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GENERAL SCHOOL LAWS. 55



bition applies only to inspectors. People v. Ryan, 19 / 207. Township
school inspectors cannot enlarge a graded school district by adding unorgan-
ized territory, though they may, with the consent of the trustees, transfer to
its jurisdiction territory previously organized into primary districts. Simp-
kins v. Ward, 45 / 559. The action of the board of inspectors in detaching
territory from a graded school district is void, unless the inspectors have
before them legal evidence of a consent of a majority of the trustees of the
graded school district. Burnett v. Inspectors, 97 / 103. Addition of territory
by legislative action. Keweenaw Ass'n v. Sch. Dist., 98/439-41.



(128.) 4750. SEC. 5. Whenever two or more contign- uniting of
ous districts, having together more than one hundred children districts' to
between the ages of five and twenty years, after having pub- *2 f raded
lished in the notices of the annual meetings of each district district.
the intention to take such action, shall severally, by a vote
of two-thirds of the qualified voters attending the annual meet-
ings in said districts determine to unite for the purpose of es-
tablishing a graded school district under the provisions of this
chapter, the school inspectors of the township or townships in
which such districts may be situated shall, on being properly
notified of such vote, proceed to unite such districts, and shall
appoint'as soon as practicable, a time and place for a meeting
of the new district, and shall require three notices of the same
to be posted in each of the districts so united at least five days
before the time of such meeting, and at such meeting the dis- Election of
trict shall elect a board of trustees, as provided in section one trustees.
of this chapter, and may do whatever business may be done
at any annual meeting.

(129.) 4751. SEC. 6. Whenever the trustees of any or- Duty of
ganized graded, school district shall be presented twenty days certain 8 caJses,
before the annual meeting thereof with a petition signed by ten etc -
electors of said district, stating that it is the desire of said
petitioners that at the annual meeting of said school district
there shall be submitted to said annual meeting the proposi-
tion to change from a graded school district to one or more
primary school districts the said trustees shall, in their notice
of such annual meeting, state that the proposition set forth
in said petition will be presented to said meeting, and if two- in case of v.>te
thirds of the qualified voters present at said meeting shall vote etc? ha
to change to one or more primary school districts such change
shall be made, and it shall be the duty of the board of school
inspectors of the township -or townships in which such dis-
trict is situated, upon being duly notified of such vote to pro-
ceed to change or divide such district as determined by such
annual meeting, and they shall provide for the holding of the
first meeting in the, or each of the, proposed primary school
districts in the same manner as is provided for by law for the
organization of primary school districts, and whenever a frac-
tional graded school district shall be so changed, the township
boards of school inspectors of the respective townships where
such graded school district is situated, shall organize the said
district into one or more primary school districts, as provided
for by law.



56



GENERAL SCHOOL LAWS.



CHAPTER XL



LIBRARIES.



Township
libraries to be
maintained.



Who are en-
titled to privi-
leges of
library.

Proviso.



Inspectors to
have charge of
library and
library
moneys.



Inspectors
accountable
for care, etc.,
of library.
Power of
inspectors.



Township
library.

Librarian,
duties, etc.



School dis-
trict may
establish
library.
Entitled to
books and
moneys.



(130.) 4752. SECTION 1. A township library shall be
maintained in each organized township, which shall be the
property of the township, and shall not be subject to sale or
alienation from any cause whatever. All actions relating to
such library, or for the recovery of any penalties lawfully
established in relation thereto, shall be brought in the name
of the township.

(131.) 4753. SEC. 2. All persons who are residents of
the township shall be entitled to the privileges of the town-
ship library, subject to such rules and regulations as may be
lawfully established in relation thereto: Provided, That per-
sons residing within the boundaries of any school district in
which a district library has been established shall be entitled
to the privileges of such district library only.

(132.) 4754. SEC. 3. The township board of school in-
spectors shall have charge of the township library, and shall
apply for and receive from the township treasurer all moneys
appropriated for the township library of their township, and
shall purchase the books and procure the necessary append-
ages for such library.

