OJnrn^ll ICaiii i>rl|nnl ICibrati} 
 
u.^m.^^^Si'S'" UnlveraHy Library 
 KFM4590.A3 1869 
 
 iii§i^.li!S?L.',K? of Michigan : 
 
 3 1924 024 689 048 ». 
 
Cornell University 
 Library 
 
 The original of tliis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024689048 
 

 I'll 
 
T HE 
 
 SCHOOL LAWS OP MICHIGAN, 
 
 l<rOTES AJ^TD FORMS: 
 
 TO WHICH ABE ADDED DESIONS FOB 
 
 SCHOOL-HOUSES, AND STYLES OP FURNITURE, 
 PUBLISHED BT AUTHOKITY. 
 
 OKAMEL HOSFOED, 
 
 S¥P EEINTENDENT OP PUBLIC Ilf ST E ff CT I »< 
 
 LANSING: 
 W. S. GEORGE & CO., PRINTERS TO THE STATE, 
 
 1869. 
 
 
KFA1 
 
INTRODUCTORY NOTE. 
 
 Office op Public Insteuotion, ) 
 August, 1869. 3 
 
 It becomes the duty of the Superintendent of Public In- 
 struction to publish a new edition of the school laws; the last 
 edition being exhausted. The radical changes which have 
 been made in these laws since they were published, also make 
 this revision and publication necessary. Nearly eighty sections 
 have been added, amended or repealed, since the edition of 
 1864 was issued. ' 
 
 The statutes of the State provide that the laws relating to 
 Primary Schools shall be prepared and printed under the 
 supervision of the Superintendent, as will be seen from the 
 following sections, which define his duties: 
 
 Sec. 3. He shall prepare and cause to be printed, with the 
 laws relating to Primary Schools, all necessary forms, regula- 
 tions, and instruments [instructions] for conducting all pro- 
 ceedings under said laws, and transmit the same, with such 
 instructions relative to the organization and government of 
 such Schools, and the course of studies to be pursued therein, 
 as he may deem advisable, to the several officers entrusted 
 with their care and management. 
 
 Sec. i. School laws, forms, regulations, and instructions shall 
 be printed in pamphlet form, with a proper index, and shall 
 liave also annexed thereto a list of such books as the Superin- 
 tendent shall think best adapted to the use of the Primary 
 :Schools, and a list of books suitable for township libraries, 
 with such rules as he may think proper for the government of 
 jsuch libraries. 
 
a INTEODUCTOBT NOTE. 
 
 The codification ot the substance of the laws, which was 
 published in the last edition, has been omitted, as it is believed 
 to have been seldom referred to, and is, therefore, of little 
 practical benefit; but the notes have been thoroughly revised, 
 to meet the changes in the law, and the nnmerous questions 
 that have from time to time arisen as to its intent and meaning. 
 Probably nine-tenths of the notes in the book have been sug- 
 gested by letters received from school officers requiring an 
 explanation of the points involved. The notes, therefore, are 
 not merely a dissertation upon the law, but an exposition of 
 actual questions. 
 
 In this volume will be found the law creating the office of 
 County Superintendent, with which every school officer should 
 be familiar; and the law for a tax on dogs, which may be made 
 an important source of revenue to the schools. 
 
 The Forms for use of school officers have been revised to 
 meet the changes in the law. 
 
 Special attention has been given to the subject of school 
 architecture. Nothing adds more to the attractiveness of the 
 rural districts of the State than the beautiful school-houses, 
 with ample grounds, well fenced, graded, and surrounded with 
 trees. Who cannot bear witness to the exalted opinion of the 
 people which a traveler at once entertains when he passes such 
 an evidence of their thrift, taste, and love of intelligence ? 
 
 The attention of those interested in building school-houses is 
 particularly called to what is said on the subject of ventilation. 
 To secure an abundance of pure air in constant supply, costs 
 but a trifle. Its value to teachers and children is as great as 
 is good health and vigorous energy. Should a catalogue of 
 the nervous and other diseases generated in the school-room by 
 the constant breathing of an atmosphere impregnated with 
 death, be made, it would be found a fearful one. Plans are 
 presented in this volume which will relieve the school-room of 
 this great evil. 
 
 So little attention has been given to previous recommenda- 
 tions of text books for the schools, and as the different series 
 
INTEODDCTOKT NOTE. 
 
 of books are so well known in the State, it is not deemed im- 
 portant to publish a list. Two or three series are so similar, 
 and nearly or quite equal in value, it is not so important that 
 a particular series should be introduced, as that there should 
 be a uniformity of text books. 
 
 The State Board of Education revised and published a Ust 
 of library books, for several years; but so few books were pur- 
 chased from the list, no bookseller was found ready to make a 
 bid to furnish the books at reduced rates; and the Board. 
 therefore, found that their labor was valueless; and as the 
 publication and circulation of the prepared lists incurred a 
 large expense, — amounting to several hundred dollars, — it was 
 thought best not to publish any more. For the same reasons 
 no list of library books will be printed lin this volume. 
 
 Oare has been taken to make this work so complete in the 
 text of the law, and in the explanatory notes, forms, &c., that 
 school officers will find it no very difficult matter to understand 
 their duty. But to this end a careful study of the book will be 
 necessary. Many letters are received every year, asking infor- 
 mation which might have been found by a simple reference to 
 the index. Still, questions will sometimes arise, the solution of 
 which may not be found in the book; and all letters to the 
 office of Public Instruction, pertaining to school affairs, are 
 always promptly answered. 
 
 A full index, at the close of the book, will enable the reader 
 to find the law upon any point to which the attention may be 
 called. 
 
 A copy of this volume will be furnished to each district, 
 township and county officer concerned in the administration of 
 the school laws, to be used by him during his term of office, 
 and at the expiration thereof to be delivered to his successor. 
 
 O. HOSFORD, 
 
 , Svperintendent of Public Instruction. 
 
PROVISIONS OF THE CONSTITUTION RELATIVE- 
 TO EDUCATION. 
 
 Article Thirteen of the Constitution of Michigan, under the' 
 head "Education,"' makes the following provisions: 
 
 Section 1. The Superintendent of PubUc Instruction shall 
 have the general supervision of public instruction, Enpermtend- 
 and his duties shall be prescribed by law. ™'' 
 
 Sec. 2. The proceeds from the sales of all lands that have 
 been or hereafter may be granted by the United gcj,ooif„„j 
 States to the State, for educational purposes, and 
 the proceeds of all lands or other property given by individ- 
 uals, or appropriated by the State for like purposes, shall be 
 and remain a perpetual fund, the interest and in- p^^. ^^^^ 
 come 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 defeot- 
 of heirs, shall escheat to the State; and the interest j. ^ , 
 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 es- 
 
 . IV , . £ • 1.11.1. Free schools to 
 
 tablish a system of primary schools, whereby a beproTWed. 
 school shall be kept without charge for tuition, at 
 least three months in each year, in every school district in the 
 State; and all instruction in said schools shall be conducted in 
 the English language. 
 
 {Section 4.) The Legislature of 1869 has, at length, complied 
 with this requirement: Districts with less than thirty children 
 must have three months free school; with' from thirty to eight 
 hundred children, they must have five months; and with over 
 eight hundred children, nine mouths. 
 
8 CONSTITUTIONAL PKCVIBIUHB 
 
 Sec. 5. A school shall be maintained in each school district 
 
 at least three months in each year. Any school 
 
 ?ohooTs'; district neglecting to maintain such school, shall be 
 
 Penalty for not deprived for the ensuing year of its proportion of 
 
 having BohooL ^j^g income of tlie primary school fund, and of all 
 
 funds arising from taxes for the support of schools. 
 
 Sec. 6. There shall be elected in each judicial cu-cuit, at the 
 
 time of the election of the judge of such circuit, a 
 
 unfvCT*lif Eegent of the University, whose term of office shall 
 
 be the same as that of such judge. The Eegents 
 
 thus elected shall constitute the Board of Kegents of the 
 
 University of Michigan. 
 
 Sec. 7. The Eegents of the University, and their successors 
 
 in office, Bl^all continue to constitute the body corpo- 
 
 Ecgentsabody y.^^ known by the name and title of "The Eegents 
 
 corporate. . , -r^ . .. * ii«-* i • „ 
 
 of tl\e University of Michigan. 
 
 Sec, 8. The Eegents of the University shall, at their first 
 annual meeting, or as soon thereafter as may be, 
 p?Snto° elect a President of the University, who shall be 
 University. ^ officio & member of their board, with the privi- 
 lege of speaking, but not of voting. He shall preside at the 
 meetings of the Eegents, and be the principal executive officer 
 ... of the University. The Board of Eegents shall 
 ui>orvision. ^^^^^ ^^^ general supervision of the University, and 
 tbo direction and control of all expenditures from the Univer- 
 sity Interest Fund. 
 
 Sec. 9. There shall be elected at the general election in the 
 year one thousand eight hundred and fifty-two, 
 Eciucaton"'.*°^ three members of a State Board of Education- 
 one for two years, one for four years, and one for 
 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 a member and secretary of such board. The board 
 shall have the general supervision of the State Normal School, 
 and their duties shall be prescribed by law. 
 
 {Section 5.) " Taxes for the support of schools." This can 
 only be construed to mean all taxes raised for the payment of 
 teachers — including the two miU tax, and district taxes for 
 teachers' wages; but not taxes for building purposes, and the 
 like. 
 
RELATIVE TO EDUCATION. 9 
 
 Sec. 10. Institutions for the benefit of those inhabitants who 
 are deaf, dumb, blind or insane, shall always be ^^ ^^^ 
 fostered and supported. 
 
 Sec. 11. The Legislature shall encourage the promotion of 
 intellectual, scientific and agricultural improve- 
 ment; and shall, as soon as practicable, provide for sotoo?."""^' 
 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 
 Eegents of the University. 
 
 Sec. 12. The Legislature shall also provide for the establish- 
 ment of at least one library in each township; and 
 all fines assessed and collected in the several coun- uStes!' 
 ties and townships for any breach of the penal 
 laws, shall be exclusively applied to the support of such 
 libraries. 
 
 (Section 12.) This provision of the Constitution is practi- 
 cally nullified by the present law, which leaves the libraries — 
 both township and district — without any reliable means of 
 support; and the receipts from fines are very often " exclusively 
 applied " to other purposes. 
 
SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 By an act approved April 4th, 1851, (page 708 compiled* 
 laws,) the duties of the Superintendent of Public Instruction 
 are thus defined: 
 
 Section 1. The Superintendent of Public Instractio n shall 
 have general supervision of Public Instructi on, and 
 onfto have it shall bc his duty, among other things, to prepare- 
 IS".'^"''^'^" annually, and transmit a report to the Governor, to- 
 be transmitted by him to the Legislature at eacb 
 biennial session thereof, containing: 
 
 1. A statement of the condition of the University, and its- 
 branches, of all incorporate Literary Institutions, and of th& 
 Primary Schools; 
 
 2. Estimates and amounts of expenditures of the School 
 money; 
 
 3. Plans for the improvement and management of all educa- 
 tional funds, and for the better organization of the educational 
 system, if in his opinion the same be required; 
 
 4. The condition of the Normal School; 
 
 5. All such other matters relating to his office, and the sub- 
 ject of Education generally, as he shall deem expedient to- 
 communicate. 
 
 Sec. 2. He shall mate all necessary abstracts of the reports^ 
 Report to em- of Sohool Inspectors, transmitted to him by the 
 ofreporVs'of" clcrts, and embody so much of the same in his 
 Inspectors. report as may be necessary. 
 
 Sec. 3. He shaU prepare and cause to be prin ted, vdth the 
 laws relating to Primary Schools, all necessary 
 ro°ms, regu- forms, regulations, and instruments [instructions] 
 lations, etc. j^^. conducting all proceedings under said laws, and' 
 transmit the same, with such instructions relative to the or- 
 ganization and government of such schools, and the course 
 of studies to be pursued therein, as be may deem advisable, tO' 
 the several officers entrusted with their care and management.. 
 
SUPERINTENDENT OF PUBLIC INSTEDCTION. 11 
 
 , Sec. 4. School laws, forms, regulations and instructions shall 
 be printed in pamphlet form, with a projper index, ^^^^^ ^^^^ 
 and shall have also annexed thereto, a list of such forms, etc.,' 
 books as the Superintendent shall think best adap- '° ''"p''""^''- 
 ted to the use of the Primary Schools, and a list of books 
 suitable for township libraries, with such rules as he may think 
 proper for the government of such libraries. 
 
 Sec. 5. He shall annually, on receiving notice from the 
 Auditor General of the amounts thereof, apportion . 
 
 It ■ 1..1T-.- f-.i -iT-i 1 ,-, Apportionment 
 
 the mcome of the Primary School Fund among the of Primary 
 several townships and cities of the State, in pro- ^'"'°' ^"'"'" 
 portion to the number of scholars in each between the age of 
 five and twenty years, as the same shall appear by the reports 
 of the several township Inspectors of Primary Schools, made 
 to him for the year last closed. 
 
 Sec. 6. He shall prepare annually a statement of the amount, 
 in the aggregate, payable to each county in the ^^ famish 
 State from the income of the Primary School Fund, Aaduor oen- 
 and shpiU deliver the same to the Auditor General, nuai statement 
 who shall thereupon draw his warrant upon the payabieto"™' 
 State Treasurer in favor of each county, for the each county. 
 amount payable to such county. 
 
 Sec. 7. He shall also send written notices to the clerks of the 
 several counties, of the amount in the aggregate, jjoticeto 
 to be disbursed in their respective counties, and county cierk of 
 the amount payable to the townships therein, re- ™burs6din 
 spectively; which notice shall be disposed of as each county. 
 directed by an act entitled " An act to amend chapter fifty- 
 eight of the revised statutes of one thousand eight hundred 
 and forty-six," approved March twenty-eight, one thousand 
 eight hundred and fifty. [That is, file the same in his office, 
 and deliver a copy to the County Treasurer. See section 112.] 
 
 Sec. 8. Whenever the returns from any county, township or 
 eity, upon which a statement of the amount to be ^^^^^ ^^ 
 disbursed or paid to any such county, township or portionmcnt; 
 city, shall be so far defective as to render it imprac- odVhe^re-'^ 
 ticable to ascertain the share of public moneys ports defeot- 
 which ought to be disbursed or paid to such county, 
 township or city, he shall ascertain, by the best evidence in his 
 power, the facts upon which the ratio of such apportionment 
 shall depend, and shall make the apportionment accordingly. 
 
12 SUPEKINTENDEKT OF PUBLIC INSTEtrCTION. 
 
 Sec. 9. "Whenever, by accident, mistake, or any other cause, 
 the returns from any county, township or city, upon 
 deficiency'may which a statement of the amount to be disbursed 
 i-helenyea^. *° *^y ^""^ county, township or city, shall not con- 
 tain the whole number of scholars in such county, 
 township, or city entitled to draw money from said fund, by 
 which any such county, township or city, shall fail to have ap- 
 portioned to it the amount to which it shall justly be entitled, 
 the Superintendent, on receiving satisfactory proof thereof, 
 shall apportion such deficiency to such county, township or 
 •city, in his next annual apportionment. 
 
 Sec. 10. Upon all sums paid into the State Treasury upon 
 ^, account of the principal of any of the educational 
 
 Interest on Ed- - , i. t. ii. .•'. . i n i 
 
 ncationaiFund; funds, except where the provision is or shall be 
 andhoTpaw* made by law, the treasurer shall compute interest 
 from the time of such payment, or from the time of 
 the last computation of interest thereon, to the first Monday 
 of April in each and every year, and shall give credit therefor 
 to each and every school fund, as the case may be; and such 
 interest shall be paid out of the general fund. 
 
 Sec. 11. The Superintendent shall, at the expiration of his 
 
 term of office, deliver over, on demand, to his suc- 
 
 Mt to'dc™vCT cessor, all property, books, documents, maps, rec- 
 
 b°okretc°'^' °^^^) reports, and all other papers belonging to his 
 
 ' office, or which may have been received by him for 
 
 the use of his office. 
 
 Sec. 12. Chapter fifty-six of the revised statutes of one 
 Certain enact- thousand eight hundred and forty-six, and an act 
 ments repeal- to amend Said chapter fifty-six, approved March 
 *''■ twenty-ninth, one thousand eight hundred and 
 
 jfifty, are hereby repealed. 
 
PEIMAEY SCHOOL LAW, 
 
 WITH NOTES AND INSTfiUCTIONS BY THE SUPEBINTENDENT OP PUBLIC 
 INSTRUCTION. 
 
 DISTRICTS. 
 
 Section 1. Whenever the board of school inspectors of any 
 township shall form a school district therein, it shall ^^^^ ^^^ ^.^ 
 be the duty of the clerk of such board to dehver to triot is formed, 
 a taxable inhabitant of such district, a notice in toTeUver'n'S 
 ■writing of the formation of such district, describ- {^hljljt^f'''''* 
 ing its boundaries, and specifying the time and 
 place of the first meeting, which notice, with the fact of such 
 delivery, shall be entered upon the record by the clerk. 
 
 (Section 1.) 1. The power and duty of dividing the territory 
 •f a township into school districts are vested in the school in- 
 spectors, (section 71,) and they are not required to wait for 
 any petition or request of the inhabitants, before proceeding 
 to exercise this power. They should form districts as fast as the 
 wants of the people shall, in their judgment, demand it, taking 
 eare to keep the districts as large and compact in form as. 
 practicable. 
 
 2. The district must be properly numbered when formed, 
 and care should be taken not to repeat any number, even in 
 case of fractional districts. Fractional districts are numbered 
 in the township in which the school-house is situated, and have 
 no other number in other townships. Some towns have as 
 many as four districts with the same number. Inspectors 
 should renumber the districts, if necessary, so that each will 
 be different. Make them, for example. No. 1, No. 2, No. 3 
 fractional, No. 4, No.. 5, frL, No 6 frL No. 7, &c.,, ajid when a 
 
14 PEIMAKT SCHOOL LAW. 
 
 Sec. 2. The said notice shall also direct such inhabitant ta 
 
 notify every qualified voter of such district, either 
 se^enotioJ? personally or by leaving a written notice at his 
 
 place of residence, of the time and place of said 
 meeting, at least five days before the time appointed therefor; 
 Duty to serve; ^^^ it shall be the duty of such inhabitant to no- 
 see section 129. tify the qualified voters of said district accordingly. 
 Sec. 3. The said inhabitant, when he shall have notified the 
 
 qualified voters as required in such notice, shall 
 Mtr™ °^ endorse thereon a return, showing such notification, 
 
 with the date or dates thereof, and deliver such 
 notice and return to the chairman of the meeting. 
 
 Sec. 4. The said chairman shall deliver such notice and 
 „„,. . return to the director chosen at such meeting, who 
 
 Notice and TO- ,,, , ii> t t t 
 
 turn to lie shall record the same at length, in a book to be 
 recor ed. provided by him, at the expense of the district, as 
 a part of the records, of such district. 
 
 new district is created, let it count on, whether whole or 
 fractional. 
 
 3. The place of the meeting should be within the bounds of 
 the district, and ruay be a private house, the consent of the 
 owner or occupant being gained. 
 
 (Sections 2-4.) 1, Any taxable inhabitant who shall receive 
 the notice mentioned in sections 1 and 2, and shall refuse or 
 neglect duly to serve such notice, incurs a penalty of five 
 dollars. The chairman of the first meeting, under the notice, 
 also incurs a penalty of five dollars, for any neglect of the 
 duty prescribed for him by section 4. Section 129. 
 
 2. The omission to notify one or several persons not known 
 to be residents of the district, will not invalidate the action of 
 the majority of the legal voters in organizing the district, if 
 there was no fraudulent intent in the omission. 
 
 3. The returns endorsed upon the notice, or attached to it, 
 must show the names of all the persons notified, and the date 
 of each one's notification. 
 
 4. The persons to be notified under the term "qualified 
 voters," in sections 2 and 3, are every resident of the district 
 who is an elector at a township meeting, and every person lia- 
 ble to pay a district tax, whether male or female. Section 145. 
 
