« AnteriorContinuar »
tion of the books, and deprive the inhabitants and children of the benefit of them, for default of a director. The law relating to libraries is a subject of considerable complaint. Such complaint seems to ise partly from defects in the law, and partly from the selections of books made by the inspectors. This subject is referred to at length in another part of this document, in connection with which will be found rules for their regulation and management.
2. The libraries are designed for those who have completed their studies in the primary schools, and those who have not. They are intended for the use of all the inhabitants of the district.
3. The use of the books cannot be restricted to scholars attending school.
DISTRIBUTION OF THE INCOME OF THE SCHOOL FUND. Sec. 119. The interest of the primary school fund shall be distributed on the first Monday of May, or as soon ihereafter as practicable, in each year, for the support of primary schools in the several townships in this State from which reports have been received from the Superintendent of Public Instruction, in accordance with the provisions of this chapter, for the school year last closed, in proportion to the number of children in such townships between the ages of four and eighteen years; and the same shall be payable on the warrant of the Auditor General to the treasurers of the several counties.
Sec. 120. The several county treasurers shall apply for and receive auch 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.
Sec. 121. Whenever the clerk of any county shall receive from the Superintendent of Public Instruction, notice of the amount of moneys apportioned w the several townships in his county, he shall file the same in his office, and forthwith deliver a copy thereof to the county treasurer.
OF SUITS AND JUDGMENTS AGAINST SCHOOL DISTRICTS.
Sec. 122. Justices of the peace shall have jurisdiction in all cases of assumpsit, debt, covenant, and trespass on the case against school districts, when the amount claimed, or matter in controversy shall not exceed one hundred dollars, and the parties shail have the same right of appeal as in other cases,
Sec. 123. When any suit shall be brought against a school district, it shall be commenced by summons, a copy of which shall be left with the assessor of the district, at least eight days before the return day thereof.
Sec. 124. 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 minner prescribed in this chapter.
Sec. 125. Whenever any final judgment shall be obtained against a school district, if the same shall not be removed to any other court, the assessor of the district shall certify to the supervisor of the lownship, and to the director of the district, the date and amount of such judgment,
with the name of the person in wliose favor the same was rendered, and if the judgment shall be removed to another court, the assessor shall certify the same as aforesaid, iinmediately after the final determination thereof, against the district.
FORM OF CERTIFICATE TO SUPERVISOR.
To the Supervisor of the Township of:
I hereby certify that the following judgments have been recovered against school district No. , of said township, and that the date of such payments, the amounts thereof, and the name of the in whose favor said judgments were rendered, were as follows:
DATE OF j'DGM'T. | Am'r of j'Don’T.
NAMES OF PERSONS.
G-H- Assessor. 1. If the judgments, or any of them, have been appealed, the assessor, under his signature and the date of the certificate, should certify as follows:
I also certify that the judgments above specified as having been recovered by A- B- and C-D-, have been removed to another court, according to law.
2. Copies of the above certificates are to be given to the director. See the provisions of section 127 in relation to judgments against fractional districts.
Sec. 126. If the assessor shall fail to certify the judgment as required in the preceding section, it shall be lawiul 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 judge ment, showing the facts which should have been certified by the assess
Src. 127. If the district against whom any such judgment shall be rendered, is situated in part in two or mure townships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated.
Sxc. 128. The supervisor or supervisors receiving either of the certificates of a judgment as aforesaid, shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable property of the district, placing the same on the next township assessment roll in the columu for school taxes, and the same proceedings shall be had, and the same shall be collected and returned in the same manner as other district taxes.
PENALTIES AND LIABILITIES. Sec. 129. Every taxable inhabitant receiving the notice mentioned in the first and second sections of this chapter, who shall neglect or refuse
duly to serve and return sich notice, and every chairman of the first district meeting in any district, who shall wilfully neglect or refuse 10 perform the duties enj ined on bim in this chapter, shall respectively forfeit the sum of five dollars.
Sec. 130. Every person duly elected to the office of moderator, director or as-essor of a school district, who shall neglect or refuse, without sufficient cause, to accept such ofice and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars.
Sec. 131. Every person duly elected or appointed a school inspector, who shall neglect or ressue, without suficient cause, to quality and serve as such, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his otiice, shall forfeit the sun of ten dollars.
Sec. 132. If any board of school inspectors shall neglect or refuse to make and deliver to the township clerk, their annual report to the county clerk, as required in this chapter, within the time limited therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the township Treasurer in the name of the township, in an action of debt or on the case.
Src. 133. If any township clerk shall neglect or refuse to transmit the repori mentioned in the preceding section, to the county clerk, as required in this chapter, he shall be liable to pay the full amount lost by such neglect or retusal, with interest thereon, to be recorered in the manner specified in the preceding section.
