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tional school district, a part of which is situate within his
township, and the returns of which are made to the clerk of
some other township; and the said township treasurer shall
pay to the township treasurer of such other township the
amount of the taxes so levied and certified to him for the use
of such fractional school district.

(88.) 4710. SEC. 19. Whenever any portion of a school collection and
district shall be set off and annexed to any other district, or ment oTtaxes
organized into a new one, .after a tax for district purposes d? st ricL Si n f



40



GENERAL SCHOOL LAWS.



School taxes,
when paid.



other than the payment of any debts of the district shall have
been levied upon the taxable property thereof, but not col-
lected, such tax shall be collected in the same manner as if no
part of such district had been set off, and the said former dis-
trict, and the district to which the portion so set off may be
annexed or the new district organized from such portion, shall
each be entitled to such proportion of said tax as the amount
of taxable property in each part thereof bears to the whole
amount of taxable property on which such tax is levied.

See Section 36 and notes.

(89.) 4711. SEC. 20. The township treasurer shall re-
tain in his hands, out of the moneys collected by him, after
deducting the amount of tax for township expenses, the full
amount of the school taxes on the assessment roll, and hold
the same subject to the warrant of the proper district officers,
to the order of the school inspectors, or of the persons entitled
thereto, and give a written notice to the township clerk of the
amount.

SCHOOL TAXES : The township treasurer has no right to receive for
school moneys anything which the law has not authorized to be received.
If he does so and receipts for the taxes, he must make good the amount.
Jones v. Wright, 34 / 372 ; Sch. Dist. v. Sch. Dist., 40 / 554. See Elliott v.
Miller, 8 / 132, and notes to Section 2353. The liability of a township treas-
urer for school moneys is distinct from his ordinary liability for township
moneys, and it cannot be released or in any way affected by the action of
the township board. Jones v. Wright, 34 / 372. As to the custody, etc., of
school district moneys, see notes to Section 64, subd. 4 ; Section 69, subd.
1, 2, ; and Section 72.

Liab. of township to Sch. Dist., Sec. 3914, C. L., provides that all losses
that may be sustained by the default of any township officer in the discharge
of any duty imposed by the act shall be chargeable to the township. The act
charges the township treasurer with the duty of collecting and paying over
all school district taxes. Held, that a township is liable to a school district
for school moneys lost through the defalcation of the township treasurer.
Smith v. Jones, 99 N. W. Rep. 742.

(90.) 4712. SEC. 21. The township treasurer shall,
from time to time, apply to the county treasurer for all school
and library moneys belonging to his township, or the districts
thereof ; and on receipt of the moneys to be apportioned to the
districts, he shall notify the township clerk of the amount to
be apportioned.

(91.) 4713. SEC. 22. Each treasurer of a township, to
the clerk of which the returns of any fractional school district
shall be made, shall apply to the treasurer of any other town-
ship in which any part of such fractional school district may
be situated, for any money to which such district may be en-
titled; and when so received it shall be certified to the town-
ship clerk, and apportioned in the same manner as other taxes
for school purposes.



Township
treasurer to
apply to
county
treasurer for
moneys



Moneys due

fractional

districts.



GENERAL SCHOOL LAWS. 41

CHAPTER V.

COUNTY CLERK AND TREASURER.

(92.) 4714. SECTION 1. It shall be the duty of each county. clerk
county clerk to receive all such communications, blanks, and dispose? a



documents as may be directed to him by the Superintendent
of Public Instruction, and dispose of the same in the manner
directed by said superintendent.

(93.) 4715. gEC. 2. The clerk of each county shall, on county clerk
receiving from the secretary of the county board of school ex- reportetc.
aminers the annual reports of the several boards of school
inspectors, file the same in his office. On receiving notice from Notice of
the Superintendent of Public Instruction of the amount of m P enTof n ~
moneys apportioned to the several townships in his county mone y s -
he shall file the same in his office, and forthwith deliver a copy
thereof to the county treasurer.

(94.) 4716. SEC. 3. The several county treasurers county treas-
shall apply for and receive such moneys as shall have been ap- "^ moifejS 17
portioned to their respective counties, when the same shall be- appropriated.
come due ; and each of said treasurers shall immediately give TO notify
notice to the treasurer and clerk of each township in his aSfoF
county, of the amount of school moneys apportioned to his amounts.
township, and shall hold the same subject to the order of the
township treasurer.



