict affected, in three of the most public places in the terri- tory which is consolidated: Provided, That the county com- Proviso. n issioner of schools may if he deems advisable call such elec- tion at any time previous to the annual meeting. The elec- tors at the election called by the county commissioner of schools shall have authority to do all those things that may n >w be done by the legal school electors at the first meeting of a school district except such as may -be inconsistent with t:his act. At such election a board of education of five trus- Trustees tees for the rural agricultural school district shall be elected el by ballot by the qualified school electors of such rural agri- < iltural district, one trustee for one ytfar, two for two years, a 'id two for three years ami annually thereafter a successor O? successors ;,, the member or members whose term of office sliall expire. The term of office of trustee after the first elec- Term of 1'on shall be three years. The qualifications for office hold- C ing shall be the same as those provided in the general school laws for members of the board of primary districts. Within Affiy the c weri la vs of this state, all the general provisions of which relating to primary schools shall a]|)ly and be in iforce in said district - e>cept such as shall he inconsistent with the provisions of this a. (. Am. Id. i .">(;.") i Si:<\ 7. liiiral agricultural school buildings shall gchooijbuiid- IM connnunity centers and he available to residents of the dis- for meeting's. ti jet or township for meet ings after school hours or when Si hool is not in session, and the hoard of education shall g- ant the use 1 hereof providing such meetings are not held fi r political or religions purposes. A janitor shall be engaged f< r the entire year to care for buildings and grounds during school hours and when public meetings are held. I .VW i Si:r. S. Plans for rural agricultural school build- Plans, ii gs shall be approved by the superintendent of public in- 8 si -net ion. They shall be properly heated and ventilated', have ai ample water supply, toilets with proper sewerage, a library ai d suitable equipment and apparatus for the teaching of agricultures manual training and home economics. 1921, Act 97. * 7) Si:c. !). The board of education shall provide a Tranaporta- si ilicient number of vehicles for the transportation of pupils puptS fr >m and to their Intuits ami shall designate the routes over w lich such vehicles are to travel : Provided, That the school Proviso. b< ard shall not be compelled to transport pupils who live with- in one mile of the consolidated schoolhouse. Such vehicles si all be of ample capacity, shall be enclosed to keep out the n in or snow and be provide.! with robes and foot warmers during cold weather. In case less than six pupils reside on 01 near any one route, such pupils may be boarded by consent ol the parent or guardian at some convenient place if the cost is less than the cost of transportation: Provided. That the Proviso. si perintendent of pubic instruction shall have authority up- on investigation by himself or some one designated by him, l< review, confirm, set aside, or amend the action, order, or decision of the board of education wiili reference to the routes o\er which pupils shall be transported, the distance they si all be required to walk, the boarding of the pupils, and the si liability and number of the veliicbs and equipment for the transportation of the pupils. Whenever ten or more qualified Appeal from school electors of any rural agricultural district shall fed onboard* 1 tl emselves aggrieved by any action, order, or decision Of the board of education with reference to rhe. transportation or boarding of pupils, to the location of any site: or the granting of permission to alter the boundaries of said district as pro- vided in section the thousand seven hundred thirty-seven of 250 STATE OF MICHIGAN. the compiled law of nineteen hundred fifteen, as amended, they may at any time within ninety days from such action, order or decision of said board of education appeal to the sup- erintendent of public instruction, and notice of such appeal shall be filed with the 'secretary of said board of education. The superintendent O'f public instruction, upon the receipt of such appeal, shall have the power to entertain such appeal. Hearing. Said superintendent of public instruction may visit the lo- cality, or appoint 'some one to visit it, and he or his appointee may give a hearing at some place within the county where the schoolhouse of such district is located. After such in- vestigation, the superintendent of public instruction shall have authority to review, confirm, set aside, or amend such action, order, or decision of -said board of education. His de- cision in the matter named in this proviso shall be final. Am. Id. Teachers in home economics, (568) SEC. 10. Teachers in home economics shall have teachers' certificates and be graduates of, or have taken a suf- quaiifications. fi c j eil t Bourse in college or normal school, where science in home economics is taught, and be qualified to teach home economics as determined by such tests as may be required by the superintendent of public instruction. Am. 1919, Act 81. ^ (569) SEC. 11. Teachers of agriculture and teachers of qalifications', 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 wS'rthool 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. Principal, etc., quali- fications of. Class (b). (570) SEC. 12. The principal or superintendent provided in section two of this act shall be the holder of at least a state life certificate or a state normal school diploma or shall have educational qualifications equivalent thereto. Said principal or superintendent shall have all the powers and duties con- ferred upon the superintendent of schools in section three of the graded school act, except in township unit districts em- ploying a superintendent of schools. Am. 1919, Act 81 ; 1921, Act 97. (571) 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 hav- ing 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 year's in such college or normal school GENERAL SCHOOL LAWS. 251 a; (1 is qualified to teach agriculture and manual training. D iring the two months when school is not in session, he shall si pervise boys' and girls' Hub work as carried on by the U lited States department of agriculture in co-operation with Hi 2 Michigan agricultural college; he shall assist in supervis ii: * farm demonstrations winch may be carried on in his dis- ti ct and he shall give such assistance and advice as may be r [iiii-ed by farmers in such districts. (572) SEC. 14. As state aid to assist in the maintenance state aid for 01 rural agricultural schools, each of such schools shall be ei titled to receive four hundred dollars a year for each vehicle u ed for the transportation of pupils. In addition thereto si ch schools shall be entitled to receive the sum of one thous- a d dollars a year. Am. 1921, Act 97. (573) SEC. 15. Whenever rural agricultural schools are b lilt and equipped and qualified teachers are engaged as specified in this act, the president 'and 'secretary of the board o education having control of such schools, shall notify the superintendent of public instruction, specifying the location < said schools, the number of rooms contained therein and tl.e equipment thereof, the number of acres of land connect- ed therewith and in possession of the township or consolidat- ed district, the number of teachers engaged and their respec- tive qualifications, the number of school months for which s; id teachers and principal have been engaged, the barns and k nds of livestock, if any, and the number of vehicles engaged for the transportation of pupils. i.~>74) SEC. 16. Within thirty days 'after receiving the inspection n>tice mentioned in section fifteen, the superintendent -of pub- l lie instruction shall satisfy himself that such rural agricul- tural school has boon erected and equipped as provided for in this act. If unable to inspect said school, he shall request such inspection to bo made within sa'ul thirty days by the com mi s- s onor of schools of tho county in which said rural agricultur- al school is located, and ho shall (hereupon send to the audi- tor general a copy of the aforesaid not let- with his end mont, showing that said rural agricultural school has been built and equipped as provided for in this act, and that such township or consolidated district is entitled to receive the slate aid specified and as mentioned in section fourteen of act. - Act 97. (57."ii Si:.-. IT. The annual amount which any rural agricultural school may bo entitled to shall bo paid yearly mi cr before .Juno thirtieth to the treasurer of the board of edii ration of the district or township in which said rural agricul- tural school is located. 252 STATE OF MICHIGAN. Tax clause. Report to legislature, what to contain. Rural dis- trict, what to include. Proviso, consolidation. (576) SEC. 18. The auditor general shall incorporate in the state tax for the year nineteen hundred twenty-one, and each yeair thereafter such sum or sums as the legislature of the state of Michigan shall appropriate, which sums, when collected, shall be used for the purpose of carrying out the provisions of this act. Am. Id. (577) 'SEC. 19. The superintendent of public instruction shall hereafter send rto the legislature a statement showing the number and location of rural agricultural schools receiv- ing 'state aid, the total amount of such state aid and the num- !ber and location of rural agricultural schools applying for and not yet 'receiving such state aid. Am. Id. (578) SEC. 20. Rural school district as used in this act shall Include any [primary or graded school district that does not contain within its limits an incorporated village or city having a population exceeding two thousand: Provided, That rural schools, as defined in this act, adjacent to any city or village having a (population of more than two thousand may consolidate by petition signed by a majority of the legal school electors under the provisions of fthis act with such city or village, and such consolidated school (resulting therefrom ^h'all be governed by the provisions of this act including the transportation of pupils and the teaching of agriculture, manual training and home economics, but it shall not be en- titled to state aid as provided herein. Added 1919, Act 81; Am. 1921', Act 97. Authority to cooperate. May tax. An Act to promote the agricultural interests of the various counties of this state and to repeal acj; 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. 1&1I9.] The People of the $.tate of Michigan, enact: (579) 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 a hoard may appoint a county agricultural agent and n- Sii *y assistants, whose duty it s'liall he to aid in carrying out t! purpose of this act. The compensation and expenses of ai jr person so employed, or such portion thereof as shall un- d- r the terms of any agreement between the county and the V chigan a gri cultural college or any department or bureau o the federal government, be payable by the county, shall be ti ed and provided for by the board. '1 repeals act number three of the public acts of nineteen hundred tv -Ive, second extra session, entitled "An act to authorize the board of super- vi ors of each county to appropriate or raise money by tax for the encourage- m at of improved methods of farm management and practical instruction and dt mmstraticin in agriculture," and act number sixty-seven of the public acts of nineteen hundred thirtren, entitled "An act to authorize and regulate a c< inty agricultural department." :; di'ciap's this act to be immediately necessary for the public peace, h< ilth and safety. A i 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 cf acts supplementary thereto, and the United States depart- ment of a^ru-ulture," and designating the officer to whom the pay- nts are to be made. [Act 05, P. A. 1G15.] Tin- l*1 of any approved public school, department, part time or ec ev ming class giving instruction in agricultural, industrial or IK me economics subjects, which receive the benefit of federal ai d state moneys as herein provided, shall provide suitable biildings and equipment in order to give such instruction; aid shall also appropriate for Hie salaries of instructors aExpensefor si in of money sullirient to cover the expense for instruction ic di ring the year. At the end of the fiscal year the state Apportion- b< a rd of control for vocational education shall apportion JSnds. to the several boards of education, or boards of control of sciools maintaining approved departments for vocational edu- cation as herein described, the state and federal funds by way ^f reimbursements for expenditures for instruction, giving to each school its proportionate share: Provided, Tha-t no school Proviso, shall receive a larger amount than three-fourths of the sum ni w licli has been expended for the particular type of education for which it received state and federal funds. The institu- institutions ti>ns authorized to give training for vocational teachers shall roonSN't!-. provide suitable rooms and equipment, and appropriate sutli ci?nt funds to pay instructors and supervisors during the year, and at the end of the year such institutions shall be reimbursed from federal and state 1 funds, equally. There is Amount, hereby authorized to be appropriated and paid from the state 81 treasury to the several schools giving vocational instruction under the provisions of this act, and for their supervision, a sum of money equal to one-half the federal allotment: and tl ere is hereby further authorized to be apportioned and paid fiom the st;ite treasury to the several institutions engaged ir the training of teachers <{' vocational subjects a sum equal t( the allotment of federal moneys as provided in said act. (587) SEC. C. The state board of control for vocational Rules and education shall formulate such rules and regulations as may n bo necessary for the development and operation of such voca- tional schools, and for the training of teachers as are pro- v (led for in said act. subject to the approval of the federal iboard of control. All disbursements of state and federal nwnn.-.-- ir.oney under the provisions of this act shall be made a nun- r 4J56 STATE OF MICHIGAN. Annual report. Inspection of work. Certification of amounts due. How paid. Estimate furnished auditor general. Annual ex- amination of records, etc. Annual re- port to gov- ernor, etc. ally on or before the tenth day of July in each year. The board of education or board of control of any school where vocational instruction is given under the provisions of this act; also boards of control of institutions giving vocational teacher training, as herein provided, shall make an annual report to the state superintendent of public instruction at such time and in such form as he may require. (588) SEC. 7. The state board of control for vocational education shall provide for the proper inspection of the work in the schools- and institutions which operate under the pro- visions of this act. And upon the approval of the work done and the receipt of satisfactory reports from each school or institution, /the said state superintendent of public instruc- tion shall -certify to the auditor general the amount of such state and federal moneys due to each board of education, or board of control of any school maintaining a vocational school or department, and to the board of control of each institution engaged in the training of teachers of vocational subjects according to the provisions of this act. The auditor general shall, upon such certificate of the superintendent of public instruction, 'draw his warrant upon the state treasurer for the amount of said moneys due to each school district or institution and payable to the treasurer of such board of education or of the board of control of such institution, and 'the said amounts shall be forwarded to said treasurers. (589) SEC. 8. It shall be the duty of the state board of control for vocational education to "estimate the amount of money which should be appropriated by the state to meet federal allotments during each succeeding biennial period, and when the state board of control shall have estimated the amount of money necessary to meet the federal appropria- tions, they shall report said estimate to the auditor general, who shall include the said amount of money in the state tax levy for each year as reported to the state legislature. (590) ; SEC. 9. At the close of each fiscal year the state board of control for vocational education shall examine the records and reports from all schools giving vocational instruc- tion, and from institutions engaged in the training of voca- tional teachers; and shall apportion funds from the federal government and from the state treasury in accordance with plans approved by the federal board of control, and in accord- ance with the provisions of this act, and of the said federal act. (591) SEC. 10. The state board of control for vocational education shall make an annual report to the governor and to the legislature in regard to the administration of this act, and of the federal act herein mentioned, and said report shall contain an explicit statement of the expenditures of all moneys, both federal and state, for the purposes mentioned in this act. 'Sec. 11 repeals all acts and parts of acts contravening the provisions of this act. GENERAL SCHOOL LAWS. 257 VOCATIONAL. ETC., KhKOATION FOR CERTAIN MINORS. A i Act to provide for the vocational, agricultural and general educa- tion of employed and other minors under seventeen years of age who have ceased to attend all-day schools, (a) [Act 421, P. A. 1919.] Tin- 7Vo/>/r of the Mate of Michigan enact: i -Vi-) SECTION 1. On and after the first day of September, 11 neteen hundred twenty, every school district having a popu- schoois,etc. 1, lion of live thousand or more and containing fifty or more c .ildren subject to the provisions of this act, shall, and any o her school district may. through its board of education, es- t; blisli and maintain part-time vocational, agricultural or gen- e al continuation schools or course of instruction for the elucation of minors under seventeen years of age who have cased to at lend all day schools. Said schools or courses 1 of ii struct ion shall lie in session at least as many weeks in e. ch year as the common schools of such district. When a who required s hool district shall have established said schools or courses to att( it shall require the attendance thereat of every unmarried n inor under seven teen years of age residing or employed within the conlines of said school district, who has ceased t< attend all day school and who has not completed two years ^ Of' a four year high school course or its equivalent: Pro- Proviso, who v ded. That said minors may be excused from the provisions excused - o thifi section by the superintendent of schools in case they a 'e physically unable to attend school or would by reason < part time school attendance -be deprived of wages essential to their support or that of their family: Provided further, Further pro- That the provisions of this act. shall not apply to minors vl80 ' m who shall have readied the age of sixteen years prior to S-3ptember one. nineteen hundred twenty. The required at- tendance provided for in this act shall be at the rate of not 1< ss than eight hours per week, four hours of which may con- s st of supervised instruction given under working condi- t'ons provided sndi instruction meets the approval of the s iperintendent of schools and the state board of control for v M-ational education. It shall be the duty of the local school b >ard to determine the hours of session of part time schools < established under this act as shall best suit local conditions and school administration. In the establishment and con- Quarters, etc., duct of such part-time vocational, agricultural and general 11 continuation schools or courses of instruction, any school district shall take advantage of any established educational \ agencies, or utilize adequate and suitable quarters now exist- ing: Provided, however. That said schools or courses shall Proviso,^ be within reasonable access to the place of employment and, * (a) Title am. 1931, (1st ex. sess.). Act 15. 