Day schools for deaf, when established, etc. Report to superintendent of public instruction. Annual budget. State treasurer to reim DAY SCHOOLS FOR THE DEAF. An Act authorizing school district boards, boards of trustees of graded The People of the State of Michigan enact: (522) § 5963. SECTION 1. SECTION 1. That upon application by a school district board, board of trustees of a graded school, or board of education of any city of this state to the superintendent of public instruction, he shall grant permission to such board to establish and maintain, and such board shall thereupon be empowered to maintain within the limits of its jurisdiction one or more day schools having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three years, whose parents or guardians in the case of orphans are residents of the State of Michigan. (523) 5964. SEC. 2. Any board which shall maintain one or more day schools for the instruction of the deaf shall report to the superintendent of public instruction annually, and at such other times as he may direct, such facts concerning the school or schools as he may require. (524) § 5965. SEC. 3. The board of education of the city or district where a day school for the deaf is established shall include in its annual budget a sufficient sum to maintain said school and out of said sum shall pay said teachers monthly. To reimburse said city or district for such exburse district. penditure the state treasurer is hereby authorized to pay to the treasurer of the proper school district, out of the general fund, on or before July twenty in each year, upon the warrant of the auditor general, the actual expense incurred for teachers' salaries and purchase of necessary school appli ances by any school district in support of a day school for the deaf, which shall have been conducted in accordance with this act during nine months of the school year, as shown by vouchers filed with the auditor general and certified to be correct by the superintendent of public instruction: Provided, That the total amount paid on account of any one school district or city shall not exceed one hundred fifty dollars for each deaf pupil instructed in any such school during the school year, and a part of such sum proportionate to the time of instruction of any such pupil so instructed less than Proviso as to nine months during each year: And be it further provided, That the title for all school appliances purchased shall vest in the state and inventory thereof filed with the superintendent of public instruction July first of each year. Proviso as to amount. title. what to warded to (525) § 5966. SEC. 4. The district board or board of edu- Vouchers, cation shall cause to be executed monthly, vouchers in tripli- show, etc. cate upon forms prepared and furnished by the auditor general so as to show the rate of salary paid to instructors of the deaf and the time covered by such payment, also vouchers in triplicate upon forms prepared and furnished by the auditor general, showing the school appliances purchased and price for each article or series of articles. The treas- To be forurer of said school district is required to forward two copies superintendent of public of these receipted vouchers to the superintendent of public instruction. instruction within the first five days of the month succeeding the month covered by the payment. On or before the fifteenth 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. (526) § 5967. SEC. 5. All teachers in such schools shall Employment be appointed and employed as other public school teachers etc. are appointed and employed. All persons appointed to teach in any such school shall have had special training for teaching, and shall be graduates of a training school for teachers of the deaf by the "oral" method, and shall also have had special training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The so-called "oral" system shall be taught by such "Oral" teachers, and if after a fair trial of nine months, any of such taught. children shall for any reason be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child, so unable to learn such oral method, in such primary schools. of teachers, system to be considered. (527) § 5968. SEC. 6. For the purpose of this act, any Deaf, who person of sound mind, who, by reason of defective hearing, cannot profitably be educated in the public schools, as other children are, shall be considered deaf. Sec. 7. Repeals Act 176, 1899. PAYMENT OF SUBCONTRACTORS. 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: for payment (528) § 14827. SECTION 1. When public buildings or Bond required other public works are about to be built, repaired or orna- of subconmented under contract at the expense of the state, or of tractors. county, city, village, township or school district thereof, it any Subcontractors to give When entitled to benefit of security, etc. 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. (529) § 14828. SEC. 2. In the case of a subcontractor, he written notice. 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. Bond, to whom exe cuted, sure approved, etc. People v. Traves, 188/423. (530) § 14829. SEC. 3. Such bond shall be executed by such contractor to the people of the state of Michigan in such ties, by whom amount and with such sureties as shall be approved by the 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 Proviso. 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. (531) § 14830. SEC 4. Such bond may be prosecuted and Recovery a recovery had by any person, firm or corporation to whom to be had 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, how- Proviso. ever, 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 provided Further 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 FOURTH CLASS. An Act to provide for the incorporation of cities of the fourth class. [Extract from Act 215, P. A. 1895, Chap. XXXII.] " (naming the stitute single (532) § 3262. SECTION 1. Each city incorporated under City to conthis act shall constitute a single school district. Such school school district. district shall be a body corporate, by the name and style of the "public schools of the city of city) and shall possess the usual powers of corporations for 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 Proviso as to re-incorporated as a city or any city re-incorporated under reincorand made subject to the provisions of this act, there shall be and villages. a school district extending beyond the city limits, or having a special charter, then such school district shall not 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 re-incorporated. porated cities Board of education, of whom to consist. Annual election. Term of office. School trustees, election of. conducted, etc. Am. 1905, Act 106. Act 279 of 1909, sec. 4, as amended by Act 5 of 1913 (§ 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. (533) § 3263. SEC. 2. The board of education of such 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. Am. 1905, Act 231. (534) § 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 Proviso, polls. 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 Election, how shall be finally closed. Said election shall be by ballot and, except as herein otherwise directed, shall be conducted in alí respects, including the manner of selecting candidates, the placing of names of candidates upon the ballots, the printing of the ballots, erection of booths, etc., in the manner and in conformity with the provisions of law governing in the case of annual township elections. All the penalties of the general election law relative to neglect of duty or violation of the terms of this act shall be applicable. The members of the said school board shall be governed by the same restrictions and shall perform similar duties to those prescribed for the township board at annual township meetings. Notice of the time and places of holding such elections shall be given by the secretary of the board not less than fifteen days before the said election by placing such notices in three of the most public places in each ward of the city, and by publishing a copy thereof in one or more newspapers published in the city for the same length of time before the election. On or before the twentieth day of June in each Penalties. Notice of election. |