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shall make an equitable adjustment of property and debts, so as to proportion them fairly among the districts which have succeeded to the jurisdiction of that which has been divided.-Halbert v. Sch. Districts, 36/421. Where a school district has been subdivided and other districts set off, the debts of the original district cannot be parceled out among all by a proceeding in the courts, so as to give creditors a remedy against any but the original debtors.-Turnbull v. Alpena Sch. Dist., 45/496; Maltz v. Board of Education, 41/547. A debt once existing must remain a debt against the corporation that created it, and its obligation is not destroyed by a change in corporation limits. If contribution is required, it must be obtained by the corporation and not by its creditors, unless otherwise provided by law.-Turnbull v. Alpena Sch. Dist., 45/499.


(39) § 5661. Sec. 14. The annual meeting of all school Annual meetdistricts, except where otherwise provided by special enact- ing; when

held. ment, shall be held on the second Monday in July of each year. Any school district at an annual or special meeting of its legal voters may vote to hold its annual meeting on the second Monday of June. The school year shall commence on the second Monday of July, and the trustees and officers of the district shall date their terms of office from said day, and until their successors are elected and qualified: Provided, Proviso. That any school district organized and operating under a special act may vote at an annual or special meeting to hold its annual meeting on the second Monday in July or the second Monday in June. Am. 1921, Act 5; 1923, Act 195.

(40) § 5662. SEC. 15. Special meetings may be called Special by the district board; and it shall be the duty of said board,

meetings. or any one of them, to call such meetings on the written request of not less than five legal voters of the district, by giving the notice required in the next succeeding section; but no when may

not be called. special meeting shall be called unless the business to be transacted may lawfully come before such meeting, and no business shall be transacted at a special meeting unless the same be stated in the notice of said meeting.

NOTICE: Liberal rules of interpretation must be applied to these notices, and if they be such as, under a fair construction, to give notice to the electors of the purpose for which the meetings are called, they must be held sufficient.--Peters v. Warren Twp., 98/55.

SPECIAL MEETING: In order to constitute a legal school meeting, the evidence must show that a legal petition was presented and a legal notice of the meeting given. --Cent. Sch. Supply House Sch. Dist., 99/402; Johnston Mitchell, 120/589. Use by a school board, in calling a special meeting, of a blank form of notice prepared by a lawyer at the request of one who was not a member of the board, is insufficient to show a ratification on its part of a promise by such third person that the board would pay a specified sum for the legal services rendered.--Leonardson School District No. 3 of Troy Township, 1:5/209.

(41) § 5663. Sec. 16. All notices of annual or special Notices of district meetings, after the first meeting has been held as meetings. aforesaid, shall specify the day and hour and place of meeting, and shall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meeting shall be posted at the outer door of the district schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days

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Proviso, previous thereto: Provided, That when any of the district who to give.

board shall receive a request to call a special meeting, as provided in the preceding section, he shall forthwith give notice, as above provided, of said meeting, which shall be called in not less than six nor more than twelve days from the time the said officer shall receive the notice aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent.

Schafer v. Sch. Dist. No. 1 of Baraga, 116/206; Johnston v. Mitchell, 120/589. Who qualified (42) § 5664. SEC. 17. In all school elections including

school elections held in districts organized and governed in whole or in part by a local act or acts, and including cities of the fourth class, any provisions in such local act or acts to the contrary notwithstanding, every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the district, or who is the parent or legal guardian of any child of school age included in the school census of said district, and

who has resided in said district three months next preceding On voting said election, shall be a qualified voter. On the question of school taxes.

voting school taxes, every citizen of the United States of the age of twenty-one years, male or female, who owns property which is assessed for school taxes in the district, and who

has resided in the district as above stated, shall be a qualified Proviso, voter: Provided, That the purchaser of land upon a land

contract, who actually pays the taxes upon such land and resides thereon, may vote upon all questions; and where a husband and wife own property jointly and same is assessed for school taxes in the school district, each may, if otherwise

qualified, vote upon all questions including the question of Proviso, cities raising money: Provided, however, That this act shall not be

applicable in any city having a population of one hundred twenty-five thousand inhabitants or over which comprises a single school dist ct, but in such cities all electors who shall possess the qualifications specified in section one, article three, of the constitution of this state shall be qualified voters in all school elections in such cities and shall be registered in the same manner provided by law for the registration of electors in any such cities.

land contracts.

of 125,000 or over.

Am. 1917, Act 7; 1921, Act 301.

Challenging voters.

(43) § 5665. SEC. 18. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the chairman shall tender to him an oath, in substance as follows: “You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now

Oath to challenged voter.

attached to this school district, and that you pay a school
district tax therein;" and every person taking this oath
shall be permitted to vote upon all questions proposed at such
meetings. Or he may take the following oath, to wit: "You
do swear (or affirm) that you are a citizen of the United
States, that you have been for the last three months an actual
resident of this school district, or residing upon property now
attached to this school district, and that you are the parent
or legal guardian of one or more children now included in the
school census of the district ;” and he may vote upon all
questions which do not directly involve the raising of money
by tax. If any person so challenged shall refuse to take such
oath, his vote shall be rejected; and any person who shall
wilfully take a false oath, or make a false affirmation, under
the provisions of this section, shall be deemed guilty of per-
jury. When any question is taken in any other way than by
ballot, a challenge immediately after the vote has been taken
shall be deemed to be made when offering the vote, and treated
in the same manner.
Belles v. Burr, 76/6; Menton v. Cook, 147/542.