33 258 STATE OF MICHIGAN. wherever established, shall be considered a part of the public school system of the district wherein the minors attending the same are employed or reside. Am. 1921, (1st ex. sess.), Act 15. Minors em- ployed, etc. Proviso. When em- ployer to cease to em- ploy minor. Penalty. Attendance compelled. (593) SEC. 2. Minors sixteen years of age, leaving regu- lar day schools to enter employment, and the employers of such minors shall foe subject to the same requirements as to permits to work as are provided by law for children under sixteen years of age and their employers: Provided, That permits for minors sixteen years of age and over shall not certify that the wages of the minor are essential to the sup- port of the family. Am. Id. (594) SEC. 3. The employer of any minor under seventeen years of age, who is required to attend part-time vocational, agricultural or general continuation school or courses of in- struction as defined in this act, shall cease forthwith to em- ploy such minor when notified in writing by the superinten- dent of schools, or his representative duly authorized in writ- ing, having jurisdiction over such minor's attendance, of his non-attendance in accordance with the 'regulations as defined in this act. Any employer who fails to comply with the pro- visions of this act shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than ten or more than one hundred dollars or by imprisonment for not less than ten or more than ninety days or by both such fine and imprisonment in the discretion of the court. The superintendent of schools having jurisdiction, or a person authorized by him in writing, may revoke the permit of any minor who fails to attend such school or courses of instruc- tion when required by the provisions of this aict. Am. Id. (595) SEC. 4. Every parent, guardian, or other person in parental relation to any minor required under section one of this act to attend special part-time Classes, shall be requir- ed to send such minor, child, or children to such part-time classes when established, and in case any parent, guardian, or other person in parental relation to such minor shall fail to comply with the provisions of this act, the truant officer of the district or city shall proceed to compel attendance of such minor, child, or children in the same manner as is provided for in the case of truants under the provisions of act number two hundred of the public acts of nineteen hundred five, as amended, and the penalties therein provided against parent and 'child shall apply. Added 1921, (1st ex. sess.), Act 15. I GENERAL SCHOOL LAWS. 259 DAY SCHOOLS FOR THE DEAF. A i Act authorizing school district boards, boards of trustees of graded schools and boards of education in cities to establish and maintain day schools for the deaf, and authorizing payment therefor from the general fund, and repealing act number one hundred seventy-six of the public acts of eighteen hundred ninety-nine and all other acts or parts of acts conflicting with the provisions of this act. [Act 224. P. A. 1005.] The People of the &.tate of Mich it/an- enact: (596) 5963. SECTION 1. That upon application by a s hool district board, board of trustees of a graded school, when'estab- o board of education of any city of this state to the super- l i] tendent of public instruction, he shall grant permission to 6 ich board to establish and maintain, and such board shall thereupon be empowered to maintain within the limits of its jurisdiction one or more day schools having an average at- t ndance of not less than three pupils, for the instruction of d saf persons over the age of three years, whose parents or giardians in the ca'se of orphans are residents of the state of } ichigan. (597) otMil. Si:c. 2. Any board which shall maintain Report to ,1 ,. . ,1 -, - , 11 superintend- o ie of more day schools for the instruction of the deaf shall ent of public report to the superintendent of public instruction annually, in a id at such other times as he may direct, such facts concern- ing the school or schools as he may require. (598) r>!Mr>. SEC. 3. The board of education of the Annual City or district where a day school for the deaf is established shall include in its annual budget a sutlicient sum to main- tain said school and out of said sum shall pay said teachers n onthly. To reimburse said city nue part of such work which he shall specify dn his notice t nd that he relies upon the security of the bond by this act i squired to be given by the principal contractor, and that in t le case of the giving of such notice to the said board of < Ulcers or agents said subcontractor shall also notify the \ rincipal contractor that he has done so, and whenever this when en- > iall have, been done, the said subcontractor shall be entitled, benefit^ h abject to the rights of the persons with whom he has con- security. etc - t ['acted for laibor and materials, to the (benefit of the security . iven by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or fur- i ished materials for such building, repairs or ornamentation, vliom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished i uiterials 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 v liich may have been made between the principal contractor 5 nd the subcontractor, except when such contract shall at- tempt to relieve the principal contractor as against the de- i lands of those performing labor or furnishing materials to the subcontractor. People v. Traves. 188/423. One who takes a contract unilor the original contract, and is to perform ii accordance with the original < ontva-.'t, is a subcontractor, ;iml, in order to recover under the statutory bond, he must comply with the statute in giving tbe proper notice. People v. Valley Mantel & Tile Co., 200/554. (G04) 14820. SEC. 3. Such bond gfliall be executed by Bond, to Mich contractor jo the, people of the state, of Michigan in such 'amount: and with such sureli ,all be approved by the board of oilicers or agents acting on behalf of the state, coun- 1y, city, village, township, or school district as aforesaid, and shall he conditioned for the payment by such contractor to any subcontractor or by any such contractor or subcon- tractor as the same may become due and payable of all indebt- edness which may arise from said contractor to a subcon- tractor or party performing labor or furnishing materials, or any subcontractor to any person, linn or corporation on ac- count of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, im- 262 STATE OF MICHIGAN. Proviso. Recovery to be had on bond. Proviso. Further proviso. provetment or works : Provided, -however, That the principal contractor shall not l>e required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the re- ceipt or the written orders of such parties to pay the sums due to them to subcontractors. Such bond sliall be deposited with and held by isuch board of officers or agents for the u'se of any party interested therein. 'Sureties on a bond given for the benefit 6t laborers find matorialmeu can- not avoid liability by showing a failure of the municipal authorities to approve the bond. People v. Carroll, 151/233. People v. Traves, 188/410. (605) 14830. SEC. 4. 'Such bond may be prosecuted and a recovery bad by any person, firm or corporation to whom any money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, however, That in the case of a suit for the benefit of a sub- contractor, he shall be required to allege and prove that he hais paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by 'him: And provided further, That in no Case brought under the provi- sions of this act shall the people of this state be liable for costs. People v. Traves, 188/426. CITIES OF FOURTH CLASS. Single school district. Powers of. Proviso, reincorpor- ated cities and villages. An Act to provide for the incorporation of cities of the fourth class. [Extracts from Act 2ll'5, P. A. 1895, Chap. XXXII.] (60G) 3262. SECTION 1. Each city incorporated under this a i cit ishall constitute a single school district. Such school district shall be a body corporate, by the name and style of the "public schools of the city of " (naming the city) and shall possess the usual powers of corporations for public purposes ; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and personal property as is authorized to be purchased, acquired or dis- posed of by 'this chapter: Provided, That if in any village reincorporated as a city or any city reincorpoirated under and made subject to the provisions of this act, there shall be a school district extending beyond the city limits, or having a special charter, then such school district not to be governed 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 isame as if such city or village had not been GENERAL SCHOOL LAWS. 263 i eincorporated : Provided, That in school districts extending Proviso, 1 eyond the city limits or having a special charter, the secre- 5Srter. i any of such school dlistrict shall certify to the various super- isors of said city and townships the proportionate amount < f school taxes to be assessed against property in the various v'ards and townships, according to the assessed valuation hereof, and the same shall be levied, collected and returned n the same manner as is (provided for the levy, collection and eturn of school taxes in the remainder of said district lying vithout the limits of said city. Am. 1919, Act 68. Act 279 of 19O9, sec. 4. as amended, ( S3O7, C. L. 191'5) known as the Home Rule" act, In paragraph (f), providing "for the establishment of any .epartment" deemed "necessary for the general welfare of the city," expressly xcepta "public schools." A municipal corporation may receive and hold personal property in trust or educational purposes. Hatheway v. Sackett, 32/97. Also for library pur- oses. Maynard v. Woodard, 3t>/423. Exercise of the veto power by the president of the Bay City school board. jichtig v. Saginaw Circuit Judge, 180/067. (607) 326?. SEC. 2. The 'board of education of such Board of public schools shall consist of six trustees, who shall 'be quali- 11 ' f tied 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 Annual act two trustees shall be elected for the term of one year, two el 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 Term of be elected for a term of three years from and after the second Ol Monday of July of the year when elected and until their suc- cessors are qualified and enter upon the duties of their offices. (608) 3264. SEC. 3. Such annual election of school school tnistf*power in maintaining and enforcing order and obedience o its lawful commands at such elections and during the anvass of the votes as are conferred by the general laws of he state upon school officers in similar cases: Provided, Proviso, lowever, That electors shall cast their votes at the polling pikce? dace in the ward in which they reside if ihere be a polling >lace in such ward, and if no polling place is provided or leld in such ward then the board of education of the said city jh-all designate the polling places where the voters of such A -a rd having no polling place shall vote, and in such event the >oard of education shall name in the notice of election the -aid polling places. AIM. 1917, Act 10. (610) 3266. SEC. 5. The board of inspectors of each inspectors, 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 ait such elec- tion, open for inspection by any citizen ; it shall also have the right of access to the registration books of the several polling 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. (611) 3267. SEC. 6. When said polls shall be finally Canvass, 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 Report to 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 east for each person, which shall be filed with the secretary of the -board of education. The person or per- sons who shall have received the highest number of votes for such ollice of trustee for the several terms designated upon the ballot shall be declared elected by the board of trustees without delay, and if two or more persons shall have received an eijiial number of votes where only one trustee is to be elected, the said board of trustees shall choose one of said ersons by lot as such trustee. The ballots shall, when the Ballots, dis- te shalf have been declared, be returned to the boxes and p( pe 5 266 STATE OF MICHIGAN. the boxes be lacked and sealed and deposited with the secre- Oath of office, tary at the time of the filing of said statement. Each person so declared elected to the office of school trustee under the provisions of this act shall, within five days after he has been declared elected, qualify by taking and subscribing the re- quired oath of office and filing the same with the secretary of the board of education. SCHOOL SITES. An Act authorizing the commissioner of the state land office to sell sites to school districts, churches and cemetery associations from lands held by the state as tax homestead lands. [Act 2213. P. A. 19O9.] The People of the State of Michigan enact: (612) 4167. SECTION 1. The commissioner of the state commis'soner land office is hereby authorized to sell sites to school districts, churches and cemetery associations from any lands held by the state of Michigan as tax homestead lands, at such price as shall be fixed by the said commissioner. The application for the purchase of such sites shall be made by the proper officers of the school district, or the trustees of the church or cemetery association,, upon blanks prepared and furnished by the said commissioner for that purpose: Provided, That the said commissioner shall not sell for any such purpose any land in excess of the amount which may be necessary for the use of any such school district, church or cemetery asso- ciation : Provided further, That any land so sold shall be used solely for the above purposes, and when same ceases to be used for such purpose, it shall revert to the state of Mich- igan. Act 270 of 1913 ( '567, C. L. 1915) abolished the office of commissioner of the state land office and transferred his duties to the public -loauiin com- mission (department of conservation) and the superintendent of public instruc- tion. may sen. Application. Proviso. Further proviso, use. DESIGNATING SITES OUTSIDE OF DISTRICT. Sites outside of district. An Act to designate school sites outside of the boundaries of school districts having a population of twenty thousand or over, and to pro- vide funds for the purchase, improvement, and use of the same. [Act 65, P. A. The People of the State of Michigan enact: (613) SECTION 1. The qualified school electors of any school district having a population of twenty thousand or GENERAL SCHOOL LAWS. 267 lore, when lawfully assembled at an annual or special meet- ag. may designate outside of the boundaries of their school istrict by a majority vote of those present such number of ites as may be desired for schoolhoiises and other school mrposes. and may change the same by a similar vote at any nnual or special meeting, or by the same vote may enlarge ny existing site already acquired outside of the boundaries f the district. Whenever the question of designating a school Notice of ite or sites, or of changing or enlarging said school site or m ites is to be brought before a school meeting, the notice of aid meeting shall state the intention to vote upon such inestion:' Provided, That in any school district having a Proviso. >opulation of twenty thousand or over in which the board of duration, by its special charter, is given authority to desig- iate, procure, and purchase sites, the board of education shall lave the same authority, rights, and duties in designating, mHMiring, purchasing, maintaining, improving, using, and my other authority, right, or duty relative to a site or sites >r other school property that it would have if said site or n-operty were within the boundaries of said district. When- jver a site or sites as herein provided shall be designated, leiermined, established or enlarged in the manner herein >rovided for, and the board of education of said district shall >e unable to agree with the owner or owners of such site ipon the compensation to be paid therefor, or for the land to nlarge ilie same, or in case such board of education of such 1 istrict shall by reason of any imperfection in the title to said >ite or land to be added thereto, arising either from a break in the chain of title, tax sale, mortgages, levies or any other a use, be unable to procure a perfect unencumbered title in fee simple to said site or land for the enlargement thereof, the board of education of said district shall have the authority to condemn the same as provided in sections five thousand seven hundred seventeen to five thousand seven hundred thirty of the compiled laws of nineteen hundred fifteen. i (114) SEC. 2. Whenever a site or sites has been designated May vote as provided in this act the legal voters or the board of educa- l tion of the district designating the site shall have the same authority to vote a tax relative to the purchase, improvement, and use of said site as they or it would have if said site were located within the boundaries of said district. B 'l'-.!;m-s this act to be immediately necossnrv t'tr the public | ho:iltli n nd safety. 268 STA/TE OF MICHIGAN. APPROVAL OF PLANS FOR SCHOOL BUILDINGS. Plans to be submitted to superintend- ent of public instruction. Approval. Proviso, inspection during con- struction. Condemna- tion of schoolhouse. Notice to board of education. When super- intendent may close buildings. Proviso, plac- ing in safe condition. Proviso, vacation of order to close. 