Sum included in budget to maintain classes, etc.

Per capita.

Tuition to other school.

Vouchers to superintendent of public instruction.

schools or classes, including the salaries of teachers, special equipment, special material, together with such other facts relative to such schools or classes as the superintendent of public instruction may deem necessary for the proper administration of this act.

(618) SEC. 4. The board of education of a school district where one or more such schools or classes are established shall include in its annual budget a sufficient sum to provide special service for said pupils and to maintain said schools or classes and out of said sum it shall pay said teacher or teachers monthly. To reimburse said city or district for such expenditure, the state treasurer is hereby authorized to pay to the treasurer of the proper school district, out of the general fund of the state, on or or before July first in each year, upon the warrant of the auditor general, the actual expense incurred for teachers' salaries, for the purchase of the necessary special school equipment and for any special services required for such schools or classes, which shall have been conducted in accordance with this act during the same number of months of school as is prescribed for the school district for other classes, as shown by vouchers filed with the auditor general and certified to be correct by the superintendent of public instruction. The total amount per pupil paid to any one school district for the purpose herein provided shall not exceed the difference between the average per capita cost of instruction and equipment for the other children in the first eight grades of said school district and the average per capita cost required to pay teachers' wages and the cost of the necessary special school equipment to educate the children enrolled in the classes established for those children who may be included within the provisions of this act. In no case shall the amount paid exceed two hundred dollars for each child instructed in said school district during the school year, and a part of such sum proportionate to the time of instruction of any pupil so instructed less than the number of months prescribed for the school district for the year. The board of education of any school district that does not maintain a class for the children named in this act may pay the tuition of any such children to a school, maintaining such schools or classes.

(619) SEC. 5. The board of education maintaining one or more such schools or classes shall cause to be executed monthly, vouchers in triplicate upon forms prepared and furnished by the auditor general so as to show the rate of salary paid to instructors of such schools or classes and the time covered by such payment; also, vouchers in triplicate upon forms prepared and furnished by the auditor general showing the special school appliances purchased and the price paid for each article or series of articles. The treasurer of said school district is required to forward two copies of these receipted vouchers to the superintendent of public instruction within the first five days of the month succeeding the

month covered by the payment. On or before the fifteenth day of each month the superintendent of public instruction shall present one set thereof to the auditor general, authorizing him to pay to the treasurer of the proper school district the amount covered by the certified vouchers presented.

An Act to authorize the board of education of any school district to provide for the education of aliens and of native illiterates over the age of eighteen years who are unable to read, write and speak the English language and who are unlearned in the principles of the government of this state and the United States.

[Act 124, P. A. 1923.]

The People of the State of Michigan enact:

aliens, etc.

(620) SECTION 1. The superintendent of public instruc- Education of tion is hereby authorized, with the co-operation of the boards certain of education of the school districts of this state, to provide for the education of aliens and of native illiterates over the age of eighteen years residing in said districts, who are unable to read, write and speak the English language and who are unlearned in the principles of the government of this state and the United States. All instruction given under the pro- Instruction visions of this act shall be in the English language and shall in English be conducted by persons whose general qualifications and training are approved by the superintendent of public instruction.

language.

(621) SEC. 2. The superintendent of public instruction Permission, may grant permission to the board of education of any school who to grant. district to come within the provisions of this act and to provide for the education of the persons named in section one.

Such educational work herein provided for shall be conducted Supervision. under his supervision or subject to his approval. The board of education of any school district providing for such edu- Tax. cation may recommend a tax or estimate and submit a budget to the proper authorities for carrying out the provisions of this act: Provided, That in any city or school district where Proviso. the budget of the school board is subject to the approval of the common council or other local legislative body, such common council or other local legislative body shall have the final power to decide the necessity for the inauguration or continuation of the courses of instruction herein prescribed and to determine the amount of appropriation necessary therefor.

Bond required for payment of subcontractors.

Subcontractors to give written notice.

When entitled to benefit of security, etc.

An Act to insure the payment of subcontractors and wages earned and material used in constructing, repairing or ornamenting public buildings and public works.

[Act 187, P. A. 1905.]

The People of the State of Michigan enact:

(622) § 14827. SECTION 1. When public buildings or other public works are about to be built, repaired or ornamented under contract at the expense of the state, or of any county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contracting on behalf of the state, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, repairing or ornamenting of such building or works.

People v. Traves, 188/347, 416; People v. Connell, 195/77.