(133.) 4755. SEC. 4. Said board shall be held account-
able for the proper care and preservation of the township
library, and shall have power to provide for the safe keep-
ing of the same, to prescribe the time for taking and return-
ing books, to assess and collect fines and penalties for the
loss or injury of said books, and to establish all other needful
rules and regulations for the management of the library, as
said board shall deem proper, or the superintendent of public
instruction may advise.

(134.) 4756. SEC. 5. The board of school inspectors
shall cause the township library to be kept at some central or
eligible place in the township, which it shall determine. Such
board shall also, within ten days after the annual township
meeting, appoint a librarian, for the term of one year, to have
the care and superintendence of said library, who shall be
responsible to the board of school inspectors for the impartial
enforcement of all rules and regulations lawfully established
in relation to said library.

(135.) 4757. SEC. 6. Any school district, by a two-
thirds vote at any annual meeting, may establish a district li-
brary, and such district shall be entitled to its just proportion
of books from the library of any township in which it is wholly
or partly situated, to be added to the district library, and also
to its equitable share of any library moneys remaining unex-



GENERAL SCHOOL LAWS. 57

pended in any such township or townships at the time of the
establishment of such a district library, or that shall there-
after be raised by tax in such township or townships, or that
shall thereafter be apportioned to the township to the in-
spectors of which the annual report of its director is made.

(136.) 4758. SEC. 7. The district board of any school District board
district in which a district library may be established in ac-
cordance with the provisions of this act, shall have charge of
such library; and the duties and responsibilities of said dis-
trict board in relation to the district library, and all moneys
raised or apportioned for its support, shall be the same as
those of the board of school inspectors are to the township
library.

Libraries are within the proper range of school apparatus ; and there is
nothing in our laws 'which cuts off public corporations from accepting benevo-
lent offerings to enable them to extend their usefulness and benefit their peo-
ple, by enlarging their opportunities for culture and refinement without multi-
plying or increasing their burdens. Maynard v. Woodard, 36 / 425, 427.

(137.) 4759. SEC. 8. The school inspectors shall give inspectprs to
in their annual report to the superintendent of public instruc- statistics b to ry
tion, such facts and statistics relative to the management of
the township library and the library moneys, as the superin-
tendent of public instruction shall direct; and the district
board of any school district having a library, shall cause to be
given in the annual report of the director to the board of
school inspectors, like facts and statistics relative to the dis-
trict library, which items shall also be included by the said
inspectors in their annual report.

(138.) 4760. SEC. 9. In case the board of school in- Failure to
spectors of any township, or the district board of any school
district, shall fail to make the report required by the preced- *
ing section, or in case it shall appear from the reports so made Jj
that any township or school district has failed to use the thereafter.
library money in strict accordance with the provisions of law,
such township or district shall forfeit its share of the library
moneys that are apportioned, and the same shall be appor-
tioned to the several other townships and districts in the
county as hereinafter provided : Provided, That in townships proviso,
where the boards thereof shall determine and report to the
superintendent that the public will be better served by using
the said money for general school purposes, no such forfeiture
shall occur.

(139.) 4761. SEC. 10. The superintendent of public s tate super-
instruction shall annually, and previous to the tenth day of i p n r t e ^| nt to
May, transmit to the clerk of each county a statement of the county clerk
townships in his county that are entitled to receive library
moneys, giving the number of children in each of such town-
ships between the ages of five and twenty years, as shall ap-
pear from the reports of the boards of school inspectors for the
school year last ending; said clerk shall file such statement in
his office, and shall forthwith furnish a copy thereof to the
county treasurer.
8



58



GENERAL SCHOOL LAWS.



Fines for
breach of
penal laws
to be appor-
tioned for
township
and district
libraries.



Voters may
levy tax for
support of
libraries.



How tax to be
reported,
assessed and
collected.



District board
may give or
sell books to
township
library.



(140.) 4762. SEC. 11. The clear proceeds of all fines
for any breach of the penal laws of this State and for penalties
or upon any recognizance in criminal proceedings, and all
equivalents for exemption from military duty when collected
in any county and paid into the cojinty treasury, together
with all moneys heretofore collected and paid into said treas-
ury on account of such fines or equivalents, and not already
apportioned, shall be apportioned by the county treasurer be-
fore the first day of June in each year, among the several
townships in the county, according to the number of children
therein, between the ages of five and twenty years, as shown
by the statement of the superintendent of public instruction
provided for in the preceding section, which money shall be
exclusively applied to the support of the township and district
libraries, and to no other purpose.

