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fying the time and place of the first meeting, which notice
with the fact of such delivery, shall be entered upon record by
inhabitant to the clerk. The said notice shall also direct such inhabitant to
nrst e mee\\ p ng f notify every qualified voter of such district, either personally
or by leaving a written notice at his place of residence, of the
time and place of said meeting, at least five days before the
time appointed therefor; and it shall be the duty of such
inhabitant to notify the qualified voters of said district accord-
ingly, and said inhabitant, when he shall have notified the
qualified voters as required in such notice, shall endorse
thereon a return, showing such notification with the date or
dates thereof, and deliver such notice and return to the chair-
man of the meeting, to be by him delivered to the director
chosen at such meeting, and by said director recorded at
length as a part of the records of such district.

NOTICE : The board of school inspectors may, under one notice, at one
meeting, by separate action, detach lands from separate school districts and
attach them to one district. Doxey v. School Inspectors, 67 / 601. Irregu-
larity in notice. Parman v. Inspectors, 49 / 63. See Roeser v. Gartland,
75 / 144.

RECORDS: Importance of. Sch. Dist. v. Snell, 24/352.



Return of
notice.



return to be
recorded.



Proceedings
in case of
failure to
organize
district.



Formation of

fractional

districts.



(26.) 4648. SEC. 3. In case the inhabitants of any dis-
trict shall fail to organize the same in pursuance of such
notice as aforesaid, the said clerk shall give a new notice in
the manner hereinbefore provided, and the same proceedings
shall be had thereon as if no previous notice had been de-
livered.

(27.) 4649. SEC. 4. Whenever it shall be necessary or
convenient to form a district from two or more adjoining town-
ships, the inspectors, 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 township 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 necessary in the same
manner that other districts are altered. The annual reports
of the director of such district shall be made to the inspectors
of the township in which the schoolhouse may Ve situated,
and the inspectors of such township shall number said district.

Saginaw Twp. v. Sch. Dist., 9 / 544 ; Brewer v. Palmer, 13 / 109.

when district (28.) 4650. 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 writing
with the director, and the same shall have been recorded in
presumption the minutes of such first meeting. Every school district shall,
ltiln. or| " in all cases, be presumed to have been legally organized when
it shall have exercised the franchises and privileges of a dis-
trict for the term of two years; and such school district and
its officers shall be entitled to all the rights, privileges, and



To whom
director of
such district
shall report.



GENERAL SCHOOL LAWS. 13



immunities, and be subject to all tfce duties and liabilities con-
ferred upon school districts by law.

PRESUMPTION OF LEGAL ORGANIZATION: When a district has ex-
ercised 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. The same rule which
recognizes the right of officers de facto recognizes corporations de facto.
Clement v. Everest, 29 / 2'!. 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 questioning the regularity of organization, etc.,
see note to Section 24.

(29.) 4651. SEC. 6. The record of the first meeting Directors'
made by the directors shall be prima facie evidence of the facts meeting f to r t>e
therein set forth, and of the legality of all proceedings in the evidence.
organization of the district prior to the first district meeting;
but nothing in this section contained shall be so construed as
to impair the effect of the record kept by the school inspectors,
as evidence.

CORPORATE POWERS OF DISTRICTS.

(30.) 4652. SEC. 7. Every school district organized in School district
pursuance of this chapter, or which has been organized and
continued under any previous law of the state or territory of
Michigan, shall be a body corporate, and shall possess the
usual powers of a corporation for public purposes, by the Name and

name and style of "school district number (such num- style -

ber as shall be designated in the formation thereof by the in-
spectors), of - " (the name of the township or townships in
which the district is situated), and in that name shall be powers of.
capable of suing and being sued, of contracting and being con-
tracted with, and of holding such real and personal estate as is
authorized to be purchased by the provisions of law, and of
selling the same.

CORPORATE POWERS : The school district, under our statutes, is a cor-
poration, and, as such corporation, is represented by three officers ; a moder-
ator, director and assessor. The affairs of the district are managed and con-
trolled by them, under certain restrictions. Sch. Dist. v. Sch. Dist., 63 / 57.
A school district can take and hold bequests of money for the maintenance
of a public library for the use and benefit of the residents of the districts.
Maynard v. Woodward, 36 / 423. School districts, like townships and coun-
ties, are subdivisions of the state. This section gives them the capacity to
sue and be sued. Van Wert v. Sch. Dist., 100 / 333. School districts are
municipal corporations. Seeley v. Board of Ed., 39 / 486 ; Sch. Dist. v. Gage,
39/484; Belles v. Burr, 76/1. And cannot be garnisheed even by its own
consent, unless the debtor -also consents. Id. They preceded the constitution
(Stuart v. ch. Dist., 30/69), and were recognized by that instrument.
Belles v. Burr, 76/11.