CHAPTER VI.

BONDED INDEBTEDNESS OF DISTRICTS.

(95.) 4717. SECTION 1. Any school district may, by a when district
two-thirds vote of the qualified electors of said district present Sn y dl s . SU
at an annual meeting, or at a special meeting called for that
purpose, borrow money, and may issue bonds of the district
therefor, to pay for a school-house site or sites, and to erect
and furnish school buildings. The district board, or board of
education, shall estimate the amount of money necessary to
be raised and shall state their estimate in the notices of the an-
nual or special meeting, at which the question of borrowing
money and issuing bonds shall be submitted to the people;
and at said meeting the voters shall have power to ratify by
the vote aforesaid the estimate of the district board, or board
of education, or to fix a new limit on the amount to be bor-
rowed and for which bonds may be issued : Provided, That Proviso, as to
no school district shall issue bonds for an amount greater than ai
five per cent of the total assessed valuation of said district,
6



42



GENERAL SCHOOL LAWS.



and in districts having one hundred or more children in the
school census the bonded indebtedness shall not exceed sev-
enty-five dollars per capita of such census, nor shall the bond-
ed indebtedness of a district extend beyond the period of fifteen
Proviso, as to years for money borrowed : Provided further, That in all pro-
insp r e d cto f rs. ceedings under this section, the district board and one person
selected by the qualified voters present at said meeting shall
constitute a board of inspectors, who shall cause a poll list to
be kept and a suitable ballot-box to be used, and the polls shall
be kept open at least two hours. The votes shall be by ballot,
either printed or written, or partly printed and partly written,
and the canvass of the same shall be conducted in the same
manner as at township elections, or as far f as the laws govern-
ing the same are applicable, and when said laws are not ap-
plicable the board of inspectors shall prescribe the manner hi
which the canvass shall be conducted.



Canvass of
votes, etc.



Issuing bonds
for money
borrowed.



Interest
thereon .



Am. 1899, Act 190 : 1901, Act 165 ; 1905, Act 270.

TWO-THIRDS VOTE: A corporate act, which can be taken only by a. two-
thirds vote, cannot be rescinded by a bare majority. Stockdale v. Sch. Dist.,
47 / 226.

BONDS : A vote to issue school-district bonds in settlement of a demand,
if in excess of the limit fixed by law, may be sustained up to the legal
limit. Stockdale v. Sch. Dist., 47 / 226. The purchaser of a school district
bond has a right to rely upon all facts asserted or appearing upon the face
of the bonds, made by any person or body authorized by law to pass upon
and determine the facts. Gibbs v. Sch. Dist., 88 / 336. Detaching a portion
of a district and organizing it into or with another township. -People v.
Ryan, 19/203.

(96.) 4718. SEC. 2. Whenever any school district shall
have voted to borrow T any sum of money, the district board of
such district is hereby authorized to issue the bonds of such
district, in such form, and executed in such manner by the
moderator and director of such district, and in such sums, not
less than fifty dollars, as such district board shall direct, and
with such rate of interest, not exceeding eight per centum per
annum, and payable at such time or times as the said district
shall have directed.

The statute limits the authority of the board, in issuing bonds, to such as
are authorized by the district ; and, before the board can act, it has a func-
tion to perform in its nature somewhat judicial. It must pass upon the
question whether the proceedings in voting the bonds are such as will authorize
the board to issue them. A purchaser of the bonds, therefor, need look no
further back than the face of the bonds for the facts which show a compliance
with the law. Gibbs v. Sch. Dist., 88 / 337.



(97.) 4719. SEC. 3. Whenever any money shall have
redeem bonds. been borrowed by any school district, the taxable inhabitants
of such district are hereby authorized, at any regular meeting
of such district, to impose a tax on the taxable property in
such district, for the purpose of paying the principal thus bor-
rowed, or any part thereof, and the interest thereon, to be
levied and collected as other school district taxes are collected.
(98.) 4720. SEC. 4. Any school district, whenever it



topaybSids ey shall appear that the same can be done on terms advantageous
further u bonds. to said district, may borrow money to pay any bonded indebt-
edness of said district then existing, and issue further bonds



GENERAL SCHOOL LAWS. 43

of said district therefor: Provided, That a majority of the Proviso.
qualified voters of said district shall so determine, at an an-
nual or special meeting called for that purpose; and that the
notice of such meeting, whether annual or special, shall state
the intention to take such vote.



