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the person or persons entitled thereto; and it shall be the duty



48



GENERAL SCHOOL LAWS.



Proviso, how
money to be
drawn from
county
treasurer.



When title to
be vested in
district.



of such county treasurer to receive such money, and at the
time of receiving it, to give a receipt or certificate to the person
depositing the same with him, stating the time when such de-
posit was made, and for what purpose; and such county treas-
urer and his sureties shall be liable on his bond for any
money which shall come into his hands under the provisions
of this act, in case he shall refuse to pay or account for the
same, as herein required : Provided, That no such money shall
be drawn from such county treasurer, except upon an order of
the circuit court, circuit court commissioner, or judge of pro-
bate, as hereinafter provided.

(114.) 4736. SEC. 9. Upon satisfactory evidence being
presented to the circuit court of the county where such real
estate lies, that such judgment, or the sum ascertained and
determined by the jury as the just compensation to be paid by
such district for such site, or for such addition to its site, has
been paid, or that the amount thereof has been deposited ac-
cording to the provisions of the preceding sections, such court
shall, by an order or decree, adjudge and determine that the
title in fee of such real estate shall, from the time of making
such payment or deposit, forever thereafter be vested in such
school district and its successors and assigns, and shall, in and
by such order or decree, award to such school district a writ
of possession for the recovery of the possession of such real
estate; a copy of which order or decree, certified by the clerk
of said county, shall be recorded in the office of the register of
deeds of such county, and the title of such real estate shall
thenceforth, from the time of making such payment or deposit,
be vested forever thereafter in such school district and its suc-
cessors and assigns in fee.

Am. 1903, Act 182.



When district
to take
possession.



Writ of pos-
session to be
issued by
county clerk
to sheriff.



Sheriff to

remove

respondent.



When jury
disagrees, pro-
ceedings may
be adjourned
and new jury
summoned.



(115.) 4737. SEC. 10. Such school district may, at any
time after making the payment or deposit hereinbefore re-
quired, enter upon and take possession of such real estate for
the use of said district. And it shall be the duty of the county
clerk of said county, on the request of said school district, to
issue out of and under the seal of the circuit court of said
county a writ of possession as awarded in such order or de-
cree ; which writ shall be directed to the sheriff of said county,
and shall be tested and made returnable, and shall be sub-
stantially, so far as may be, in the same form provided for
writs of possession in actions of ejectment ; and it shall be the
duty of such sheriff thereupon to remove the respondent or re-
spondents in such proceedings, and all persons holding under
them or either of them, from the real estate described in such
decree and in such writ, and deliver the possession thereof
with the appurtenances to such school district.

(116.) 4738. SEC. 11. In case the jury hereinbefore
provided for shall not agree, another jury may be summoned
in the same manner, and the same proceedings may be had, ex-
cept that no further notice of the proceedings shall be neces-



GENERAL' SCHOOL LAWS.



sary; but instead of such notice, the judge, commissioner, o*
justice may adjourn the proceedings to such time as he shall
think reasonable, not exceeding thirty days, and shall make the
process to summon a jury returnable at such time and place as
the said proceedings shall be adjourned to. Such proceedings Adjournments
may be adjourned from time to time by the said judge, or com- SSU^monthS
missioner, or justice, on the application of either party, and
for good cause, to be shown by the party applying for such ad-
journment, unless the other party shall consent to such ad-
journment; but such adjournments shall not in all exceed
three months.

(117.) 4739. SEC. 12. In case the said schoolhouse site, Proceedings
or land required to enlarge the same, is encumbered by mort- JJdperty is
gage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, encumbered.
or other parties claiming to be interested in said title, shall
severally be made a party to the procedure as aforesaid, and
shall be authorized upon the filing of the certificate of the jury
in the circuit court of said county, to appear before the circuit
judge and make proof relative to their proportionate claims to
the said site, or the compensation to be made therefor, as deter-
mined by said jury. And the said circuit judge shall, by de-
cree, settle their several claims in accordance with the rights of
the parties respectively, and may divide the sum awarded by
said jury between the claimants as in his judgment will be
equitable and right, rendering against said district a separate
judgment for each of the amounts so awarded.