FINES, ETC. : See Const, xiii, 12, and notes thereto.

(141.) 4763. SEC. 12. The qualified voters of each
township shall have power at any annual township meeting, to
vote a tax for the support of libraries established in accord-
ance with the provisions of this act, and the qualified voters of
any school district, in which a district library shall be estab-
lished, shall have power, at any annual meeting of such dis-
trict, to vote a district tax for the support of said district
library. When any tax authorized by this section shall have
been voted, it shall be reported to the supervisor, levied and
collected in the same manner as other township and school dis-
trict taxes.

(142.) 4764. SEC. 13. The district board of any school
district may donate or sell any library book or books belong-
ing to such district to the board of school inspectors of the
township or townships in which said district is wholly or
partly situated, which book or books shall thereafter form a
part of the township library.



CHAPTER XIII.



PENALTIES AND LIABILITIES.



Penalty on
inhabitant
for neglect
of duty.



Penalty on
district officer
for neglecting
or refusing to
perform
duties.



(143.) 4765. SECTION 1. Any taxable inhabitant of a
newly formed district receiving the notice of the first meeting,
who shall neglect or refuse duly to serve and return such
notice, and every chairman of the first district meeting in any
district, who shall wilfully neglect or refuse to perform the
duties enjoined on him in this act, shall respectively forfeit
the sum of five dollars.

(144.) 4766. SEC. 2. Any person duly elected to the
office of moderator, director, treasurer, or trustee of a school
district, who shall neglect or refuse, without sufficient cause,
to accept such office and serve therein, or who, having entered



GENERAL SCHOOL LAWS. 59

upon the duties of his office, shall neglect or refuse to perform
any duty required of him by virtue of his office, shall forfeit
the sum of ten dollars.

Am. 1901, Act 165.

Hinman v. Sch. Dist., 4 / 170.

If the district, by an officer's wilful act or neglect of duty, is subjected to
suit or judgment, the district in its corporate capacity must recover the
amount, but individual citizens, who have been taxed to satisfy the judgment,
cannot fecover their taxes from such officer. Wall v. Eastman, 1 / 268.

(145.) 4767. SEC. 3. Any person duly elected or ap- Penalty on
pointed a school inspector, who shall neglect or refuse, with-
out sufficient cause, to qualify and serve as such, or who, hav- refusal.
ing entered upon the duties of his office shall neglect or refuse
to perform any duty required of him by virtue of his office,
shall forfeit the sum of ten dollars.

(146.) 4768. SEC. 4. If any board of school inspectors Liability of
shall neglect or refuse to make and deliver to the township
clerk their annual report as required by this act, within the report.
time limited therefor, they shall be liable to pay the full
amount of money lost by their failure, with interest thereon,
to be recovered by the township treasurer in the name of the
'township, in an action of debt, or on the case; and if any town- Liability of
ship clerk shall neglect or refuse to transmit the report herein
mentioned within the time limited therefor, he shall be liable
to pay the full amount lost by such neglect or refusal, with
interest thereon, to be recovered in an action of debt, or on
the case.

(147.) 4769. SEC. 5. Any county clerk who shall neg- Liability of
lect or refuse to transmit to the superintendent of public in-



struction the reports required by this act, within the time t r r a t nsmit
therefor limited, shall be liable to pay to each township the
full amount which such township, or any school district
therein, shall lose by such neglect or refusal, with interest
thereon, to be recovered in an action of debt, or on the case.

(148.) 4770. SEC. 6. All the moneys collected or re-Howmoneys
ceived by any township treasurer under the provisions of ScoSn^of 11
either of the two last preceding sections, shall be apportioned SfJ^osed of "
and distributed to the school districts entitled thereto, in the
same manner and in the same proportion that the moneys lost
by any neglect or refusal therein mentioned would, according
to the provisions of this act, have been apportioned and dis-
tributed.