CHAPTER VII.

SUITS AND JUDGMENTS AGAINST DISTRICTS.

(09.) . 4721. SECTION 1. Justices of the peace shall
liave jurisdiction in all cases of assumpsit, debt, covenant, and jurisdiction n
trespass on the case against school districts, when the amount certam cases -
claimed, or matter in controversy shall not exceed one hun-
dred dollars; and the parties shall have the same right of ap-
peal as in other cases.

As to corporate powers, etc.* see note to Section 30. Liability for debts
after changes made in districts. See Sections 35-36 and notes. Action of
one district against another for money had and received. Sen. Dist. v. Sch.
Dist, 40/551.

(100.) 4722. SEC. 2. When any suit shall be brought Suit against

. , , . , . . J district, how

against a school district, it shall be commenced by summons, commenced.
a copy of which shall be left with the treasurer of the district
at least eight days before the return day thereof.

Am. 1901, Act 165.

(101.) 4723. SEC. 3. No execution shall issue on any NO execution
judgment against a school district, nor shall any suit be againsT
brought thereon, but the same shall be collected in the manner district -
prescribed in this act.

(102.) 4724. SEC. 4. Whenever any final judgment Duty of tmis-
shall be obtained against a school district, if the same shall lo%dg- ative
not be removed to any other court, the treasurer of the district ment s-
shall certify to the supervisor of the township and to the di-
rector of the district the date and amount of such judgment,
with the name of the person in whose favor the same was ren-
dered, and if the judgment shall be removed to another court,
the treasurer shall certify the same as aforesaid, immediately
after the final determination thereof against the district.

Am. 1901, Act 165 ; 1903, Act 49.

(103.) 4725. SEC. 5. If the treasurer shall fail to cer- when trus-
tify the judgment as required in the preceding section, it shall
be lawful for the party obtaining the same, his executors, ad-
ministrators, or assigns, to file with the supervisor the cer-
tificate of the justice or clerk of the court rendering the judg-
ment, showing the facts which should have been certified by
the treasurer.

Am. 1901, Act 165,



44 GENERAL SCHOOL LAWS.

Howjudg- (104.) 4726. SEC. 6. If the district against whom any

i e case C of tlf id suc ^ judgment shall be rendered is situated in part in two or

fractional more townships, a certificate thereof shall be delivered as

aforesaid to the supervisor of each township in which such

district is in part situated.

Supervisors (105.) 4727. SEC. 7. The supervisor or supervisors re-

amounfof ceiving either of the certificates of a judgment as aforesaid

judgment. s h a u proceed to assess the amount thereof, with interest from

the date of the judgment to the time when the warrant for the

collection thereof will expire, upon the taxable property of the

district, placing the same on the next township assessment

HOW collected roll in the column for school taxes ; and the same proceedings

' shall be had, and the same shall be collected and returned in

the same manner as other district taxes.



CHAPTER VIII.

SITES FOR SCHOOLHOUSES.

Si -ho s oihou< (106.) 4728. SECTION 1. The qualified voters of any

howdesi>- ses ' school district, when lawfully assembled may designate by a
nated, etc vo | e o f two-thirds of those present, such number of sites as
may be desired for schoolhouses and may change the same by
similar vote at any annual or special meeting, or by the same
Notice of vote may enlarge any existing site. Whenever the question of
designating a school site or of changing a school site is to be
brought before the school meeting, the notice of said meeting
when inspect- shall state the intention to vote upon such question. When no
site. may fi site can be established by such inhabitants as aforesaid, the
school inspectors of the township or townships in which the
district is situated, upon notification by the district board that
the district is unable to fix a site, shall determine where such
site shall be, and their determination shall be certified to the
director of the district and shall be final, subject to alteration
afterwards by the inspectors, on the written request of two-
thirds of the qualified voters of the district, or by two-thirds
of the qualified voters agreeing upon a site at a district meet-
ing lawfully called.

