Canvass. Certificates of determination. of in three public places in each voting precinct in which the registration or election is to be held, at least ten days before the registration or election, and by publication in one or more of the city papers, if any, in the district, at least six times within ten days next preceding the election. If no daily paper is published in the district, the notice shall be published at least once in a weekly newspaper published therein. The notice of election shall contain the names of all candidates for each office to be voted on, and the substance of all special matters, if any, to be submitted thereat. (206) § 5845. SEC. 5. The board of education shall convene on Thursday next succeeding any election at the usual hour and place of meeting, and canvass the returns, and from the statements filed with the secretary, shall determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at said election. The secretary shall make triplicate certificates of such determination under the corporate seal of the district, showing the result of the election upon each question or proposition, and what persons were declared elected to the several offices respectively, one of which he shall file in the office of the county clerk of the county, one in the office of the city clerk of the city in which such district is Who deemed situated, and the other shall be filed in his own office. The person receiving the greatest number of votes, as shown by said statements, shall be deemed to have been duly elected, but if there shall be no choice by reason of two or more candidates having received an equal number of votes, the board of education shall at the time of canvassing the votes, determine by lot between said persons which one shall be elected to said office. It shall be the duty of the secretary of the board, within five days after the determination, to notify in writing each person elected of his election, and he shall file a written acceptance of such election, together with Oath of office. the constitutional oath of office within ten days after receiving such notice, or the office will be deemed vacant. elected. Tie vote. Notification. Nomination by petition. Form. Publication of names. (207) § 5846. SEC. 6. Candidates for members of the board of education shall be nominated by petition, which shall be filed with the secretary of the board of education not less than ten days nor more than fifteen days prior to the date of election. Each petition shall be signed by not less than twenty-five qualified registered school electors of the district. No elector shall sign the petition for more candidates than are to be elected. Said petition shall be substantially in the following form: of "We, the undersigned qualified school electors of the (name of district) do hereby nominate .... street, of said district, as a member of the board of education of said district." Upon the filing of such petitions the secretary of the board shall place the same in the public files of his office, and for at least five days immediately preceding said election, shall publish the names proposed in a daily newspaper of the district, and if there is no daily newspaper in the district, the names shall be published in all the weekly newspapers of the district for at least one edition during the week preceding the election, and if there shall be no paper published in the district, he shall post printed lists of such names in three of the most public places in each school voting precinct in said district one week before the election. The secretary Official ballot. of the board of education shall prepare and have printed an official ballot, which shall be in substantially the same form as provided in the general election law, on which shall be placed the names of all who have been duly named for members of said board. In the printing of such ballots the provisions of the general law of the state for transposing and alternating the names of candidates shall apply: Pro- Proviso, vided, That no party emblem or designation shall be placed emblem. upon school election ballots. (208) 5847. SEC. 7. § Except as provided in this act, Conduct of the manner of conducting elections shall be the same as provided in the general school laws of this state and any local act in force in such district. election election. (209) § 5848. SEC. 8. This act shall not be in force or Referendum. take effect in any district until a majority of the voters voting on such proposition shall vote in favor of the same. Such proposition may be submitted to the voters of any school district at such time or times as the board of education of such district shall determine, and when submitted, the ballot for voting thereon shall be in substantially the following form: "Shall this school district be divided into voting precincts Ballot. and registration of voters made and elections hereafter held in such several voting precincts? Yes [ ] sion. (210) § 5849. SEC. 9. If any election district has elect- Re-submised to come under the provisions of this act, such district may at any time after two years, upon a petition signed by ten per cent of the qualified electors in said district, re-submit the question of the continuance or discontinuance of this act within such district. The form of the proposition Form. for the re-submission of the question shall be drafted by the board of education when submitted at any succeeding special or general election. When board to purchase text-books. Proviso. Further proviso. Board to select the kind. Proviso. Notice to vote on question. MISCELLANEOUS PROVISIONS RELATIVE TO EDU- TEXT BOOKS. An Act to regulate the uniformity of, and to provide free school textbooks in, public