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duplicate by annuitants. Said duplicate receipts shall be re- Duplicate
turned to the secretary of the board, and one of them shall be
retained in his office and the other shall be filed in the office
of the state treasurer.

3. Each annuity shall date from the time when the retire- Date of ment fund board shall grant the application for the retire- annuity. ment of the annuitant. (454) § 5776. SEC. 10. Any teacher who shall cease to Cessation of

teaching. teach in the public schools of this state before receiving any annuity from the retirement fund, shall, if application be made in writing to the retirement fund board within four months after the date of such cessation, be entitled to the return of one-half of the amount, without interest, which shall have been paid into the fund by such teacher. If such teach- Return to er should again thereafter teach in said public schools, he or teaching. she shall, within one year from the date of his or her return to the service in said public schools, return to the retirement fund the amount so returned to such teacher, together with simple interest on said amount at the rate of five per centum per annum, for the time such amount was withdrawn from the fund. (455) § 5777. SEC. 11. If any person retiring under Resumption

of teaching. this act shall resume teaching in this state or elsewhere, the annuity paid to such person shall cease during the time of teaching, but shall again be paid after a subsequent retirement. (456) § 5778. SEC. 12. The term “teacher” as used in Definition, of

"teacher.' this act shall include all persons employed in teaching by any city board of education or school board of any city, town, village or rural school district in this state, and all superintendents and assistant superintendents of said schools, all supervisors of instruction, all principals and assistant principals, and special teachers of said schools. It shall in- Others clude county school commissioners, county normal teachers, the superintendent of public instruction and his deputies. It shall include all persons employed in teaching or educational work in the following public institutions: Industrial home for girls, industrial home for boys, Michigan employment institution for the blind, school for the blind, school for the deaf and state public school and state normal colleges and normal schools. The words "retirement fund” as used in this “Retirement act shall mean the Michigan state teachers' retirement fund for public school teachers as established by this act.

(457) § 5779. SEC. 13. There is hereby established the of what fund Michigan state teachers' retirement fund for public school teachers, which shall consist of

(1) All contributions made by teachers as herein provided;

(2) All donations, gifts, legacies and bequests which shall be made to establish a permanent fund, of which the income but not the principal shall be used for the purposes hereof;


fund" defined.

to consist.

Act not to apply.

Proviso, when to apply.

(3) The income derived from the investment of said permanent fund.

(458) $ 5780. Sec. 14. This act shall not apply to any school district wherein public school teachers are required or authorized to contribute to a teachers' retirement fund, or in which such teachers are entitled to annuities or pensions, in accordance with any special or local act: Provided, however, That any school district, now having a local teachers' retirement fund may, upon request of two-thirds of the teachers contributing to said fund, by a majority vote of the qualified electors of said school district, discontinue said fund, and then the provisions of this act shall apply to such district in like manner as to other districts of the state. Thereupon all funds held for the purpose of such local retirement or annuity fund, after payment of any outstanding obligations other than annuities, shall be paid into the state treasury and credited to the permanent retirement fund herein provided for. All persons who previously to such determination by the state retirement fund board have become entitled to annuity from such local fund, shall become annuitants under this act and shall receive the same maximum amount thereafter that they would have received from such local fund, and the teachers of such district shall contribute thereafter to the state retirement fund, as is provided in section six of this act, and shall be entitled to the same rights and privileges hereunder and be subject to the same duties and obligations as are the teachers of other districts.

An Act to provide for the safe keeping of public moneys.

[Act 131, P. A. 1875.]

The People of the State of Michigan enact: “Public

(459) § 298. SECTION 1. That all moneys which shall moneys" defined. come into the hands of any officer of the state, or of any offi

cer of any county, or of any township, school district, high-
way district, city or village, or of any other municipal or pub-
lic corporation within this state, pursuant to any provision of
law authorizing such officer to receive the same, shall be de-
nominated public moneys within the meaning of this act.
See Fire and Water Comm’rs v. Wilkinson, 119/659.