Sec. 134. Every county clerk who shall neglect or refuse to transmit the report required in this chapter to be made by him to the Suzerintend. ent of Public Instruction, within the time therelor limited, shall be liable to pay to each township the full amount which such township, or any school dixerict therein, shall lose by such neglect or relusal, with interest thereon, to be recovered in the manner specitied in the last two preceding sections.
Sec. 135. All the moneys collected or received by any township treasurer under the provisions of either of the three last preceding sections, shall be apportioned and distributed to the school districts entitled thereto, in the same manier, and in the same proportion that the moneys lost by any neglect or refusal iberein mentioned would, according to the provisions of this chapier, have been apportioned and distributed.
Sec. 136. The township board of each township shall bave power, and is hereby required, 10 remove from office, mpon satisfactory proof, after at least five days' notice to the party implicated, any district officer or school inspector who shall have illegally used or disposed of any of the public moneys entrusted to his charge.
MISCELLANEOUS PROVISIONS RELATING TO PRIMARY SCHOOLS. Sec. 137. Any person paying taxes in a school district in which he does not reside, may send scholars to ar y district school therein, and such person shall, for ihat purpose, have and enjy all the rights and privileges of a resident of such district, except the right of voting therein, and shall be rated therein for teachers' wages and fuel, and in the census of such district, and the apportionment of moneys from the school funi, scholars 80 sent, and attending generally such schools, shall be consilered as belonging to such district: [Provided, That a majority of the qualified voters attending at any regular meeiing in the district in which such person resides, shall have determined that no school shall be taught in said district for the year, or, provided such person shall not reside in any organized school district.)
1. Under the law of 1848, as published in pamphlet form, any person paying taxes in a school district in which he did not reside, could send scholars to any district school therein, as provided in the first portion of this section. The proviso was enacted by a subsequent Legislature.
2. A person paying taxes in several school districts in which he does not reside, may send to any district school in any and all of said districts, subject to the proviso contained in this section. The num. ber of scholars that may be sent is not limited by the law.
3. The scholars that are so sent, are not limited to the children of such persons, but to all such as are in their employ as apprentices, and all children living with such persons, and subject to their care and protection. Such children may be rated for teachers' wages and fuel, and should be included in the census of such district and in the apportionment of the inconie of the school fund.
Sec. 138. Whenever any portion of a school 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.
Sec. 139. For the purpose of apportioning the income of the primary school fund among the several townships, a district situated in part in two or more townships, shall be considered as belonging 10 the township to which the annual report of the director is required to be made; but money raised in any one of such townships for the support of schools therein, shall be apportioned to the districts and parts of districts therein, according to the number of children of the proper age in each.
Sec. 140. The qualified voters of any school district may, by vote at their annual district meeting, raise by tax upon the taxable property of the district a sum not exceeding one dollar for every scholar in the district between the ages of four and eighteen years, for the support of common schools in the district, and such tax shall be reported to the supervisor of the proper township, and shall be levied, collected and returned in the same manner as townships taxes are levied, collected and returned.
Sec. 141. If any supervisor shall neglect or refuse to assess the taxos provided for in section one hundred and seven of chapter fifty-eight of the revised statutes, he shall be liable to pay to any school district the full amount lost to such district by such neglect or refusal, with the interest thereon, to be recovered by the assessor in the name of the school district, in an action of debt on the case.
Src. 142. 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 ireasurer a written statement certified by him of the amount of the taxes levied under section one hundred and seven of said chapter, upon any properiy 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 townsliip 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.
Sec. 143. Each treasurer of a township, to the clerk of which the returns of any fractional school district shall be made, shall apply to the treasurer of any other township in which any part of such fractional' school district may be situate, for any money to which such district may be entitled; and when so received, i: shall be certified to the township clerk, and apportioned in the same manner as other taxes for school purposes.
Sec. 144. The board of school inspectors shall have power to suspend the operation of section one hundred and fifteen of said chapter, whenever they shall be of opinion that the convenience or the interests of the people of their township will be promoted thereby, and to restore the same, as in their judgment they shall think best.
So far as the reports of cases coming before the higher courts of our own State, have been published, there appe to be but a single case which has been adjudicated, arising out of the operation of our school laws. This case is copied from Douglas' Michigan Reports, and is as follows: [See page 343 of this document]
DISSOLUTION OF DISTRICTS. People ex. rel. Strong, vs. Davidson and others, school inspectors of the township of Greenfield.
Under the statute (S. L. 1840, page 215, Sec. 25,) empowering the school inspectors of any township “to divide the township into such number of districts, and to regulate and alter the boundaries of said school districts, as may from time to time be necessary, they may dissolve one organized district, and annex it to another.''
Motion for a MANDAMUS, commanding Davidson and others, school inspectors of the county of Wayne, to pay or cause to be paid to school district No. 12, in said township, such sum of money as the district may be entitled to by law, from the common school fund, and from the fund arising from the taxes of the township.
It appeared that November 22, 1842, the respondents divided district No. 4, in said township, into two districts, the new district being numbered 12-that on the first day of December following, the or.