passing of

education.

ages for the township library: Provided, That when the Proviso, township library shall pass to the control of the township control to board of education, the township treasurer shall continue to board of apply for and receive all library moneys and pay them over to the treasurer of the board of education upon proper warrant of the township district. In villages or cities the treas- Cities or urer of the board of education shall apply for and receive all moneys apportioned or appropriated for libraries and shall disburse such funds in the same manner as other educational funds.

Am. 1909, Act 32.

villages.

accountable

(129) § 4755. SEC. 4. Said board shall be held account- who able for the proper care and preservation of the township for care, etc., library, and shall have power to provide for the safe keep- of library. ing of the same, to prescribe the time for taking and returning 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.

term, etc.

(130) § 4756. SEC. 5. The township board shall cause Township library where the township library to be kept at some central and suitable kept. place in the township which it shall determine. Said board Librarian, shall also, within ten days after the annual township meet- appointment, ing, appoint a librarian for the term of one year to have the care and superintendence of said library, and such librarian shall be responsible to the township board for the impartial enforcement of all rules and regulations lawfully established in relation to said library.

Am. 1909, Act 32.

district

be estab

books and

(131) § 4757. SEC. 6. Any school district, by a majority School vote at an annual or special meeting, may establish a school library. district library, due notice of said action to be stated on the how may annual or special meeting notice, and such district shall be lished, etc. entitled to its just proportion of books from the library of Share of any township in which it is wholly or in part situated, to be money. added to the district library, and also to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of such district library or that shall thereafter be raised by tax in such township or townships or that shall thereafter be apportioned to the township for library purposes.

Am. Id.

who to

(132) § 4758. SEC. 7. The district board of any school Library, district or the board of education of any township school dis- have charge trict, village or city in which a library may be established of, etc. in accordance with the provisions of this act, shall have charge of such library and provide the necessary conveniences

Township clerk to report annually.

Director, report of, what to include.

Failure to report.

Forfeiture of library moneys.

Annual statement of townships, etc., entitled to library money.

Statement

and copy, to whom furnished.

for the proper care of such library, and said board shall be responsible for and shall use all moneys raised or apportioned for its support in accordance with the provisions of law.

Am. Id.

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

(133) § 4759. SEC. 8. SEC. 8. The township clerk shall give in his annual report to the superintendent of public instruction such facts and statistics relative to the management of the township library and the library moneys thereof as said superintendent of public instruction shall direct, and the district board or board of education of any district, village or city having a library shall give in the annual report of the director or secretary such facts and statistics relative to the library as the state superintendent of public instruction may direct, and where school officers report to the township clerk they shall include similar information in said report to said clerk.

Am. Id.

(134) § 4760. SEC. 9. In case the township board of any township, or the district board of any school district, or the board of education of any village, city or township, shall fail to make the reports required by this act, or in case it shall appear that any township or school district or township district, village or city has failed to use the library money in strict accordance with the provisions of law, such township or district or township district, village or city shall forfeit its share of the library moneys that are apportioned for the ensuing year and such money shall be apportioned to other township districts, villages or cities in the county as hereinafter provided.

Am. Id.

(135) § 4761. SEC. 10. The superintendent of public instruction shall annually and previous to the tenth day of May, transmit to the clerk of each county a statement of the townships, districts, township districts, villages and cities in his county that are entitled to receive library moneys, giving the number of children in each case between the ages of five and twenty years as shall appear from the annual reports of such townships, districts, township districts, villages or cities 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. The state superintendent shall also furnish a copy of such statements to the township clerks or city clerks in each county.

Am. Id.

certain.

(136) § 4762. SEC. 11. The proceeds of all fines for any Fines, breach of the penal laws of this state, when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on account of such fines and not already apportioned, shall be apportioned by the county treasurer in accordance with the directions of the superintendent of public instruction, as provided in the preceding section, before the first day of June in When applied each year among the several townships, districts, township of libraries. districts, villages and cities in the county, which money when received by the proper authorities shall be exclusively applied to the support of township, district, township district, village and city libraries and to no other purposes.

Am. Id.

FINES, ETC.: See Const., Art. XI, section 14, and notes thereto.

to support

levy tax for

libraries.