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 117, P. A. 1015.] The People of the State of Michigan enact: (615) 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. (GIG) 5875. SEC. 2. The superintendent of public in- struction shall have authority to inspect ami condemni srhool- houses. After an inspection of a school-house, if in the Judg- ment of the said superintendent oif public instruction sucli 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 ibui'lding is located, said notice to be given at least six months preced ing the first day of August. On the finst diy of August foUowing (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, OT a part thereof, and such building, OT 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 S'uch building, or part 'thereof, has been closed for public use -said superintendent of public instruc- tion 'shall be authorized and he is hereby (required to have such building, or part thereof, placed in a safe and sanitary condition at the expense of the district: Provided, That any district board or board of education, ibeiiig dissatisfied with (a) Title am. 1910, Act 139. GENERAL SCHOOL LAWS. he order of the superintendent of public instruction deter- nining such school-hoiiM> to be in jin unsafe <>r insanitary niidition. in;iy within thirty S7C>. Si:r. :'. No tax voted by a district meet- Tax not to be ig. or other competent authority in any such school district \ceed ing the sum of three hundred dollars for building pur- shall be expended by the district board or board of dncation of such district unchoo!li(Mise of this state, until the plans and specifications for the same shall have been submitted to the superintendent >f public instruction and his approval endorsed thereon. The ventilation, plans and specifications shall make provision for ventilation either as a part of or in connection wlith the heating system and shall be submitted in duplicate to the superintendent of public instruction. Added 19 19, Act 139. (01!) i Si;r. r>. It. shall be unlawful for any officer, board, unlawful to < -oin mil tee. architect, builder, civil engineer, plumber, carpeii- approved 1 ter, mason, contracior. subcontractor, foreman,- or employe p ^ an> etc * to vary from pbms and specilicafions approved by the super- intendent of public instruction without his written consent, or otherwise violate, or B&OBl in violating any of the pro- visions contained in this act. Any person, board, firm, or Penalty. corporation, who violates any of the provi>inns of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a line not to exceed one hundred dollais or imprisonment in the county jail for a j>eriod of not to exceed thirty days, either or both in the discretion of the court. Added Id. 270 STATE OF MICHIGAN. Bonds, ex- empt from taxation. SCHOOL BONDS. An Act to exempt from taxation bonds hereafter issued by any county, township, city, village or school district within the state of Michigan. [Act 88, P. A. 1909.] The People of the State of Michigan enact: (620) 4194. 'SECTION 1. A'll (bonds hereafter issued by any county, township, city, village or school district within the state of Michigan ^pursuant to statute are hereby exempted from all taxation. Sec. 2 repenls inconsistent acts. May borrow money on bonds. Amount of loan. An Act to prescribe and limit the power of school districts having a population of more than fifteen thousand and less than one hun- dred thousand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent here- with. [Act /r of tin' Mate of Mirh if/an enart : (6-- 1 SKCTIOX 1. Whenever the board of education of when certain any school district in any city having a population of 010*8 Mian two hundred fifty 'thousand and comprising a single school district by resolution determines to purchase any buildings. cou dem nation proceedin'gs to acquire any buildings or sites for buildings, playgrounds, athletic fields, or other lands which it is authorized 'to acquire; or to erect or equip build- ings which it is authorized to erect or equip; or to make any other permanent improvement which it is authorized to make, and the common council, city commis'sion or other legis- lative body of the city in which said district is situated snail by resolution consent to amd approve of the resolution by which said 'board of education so determines, said school dis- trict may, to purchase said buildings, sites or other lands, or to pay awards made in said condemnation proceedings, or to erect or equip said buildings, or to make any other said permanent improvement, borrow money by the issue and sale of bonds. ii;i!3) SEC. 2. Definition. The word's "a single school "single district" as herein used -shall signify the principal or domi- trie defined, nating district in any city in which there is a principal or dominating district and but paTts of other districts in out- lying sections, and shall signify also the school district in any city wherein the territorial limits of said district and the jurisdiction of its board of education are coterminous and coextensive with the territorial limits of said city. ( r:M > SKC. 3. Bonds issued and sold hereundier shall be Bonds, desig- designated (ieneral Public Improvement Bonds, School Bis- B trict of (here is to be inserted the name of the city in which said district is situated) ; they may be is- HOW issued, sued and sold on the faith and credit of said district for a etc * tixed term of years, not exceeding thirty, payable at the end thereof <>r in serial form with pro rata apportionment of sums payable annually; to bear interest, payable semi-annual ly, at a rate not to exceed six per centum per annum; to be payable, both principal and interest, in gold coin of the United States of the standard of weight and fineness as of their date, or in lawful money of the I'nited States; and in amounts, manner and form determined as herein provided. i r.LT) i SKC. 4. The board of education of said district may Resolution t time 'to time by resolution determine to issue and sell lssue> bonds hereunder on the faith and credit of the district ; in its 272 STATE OF MICHIGAN. When approved by electors. Sale of bonds. said resolution said board shall determine the sum of the bonds to be then issued and sold, the term of years for or over which they ishall run, and a maximum rate oif interest, pay- where trans- able semi-annually, thereon. Said resolution shall ibe trans- mitted to the legislative body of the city in which the district is situated and said legislative body may consent to and ap- prove of the contemplated issue -and sale of said bonds if up- on the issue and sale thereof the gross debt oif said district will not be in excess of two per centum of the assessed value of all the real and personal property in said district ; or may, at its option, submit the same to the electors oif said district at .any election, general or special ; or may refuse to consent to and approve thereof, which refusal 'shall not preclude re- newal of the project to issue and -sell said bonds. Iff said legislative body 'consents to and approves o>f the contemplated issue and sale of said bonds or if a majority of said electors voting thereon approve the >same and !by the issue and sale thereof the gross debt of said district will not be in excess of two per centum of the assessed 1 value of all the real and personal property in said district; or if three-fifths of the electors voting thereon approve the contemplated issue and sale of said bonds and by the issue and sale thereof the gross debt of said district will not be in excess of five per centum of the assessed value of all the real and personal property in said district, said legislative body shall by resolution dieter- mine the amounts of the several bonds which are to make up the sum of those to be issued and sold, the medium in which principal and interest will be payable, and where the same will be payable, and direct the controller or other like minis- terial officer of said city to advertise, in manner and form and for a time by said legislative body prescribed, for sealed proposals to be by said ministerial officer received to a day and hour in said 'resolution fixed, or for open proposals to be received at an auction of said bonds to be conducted by :>a:i pro- posals, all proposals to indicate whether bonds are desiml to be payable at rthe end of the term of years for or over which they are to run or in serial form with pro rata appor- tionment of amounts payable annually. Said legislative body may accept proposals or may reject them, and may direct said ministerial officer to further advertise for proposals. (626) SEC. 5. Whenever said legislative body shall accept proposals for bonds it shall by resolution determine its ac- ceptance thereof, authorize the sale of said bonds, determine the form of the bonds to be issued and sold, consistent with said acceptance, and direct said ministerial officer to prepare May reject, etc., pro- posals. When propo- sals accepted. GENERAL SCHOOL LAWS. 273 i ie same as coupon bonds or, if the purchaser thereof, shall 1 ave so elected, as registered bonds. This resolution shall 1 a transmitted to said board of education and if it be ratified 1 y resolution of .said board said ministerial officer shall so j repare said bonds. KJl'Tl Sr.r. (i. Said bonds shall be signed by the presi- Who to sign, . eni of said board of education and bear the seal of said school etc - b( < istrict; be dated, numbered and recorded as may be by law < irected as to bonds of the city in which said district is Mtuated: be countersigned by the mayor or other like execu- tive ollicer of said city and by said ministerial officer thereof j nd be attested by the city clerk of said city; and be de- ] Tered to the treasurer of sail I school district who shall, upon i lie outside fold thereof, certify over his signature and otlicial . itle that "This l)ond has been issued and sold in compliance wilh law; has been duly entered in the books of this office; and the par value of same, and all premiums on sale, and interest accruing before delivery, have been paid into this office." pon payment to him of the moneys payable under the ac- Delivery, epted proposals therefor, with interest accrued to date of delivery, said treasurer shall deliver said bonds to those entitled thereto. Premiums and accrued interest shall be < Ted it ed to the interest fund. Principal shall be used only Premiums, or purposes for which said bonds were issued and sold, and credited 6 shall be controlled and disbursed as is by law directed with eference to other funds of said district. Principal and inter- *st shall be paid, and exchange of coupon bonds for registered M>nds shall be made, as is by law directed with reference to ike matters related to other bonds. No bonds shall be issued NO bonds at ind sold hereunder at less than par, nor if disapproved on a '*' referendum, but disapproval shall not preclude re-submission >r renewal of project to issue and sell said bonds. i ill's i Si:r. 7. In the annual budget of said board of Annual education there shall be included and appropriated sums to inclu lie raised by taxation sufficient to pay interest on bonds issued and sold hereunder and to pay principal due on serial bonds at maturity; in said budget, to provide a sinking fund for sinking fund, the payment of bonds payable at the end of a 'fixed term of years, there shall be included and appropriated each year prior to the fiscal year in which said bonds mature at least a pro rat a part of seventy-live per centum of the principal thereof, to be raised by taxation, and in the budget of the fiscal year in which said bonds mature there shall be included and appropriated amounts to be raises! by taxation sufficient, with the amounts previously provided and the increment ereof, to pay said bonds at maturity. thereof, tc 274 STATE OF MICHIGAN. Provisions construed. Maximum gross debt. Laws applicable. Participating officers ex- officio officers. (629) SEC. 8. The provisions hereof are supplemental to, and are not to repeal, other provisions of law under which bonds of said district are authorized to be issued and sold, but no bonds shall be issued and sold hereunder by authority of said board of education and legislative body, even though approved 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- ever, be issued and sold lierenn-der which, with other bonds of said district, will make said gross debt in excess of said two 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. (630) 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 hereunder. (631) SEC. 10. All officers of the city in which said dis- 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. An Act to provide for a sinking fund in certain school districts and the investment thereof and 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 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 in- consistent herewith," approved May seven, nineteen hundred fifteen, and to repeal all acts and parts of acts inconsistent herewith, (a) [Act 2GG, P. A. 1917.] The People of the State of Michigan enact: (632) SECTION 1. The board of education or other legis- lative body of any school district which shall have heretofore issued or shall hereafter issue bonds 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 (a) Title am. 1921, Act 20. GENERAL SCHOOL LAWS. 275 ] ower of school districts having a population of more than ! fteen thousand and less than one hundred thousand to 1 orrow money and issue bonds of such district therefor, and i ) repeal all acts and parts of acts inconsistent herewith," , pproved May seven, nineteen hundred fifteen, shall provide TUX to iiy ; imually for the levy and collection of a direct tax upon all iSindpafon, i he taxable property in such school district sufficient to pay i he interest on such bonds as it falls due, and also to pay and Hisdiarge the principal thereof at maturity. S.T. "2 repeals all acts or parts of acts, whether local or p-nrral, in ;m.v\vis> inflicting with the provisions of this act. (CM) SEC. 3. All sums of money raised by tax or other- sinking fumi. /ise received by any school district for the purpose of paying nd discharging the principal of the bonded indebtedness of aid school district, or any part thereof, shall be placed and :ept in a separate fund known as the "sinking fund." Add. -<1 1 !r_!. Art L'O. MJoli SEC. 4. The treasurer of said board or district Moneys, etc., -hall have the custody of all moneys, securities and other 011 evidences of value belonging or pertaining to the sinking fund ind shall pay out the moneys of said fund, or transfer the securities or evidences of value therein, only upon the order >f a majority of the school board or board of education, and ipon a written order of the president and secretary of said >oard. Added Id. i (Jo.")) SEC. 5. The school board or board of education of Debts, oay- any school district having funds in its sinking fund may " 'nun time to time, upon the best terms it can make, purchase >r pay the outstanding debt of said school district, or such art thereof as it may be able to purchase or pay, until the hall endorse upon the back of all bonds so purchased by said school board or board of education the following: "Regis- tered bonds, not transferable without the written consent of the president, secretary and treasurer endorsed hereon." Whenever the said school board or board of education cannot arrange for the purchasing or paying of such debt or any part thereof, it may temporarily and until it can so arrange, in- vest the moneys belonging to said sinking fund in interest- bearing securities and may from time to time as it deems ad- visable, sell such securities, and re-invest the proceeds as herein provided : Provided, however, That the moneys be- Proviso, longing to said sinking fund shall be invested only in public h( improvement, municipal, state and government bonds. Added Id. 276 STATE OF MICHIGAN. Treasurer to keep record, etc. (636) SEC. 6. The treasurer of such school district shall keep a record In a proper book provided for that purpose of the moneys and securities on hand in said sinking fund and of the transactions relating thereto, and shall from time to time and whenever requested by said school board, or board of education, make a complete report concerning the same; and the proper officers of said school district shall make such reports concerning the transactions relating to said sinking fund as may be required by the superintendent of public in- struction, or other authority, in connection with the handling of the funds of said school district. Added Id. School meet- ing to vote taxes in cer- tain cities. Notice. Notice of taxes voted given to city clerk. VOTING, ETC., SCHOOL TAXES IN CERTAIN CITIES. An Act relative to voting, assessing and collecting school taxes in city school districts, and to provide for the collection of school taxes with the city taxes therein. [Act '337, P. A. ili9H9.] The People of the State of Michigan enact: (637) SECTION 1. In any school district composed entirely of territory situated in any city or cities in this state, having a population not exceeding sixty thousand inhabitants ac- cording .to the last regular government census, a meeting of the qualified electors of said district shall be held upon, the fourth Monday of April of each year, for the purpose of voting and determining such school taxes for the ensuing school year as are required by law to be voted and determined by the electors of the school district. Notice of the day, hour, place and purpose of said meeting of electors shall be given by the secretary of the board of education, by posting notice thereof in at least twelve public places in said district, at least ten days before said meeting, and by publication in one or more of the city papers, if any, in said district, at least six times within ten days next preceding said meeting. If no daily paper is published in the district, the notice shall be published at least once in a weekly newspaper published therein. (638) SEC. 2. The board of education of said school dis- trict shall, between the fourth Monday in April and the sec- ond Monday in May in each year, make out and deliver to the city clerk of each city 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. GENERAL SCHOOL LAWS. 277 (GoO) Si;c. 3. On or before the fourth Monday in May Assessor fur- i i each year, the clerk of each city in which any part of said !!wi copy, etc. s 'lino] district is situated shall deliver to the assessing officer rr officers of his city, a certified copy of all statements on file i i his office of moneys authorized to be raised by taxation in j- lid school district for school purposes. Said school taxes t lall be assessed upon the taxable property of said school < istrict upon the next succeeding assessment roll of said city ( r cities, and the same proceedings shall be taken for the col- ] action thereof as for the collection of city taxes in said city < r cities : Provided, however, That taxes already assessed proviso. ; nd in process of collection at the time this act shall take JSSsSdL WUiy < ffect shall be collected, and proceedings taken in regard i hereto, as provided by the laws relating thereto at the time his act takes effect. (040) Si:c. 4. In all proceedings in relation to the assess- Powers of ion!, spreading and collection of taxes for school purposes l ' lsrk> etc * 11 said district, and in relation to the receipt and dishurse- N joent of all moneys belonging to said school district, the city ; ssessing officer or officers, city clerk and city -treasurer of he city or cities in which said district is situated, dball have ike powers and duties as are prescribed by the laws of this state for township supervisors, township clerks and township "Treasurers, respect ivelv, except as in this a>ct otherwise pro- < ided. HJ ID Si;c. 5. Except as