The individual members of a township board, who omitted to require of a contractor constructing a stone road the bond for protection of material men and others, are liable for material furnished the contract for said road for which he failed to pay.-Lake Shore Stone Co. v. Westgate, 211/540. See Title Guaranty, etc., v. Roehm, 215/588.

(623) § 14828. SEC. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and that in the case of the giving of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to the subcontractor.

People v. Traves, 188/423.

One who takes a contract under the original contract, and is to perform in accordance with the original contract, is a subcontractor, and, in order to recover under the statutory bond, he must comply with the statute in giving the proper notice.-People v. Valley Mantel & Tile Co., 200/554.

whom exe

approved, etc.

(624) § 14829. SEC. 3. Such bond shall be executed by Bond, to such contractor to the people of the state of Michigan in such cuted, sureamount and with such sureties as shall be approved by the ties, by whom board of officers or agents acting on behalf of the state, county, city, village, township, or school district as aforesaid, and shall be conditioned for the payment by such contractor to any subcontractor or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works: Provided, however, That the principal Proviso. contractor shall not be required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt or the written orders of such parties to pay the sums due to them to subcontractors. Such bond shall be deposited with and held by such board of officers or agents for the use of any party interested therein.

Sureties on a bond given for the benefit of laborers and materialmen cannot avoid liability by showing a failure of the municipal authorities to approve the bond.-People v. Carroll, 151/233. People v. Traves, 188/416.

on bond.

(625) § 14830. SEC. 4. Such bond may be prosecuted Recovery and a recovery had by any person, firm or corporation to to be had whom any money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, Proviso. however, That in the case of a suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by him: And Further provided further, That in no case brought under the provisions of this act shall the people of this state be liable for costs.

People v. Traves, 188/426.

proviso.

CITIES OF THE FOURTH CLASS.

[Extracts from Act 215, P. A. 1895, Chap. XXXII.]

district.

(626) § 3262. SECTION 1. Each city incorporated under Single school this act shall constitute a single school district. Such school district shall be a body corporate, by the name and style of the "public schools of the city of

" (naming the

city) and shall possess the usual powers of corporations for Powers of.

Proviso, reincorporated cities

and villages.

Proviso, special charter.

Board of

whom to consist.

Annual election.

public purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and personal property as is authorized to be purchased, acquired or disposed of by this chapter: Provided, That if in any village reincorporated as a city or any city reincorporated under and made subject to the provisions of this act, there shall be a school district extending beyond the city limits, or having a special charter, then such school district not to be governed by the provisions of this chapter, but all the laws and regulations now governing such district shall remain in full force and effect the same as if such city or village had not been reincorporated: Provided, That in school districts extending beyond the city limits or having a special charter, the secretary of such school district shall certify to the various supervisors of said city and townships the proportionate amount of school taxes to be assessed against property in the various wards and townships, according to the assessed valuation thereof, and the same shall be levied, collected and returned in the same manner as is provided for the levy, collection and return of school taxes in the remainder of said district lying without the limits of said city.

Am. 1919, Act 68.

Act 279 of 1909, sec. 4, as amended, (§ 3307, C. L. 1915) known as the "Home Rule" act, in paragraph (f), providing "for the establishment of any department" deemed "necessary for the general welfare of the city," expressly excepts "public schools."

A municipal corporation may receive and hold personal property in trust for educational purposes.-Hatheway v. Sackett, 32/97. Also for library purposes.Maynard v. Woodard, 36/423.

Exercise of the veto power by the president of the Bay City school board.Lichtig v. Saginaw Circuit Judge, 180/667.

(627) § 3263. SEC. 2. The board of education of such education, of public schools shall consist of six trustees, who shall be qualified electors of the school district, and the regular annual election of school trustees shall be held on the second Monday of July of each year. At the first election held under this act two trustees shall be elected for the term of one year, two for the term of two years, and two for the term of three years from the second Monday of July of such year, and the term for which each trustee is elected shall be designated on the ballot cast for him. Annually thereafter two trustees shall be elected for a term of three years from and after the second Monday of July of the year when elected and until their successors are qualified and enter upon the duties of their offices.

Term of office.

School trustees, election of.

Proviso, polls.

(628) § 3264. SEC. 3. Such annual election of school trustees as above provided shall be held at such places, not exceeding five, in each city as the board of education shall designate. In the designation of such places it shall be the duty of said board to choose places most convenient for the accommodation of the voters: Provided, That there shall be not more than one polling place in any one ward. The polls shall be open at nine o'clock in the forenoon and shall continue open, without intermission or adjournment, until the hour of eight o'clock in the afternoon, at which time they