(137) § 4763 SEC. 12. The qualified voters of each Voters may township shall have power at any annual township meeting, support of to vote a tax for the support of libraries established in accordance with the provisions of this act, and the qualified voters of any school district, in which a district library shall be established, shall have power, at any annual meeting of such district, to vote a district tax for the support of said district library. When any tax authorized by this section How tax to shall have been voted, it shall be reported to the supervisor, assessed and levied, and collected in the same manner as other township collected. and school district taxes.

be reported,

donation of.

(138) § 4764. SEC. 13. The district board or board of Books, sale or education of any school district may donate or sell any library book or books belonging to such district to the town. ship board, where there is a township library or to the city library in cities, and such books shall thereafter form a part of the township or city library.

Am. 1909, Act 32.

CHAPTER XIII.

PENALTIES AND LIABILITIES.

inhabitant

(139) § 4765. SECTION 1. Any taxable inhabitant of a Penalty on newly formed district receiving the notice of the first meeting, for neglect who shall neglect or refuse duly to serve and return such of duty. 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.

district officer

(140) § 4766. SEC. 2. SEC. 2. Any person duly elected to the Penalty on office of moderator, director, treasurer, or trustee of a school for neglecting district, who shall neglect or refuse, without sufficient cause, or refusing to accept such office and serve therein, or who, having entered duties. upon the duties of his office, shall neglect or refuse to per

to perform

Township clerk, liability of, for failure

to report.

County clerk or commissioner, liability of, for failure to report.

How moneys collected on account of neglect, disposed of.

Liability of township clerk and supervisor

form 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 recover their taxes from such officer.-Wall v. Eastman, 1/268.

(141) § 4768. SEC. 4. If any township clerk shall neglect or refuse to make out and transmit the annual report containing the reports of the several school districts of his township or any other report which the law may require of him, within the time limited therefor, he shall be liable to pay the full amount lost by the township or any district or districts by such neglect or refusal, with interest thereon, to be recovered in an action of debt or on the case.

Am. 1909, Act 32.

Sec. 3 was repealed by Act 32, 1909.

(142) 4769. § 4769. SEC. 5. Any county clerk or county commissioner of schools who shall neglect or refuse to transmit to the superintendent of public instruction the reports required by this act or any other reports which the law may require, within the time limited therefor, shall be liable to pay to each township, village or city the full amount which such township or any school district, village or city therein shall lose by such neglect or refusal, with interest thereon to be recovered in an action of debt or on the case.

Am. Id.

(143) § 4770. SEC. 6. All the moneys collected or re ceived by any township treasurer under the provisions of either of the two last preceding sections, shall be apportioned 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 distributed.

(144) § 4771. SEC. 7. Any township clerk who shall neglect or refuse to certify to the supervisor any school district taxes that have been reported to him as required by this district taxes. act, and any supervisor wilfully neglecting to assess any such

in regard to

Primary school districts,

tax 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.

(145) § 4772. SEC. 8. The township board of each township containing primary school districts and in the case of when officers fractional school districts the township board of the township in which the district schoolhouse thereof is situated, shall have power and is hereby required to remove from office,

of, to be

removed.

upon satisfactory proof, after at least five days' notice to the party implicated, any district officer who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neglect to discharge any of the duties of his office: Provided, That the power of the township board to remove Proviso. school officers from office shall not apply when the township is organized as a school district. In case of such removal Order for

removal to

evidence.

it shall be the duty of the township clerk of such township be recorded. 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 Prima facie jurisdiction of such board and of the regularity of the proceedings for such removal, and, unless the party so removed shall, within thirty days after such removal, institute proceedings before a court of competent jurisdiction for the removal of such order for removal, or if after such thirty days 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.

Am. 1909, Act 32.

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.-Stockwell 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 v. 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 schoolhouse furniture, etc., is sufficient cause for removal.-Hamtramck Twp. Bd. v. Holihan, 46/127. Wilful 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 removal.-Geddes v. Thomastown, 46/316. A woman moderator cannot be removed 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 schoolhouse, under an order of the annual meeting "to fix the schoolhouse for the winter term."-McLaren v. Akron Twp. Bd, 48/189.

CERTIORARI: Lies to review the proceedings of a township board in removing a school officer.-Stockwell v. White Lake Twp. Bd., 22/341; Crawford 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.

(146) § 4773. SEC. 9. No school officer, superintendent, School officers or teacher of schools, shall act as agent for any author, pub- not to act as lisher, or seller of school books, or shall directly or indirectly agents, etc.

and teachers school book