Board to specify studies, etc. as in their discretion they may deem for the best interest of the schools. Am. 1901, Act 146. The board has the care and custody of all the property and moneys of the district, except what may be especially confided to the director.-Manard v. Woodward, 36/424; Eckhardt v. Darby, 118 / 199. (58.) § 4680. SEC. 15. The district board shall specify the studies to be pursued in the schools of the district [districts], and in addition to the branches in which instruction is now required by law to be given in the public schools of the State, instruction shall be given in physiology and hygiene, with a special reference to the nature of alcohol and narcotics, and their effects upon the human system. Such instruction shall be given by the aid of text books in the case of pupils who are able to read, and as thoroughly as in other studies pursued Kind of text in the same school. The text books to be used for such in books to be used. Textbooks, by whom approved, etc. Board to require the teacher to certify, etc. Punishment for neglect. struction shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this subject. Text books used in giving the foregoing instructions shall first be approved by the state board of education. Each school board making a selection of text books under the provisions of this act shall make a record thereof in their proceedings, and text books once adopted under the provisions of this act shall not be changed within five years, except by the consent of a majority of the qualified voters of the district present at an annual meeting, or at a special meeting called for that purpose. The district board shall require each teacher in the public schools of such district, before placing the school register in the hands of the directors [director], as provided in section thirteen of this act, to certify therein whether or not instruction has been given in the school or grade presided over by such teacher, as required by this act, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing to comply with any of the provisions of this act shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the state, including schools in cities or villages, whether incorporated under special charter or under the general laws. Western Pub. House v. Sch. Dist., 94 / 265. This section applies to city schools organized under a special charter which does not provide for an annual school meeting.-Jones v. Board of Ed. of Detroit, 88/373. The power to adopt text-books is conferred by law and cannot be affected by any rule of the board of education fixing a time for the reconsideration of motions and resolutions.-Id. 347. As to suspensions of by-law regulating adoption of text-book, see Kendall v. Board of Education, 106/ 681. TEXT BOOKS: The provision of the law that text-books once adopted shall not be changed within five years, was designed to protect the public and not for the benefit of book publishers. A resolution of the board directing the purchase of a specified number of text-books for use in the school constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the books were completely installed in the school. The provisions of the statute that all text-books shall be uniform in any one subject, requires uniformity in the books used in the same grade only, and does not require that all text-books used in the different grades on the same subject shall be of the same series. A resolution of the board to purchase certain text-books for "Supplementary use" shows no intention to adopt, and is illegal and void.-Att'y Gen'l. ex rel. Marr v. Bd. Edu. Detroit, 133/681. books for (59.) § 4681. SEC. 16. The district board may purchase Purchase of at the expense of the district, such text books as may be neces- poor children. sary for the use of children when parents are not able to furnish the same, and they shall include the amount of such purchase in the report to the township clerk or clerks, to be levied in like manner as other district taxes. establish (60.) § 4682. SEC. 17. The district board shall have the Board to general care of the school, and shall make and enforce suitable rules for rules and regulations for its government and management, and schools. for the preservation of the property of the district. Said board May suspend may authorize or order the suspension or expulsion from the or expe disorderly school, whenever in its judgment the interests of the school pupils. demand it, of any pupil guilty of gross misdemeanor or persistent disobedience. Any person who shall disturb any school Penalty for by rude and indecent behavior, or by profane or indecent dis- school. course, 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. EXPULSION: It is not necessary that a pupil be guilty of a criminal act before he can be suspended or expelled from school. He must be guilty of some wilful or malicious act of detriment to the school and the misconduct must be gross-something more than a petty or trivial offense against the rules or he must be persistent in his disobedience of the proper and reasonable rules and regulations of the school. A boy cannot be expelled or suspended for a careless act, no matter how negligent, if it is not wilful or malicious.-Holman v. Sch. Dist., 77 / 609. MISDEMEANOR: The meaning of the word "misdemeanor" in this section is gross misconduct or gross misbehavior, not necessarily a criminal act.Holman v. Sch. Dist., 77 / 606-7. George R. Matthews v. Board of Education of School District No. 1 of the City and Township of Kalamazoo. The ruling of the school board of 1894 required all children to be vaccinated before attending the public school. George Mathews, having three children of school age who had not been vaccinated, brought mandamus proceedings in the circuit court to compel the school board to admit the children to the public school. Case decided in the supreme court July 10, 1901. Decision: That school board under this section of the Compiled Laws had no authority to compel children to be vaccinated before entering public school. It is the opinion of the court, however, that in case there had been an epidemic of smallpox in the city at that time the board would have the authority to temporarily close the school, or say who shall be excluded from the school until the epidemic is passed. A school district board, by virtue of the authority conferred on it by statute to enact rules for the management of the schools, has no power to adopt a general, continuing rule, operative without regard to varying conditions, excluding from the schools all pupils who have not been vaccinated.