PEIMABT SCHOOL LAW. 15 
 
 Sec. 5. The qualified voters of such district, when assembled 
 pursuant to such previous notice, and all existing 
 districts, at their annual meeting in the year one f^^l"^"^ 
 thousand eight hundred and fifty-nine, shall elect 
 from the quahfied voters of such district, a moderator for three 
 
 5. The qualified voters having assembled, should organize 
 the meeting by choosing a chairman and clerk, and the person 
 'holding the notice and return for the meeting, should deliver 
 ■the same to the chairman. 
 
 6. As great importance often attaches to the* record of the 
 ■proceedings of meetings, this record should be invariably read 
 to the meeting, for approval, before the adjournment. 
 
 {Section 5.) 1. The intention of the law is, that after the first 
 instance, all district officers shall be elected for three years 
 each, and that only one shall be elected each year, except in 
 case of vacancies. Thus, when the term of office of the first 
 assessor, which is but one year, shall expire, his successor 
 shall be elected for three years. The first director's term of 
 office will expire with the second year, when his successor must 
 be elected for three years. The law allows the new officer ten 
 days time ia which to file his acceptance, and as it cannot have 
 been designed that the district should be without one of its 
 officers during that time, it must be held that the old officer 
 ' holds his office tUl his successor files his acceptance, but not 
 beyond the ten days. If the acceptance is not filed within that 
 time, the office becomes vacant, and must be filled as provided 
 in section 66. 
 
 2. Should any district office become vacant before the expi- 
 ration of the three years, a new officer must be appointed or 
 elected, to serve out the unexpired term. See section 66. 
 
 3. As the law provides that the annual meeting of each 
 school district shall be held the first Monday of September, 
 the time intervening between the first meeting of a newly 
 organized district, and the first Monday in the following 
 September, must be counted as one year in the terms of office. 
 
16 PEIMARY SCHOOL LAW. 
 
 years, a director for two years, and an assessor for one year; 
 and on the expiration of their respective terms of office, and 
 regularly thereafter, their several successors shall be elected 
 for a term of three years each. Within ten days after their 
 election, these several officers shall file with the director a writ- 
 ten acceptance of the offices to which they shall have been 
 respectively elected, which shall be recorded by said director. 
 
 4. As the officers elect of a newly organized district must 
 file their acceptance with the director, he must necessarily file 
 and record his own acceptance. This case of an officer filing 
 his acceptance with himself, will also occur whenever the same 
 director is elected two terms in succession. In ordinary cases 
 the new director should file his acceptance with the old director. 
 An informality in this respect will not, however, invalidate the 
 election. 
 
 5. Section 146, passed in 1855> provides that in case the 
 qualified voters of a newly formed district fail to elect district 
 officers, the township board of school inspectors shall appoint 
 such officers — as also in old districts where all the offices be- 
 come vacant, or where the district persistently neglects to fill 
 the offices. 
 
 6. A majority of the qualified voters voting is necessary to a 
 valid election of any officer. 
 
 7. The election may be either by ballot or by voice, but in 
 either case, an accurate count should be made, to ascertain 
 whether any candidate has a majority of all the votes given. 
 The better and safer way is to elect by ballot. 
 
 8. In case all the offices become vacant, no special meeting 
 can be called to elect, as provided in section 66. In such case 
 the voters may apply to the inspectors, who may appoint as 
 provided by section 146, or the legal voters may assemble at 
 the usual time and place, at the next annual meeting and elect 
 a successor to the officer whose term would expire that day, 
 and fill the vacancies for the unexpired, terms. 
 
PRIMAET SCHOOL LAW. 17 
 
 Sec. 6. Every such school district shall be deemed duly 
 organized, when any two of the ofificers elected at ^^^^ ^ ^j^ 
 the first meeting shall have filed their acceptance triotiadeemad 
 as aforesaid. organized. 
 
 Sec. 7. In case the inhabitants of any district shall fail to 
 organize the same in pursuance of such notice as „ „,,„, ,„ 
 atoresaid, tne said clerk shall give a new notice in case of failure 
 the manner hereinbefore provided, and the same '°'"'8^°'^°- 
 proceedings shall be had thereon as if no previous notice had 
 been delivered. 
 
 Sec, 8. Every school district organized in pursuance of this 
 chapter, or which has been organized and contin- corporate 
 ued under any provision of law of the State or powers of 
 territory of Michigan, shall be a body corporate, '*'*'"°'^- 
 and shall possess the usual powers of a corporation for public 
 purposes, by the name and style of " School District Number 
 
 , (such number as shall be designated in the formation 
 
 thereof by the inspectors,) of ," (the name of the town" 
 
 ship or townships ia which the district is situated,) and in 
 that name shall be capable of suing and being sued, and of 
 
 {Section 6.) 1. Should the oflScers elected be present and file 
 their acceptances, the district may be considered duly organ- 
 ized; but it has been held that, as the meeting was called for 
 the sole purpose of organizing, no further business can be 
 transacted. A special meeting should be called, as provided in 
 section 12, to transact whatever business may be necessary for 
 the establishment of a school. 
 
 2. Persons elected to district offices, and neglecting or 
 refusing, without sufficient cause, to file their acceptance or 
 serve in office, forfeit the sum of ten dollars. Section 130. 
 
 3. No person can act legally as an officer until after his 
 acceptance has been properly filed. (See form No. 4.) In 
 case of failure to file an acceptance within ten days after the 
 election, the office is to be considered vacant. 
 
 (Section 7.) If, after the second notice, the inhabitants 
 fail to organize, the inspectors may proceed to domplete the 
 organization by appointing officers, as provided iu section 146. 
 (See form 15.) 
 
18 KtlMABY SCHOOL LAW. 
 
 holding such real and personal estate as is authorized to be 
 purchased by the provisions of this chapter, and of selling the 
 same. 
 
 Sec. 9. The record made by the director, as required by the 
 fourth section of this chapter, shall be prima facie 
 ^rd'evide'nol?' evidence of the facts therein set forth,, and of. the 
 legality of all proceedings in the organization oE 
 the district prior to the first district meeting; but nothing in 
 this section contained shall be so construed as to impair the 
 effect of the record kept by the school inspectors, as evidence. 
 
 See. 10. Every school district shall, in all cases, be presumed 
 Presumption to have been legally organized,, when it shall have 
 of legal exercised the franchises and privileges of a district 
 
 orgaoizatio. ^^^ ^^^ ^^^^ ^j ^^^ ^^^^^^ 
 
 DISTRICT MEETINGS. 
 
 Sec. 11. The annual meeting of each school district shall be 
 Annual ^^Id on the first Monday of September, in each 
 
 piccting. year, and the school year shall commence on that day. 
 
 (Section 11.) 1. If the annual meeting is not held on the 
 day specified in this section, no annual meeting can be held 
 during the year; but a special meeting may be called to fill 
 vacancies and transact such business as may be done at a 
 special meeting. 
 
 2. The qualified voters present at the annual meeting may 
 adjourn the meeting to some subsequent day, and such ad- 
 journed meeting is still to be considered as the annual meet- 
 ing, and authorized to do whatever is lawful to be done at any 
 Annual meeting. A notice of the time and plape of the ad- 
 journed meeting should be posted by the director as required 
 for any other meeting; but a failure, without fraudulent 
 intention, to post such notice, will not render the meeting 
 illegal. 
 
 3. The legal voters may, and should, assemble at the usual 
 hour and place and hold the annual meeting, even though no 
 notice has been given. If neither of the officers is present, the 
 voters may appoint a chairman and clerk. (See sections 29 
 fkud 37.) 
 
PEIM4RY SCHOOL LAW. 19 
 
 Sec. 12. Special meetings may be called by the district board, 
 and it shall be the duty of said board, or any one of g jg, „,ggt. 
 them, to call such meetings on the written request mK»; iiow 
 of not less than five legal voters of the district, by °* ° ' 
 giving the notice required in the next succeeding section; and 
 in all notices for special meetings, the general object of the 
 meeting shall be stated. 
 
 Sec. 13. All notices of annual or special district meetings, 
 after the first meeting has been held as aforesaid, 
 shall specify the day, and hour, and place of meet- moetines!^ 
 ing, and shall be given at least six days previous to 
 such meeting, by posting up copies thereof in three of the 
 most public places in the district; and in case of any special 
 
 4. There are certain powers belonging to the annual meeting, 
 which cannot be exercised by a special meeting. (See section 
 24) The decision of the annual meeting in reference to such 
 matters as can only be decided at an annual meeting, may be 
 reconsidered and rescinded at a special meeting called for that 
 purpose; but no new decision can be substituted. 
 
 (Section 12.) 1. The district board may call a special meet- 
 ing, on their own suggestion, and without the written request 
 required in this section. Any one member of the board must 
 call such meeting on the written request of five legal voters. 
 
 2. No object can be legally acted on by a special meeting, 
 unless such object was stated in the notice of the meeting. A 
 general statement in the notice that the meeting is " to trans- 
 act such business as may be brought before it," is not sufficient. 
 No business can be legally introduced under such notice. The 
 objects should be those mentioned in the written request; but 
 the board may also include other objects, and no business can 
 be transacted save what grows legitimately out of the subjects 
 noticed. The request of the five voters should be entered on 
 the record of the meeting. 
 
 3. A special meeting may adjourn from time to time, in which 
 case like notice of the adjourned meeting should be given, as 
 was required for the first meeting, though an adjourned meet- 
 ing will not be illegal without such notice. 
 
20 PKIMAET SCHOOL LAW. 
 
 meeting called for the purpose of establishing or changing the 
 site of a school-house, such notice shall be given at least ten 
 days previous thereto : Provided, That when any of the district 
 board shall receive a request to call a special meeting, as pro- 
 vided in the preceding section, he shall forthwith give notice, 
 as above provided, of said meeting, which shall be called in 
 not less than six nor more than twelve days from the time the 
 said officer shall receive the notice aforesaid. 
 
 (Section 13.) 1. The proviso in section 13 was added in 
 1869, and bunglingly attached to this section instead of section 
 12, where it naturally belongs, and of part of which it is mere 
 repetition. 
 
 2. A meeting, to be legal, must be held at the place and hour 
 specified in the notice, except that the voters first present may 
 wait a reasonable time for others, before beginning business; 
 but Tinder a notice of a meeting to be held at 7 o'clock P. M., 
 no meeting can be legally called to order and organized at 9 
 o'clock P. M. A meeting called to be held at, or in, the school- 
 house, may be held on the steps if the school-house is locked. 
 
 3. Any number of legal voters assembling at the time and 
 place designated in the notice, may proceed to business, after 
 waiting a reasonable time for other voters, or for the officers. 
 Half an hour after the time appointed has been held a reason- 
 able time to wait. The meeting should certainly be organized 
 within the hour, to make it legal. If no notice of the annual 
 meeting has been given, it should be held, as near as may be, 
 at the usual place and hour as in former years; but considera- 
 ble latitude would be given in regard to the time, if all is done 
 in good faith. 
 
 4 If a new body of voters appear before the meeting is 
 adjourned, any motion or resolution already passed may be 
 reconsidered and rescinded; but after the adjournment, neither 
 the same, nor another body of voters, can reorganize the 
 meeting and pass any vote that shall be binding on the 
 district. 
 
PEIMAKY SCHOOL LAW. 21 
 
 Sec. 14. No district meeting shall be deemed illegal for want 
 of due notice, unless it shall appear that the omis- Not luegai for 
 sion to give such notice was willful and fraudulent, ''•"'"'■"'"ob- 
 
 Sec. 15. This section is repealed. Section 145 takes its 
 place. 
 
 Sec. 16. If any person offering to vote at a school district 
 meeting shall be challenged as unqualified, by any ^ „ 
 legal voter m such district, the chairman presiding peraons cffor- 
 at such meeting shall declare to the person chal- "'k"'t°"'- 
 lenged the qualifications of a voter,^and if such person shall 
 state that he is qualified, and the challenge sliall not be with- 
 drawn, the said chairman shall tender to him an oath, in sub- 
 stance as follows: "You do swear (or affirm) that ^^^^ 
 you are twenty-one years of age; that you are an 
 actual resident of this school" district, and liable to pay a school 
 district tax therein;" and every person taking such oath shall 
 be permitted to vote on all questions proposed at such meeting. 
 
 Sec. 17. If any person so challenged shall refuse to take 
 such oath, his vote shall be rejected, and any per- j,^,^^ ^^^^ ^^ 
 son who shall willfuUy take a false oath, or make a be deemed 
 false affirmation, under the provisions of the pre- '"■'""'^• 
 ceding section, shall be deemed guilty of perjury. 
 
 (Section 14.) This must refer to the annual meeting, since 
 no special meeting can be held without " due notice," under 
 any circumstances. But section 12 says the annual meeting 
 shall be held on the first Monday in September, and every Ad- 
 ministration of the Department of Public Instruction has held 
 that an annual meeting without notice is legal, whatever the 
 cause of such omission may be. The whole provision of sec- 
 tion 14 appears inconsistent and nugatory. (For forms of 
 notice, see No.'s 5 and 7.) 
 
 (Sections 16 and 17.) 1. Section 145, enacted in 1867, virtu- 
 ally abrogates these sections, since it makes the qualifications 
 of voters entirely different from what they were when sections 
 16 aad 17 were enacted; and it was an evident oversight that 
 these sections were not repealed, or the oath modified to harmo- 
 nize with section 145. As it is, when a person is challenged, 
 he should be required to make oath according to the terms of 
 section 145. Failing to do this, his vote should be rejected. 
 
22 PRIMARY SCHOOL L4W. 
 
 Sec. 18. When any question is taken in any other manner 
 
 , than by ballot, a challenge immediately after the 
 
 lengo may be vote has been taken, shall be deemed to be made 
 
 '"'"'°" when offering to vote, and treated in the same 
 
 manner. 
 
 Sec. 19. The qualified voters in such school district, when 
 „„, lawfully assembled, shall have power to adjourn 
 
 Powers of J j. i.- , i j • 
 
 voters at irom time to time, as may be necessary; to desig- 
 meetinge. ^^^^^ ^ ^jj.^ ^^^ ^ Bchool-house, by a vote of two- 
 thirds of those present, and to change the same by a similar 
 vote, at any regular meeting. 
 
 Sec. 20. When no site can be established by such inhabitants 
 When Inspect- ^^ aforesaid, the school inspectors of the township 
 ors to deter- or townships in which the district is situated shall 
 mine si e. determine ■\yhere such site shall be, and their deter- 
 mination shall be certified to the director of the district, and 
 shall be final; subject to alteration afterward by the inspectors, 
 on the written request of a majority of the quaUfied voters of 
 the district. 
 
 2. When any vote is received on the oath or aflSrmation of 
 the voter, the name of such voter, together with the statement 
 of his having sworn or affirmed his right to vote, should be 
 entered in the record of the meeting. 
 
 (Sections 19 and 20.) 1. The site should be designated by its 
 boundaries; or if this is impracticable, by general description, 
 in which latter case the board, or a committee, should, by a 
 like two-thirds vote, be directed to fix the precise boundaries; 
 the quantity of land being agreed upon. 
 
 2. When the inhabitants cannot agree upon a site, the voters 
 should instruct the director immediately to notify the inspect- 
 ors of the fact. The law, however, does not prevent the 
 inspectors from taking action without such notice. It is be- 
 lieved that, after repeated trials and failures of the district to 
 agree, the inspectors may act; but, once established by the 
 inspectors, the site cannot be changed by any vote of the 
 district. Nor can the inspectors alter the site so estabUshed, 
 except when requested by a majority of the voters. And when 
 
PRIMABY SCHOOL LA'W'. 23 
 
 Sec. 21. The said qualified voters shall also have power, by 
 the vote of a maiority present and voting at any 
 such meeting, to direct the purchasing or leasing a sue, etc. 
 site determined upon under the preceding sections 
 nineteen or twenty, and the building, hiring, or purchasing 
 of a school-house, or the enlarging of a site previously 
 established. 
 
 Sec. 22. The amount of taxes to be raised in any district,- 
 for the purpose of purchasing or building a school- umitatjon of 
 house, shall not exceed the sum of one thousand tax for schooi- 
 dollars'in any one year, unless there shall be more °"°^^' 
 than fifty children between the ages of five and twenty years 
 residing therein. 
 
 Sec. 23. Such qualified voters, when assembled as aforesaid, 
 may, from time to time, impose such tax as shall ^^^ ^^^ ^^ 
 be necessary to keep their school-house in repair, pairs, and for 
 and to provide the necessary appendages, and to *pi'*'*'"^> ^'•^■ 
 pay and discharge any debts or liabilities of the district law- 
 fully incurred; may raise a sum not exceeding twenty dollars 
 in any one year for the purchase of books of reference, globes^ 
 
 such request is made, they are not bound by the wish of said 
 majority as to the location. If so, the law might just as well 
 have let a majority, instead of two-thirds of the voters, estab- 
 lish the site in the first instance. 
 
 3. It is provided in section 153, that in case of districts hav-' 
 ing more than 300 children, when two-thirds of the voters 
 cannot agree upon a site, a majority of the voters present may 
 instruct the district board to locate such site. 
 
 (Seclion 21.) 1. This is as amended in 1869, abolishing the 
 rate-bill for fuel, leaving that to be provided for by tax, like all 
 other expenses. 
 
 2. While a two- thirds vote is requisite to establish a site, it 
 may be enlarged by a vote of the majority. 
 
 3. For limitations of power to lease sites and build shool- 
 houses, see section 59. 
 
 [Section 22.) Districts having over fifty children may borrow 
 money and issue bonds of the district, for building purposes.- 
 (See section 166.) 
 
24 PRIMABY SCHOOL LAW. 
 
 maps, or any apparatus for the purpose of illustrating the 
 principles of astronomy, natural philosophy, natural history, 
 and agricultural chemistry, or the mechanic arts. 
 
 Sec. 24. They shall also determine, at such annual meeting, 
 the length of time a school shall be taught in 
 
 Pow6r3 of 
 
 annual their district during the ensuing year; which shall 
 
 meetings. ^^^j. j^^ j^^^ ^j^^^^^ ^^^ months in districts having 
 
 eight hundred children over five and under twenty years of 
 age, and not less than five months in districts having from 
 thirty to eight hundred children of like ages, nor less than three 
 months in all other districts, on pain of forfeiture of their 
 share of the two-mill tax and primary school fund; and whether 
 by male or female teachers, or both; and it shall be the duty 
 of the district board to estimate the amount necessary to be 
 raised, in addition to other school funds, for the entire support 
 of such school, including fuel and other incidental expenses, 
 and previous to the second Monday in October, make a written 
 report of the amoi^nt so determined, to the supervisor of the 
 township in which any part of said district may be situated; 
 and the same shall be levied, collected, and returned in the same 
 scbooi montb Planner as township taxes. A school month, within 
 the meaning of this act, sbaU consist of four weeks, 
 of five days in each week, imless otherwise specified in the 
 teichers' contract. 
 
 {Section 23.) 1. " When assembled as aforesaid;" that is, at 
 any legal meeting. 
 
 2. A globe and outline maps are indispensable to teaching 
 geography. A numeral frame and a set of mathematical sol- 
 ids, with some of the weights and measures, are equally 
 important in primary arithmetic, 
 
 3. Books of reference may embrace a large dictionary, a 
 gazetteer, a general cyclopedia, dictionaries of dates, of biog- 
 raphy, and any other books useful for reference in the studies 
 of the school. 
 
 4. "Appendages" will include chairs, tables, or desks; pailp, 
 brooms, and anything necessary for the convenience and 
 comfort of ths school. 
 
