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intendent.

(4640) SEC. 2. He may appoint a deputy superintendent of Deputy superpublic instruction and revoke such appointment in his discre. tion, and such deputy shall take the constitutional oath of office, which, with his appointment, shall be filed with the secretary of state. Said deputy may execute the duties of the of- Duties of. fice in case of a vacancy or the absence of the superintendent.

How. 5027.

etc.

(4641) SEC. 3. The superintendent of public instruction School laws to shall compile and cause to be printed all general laws relating and published to schools, together with all necessary forms, regulations, and with forms, instructions for conducting all proceedings under said laws, or relative to the organization and government of the schools, including rules and regulations for the management of township and district libraries, and he shall transmit the same to the several officers intrusted with the care and management of said schools.

How. 5028.

(4642) SEC. 4. He shall semi-annually, on receiving notice from the auditor general of the amounts thereof, and between the first and tenth days of May and November, apportion the Apportionment primary school interest fund among the several townships and school fund, cities of the state, in proportion to the number of children in etc. each between the ages of five and twenty years, as the same shall appear by the reports of the several boards of school inspectors made to him for the school year closing prior to the May apportionment and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the auditor general, who shall thereupon draw his warrant upon the state treasurer in favor of the treas- Warrant in urer of each county for the amount payable to each county. He county treasshall also send written notices to the clerks of the several counties of the amount in the aggregate to be disbursed in Notice to coun their respective counties, and the amount payable to the town- amount to be ships and cities therein respectively. How. 5029.-Am. 1885, p. 282; App. June 17, Act 202. Moiles v. Watson, 60 / 417.

urer for.

disbursed.

(4643) SEC. 5. Whenever the returns from any county, Proceedings in township, city, or district, upon which a statement of the ive returns. amount to be disbursed or paid to any such county, township, city, or district shall be so far defective as to render it impracticable to ascertain the share of primary school interest fund which ought to be disbursed or paid to such county, township, city, or district, he shall ascertain by the best evidence in his power the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.

How. 5030.

When deficency may be apportioned

(4644) Sec. 6. Whenever any county, township, city, or dis

trict, through failure or error in making the proper report, the next year. shall fail to receive its share of the primary school interest

fund, the superintendent of public instruction, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said superintendent that any district has had three months' school, but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school interest fund in his discretion.

How. 5031. Moiles v. Watson, 60 / 417.

Other duties of superintendent.

(4645) Sec. 7. The superintendent of public instruction shall perform such other duties as are or shall be required of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office.

How. 5032.

CHAPTER 11-FORMATION, ALTERATION, MEETINGS, AND POWERS

OF DISTRICTS.

Inspectors to form districts.

May alter boundaries of.

(4646) SECTION 1. The township board of school inspectors shall divide the township into such number of school districts as may from time to time be necessary, which districts they shall number, and they may regulate and alter the boundaries of the same as circumstances shall render proper, subject to the provisions hereinafter made; but no district shall contain more than nine sections of land, and each district shall be composed of contiguous territory, and be in as compact a form as may be.

How. 5033.

On the subject of primary schools, see R. L. 1827, p. 448; R. L. 1833, p. 129; laws of 1835, p. 114; 1836, p. 49; 1837, p. 116; 1838, p. 4; R. S.' '38, ch. 3, title 11 laws of 1839, p. 199; 1840, p. 205; 1841, pp. 9, 80; 1843, p. 88; 1845, p. 96; 1846, p. 211; R. S. '46, ch. 58; C. L. '57, ch. 78; v: L. '71, ch. 136.

PRIMARY SCHOOL SYSTEM: The whole primary school system was confided by the constitution to the legislature and it cannot be said that the officers of school districts, chosen pursuant to the system adopted by the legislature, are constitutional officers.-Belles v. Burr, 76 / 11. The constitution of 1850 left to the legislature, as did the preceding constitution, the establishment of a system of primary schools, restricting the legislature only by providing that a school shall be kept, without charge for tuition, at least three months in each year, and that all instruction shall be conducted in the English language. All other matters seem to be within the discretion of the legislature.-Perrizo v. Kesler, 93 / 283; People v. Howlett, 94 / 168; Pingree v. Board of Education, 99 / 408. Our primary school system is the pride of the state.--People v. Howlett, 94 / 169.

