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Moiles v. Watson, 60/415; Detroit Board of Education v. Moross, 151/625.
FIFTH:. A school district, contracting for the building of a schoolhouse within a stated time, is bound to furnish a suitable site therefor, within such reasonable time that the contractors shall not be delayed on their part.—Todd v. Sch. Dist., 40/294. Sureties upon a bond for the performance of a contract are released by an assignment of the contract and the grant of an extension of time to the contractor.-Id. See Act 17 of 1915, sections 649-51.
SIXTH: A school district in its annual meeting may lawfully recognize and pay equitable claims even though they are not strictly legal demands against it.- Stockdale v. School Dist., 47/226. The provision that no land shall be taxed for the building of schoolhouses, unless some portion thereof shall be within 242 miles of the schoolhouse site, does not apply to a graded school district.-Keweenaw Ass'n v. Sch. Dist., 98/437. See Public Schools v. Vander Laan, 211/85.
SEVENTH: Equitable claims.-See notes to subdivision sixth. Certain charts, etc., held not to be necessary appendages, such as the director is required to furnish.—Gibson v. Sch. Dist., 36/404; Publishing House v. School Dist., 94/265. A school district has no power to levy a tax except for the purposes specified by statute.-Hinman v. Sch. Dist., 4/168. See section 66, subdivision 6.
ELEVENTH: Tappan v. Sch. Dist., 44/500. The district board has power to contract with a qualified teacher for such term during the ensuing year as shall be determined by the qualified voters of the district at the annual school meeting.–Cleveland v. Amy, 88/374; Moiles v. Watson, 60/417. In exercising the discretion vested in the voters of a school district to discontinue school for a year, the school board are bound to furnish transportation and may determine the amount to be paid. The performance of such duty may be enforced by mandamus.-Dennis v. Wrigley, 175/621. Where voters of a district have voted to discontinue school and send the children to an adjoining district, at an annual or special meeting cannot rescind the action at a subsequent meeting and reopen the school for the ensuing period.-Meek v. Carpenter, 178/547.
MISCELLANEOUS: Gibson v. Sch. Dist., 36/404. Where a board of education erects a school building in such manner that ice and snow must inevitably slide from the roof into plaintiff's premises, there being no sufficient barrier to prevent, and fails, after notice, to remedy the defect, it may be held liable to him for injuries sustained in falling upon ice so precipitated, the trespass being the proximate cause of the injury.-Ferris v. Board of Education of Detroit, 122/315. The neglect or refusal of the electors of a township to vote the amounts necessary to be raised for township and school purposes is sufficiently shown, within the statutes authorizing the township board and the board of education, respectively, to vote the same in such case, by a recital in the resolutions of the several boards voting such taxes, that the attention of the electors present at the annual meeting was called to the matter of voting upon such questions, and that they failed, neglected, and refused to vote such sums as were necessary.-Weston Lumber Co. v. Township of Munising, 123/138. Where the legislature divides a district and provides for a distribution of property, the new district is not entitled to share in primary school interest fund at the following apportionment, though based upon reports of previous year. A district which does not maintain school for at least three months (see above section) is not entitled to share in apportionmeni of primary school interest fund.-Deckerville School District v. District No. 3 of Marion, 131/272. A school district which had provided by resolution for the seating of a schoolhouse is estopped to question the validity of a contract signed by the director only, where other officers paid the freight bills and the seats had been in use fifteen months. --Jones v. Sch. Dist. No. 3 of Iosco, 110/363. District board bought furniture. At following annual meeting voters made no objection. Held a ratification of the contract though act of board was not authorized.-Haney Sch. Fur. Co. v. Sch. District No. 1 of Crystal Lake Twp., 133/241. School district cannot appropriate surplus one mill tax to general purpose before end of year.–Bonhagel v. Sch. Bd. of Dist No. 1, Bronson and Bethel Twps., 134/455.
Election of district officers. Term of office.
(46) § 5668. SECTION 1. At the first meeting in each school district there shall be elected by ballot a moderator for the term of three years, a director for two years, and a treasurer for one year; and on the expiration of their respective terms of office, and regularly thereafter at the annual meetings, their several successors shall be elected in like manner for a term of three years each. The time intervening between the first meeting in any school district and
the first annual meeting thereafter shall be reckoned as one year.