schools throughout the state, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act. [Act 147, P. A. 1889.] The People of the State of Michigan enact: (211) § 5781. § 5781. SECTION 1. From and after June thirty, eighteen hundred ninety, each school board of the state shall purchase, when authorized as hereinafter provided, the textbooks used by the pupils of the schools in its district. Textbooks once adopted under the provisions of this act shall not be changed within five years: Provided, That the textbook on the subject of physiology and hygiene must be approved by the state board of education and shall in every way comply with section fifteen of act number one hundred sixty-five of the public acts of eighteen hundred eighty-seven, approved June nine, eighteen hundred eighty-seven: And Provided further, That all text-books used in any school district shall be uniform in any one subject. Am. 1915, Act 52. The section above referred to is section 60. FREE TEXT-BOOKS: It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation.Bd. of Education v. Detroit, 80/548. TEXT-BOOKS: The provision of the law that books once adopted shall not be changed within five years was designed to protect the public and not for the benefit of book publishers.-Att'y Gen'l vs. Bd. of Ed., 133/681. A resolution of the board directing the purchase of a specified text-book for use in the schools constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the book was completely installed in the school. A resolution of the board to purchase certain text-books for "supplementary use" shows no intention to adopt, and is illegal and void.-Att'y Gen'l ex rel. Marr v. Bd. of Edu. Detroit; D. C. Heath & Co. v. same, 133/681. Under its organic act (Act 233 of 1869) the Detroit board of education cannot buy school books for high school students and sell them at cost.Attorney General v. Bd. of Ed. of Detroit, 175 / 438. (212) § 5782. SEC. 2. The district board of each school district shall select the kind of text-books on subjects enumerated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall require any change in text-books now in use in such district. They shall cause to be posted in a conspicuous place, at least ten days prior to the first annual school meeting from and after the passage of this act, a notice that those qualified to vote upon the question of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above provided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter provided. The text-books so purchased shall be Books to be the property of the district purchasing the same, and shall be district, etc. loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained Proviso. shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That nothing herein contained Further shall prevent any district having once adopted or rejected free text-books from taking further action on the same at any subsequent annual meeting. property of proviso. contract (213) § 5783. SEC. 3. It shall be the duty of the dis- Board to trict board of any school district adopting free text-books with pubprovided for in this act to make a contract with some dealer lishers, etc. or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Pro- Proviso. vided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. make annual amount to (214) § 5784. SEC. 4. The district board of every school Board to district in the state adopting free text-books under this act estimate of shall make and prepare annually an estimate of the amount be used. of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates made for money to be raised for school purposes, for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid. to purchase (215) § 5785. SEC. 5. On the first day of February next When director after the tax shall have been levied, the director of said dis- books, etc. trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for Refusal or neglect of duty a misdemeanor. Penalty. Proviso. price of the books so purchased, including the cost of transportation. (216) 5786. SEC. 6. § SEC. 6. If the officers of any school district, which has so voted to supply itself with text-books, shall refuse or neglect to purchase at the expense of the district for the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts in cities organized under special charters shall be exempt from the provisions of this act, but such districts may, when so authorized by a majority vote of their district boards, submit the question of free text-books to the qualified voters of districtters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. Further proviso. In cities, boards may submit questo SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this section, was held absolutely void.-Bd. of Ed. v. Detroit, 80/551. Conditions. Copies filed. Bond. An Act to regulate the sale of school textbooks. [Act 315, P. A. 1913.] The People of the State of Michigan enact: (217) 5787. § SECTION 1. No person shall offer any school textbook for adoption, sale or exchange in the state of Michigan until he shall have complied with the following conditions: 1. He shall file copies of all textbooks sold by the company manufacturing such book, in the office of the state superintendent of public instruction with a sworn statement of the usual list price, the lowest wholesale price, and the lowest exchange price at which said book is sold or exchanged for an old book on the same subject of like grade and kind but of a different series. 2. He shall file with the state superintendent of public instruction a bond running to the people of the state of Michigan, with a responsible surety company authorized to do business in the state of Michigan as surety thereon, in a penal |