As to county treasurers, see Perley v. Muskegon Co., 32/132. See, also, § 2366,

C. L. 1915, and notes. Public

(460) $ 299. SEC. 2. It shall be the duty of every officer separate from charged with the receiving, keeping, or disbursing of public

moneys to 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

other funds.


(461) § 300. Sec. 3. No such officer shall, under any How used. pretext, use, 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. (462) $ 301. SEC. 4.

SEC. 4. In all cases where public moneys Interest to are authorized to be deposited in any bank, or to be loaned general fund. to any individual, firm, or corporation, for interest, the interest accruing 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.

(463) 302. SEC. 5. In no case shall any such officer, Officers not to directly or indirectly, receive any pecuniary or valuable con- sideration for sideration as an inducement for the deposit of any public

deposits of moneys with any particular bank, person, firm, or corporation.

Provisions (464) $ 303. Sec. 6. The provisions of this act shall apply to all deputies of such Officer or officers, and to all apply to depclerks, agents, and servants of such officer or officers. (465) § 304.

Sec. 7. Any person guilty of a violation Penalty for of any of the provisions of this act shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, or imprisonment 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 Proviso. prevent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute.

(466) § 305. SEC. 8. Any officer who shall wilfully or Penalty for corruptly draw or issue any warrant, order, or certificate for ment of the

payment of money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section.

of act to




An Act to revise and consolidate the laws relative to the state board

of education.

[Act 194, P. A. 1889.)

The People of the State of Michigan enact: (467) $ 1190. SECTION 1. That for the purpose of ren- To be body dering more efficient their organization, and to enable them corporate. 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

To hold property of normal school, etc.


Further proviso.

Power of board.


are hereby empowered to purchase, have, hold, possess and enjoy to themselves and their successors, all the lands, tenements, hereditaments, goods, chattels and effects of every kind now belonging to the state normal school 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: Provided, The same be not repugnant to the constitution or laws of this state or of the United States : Provided further, That said corporation shall be subject to the provisions of chapter fiftyfive of the revised statutes of eighteen hundred and forty-six, so far as the same can apply, and are not inconsistent with the provisions of this act.

Chapter 55 of the revised statutes of 1846 contains the "general provisions relating to corporations" and will be found in chapter 230, $ $ 11328-42, C. L. 1915. See acts 138 and 178 of 1849, establishing a state normal school.

(468) $ 1191. SEC. 2. Said board shall have power to transact all necessary business at any meeting, a quorum being present. Said board shall make and provide such bylaws 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 members. All processes against said board of education shall be served on the president or secretary thereof.

(469) $ 1192. SEC. 3. The state board of education shall continue 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 for said school 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.

(470) $ 1193. SEC. 4. No member of said board of education shall, during his continuance in office, act as the agent of any publisher 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.

(471) $ 1194. Sec. 5. Said board shall provide all necessary courses of study to be pursued in the normal school and 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 may direct.

Of the normal school.


Members not to act as agent for publishers, etc.

Course of study, training school, etc.

cates, when

(472) § 1195. Sec. 6. Upon the completion of the course Certificate to specially prescribed as hereinbefore provided for the rural granted, term and elementary graded schools, said board of education shall, of, etc. 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 studies 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: Pro- Proviso. vided, 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.

(473) $ 1196. SEC. 7. Upon the completion of either of Life certifithe advanced courses of study prescribed by said state board,

granted, etc. 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 May be shall set forth a list of the studies of the course completed

revoked. and, when given, shall operate as a life certificate, unless revoked by said state board of education.

(474) § 1197. SEC. 8. The board of education shall make Admission such regulations for the admission of pupils to said school of pupils. as it shall deem necessary and proper: Provided, That the Proviso. applicant shall, before admission, sign a declaration of intention to teach in the schools in this state.

(475) § 1198. SEC. 9. Said board of education shall ap- To appoint point each year three visitors whose duty it shall be to ex- port of, etc. amine 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 expenses, to be paid out of the funds of said board: Provided, That not more than two visits shall be made by Proviso. any board of visitors.

(476) $ 1199. SEC. 10. Said board of education shall Report of make to the legislature, at every regular session thereof, a

etc. report setting forth:

First, The work done by the school since the last report;
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

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