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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 ses-
sions of said institute such teacher shall have been in attend-
ance, and any teacher who shall have closed his or her school, ^tending not
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 herein-
before provided shall be evidence of such attendance.

(213.) 4843. SEC. 5. For the purpose of defraying the Expense of
expenses of rooms, fires, lights, or other necessary charges, how paid',
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 eacli county for



88



GENERAL SCHOOL LAWS.



May draw on
State treas-
urer.



the benefit of which the institute is held, who shall thereupon
draw an order on the county treasurer of his county for such
sum, not exceeding the amount of the institute fund in the
county treasury, as may be necessary to defray the expenses
of said institute; and the treasurer of said county is hereb'y
required to pay over to said superintendent or duly, appointed
institute conductor, from the institute fund in his hands, the
amount of said order.

(214.) 4844. SEC. 6. In case the institute fund in any
county shall be insufficient to defray the necessary expenses
of any institute held under the provisions of this act, the
auditor general shall, upon the certificate of the superintend-
ent that he has made arrangements for holding such institute,
and that the county institute fund is insufficient to meet the
expenses thereof, draw his warrant upon the State Treasurer
for such additional sum as said superintendent shall deem
necessary for conducting such institute, which sum shall not
exceed one hundred dollars for each institute, and shall be
paid out of the general fund.

Am. 1899, Act 64.

instftute tate (215.) 4845. SEC. 7. The superintendent is authorized
to hold, once in each year, an institute for the State at large,
to be denominated a State institute, and for the purpose of
defraying the necessary expenses of such institute, the Auditor
General shall, on the certificate of said superintendent that he
has made arrangements for holding such institute, draw his
warrant upon the State Treasurer for such sum as said super-
intendent shall deem necessary for conducting such institute,
which sum shall not exceed four hundred dollars and shall be
paid out of the general fund: Provided, That not more than
three thousand dollars shall be drawn from the treasury or
any greater liability incurred in any one year to meet the pro-
visions of this act.

Am. Id.

Vouchers for (216.) 4846. SEC. 8. The superintendent of public in-
struction, or the conductor of the institute by him appointed,
drawing money from the county treasurer, under section five
of this act, shall, at the close of each institute, furnish to the
county treasurer, vouchers for all payments from the same in
accordance with this act, and he shall return to the county
treasurer whatever of the amount that may remain unex-
pended, to be replaced in the institute fund.



GENERAL SCHOOL LAWS. 89



COMPULSORY EDUCATION.

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, 190"), repealing Act 95, 1895.]

The People of the State of Michigan enact:

(217.) SECTION 1. Every parent, guardian or other per- children re-
son in the State of Michigan having control and charge of any
child or children between and including the ages of seven and
fifteen years, shall be required to send such child or children
to the public schools during the entire school. year, and such
attendance shall be consecutive for the school year as fixed
by the district in which such parent, guardian or other person
in parental relation may reside : Provided, That in the follow- proviso,
ing cases children shall not be required to attend the public
schools :

(a) Any child or children who is or are being taught in Exceptions.
a private or parochial school in such branches are are usually
taught in the first eight grades of the public schools, or have
already acquired the ordinary branches of learning taught

in such grades of the public schools, to be determined by the
school board after an examination of such child by the teacher
in charge;

(b) Any child or children who is or are physically unable
to attend school. In such cases the truant officers shall re-
quire the written statement of 'a competent physician certi-
fying that such child or children is or are physically unable
to attend school;

(c) Children over fourteen years of age whose services are
essential to the support of their parents may be excused from
attendance at school on the recommendation of the board of
education of the district in which they reside, and said board
shall certify to the proper officer the facts in all such cases;

(d) Children under nine years of age whose parents do not
reside within two and one-half miles, by the nearest traveled
road, of some public school : Provided, That if transportation
is furnished for pupils in said district then this exemption
shall not apply.

