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published. ^ L ans j n g or j n the county in which such association is to be
located, for at least one month previous, a notice of the time,
place and purpose of the meeting for such association, and
shall file in the office of the secretary of state a copy of the con-
stitution and by-laws of said association.

May hold (233.) 7731. SEC. 2. Such association may hold and

property. possess real and personal property to the amount of five
Restrictions thousand dollars, but the funds or property thereof shall not
upon its use. j^ ^ed f or an y other purpose than the legitimate business of

the association in securing the objects of its corporation.
Privileges and (234.) 7732. SEC. 3. Upon becoming a corporation as
hereinbefore provided, they shall have all the powers and
privileges, and be subject to all the duties of a corporation,
according to the provisions of chapter fifty-five of the revised
statutes of this State, so far as such provisions shall be
applicable in such case, and not inconsistent with the provi-
sions of this act.

Chap. 55 referred to is Sections 8527-51, C. L. 1897.



STATE ACCOUNTS.

An Act to provide for the safe keeping of public moneys.
[Act 131, 1875.]

The People of the State of Michigan enact:

"Public (235.) 1197. SECTION 1. That all moneys which shall

come into the hands of any officer of the State, or of any officer



GENERAL SCHOOL LAWS. 97

of any county or of any township, school district, highway dis-
trict, city, or village, or of any other municipal or public cor-
poration within this State, pursuant to any provision of law
authorizing such officer to receive the same, shall be denom-
inated public moneys within the meaning of this act.

See Fire and Water Commrs. v. Wilkinson, 119 / 659.

As to county treasurers, see Ferley v. Muskegon Co., 32 / 132. See also
Section 2539 and notes.

(236.) 1198. SEC. 2. It shall be the duty of every offi- Public moneys
cer charged with the receiving, keeping or disbursing of public separa k t! P from
moneys to keep the same separate and apart from his own f u 1 n e ( J t s her
money, and he shall not commingle the same with his own
money, nor with the money of any other person, firm or cor-
poration.

(237.) 1199. - SEC. 3. No such officer shall, under any HOW used.
pretext, use, nor allow to be used, any such moneys for any
purpose otner than in accordance with the provisions of law ;
nor shall he use the same for his own private use, nor loan the
same to any person, firm, or corporation without legal au-
thority so to do.

(238.) 1200. SEC. 4. In all cases where public moneys Inte 1 [ es 5 n n 1
are authorized to be deposited in any bank, or to be loaned to to constitute 3 !
any individual, firm, or corporation, for interest, the interest general fund -
accruing upon such public moneys shall belong to and consti-
tute a general fund of the State, county, or other public or
municipal corporation, as the case may be.

(239.) 1201. SEC. 5. In no case shall any such officer, officers not to

rpcpivG con

directly or indirectly, receive any pecuniary or valuable con- sideration for
sideration as an inducement for the deposit of any public mraey. f
moneys with any particular bank, person, firm, or corporation.

(240.) 1202. SEC. 6. The provisions of this act shall Provisions^
a Pply to all deputies of such officer or officers, and to all clerks, todeputiesf
agents, and servants of such officer or officers.

(241.) 1203. SEC. 7. Any person guilty of a violation Penalty for
of any of the provisions of this act shall, on conviction thereof, ion s n of pr<
be punished by a fine not exceeding one thousand dollars, or act -
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 pre- Proviso,
vent a prosecution under the general statute for embezzlement
in cases where the facts warrant a prosecution under such
general statute.

(242.) 1204. SEC. 8. Any officer who shall wilfully or gaity jor
corruptly draw or issue any warrant, order, or certificate for ment of ay ~
the payment of money in excess of the amount authorized by monev -
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.
13



98



GENERAL SCHOOL LAWS.



Payment of
damages.



Apportion-
ment of sur-
plus.



Proviso.



REGULATIONS RELATIVE TO DOGS AND SHEEP.

(From this chapter we quote only the section relating to the apportion-
ment of the surplus DOG TAX to school districts.)

%

[Act 48, 1901.]

(243.) SEC. 6. At 'the annual meeting of the township
board in each year, and at a meeting of the common coun-
cil of each city in April of each year, the said board or council,
as the case may be, shall examine all certificates of damage
filed by the clerk, as aforesaid, during the preceding year, and
if satisfied that in any case or cases the certified damages
are excessive, they may reduce the same to such amount as
they may deem just, and may order the payment of all such
loss as they may consider just, out of the fund aforesaid, if it
be sufficient for that purpose, and if not sufficient they may
order a proportionate payment of each claim. If money re-
mains of such fund, after satisfactory payment of all claims
aforesaid in any one year, over and above the sum of one
hundred dollars, it shall be apportioned among the several
school districts of such township or city in proportion to the
number of children therein of school age: Provided, That no
payment of loss shall be made as provided for in this section
unless the party applying for the same shall make it appear
to the satisfaction of the township board or common council
that he has made all due efforts and has not been able to
obtain satisfaction therefor, from the owner or owners of the
dog or dogs which shall have done the damage.

EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC INSTRUC-
TION : The apportionment must be based upon the whole number of children
of school age residing in the township, and include all districts whether lying
wholly or partly in such township. In case of a fractional district in which
the school-house is situated in a different township, the money belonging to
such district must be paid over to the treasurer of the township in which the
school-house is situated, and by that treasurer paid to the district in the same
way as in the case of the one-mill and other taxes.



STATE NORMAL SCHOOLS.



An Act to revise and consolidate the laws relative to the State Board

of Education.

[Act 194, 1889.]
The People of the State of Michigan enact:

TO be a body (244.) 1812. SECTION 1. That for the purpose of ren-
dering more efficient their organization, and to enable them
more fully to carry into effect the provisions of the constitu-



GENERAL SCHOOL LAWS. 99 ,

tion relative thereto, the State Board of Education shall be
and they are constituted a body politic and corporate, and TO hold prop-
are hereby empowered to purchase, have, hold, possess and en- sclooi! etc^
joy 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 use
a seal, and the same to change, alter and renew at pleasure,
and to make such by-laws and regulations as they may deem
proper for the government and conduct of said [board] and for
the transaction of its business : Provided, The same be not Proviso,
repugnant to the constitution or laws of this State or of the
United States: Provided further, That said corporation shall F th&c,
be subject to the provisions of chapter fifty-five of the revised pl
statutes of eighteen hundred and forty-six, so far as the same
can apply, and are not inconsistent with the provisions of this
act.

Chapter 55 of the revised statutes of 1846 contains the "general provisions
relating to corporations" and will be found in Chapter 230, Sections 8527-51,
compiled laws 1897. See acts 138 and 178 of 1849, establishing a state normal
school.

(245.) 1813. SEC. 2. Said board shall have power to Power of
transact all necessary business at any meeting, a quorum be-
ing present. Said board shall make and provide such by-laws
and regulations for the conduct of its business as it shall deem
proper. A quorum of said board shall consist of a majority Quorum,
of its members. All processes against said board of education Processes,
shall be served on the president or secretary thereof.

(240.) 1814. SEC. 3. The State Board of Education orthe normal
shall continue the normal school at Ypsilanti in the county of sc
Washtenaw, where it is now located. The purpose of the
normal school shall be the instruction of persons in the art of
teaching, and in all the various branches pertaining to the pub-
lic schools of the State of Michigan : Provided, There shall be Proviso,
prescribed for said school a course of study intended specially
to prepare students for the rural and the elementary [graded]
schools of the State, which shall provide not less than twenty
weeks of special professional instruction.

(247.) 1815. SEC. 4. No member of said board of edu- Members not
cation shall, during his continuance in office, act as the agent agent 1 for
of any publisher or publishers of school books or school li-
brary books, or be or become interested in the publication or
sale of any such book or books as agent or otherwise.
" (248.) 1816. SEC. 5. Said board shall provide all nee-
essary courses of study to be pursued in the normal school and school,
establish and maintain in connection therewith a fully etc -
equipped training school as a school of observation and prac-
tice, and shall grant, upon the completion of either of said
courses, such diploma as it may deem best, and such diploma



100



GENERAL SCHOOL LAWS.



Certificate to
teach, when
granted, term
of, etc.



Proviso.



Life certifi-
cates , when
granted, etc.



when granted shall carry with it such honors as the extent
of the course for which the diploma is given may warrant and
said board of education may direct.

(249.) 1817. SEC.. 6. Upon the completion of the
course specially prescribed as hereinbefore provided for the
rural and elementary graded schools, said board of education
shall, upon the recommendation of the principal and a majority
of the heads of the departments of said school, grant a certifi-
cate which shall be signed by said board and the principal of
the normal school, which certificate shall contain a list of the
studies included in said course, and which shall entitle the
holder to teach in any of the schools of the State for which
said course has been provided for a period of five years : Pro-
vided, That said certificate may be suspended or revoked by
said State Board of Education upon cause shown by any coun-
ty board of examination, or by any board of school officers.

(250.) 1818. 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
completion, said board of education, upon the recommendation
of the principal and a majority of the heads of the departments
of said school, shall issue a certificate to the person completing
said course, which certificate shall be referred to in the diplo-
ma 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.

(251.) 1819. 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.