Am. 1903, Act 182.

(118.) 4740. SBC. 13. The circuit judge, judge of pro- HOW money
bate, or circuit court commissioner of any county where any coSSty e ?reTs- h
money has been deposited with the county treasurer of such g^^ ay be
county, as hereinbefore provided, shall, upon the written ap-
plication of any person or persons entitled to such money, and
upon receiving satisfactory evidence of the right of such appli-
cant to the money thus deposited, make an order directing the
county treasurer to pay the money thus deposited with him to
said applicant; and it shall be the duty of such county treas-
urer, on the presentation of such order, with the receipt of the
person named therein, indorsed on said order and duly ac-
knowledged, in the same manner as conveyances of real estate
are required to be acknowledged, to pay the same; and such
order, with the receipt of the applicant or person in whose
favor the same shall be drawn, shall, in all courts and places,
be presumptive evidence in favor of such county treasurer, to
exonerate him from all liability to any person or persons for
said money thus paid by him.

(119.) 4741. SEC. 14. Circuit judges, circuit court compensation
commissioners, and justices of the peace, for any services ren- efcfon ers '
dered under the provisions of this act, shall be entitled to the proceedings,
same fees and compensation as for similar services in other
special proceedings. Jurors, constables, and sheriffs shall be
7



50 GENERAL SCHOOL LAWS.

entitled to the same fees as for like services in civil cases in the
circuit court.

When judge, (120.) 4742. SBC. 15. In case any circuit judge, cir-
t^attend, cu it court commissioner, or justice of the peace, who shall issue
fm?sh e prSd- a summons or venire for a jury, shall be unable to attend to
any of the subsequent proceedings in such case, any other cir-
cuit court commissioner or justice of the peace may attend
and finish said proceedings.



CHAPTEK IX.

APPEALS FROM ACTION OF INSPECTORS.

Appeal of (121.) 4743. SECTION 1. Whenever any five or more

tax-paying electors, having taxable property within any school
district, shall feel themselves aggrieved by any action, order,
or decision of the board of school inspectors, with reference to
the formation, or any division, or consolidation of said school
district, they may, at any time within sixty days from the time
of such action on the part of said school inspectors, appeal
from such action, order, or decision of said board of school
inspectors to the township board of the township in which

Appeal in case such school district is situated, and in case of fractional school
districts, notice of such appeal shall be served on the clerk oi
the joint boards of school inspectors who have made the deci-
sion appealed from, who shall, within five days, give notice
thereof to the township boards of the several townships in
which the different parts of said fractional school district are
situated, who shall have power, and whose duty it shall be,
acting jointly, to entertain such appeal, and review, confirm,
set aside, or amend the action, order, or decision of the board
of school inspectors thus appealed from ; or if in their opinion
the appeal is frivolous or without sufficient cause, they may
summarily dismiss the same.

ACTION OF INSPECTORS : The board of inspectors act in the exercise of
a public discretionary power in creating or changing districts, which can be
reviewed, if at all, only by some direct appellate process which operates upon
the proceedings themselves to affirm, reverse or change them. Clement v.
Everest, 29 / 19.

APPEAL : The appeal to the town board is not on legal questions, .but
transfers to them the same Discretionary authority which the inspectors have
when there is no appeal. And by appealing, the parties waive those questions
which require judicial review and submit themselves to the discretion of the
town board ; and a certiorari to the town board does not open the doings of
the inspectors. Brody v. Penn Twp. Board, 32 / 273. Where the summary
method of reviewing the proceedings by appeal has not been resorted to, there
should be some special and extraordinary reasons appearing to justify a resort
to quo warranto. Lord v. Every, 38 / 405. The township board has jurisdic-
tion 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 property.
School Dist. v. Wilcox, 48 / 404. When it seems an appeal could not be
taken. Sch. Dist. v. Sch. Dist., 63 / 57-8.