(218.) SEC. 2. The sheriff of each county, in selecting his Truant
deputies, shall designate one of such deputies to act as truant pSntmeM and
officer for the county, and it shall be the duty of such deputy duties of -
sheriff to 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 provided : Pro- proviso, as
vided, That in cities having a duly organized police force, it to Clties>

12



GENERAL SCHOOL LAWS.



shall be the duty of the police authorities, at the request of the
board of education, to detail one or more members of such
police force to perform the duties of 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
in villages. officer, as truant officer. In all incorporated villages, the vil-
lage marshal shall be the truant officer and shall perform all
compensation the duties required of such officer by this act. The compensa-
sheriff. uty ^ on ^ the deputy sheriffs when serving as truant officers shall
not exceed three dollars per day. In cities, when the board
of education appoints a truant officer other than a police offi-
cer, said board shall fix the compensation for such truant
HOW allowed officer and pay such officer from the incidental fund. The
compensation of county truant officers, policemen and village
marshals acting as truant officers shall be allowed and paid
in the same manner that other incidental expenses are allowed
and paid by the county, city, or village.

School direct- (219.) SEC. 3. (a) It shall be the duty of the. school di-
Scher Urnish rector of all school districts, except in incorporated village
census list, ail (j city districts, to provide the teacher, at the commence-
ment of the school, with a copy of the last school census, to-
gether with the name and address of the persons in parental
relation, also the name and address of the county commission-
Duty of er of schools. The teacher shall, at the opening of school and
teacher. a t such other times as may be necessary, compare said census
list with the enrollment of the school and report to the county
commissioner of schools the names of the parents or other per-
sons in parental relation whose children of the ages hereinbe-
fore mentioned are not in regular attendance at school,
yniage and (b) In all incorporated village and city districts, the sec-

Siity of'secre- retary of the board of education shall, at the commencement
of Sucltion rd of scno ^ furnish, a copy of 'the last school census to the su-
perintendent of schools in such village or city, together with
the name and address of the truant officer under whose juris-
diction they act, and it shall be the duty of said superintend-
ent, at the opening of school, to compare said census list with
the enrollment of the school or schools and report to the
proper truant officer the names and addresses of any parents
or other persons in parental relation whose children of the
ages hereinbefore mentioned are not in regular attendance at
the public schools.

Truant officer, (c) It shall be the duty of the truant officer of the city or
village whenever notified by the teacher, superintendent or
other person or persons of violations of this act, and the
county truant officer when notified by the commissioner of
schools to investigate all such cases of truancy or non-attend-
ance at school, and if the children complained of are not ex-
empt from the provisions of this act under the conditions
named in section one, then he shall immediately proceed as
is provided in section four of this act.



GENERAL SCHOOL LAWS. 91



(d) In case any parent or other person in parental rela- Misdemeanor,
tion shall fail to comply with the provisions of this act he shall J^ny o e f med
be deemed guilty of a misdemeanor, and shall, on conviction
thereof, be liable to a fine of not lese than five dollars nor
more than fifty dollars, or by imprisonment in the county or
city jail, for not less than two nor more than ninety days, or
both such fine and imprisonment in the discretion of the
court.

(220.) SEC. 4. (a) It shall be the duty of the county county corn-
commissioner of schools to furnish the truant officer of the
county, at the opening of the schools, with a list of the teachers f -
and superintendents employed in his county in school districts
other than in such city and village districts as are described in
section two of this act.

(b) In case any parent or other person in parental rela- Notice to
tiori shall fail to immediately send the child or children under parents -
his or her control to the public school, the truant officer upon
having notice from proper authority of such fact shall imme-
diately and within twenty-four hours thereafter give formal
written notice, in person or by registered mail, to the parent

or other person in parental relation, that the child or children What to set
under his or her control shall present himself or themselves forth
at the public schools on the Monday following the date of such
notice, with the necessary text books for instruction in the
proper school or schools of the district or city. Said notice
shall inform the parent or other person in parental relation
of the date that attendance must begin and that such attend-
ance at school must be consecutive during the remainder of
the school year as taught in the district. The truant officer Notice to
shall, at the same time the said formal notice is given to the
parent or person in parental relation, notify the teacher or su- ent.
perintendent or commissioner of the fact of notice and it shall
be the duty of the teacher or superintendent or commissioner
to notify the truant officer of failure on part of the parent
or other person in parental relation to comply with said
notice.