PRIMARY SCHOOL LAW. 25 
 
 Sec. 25. In case any of the matters in the preceding section 
 mentioned are not determined at the annual meet- ^^^^^ district 
 ing, the district board sha,ll have power and it shall board may 
 be their duty to determine the same. ^ °"° '"'■ 
 
 (Sections 24 and 25.) 1. Section 24 is as amended by an act ap- 
 proved April 3d, 1869. Districts with less than 30 children on 
 the census list must have three months school; those with 30 
 to 800 children must have five months school, and those with 
 over 800 children must have nine months school, on pain of 
 losing their two-mill tax and primary school money. At the 
 annual meeting, districts may vote to have as much more school 
 as they choose, but whatever they have, there can be no longer 
 a rate-biU. 
 
 2. It is evidently the intention of the law to limit the power 
 of the district to decide the questions in section 24, strictly to 
 the annual meeting. If left undecided at the annual meeting, 
 they pass entirely under the control of the district board, under 
 section 25. A special meeting, called for that purpose, may 
 pass an advisory vote, but the power to determine will still rest 
 with the district board. 
 
 3. It has been held that a special meeting, called for that 
 purpose, may reconsider and repeal the votes of the annual 
 meeting, authorized by section 24, and, should circumstances 
 arise absolutely requiring the repeal of those votes, a special 
 meeting should be called for that purpose. But the power of 
 the special meeting would still be limited to a repeal. The 
 action of the annual meeting being set aside, the determina- 
 tion of the matter rests in the hands of the district board, as 
 would have been the case if the annual meeting had not voted. 
 
 4. Section 24 defines what shall be a " school month," in the 
 a\)sence df any written agreement upon the subject, but does 
 iKjt prohibit the board from agreeing with a teacher upon a 
 ■different number of days. 
 
 4 
 
26 PEIMABY SCHOOL LiW. 
 
 See. 26. Said qualified voters may also, at any regular meet- 
 
 ing, authorize and .direct the sale of any school- 
 
 dh-e^oTsSf house, site, building, or other property belonging 
 
 property. ^^ ^j^g district, when the same shall no longer be 
 
 needed for the use of the district. 
 
 See. 27. They may also give such directions and mate such 
 Directions provisions as they shall deem necessary, in relation 
 in regard to the prosecutiou or defense of any suit or pro- 
 to suns. ceeding in which the district may be a party, or 
 
 interested. 
 
 Sec. 28. All residents of any district shall have an equal right 
 Ki htto *° attend any school therein: Provided, That this 
 
 attend shall not prevent the grading of schools, according 
 
 school. ^^ ^jjg intellectual progress of the pupils, to be 
 
 taught in separate places when deemed expedient. 
 
 Sec. 29. The moderator shall have power, and it shall be his 
 
 Moderator ^^^^ *° preside at all meetings of the district, to 
 
 countersign all orders upon the assessor for moneys 
 
 (Section 27.) If the voters do not choose that the assessor 
 shall appear for the district in any suit, they may direct, under 
 this section and section 36, what person shall appear, and may 
 employ counsel and vote taxes to carry on the suit. 
 
 (Section 28.) This gives no person any absolute right to at- 
 tend any school; but gives to any one person all the rights 
 enjoyed by any others. A resident of the district, of whatever 
 age, or nation, or color, has an equal right with all others, to 
 attend school free. This, however, will not prevent the board 
 from excluding, by a general rule, such as are not JU subjects of 
 common school education : as those who are blind, who have 
 contagious disease, whose character is such as to endanger the 
 morals of the pupils, children {inder five (we would not object 
 to saying seven) years of age, &c. ; but it does, and was ex- 
 pressly designed to, prohibit the establishiDg of caste schools, 
 and the exclusion of colored children from all the school 
 privileges enjoyed by white children. A recent decision of the 
 supreme court settles this fact. 
 
 (Section 29.) 1. The moderator does not lose his rights as a 
 voter, by reason of his presiding at the meetings. He has a 
 
PKIMAKY SCHOOL LAW. 2T 
 
 to be disbursed by the district, and all warrants of the director 
 upon the township treasurer for moneys raised for district 
 purposes, or apportioned to the district by the township clerk; 
 but if the moderator shall be absent from any district meeting, 
 the qualified voters present may elect a suitable person to 
 preside at the meeting. 
 
 Sec. 30. If at any district meeting any person shall conduct 
 himself in a disorderly manner, and, after notice jjoderator 
 from the moderator or person presiding, shall per- to keep 
 sist therein, the moderator or person presiding, may °'^^''^' ^^' 
 order him to withdraw from the meeting, and on his refusal, 
 may order any constable, or other person or persons, to take 
 him into custody until the meetiiig shall be adjourned. 
 
 Sec. 31. Any person who shall refuse to withdraw from such 
 meeting, on being so ordered, as provided in the pg„jj,t_ f„ 
 preceding section, or who shall willfully disturb disturbing 
 such meeting, or any district or union school, shall "^^'""s- 
 be subject to the same penalty as prescribed for the disturbance 
 of a religious assembly. 
 
 clear right to vote in all elections, and upon all questions that 
 arise, although it is customary for him to give his vote only ia 
 case of a tie, in all cases where the matter is to be decided by 
 a majority. His vote may be given and counted in questions- 
 which require a two-thirds vote. 
 
 2. The moderator is not required to countersign orders if he- 
 knows that they are for an illegal use of money, as the pay- 
 ment of a teacher not legally qualified, or for paying library- 
 money for teachers' wages. Nor should he sign a warrant 
 upon the town treasurer for district funds, except when drawn 
 payable to the assessor. No moneys can be legally paid out 
 by the district, save through the assessor. He is the sole treas- 
 urer of the district, and his accounts will exhibit the entire- 
 expenditures of the district. The assessor should keep an 
 account with each particular fund: as teachers' fund — library/ 
 fund — incidental expense fund — building fund, dc. 
 
 (Section 31.) The penalty for disturbing a reh'gious assembly 
 i& a fine of not less than two nor more than fifty dollars, or- 
 
28 PBnUARY SCHOOL LAW. 
 
 Sec. 32. The assessor shall pay all orders of the director, 
 countersigned by the moderator, out of any moneys 
 mrorders? ^^ ^^^ hands belonging to the fund upon which 
 such orders may be drawn. 
 
 Sec. 36. The assessor shall appear for and on behalf of the 
 whon assessor "district in all suits brought by or against the same, 
 to appear for when no other directions shall be given by the 
 qualified voters in district meeting, except in suits 
 in which he is interested adversely to the district, and in all 
 such cases the director shall appear for such district, if no 
 other direction be given, as aforesaid. 
 
 Sec. 37. The director shall be clerk of the district board, and 
 Director to of all district meetings when present; but if he 
 be clerk. shall not be present at any district meeting, the 
 
 qualified voters present may appoint a clerk of such meeting, 
 
 thirty days in the county jail. (^Section 1579, Compiled Laws.) 
 Suit may be brought before any justice of the peace in the 
 township. Persons disposed to make disturbance in a school 
 ehould know that they incur a severe penalty. 
 
 (Section 32.) 1. The assessor cannot legally pay the warrants 
 of the director, except from the proper funds. He cannot pay 
 a warrant for teachers' wages from the library moneys, nor a 
 warrant for building or incidental expenses from primary 
 school moneys or two-mill tax. Nor is he obliged or permitted 
 to pay a warrant for teachers' wages from public school moneys 
 if he knows the teacher to be not legally qualified. 
 
 2. The assessor should not pay an order for what he believes 
 to be an illegal object, until he can consult with the other 
 members of the board and have the question fully investigated. 
 
 [Sections 33, 34, and 35, referring to the collection of rate- 
 bills, were repealed, to take effect July 2d, 1869.] 
 
 (^Section 36.) For directions for suits, &c., against school 
 districts, see sections 122 to 128. See also section 27. 
 
 (Sections 37, 38.) 1. As the director's record of proceedings 
 is prima facie evidence of the facts set forth in it, great care 
 ahould be taken to make it a full and explicit history of the 
 
PEIMAEX SCHOOL LAW. 29 
 
 ■who shall certify the proceedings thereof to the director, to be 
 recorded by him. 
 
 Sec. 38. The director shall record all proceedings of the 
 district, in a book to be kept for that purpose, and 
 preserve copies of all reports made to the school To record pro- 
 inspectors, and safely preserve and keep all books °°° '^^' ' 
 and papers belonging to his office. 
 
 Sec. 39. The director, with the advice and consent of the 
 moderator and the assessor, or one of them, or contract for 
 under their direction, if he shall not concur, shall teacher, tjc 
 contract with and hire qualified teachers for and in majority°o£ 
 the name of the district, which contracts shall be ''°"'''- 
 in writing, and shall have the consent of the moderator and' 
 
 proceedings; and it should be read for correction and approval; 
 before the adjournment of the meeting. 
 
 2. The record of a special meeting should state by whom 
 the meeting was called, and the objects mentioned in the no- 
 tice, as the legality of the proceedings depends upon the legal- 
 ity of the call and the conformity of the proceedings to the 
 objects stated in the notices. 
 
 3. The record of a district meeting is prima facie evidence 
 of legaUty; but any action had at such meeting, that can be 
 proved by positive testimony, must be held as legal. 
 
 (Section 39.) 1. This section gives the authority to a major- 
 ity of the district board to employ teachers, whether the 
 director is one of that majority or not. The director is. 
 merely the legal agent for making the contract, and has only 
 an equal voice with the other members of the board in the 
 choice of a teacher. The other officers may execute the con- 
 tract if the director shall refuse. They should never proceed, 
 however, to make and sign the contract without consulting the 
 director. The law prefers, for the sake of regularity, that he 
 shall make all contracts with teachers, and he has a right to do 
 so until he refuses. 
 
 2. When not otherwise stipulated in the contract, the month 
 will mean four weeks of five days each. (See section 24.) 
 
"30 PRIMARY SCHOOL LAW. 
 
 assessor, or one of them, endorsed thereon, and shall specify 
 ihe wages per week or month as agreed by the parties, and a 
 -duplicate thereof shall be filed in his office: Provided, That if 
 
 Twenty consecutive days will not meet the requirements of the 
 law. Experience has shown that five days school in each seven 
 will generally accomplish as much in a year, or a term, as six 
 in seven. No law but that of universal custom recognizes any 
 exemptions for holidays; and it is therefore wise to have such 
 holidays as may be agreed upon, specified in the contract. 
 
 3. As this section authorizes the director to contract with 
 ■" qualified teachers " only, it is an implied condition of the 
 -contract that the teacher shall keep himself " qualified," in the 
 legal sense, i. e., by holding a valid certificate from the .County 
 Superintendent, or inspectors. Should his certificate, there- 
 fore, be annulled, his contract is no longer binding. If, how- 
 ever, the board continue to employ him, he can stiU collect his 
 pay of those that employ him, though no public money can be 
 paid to him. The district board, as such, cannot legally em- 
 ploy an unqualified teacher; their action, therefore, in employ- 
 ing such teacher, cannot bind the district, as a district, but 
 only those who shall send to the school taught by such teacher. 
 
 4. A district board cannot properly annul a teacher's con- 
 tract without said teacher's consent. If a teacher proves 
 incompetent or negligent, application may be made to the 
 •County Superintendent, or school inspectors, where there is no 
 County Superintendent, and should they find sufficient cause 
 to annul his certificate, his contract necessarily is made void. 
 It would perhaps avoid occasional difficulties if it were agreed 
 'between the parties that the contract might be annulled by 
 either party on giving some sufficient notice of the same. 
 
 5. It sometimes happens that a member of the district board 
 is employed to teach the school. In such case the contract 
 must be made and signed by the other two members. An officer 
 ■cannot make a contract with himself. 
 
PEIMAE¥ SCHOOL L&.W. 31 
 
 the director shall refuse to make and sign such contract, when 
 directed so to do by the moderator and assessor, then it may 
 be made and signed by the moderator and assessor. 
 
 Sec. 40. This section, referring to rate-bill for wood, was 
 repealed, to take effect July 2d, 1869. 
 
 Sec. 41. Within ten days next previous to the annual district 
 meeting, it shall be the duty of the director, or 
 such other "person as the district board may ap- o? Sicrand 
 point, to take the census of the district, and make "J^j^" "^L 
 a list, in writing, of the names and ages of all the 
 children between the ages of five and twenty years, residing 
 therein, and a copy of said list shall be verified by the oath or 
 affirmation of the person taking such census, by affidavit ap- 
 pended thereto, or endorsed thereon, setting forth that it is a 
 correct list of the names of all the children between the ages 
 aforesaid, residing in the district, which affidavit may be made 
 
 6. It is not legal for a teacher to employ an assistant who is 
 "unqualified," where he has taken a school and agreed to 
 hire his own assistants. Nor is any district entitled to public 
 money, unless all its teachers are " qualified," as the law requires. 
 
 (Section 41.) 1. In this census should be embraced the chil- 
 dren actually residing in the district, and no others. Children 
 merely attending school in the district, while their parents or 
 guardians reside elsewhere, should not be enumerated, as they 
 are properly enumerated in the districts in which their parents 
 reside. But a child that has been adopted by, or is regularly 
 apprenticed to a resident of the district, may be properly 
 included in the school census. 
 
 2. Children in alms-houses, prisons or asylums, and not oth- 
 erwise residents of the districts in which such institutions are 
 located, should not be enumerated in the school census, nor 
 Indian children, for whom schools are provided by the Federal 
 Government. But if the children at the county poor-house 
 are admitted to the district school, they may be included in the 
 district census. 
 
 3. Children of aliens and people of color should be included 
 in the census, if residents of the district. 
 
32 PMMABY SCHOOL LAW. 
 
 before the clerk of the township; and said list shall be re- 
 turned with the annual report of the director to the township 
 clerk. Children in alms-houses, prisons, or asylums, not oth- 
 erwise residents of the district and not attending the school, 
 shall not be included in the said census, nor shall Indian chil- 
 dren be so included, unless they attend the school, or their 
 parents are liable to pay taxes therein. 
 
 Sections 42, 43, 44, 45, 46, and 47, providing for assessing 
 and collecting rate-bills, were repealed, to take effect July 2d, 
 1869. 
 
 Sec. 48. The director shall provide the necessary appendages 
 Director to ^°^ *^® sohool-house, and keep the same in good 
 liioap school- condition and repair during the time schodl shall 
 repafr.'" be taught therein, and shaU keep an accurate ac- 
 
 count of all expenses incurred by him as director; 
 Ejcpeases; suoh account shall be audited by the moderator 
 how paid. ^^^ assessor, and on their written order shall be 
 paid out of any money provided by the district for such 
 purposes. 
 
 4. The list of names, verified by oath, as prescribed, is the 
 evidence to the township clerk of the number of children of 
 school ages in the district, and without such evidence he can- 
 not report any children as entitled to public money. The 
 school board should see, therefore, that this list is properly 
 made out, as otherwise the district must lose its share of the 
 primary school moneys. 
 
 (Section 48.) 1. The director is authorized and required to 
 procure all needful appendages and repairs, without any vote 
 of the district in the case. It is not optional with the district 
 to pay such expenses. When audited by the moderator and 
 assessor, the account becomes a valid claim against the district, 
 and can be collected if the district fails to pay it. 
 
 2. The law has wisely empowered one officer, and made it 
 his duty to keep the school-house in good repair. He should 
 see to it that the windows are properly filled with glass; that 
 the stove and pipe are in a fit condition, and suitable wood 
 provided; that the desks and seats are in good repair; that 
 
PEIMABY SCHOOL LAW. 
 
 3^ 
 
 Sec. 49. He shall present at each annual meeting, an esti- 
 mate of the expenses necessary to be incurred Estimates of 
 during the ensuing year for such purposes, and for expense for 
 payment for the seryices of any district officer; and ™'""'*y°'"'- 
 such amount, when voted by such annual meeting, shall be 
 assessed and collected in the same manner as o'ther district 
 taxes; but no tax for these purposes shall be voted at a special 
 meeting, unless a notice of the same shall be expressed in the 
 notice of such meeting. 
 
 Sec. 50. He shall give the prescribed notice of the annual 
 district meeting, and of all such special meetings Director to 
 as he shall be required to give notice of, in accord- give notioo 
 ance with the provisions of this chapter, one copy ° ""^^ "'^' 
 of which for each meeting shall be posted on the outer door of 
 the district school-house, if there be one. 
 
 Sec. 51. The director shall draw from the township library 
 the proportion of books to which his district may j^ ^^^^ ^^^^ 
 be entitled, and return the same to the township from township 
 library at the expiration of three months, and shall return the 
 continue to draw books in like manner, at the °*™°- 
 expiration of every three months, and to return the same as 
 aforesaid. 
 
 the out-houses are properly provided with doors, and are fre* 
 quently cleansed; that the black-boards are kept painted, and 
 everything is provided necessary for the comfort of the pupils 
 and the success of the school. Under our laws, a great re- 
 sponsibility rests upon the director, and on his promptitude 
 and faithfulness depends the usefulness of the school. 
 
 [Seotion 49.) Section 24, as amended in 1869, provides that 
 the board shall estimate the amount needed for the ensuing 
 year, " for the entire support of the school, including fuel and 
 other necessary expenses," and report it to the supervisor, super- 
 ceding the necessity of the districts voting the tax as m sec- 
 tion 49. This will include any expenses incurred by a district 
 officer (section 48) ; but they cannot report any amount for his 
 services until the district has voted how much he shall be paidi 
 
 5 
 
34 PKIMiEY SCHOOL LAW. 
 
 Sec. 52. He shall distribute the books drawn out by him, to 
 
 to the parents or guardians of the children of the 
 
 ^f h'"ks"™ district of the proper age, for the time and under 
 
 ° °° ' the restrictions contained in the rules prescribed by 
 
 the board of school inspectors. 
 
 Sec. 53. He shall draw and sign warrants upon the township 
 treasurer for all moneys raised for district pur- 
 draw and sign poses, or apportioned to the district by the town- 
 t^MSMen" is^ip clerk, payable to the assessor of the district, 
 and orders upon the assessor for all moneys to be 
 disbursed by the district, and present them to the moderator 
 to be signed by him. 
 
 Sec. 54 The director shall also, at the end of each school 
 Di ct to re 7®*"^' deliver to the township clerk, to be filed in 
 port to town- his o£Sce, a report to the board of school inspect- 
 ahip clerk. ^^^ ^^ ^^^ township, showing: 
 
 First. The whole number of children belonging to the dis- 
 ^ , , , trict between the ages of five and twenty years. 
 
 Contents of -i-ii-u i.i i -j 
 
 rpport. accordmg to the census taken as aforesaid; 
 
 (Sections 51 and 52.) In townships in which the district 
 library system has been adopted, these sections have become 
 obsolete. But in fractional districts, lying partly in townships 
 which still have township libraries, the director may continue 
 to draw from the township library the share of books due his 
 district. 
 
 (Section 53.) 1. Mark that all warrants on the town treas- 
 urer must be drawn payable to the assessor. 
 
 2. As several of the funds belonging to the district cannot 
 be used for any other than their own special objects, the 
 director's order should specify the purpose for which the 
 money is to be paid, and the fund, — as teachers' wages fund, 
 library fund, &e., out of which it is to be paid. (See notes on 
 sections 29 and 32.) 
 
 3. No moneys shall be drawn into the hands of the assessor 
 till he has given the proper bonds. (See section 61.) 
 
 (Section 54) 1. The director's report should be made out bo 
 as to be presented at the annual meeting, for approval or cor- 
 rection. The only item in the report having any reference to 
 
PRIMiET SCHOOL LAW. 35 
 
 Second. The number attending school during the year under 
 five, and also the number over twenty years of age; 
 
 Third. The whole number that have attended school during 
 the year; 
 
 Fourth. The length of time the school has been taught 
 during the year by a qualified teacher, the name of each' 
 teacher, the length of time kept by each, and the wages paid 
 to each; • 
 
 the annual meeting, is the name of the director for the ensuing 
 year. Any other business of the annual meeting will refer to 
 the next annual report, as the first Monday in September 
 belongs in the ensuing year. 
 
