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for the time the school is closed. Dewey v. Sch. Dist., 43 / 480. Payment of
wages after the burning of the school-house. Smith v. Sch. Dist., 69 / 589.

WAGES NOT GARNISHABLE : A teacher's wages cannot be reached by
garnishment. Sch. Dist. v. Gage, 43 / 484.

CONTRACTS : Under this section, providing that school teachers' con-
tracts shall be in writing, and signed by a majority of the district board, and
shall specify the wages, etc., a resolution of a school board authorizing the
employment of a specified person, though supplemented by conversations be-
tween such person and individual members of the board in respect to the
terms of employment, and by the action of the person designated in appearing
at the school at the opening of the term, and teaching for two days without
objection, does not constitute a contract of hiring binding upon the district.
Langston v. Sch. Dist. No. 3 of Springwells Twp., 121 / 654.

CONTRACTS : Under the ab we section, requiring all "Contracts by
school-district boards with teachers to be in writing, an oral contract with
a teacher to continue the school for a month after the expiration of his
written contract is not enforceable, though such teacher has performed the
services. Hutchins v. School District No. 1 of Colfax Township, 128 / 177.

CONTRACTS AND QUALIFIED TEACHERS: A contract between a teach-
er and a graded school district is invalid, unless the teacher, at the time
of making the contract has the certificate required by Section 180, author-
izing her to teach during the term covered by the contract ; obtaining a cer-
tificate after the making of the contract, and before the commencement of
school, is not a compliance with the statute. McCloskey v. Sch. Dist. No. 5
Wheatland, 134 / 235.

(57.) 4679. SEC. 14. The district board shall providecareandu.se
a water supply for pupils, have the care and custody of the house 1001 "
schoolhouse and other property of the district, except so far
as the same shall by vote of the district be especially confided
to the custody of the director, including all books purchased
for the use of indigent pupils, and shall open .the schoolhouse
for public meetings unless by a vote at a district meeting it
shall be determined otherwise : Provided, That said board Board may
may exclude such public meetings during the five school days meJSn|s p at bh<
of each week of any and all school terms, or such parts thereof certain times *



Board to
studies, etc.

Kind of text-
books to be

by whom
approved, etc

Board to
require the
teacher to
certify, etc.

for neglect.

as in their discretion they may deem for the best interest of
the schools.

Am. 1901, Act 146.

The board has the care and custody of all the property and moneys of
the district, except what may be especially confided to the director. Manard
v. Woodward, 36 / 424 ; Eckhardt v. Darby, 118 / 199.

(58.) 4680. SEC. 15. The district board shall specify
the studies to be pursued in the schools of the district [dis-
tricts], and in addition to the branches in which instruction is
now required by law to be given in the public schools of the
State, instruction shall be given in physiology and hygiene,
with a special reference to the nature of alcohol and narcotics,
and their effects upon the human system. Such instruction
shall be given by the aid of text books in the case of pupils who
are able to read, and as thoroughly as in other studies pursued
in the same school. The text books to be used for such in-
struction shall give at least one-fourth of their space to the
consideration of the nature and effects of alcoholic drinks and
narcotics, and the books used in the highest grade of graded
schools shall contain at least twenty pages of matter relating
to this subject. Text books used in giving the foregoing in-
structions shall first be approved by the state board of educa-
tion. Each school board making a selection of text books
under the provisions of this act shall make a record thereof in
their proceedings, and text books once adopted under the pro-
visions of this act shall not be changed within five years, ex-
cept by the consent of a majority of the qualified voters of
the district present at an annual meeting, or at a special meet-
ing called for that purpose. The district board shall require
each teacher in the public schools of such district, before plac-
ing the school register in the hands of the directors [director],
as provided in section thirteen of this act, to certify therein
whether or not instruction has been given in the school or
grade presided over by such teacher, as required by this act,
and it shall be the duty of the director of the district to file
with the township clerk a certified copy of such certificate. Any
school board neglecting or refusing to comply with any of the
provisions of this act shall be subject to fine or forfeiture the
same as for neglect of any other duty pertaining to their office.
This act shall apply to all schools in the state, including
schools in cities or villages, whether incorporated under spe-
cial charter or under the general laws.

