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as to the names or ages of school children or as to the names
or residence of the parents or guardians of any school children,
or any school census enumerator who shall perform his duties
carelessly or negligently or shall include in the list of names
of school children any children who are not actually residents
of the city or district, shall be guilty of a misdemeanor, and
upon conviction thereof in a court of competent jurisdiction,
shall be liable to a fine of not less than five dollars nor more
than fifty dollars, or to imprisonment in the county jail for
not more than twenty days, or both such fine aud imprison-
ment in the discretion of the court.

Am. 1905, Act 208.

(67.) 4689. SEC. 23. The director shall dlso, at 1he
end of the school year, and previous to the first Monday in
August in each year, deliver to the township clerk, to be filed
in his office, a report to the board of school inspectors of the
township, showing:

First, The whole number of children belonging to the dis-
trict between the ages of five and twenty years, according to
the census taken as aforesaid;

Second, The number attending school during the year under
five, and also the number over twenty years of age ;

Third, The number of non-resident pupils of the district
that have attended school during the year;

Fourth, The whole number that have attended school dur-
ing the year;

Fifth, The length of time the school has been taught dur-
ing the year by a qualified teacher, the name of ach teacher,
the length of time taught by each, and the wages paid to
each;

Sixth, The average length of time scholars between five
and twenty years of age have attended during the year;

Seventh, The amount of money received from the township
treasurer apportioned to the district by the township clerk ;

Eighth, The amount of money raised by the district, and
the purposes for which it was raised;

Ninth, The kind of books used in the school ;

Tenth, Such other facts and statistics in regard to the
schools and the subject of education as the Superintendent of
Public Instruction shall direct.

Am. 1905, Act 36.

(68.) 4690. SEC. 24. The director of each fractional
district shall make his annual report to the clerk of the town-
ship in which the schoolhouse is situated, and shall also re-
port to the clerk of each township in which the district is in



GENERAL SCHOOL LAWS. 33

part situated, the number of children between the ages of five
and twenty years in that part of the district lying in such
township.

TREASURER.

(69.) 4691. SEC. 25. It shall be the duty of the treas-
urer of each school district:

First, To execute to the district and file with the director TO give bond,
within ten days after his election or appointment, a bond in
double the amount of money to come into his hands as such
treasurer during his term of office, as near as the same can be
ascertained, with two sufficient sureties, who shall be residents
of the same county, and each of whom shall be required to
justify under affidavit, to the amount of said bond unless the
treasurer shall furnish a bond of some surety company au-
thorized to do business in this State, to be approved by the HOW
moderator and director, conditioned for the faithful applica- a PP roved -
tion of all moneys that shall come into his hands by virtue of
his office, and to perform all the duties of his said office as re-
quired by the provisions of this act. Said bond shall be filed where filed.
with the director, and none of the books or money of the dis-
trict shall be placed in the hands of the treasurer until his
bond has been filed, and in case of any breach of the condition when suit
thereof, the moderator shall cause a suit to be commenced blight on.
thereon in the name of the district, and any moneys collected
thereon shall be paid into the township treasury, subject to
the order of the district officers, and shall be applied to the
same purposes as the moneys lost should have been applied
by the treasurer;

Second, To pay all orders of the director, when lawfully TO pay orders.
drawn and countersigned by the moderator, out of any moneys
in his hands belonging to the fund upon which such orders
may be drawn ;

Third, To keep a book in which all the moneys received and TO keep
disbursed shall be entered, the sources from which the same ac
have been received, and the persons to whom and the objects
for which the same have been paid;

Fourth, To present to the district board at the close of the TO make
school year a report in writing, containing a statement of all ar
moneys received during the preceding year, and of each item
of disbursements made, and exhibit the voucher therefor;

Fifth, To appear for and on behalf of the district in all TO appear
suits brought by or against the same, when no other direc- i r suits? c
tions shall be given by the qualified voters in district meeting,
except in suits in which he is interested adversely to the dis-
trict, and in all such cases, the moderator shall appear for
such district, if no other direction be given, as aforesaid;

Sixth, At the close of his term of office to settle with the TO deliver
district board, and deliver to his successor in office all books, successor. " tc
vouchers, orders, documents and papers belonging to the
5



34



GENERAL SCHOOL LAWS.



office of treasurer, together with all district moneys remainin<>-
on hand;

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

Am. 1901. Acts 62, 165; 1903, Acts 21, 49.