ALTERATION OF DISTRICTS.

(31.) 4653: SEC. 8. Whenever the board of school in- Alterations of
spectors shall contemplate an alteration of the boundaries of dSSby f
a district, the township clerk (and for meetings of boards to inspectors:
act in relation to fractional districts, clerks of the several
townships interested) shall give at least ten days' notice of



14 . GENERAL SCHOOL LAWS.

the time and place of the meeting of the inspectors, and the al-
teration proposed, by posting such notice in three public places *
in the township or townships, one of which notices shall be in
each of the districts that may be affected by such alteration.
Whenever the boards of school inspectors of more than one
township meet, they shall elect one of their number chairman,
and another clerk thereof.

NOTICE : The notice required is jurisdictional and indispensable. Coulter
v. Inspectors, 59 / 391 ; Sen. Dist. v. Inspectors, 63 / 611 ; Gentle v. Inspectors,
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 tiled with the clerk of the board, before any action is taken. Coulter v.
Inspectors, 59 / 391 ; Sen. Dist. v. Inspectors, 63 / 611 ; Graves v. Inspectors,
102 / 635. Where notice is not given the filing of the consent of a majority
of the resident taxpayers of the districts affected will not validate the action.
Gentle v. Inspectors, 73 / 40. Notices must be posted in each township
affected by the alteration. Sch. Dist. v. Metcalf, 93/499. The object of the
notice is to enable parties interested to be heard before any action is taken.
Gentle v. Inspectors, 73 / 45 ; Sch. Dist. v. Metcalf, 93 / 499. As to the pro-
vision in the former law, see Sch. Dist. v. Sch. Dist., 63 / 51.

FRACTIONAL DISTRICTS: The action of the joint boards is required in
case of fractional districts. Sch. Dist. v. Sch. Dist., 81 / 343.

NOTICE : Notice of posting notices in three public places is jurisdictional.
Affidavit must show that the notices were so posted. Certiorari will lie to test
validity of proceedings where petitioner moves promptly. Huyser v. Board of
School Inspectors, 131 / 568.

Powers of (32.) 4654. SEC. 9. The inspectors may, in their dis-

aitcrdlsScts. cretion, detach the property of any person or persons from one
district and attach it to another; except that no land which
has been taxed for building a schoolhouse shall be set off
into another school district for the period of three years there-
when consent after, except by the consent of the owner thereof ; and no dis-
o be x o p b a ta?ned. trict sha11 be dmctecl into two or more districts without the
consent of a majority of the resident taxpayers of said dis-
trict, and no two or more districts be consolidated without
the consent of a majority of the resident taxpayers of each
district.

People v. Davidson, 2 Doug. 121 ; Brewer v. Palmer, 13 / 104. See Sch.
Dist. v. Dean, 17 / 223. Gentle v. Sch. Inspectors, 73 / 45.

DISSOLVING DISTRICT: The school insoectors have oower 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 school inspectors have no
authority to divide up a district and destroy it without the consent of a
majority of. the resident taxpayers ; nor can they destroy it by cutting it up
into pieces and attaching all the territory to other districts without such
consent. Id. The terms "dissolve" and "disband" are of similar import
and a vote taken to "disband" is supported by notice of a meeting to vote
upon a proposition to "dissolve." Id.

CONSENT OF OWNER: 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 de-
pends upon consent of majority of resident taxpayers. Where a school dis-
trict de facto formed by consolidation of other districts has been in existence
two years or more the court will not set aside action of inspectors. Howell
v. Shannon, 130/556.

POWER OF LEGISLATURE: The legislature may change the boundaries
of district. Att'y Gen'l. ex rel. Kies v. Lowrey, 131 / 639.

Persons out of (33.) 4655. SEC. 10. The inspectors may attach to a
b^aftacSSf school district any person residing in a township, and not in
certain cases an ^ or g an i ze d district, at his request; and for all district pur-
poses except raising a tax for building a schoolhouse, such
person shall be considered as residing in such district; but



GENERAL SCHOOL LAWS.



when set off to a hew district, no sum shall be raised for such
person as his proportion to the district property.

(34.) 4656. SEC. 11. In all cases where an alteration Township
of the boundaries of a school district shall be made, the town- nSSceoT v
ship clerk shall, within ten days, deliver to the director of
each district affected by the alteration a notice in writing, set-
ting forth the action of the inspectors and defining the alter-
ations that have been made.

DIVISION OF PROPERTY.

