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i - J i T A i ' examination.

to submit the questions aforesaid to any candidate who may
desire to enter the agricultural college. The examination shall Examination,
be conducted in the same manner as are the regular teachers'
examinations of the county. The work of each and every can-
didate, together with the name and address, shall be for-
warded by the commissioner, within five days from the date of
Ihe examination, to the president of the college, who shall
examine and grade the answers and report to the candidate
within five days of the receipt of the paper the result of the
examination. A standing of seventy per cent in each branch
will admit to freshman class of the college without further
examination.



TOWNSHIP SCHOOL DISTRICTS IN THE UPPER PENINSULA.

An Act for the organization of township school districts in the Upper

Peninsula.

[Act 176/1891.]

The People of the State of Michigan enact:

(191.) 4823. SECTION 1. Whenever the qualified elec- Petition for
tors of any. organized township -in the upper peninsula desire or & amzation -
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 cierk to notify
petition, 'the township clerk shall notify the members of the board -



so



GENERAL SCHOOL LAWS.



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 quali-
fied to vote at school meetings, and if it be found that .a
majority of the voters so qualified to vote have signed the
petition that the organized township of which they are resi-
dents be organized as a single school district, the township
board shall give notice by posting notices thereof in five
public places in said township, that on the second Monday
of July the following officers will be elected for such school
district; and they shall make and file, both with the county
clerk and with the county commissioner of schools of the
county in which such township is located, a certified copy of
the above mentioned petition, together with their finding and
doings thereon; and when the district officers shall have been
duly elected and shall have filed their acceptance with the
township clerk, such township shall become a single school
district which shall be subject to all the general laws of the
State, so far as the same may be applicable, and said district
shall have all the powers and privileges conferred upon graded
school districts by the laws of this State, all the general pro-
visions of which relating to common or primary schools shall
apply and be enforced in said district, except such as shall be
inconsistent with the provisions of this act : Provided, That,
immediately after the organization of the township district,
the board of education may divide the township into such
number of sub-districts as they may deem necessary for the
accommodation of all children of school age therein, desig-
nating the same as follows: Sub-district number one, sub-
district number two, etc.



When town-
ship to be-
come single
district.



Proviso as to
sub-districts.



Am. 1903, Act 154.

This act is constitutional. Perrizo v. Kesler, 93 / 280 ; Keweenaw Ass'n v.
Sch. Dist., 98 / 441. The provision, authorizing the township board and
school inspectors to determine whether a majority of the qualified electors of
the township have signed the petition, is sufficient. Id. As to filing a cer-
tified copy of the petition, etc., with the county commissioner of schools, in-
stead of with the secretary of the board of school inspectors, see Id. 284.



Board of edu-
cation, how
constituted.



(192.) 4824. SEC. 2. 'The officers of said district shall
consist of five trustees, who shall constitute the board of edu-
cation of said district, and the term of office shall be three
years. On the second Monday of July following the action of
the township board, as stated in section one of this act, the
qualified voters of the township shall proceed to elect from
their number, by ballot, one trustee for the term of one year,
two for the term of two years and two for the term of three
years, and annually thereafter a successor or successors to
the trustee or trustees whose term of office shall expire. The
term for which the person voted for is intended shall be
designated on the ballot. The qualifications of voters and the
conditions of eligibility for office holding shall be the same as






GENERAL SCHOOL LAWS. 81

provided in the general school laws. At the first election held Elections,
in said district, the township board shall act as a board of ducted?"
election, and they shall canvass the votes in the same manner
as votes for elective township officers are canvassed. At suc-
ceeding elections the qualified voters present shall designate
three qualified voters to act as a board of election and board
of canvassers,, who shall respectively take and subscribe the
constitutional oath of office, which oath any member of the
board of trustees may administer. In the election of trustees
the person or persons receiving a majority of all the votes cast
shall be declared elected, and he or they shall hold office until
his or their successor or successors shall have been duly elect-
ed and filed his or their acceptance. The annual meeting of Annual meet-
said district shall occur on the second Monday of July in each he?d when
year, at the usual place of holding the annual township meet-
ing, and it shall be the duty of the secretary to give notice of '
all annual meetings and of any special meeting of said district
by posting a written or printed notice thereof in at least five
conspicuous places in said township at least five days prior to
said meeting. At the first school meeting and all succeeding
annual meetings the polls shall open at three o'clock p. m.
and be kept open four hours, during the last hour of which
time the voters shall transact such business as may lawfully
come before them, according to the provisions of section nine
of this act. In all townships organized prior to April first, First eiec-
nineteen hundred three, under the provisions of act number held! '^certain
one hundred seventy-six of the public acts of eighteen hundred townships.
ninety-one, the first election of trustees under this act shall
be held on the second Monday of July, nineteen hundred three,
in the manner provided in this section for the election in a
township newly organized as a single school district; and im-
mediately thereafter the records, property and documents -be-
longing to said district shall be turned over to the newly
elected board of education : Provided, That the district oflfi- proviso.
cers elected at the annual election in April, nineteen hundred
three, under the provisions of act number one hundred seven-
ty-six of the public acts of eighteen hundred ninety-one, shall
act as the board of education until the trustees elected on the
said second Monday in July, nineteen hundred three, shall
have filed their acceptances and become duly qualified.

