Statement to township treasurer. Statement to township treasurer of one-mill tax levied in fractional district. Collection and apportion on division of district. placed on their respective assessment rolls, a supervisor from (83) § 4709. SEC. 18. The supervisor of each township, on the delivery of the warrant for the collection of taxes to the township treasurer, shall also deliver to said treasurer a written statement, certified by him, of the amount of the onemill tax levied upon any property lying within the bounds of a fractional school district, a part of which is situate within his township, and the returns of which are made to the clerk of some other township; and the said township treasurer shall pay to the township treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional school district. (84) § 4710. SEC. 19. Whenever any portion of a school ment of taxes district shall be set off and annexed to any other district, or organized into a new one, after a tax for district purposes other than the payment of any debts of the district shall have been levied upon the taxable property thereof, but not collected, such tax shall be collected in the same manner as if no part of such district had been set off, and the said former district, and the district to which the portion so set off may be annexed or the new district organized from such portion, shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property on which such tax is levied. School taxes, when paid. See section 39 and notes. (85) § 4711. SEC. 20. The township treasurer shall retain in his hands, out of the moneys collected by him, after deducting the amount of tax for township expenses, the full amount of the school taxes on the assessment roll, and hold the same subject to the warrant of the proper district officers, to the order of the school inspectors, or of the persons entitled thereto, and give a written notice to the township clerk of the amount. SCHOOL TAXES: The township treasurer has no right to receive for school moneys anything which the law has not authorized to be received. If he does so and receipts for the taxes, he must make good the amount. Jones v. Wright, 34/372; Sch. Dist. v. Sch. Dist., 40/554. See Elliott v. Miller, 8/132, and notes to section 2353, C. L. 1897. The liability of a township treasurer for school moneys is distinct from his ordinary liability for township moneys, and it cannot be released or in any way affected by the action of the township board.-Jones v. Wright, 34 / 372. As to the custody, etc., of school district moneys, see notes to section 67, subd. 4, and section 72, subd. 1, 2. Liability of township to Sch. Dist., section 3914, C. L. 1897, provides that all losses that may be sustained by the default of any township officer in the discharge of any duty imposed by the act shall be chargeable to the township. The act charges the township treasurer with the duty of collecting and paying over all school district taxes. Held, that a township is liable to a school district for school moneys lost through the defalcation of the township treasurer.-Smith v. Jones, 136 / 532. Designating depository for township funds, see Act 305, P. A. 1909. treasurer to treasurer for (86) § 4712. § 4712. SEC. 21. The township treasurer shall,, Township from time to time, apply to the county treasurer for all apply to school and library moneys belonging to his township, or the county districts thereof; and on receipt of the moneys to be appor- moneys. tioned to the districts, he shall notify the township clerk of the amount to be apportioned. fractional receipts. (87) § 4713. SEC. 22. Each treasurer of a township to Moneys of the clerk of which the returns of any fractional school dis- school trict shall be made, shall apply to the treasurer of any other districts. township in which any part of such fractional school district may be situated, for any money to which such district may be entitled; and the treasurer paying over the same shall take a receipt therefor in duplicate, one copy of which he Duplicate shall file in his office, and the other copy he shall send by mail, or deliver personally, to the clerk of the township to the treasurer of which he had paid any moneys on account of a fractional school district, which shall be specified in the receipt; on receiving the duplicate receipt, the clerk shall charge the sum named therein to the township treasurer, and apportion the same as are other taxes for school purposes. Am. 1913, Act 307. CHAPTER V. COUNTY CLERK AND TREASURER. to receive and (88) § 4714. SECTION 1. It shall be the duty of each County clerk county clerk to receive all such communications, blanks, and dispose of documents as may be directed to him by the superintendent communicaof public instruction, and dispose of the same in the manner directed by said superintendent. tions, etc. reports, etc. (89) § 4715. SEC. 2. The clerk of each county shall, on County clerk receiving from the secretary of the county board of school ex- to examine aminers the annual reports of the several boards of school inspectors, file the same in his office. On receiving notice Notice of from the superintendent of public instruction of the amount of moneys. of moneys apportioned to the several townships in his county apportionment County treas for moneys he shall file the same in his office, and forthwith deliver a copy thereof to the county treasurer. (90) § 4716. SEC. 3. The several county treasurers urer to apply shall apply for and receive such moneys as shall have been apportioned to their respective counties, when the same shall become due; and each of said treasurers shall immediately give notice to the treasurer and clerk of each township in his county, of the amount of school moneys apportioned to his township, and shall hold the same subject to the order of the township treasurer. To notify township clerks of amounts. School district may borrow money, etc. How raised. Proviso, limit. Further proviso, board of inspectors. CHAPTER VI. BONDED INDEBTEDNESS OF DISTRICTS. (91) § 4717. SECTION 1. Any school district may, by a majority vote of the qualified voters of said district present at an annual meeting or at a special meeting called for that purpose, borrow money, and may issue bonds of the district therefor, to pay for a school-house site or sites, and to erect and furnish school buildings. The district board, or board of education, shall estimate the amount of money necessary to be raised and shall state their estimate in the notices of the annual or special meeting, at which the question of borrowing money and issuing bonds shall be submitted to the people; and at said meeting the voters shall have power to ratify by vote aforesaid the estimate of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Provided, That no school district shall issue bonds for an amount greater than ten per cent of the total