schools shall be possessed equally and impartially by all classes of residents. -People v. Detroit Bd. of Ed., 18/413. And mandamus will lie at the instance of a father to compel the admission of his child to school.-Id.

boards may

resident

are a county

admitted.

(65) § 4684. SEC. 19. The district board may admit to District the district school non-resident pupils, and may determine the admit nonrates of tuition of such pupils and collect the same, which pupils. tuition shall not be greater than fifteen per cent more than the average cost per capita for the number of pupils of school age in the district. Children who are being cared for at Children who county expense shall be admitted to the school in the district charge to be whose schoolhouse is nearest the county house, on the same terms that other non-resident pupils are admitted. When non-resident pupils, their parents or guardians, pay a school tax in said district, such pupils shall be admitted to the schools of the district, and the amount of such school tax 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 therein.

TUITION: Before any action can be maintained for the tuition of nonresident pupils, the district board must first fix and determine the rate of tuition of such pupils, by resolution of the board properly recorded by the director in the records of the district.-Thompson v. Sch. Dist., 25/483.

MODERATOR.

(66) § 4685. SEC. 20. It shall be the duty of the moder- Duties. ator of each school district:

First, To preside, when present, at all meetings of the dis- To preside. trict and of the board;

Second, To countersign all orders legally drawn by the Countersign director upon the treasurer for moneys to be disbursed by the orders, etc. district, and all warrants of the director upon the township treasurer for moneys raised for district purposes, or apportioned to the district by the township clerk;

Third, To cause an action to be prosecuted in the name of when to the district on the treasurer's bond, in case of any breach of bring sur any condition thereof;

Fourth, To perform such other duties as are or shall be by law required of the moderator.

Am. 1903, Act 49.

SECOND: Countersigning orders.-Wall v. Eastman, 1/268; Sch. Dist. v. Mallary, 22/111. The moderator has the right to satisfy himself that the claim for which the order was drawn is a valid one.-Stockwell v. White Lake Twp. Bd., 22/341; People v. Bender, 36 / 195. But it must be a very plain case of wrong where the moderator can refuse to enable the district to obtain its own funds.-People v. Bender, 36/197. The director is a proper relator for mandamus to compel the moderator to countersign.-Id. Where an order purports upon its face to be issued by a school district, and is signed by the school officers in the ordinary place for signatures, and at the left, in fine print, are the words, "Issued by authority of the officers of said district, and payment guaranteed," and a space left underneath for the signatures of the guarantors. Held, That the purchaser took the order subject to the authority of the school district to issue. That such school officers are not liable as guarantors.-Bailey v. Tompkins, 127 / 74.

on treasurer's bond.

Director, duties.

To record proceedings.

Notice of meetings.

Warrants and orders.

Teachers' contracts.

Appendages.

What constitutes.

Other apparatus.

To keep accounts.

Estimate of expenses.

To preserve reports.

DIRECTOR.

(67) § 4686. SEC. 21. It shall be the duty of the director of each school district:

First, To act as clerk, when present, at all meetings of the district and of the board;

Second, To record the proceedings of all district meetings, and the minutes of all meetings, orders, resolutions and other proceedings of the board in proper record books;

Third, To give the prescribed notice of the annual district meeting, and of all such special meetings as he shall be required to give notice of in accordance with the provisions of law;

Fourth, To draw and sign warrants upon the township treasurer for all moneys raised for district purposes, or apportioned to the district by the township clerk, payable to the treasurer of the district, and orders upon the treasurer for all moneys to be disbursed by the district, and present them to the moderator, to be countersigned by that officer. Each order shall specify the object for which and the fund upon which it is drawn;

Fifth; To draw and sign all contracts with teachers, when directed by the district board, and present them to the other members of the board for further signature;

