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trict officers.

Third, To elect district officers as herein provided, and to Elect disdetermine at what hour the annual meeting shall be held;

Fourth, To designate, as hereinafter provided, a site or Designate such number of sites as may be desired for schoolhouses, and sites. to change the same when necessary;

Fifth, To direct the purchasing or leasing of a site or sites Direct purlawfully determined upon; the building, hiring or purchasing site, etc. of a schoolhouse or houses, or the enlarging of a site or sites previously established; Sixth, To vote such tax as the meeting shall deem sufficient, Vote tax for

? buildings, etc. to purchase or lease a site or sites, or to build, hire, purchase or repair a schoolhouse or houses; but the amount of taxes Limit. to be raised in any district for the purpose of purchasing or building, altering or repairing a schoolhouse or houses in the same year that any bonded indebtedness is incurred shall not exceed two hundred fifty dollars in districts containing less than ten children between the ages of five and twenty years; in districts having between ten and thirty children of like age it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age it shall not exceed one thousand dollars; the foregoing tax when Tax, how levied and collected, together with all funds derived from accounted. bonding for the same purposes, when received by the treasurer shall be accounted for under the title of "building and repair fund:” Provided, That in addition to the amount Amount may which may be voted by the qualified voters of a district for general fund. repairs, an amount not exceeding fifty dollars in any one year may be taken from the general fund;

Seventh, To vote such tax as shall be necessary for the Vote tax for following purposes: To provide the necessary appendages ratus, iibrary, provided for by statute and all other school apparatus; to etc. establish and support a district library; to pay the premium upon any surety bond required by law to be given by any officer of such school district; to pay for the transportation of pupils to and from school; to pay for furniture, fences, care of grounds, taking of census, books for indigent children and all appurtenances to the school property; to pay for necessary record books and blanks, and to discharge any debt or liability of the district lawfully incurred for any of these purposes; the tax herein provided for, when collected Tax, how and received by the treasurer, shall be accounted for under the title of “the general fund;"

Eighth, To authorize and direct the sale of any schoolhouse, May sell site, building or other property belonging to the district, site, etc. when the same shall no longer be needed for the use of the district;

Ninth, To give such directions and make such provisions to direct as they shall deem necessary in relation to the prosecution or suits, etc. defense of any suit or proceeding in which the district may be a party or interested;

accounted.

Building committees.

Determine

Tenth, To appoint, as in their discretion it may be necessary, a building committee to perform such duties in supervising the work of building a schoolhouse as they may by vote direct;

Eleventh, At the first and annual meeting only to deterlength of time mine the length of time a school shall be taught in their dis

trict during the ensuing year, which shall not be less than nine months in all districts having four hundred or more children of school age, and in all districts having over thirty children and less than four hundred children, not less than eight months, and not less than five months in all other districts on the pain of forfeiture of their share of the primary school interest fund; but in case the people do not determine the length of the school year, then the district board shall determine the same, and in case the board or the district fix the length of the school year and later in the year it is found desirable to increase the length of said school year, such action may be taken at a properly called special school meet

ing, or the board may take such action on petition of a maProviso, may jority of the resident qualified voters: Provided, That each

school district may at an annual meeting vote to discontinue school in the district for the ensuing year and determine that the children resident therein shall be sent to another school

or schools, and when such action has been taken the school transporta- board shall have authority to use any funds, except library

funds, in the hands of the treasurer to pay the tuition and transportation of all such children, and if necessary vote a tax for such purpose.

discontinue school.

Tuition and

tion.

Am. 1903, Act 10 ; 1907, Act 91; 1909, Act 83.
Moiles v. Watson, 60 / 415.
FOURTH : See section 102 as to desigpation of school sites.

FIFTH : A school district, contracting for the building of a schoolhouse within a stated time, is bound to furnish a suitable site therefor, within such reasonable time that the contractors shall not be delayed on their part.-Todd v. Sch. Dist., 40 / 294. Sureties upon a bond for the performance of a contract are released by an assignment of the contract and the grant of an extension of time to the contractors.--Id.

SIXTH : A school district in its annual meeting may lawfully recognize and pay equitable claims even though they are not strictly legal demands against it. --Stockdale v. School Dist., 47 / 226. The provision that no land shall be taxed for the building of schoolhouses, unless some portion thereof shall be within 212 miles of the schoolhouse site, does not apply to a graded school district.-Keweenaw Ass'n v. Sch. Dist., 98 / 437.