FORMATION OF DISTRICTS: The township board of school inspectors is authorized to divide the township into such number of school districts as they may consider necessary from time to time, and may regulate and alter the boundaries of the same as circumstances shall render proper, subject to certain restrictions.-Doxey v. Sch. Inspectors, 67 / 603; Brody v. Penn. Twp. Board, 32 / 273; Sch. Dist. v. Sch. Dist., 81 / 343; Simpkins v. Ward, 45 / 561. See Briggs v. Borden, 71 / 89-90. They may dissolve a school district and annex it to another.-People v. Davidson, 2 Doug. 121; Brewer v. Palmer, 13 / 107. When two districts are annexed without any other change in their boundaries, the mere fact that one number is preferred to another does not change the real character of the annexation.-Brewer v. Palmer, 13 / 109. When one district is annexed to another, its corporate existence ceases and it cannot be sued for debts; the new district must be held responsible for them.-Id. But when a district is parceled out among several other districts, the latter cannot be held jointly liable for the debts of the former; whatever they are bound to pay is a several and not a joint obligation.-Halbert v. Sch. Dists., 36 / 421. But the inspectors cannot change a district formed by special act of the legislature.-Sch. Dist. v. Dean, 17 /223. The organization of a new township severs its territory from the school district within which it was formerly embraced.--People v. Ryan, 19 / 203. See Section 4654.

INTEREST OF INSPECTORS: Where the interest of the inspectors in the formation of a school district is no greater than that of other taxpayers and residents, they are not disqualified from acting.-Clement v. Everest, 29 / 19. The interest which disqualifies.-Stockwell v. White Lake Twp. Board, 22 / 341; Peninsular Ry. Co. v. Howard, 20 / 18.

NINE SECTIONS: The policy of limiting school districts to nine sections of land has been a uniform one.-Simpkins v. Ward, 45 /_561. This means an acreage equal to nine full sections.-People v. Gartland, 75 / 143. As to graded school districts, see Section 4749.

QUESTIONING REGULARITY: The regularity of the proceedings for the formation of a district and the existence of it cannot be questioned collaterally, but only in direct proceedings.--Clement v. Everest, 29 / 19. See Sch. Dist. v. Inspectors, 27 / 3; Stuart v. Sch. Dist., 30 / 69; Lord v. Every, 38 / 405; Bird v. Perkins, 33 / 30; Stockle v. Silsbee, 41 / 621; Keweenaw Ass'n v. Sch. Dist., 98 / 437. The legality of the organization and existence of the district cannot be tested by certiorari.–Jaquith v. Hale, 31 / 430. Certiorari to review the proceedings in organizing a district will not lie after the district is actually organized and has assumed the functions of a corporation; its corporate existence_must then be tested by quo warranto.-Sch. Dist. V. Inspectors, 27 / 3; People v. Gartland, 75 / 143. But there should be some special and extraordinary reason to justify intereference by quo warranto with the organization of a school district, as the statutes provide a speedier remedy by an appeal from the district board to the township board.-Lord v. Every, 38 / 405. And the supreme court will not meddle with the concerns of school districts, on mandamus, except on things of substance.-Sch. Dist. v. Riverside Twp., 67 / 406.

.

(4647) SEC. 2. Whenever the board of school inspectors of any township shall form a school district therein, it shall be the duty of the clerk of such board to deliver to a taxable in- Township clerk habitant of such district a notice in writing of the formation to delivere of such district, describing its boundaries, and specifying the mation to intime and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. The said notice shall also direct such inhabitant to Inhabitants to notify every qualified voter of such district, either personally first meeting. or by leaving a written notice at his place of residence, of the time and place of said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly, and said inhabitant, when he shall have notified the qualified voters as required in such notice, shall endorse thereon a re- Return of turn, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting, to be by him delivered to the director chosen at such meeting, and by said director recorded at length as a part of Notice and the records of such district.

notice.

return to be recorded.

How. 5034.

NOTICE: The board of school inspectors may under one notice, at one meeting, by separate action, detach lands from separate school districts and attach them to one district.–Doxey v. School Inspectors, 67 / 601. Irregularity in notice.-Parman v. Inspectors, 49 / 63. See Roeser v. Gartland, 75 / 144.

RECORDS: Importance of.-Sch. Dist. v. Snell, 24 / 352.

(4648) SEC. 3. In case the inhabitants of any district shall Proceedings in fail to organize the same in pursuance of such notice as afore- to organize said, the said clerk shall give a new notice in the manner here- district.

inbefore provided, and the same proceedings shall be had
thereon as if no previous notice had been delivered.
How. 5035.

Formation of fractional districts.

(4649) SEC. 4. Whenever it shall be necessary or convenient to form a district from two or more adjoining townships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a fractional district, and direct which township clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may render necessary in the same manner that other districts are altered. The annual reports of the director of such district shall be made to the inspectors of the township in which the school-house may be situated, and the inspectors of such township shall number said district.

To whom director of such district shall report.

How. 5036.
Saginaw Twp. v. Sch. Dist., 9 / 544; Brewer v. Palmer, 13 / 109.

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When district (4650) SEC. 5. Every such school district shall be deemed deemed organ- duly organized when any two of the officers elected at the first

meeting shall have filed their acceptances in writing with the director, and the same shall have been recorded in the minutes

of such first meeting. Every school district shall, in all cases, Presumption of legal organ

be presumed to have been legally organized when it shall have ization. exercised the franchises and privileges of a district for the

term of two years; and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law.

