Page images

Eighth, To authorize and direct the sale of any school-house, Direct sale of

schoolhouses or site, building or other property belonging to the district, when Site. the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions as Give direction

in relation to they shall deem necessary in relation to the prosecution or suit. defense of any suit or proceeding in which the district may be a party, or interested;

Tenth, To appoint, as in their discretion it may be neces- Appoint buildsary, a building committee to perform such duties in supervising committee. ing the work of building a school-house as they may by vote direct;

Eleventh, At the first and the annual meeting only, to de. Determine the termine the length of time a school shall be taught in their shall be taught. district during the ensuing year, which shall not be less than nine months in districts having eight hundred children over five and under twenty years of age, and not less than five months in all other districts, on pain of forfeiture of their share of the primary school interest fund; but in case such matters shall not be determined at the first or annual meeting, the district board shall determine the same; and in case the district fails to vote for at least the minimum length required herein, the district board shall make provisions for said minimum length of school;

Twelfth, To appropriate any surplus moneys arising from May approthe one mill tax after having maintained

school in the dis- money for cer

tain purposes. trict at least eight months in the school year, for the purpose of purchasing and enlarging school sites, or for building or repairing school-houses or for purchasing books for library, globes, maps and other school apparatus, or for any incidental expenses of the school. How. 5052.-Am. 1895, p. 93; App. Mar. 8; Eff. Aug. 30; Act 15.

Powers of Moiles v. Watson, 60 / 415. FOURTH: See Section 4728 as to designation of school sites.

nual meetings. FIFTH: A school district, contracting for the building of a school-house 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 school-houses, unless some portion thereof shall be within 242 miles of the school-house 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 “appendage' does not mean simply the apparatus to be used inside or 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 second discretion, to buy new seats for a school-house under a resolution “to fit up the school-house for the winter term.”-McLaren v. Akron Town Board, 48 1 190. Equitable claims.-See note 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. Sch. 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 4686, 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 ensuing 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.

TWELFTH: Gibson v. Sch. Dist., 36 / 404; Publishing Co. v. Sch. Dist., 94 / 265.

voters at an


(4666) Section 1. At the first meeting in each school disElection of dis- trict there shall be elected by ballot a moderator for the term trict officers.

of three years, a director for two years, and an assessor for one year; and on the expiration of their respective terms of office, and regularly thereafter at the annual meetings, their

several successors shall be elected in like manner for a term Term of office. 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.

How. 5053. OFFICERS: The officers of a primary school district consist of a moderator, director and assessor. These offices are created by statute and have attached to them certain limited 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 / 299.

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.

When district oftices shall

(4667) SEC. 2. A school district office shall become vacant become vacant. 'Ipon the occurrence of any of the following events:

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.

How. 5054.

Vacancies in offices, how filled.

(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 board of school inspectors of the township to which the annual reports of such district are made shall fill such racancies. 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 of appointed flicer.

How. 5055.


(4669) SEC. 4 Any qualified voter in a school district whose who are name appears upon the assessment roll, and is the owner in his eligible to own right of the property so assessed, shall be eligible to election or appointment to office in such school district, unless such person be an alien.

NOTE-Italics indicate portion annended by Act No. 184, Public Acts of 1899.

(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 offices to which affceptance of they have been respectively elected or appointed, and such ac- filed. ceptances shall be entered in the records of the district by said director.

How. 5057.

(4671) SEC. 6. The moderator, director, and assessor shall constitute the district board. Meetings of the board may be District board, called by any member thereof by serving on the other inem- of may be bers a written notice of the time and place of such meeting at called. least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board shall Necessity of be valid unless voted at a meeting of the board. A majority valid action of the members of the board at a meeting thereof shall be by board.

Quorum of necessary for the transaction of business.


How. 5058.
A teacher cannot be hired by two members of the board without the con-
currence of the third and without convening any meeting of the board. -
Hazen v. Lerche, 47 / 626.

(4672) SEC. 7. The said district board shall purchase a rec- Board to ord book and such other books, blanks, and stationery as may record books, be necessary to keep a record of the proceedings of the district etc. meetings and of meetings of the board, the accounts of the assessor, and for doing the business of the district in an orderly manner.

How. 5059.

Before the enactment of this provision it was held that the board had authority to purchase, at the expense of the district, record books, blanks and paper necessary for the use of the district in keeping the records required by law, without any vote of the district therefor.-Sch. Dist. v. Snell, 24 / 353.


(4673) SEC. 8. The district board shall purchase or lease, Board to in the corporate name of the district, such sites for school- purchase, etc.. houses as shall have been lawfully designated, and shall build, etc., schoolhire, or purchase such school-houses 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 Necessity of by the qualified voters; but no district in any case shall build to site before a stone or brick school-house upon any site without having building first obtained a title in fee to the same, or a lease for ninetynine years; nor shall any district build a frame school-house on any site for which they have not a title in fee or a lease for fifty years, without securing the privilege of removing the said school-house when lawfully directed so to do by the quali



fied voters of the district at any annual or special meeting, when lawfully convened.

