« PreviousContinue »
spectors shall prescribe the manner in which canvass shall be Canvass how
NOTE.-The italicized portion of preceding paragraph is the portion amended by Act No. 190, Public Acts 1899.
How. 5103.-Am, 1887, p. 63; App. Apr. 8; Act 56.-Am. 1893, p. 5; App. Feb. 8;
TWO-THIRDS VOTE: A corporate act, which can be taken only by a two-thirds vote, cannot be rescinded by a bare majority.-Stockdale v. Sch.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.-Ġibbs v. Sch. Dist., 88 / 336. Detaching a portion of a district and organizing it into or with another township.-People v. Ryan, 19 / 203.
(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, Issuing bonds in such form, and executed in such manner by the moderator borrowed? 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, Interest and payable at such time or times as the said district shall have directed.
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, therefore, 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.
(4719) SEC. 3. Whenever any money shall have been bor- Voters may rowed by any school district, the taxable inhabitants of such redeem bonds. 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.
(4720) SEC. 4. Any school district, whenever it shall appear District may that the same can be done on terms advantageous to said dis- to pay bonds trict, may borrow money to pay any bonded indebtedness of and issue said district then existing, and issue further bonds of said Proviso. district therefor: Provided, That a majority of the qualified voters of said district shall so determine, at an annual 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.
(4721) SECTION 1. Justices of the peace shall have jurisdiction in all cases of assumpsit, debt, covenant, and trespass on the case against school districts, when the amount 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.
How. 5107. As to corporate powers, etc., see note to Section 4652. Liability for debts after changes made in districts.-See Sections 4657-8 and notes. Action of one district against another for money had and received.-Sch. Dist. v. Sch. Dist., 40 / 551.
Suit against distriot, how commenced.
(4722) SEC. 2. When any suit shall be brought against a school district, it shall be commenced by summons, a copy of which shall be left with the assessor of the district at least eight days before the return day thereof. How. 5108.
(4723) Sec. 3. No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon, but the same shall be collected in the manner prescribed in this act.
Assessor to certify to sup+rvisor
(4724) SEC. 4. Whenever any final judgment shall be obtained against a school district, if the same shall not be removed to any other court, the assessor of the district shall
certify to the supervisor of the township and to the director against district. 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 gment shall be removed to another court, the assessor shall certify the same as aforesaid, immediately after the final determination thereof against the district.
When asssessor fails to certify,
(4725) SEC. 5. If the assessor shall fail to certify the judg. how party may ment as required in the preceding section, it shall be lawful proceed.
for the party obtaining the same, his executors, administrat-
How judgment certified in case of fraotional distriot.
(4726) Sec. 6. If the district against whom any such judg. ment shall be rendered is situated in part in two or more town. ships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated.
(4727) Sec. 7. The supervisor or supervisors receiving Supervisors to either of the certificates of a judgment as aforesaid shall pro- of judgment. ceed 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 roll in the column for school taxes; and the same proceedings shall be had, and the same shall be collected and returned in the How collected same manner as other district taxes.
CHAPTER VIII.-SITES FOR SCHOOL-HOUSES.
(4728) SECTION 1. The qualified voters of any school dis- Yoters to
designate sites. trict, when lawfully assembled, may designate by a vote of two-thirds of those present, such number of sites as may be desired for school-houses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants as aforesaid, the school in- When inspeospectors of the township or townships in which the district is determine si situated 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 afterward by the inspectors, on the written request of two-thirds 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.
NO SITE ESTABLISHED: It is only when the inhabitants cannot agree
(4729) SEC. 2. Whenever a site for a school-house shall be Disagreement designated, determined or established, in any manner provided sation for site. 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 in case such district shall, by reason of any imperfection in the title to said site, 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, the district board Board to apply
for a jury. of such district shall authorize one or more of its members to apply 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 eståte
Contents of application.
Proviso evidence of necessity for site.
required by such school district for such site, and the necessity for using the same, which application shall be in writing, and shall describe the real estate required by such district as accurately as is required in a conveyance of real estate: Provided, That whenever any school district shall have designated, selected, or established, in any manner provided by law, a school-house site, such selection, designation, or establishment shall be prima facie evidence to said jury of the necessity to use the site so established.
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 school-house 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.
Jury to be summoned.
(4730) SEC. 3. It shall be the duty of such circuit judge, circuit court commissioner, or justice of the 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, and the necessity for using the same, and to notify the owner or occupant of such real estate, if he can be found in the county, of the 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.
Owner to be notified.
Notice in case owner is unknown, etc.
(4731) SEC. 4. Thirty days' previous notice of the time when and the place where such jury will assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper published in the county where such real estate is situated; or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or assessor of such district, and shall describe the real estate required for such site, and state the time when and place where such jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence.
(4732) Sec. 5. It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or constable summoning them, to attend at the time and place specified in such summons or venire; and the officer who summoned the jury shall return such summons or venire to the officer who' issued the Return of same, with the names of the persons summoned by him as
proceedings jurors, and shall certify the manner of notifying the owner or thereon. owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summion a sufficient number of freeholders to make up the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attachment for any person summoned as a juror who Attachment shall fail to attend, and may enforce obedience to such sum- enforce mons, venire, or attachment, as courts of record, or justices' to process. courts are authorized to do in civil cases.
A party present, or represented, at the impaneling of the jury will be deemed to have waived all objections to the jury, if he makes none then.Smith v. Sch. Dist., 40 / 143.
(4733) SEC. 6. The twelve persons selected as the jury shall be duly sworn by the judge, commissioner, or justice in atten- Jury to dance, faithfully and impartially to inquire, ascertain, and be sworn. determine the just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same in the manner proposed by such school district; and the person thus sworn shall constitute the jury in such case. Subpenas for witnesses may be issued, and Subpænas for their attendance compelled by such circuit judge, commissioner, or justice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such examination Jury to ascerand such other evidences as may be presented before them, for taking land. shall ascertain and determine the necessity for using such real estate in the manner and for the purpose proposed by such school district, and the just compensation to be made therefor; and if such jury shall find that it is necessary that such real estate shall be used in the manner or for the purpose proposed by such school district, they shall sign a certificate in writing, stating that it is necessary that said real estate,