SEVENTH: Publishing House v. Sch. Dist., 94 / 265. The word “append. age" does not mean simply the apparatus to be used inside of the building, nor is it limited to brooms, pails, cups, etc., but must be construed to include fuel, fences and necessary out-houses.-Creager v. Sch. Dist., 62 / 108. A director has authority, in the exercise of a sound discretion, to buy new seats for a schoolhouse under a resolution “to fit up the schoolhouse for the winter term.”—McLaren v. Akron Town Board, 48 / 190. Equitable claims. See notes to subdivision sixth. Certain charts, etc., held not to be necessary appendages, such as the director is required to furnish.—Gibson v. Sch. Dist., 36 / 404; Publishing House v. School Dist., 94 / 265. A school district has no power to levy a tax except for the purposes specified by statute.-Hinman V. Sch. Dist., 4/168. See section 67, subdivision 6.

ELEVENTH : Tappan v. Sch. Dist., 44 / 500. The district board has power to contract with a qualified teacher for such term during the en suing year as shall be determined by the qualified voters of the district at the annual school meeting.–Cleveland v. Amy, 88 / 374; Moiles V. Watson, 60 / 417.

MISCELLANEOUS: Gibson v. Sch. Dist., 36 / 404. Where a board of education erects a school building in such manner that ice and show must inevitably slide from the roof into plaintiff's premises, there being no sufficient barrier to prevent, and fails, after notice, to remedy the defect, it may be held liable to him for injuries sustained in falling upon ice so precipi.

tated, the trespass being the proximate cause of the injury.-Ferris v. Board of Education of Detroit, 122 / 315. The neglect or refusal of the electors of a township to vote the amounts necessary to be raised for township and school purposes is sufficiently shown, within the statutes authorizing the township board and the board of education, respectively, to vote the same in such case, by a recital in the resolutions of the several boards voting such taxes, that the attention of the electors present at the annual meeting was called to the matter of voting upon such questions, and that they failed, neglected, and refused to vote such sums as were necessary.-Weston Lumber Co. v. Township of Munising, 123 / 138. Where the legislature divides a district and provides for a distribution of property, the new district is not entitled to share in primary school interest fund at the following apportionment, though based upon reports of previous year. A district which does not maintain school for at least three months (now five months) is not entitled to share in apportionment of primary school interest fund.—Deckerville School District V. District No. 3 of Marion, 131 / 272. A school district which had provided by resolution for the seating of a schoolhouse is estopped to question the validity of a contract signed by the director only, where other officers paid the freight bills and the seats had been in use fifteen months.-Jones v. Sch. Dist. No. 3 of Iosco, 110 / 363. District board bought furniture. At following annual meeting voters made no objection. Held a ratification of the contract though act of board was not authorized. -Haney. Sch. Fur. Co. v. Sch. Dist. No. 1 Crystal Lake Twp., 133 / 241. School district cannot appropriate surplus one mill tax to general purpose before end of year.—Bonhagel v. Sch. Bd. of Dist. No. 1, Bronson & Bethel Twps., 134 / 455.

CHAPTER III.

DISTRICT BOARD AND OFFICERS.

office.

(47) § 4666. SECTION 1. At the first meeting in each Election of school district there shall be elected by ballot a moderator officers. for the term of three years, a director for two years, and a treasurer for one year; and on the expiration of their re- Term of spective terms of office, and regularly thereafter at the annual meetings, their several successors shall be elected in like manner for a term of three years each. The time intervening between the first meeting in any school district and the first annual meeting thereafter shall be reckoned as one year.

NOTE.--Act 165, 1901, amending Act 164, 1881, changes the word assessor to treasurer. See section 52.

OFFICERS: The officers of a primary school district consist of a moderator, director and assessor. These officers are created by statute and have attached to them certain imited powers and particular duties. They have, therefore, neither common law power, nor rights, but are strictly confined to such as are conferred upon them by statute; and as no compensation for their official services has been provided (as the law stood prior to 1859] or in any manner authorized by statute, none can be legally claimed or recovered.-Hinman v. Sch. Dist., 4 / 168. The provisions relative to the election of school district officers by ballot are mandatory ; but where they were unanimously chosen by viva voce vote at a regular meeting, and qualified and acted and no one else claimed the offices, a writ of quo warranto was dismissed.—People v. Gartland, 75 / 143. Parol evidence is admissible to show who are the district officers.-Crane v. Sch. Dist., 61 / 290.

BALLOT: All ballots cast under statutory requirements are formal and final, if there is an election, and cannot be repeated. There can be no “informal” ballot.—People v. Stone, 78 / 635; Sch. Dist. v. Root, 61 / 373.

vacant.

