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trustees the person or persons receiving a majority of all the
meeting, July in each year, at the usual place of holding the annual where held. township meeting, and it shall be the duty of the secretary to Notice given. give notice of all annual meetings and of any special meeting of said district by posting a written or printed notice thereof in at least five conspicuous places in said township at least five days prior to said meeting. At the first school meeting and all succeeding annual meetings the polls shall open at three o'clock p. m., and be kept open four hours, during the last hour of which time the voters shall transact such business as may lawfully come before them, according to the provisions of section nine of this act, except where the board of education of any district has designated a different hour, during said four hour period, for the transaction of such business and notice thereof has been given in the notice of such meeting, then such business may be transacted during such designated hour. In all townships organized prior to Organizations April first, nineteen hundred three, under the provisions of prior to April act number one hundred seventy-six of the public acts of eighteen hundred ninety-one, the first election of trustees under this act shall be held on the second Monday of July, nineteen hundred three, in the manner provided in this section for the election in a township newly organized as a single school district; and immediately thereafter the records, property and documents belonging to said district shall be turned over to the newly elected board of education: Provided, That Proviso, the district officers elected at the annual election in April, April, 1903. nineteen hundred three, under the provisions of act number one hundred seventy-six of the public acts of eighteen hundred ninety-one, shall act as the board of education until the trustees elected on the said second Monday in July, nineteen hundred three, shall have filed their acceptances and become duly qualified. Am. 1919, Act 138. Perrizo v. Kesler, 93/283; People v. Anderson, 198/39.
(340) § 5894. Sec. 3. Within five days after the first officers, how election under this act, the township clerk shall notify, in notified of writing, the persons elected trustees 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: Provided, Proviso. That after the district shall have been organized under the provisions of this act, the members of the board of education shall file their acceptances with the secretary of the board. (341)
§ 5895. SEC. 4. The members of the board of edu- Board of cation shall meet on the fourth Monday of July following the education, first election under this act and elect from their number a organized.
Duties of president.
president, a secretary, and a treasurer, who shall severally serve in such capacity during his term of office and until his successor shall have been duly elected and duly qualified. The president shall preside at all meetings of the district, and of the board, and perform such other duties as are required of the moderator in a primary school district. The secretary shall faithfully record all proceedings of annual and special meetings of the district and of all meetings of the board, receive and file all records, papers, and other documents belonging to the district, and perform such other duties as are required of the director in primary school districts.
It shall be the duty of the treasurer in each district to execute and file with the secretary, within ten days after his election or appointment, a bond in the full amount of money to come into his hands as such treasurer during his term of office, as near as the same can be ascertained, with two sufficient sureties who shall be residents of the same county, or shall furnish a similar bond of some surety company authorized to do business in this state, to be approved by the president and secretary of the board, 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. It shall be the duty of the treasurer of said board to apply for and receive from the township treasurer, or other officer holding the same, on the presentation of a warrant signed by the president and secretary of the school board, all moneys appropriated or apportioned for primary schools and for district library of said district. The said treasurer shall have the keeping of all school and library moneys, and shall not pay out the same without the authority of the board, upon warrants or orders drawn upon him and signed by the secretary and countersigned by the president; and he shall perform such other duties as are required of the treasurer in primary school districts.
(342) § 5896. Sec. 5. Said board of education shall have power to fill all vacancies that may occur in the office of trustee until the next annual election, and such trustee shall file with the secretary of said board his oath of office within five days after such appointment by the board.
(313) $ 5897. Sec. 6. A majority of the members of said board shall constitute a quorum, and the regular meetings of said board shall be held on the fourth Monday of March, June, September, 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 secretary; and the secretary, upon receiving such request, shall at once notify each member of said board of the time of holding such meeting, which shall be at least two days
subsequent to the time of receiving such request by said secretary: Provided, That in case all the members shall sign a Proviso. waiver of notice on the minute book of the secretary no notice shall be necessary. All records and papers of said district shall be kept in the custody of said secretary and shall be open to the inspection of any qualified voter of said district. Schafer v. Sch. Dist., 116/206.