Am. 1903, Act 154. 9

Perrizo v. Kesler, 93 / 283.

(193.) 4825. SEC. 3. Within five days after the tot Officer, ho*
election under this act, the township clerk shall notify, in Section
writing, the persons elected trustees of their election, and
within five days thereafter said trustees so elected shall take
and subscribe the oath of office prescribed by the constitution
of this State, before any officer authorized to administer oaths,
and file the same with the township clerk: Provided, That Proviso,
after the district shall have been organized under the provi-
11



82



GENERAL SCHOOL LAWtt.



Board of
education,
how organ-
ized.



Duties of
president.



Secretary.



Treasurer.



sions of this act, the members of the board of education shall
file their acceptances with the secretary of the board.

Am. Id.

(194.) 4826. SEC. 4. The members of the board of edu-
cation shall meet on the fourth Monday of July following the
first election under this act and elect from their number a
president, a secretary, and a treasurer, who shall severally serve
in such capacity during his term of office and until his succes-
sor shall have been duly elected and duly qualified. The pres-
ident shall preside at all meetings of the district, and of the
board, and perform such other duties as are required of the
moderator in a primary school district. The secretary shall
faithfully record all proceedings of annual and special meet-
ings of the district and of all meetings of the board, receive and
file all records, papers, and other documents belonging to the
district, and perform such other duties as are required of the
director in primary school districts. It shall be the duty of
the treasurer in each district to execute and file with the sec-
retary, within ten days after his election or appointment, a
bond in the full amount of money to come into his hands as
such treasurer during his term of office, as near as the same
can be ascertained, with two sufficient sureties who shall be
residents of the same county, or shall furnish a similar bond
of some surety company authorized to do business in this
State, to be approved by the president and secretary of the
board, conditioned for the faithful performance of his duties
under this act, and honestly accounting for all moneys coming
into his hands belonging to said district. It shall be the duty
of the treasurer of said board to apply for and receive from the
township treasurer, or other officer holding the same, on the
presentation of a warrant signed by the president and secre-
tary of the school board, all moneys appropriated or appor-
tioned for primary schools and for district library of said dis-
trict. The said treasurer shall have the keeping of all school
and library moneys, and shall not pay out the same without
the authority of the board, upon warrants or orders drawn
upon him and signed by the secretary and countersigned by the
president; and he shall perform such other duties as are re-
quired of the treasurer in primary school districts.

Am. Id.

(195.) 4827. SEC. 5. Said board of education shall
have power to fill all vacancies that may occur in the office of
trustee until the next annual election, and such trustee shall
file with the secretary of said board his oath ctf office within
five days after such appointment by the board.

Am. Id.

(196.) 4828. SEC. 6. A majority of the members of
said board shall constitute a quorum, and the regular meet-



Vacancies.



Quorum,
meetings, etc.



GENERAL SCHOOL LAWS. S3

ings of said board shall be held on the fourth Monday of
March, June, September, and December in each year, and no
notice of such meeting shall be required, and any two members
of said board shall be sufficient 'to adjourn any meeting from
time to time until a quorum is present. Special meetings of
said board may be called at any time on the request of the
president, or any two members thereof, in writing, delivered
to the secretary; and the secretary, upon receiving such re-
quest, shall at once notify each member of said board of the
time of holding such meeting, which shall be at least two days
subsequent to the time of receiving such request by said secre-
tary : Provided, That in case all the members shall sign a proviso,
waiver of notice on the minute book of the secretary no notice
shall be necessary. All records and papers of said district
shall be kept in the custody of said secretary and shall be open
to the inspection of any qualified voter of said district.

Am. Id.

Shafcr v. Sch. Dist., 116 / 206.

(197.) 4829. SEC. 7. The said board shall be the board TO be board
of school inspectors for said district and shall, as such, report inspectors,
to the clerk of the county in which such township is located
and shall have all the powers and perform all the duties now
enjoyed and performed by boards of school inspectors; and
the secretary of said board shall perform all the duties re-
quired by law of the chairman of the board of school inspect-
ors; and the board of school inspectors for such township is
hereby abolished, except as its powers are vested in said board
of education.

Am. Id.