GENERAL SCHOOL LAWS. 51



(122.) 4744. SEC. 2. Said appellants shall, before tak- Appellants to
ing such appeal, make out and file with the board of school in- o^cau^ancP 1
specters, or in case of fractional school districts to the clerk 2 em e a d for
of the joint boards of school inspectors, a written statement, ai
to be signed by said appellants, setting forth in general terms
the action, order, or decision of the board or boards of school
inspectors, with respect to which the appellants feel them-
selves aggrieved, and their demand for an appeal therefrom
to the township board or boards of said township or town-
ships, and shall also cause to be executed and signed by one of Appellants to
their number, and by two good and sufficient sureties, to be mlbondf 110
approved by the clerk of said board or joint boards of school
inspectors, or by any justice of the peace of the township, and
filed with the clerk of said board or joint boards of school in-
spectors, a bond to the people of the State of Michigan in the
penal sum of two hundred dollars, conditioned for the due
prosecution of said appeal before said township board or
boards acting jointly, and also in case of the dismissal of said
appeal as frivolous by said township board or joint boards,
for the payment by said appellants of all costs occasioned to
the township or townships [by reason] of said appeal.

BOND : The statute is positive in requiring the bond to be approved and
it can not be dispensed with. Clement v. Everest, 29 / 21. The appeal is not
complete without such approval. Id.

(123.) 4745. SEC. 3. Upon the filing of such appeal Duty of
papers and bond with the said board or joint boards of school whenappeai
inspectors, the said board or joint boards of school inspectors is file(L
shall, within ten days thereafter, make out and file with the
clerk of said, township in which the said schoolhouse is lo-
cated, a full and complete transcript of all their proceedings,
actions, orders, or decisions with reference to which the ap-
peal is taken, and of their records of the same; also, said bond
and appeal papers, and all petitions and remonstrances, if any,
with reference to the matters appealed from; and upon the fil- when town-
ing of the same with the said township clerk, the said town-
ship board or boards shall be deemed to be in possession of the
case, and if the return be deemed by them insufficient, may
order a further and more complete return by said board or
boards of school inspectors ; and when such return shall by Proceedings
them be deemed sufficient, they shall proceed with the consid- i]
eration of the appeal, at such time or times, within ten days
after such return, and in such manner and under such affirma-
tion, amendment, or reversal of the action, order, or decision
of the board or boards of school inspectors appealed from, as
in their judgment shall seem to be just and right ; or, if they whe ^em-
deem the appeal to be frivolous, they may summarily dismiss ship_ board t
the same ; but the decision of said board or boards of school
inspectors shall not be altered or reversed, unless a majority case -
of such township board or boards, not members of said board
or boards of school inspectors, shall so determine.

Bee cases cited in notes to Section 121.



GENERAL SCHOOL LAWS.



CHAPTER X.



GRADED SCHOOL DISTRICTS.



'oL g&n ~



Proviso.



Graded school (124.) 4746. SECTION 1. Any school district contain-
in g more ^ han one hundred children between the ages of five
and twenty years may, by* a two-thirds vote of the qualified
electors present at any annual or special meeting, organize as
a graded school district : Provided, That the intention to take
such vote shall be expressed in the notice of such annual or
special meeting. When such change in the organization of the
district shall have been voted, the voters at such annual or
special meeting shall proceed immediately to elect by ballot
from the qualified voters of the district one trustee for the
term of one year, two for the term of two years, and two for a
term of three years, and annually thereafter a successor or
successors to the trustee or trustees whose term of office shall
expire: Provided, also, In all districts organized prior to the
year eighteen hundred and eighty-three there shall be one
trustee elected at the annual meeting for the year eighteen
hundred and eighty-three, and thereafter there shall be elected
a trustee or trustees in the manner aforesaid, whose term of
office shall be three years, and until his or their successor or
successors shall have been elected and filed his or their accept-
ance : Provided, also, That in the election of trustees, and all
other school officers, the person receiving a majority of all the
votes shall be declared elected.

Simpkins v. Ward, 45/562.