Am. 1903, Act 182 ; 1905, Act 75.

NO SITE ESTABLISHED : It is only when the inhabitants cannot agree
in establishing any site at all, that the inspectors are allowed to fix one.
Andress v. Inspectors, 19 / 332.

TWO-THIRDS VOTE: See note to Comp. Sec. 95.

Proceedmgs (107.) 4729. SEC. 2. Whenever a site for a school-
disagreement house shall be designated, determined, established or enlarged,
i Q anv manner provided by law, in any school district, and
such district shall be unable to agree with the owner or owners
of such site upon the compensation to be paid therefor, or for
the land to enlarge the same ? or in case such district shall, by



GENERAL SCHOOL LAWS. 45

reason of any imperfection in the title to said site, or land to
be added thereto, arising either from break in the chain of
title, tax sale, mortgages, levies, or any other cause, be unable
to procure a perfect, unincumbered title in fee simple to said
site, or land for the enlargement thereof, the district board of
such district shall authorize one or more of its members to ap-
ply to the circuit judge, if there be one in the county, or to a
circuit court commissioner of the county, or to any justice of
the peace of the city or township in which such school district
shall be situated, for a jury to ascertain and determine the
just compensation to be made for the real estate required by
such school district for such site, or for the enlargement
thereof, and the necessity for using the same, which applica-
tion shall be in writing, and shall describe the real estate re-
quired by such district as accurately as is required in a con-
veyance of real estate : Provided, That whenever any school proviso,
district shall have designated, selected or established in any
manner provided by law, a schoolhouse site, or land for the
enlargement thereof, such selection, designation or establish-
ment shall be prima facie evidence to said jury of the necessity
to use the site so established.

Am. 1903, Act 182.

CONDEMNATION : The jurisdiction to condemn lands for a school-house
site is invoked by presenting to the proper officer a petition designating the
site and showing disagreement with the owner as to compensation for it.
Smith v. Sch. Dist., 40 / 145. Proceedings to condemn land for a school-
house site will be quashed if there is no lawful designation thereof shown
by the records. Heck v. Sch. Dist., 49 / 551. For the constitutional questions
involved in the taking of private property for public use, see Const, xv, 9. 15;
xviii, 2, 14.

(108.) 4730. SEC. 3. It shall be the duty of such when jury to
circuit judge, circuit court commissioner, or justice of the be summoned -
peace, upon such application being made to him, to issue a
summons or venire, directed to the sheriff or any constable of
the county, commanding him to summon eighteen freeholders
residing in the vicinity of such site, who are in nowise of kin to
the owner of such real estate, and not interested therein, to ap-
pear before such judge, commissioner, or justice, at the time
and place therein named, not less than twenty nor more than
fifty days from the time of issuing such summons or venire,
as a jury to ascertain and determine the just compensation
to be made for the real estate required by such school district
for such site, or for the enlargement thereof, and the neces-
sity for using the same, and to notify the owner or occupant owner to be
of such real estate, if he can be found in the county, of the n(
time when and the place where such jury is summoned to ap-
pear, and the object for which such jury is summoned; which
notice shall be served at least ten days before the time speci-
fied in such summons or venire for the jury to appear as here-
inbefore mentioned.

Am. 1903, Act 182.




46



GENERAL SCHOOL LAWS.



owner is
unknown.



Notice in case (109.) 4731. SEC. 4. Thirty days previous notice of
the time when and the place where such jury will assemble
shall be given by the district board of such district, where the
owner or owners of such real estate shall be unknown, non-
residents of the county, minors, insane, non compos mentis,
or inmates of any prison, by publishing the same in a news-
paper published in the county where such real eslate is situ-
ated; or if there be no newspaper published in puch county,
then in some newspaper published in the nearest county where
a newspaper is published, once in each week for four succrs-
sive weeks, which notice shall be signed by the district board
or by the director or treasurer of such district, and shall de-
scribe the real estate required for such site, or for the enlarge-
ment thereof, and state the time when and place where such
jury will assemble, and the object for w T hich they will as-
semble; or such notice may be served on such owner personally,
or by leaving a copy thereof at his last place of residence.



Return of
venire and
proceedings
thereon.



Attachment
may issue to
enforce
obedience
to process.