(252.) 1820. SEC. 9. Said -board of education shall ap-
point each year three visitors whose duty it shall be to ex-
amine thoroughly into the affairs of the normal school and re-
port their views" with regard to its condition and any other
matters they may judge expedient, to the said board of educa-
tion, which report shall be incorporated in the report of the
superintendent of public instruction and in the report of said
board of education to be made to the legislature as hereinafter
provided. Said visitors shall receive two dollars per day for
time actually spent in visitation and also their actual travel-
ing expenses, to be paid out of the funds of said board : Pro-
vided, That not more than two visits shall be made by any
board of visitors.

(253.) 1821. SEC. 10. Said board of education shall
make to the legislature, at every regular session thereof, a re-
port 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



May be
revoked.



Admission of
pupils.

Proviso.



To appoint
visitors, report
of. etc.



Proviso.



Report of
board, con-
tents of, etc.



GENERAL SCHOOL LAWS./ 101



such matters pertaining to the school as have- ^been- under Ms ' '
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 receipts
and expenditures, as near as may be.

(254.) 1822. SEC. 11. The board shall elect a treas- Treasurer.
urer, who shall furnish bonds, with two sureties, in* the penal
sum of not less than twenty thousand dollars, conditioned for
the faithful discharge of his duties. Such treasurer shall re-
ceive such compensation as to the board may seem just.

(255.) 1823. SEC. 12. The ten sections of salt spring Lands appro-
lands located by the board of education under the provisions
of sections fifteen and sixteen of "An act to establish a State
normal school," approved March twenty-eighth, eighteen hun-
dred and forty-nine, together with the fifteen sections of said
salt spring lands located under the provisions of section six-
teen of said act, and all such lands as may be granted by con-
gress or received or set apart in any manner in lieu of any por-
tion of said land, to which the title may prove insufficient, and
all donations, in land or otherwise, to the State in trust or to
the board of education for the support of a normal school,
shall constitute a fund to be called the normal school endow-
ment fund, and shall be reserved from sale until the same
shall be appraised. The minimum price of said lands shall be Minimum
four dollars per acre, and it shall be the duty of the officer
authorized to sell said lands, to cause the same to be appraised
as soon as practicable, in the manner provided for the ap-
praisal of other lands ; none of said lands shall be sold for less
tl\an the minimum price fixed by law. It shall not be neces-
sary to appraise any of said lands which have heretofore been
appraised under existing provisions of law; and the proceeds
of sales of any of said lands heretofore appraised and sold
shall constitute a part of the fund herein provided. After
such appraisal, such land shall be and remain subject to sale
at the State land office as is now, or shall be hereafter, pro-
vided by law, and the principal shall be and remain a prepetual
fund for the use of said institution, except as herein provided.
The installments of principal paid by the purchasers shall be
paid into the State treasury, and the interest thereon from the
time of its receipt, or from the time of the preceding computa-
tion of interest as the same may be, shall be computed by the
Auditor General and the State Treasurer at the close of each
fiscal year, at the rate of six per cent per annum, and together
with all interest paid by purchasers of said lands, shall be
passed to the credit of the normal school interest fund.

(256.) 1824. SEC. 13. The normal school interest fund, tord have
and any moneys which may be from time to time appropriated
for the purposes of the said normal school, shall be under the
direction and control of said State Board of Education, sub-
ject to the provisions herein contained, and shall be paid to the



102



GENERAL SCHOOL LAWS.



Proviso.



Compensation
of board.



Meetings of
State board of
education to
examine
teachers and
grant
certificates.



Proviso.



Certain text-
books, etc.,
duty of board
relating
thereto.



'treasurer of said board from time to time by the State
Treasurer on the warrant of the Auditor General drawn upon
the certificate of the president and secretary of said board of
education that said money is needed. No such warrant shall
be given except on accounts audited and allowed by said board,
covering as [nearly] near as may be the amounts previously
furnished : Provided, That said board, for the months of Jan-
uary, February and March, in the years in which the regular
sessions of the legislature are held, shall draw money for cur-
rent expenses as provided in section four hundred and nine-
teen of Howell's annotated statutes.

(257.) 1825. SEC. 14. The members of the State
Board of Education shall receive three dollars per day for
their actual services, and also their necessary traveling and
other expenses, to be paid by the State Treasurer out of the
general funds in the manner already provided by law for the
payment of the accounts of boards of State institutions.

(258.) 1826. SEC. 15. Said board shall hold at least
two meetings each year, at which they shall examine teachers,
and shall grant certificates to such as have taught in the
schools of the State at least two years and who shall, upon a
thorough and critical examination in every study required for
such certificate, be found to possess eminent scholarship, abil-
ity, and good moral character. Such certificate shall be signed
by the members of said board, and be impressed with its seal,
and shall entitle the holder to teach in any of the public
schools of this State without further examination, and shall be
valid for life unless revoked by said board. No certificate
shall be granted except upon the examination herein pre-
scribed: Provided, That the said State Board of Educatign
may, in its discretion endorse State teachers' certificates or
normal school diplomas granted in other states, if it be shown
to the satisfaction of such board that the examinations re-
quired or courses of study pursued are fufly equal to the re-
quirements of this State.

