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portioned for its support, shall be the same as those of the
board of school inspectors are to the township library.
How. 5142.
Libraries are within the proper range of school apparatus; and there is
nothing in our laws which cuts off public corporations from accepting benev-
olent offerings to enable them to extend their usefulness and benefit their
people, by enlarging their opportunities for culture and refinement without
multiplying or increasing their burdens.-Maynard v. Woodard, 36 / 425, 427.

Inspectors to (4759) SEC. 8. The school inspectors shall give in their anreport library statistics to nual report to the superintendent of public instruction, such state superin- facts and statistics relative to the management of the town

ship library and the library moneys, as the superintendent of public instruction shall direct; and the district board of any school district having a library, shall cause to be given in the annual report of the director to the board of school inspectors, like facts and statistics relative to the district library, which items shall also be included by the said inspectors in their annual report.

How. 5143.

Failure to report or illegal use of moneys to cause forfeiture of moneys thereafter.

(4760) Sec. 9. In case the board of school inspectors of any township, or the district board of any school district, shall fail to make the report required by the preceding section, or in case it shall appear from the reports so made that any town. ship or school district has failed to use the library money in strict accordance with the provisions of law, such township or district shall forfeit its share of the library moneys that are apportioned, and the same shall be apportioned to the several other townships and districts in the county as hereinafter provided: Provided, That in townships where the boards thereof shall determine and report to the superintendent that the public will be better served by using the said money for general school purposes, no such forfeiture shall occur.

Proviso.

How. 5144.

State superin

clerk with statement.

(4761) SEC. 10. The superintendent of public instruction tendenti be pro- shall annually, and previous to the tenth day of May, transmit

to the clerk of each county a statement of the townships in his county that are entitled to receive library moneys, giving the number of children in each of such townships between the ages of five and twenty years, as shall appear from the reports of the boards of school inspectors for the school year last ending; said clerk shall file such statement in his office, and shall forthwith furnish a copy thereof to the county treasurer.

Statement to be filed and copy given to county treasurer.

How. 5145.

Fines for

apportioned for township and district libraries.

(4762) SEC. 11. The clear proceeds of all fines for any breach breschoole penal of the penal laws of this state and for penalties or upon any

recognizance in criminal proceedings, and all equivalents for exemption from military duty when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on aceount

LIR

GENERAL SCHOOL LAWS.

57

of such fines or equivalents, and not already apportioned, shall
be apportioned by the county treasurer before the first day of
June in each year, among the several townships in the county,
according to the number of children therein, between the ages
of five and twenty years, as shown by the statement of the
superintendent of public instruction provided for in the pre-
ceding section, which money shall be exclusively applied to
the support of the township and district libraries, and to no
other purpose.

FINES, ETC.: See Const. xiii, 12, and notes thereto.
How. 5146.-Am. 1895, p. 96; App. March 8; Eff. Aug. 30; Act. 15.

libraries.

(4763) SEC. 12. The qualified voters of each township shall Voters may have power at any annual township meeting, to vote a tax for support of the support of libraries established in accordance with the provisions of this act, and the qualified voters of any school district, in which a district library shall be established, shall have power, at any annual meeting of such district, to vote a district tax for the support of said district library. When any tax authorized by this section shall have been voted, it How-tad to be shall be reported to the supervisor, levied, and collected in the assessed and same manner as other township and school district taxes.

collected.

How. 5147.

(4764) SEC. 13. The district board of any school district District board may donate or sell any library book or books belonging to sell books to such district to the board of school inspectors of the township library. or townships in which said district is wholly or partly situated, which book or books shall thereafter form a part of the town. ship library.

How. 5148. (Sec. 14 was repealed by act 194 of 1889. How. 5149.)

CHAPTER XIII.-PENALTIES AND LIABILITIES.

(4765) SECTION 1. Any taxable inhabitant of a newly formed Penalty of district receiving the notice of the first meeting, who shall neglect of duty. neglect or refuse duly to serve and return such notice, and every chairman of the first district meeting in any district, who shall willfully neglect or refuse to perform the duties enjoined on him in this act, shall respectively forfeit the sum of five dollars.

How. 5163.

