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treasurer.

for the same, as herein required : Provided, That no such Proviso, how money shall be drawn from such county treasurer, except drawn from upon an order of the circuit court, circuit court commis- county sioner, or judge of probate, as hereinafter provided.

(110) § 4736. SEC. 9. Upon satisfactory evidence being When title presented to the circuit court of the county where such real in district. 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 according 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 pay. ment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee.

Am. 1903, Act 182.

.When district any

to take

(111) § 4737. Sec. 10. Such school district may,

at time after making the payment or deposit hereinbefore re- possession. quired, enter upon and take possession of such real estate for the use of said district. And it shall be the duty of the Writ of poss county clerk of said county, on the request of said school dis-issued by trict, to issue out of and under the seal of the circuit court to sheriff. of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of possession in actions of ejectment; and it shall be Sheriff to the duty of such sheriff thereupon to remove the respondent respondent, or respondents 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.

(112) § 4738. SEC. 11. In case the jury hereinbefore when jury provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary; but instead of such notice, the judge, commissioner, or 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 Adjournments proceedings may be adjourned from time to time by the said three months.

disagrees.

case

Proceedings in case property is encumbered.

judge, or commissioner, or justice, on the application of
either party, and for good cause, to be shown by the party
applying for such adjournment, unless the other party shall
consent to such adjournment; but such adjournments shall
not in all exceed three months.
(113) § 4739. SEC. 12. In

the said schoolhouse site, or land required to enlarge the same, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, 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 determined by said jury. And the said circuit judge shall, by decree, 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.

urer may be drawn.

How money (114) § 4740. SEC. 13. The circuit judge, judge of prodeposited with county treas- bate, or circuit court commissioner of any county where any

money has been deposited with the county treasurer of such county, as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such applicant 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 treasurer, on the presentation of such order, with the receipt of the person named therein, indorsed on said order and duly acknowledged, 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. Compensation

(115) § 4741. SEC. 14. Circuit judges, circuit court com: of officers,

missioners, and justices of the peace, for any services renproceedings. dered under the provisions of this act, shall be entitled to

the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil

cases in the circuit court. When judge (116) § 4742. Sec. 15. In case any circuit judge, ciretc., unable

cuit court commissioner, or justice of the peace, who shall to attend,

issue a summons or venire for a jury, shall be unable to finish proceed

etc., on

another may

inga,

attend to any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish said proceedings.

CHAPTER IX.

APPEALS FROM ACTION OF TOWNSHIP BOARD.

constitute.

(117) § 4743. SECTION 1. Whenever any five or more tax Appeal, how paying electors having taxable property within any school action of district shall feel themselves aggrieved by any action, order township or decision of the township board or joint boards 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 board, appeal from such action, order or decision of said board to the county commissioner of schools and a circuit court commissioner of the county in which such school district is situated. The Board of county commissioner of schools and circuit court commis- who to sioner shall constitute a board of appeals for all such cases and shall be entitled to the usual fees provided by statute for circuit court commissioner. When an appeal shall be filed with the board of appeals herein provided for, said board shall serve notice on the clerk of the township board or the clerks of the joint boards who have made the decision appealed from, and said clerk or clerks shall notify the several members of such board of such appeal. The notice to the Notice to clerk and township board shall state the day and hour when clerk, what such appeal will be heard, and it shall be the duty of said to state. board of appeals to review, confirm, set aside or amend the action, order or decision of the township board or boards thus appealed from; or if in its opinion the appeal is frivolous or without sufficient cause it may summarily dismiss the

same.

Am. 1909, Act 31.

ACTION OF INSPECTORS: The board of inspectors act in the exercise of a pi:blic 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: School Dist. v. Wilcox, 48 / 404. When it seems an appeal could not be taken.-Sch. Dist v. Sch. Dist., 63 / 57-8.

CERTIORARI : The issuance of a writ of certiorari being largely discre. tionary, and not permissible to accomplish a palpable injustice, a writ issued to review the setting aside of the organization of a school district out of the territory of two others will be dismissed when each of the three districts as so organized would be financially unable to support a school without imposing upon the residents a greater burden than they are able to bear. -Silver v. Hamilton Township Board, 146 / 393.

file written statement.