NOTE.-Act 165, P. A. 1901, ($ $ 5668-5758, C. L. 1915), changes the word assessor to treasurer. See section 5i.
OFFICERS: The officers of a primary school district consist of a moderator, director and assessor. These officers are created by statute and have attached to them certain limited powers and particular duties. They have, therefore, neither common law power, nor rights, but are strictly confined to such as are conferred upon them by statute; and no compensation for their official services has been provided (as the law stood prior to 1859] or in any manner authorized by statute, none can be legally claimed or recovered.-Hinman v. Sch. Dist. 4/168. The provisions relative to the election of school district officers by ballot are mandatory; but where they were unanimously chosen by viva voce vote at a regular meeting, and qualified and acted and no one else claimed the offices, a writ of quo warranto was dismissed.—People v. Gartland, 75/143. Parol evidence is admissible to show who are the district officers.-Crane v. Sch. Dist., 61/290.
BALLOT: All ballots cast under statutory requirements are formal and final, if there is an election, and cannot be repeated. There can be no “informal" ballot.—People v. Stone, 78/635; Sch. Dist. v. Root, 61/373.
(47) $ 5669. SEC. 2. A school district office shall become when school vacant immediately upon any of the following events:
deemed First, The death of the incumbent;
Sixth, His election or appointment being declared void by a competent tribunal;
Seventh, His neglect to 'file his acceptance of office, or to give or renew any official bond according to law;
Eighth, His ceasing to be a taxpayer in the school district;
Ninth, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting, at the expiration of which period the board of school inspectors shall appoint such successor.
(48) § 5670. SEC. 3. In case any one of the district Vacancies, offices becomes vacant, the two remaining officers shall im- how filled. mediately fill such vacancy; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies; in case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a district shall become vacant, the township board of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to Term of fill a vacancy in a district office shall hold such office until office. the next succeeding annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. Johnston v. Mitchell, 120/589.
(49) § 5671. SEC. 4. Any qualified voter in a school dis- officers, who trict whose name appears on the assessment roll and who is eligible. the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school district: Provided, That where a husband and wife own Proviso, property jointly, regardless of the name which appears on husband and the assessment role, if otherwise qualified, each shall be
Labor or material.
Acceptance of office.
eligible to election or appointment to school office. It shall be illegal for any member of the district board to act as agent for any author, publisher or seller of school books or school apparatus, or to receive any gift or reward for his influence in recommending the purchase or use of any school book or apparatus in the state of Michigan. It shall be illegal for any member of the district board to perform any labor, except as provided in this act, or furnish any material or supplies for the school district in which he is an officer, and he shall not be personally interested in any way whatever directly or indirectly in any contract with the district in which he holds office. Any act herein prohibited, if performed by any such school officer, shall be deemed a misdemeanor, and he shall be liable to the punishment provided for such offense in accordance with the statute in such case made and provided.
(50) § 5672. Sec. 5. Within ten days after their election or appointment, the several officers of each school district shall file with the director written acceptances of the office to which they have been respectively elected or appointed, accompanied by an affidavit, properly acknowledged, that they are qualified voters, that their name appears on the assessment roll, and that they are the owners in their own right of the property so assessed, and sucht acceptances and affidavits shall be entered in the records of the district by said director. The affidavit herein required may be executed before any officer authorized under the laws of the state to take acknowledgments or before the senior officer of the district board in that particular district.
(51) $ 5673. SEC. 6. The moderator, director, and treasurer shall constitute the district board. Meetings of the board may be called by any member thereof by serving on the other members a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board shall be valid unless voted at a meeting of the board. A majority of the members of the board at a meeting thereof shall be necessary for the transaction of business.
Affidavit, by whom executed.
Quorum of board.
A teacher cannot be hired by two members of the board without the concurrence of the third and without convening any meeting of the board.-Hazen v. Lerche, 47/626. A school teacher can be employed only by the action of a district board at a meeting of the board. Parol evidence is not admissible to show that the record of the meeting made by the directors is not true.Cowley v. Sch. Dist. No. 3, Harrisville, 130/634.
Board to purchase record books, etc.
(52) § 5674. SEC. 7. The said district board shall purchase a record book and such other books, blanks and stationery as may be necessary to keep a record of the proceedings of the district meetings and of the meetings of the board, the accounts of the treasurer, and for doing the business of the district in an orderly manner.
