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viction thereof, be liable to a fine of not more than five dol- Penalty for lars or to imprisonment in the county jail for not more than loformation as five days, in the discretion of the court. Added 1897, p. 77; App. Apr. 9; Ef. Aug. 30; Act. 66.

to children.

(4689) Sec. 23. The director shall also, at the end of the To make school year, and previous to the second Monday in September to inspectors. in each year, deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the town. Contents of. ship, 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 school 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.

How. 5075.

(4690) Sec. 24. The director of each fractional district shall Where director make his annual report to the clerk of the township in which dist ict to the school-house is situated, and shall also report to the clerk report. 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.

How. 5076.

ASSESSOR.

(4691) SEC. 25. It shall be the duty of the assessor of each Assessor. school district:

First, To execute to the district and file with the director, within ten days after his election or appointment, a bond in To give bond. double the amount of money to come into his hands as such assessor during his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by Bond to he the moderator and director, conditioned for the faithful ap

approved.

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plication 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 with the director, and in case of any breach of the condition thereof, the moderator shall cause a suit to be commenced 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 assessor;

Second, To pay all orders of the director, when lawfully 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 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 school year a report in writing, containing a statement of all 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 suits brought by or against the same, when no other directions 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 district board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belonging to the office of assessor, together with all district moneys remaining on hand;

Seventh, To perform such other duties as are or shall be by law required of the assessor. How. 5077.

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 7 228. See Welch v. Frost, 1 / 30; also Bryant v. Moore, 50 / 225.

SECOND: See Section 4685, subd. 2, and Section 4686, 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.
may be allowed from demand when mandamus is granted for payment, when
its claim is such a settled demand as would sustain a recovery of interest
at law.-Martin v. Tripp, 51 / 184. Mandamus lies to compel à district to
pay or 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 satis-
fied that there is no valid defense.-Martin v. Tripp, 51 / 184. A showing of a
want of funds is a complete answer to an application for mandamus to re-
quire an assessor to pay a warrant drawn on him.-Allen v. Frink, 32 / 96.

FIFTH: The management and control of suits is specially confided to the assessor, when no other direction is given in district meeting; the moderator

Other duties.

But interest.

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.

CHAPTER

BOARD

OF

IV.-TOWNSHIP OFFICERS-TOWNSHIP

SCHOOL INSPECTORS.

(4692) SECTION 1. The school inspectors of each township, Township, together with the township clerk, shall constitute the town-inspectors. ship board of school inspectors. Said board shall meet at the Meeting and

organization of. 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.

How. 5078.-Am. 1883, p. 5; App. Mar. 15; Eff. Sept. 8; Act 9.-Am. 1885, p. 101; App. May 14; Eff. Sept. 19; Act 96.

Bond to be

(4693) SEC. 2. The chairman of said board shall be the Chairman of treasurer thereof, and shall give bond to the township in treasurer. 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, To give bond: conditioned for the faithful appropriation of all moneys that may come into his hands by virtue of his office. Said bond bied. shall be filed with the township clerk, and in case of the non

When suit to

be brought fulfillment thereof, said clerk shall cause a suit to be com- thereon. 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 have been applied by said treasurer of the board of school inspectors. How. 5079.

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.

(4694) Sec. 3. On the third Monday in September in each year the inspectors shall make triplicate reports, setting forth Inspectors to

make triplicate: the whole number of districts in their townships, the amount reports. 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 school directors for the preceding year; and the township clerk shall, within ten days thereafter, forward two copies of Terkesibaina the same to the secretary of the county board of school exam- relative iners, and file the other copy in his office. How. 5080.-Am. 1887, p. 351; App. June 27; Eff. Sept. 28; Act 266.

thereto.

Inspectors to examin- list of qualified teachers.

(4695) SEC. 4. It shall be the duty of the school inspectors,

, before making their annual report, as required by the preceding section, to examine the list of legally qualified 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 district shall set forth that a school has been so taught; and it shall be the duty of the board to certify to the facts in relation to any such district in their annual report.