(344) § 5898. SEC. 7. The said board shall be the board to be board of school inspectors for said district and shall, as such, report inspectors. 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 secretary 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.
(345) § 5899. SEC. 8. The board of education of said Powers and district shall have power and authority to designate and purchase schoolhouse 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 interest fund; and said board shall have authority to make all needful regulations and by-laws relative to the visitation of schools; relative to the length of time school shall be kept, which shall not be less than five months in each year; relative to the employment of teachers duly and legally qualified; relative to the regulation of schools and the books to be used 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 of the children thereof. When in any contiguous territory of said township district there are ten or more children of school age, living not less than three miles, nor more than eight miles, from any schoolhouse in said district, the board of education shall, upon the petition of a majority of the parents or legal guardians of said children, provide school advantages for such children, either by establishing a sub-district, or by providing transportation to some school already established within the township. Perrizo v. Kesler, 93/283.
(346) § 5900. Sec. 9. At each annual school meeting held Electors to in said township, the qualified voters present shall determine determine the amount of money to be raised by tax for all school pur- raised. poses for the ensuing year: Provided, That in case the voters Proviso. at any annual school meeting shall neglect or refuse to determine the amount to be raised as aforesaid, then the board
Treasurer to report to board.
Board to make annual statement.
of education shall determine the same at the first regular meeting thereof, which amount the secretary shall, within thirty 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 schoolhouses 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.
Auditor General v. Duluth, South Shore, etc., Ry., 116/122; Auditor General v. Sparrow, 116/576.
(347) § 5901. 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.
(348) § 5902. 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 secretary of said board of education, countersigned by the president, pay to the treasurer of said board, all or any of such money.
(319) S 5903. SEC. 12. The said board shall annually, prior to the second Monday of July in each year, make a detailed statement of the number of schools in said district, the number of teachers employed, the number of pupils instructed therein during the preceding year, the expenditures of said board for all purposes, the resources and liabilities of said district, and also an estimate of the necessary expenses for the ensuing year exclusive of the income from the primary school interest fund and one mill tax, 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 secretary thereof, to the voters of said township, at their annual meeting on the second Monday of July.
The purpose of requiring a statement and estimate to be made, entered in the record, and read at the annual meeting, being to advise the voters there present of the condition of the school and its finances, where a detailed statement was read at the annual meeting, the omission to enter same upon the record was properly held by the court below not to avoid the tax.--Auditor General v. Ayer, 211/244.
(350) § 5904. SEC. 13. All school property, both real and personal, 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 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.
While the injustice and inequality of this section may well be admitted in certain cases, yet there is no constitutional objection to it.-Perrizo v. Kesler, 93/283-4.
Disposition of school property.
raised by tax.
(351) § 5905. Sec. 14. All money raised or being raised of moneys by tax, or accrued or accruing to the school districts of said township, as organized under the primary school laws of this state shall hereby become the money of the public schools 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.
(352) $5906. SEC. 15. The compensation of the mem- Compensation bers of the board of education other than the secretary and treasurer shall be two dollars for attendance at each regular meeting of the board. The secretary and treasurer of said board shall receive such compensation for their services as the board of education may determine, not exceeding one hundred dollars for the treasurer and one hundred twenty-five dollars for the secretary, per annum.
(353) § 5907. SEC. 16. When any township district shall In case of be divided into two or more townships, the existing board of township. trustees shall continue to act for all the townships until the same shall have been organized and the township boards of trustees duly elected and qualified therein. Immediately after such organization the township boards of education 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 of education shall make an equitable division of the existing assets and liabilities of the school districts 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 Alteration, township district shall be altered in its limits by annexing a portion of its territory to another township or townships, the township boards of education 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 districts 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. Sections 17 and 18 of this act were added by Act 154 of 1903; Act 7, P. A. 1909, repealed sections 17 and 18 as so added, and again added section 17 which repealed all contravening acts.