GRADED SCHOOL DISTRICTS : The wisdom of the graded-school-district
act was vindicated in Stuart v. Sch. Dist., 30 / 69, and its validity determined.
Keweenaw Ass'n v. Sch. Dist., 98 / 439. It is competent under the constitu-
tion to provide by taxation for free instruction in the higher departments
of education, in union and high schools. Stuart v. Sch. Dist., 30 / 69. Union
and graded schools, whether organized under the general law or created by
special enactment are subject to the general primary school law, except as
otherwise provided in the law creating them. People v. Detroit Board of Edu-
cation, 18 / 411 ; Keweenaw Ass'n v. Sch. Dist., 98 / 442.

ALL OTHER OFFICERS : The tprm "all other school officers" includes the
director, moderator and assessor of primary school districts, there being no
others to whom it could refer, as the trustees are the only officers to be elected
in graded school districts. Cleveland v. Amy, 88/377.

LEGISLATIVE PROVISIONS: The constitution does not require an abso-
lute uniformity in school districts throughout the state and the legislature
has not so construed the constitutional provisions. Uniformity has not been
kept up ; graded schools have been established ; boundaries of districts changed
and fixed by the legislature ; and the qualifications of electors at school
meetings have been fixed, limiting the classes entitled to vote and providing
exceptional methods of electing officers. The mayor of Grand Rapids is made
a trustee and ex officio a member of the board of education ; and being a trus-
tee he is eligible to the office of president of the board. The president of the
board has the veto power. The mayor of Alpena is president of the board, and
the trustees elected constitute the board, and exercise all the powers and
perform the duties of trustees. The mayor of Detroit, as ex officio member
of the board of education, has the veto power, and this provision is con-
stitutional. Pingree v. Board of Education, 99 / 407-9. It is no new thing
for the legislature to fix the boundaries of school districts. It is done by the
charter of nearly every city or village in the state, and some of them go so
far as to provide exceptional methods of electing officers and limiting the
classes entitled to vote (citing Mudg? v. Jones, 59/165). Keweenaw Ass'n
v. Sch. Dist., 98 / 441. And In Perrizo v Kesler. 93 / 280. an act providing
for the organization of school districts from entire townships was held valid.
Id. 442.



GENERAL SCHOOL LAWS. 53

(125.) 4747. SEC. 2. Within ten days after their elec- Acceptance
tions such trustees shall file with the director acceptances of g* m e c d rs to
the offices to which they have been elected, and shall annually officers to be
elect from their own number a moderator, a director, and trustees? 7
treasurer, and for cause may remove the same, and may ap-
point others of their own number in their places, who shall
perform the duties prescribed by law for such officers in other
school districts in this State except as hereinafter provided.
The trustees shall have power to fill any vacancy that may vacancy in
occur in their number till the next annual meeting. When- ' how
ever, in any case, the trustees shall fail, through disagreement when in-



or neglect, to elect the officers named in this section, within Ip^SSt sl
twenty days next after the annual meeting, the school in- officers -
spectors of the township or city to which such district makes
its annual report shall appoint the said officers from the num-
ber of said trustees.

Am. 1901, Act 165.

VACANCIES COSTS : The minority of a school board have no authority
to commence an action in its name, and. if they do so, they will be individually
responsible for the costs. Johnston v. Mitchell, 120 / 589.

(126.) 4748. SEC. 3. It shall be the duty of the board gj*f of
of trustees in any graded school district :

First, To classify and grade the pupils attending schools in TO classify
such district and cause them to be taught in such schools or pupls
departments as they may deem expedient ;

Second, To establish in such district a high school when
ordered by a vote of the district at an annual meeting, and to etc.
determine the qualifications for admission to such school, and
the fees to be paid for tuition in any branch taught therein:
Provided, That when non-resident pupils, their parents or Proviso as to
guardians, shall pay a school tax in said district, the same tu
shall be credited 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 between the amount of the tax and
the amount charged for tuition;

Third, To audit and order the payment of all [of] the a c- TO audit and
counts of the director for incidental or other expenses in- accounts 01018
curred by him in the discharge of his duties ; but no more than
fifty dollars shall be expended by the director in one year for
repairs of the buildings or appurtenances of the district prop-
erty without the authority of the board of trustees ;

Fourth, To employ all qualified teachers necessary for the
several schools, and to determine the amount of their compen-
sation and to require the director and moderator to make con-
tracts with the same on behalf of the district, in accordance
with the provisions of law concerning contracts with teachers ;

Fifth, To employ such officers and servants as may be neces- TO employ

j> jt , i - -.-11 officers, etc.

sary for the management of the schools and school property,
and prescribe their duties and fix their compensation ;

Sixth, To perform such other duties as are required of dis- other duties.
trict boards in other school districts.