How. 5081.

To report districts not employing such.

Inspectors to render a count to township board.

(4696) SEC. 5. It shall be the duty of the board of inspe ors to render to the township board, on the Tuesday next preceding the annual township meeting, a full and true 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.

How. 5082.

Number of meetings of inspectors.

(4697) SEC. 6. The whole number of meetings of the town. ship board of school inspectors at the expense of the township, during any one school year, shall not exceed eight; but this shall not be construed to prevent said board holding further meetings in case of necessity, provided no expense to the township be incurred. How. 5083. Notice of meetings, see Section 4653.

TOWNSHIP CLERK.

Township clerk to be cl-rk of board of inspectors.

(4698) SEC. 7. The township clerk shall be the clerk of the board of school inspectors by virtue of his office, and shall, attend all meetings of said board, and, under their direction,

prepare all their reports and record the same, and shall reDuties as such. cord all their proceedings. He shall also receive and keep all

reports to inspectors from the directors of the several school districts in his township, and all the books and papers belonging to the inspectors, and file such papers in his office; and he shall receive all such communications, blanks, and documents as may be transmitted to him by the superintendent of public instruction, and dispose of the same in the manner directed by said superintendent.

How. 5084.

(4699) SEC. 8. It shall be the duty of the township clerk

annually, immediately after the organization of the board of To notify school inspectors of his township, to transmit to the county county clerk of chair an of clerk a certified statement of the name and post-office address inspectors.

of the chairman of said board, and in case there shall be a

board of

GENERAL SCHOOL LAWS.L.FO

35

change in such chairman, during the year, he shall immedi-
ately notify the county clerk of such change.
How. 5085.

of districts.

(4700) Sec. 9. Each township clerk shall cause a map to To make map be made of his township, showing by distinct lines thereon the boundaries of each school district, and parts of school districts therein, and shall regularly number the same thereon as established by the inspectors. One copy of such map shall be filed by the said clerk in his office, and one other copy he Where map shall file with the supervisor of the township; and within one month after any division or alteration of a district, or the organization of a new one in his township, the said clerk shall When new map file a new map and copy thereof as aforesaid, showing the same.

to be filed.

to be made.

How. 5086.

That certain lands are within a particular school district may be shown by parol, without producing maps, plats or documents.-Brooks v. Fairchild, 36 / 234.

(4701) SEC. 10. It shall be the duty of the township clerk of each township, on or before the first day of October of each year, to make and deliver to the supervisor of his township a To report to certified copy of all statements on file in his office of moneys school taxes. proposed to be raised by taxation in each of the several school districts of the township for school purposes. He shall also certify to the supervisor the amount to be assessed upon the taxable property of any school district retaining the district school-house or other property, on the division of the district, as the same shall have been determined by the inspectors, and he shall also certify the same to the director of such district, and to the director of the district entitled thereto.

How. 5087.

(4702) SEC. 11. On receiving notice from the county treasurer of the amount of school moneys apportioned to his township the township clerk shall apportion the same amount to To apportion the several districts therein entitled to the same in proportion received from to the number of children in each between the ages of five and coaster twenty years, as the same shall be shown by the annual report of the director of each district for the school year closing prior to the May apportionment.

treasury.

How. 5088.-Am. 1887, p. 102; App. Apr. 27; Eff. Sept. 28; Act 92.

Apportionment by superintendent of public instruction.-Moiles v. Watson, 60 / 415.

school taxes.

(4703) SEC. 12. Said clerk shall also apportion to the school To apportion districts in his township, as required by law, on receiving notice of the amount from the township treasurer, all moneys raised by township tax, or received from other sources, for the support of schools; and in all cases make out and deliver to the township treasurer a written statement of the number of Statement to children in each district drawing money, and the amount ap- treasurer.

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