페이지 이미지
PDF
ePub

Posting notice.

tion to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of said board and the alteration proposed, by posting such notice in three public places in the township or townships, one of which notices shall be in each of the districts that may be affected by such alteration. Whenever the township boards of more than one township meet, they shall elect one of their number chairman, and another clerk thereof.

Joint boards.

Am. Id.

NOTICE: The notice required is jurisdictional and indispensable.—Coulter V. Inspectors, 59 / 391; Sch. Dist. v. Inspectors, 63 / 611 ; Gentle v. Inspectors, 73 / 40; Graves v. Inspectors, 102 / 635; Passage v. Inspectors, 19 / 330; Andress v. Inspectors, 19 / 332. Proof of the posting of such notice should be filed with the clerk of the board, before any action is taken.— Coulter v. Inspectors, 59 / 391; Sch. Dist. v. Inspectors, 63 / 611; Graves v. Inspectors, 102 / 635. Where notice is not given the filing of the consent of a majority of the resident taxpayers of the districts affected will not validate the action.—Gentle v. Inspectors, 73 / 40. Notices must be posted in each township affected by the alteration.-Sch. Dist. V. Metcalf, 93 / 499. The object of the notice is to enable parties interested to be heard before any action is taken.-Gentle v. Inspectors, 73 / 45 : Sch. Dist. v. Metcalf, 93 / 499. As to the provision in the former law, see Sch. Dist. v. Sch. Dist., 63 / 51. Notice of posting notices in three public places is jurisdictional. Affidavit must show that the notices were so posted. Certiorari will lie to test validity of proceedings where petitioner moves promptly.-Huyser v. Board of School Inspectors, 131 / 568.

FRACTIONAL DISTRICTS: The action of the joint boards is required in case of fractional districts.-Sch. Dist. V. Sch. Dist., 81 / 343.

May detach (35) $ 4654. Sec. 9. The township board may in its disand attach property.

cretion detach the property of any person or persons from one district and attach it to another; except that no land which has been taxed for building a schoolhouse shall be set

off into another school district for the period of three years Division into thereafter, except by the consent of the owner thereof; and no

district shall be divided into two or more districts without the consent of a majority of the resident taxpayers of said district, and no two or more districts shall be consolidated without the consent of a majority of the resident taxpayers of each district.

two or more districts.

Am. Id. People v. Davidson, 2 Doug. 121; Brewer V. Palmer, 13 / 104. See Sch. Dist. v. Dean, 17 / 223; Gentle v. Sch. Inspectors, 73 / 45.

DISSOLVING DISTRICT: The school inspectors (township board) havo power to alter boundaries of districts, and attach or detach persons, to or from any district; but no power is anywhere granted to them to disband, dissolve or destroy a district, save as restricted under this section.-Briggs v. Borden, 71 / 90. As intimated in Doxey V. Inspectors, 67 / 604, the board have no authority to divide up a district and destroy it without the consent of a majority of the resident taxpayers; nor can they destroy it by cutting it up into pieces and attaching all the territory to other districts without such consent.--Id. The terms “dissolve" and "disband" are of similar import and a vote taken to. “disband” is supported by notice of a meeting to vote upon a proposition to “dissolve.”—Id.

CONSENT OF OWNER: Lands taxed within three years for building a schoolhouse, not to be set off into another district without the consent of the owner.-Coulter v. Inspectors, 59 / 391.

CONSOLIDATION: The right of inspectors to consolidate districts depends upon consent of majority of resident taxpayers. Where a school district de facto formed by consolidation of other districts has been in existence two years or

the court will not set aside action of board.Howell v. Shannon, 130 / 556.

POWER OF LEGISLATURE : The legislature may change the boundaries of district.--Att’y Gen. ex rel. Kies v. Lowery, 131 / 639.

more

persons not

in any

(36) § 4655. SEC. 10. The township board may attach Attaching to a school district any person residing in a township and not in any organized district, at his request; and for all district organized purposes, except raising a tax for building a schoolhouse, such person shall be considered as residing in such district; but when set off to a new district, no sum shall be raised for such person as his proportion to the district property.

