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CHAPTER V.

COUNTY CLERK AND TREASURER.

to examine reports, etc.

ment of

(92.) § 4714. SECTION 1. It shall be the duty of each county clerk

to receive and county clerk to receive all such communications, blanks, and dispose of documents as may be directed to him by the Superintendent commercicaof Public Instruction, and dispose of the same in the manner directed by said superintendent.

(93.) § 4715. Sec. 2. The clerk of each county shall, on County clerk receiving from the secretary of the county board of school examiners the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice from Notice of

apportionthe Superintendent of Public Instruction of the amount of moneys apportioned to the several townships in his county he shall file the same in his office, and forthwith deliver a copy thereof to the county treasurer.

(94.) § 4716. SEC. 3. The several county treasurers County treasshall apply for and receive such moneys as shall have been ap- for moneys portioned to their respective counties, when the same shall be appropriated. come due; and each of said treasurers shall immediately give to notify notice to the treasurer and clerk of each township in his torkshop county, of the amount of school moneys apportioned to his amounts. township, and shall hold the same subject to the order of the township treasurer.

CHAPTER VI.

BONDED INDEBTEDNESS OF DISTRICTS.

(95.) § 4717. SECTION 1. Any school district may, by a When district two-thirds vote of the qualified electors of said district present bondissue at an annual meeting, or at a special meeting called for that purpose, borrow money, and may issue bonds of the district therefor, to pay for a school-house site or sites, and to erect and furnish school buildings. The district board, or board of education, shall estimate the amount of money necessary to be raised and shall state their estimate in the notices of the annual or special meeting, at which the question of borrowing money and issuing bonds shall be submitted to the people; and at said meeting the voters shall have power to ratify by the vote aforesaid the estimate of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Provided, That Provise, as to no school district shall issue bonds for an amount greater than five per cent of the total assessed valuation of said district,

amount.

board of

and in districts having one hundred or more children in the school census the bonded indebtedness shall not exceed seventy-five dollars per capita of such census, nor shall the bond

ed indebtedness of a district extend beyond the period of fifteen Proviso, as to years for money borrowed: Provided further, That in all proinspectors.

ceedings under this section, the district board and one person selected by the qualified voters present at said meeting shall constitute a board of inspectors, who shall cause a poll list to be kept and a suitable ballot-box to be used, and the polls shall be kept open at least two hours. The votes shall be by ballot, either printed or written, or partly printed and partly written, and the canvass of the same shall be conducted in the same manner as at township elections, or as far as the laws governing the same are applicable, and when said laws are not applicable the board of inspectors shall prescribe the manner in which the canvass shall be conducted.

Canvass of votes, etc.

Am. 1899. Act 190 : 1901, Act 165 ; 1905, Act 270.

TWO-THIRDS VOTE: A corporate act, which can be taken only by a twothirds vote, cannot be rescinded by a bare majority.-Stockdale v. Sch. Dist., 47 / 226.

BONDS: A vote to issue school-district bonds in settlement of a demand, if in excess of the limit fixed by law, may be sustained up to the legal limit.--Stockdale v. Sch. Dist., 47 / 226. The purchaser of a school district bond has a right to rely upon all facts asserted or appearing upon the face of the bonds, made by any person or body authorized by law to pass upon and determine the facts.-Gibbs v. Sch. Dist., 88 / 336. Detaching a portion of a

district and organizing it into or with another township.--People v. Ryan, 19 / 203.

Issuing bonds for money borrowed.

(96.) § 4718. Sec. 2. Whenever any school district shall have voted to borrow any sum of money, the district board of such district is hereby authorized to issue the bonds of such district, in such form, and executed in such manner by the moderator and director of such district, and in such sums, not less than fifty dollars, as such district board shall direct, and with such rate of interest, not exceeding eight per centum per annum, and payable at such time or times as the said district shall have directed.

Interest thereon.

The statute limits the authority of the board, in issuing bonds, to such as are authorized by the district; and, before the board can act, it has a function to perform in its nature somewhat judicial. It must pass upon the question whether the proceedings in voting the bonds are such as will authorize the board to issue them. A purchaser of the bonds, therefor, need look no further back than the face of the bonds for the facts which show a compliance with the law.-Gibbs v. Sch. Dist., 88 / 337.

Voters may raise tax to

(97.) § 4719. SEC. 3.

Sec. 3. Whenever any money shall have redeem bonds. been borrowed by any school district, the taxable inhabitants

of such district are hereby authorized, at any regular meeting of such district, to impose a tax on the taxable property in such district, for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be

levied and collected as other school district taxes are collected. District may (98.) § 4720. SEC. 4. Any school district, whenever it to pay bonds shall appear that the same can be done on terms advantageous further bonds.

to said district, may borrow money to pay any bonded indebtedness of said district then existing, and issue further bonds

borrow money

and issue

of said district therefor: Provided, That a majority of the Proviso.
qualified voters of said district shall so determine, at an an-
nual or special meeting called for that purpose; and that the
notice of such meeting, whether annual or special, shall state
the intention to take such vote.

CHAPTER VII.

SUITS AND JUDGMENTS AGAINST DISTRICTS.

(99.) - § 4721. SECTION 1. Justices of the peace shall Justices have jurisdiction in all cases of assumpsit, debt, covenant, and jurisdiction in trespass on the case against school districts, when the amount certain cases. claimed, or matter in controversy shall not exceed one hundred dollars; and the parties shall have the same right of appeal as in other cases.

