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ees shall continue to act for all the townships until the same have been organized and township boards of trustees duly elected and qualified therein. Immediately after such organization the township boards of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made.

When such appraisal has been made, said township boards shall make an equitable division of the existing assets and liabilities of the school district of such former township, basing their apportionment upon the amount of taxable property in the township divided, as shown by the last assessment roll of such former township. When a township district shall be altered to worship, etc. in its limits by annexing a portion of its territory to another township or townships, the township boards of each of the townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school district of the township from which the territory has been detached, basing their division upon the amount of taxable property, as the same shall appear upon the last assessment roll of such township.

Alteration of

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An Act to provide for the better SUPPORT OF TEACHERS' INSTI- Act 53, 1877, p. TUTES, and to repeal sections three thousand seven hundred and 40; App. Apr.

14, eighty-nine, three thousand seven hundred ninety, and three thousand seven hundred ninety-one of the compiled laws of eighteen hundred and seventy-one.

for certificates.

(4839) SECTION 1. The People of the State of Michigan enact, That all boards or officers, authorized by law to examine ap- collect fees plicants for certificates of qualification as teachers, shall col- from applicants lect, at the time of examination, from each male applicant for a certificate, an anual fee of one dollar, and from each female applicant for a certificate, an annual fee of fifty cents, and the director and secretary of any school board that shall employ any teacher who has not paid the fee hereinbefore provided, shall collect, at the time of making contract, from each male When to be teacher so employed, an annual fee of one dollar, and from director, etc., each female teacher so employed, an annual fee of fifty cents. of school board. All persons paying a fee as required by this section, shall be given a receipt for the same, and no person shall be required

Receipt. to pay said fee more than once in any school year. How. 5187.-Am.. 1883; p. 103; App. May 24; Act 112. ACT VALID: This act does not conflict with Const. xiv, 1, on the ground that the fees are specific taxes; nor on the ground that the fees are not uniform. This section is not defective, incomplete, ineffectual and therefore void.-Hammond v. School Board, 67 N. W. 973.

of fees.

(4840) SEC. 2. All such fees, collected by the director or Disposition secretary of any school board, shall be paid over to the secretary of the county board of school examiners of the county in which they were collected, on or before the fifteenth day of March, June, September and December, accompanied by a list

of those persons from whom they were collected, and all of such fees, together with all those that shall be collected by the county board of school examiners, shall be paid over by the secretary of said board of school exeminers to the treasurer of the county in which they were collected, on or before the last day of March, June, September and December, in each year, accompanied by a complete list of all persons from whom said fees were collected, and a like list, accompanied by a state ment from the county treasurer that said fees have been paid to him, shall be sent by said secretary to the superintendent of public instruction. All moneys paid over to the county treasurer, as provided by this act, shall be set apart as a teacher's institute fund, to be used as hereinafter provided. How. 5188—Am. 1883, p. 103; App. May 24; Act 112.

Annual county institute.

Proviso-when optional with superintendent.

Proviso.

(4841) SEC. 3. The superintendent of public instruction shall annually appoint a time and place in each organized county for holding a teachers' institute, make suitable arrangements therefor, and give due notice thereof: Provided, That in organized counties having less than one thousand children between the ages of five and twenty years, the holding of such institute shall be optional with the said superintendent, unless requested to hold such institute by fifteen teachers of the county in which such institute is to be held: Provided, however, That if there shall not be a sufficient number of teachers in any county to make such request, then teachers of adjoining counties who desire to attend such insti. tute may unite in the required application to said superin. tendent: Provided, also, That the said superintendent may, in his discretion, hold an institute for the benefit of two or more adjoining counties, and draw the institute fund from each of the counties thus benefited, as hereinafter provided. Am. 1879, p. 60; App. May 13; Act. 68.-How. 5189.

Proviso.

In case of inability of superintendent.

Certificate of attendance.

(4842) SEC. 4. The superintendent of public instruction, in case of inability personally to conduct any institute, or to make the necessary arrangements for holding the same, is hereby authorized to appoint some suitable person for that purpose, who shall be subject to the direction of said superin. tendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by the superintendent of public instruction, or by the duly appointed

ductor, a certificate setting forth at what sessions of said institute such teacher shall have been in attendance, and any teacher who shall have closed his or her school, in order to attend said institute, shall not forfeit his or her wages as teacher, during such time as he or she shall have been in attendance at said institute, and the certificate hereinbefore provided shall be evidence of such attendance. How. 5190.-Am. 1883; p. 103; App. May 24; Act 112.

Teachers attending not to forfeit wages.

(4843) SEC. 5. For the purpose of defraying the expenses institute, how of rooms, fires, lights, or other necessary charges, and for paid. procuring teachers and lecturers, the said superintendent, or the person duly authorized by him to conduct said institute, may demand of the county clerk of each county for the benefit of which the institute is held, who shall thereupon draw an order on the county treasurer of his county for such sum, not exceeding the amount of the institute fund in the county treasury, as may be necessary to defray the expenses of said institute; and the treasurer of said county is hereby required to pay over to said superintendent or duly appointed institute conductor, from the institute fund in his hands, the amount of said order.

Am. 1879, p. 60; App. May 13, Act 68.-How. 5191.

state treasurer.

(4844) SEC. 6. In case the institute fund in any county Mar drawson shall be insufficient to defray the necessary expenses of any institute held under the provisions of this act the auditor general shall, upon the certificate of the superintendent that he has made arrangements for holding such institute, and that the county institute fund is insufficient to meet the expenses thereof, draw his warrant upon the state treasurer for such additional sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed one hundred* dollars for each institute, and shall be paid out of the general fund. How. 5191a.