(44) § 5666. Sec. 19. If at any district meeting any per- Disorderly son shall conduct himself in a disorderly manner, and, after

persons at

district notice from the moderator or person presiding, shall persist meetings. therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any per- Penalty for son who shall refuse to withdraw from such meeting on being meeting. so ordered as herein provided, and also any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the township, ward, or city where such offense shall be committed, shall have jurisdiction to try and determine the same.

(45) § 5667. Sec. 20. The qualified voters of any school Power of district when lawfully assembled at the first and at each voters at annual meeting or at an adjournment thereof, or at any meeting. special meeting lawfully called, except as hereinafter provided, shall have power:

First, At the first meeting and at any meeting after the Chairman. organization of the district, in the absence of the moderator, to appoint a chairman for the time being and, in the absence of the director, to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify same to the director, to be by him entered in the records of the district;

Second, To adjourn from time to time as occasion may re- Adjournment. quire;

Elect officers.


Purchase, etc.

Tax limit.

Building fund.


Third, To elect district officers as herein provided, and to determine at what hour the annual meeting shall be held;

Fourth, To designate as hereinafter provided a site or such number of sites as may be desired for school houses, and to change same when necessary;

Fifth, To direct the purchasing or leasing of a site or sites lawfully determined upon; the building, hiring or purchasing of a schoolhouse or houses, or the enlarging of a site or sites previously established;

Sixth, To vote such tax as the meeting shall deem sufficient to purchase or lease a site or sites, or to build, hire or purchase a school house or houses; but the amount of taxes to be raised in any district for the purpose of purchasing or building or altering a school house or houses in the same year that any bonded indebtedness is incurred shall not exceed two hundred fifty dollars in districts containing less than ten children between the ages of five and twenty years; in districts having between ten and thirty children of like age it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age it shall not exceed one thousand dollars; the foregoing tax when levied and collected, together with all funds derived from bonding for the same purposes, when received by the treasurer, shall be accounted for under the title of "building fund”: Provided, That the money belonging to the building fund shall be used for no other purpose than that for which it was raised without a consenting vote of two-thirds of the tax-paying voters of the district present and voting at said election;

Seventh, To determine the amount of money to be raised by tax for all school purposes, except as otherwise provided by law; the tax herein provided for, together with the onemill tax, when collected and received by the treasurer shall be accounted for under the title of “General fund”;

Eighth, To authorize and direct the sale of any school house, site, building or other property belonging to the district, when the same shall no longer be needed for the use of the district;

Ninth, To give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party or interested;

Tenth, To appoint as in their discretion it may be necessary a building committee to perform such duties in supervising the work of building a school house as they may by vote direct;

Eleventh, At the first and annual meeting only to determine the length of time a school shall be taught in their district during the ensuing year, which shall not be less than nine months in all districts, except in school districts having an assessed valuation of less than seventy-five thousand dol. lars, the minimum number of months shall not be less than eight, and in school districts having an assessed valuation of less than thirty thousand dollars and having less than thirty

Other purposes.

Sale of
school house,


Building committee.

School terms.

children of school age, the minimum number of months shall not be less than seven, on the pain of forfeiture of their share of the primary school interest fund; but in case the people do not determine the length of the school year, then the district board shall determine the same, and in case the board or the district fix the length of the school year, and later in the year it is found desirable to increase the length of said school year, such action may be taken at a properly called special school meeting, or the board may take such action on petition of a majority of the resident qualified voters: Provided, Proviso. That each school district may at an annual or special meeting vote to discontinue school in the district for the ensuing or current year and determine that the children resident therein shall be sent to another school or schools: Provided, Proviso, That during the fiscal years ending June thirty, nineteen maintenance,

appropriation. hundred twenty-two, and June thirty, nineteen hundred twenty-three, the sum of two hundred dollars shall be paid out of the state treasury to any primary school district maintaining a one-room school for nine months in any school year if the school tax of the district on each one thousand dollars assessed valuation for seven months' school is twelve dollars or more for maintenance, exclusive of the two hundred dollars state appropriation. The cost of school sites, school buildings, and the alteration of school buildings shall not be included in determining the cost of maintenance. The audit- When auditor or general, receipt of a certified statement from the general to

draw warrant. superintendent of public instruction, of the school district entitled to receive said sum, shall draw a warrant upon the state treasurer in favor of the treasurer of each of said school districts entitled to the amount herein designated. There is hereby appropriated out of the moneys in the treas- Appropriaury of the state of Michigan the sum of twenty-five thousand tion, annual. dollars for the fiscal years ending June thirty, nineteen hundred twenty-two, and the sum of twenty-five thousand dollars annually thereafter, or so much thereof as may be necessary for carrying out the purposes of this act. The auditor general shall incorporate in the state tax for the year nineteen hundred twenty-one, and each year thereafter, the sum of twenty-five thousand dollars, or such part thereof as shall be necessary when collected to reimburse the general fund for the amount hereby appropriated and for the carrying out the purposes of this act, or it may vote to send only the children of the seventh and eighth grades to another school or schools if there are thirty-five or more children who attend school in the district, and when such action has been ken the school board shall have authority to use any funds, except library funds, in the hands of the treasurer to provide and equip a vehicle, to pay the tuition and trans- Vehicles. portation of all such children, and if necessary vote a tax for such purposes. The vehicle used for the transportation of the Capacity, children when the school is closed shall be of ample capacity, etc. shall be enclosed to keep out rain or snow and shall be provided with robes and footwarmers during cold weather. Am. 1921, Act 313.

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