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ent of school.

ployed in such schools: Provided, That no person shall be proviso as to

superintendeligible to a position as superintendent of any school established under this act, who is not a graduate of a state college of agriculture. The state superintendent of public instruction shall have the general supervision of all schools established under this act; shall from time to time inspect the same, make such recommendations relating to their management as he may deem necessary, and make such report thereon to said schools as shall give full information concerning their number, character and efficiency.

(347) SEC. 10. Any school established under the provi- Approved sions of this act, whose course of study and qualifications of eligible to. whose teachers have been approved by the superintendent of public instruction and the president of the Michigan state agricultural college, and which shall have expended at least twenty thousand dollars in buildings and equipment, and shall have acquired title to at least one hundred acres of land to be used in connection with said school, may, upon application, be placed upon the approved list of county schools of agriculture, manual training and domestic economy. A Duration. school once entered upon said list may remain listed and be entitled to state aid so long as the scope and character of its work are maintained in such manner as to meet the approval of the superintendent of public instruction: Provided, That Proviso, he shall not place upon said list more than one school. On the port to super first day of July in each year the secretary of each county school board maintaining a school on the approved list shall report to the superintendent of public instruction, setting forth the facts relative to the cost of maintaining the school, the character of the work done, the number and names of teachers employed, and if more than one county contributes to the support of such school, the amount so contributed by each county, and such other matters as may be required by the county school board or the said superintendent. Upon Certificate the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight months during the year closing on the thirtieth day of the preceding June, the said superintendent shall make a certificate to that effect and file it with the auditor general. Upon receiving such certificate, the auditor Warrant of, general shall draw his warrant payable to the treasurer of the county maintaining such school for a sum equal to twothirds the amount actually expended for maintaining such school during the year: Provided, That the total sum so ap- Proviso, portioned shall not exceed four thousand dollars to any one school in any one year: Provided further, That any such Further school receiving state aid shall be free to the inhabitants of proviso. the state on such terms as may be provided by said board and the superintendent of public instruction. When more than when more one county has contributed to the support of the school, the auditor general shall. draw his warrant payable to the treas. supports urer of each county for such portion of the state aid as the

annual re

intendent.

to auditor general.

amount.

limit.

than one county

Tax clause.

amount contributed by his county is part of the total amount contributed by all of the counties for the support of the school for the preceding year. The auditor general shall annually, beginning in the year nineteen hundred ten, include and apportion in the state tax such sum as shall have been so paid.

Added 1909, Act 219.

DAY SCHOOLS FOR THE DEAF.

An Act authorizing school district boards, boards of trustees of graded

schools and boards of education in cities to establish and maintain day schools for the deaf, and authorizing payment therefor from the general fund, and repealing act number one hundred seventysix of the public acts of eighteen hundred ninety-nine and all other acts or parts of acts conflicting with the provisions of this act.

[Act 224, 1905.]

The People of the State of Michigan enact:

Day schools for deaf, when estab lished, etc

Report to superintendent of public instruction.

(348) Section 1. That upon application by a school district board, board of trustees of a graded school, or board of education of any city of this state to the superintendent of public instruction, he shall grant permission to such board to establish and maintain, and such board shall thereupon be empowered to maintain within the limits of its jurisdiction one or more day schools having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three years, whose parents or guardians in the case of orphans are residents of the state of Michigan.

(349) SEC. 2. Any board which shall maintain one or more day schools for the instruction of the deaf shall report to the superintendent of public instruction annually, and at such other times as he may direct, such facts concerning the school or schools as he may require.

(350) SEC. 3. The board of education of the city or district where a day school for the deaf is established shall in clude in its annual budget a sufficient sum to maintain said school and out of said sum shall pay said teachers monthly.

To reimburse said city or district for such expenditure the burse district. state treasurer is hereby authorized to pay to the treasurer

of the proper school district, out of the general fund, on or before July twenty in each year, upon the warrant of the auditor general, the actual expense incurred for teachers' salaries and purchase of necessary school appliances by any school district in support of a day school for the deaf, which shall have been conducted in accordance with this act during nine months of the school year, as shown by vouchers filed with the auditor general and certified to be correct by the

Annual budget.

State treasurer to reim

to amount.

to title.

superintendent of public instruction: Provided, That the Proviso as total amount paid on account of any one school district or city shall not exceed one hundred fifty dollars for each deaf pupil instructed in any such school during the school year, and a part of such sum proportionate to the time of instruction of any such pupil so instructed less than nine months during each year: And be it further Provided, That the title for all Proviso as school appliances purchased shall vest in the state and inventory thereof filed with the superintendent of public instruction July first of each year.