provided' otherwise in this act. General law he provisions oif the general school laws of this state and u ,-my local act in force in such district relative to voting, as- ttessing and collecting school taxes, shall continue ami be n full force and effect. i r as many thereof as may be deemed sufficient by the inspector, shaill be provided, and where it is necessary to provide fire escapes on the outside of such (building they stall consist of landings and balconies at each floor above the first, to be built accord- ing to specifications provided by the factory inspector. All doors in schoolhouses and the doors of the capitol building and all state institutions shall open outward. Factory inspectors shall in writing notify the owner, agent or lessee of such manufacturing establishments, liotelis, stores, theaters, schools, halls, apartment 'houses and 1 public and office buildings of the required location and speclficationis of suc j h escapes as may be ordered and as to all failures to comply with the provisions of this act. Any person, firm or corporation, or any member of any school board, who shall violate or clause to be violated any of the provisions of this section, or shall fail or refuse to erect or cause to be erected any fire escape ordered by any factory inspector, under authority of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred 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 imprison- ment in the discretion Of the court. See sec. 263. GENERAL SCHOOL LAWS. 279 ESTABLISHMENT, ETC., OF HIGHWAY TO SCHOOL BUILDING. [Extract from Chap. I, Act 2S3. P. A. 1009.] (645) 4207. SEC. 10 * 'The said township board Highway to s lall cause to be established and improved a public highway SSooL pul t each and every public school (building in any organized s hool district in every township, and where a 'highway is si ready laid out and established, and not improved and made 1 issable to any such public school building, the said board s i all cause the same to be so improved and made passable f rr public use. n 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 instructfon and training of the inmates in said institutions. I [Act 137, P. A. 7'A r Pi-oplv of the State of Michigan enact: (646) SECTION 1. The superintendent of public inistruc- instruction, tion is hereby authorized to supervise and direct the instruc- tatn SmStcs. tion and training of the inmates in all pufblic institutions ii the xtate where juvenile delinquents are con/fined or- detain- ed by order olf any court, parent or guardian. No course of Approval, study shall be pursued in any of such institutions which shall rot have been appn>\ed by the superintendent df public in- struction, and he shall prescribe for each institution the course of study it shall follow. HJ17) SBC. 2. No person shall be permitted to teach in Ajnvoinii o( my public institution of this state, as provided in this act, qualifications, whose educational qnalilicat ions shall not have been approved l>y the superintendent of -public instruction. Added 1019, Act 17. An Act authorizing cities, villages, counties, townships anl school dis- tricts to operate systems of public recreation and playgrounds. B[Act ISO, P. A. 1017.] The People of the Std(< of Mh-h'ujnn enact: (648) SECTION- 1. Any city, villa-e. COttttty or township.. may operate a system of pnblir recreation and play-num acquire, equip and maintain hind, buildings or other re< 280 STATE OF MICHIGAN. tiona'l facilities; employ a superintendent of recreation and assistants; Vote and expend funds for the operation of such system. idem. (649) 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 other powers enumerated in section one. operation of. (650) SEC. 3. Any city, village, county, township or school district miay operate such a system independently or they may co-operate in its conduct in any manner in which they may mutually agree ; or they may delegate the operation of the system to a recreation board created by any or all of them, and 'appropriate money, voted for this purpose, to such board. conducted y be ('651 )- SEC. 4. Any municipal corporation or board given charge of the 'recreation system is authorized to conduct its activities on (1) property under its custody and manage- ment; (2) other public property, under the custody of other municipal corporations or boards, with the consent olf such corporationis or boards; (3) private property, with the con- sent of the owners. Use granted. Rules and regulations. Applicants responsible for damages, etc. An Act authorizing school boards to permit the use of school grounds and schoolhouses as community or recreation centers for the enter- tainment and education of the people and for the discussion of all topics tending to the development of personal character and civic welfare; to provide payment for janitor service and other expenses incident thereto;, and to repeal all acts or parts of acts inconsistent herewith. [Act 31i8, P. A. 1017.] The People of the State of Michigan enact: (652) SECTION 1. The school board of any city, village, township or school district in this state, upon the written application of any responsible 'organization located in said school district, or of a group of at least seven citizens of said school district, .shall grant the use of all school grounds and schoolhouses as community or recreation centers for the en- tertainment and education of the people, including the adults and children of school age, and for the discussion of all topics tending to the development of personal character and- of civic welfare. 'Such occupation, however, shall not seriously in- fringe upon the original and necessary uses of such properties. The school iboard in charge of such buildings shall prescribe such rules and regulations for their occupancy and use as herein pirovided as will secure a fair, reasonable and impartial use of the same. The organization or group of citizens apply- ing for the use of /properties as specified above shall be re- sponsible for any damage done them over and above the ordi- GENERAL SCHOOL LAWS. 281 i try wear. ;uid shall, if required, pay the actual expense in c irred for janitor service, light anK .<( IK >OL BOOKS, ETC.: officers, teachers, etc., not to act as. . , 145, 295 AGRICULTURAL COLLEGE: Michigan, superintendent of public Instruction to supervise instruction in 19 co-operative work with, by counties 579 president of, member of board of control for vocational training 584 AGRK I LI I HAL EXTENSION WORK: assenting to grant of moneys from U. S. for 582-91 AGRICULTURAL SCHOOL: examinations for admission to 298-99 rural, act providing for establishment of 559-77 division of, into classes 560 AGRICULTURAL SITES: board of education may acquire 548 AGRICULTURE, COUNTY* SCHOOLS OF: (See countv schools of agriculture.; M.COHOLIC DRINKS: text-books considering nature and effects of, how approved 60,312 \L1KNS: not eligible to office 49 \LMSHOUSES: children in, not included in census 67 ALTERATION: In boundaries of districts 33-36 of schoolhouse, board may vote tax for of schoolhouse sites in boundaries of graded school districts of boundaries of township school districts 344 "AMKKR applicant for eighth grade diploma to memorize . - (>s ANNK.XA 1 : of rural district to rural agricultural school -"'''I ANNEXED TERRITORY: union of school district in, to other district 195 A.NNUAL ELECTION: of trustees in cities of fourth class . . 607-8 286 INDEX. The references are to compiler's sections. ANNUAL MEETING: (See district meetings.) ANNUAL REPORT: (See report.) ANNUAL SCHOOL ELECTION: in districts of third class, when held 365 notice of, how and when given ANNUITY: when school teacher entitled to 447 ANNULMENT OF CERTIFICATES: by state board of education 272 , 467-68 ,476 by county board of school examiners. . . . 292 APPARATUS: tax may be voted for purchase of 45 APPEAL: how made from decision of township board 117-19 from action of board changing township district to primary district 347 from action of board of education relative to transportation, etc., of pupils. . 567 APPENDAGES TO SCHOOLHOUSE: tax may be voted to provide 45 to be provided by director 66 APPLICATION: for use of schoolhouse, etc., as recreation center 652 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 ,332 district officers in case of vacancy , 48 person to take school census 67 ,336 district trustees in case of vacancy 121 ,333 member of board of school examiners in case of vacancy 286 county commissioner of schools in case of vacancy 296 conductor of teachers' institute 401 of truant officers 409 APPORTIONMENT: of property on division of district 11, 37-38 , 399 of primary school interest fund 22-24 by township clerk of moneys to districts 75 of moneys raised by taxes 76 township treasurer's duties relative to 76 of one-mill tax 78 on division of districts, of moneys 83 , 344 division of district, of tax assessed before, and collected after 83 in fractional districts, of moneys collected 86 of library moneys 134 , 136 APPRAISAL: of school property, when township board of education to make 327 APPROPRIATION: for payment of tuition, etc., of certain pupils 45 for rural agricultural schools 576 of sum equal to allotment of federal moneys for vocational education 582 APPROVED LIST: schools placed upon, not to exceed two in county 558 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 per- sons 421 ASSOCIATIONS: teachers may form 437-39 ASSOCIATIONS FOR ESTABLISHING LOAN FUNDS: number that may incorporate 497 articles of association, what to contain 499 classification of members 500 funds of, how used 501 election of officers, when held 502 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 548 ATTACHMENT: to enforce attendance at certain proceedings 106 ATTORNEY GENERAL: to approve text-book dealer's bond when to prosecute text-book dealer's bond 239 AUDITOR GENERAL: when, to reimburse district maintaining county normal training classes 535 to transmit statement to legislature of state aid furnished rural agricultural schools amounts due for vocational education certified to 588 INDHX. 287 The references are to compiler's sections. B. B vLLOT: 'orm of, on question of bond Issue for free public libraries 151 on question of registration of electors In certain city school districts 228 on question of disbanding township school district 304 for election relative to organization of township district 303 on question of uniting two township districts 353 for election school district, third class, who to prepare 373 arrangement of names on 373 In submission of question to classify certain school districts 381 used at special election to decide question of rural high schools 513 at district election for bonding 316 election of officers to be by 46 , 90 , 122 , 330 school election, party emblems not to be placed upon 221 3 VRROOM: children not permitted In 432 I (LLIARDS: children not permitted where, are played 432 I LIND BABIES: act to provide for care and maintenance of 423-27 1 LIND CHILDREN: compulsory education of 417-18 transportation of indigent, or parents of 418 truant officer to investigate and report 418 1 LIND, MICHIGAN SCHOOL FOR THE: (See Michigan school for the blind.) ] OARD OF APPEALS: who to constitute, in appeals from township board 117 ] OARD OF CONTROL: for vocational education, who to compose 584 ] OARD OF COUNTY AUDITORS: certain expenses audited by 294 ] OARD OF EDUCATION: when, may borrow money to pay teachers' wages to report taxes voted 55 to make annual census 67 when to make triplicate reports to superintendent of public instruction 72 to estimate amount necessary for sites, etc '.> authorized to impose tax to pay school expenses, etc 94 service of process against school district made upon president of 96 to apply for jury in suit to obtain sites 103 in graded school districts, election and powers and duties of 120-22 to have charge of library 126 report of, relative to libraries 133-34 may sell library books 138 to provide for, for certain cities I04->r> election of, in newly organized city school district first meeting, of, when held 171 to be body corporate 178 division by, of city district into precincts 207-15 may divide city school districts into election precincts 216-24 to name members board of registration, etc candidates for, nominated by petition report to, of violations of text-book act 239 qualifications of certain teachers, may hire 255 to establish optional course of military training -">'.) township, powers and privileges 303 ,312 secretary, relative to books, etc., of district who to constitute, term of office, etc 306 when to meet, officers, etc to establish, etc., library when, may borrow money president of, duties treasurer of, duties when to present estimate of money needed statement of, relative to schools powers of, relative to text-books not to act as agents of publishers when may commence action to set aside certain order of superintendent of public in- struction 616 powers of, In cities of 250.000 383-97 authority of, to change city districts to certify amount to be raised for schools in city districts school district of third class, number of members, etc may call special elections nomination of members, how made canvass of election returns by secretary of, duty in election powers and duties of when may appoint truant officers to furnish superintendent with cf-nsus list duty of, relative to fraternities, etc authority of, to provide for free public libraries 147-48 in graded, etc., school districts to engage instructors in phvsical education 401 of certain school districts authorized to establish advanced courses of study. . 495 to vote tax for payment of tuition and transportation of pupils " 522 ,526 288 INDEX. The references are to compiler's sections. BOARD OF EDUCATION Continued. when, to furnish text-books free to certain children 527 in certain cities may vote to establish county normal training class 531 when may select member of county normal board 532 to estimate cost of maintaining county normal training classes 535 when county clerk to draw order in favor of, for county normal training classes 536 in certain cities, may control, etc., college of medicine and surgery 540-46 certain actions, etc., by, validated 547 act authorizing, to acquire lands for school, etc., sites 548 when, may establish day schools for the deaf 549 of consolidated rural school district, election of 562 of consolidated school district, election of 562 term of office of members of 562 funds of districts turned over to 563 may designate rural agricultural school site 562 report of, relative to vocational education 591 in cities of fourth class, of whom to consist, election, etc 607-10 one member of, to act as election inspector for election of trustees 609 (See state board of education.) BOARD OF INSPECTORS: at election to vote on issuance of bonds, who to constitute 90 at election of school trustees, powers, duties, etc 609-10 to make poll list of voters at election of trustees 610 BOARD OF INSTRUCTION: of state normal school, may grant certificates 467-68 BOARD OF LIBRARY COMMISSIONERS: (See state board of library commissioners.) BOARD OF REGISTRATION: in school district of third class, who to be 369 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 294 to fill vacancy in office of county commissioner of schools 296 to vote on establishment of county normal training classes 531 amount to appropriate for 535 appropriation of money by, county schools of agriculture, manual training and domestic science 549 to elect members of county school board 550 when may co-operate with agricultural college 579 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 264 penalty for neglect of duties 265 of township school district, term of office, etc 306 election of, in certain township districts under special act 327 in cities, proceedings in changing boundaries of districts 348 of city districts, proceedings relative to change in 348 of rural high schools, when and how elected 514 term of office 514 meetings of, when held special, how called 515 powers of salary and duties of secretary of 516 election of, in cities of fourth class 608 of consolidated rural school districts, election of , etc .' 562 may establish day schools for the deaf 596-601 BOARDS: authorized to examine teachers, to collect fees 398 BONDED INDEBTEDNESS: per capita tax to pay interest on, certain districts 94 BONDS! of treasurer, by whom approved and where filed majority vote required to raise money and issue, in school districts limitations as to amount and time to run tax may be voted to redeem how may be paid liability of county treasurer on 109 on appeal from decision of township board of treasurer of board of education in graded school districts townships, etc., authorized to issue, for free public libraries 149 school districts, etc., may issue, for public libraries 155-59 issue of, in city school districts, purposes 183 to be filed by text-book dealer 236 approval and renewal of when may be declared forfeited county commissioner of schools to file of treasurer of township school district 315 INDEX. 289 The references are to compiler's sections. ONDS Continue*!. \\ hen township school district may issue 316 treasurer of township board of education to give 332 of truant officer, amount, where filed, etc 409 amount of, of treasurer of state board of education 472 for maintenance of free public libraries in cities 148 of contractor to secure payment of sub-contractor 602 recovery to be had on 605 exemption of school, from taxation 620 amount of, school districts may Issue 621 school districts In certain cities may Issue, for Improvements 622-31 1 district may issue, for teachers' home. 653-55 who to adopt, for rural high schools 515 (See record books, library books and text-books.) BOUNDARIES: notice of formation of school districts to contain 27 when township board may alter, of school districts 33 who to cause map made showing, of school districts 73 where filed 73 consent of trustees necessary to change, of graded school districts 123 when township board may divide or change, of primary school district 190 procedure on change of, of township school district 344 of certain township districts, how altered : 327,352-55 of school district in city of 250,000 385 BRANCHES: of study to be given In the public schools 60 3UDGET: annual, of school district In cities of 250,000, how prepared 386 hool district in certain cities, what to include 628 BUILDING COMMITTEE: voters may appoint, for schoolhouse and prescribe duties 45 BUILDING FUND: what deemed, how used, etc 45 BUILDINGS: rural agricultural school, to be community centers 565 ! approval of plans for 566 school, superintendent of public instruction may condemn, etc 615-17 AU OF INFORMATION: llshment of, in office of superintendent of public instruction 406 BUS] \AGER: in city school district, election of , etc 185 1C. CANVASS: of votes at school elections 220 of votes in school district of third class, by precincts of votes at election of school trustees 611 CARDS: children not permitted where, are played 415 CARLETON DAY: >1 '-ervance of, In public schools 269 -US OF SCHOOL DISTRICTS: n and how taken 67,312,326 penalty for false Information to enumerators of \vheri enumerators of, guilty of misdemeanor fity school districts, wno to provide for list of, to be furnished teachers 410 CENTRAL MICHIGAN NORMAL SCHOOL: act to establish 480-81 certain department to be maintained at -J'-'t; i 1 !