(c) It shall be the duty of all truant officers, after having when truant
given the formal notice hereinbefore described, to determine
whether the parent or other person in parental relation has
complied with the notice, and in case of failure to so comply

he shall immediately and within three days after having
knowledge or being notified thereof, make a complaint against
said parent or other person in parental relation having the
legal charge and control of such child or children before a
justice of the peace in the city, village or township, or adjoin-
ing township, where such party resides for such refusal or
neglect to send such child or children to school; and said Justice to issue
justice of the peace shall issue a warrant upon said com- SJJfSte.
plaint and shall proceed to hear and determine the same in
the same manner as is provided by statute for other cases un-
der his jurisdiction, and in case of conviction of any parent or



GENERAL SCHOOL iLAVVS.



other person in parental relation for violation of this act,
said parent or other person in parental relation shall be pun-
ished according to the provisions of section three of this act:
Proviso, as to Provided, That in cities having a recorder's court and justices
of the peace, the truant officer shall make the aforesaid com-
plaint before the magistrate of said recorder's court, or before
a justice of the peace, and said magistrate or justice shall
issue a warrant and proceed to hear and determine the case
in the same manner as is provided in the statute for other
cases under his jurisdiction.

(d) It shall be the duty of all school officers, superintend-
ents, teachers or other persons to render such assistance and
furnish sucft information as they may have at their command
to aid such truant officer in the performance of his official
duties.

(221.) SEC. 5. In any graded or city district, in this State,
the school board or officers 1 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 at-
tend said ungraded schools, or any department of their graded
schools, as said board of education may direct.

(222.) SEC. 6. The following classes of persons between
and including the ages of seven and sixteen years residing in
graded school districts or cities as described in section five of
this act shall be deemed juvenile disorderly persons and shall,
in the judgment of the proper school authorities, be assigned
to the ungraded school or schools as provided in section five
of this act: Class one, habitual truants from any school in
which they are enrolled as pupils; class two, children, who,
while attending any school, are incorrigibly turbulent, disobe-
dient 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, employment or occupation.



Officers, etc.,
to aid truant
officer.



School boards,
may establish
ungraded
schools.



May require
attendance.



Juvenile
disorderly
persons, who
deemed.



MISCELLANEOUS OFFENSES.

An Act to prevent crime and to punish truancy.
[Act 162, 1883.]



what children (223.) 11765. SECTION 1. That every boy between the
aStfor du~ age of ten and sixteen years, or any girl between the age of
persons ^ en an( ^ 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



GENERAL SCHOOL LAWS. 93

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
away 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
dishonest 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.

(224.) 117GG. SEC. 2. Upon the complaint upon oath Who to make
and in writing made before any justice of the peace, police co
justice or other criminal magistrate, by the parent or guardian
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 know-
ing 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 such minor,
and upon conviction such minor, if a boy, may be sentenced Term of
by such justice of the peace, police justice or criminal magis- se
trate, to the industrial school for boys at Lansing, and if a
girl, to the industrial home for girls at Adrian, boys until
eighteen years of age, and girls until twenty-one years of age,
unless sooner discharged according to law: Provided, That Proviso as to
no person or persons shall be sent to the said industrial school SStSu.
for boys or to the industrial home for girls until the sentence
therein has been submitted to and approved by one of the
judges of the recorder's court of the city of Detroit, or judge
of the superior court of the city of Grand Kapids, or any cir-
cuit judge or probate judge of the county in which such
conviction shall be had.

Am. 1899, Act 75.

(225.) 11767. SEC. 3. The same proceedings shall be Proceedings
had upon the trial of any person charged with being guilty of "
any of the offenses mentioned in section one of this act before
the justice before whom such person is brought as are had in
trials for misdemeanor, as far as the same are applicable, and Duty of state
the State agent for the care of juvenile offenders of the county a|
wherein such offenders may be on trial shall have authority



GENERAL SCHOOL LAWS.



and take the same action in the premises as is provided by act
number one hundred and seventy-one of the session laws of
eighteen hundred and seventy-three of this State.



Children not
permitted in
saloons,
gambling
nouses, etc.



Penalty for
violation.



An Act to provide for the protection of children.

(From this act only such portion is quoted as relates directly to students
in schools.)

[Act 260, 1881.]

(226.) 5554. SEC. 2. No minor child under seventeen
years of age, nor any minor who is a student in any public,
private or parochial schools 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 wine or beer, or
any beverage, liquor or liquors containing any spirituous or in-
toxicating liquor, beer or malt liquor, is sold, given away, or
furnished for a beverage ; or in any place of amusement known
as dance houses, concert saloons, variety theaters; or in any
house of prostitution ; or in any room or hall occupied or used
for hire, gain, or reward, for the purpose of playing billiards,
pool, nine-pins, 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. Any proprietor, keeper, or
manager of any such place who shall permit such child to
remain in any such place, and any person who shall encourage
or induce in any way such child to enter such place or to re-
main 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 im-
prisonment 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.

