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said board shall meet at the office of the county clerk on a date to be named in said notice, not more than ten days from the date of such notice, and said board shall appoint a person who is qualified according to statute to fill the vacancy for the unexpired portion of the term of office.
Sec. 5 of Act 199, P. A. 1923, superseding chap. iv of the election code provides that in case of vacancies in any county office, other than county clerk and prosecuting attorney, the judge of probate, county clerk and prosecuting attorney shall appoint some suitable person to fill such vacancy, and the person so appointed
shall hold such office for the remainder of the unexpired term. Teachers, em- (306) § 5888. SEC. 13. The officers of every school disployment of. trict, except as hereinafter provided, which is, or shall here
after be, organized in whole or in part in any city or village in this state, which is incorporated under the general laws or by special enactment, in which enactment special provisions exist in regard to licensing teachers, shall employ only such
teachers as are legally qualified under the preceding sections Proviso. of this act: Provided, That in incorporated cities employing
a principal of the high school and also a superintendent of schools who gives not less than one-third of his or her time to school supervision, the superintendent of schools and the board of education or a committee thereof shall be empowered to examine their teachers and grant certificates to such as are not already legally qualified, at such times and in such form as the superintendent of public instruction shall pre
scribe: Provided further, That no teacher shall be licensed to proviso.
teach in any school or schools of this state by any officer, board or other authority, including every school or school district, regardless of whether existing or created under general or special law, unless the license or certificate is granted at such times and in accordance with such terms
and conditions as shall be prescribed by the superintendent of Further public instruction: Provided further, That cities having proviso.
a special and thoroughly equipped normal training department, under control of a special training teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the primary school interest fund as the number of unqualified teachers employed bears to the whole number of teachers employed in the district. All school districts organized by special enactments shall, through their proper officers, make such reports as the superintendent of public instruction may require.
Section 14 repeals "all acts or parts of acts conflicting with the provisions of this act." As to one effect of this repeal, see Perrizo v. Kesler, 93/284.
An Act to provide for the examination of candidates for admission to the agricultural college by county commissioners of schools.
[Act 101, P. A. 1895.] The People of the State of Michigan enact: (307) § 5890. SECTION 1. That it shall be the duty of Duty of state the state superintendent of public instruction to secure, at ent of public least twice each year, from the president of the Michigan agri- instruction. cultural college, a set of examination questions in all the studies required for admission to said college. It shall also be the duty of the state superintendent of public instruction to send a printed list of said examination questions to each county commissioner of schools.
(308) § 5891. SEC. 2. It shall be the duty of each county Commissioner commissioner of schools to give public notice of this examina- of examition at the time of all regular teachers' examinations, and to nation. submit the questions aforesaid to any candidate who may desire to enter the agricultural college. The examination shall Examinabe conducted in the same manner as are the regular teachers' examinations of the county.
The work of each and every candidate, together with the name and address, shall be forwarded by the commissioner, within five days from the date of the examination, to the president of the college, who shall examine and grade the answers and report to the candidate within five days of the receipt of the paper the result of the examination. A standing of seventy per cent in each branch will admit to freshman class of the college without further examination,
tion, how conducted.
An Act to authorize the county commissioner of schools in each county
to call a meeting of the school officers of the county.
[Act 112, P. A. 1909.]
The People of the State of Michigan enact: (309) § 5820. SECTION 1. Each county commissioner of Meeting of schools in the state of Michigan shall call a meeting of the school officers school officers of his county at least once every two years, said meeting to be held at the county seat or some other convenient place in the county for the purpose of consultation, advice and instruction upon matters pertaining to the management and welfare of the public schools of the county. The call for said Call, what meeting shall include every board of education in the county, whether rural or city. Am. 1919, Act 46.
(310) § 5821. SEC. 2. The school board or board of who shall education shall attend such meeting. The school board or
attend. board of education attending such meeting shall be allowed Expenses and paid the actual traveling expenses going to and return- allowed. ing from said meeting, said sum to be paid from the general
Certificate of fund in the treasury of the school district. The county com
missioner of schools shall issue to each member in attendance a certificate of attendance which shall be filed with the director or secretary of the board, and when filed shall serve as a basis of evidence for drawing the order for expenses of each member of the board.
Superintend- (311) 5822. SEC. 3. It shall be the duty of the superent rufet public intendent of public instruction to assist the county commisduty of.
sioner of school in conducting said meeting of school officers, and he shall attend said meeting either in person or by representative.
Single school district.
Proviso, schools not included.