(48) § 4667.

SEC. 2. A school district office shall be. When school come vacant immediately upon any of the following events: district office

First, The death of the incumbent;
Second, His resignation;
Third, His removal from office;
Fourth, His removal from the district;
Fifth, His conviction of any infamous crime;

Sixth, His election or appointment being declared void by a competent tribunal;

Seventh, His neglect to file his acceptance of office, or to give or renew any official bond according to law;

Eighth, His ceasing to be a taxpayer in the school district;

Ninth, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting, at the expiration of which period the board of school inspectors shall appoint such successor.

Am. 1903, Act 21 ; 1907, Act 91.

Vacancies, how filled.

(49) § 4668. Sec. 3. In case any one of the district offices becomes vacant, the two remaining officers shall immediately fill such vacancy; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies; in case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a district shall become vacant, the township board of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the next succeeding annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term.

Term of office.

Am. 1909, Act 83.
Johnston v. Mitchell, 120 / 589.

Who eligible to election or

(50) 4669.

§ 4669. SEC. 4. Any qualified voter in a school appointment. district whose name appears upon the assessment roll and

who is the owner in his own right of the property so assessed

shall be eligible to election or appointment to office in such Proviso, hus- school district:

Provided, That where a husband and wife own property jointly, regardless of the name which appears upon the assessment roll, if otherwise qualified, each shall be eligible to election or appointment to school office.

band and wife.

Am. 1899, Act 184; 1909, Act 83.

To file acceptances.

(51) § 4670. Sec. 5. Within ten days after their election or appointment the several officers of each school district shall file with the director written acceptances of the office to which they have been respectively elected or appointed, accompanied by an affidavit, properly acknowledged, that they are qualified voters, that their name appears on the assessment roll, and that they are the owners in their own right of the property so assessed, and such acceptances and affidavits shall be entered in the records of the district by said director.

Am. 1903, Act 21.

(52) $ 4671. Sec. 6. The moderator, director, and treas. District board

when meetings urer shall constitute the district board. Meetings of the

of, may be board may be called by any member thereof by serving on the called. other members a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board shall be valid unless voted at a meeting of the board. A majority of the members of the board at a meeting Quorum thereof shall be necessary for the transaction of business.

of board.

Am. 1901, Act 165.

A teacher cannot be hired by two members of the board without the concurrence of the third and without convening any meeting of the board.Hazen v. Lerche, 47 / 626. A school teacher can be employed only by the action of a district board at a meeting of the board. Parol evidence is not admissible to show that the record of the meeting made by the director is not true.-Cowley v. Sch. Dist. No. 3, Harrisville, 130 / 634.

Board to

(53) § 4672. SEC. 7. The said district board shall pur.

purchase chase a record book and such other books, blanks and station- record ery as may be necessary to keep a record of the proceedings of

books, etc. the district meetings and of the meetings of the board, the accounts of the treasurer, and for doing the business of the district in an orderly manner.

Am. 1903, Act 49.

Officers having charge of school records are required to furnish proper facilities for the examination or copying of the same. See Act No. 76, P. A. 1903.

See School Dist v. Snell, 24 / 353.

(54) $ 4673. SEC. 8. The district board shall purchase Board to

purchase, etc., or lease, in the corporate name of the district, such sites for site, and build, schoolhouses as shall have been lawfully designated, and to schoolshall build, hire, or purchase such schoolhouses as may be necessary out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in Necessity of any case shall build a stone or brick schoolhouse upon any to site before site without having first obtained a title in fee to the same, schoolhouse. or a lease for ninety-nine years; nor shall any district build a frame schoolhouse on any site for which they have not ir title in fee or a lease for fifty years, without securing the privilege of removing the said schoolhouse when lawfully directed so to do by the qualified voters of the district at any annual or special meeting, when lawfully convened.

TITLE IN FEE: A lease to a school district “during the time it is used for school purposes” is a lease in perpetuity at the will of the lessee. Since the lessee is a corporation and words of inheritance are not required, the lease, if a present consideration is paid, operates as a bargain and sale and conveys a base or determinable fee. This is sufficient to satisfy the provisions of the school law.-Sch. Dist. v. Everett, 52 / 314.

LEASES: Schoolhouse on leased land belongs to district and may be removed within reasonable period.—Hayward v. Sch. Dist., 139 / 539.

vote money.

(55) $ 4674. SEC. 9. It shall be the duty of the district Duty of

board to board to estimate and vote the amount of money necessary to be raised in addition to other school funds for the entire support of the schools, for the purposes of teachers' wages,

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