How. 5037. PRESUMPTION OF LEGAL ORGANIZATION: When a district has exercised the frachises and privileges of a school district for over two years, it is too late to ion the legality of its ganiz ion.-Sch. Dist. v. Sch. Dist., 63 / 56; Sch. Dist. v. Sch. Dist., 81 / 343. The same rule which recognizes the right of officers de facto recognizes corporations de facto.-Clement v.

Everest, 29 / 23. In public affairs, when the people have organized themOrganization of selves under color of law into the ordinary municipal bodies, and have gone districts.

on year after year raising taxes, making improvements and exercising their usual franchises, their rights are properly regarded as depending quite as much on the acquiescence as on the regularity of their origin, and no ex post facto inquiry can be permitted to undo their corporate existence.People v. Maynard, 15 / 470. As to questioning the regularity of organization, etc., see note to Section 4616.

Director's record of first meeting to be evidence.

(4651) SEC. 6. The record of the first meeting made by the directors shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the school inspectors, as evidence.

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School district to be body cor porate.

(4652) Sec. 7. Every school district organized in pursuance of this chapter, or which has been organized and continued under any previous law of the state or territory of Michigan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style Name and of "school district number

style.

(such number as shall be designated in the formation thereof by the inspectors), of" (the name of the township or townships in which the district is situated), and in that name shall be capable of suing and Powers of. being sued, of contracting and being contracted with, and of holding such real and personal estate as is authorized to be purchased by the provisions of law, and of selling the same. How. 5039.

CORPORATE POWERS: The school district, under our statutes, is a corporation, and, as such corporation, is represented by three officers: a moderator, director and assessor. The affairs of the district are managed and controlled by them, under certain restrictions.-Sch. Dist. v. Sch. Dist., 63 / 57. A school district can take and hold bequests of money for the maintenance of a public library for the use and benefit of the residents of the district.Maynard v. Woodard, 36 / 423. School districts, like townships and counties, are subdivisions of the state. This section gives them the capacity to sue and be sued.-Van Wert v. Sch. Dist., 100 / 333. School districts are municipal corporations.-Seeley v. Board of Ed., 39 / 486; Sch. Dist. v. Gage, 39 / 484; Belles v. Burr, 76 / 1. And cannot be garnisheed even by its own consent, unless the debtor also consents.-Id. They preceded the constitution (Stuart v. Sch. Dist., 30 / 69.), and were recognized by that instrument. -Belles v. Burr, 76 / 11.

ALTERATION OF DISTRICTS.

boundaries of

(4653) SEC. 8. Whenever the board of school inspectors Alterations of shall contemplate an alteration of the boundaries of a dis

districts by trict, the township clerk (and for meetings of boards to act inspectors. in relation to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of the inspectors, and the alteration proposed, by posting such notice in three public places in the township or townships, one of which notices shall be in each of the districts that may be affected by such alteration. Whenever the boards of school inspectors of more than one township meet, they shall elect one of their number chairman, and another clerk thereof.

How. 5040.-Am. 1883, p. 77; App. May 10; Act 82. NOTICE: The notice required is jurisdictional and indispensable.-Coulter v. Inspectors, 59 / 391; Sch. Dist. v. Inspectors, 63 / 611; Gentle v. Inspectors, 73 /_40; Graves v. Inspectors, 102 / 635; Passage v. Inspectors, 19 / 330; Andress v. Inspectors, 19 / 332. Proof of the posting of such notice should be filed Alteration of with the clerk of the board, before any action is taken.-Coulter v. Inspect- district. ors, 59 / 391; Sch. Dist. v. Inspectors, 63 / 611; Graves v. Inspectors, 102 635. Where notice is not given the filing of the consent of a majority of the resident taxpayers of the districts affected will not validate the action.Gentle v. Inspectors, 73 / 40. Notices must be posted in each township affected by the alteration.-Sch. Dist. v. Metcalf, 93 / 499. The object of the notice is to enable parties interested to be heard before any action is taken.Gentle v. Inspectors, 73 / 45; Sch. Dist. v. Metcalf, 93 / 499. As to the provision in the former law, see Sch. Dist. v. Sch. Dist., 63 / 51.

FRACTIONAL DISTRICT: The action of the joint boards is required in case of fractional districts.-Sch. Dist. v. Sch. Dist., 81 / 343.

to

(4654) SEC. 9. The inspectors may, in their discretion, de- Powers of tach the property of any person or persons from one district alter districts. and attach it to another; except that no land which has been taxed for building a school-house shall be set off into another school district for the period of three years thereafter, except by the consent of the owner thereof; and no district shall be

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