( 'ATI- district board to deliver to township clerk, of taxes to be assessed of instruction in physiology, when filed by teacher copy of, to be filed by director with township clerk to supervisor, of taxes to be assessed for school purposes < 3 ,80,337 of court in proceedings to obtain site, what to contain who may be granted, as kindergarten, music, drawing, domestic science or art teacher.. . 254-55 school teachers', granted only to citizens of U. S when granted, renewals, etc when state board of education may grant to normal school graduate when certain teachers', to be filed with commissioner of schools of teachers in home economics in rural agricultural schools endorsement of 568 rr.K TIFICATES OF GRADUATION: from county normal training classes, who to grant ^33 CERTIFICATES OF QUALIFICATION TO TEACHERS: aon-pOOMOBiOD of, makes contract invalid regents of university may grant certain two regular examinations for. each year county commissioner to sign, etc when board of school examiners may renew, without examinations how must be signed -different grades of 291 requisite qualifications to obtain 37 290 INDEX. The references are to compiler's sections. CERTIFICATES OF QUALIFICATION TO TEACHERS Continued. when, may be suspended or revoked 292 , 467-68 , 476 list of teachers having, to be furnished township clerk 293 record of, to be kept t>y county commissioner of schools 293 fee to be paid on obtaining 398 when granted to pupils of normal school 467 state board of education may issue 476 to issue, in normal schools 496 of county normal training classes, what to qualify 534 how may be renewed 534 CHAIRMAN: duties of, first meeting of district 27 of district meeting, to give oath to challenged voter 43 may arrest disorderly persons 44 may be appointed in aosence of moderator , 45 penalty for neglect of, of first meeting of district to perform duties 139 CHALLENGE: of voter at district meetings 43 ,308 of juror in proceedings to obtain site 106 CHARITABLE INSTITUTIONS: constitutional provisions relative to 17 CHILDREN: payment of tuition of certain 11 when census list of school, to be taken 67 , 336 compulsory education of 408-1 3 duties of police officers relative to certain 409-13 not permitted in saloons, gambling houses, etc employment of ... 433 how admitted to rural high schools 515 of indigent parents, when unable to attend school 527-30 (See pupils.) CHIPPEWA COUNTY: proviso as to election of county commissioner in 287 CHRISTMAS: observance of by public schools 267 CIRCUIT COURT COMMISSIONER: to be member of board of appeals 117 CITIES: of 125,000 or over, qualifications for voting at school elections in 42 when census in, to be compiled 67 to provide for boards of education for certain 164-66 organization of school districts in certain 167-89 consolidation of school districts in 198-206 division of school districts of, into precincts 207-15 examination of teachers in certain certain, exempt from provisions of township district act 305 proceedings when, become part of township district . 305 act relative to boundaries of school districts in of 250,000, powers of board of education in 383-97 when state board of education may issue life certificates to certain graduates 476 board of education may control, etc., college of medicine and surgery 540-46 certain actions, etc., by board of education in, validated certain, when police officers in, to act as truant officers 409 schools in certain, to teach physical training 494 maintenance of free public libraries in 147-48 of fourth class, to constitute single district board of education in, election, etc 607 of over 250,000, school districts in, may borrow money for improvements 622-31 of 60,000 or under, voting, etc., school taxes in 637-43 authorizing, etc., to operate systems of public recreation and play grounds 648-51 CITY SCHOOL DISTRICTS: when property of annexed district vested in union of district with, when territory annexed board of education may divide, into election precincts, referendum 216-24 CITY TREASURER: ex-officio treasurer of city school district 179 CLAIMS: against board of education city school district, how paid, etc CLERK: director to be, of district who to be, of district board of education of board of trustees of rural high schools 513 COLLECTION: relative to the, of school taxes 77-86 of judgments against districts 97-101 of fines for injuring library books > of penalties 141-42,144,258,266 of damages for not reporting and assessing taxes of institute fees from teachers 418 COLLEGE OF MEDICINE AND SURGERY: board of education in certain citiesTnay control, etc 540-46 COLLEGE OF MINES: entitled to report of superintendent of public instruction 507 COLUMBUS DAY: observance of, by public schools 267 INDEX. 291 The references are to compiler's sections. ( OMMERCIALTEACHKK: act defining qualifications of 254 ( COMMISSIONER OF SCHOOLS: county commissioner of schools.) OMMUNICABLE DISEASES: methods of prevention of, to be taught in schools. . . ( OMMUNITY CENTERS: rural agricultural school building to be 565 use of srhoolhouse, etc., as... r>y> ' OMPKNSATION: of officers of school district 54 , 1 22 , 343 teachers, how paid, etc '. for taking census 67 for schoolhouse site determined bv jury 107 in proceedings to obtain site, of officers and jury 115 county board of school examiners, of members 294* of county commissioner of schools 294 of school officers In attending county meeting 301 of officers in township school districts 323 of members of township board of education 343 of election officers, school districts of third class 369 of truant officers, how paid, etc 409 I state board of education, of members 475 COMPULSORY EDUCATION: school boards may furnish books in certain cases 61 children exempted 408 >r, of children 408 length of time to be sent to school 408 ' r y for failure to comply with law 410 establishment of ungraded schools 412 when certain children to be sent to 413 who considered truants under act 413 ,423 when children to be sent to reformatory institutions 424 CONCKHT SALOONS: children not permitted in 427 CONDEMNATION: of schoolhouses, power of superintendent of public instruction as to 616 bv factory Inspectors 644 < 'ONDUCTOR: who to be, of teachers' institutes 401 UONGR] nting money to state for agricultural extension work 582-91 < ONSOLIDATION: of .-rhool districts 191 in Incorporated city 198-206 of school districts of annexed territory with city district 192 of certain township districts 352-55 of rural schools into rural agricultural schools 559 of rural school districts, election of trustees, etc 562 ' '< \S'I TITTION: of Michigan and U. S. to be taught in schools 261-62 federal, date of adoption of, observance of, in public schools 267 < (INSTITUTIONAL PROVIS!' relative to primary school Interest fund . 1-2 relative to officers of, and maintenance of educational institutions 3-17 CONTIGUOUS SCHOOL DISTRICT: \e.d territory to become part of 361 -ACTOR: nd reo.ulred of, to secure payment of sub-contractor 549 LOTS: with teachers 58,129,312,314,336 s not to be interested in, with districts for use of public library within county 162 for furnishing free text-books in township districts >n 'orations, etc., to have, with superintendent of public Instruction 235 PORv organized school districts teachers' associations 439 state board of education 462 associations for establishing loan funds 498 DUNTY: of 250,000, how school census taken in when more than one, contributes to support of school to be placed on approved list .... 558 authorizing, to operate systems of public recreation and play grounds 648-51 1 Y BOARD OF SCHOOL EX AM INK: election and terra of office of vacancies in, how tilled 286,296 schedule of meetings fo: imlnatlons to be published may hold special meetings meetings of, for examination of teachers to whom may grant certificates grades of certificates issued by may suspend or revoke certificates compensation and expenses of members of when officers in certain districts may examine teachers ' what schools exempt from supervision of 297 (See county commissioner of schools.) 292 INDEX. The references are to compiler's sections. COUNTY CLERK: notice to, relative to primary school fund apportionment 22 to receive and dispose of communications of state superintendent 87 apportionment of moneys, duties of, relative to 88, 135 duties of, relative to reports v 88 , 142 ,335 duties in proceedings to obtain site T 11011 election of school examiners, duties of, relative to 286 duties of, relative to election of county commissioner of schools 287 copy of election returns school district of third class, filed with 374 to draw order on county treasury for institute moneys 402 bond of truant officer filed with 409 duties of, relative to distribution of laws, etc 508-9 when to draw order for county normal training classes 536 COUNTY COMMISSIONER OF SCHOOLS: may be removed for lack of qualifications 19 to send blanks and list of qualified teachers to township clerk and board of education ... 72 triplicate reports of township clerks made to 72 to be member of board of appeals 117 to be member of county library board 161 to be notified of violations of school text-book law 239 when and how elected 286 to file bond and acceptance of office 286 term of office 287 election of, in Chippewa and Lake counties 287 who eligible to office of 288 to hold certain examinations 289 to prepare schedule 'for examinations 289 may renew certificates 290 certificates to be signed by 290 may grant special certificates 291 powers and duties of 293 to keep record of examinations 293 to counsel with teachers what annual reports, to receive 293 to receive institute fees to receive instructions from superintendent of public instruction 293 who, to furnish list of teachers 293 duties relative to visiting schools 293 to make annual report to superintendent of public instruction compensation of, how paid, etc 294 expenses audited by board of supervisors not to act as agent for school books, etc vacancy in office of, how filled duties of, relative to examination of candidates for agricultural college 298-99 to call meeting of school officers of county 300 , 302 annual report of township school districts to be made to to appoint truant officer 409 to furnish truant officer with list of teachers when, to issue work permits to children persons desiring to teach to file certificate with duties of, relative to distribution of laws, etc 508 librarians to make annual report to 520 to whom, to transmit lists of libraries to be member of county normal board duty of, as to funds for county normal training classes 536 to be member of county school board when petition for rural agricultural school presented to 561 when to call special election to fill vacancy in board may number rural agricultural school districts notice to, when in favor of establishing rural agricultural schools 562 COUNTY INSTITUTES: (See teachers' institutes.) COUNTY LIBRARIES: act to authorize creation of 160 COUNTY NORMAL BOARD: how constituted, duties, etc .' . . . 532-3! may renew certificates 534 COUNTY NORMAL FUND: how constituted, etc 535 COUNTY NORMAL TRAINING CLASSES: superintendent of public instruction to direct supervision of how established, managed, maintained, etc 53137 graduates of, may teach in rural agricultural school 534 COUNTY SCHOOL BOARDS: establishment of 550- organization of apportionment of expenses treasurer of 553 COUNTY SCHOOLS OF AGRICULTURE: establishment of 549-58 apportionment of expenses of instruction given in 554 COUNTY SCHOOLS OF DOMESTIC ECONOMY: establishment of . . 549-58 COUNTY SCHOOLS OF MANUAL TRAINING: establishment of . . . 549-58 ( INDEX. 293 The references are to compiler's sections. OUNTY TREASURER: statements of apportionment filed with 88, 135 to apply to state treasurer for certain moneys 89 township moneys to be paid township treasrrer by 89 to whom, to give notice of apportionment of school inn.. s'.t liability of, on bond ... 109 money for schoolhouse site deposited with 109, 114 apportionment of library moneys to be made by to .vet apart institute fees as Institute fund 399 vouchers for payment at teachers' institutes to be tiled with 405 teachers' institute fund to be paid by, on order of < !.-r' when county clerk to draw order on, for county normal train; 636 ex-oflicio treasurer of county school board 553 when, to act in district or township 409 to Inspect outhouses in primary districts 410 DY: superintendent of public Instruction to prepare and print who to prescribe for schools 60, 122 advanced, authorized in certain school districts 495 board of education to prescribe for normal schools 496 who may prepare and publish certain 507 who to provide for rural high schools by whom approved for county normal training classes in public "institutions, approval of 646 MKS AND OFFENSES: KLMK ; (See penalty.) IKIllCULUM: normal school, to contain course in physical training ................................ 492 D. .MAGES: who to prescribe penalty for, to library books ...................................... collected from certain officers for neglect of duties ............................. 144 children not permitted In ........................................................ 432 II THE DEAF: shall be established ............................................................. 596-601 to report to superintendent of public instruction .................................... 597 duties of state treasurer in regard to .......................... .- ................... 59S-91 used in ............................................................ who may attend ................................................................ 601 >EAF CHILDREN: compulsorv education of ......................................................... 414-16 >ECLARATION (>K INDEPENDEV to be read to certain pupils on certain holidays ..................................... 267 DEED; for schoolhouse site to be obtained before building .................................. 53 DEFICIE! in teachers' wa-es fund, how provided for ......................................... ' < -ini.nl; .. . punishment of persons responsible for ........................ 431 ()ELIVERY OF BOOKS, ETC., TO 8UCCE8SOB IN OFF1< I by superintendent of public instruction ................ . . 25 by di-trict i .................... ..... 66,71 MNATIONAL SCHO< superintendent of public instruction to super 279-85 d! ............. ....................... go qualifications of teachers in ............................... >EP( of school funds, when designated ........................ l DEPOSITS: of school funds, when mad--. ' l IJEPT'TV HTIM PUBLK i appointment and duties of ........................... school districts may accept ......................... 538-39 of L'radi: normal school .. '' ( 'S,496 _ notice of tirst meeting to be recorded by. . . to keep records relative to o . of district to be notified of alterations of district ........... I appointment of clerk in ah.M-nce of ............. election ami term of office of ........................ ' ' ~ ] i: > () appointment of. in ca>e of . <>f office of, where and by whom tiled . . to In- member of district board ............. :er of school to be furnished to .................. to have ci: to file certificate of Instruction in physiology with township clerk. to draw and sign warrants, orders, etc .......................... to give notice of meetings .................................... account of expenses to be kept by ................................................ schoolhouse to be kept in repair by ............................................... 294 INPEX. The references are to compiler's sections. DIRECTOR Continued. to provide appendages for schoolhouse 66 to present estimates at annual -meetings 66 accounts of, how kept, audited, etc G6 , 122 to be clerk of district 66,332 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 00 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 102 penalty for neglect to accept office or perform duties 140 to attend meeting of county school officers 301 compensation 301 to furnish teachers with census list 410 DISBANDMENT: of township school district, referendum 304 DISORDERLY PERSONS: to be taken into custody 44 juvenile, who to constitute 413 DISTRICT BOARD: when superintendent of public instruction to remove members of, from office when, may borrow money for payment of teachers' wages 22 to call meetings of district 40 school to be provided by 45 how, may determine certain matters, when meetings fail 45 ,337 election and term of office of 46,120,330 vacancy in, what to occasion 47 how filled 48,121,325 illegal for members of, to act as publishers' agent who eligible to office on 49 acceptance of office by members 50 , 121 ,331 who to constitute 51 , 120 ,330 certain books, blanks, etc., to be puchased by when may sell certain property of district site for schoolhouse to be leased or purchased by 53 , 336 to estimate amount for support of schools when may borrow money on strength of voted tax to report taxes to be assessed accounting of moneys by not to pay money to unqualified teachers to make statement of finances at annual meeting 57 , 340 teachers to be hired by 58 , 122 to provide for water supply when to exclude public meetings from schoolhouse to have care of schoolhouse and property to provide for instruction in physiology to pressribe text-books and courses of study 60 to purchase books for indigent pupils may suspend or expel disorderly pupils to establish rules, etc., for school 62 ,336 to classify pupils 63 , 122 may admit non-resident pupils to school 64 rates of tuition for, how fixed director to be clerk of 66,332 to appoint persons to take school census 67 ,336 when to provide for deposit of moneys to estimate amount necessary for sites and buildings when may issue bonds to apply for jury in suit to obtain site to be trustees in graded school districts 120 , 123 district library to be managed by 132 ,336 report of, relative to libraries ^ 133-34 may donate or sell books to township library 138 kindergarten to be provided by 250-53 qualifications of certain teachers, may hire 255 financial statement of the district to be published by United States flag to be provided by to be trustees in township school districts when, to pay tuition of pupils 524-26 duties of, as to teachers, etc, for county normal training classes 535 when day schools for deaf may be provided by 596-601 when may commence action to set aside certain order of superintendent of public instruc- tion 616 (See district officers.) DISTRICT LIBRARIES: (See libraries.) INDEX 295 The references are to compiler's sections. DISTRICT MEETINGS: notice of, on formation of new district 27 when annual, to be held when special, may be called *. 40 notice of, to Indicate the business 40 notice of, what to specify 40-4 1 who eligible voters at u relative to challenging voters at 43 penalty for disorderly conduct at 44 to give directions regarding suits -i.'