 2. Three blanks for the annual report to the school inspect- 
 ors are annually forwarded to each director, who should see 
 that the same are obtained from the township clerk before the 
 first of September. One of these he should fill up as required, 
 and deliver immediately after the annual meeting, to the town- 
 ship clerk. The other two should be exact copies of the first, 
 carefully compared; one of which is to be placed on file in his 
 office, and the other forwarded to the "Office of Public In- 
 struction, Lansing, Mich." By having these to compare with 
 the inspectors' reports, errors and omissions are often discov- 
 ered, by which the districts save the primary school money, 
 when they would otherwise lose it. 
 
 3. The directors' reports not only furnish the basis for the 
 distribution of the primary school moneys, but also the facts 
 upon which any sound opinion can be formed of the success of 
 the school system, and of the character and extent of the 
 amendments which may need to be made. Directors, there- 
 fore, should use the utmost care and diligence to make their 
 reports full and correct. A failure to make full and accurate 
 reports may cost the district its share in the primary school 
 moneys. 
 
 4. In fractional districts, full annual reports are only to be 
 
36 PBIMABY SCHOOL LAW. 
 
 Fifth. The average length of time scholars between five and 
 twenty years of age have attended school daring the year; 
 
 Sixth. The amount of money received from the township 
 treasurer, apportioned to the district by the township clerk; 
 
 Seventh. The amount of money raised by the district, and 
 the purposes for which it was raised; 
 
 Eighth, The kinds of books used in the school; 
 • Ninth. Such other facts and statistics, in regard to schools 
 and the subject of education, as the Superintendent of Public 
 Instruction shall direct. 
 
 made to the clerk of the township in which the school-house is 
 situated; and this report must embrace the number of child- 
 ren, and the statistics of the entire district. (See section 81.) 
 The number of children in any fractional part of the district 
 must also be reported to the clerk of the township in which 
 such fractional part is situated. (See section 82.) 
 
 5. Directors sometimes complain that too many details in 
 the statistics are required of them, but they are much less in 
 number than are obtained in several other States. 
 
 6. The law no longer requires a record of attendance to be 
 kept by the teacher for the purpose of a rate-bill; but it must 
 still be kept under the provisions of section 54. The teacher must 
 keep a roll of all who are regular pupils, and each half day, 
 mark each one present or absent. At the close of the term, 
 add together the number of days attendance of all the pupils, 
 and divide this sum by the number of pupils. This gives the 
 average number of days attendance. This quotient, divided 
 by the number of school days in a month, will give the aver- 
 age months attendance in the term. If there is more than one 
 term in the year, add the averages of the several terms to- 
 gether and divide by the number of terms, and it vnll give the 
 average for the year, as required in No. 4 of the director's 
 report. Directors should see to it at the commencememt of 
 each term, that this record is properly kept. 
 
PRIMAEY SCHOOL LAW. 37 
 
 DISTKICT BOABD. 
 
 Sec. 55. The moderator, director, and assessor shall consti- 
 tute the district board. District board. 
 
 Sec 56. Said board shall, between the first Monday in Sep- 
 tember and the second Monday in October, in each 
 year, make out and deliver to the supervisor of each to r*e"ort tai«a 
 tovynship in vrhich any part of the district is situ- ["lo^s ^'tc*'* ' 
 ated, a report in vyriting under their hands, of all 
 taxes voted by the district during the preceding year, and of 
 all taxes vrhich said board is authorized to impose, to be 
 levied on the taxable property of the district. 
 
 {Section 55.) 1. In graded or high school districts, generally 
 called union school districts, the district board, as provided by 
 section 148, &c., consists of six trustees. 
 
 * 2. A majority of the district board may exercise the powers 
 of the board; but each member has a right to be consulted, 
 unless he shall be absent from the district when any action 
 must be taken. 
 
 3. Upon the ability and faithfulness of the district board, 
 the success of the school mainly depends. The voters should 
 bear this in mind in the election, that the taxes they pay may 
 be made to accomplish the greatest possible good. Any 
 woman who pays taxes is eligible to office, and districts might 
 often do well to elect such. 
 
 {Section 56.) 1. The district board must include in their 
 report the taxes voted at any special meeting during the year; 
 but no tax that has to be voted by the district should be re- 
 ported till it is finally passed upon. If the meeting that voted 
 it is adjourned to meet at some later day, the tax should not be 
 reported till after the adjourned meeting is held, provided the 
 same is not beyond the said second Monday in October, unless 
 the voters specially direct it to be reported. The supervisor 
 can assess a tax reported to him after the said second Monday 
 in October,- but he cannot be compelled to do so. 
 
 2. The taxes which the district board are authorized to 
 report to the supervisor without a vote of the district, are: 
 
38 PKIMAKT SOHOOI, LAW. 
 
 Sec. 57. The district board may purchase, at the expense of 
 the district, such school books as may be necessary 
 books for for the use of children admitted by them to the 
 poor children. jUgtrict gehool free of charge, and they shall in- 
 clude the amount of such purchases, [and the amount which 
 would have been payable for fuel and teachers' wages by per- 
 sons exempted from the payment thereof, together with any 
 sums on the district rate-bills which could not be collected,] 
 in their report to the supervisor or supervisors, to be assessed 
 as aforesaid. They shall also prescribe the text books to be 
 used in the school; but text books once adopted, shall not be 
 changed within two years, except by the consent of a majority 
 of the voters at some regular meeting. They .shall have the 
 general care of the school, and may establish all needfal 
 regulations for its management. 
 
 the expense for books furnished to exempted persons under 
 section 57, and the amount estimated by them for all expenses 
 under section 24. The assessor is to report the amount of 
 any judgment against the district. (Section 125.) 
 
 {^Section 57.) 1. The text books purchased for indigent child- 
 ren are the property of the district, and should be taken care 
 of by the district board, when not in use. (See section 65.) 
 
 2. The duty to prescribe text books is imperative, and its 
 prompt performance is demanded by the best interests of the 
 district. 
 
 3. Though the board cannot change the books within two 
 years, they may add a new text book to the list, in any branch 
 not provided for in the list first prescribed. Text books should 
 be provided for all common branches, including, if needed, 
 natural philosophy, physiology, and algebra. 
 
 4. No pupil can claim to receive instruction in any other 
 text books than those prescribed by the district board; nor is 
 the teacher at liberty to introduce any new text book without 
 the action of the board. 
 
 5. By the amendments to the law abolishing all rate-bills, 
 that portion of the section in brackets is without force, and 
 the first part mast be construed to authorize the board to fur- 
 
PRIMARY SCHOOL LAW. 33 
 
 (2301.) Sec. 58. Said board may admit to the district school 
 non-resident pupils, and may determine the rates „ .^ , 
 
 - , ... 1. , ., 1 I, . , 1 Non-resident 
 
 01 tuition 01 such pupils, and collect the same; and pupus; ei- 
 they may authorize or order the suspension or ex- p"*^'™- 
 pulsion from the school, whenever, in their judgment, the in* 
 terests of the school demand it, of any pupil guilty of gross 
 misdemeanor or persistent disobedience. 
 
 nish books for indigent persons, or to such as they would have 
 famished them under the old rate-bill system. 
 
 6. The last clause in the section gives the board large power 
 in adopting rules for the schooL This power they should 
 exercise in the adoption of such rules as will best secure punc- 
 tuality in attendance, good order in school, and the most rapid 
 advance of pupils in intelligence. 
 
 (Section 58.) 1. Non-resident pupils are those whose parents 
 or guardians are not residents of the district. Such pupils do 
 not become resident by boarding in the district while attend- 
 ing school. A citizen of the district, employing temporarily a 
 minor whose parents or guardians reside out of the district,- 
 should not report such minor in the school census, and can- 
 not claim to send him as a resident pupil to the school. In- 
 stances have been known where persons have moved into a: 
 district and "kept house,'' for the sole object of attending 
 school, intending to move away as soon as the school closed. 
 This is held to be a mere evasion of the law, and the board has 
 a right to consider them non-residents. 
 
 2. When a district board decide to admit non-residents to 
 the school, they should fix at once upon the rate of tuition, that 
 it may be announced to such pupils on entering the schooL 
 
 3. The board may authorize the teacher to suspend or elpel 
 incorrigible pupils, in his discretion. An expelled pupil can- 
 not return to the school the same term without the consent of 
 the board. It has been decided by the legal tribunals, that a 
 person of depraved and infamous character, as a prostitute, 
 may be forbidden the school, even though guiltless of any 
 offense against the rules of the school. 
 
40 PKIMAKY SCHOOL LAW. 
 
 Sec. 59. They shall purchase or lease a site for a school- 
 house, as shall have been designated by the district, 
 purchase OT i^ the Corporate name thereof, and shall build, hire, 
 'ohooi-honso. °^ purchase such school-house oiit of the fund pro- 
 vided for that purpose, and make sale of any site 
 or other property of the district, when lawfully directed by 
 the qualified voters, at an annual or special meeting: Provided, 
 That the district shall not in any case build a stone or brick 
 school-house upon any site, without having first obtained a 
 title in fee to the same, or a lease for ninety-nine years; and 
 also, that they shcill not in any case build a frame school-house 
 on any site for which they have not a title in fee, or a lease f©r 
 fifty years, without securing the privilege of removing the said 
 school-house when lawfully directed so to do by the qualified 
 voters of the district, at any annual or special meeting: Pro- 
 vided, also, That the qualified voters of the district may appoint 
 a building committee, to take charge of the work of building 
 such school-hiouse. 
 
 Sec. 60. The district board shall apply and pay over all 
 
 school moneys belonging to the district, in accord- 
 
 fohooimoMyr. ^^'^ ^^^ ^^^ provisions of law regulating the 
 
 same, as may be directed by the district; but no 
 
 school moneys apportioned to any district shall be appropriated 
 
 {Section 59.) 1. In case the site designated cannot be pur- 
 chased for the price the district offers, and in case a good and 
 valid title cannot be obtained for any reason, section 154, &c., 
 provides for calling a jury to determine on a price. 
 
 2. It is a well settled principle of law, that public officers 
 cannot use their trusts for their own benefit. The district 
 board cannot sell a site or school-house to themselves. The 
 legal voters, however, in regular meeting, may direct the sale 
 to be made to any member of the board. 
 
 8. When the district has agreed upon a site, the board are 
 to^make the purchase or lease without a special vote directing 
 them so to do; but the building, &c., or selling, will require a 
 special direction. 
 
 (Section 60.) 1. The practice of some districts in employing 
 a teacher, and getting him inspected some time after com- 
 mencing, his school, is entirely illegal and wrong, being calcu- 
 
PRIMARY SCHOOL LAW. 41 
 
 to any other use than the payment of teachers' wages, and no 
 part thereof shall be paid to any teacher who shall not have 
 received a certificate as required in this chapter, before the 
 commencement of his school. 
 
 Sec. 61. The moderator and director shall require of the 
 assessor, and the assessor shall execute to the dis- ^^^^ ^ 
 trict, a bond in double the amount of money to required of 
 come into his hands as such assessor during the ^^^^^'"'■ 
 year, as near as the same can be ascertained, with two suffic- 
 ient sureties, to be approved by the moderator and director, 
 conditioned for the faithful application of all moneys that shall 
 come into his hands by virtue of his ofiS.ce. 
 
 lated to defeat the very end and purpose of all inspection. 
 The language of the law is plain and decisive, and school in- 
 spectors and County Superintendents should see it enforced. 
 
 2. If, through any necessity, a teacher begins a school 
 before getting a certificate, the time thus taught before receiv- 
 ing a certificate, cannot be counted as any part of the time a 
 school is required to be taught by a qualified teacher. When 
 such teacher receives a certificate, a new contract should be 
 made and signed, as though no school had been previously 
 taught by him in the district. 
 
 3. By the provisions of an act passed March, 1863, any sur- 
 plus of the two-mill tax, after eight months of school have 
 been maintained, may be used for other school or library 
 purposes. (See section 172.) 
 
 (Section 61.) 1. The moderator and director must require 
 this bond of the assessor before giving him any warrant on 
 the township treasurer for any moneys. If he fails or refuses 
 to give bonds when demanded, he vacates his ofiQce; but he 
 is not required under any penalty, to offer his bonds till 
 demanded. 
 
 2. If the moderator and director shall give the assessor the 
 
 custody of moneys belonging to the district without first 
 
 requiring bonds of him, they commit a gross violation of 
 
 official duty, and are liable not only to pay the penalty pre- 
 
 6 
 
42 PBIMABT SCHOOL lAW. 
 
 Sec. 62. Such bond shall be lodged with the moderator, and 
 Where bond to ^ ^^^^ °^ ^^^ breach of the condition thereof, the 
 be lodged, and director shall cause a suit to be commenced thereon 
 when sued, etc. ^^ ^^^ name of the district, and the money, when 
 collected, shall be paid into the township treasury, for the use 
 of the district, subject to the order of the proper district 
 officers. 
 
 Sec. 63. Said board shall present to the district, at each 
 Report or re- ai^ial meeting, a report in writing, containing an 
 bSm'"' '''°' ^°°^^^^^ statement of all moneys of the district 
 received by them, or any of them, during the pre- 
 ceding year, and of the disbursements made by them, with the 
 items of such receipts and disbursements. 
 
 Sec. 64. Such report shall also contain a statement of all 
 taxes assessed upon the taxable property of the 
 
 faies^erc."' district during the preceding year, the purposes for 
 which such taxes were assessed, and the amount 
 
 assessed for each particular purpose, and said report shall be 
 
 recorded by the director in a book to be provided and kept for 
 
 that purpose. 
 
 scribed, but in case any loss results to the district from their 
 neglect, they are liable to the district for the loss occasioned 
 thereby. This is the more important, now that the law re- 
 quires all the district funds to go into the hands of the assessor 
 before being paid out by the district. 
 
 3. The assessor's bond is the security that the funds will at 
 all times be forthcoming when called for. He may use the 
 money in his hands, but he assumes all the risk. If he cannot 
 raise it when wanted by the district, his bail will be holden 
 therefor, and he incurs the penalty for using district funds for 
 private purposes. An assessor should never use, or allow to 
 be used, a dollar of the funds of the district for private 
 purposes. 
 
 (Sections 63 and 64 This report is very important, as, with- 
 out it, the district has no means of knowing the state of its 
 finances, or whether the funds have been legally applied. 
 When it is made out, the director can readily make his report; 
 and he, as the clerk of the board, should see that it is properly 
 
PBIMARY SCHOOL LAW. 4& 
 
 Sec. 65. The said district board shall have the care and cas- 
 tody of the school-hoase, and other property of 
 the district, except so far as the same shall be es- Sf houle.°^° 
 pecially confided to the custody of the director, 
 including all books purchased for the use of the pupils ad- 
 mitted to the school free of charge, and may permit the 
 school-house to be opened for public meetings: Provided, A 
 majority of the legal voters of said school district, present and 
 voting at an annual meeting, or special meeting called for that 
 purpose, shall so determine. 
 
 Sec. 66. The said board shall have power to fill, by appoint- 
 ment, any vacancy that shall occur in their own y^^^^i^g 
 number, and it shall be their duty to fiU such va- 
 cancy vsrithin ten days after its occurrence: Provided, That in 
 case said board shall, from any cause, fail to fill p^^ .^^ 
 such vacancy vrithin the time specified, the same 
 may be filled by election at a special school district meeting 
 
 done, and in time. District boards are earnestly urged not to 
 neglect so important a duty. It is required as well in justice 
 to themselves as to the district. School officers are often sus- 
 pected of using the funds of the district, and they are unable 
 to prove their innocence, simply because they have not kept a 
 careful record of every transaction, and consequently could 
 not make a full report. 
 
 {Section 65.) 1. This proviso, added to the section in 1869, 
 prohibits the use of a school-house for any public meetings 
 disconnected vfith the school, without a vote of the district. It 
 is not needful that the district should vote for every occasion. 
 A vote may be passed, authorizing the use of the house for 
 religious or other meetings for the year, or for an indefinite 
 time, till a different vote shall be had. 
 
 2. Section 48 gives the director custody of the house, within 
 certain limits, during the term of school. 
 
 (Section 66.) 1. The vacancy, in primary districts, whether 
 filled by the district board or by the special meeting, is filled 
 for the unexpired term. If a vacancy exists at the time of the 
 annual meeting it may be filled by an election, but the election 
 
44 PBIMAEY SCHOOL 1,AM, 
 
 called for that purpose, by the qualified voters present, which 
 meeting shall be called in the same manner, and be subject to 
 the same regulations, as other special school district meetings. 
 
 Sec. 67. [If the assessor shall fail to give bond as is required 
 in this chapter, or from sickness or any other cause 
 Sy appoint shall be unable to attend to the duty of collecting 
 assessor any district rate-bill, tiie said board shall appoint an 
 
 ^'° ^"' acting assessor to collect the same, who shall pos- 
 
 sess all the powers of the district assessor for that purpose, 
 and shall, before proceeding to the collection thereof, give bond 
 to the district in double the amount of money to be collected, 
 in the same manner, and with the same effect as the district 
 When district ^^scssor is required to give such bond.] Every 
 offices become school district officc shall become vacant upon the 
 vacant. iucumbcnt ceasing to be a resident of the district 
 
 for which he shall have been 'elected, or upon the happening of 
 either of the events specified in section three, of chapter 
 fifteen, of the revised statutes of 1846. (Comp. Laws, Chap. 
 11, -Sec. 1.) 
 
 will be only for the unexpired part of the term. But neither a 
 ^special nor an annual meeting has power to fill a vacancy till 
 the ten days are expired, during which the district board are 
 required, to fill it. 
 
 2. In case two of the district offices shall be vacant at once, 
 the 'remaining member cannot fill the vacancies, as he does not 
 •constitute a majority of the board, and cannot exercise the 
 powers thereof. On the written request of five legal voters, he 
 may call a special meeting to fill vacancies. 
 
 3. Should all the offices be vacant at once, no special meeting 
 oan be called, and the inspectors should appoint officers to fill 
 the vacancies, as provided by section 146. 
 
 (Section 67.) 1. All reference of this section to a rate-bill is 
 nugatory; but if the assessor neglects or refuses to give bonds 
 when required, his office becomes vacant, and should be filled 
 'by the district board. 
 
 2. The occurrence of any of the following events wiU create 
 .a vacancy in a school district office: 
 
 First. The death of the incumbent; 
 
 Second. Bis resignation; 
 
MUMAEY SCHOOL LAW. 45 
 
 TOWNSHIP BOAKD OF SCHOOL. INSPECTOBS. 
 
 Sec. 68. The inspectors elected at the annual township meet- 
 ings, together with the township clerk, shall consti- ^^^^^ ^^ 
 tute the township board of school inspectors; and school 
 the inspector elected at the annual township meet- "^p**"""- 
 ing, having the shortest time to serve, shall be chairman o£ 
 said board, and the said township clerk shall be the derk 
 thereof. 
 
 Sec. 69. The chairman of said board shall be the treasurer 
 thereof, and shall give bond to the township in 
 double the amount of library moneys to come into boardto^e" 
 his hands during his term of office, as near as the '"e^bond*"'' 
 same can be ascertained, with two sufficient sure- 
 
 Third. His removal from office; 
 
 Fourth. His removal from the district; 
 
 Fifth. His conviction of any infamous crime; 
 
 Sixth, flis election or appointment being declared void by a. 
 competent tribunal; 
 
 Seventh. His neglect to file his acceptance of office, or to give 
 or renew any official bond, according to law. (Compiled Laws,. 
 Chap. 11, Sec. 3, p. 219.) 
 
 3. The resignation of a district officer must be made to the 
 other members of the district board, or to one of them, and 
 should be in writing. (Compiled Laws, Chap. 11, Sec. 1.) 
 
 (^Section 68.) The office of school inspectors was not created 
 by that chapter of the statutes known as " The Primary School 
 Law." It will be found as follows: 
 
 "There shaU be elected annually, on the first Monday of 
 April, in each organized township, * * * one township 
 derk, who shall be ex-officio school inspector," * * * and 
 one school inspector. (Article 11, Sec. 1 of the Constitution.) 
 