Sixth, To provide the necessary appendages for the schoolhouse and keep the same in good condition and repair during the time school shall be taught therein. Necessary appendages within the meaning of the law shall consist of the following articles, to-wit: A set of wall maps, the grand divisions, the United States and Michigan, not exceeding twelve dollars in price, a globe not exceeding eight dollars, a dictionary not exceeding ten dollars, a reading chart not exceeding five dollars, and a case for library books not exceeding ten dollars; also a looking-glass, comb, towel, water pail, cup, ash pail, poker, stove shovel, broom, dust pan, duster, wash basin and soap, and upon the order of the district board shall furnish the schoolhouse with such other apparatus as may be necessary for doing efficient work;

Seventh, To keep an accurate account of all expenses incurred by him as director, and such accounts shall be audited by the moderator and treasurer, and on their written order shall be paid out of any money provided for the purpose;

Eighth, To present at each annual meeting an estimate of the expenses necessary to be incurred during the ensuing year by the director as provided by law, and for the payment of the services of any district officer;

Ninth, To preserve and file copies of all reports made to the school inspectors and safely preserve and keep all books, papers and other documents belonging to the office of director or to the district, when not otherwise provided for, and to deliver the same to his successor in office;

Tenth, To perform such other duties as are or shall be re- Other duties. quired of the director by law or the district board.

SECOND: Proceedings which are required to be recorded cannot be proved by parol. Thompson v. Sch. Dist., 25/488.

FOURTH: The warrant for payment by the treasurer to the assessor of moneys belonging to the district is an official order for the transfer of funds, not negotiable and not legally payable to any person but the officer named.-Fox v. Shipman, 19/218; Burns v. Bender, 36 / 195. See Sch. Dist. v. Mallary, 23/111; Sch. Dist. v. Sch. Dist., 40/551. The duty of procuring this transfer of district moneys, within some reasonable time is not discretionary, but absolute, upon the director, and the moderator is bound to countersign all orders of the director for that purpose.-Burns v. Bender, 36/197. The township treasurer must pay so much of the money in his hands as is covered by the director's warrant in proper form, even though it does not specify a precise sum, but is for all such money in his hands as was raised for the purposes of the district.-Bryant v. Moore, 50 / 225. The disbursement of all school moneys must be made upon orders drawn on the assessor by the director, countersigned by the moderator.-Burns v. Bender, 36/195; Midland Sch. Dist. v. Sch. Dist., 40/551; Sch. Dist. v. Mallary, 23 / 111.

SIXTH: See section 46 subd. 7. See, also, Sch. Dist. v. Snell, 24 / 350; Cent. Sch. Supply House v. Sch. Dist., 99 / 402. Removal of director from office for persistent refusal and neglect to put the furniture, etc., of the schoolhouse in order and repair. Twp. Board of Hamtramck v. Holihan, 46/127.

SEVENTH: Assumpsit will lie in favor of the director of a school district on a disputed claim, the moderator and assessor having declined to pass upon the same as an entirety under this subdivision.-Van Wert v. Sch. Dist., 100 / 332.

EIGHTH: Prior to 1859, no provisions of law existed for paying any of the officers for services rendered.-Hinman v. Sch. Dist., 4 / 168.

to make

(68) § 4687. SEC. 22. It shall be the duty of all school School board boards and boards of education in this state to make an an- annual census. nual school census in their respective districts or cities as is provided in this section:

First, In all school districts, except in incorporated cities When taken. having a population of three thousand or over, within fifteen days next previous to the first Monday in June of each year,

the director, or such other reputable and capable person or Who to make persons as the district board may appoint, shall take the enumeration. school census of the district and make a list in writing of Data required. the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside therein, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the superintendent of public instruction may prescribe, and said list shall be verified by the oath or affirma- List verified tion of the person taking such census, by affidavit appended by oath. thereto or indorsed thereon, setting forth that it is a correct list of the names of all the children between the ages aforesaid residing in the district. Said affidavit may be made before the township clerk or other officer authorized by law to take acknowledgments; and said verified census list shall when be returned with the annual report of the director to the returned. township clerk before the first Monday in August thereafter.

The director, or other person employed by the board of edu Compensation. cation, may receive as compensation for taking said census, such sum as the school board may direct, not exceeding one hundred dollars.

Second, In all incorporated cities or special legislative dis- In cities, trict having a population of three thousand or over, within who to take

census, etc.

