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Duty of township clerk, etc.
Organization of board, etc.
next subsequent to the filing of the petition as set forth in section one of this act there shall be elected two trustees for said district by the electors thereof, one of whom shall hold his office for the term of one year, and the other one for the term of two years, and until their successors shall be elected and qualified, and the time for which the person voted for is intended, shall be designated on the ballot, and at each election thereafter to be held one trustee shall be elected in said district, who shall hold his office for the term of two years, and until his successor shall be elected and qualified, said trustee to be designated on the ticket or ballot for “ Member of board education.”
SEC. 3. Within five days after the annual election the township clerk shall notify, in writing, the persons elected trustees under this act of their election, and within five days thereafter said trustees so elected shall take and subscribe the oath of office prescribed by the constitution of this State, before any officer authorized to administer oaths, and file the same with the township clerk. The term of office of the [trustee] trustees of said district shall commence on the second Monday following the annual township election at which they are elected.
SEC. 4. The members of the board of education shall meet on the third Monday of April of each year, at the office of the township clerk, and organize. The school inspector of the township whose term of office will soonest expire shall be president of the board and shall be entitled to vote in 'all cases. In the absence of the president at any meeting a majority of the members present may choose one of their own number president pro tem.
The township clerk of said township shall be ex officio clerk of said board of education, and shall be entitled to vote thereon, and in case of the absence of said clerk the board may choose some suitable person to perform his duties. Said board shall on said third Monday of April in each year elect from their own number a treasurer, who shall hold his office for one year and until his successor is elected and qualified and may at any time fill a vacancy in the office of treasurer: Provided, That the person appointed to fill a vacancy in the office of treasurer shall hold the office for the unexpired portion of the term only. The treasurer of said board shall within five days after his appointment as such treasurer, file with the clerk of said board the constitutional oath of office. He shall also, before entering upon the duties of his office, give a bond to said district in such sum and with such sureties said board shall determine and approve, conditioned for the faithful performance of his duties under this act, and honestly accounting for all moneys coming into his hands belonging to said district. The treasurer of said board shall have the keeping of all school and library moneys, and shall not pay out the same
To give bond.
without the authority of the board, upon warrants or orders drawn upon him and signed by the clerk and countersigned by the president.
SEC. 5. Said board of education shall have power to fill vacancies. vacancies that may occur in the office of trustee until the next annual election, and such trustee shall file with the clerk of said board his oath of office within five days after such appointment by the board.
Sec. 6. A majority of the members of said board shall Quorum, moet constitute a quorum, and the regular meetings of said ings, etc. board shall be held on the third Monday of April, August and December in each year, and no notice of such meeting shall be required, and any two members of said board shall be sufficient to adjourn any meeting from time to time until a quorum is present. Special meetings of said board may be called at any time on the request of the president, or any two members thereof, in writing, delivered to the clerk; and the clerk upon receiving such request shall at once notify each member of said board, if within said district, of the time of holding such meeting, which shall be at least three days subsequent to the time of receiving such request by said clerk. All [the] meetings of said board shall be held at the township clerk's office, unless otherwise ordered by a resolution of the board; and all records and papers of said district shall be kept in the custody of said clerk and shall be open to the inspection of any taxpayer of said district.
SEC. 7. The said board shall be the board of school Board to report, [inspection) inspectors for said district and shall, as such, etc. report to the clerk of the county in which such township is located and shall have all the powers and perform all the duties now enjoyed and performed by boards of school inspectors, and the president of said board shall perform all the duties required by law of the chairman of the board of school inspectors, and the board of school inspectors for such township is hereby abolished except as its powers are vested in said board of education.
SEC. 8. The board of education of said district shall have Powers of board, power and authority to designate and purchase school house etc. sites, erect buildings and furnish the same, employ legally qualified teachers, provide books for district library, make by-laws relative to taking the census of all children in said district between the ages of five and twenty years, and to make all necessary reports and transmit the same to the proper officers, as designated by law, so that the district may be entitled to its proportion of the primary school fund; and said board shall have authority to make all needful regulations and by-laws relative to visitation of schools; relative to the length of time schools shall be kept, which shall not be less than three months in each year; relative to the employment of teachers duly and legally qualified; relative to the regulations of schools and the books to be used
Of assessment roll,
therein, and generally to do all things needful and desirable for the maintenance, prosperity and success of the schools
of said district, and the promotion of a thorough education Treasurer to ap- of the children thereof. It shall be the duty of the treasply for moneys.
urer of said board to apply for and receive from the township treasurer or other officer holding the same, all moneys appropriated for primary (schools] school and district library
of said district. Tax for school SEC. 9. At each annual township meeting held in said
township, the qualified electors present shall determine the amount of money to be raised by tax for all school purposes for the ensuing year: Provided, That in case the electors at any annual township meeting shall neglect or refuse to determine the amount to be raised as aforesaid, then the board of education shall determine the same at any regular meeting thereof, which amount the township clerk shall, within sixty days thereafter, certify to the supervisor of the township, who shall spread the same upon the regular tax roll of said township, and the same shall be levied, collected and returned in the same manner as other township taxes: Provided, That for purchasing school lots and for erecting school houses, no greater sum than three mills on the dollar of all the taxable valuation of the real and personal property in said township shall be levied in any one year.
