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children not

board of education, shall take the school census of such city
as folows:
(a) The census shall be taken and reported by wards.

Taken by (b) Each enumerator shall make a list in writing of the Data required. 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 Public Instruction may prescribe, and it shall be verified by List verified. 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 stfeet 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.

Third, In taking the census in any school district or city, Certain the director or enumerators shall not include in the census included. the names of any child or children in reformatories or pris. ons; 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 Exceptions. 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 Legal

residence. city or district, and in such cases the legal residence of the child is that of the parent. Indian children shall not be in- Indian cluded 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 Domestics. 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 Cities, when or over, the secretary of the board of education and the sev- piled. eral 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 Affidavit of

secretary. 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 there- When transafter, transmit to the Superintendent of Public Instruction Supt. Public the entire census, together with his affidavit and the affidavits Inst. 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. 190%, Art 218; 1905, Art 36.



Penalty for giving false information for school census.

(66.) § 4688. SEC. 22a. Any person who shall refuse to give any census enumerator of school children the necessary information for the compiling of a correct census or who shall 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.

Report to (67.) § 4689. Sec. 23. The director shall also, at the school inspec end of the school year, and previous to the first Monday in contain.

August in each year, deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the township, showing:

First, The whole number of children belonging to the district 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.

Where director of fractional district to report.

(68.) § 4690. SEC. 24. The director of each fractional district shall make his annual report to the clerk of the township in which the schoolhouse is situated, and shall also report to the clerk of each township in which the district is in

part situated, the number of children between the ages of five and twenty years in that part of the district lying in such township.


(69.) § 4691. SEC. 25. It shall be the duty of the treasurer of each school district:

First, To execute to the district and file with the director To give bond. within ten days after his election or appointment, a bond in double the amount of money to come into his hands as such treasurer during his term of office, as near as the same can be ascertained, with two sufficient sureties, who shall be residents of the same county, and each of whom shall be required to justify under affidavit, to the amount of said bond unless the treasurer shall furnish a bond of some surety company authorized to do business in this State, to be approved by the How moderator and director, conditioned for the faithful applica

approved. tion of all moneys that shall come into his hands by virtue of his office, and to perform all the duties of his said office as required by the provisions of this act. Said bond shall be filed where filed. with the director, and none of the books or money of the district shall be placed in the hands of the treasurer until his bond has been filed, and in case of any breach of the condition when suit thereof, the moderator shall cause a suit to be commenced may bet

brought on. thereon in the name of the district, and any moneys collected thereon shall be paid into the township treasury, subject to the order of the district officers, and shall be applied to the same purposes as the moneys lost should have been applied by the treasurer;

Second, To pay all orders of the director, when lawfully To pay orders. drawn and countersigned by the moderator, out of any moneys in his hands belonging to the fund upon which such orders may be drawn;

Third, To keep a book in which all the moneys received and to keep disbursed shall be entered, the sources from which the same have been received, and the persons to whom and the objects for which the same have been paid;

Fourth, To present to the district board at the close of the To make school year a report in writing, containing a statement of all annual report. moneys received during the preceding year, and of each item of disbursements made, and exhibit the voucher therefor;

Fifth, To appear for and on behalf of the district in all To appear suits brought by or against the same, when no other direc- in suits. tions shall be given by the qualified voters in district meeting, except in suits in which he is interested adversely to the district, and in all such cases, the moderator shall appear for such district, if no other direction be given, as aforesaid; Sixth, At the close of his term of office to settle with the To deliver

books, etc., to district board, and deliver to his successor in office all books, Successor, vouchers, orders, documents and papers belonging to the


office of treasurer, together with all district moneys remaining on hand;

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

Am. 1901, Acts 62, 165 ; 1903, Acts 21, 49.

FIRST: An assessor cannot lawfully withhold the district funds in his hand when demanded by his successor, upon a claim that he is entitled to be personally notified of such election and acceptance of office. He is chargeable with notice of such facts and is liable to an action for money had and received as well as action on his · bond.---Mason v. Sch. Dist., 34 / 228. See Welch v. Frost, 1 / 30; also, Bryant v. Moore, 50 / 225.