(198.) ' 4830. SEC. 8. The board of education of said Powers and
district shall have power and authority to designate and pur- dutles -
chase schoolhouse sites, erect buildings and furnish the same,
employ legally qualified teachers, provide books for district
library, make by-laws relative to taking the census of all
children in said district between the ages of five and twenty
years, and to make all necessary reports and transmit the same
to the proper officers as designated by law, so that the district
may be entitled to its proportion of the primary school interest
fund ; and said board shall have authority to make all needful
regulations and by-laws relative to the visitation of schools;
relative to the length of time school shall be kept, which shall
not be less than five months in each year; relative to the
employment of teachers duly and legally qualified; relative
to the regulation of schools and the books to be used therein ;
and generally, to do all things needful and desirable for the
maintenance, prosperity, and success of the schools of said
district, and the promotion of a thorough education of the
children thereof. When in any contiguous territory of said
township district there are ten or more children of school age,



84



GENERAL SCHOOL LAWS.



living not less than three miles, nor more than eight miles,
from any schoolhouse in said district, the board of education
shall, upon the petition of a majority of the parents or legal
guardians of said children, provide school advantages for such
children, either by establishing a sub-district, or by providing
transportation to some school already established within the
township.

Am. Id.

1'errizo v. Kesler, 93 / 283.



Electors to
determine
amount to
be raised.

Proviso as to
neglect.



Proviso as to
amount.



Taxes to be
set forth in
roll.



Treasurer to
report to
board.



Board to

make annual

stateiiic nl.



(199.) 4831. SEC. 0. At each annual' school meeting
held in said township, the qualified voters present shall deter-
mine the amount of money to be raised by tax for all school
purposes for the ensuing year: Provided, That in case the
voters at any annual school meeting shall neglect or refuse to
determine the amount to be raised as aforesaid, then the board
of education shall determine the same at the first regular
meeting thereof, which amount the secretary shall, within
thirty days thereafter, certify to the supervisor of the town-
ship, who shall spread the same upon the regular tax roll of
said township, and the same shall be levied, collected and re-
turned in the same manner as other township taxes : Provided,
That for purchasing school lots and for erecting schoolhouses
no greater sum than three mills on the dollar of all the taxa-
ble valuation of the real and personal property in said town-
ship shall be levied in any one year.

Am. Id. Auditor General v. Duluth, South Shore, etc., 116 / 122 ; Auditor
General v. Sparrow, 116 / 576.

(200.) 4832. SEC. 10. All taxes assessed within said
township for school purposes shall be set forth in the assess-
ment roll of said township, in a separate column, apart and
distinct from all other township taxes.

(201.) 4833. SEC. 11. The treasurer of the township
shall, at any time, at the written request of said board of
education, report to said board the amount of school money
in his hands, and shall, on the order of the secretary of said
board of education, countersigned by the president, pay to
the treasurer of said board, all or any of such money.

Am. 1903, Act 154.

(202.) 4834. SEC. 12. The said board shall annually,
prior to the second Monday of July in each year, make a
detailed statement of the number of schools in said district,
the number of teachers employed, the number of pupils in-
structed therein during the preceding year, the expenditures
of said board for all purposes, the resources and liabilities of
said district, and also an estimate of the necessary expenses
for the ensuing year exclusive of the income from the primary
school interest fund and one mill tax, which report or state-
ment shall be entered at length in the record of said board and
shall be publicly read by the president of said board, or in



GENERAL SCHOOL LAWS. 85

his absence by the secretary thereof, to the voters of said
township, at their annual meeting on the second Monday of
July.

Am. Id.

(203.) 4835. SEC. 13. All school property, both real Disposition of
and personal, within the limits of a township incorporated as property.
aforesaid, shall, by force of this act, become the property of
the public schools of such township, and all debts and liabili-
ties of the primary school districts of said township, as they
existed prior to its incorporation under the provisions of this
act, shall become the debts and liabilities of said public
schools of the township so incorporated.

While the injustice and inequality of this section may well be admitted in
certain cases, yet there is no constitutional objection to it. Perrizo v. Kesler,
93 / 283-4.

(204.) 4836. SEC. 14. All money raised or being raised
by tax, or accrued or accruing to the school districts of said
township, as organized under the primary school laws of this
State shall hereby become the money of the public school of
the township, and no tax heretofore ordered assessed or levied
for school purposes in said township, or other proceedings,
shall be invalidated or affected by means of this act.

(205.) 4837. SEC. 15. The compensation of the mem- compensation
Jbers of the board of education other than the secretary and
treasurer shall be two dollars for attendance at each regular
meeting of the board. The secretary and treasurer of -said
board shall receive such compensation for their services as the
board of education may determine, not exceeding one hundred
dollars for the treasurer and one hundred twenty-five dollars
for the secretary, per annum.