(35.) 4657. SEC. 12. When a new district is formed, when district
in whole or in part, from one or more districts pos- propSty'to be
sessed of a school-house, or entitled to other property, the in- apportioned.
spectors, at the time of forming such new district, or as soon
thereafter as may be, shall ascertain and determine the amount
justly due to such new district from any district out of which
it may have been in whole or in part formed, as the proportion
of such new district, of the value of the schoolhouse and other
property belonging to the former district, at the time of such
division; and whenever by the division of any district, the when school-,
schoolhouse or site thereof shall no longer be conveniently " Deeded! 6 1S
located for school purposes, and shall not be desired for use may be sold,
by the new district in which it may be situated, the school in-
spectors of the township in which such schoolhouse and site
shall be located, may advertise and sell the same, and appor- proceeds of
tion the proceeds of such sale, and also any moneys belonging
to the district thus divided, among the several districts erected
in whole or in part from the divided district.

Saginaw Twp. v. Sch. Dist., 9 / 541 ; People v. Ryan, 19 / 203 ; Ramsey v.
Everett Twp. Clork, 5'J / 344 ; Sch. Dist. v. Riverside Twp., 67 / 404.

NEW DISTRICT : The township board has jurisdiction of appeals from
decisions of the board of school inspectors fixing the amount to be paid by an
old school district to a new one, where the latter comprises part of the same
territory and the former retains the school properly. Pine Sch. Dist. v. Wil-
cox, 48 / 404. See Section 4743 as to appeals. Bui to prevent the consumma-
tion of a void apportionment. Sch. Dist. v. Sch. Dist., 63/58. Bill to re-
strain the sale of the school-house. Briggs v. Borden, 71 / 87. Upon the
formation of a new district by the union of two or more, the new district
succeeds to the credits and property and is liable for the debts of the old
ones. Brewer v. Palmer, 13 / 104 ; Halbert v. Districts, 36 / 421.

(36.) 4658. SEC. 13. Such proportion shall be ascer- HOW propor-
tained and determined according to the value of the taxable ascertained.
property of the respective parts of such former district at the
time of the division, by the best evidence in the power of the in-
spectors; and such amount of any debt due from the former
district, which would have been a charge upon the new, had it
remained in the former district, shall be deducted from such
proportion : Provided, That no real estate thus set off, and Proviso,
which shall not have been taxed for the purchase or building
of such schoolhouse, shall be entitled to any portion thereof,
nor be taken into account in such division of district property.

S" DEBTS OF OLD DISTRICTS: Where the territory of a school district is
absorbed by other districts, the statute contemplates that the township board



16 GENERAL SCHOOL LAWS.



of school inspectors shall make an equitable adjustment of property and debts,
so as to proportion them fairly among the districts which have succeeded to
the jurisdiction of that which has been divided. Halbert v. Sch. Districts,
36 / 421. Where a school district has been subdivided and other districts
set off, the debts of the original district cannot be parceled out among all by
a proceeding in the courts, so as to give creditors a remedy against any
but the original debtors. Turnbull v. Alpena Sch. Dlst., 45 / 496 ; Maltz v.
Board of Education, 41 / 547. A debt once existing must remain a debt
against the corporation that created it, and its obligation is not destroyed
by a change in corporation limits. If contribution is required, it must be
obtained by the corporation and not by its creditors, unless otherwise pro-
vided by law. Turnbull v. Alpena Sch. Dist., 45/499.

DISTRICT MEETINGS.

meetings sd1001 ( 37> ) 4659< SEC< 14< The annual meeting of all school

when held. districts, except where otherwise provided by special enact-
ment, shall be held on the second Monday of July in each year.

school year The school year shall commence on that day, and the trustees

n 'and officers of the district shall date their terms of office

from said day, and until their successors are elected and

Proviso. qualified : Provided, That any district may vote to hold its
annual meeting on the fourth Monday in July.

Am. 1905, Act 36.

Farrell v. Sch. Dist., 98 / 45 ; Johnston v. Mitchell, 120 / 589.

nSetlngs ^ 8> ) 4660. SEC. 15. Special meetings may be called

by the district board ; and it shall be the duty of said board, or

any one of them, to call such meetings on the written request

of not less than five legal voters of the district, by giving the

when may not notice required in the next succeeding section ; but no special

be called. meeting shall be called unless the business to be transacted

Business of, to may lawfully come before such meeting, and no business shall

notfce. ted m be transacted at a special meeting unless the same be stated

in the notice of said meeting.

NOTICE : Liberal rules of interpretation must be applied to these notices,
and if they be such as, under a fair construction, to give notice to the electors
of the purpose for which the meetings are called, they must be held sufficient.
Peters v. Warren Twp., 98 / 55.