(351) SEC. 4. The district board or board of education Vouchers, shall cause to be executed monthly, vouchers in triplicate show, etc. upon forms prepared and furnished by the auditor general so as to show the rate of salary paid to instructors of the deaf and the time covered by such payment, also vouchers in triplicate upon forms prepared and furnished by the auditor general, showing the school appliances purchased and price for each article or series of articles. The treasurer of said school To be fordistrict is required to forward two copies of these receipted superintendvouchers to the superintendent of public instruction within instruction. the first five days of the month succeeding the month covered by the payment. On or before the fifteenth of each month the superintendent of public instruction shall present one set thereof to the auditor general authorizing him to pay to the treasurer of the proper school district the amount covered by the certified vouchers presented.

(352) Sec. 5. All teachers in such schools shall be ap Employment pointed and employed as other public school teachers are ap- etc. pointed and employed. All persons appointed to teach in any such school shall have had special training for teaching, and shall be graduates of a training school for teachers of the deaf by the "oral" method, and shall also have had special training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The so-called Oral” sys"oral” system shall be taught by such teachers, and if after a taught. fair trial of nine months, any of such children shall for any reason be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child, so unable to learn such oral method, in such primary schools.

(353) SEC. 6. For the purpose of this act, any person Deaf, who of sound mind who, by reason of defective hearing, cannot profitably be educated in the public schools, as other children are, shall be considered deaf.

of teachers,

considered.

Sec. 7.

Repeals Act 176, 1899.

PAYMENT OF SUBCONTRACTORS.

An Act to insure the payment of subcontractors and wages earned

and material used in constructing, repairing or ornamenting public buildings and public works.

[Act 187, 1905.]

The People of the State of Michigan enact:

tractors.

ors to give

notice.

benefit of

Bond required (354) SECTION 1. When public buildings or other pubfor payment of subcon

lic works are about to be built, repaired or ornamented under contract at the expense of the state, or of any county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contracting on behall of the state, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, re

pairing or ornamenting of such building or works. Subcontract- (355) SEC. 2. In the case of a subcontractor, he shall written give notice in writing before payment is made for the work

or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and that in

the case of the giving of such notice to the said board of When en

officers or agents said subcontractor shall also notify the titled to

principal contractor that he has done so, and whenever this security, etc.

shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or fur. nished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to

the subcontractor. Bond, to

(356) SEC. 3. Such bond shall be executed by such conwliom exe

tractor to the people of the state of Michigan in such amount cuted, sureties, by whom and with such sureties as shall be approved by the board of approved, etc.

officers or agents acting on behalf of the state, county, city, village, township, or school district as aforesaid, and shall be

conditioned for the payment by such contractor to any sub-
contractor or by any such contractor or subcontractor as the
same may become due and payable of all indebtedness which
may arise from said contractor to a subcontractor or party
performing labor or furnishing materials, or any subcon-
tractor to any person, firm or corporation on account of any
labor performed or materials furnished in the erection, re-
pairing or ornamentation of such building, improvement or
works: Provided, however, that the principal contractor Proviso.
shall not be required to make any payment to a subcontractor
of sums due from the subcontractor to parties performing
labor or furnishing materials, except upon the receipt or the
written orders of such parties to pay the sums due to them to
subcontractors. Such bond shall be deposited with and held
by such board of officers or agents for the use of any party in-
terested therein.

Sureties on a bond given for the benefit of laborers and materialmen cannot avoid liability by showing a failure of the municipal authorities to approve the bond. —People v. Carroll, 151 / 233.

(357)

Sec. 4. Such bond may be prosecuted and a re- Recovery covery had by any person, firm or corporation to whom any on bond. money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, however, That Proviso. in the case of a suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by him: And Provided further, That in Further no case brought under the provisions of this act shall the people of this state be liable for costs.

proviso.

CITIES OF FOURTH CLASS.

An Act to provide for the incorporation of cities of the fourth class.

[Extract from Act 215, 1895, Chap. XXXII.]

(358) § 3338. SECTION 1. Each city incorporated under City to conthis act shall constitute a single school district. Such school school district. district shall be a body corporate, by the name and style of the “public schools of the city of

.." (naming the city) and shall possess the usual powers of corporations for public purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and per

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