(4766) SEC. 2. Any person duly elected to the office of Penalty on moderator, director, assessor, or trustee of a school district, for neglecting who shall neglect or refuse, without sufficient cause, to accept pe refusing the such office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty

duties.

required of him by virtue of his office, shall forfeit the sum of ten dollars.

How. 5164. Hinman v. Sch. Dist., 4 / 170. If the district, by an officer's wilful act or neglect of duty, is subjected to suit or judgment, the district in its corporate capacity must recover the amount, but individual citizens, who have been taxed to satisfy the judgment, cannot recover their taxes from such officer,-Wall v. Eastman, 1 / 268.

Penalty on inspector for neglect or refusal.

(4767) Sec. 3. Any person duly elected or appointed a school inspector, who shall neglect or refuse, without sufficient cause, to qualify and serve as such, or who, having entered upon the duties of his office shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars.

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How. 5165.

Liability of inspector for neglecting to report.

(4768) Sec. 4. If any board of school inspectors shall neglect or refuse to make and deliver to the township clerk their annual report as required by this act, within the time limited therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the township treasurer in the name of the township, in an action of debt, or on the case; and if any township clerk shall neglect or refuse to transmit the report herein mentioned within the time limited therefor, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon, to be recovered in an action of debt, or on the case.

Liability of township clerk.

How. 5166.

Liability of county clerk for neglect to transmit reports.

(4769) SEC. 5. Any county clerk who shall neglect or refuse to transmit to the superintendent of public instruction the reports required by this act, within the time therefor limited, shall be liable to pay to each township the full amount which such township, or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recovered in an action of debt, or on the case. How. 5167.

How moneys collected on account of neglect disposed of.

(4770) SEC. 6. All the moneys collected or received by any township treasurer under the provisions of either of the two last preceding sections, shall be apportioned and distributed to the school districts entitled thereto, in the same manner and in the same proportion that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this act, have been apportioned and distributed. How. 5168.

(4771) SEC. 7. Any township clerk who shall neglect or refuse to certify to the supervisor any school district taxes that have been reported to him as required by this act, and any supervisor willfully neglecting to assess any such tax shall be Liability of liable to any district for any damage occasioned thereby, to be and supervisor recovered by the assessor in the name of the district, in an

in regard to action of debt, or on the case. How. 5169.

district taxes.

(4772) SEC. 8. The township board of each township, and When town, in the case of fractional school districts, the township board of remove certain the township in which the district school-house thereof is situated, shall have power and is hereby required to remove from office, upon satisfactory proof, after at least five days' notice to the party implicated, any district officer or school inspector who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neglect to discharge any of the duties of his office. And in case of such removal it shall be the duty of the township clerk of such Township clerk township to enter in the records of such township the resolu- for removal. tion or order of such board, for such removal; and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of the jurisdiction of such board and of the regularity of the proceedings for such removal, and (unless the party so removed Party removed. shall, within thirty days after such removal, institute pro-proceedings to ceedings before a court of competent jurisdiction for the re- removal of moval of such order for removal, or if after such thirty days ship board. such proceedings to obtain such removal shall be discontinued or dismissed) shall be conclusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five day's notice of the time and place fixed by said board for the hearing of the case as aforesaid.

officers.

How. 5170.

REMOVAL: When a member of he board is interested in he subject for consideration in the matter of removal, he is not competent to act.–Stockwell v. Twp. Bd. of White Lake, 22 / 341. When interest deemed too remote to disqualify.-Hamtramck Twp. Board v. Holihan, 46 / 127. Proceedings to remove are not invalidated because the board did not meet to agree on the notice under which the proceedings were taken.-Wenzel v. Dorr Twp. Bd., 49 / 25. The statute contemplates that no steps shall be taken until the action of the proper authorities has been invoked by complaint of some definite violation of duty. But preliminary formalities may be waived. Geddes v. Thomastown Twp., 46 / 318. The action of the board is final unless speedily brought up for review.-Id. The proceedings are in the nature of a judicial investigation.-Stockwell v. White Lake Twp. Board, 22 / 341.