Am. 1903. Act 154.

(206.) 4838. SEC. 16, When any township district i n v gse of
shall be divided into two or more townships, the existing township.
board of trustees shall continue to act for all the townships
until the same shall have been organized and the township
boards of trustees duly elected and qualified therein. Imme-
diately after such organization the township boards of educa-
tion of each of the townships shall meet in joint session and
direct an appraisal of all the school property of the former
township to be made. When such appraisal has been made,
said township boards of education shall make an equitable di-
vision of the existing assets and liabilities of the school dis-
tricts 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 a township district shall be altered in its limits by an- Alteration,
nexing a portion of its territory to another township or town- etc *
ships, the township boards of education of each of the town-



86



GENERAL SCHOOL LAWS.



ships shall, immediately after such alteration, meet in joint
session and make an equitable division of the assets and liabil-
ities of the school districts of the township from which the
territory' has been detached, basing their division upon the
amount of taxable property as the same shall appear upon
the last assessment roll of such township.

Am. Id.

Not to apply (207.) SEC. 17. The. provisions of this act shall not apply
county. or be in force in any school district in Iron county.



Repealing
clause.



Added, Id.

(208.) SEC. 18. All acts contravening the provisions of
this act except as provided in section seventeen, are hereby
repealed.

Added, Id.



Boards to
collect fees
from appli-
cants for
certificates.



When to b,e
C9llected by
director, etc.
of school
board.



Receipt.



Disposition
of fees.



TEACHERS' INSTITUTES.

An Act to provide for the better support of teachers' institutes, and
to repeal sections three thousand seven hundred and eighty-nine,
three thousand seven hundred and ninety, and three thousand seven
hundred and ninety-one of the compiled laws of eighteen hundred
and seventy-one.

[Act 53, 1877.]

The People of the State of Michigan enact:

(209.) 4839. SECTION 1. That all boards or officers,
authorized by law to examine applicants .for certificates of
qualification as teachers, shall collect, at the time of examina-
tion, from each male applicant for a certificate, an annual fee
of one dollar, and from each female applicant for a certificate,
an annual fee of fifty cents, and the director and secretary of
any school board that shall employ any teacher who has not
paid the fee hereinbefore provided, shall collect, at the time
of making contract, from each male teacher so employed, an
annual fee of one dollar, and from each female teacher so em-
ployed, an annual fee of fifty cents. All persons paying a fee
as required by this section, shall be given a receipt for the
same, and no person shall be required to pay said fee more
than once in any school year.

ACT VALID: This act does not conflict with Const, xiv, 1, on the ground
that the fees are specific taxes ; nor on the ground that the fees are not uni-
form. This section is not defective, incomplete, ineffectual and is valid.
Hammond v. School Board, 109 / 070.

(210.) 4840. SEC. 2. All such fees, collected by the di-
rector or secretary of any school board, shall be paid over to
the secretary of the county board of school examiners of the
countv in which thev were collected, on or before the fifteenth



GENERAL SCHOOL LAWS. 87

day of March, June, September and December, accompanied
by a list of those persons from whom they were collected, and
all of such fees, together with all those that shall be collected
by the county board of school examiners, shall be paid over by
the secretary of said board of school examiners to the treas-
urer of the county in which they were collected, on or before
the last day of March, June, September and December, in each
year, accompanied by a complete list of all persons from whom
said fees were collected, and a like list, accompanied by a
statement from the county treasurer that said fees have been
paid to him, shall be sent by said secretary to the superin-
tendent of public instruction. All moneys paid over to the
county treasurer, as provided by this act, shall be set apart as
a teacher's institute fund, to be used as hereinafter provided.

(211.) 4841. SEC. 3. The superintendent of public in- Annual county
struction shall annually appoint a time and place in each or- 11
ganized county for holding a teachers' institute, make suitable
arrangements therefor, and give due notice thereof: Provided, Proviso
That in organized counties having less than one thousand optional with
children between the ages of five and twenty years, the hold- |uperintend-
ing of such institute shall be optional with the said superin-
tendent, unless requested to hold such institute by fifteen
teachers of the county in which such institute is to be held:
Provided, however, That if there shall not be a sufficient num- Proviso,
ber of teachers in any county to make such request, then
teachers of adjoining counties who desire to attend such insti-
tute may unite in the required application to said superin-
tendent : Provided, ajso, That the said superintendent may. Proviso.
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.

(212.) 4842. SEC. 4. The superintendent of public in- in case of
struction, in case of inability personally to conduct any insti-
tute, or to make the necessary arrangements for holding the ent -
same, is hereby authorized to appoint some suitable person


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 11 of 20)