SECOND: See Section 63, subd. 2. and Section 64. subd. 4. and notes. The assessor is the disbursing officer of the district.-Sch. Dist. V. Mallary, 23 / 111. He is the lawful treasurer and depositary of school district funds and all moneys must pass through his hands and be paid out by him on proper orders.-Sch. Dist. V. Sch. Dist., 40 / 551. Moneys in the hands of the township treasurer belonging to a school district cannot be applied to any district purpose, except through the hands of the assessor. -Burns V. Bender, 36 / 198. An assessor cannot pay out any money lawfully without a warrant. Id. Interest is not payable on school district orders if no authority has been given to impose it. --Turnbull v. Sch. Dist., 45 / 496. But interest may be allowed from demand when mandamus is granted for payment, when its claim is such a settled demand as would sustain a re covery of interest at law.-Martin v. Tripp, 51 / 184. Mandamus lies to compel a district to nayor provide for the payment of its orders.—Turnbull v. Sch. Dist., 45 / 496. And to compel an assessor to pay a school order. where the court is satisfied that there is no valid defense. - Martin v. Trinn, 51 / 184. A showing of a want of funds is a complete answer to an annlication for mandamus to require an assessor to pay a warrant drawn on him.--Allen v. Frink. 32 / 96.

FIFTI: The management and control of suits is specially confided to the assessor, when no other direction is given in district meeting; the moderator and director, though constituting a majority of the district board, have no authority to take the defense of a suit from the assessor. And the voters, as such, cannot interfere.----Sch. Dist. v. Wing, 30 / 351. See Benalleck v. People, 31 / 204. An appeal taken in the name of the district without the authority of the assessor, if he is competent to act, is void.-Id. Whether he is a proper relator for mandamus to compel the moderator to sign the director's warrants, see Burns v. Bender, 36 / 197.

SIXTH : Deposits in a Bank : Where money belonging to a board of education or a school district is deposited in a bank with the knowledge of the board and the district receives interest thereon, the district does not become a preferred creditor upon failure of bank.-Bd. of Ed. City of Detroit v. Union Trust Co. N. W. Rep., 99 / 373.



Township (70.) § 4692. SECTION 1. The school inspectors of each board school inspectors.

township, together with the township clerk, shall constitute Meeting and the township board of school inspectors. Said board shall organization of.

meet at the office of the township clerk within twenty days after the first Monday of April in each year, and elect one of their number other than the township clerk chairman of said board, and the township clerk shall be the clerk thereof.

(71.) § 4693. Sec. 2. The chairman of said board shall

be the treasurer thereof, and shall give bond to the township To giye bɔnd. in double the amount of moneys to come into his hands during

his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by the township clerk, conditioned for the faithful appropriation of all moneys that

Chairman of board to be treasurer.

may come into his hands by virtue of his office. Said bond Bond to be

filed. shall be filed with the township clerk, and in case of the nonfulfillment thereof, said clerk shall cause a suit to be com- When suit to

be brought menced thereon, and the moneys collected in such suit shall be paid into the township treasury, and shall be applied to the same purposes as the moneys lost should

ve been applied by said treasurer of the board of school inspectors.


The treasurer of the board of school inspectors, and not the township treasurer, is the proper custodian of the township library money; and the latter officer, on proper demand, is bound to pay it over to the former and is not entitled to hold it until drawn by the inspectors as needed for specific appropriations. Mandamus will lie to enforce the performance of this duty.- MCPharlin v. Mahoney, 30 / 100. See Burns v. Bender, 36 / 195.


(72.) § 4694. Sec. 3. On the first Monday in August in Inspectors each year the inspectors shall make triplicate reports setting in triplicate, forth the whole number of districts in their townships, the what ito amount of money raised and received for township and district libraries, and such other items as shall from year to year be required by the Superintendent of Public Instruction, together with the several particulars set forth in the reports of the several directors for the preceding year; and the township Township clerk shall, within ten days thereafter, forward two copies clerk, to of the same, together with a copy of each of the school di- copies. rectors' reports, to the county commissioner of schools, and file the other copy in his office: Provided, That in township Proviso, as to districts where the board of education is by law made a board of school inspectors, said board shall meet on said first Monday in August and make the same reports to the Superintendent of Public Instruction, as are required of school inspectors in this section.

forward two

board of education.

Am. 1905, Act 36.

(73.) § 4695. SEC. 4. It shall be the duty of the school Inspectors to inspectors, before making their annual report, as required by of qualified the preceding section, to examine the list of legally qualified teachers. teachers on file in the office of the township clerk, and if in any school district a school shall not have been taught for the time required by law during the preceding school year by a legally qualified teacher, no part of the public money shall be distributed to such district, although the report from such dis- To report

districts not trict shall set forth that a school has been so taught; and it

employing shall be the duty of the board to certify to the facts in rela- such. tion to any such district in their annual report.

(74.) § 4696. SEC. 5. It shall be the duty of the board of Inspectors to inspectors to render to the township board, on the Tuesday count to next preceding the annual township meeting, a full and true board! account of all moneys received and disbursed by them as such inspectors during the year, which account shall be settled by said township board, and such disbursements allowed, if the proper vouchers are presented.

(75.) § 4697. SEC. 6. The whole number of meetings of Number of the township board of school inspectors at the expense of the inspectors.

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