assessed valuation of said district nor shall the bonded indebtedness of a district extend beyond the period of fifteen years for money borrowed: Provided further, That in all proceedings under this section, the district board and one person selected by the qualified voters present at said meeting shall constitute a board of inspectors, who shall cause a poll list to be kept and a suitable ballot box to be used, and the polls shall be kept open at least two hours. The votes shall be by ballot, either printed or written, or party printed and partly written, and the canvass of the same shall be conducted in the same manner as at township elections, or as far as the laws governing the same are applicable, and when said laws are not applicable the board of inspectors shall prescribe the manner in which the canvass shall be conducted. Am. 1899, Act 190; 1901, Act 165; 1905, Act 270; 1907, Act 256; 1911, Act 12; 1913, Act 53. BONDS: A vote to issue school district bonds in settlement of a demand, if in excess of the limit fixed by law, may be sustained up to the legal limit. Stockdale v. Sch. Dist., 47/ 226. The purchaser of a school district bond has a right to rely upon all facts asserted or appearing upon the face of the bonds, made by any person or body authorized by law to pass upon and determine the facts.-Gibbs v. Sch. Dist., 88/336. Detaching a portion of a district and organizing it into or with another township.-People v. Ryan, 19/203. The act of the legislature in detaching a part of the territory of a township and erecting therefrom a new township, of another name does not have the effect of putting an end to the school district organizations in the detached territory, and the holder of bonds issued thereafter by a district in such territory may recover thereon notwithstanding a subsequent reorganization of the district.-Wayne Co. Svgs. Bank v. School District, 152 / 440. The provisions of the general school law govern the school district of Traverse City, organized under special act, when not inconsistent with the provisions of the special act, and the limit of bonded indebtedness fixed in this section is applicable to said city.-Bd. of Ed. of Traverse City v. Straub, 182/ 665. for money (92) § 4718. SEC. 2. Whenever any school district shall Issuing bonds have voted to borrow any sum of money, the district board borrowed. of such district is hereby authorized to issue the bonds of such district, in such form, and executed in such manner by the moderator and director of such district, and in such sums, not less than fifty dollars, as such district board shall direct, and with such rate of interest, not exceeding eight per Interest centum per annum, and payable at such time or times as the thereon. said district shall have directed. The statute limits the authority of the board, in issuing bonds, to such as are authorized by the district; and, before the board can act, it has a function to perform in its nature somewhat judicial. It must pass upon the question whether the proceedings in voting the bonds are such as will authorize the board to issue them. A purchaser of the bonds, therefore, need look no further back than the face of the bonds for the facts which show a compliance with the law.-Gibbs v. Sch. Dist., 88/337. redeem bonds. (93) 4719. § SEC. 3. Whenever any money shall have voters may been borrowed by any school district, the taxable inhabitants raise tax to of such district are hereby authorized, at any regular meeting of such district, to impose a tax on the taxable property in such district, for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other school district taxes are collected. borrow money further bonds. (94) § 4720. SEC. 4. Any school district, whenever it District may shall appear that the same can be done on terms advantage- to pay bonds, ous to said district, may borrow money to pay any bonded and issue indebtedness of said district then existing, and issue further bonds of said district therefor: Provided, That a majority Proviso. of the qualified voters of said district shall so determine, at an annual or special meeting called for that purpose; and that the notice of such meeting, whether annual or special, shall state the intention to take such vote. CHAPTER VII. SUITS AND JUDGMENTS AGAINST DISTRICTS. diction in (95) SECTION 2. Justices of the peace shall have juris- Justices to diction in all cases of assumpsit, trespass on the case and have jurisreplevin against school districts, when the amount claimed, certain cases. or matter in controversy shall not exceed one hundred dollars; and the parties shall have the same right of appeal as in other cases. Service of process. School district. Treasurer to certify judgment. When treasurer fails to certify. Fractional school district. This is section 2, chapter 76, of the judicature act of 1915, effective Jan. 1, 1916, which repeals C. L. § § 4721 and 4722. See act 314 of 1915, pp. 425, 480. As to corporate powers, etc., see note to section 33. Liability for debts after changes made in districts.-See sections 38-39 and notes. Action of one district against another for money had and received.-Sch. Dist. v. Sch. Dist., 40/551. Andreas v. School District, 138 / 54. (96) SEC. 35. In suits or proceedings against municipal and public corporations *** service of process may be made as follows: 6. Against school districts, upon the president of the board of education, director, moderator or treasurer of such district. This is section 35 of the judicature act of 1915. See Act 314 of 1915, pp. 84, 480, repealing C. L. § 4722. (97) SEC. 8. No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon, but the same shall be collected in the manner prescribed in this chapter. Sections 8-12 are taken from the judicature act of 1915, chapter 24. See Act 314 of 1915, p. 187, superseding C. L. § 4723. (98) SEC. 9. Whenever any final judgment shall be obtained against the school district, if the same shall not be removed to any other court, the treasurer of the district shall certify to the supervisor of the township and to the director of the district the date and amount of such judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the treasurer shall certify the same as aforesaid, immediately after the final determination thereof against the district. See Act 314, of 1915, p. 187, superseding C. L. § 4724. (99) SEC. 10. If the treasurer shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, administrators, or assigns, to file with the supervisor the certificate of the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the treasurer. See Act 314, of 1915, p. 187, superseding C. L. § 4725. (100) SEC. 11. If the district against which any such judgment shall be rendered is situated in part in two or more townships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated. See Act 314, of 1915, p. 187, superseding C. L. § 4726. |