Western Pub. House v. Sch. Dist., 94 / 265. This section applies to city
schools organized under a special charter which does not provide for an an-
nual school meeting. Jones v. Board of Ed. of Detroit, 88 / 373. The power
to adopt text-books is conferred by law and cannot be affected by any rule
of the board of education fixing a time for the reconsideration of motions
and resolutions. Id. 347. As to suspensions of by-law regulating adoption of
text-book, see Kendall v. Board of Education, 106 /' 681.

TEXT BOOKS : The provision of the law that text-books once adopted
shall not be changed within five years, was designed to protect the public
and not for the benefit of book publishers.

A resolution of the board directing the purchase of a specified number
of text-books for use in the school constituted an adoption of that book.
The five years began to run from the date of such resolution, not from the
time the books were completely installed in the school.


The provisions of the statute that all text-books shall be uniform in any
one subject, requires uniformity in the books used in the same grade
only, and does not require that all text-books used in the different grades
on the same subject shall be of the same series.

A resolution of the board to purchase certain text-books for "Supplementary
use" shows no intention to adopt, and is illegal and void. Att'y Gen'l. ex rel.
Marr v. Bd. Edu. Detroit, 133/681.

(59.) 4681. SEC. 10. The district board may purchase Purchase of
at the expense of the district, such text books as may be neces- poor children.
sary for the use of children when parents ure not able to fur-
nish the same, and they shall include the amount of such pur-
chase in the report to the township clerk or clerks, to be levied
in like manner as other district taxes.

(60.) 4682. SEC. 17. The district board shall have the Board to
general care of the school, and shall make and enforce suitable ruiesfor
rules and regulations for its government and management, and schools -
for the preservation of the property of the district. Said board May suspend
may authorize or order the suspension or expulsion from the disorderly
school, whenever in its judgment the interests .of the school pupils,
demand it, of any pupil guilty of gross misdemeanor or per-
sistent disobedience. Any person who shall disturb any school Penalty for
by rude and indecent behavior, or by profane or indecent dis- scnooL ing
course, 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 imprisonment in the county jail
not exceeding thirty days.

EXPULSION : It is not necessary that a pupil be guilty of a criminal act
before he can be suspended or expelled from school. He must be guilty of
some wilful or malicious act of detriment to the school and the misconduct
must, be gross something more than a petty or trivial offense against the
rules or he must be persistent in his disobedience of the proper and reason-
able rules and regulations of the school. A boy cannot be expelled or sus-
pended for a careless act, no matter how negligent, if it is not wilful or
malicious. Holman v. Sch. Dist., 77 / 609.

MISDEMEANOR: The meaning of the word "misdemeanor" in this section
is gross misconduct or gross misbehavior, not necessarily a criminal act.
Holman v. Sch. Dist, 77/606-7.

George R. Matthews v. Board of Education of School District No. 1 of the
City and Township of Kalamazoo.

The ruling of the school board of 1894 required all children to be vaccinated
before attending the public school. George Mathews, having three children of
school age who had not been vaccinated, brought mandamus proceedings in the
circuit court to compel the school board to admit the children to the public
school. Case decided in the supreme court July 10, 1901. Decision : That
school board under this section of the Compiled Laws had no authority to
compel children to be vaccinated before entering public school. It is tht
opinion of the court, however, that in case there had been an epidemic of
smallpox in the city at that time the board would have the authority to
temporarily close the school, or say who shall be excluded from tfce school until
the epidemic is passed.

A school district board, by virtue of the authority conferred on it by statute
to enact rules for the management of the schools, has no power to adopt a
general, continuing rule, operative without regard to varying conditions, ex-
cluding from the schools all pupils who have not been vaccinated. Mathews
v. Kalamazoo Board of Education, 127 / 530.