: An assessor cannot lawfully withhold the district funds in his
d when demanded by his successor, upon a claim that he is entitled to be
personally notified of such election and acceptance of office. He is chargeable
with notice of such facts and is liable to an action for money had and re-
ceived as well as action on his bond. Mason v. Sch. Dist 34/^28 See
Welch v. Frost, 1/30: also, Bryant v. Moore, 50/225

SECOND: See Section 63, subd. 2, and Section 64, subd. 4, and
notes. The assessor is the disbursing officer of the district. Sch. Dist v
Ma llary, 23/111. He is the lawful treasurer and depositary of school d's-
Trict funds and all moneys must pass through his hands and be paid out bv
him on proper orders. Sch. Dist. v. Sch. Dist., 40/551. Moneys in the
hands of the township treasurer belonging to a school district cannot be ap-
plied to any district purpose, except through the hands of the assessor.
Burns v. Bender. 36/198. An assessor cannot pay out any money lawfully
without a warrant. Td. Interest is not payable on school district orders if
no authority has been given to impose it. Turnbull v. Sch. Dist.. 45/490.
But interest mav be allowed from demand when mandamus is granted for
payment, when its claim is such a settled demand as would sustain a re-
covery of interest at law. Martin v. Tripp, 51 / 184. Mandnmus lies to com-
pel a district to pay or provide for the payment of its orders. Turnbull v.
Sch. Dist., 45/496. And to compel an assessor to pay a school order, where
the court is satisfipd that there is no valid defense. Martin v. Tripp, 51 /1 84.
A showing of a want of funds is a complete answer to an application for
mandamus to require an assessor to pay a warrant drawn on him. Allen v.
Frink. 32/96.

FIFTH : The management and control of suits is specially confided to the
assessor, when no other direction is given in district meeting : the moderator
and director, though constituting a majority of the district board, have no
authority to take the defense of a suit from the assessor. And the voters,
as such, cannot interfere. Sch. Dist. v. Wing, 30/351. See Benalleck v.
People, 31 / 204. An appeal taken in the' name of the district without the
authority of the assessor, if he is competent to act, is void. Id. Whether he
is a proper relator for mandamus to compel the moderator to sign the director's
warrants, see Burns v. Bender, 36 / 197.

SIXTH : Deposits in a Bank : Where money belonging to a board of
education or a school district is deposited in a bank with the knowledge of
the board and the district receives interest thereon, the district does not be-
come a preferred creditor upon failure of bank. Bd. of Ed. City of Detroit
v. Union Trust Co. N. W. Rep., 99 / 373.



CHAPTER IV.



TOWNSHIP OFFICERS TOWNSHIP BOARD OF SCHOOL INSPECTORS.



Township
board school
inspectors.

Meeting and
organization
of.



Chairman of
board to be
treasurer.
To giye bond,



(70.) 4692. SECTION 1. The school inspectors of each
township, together with the township clerk, shall constitute
the township board of school inspectors. Said board shall
meet at the office of the township clerk within twenty days
after the first Monday of April in each year, and elect one of
their number other than the township clerk chairman of said
board, and the township clerk shall be the clerk thereof.

(71.) 4693. SEC. 2. The chairman of said board shall
be the treasurer thereof, and shall give bond to the township
in double the amount of moneys to come into his hands during
his term of office, as near as the same can be ascertained, with
two sufficient sureties, to be approved by the township clerk,
conditioned for the faithful appropriation of all moneys that



GENERAL SCHOOL LAWS. 35



may come into his hands by virtue of his office. Said bond Bond to be
shall be filed with the township clerk, and in case of the non- fi
fulfillment thereof, said clerk shall cause a suit to be com- when suit to
menced thereon, and the moneys collected in such suit shall thereonf ht
be paid into the township treasury, and shall be applied to
the same purposes as the moneys lost should have been ap-
plied by said treasurer of the board of school inspectors.