(149.) 4771. SEC. 7. Any township clerk who" shall Labiiitj of
neglect or refuse to certify to the supervisor any school district
taxes that have been reported to him as required by this act,
and any supervisor wilfully neglecting to assess any such tax district taxes.
shall be liable to any district for any damage occasioned
thereby, to be recovered by the treasurer in the name of the
district, in an action of debt, or on the case.

Am. 1901, Act 165.



60 GENERAL-SCHOOL LAWS.

when town- (150.) 4772. SEC. 8. The township board of each
remove a ce d r- to township, and in the case of fractional school districts, the
tain officers, township board of the township in which the district school-
house thereof is situated, shall have power and is hereby re-
quired to remove from office, upon satisfactory proof, after at
least five days' notice to the party implicated, any district offi-
cer or school inspector who shall have illegally used or dis-
posed of any of the public moneys entrusted to his charge, or
who shall persistently and without sufficient cause refuse or
Township neglect to discharge any of the duties of his office. And in
recordorder cas ^ of such removal it shall be the duty of the township clerk
for removal. o f $ uc ]i township to enter in the records of such township the
resolution or order of such board, for such removal ; and such
record of such resolution or order so entered, or a certified
copy thereof, shall be prima facie evidence in all courts and
places of the jurisdiction of such board and of the regularity
Party re- of the proceedings for such removal, and (unless the party so
pro- removed shall, within thirty days after such removal, institute
of proceedings before a court of competent jurisdiction for the
order of town- removal of such order for removal, or if after such thirty days
ird ' such proceedings to obtain such removal shall be discontinued
or dismissed) shall be conclusive evidence of jurisdiction and
regularity, if it shall appear that the party so removed had
five days' notice of the time and place fixed by said board for
the hearing of the case as aforesaid.

REMOVAL : When a member of the board is interested in the subject for
consideration in the matter of removal, he is not competent to act. Stock well
v. Twp. Bd. of White Lake, 22 / 341. When interest deemed too remote to
disqualify. Hamtramck Twp. Bd. v. Holihan, 46 / 127. Proceedings to remove
are not invalidated because the board did not meet to agree on the notice
under which the proceedings were taken. Wenzel v. Dorr Twp. Bd., 49 / 25.
The statute contemplates that no steps shall be taken until the action of the
proper authorities has been invoked by complaint of some definite violation of
duty. But preliminary formalities may be waived. Geddes y. Thomastown
Twp., 46 / 318. The action of the board is final unless speedily brought up
for review. Id. The proceedings are in the nature of a judicial investigation.
Stockwell v. White Lake Twp. Board, 22/341.

CAUSES FOR REMOVAL : The township board is the exclusive judge of
the facts on which it is authorized to remove a school officer. Hamtramck
Twp. Bd. v. Holihan, 46 / 127. Refusal to sign the director's orders for the
payment of money is not alone sufficient cause for removal of the moderator,
for he has a right to determine for himself whether the order should be issued.
Stockwell v. White Lake Twp. Bd., 22 / 341. Persistent refusal by a director,
without cause, to make needed repairs in the school-house furniture, etc., is
sufficient cause for removal. Hamtramck Twp. Bd. v. Holihan, 46 / 127. Wil-
ful refusal of a director to sign a teacher's contract, or to accept and file it,
or to draw pay orders under the contract, and obstinate neglect to furnish
necessary school supplies may be taken into account in proceedings for re-
moval. Geddes v. Thomastown, 46 / 316. A woman moderator cannot be re-
moved for hiring her husband to teach the school. Hazen v. Akron Twp. Bd.,
48 / 188. Nor a director for the purchase, in his discretion, of new seats for
the school-house, under an order of the annual meeting "to fix the school-house
for the winter term." McLaren v. Akron Twp. Bd.. 48 / 189.