. to direct sale of property 45 powers of annual 45 , 1 22 when clerk and chairman may be appointed at 45,332 what board to determine in case of failure of certain -r limit of taxes that may be voted at 45 ,337 officers to be elected at 46 , 120 , 330 to fill vacancy in district office 48 tax for services of officers to be voted at 54 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 '.to may vote tax to pay money borrowed 92 voters at, may designate site 102 board of education to present estimate for sites, etc., at 316 of consolidated township districts 354 DISTRICT OFFICERS: election and term of office of 46, 120,330 when may be appointed 48,121,332 who eligible to election as 49 acceptance of office of 50,121 ,331 amount of tax for service of 54 penalty for neglect to accept office or perform duties to employ legally qualified teachers payment for services of township 323 compensation of 343 (See treasurer, director, moderator and district board.) DISTRICT SCHOOLS: (See schools.) DIVISION: of boundaries of primary school district of township into single school district 305 DOMESTIC ECONOMY, COUNTY SCHOOLS OF: establishment of 549-58 appropriation for instruction given in 554 DOMESTIC SCIENCE TEACHER: act to define qualifications of 254-56 DOORS: to open outward 0-H DRAWING TEACHERS: act to define qualifications of 254-56 DUPLICATE RECEIPTS: township treasurer to take, for certain moneys 86 ED ^'UCATION: constitutional provisions relative to 1-17 KICHTH GRADE: payment of tuition and transportation of pupils 522-23 EIGHTH GRADE DIPLOMAS: applicant for, to memorize first verses of "Star Spangled Banner" and ' 'America 1 ' 268 ELECTION: who legal voters at, In school district uhen, of district officers held .<',. ILM ,:<:> who eligible to. in school district rarulatram at, to vote on Issuance of bonds of board of education, city school district, how held conducting of, for consolidation of school districts in incorporated city school district, registration, notice, etc 217-18 party emblem not to be placed upon ballots of members of county board of school examiners of county commissioners in Chippewa, when held, etc relative to organizing township into single school district when called, ballots, etc of trustees of township school district, term, etc township school district, how conducted, etc special, for bonding, ballots, etc city districts, election of officers by joint boards annual school, district of third class, when held for submitting question of rural high schools, where held form of ballot used at submitting question of establishment of schools of agriculture etc on establishing of rural agricultural schools, when held, who to caM. etc . of school trustees in cities of fourth class 607-10 296 INDEX. The references are to compiler's sections. ELECTION COMMISSIONERS: in school district of third class who to be .................................. 3(58 to prepare official ballots .............. .............. appointment of, for election of school trustees. . . 608 ELECTION INSPECTORS: in election of township school trustees, who to be ...... 306 in school district of third class, appointment ..... . ................ . 369 canvass of votes by ....................................... 374 how chosen, etc., at election of school trustees ............................ 609 powers, duties, etc., at election of school trustees. . 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 i to vote tax for services of district officers .......................... . ....... 54 ! at annual meeting may designate depository for district funds ........................ 71 of city, when to elect board of education ...................... .................... 164 to approve consolidation of school districts ..................... . ......... 191 registration of, in school districts ................................................. 217-19 ; when, may vote to organize townsliip school district .............................. , . 303 , certain, in fractional district not qualified to vote upon organization of township school district ................................................................... 303 township school district, qualification of. .......................................... 306 ,316 when, may appeal from action in formation of .......................... 328 school, district of third class, who qualified ........................................ 370 when question of rural high school submitted to ................ . ............... 524 of certain districts may designate site outside of district boundaries ........... 613 ELIGIBILITY: to office in school districts ........................ '.'.'' ....... ........ . . 49 of teachers ................................ ................................. 58 , 122 ,251 ,336 of persons to take school census .................................................. r.7 of officers, etc ........................... .......... . .................. ......... 122 of children ........................ 433 ENDOWMENT FUNDS: to be under control of school board ......... 539 ENGLISH LANGUAGE: instruction to be conducted in ............... 11 , 19 ENROLLMENT: when teacher to compare, with census list ........ 410 ENUMERATION OF CHILDREN: (See census.) ENUMERATOR, CENSUS: duty of, data required ........................................................... 67 when guilty of misdemeanor ......... 68 ESCHEATED ESTATES r application of interest from sale of ...... 14 ESTIMATES: of amounts to be raised by tax ................................................... 54 , 66 , 336 of taxes necessary in city school district, what to specify ............................ 182 transmitted for approval ...................................................... 182 report of, as approved, to whom made ........................................ 182 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' ' .............................. .................................. 268 of teachers in private, etc., schools ................................................ 281 meetings for, of teachers ................................ ......................... 289 of teachers by county board of examiners ........................................ . 289-90 , 298 questions for, of teachers ........................................................ 290 county commissioner to keep record of ............................................ 2<>:i of reports by county commissioner ................................................ 293 of teachers by officers in certain districts ... ....................................... 297 of applicants for admission to agricultural college ................................. 298-99 fees to be collected from teachers for .............................................. 398 of teachers by state board of education ............................................ 476 of applicants for state certificates .................... 476 EXAMINERS: may be removed for lack of qualifications .......................................... 19 of teachers to collect fees ........................................................ 398 to pay same to county treasurer ................................................. 399 (See county board of school examiners.) EXECUTION: not to issue against school district .................................. : ............. 97 EXPENSES: incidental, estimated by board ................................................... estimates of, to be presented at annual meeting ............ . ....................... 66 , 340 per capita tax to pay, certain school districts ................. ...................... of commissioners, limited ........................................................ 287 INDEX. 297 The references are'to'compiler's sections. EXPENSES Continued. for print i iii,', <(<., how audited, etc 294 of school examiners, how pairl 204 teachers' institutes, how paid 401 nMitute, how paid 404 vouchers for, of teachers' Institute, where filed 405 F. FACTORIES, STORES, ETC.: employment of children in 433 RY INSPECTORS: may order lire escapes on schoolhouses, etc 644 may con.!. 'inn srhoolhouses considered unsafe 644 KM. BOARD: for vocational education, state board to co-operate with 584 FEEBLE MINDED AND El'I I.EI'TIC: Michigan home and training school.) to be paid by teacher on obtaining certificate disposition of, collected bv director and secretary 399 I KM A: who qualified to vote at school elections in certain cities 42 registered in separate register 42 eligible to district offices 49 FIN] how applied for breach of penal laws 16 for disturbing district meeting 44 for disturbing school 62 on censu;: enumerator for making false returns giving false information to census enumerator for damages to library books 129 apportionment of, for breach of penal laws 136 FIRE ESCAPES: factory inspectors may order, on schoolhouses 644 FIRE MARSHAL: fire marshal.) PROTECTION: m schools, dutv of factory Inspectors relative to 644 FISCAL YEAH: of school district In cities of 250,000 387 FLAGS: who to purchase U. S., for schools 266 FORM OF OATH: of challenged voter 43 FOURTH (LASS CITIES: to constitute single school district board of education in, of whom to consist, elections, etc 608 FOURTH OF JULY: observance of, by public schools 267 FRACTIONAL DISTKK certain electors in, not qualified to vote upon organization of township school district . . . 12- providing for payment of tuition and transportation to, of certain pupils 522-2 what deemed (See graded school districts.) HOLIDAYS: observance of, by public schools 26/ HOME ECONOMICS: certificate of teachers in, In rural agricultural schools endorsement of assenting to grant of money by U. S. for BSSt-9 HOMES FOR TEACHERS: district authorized to provide HUMANE EDUCATION: act to provide system of 247-4 TTVf TT^TNTT^* use of text-books on, in teaching dangerous diseases 60,312 I. INCIDENTAL EXPENSES: esi imated bv district board INDEBTEDNESS: of districts (See bonds.) INDIANS: __ when children of, not included in census o7 INDIGENT PARENTS: when children of, unable to attend school o27-6(] INDUSTRIAL HOME FOR GIRLS: superintendent of public instruction to supervise instruction in INDUSTRIAL SCHOOL FOR BOYS: superintendent of public instruction to supervise instruction in of rural agricultural schools when established of public institutions, instruction, etc., of, who to supervise INSPECTORS OF ELECTION: how chosen, powers, etc., ;it election of school trustees INSTITUTES: teachers', county commissioner to be assistant conductor certain state! superintendent of public instruction to supervise instruction in charitable, children in, not included in census public, instruction of inmates of, supervision of qualifications of teachers in, approved by superintendent of public instruction b47 INSTRUCTION: to be conducted in the Kn-lish language branches of, given in public schools etc., of adult blind persons - INDEX. Tli'- 'iis. NSURAN' VS: how used apportionment of, on state funds is .-_':_' on bonds, limited '.'1 tax may be voted to pay on bonded Indebtedness, per capita tax to pay. on judgment against district 1."- !"l execution not to issue on when rendered in proceedings to obtain site . . 108 CIATE Dl need courses of study in certain districts designated as 495 FURY: board mav apply for. in proceedings to obtain site 103,107 JUSTICE <)F '! Il'i to have jurisdiction in cases of assmm - * h< ol ir cases under compulsory education ::ct 411 proviso, as to cities 411 n\ i:\ii.i: CO1 Investigation, etc.. by. relative to children of indigent parents ;"'_".> penalty for failure of parent or iruardian to serd, to school proci :ist parents of, for neglect of duty t to ungraded schools T 412-13 who deemed, or truants i i :> , 1 li.'i KINDEBGART1 duty of district board relative to qualifications of teachers - children entitled to attend .... act to apply to other schools . . 253 L. ,ABOR: act to secure payment to sub-contractors for 602-5 DAY: observance of, by public schools 267 ul'NTY: ui of county commissioner of schools in 287 "limit 'of tax on, for building schoolhouse. . . 45 i not taxed for proceedings to obtain, for schoolhouse site 10J-K district in cities of j.-.n.n-.o maj when hoard of education may acquire ' -'1 s .AM) CONTRA' purchaser of land upon, qualified school 42 .AWS. ! rule- Sir libraries, course of study, who to print and distn! U dutv of commissioners and county clerk in distributing '" v '' e. who to secure, length of. 53 duration of, of land for schoolhouse *!* "1 districts may accept, etc ' s ' ' EGIS1 :ired to attend school id to rural acricultur;. annual rep. f control for vocational education oo JABI1 of township clerk for i port of county clerk of supervisor in regard to district - debts and, when a^uim-d by township distri- ' of parent or guardian for failure to send child to M ' ol JBEB . a nee of, in public schools 300 INDEX. The references are to compiler's sections. 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 128,338 care of, etc., who to have 129 librarian of township, by whom appointed, duties, etc 130 where kept 130 when school district may establish 131 township clerk to report statistics of 133 funds for, when forfeited 134 * superintendent of public instruction to furnish statement of 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 145 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 312 free public, maintenance of, in cities 147-48 librarians to report to school commissioner 520 to whom to transmit list 521 LIBRARY BOARD: for county library, who to compose, etc '. 161 LIBRARY BOOKS: preparation of list of 21 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 , 272 when state board of education may issue, to graduates of normal training school in cities of 250,000 ^ 476 principal in rural agricultural school to have 570-71 LINCOLN'S BIRTHDAY: observance of, by public schools 267 LIQUORS: minor children not permitted where, are sold 432 LISTS: of school text-books, when superintendent of public instruction to publish 238 LOAN FUNDS: establishing, for students of certain institutions 497-503 M. MAINTENANCE: of schools, appropriation for 45 MANUAL TRAINING, COUNTY SCHOOLS OF: act to establish 1 549-58 management of 550-57 establishment of, when placed upon approved list, etc 558 MANUAL TRAINING SCHOOLS: school districts may establish, etc 538 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 348 MATERIAL: act to insure payment of sub-contractors for 602-5 MEDICINE AND SURGERY: board of education in certain cities may control, etc., college of 540-46 MEETINGS: joint, of township boards of several townships 29 ,34 when schoolhouse used for public of township boards, in cases of appeal 117,11 of board of education city school district, when held joint, of township board, relative to change, etc.. of boundaries of primary school districts for examination of teachers, when and where held 289-9< township school district, of township board for organization of annual, in, notice, etc 307,31 of board of education in of board of education of board of education, district of third class of board of trustees of rural high schools, when held, etc , 515 (See district meetings.) INDEX. 301 The references are to compiler's sections. MEMBERS: of district board, who to constitute number of, of board of trustees in graded school districts 12 term of office of. hoard of county school examiners, by whom appointed, etc 286 MEMOR1 \!. 1 rvance of. bv public schools MESS] of it-.-islature not required to attend school K'> MICHIGAN superintendent of public instruction to supervise instruction in 1 ( > president of, to approve schools before placed upon approved list to carry on agricultural extension work president of, member of hoard of control for vocational education. . . . MICHIGAN KMI'LOYMKNT INSTITl TION FOR THE BLIND: -:"er of pupils from Michigan school for blind to -117 MICHIGAN H)Mi; AM) TRAINING SCHOOL: superintendent of public instruction to supervise instruction in I'.i MICHIGAN SCHOOL Foil '1 Hi: BLIND: superintendent of public instruction to supervise instruction in compulsorv education of blind children at i< ;in; AN SCHOOL roii Tin: DEAF: compulsorv education of blind children at -1 17 Is ::ntendent of public instruction to supervise instruction in l'i compulsory education of deaf children at 411 . 117 MIL! \ININC: .lishment of optional course of, in all high schools MINORS: not attending dav schools vocational, etc., education of EANOR: when census enumerator guilty of a 68 officers, t'-achers, etc., interested as agent for publishers deemed guilty of \\hen parents deemed guilty of a. . . '. -ill) MOD' to give oath to challenged voter (chairman at district meetings 1 election of, term of office, etc appointment of, to fill vacancy acceptance of office, where filed ]<> to be member of district board :rer and. to audit and pay accounts of director [" and director to approve bond of treasurer against school district made upon penaltv for neglect to perform duties ... M" district board.) primary school fund, what to constitute when withheld from certain districts apportionment of, bv superintendent of public instruct! >n of primary school interest fund ... 75, 8 f ) hen dividing, how apportioned 7-38, 344 districts entitled to receive primary school interest fun 1 entitled to receive certain ... when board may borrow, on strength of voted tax primary school interest fund, to be used only for te accounting of district. >--hool Sfi .in schools barred from public ... 9- district board to applv school, according to law. . . to make report of. at annual meeting ...57 ,.'<'' for certain, by whom drawn and signed d on bond of treasurer J. 1 district board to provide for deposit of .... duties of township treasurer relative to collecting s'-'i t >1 n-lati . " tionment of, to districts by township clerk. . T school ta\. how apportion.- 1 . accrued from o!i"-mill tax, how u- paid by old district-- to n-\v. how applied school, to ! - t tO town>h:: payment of, to fractional districts. . . . county treasurers to apply for. ap: to notify township clerk, etc limitations as to districts borrowing \\hen, for Hie deposited with cou:,- library, when forfeited pn>\iso as to Doit-forfeiture Ttionmen; how used apportionment of. coli town>hip school district, amo ody of, wl. when certain, to In-come town-hip school ni" who to apply for, appropriated for pri;-. public, definition of to ) rate from other funds how us.-d interest on, what to constitute ' ' 1 302 INDEX. The references are to compiler's sections. MONEYS Continued. public officer not to receive consideration for depositing 458 penalty for illegal payment of 461 disposition of insurance , 478 boards of trustees of rural high schools may borrow 513 from U. S., giving assent to grant of, for co-operative agricultural extension work 580-81 paid to secretary state board of agriculture limit of amount of, school district may borrow 621 school districts in certain cities may borrow, for improvements 622-31 (See taxes.) MONTH, SCHOOL: of what to consist 58 MUSIC TEACHER: act to define qualifications of 254-56 N. NAMES: on official ballot, school district of third class, how arranged 1573 NARCOTICS: text-books to consider nature and effects of 60 , 3 1 2 NEGLECT: penalty for, of taxable inhabitant to serve and return notice 139 of district officers to perform duties 140 ,265 liability of township clerk for, to report, etc Ml of county clerk for not transmitting reports of supervisor and township clerk in regard to taxes of parent or guardian to send child to school a misdemeanor 410 NEW YEAR'S DAY: observance of, by public schools . . 