The treasurer of the board of school inspectors, and not the township treas-
urer, is the proper custodian of the township library money ; and the latter
officer, on proper demand, is bound to pay it over to the former and is not
entitled to hold it until drawn by the inspectors as needed for specific appro-
priations. Mandamus will lie to enforce the performance of this duty. Mc-
Tharlin v. Mahoney, 30/100. See Burns v. Bender, 30/105.

(72.) 4694. SBC. 3. On the first Monday in August in inspectors
year the inspectors shall make triplicate reports setting-



forth the whole number of districts in their townships, the wha *. to
amount of money raised and received for township and district
libraries, and such other items as shall from year to year be
required by the Superintendent of Public Instruction, together
with the several particulars set forth in the reports of the
several directors for the preceding year; and the township Township
clerk shall, within ten days thereafter, forward two copies clerk, to
of the same, together with a copy of each of the school di- copiS 1 1
rectors' reports, to the county commissioner of schools, and
file the other copy in his office: Provided, That in township froviso, as to
districts where the board of education is by law made a board education.
of school inspectors, said board shall meet on said first Mon-
day in August and make the same reports to the Superin-
tendent of Public Instruction, as are required of school in-
spectors in this section.

Am. 1905, Act 36.

(73.) 4605. SEC. 4. It shall be the duty of the school inspectors to
inspectors, before making their annual report, as required by of aSSfied*
the preceding section, to examine the list of legally qualified teachers -
teachers on file in the office of the township clerk, and if in any
school district a school shall not have been taught for the time
required by law during the preceding school year by a legally
qualified teacher, no part of the public money shall be dis-
tributed to such district, although the report from such dis- TO report
trict shall set forth that a school has been so taught ; and it emp^yinT
shall be the duty of the board to certify to the facts in rela- such -
tion to any such district in their annual report.

(74.) 46D6. SEC. 5. It shall be the duty of the board of inspectors to
inspectors to render to the township board, on the Tuesday 3Snft"
next preceding the annual township meeting, a full and true *&**
account of all moneys received and disbursed by them as such
inspectors during the year, which account shall be settled by
said township board, and such disbursements allowed, if the
proper vouchers are presented.

(75.) 4697. SEC. 6. The whole number of meetings of Number of
the township board of school inspectors at the expense of the S



36



GENERAL SCHOOL LAWS.



township, during any one school year, shall not exceed eight;
but this shall not be construed to prevent said board holding
further meetings in case of necessity, provided no expense to
the township be incurred.



Notice of meeting, see Section 31.



Township
clerk to be
clerk of board
of inspectors.



Duties as such.



TOWNSHIP CLERK.

(76.) 4008. SEC. 7. The township clerk shall be the
clerk of the board of school inspectors by virtue of his office,
and shall attend all meetings of said board, and, under their
direction, prepare all their reports and record the same, and
shall record all their proceedings. He shall also receive and
keep all reports to inspectors from the directors of the several
school districts in his township, and all the books and papers
belonging to the inspectors, and file such papers in his office;
and he shall receive all such communications, blanks, and docu-
ments as may be transmitted to him by the Superintendent
of Public Instruction, and dispose of the same in the manner
directed by said superintendent.

(77.) 4699. SEC. 8. It shall be the duty of the town-
ship clerk annually, immediately after the organization of the
board of school inspectors of his township, to transmit to the
county clerk a certified statement of the name and post-office
address of the chairman of said board, and in case there shall
be a change in such chairman, during the year, he shall imme-
diately notify the county clerk of such change.

(78.) 4700. SEC. 9. Each township clerk shall cause a
map to be made of his township, showing by distinct lines
thereon the boundaries of each school district, and parts of
school districts therein, and shall regularly number the same
thereon as established by the inspectors. One copy of such
map shall be filed by the said clerk in his office, and one other
copy he shall file with the supervisor of the township; and
within one month after any division or alteration of a district,
or the organization of a new one in his township, the said
clerk shall file a new map and copy thereof as aforesaid, show-
ing the same.