Am. Id.

director of

(37) § 4656. SEC. 11. In all cases where an alteration Notice to of the boundaries of a school district shall be made, the district township clerk shall, within ten days, deliver to the director affected by of each district affected by the alteration a notice in writing, setting forth the action of the township board and defining the alterations that have been made.

Am. Id.

DIVISION OF PROPERTY.

(38) $ 4657. SEC. 12.

SEC. 12. When a new district is formed in Division of whole or in part from one or more districts possessed of a possessed schoolhouse or entitled to other property, the township board of school

, etc. at the time of forming such new district, or as soon there. after as may be, shall ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the schoolhouse and other property belonging to the former district, at the time of such division; and whenever by the division When may of any district, the schoolhouse or site thereof shall no longer apportion be conveniently located for school purposes and shall not be proceeds. desired for use by the new district in which it may be situated, the township board of the township in which such schoolhouse and site shall be located may advertise and sell the same, and apportion the proceeds of such sale and also any moneys belonging to the district thus divided among the several districts erected in whole or in part from the divided district.

Am. Id.

Saginaw Twp. V. Sch. Dist., 9 / 541; People v. Ryan, 19 / 203; Ramsey v. Everett Twp. Clerk, 52 / 344; Sch. Díst. v. Riverside Twp., 67 / 404.

NEW DISTRICT: See Pine Sch. Dist v. Wilcox, 48 / 404, and section 117 as to appeals. Bill to prevent the consummation of a void apportionment.Sch. Dist. v. Sch. Dist., 63 / 58. Bill to restrain the sale of the schoolhouse. --Briggs v. Borden, 71 / 87. Upon the formation of a new district by the union of two or more, the new district succeeds to the credits and property and is liable for the debts of the old ones.—Brewer v. Palmer, 13 / 104 ; Halbert v. Districts, 36 / 421.

(39) § 4658. SEC. 13. Such proportion shall be ascer- Proportion, tained and determined according to the value of the taxable tained. property of the respective parts of such former district at the time of the division, by the best evidence in the power of the township board; and such amount of any debt due from Debt the former district, which would have been a charge upon the

deducted.

Proviso.

new had it remained in the former district, shall be deducted from such proportion: Provided, That no real estate thus set off, and which shall not have been taxed for the purchase or building of such schoolhouse, shall be entitled to any portion thereof nor be taken into account in such division of district property.

Am. Id.

DEBTS OF OLD DISTRICTS: Where the territory of a school district is absorbed by other districts, the statute contemplates that the township board shall make an equitable adjustment of property and debts, so as to proportion them fairly among the districts which have succeeded to the jurisdiction of that which has been divided.—Halbert v. Sch. Districts, 36 / 421. Where a school district has been subdivided and other districts set off, the debts of the original district cannot be parceled out among all by a proceeding in the courts, so as to give creditors a remedy against any but the original debtors:-Turnbull V. Alpena Sch. Dist., 45 / 496; Maltz v. Board of Education, 41 / 547. A debt once existing must remain a debt against the corporation that created it, and its obligation is not destroyed by a change in corporation limits. If contribution is required, it must be obtained by the corporation and not by its creditors, unless otherwise provided by law. -Turnbull v. Alpena Sch. Dist., 45 / 499.

DISTRICT MEETINGS.

Annual school meetings, when held.

School

year, when

(40) § 4659.

§ 4659. Sec. 14. The annual meeting of all school districts, except where otherwise provided by special enactment, shall be held on the second Monday of July in each year. The school year shall commence on that day, and the trustees and officers of the district shall date their terms of office from said day, and until their successors are elected and qualified: Provided, That any district may vote to hold its annual meeting on the fourth Monday in July.

to begin.

Proviso.

Am. 1905, Act 36.
Farrell v. Sch. Dist., 98 / 45 ; Johnston v. Mitchell, 120 / 589.

Special

(41)

§ 4660. SEC. 15. Special meetings may be called meetings.

by the district board; and it shall be the duty of said board, or any one of them, to call such meetings on the written re

quest of not less than five legal voters of the district, by givWhen may not ing the notice required in the next succeeding section; but no

special meeting shall be called unless the business to be transBusiness of, acted may lawfully come before such meeting, and no busito be stated in notice.

ness shall be transacted at a special meeting unless the same be stated in the notice of said meeting.