 " The annual meeting of each township shall be held on the 
 first Monday of April, in each year; and at such meeting there 
 shall be an election (by ballot) for * * * one school 
 inspector." (Compiled Laws, Chap. 12, Sec. 8.) 
 
 " Each school inspector elected as aforesaid,^ shall hold his. 
 
46 PKIMAKY SCHOOL LAW. 
 
 ties, lo be approved by the towDship clerk, coDditioned for the 
 faithful appropriation of all moneys that may come into his 
 hands by -virtue of his ofSce. 
 
 Sec. 7p. Said bond shall be filed with the township clerb 
 aee of ^^^ ^^ ^^^^ °^ ^^^ non-fulfillment thereof, said clerk 
 teeacb, bond shall cause a suit to be commenced thereon, and 
 to be Buod. ^.jjg moneys collected in such suit shall be paid into 
 the township treasury, for the benefit of the township library. 
 Sec. 71. The inspectors shall divide the township into such 
 Formation of Bomber of school districts as may from time to time 
 disiTicts. be necessary, which districts they shall number, and 
 
 -aDoupinas, they may regulate and alter the boundaries of the 
 Mich. 127. same as circumstances shall render proper; but no 
 
 o£Gce for two years, and until his successor shall be elected and 
 -qualified, except when elected to fill a vacancy; in which case 
 he shall hold during the unexpired portion of the regular term: 
 Provided, That where there shall have been no previous elec- 
 tion for school inspectors in any township, there shall be two 
 .^uch inspectors elected, one for one year and one for two years, 
 who shall severally hold their office accordingly." (Compiled 
 Xaws, Chap. 12, Sec. 13.) 
 
 Sec. 95, Chap. 12, of the compiled laws, establishes the com- 
 ipensation of inspectors at one dollar per day. 
 
 (Section 71.) 1. This power to establish and change the 
 boundaries of school districts is a most important one, and on 
 its wise and careful exercise the success and well-being of the 
 school system often depends. The main errors committed in 
 ^he division of the townships have been the multiplication of 
 'Small districts too feeble to maintain a good school, and the 
 tunnecessary increase of fractional districts, which have always 
 ;^roved a fruitful source of error and trouble. 
 
 2. "Whenever a school district is divided, each of the dis- 
 tricts formed from it has a right, in making its annual report, 
 to embrace the time a school was taught between the com- 
 mencement of the school year, and the time the division was 
 made, and to add thereto the time a school has been taught in 
 
PRIMARY SCHOOL LAW. 47 
 
 district shall contain more than nine sections of land, and each 
 district shall be composed of contiguous territory, and be in 
 as compact a form as may be; but no land shall be taxed for 
 
 said district subsequently to the division. If each district, 
 reckoning time thus, is enabled to report a school taught the 
 requisite number of months, by qualified teachers, each is 
 entitled to draw public money. 
 
 3. If a new district is created from more than one district, 
 part of which did not have the requisite number of months 
 school before the division, and the new district has not itself 
 had school the necessary time, in that case the number of child- 
 ren in the territory taken from districts that had the said 
 requisite time of school should be reported to the Superinten- 
 dent of Public Instrnction, as primary school money can be 
 apportioned upon them only. 
 
 4. " In the distribution of school moneys to said districts the 
 ■same sum should be apportioned to the two, that the original 
 district would have been entitled to receive had there been no 
 division. This sum should be divided between them according 
 to the rules of justice and equity. If the division of a district 
 takes place immediately after the commencement of a school year, 
 and before a school has been opened, the public money should 
 be apportioned to the new districts in proportion to the num- 
 ber of scholars within the legal ages residing in each of them 
 at the time of the division. But if the division is made at the 
 «lose of the winter school, and two-thirds (more or less) of the 
 public money has been apportioned to said school, in which 
 both of the districts were entitled to share equitably, the 
 remaining one-third should be apportioned in proportion to 
 •the number of children within the legal ages in the districts at 
 the time the division is made." 
 
 5. In the formation of school districts, and in the alteration 
 of the same, school inspectors act upon their own discretion, 
 and are not obliged either to wait for, or to regard petitions of 
 
48 PBIMAEY SCHOOL LiW. 
 
 building a seliool-house, unless some portion of every legal 
 subdivision of said laud shall be within two and one-half miles 
 of said school-house site. 
 
 the inhabitants; but they should never refuse to show a wise 
 regard for the wishes of the people. They should be slow, 
 however, to yield to the demand for the erection of small dis- 
 tricts for the temporary accommodation of small neighbor- 
 hoods. 
 
 6. In the union of two or more districts, under the law for 
 graded schools, (section 152,) the limitation of territory to nine 
 sections of land does not apply. There is no restriction as to 
 the size of the districts which may be thus united, and each one 
 might have had the full nine sections. The power of the 
 graded school board to establish several schools in different 
 localities, allows it to supply schools in convenient localities for 
 every part of the district. Inspectors cannot alter the bounda- 
 ries of such districts without the written consent of a majority 
 of the board. 
 
 7. The boundaries of new districts should be fully described 
 in the resolution of the inspectors, and the number of the dis- 
 trict fixed. The resolution should be entered on the record 
 kept by the clerk, and the boundaries delineated on the town- 
 ship map to be made by the clerk, one copy to be kept in his 
 office, and another given to the supervisor. Care should be 
 used to embrace all the inhabitants and all the territory of the 
 township in some of the several districts when finally organized. 
 
 8. By section 91, the inspectors are required to give ten days 
 notice of meetings to form or alter boundaries of districts. 
 Without such notice their action will not be legal. Appeal may 
 be made from the action of the inspectors, to the township 
 board. (See sections 173, 174, 175.) 
 
PBIMAKT SCHOOL LAW. 49 
 
 Sec. 72. They may attach to a school district any person 
 residing in the township, and not in any organized ^^^^^^^ ,^,j. 
 district, at his request; and for all district purposes ins out or die- 
 except raising a tax for building a school-house, itucS7iB° 
 such person shall be considered as residing in such <=«''*''' •"«=■ 
 district; but when set off to a new district, no sum shall be 
 raised for such person as his proportion to the district 
 property. 
 
 Sec. 73. The inspectors shall apply for and receive from the 
 township treasurer, all moneys apportioned for the i„sp^t„„ „ 
 township library of their township, and shall pur- reoive a«<i 
 chase the books, and procure the necessary appen- fibrary 
 dages for the township Ubrary, and make such rules '^""^y- 
 
 (Section 73.) 1. The library moneys include whatever may 
 be voted from the two-miU tax annually, at the township elec- 
 tions, as provided by section 107, and the moneys received 
 from fines, penalties, forfeited recognizances, &c., from the 
 county treasurer. The inspectors should apply to the county 
 treasurer between the fifth and tenth of April each year, for 
 the money &om such fines, &c. Were the boards of supervi- 
 sors, and other officers charged with this matter, careful to see- 
 that these fines and penalties were paid over by those collecting 
 them, and forfeited recognizances were prosecuted, many thou- 
 sands of dollars would annually accrue to the library fund that 
 are now lost. 
 
 2. Wherever the township library has been divided into dis- 
 trict libraries, under the law providing for such division, the 
 town clerk should annually apportion the library moneys to 
 the districts, to be expended by the district boards for books. 
 
 3. This authority to select books for the township libraries 
 is one of the greatest importance, and should be exercised vrith 
 the utmost care and circumspection. Good books are great 
 blessings. They are the cheapest and most efficient educational 
 agencies known; and the school library is justly Esteemed a 
 needful and valuable auxiliary to our public Fchool system. 
 Care should be taken to select, to a considerable extent, such 
 books as will prove interesting and instructive to the young, 
 
 7 
 
60 PEIMAEY SCHOOL LAW. 
 
 for the regulation thereof, and the preservation of the books 
 contained in it, as they may deem proper. 
 
 Sec. 74 [This section is repealed, except in regard to counties 
 To appoint one ^^"^^S ^o County School Superintendent.] They 
 of their nam- shall appoint One of their number to visit each school 
 schoolsT'"' ill the township having a qualified teacher, at least 
 once in each school term in which a school is 
 taught, who shall inquire into the condition of such schools, 
 examine the scholars, and give such advice to both teachers 
 and pupils, as he may think beneficial. 
 
 from ten to twenty years of age. Let the taste for reading good 
 books once be strongly established, and our pupils will not only 
 use the library, but will go beyond that, and seek to supply 
 themselves, even at their own expense, with the means of grat- 
 ifying their appetite for learning. 
 
 4. The law requires a list of library books to be selected and 
 contracted for by the State Board of Education, and the 
 inspectors and district boards are required by law to purchase 
 under this contract, unless the township or districts order oth- 
 erwise. They are also required to expend the library funds 
 annually. But, as the law makes so inadequate provision for 
 the support of libraries, and, consequently, so few books are 
 purchased, no satisfactory contract could be made for some 
 years past. There is little hope of an improvement in the 
 libraries, either township or district, until the law furnishes a 
 more adequate fund. 
 
 (Section 74.) This section is in force in counties having less 
 than ten school districts, which are not entitled to a County 
 Superintendent, or while a vacancy may exist in that office, in 
 other counties. The duty it imposes is a responsible one, and 
 should be faithfully performed. Inspectors are entitled to pay 
 for the time spent in visiting the school, the same as for meet- 
 ings of the board. 
 
PBIMAEY SCHOOL LAW. 51 
 
 Sec. 75. When a new district is formed, in whole or in part, 
 from one or more districts possessed of a school- ^^^^ ^.^^^.^^ 
 house, or entitled to other property, the inspectors, sot'^tf'entmed 
 at the time of forming such new district, or as *aia?r!a prop. 
 soon thereafter as may be, shall ascertain and de- ^^'y- 
 termine the amount justly due to such new district from any 
 district out of which it may have been in whole or in part 
 formed, as the proportion of such new district of the value of 
 the school-house and other property belonging to the former 
 district, at the time of such division; and whenever by the 
 division of any district, the school-house or site thereof shall 
 no longer be conveniently located for school purposes, and 
 shall not be desired for use by the new district in which it may 
 be situated, the school inspectors of the township in which 
 such school-house and site shall be located, may advertise and 
 seE the same, and apportion the proceeds of such 
 sale, and also any moneys belonging to the district meat'of pro- 
 thus divided, among the several districts erected in ™°''^' 
 whole or in^part from the divided district. 
 
 Sec. 76. Such proportion shall be ascertained and deter- 
 mined, according to the value of the taxable prop- _ 
 erty of the respective parts of such former district tion to he 
 at the time of the division, by the best evidence in *='=^'''»'™'*- 
 the power of the inspectors; and such amount of any debt 
 due from the former district, which would have been a charge 
 upon the new, had it remaiaed in the former district, shall be 
 deducted from such proportion: Provided, That no real estate 
 thus set ofif, and which shall not have been taxed for the pur- 
 chase or building of such school-house, shall be entitled to any 
 portion thereof, nor be taken into account in such division of 
 district property. 
 
 {Section 75.) 1. When part of a district possessed of a school- 
 house or other property, is set off to another district possessing 
 a school-house, the part set off is not entitled to receive any 
 share of the district property; what it loses in the old district 
 being counted as made up by what it gains in the new. 
 
 2. Difficult questions often occur in the division of districts, 
 in relation to-ihe property, debts, &c., for which the law makes 
 no specific provision. In such cases the inspectors must be held 
 to be authorized to settle the rights of the parties on principles 
 of equity, according to their best judgment, — of course, not in 
 conflict with any provision made by the law. 
 
52 PEIMAET SCHOOL LiW. 
 
 Sec. 77. The amount of such proportion, when so.ascertained 
 Proportion to ^^^ determined, shall be certified by the township 
 te eertifled to clerk to the Supervisor of the township, wliose duty 
 how7tapMed it shall be to assess the same upon the taxable 
 •^- property of the district retaining the school-house 
 
 or other property of the former district, in the same manner 
 as if the same had been authorized by a vote of such district, 
 and the money so assessed shall be placed to the credit of the 
 taxable property taken from the former district, and shall be 
 in reduction of any tax imposed in the new district on said 
 taxable property for school district purposes. 
 
 Sec. 78. When collected, such amount shall be paid over to 
 the assessor of the new district, to be appUed to 
 ^mmt'coi- the use thereof, in the same manner, under the 
 mSd 0T«r*° direction of its proper ofiBcers, as if such sum had 
 been voted and raised by said district for building 
 a school-house, or other district purposes. 
 Sec. 79. On the first Saturday of October, in each year, the 
 inspectors shall make triplicate reports, setting forth 
 iMpeotorsTo the whole number of districts in their townships, 
 tawndtt?""' *^® amount of money raised and received for town- 
 ship and district libraries, and such other items as 
 shall from year to year be required by the Superintendent of 
 
 (Section 79.) 1. The following is the provision in counties 
 having a County Superintendent: 
 
 " 1. The annual reports of the township inspectors, provided 
 by Section 79, [of the School Laws,] of Chapter 78, of the Com- 
 piled Laws, shall hereafter be made to the County Superinten- 
 dent, and he shall, immediately after receiving such reports, file 
 copies of the same in the ofi&ce of the county clerk, and trans- 
 mit duplicates thereof, together with such other information as 
 may be required of him, to the Superintendent of Public 
 Instruction. He shall examine into the correctness of the 
 inspectors' reports, and may, when necessary, require the same 
 to be amended, and shall indorse his approval on such as he 
 ahall find correct. In case of a vacancy in the office of Count; 
 Superintendent, the reports of the school inspectors shall be 
 received and transmitted as aforesaid by the county clerk." 
 
PBIMABT SCHOOL LAW. 53 
 
 Pablie Instrnction, together with the several particulars set 
 forth in the reports of the school directors for the preceding 
 year; and the township clerk shall immediately forward two 
 copies of the same to the comity clerk, and deposit the other 
 in his ofSce. 
 
 2. The necessary blanks for the reports required by this sec- 
 tion are annually forwarded to the proper officers. Three of 
 these blanks are sent to, each township derk — two for the dupli- 
 cate copies to be delivered to the county clerks, or County 
 Superintendents, and one to be filed in the office of the town- 
 ship clerk for the use of the board and their successors. (See 
 form No. 24.) 
 
 3. The facts and statements for the inspectors' reports are to 
 be derived mainly from the annual reports of the district direc- 
 tors, required by section 54. Should these reports be deficient 
 in any particulars, or incorrect, the inspectors are not authorized 
 to correct them, except in the single case provided for in sec- 
 tion 80. They may, however, and should, where time will per- 
 mit, notify the director of the deficiency or error, and get the 
 same corrected. In their report to the Superintendent of Pub- 
 lic Instruction, the inspectors should furnish such facts within 
 their knowledge, as will explain, as far as may be, the deficien- 
 cies or errors therein. 
 
 4. The law requires the director to furnish with his report, a 
 list of the names of the school children of the district, made 
 under oath. [Section 41.) The inspectors should compare 
 these census lists, to see that the same children are not reported 
 in two districts, as sometimes happens. If the census list is 
 not furnished, the inspectors should note the fact in their 
 report; As this sworn list is the legal evidence of the number 
 of children of school ages in the district, there is no proper 
 basis for the apportionment of pubHc money to any district not 
 thus furnishing it. 
 
 5. The partial reports from directors of districts whose 
 school-houses are not in the township, should never be copied 
 into the inspectors' reports. 
 
54 PBIMABT SCHOOL LAW. 
 
 Sec. 80. The board of inspectors, before making their annual 
 report to the county clerk, shall examine the rec- 
 spectors toVx- ord of tcachers to whom certificates have been 
 oTleic^is^ given by them, and if in any school district having 
 thirty or more children over five and under twenty 
 years of age, a school shall not have been taught for five 
 months, and in any district having eight hundred or more 
 children of like ages, for nine months, and in any other district 
 three months during the preceding school year, by a qualified 
 teacher, no part of the public money shall be distributed to such 
 district, although the report from such district shall set forth 
 that a school has been so taught; and it shall be the duty of 
 the board to certify the facts in relation to any such district in 
 their reports to the county clerk. 
 
 Sec. 81. Whenever it shall be necessary or convenient to form 
 
 a district from two or more adjoining townships, 
 
 diatrictfl"^'' the inspectors, or a majority of them, of each of 
 
 townshSr* ^^°^ adjoining townships, may form such district, . 
 
 and direct which township clerk shall make and 
 
 deUver the notice of the formation of the same to a taxable 
 
 (^Section 80.) " 1. In counties having a County Superintendent 
 the inspectors have no record of certificates given; but they 
 should be satisfied that every teacher had a certificate. If, in 
 any case, they are ib doubt, they can readily ascertain the facts 
 by inquiring of the County Superintendent. 
 
 2. No teacher is to be regarded as a quaUfied teacher who 
 did not hold a certificate at the time of commencing school; 
 nor can he be counted as a legally qualified teacher after his 
 certificate has expired. On such expiration, he must apply for 
 reSxamination if he continues to teach: (For " school month," 
 see section 41.) 
 
 (^Section 81.) Whenever the inspectors of two or more town- 
 ships meet to form or alter the boundaries of fractional districts, 
 a majority of each board is necessary to a decision. A simple 
 majority of the joint boards is not sufficient. Nor can the 
 inspectors of one township alone either add to, or take from, 
 the territory of such district situated in their township. It is 
 sometimes the case that the inspectors of one or more town- 
 
PEIMAKY SCHOOL LAW. 55 
 
 inhabitant thereof, and may regulate and alter such district as 
 
 circumstances may render necessary. The director 
 
 of such district shall make his annual report to the po" to be'^ 
 
 clerk of the township in which the school-house is ""*"■ 
 
 situated. 
 
 Sec. 82. The director of every district formed as provided in 
 the preceding section, shall also report to the clerk „ 
 
 - 1 , ° , . . t . 1 . t ■,^,.,. . , Director to re- 
 
 01 each township m ■which the district is in part porttooaoii 
 situated, the number of children between the ages """'^'''p- 
 of five and twenty years in that part of the district lying in 
 such township, and books shall be drawn from the library of 
 each township for the use of such district; but the district 
 shall have access to but one such library, at the same time, and 
 the said inspectors shall establish the order in which books 
 shall be drawn from each township library: Provided, That no 
 books shall be drawn from any township library by any district 
 having a district library; but such district shall be entitled to its 
 just proportion of books from the library of any township in 
 which it is partly situated, to be added to the district library, 
 and also to its equitable share of any library moneys raised or 
 received by any such township. 
 
 Sec. 83. Such school districts already formed from two or 
 more townships, shall continue to be governed by ^igt^ j^j, 
 the regulations already established according to rormedfrom 
 law, in relation to the annual reports, and the draw- t"wnshuis" 
 ing of books from the township libraries, subject to tow regulated. 
 such changes as may be made in respect thereto by the said- 
 inspectors, in conformity with the preceding provisions. 
 
 ships meet and decide upon a change, and send their decision 
 to the inspectors of another township interested, for their con-; 
 corrence. This is of very doubtful legality. 
 
 {Section 82.) The provisions for the annual reports of the 
 directors of fractional districts, demand especial attention-. 
 The director should make only one fall report, [^Section 54,] 
 and that should embrace all the children, in the district of 
 proper school age. But he must also make a partial report to- 
 each of the other townships in which any part of the district is 
 situated, embradng only the number of children residing in 
 that part of the district. (For reports of taxes in- fractional' 
 districts, see section 84.) 
 
56 PBIMABT 80HOOI. LAW. 
 
 See. 84 The full amonnt of all taxes to be levied upon the 
 taxable property of such district, shall be certified 
 taxe''s°°h<^ ^y ^^^ district board to the supervisor of such town- 
 """""feOTs ships, and each of said supervisors shall certify to 
 ™^'^ ' each other supervisor within whose township such 
 district is in part situated, the amount of taxable property in 
 that part of the district lying in his township; and such super- 
 visors shall respectively ascertain the proportion of such taxes, 
 to be placed on their respective assessment rolls, according to 
 the amount of taxaible property in each part of such district. 
 
 EXAIinNATIOIl 07 TEACHEBS. 
 