That certain lands are within a particular school district may be shown
by parol, without producing maps, plats or documents. Brooks v. Fairchild,
36 / 234.

TO report to (79.) 4701. SEC. 10. It shall be the duty of the town-
schooit s ax r es a11 sni P clerk of eacn township, on or before the first day of Octo-
ber of each year, to make and deliver to the supervisor of his
township a certified copy of all statements on file in his office
of moneys proposed to be raised by taxation in each of the sev-
eral school districts of the township for school purposes. He
shall also certify to the supervisor the amount to be assessed
upon the taxable property of any school district retaining
the district school-house or other property, on the division ^of
the district, as the same shall have been determined by the in-



To notify
county clerk
of chairman
of board of
inspectors.



To make map
of districts.



Where map
to be filed.

When new
map to be
made.



GENERAL SCHOOL LAWS. 37

specters, and he shall also certify the same to the director of
such district, and to the director of the district entitled
thereto.

(80.) 4702. SEC. 11. On receiving notice from the TO apportion
county treasurer of the amount of school moneys apportioned 8

to his township the township clerk shall apportion the same
amount to the several districts therein entitled to the same in
proportion to the number of children in each between the ages
of five and twenty years, as the same shall be shown by the an-
nual report of the director of each district for the school year
closing prior to the May apportionment.

Apportionment by superintendent of public instruction. Moiles v. Watson,
60 / 415.

(81.) 4703. SEC. 12. Said clerk shall also apportion TO apportion
to the school districts in his township, as required by law, on sc
receiving notice of the amount from the township treasurer, all
moneys raised by township tax, or received from other sources,
for the support of schools ; and in all cases make out and de- statement to
liver to the township treasurer a written statement of the num- treasure?.
ber of children in each district drawing money, and the amount
apportioned to each district, and record the apportionment in
his office ; and whenever an apportionment of the primary TO notify
school interest fund, or moneys raised by tax, or received Jjjj^nt 8 f
from other sources, is made, he shall give notice of the amount apportioned
to be received by each district to the director thereof.



TOWNSHIP SUPERVISOR AND TREASURER.

(82.) 4704. SEC. 13. It shall be the duty of the super- Assessment
visor of the township to assess the taxes voted by every school
district in his township, and also all other taxes provided for taxes -
in this act, chargeable against such district or township, upon
the taxable property of the district or township respectively,
and to place the same on the township assessment roll ia the
column for school taxes, and the same shall be collected and
returned by the township treasurer in the same manner and
for the same compensation as township taxes. If any taxes Taxes not
provided for by law for school purposes shall fail to be as-
sessed at the proper time, the same shall be assessed in the
succeeding year.

FAILURE TO ASSESS: The provision in the last clause of this section
applies to a case where school taxes are not certified by the board to the
township clerk in time for certification to the supervisor for assessment.
Wilcox v. Eagle Twp., 81 / 271. See Union Sch. Dist. v. Parris, 97 / 596.

(83.) SEC. 14. The supervisor shall also assess upon the Assessment of
taxable property of his township, one mill upon each dollar r
of the valuation thereof in each year, and report the aggregate
valuation of each district to the township clerk, who shall re-
port said amount to the director of each school district in his
township, Qr to the director of any fractional school district



GENERAL SCHOOL LAWS.



Proviso.
When assess-
ment not to be
made.



Moneys
apportioned
by town clerk.



In townships
where no
districts are
formed.



a portion of which may be located in said township before the
first day of September of each year: Provided, That before
the supervisor shall assess said tax he shall examine the re-
ports of the several school districts in his township for the
preceding year and if said reports show, exclusive of funds
raised for building purposes, a balance on hand in any district
of a sum equal to or in excess of the amount paid for teachers'
wages in said district during the preceding year, then said su-
pervisor shall not assess the one-mill tax upon the property of
such district for the ensuing year. All moneys raised by one-
mill tax shall be apportioned by the township clerk to the dis-
trict in which it was raised, and all moneys collected by virtue
of this act during the year, on any property not included in
any organized district, or in districts which have not main-
tained school for the required period during the previous year,
shall be apportioned to the several other school districts of
said township that did maintain school, in the same manner
as the primary school interest fund is now apportioned. All
moneys accruing from the one-mill tax upon the property of
any district in any township before said district shall have
a legal school therein, shall belong to the district in which it
was raised when such district shall have maintained school
for the required period by a qualified teacher.