NOTICE: Liberal rules of interpretation must be applied to these notices, and if they be such as, under fair construction, to give notice to the electors of the purpose for which the meetings are called, they must be held sufficient.-Peters v. Warren Twp., 98 / 55.

SPECIAL MEETING : In order to constitute a legal school meeting, the evidence must show that a legal petition was presented and a legal notice of the meeting given.–Cent. Sch. Supply House v. Sch. Dist., 99 / 402; Johnston v. Mitchell, 120 / 589. Use by a school board, in calling a special meeting, of a blank form of notice prepared by a lawyer at the request of one who was not a member of the board, is insufficient to show a ratification on its part of a promise by such third person that the board would pay a specified sum for the legal services rendered.-Leonardson v. School District No. 3 of Troy Township, 125 / 209.

а

Notices of meetings.

(42) 4661. SEC. 16. All notices of annual or special district meetings, after the first meeting has been held as aforesaid, shall specify the day and hour and place of meeting, and shall be given at least six days previous to such

meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meeting shall be posted at the outer door of the district schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That when any of the district Duty of disboard shall receive a request to call a special meeting, as to give. provided in the preceding section, he shall forthwith give notice, as above provided, of said meeting, which shall be called in not less than six nor more than twelve days from the time the said officer shall receive the notice aforesaid. No annual meeting shall be deemed illegal for want of due When annual notice, unless it shall appear that the omission to give such illegal for notice was wilful and fraudulent.

want of.

Scbafer v. Sch. Dist. No. 1 of Baraga, 116 / 206; Johnston V. Mitchell, 120 / 589.

(43) § 4662. SEC. 17. In all school elections every citi. Qualified zen of the United States of the age of twenty-one years, deemed. male or female, who owns property which is assessed for school taxes in the district, or who is the parent or legal guardian of any child of school age included in the school census of said district, and who has resided in said district three months next preceding such election, shall be a qualified voter. On the question of voting school taxes, every Voting citizen of the United States of the age of twenty-one years, taxes. male or female, who owns property which is assessed for school taxes in the district, and who has resided in the dis. trict, as above stated, shall be a qualified voter: Provided, PanovisonThat the purchaser of land upon a land contract, who actu- tracts. ally pays the taxes upon such land and resides thereon, may vote upon all questions; and where a husband and wife own Husband property jointly and

is assessed for school taxes and wife. in the school district, each may, if otherwise qualified, vote upon all questions including the question of raising money.

same

Am. 1909, Act 83.

QUALIFIED VOTER: See Coffin v. Election Com’rs, 97 / 189; Belles v. Burr, 76,1; Mudge v. Stebbins, 59 / 165. See constitution of 1909, Art III, section 4.

(44) § 4663. SEC. 18. If any person offering to vote at Challenging a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the chairman shall tender to him an oath, in substance as follows: Oath tendered “You do swear (or affirm) that you are citizen of the to challenged United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you pay a school district tax therein;" and every person taking

voters.

voter.

this oath shall be permitted to vote upon all questions proposed at such meetings. Or he may take the following oath, to wit: “You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall wilfully take a false oath, or make a false affirmation, under the provisions of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner.

False oath deemed perjury.

Belles V. Burr, 76 / 6.

Disorderly persons at district meetings.

Penalty for disturbing meeting.

Who shall

(45) § 4664. Sec. 19. If at any district meeting any person shall conduct himself in a disorderly manner, and, after notice from the moderator or person presiding, shall persist therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who shall refuse to withdraw from such meeting on being so ordered as herein provided, and also any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding

thirty days; and any justice of the peace, recorder, or police hiave in iurisdic- justice of the township, ward, or city where such offense shall

be committed, shall have jurisdiction to try and determine the same.

(46) 4665. Sec. 20. The qualified voters in any school qualified district, when lawfully assembled at the first and at each

annual meeting or at an adjournment thereof or at any special meeting lawfully called, except as hereinafter provided, shall have power:

First, At the first meeting and at any meeting after the organization of the district, in the absence of the moderator, to appoint a chairman for the time being, and in the absence of the director, to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify the same to the director, to be by him entered in the records of the district;

Second, To adjourn from time to time as occasion may require;

Powers of

voters at school meetings.

May appoint chairman.

May adjourn.

« 이전계속 »