(259.) 1827. SEC. 16. The said board shall examine all
text-books in physiology and hygiene offered for use in the
public schools of this State, and approve those only which
comply with the law relative to the space required to be de-
voted to the consideration of the nature and effects of al-
coholic drinks and narcotics, as provided in act one hundred
and sixty-four of the public acts of eighteen hundred and
eighty-seven. It shall also be the duty of said board to dis-
tribute to the various educational institutions of the State
such specimens of copper, iron and other ores and rocks pre-
scribed for such distribution under the provisions of section
three of act nine of the public acts of eighteen hundred and
seventy-seven, being compiler's section eight hundred and
forty-one of HowelFs annotated statutes.

The act of 1887 referred to is act 165 instead of 164. It amends Sec. 15,
Ch. 3 of the general laws of 1881 relative to public instruction and will be
found in Comp. Section 58.






GENERAL SCHOOL LAWS. 103

(260.) 1828. SEC. 17. All insurance moneys or means Disposition
collected, received or made available at any time, from policies
of insurance, or by reason of insurance policies upon the said
normal school buildings and property shall be and the same
are hereby designated and set apart as a fund or means for re-
building and refurnishing the said buildings.

(261.) 1828a. SEC. 18. Any person holding a cerfifi- certificate
cate issued or approved by the authority of the State Board of county th
Education, desiring to teach in any school under the jurisdic- commissioner.
tion of a county commissioner of schools shall file the said
certificate, or a copy of the same in the office of the commis-
sioner of schools in the county in which he or she desires to
teach.

Added 1901, Act 155.



NORMAL SCHOOLS.

An Act to establish a normal school in Central Michigan.
[Act 261, 1895.]

The People of the State of Michigan enact:
(262.) 1829. SECTION 1. That a normal school for the central Michi-



preparation and training of persons for teaching in the rural
district schools, and the primary departments of the graded
schools of the State, to be known as "Central Michigan Normal
School," be established and continued at the city of Mount
Pleasant, in Isabella county, to be located upon block ten of
the normal school addition to said city, known as "normal cam-
pus," and being a block of land in area between eight and ten
acres.

(263.) 1830. SEC. 2. The State Board of Education is state board of
hereby authorized and directed to procure a good and suf- procuredeld
ficient deed of conveyance, to be accompanied with abstract n n j t c y ~
of title and tax history, to be approved by the Attorney Gener-
al, conveying to the said board of education and its suc-
cessors a good and unincumbered title in fee simple to said
lands and buildings thereon, for such school, and a proper
article of sale of all the library, school furniture and ap-
paratus therein, said lands and buildings and personal prop-
erty 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.

(264.) 1831. SEC. 3. Said school shall be under and schools to be
subject to the control of the State Board of Education, accord-



ing to the provisions of act number one hundred ninety-four board of

. . , .. _ .. . . , . education.

of the public acts of eighteen hundred and eighty-nine, of
Michigan, entitled "An act to revise and consolidate the



104



GENERAL SCHOOL LAWS.



laws relative to the State Board of Education, and amend-
ments thereto/' which is made applicable to this school, except
as herein otherwise provided.

The act referred to immediately precedes this. See Comp. Sections 244-61.



An Act to change the name of the "Michigan State Normal School"
to "Michigan State Normal College."



[Act 52, 1899.]

The People of the State of Michigan enact:

change of (265.) SECTION 1. The institution now known and desig-

Somafschooi nated under the name and style of "Michigan State Normal
at Ypsiianti. School" shall hereafter be known as the "Michigan State Nor-
mal College."

SEC. 2. Repealing clause.



Name of
school.



Purpose.



Selection of
site.

Area and
location.



Deed or
conveyance.



An Act to provide for the location, establishment and conduct of a
normal school at Marquette, in the upper peninsula of this State,
and to make an appropriation for the same.

[Act 51, 1899.]
The People of the State of Michigan enact:

(266.) 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.

(267.) SEC. 2. The State Board of Education is hereby
authorized to procure a suitable site for the grounds and build-
ings for said normal school, which site shall consist of at least
twenty acres of land, located within one and one-half miles of
the present location of the postoffice in said city of Marquette.
Said State Board of Education shall pay for such site a sum
not exceeding one dollar, which sum is hereby appropriated
for the use of said State Board of Education out of any moneys
in the treasury not otherwise appropriated, to be drawn on
the requisition of said State Board of Education and the war-
rent of the Auditor General, as the moneys and appropriations
are drawn. Said State Board of Education shall procure good
and sufficient deed or conveyance of such site and grounds,
and have the title for the same duly recorded. When so recorded,



GENERAL SCHOOL LAWS. 105


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 13 of 20)