Am. 1905, Act 16.

See Saginaw Twp. v. Saginaw, 9 / 541 ; Twp. of Deerfleld v. Harper,
115 / 678.

when district (84.) 4706. SEC. 15. The amount to be assessed upon
certa?n d t e axes the taxable property of any school district retaining the school-
to be assessed, house or other property, on the division of a district, as the
same shall have been determined by the inspectors, shall be
assessed by the supervisor in the same manner as if the same
had been authorized by a vote of such district ; and the money
so assessed shall be placed to the credit of the taxable prop-
erty taken from the former district, and shall be in reduction
of any tax imposed in the new district on said taxable prop-
erty for school district purposes: Provided, That if the dis-
trict retaining the schoolhouse shall vote to pay, and shall
pay, before said taxes are assessed, any portion of said amount
to the new district, said amount, as shall be certified by the
moderator and director of the new district to the supervisor,
shall be deducted from the amount to be assessed as provided
in this section. When collected, such amount shall be paid
over to the treasurer of the new district, to be applied to the
use thereof in the same manner, under the direction of its
proper officers, as if such sum had been voted and raised by
said district for building a schoolhouse or other district pur-
poses.



Proviso.



How such
taxes to be
applied.



Am. 1901, Act 165.

NEW DISTRICT: The money when collected, must be paid to the assessor
of the new district ; and if wrongfully paid to the old one, the new district
may maintain -an action for money, had and received, against the old dis-
trict. Sch. Dist. v. Sch. Dist, 40/551.



GENERAL SCHOOL LAWS. 39



(85.) 4707. SEC. 16. The full amount of all taxes to Taxes in
be levied upon the taxable property in a fractional school dis- Ss?ri*cts al
trict shall be certified by the district board to the township
clerk of each township in which such district is in part sit-
uated, and by such township clerks to the supervisors of their
respective townships, and it shall be the duty of each of said
supervisors to certify to each o{her supervisor interested, the
amount of taxable property in that part of the district lying in
his township : Provided, That when there exists a manifest Proviso,
difference in the valuation of property assessed in fractional
districts, composed of territory in adjoining townships or
counties, such valuation shall be equalized for this specific pur-
pose by the supervisors of the townships interested at a joint
meeting held for that purpose, on application of either of the
supervisors of said townships. And such supervisors shall re-
spectively ascertain the proportion of such taxes, including
mill tax, to be placed on their respective assessment rolls, ac-
cording to the amount of taxable property in each part of such
district. And if said supervisors cannot agree as to the pro- in cases of
portion of such taxes to be placed on their respective assess- of S sup e erv^ofs.
ment rolls, a supervisor from an adjoining township shall be
called to meet with said supervisors in said fractional district
and assist in equalizing said valuation. Said supervisor to be
paid at the rate of three dollars per diem for the time neces-
sarily employed in attendance at such meeting of the super-
visors, and all necessary traveling expenses, by the townships
in interest.

(86.) 4708. SEC. 17. The supervisor, on delivery of the statement to
warrant for the collection of taxes to the township treasurer, {Surer.
shall also deliver to said treasurer a written statement of the
amount of school and library taxes, the amount raised for dis-
trict purposes on the taxable property of each district in the
township, the amount belonging to any new district on the
division of the former district, and the names of- all persons
having judgments assessed under the provisions of this act
upon the taxable property of any district, with the amount
payable to such person on account thereof.

(87.) 4709. SEC. 18. The supervisor of each township, statement to
on the delivery of the warrant for the collection of taxes to the {Sure? of
township treasurer, shall also deliver to said treasurer a writ- ? n ^~"j"^ tax
ten statement, certified by him, of the amount of the one-mill fractional
tax levied upon any property lying within the bounds of a frac- d


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 5 of 20)