 Sections 85, 86, 87, 88, 89, 90 are repealed, except in regard 
 to counties having no County School Snperintend- 
 
 *°'.jed ^^^- ^^ such counties, or in other counties, while 
 
 a vacancy in the office of County Superintendent 
 
 may exist, they are in full force. 
 
 Sec. 85. It shall be the duty of the inspectors to examine all 
 
 persons offering themselves as candidates for teach- 
 
 of^tMchers!'' ^^^ °^ primary schools in their townships, in regard 
 
 to moral character, learning, axid abiUty to teach a 
 
 (Section 84.) Much confusion and trouble has arisen from 
 the assessment of district taxes in fractional districts. Both 
 the reason of the law and the law itself will be evident if it is 
 remembered that no tax can be assessed upon any property in 
 any township but by the supervisor of the township. Each 
 supervisor must, therefore, be notified by the district board of 
 the Entire amount of the district taxes. Thep each supervisor 
 needs to know the entire amount of taxable property in the 
 district. This latter information is furnished by the several 
 supervisors to each other. Each supervisor knowing thus the 
 entire amount of tax to be raised, and being able to ascertain 
 the proportion of the property of the district lying in his town- 
 ship, is prepared to assess upon such property its equitable 
 proportion of the tax. We here see the vital importance of 
 the map of the districts required by sections 102 and 103. 
 
 (Section 85 ) 1. 'No certificate should be given to a teacher 
 who does not pass a satisfactory examination in the common 
 
PEIMiKY SCHOOL LAW. 57 
 
 «chool; and they shall deliver to each person so examined and 
 fonnd qualified, a certificate signed by them, in such c^tifljatj 
 form as shall be prescribed by the Superintendent 
 of Public Instruction, which certificate shall certify the 
 branches in which the person holding it has passed a sat- 
 
 branches, reading, orthography, geography, grammar and arith- 
 metic. (See section 88.) "Whenever the applicant proposes to 
 teach in the higher departments of a graded school, or in any 
 advanced primary school, he should be required to pass an 
 examination in all the branches he will be expected to teach. 
 
 2. Inspectors may lawfully invite any gentleman they may 
 choose, to assist them in their examinations; but they cannot 
 deputize any one to give a certificate in their stead, or to con- 
 duct examinations in their absence. Two of the inspectors 
 may examine and license teachers, but one cannot act alone in 
 this duty. 
 
 3. Inspectors owe it to the schools to refuse a certificate to 
 any teacher who is a drunkard, or gambler, or who uses pro- 
 fane language, or indulges in any other gross immorality or 
 indecent habit. No excellency of scholarship or experience, or 
 skill in teaching, can compensate a school for the lack of moral 
 purity and integrity in the teacher. The law has wisely made 
 a good moral character a requisite for a qualified teacher, since 
 it is on the virtue as well as on the intelligence of the people 
 that the safety of the Republic depends. In case the candi- 
 date is a stranger to the inspectors, they may require him to 
 show satisfactory testimonials of his good moral character. 
 
 4. Only teachers of experience and approved success should 
 be licensed for the longest period. Young teachers should be 
 contented to pass a noviciate of six months to prove their 
 ability to teach. 
 
 5. In^ge^tors. have no authority to grant a modified or par- 
 tial certificate, certifying to competency in one or two branches, 
 and not licensing to teach. The certificate must be in the form 
 
 8 
 
58 PKIMAKY SCHOOL lAW. 
 
 isfactory examination, and shall be given at the discretion of 
 the inspectors, for a term of not less than six months, nor more 
 Term " quaii- *^*" *^° jears. No pcrson shall be deemed a qual- 
 fied teacher," ified teachor, within the meaning of this chapter, 
 who has not such a certificate in force, or the legal 
 certificate as a graduate of the State Normal School. 
 
 Sec. 86. For the purpose of making such examination, the 
 board of school inspectors shall meet on the second 
 exlimilfing'^"' Saturday of April, and the first Saturday of Ooto- 
 notice thereof. ^^^' ^^^ ^^^^ Saturday of November in each year, 
 at the office of the township clerk, or at such other 
 place as they shall designate, of which meetings the township 
 clerk shall give at least ten days' notice in writing, by posting 
 up the same in three public places in the township. 
 
 Sec. 87. The.inspectors may make such examination at such 
 other times as they may designate for that purpose, 
 
 otto?ume™^' but sliall make no charge against the township for 
 examining teachers at any other times than those 
 
 specified in the preceding section. 
 
 Sec. 88. The examination of teachers shall be public, and no 
 . certificate shall be given by the inspectors, unless 
 
 to be public; they are satisfied that the applicant possesses a 
 2f teacheir S°°^ moral character, and a thorough and accurate 
 knowledge of the several branches of study usually 
 taught in primary schools, and is competent in other respects, 
 to teach and govern a school. 
 
 Sec. 89. When a district is situated in two or more town- 
 Where to be ships, the teacher for such district shall be exam- 
 examined tor ined by the inspectors of the township to whick 
 distrS' the director is required to make his annual report. 
 
 Sec. 90. Whenever the inspectors shall deem it necessary to- 
 reexamine any teacher of a primary school in their 
 may re-exam- towuship, they shaU give five days' notice to such 
 and annaf cer- teacher, of the time and place of such reSxamina- 
 tiscate. tion, and of their intention to annul his certificate 
 
 if they find him deficient in the requisite qualifications; and 
 
 prescribed by the Superintendent of Public Instruction, and 
 must not be given except the candidate passes a satisfactory 
 examination in all the branches named in note 1, above. (See 
 form No. 16.) 
 
 (Section 90.) 1. No teacher's certificate can be annulled on a. 
 mere report of incompetency; but the inspectors are bound to- 
 
PBIMAKY SOHOOI, LAW. 59' 
 
 at the same time and place specified in the notice, if such' 
 teacher shall not appear and submit to such reexamination, or 
 if he shall be found deficient as aforesaid, the inspectors shall 
 annul said certificate. 
 
 Sec. 91. The whole number of meetings of the township- 
 board of inspectors, during any one year, at the 
 expense of the township, shall not exceed four, and me"Mngs°of 
 the township clerk shall give at least ten days' pub- toard, 
 lie notice of any meeting of the board, by posting ^g^^^^ 
 such notice in three public places in the township. 
 
 Sec. 92, and Sec. 93. [Repealed by the Act ap- sectioDs 
 proved February 15, 1859.] repeued. 
 
 Sec. 94. It shall be the duty of the board of inspectors to 
 render to the township board, on the Tuesday next j^^ ^^^^^^ ^ 
 preceding the annual township meeting, a fall and account to 
 true account of all moneys received and disbursed board!'"'' 
 by them as such inspectors, during the year, which 
 account shall be settled by said township board, and such dis- 
 bursements allowed, if the proper vouchers are presented. 
 
 Sec. 95. [Repealed by Act approved February section 
 15, 1859.] "P^*'"^- 
 
 CERTAIN DUTIES OF TOWNSHIP OLEKK. 
 
 Sec. 96. The township clerk shall be the clerk of the boardi 
 of school inspectors by virtue of his office, and shall 
 attend all meetings of said board, and under their on^psctorY.'^ 
 direction prepare all their reports and record the 
 same, and shall record all their proceedings, including the 
 
 examine him, and, if necessary, visit his school and assure them- 
 selves personally of his deficiency. 
 
 2. Whenever the inspectors shall have annulled a teacher's 
 certificate, they ought immediately to notify the district board 
 that had employed him, as no public money can be paid him 
 for services after such annulment, and none drawn on account 
 of his teaching. The contract made with a qualified teacher 
 becomes null and void by the annulling of his certificate. (See 
 Notes on section 39.) 
 
 (Section 96.) 1. The township clerk is also required to file 
 or record a copy of the certificate held by any graduate of the^ 
 
60 PRIMAET SCHOOL LAW. 
 
 names of teachers to whom certificates shall have been given, 
 with the date of each certificate, and the name of each teacher 
 whose certificate shall have been annulled, with the date of 
 such annulment. 
 
 Sec. 97. On receiving notice from the county treasurer of the 
 Clerk to appor- ^""o^nt of school moneys apportioned to his town- 
 tion school ship, he shall apportion the same amongst the 
 moneys. several districts therein, entitled to the same, in 
 
 proportion to the number of children in each between the ages 
 of five and twenty years, as the same shall be shown by the 
 annual report of the director of each district for the school year 
 last closed. 
 
 State Normal School, offering to teach in his township. [Ses- 
 sion laws of 1863, act 105, section 2. See "Normal School 
 Diplomas," in this volume.] 
 
 2. The County Superintendent law does not give the County 
 Superintendents power to suspend a Normal certificate. Should 
 a case occur, in a county having a Superintendent, where a 
 teacher, holding such certificate, proves unworthy, it must be 
 referred to the Board of Instruction of the Normal School. 
 
 (Section 97.) The districts entitled to public moneys are those 
 which hav£ had a school taught by a " qualified teacher " for 
 ihree, five, or nine months, as\ required by section 24, during 
 the preceding school year. No money should be apportioned 
 to others. The income of the primary school fund is appor- 
 tioned to the townships, by the Superintendent of Public 
 Instruction, annually, in the month of May. It is made upon 
 the report of the inspectors, in his office. If the amount re- 
 ported to the township clerk does not correspond with the 
 number of children in the same report in his office,' it is an 
 indication that the reports are not alike; and he should seek an 
 explanation (from the State Superintendent, before apportioning 
 ihCimoney to the districts. 
 
FBIMABT SOHOOIi LAW. 61 
 
 Sec. 98. Said clerk shall also apportion to the school districts 
 in his township, as required by law, on receiyiner „ 
 
 , . , . , ^ . . -^ .1 , 1 . , ° To apportion 
 
 notice of the amount from the township treasurer, Echooi moneys 
 all moneys raised by township tax, or received from "'^^3^5, and 
 other sources for the support of schools; and in all ■'?'='"■<' wp"- 
 cases make out and deliver to the township treas- 
 urer a written statement of the number of children in each 
 district drawing money, and the amount apportioned to each 
 district, and record the apportionment in his office; and when- 
 ever an apportionment of primary school money or moneys, 
 raised by tax or received from other sources, is made, he shall 
 give notice of the amount to be received by each district, to 
 the director thereof. 
 
 Sec. 99. He shall receive and keep all reports to the inspec- 
 tors from the directors of the several school dis- 
 tricts in his township, and all the books and papers ^^^"1^^'°^ 
 belonging to the inspectors, and file such papers in 
 his office. 
 
 Sec. 100. He shall receive all such communications as may 
 be transmitted to him by the- Superintendent of ^^^^^^ ^ ^^ 
 Pubhc Instruction, and dispose of the sama in the dispose of - 
 manner directed therein. tfona'!'"'""*^ 
 
 (^Section 98.) 1. It is the duty of the township treasurer to 
 notify the clerk of the amount of all school moneys received or 
 raised for the township. (Sees. 109 and 110.) Although the 
 proceeds of the two-mill tax belong now to the districts in 
 which it was raised, still the treasurer should notify the clerk 
 of the amotints raised in the several districts. The law re- 
 quires the clerk to apportion the two-mill tax as well now as 
 when ,it was apportioned on the scholar. The propriety of 
 this is seen in the fact that he has the evidence as to what dis- 
 tricts may have forfeited their money — how much, if any, li- 
 brary money is to be deducted before the division, — ^how much 
 surplus from delinquent districts is to be appropriated to the 
 others, and, in towns having district libraries, how it is to be 
 apportioned. For directions for apportioning school moneys 
 in the case of fractional districts, see Notes on sections 142 and 
 143. 
 
■62 PBIMAKY SCHOOL LAW. 
 
 Sec. 101. He Bhall transmit to the county clerk all such re- 
 To trao mit ports as may be delivered to him for that purpose 
 ioBpectors' by the inspectors, within the time limited ia this 
 reports. chapter. (See section 79, and note to the same.) 
 
 Sec. 102. Every township clerk shall cause a map to be made 
 of his township, showing by distinct lines thereon, 
 
 ■of district.™*^ t^^ boundaries of each school district, and parts of 
 school districts therein, and shall regularly number 
 
 the same thereon, as established by the inspectors. 
 
 Sec. 103. One copy of such map shall be filed by the said 
 „ clerk in his office, and one other copy he shall file 
 
 map and de- with the Supervisor of the township; and within one 
 siTperv'isor."' month after any division or alteration of a district, 
 or the organization of a new one in his township, 
 the said clerk shall file a new map and copy thereof as afore- 
 said, showing the same. 
 
 Sec. 104. The clerk shall also certify to the supervisor the 
 To certify amount to be assessed upon the taxable property of 
 amount to be any school district retaining the district school- 
 mvfsion oTa house Or other property, on the division of the dis- 
 district. trict, as the same shall have been determined by 
 
 the inspectors, and he shall also certify the same to the director 
 of such district, and to the director of the district entitled 
 thereto. 
 
 Sec. 105. Said clerk shall also be the township librarian, and 
 
 as such shall have the custody of the township 
 
 ubrarian^^ library; and he shall do and execute all such other 
 
 acts and things pertaining to his office, as may be 
 
 required of him by the inspectors. 
 
 (Sections 102 and 103.) This is an important duty; and a neg- 
 lect of it (too common, it is feared,) is almost certain to cause 
 difficulty in assessing taxes, in taking the census, and in a 
 general knowledge of boundaries. Town clerks are respectfully 
 urged to promptness in this matter. In any case where 
 there is doubt or dispute about a boundary, the inspectors 
 should promptly decide the question, and have the map made 
 accordingly. 
 
PRrMABY SCHOOL LAW. 63 
 
 OP TAXES FOE SCHOOL PURPOSES. 
 
 Sec. 106. It shall be the duty of the supervisor of the town- 
 ship to assess the taxes Toted by every school dis- j^^ggss^g^ 
 trict in his township, and also all other taxes pro- and couec- 
 vided for in this chapter, chargeable against such JiJ^chooi"'^ 
 district or township, upon the taxable property of purposes. 
 the district or township respectively, and to place the same on 
 the township assessment roll in the column for school taxes, 
 and the same shall be collected and returned by the township 
 treasurer, in the same manner and for the same compensation 
 as township taxes. 
 
 Sec. 107. The supervisor shall also assess upon the taxable 
 property of his township, two mills upon each dol- ,j,^g.^iii j^x 
 lar of the valuation thereof, in each year, and re- 
 port the aggregate valuation of each district to the township 
 clerk; and so much of the said tax as the qualified electors of 
 said township shall decide, by a majority vote, at the annual 
 township meeting, shall be applied to the purchase of books 
 for the district or township libraries, according to the provis- 
 ions of law, and the remainder shall be apportioned by the 
 township clerk to the districts in which it was raised, for the 
 support of schools therein; and all moneys coUeeted jf,,„ber of 
 by virtue of this act during the year, on any prop- months of 
 
 1 i-ijj- -jj-i-l- school re- 
 
 erty not included an any organized district, or m quired. 
 
 districts not Jiaving, during the previous school 
 
 year, three months' school in districts having less than thirty 
 
 (Section 106.) For directions for assessing taxes upon frac- 
 tional districts, see section 84 and notes. 
 
 (Section 107.) 1. Section 141 provides that if any schoo 
 taxes fail to be assessed at the proper time through the fault of 
 the supervisor, they shall be assessed the next year, and he is 
 liable for any damage to the district. But, in addition to this, 
 he is liable to a penalty of five hundred dollars for willfully 
 neglecting to assess any tax required by law. (Compiled Laws, 
 page 322.) 
 
 2. AU money raised by the two-mill tax in districts not hav- 
 ing the length of school required, must be counted with that 
 raised on property not in any organized district, and appor- 
 
64 FaiMABT SCHOOL LAW. 
 
 children, or five months' school in districts having thirty andi 
 less than eight hundred children, or nine months' school in 
 districts having eight hundred or more children, as shown by 
 the last school census, shall be apportioned' to the several other 
 school districts of said township, in the same manner as the 
 primary school moneys are now apportioned. AJl ^^^^^f„a 
 moneys accruing from the two-miU tax in any town- dutricis ar» 
 ship, before any district shall have a legal school •"■^a"'™*- 
 
 tioned to the districts in which the schools were maintained, as 
 required by law. 
 
 3. The vote must be taken annually, at the township meeting, 
 to determine how much of the two-mill tax shall be appropri- 
 ated for the support of libraries. This vote may be viva voce, 
 and may be for a gross amount, as 50 or 100 dollars, or may be 
 for a per centum, as 15 per cent, or 20 per cent, of the entire 
 proceeds of the tax. No township ought to fail to make this 
 appropriation, since a library is as necessary as a school for the 
 education of the young. 
 
 4. The library money when distributed to the districts, is to 
 be apportioned in proportion to the number of children of legal 
 school ages, in each. (See district school libraries, section 3.) 
 
 5. For mode of apportioning money to fractional districts, 
 see section 142. 
 
 6. Money raised from the two-mill tax is public money, and 
 can only be used for the payment of the iwages of " qualified 
 teachers." Bat in case of a surplus, after supporting a school 
 for eight months in the year, the district may use such surplus 
 for other school purposes, or for library books. (Section 172.) 
 
 7. Any two-mill taxes raised in any town before any school 
 district is organized, and has had a legal school therein, is to 
 remain in the town treasury untU a district shall be organized 
 and have such school. Then such district is entitled to all the 
 two-mill tax previously raised in its territory. The remainder 
 of the accumulated money then in the town treasury is still 
 retained, to be paid over in like manner to other districts as 
 they shall be organized and have a school. But all the two- 
 
PRIMAEY SCHOOL LA.W. 6S 
 
 therein, shall belong to the districts in which it was raised, 
 when they shall severally have had a three months' school by a 
 qualified teacher. 
 
 Sec. 108. The supervisor, on delivery of the warrant for the 
 eollection of taxes to the township treasurer, shall gi^tementt. 
 also dehver to said treasurer, a written statement so deiivMsd to 
 of the amount of school and library taxes, the wSnt'ete" 
 amount raised for district purposes on the taxable ^"^ ^'"'- ^*^- 
 property of each district in the township, the amount belong- 
 ing to any new district on the division of the former districti 
 and the names of all persons having judgments assessed under 
 the provisions of this chapter upon the taxable property of any 
 district, with the amount payable to each such person on 
 account thereof. 
 
 Sec. 109. 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 paid next to 
 amount of the school taxes on the assessment roll, '"^"^^p"^™- 
 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 elerk 
 of the amount. 
 
 mill tax raised after the first district is organized, and has the 
 requisite time of school, will go to the district or districts 
 entitled thereto, under the last clause of the first sentence in 
 section 107. 
 
 (Section 109.) 1. In Compiled Laws, chapter IT, section 57, 
 it is provided that out of the moneys raised by taxes there 
 shall first be paid the tax for township purposes; second, the 
 taxes for school and library purposes, and third, the highway 
 taxes. Therefore, the school taxes — that is, the whole amount 
 assessed, — must all be paid before any moneys can be paid for 
 highway taxes. For directions in regard to moneys belonging 
 to fractional districts, see sections 142 and 143. 
 
 2. The treasurer is to report the amount to the towaship 
 olerk, so that he can determine and report to the district direc- 
 tors (section 98) how much is going to the several districts; 
 9 
 
(bb PKIMAKT SCHOOL LAW. 
 
 Sec. 110. Said treasurer shall, from time to time, apply to 
 
 the county treasurer for all school and library 
 
 treasurer to moneys belonging to his township, or the districte 
 
 ty ta^asure™' thereof; and on receipt of the moneys to be appor- 
 
 for moneys, tioned to the districts, he shall notify the township 
 
 clerk of the amount to be apportioned. 
 
 CERTAIN DUTIES OP THE COUNTY CLERK. 
 