An Act to provide for the organization and disbandment of township school districts in the state of Michigan. (a)
[Act 117, P. A. 1909.) The People of the State of Michigan enact: (312) 5909. Section 1. Whenever a majority of the qualified school electors in any organized township present and voting, votes in favor of organizing said township into a single school district, such township shall, after the election of trustees as hereinafter provided, be a single school district and shall be governed by the provisions of this act, and in case there are one or more graded school districts in the township having a population of fifteen hundred or less, the qualified school electors in such graded districts shall have the right to sign the petition hereinafter mentioned, and vote on the question of the establishment of such township district, and such graded districts shall become a part of the township district: Provided, however, That any graded school district, the schoolhouse of which is more than two miles from the geographical center of said township, and maintaining a school of ten grades or more shall not be included in such township school district, nor shall it take part in the signing of petitions and the voting to form a township school district as herein provided unless there is first secured the consent of a majority of the legal school electors of such graded school district present and voting at an annual or special meeting held for that purpose. A record of the vote of such annual or special meeting shall be spread upon the records of said district and a copy of such records shall be placed on file in the office of the clerk of the township to which the reports of said district are made. The question of changing any organized township into a single school district to be governed by the provisions of this act, shall not be submitted to the qualified school electors of said township until a petition therefor, signed by one-fourth of the qualified school electors of such (a) Title am. 1919, Act 354.
Record of vote.
When question submitted.
township, requesting the submission of such proposition, shall be filed in the office of the township clerk. Upon the receipt Clerk to
call meeting. and filing of such petition, it shall be the duty of the township clerk to call a meeting of the township board and it shall be the duty of the township board of such township to attend
ich meeting, which shall be held not more than five days after the filing of such petition. It shall be the duty of the Duty of said township board at such meeting to consider the said board. petition with the names appearing thereon, and if it be found and determined that one-fourth of the qualified school electors of said township have signed the said petition requesting that the said township of which they are residents be organized as a single school district under the provisions of this act, it shall be the duty of the township board to call an election at which the question of the organization of the said township into a single school district shall be submitted to the qualified school electors of such township. Such election shall be called Election, by the township board within thirty days after the meeting of the township board at which it is determined that the petition herein provided for is sufficient: Provided, however, Proviso. That if any such petition is determined to be sufficient not more than four months and not less than twenty days prior to the annual township election, such question shall be submitted at the annual township election. Notice of such elec- Notice. tion, whether it be of a special or of the annual election, shall be given by the township board by posting notices thereof at least twenty days prior to date of said election in at least five public places in the township and at least one notice in each organized school district in the township, which notice shall What to state that at such election, giving the date, the question of state. the organization of the township into a single school district shall be submitted to the qualified school electors of the township. The ballots upon which such question shall be sub- Ballot, mitted shall be in the following form: Shall...... (name of township) township be organized into a single school district? ( ) Yes. Shall
... (name of township) township be organized into a single school district? ( ) No. Each ballot which has a cross marked in the square to the left of the word “Yes” on any such ballot shall be counted in favor of the organization of such township into a single school district, and each ballot which has a marked in the square to the left of the word “No” shall be counted against the organization of such township into a single school district. Any such election shall be conducted How conby the township board of election inspectors in the same man
ducted. ner in all respects and the ballots shall be taken, counted, and canvassed in the same manner that is now provided for the counting of ballots under the general election law. When- Trustees, ever a majority of the qualified school electors voting in any township votes in favor of the organization of any township into a single school district, it shall be the duty of the township board to call a township election within fifteen days, at
Notice of election.
Proviso, fractional districts.
Filing of certified copy of petition.
which election the trustees for the township school district shall be elected by the qualified school electors of such township. Ten days' notice of such election shall be given by the township board by posting notices thereof in at least five public places in the township and at least one notice in each organized school district that on the day named in the notice trustees for the township school district will be elected, and it shall be the duty of the township board of election inspectors of such township to conduct such first election and perform such duties in connection therewith as may be necessary to carry out the provisions of this act: Provided, That if in such township, or as a part of such township, there are fractional school districts already organized, the schoolhouse of which is within the boundaries of the township, such fractional districts shall be considered a part of the township for school purposes, and qualified school electors residing any. where in such fractional school districts shall be qualified to sign the petition for or vote upon the question of the organization of the township district: Provided further, That qualified school electors residing in fractional districts of the township, the schoolhouse of which is without the township, shall not be qualified to sign the petition for or vote upon the question of the organization of the township school district. The township board shall make and file, both with the county clerk and with the county commissioner of schools of the county in which such township is located, a certified copy of the above mentioned petition together with its findings and decision thereon, and when the trustees or district officers shall have been duly elected and shall have filed a written acceptance of office with the township clerk of such township and shall have complied with the general provisions of this act pertaining to the election and acceptance of school officers, the said board of education shall immediately become the custodian of all the property pertaining to the public schools of the township and shall have all the powers and privileges conferred upon school officers by the general laws of this state, and said general laws shall apply and be in force in such district in all particulars not otherwise provided for in this act: Provided, That immediately upon the organization of the board of education herein provided for said board shall call a meeting of the officers of the school districts of the township as heretofore existing, if any, and at such meeting there shall be an accounting of the property, records, and funds of such districts and a settlement of the same, and the officers of the several school districts of the township as heretofore existing shall immediately thereafter turn over to the said board of education all the books, records, money, property, and other matter or material in their possession and belonging to the public schools of their respective districts to the township board of education and said board shall give to such officers proper receipts, and the secretary of said board of education shall place a full statement of such several