Am. 1903, Acts 49, 182.

(110.) 4732. SEC. 5. It shall be the duty of such judge,
commissioner, or justice, and of the persons summoned as
jurors, as hereinbefore provided, and of the sheriff or constable
summoning them, to attend at the time and place specified
in such summons or venire; and the officer who summoned the
jury shall return such summons or venire to the officer who
issued the same, with the names of the persons summoned by
him as jurors, and shall certify the manner of notifying the
owner or owners of such real estate, if he was found; and if
he could not be found in said county, he shall certify that
fact. Either party may challenge any of the said jurors for
the same causes as in civil actions. If more than twelve of
said jurors in attendance shall be found qualified to serve as
jurors, the officer in attendance, and who issued the summons
or venire for such jury, shall strike from the list of jurors a
number sufficient to reduce the number of jurors in attendance
to twelve; and in case less than twelve of the number so sum-
moned as jurors shall attend, the sheriff or constable shall
summon a sufficient number of freeholders to make up the
number of twelve; and the officer issuing the summons or
venire for such jury, may issue an attachment for any person
summoned as a juror who shall fail to attend, and may en-
force obedience to such summons, venire, or attachment, as
courts of record, or justices' courts are authorized to do in
civil cases.

A party present, or represented, at the empaneling of the jury will be
deemed to have waived all objections to the jury, if he makes none then.
Smith v. School Dist, 40 / 143.



Jury to be
sworn.



(111.) 4733. SEC. 6. The twelve persons selected as
the jury shall be duly sworn by the judge, commissioner, or
justice in attendance, faithfully and impartially to inquire,



GENERAL SCHOOL LAWS. 47

ascertain and determine the just compensation to be made for
the real estate required by such school district for such site, or
for the enlargement thereof, and the necessity for using the
same in the manner proposed by such school district; and the
persons thus sworn shall constitute the jury in such case.
Subpoenas for witnesses may be issued, and their attendance subpoenas for
compelled by such circuit judge, commissioner or justice in the witnesses>
same manner as may be done by the circuit court or by a
justice's court in civil cases. The jury may visit and examine what jury to
the premises, and from such examination and such other evi- a
dences as may be presented before them, shall ascertain and
determine the necessity for using such real estate in the
manner and for the purpose proposed by such school district,
and the just compensation to be made therefor; and if such
jury shall find that it is necessary that such real estate shall
be used in the manner or for the purpose proposed by such
school district, they shall sign a certificate in writing stating
that it is necessary that said real estate, describing it, should
be used as a site for a schoolhouse for such district, or to en-
large its existing site; also stating the sum to be paid by
such school district as the just compensation for the same.
The said circuit judge, circuit court commissioner, or justice of court to
the peace, shall sign and attach to, and indorse upon the certifi- tm5?e. cer ~
cate thus subscribed by the said jurors, a certificate stating
the time when and the place where the said jury assembled,
that they were by him duly sworn as herein required, and that
they subscribed the said certificate. He shall also state in
such certificate who appeared for the respective parties on such
hearing and inquiry, and shall deliver such certificates to the
director, or to any member of the district board of such school
district.

Am. 1903, Act 182.

As to the oath to the jurors, their duties and the determination of the
necessity and compensation, see notes to Const., xv, 9, 15; xviii, 2, 14.

(112.) 4734. SEC. 7. Upon filing such certificates in the Collection of
circuit court of the county where such real estate is situated, Judginent -
such court shall, if it finds all the proceedings regular, render
judgment for the sum specified in the certificate signed by
such jury, against such school district, which judgment shall
be collected and paid in the manner as other judgments against
school districts are collected and paid.

Smith v. Sch'. Dist, 40 / 143. Mandamus will not lie to compel a circuit
judge to overrule his finding that the proceedings taken for the condemnation
of a site were irregular and to compel him to enter judgment for the amount
found due. Sch. Dist. v. Judge, 49/432.

(113.) 4735. SEC. 8. In case the owner of such real when owner
estate shall be unknown, insane, non compos mentis, or an in- S^SJSJJy to
fant, or cannot be found within such county, it shall be lawful W ic un
for the said school district to deposit the amount of such judg- treasurer
ment with the county treasurer of such county, for the use of


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 6 of 20)