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be elected.

SECTION 1. There shall be elected at each biennial election, a State officers to secretary of state, a superintendent of public instruction, a state treasurer, commissioner of the land office, an auditor general, and an attorney general, for the term of two years. They shall keep where to keep their offices at the seat of government, and shall perform such duties as may be prescribed by law.

offices.

SEC. 2. Their term of office shall commence on the first day of Term of office. January, one thousand eight hundred and fifty-three, and of every

second year thereafter.

filled.

SEC. 3. Whenever a vacancy shall occur in any of the State offices, Vacancy, how the governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session.

ARTICLE XIII.

EDUCATION.

intendent of pub

SECTION 1. The superintendent of public instruction shall have Duties of superthe general supervision of public instruction, and his duties shall lic instruction. be prescribed by law.

SEC. 2. The proceeds from the sales of all lands that have been School fund. or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other prop

Escheats.

Free schools.

erty given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation.

SEC. 3. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the State; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools.

SEC. 4. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the Instruction con- State; and all instruction in said schools shall be conducted in the ducted in English English language.

language.

District schools.

of public money.

SEC. 5. A school shall be maintained in each school district at When deprived least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools.

Election of regents of the university.

Vacancy, how filled.

Regents a body corporate.

President of the university.

SEC. 6. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the supreme court, eight regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a justice of the supreme court thereafter, there shall be elected two regents, whose term of office shall be eight years. When a vacancy shall occur in the office of regent, it shall be filled by appointment of the governor. The regents thus elected shall constitute the board of regents of the university of Michigan.

1

SEC. 7. The regents of the university, and their, successors in office, shall continue to constitute the body corporate known by the name and title of "The regents of the university of Michigan."

SEC. 8. The regents of the university shall, at their first annual ms. , or as soon thereafter as may be, elect a president of the university, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at

1Amendment agreed to by the legislature of 1861, and approved by the people in

1862.

the meetings of the regents, and be the principal executive officer

terest fund.

of the university. The board of regents shall have the general University insupervision of the university, and the direction and control of all expenditures from the university interest fund.

education.

SEC. 9. There shall be elected at the general election in the year State board of one thousand eight hundred and fifty-two, three members of a State board of education; one for two years, one for four years, and one six years; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex officio Superintendent a member and secretary of such board. The board shall have the tion a member. general supervision of the State normal school, and their duties school, shall be prescribed by law.

of public instruc

Care of normal

school.

SEC. 10. Institutions for the benefit of those inhabitants who are Asylums. deaf, dumb, blind, or insane, shall always be fostered and supported. SEC. 11. The legislature shall encourage the promotion of intel- Agricultural lectual, scientific, and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the university, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.

be applied for

SEC. 12. The legislature shall also provide for the establishment Libraries. of at least one library in each township and city; and all fines Penal fines to assessed and collected in the several counties and townships for any libraries. breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Pro- Proviso. vided, That in no case shall such fines be used for other than library or school purposes.1

1 Amendment agreed to by the legislature of 1879, and approved by the people in 1881; takes effect January 1, 1882.

STATUTORY PROVISIONS.

Powers and duties of.

Act No. 164, Laws of 1881.

CHAPTER I.

THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(§1.) SECTION 1. The People of the State of Michigan enact, That the superintendent of public instruction shall have general supervision of public instruction and of all State institutions, other than the university, that are essentially educational in their character, and it shall be his duty, among other things, to visit the university, the agricultural college, the institution for the deaf and dumb, the school for the blind, the reform school, the reform school for girls, and the public school for dependent and neglected children, and to meet with the governing boards of each of said instituTo make annual tions at least once in each year. He shall also prepare annually, and transmit to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing: First, A statement of the condition of the university and of each of the several State educational institutions, all incorporated institutions of learning, and the primary, graded, and high schools; Second, Estimates and amounts of expenditures of all educational funds;

report.

Contents of.

Deputy Super. intendent.

Duties of.

School laws to be compiled and forms, etc.

Third, Plans for the management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required;

Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all State institutions of educational character;

Fifth, Abstracts of the annual reports of the school inspectors of the several townships and cities of the State;

Sixth, All such other matter relating to his office and the subject of education generally as he shall deem expedient to communicate.

(§2.) SEC. 2. He may appoint a deputy superintendent of public instruction and revoke such appointment in his discretion, and such deputy shall take the constitutional oath of office, which, with his appointment, shall be filed with the secretary of state. Said deputy may execute the duties of the office in case of a vacancy or the absence of the superintendent.

(§3.) SEC. 3. The superintendent of public instruction shall published with compile and cause to be printed all general laws relating to schools, together with all necessary forms, regulations, and instructions for conducting all proceedings under said laws, or relative to the organization and government of the schools, including rules and

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