267 NOMINATION: of members of board of education in district of third class 372 NOMINATION PETITIONS: of candidate for member of board of education, city school district of candidate for trustee, township school district 306 of candidates for trustees, filing of, etc 608 NON-RESIDENT: when may be attached to district admission of, pupils, tuition, etc 64 tuition of, pupils credit of school tax on tuition of, pupils 122 NORMAL SCHOOL FUND: origin of who to have care of 474 NORMAL SCHOOLS: of other state, when limited certificate granted to graduate of establishment of physical training in 490-93 state board of education to prescribe courses of study, grant diplomas, etc., in '496 (See state normal school.) NORMAL TRAINING CLASSES: superintendent of public instruction to direct supervision of act to establish : 531-37 (See county normal training classes.) NORTHERN STATE NORMAL SCHOOL: A act to establish 484-86 tOTICE: 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 of first meeting in new district 27 , 329 by township clerk when new district fails to organize of meeting of township board to form fractional districts to alter boundaries of special meetings of district board, when and how given of district meetings, to be given by director of township clerk to supervisors of school taxes 74 , 337 who to give, to directors of moneys to be appropriated of apportionment of moneys to districts, to whom given of supervisor and treasurer 9f taxes assessed 80-82 treasurer to give, of money in his possession 85 ,339 county treasurer to give, of moneys apportioned of meeting of district to borrow money in proceedings to obtain site, how given of meeting to organize as graded school district. teachers' examinations, how given ., to teachers of intention to revoke certificate township school district, of election for organization of . of annual meeting in relative to changing boundaries in city districts of registration and election, school district of third class to parent or guardian of non-attendance of child at school, by whom given 410-11 teachers' associations, of formation of, how given of election on establishment of rural agricultural schools, when given of establishment of, to whom given 573 sub-contractor to give written, what to state, etc of election of trustees in cities of fourth class 608 INDEX. PEB \m The references are to compiler's sections. O. OATH: deputy superintendent of public instruction to take L'n tendered to challenged voter at district meetings to he taken as to correctness of census list of juror in proceedinn to obtain site K7 of office, members of board of school examiners to take 286-^7 of election officers, school district of third class of office of election inspectors for election of trustees. . r>ir> OFFICE: acceptance of, to be filed :,n M i.'i .331 affidavit of. as to qualifications tt-rni of, of board of school examiners OFFICERS: who t ligible as school 49 having charge of records to furnish facilities for examination. . 0\K-MILL TAX: disposition of surplus -merit, collection and disposition of 78 (See ORAL METHOD: to be taught in day schools for deaf 6CO ORDER: on treasurer to be countersigned by moderator to be drawn and signed by director - of township clerk on treasury for library moneys 128,336 of superintendent of public instruction relative to insanitarv. etc., achoolhouse, when set aside 616 (See warrants; also moneys ) ORGANIZATION: formation, etc., of new districts 26-31 of graded school district 120-25 of school district certain cities, act to provide for 167-80 cf township school districts in upper peninsula 32944 M-hnol districts; also township board.) OUTHOUSES: in primary districts, county truant officer to inspect 410 P. PAG I etc.. of legislature not required to attend school 408 PAMPHLETS: distribution, etc., of certain, to school districts 510-11 when {leads of state departments to print additional copies 511 NTS AND GUARDIANS: entitled to vote at district meetings 42 required to send children to school -10* duties of truant officers relative to 410 liability for not sending 410 proceedings against to give notice when children desire to have tuition, etc., paid 522 p. \HOCHIAI. SCHOOL: etc., instruction in. to be in English language etc.. superintendent of public instruction to supervise, etc 279-85 defined lixn qualifications of teachers in 1'AKTY I.MHLKM: etc., not to be placed upon school election ballots 221 \LTIKS AND FoRFKITrKKS: not maintaining five months' school district for not maintaining certain length of school 45,78,336 census enumerators for making false returns giving false information to census enumerator damages to library hooks taxable inhabitant for neglect of duties in formation of district district officers' neglect to accept office or perform duties 1 township clerk, for neglect in transmitting reports ... county clerk for not transmitting reports moneys collected for, how applied supervisor and clerk's neglect regarding taxes neglect to teach prevention of diseases district officer*, for not publishing financial statement not purchasing }' . S. flag parent or guardian not sending children to school relative to school attendance by blind children relative to persons responsible for delinquency of children for allowing children to remain in saloons, etc illegal payment of public moneys what deemed 43 PKRMANKNT 1 I \DS: to be under control of school board '-' PERMIT: issue of, for employment of children 408,43 when superintendent of schools, etc., may revoke 304 INtiEX. The references are to compiler's sections. 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 of electors for single school district 303 nomination, of candidate for trustee township school district, filing 306 of member of board of education, district of third class made by - 372 for establishment of rural agricultural school, to whom presented, etc 561 for consolidation of rural schools into rural agricultural schools 561 nomination, of candidates for trustees, filing of , etc 608 PHYSICAL TRAINING: to be taught in schools of certain cities, etc establishment of, in public schools, etc 4flO-93 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 penalty for failure of district board to comply with statute 60 district board to adopt text-books by whom approved, etc 60,220,477 text-books on PLANS: for school buildings, when approved by superintendent of public instruction 015-17 for rural agricultural school buildings, approval of r>()<> PLAYGROUNDS: board of education may acquire land for 548 authorizing cities, etc., to operate systems of recreation and 648-51 POLL LIST: to be kept when voting on issuance of bonds for school election district of third class, who to provide POLLS: in school election, district of third class, time open - POOR CHILDREN: to be furnished with text-books POPULATION: of school districts, how computed PRESIDENT: of board of education, service of process against school district made upon of Michigan agricultural college to approve schools placed upcn approved list 558 PRESIDENT OF THE U. S.: certain days appointed by, observed by public schools PRIMARY SCHOOL INTEREST FUND: constitutional provisions respecting 1,11 five months' school to be maintained to secure apportionment of proceedings in case of defective returns of . when deficiency may be apportioned time school to oe maintained to secure to be accounted for under "teachers' wages fund". upor of b( 11 11,22 23 24 45 54 to be used only for teachers' wages ....." not to be applied to sectarian schools duty of township clerk in distributing how apportioned to districts county clerk's duties relative to county treasurer's duties relative to parochial, etc., schools not to participate in distribution of 285 PRIMARY SCHOOLS: (See schools.) PRIMARY TEACHERS: qualifications of, defined PRINCIPAL: in rural agricultural school, certificate of 570-7 1 PRINCIPALS OF SCHOOLS: duty of, as to violations of text-book law to certify to fact of humane education PRIVATE SCHOOLS: etc., instruction in, to be in English language etc., constitution of Michigan and U. S. to be taught in etc., superintendent of public instruction to supervise, etc 279-85 defined -'*<> qualifications of teachers in PROCEEDINGS: against school districts to obtain schoolhouse site in case of incumbrances '. )on appeal from action of township board board of education city school district to be published, etc PROCESS: service of, against school districts, upon whom made PROPERTY: when township board may sell district to be apportioned on division of district 37-3 when sale of district, may be directed by voters when husband and wife own, jointly care and preservation of district 9 , *** INDEX. 305 The references are to compiler's sections. I IOPERTY Continued. Iaf divided district, vested in city district 168 in territory annexed 170 accounting of, when township organized into single school district sale of, by board of education 312 disposition of, in forming township districts Mil t> hi- apportioned on division of township Mil of school district in territory annexed, to whom belongs 361 uions 438 FBLICAT] of financial statement by school board. . 264 UUII. DIN act insuring payment of sub-contractors in repairing, etc 602 DOMAIN COMMISSION: secretary of, and superintendent of public instruction to select certain pamphlets sent t:> district schools 510-11 FBLIC INSTITUTIONS: instruction, etc., of Inmates in, supervision of 616 1 [JHLir LI I/, K ARIES: (See libraries.) ] UHI.Ic RECREATION AND PLAYGROUNDS: authorizing cities, etc., to operate systems of 648-51 ! UHLir SCHOOLS: etc., constitution of Michigan and U. S. to be taught in 261-62 observance of holidays in 267 observance of Carleton day in 269 1 Declaration of Independence read on certain days in 267 \\hen children attending private, etc., school required to attend 282 ; >lishment of physical training in 490-93 1 UKUSHKHS 1 AGENT: membera of district board not to act as 49 1 li'II.S: when may be suspended or expelled fiii who may be 63 lion of 63,122 n of, to schools 63-64,122,252 uit ion of non-resident 64,312 LTJided school districts, promotion of, in , eclaration of Independence read to certain, on certain holidays 267 wnship school district, rate of tuition to non-resident 312 unlawful to organize, etc., fraternity, etc 434 admission of, to normal school 469 troviding for payment of tuition and transportation of eighth rade 522,525 ansportation of, to and from rural agricultural schools 567 te aid for transportation of 572 ALIFICATK of music, etc., teachers 254-56 hers in parochial, etc., schools 281 of voters at district meetings 306 uperintendent of schools 312 RSTIONS: >n for teachers. . -"'" H. 1:1 of rural high schools may hold 515 11ECEIPT: when township treasurer to take duplicate 86 IIECORD: school district, superintendent of public instruction to exami:i". et:- of proceedings 27,66 director's, to be evidence of organization of district of office who to provide, books for proceedings of district meeting re havini: charge of. to furnish facilities for examiirition of report o uinual meeting 5< ,340 of puoils of moneys to be kept by district treasurer in In- 1-ept of consent of trustees in alteration of irrad-- I school district of certificates L'n-nted to teacher-;. wh \\ho to keep, of examination held by board of school examiners RECREATION authorizing cities, etc . to operate -\stem.s of public 648-51 :IECHI:.\TION CKNTKK: use of Bchoolhouse, etc., for. ... 1EFKHKND! on ele.-tion of M.-hool bonrds in certain cities on consolidation of school districts on question of dividing school districts into votintr precincts on question of reiri-t rat ion of electors in certain city districts on disbandmeiit of township school district 304 on issue of bonds for maintenance of free public libraries 148-49 s 306 INDEX. The references are to compiler's sections. REFERENDUM Continued. on uniting two township districts operating under special acts 353 on act to classify certain school districts 381 of establishment of county agricultural, etc., school 549 on question of voting, etc., taxes in certain school districts 642 REGENTS: cf the university, how elected, etc 5-7 may grant certain certificates 271 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 370 first, when made 370 notice of, how and when given. . 371 REGULATIONS: for government of schools 62 , 336 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 495 REMOVAL: of certain officers by governor 19 from district to vacate office 47 of schoolhouse from leased site 53 of officers in graded school district. . , L21 RENEWAL: of teacher's certificate, when made, etc 290 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 district board to make, at annual meeting 57 , 340 directors to make annual of director, where filed to whom made in fractional districts . treasurer of school district to make annual township clerk to make triplicate board of education to make triplicate township clerk to make certain, to treasurer and director supervisor to, taxes assessed to township treasurer township clerk's duties relative to of t9\vnship clerk and board of education relative to libraries liability of officers for failure to make . monthly, of truant officer, relative to children of indigent parents. board maintaining day schools for deaf to make of state board of control for vocational education. . , RESIDENTS: notified of first meeting in school district qualifications of, to vote at district meetings rights of, to attend school exceptions of, in school census. ESOLUTION: 69,72 70 71 72 72 76 81 88 133-34 141-42 of board of education city school district, what to contain to whom academies, etc., to make county commissioner of schools to make 293 township school district, annual, what to contain, etc of school moneys received, when made, etc 315 state board of education to make, to legislature 471 publication, etc., of, of superintendent of public instruction 507-9 board of trustees of rural high schools to make certain 512 562 585 27 42 63 67 RESOi on consolidation of school districts, when territory annexed what to set forth 193 RETIREMENT FUND: teachers', act providing 440-53 REVOCATION OF TEACHERS' CERTIFICATE: by board of school examiners by state board of education 467-68, 476 ROOSEVELT'S BIRTHDAY: observance of, in public schools 267 ROUTES: designation of, for transportation of pupils to and from rural agricultural schools 567 RULES: (See regulations.) RURAL AGRICULTURAL SCHOOLS: graduate of county normal may teach in 534 act providing for establishment of 559-77 site for, approval, etc 560 petition for establishment of county commissioner of schools may number 562 INDEX. 307 The references are to compiler's si- -tio:i>. iURAL HIGH SCHOo an act to establish or discontinue when question of, submitted to electors. . . r.12 board of trustees of, when and how elected :. i i term of office . Ml duties lURAl '.DISTRICTS: when consolidation of, effective v, hen, annexed to rural agricultural district when, consolidated, election of trustees, etc detined when, may consolidate what to include. . t ALARY: of superintendent of public instruction : of deputy and assistant superintendent of public Instruction. . of school' officers, when may be changed of teachers not affected because of holidays 267 of stat>- director of physical training -I'.i:-; -ALK 01- I'KOI'Kin Y: \shen, made by township board to be directed by districts !" when made by district board r>:i SALOON: children not permitted in, gambling h<> 432 vALT SI'KINC LANDS: interest on proceeds from, application of 15 SCHEDULE: of places, etc . for holding examinations, publication of 280 SCHOLAl pupils.) SCHOLAR8H] school districts may maintain 538 SCHOOL: to be free 11,329 to be maintained at least live months ' 11 public, superintendent of public instruction to supervise instruction in when, may be discontinued in a district time necessary to be maintained 45,336 who to fix minimum length of time of 45.336 who to estimate and vote taxes for support of 54 ,337 not to be sectarian r of, to be kept by teachers district board to prescribe text-books for pupils may be suspended or expelled from 62 penalty for disturbing <>-' district board to establish regulations for 62,336 rit pupils admitted to not to be separated on account of race 63 statistics of. to be, reported by director may be graded fi3 . 122 admission of non-resident pupils to >! .:rj l'- board of trustees of rural high, to visit rural agricultural, ait providing for establishment of in cities of fourth class, board of education, etc tl( " ; ~ SCH<"I. AIM'AK A I provision for 45 SCHOOL BOARD: (See district board.) mav permit use of schoolhouse, etc., as recreation renters SCHOOL HOI > SCHOOL Mfll. DINGS: i>sue of bonds in city school district for erection of ... plans for. when approved by superintendent of public instruction 01. -l. SCHOOL CENSUS: when and how taken 67 in city school district, who to provide for. etc 187 SCHOOL DISTRICTS: apportionment of primary school money to of what composed to be numbered 26 formation of . . 26-31 308 INDEX. The references are to compiler's sections. SCHOOL DISTRICTS Continued. formation of fractional when deemed legally organized when may be dissolved corporate powers of : name and style of when consent of taxpayers to be obtained to alteration in when persons outside, may be attached alteiations to be repprted to director division of property in forming new, from old meetings of, when held, etc may borrow money on strength of voted tax who to make annual report of who to appear in suits for or against treasurers of, to file bond, duties of, etc map showing boundaries to be made moneys to be apportioned to when moneys paid by old, to new levy and collection of taxes in fractional may borrow money for sites and buildings .... to pay indebtedness may vote to pay money borrowed per capita tax in, to pay school expenses, etc. . suits and judgments against service of process against, upon whom made . . judgments against fractional appeal from action of township board what districts may organize as graded organization of, etc., graded change of, from primary to graded. may issue bonds for public library act to provide for organization of certain in certain cities, limit of amount levied for general school purposes. . . when township board may divide or change boundaries of consolidation of consolidation of, with city school district consolidation of, in incorporated city city, division of, into election precincts, referendum. . . registration of electors in city, registration of electors in, referendum copies of lists of text-books to be sent to may purchase listed text-books how authorized to purchase and sell text-books re-sale of books, on removal from to employ legally qualified teachers officers of, when to deliver books, etc., to township board of education. . township, board of education in, election, term, etc township, organization of in upper peninsula how township districts in upper peninsula may change to primary change of boundaries of city act to classify certain of 12,000 and less than 75,000, third class division of, into classes of 500 and less than 12,000, fourth class of third class, division of, into voting precincts advanced courses of study authorized In certain who to provide course of study, etc., for distribution, etc., of state pamphlets, etc., to providing for transportation of certain pupils in may establish trade, etc., schools, etc when consolidated, disposition of property of officers of, to require bond to insure payment of sub-contractord cities of fourth class, to constitute single board of education, election, etc designating sites outside of boundaries of certain limit of amount of money, may borrow in ceitain cities may borrow money for improvements in cities of 60,000 or under, voting, etc., taxes for highway to be established to every school building in authorizing, etc., to operate systems of public recreation and playgrounds may provide home for teachers SCHOOL ELECTIONS: in newly organized city school district, who qualified voter at annual, in districts of third class when held SCHOOL ELECTOR: who qualified, in district of third class SCHOOL EXAMINERS: (See county board of school examiners.) SCHOOL FOR THE BLIND: superintendent of public instruction to supervise instruction in SCHOOL FOR THE DEAF: superintendent of public instruction to supervise instruction in SCHOOLHOUSES: when certain persons not liable to tax for building not needed may be sold v 6i ' 4 building committee may be appointed districts to vote tax for appendages to 29 30 30 32 32 34 35 36 37 39,45,332 54 57,340 71 71 73 75-76 79 80 90 93 93 94 95-101 96 100 ' 117-19 120,124 120-25 125 155-59 167-89 182 190 191 192 198-206 207-24 217-19 226 238 242 242-43 244 297 303 306 305 329-44 345-47 348-51 356-82 357 357 357 369 495 507 510-11 522-23 538-39 563 602 606 607 613-14 621 622-31 637 -J3 (5 1 f> 648-51 (53 55 175 365 367 37 45 INDEX. 