Taken by wards.

Data required.

twenty days next previous to the first Monday in June of each year, the secretary of the board of education, or other reputable and capable person or persons employed by the board of education, shall take the school census of such city as follows:

(a) The census shall be taken and reported by wards.

(b) Each enumerator shall make a list in writing of the names and ages of all children who are five years of age and under twenty years of age, whose parents or legal guardians reside in the ward or portion of the ward allotted to said enumerator, together with the names of said parents or legal guardians, giving the street and residence number in each case, said list to be in such form as the superintendent of List verified. public instruction may prescribe, and it shall be verified by the oath or affirmation of the person making the same, by affidavit appended thereto or indorsed thereon, setting forth that it is a correct list of the parents or legal guardians, their street and residence number, the names and ages of all the children between the ages aforesaid residing in the ward or part thereof as allotted to him.

Certain children not included.

Exceptions.

Legal residence.

Indian children.

Domestics,

etc.

Cities, when

census com

piled.

Affidavit of secretary.

When trans-
mitted to
Supt. Public
Instruction.

Third, In taking the census in any school district or city, the director or enumerators shall not include in the census the names of any child or children in reformatories or prisons; nor the names of any child or children in asylums, almshouses, or other charitable institutions, except as follows: (a) Children in such institutions who regularly attend the public schools.

(b) Orphans whose parents at the time of death resided in such school district or city.

Children of either class shall be included in the district or ward where such institution is located, except children in class (a) where the parents, or either of them, reside in the city or district, and in such cases the legal residence of the child is that of the parent. Indian children shall not be included in any census, unless they attend the public school or their parents are liable to pay taxes in the district or city. Domestics, bell boys and other servants, if entitled to be included in the census, must be recorded at the residence of their parents or legal guardians.

Fourth, In cities having a population of three thousand or over, the secretary of the board of education and the several enumerators shall, immediately after the first Monday in June in each year, compare, correct and compile the entire census. The said secretary of the board of education shall then attach thereto his affidavit that the several enumerators were duly employed by the board of education and that said census has been properly compared, corrected and compiled; and forthwith, and before the second Monday in July thereafter, transmit to the superintendent of public instruction the entire census, together with his affidavit and the affidavits of the several enumerators, and at the same time he shall

transmit to said superintendent the annual statistical and financial report of said city or district.

Am. 1903, Act 218; 1905, Act 36.

(69) § 4688. SEC. 22a. Any person who shall refuse to Penalty for giving false give any census enumerator of school children the necessary information for school information for the compiling of a correct census or who shall census. intentionally give to such enumerator any false information as to the names or ages of school children or as to the names or residence of the parents or guardians of any school children, or any school census enumerator who shall perform his duties carelessly or negligently or shall include in the list of names of school children any children who are not actually residents of the city or district, shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be liable to a fine of not less than five dollars nor more than fifty dollars, or to imprisonment in the county jail for not more than twenty days, or both such fine and imprisonment in the discretion of the court.

Am. 1905, Act 208.

(70) 4689. § SEC. 23. The director shall also, at the Report to school inspecend of the school year, and previous to the first Monday in tors, what August in each year, deliver to the township clerk, to be filed to contain. in his office, a report to the board of school inspectors of the township, showing:

First, The whole number of children belonging to the dis trict between the ages of five and twenty years, according to the census taken as aforesaid;

Second, The number attending school during the year under five, and also the number over twenty years of age;

Third, The number of non-resident pupils of the district that have attended school during the year;

Fourth, The whole number that have attended school during the year;

Fifth, The length of time the school has been taught during the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each;

Sixth, The average length of time scholars between five and twenty years of age have attended during the year;

Seventh, The amount of money received from the township treasurer apportioned to the district by the township clerk; Eighth, The amount of money raised by the district, and the purposes for which it was raised;

Ninth, The kind of books used in the school;

Tenth, Such other facts and statistics in regard to the schools and the subject of education as the superintendent of public instruction shall direct.

Am. 1905, Act 36.