54



GENERAL SCHOOL LAWS.



FIRST: To classify and grade. People v. Detroit Bd. of Ed., 18/412.
Under our system it is common and convenient to have the various grades in
one building and there is nothing illegal in it. Hathaway v. New Baltimore,
48 / 255. The authority to classify and grade the pupils and prescribe the
course of studies confers the power to provide for teaching ruusic and to pur-
chase a piano for such purpose. Knabe v. Board of Education, G7 / 262.

FOURTH : A contract with a qualified teacher, made pursuant to a reso-
lution adopted by a majority of the trustees and signed by the moderator
and assessor and one of the trustees, is valid though not signed by the
director. Farrel v. Sch. Dist., 98/43 (citing Crane v. Sch. Dist., 61/299).
The board has power to employ a qualified teacher for the ensuing year prior
to the annual school meeting. Id., (citing Tappan v. Sch. Dist., 44/500:
Cleveland v. Amy, 88/374.) The power to employ teachers conferred upon
the district boards of primary schools is co-extensive with that conferred upon
the boards of trustees of graded schools. Cleveland v. Amy, 88 / 376. Teach-
ers in graded schools are required to have certificates in the same manner
as teachers in primary schools ; but a person employed by the board to super-
intend and manage the schools need not be a teacher nor have a teacher's
certificate. Davis v. Sch. Dist., 81 / 214. The trustees are empowered to em-
ploy all teachers necessary, and what teachers are necessary is left to be
decided by their sound discretion. Tappan v. Sch. Dist., 44 / 502.

FIFTH : The power to appoint a superintendent of schools is incident to
the full control which by law the board has over the schools. Stuart v. Sch.
Dist., 30/85. And the person employed as superintendent is not required
to be a teacher or to have a teacher's certificate. Davis v. Sch. Dist., 81 /
219-20.

SIXTH : A contract between a teacher and a graded school district is
invalid, unless the teacher, at the time of making the contract, has the cer-
tificate required by Sec. 4812 C. L., authorizing her to teach during the term
covered by the contract ; obtaining a certificate after the making of the con-
tract, and before commencement of school, is not a compliance with the statute.
McCloskey v. Sch. Dist, 134/235.



Consent of
trustees
necessary to
change in
boundaries
of district.



Such districts
not restricted
in size.
Proviso.



Appellants to
file bond.



(127.) 4749. SEC. 4. No alterations shall be made in
the boundaries of any graded school district without the con-
sent of a majority of the trustees of said district, which con-
sent shall be spread upon the record of the district, and
placed on file in the office of the clerk of the board of school
inspectors of the township or city to which the reports of said
district are made; and graded school districts shall not be re-
stricted to nine sections of land: Provided, however, That
any three or more tax paying electors having children betAveen
the ages of five and twelve years, residing one and one-half
miles or more from a schoolhouse in such district, feeling
themselves aggrieved by any action, order, or decision of the
board of trustees with reference to the alteration of said
school district, affecting their interests, may, at any time
within sixty days from the time of such action on the part of
said board of trustees, appeal from such action, order or de-
cision of such board of school trustees, to the judge of probate
of the county in which such schoolhouse is situated, in the
same manner, as nearly as may be, as appeals from the action
of inspectors, as provided by chapter nine of this act. Said
appellants shall file a bond with said judge of probate, with
sufficient sureties, to be approved by said judge of probate,
in the penal sum of two hundred dollars, indemnifying said
school district of any and all costs made on such appeal in
case the appellants shall not prevail therein. Whereupon said
judge of probate shall be empowered to entertain such appeal,
and review, confirm or set aside or amend the action of the
board of trustees appealed from.

Am. 1899, Act 258.

NO ALTERATION: This provision is not intended to take from the board
of supervisors their constitutional power to erect townships, but the prohi-


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 7 of 20)