309 The r; I'erences are to compiler's s< i ,.">:< ,:n 2, 326 ax for buildin.tr, limited 45,337 >pard to procure 53,336 listrict board to have care of, etc 59 vhen open or dosed for public meetings 59 lirector to provide appendages to 66 imitation of Indebtedness to build 90 >onds may be issued to build 90 loan! of education may acq.iire sites for 548 sale of tax homestead lands for sites 608 ;>lans for, when approved by sin erintendent of public instruction 615-17 superintendent of public instruction to approve heating system installed in 618 "actory inspectors may order tire escapes on 644 township board to establish public highway to every 645 use of, us community or m-reation center.' 652 B IK 101. INSl'KCTOHS: .lectors qualified to vote for, how governed 42 election of, in certain cities 164-C6 S ' HOOL LOTS: amount of tax levied in city school district for purchase of 182 E 'in MIL MONEYS: (See monevs.1 S ,'HOOL MONTH: of what to consist 58 S HOOL OFFICERS: district, election of 45 when salary of, may be changed 54 not to be interasted 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 267 county commissioner to call meetings of, of county 300-2 S 'HOo'L Hi:C()HDS: officers having charge of, to furnish facilities for examination 52 SCHOOL SITE: in citv school district, issue of, bonds for purchase of 183 S 'HOOL T \.XKS: who (nullified to vote on, in certain cities ? 42 SCHOOL TRUSTEES: election of, in cities of fourth class 608 S3HOOL YEAR: when to commence, length of 1 1 ,39,42 SCHOOL FOR DEAF: act establishing day 596-601 SECRETARY: of board of education city school district not to be member 17'.) school district of third class, duty in election 374 SECRETARY OF STATE: oath of deputy superintendent of public instruction filed with 20 SKCKKT SOCI'F.TIKS: abolishment of. in public schools, etc 434-36 SECTARIAN SCHOOLS: not to receive public moneys 56,406 SERVK K OF I'Hori airainst >chool districts, upon whom made 95 I'.NE: not to be taught in public schools 491 EHERIFF: to remove respondent from school property Ill EIQN ' number required on petition nominating membt r district board of education 221 ! [NGLE SCHOOL DISTRICT: cities comprising, who qualified electors in school elections organisation of township into 329 term defined 623 ^ IN KINO ITN'D: school district to provide, for redemption of library bonds creation of, in certain districts, what to include 633 custody o: 634-36 Ml E8 FOE >< IHOOLHOT S when not needed may be sold 37,53 notice of meeting to change voters to direct procuring of ]r;iM' or purchase of 15,63 .^ may grant 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 235 to send copies of text-book lists to school authorities 238 duty of, as to violations of text-book act when may suspend right to sell text-books 239 when to declare bond forfeited 239 board of education subject to removal by, upon failure to establish course of military training 260 proof of publication of proceedings of annual school meeting, etc., filed with incorporated academies to report to 270 to supervise, etc., parochial, etc., schools 279-85 may investigate private, etc., schools forms of teachers' certificates to be prepared by questions for examinations of teachers to be prepared by to send examination questions to examining officers 200 prescribe form of rules for boards of school examiners to appoint assistant conductor of institutes annual reports of county commissioner to be made to to assist county commissioner at county meeting of school officers when, may remove school trustee from office appeals to, in actions relative to school districts annual county teachers' institutes to be held by may appoint conductors of teachers' institutes when, may draw on state treasurer for aid to teachers' Institutes expenses for state institutes, how drawn by .... establishment of bureau of information in office of to provide instruction for adult blind persons 419-22 a member of teachers' retirement fund board to appoint state director of physical training may prepare certain courses of study, etc who to distribute report of to prescribe forms for publication and distribution of report and secretary public domain commission to select pamphlets sent to school di- to approve course of study for rural high schools board of trustees of rural high schools to make, certain report to when may grant permission to establish county normal training classes to be member of county normal board to prescribe form of certificate of graduation from county normal trainin;- < to have general supervision of county schools of agriculture, etc to approve schools before placed upon approved list \vhe.n, may approve site for rural agricultural school ... notice to, when in favor of establishing rural agricultural school to approve plans for rural agricultural buildings notice, to. when school established to cause inspection of 312 INDEX. The references are to compiler's sections. SUPERINTENDENT OF PUBLIC INSTRUCTION Continued. may investigate route over which pupils transported 567 to report to legislature number, etc., of rural agricultural schools receiving state aid 577 duty of, relative to establishment of day schools for deaf 596-601 member of state board, of control for vocational education executive officer of 584 may condemn schoolhouses 611 when to approve plans for school buildings 615-17 when may close schoolhouses 616 to approve heating system installed in schoolhouse 618 to approve course of study in certain institutions 646 qualifications of teachers in public institutions to be approved by 647 salary of 656 SUPERINTENDENT OF SCHOOLS: powers and duties of, in graded school districts city school districts, election of, etc 185 duty of, as to violations of text-book act 239 in township districts, by whom employed 312 when president of board of education to perform duties of duty of, as to truants 410 permit of, for employment of children 433 SUPERVISORS: map of township to be filed with township clerk to certify taxes to 74 ,337 to assess school taxes 77 , 337 to assess ome-miU tax equalization of taxes by certifying and levying taxes in fractional districts by 80 to deliver warrant for collection of taxes to township treasurer to assess judgment against school district 101 liability for not assessing taxes 144 (See taxes.) SURETY BONDS: payment of premium on ' 45,472 treasurer may furnish 121 ,472 SUSPENSION: of pupils from school of teachers' certificates of pupils organizing fraternity, etc .- 435 SYSTEM OF HUMANE EDUCATION: act to provide 247-49 T. TAXABLE INHABITANTS: duties in relation to formation of district penalty for neglect of duty 139 TAXATION: constitutional provisions relative to exemption of school bonds from 620 TAXES: how surplus of one-mill, may be applied non-taxpayers not to vote on question involving for repairs to schoolhouse 45 for building schoolhouse or purchasing site for apparatus, etc., for schoolhouse. limit of, for certain purposes amount of, for services of district officers .'.... for incidental expenses limit of, for support of school 45 45,337 54 54 54 estimated and reported by district board 54 , 337 report of, by board to township clerk money raised by, not to be diverted .... for books for indigent children assessed on division of district when reported to supervisor apportionment of, when collected failing to be assessed, to be levied the next year 56 61 74 74,337 76 77 supervisor to assess. .' ". 77-78,337 assessment of : duties of township treasurer relative to collecticn cf 77,82 assessment, collection and disposition of in township before any school is maintained assessment of, when district divided certifying of, in fractional districts equalization of warrant for collection of apportionment of, when district is divided 83 ,344 for school purposes to be paid next to township expenses when township treasurer to pay out certain. . may be raised to pay borrowed money per capita, to pay school expenses, etc judgments against districts 86,339 92 94 D 101 when, credited on tuition of non-resident pupils for support of libraries liability of supervisors for not assessing 144 INDEX. 313 The references are to compiler's sections. 1' A X ES Continued. for maintainance of county library, amount, etc ic.o for touchers' wages, etc., board of e lucation to vote township school distri-t, report of :il'J amount of, how determined, et :tl school, to be kept in separate column on as-essm-nt roll :-t!7 school, to be in separate column :<: board of education to vote, for payment of tuition, etc., of eighth grade pupils .'.L'_' school, voting, etc., in cities of 60,000 or under r. f\\ HOMESTEAD LANDS: >ale of. for sites for schoolhouses 612 3ERS: I)ayment of, from primary school interest fund 11 public moneys not to be paid to, not holding certificates to keen school register to be furnished with copy of contract contracts with 58, 122, 336 employment of to file certificate of instruction in physiology, etc., with director 60 districts employing unqualified, deprived of primary '::oney 72 not to act as agent for school books, etc to certify to humane education in school 249 qualifications of 251 act to define qualifications of certain 254-56 to give instruction regarding prevention of communicable diseases salaries of, not affected because of holidays 267 when to have Declaration of Independence read who to give, certificate to graduates of certain colleges 272 ,274 school, certificates granted only to citizens of U. S in private, etc., schools, qualifications mination of, by county board of school examiners 289-9( certificates given to, by county board of school examiners 290 grades of, certificates revocation or suspension of certificates 292,468,476 records of, certificates to be kept list of, to be furnished township clerk school district to employ legally qualified 297 in township school districts, by whom hired, contracts, etc fees, to pay on obtaining certificates- * may close school to attend institutes 401 registration of, desiring employment duty of, as to truants duty of, in reporting fraternities, sororities, etc 435 contributions of, to retirement fund when entitled to annuity school, what deemed certificates given to certain pupils of state normal school 467 ~ state board of education to grant certain certificates ination of, by state board of education with whom to file certain certificates who to appoint, for rural high schools to make monthly report regarding children of Indigent parents how qualified by certificates of county normal training classes how provided for employment of, in day schools for deaf fl(l " in public Institutions, superintendent of public instruction to approve qualifications of 647 TEACH 1. 1. ! VTIONS: formation and incorporation of 4 ? 7 ~r 9 principal in rural agricultural school to have 570-71 superintendent of public instruction to appoint instructors, etc funds for support of, how raised 398-9! annual, to be held In each county counties may be united in teachers may close school to attend conductor of, may be appointed s of, how paid state treasurer to aid state, to be held annually Of, ho\v paid '. 8 vouchers for. where filed r 40 <5 who may publish outlines for S 07 . act providing 440-53 TEACm:i;>' in ill:' \i> BOA who to compose, duties, etc 44 " tary of. salarv. etc TEACHERS' \\.\i when primary school fund Insufficient to pay *4 not affected because of holidays -'" TEACH I :!:> WAGES FUN primary money to be accounted for under in township school district, tax for 6l * 314 INDEX. The references are to compiler's sections. TERM OF OFFICE: of state officers 4-9 district officers 46,120,326 of members of certain city boards of education 164 , 172 members of board of school examiners 286 of members of board of education, district of third class 374 board of trustees of rural high schools 514 of trustees in cities of fourth class 606 TERRITORIAL LIMITS: of school district, increase or decrease of 357 TEXT-BOOKS: by whom prescribed 60 not to be changed within period of five years 60 on physiology, etc., by whom approved 60,257,477 use of, relative to nature and effects of alcoholic drinks 60,312 to be approved by state board of education 60 ,312 to be furnished to indigent children 61 district board to purchase, when authorized 229-30 when to be property of district 230 when proposals for, advertised .* who to make contract for furnishing who to estimate amount necessary to purchase when district board to purchase 233 , 257 penalty for failure of district board to comply with law 234 only listed, to be used in public schools 235 retail dealers' profit on 241 purchase of, when family removes from district regulation of sale of conditions of sale of 240 filing of copies of statement of price list of 235 bond to be filed by dealer in 236-37 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 . 240 illegal charges for 241 purchase and sale of, by districts 243-44 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 527 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 , 334 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 , 344 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 , 336 on determining site, to certify to directors : . . when to deteimine schoolhouse site 102 , 336 appeal from action of 1 17-19 restricted in altering boundaries of giaded school districts may dispose of library or merge into free public library duties of, concerning libraries 126-3! to purchase books for township library 128 , 336 to apply for library moneys 128 , 336 to have care of township library when to issue bonds for free puolic libraries. . . when may consolidate school districts . examination of reports of, by county commissioner of schools township school district, meeting of, relative to organization when to divide property between fractional districts city districts, boundaries, authority to change 191 293 : ; . ; 303 305 , 348 wlien may submit question of rural high schools may order election of trustees of rural high schools to establish highway to every school building 645 TOWNSHIP CLERK: notice of formation of new district to be given by 27-28 ,329 to give notice of meeting of township board to notify director of alteration in district director to make annual report to to receive and dispose of communications to make triplicate reports of school districts, etc to perform services required by superintendent of public instruction duty of, In distribution of primary money 72 INDEX. 315 The references are to compiler's sections. T< >WNSII IP CLERK Continued. duties of 72 records, reports, books, etc., to be kept on lile. by 72 ,X4<) map of township to be filed by, with supervisor to report taxes to supervisor 7 1 . :',:< J to apportion moneys to district 7 ">-7<> to give notice to director of moneys apportioned 76 to apportion one-mill tax 7K duty of, In appeals from township board 1 17 to represent township in legal action relative to libraries IL'I; report of, to superintendent of public instruction relative to libraries 133-n t liability for neglect in transmitting reports Ml liability for not reporting taxes to supervisor 144 list of teachers to be furnished to 293,340 township school district, duty relative to organization of .103,306,309 boundaries of city districts, map showing change in, filed with 348 to draw books for township officers to be clerk of board of trustees of rural high schools 514 tax for payment of tuition and transportation of pupils to be reported to 523 TOWNSHIP DISTRICT: organization of 329-44 officers of, board 326 time and place of meeting of, board 332-34 board, duties of 336 amount of tax voted for report of, board 340 disposition of property 341 compensation of, board 343 division of 344 TOWNSHIP SCHOOL DISTRICT: board of education to have charge of library in when township board may divide, etc., boundaries of 190 certain graded school district not included in 303 relative to organization of 303 trustees in, election of referendum on dinbandment of board of trustees for, term of office of , etc 306 certain, operating under special act, provisions governing election of trustees In when, altered by annexation to another township when electors aggrieved by formation of in upper peninsula, change to primary district 345-47 petition for submission of question changing boundary lines of certain under special act, uniting, etc., of 352-55 TOWNSHIPS: authorizing, etc., to operate systems of public recreation and playgrounds 648-51 TOWN SHIP TREASURER: ' warrants on, by whom signed . 65-66 to apply to county treasurer for moneys to give notice of moneys to township clerk when to take duplicate receipts to draw warrant for collection of taxes vt "> dutit-s 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 ,336 library moneys to be paid by, to Inspectors 128, 332,336 to recover penalties, etc., from certain offlceis Ml . } -l -\ In township school districts, duty of to be treasurer of board of trustees of rural high schools 514 TOWNSHIP rxiT DISTRICTS: organization of in 1". P.. appointment of truant officers in '"'- 1 'I i; \i'i:. ETC., SCHOOLS: school district mav establish, etc 538,548 INC CLAS ouuty normal training classes.) TRAiNiNc, SCHOOL: in connection with state normal school 466 TRANS ION: of pupils, vehicles for, how constructed, etc providing for, of eighth grade pupils of pupils to and from rural agricultural schools of pupils, state aid for '1 REA8TJR] of hoard of education, distilct of third class, duties TREASTRKR OF DISTRICT: acceptance of office to be member of district board when and how, may be removed and moderator to audit directors accounts to make certain report to district board port ly d to pay orders legally drawn, from proper fund bond required of ... deposit of moneys by to appear for district in suits 316 INDEX.