SEC. 10. All taxes assessed within said township for school purposes shall be set forth in the assessment roll of said township, in a separate column, apart and distinct from all other township taxes.
SEC. 11. The treasurer of the township shall at any time, at the written request of said board of education, report to said board the amount of school money in his hands, and shall, on the order of the president of said board of educa, tion, pay to the treasurer of said board all such money, taking his receipt therefor, and also a duplicate receipt which he shall file with the clerk of said board.
SEC. 12. The said board shall annually, prior to the first day of April in each year, make a detailed statement of the number of schools in said district, the number of teachers employed, and the number of pupils instructed therein during the preceding year, and the expenditures of said board for all purposes, and also the resources and liabilities of said district, which report or statement shall be entered at length in the record of said board and shall be publicly read by the president of said board, or in his absence by the clerk thereof, to the electors of said township at their annual meeting on the first Monday of April thereafter, at the
hour of twelve o'clock, noon. Disposition of SEC. 13. All school property, both real and personal, schoul property. within the limits of a township incorporated as aforesaid,
shall, by force of this act, become the property of the public schools of such township, and all debts and liabilities of the primary school districts of said township, as they existed
Treasurer to report, etc.
Board to make statement, etc.
prior to its incorporation under the provisions of this act, shall become the debts and liabilities of said public schools of the township so incorporated.
Sec. 14. Al money raised or being raised by tax, or of moneys raised accrued or accruing to the school districts of said township, by tax, as organized . under the primary school laws of this State shall hereby become the money of the public school of the township and no tax heretofore ordered assessed or levied for school purposes in said township or other proceedings shall be invalidated or affected by means of this act.
SEC. 15. The compensation of the members of the board Compensation of of education shall be one dollar and fifty cents for each day's board, etc. actual service rendered for said district, and the clerk and treasurer of said board shall receive such compensation for their services as the board may determine, not exceeding fifty dollars each per annum.
SEC. 16. When any township district shall be divided when township into two or more townships, the existing board of trustees 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 à township district shall be Alteration of altered 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.
This act is ordered to take immediate effect.
[ No. 177. ]
session laws of eighteen hundred forty-nine, entitled “An
What society entitled to aid, etc.
agement of agriculture, manufactures, and the mechanic arts," approved March sixteen, A. D. eighteen hundred forty-nine, being section two thousand two hundred ninetyeight of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows, to wit:
SECTION 1. In any county in this State, where the inhabitants thereof have organized and established or may hereafter organize and establish a society for the encouragement and advancement of agriculture, manufactures and the mechanic arts and shall raise from said society, annually, the sum of one hundred dollars or over, for the promotion of the above objects in said county, which fact shall be certified by the president and secretary of the society under oath, and a
certificate thereof shall be filed with the clerk of the board Board of super. of supervisors. The board of supervisors of said county at visors may love their annual session in each and every year may, at their
option, levy a tax of not more than one-tenth of one mill on
This act is ordered to take immediate effect.
[ No. 178. ]
AN ACT to amend section twenty-five of act one hundred
thirty-seven of the laws of eighteen hundred and fortynine, relative to authorizing proceedings against garnishees and for other purposes, as amended, being section eight thousand fifty-five of Howell's Annotated Statutes of eighteen hundred eighty-three and eighteen hundred ninety, and to add thereto a new section to stand as section twenty
SECTION 1. The People of the State of Michigan enact, amended. That section twenty-five of act one hundred and thirty
seven of the laws of eighteen hundred and forty-nine, as amended, being section eight thousand and fifty-five of Howell's Annotated Statutes of eighteen hundred eightythree and eighteen hundred ninety, be amended so as to
read as follows: Garnishee pro- Sec. 25. Corporations, whether foreign or domestic, other ceedings against than municipal, may be proceeded against as garnishees, in corporations
the same manner and with like effect, as individuals under
the provisions of this act and the rules of law regulating Service of
proceedings against corporations, and the summons against the garnishee, in such case, may be served on the president, cashier, secretary, treasurer, general or special agent, super