-Mathews v. Kalamazoo Board of Education, 127 / 530. RULES: A board of education under authority of the statute has power to make rules requiring children to go directly home after school. A principal is not liable for damages who enforces such a rule.-Jones v. Cody, 132 / 13. disturbing tend school. (61.) § 4683. SEC. 18. All persons residents of any who can atschool district, and five years of age, shall have an equal right to attend any school therein; and no separate school or depart- No separate ment shall be kept for any persons on account of race or color: account of Provided, That this shall not be construed to prevent the race, etc. school on Grading not prevented. District boards may admit non resident pupils. Children who are a county charge to be admitted Duties. To preside. Countersign orders, etc. When to bring suit on treasurer's bond. grading of schools according to the intellectual progress of the pupil, to be taught in separate places as may be deemed expedient. It is the requirement of the general law that the right to attend the 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. (62.) § 4684. SEC. 19. The district board may admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same, which 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 county expense shall be admitted to the school in the district 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, (63.) § 4685. SEC. 20. It shall be the duty of the moderator of each school district: First, To preside, when present, at all meetings of the district and of the board; Second, To countersign all orders legally drawn by the director upon the treasurer for moneys to be disbursed by the 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 the district on the treasurer's bond, in case of any breach of 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 upen 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. DIRECTOR. (64.) § 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 Director to be district and of the board; clerk. record Second, To record the proceedings of all district meetings, To keep and and the minutes of all meetings, orders, resolutions, and other minutes. proceedings of the board, in proper record books; of meetings. Third, To give the prescribed notice of the annual district To give notice meeting, and of all such special meetings as he shall be required to give notice of in accordance with the provisions of law; sign warrants Fourth, To draw and sign warrants upon the township treas- To draw and urer for all moneys raised for district purposes, or apportioned and orders. 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 from which, it is drawn; sign contracts. Fifth, To draw and sign all contracts with teachers, when To draw and directed by the district board, and present them to the other members of the board for further signature; appendages schoolhouse Sixth, To provide the necessary appendages for the school- To provide house and keep the same in good condition and repair during and keep the time school shall be taught therein. Necessary append- in repair. ages within the meaning of 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; Seventh, To keep an accurate account of all expenses in- To keep curred 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 To present the expenses necessary to be incurred during the ensuing year expenses by the director as provided by law, and for the payment of the meeting. services of any district officer; account. estimate of to annual records and ments. Ninth, To preserve and file copies of all reports made to the To preserve school inspectors, and safely preserve and keep all books, pa- other docupers 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. Am. 1901, Act 165. School board to make 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; Scvh. 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 43, 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. (65.) § 4687. SEC. 22. It shall be the duty of all school annual census. boards and boards of education in this State to make an annual school census in their respective districts or cities as is provided in this section: When taken. enumeration. List verified by oath. First, In all school districts, except in incorporated cities having a population of three thousand or over, within fifteen days next previous to the first Monday in June of each year, Who to make the director, or such other reputable and capable person or persons as the district board may appoint, shall take the Data required. school census of the district and make a list in writing of 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 affirmation of the person taking such census, by affidavit appended 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 be returned with the annual report of the director to the township clerk before the first Monday in August thereafter. Compensation. The director, or other person employed by the board of education, may receive as compensation for taking said census, such sum as the school board may direct, not exceeding one hundred dollars. When returned. In cities, who Second, In all incorporated cities or special legislative district having a population of three thousand or over, within 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 |