(118) § 4744. Sec. 2. Said appellants shall, before taking appellants to such appeal, make out and file with the board of appeals a written statement, to be signed by said appellants, setting forth in general terms the action, order or decision of the township board with respect to which the appellants feel themselves aggrieved, and their demand for an appeal there.

Bond; amount of.

from to the board of appeals, and shall also cause to be ex. ecuted and signed by one of their number, and by two good and sufficient sureties to be approved by the board of appeals, a bond to the people of the state of Michigan in the penai sum of two hundred dollars, conditioned for the due prosecution of said appeal before said board, and also in case of the dismissal of said appeal as frivolous by said board for the payment by said appellants of all costs occasioned by reason of said appeal.

Am. Id.

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

Township (119) § 4745. SEC. 3. Upon the filing of such appeal board, when to file tran.

papers and bond with the said board of appeals and after ceedings, etc.

porto notice by the board of appeals to the township board from

whose decision appeal is taken, said township board shall within ten days thereafter make out and file with the said board of appeals a full and complete transcript of all its proceedings, actions, orders or decisions with reference to which the appeal is taken and of its 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 filing of the same with said board of appeals the said board shall be deemed to be in possession of the case, and if the return be deemed by it insufficient the board may order a further and more complete return by said township board, and when such return shall by it be deemed sufficient it shall proceed with the consideration of the appeal at such time or times, within ten days after such return in such manner and under such affirmation, amendment or reversal of the action, order or decision of the township board appealed from, as in its judgment shall seem to be just and right; or if it deem the appeal be frivolous

may siimmarily dismiss the same.

Am. Id.

CHAPTER X.

GRADED SCHOOL DISTRICTS.

Graded school

(120) § 4746. SECTION 1. Any school district containganization of. ing more than one hundred children between the ages of five

and twenty years, may, by a majority vote of the qualified voters present at any annual or special meeting, organize as a graded school district. The intention to submit the question of the organization of a graded school district shall be expressed in the notice of such annual or special meeting.

When such change in the organization of the district shall education,

have been voted, the voters at such annual or special meeting shall proceed immediately to elect by. ballot a board of

Board of

election, term, etc.

education of five members, one member 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 member or members whose term of office shall expire. Any qualified voter in such district whose name appears upon Eligibility. the assessment roll at the time of such election and who is the owner in his own right of the property so assessed, shall be eligible to election or appointment to the office of member of the board of education. In the election of members of the Majority board of education and all other school officers, the person receiving a inajority of all the votes shall be declared elected: Provided, That all graded school districts organized prior Proviso. to the year nineteen hundred seven shall operate after the passage of this act under the provisions of this act without reorganization: And Provided also, That in all such dis. Proviso. tricts the members of the board of education hereafter elected shall be elected under the provisions of this act.

vote.

Am. 1907, Act 247.
Simpkins v. Ward, 45 / 562.

CUSTODY OF RECORDS : The proceedings provided by statute, sections 9843-9851 C. L., to compel delivery of books and papers by a public officer to his successor,

are not adapted to a determination of the rights of contestants to any office, but are merely appropriate for ascertaining whether a petitioner is prima facie such an officer as entitles him to possession of the books and papers of the office. After an adjudication of this question by a court of competent jurisdiction the defeated party can not review the judgment by certiorari and thereby defeat the object of the statute, but must resort to quo warranto or other proceedings appropriate to try title to an office.-Murta v. Carr, 140 / 606.

GRADED SCHOOL DISTRICTS: The wisdom of the graded-school-dis. trict 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 constitution 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. De. troit Board of Education, 18 / 411; Keweenaw Ass'n v. Sch. Dist., 98 / 442.

ALL OTHER OFFICERS: The term “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 absolute 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 trustee 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 constitutional.-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 Mudge 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.

of office.

(121) $ 4747. SEC. 2. Within ten days after his elec- Acceptance tion, each member shall file with the secretary of the board an acceptance of the office to which he has been elected, accompanied by an affidavit setting forth the fact of eligibility

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