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Public moneys

all other funds.

(1198) SEC. 2. It shall be the duty of every officer charged

to be kept with receiving, keeping or disbursing of public moneys to separate from keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation. How. 424.

(1199) SEC. 3. No such officer shall, under any pretext, use How used. nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation, without legal authority so to do.

How. 425.

(1200) SEC. 4. In all cases where public moneys are author: Interest on ized to be deposited in any bank, or to be loaned to any to constitute a individual, firm, or corporation, for interest, the interest accru- general fund. ing upon such public moneys shall belong to and constitute a general fund of the State, county, or other public or municipal corporation, as the case may be. How. 426.

(1201) SEC. 5. In no case shall any such officer, directly or Officers not to indirectly, receive any pecuniary or valuable consideration sideration for as an inducement for the deposit of any public moneys with depenent molt any particular bank, person, firm, or corporation.

particular bank, etc.

How. 427.

(1202) SEC. 6. The provisions of this act shall apply to all Provisions of deputies of such officer or officers, and to all clerks, agents, ply to deputies and servants of such officer or officers.


How. 428.

(1203) SEC. 7. Any person guilty of a violation of any of Penalty for the provisions of this act shall, on conviction thereof, be pun- visions of this ished by a fine not exceeding one thousand dollars, or impris- act. onment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall prevent a Proviso. prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute.

How. 429.

(1204) SEC. 8. Any officer who shall wilfully or corruptly Penalty for draw or issue any warrant, order, or certificate for the pay- of money. ment of money in excess of the amount authorized by law, or

illegal payment

for a purpose not authorized by law, shall be deemed guilty
of a misdemeanor, and may be punished as provided in the
preceding section.
How. 430.


(From this Chapter we quote only the section relating to the apportionment of the surplus DOG TAX to school districts.)

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Payment of

(5601) SEC. 6. damages.

At the annual meeting of the township board in each year, and at a meeting of the common council of each city in April of each year, the said board or council, as the case may be, shall examine all certificates of damage filed by the clerk, as aforesaid, during the proceeding (preceding] year, and if satisfied that in any case or cases the certified damages are excessive, they may reduce the same to such amount as they may consider just, and may order the payment of all such loss as they may consider just, out of the fund aforesaid, if it be sufficient for that purpose, and if not suffi

cient they may order a proportionate payment of each claim. Apportionment If money remains of such fund, after satisfactory payment of of surplus.

all claims aforesaid in any one year, over and above the sum of one hundred dollars, it shall be apportioned among the several school districts of such township or city in proportion to the number of children therein of school age: Provided, That no payment of loss shall be made as provided for in this section unless the party applying for the same shall make it appear to the satisfaction of the township board or common council that he has made all due efforts and has not been able to obtain satisfaction therefor, from the owner or owners of the dog or dogs which shall have done the damage.


Am. 1881, p. 396; App. June 11; Eff. Sept. 10; Act 283.-How. 2128.

EXPLANATORY NOTE BY SUPERINTENDENT OF PUBLIC INSTRUCTION: The apportionment must be based upon the whole number of children of school age residing in the township, and include all districts whether lying wholly or partly in such township. In case of a fractional district in which the schoolhouse is situated in a different township, the money belonging to such district must be paid over to the treasurer of the township in which the schoolhouse is situated, and by that treasurer paid to the district in the same way as in the case of the one-mill and other taxes.


Act 194, 1889. p. An Act to revise and consolidate the laws relative to the STATE 226; App. June

BOARD OF EDUCATION. 27; eff. Oct 2.

To be a body corporate.

(1812) SECTION 1. The People of the State of Michigan enact, That for the purpose of rendering more efficient their organization, and to enable them more fully to carry into effect the provisions of the constitution relative thereto, the State board of education shall be and they are constituted a body politic and corporate, and are hereby empowered to purchase, have, hold, possess and enjoy to themselves and their successors, all the lands, tenements, hereditaments, goods, chattels and to hold propeffects of every kind now belonging to the State Normal School school, etc. or that may hereafter be acquired by the same; and the same to grant, alien, invest, sell and dispose of; to sue and [to] be sued, plead and be impleaded, in all the courts in this state; to have and to use a seal, and the same to change, alter and renew at pleasure, and to make such by-laws and regulations as they may deem proper for the government and conduct of said [board] and for the transaction of its business: Pro. Proviso. vided, The same be not repugnant to the constitution or laws of this state or of the United States: Provided further, That Further

. said corporation shall be subject to the provisions of chapter fifty-five of the revised statutes of eighteen hundred and fortysix, so far as the same can apply, and are not inconsistent with the provisions of this act.

How. 4976a. Chapter 55 of the revised statutes of 1846 contains the general provisions relating to corporations” and will be found in Chapter 230. See acts 138 and 178 of 1849, establishing a state normal school.

(1813) SEC. 2. Said board shall have power to transact all Power of board. necessary business at any meeting, a quorum being present. Said board shall make and provide such by-laws and regulations for the conduct of its business as it shall deem proper. A quorum of said board shall consist of a majority of its Quorum. members. All processes against said board of education shall Processes. be served on the president or secretary thereof.

How. 4976b.