SPECIAL MEETING : .In order to constitute a legal school meeting, the
evidence must show that a legal petition was presented and a legal notice of
the meeting given. Cent. Sch. Supply House v. Sch. Dist., 99 / 402 ; John-
ton v. Mitchell, 120/589.

Use by a school board, in calling a special meeting, 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.

Notices of (39.) 4661. 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 meeting,
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 meeting shall be
posted at the outer door of the district schoolhouse, if there
be one; and in case of any special meeting called for the pur-
pose of establishing or changing the site of a schoolhouse,
such notice shall be given at least ten days previous thereto :
Duty of dis- Provided, That when any of the district board shall receive
tS$v? fficer a request to call a special meeting, as provided in the pre-



GENERAL SCHOOL LAWS, 17



reding section, lie shaU forthwith give notice, as above pro-
vided, of said meeting, which shall be called in not less than
six nor more than twelve days from the time the said officer
shall receive the notice aforesaid. No annual meeting shall be when annual
deemed illegal for want of due notice, unless it shall appear m^Slor 01
that the omission to give such notice was wilful and fraud- want of
ulent.

Schafer v. Sch. Dist. No. 1 of Baraga, 116/206; Johnston v. Mitchell,
120 / 589.

(40.) 4662. SEC. IT. Every citizen of the age of twenty- Whomigfied
one years, and who has property assessed for school taxes in schooi e n?eet-
any school district, and who has resided therein three months mgs>
next preceding any school meeting held in said district, or who
has resided three months next preceding such meeting on any
territory belonging to such district at the time of holding said
meeting, shall be a qualified voter in said meeting upon all
questions, and all other citizens who are twenty-one years of
age, and are the parents or legal guardians of any children
included in the school census of the district, and who have for
three months as aforesaid, been residents of said district or
upon any territory belonging thereto at the time of holding
any school meeting, shall be entitled to vote on all questions
arising in said district, which do not directly involve the rais-
ing of money by tax.

QUALIFIED VOTER : See Act 138 of 1893, conferring upon women the
right to vote for all "school, village and city officers," and declared unconsti-
tutional in Coffin v. Election Com'rs, 97 / 189. The constitution of 1835, as
well as that of 1850, in terms authorized the legislature to construct a pri-
mary school system and for years antedating the present constitution the
legislature construed a similar provision as conferring the power to determine
the qualifications of voters for district school officers. Coffin v. Election
Com'rs, 97 / 193 ; Belles v. Burr, 76 / 1. The election of members of a board
of education at the annual charter election does not make such an election
of "school district meeting" and give women the right to vote thereat, under
the provisions of this section. Mudge v. Stebbins, 59 / 165.

(41.) 4663. SEC. 18. If any person offering to vote at challenging
a school district meeting shall be challenged as unqualified by voters -
any legal voter in such district, the chairman presiding at
such meeting shall declare to the person challenged the quali-
fications of a voter; and if such person shall state that he is
qualified, and the challenge shall not be withdrawn, the chair- oaths to be
man shall tender to him an oath, in substance as follows : "You chaufnged
do swear (or affirm) that you are a citizen of the United voters -
States, that you have been for the last three months an actual
resident of this school district, or residing upon territory now
attached to this school district, and that you pay a school dis- v
trict tax therein;" and every person taking this oath shall be
permitted to vote upon all questions proposed at such meet-
ings. 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
3



GENERAL SCHOOL LAttS.



False oath

ileemed

lerjury.



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.



Disorderly
persons at
district meet-
ings to be
taken into
custody.



Penalty for

disturbing

meeting.



Who shall
have jurisdic-
tion in trial.



Powers of
voters.



May appoint
chairman.



May adjourn.



F.lect district

officers.

Designate
sites.



Direct pur-
chasing of

sites.



(42.) 4664. SEC. 19. If at any district meeting any
person shall conduct himself in a disorderly manner, and, after
notice from the moderator or person presiding, shall persist
therein, the moderator or person presiding may order him to
withdraw from the meeting, and on his refusal, may order any
constable, or other person or persons, to take him into custody
until the meeting shall be adjourned; and any person who
shall refuse to withdraw from such meeting on being so or-
dered as herein provided, and also any person who shall wil-
fully disturb such meeting by rude and indecent behavior, or
by profane or indecent discourse, or in any other way make
such disturbance, shall, on conviction thereof, be punished by
a fine not less than two nor more than fifty dollars, or by im-
prisonment in the county jail not exceeding thirty days; and
any justice of the peace, recorder, or police justice of the town-
ship, ward, or city where such offense shall be committed, shall
have jurisdiction to try and determine the same.

(43.) 4665. SEC. 20. The qualified voters in 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 provided, 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


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 2 of 20)