CAUSES FOR REMOVAL: The township board is the exclusive judge of the facts on which it is authorized to remove a school officer.-Hamtramck Twp. Bd. v. Holihan, 46 / 127. Refusal to sign the director's orders for the payment of money is not alone sufficient cause for removal of the moderator, for he has a right to determine for himself whether the order should be issued.--Stockwell v. White Lake Twp. Bd., 22 / 341. Persistent refusal by a director, without cause, to make needed repairs in the school-house furniture, etc., is sufficient cause for removal.-Hamtramck Twp. Bd. v. Holihan, 46 127. Wilful refusal of a director to sign a teacher's contract, or to accept and file it, or to draw pay orders under the contract, and obstinate neglect to furnish necessary school supplies may be taken into account in proceedings for removal.-Geddes v. Thomastown, 46 / 316. A woman moderator cannot be removed for hiring her husband to teach the school.-Hazen V. Akron Twp. Bd., 48 / 188. Nor a director for the purchase, in his discretion, of new seats for the school-house, under an order of the annual meeting "to fix the school-house for the winter term.”—McLaren v. Akron Twp. Bd., 48 / 189.

ĆERTIORARI: Lies to review the proceedings of a township board in removing a school ofñcer.-Stockwell v. White Lake Twp. Bd., 22 / 341; Crawford v. Twp. Boards, 22 / 405; 24 / 248; Merrick v. Arbela Twp. Bd., 41 / 630. But mere insufficiency of evidence to establish the cause for removal will

not warrant a reversal of the board's determination, the board being the exclusive judge of the facts.-Hamtramck Twp. Bd. v. Holihan, 46 7 127. Township clerk's return as to testimony taken by the board presumed true.Taylor v. Shimmel, 65 N. W. 548.

School officers and teachers not to act as school book agents, etc.

(4773) SEC. 9. No school officer, superintendent, or teacher of schools, shall act as agent for any author, publisher, or seller of school books, or shall directly or indirectly receive any gift or reward for his influence in recommending the purchase

or use of any library or school book or school apparatus, or School officers furniture whatever, nor shall any school officer be personally

interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein

prohibited, performed by any such officer, superintendent, or misdemeanors. teacher, shall be deemed a misdemeanor.

How. 5171.

enot to be interested in contracts in certain cases. Such acts deemed

Where this act (4774) SEC. 10. All provisions of this act shall apply and be shall apply.

in force in every school district, township, city and village in this state, except such as may be inconsistent with the direct provisions of some special enactment of the legislature.

How. 5172. Sec. 11 repeals chaps. 131, 136, 137, 138 of C. L. 1871; act 42 of 1875; acts amendatory thereof (acts 41, 42, 56 and 63 of 1872; 44, 69, 71, 76, 98, 111, 132, 164 and 193 of 1873; 36, 51, 84, 94, 106, 167, 183 and 230 of 1875; 77 and 173 of 1877; 44, 46, 159, 164, 254, 255 and 264 of 1879); "and all other acts and parts of acts contravening the provisions of this act." How. 5173.

ELECTIONS LEGALIZED: Act 16 of 1879, p. 12 (How. 5174) provides "that tho action heretofore 'had of the electors in each and every school district in this state, in electing the officers of such districts in any other manner than by ballot, is hereby declared legal and valid."

CHAPTER 117.-MISCELLANEOUS PROVISIONS RELA

TIVE TO EDUCATION AND THE SCHOOLS.

15.

text books.

Act 147, 1889, P. AN ACT to regulate the uniformity of, and to provide FREE SCHOOL 166; App. June

TEXT-BOOKS in public schools throughout the State, and the distri. bution of the same, and to repeal all statutes and acts contravening the provisions of this act.

(4775) SECTION 1. The People of the State of Michigan enact, When board to That from and after June thirtieth, eighteen hundred and purchase

ninety, each school board of the state shall purchase, when authorized, as hereinafter provided, the text-books used by the

pupils of the schools in its district in each of the following subSubjects.

jects, to wit: Orthography, spelling, writing, reading, geog. raphy, arithmetic, grammar (including language lessons), na

tional and state history, civil government, and physiology and Change hygiene; but text-books once adopted under the provisions of Proviso. this act shall not be changed within five years: Provided,

That the text-book on the subject of physiology and hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty-five of the public acts of eighteen hundred and -eighty-seven, approved June ninth, eighteen hundred and

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