Officers having charge of school records are required to furnish proper facilities for the examination or copying of the same. See Act No. 76, P. A. 1903, ($ 3448, CL. 1915).
See School Dist. v. Snell, 24/353.
(53) $ 5675. Sec. 8. The district board shall purchase Board to or lease, in the corporate name of the district, such sites for site, etc. school houses as shall have been lawfully designated, and shall build, hire, or purchase such school houses as may be necessary out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in any case shall build a stone or brick schoolhouse upon any site without having first obtained a title in fee to the same, or a lease for ninety-nine years; nor shall any district build a frame school house on any site for which they have not a title in fee or a lease for fifty years, without securing the privilege of removing the said school house when lawfully directed so to do by the qualified voters of the district at any annual or special meeting, when lawfully convened.
TITLE IN FEE: A lease to a school district "during the time it is used for school purposes” is a lease in perpetuity at the will of the lessee. Since the lessee is a corporation and words of inheritance are not required, the lease, if a present consideration is paid, operates as a bargain and sale and conveys a base or determinable fee. This is sufficient to satisfy the provisions of the school law.-Sch. Dist. v. Everett, 52/314.
LEASES: Schoolhouse on leased land belongs to district and may be removed within reasonable period.-Hayward v. Sch. Dist., 139/539. Without due notice of proposed action at an annual meeting, the school board could not change a site and place a schoolhouse on property which had not been leased or conveyed to the board.-Calkins v. Rice, 170/234.
(54) § 5676. SEC. 9. The district board shall have Running authority to vote such taxes as may be necessary for the expenses. regular running expenses of the school, which shall include school furnishings and all appurtenances, the care of school property, for such alterations as shall be necessary to place the school house in a safe and sanitary condition, teachers' wages, water supply, premium upon indemnity bond for the treasurer of the district, transporation of the pupils, record books and blanks, and all apparatus and material which may be necessary in order that the schools may be properly managed and maintained, and for the deficiencies in such funds for the preceding year, if any. All such taxes when collected and received shall be accounted for under the title of "general fund”; all primary money shall be accounted for under the title of "primary fund”: Provided, That the tax for ser
Proviso, vices of district officers in primary school districts shall be service voted by the district board but it shall not be so voted until the legal voters at an annual or special meeting called for that purpose have determined the amount that each officer shall receive as salary per year. A salary once fixed by the legal voters of a school district shall remain the same until changed by the legal voters at an annual or special meeting. When the taxes herein provided for have been estimated and Assessment, voted by the district board, they shall be reported for assess- etc. ment and collection the same as other district taxes.
When May borrow. any tax has been estimated and voted by the district board or by the district under the provisions of law, and the money is needed before it can be collected, the district board may bor
row on the strength of such a tax a sum not exceeding the total of such tax.
Am. 1921, Act 315.
School board, (55) § 5677. SEC. 10. The district board, or board of to report taxes voted. education, shall, between the second Monday in July and the
first Monday in August in each year, make out and deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district.
(56) S 5678. SEC. 11. The district board shall apply accounting of. and pay over all school moneys belonging to the district in
accordance with the provisions of the law regulating same, and no moneys received from the primary school fund shall be appropriated to any other use than the payment of teachers' wages, tuition and transportation of children as provided by law, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from
proper legal authority before the commencement of his school. Sectarian No school district shall apply any of the moneys received by schools.
it from the primary school interest fund or from any and
(57) $ 5679. SEC. 12. Said board shall present to the make annual district, at each annual meeting, a report in writing, contain
ing an accurate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the disbursements made by them, with the items of such receipts and disbursements. Such report shall also contain a statement of all taxes assessed pon the taxable property of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, and said report shall be entered by the director in the records of the district.
(58) § 5680. SEC. 13. The district board shall hire and contract with such duly qualified teachers as may be required; and all contracts shall be in writing and signed by a majority of the board in behalf of the district.
Said conregister to tracts shall specify the wages agreed upon and shall require
the teacher to keep a correct list of the pupils, grading and the age of each, attending the school, and the number of days each pupil is present, the aggregate attendance, average daily attendance and percentage of attendance, and to furnish the director with a correct copy of the same at the close of school. Said contract shall be filed with the director and a duplicate copy of the contract shall be furnished to the teacher. No contract with any person not holding a legal certificate
Board to hire teachers. Contracts.
Contract to be filed.