(1814) SEC. 3. The State board of education shall continue of the normal the Normal School at Ypsilanti in the county of Washtenaw, where it is now located. The purpose of the Normal School shall be the instruction of persons in the art of teaching, and in all the various branches pertaining to the public schools of the State of Michigan: Provided, There shall be prescribed Proviso. for said school a course of study intended specially to prepare students for the rural and the elementary [graded] schools of the state, which shall provide not less than twenty weeks of special professional instruction. How. 4976c.

Members not to

(1815) SEC. 4. No member of said board of education shall, act as agent for during his continuance in office, act as the agent of any pub- publishers, etc. lisher or publishers of school books or school library books, or be or become interested in the publication or sale of any such book or books as agent or otherwise.

How. 4976d.

(1816) SEC. 5. Said board shall provide all necessary Course of study courses of study to be pursued in the Normal School and training school, establish and maintain in connection therewith a fully equipped training school as a school of observation and practice, and shall grant upon the completion of either of said

courses, such diploma as it may deem best, and such diploma when granted shall carry with it such honors as the extent of the course for which the diploma is given may warrant and said board of education



How. 4976e.

Certificate to teach, when

uf, eta

(1817) SEC. 6. Upon the completion of the course specially prescribed as hereinbefore provided for the rural and elementary graded schools, said board of education shall upon the recommendation of the principal and a majority of the heads of the departments of said school, grant a certificate which shall be signed by said board and the principal of the Normal School, which certificate shall contain a list of the idies included in said course, and which shall entitle the holder to teach in any of the schools of the State for which said course has been provided for a period of five years: Provided, That said certificate may be suspended or revoked by said state board of education upon cause shown by any county board of examination, or by any board of school officers.


How. 4976f.

Life certificates, when granted, etc.

(1818) SEC. 7. Upon the completion of either of the advanced courses of study prescribed by said State board, which shall require not less than four years for their completion, said board of education, upon the recommendation of the principal and a majority of the heads of departments of said school, shall issue a certificate to the person completing said course, which certificate shall be referred to in the diploma hereinbefore provided to be granted. Said certificate shall set forth

a list of the studies of the course completed and, when given, May be revoked. shall operate as a life certificate, unless revoked by said State

board of education.

How. 4976g.

Admission of pupils. Proviso.

(1819) SEC. 8. The board of education shall make such regulations for the admission of pupils to said school as it shall deem necessary and proper: Provided, that the applicant shall, before admission, sign a declaration of intention to teach in the schools in this State.

How. 4976h.

To appoint visitors, report of, etc.

(1820) SEC. 9. Said board of education shall appoint each year three visitors whose duty it shall be to examine thoroughly into the affairs of the Normal School and report their views with regard to its condition and any other matters they may judge expedient, to the said board of education, which report shall be incorporated in the report of the Superintendent of Public Instruction and in the report of said board of education to be made to the Legislature as hereinafter provided. Said visitors shall receive two dollars per day for time actually spent in visitation and also their actual traveling ex


penses, to be paid out of the funds of said board: Provided, That not more than two visits shall be made by any board of visitors.

How. 4976i.

contents of, etc.

(1821) SEC. 10. Said board of education shall make to the Report of board Legislature, at every regular session thereof, a report setting forth: First, The work done by the school since the last re. port; Second, The (need] needs and requirements of the school; Third, A report of the principal of the school, concerning such matters pertaining to the school as have been under his immediate direction and control and such recommendations as he may deem desirable to make to the board; And fourth, A financial statement, showing in detail the moneys received and expended, with an itemized statement of receipts and expenditures, as near as may be. How. 4976).

(1822) SEC. 11. The board shall elect a treasurer, who shall Treasurer. furnish bonds, with two sureties, in the penal sum of not less than twenty thousand dollars, conditioned for the faithful discharge of his duties. Such treasurer shall receive such compensation as to the board may seem just.

How. 4976k.

(1823) SEC. 12. The ten sections of salt spring lands located Lands approby the board of education under the provisions of sections Sition of, eto. fifteen and sixteen of “An act to establish a state normal school," approved March twenty-eight, eighteen hundred and forty-nine, together with the fifteen sections of said salt spring lands located under the provisions of section sixteen of said act, and all such lands as may be granted by congress or received or set apart in any manner in lieu of any portion of said land, to which the title may prove insufficient, and all donations, in land or otherwise, to the State in trust or to the board of education for the support of a normal school, shall constitute a fund to be called the Normal School endowment fund, and shall be reserved from sale until the same shall be appraised. The minimum price of said lands shall be four dol. Minimum price lars per acre, and it shall be the duty of the officer authorized appraisal, etc. to sell said lands, to cause the same to be appraised as soon as practicable, in the manner provided for the appraisal of other lands; none of said lands shall be sold for less than the minimum price fixed by law. It shall not be necessary to appraise any of said lands which have heretofore been appraised under existing provisions of law; and the proceeds of sales of any of said lands heretofore appraised and sold shall constitute a part of the fund herein provided. . After such appraisal, such land shall be and remain subject to sale at the State land office as is now, or shall be hereafter, provided by law, and the principal shall be and remain a perpetual fund for the

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