RULES : A board of education under authority of the statute has power
to make rules requiring children to go directly home after school. A principal
is not liable for damages who enforces such a rule. Jones v. Cody, 132 / 13.

(61.) 4683. SEC. 18. All persons residents of any who can at-
school district, and five years of age, shall have an equal right tend schooh
to attend any school therein ; and no separate school or depart- NO separate
nient shall be kept for any persons on account of race or color : Account of
Provided, That this shall not be construed to prevent the rac e, etc.



Grading not

boards may
admit non-

Children who
are a county
charge to be

grading of schools according to the intellectual progress of the
pupil, to be taught in separate places as may be deemed expe-

It is the requirement of the general law that the right to attend the
schools shall be possessed equally and impartially by all classes of residents.
People v. Detroit Bd. of Ed., 18 / 413. And mandamus will lie at the In-
stance of a father to compel the admission of his child to school. Id.

(62.) 4684. SEC. 19. The district board may admit to
the district school non-resident pupils, and may determine the
rates of tuition of such pupils and collect the same, which
tuition shall not be greater than fifteen per cent more than the
average cost per capita for the number of pupils of school age
in the district. Children who are being cared for at county
expense shall be admitted to the school in the district whose
schoolhouse is nearest the county house, on the same terms
that other non-resident pupils are admitted. When noti-resi-
dent pupils, their parents or guardians, pay a school tax in
said district, such pupils shall be admitted to the schools of
the district, and the amount of such school tax shall be credit-
ed on their tuition a sum not to exceed the amount of such
tuition, and they shall only be required to pay tuition for the
difference therein.

TUITION: Before any action can be maintained for the tuition of non-
resident pupils, the district board must first fix and determine the rate of tui-
tion of such pupils, by resolution of the board properly recorded by the director
in the records of the district. Thompson v. Sch. Dist., 25 / 483.


To preside.

orders, etc.

Duties. (63.) 4685. SEC. 20. It shall be the duty of the moder-

ator of each school district:

First, To preside, when present, at all meetings of the dis-
trict and of the board ;

Second, To countersign all orders legally drawn by the
director upon the treasurer for moneys to be disbursed by the
district, and all warrants of the director upon the township
treasurer for moneys raised for district purposes, or appor-
tioned to the district by the township clerk;

when to bring Third, To cause an action to be prosecuted in the name of
the district on the treasurer's bond, in case of any breach of
any condition thereof;

Fourth, To perform such other duties as are or shall be by
law required of the moderator.

Am. 1903, Act 49.

SECOND : Countersigning orders. Wall v. Eastman, 1 / 268 ; Sch. Dist.
v. Mallary, 22 / 111. The moderator has the right to satisfy himself that
the claim for which the order was drawn is a valid one. Stockwell v. White
Lake Twp. Bd., 22/341; People v. Bender, 36/195. But it must be a very
plain case of wrong, where the moderator can refuse to enable the district
to obtain its own funds. People v. Bender, 36 / 197. The director is a
proper relator for mandamus to compel the moderator to countersign. Id.

Where an order purports upon its face to be issued by a school district, and
is signed by the school officers in the ordinary place for signatures, and at
the left, in fine print, are the words, "Issued by authority of the officers
of said district, and payment guaranteed," and a space left underneath for
the signatures of the guarantors. Held, That the purchaser took the order sub-
ject to the authority of the school district to issue. That such school officers
are not liable as guarantors. Bailey v. Tompkins, 127 / 74.



(64.) 4686. SEC. 21. It shall be the duty of the direct-
or of each school district :

First, To act as clerk, when present, at all meetings of the Director to be
district and of the board ;

Second, To record the proceedings of all district meetings, TO keep and
and the minutes of all meetings, orders, resolutions, and other Sfnutes.
proceedings of the board, in proper record books ;

Third, To give the prescribed notice of the annual district TO give notice
meeting, and of all such special meetings as he shall be re-
quired to give notice of in accordance with the provisions of