 Sec. 111. It shall be the duty of each county clerk to receive all 
 Connt clerk ^^°^ Communications as may be directed to him by 
 to receive and the Superintendent of Public Instruction, and dis- 
 mSat'ions"'' pose of the Same in the manner directed by said 
 fromdupt. Superintendent, 
 
 Sec. 112. The clerk of each county shall, immediately after 
 conntv clerk receiving the annual reports of the several boards 
 to report to su- of Bchool inspectors, transmit to the Superintendent 
 perintendent. ^j Public Instruction one of the duplicate reports 
 of each of said several boards, and the other he shall file in his 
 Notice of office; and on receiving notice from the Superin- 
 Bchooi moneys tcndent, of the amount of moneys apportioned to 
 apportions . ^j^^^ several townships in his county, he shall file the 
 same in his office, and forthwith deliver a copy thereof to the 
 county treasurer. 
 
 Sec. 113. [This section has been repealed.] 
 
 LIBRARIES. 
 
 Sec. 114. A township library shall be maintained in each 
 Library tote Organized township in this State, which shall be the 
 maintained in property of the township; and the parents and 
 •ach township, guardians of all children therein, between the ages 
 of five and twenty years, shall be permitted to use books from 
 such library without charge, being responsible to the township 
 for the safe return thereof, and for any injury done thereto, 
 according to such rules and regulations as are or may be estab- 
 ^shed by the board of school inspectors of the township: Pro- 
 
 (Section 110.) The income of the primary school fund is ap- 
 portioned annually in May. The library moneys arising from 
 fines, are required to be apportioned by the county treasurers 
 between the first and tenth days of April in each year. (Sec- 
 tion 116.) 
 
PEIMAB5 SCHOOL LAW. 67 
 
 vided, That no township in which the township library has 
 been distributed into district hbraries, shall be required to 
 maintain thereafter a township library: And provided also, That 
 the school inspectors of any township may equitably divide the 
 township library into distarict libraries whenever requested by 
 a vote of a majority of the districts in the township. 
 
 Sec. 115. The books in such township library shall, once in 
 three months, be disteibuted by the township libra- ^^^^^ ^^ ^^ 
 rian among the several school districts of the town- dr.wa onoo in 
 ship, in proportion to the number of children in an"?e™?°6d*' 
 €ach between the ages aforesaid, as the same shall "^ 'J'^ctors. 
 appear by the last report of lie director therepf, and said 
 books shall be drawn and returned by the several directors for 
 their respective districts. 
 
 Sec. 116. The clear proceeds of all fines for any breach of 
 the penal laws of the State, and for penalties, or pj^^g^j, „f 
 upon any recognizances in criminal proceedings, fines, etc., to 
 and all equivalents for exemption from military ty^Sty''^* 
 duty, when collected in any county, and paid into a^^™/"™. 
 the county treasury, together with all moneys here- ssips for par- 
 tofore collected and paid into said treasury on " "°° 
 account of such fines or equivalents, and not already appor- 
 tioned, shall be apportioned by the county treasurer, between 
 
 (Section 115.) The provisions of this section may be sus- 
 pended by the inspectors in their discretion. (Section 144) 
 When suspended, readers may draw books directly from the 
 township library. 
 
 (Section 116.) 1. In the case of the School Board of Detroit 
 vs. The Supervisors of Wayne county, the Supreme Court de- 
 cided that the entire amount of fines, &c., collected, belongs to the 
 library fund; that no part thereof can be used to pay the costs 
 of prosecution or collection. Under this decision any district 
 board may sue for and recover the proportion of the fine 
 moneys due the district, and illegally withheld in past years. 
 The violations of this section of the law are numerous and 
 fiagrant. Every year complaints reach this department of an 
 illegal appropriation of the fines to the general fund of the 
 counties, and to other purposes. Let it be remembered, the 
 county treasurers are still answerable to the districts for these 
 
68 PRIMARY SCHOOL LAW. 
 
 the first and tenth days of April in each year, among the sev- 
 eral townships in the county, according to the number of 
 children therein between the ages of five and twenty years, as 
 shown by the last annual statement of the county clerk on file 
 in his office, which money shall be applied to the purchase of 
 books for the township or district libraries, and for no other 
 purpose. 
 
 Sec. 117. In each district in which a district library has been 
 nirestortodis- established, the director shall, as the librarian of 
 tribute books the district, distribute the books therein to the 
 Urary.aud col- children of his district of proper age, and shall 
 foM^uTr dmo collect from the parents or guardians of such child- 
 to My book ren, all suah damages as they may respectively 
 
 belonging to , i- ui i. ^ t • • 3 
 
 township become liable to pay on account of any injury done 
 library. ^q^ qj. Joss of. Or neglect to return any of such 
 
 books, or any books belonging to the township hbrary, pursu- 
 ant to such rules and regulations as shall be prescribed by the 
 board of school inspectors. 
 
 Sec. 118. If such damages shall have occurred by reason of 
 Damages to *^y injury to, or loss of, or neglect to return any 
 books; how books belonging to the township library, they shall 
 appUei *" be collected in the name of the township, and paid 
 into the township treasury for the benefit of such 
 township library; and if the same shall have accrued by reason 
 of any injury to, or loss of, or neglect to return any books 
 belonging to the district library, the same shall be collected in 
 the name of the district, for the benefit of the district library. 
 
 funds, notwithstanding any votes of the supervisors directing 
 any other use of the same, and hereafter some energetic school 
 board like that in Detroit, may arise and demand that aU these 
 moneys be refunded. The supervisors have no more control 
 over the fine moneys than over the primary school moneys ap- 
 portioned to the county. While the law stands it should be 
 obeyed. It is unwise and un-American to use an eduoationid 
 fund to pay less important expenses. 
 
 2. In case a township has adopted the district library system, 
 the money received from fines, &c., is to be apportioned to the. 
 districts and parts of districts, severally. 
 
 (Sections 117 and 118.) All of these sections that relates to 
 district libraries, is rendered obsolete and void by the later law 
 of 1859. That which relates to township libraries is still in force, 
 
PBIMABY SCHOOL LAW. 69 
 
 DISTRIBUTIOH OF THE INCOME OP THE SCHOOL TmSB. 
 
 Sec. 119. The interest of the primary school fund shall be 
 distributed on the first Monday of May, or as soon 
 thereafter as is practicable, in each year, for the school fund to 
 support of primary schools in the several town- *»<*""■"""•''• 
 ships in this State, from which reports have been received by 
 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 each township be- 
 tween the ages of five and twenty years; and the p^ ^■^^^^ ^^ 
 same shall be payable on the warrant of the Au- county treas- 
 ditor General, to the treasurers of the several «nt°of'Au"t. 
 
 counties. <"■ 6»ieral. 
 
 Sec. 120. The several county treasurers shall apply for and 
 receive such moneys as shall have been "apportioned 
 to their respective counties, when the same shall urertorec«iT« 
 become due; and each of said treasurers shaU im- STtTiy^ciwic of 
 mediately give notice to the treasurer and clerk of """^ to-irnship. 
 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. No school district shall apply any of the moneys 
 received by it from the primary school fund, or from „ 
 
 n i.1, J i.u 1. n ■ Moneys not to 
 
 any or all other sources, for the support and mam- to applied for 
 teaance of any school of a sectarian character, tadan^ohoola^ 
 whether the same be under the control of any 
 religious society or made sectarian by the school district board.. 
 
 Sec. 122. Justices of the peace shall have jurisdiction in all 
 cases of assumpsit, debt, covenant, and trespass on 
 the case against school districts, in which the haTojurisdic- 
 amount claimed, or matter in controversy shall not JaseB." ''"'^"' 
 exceed one hundred dollars, and the parties shall 
 have the same right of appeal as in other cases. 
 
 (Sections 119 and 120.) No township can share in this dis- 
 tribution unless it has made the requisite annual report; and 
 no district that has not had a school taught therein by a quali- 
 fied teacher for the time required by section 24, during the 
 school year last closed. The apportionment usually cannot be 
 made till the latter part of May; on account of failures of more 
 or less of the county treasurers to forward to the treasury as 
 promptly as they should, the amount of interest by them col- 
 lected. 
 
70 PEIMABY SOBOOt LAW. 
 
 Sec. 123. When any suit shall be brought against a school 
 
 district, it shall be commenced by summons, a copr 
 
 district; how of which shall be left with the assessor of the 
 
 oommenoed. ^igtriot at least eight days before the return day 
 
 thereof. 
 
 Sec. 124. No execution shall issue on any judgment against 
 
 No elocution * school district, nor shall any suit be brought 
 
 tt> issue against thereon, but the same shall be collected in the mau- 
 
 distnct. j^gj, prescribed in this chapter. 
 
 Sec. 125. Whenever any final judgment shall be obtained 
 Judgment agaiust a school district, if the same shall not be 
 against distiiot removed to any other court, the assessor of the 
 to supervisor" district shall Certify to the supervisor of the town- 
 ty assessor, gj^jp^ aji(j 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 assessor shall certify the 
 same as aforesaid, immediatdy .after the final determination 
 thereof against the district. 
 
 See. 126. If the assessor shall fail to certify the judgment as 
 If assessor fails required in the preceding section, it shall be lawful 
 to certify, par- for the party obtaining the same, his executors, ad- 
 cerSate' ministrators or assigns, to file with the supervisor 
 cie?k^"^"°° " ^^^ certificate of the justice or clerk of the court 
 rendering the judgment, showing the facts which 
 should have been certified by the assessor. 
 
 Sec. 127. If the district against whom any such judgment 
 If district in shall be rendered, is situated in part in two or more 
 two or more townships, a Certificate thereof shall be delivered 
 MflSte to'each' as aforcsaid, to the supervisor of each township in 
 BuperTisor. which such district is in part situated. 
 
 Sec. 128. The supervisor or supervisors receiving either of 
 
 . the certificates of a judgment as aforesaid, shall 
 
 assess amount procced to asscss the amount thereof, with interest 
 
 andlnter^t'; from the date of the judgment to the time when 
 
 how collected ^j^g warrant for the collection thereof will expire, 
 
 andreiurned. t. i . . i • 
 
 upon the taxable property of the district, placing 
 the same on the next township assessment roll, in the col- 
 
 (SecHon 128.) If, when a judgment is obtained against a 
 district, the district has the means, and is disposed to pay it 
 before the tax is assessed, it seemsbut reasonable that it should 
 
PKIMAEY SCHOOL LAW. it 
 
 nmn 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 men-' 
 tioned in the first and second sections of this chap- p^^^ 
 ter, who shall neglect or refuse duly to receive and negieoUDg to . 
 return such notice, and every chairman of the first S Veoting"^ 
 district meeting in any district, who shall willfully °"^- 
 neglect or refuse to perform the duties enjoined on him in this' 
 chapter, shall respectively forfeit the sum of five dollars. 
 
 Sec. 130. Every person duly elected to the ofiSce of moder- 
 ator, director, or assessor of a school district, who 
 shall neglect or refuse, without sufficient cause, to on'lfiswiot 
 accept such office 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. 1 31. Every person duly elected or appointed a lichool 
 inspector, who shall neglect or refuse, without suf- p^n^ny „„ jn. 
 ficient cause, to qualify and serve as such, or who, spootor not 
 having entered upon the duties of his office, shall negiecttog °^ 
 neglect or refuse to perform any duty required of '""^■ 
 him by virtue of his office, shall forfeit the sum of ten dollars^ 
 
 have the right to do so, and exonerate the supervisor from 
 placing it in the tax roll. 
 
 [Sections 129 io 136.) The collector or other officer who exe- 
 cutes process, has peculiar protection. He is protected, although 
 the court or officer issuing such process have not, in fact, juris- 
 diction of the case, if, on the face of the process, it appears 
 that such court or officer had jurisdiction of the subject-matter,' 
 and nothing appears in such process to apprise the officer but 
 that there was jurisdiction of the person of the party affected 
 by the process. — 5 Wendell's Beports, 170. 
 
 In a decision of the Supreme Court of New Tork, (5 Wendellfi 
 p. 23i,) the Court said: 
 
72 PEIMAET SCHOOL LiW. 
 
 Sec. 132.. If; any board of school inspectors shall neglect or 
 d f h oi ^^^^^^ *o make and deliver, to the township clerk 
 inspectors'iia- their annual report to the county clerk, as required 
 biefornegiect. j^ ^y^ 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. (See section 79.) 
 
 Sec. 133. If ^ any, township clerk shall neglect or refuse to 
 Township clerk ti^^nsmit the report mentioned in the preceding 
 neglecting to sectiou, tp the couuty clerk, as required in this 
 pOT^tirHabie chapter, he shall he liable to pay the fulU amount 
 lost*"""""' ^°®* ^y ^'^"^ neglect or refusal, with interest thereon, 
 to be recovered in the manner specified in the 
 preceding section. 
 
 Sec. 134. Every county clerk who shall neglect or refuse to 
 County cleric transmit the report required in this chapter, to be 
 neglecting to made by him to the Superintendent of Public In- 
 reporttuabio structioh, withiu the time therefor limited, shall be 
 iMtT™""'" liable tp pay to each township the full amount 
 which such township, or any school district therein, 
 shall lose by such neglect or refusal, with interest thereon, to 
 be recovered in the nianner specified in the last two preceding 
 sections. 
 
 " It will be observed that these cases do not go upon the 
 ground that the claim by an individual to be a public officer, 
 and by acting as such, is merely ^rima facie evidence that he 
 is an officer dejuve, (of right,) but the principle they establish 
 is this: that an individual coming into office by color of an 
 election or appointment, is an offi,cer de facto, (in fact,) and his 
 acts in relation to the pii|}hc, or third persons, are valid until 
 lie is removed, although it be conceded that his election or 
 appointment was illegal." 
 
 « In the case of trustees and colleclovs of school districts, gen- 
 eral reputation of their being such offi,cers, and proof of their 
 acting as such, is prima facie sufficient, without producing 
 evidence of their election, especially where there is evidence of 
 their acting upder, color of an election."— 7 Wendell Bep., p. Ml, 
 
PKIMAEY SCHOOL LAW. 7d 
 
 Sec. 135. All the moneys collected or received by any town- 
 sbip treasurer under the provisions of either of Konoycoi- 
 the three last preceding sections, shall be appor- leotud on m- 
 tioned and distributed to the school districts enti- leo^'how""^' 
 tied thereto, in the same manner, and in the same ""sp^sed or. 
 proportion, that the moneys lost by any neglect or refusal 
 therein mentioned would, according to the provisions of this 
 chapter, have been apportioned and distributed. 
 
 Sec. 136. The township board of each township shall have 
 power, and is hereby required to remove from of- ^^^^ 
 fice, upon satisfactory proof, after at least five days' offloors for 
 notice to the party implicated, any district officer moMy™° °^ 
 or school inspector who shall have illegally used or 
 disposed of any of the public moneys entrusted to his charge, 
 or who shall persistently, and without sufficient cause, refuse 
 or neglect to discharge any one of the duties of his office. 
 
 Officers required by law to exercise their judgments, are not 
 answerable for mistakes of law, or mere errors of Judgment, 
 without any fraud or malice. — Jenkins vs. Waldron, llth John- 
 son's Reports, 114. 
 
 A public officer who is required by law to act in certain cases, 
 according to his judgment or opinion, and subject to penalties 
 for his neglect, is not liable to a party for an omission arising 
 from a mistake or want of skill, if acting in good faith. — Seaman 
 vs. Paten, 2d Gaine's Reports, 312. 
 
 But an officer entrusted by the common law or by statute is 
 liable to an action for neg'Zigrencc in the performance of his trust, 
 or for fraud or neglect in the execution of his office. — Jenner 
 vs. Joliffe, 9 John. Rep., 381. 
 
 For the mode of collecting the penalties, see Compiled Laws, 
 page 1,351. 
 
 The performance of any act prohibited by statute, and for 
 which no penalty is provided by enactment, is a misdemeanor. 
 [Compiled Laws, page 1,536.] 
 10 
 
74 PEIMAEY SCHOOL LAW. 
 
 MISCELLANEOUS PEOVISIONS EELATING TO PEIMABT SCHOOLS. 
 
 Sec. 137. Any person paying taxes in a district in which he 
 Persons pay- ^°^^ ^°^ reside, may send scholars to any district 
 ing taxes in school therein, if no school is kept in his own dia- 
 send to school trict, on paying a tuition equal per scholar to the 
 tSfreinf"''* ^^^^ previous apportionment of primary school 
 money, [and he shall be rated therein for teachers' 
 ■wages and fuel;] but he shall not have the right of voting, nor 
 shall his children be included in the census of said district. 
 
 Sec. 138. Whenever any portion of a school district shall be 
 When district ^^* °^ ^^^ annexed to any other district, or organ- 
 shaii be divid- ized into a new one, after a tax for district purposes 
 Issessld a^nd other than the payment of any debts of the district 
 how ux^coi?' ^^^^^ ^*'^® ^^^^ levied upon the taxable property 
 leoted and thereof, but not collected, such tax shall be col- 
 appor lone . ]g(,tg^ jjj jj^^ 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 
 Districts in primary school fund among the several townships, 
 two or more a district situated in part in two or more town- 
 oonw or Bohooi ships shall be considered as belonging to the town- 
 porHone7eio ^'^^P *° '^hich 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 
 
 (Section 137.) The clause in brackets is rendered nugatory 
 by the amendments to the law in 1869, abolishing all rate-bills. 
 On entering the school, as provided in this section, he 
 becomes liable to the tuition prescribed; and the scholar may 
 attend the school any portion of the school year, while no 
 school is being taught in his own district. 
 
 (Section 139.) The latter part of this section, included in 
 brackets, is virtually repealed by the amendment of section 107. 
 Money now raised in any township for the support of schools 
 therein, is counted as belonging to the districts in which it is 
 raised, each district receiving back all it paid of such tax. 
 
PEIMABY SCHOOL LAW. 75 
 
 apportioned to the districts and parts of districts therein, 
 according to the number of children of the proper age in 
 each.] 
 
 Sec. 140. This section is repealed. 
 
 Sec. 141. If any supervisor shall willfully neglect or refuse to 
 assess any taxes provided for by law, for school g^^ ^ j^ 
 purposes, the same shall be assessed in the succeed- imbiefor 
 ing year; and the supervisor so willfully neglecting ""^lect. 
 or refusing to assess, shall be liable to any district for any 
 damage occasioned thereby, to be recovered by the assessor, in 
 the name of the district, in an action of debt, or on the case. 
 
 Sec. 142. The supervisor of each township, on the deliv- 
 ery of the warrant for the collection of taxes to 
 the township treasurer, shall also deliver to said |l!?"titemeQt 
 treasurer a written statement certified by him, of «" township 
 the amount of the taxes levied under section one certain taxes. 
 hundred and seven of said chapter, upon any prop- abov™ ^°' 
 erty 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 town- 
 ship; and the said township treasurer shall pay to the town- 
 ship treasurer of such other township, the amount of the 
 taxes so levied and certified to him for the use of such 
 fractional school district. 
 
 except in case of library money, — provided that no district shaU 
 receive any part of such money without having maintained the 
 requisite time of school the previous year. 
 
 (Section 141.) When a tax fails to be assessed, the district 
 board should bear in mind and re-report it to the supervisor 
 the next year, without waiting for any action of the district. 
 
 (Sections 142 and. liB.) These sections, together with section 
 139, give the rule for the apportionment of school moneys to 
 fractional districts. In making the apportionment of school 
 moneys, a fractional district is to be treated as if belonging 
 wholly to the township in which its school-house is situated, 
 and to which the annual report of the director is to be made. 
 But as no supervisor can assess, or township treasurer collect 
 taxes upon property lying outside of their own township, th& 
 
76 PEIMABY SCHOOL LAW. 
 
 Sec. 143. Each treasurer of a township, to the clerk of which 
 the returns of any fractional school district shall 
 w'lduS""^' '^® made, shall apply to the treasurer of any other 
 township in which any part of such fractional 
 school distHct may be situate, for any money to which such 
 ■district may be entitled; and when so received it shall be cer- 
 Taxes In frao- ^^^^^ *" ^^^ township clerk, and apportioned in the 
 tioEaUistricts. 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 
 oremay sus-°' and fifteen of said chapter, whenever they shall be 
 ratlra of °^''' °^ Opinion that the convenience or the interest of 
 section 115. the people of their township will be promoted 
 thereby, and to restore the same, as in their judgment they 
 .shall think best. 
 