Yearly state

(4845) Sec. 7. The superintendent is authorized to hold, institute. once in each year, an institute for the state at large, to be denominated a state institute, and for the purpose of defraying the necessary expenses of such institute, the auditor general shall, on the certificate of said superintendent that he has made arrangements for holding such institute, draw his war

the state treasurer for such sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed four hundred dollars and shall be paid out of the general fund: Provided, That not more than three thousand* dollars shall be drawn from the treasury, or any greater liability incurred in any one year to meet the provisions of this act.

rant upon

*The italics indicate amendments made by Act No. 64, Public Acts of 1899. How 5192.

Vouchers for

(4846) Sec. 8. The superintendent of public instruction or payments. the conductor of the institute by him appointed, drawing money from the county treasurer, under section five of this act, shall, at the close of each institute, furnish to the county treasurer, vouchers for all payments from the same in accordance with this aet, and he shall return to the county treasurer

whatever of the amount that may remain unexpended, to be replaced in the institute fund.

How. 5193. Sec. 9 repeals the laws mentioned in the title. How. 5194.

CHAPTER 121.-COMPULSORY EDUCATION.

Act 95, 1895, p. An Act to provide for the COMPULSORY EDUCATION of children, 203; App. Apr. 26; Eff. Aug.

for the PUNISHMENT OF TRUANCY, and to repeal all acts or parts of acts conflicting with the provisions of the same.

30.

Compulsory education of

certain age.

Proviso as to

school.

(4847) SECTION 1. The People of the State of Michigan enact, children under That every parent, guardian or other person in the state of

Michigan having control and charge of any child or children between the ages of eight and sixteen years and in cities between the ages of seven and sixteen years, shall be required to send such child or children to the public school for a period of at least four months in each school year, except that in cities. having a duly constituted police force, the attendance at school shall not be limited to four months beginning on the first Monday of the first term commencing in his or her district after September first of each year. And such attendance, in cities, shall be consecutive until each and every pupil between the ages of seven and sixteen years shall have attended school

the entire school year previous to the thirtieth day of June in children taught

each school year: Provided, If it be shown that any such in private child or children are being taught in a private school in such

branches as are usually taught in the public schools, or, have already acquired the ordinary branches of learning taught in public schools, or if the person or persons in parental relation to such child or children present a written statement that

such child or children is or are physically unable to attend Truant officer school, the truant officer or district board may employ a reputo employ physician to table physician to examine such child or children, and if such Children unable physician shall certify that such child or children is or are

physically unable to attend school, such child or children shall be exempt from the provisions of this act: Provided

further, That the school boards in cities may on the recomcertain children mendation of the superintendent of schools and of the truant from attending officer, exempt children over fourteen years of age from at

tendance at school for either a part or for the whole of the time until they shall severally reach the age of sixteen years,

for any reason that said boards may deem sufficient: And Further proviso further provided, That in case a public school shall not be children shall taught for four months during the time herein specified, be exempt.

within two miles by the nearest traveled road, of the residence
of any such child or children, such child or children shall not
be liable to the provisions of this act.

Am. 1897, p. 77; App. May 13; Eff. Aug. 30; Act 67.
This act is deemed to have superseded act 144 of 1883 and act 108 of 1885,-
(How. 5174g-5174u.) and was so intended by the department of public instruco-
tion in preparing the bill for its enactment. See act to punish truancy and
prevent crime. Section 11,765.

to attend school.

Proviso as to

of truant

truant officers.

(4848) SEC. 2. The district board or board of education in District board each school district in the state which has been organized as a truant officer. graded school district, or as a township district according to the laws of the state, shall, at its first meeting, after this law goes into effect, and previous to the tenth day of September of each year, appoint a truant officer for the term of one year from and after the first Monday of September of each year. In townships townships whose districts have been organized under the pri- truant officers. mary school law, the chairman of the township board of school inspectors shall be the truant officer and shall perform all the duties of truant officer, as provided for in this act, so far as the provisions of this law apply to the territory over which he has jurisdiction: Provided, That in cities having a duly or- Pitive to mi to ganized police force, it shall be the duty of the police authority, organized at the request of the school authorities, to detail one or more

police force. members of said force to perform the duties of truant officer. The compensation of the truant officer shall be fixed in graded :school districts by the board which appoints, and in townships by the township board and in no case shall such compensation be less than one dollar and fifty cents per day for time actually employed under direction of the school board in performance of his official duties. The compensation of truant Compensation officers shall be allowed and paid in the same manner as inci. officers. dental expenses are paid by such boards.

(4849) SEC. 3. It shall be the duty of the truant officer to Duties of investigate all cases of truancy or non-attendance at school and render all service within his power to compel children to attend school and when informed of continued non-attendance by any teacher or resident of the school district he shall immediately notify the persons having control of such children that, Notice of

truant officer on the following Monday, such children shall present them- to parent or selves with the necessary text-books for instruction in the proper school or schools of the district. The notice shall inform said parent or guardian that attendance at school must be consecutive at least eight half days of each week until the end of that term, except in cities having a duly constituted police force, attendance in school shall be continuous. In case any parent, guardian or other person shall fail to comply with When parent the provisions of this act, he shall be deemed guilty of a mis- guilty of a demeanor and shall, on conviction, be liable to a fine of not less than five dollars, nor more than fifty dollars, or by imprisonment in the county or city jail for not less than two nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

(4850) SEC. 4. In all city school districts in this state having Where una school census of five hundred or more pupils, the school graded school board or officers having in charge the schools of such districts be established may establish one or more ungraded schools for the instruction tion of certain of certain children, as defined and set forth in the following section. They may, through their truant officer and superintendent of schools, require such children to attend said un

guardian.

misdemeanor.

children.

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