Fourth, To draw and sign warrants upon the township treas- TO draw and

. , t \. ..,.. LJ. , sign warrants

urer for all moneys raised for district purposes, or apportioned and orders.
__ to the district by the township clerk, payable to the treasurer
of the district, and orders upon the treasurer for all moneys
to be disbursed by the district and present them to the moder-
ator, to be countersigned by that officer. Each order shall
specify the object for which, and the fund from which, it is
drawn ;

Fifth, To draw and sign all contracts with teachers, when TO draw and
directed by the district board, and present them to the other S1{
members of the board for further signature ;

Sixth, To provide the necessary appendages for the school- T O provide^
house and keep the same in good condition and repair during and keep
the time school shall be taught therein. Necessary append-
ages within the meaning of law shall consist of the following
articles, to wit: A set of wall maps, the grand divisions, the
United States and Michigan, not exceeding twelve dollars in
price, a globe not exceeding eight dollars, a dictionary not ex-
ceeding ten dollars, a reading chart not exceeding five dollars,
and a case for library books not exceeding ten dollars; also
a looking-glass, comb, towel, water pail, cup, ash pail, poker,
stove shovel, broom, dust pan, duster, wash basin and soap;

Seventh, To keep an accurate account of all expenses in- TO keep
curred by him as director, and such accounts shall be audited ac
by the moderator and treasurer, and on their written order
shall be paid out of any money provided for the purpose ;

Eighth, To present at each annual meeting an estimate of To.present
the expenses necessary to be incurred during the ensuing year expenses
by the director as provided by law, and for the payment of the 2SS5?
services of any district officer;

Ninth, To preserve and file copies of all reports made to the TO preserve
school inspectors, and safely preserve and keep all books, pa- other doSf-
pers and other documents belonging to the office of director, ments -
or to the district when not otherwise provided for, and to de-
liver the same to his successor in office;

Tenth, To perform such other duties as are or shall be re- other duties,
quired of the director by law or the district board.

Am. 1901, Act 165.


SECOND: Proceedings which are required to be recorded cannot be proved
by parol. Thompson v. Sch. Dist., 25/488.

FOURTH : The warrant for payment by the treasurer to the assessor of
moneys belonging to the district is an official order for the transfer of funds,
not negotiable and not legally payable to any person but the officer named.
Fox v. Shipman, 19 / 218 ; Burns v. Bender, 36 / 195. See Sch. Dist. v. Mal-
lary, 23 / 111 ; Scvh. Dist. v. Sch. Dist., 40 / 551. The duty of procuring this
transfer of district moneys, within some reasonable time is not discretionary,
but absolute, upon the director, and the moderator is bound to countersign all
orders of the director for that purpose. Burns v. Bender, 36 / 197. The
township treasurer must pay so much of the money in his hands as is cov-
ered by the director's warrant in proper form, even though it does not specify
a precise sum, but is for all such money in his hands as was raised for the
purposes of the district. Bryant v. Moore, 50 / 225. The disbursement of all
school moneys must be made upon orders drawn on the assessor by the director,
countersigned by the moderator. Burns v. Bender. 36 / 195 ; Midland Sch.
Dist. v. Sch. Dist, 40 / 551 ; Sch. Dist. v. Mallary, 23 / 111.

SIXTH : See section 43, subd. 7. See, also, Sch. Dist. v. Snell, 24 / 350 ;
Cent. Sch. Supply House v. Sch. Dist., 99 / 402. Removal of director from
office for persistent refusal and neglect to put the furniture, etc., of the school-
house in order and repair. Twp. Board of Hamtramck v. Holihan, 46 / 127.

SEVENTH : Assumpsit will lie in favor of the director of a school district
on a disputed claim, the moderator and assessor having declined to pass upon
the same as an entirety under this subdivision. Van Wert v. Sch. Dist.,
100 / 332.