How. 5060.

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.

Board to estimate tax for support of schools.

certain cases.

(4674) SEC. 9. It shall be the duty of the district board to estimate the amount necessary to be raised, in addition to other school funds, for the entire support of such schools, including teachers' wages, fuel, and other incidental expenses,

and for deficiencies of the previous year for such purposes. Limit of tax in But in districts having less than thirty scholars, such estimate,

including the district's share of the primary school interest fund and one-mill tax, shall not exceed the sum of fifty dol. lars a month for the period during which school is held in such district; and when such amount has been estimated and voted by the district board, it shall be reported for assessment and collection, the same as other district taxes. When a tax has been estimated and voted by the district board under the provisions of this section, and is needed before it can be collected, the district board may borrow to an amount not exceeding the amount of said tax.

When board may borrow money.

How. 5061.

Board to report (4675) SEC. 10. The district board shall, between the first district ta xeer to and third Mondays in September in each year, make out and

deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district.

How. 5062.

Board to

(4676) SEC. 11. The district board shall apply and pay over apply moneys all school moneys belonging to the district, in accordance with

the provisions of law regulating the same, and no money raised by district tax shall be used for any other purpose than that for which it was raised, without a consenting vote of twothirds of the tax-paying voters of the district; and no moneys received from the primary school interest fund, nor from the one-mill tax except as provided by law shall be appropriated to any other use than the payment of teachers' wages, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from proper legal authority before the commencement of his school. No school district shall apply any of the moneys received by it from the primary school interest fund, or from any and all other sources, for the support and maintenance of any school of a sectarian charac

to law.

Sectarian schools barred from public moneys.





ter, whether the same be under the control of any religious society, or made sectarian by the school district board.

How. 5063.
Proof of qualification.-Sch. Dist. v. Cook, 47 / 112.

(4677) SEC. 12. Said board shall present to the district, at Board to make each annual meeting, a report in writing, containing an ac- Contents of. curate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the disburse. ments made by them, with the items of such receipts and disbursements. Such report shall also contain a statement of all taxes assessed upon the taxable property of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, and said report shall be entered by the director in the records of the district.

How. 5064.


to be filed.

(4678) SEC. 13. The district board shall hire and contract Board to hire with such duly qualified teachers as may be required; and all contracts shall be in writing and signed by a majority of the board on behalf of the district. Said contracts shall specify Contracte. the wages agreed upon and shall require the teacher to keep a School register

to be kept. correct list of the pupils, and the age of each, attending the school, and the number of days each pupil is present, and to furnish the director with a correct copy of the same at the close of the school. Said contract shall be filed with the di. Contract rector, and a duplicate copy of the contract shall be furnished to the teacher. No contract with any person not holding a

have legal legal certificate of qualification then authorizing such person certificate. to teach shall be valid, and all such contracts shall terminate, if the certificate shall expire by limitation and shall not immediately be renewed, or if it shall be suspended or revoked by proper legal authority. A school month within the mean. School month ing of the school laws shall consist of four weeks of five days in each week, unless otherwise specified in the teacher's contract.

Teacber must


How. 5065.

HIRE AND CONTRACT: The district in its corporate capacity is a necessary party to the contract.-Wall v. Eastman, 1 / 270. A teacher can be lawfully employed only by convening the board.-Hazen v. Lerche, 47 / 626. Contracts may be made before the beginning of the school year.-Sch. Dist. v. Cook, 47 / 112; Tappan v. Sch. Dist., 44 / 500; Cleveland v. Amy, 88 / 376; Farrell v. Sch. Dist., 98 / 45. The power to employ teachers conferred upon district boards of primary schools by this section is co-extensive with that conferred upon the boards of trustees of graded schools by section 4748.-Id. 376. Where a contract was signed by the director and the teacher, the moderator wrote “approved" upon it and subscribed it as moderator, such approval and signature was treated as, in legal effect, a signing of the contract. Everett v. Sch. Dist., 30 / 249. When the contract is signed by a majority of the board only.-Crane v. Sch. Dist., 61 / 299. Simultaneous signing is not necessary.-Holloway v. Sch. Dist., 62 / 155; Everett v. Sch. Dist., 30 / 249. It is the business of school districts to keep up public schools, and it is the duty of the officers to provide teachers and to make contracts with them. It is their duty to know under what conditions a teacher, whom they know to be teaching, claims to act.-Holloway v. Sch. Dist., 62 / 155. A teacher has a right to suppose his contract to be a valid one when it is signed by a sufficient number of officers and he is, with the personal knowledge of the whole board, permitted and encouraged to go on.-Id. 156. A contract valid on its face, actually carried out in full with the acquiescence of all concerned, cannot be subsequently repudiated.-Id. The provision that the contract

« PreviousContinue »