CERTIORARI : Lies to review the proceedings of a township board in re-
moving a school officer. Stockwell v. White Lake Twp. Bd., 22 / 341 ; Craw-
ford v. Twp. Boards, 22 / 405 ; 24 / 248 ; Merrick v. Arbela- Twp. Bd., 41 / 630.
But mere insufficiency of evidence to establish the cause for removal will not
warrant a reversal of the board's determination, the board being the exclusive
judge of the facts. Hamtramck Twp. Bd. v. Holihan, 46 / 127. Township
clerk's return as to testimony taken by the board presumed true. Taylor v.
Shimmel, 107 / 676.



GENERAL SCHOOL LAWS. 61

(151.) 4773. SEC. 9. No school officer, superintendent, School officers
or teacher of schools, shall act as agent for any author, pub- not to act e as
lisher, or seller of school books, or shall directly or indirectly
receive any gift or reward for his influence in recommending
the purchase or use of any library or school book or school
apparatus, or furniture whatever, nor shall any school officer School officers
be personally interested in any way whatever in any contract i
with the district in which he may hold office. Any act or neg-
lect herein prohibited, performed by any such officer, super-
intendent, or teacher, shall be deemed a misdemeanor.

(152.) 4774. SEC. 10. All provisions of this act shall
apply and be in force in every school district, township, city appy.
and village in this State, except such as may be inconsistent
with the direct provisions of some special enactment of the
legislature.

Johnston v. Mitchell, 120/589.



MISCELLANEOUS PROVISIONS RELATIVE TO EDIT-
CATION AND THE SCHOOLS.

An Act to regulate the uniformity of, and to provide free school text-
books in public schools throughout the State, and the distribution
of the same, and to repeal all statutes and acts contravening the
provisions of this act.

[Act 147, 1889.]

The People of the State of Michigan enact:

(153.) 4775. SECTION 1. That from and after June When board
thirtieth, eighteen hundred and ninety, each school board of
the State shall purchase, when authorized, as hereinafter pro-
vided, the text-books used by the pupils of the schools in its
district in each of the following subjects, to wit : Orthography, subjects,
spelling, writing, reading, geography, arithmetic, grammar (in-
cluding language lessons), national and State history, civil
government, and physiology and hygiene ; but text-books once change,
adopted under the provisions of this act shall not be changed
within five years : Provided, That the text-book on the subject Proviso,
of physiology and hygiene must be approved by the State
Board of Education, and shall in every way comply with sec-
tion fifteen of act number one hundred and sixty-five of the
public acts of eighteen hundred and eighty-seven, approved
June ninth, eighteen hundred and eighty-seven : And provided Further
further, That all text-books used in any school district shall provlso '
be uniform in any one subject.

The section above referred to is Section 58.

FREE TEXT-BOOKS : It has never been claimed that school boards have
the power to furnish free text-books except by virtue of special legislation.
Bd. of Education v. Detroit, 80/548.

TEXT-BOOKS: The provision of the law that books once adopted shall



62



GENERAL SCHOOL LAWS.



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 text-book
for use in the schools constituted an adoption of that book. The five years
began to run from the date of such resolution, not from the time the book was
completely installed in the school. 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. of Edu. Detroit ; D. C.
Heath & Co. v. same, 133 / 681.



Board to
select the
kind.



Proviso.



Notice to vote
on question.



Books tt> be
property of
district, etc.



Proviso.



Further
proviso.



Board to con'
tract with
publishers,
etc.



Proviso.



Board to
make annual
estimate of
amount to be
raised.



(154.) 4776. SEC. 2. The district board of each school
district shall select the kind of text-books on subjects enumer-
ated in section one to be taught. in schools of their respective
districts : Provided, That nothing herein contained shall re-
quire any change in text-books now in use in such district.
They shall cause to be posted in a conspicuous place, at least
ten days prior to the first annual school meeting from and
after the passage of this act, a notice that those qualified to
vote upon the question of raising money in said district shall
vote at such annual meeting to authorize said district board to
purchase and provide free text-books for the use of the pupils
in said district. If a majority of all the voters as above pro-
vided present at such meeting shall authorize said board to
raise by tax a sum sufficient to comply with the provisions of
this act, the district board shall thereupon make a list of such
books and file one copy with the township clerk and keep one
copy posted in the school, and due notice of such action by the


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 8 of 20)