EIGHTH : Trior to 1859, no provisions of law existed for paying any of
the officers for services rendered. Hinman v. Sch. Dist., 4 / 168.

school-board (^5 ) 4(587. g EC . 22. It shall be the duty of all school

annual census, boards and boards of education in this State to make an an-
nual school census in their respective districts or cities as is
provided in this section:

When taken. First, In all school districts, except in incorporated cities
having a population of three thousand or over, within fifteen
days next previous to the first Monday in June of each year,

who to make the director, or such other reputable and capable person or
on " persons as the district board may appoint, shall take the

Data required, school census of the district and make a list in writing of
the names and ages of all the children who are five years of
age, and under twenty years of age, whose parents or legal
guardians reside therein, the names of said parents or guard-
ians, giving street and residence number in villages and cities,
in such form as the Superintendent of Public Instruction may
prescribe, and said list shall be verified by the oath or affirma-
tion of the person taking such census, by affidavit appended
thereto or indorsed thereon, setting forth that it is a correct
list of the names of all the children between the ages afore-
said residing in the district. Said affidavit may be made
before the township clerk or other officer authorized by law

returned * * ake acknowledgments; and said verified census list shall
be returned with the annual report of the director to the
township clerk before the first Monday in August thereafter.

compensation. The director, or other person employed by the board of edu-
cation, may receive as compensation for taking said census,
such sum as the school board may direct, not exceeding one
hundred dollars.

in cities, who Second, In all incorporated cities or special legislative dis-

census?etc. trict having a population of three thousand or over, within
twenty days next previous to the first Monday in June of
each year, the secretary of the board of education, or other
reputable and capable person or persons employed by the


board of education, shall take the school census of such city
as folows:

(a) The census shall be taken and reported by wards. Taken by

(b) Each enumerator shall make a list in writing of the Data required.
names and ages of all children who are five years of age and

under twenty years of age, whose parents or legal guardians
reside in the ward or portion of the ward allotted to said
enumerator, together with the names of said parents or legal
guardians, giving the street and residence number in each
case, said li.st to be in such form as the Superintendent of
Public Instruction may prescribe, and it shall be verified by List verified.
the oath or affirmation of the person making the same, by
affidavit appended thereto or indorsed thereon, setting forth
that it is a correct list of the parents or legal guardians, their
stfeet and residence number, the names and ages of all the
children between the ages aforesaid residing in the ward or
part thereof as allotted to him.

Third. In taking the census in any school district or city, certain
the director or enumerators shall not include in the census fnciuded! 101
the names of any child or children in reformatories or pris-
ons ; nor the names of any child or children in asylums, alms-
houses, or other charitable institutions, except as follows:

(a) Children in such institutions who regularly attend Exceptions,
the public schools.

(b) Orphans whose parents at the time of death resided
in such school district or city.

Children of either class shall be included in the district
or ward where such institution is located, except children in
class (a) where the parents, or either of them, reside in the Legal
city or district, and in such cases the legal residence of the re
child is that of the parent. Indian children shall not be in- Indian
eluded in any census, unless they attend the public school chlldren -
or their parents are liable to pay taxes in the district or
city. Domestics, bell boys and other servants, if entitled to Domestics,
be included in the census, must be recorded at the residence of e
their parents or legal guardians.

Fourth, In cities having a population of three thousand cities, when
or over, the secretary of the board of education and the sev-ptied! sc
eral enumerators shall, immediately after the first Monday
in June in each year, compare, correct and compile the entire
census. The said secretary of the board of education shall ^SSury
then attach thereto his affidavit that the several enumerators
were duly employed by the board of education and that said
census has been properly compared, corrected and compiled;
and forthwith, and before the second Monday in July there- when trans-
after , transmit to the Superintendent of Public Instruction snpt! Public
the entire census, together with his affidavit and the affidavits Inst *
of the several enumerators, and at the same time he shall
transmit to said superintendent the annual statistical and
financial report of snid city or district.

V .IM l!">u.';, \i-\_ L'J.S; 100."), Ai-t. ,';',



Penalty for
giving false
for school

Report to
school inspec-
tors, what to

director of
district to

(66.) 4688. SEC. 22a. Any person who shall refuse to
give any census enumerator of school children the necessary
information for the compiling of a correct census or who shall
intentionally give to such enumerator any false information

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