As to corporate powers, etc., see note to Section 30. Liability for debts after changes made in districts.- See Sections 35-36 and notes. one district against another for money had and received.-Sch. Dist. v. Sch. Dist., 40 / 551.

Action of

(100.) § 4722. SEC. 2. When any suit shall be brought Suit against against a school district, it shall be commenced by summons, commenced. a copy of which shall be left with the treasurer of the district at least eight days before the return day thereof.

Am. 1901, Act 165.

district.

(101.) $ 4723. SEC. 3. No execution shall issue on any No execution judgment against a school district, nor shall any suit be against brought thereon, but the same shall be collected in the manner prescribed in this act. (102.) § 4724. SEC. 4. Whenever any final judgment Duty of treas

urer relative shall be obtained against a school district, if the same shall to judgnot be removed to any other court, the treasurer of the district ments. shall certify to the supervisor of the township and to the director of the district the date and amount of such judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the treasurer shall certify the same as aforesaid, immediately after the final determination thereof against the district.

Am. 1901, Act 165 ; 1903, Act 49.

(103.) S. 4725. Sec. 5. If the treasurer shall fail to cer- When treastify the judgment as required in the preceding section, it shall uterif fails to be lawful for the party obtaining the same, his executors, ad- party may ministrators, or assigns, to file with the supervisor the certificate of the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the treasurer.

Am. 1901, Act 165,

fractional

How judg. (104.) § 4726. Sec. 6. If the district against whom any mentse certified such judgment shall be rendered is situated in part in two or

more townships, a certificate thereof shall be delivered as district.

aforesaid to the supervisor of each township in which such

district is in part situated. Supervisors (105.) § 4727. Sec. 7. The supervisor or supervisors re

ceiving either of the certificates of a judgment as aforesaid judgment.

shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable property of the

district, placing the same on the next township assessment How collected roll in the column for school taxes; and the same proceedings and returned.

shall be had, and the same shall be collected and returned in the same manner as other district taxes.

to assess amount of

CHAPTER VIII.

SITES FOR SCHOOLHOUSES.

Sites for

(106.) § 4728. SECTION 1. The qualified voters of any school houses, how desig

school district, when lawfully assembled may designate by a nated, etc

vote of two-thirds of those present, such number of sites as may be desired for schoolhouses and may change the same by

similar vote at any annual or special meeting, or by the same Notice of vote may enlarge any existing site. Whenever the question of meeting.

designating a school site or of changing a school site is to be

brought before the school meeting, the notice of said meeting When inspect- shall state the intention to vote upon such question. When no

site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which the district is situated, upon notification by the district board that the district is unable to fix a site, shall determine where such site shall be, and their determination shall be certified to the director of the district and shall be final, subject to alteration afterwards by the inspectors, on the written request of twothirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site at a district meeting lawfully called.

ors may fix site.

Am. 1903, Act 182 ; 1905, Act 75.

NO SITE ESTABLISHED: It is only when the inhabitants cannot agree in establishing any site at all, that the inspectors are allowed to fix one.Andress V. Inspectors, 19 / 332.

TWO-THIRDS VOTE: See note to Comp. Sec. 95.

Proceedings in case of

(107.) S 4729. Sec. 2. Whenever a site for a schooldisagreement house shall be designated, determined, established or enlarged, Some for peite, in any manner provided by law, in any school district, and

such district shall be unable to agree with the owner or owners of such site upon the compensation to be paid therefor, or for the land to enlarge the same, or in case such district shall, by

reason of any imperfection in the title to said site, or land to
be added thereto, arising either from break in the chain of
title, tax sale, mortgages, levies, or any other cause, be unable
to procure a perfect, unincumbered title in fee simple to said
site, or land for the enlargement thereof, the district board of
such district shall authorize one or more of its members to ap-
ply to the circuit judge, if there be one in the county, or to a
circuit court commissioner of the county, or to any justice of
the peace of the city or township in which such school district
shall be situated, for a jury to ascertain and determine the
just compensation to be made for the real estate required by
such school district for such site, or for the enlargement
thereof, and the necessity for using the same, which applica-
tion shall be in writing, and shall describe the real estate re-
quired by such district as accurately as is required in a con-
veyance of real estate: Provided, That whenever any school Proviso.
district shall have designated, selected or established in any
manner provided by law, a schoolhouse site, or land for the
enlargement thereof, such selection, designation or establish-
ment shall be prima facie evidence to said jury of the necessity
to use the site so established.

Am. 1903, Act 182.

CONDEMNATION: The jurisdiction to condemn lands for a school-house site is invoked by presenting to the proper officer a petition designating the site and showing disagreement with the owner as to compensation for it.-Smith v. Sch. Dist., 40 / 145. Proceedings to condemn land for a schoolhouse site will be quashed if there is no lawful designation thereof shown by the records.—Heck v. Sch. Dist., 49 / 551. For the constitutional questions involved in the taking of private property for public use, see Const. xv, 9. 15; xviii, 2, 14.

(108.) § 4730. SEC. 3. It shall be the duty of such When jury to circuit judge, circuit court commissioner, or justice of the be summoned. peace, upon such application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such summons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, and the necessity for using the same, and to notify the owner or occupant Owner to be of such real estate, if he can be found in the county, of the notified. time when and the place where such jury is summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten days before the time specified in such summons or venire for the jury to appear as hereinbefore mentioned.

Am. 1903, Act 182.

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