Am. 1905, Act 23C.



Annual
meeting.



Officers to be
elected.



POWERS, DUTIES, AND OFFICERS OF TOWNSHIPS.

(From this chapter are quoted only such sections as relate to the election,
powers, and duties of SCHOOL INSPECTORS.)

(227.) 2275. SEC. 8. The annual meeting of each town-
ship shall be held on the first Monday in April, in each year,
and at such meeting there shall be an election for the follow-
ing officers: One supervisor, one township clerk, one treas-
urer, one school inspector, one commissioner of highways, so
many justices of the peace as there are by law to be elected in



GENERAL SCHOOL LAWS. 95



the township, and so many constables as shall be ordered by
the meeting, not exceeding four in number.

ANNUAL- MEETINGS : Annual meetings and general elections distinguished.
' People v. Knight, 13 / 242. Annual meeting held outside of township. Id.

OFFICERS : The regulation of township affairs, legally concerning none but
the people of the town, cannot be lawfully vested in any officers imposed upon
the town from without. Hubbanl v. Springwells, 25 / 153, 156. See Pe6ple
v. Hurlbut, 24/44; Att'y Gen. v. Lothrop, 24 / 235 ; Park Commrs. v. Com-
mon Council, 28 / 228 ; Att'y Gen. v. Common Council, 29 / 110 ; Youngblood v.
Sexton, 32/416, 417; Allor v. Wayne Auditors, 43/98.

(228.) 2276. SEC. 9. Each of the officers named in the Officers to be
last preceding section, shall be chosen by ballot; and before baSot? by
proceeding to choose the officers hereinafter directed to be
chosen at such meeting.

As to the last clause, see Section 2309.

(229.) 2283. SEC. 13. Each school inspector elected as Term of 9 fnce
aforesaid shall hold his office for two years from that time gpeaors! in ~
and until his successor shall be elected and duly qualified, ex- vacancy.
cept when elected or appointed to fill a vacancy, in which case
he shall hold the office during the unexpired portion of the reg-
ular term : Provided, That in the year eighteen hundred and
eighty-two one additional school inspector in each township
shall be elected for the term of one year: Provided further,
That the township superintendent of schools and school inspec-
tors now in office shall continue to act as school inspectors, and
said superintendent of schools shall continue to act as chair-
man of the board of school inspectors until the school inspec-
tors provided for by this act shall have been elected and duly
qualified and shall enter upon the duties of their respective
offices.

(230.) 2285. SEC. 15. Each township officer elected at Officers
a special meeting to fill a vacancy, shall hold his office during
the then unexpired portion of the regular term of the office,
and no longer, unless again elected.

(231.) 2374. SEC. 95. The following township officers officers
shall be entitled to compensation at the following rates, for com P ensated -
each day actually and necessarily devoted by them to the ser-
vice of the township, in the duties of their respective offices,
to be verified by affidavit, whenever required by the township ,
boards :

First, The officers composing the township board, board of
registration, board of health, inspectors of election, clerks of
the poll, commissioners of highways and school inspectors,
one dollar and fifty cents per day, and at the same rate for
parts of days;

Second, The township clerk, as clerk of the board of com-
missioners of highways, of the township board, and of the
board of school inspectors, one dollar and fifty cents per day,
and at the same rate for parts of a day; but no township
officer shall be entitled to pay for acting in more than one
capacity at the same time.



96 GENERAL SCHOOL LAWS.

ECORSE TOWNSHIP : AQt 343 of 1897 provides salaries for certain officers
in Ecorse township, Wayne county, as follows : Supervisor, $600 ; township
clerk, $300 ; highway commissioner, $300 ; each justice acting on the township
board, $50.



TEACHERS' ASSOCIATIONS.

An Act to incorporate teachers' associations.
[Act 117, 1855.]

The People of the State of Michigan enact:

Fifteen or (232.) 7730. SECTION 1. Any fifteen or more teachers,

may e form hers or ther persons residing in this State, who shall associate for
corporation, -the purpose of promoting education and science, and improve-
ments in the theory and practice of teaching, may form them-
selves into a corporation, under such name as they may choose,
Notice to be providing they shall have published in some newspaper printed


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 12 of 20)