 Sec. 145. Every person of the age of twenty-one years, who 
 has property liable to assessment for school taxes 
 ifled voters."'" ™ ^^7 Bchool district, and has been a resident 
 therein three months precediog any district meet- 
 ing, shall be a qualified voter in said meeting; and all persons 
 
 taxes upon each fraction of the district must be assessed and 
 •collected by the officers of the township in which such fraction 
 is situated. The taxes once collected, they are all to be paid 
 ■over to the treasurer of the township in which the school-house 
 is situated. All the public moneys belonging to the fractional 
 district having thus come into the hands of the treasurer of 
 ihe township to which such district is counted as belonging, 
 the clerk of such township apportions the money to the district 
 as if the entire district had been moved bodily into the town- 
 ship. All the money due from the primary school fund to such 
 district, comes directly to the treasurer of the township in 
 ^hich the school-house stands. 
 
 (Section 145.) Any person twenty-one years of age, three 
 months a resident, and having property in his or her own right 
 liable to a school tax, of whatever nation, color, or sex, is a 
 qualified-^voter, and eligible to any district office. The other 
 olass, — voters at township elections, but having no properly 
 -liable to a school tax,--have the same rights, except that they 
 
PEIMABT SCHOOL LAW. 77 
 
 who are entitled by the laws of this State to vote at township 
 and county elections, and residing in said district, shall be 
 entitled to vote upon all questions arising in said district, when 
 the raising of money by tax is not in question, and all such 
 persons shall be eligible to office in such school district. 
 
 Sec. 146. In all cases where the board of school inspectors of 
 any township shall form a school district therein, y^^^ ^^^^^^^ 
 and where no election for school district officers inspectors 
 shall be held, and where any school district shall disw^?""'"' 
 neglect or refuse to elect, at the proper time, the 0^=0". 
 necessary school district officers, it shall be the duty of the 
 township board of school inspectors of the township in which 
 such district is situated, to appoint the officers of such district 
 from ajnong the male persons residing in such district, of the 
 age of twenty-one years, who are tax-payers therein; which 
 officers thus appointed shall severally file with the 
 director a written acceptance of the offices to which ^S'S' 
 they shall have been appointed, which shall be 
 recorded by the director. 
 
 cannot vote upon questions of taxation. They cannot vote upon 
 the raising of a tax, or upon any motion, the passage of which 
 directly involves a tax to carry it out, though the tax itself may 
 not be included in the motion. 
 
 (Section 14l6.) 1. This section applies to newly organized dis- 
 tricts in which no officers have been elected, and to districts in 
 which all the offices have become vacant, and to the cases in 
 which the district persistently neglects for a long time, or 
 refuses to elect. If a vacancy occur in any old district, it is 
 _first, the duty and right of the remaining two members to fill it 
 within ten days; seoond, if they do not fill it within ten days, 
 then it is the duty and right of the district to fill it at a special 
 meeting called for that purpose. If two vacancies occur at 
 once, then the single remaining officer cannot fill the vacancies, 
 but must, on request of voters, call the special meeting to elect. 
 But if the district in this latter case refuse or neglect, for an 
 unreasonably long time, to fill vacancies, the inspectors may 
 interfere and appoint the officers. 
 
78 PEIMAKY SCHOOL LAW^ 
 
 Sec. 147. Every such school district shall be deemed duly 
 wheD district Organized, when any two of the officers thus ap- 
 deemed to be pointed shall have filed their acceptance as afore- 
 organize . gaid; and suoh school district and its officers shall 
 be entitled to all the rights, privileges and immunities, and be 
 subject to all the duties and liabilities conferred upon school 
 districts by law. 
 
 GBADED AND HIGH SCHOOIiS. 
 
 Sec. 148. Any school district containing more than one hnn- 
 
 dred children between the ages of five and twenty 
 tricts'majr' years, may elect a district board consisting of six 
 trasteM?'*"' trustees: Provided, The district shall so determine 
 
 at an annual meeting, by a vote of two-thirds of 
 the legal voters attending such meeting: Provided, also, That 
 the intention to take such vote shall be expressed in the notice 
 of such annual meeting. When such a change in the district 
 
 board shall have been voted, the voters at such an- 
 ofTusfee?"' ^^*1 meeting shall proceed immediately to elect 
 
 from the qualified voters of the district, two trus- 
 tees for the term of one year, two for a term of two years, 
 and two for a term of three years; and annually thereafter, 
 two trustees shall be elected, whose terms of office shall be 
 three years, and until their successors shall have been elected 
 and filed their acceptances. 
 
 Sec. 149. Within ten days after their election, such trustees 
 Officers to be ^^*^ ^^® ^^^^ ^^^ director a written acceptance of 
 elected by the office to which they have been elected, and shall 
 annually elect from their own number a moderator, 
 a director, and assessor, and for cause may remove the same, 
 Mid may appoint others of their own number in their places, 
 
 [Section 148.) Care should be taken to insert the hotice of 
 intention to take the vote to organize as a graded school dis- 
 trict and to elect a board of trustees, in the regular notices of 
 the annual meeting, as without such notice the meeting will 
 have no power to organize under this section. It is not suffi- 
 cient to insert such notice of intention in the notice of an 
 adjourned annual meeting. If it was not in the original notice 
 for the annual meeting, nothing can be done till another annuEil 
 meeting. 
 
PRIMABY SCHOOL LAW. 79 
 
 who shall perform the duties prescribed by law for such 
 officers in the primary school districts in this State, except as 
 hereinafter provided. The trustees shall have power to fill 
 any vacancy that may occur in their number till the next 
 annual meeting. Whenever, in any case, the trus- j^^ ^g^tiiiii 
 tees shall fail, through disagreement or neglect, to casos, inspect- 
 elect the officers named in this section, within <"•« '""pp"'""- 
 twenty days next after the annual meeting, the school inspect- 
 ors of the township or city to which such district makes its 
 annual report, shall appoint the said officers from the number 
 of said trustees. 
 
 Sec. 150. Said trustees shall have power to classify and 
 grade the scholars in such district, and cause them ^matees may 
 to be taught in such schools or departments as they grade ibe 
 may deem expedient; to establish in said district a termine'quaii- 
 high school, when ordered by a vote of the district f "i^j'j,™^ "'"' 
 at any annual meeting, and to determine the quali- 
 fications for admission to such school, and the prices to be 
 
 (Section 150.) 1. The classification of the pupils into grades 
 need not be done by the trustees in person, but may be done 
 by the teachers, under their authority. They should determine 
 the qualifications and attainments necessary for admission to 
 each grade, and prescribe the studies and text books to be 
 pursued by each. 
 
 2. The right to make regulations includes the power to deter- 
 mine length of terms and vacations, the time of opening and 
 closing the daily sessions, and to make and enforce needful 
 rules to secure punctual and regular attendance, as well as all 
 other matters necessary to the prosperity of the school. 
 
 3. Sections 67 and 58 now give all district boards all the 
 powers granted in this section, except that of establishing a 
 high school. 
 
 4. Eesident pupils can be charged tuition in a high school, 
 " in any branches taught therein." But this will not bear the 
 construction, that the trustees may organize a department and 
 call it the " high school," to teach the common branches and 
 charge tuition therefor. It is held that the primary school 
 fund was designed only for primary schools, for the teaching 
 
80 PKIMAEY SCHOOL LAW. 
 
 paid for taition in any branches taught therein; to employ all 
 To employ teachers necessary for the several schools of said 
 teachers, pre- district; to prescribe courses of study and text 
 books, marae books for the uso of Said schools, and to make such 
 of study, etc. rujeg and regulations as they may think needful for 
 the government of the schools, and for the preservation of the 
 property of the district; and also to determine the rates for 
 tuition to be paid by non-resident pupils attending any school 
 in said district. 
 
 Sec. 151. The said trustees shall present at each annual 
 Annual stato- "meeting, a statement, in writing, of all receipts and 
 mentofre- expenditures on behalf of the district, for the 
 eipen(«"ures. preceding year, and of all funds then on hand, and 
 Estimate for an estimate of the amounts necessary to be raised 
 coming year. ^^ ^^^ district, in addition to the money to be 
 received from the primary school fund and other sources, for 
 the support of the schools in said district for the ensuing year, 
 
 and for the incidental expenses thereof; and the 
 Tote'tax."*^ said district may, at each annual meeting, vote such 
 
 sum to be raised by tax upon the taxable property 
 of the district as may be required to maintain the several 
 schools thereof, for the year: Frovided, It shall not be lawful 
 
 Proviso. *° ^°^® ^^ ^^^®® ^^"'^ **^' °^ appropriate such 
 
 money, or any portion thereof, when voted and 
 raised, for the support of any school or schools which are 
 connected with, or in any manner under the control or direction 
 of any particular church or religious society. 
 
 of ordinary English studies; and that when a district incurs 
 extra expense for teaching the higher branches and the lan- 
 guages, those receiving the instruction may be 'required to 
 pay tuition; but the amendments to the school law in 1869, 
 provide that all primary instruction shall be free. 
 
 (Section 151.) It is not necessary for the district to vote the 
 tax for support of the school. The meeting having voted the 
 kind and amount of school to be had, the district board may 
 make the estimate of the amount needed, and report to the 
 supervisor, under section 24, enacted at a later day than sec- 
 tion 151, and designed to apply to all the schools. The aboli- 
 tion of the rate-bill system leaves but little difference, practi- 
 cally, between the powers of districts organized under the 
 graded and high school law, and others. 
 
PEIMiKT SCHOOL LAW. 81 
 
 Sec. 152. Whenever two or more contiguous districts, having 
 together more than two hundred children between 
 the ages of five and twenty years, shaU severaUy, ?,^SuBd"S^ 
 by a vote of two-thirds of the qualified voters at- ^l^f^^'^ 
 tending the annual meetings in said districts, deter- 
 mine to unite for the purpose of establishing graded or high 
 schools, under the provisions of this act, the school 
 inspectors of the township or townships in which SVtafm*" 
 such districts may be situated, shall, on being ^"jt meoun 
 properly notified of such vote, proceed to unite 
 such districts, and shall appoint, as soon as practicable, a time 
 and place for a meeting of the new district, and shall require 
 notices of the same to be posted in each of the districts so 
 united, at least five days before the time of such meeting; and 
 at such meeting the district shall elect a board of trustees, as 
 provided in section one of this act, [Sec. 148 above,] and may 
 do whatever business may be done at any annual meeting. 
 
 SOHOOL-HOUSE SITBS — ADDITIONAL PEOVISIONS. 
 
 Sec. 153. The qualified voters in any school district, having 
 more than three hundred children between the ages y^j^^^ ^^^ 
 of five and twenty years residing in such district, designate site 
 shall have power, when lawfully assembled, to des- house, ty'two- 
 ignate by a vote of two-thirds of those present, any '■^"^ ^°"- 
 number of sites for school-houses, Lacluding a site for a union 
 school-house, and to change the same by a similar vote at any 
 regular meeting: Provided, That in case two-thirds p^^jjo 
 cannot agree upon a site for said school-house, 
 
 (Section 152.) Graded school districts are not restricted to 
 nine sections of laud. The districts united under this section 
 might each have embraced nine sections. The power of the 
 union district to establish several schools enables it to provide 
 for a larger territory than could find convenient access to a 
 single school. An entire township might be embraced in a 
 single district without disadvantage. As in section 148, this 
 vote can be taken only at an annual meeting, but no previous 
 notice is required. 
 
 (Section 153.) The term union school, in this section, was 
 probably used somewhat loosely, to designate the central high 
 school sometimes established under the graded school system^ 
 11 
 
82 
 
 PRIMAKY SCHOOL LAW. 
 
 ihafc a majority of the voters of said district shall have power 
 to instruct the district board to locate said site. 
 
 Sec. 154. (1). Whenever a site for a school-house shall be 
 Compensation • designated, determined or established, in any man- 
 for site; how ner provided by law, in any school district, and such 
 ascertamed. ^igtrict shall be Unable to agree with the owner or 
 owners of such site, upon the compensation to be paid there- 
 for, or in case such district shall, by reason of any imperfection 
 in the title to said site, arising either from break in the chain 
 of title, tax sale, mortgages, levies, or any other cause, be 
 unable to procure a perfect, unincumbered title, in fee simple, 
 to said site, the district board of such district shall authorize 
 one or more of its members to apply to the circuit judge, if 
 there be one in the county, or to a circuit court commissioner 
 of the county, or to any justice of the peace of the city or 
 township in which such school district shall be sit- 
 fo/jary^'"^ uated, for a jury, to ascertain and determine the 
 just compensation to be made for the real estate 
 required by such school district for such site, and the necessity 
 for using the same, which application shall be in writing, and 
 shall describe the real estate required by such district, as accu- 
 rately as is required in a conveyance of real estate. 
 
 (2.) Whenever any school district shall have designated, 
 selected or established, in any manner provided by law, a school- 
 house site, such selection, designation or establishment, shall 
 be prima fame evidence to said jury of the necessity to use the 
 site so established. 
 
 (3s) In case the said school-house site is encumbered bj 
 mortgage, levy, .tax sale or otherwise, as aforesaid, the mort- 
 gagee, or other parties claiming to be interested in said title, 
 shall severally be made a party to the procedure as aforesaid, 
 and shall be authorized, upon the filing of the certificate of 
 the jury in the circuit court of said county, to appear before 
 the circuit judge and make proof relative to their proportionate 
 claims to said site, or the compensation to be made therefor, as 
 determined by said jury. And the said, circuit judge shall, by 
 decree, settle their several claims in accordance with the rights 
 of the parties respectively, and may divide the sum awarded 
 by said jury between the claimants, as in his judgment will ba 
 
 P is to be taken, therefore, as exactly equivalent to the term 
 high school used in section 150. This section gives some of 
 the powers of a graded school district to any district having 
 three hundred children of legal school ages. 
 
PEIMABT SCHOOL LAW. 83 
 
 equitable and right, rendering against said district a separate 
 judgment for each of the amounts so awarded. 
 
 Sec. 155. It shall be the duty of such circuit judge, circuit 
 court commissioner, or justice of the peace, upon 
 such application being made to him, to issue a sum- summoa'd. 
 mons or venire, directed to the sheriff or any con- 
 stable of the county, commanding him to summon eighteen 
 freeholders residing in the vicinity of such site, who are in no 
 wise of kin to the owner of such real estate, and not interested 
 therein, to appear before such judge, commissioner or justice, 
 at the time and place therein named, not less than twenty, nor 
 more than thirty days from the time of issuing such summons 
 or venire, as a jury to ascertain and determine the just compen- 
 sation to be made for the real estate required by such school 
 district for such site, and the necessity for using the same, and 
 to notify the owner or occupant of such real estate, 
 if he can be found in the county, of the time when n^me'd!" ''^ 
 and the place where such jury is summoned to 
 appear, and the object for which said jury is summoned; which 
 notice shall be served at least ten days before the time specified 
 in such summons or venire for the jury to appear, as hereinbe- 
 fore mentioned. 
 
 Sec. 156. Thirty days' previous notice of the time when, and 
 the place where such jury will assemble, shall be Notice in «•«» 
 given by the district board of such district, where whore owner 
 the owner or owners of such real estate shall be 
 unknown, non-residents of the county, minors, insane, non 
 compos mentis, or inmates of any prison, by publishimg the 
 same in a newspaper published in the county where such real 
 estate is situated; or, if there be no newspaper published in 
 said county, then in some newspaper published in the nearest 
 county where a newspaper is published, once in each week, for 
 four successive weeks, which notice shall be signed by the dis- 
 trict board, or by the director or assessor of such district, and 
 shall describe the real estate required for such site, and state 
 the time when, and place where such jury will assemble, and 
 the object for which they will assemble, or such notice may bo 
 served on such owner personally, or by leaving a copy thereof 
 at his last place of residence. 
 
 . Sec. 157. It shall be the duty of such judge, commissioner 
 or justice, and of the persons summoned as jurors, 
 as hereinbefore provided, and of the sheriff or con- ^I'^nd^thr" 
 stable summoning them, to attend at the time and p^°5°oJ"'*' 
 place specified in such summons or venire; and the 
 officer who summoned the jury shall return such summons or 
 
84 PKIStiEY SCHOOL LAW. 
 
 venire to the officer who issued the same, with the names of the 
 persons summoned by him as jurors, and shall certify the 
 manner of notifying the owner (or owners) of such real estate, 
 if he was found, and if he could not be found in said county, 
 he shall certify that fact; either party may challenge, any of 
 the said jurors for the same causes as in civil actions. If 
 more than twelve of said jurors in attendance shall be found 
 qualified to serve as jurors, the officer in attendance, and who 
 issues the summons or venire for such jury, shall strike from 
 the list of jurors a number sufficient to reduce the number of 
 jurors in a^ttendance to twelve; and in case less than twelve of 
 the number so summoned as jurors shall attend, the sheriff or 
 constable shall summon a sufficient number of freeholders to 
 make up the number of twelve, and the officer issuing the sum- 
 mons or venire for such jury, may issue an attach- 
 may'S" e'to ment for any person summoned as a juror who shall 
 ence'toprocesa. ^^^ *° attend, and may enforce obedience to such 
 summons, venire or attachment, as courts of record, 
 or justices' courts are authorized to do in civil cases. 
 
 Sec. 158. The twelve persons selected as the jury shall be 
 duly sworn by the judge, commissioner, or justice in 
 sworn? *° attendance, faithfully and impartially to inquire, 
 ascertain and determine the just compensation to 
 be made for the real estate required by such school district for 
 such site, and the necessity for using the same in the manner 
 proposed by such school district, and the persons thus sworn 
 shall constitute the jury in such case. SubpcBuas for 
 witoessea.'" witnesscs may be issued, and their attendance com- 
 pelled by such circuit judge, commissioner or justice, 
 in the same manner as may be done by the circuit court or by 
 a justice's court in civil cases. The jury may visit 
 mSneoossHy *^^ examine the premises, and from such examina- 
 fortakiDgiand, tiou and such othcr evidence as may be presented 
 tSn thM^for* before them, shall ascertain and determine the ne- 
 cessity for using such real estate in the manner and 
 for the purpose proposed by such school district, and the just 
 compensation to be made therefor; and if such jury shall find 
 that it is necessary that such real estate shall be used in the 
 manner, or for the purpose proposed by such school district, 
 they shall sign a certificate in writing, stating that it is neces- 
 sary that said real estate (describing it) should be used as a 
 site for a school-house for such district; also, stating the sum 
 to be paid by such school district as the just compensation for 
 the same. The said circuit judge, circuit court com- 
 cMtfflcat?."''' missioner, or justice of the peace, ^hall sign and 
 attach to, and endorse upon the certificate thus sub- 
 
PRIMAEY SCHOOL LAW. 85 
 
 scribed by the said jurors, a certificate stating the time when, 
 and the place where the said jury assembled; that they were 
 by him duly sworn as herein required, and that they subscribed 
 the said certificate; he shall also state in such certificate who 
 appeared for the respective parties on such hearing and inquiry, 
 and shall deliver such certificate to the director, or to any 
 member of the district board of such school district. 
 
 Sec. 159. Upon filing such certificate in the circuit court of 
 the county where such real estate is situated, such 
 court shall, if it finds all the proceedings regular, coufSfon' 
 render judgment for the sum specified in the certifi- *''^''^°'- 
 cate signed by such jury, against such school district, which 
 judgment shall be collected and paid in the manner as other 
 judgments against school districts are collected and paid. 
 
 Sec. 160. In case the owner of such real estate shall be un- 
 known, insane, non compos mentis, or an infant, or _, 
 cannot be found within such county, it shaU be law- unknown, etc., 
 ful for the said school district to deposit the amount deiMsItedwIth 
 of such judgment with the county treasurer of such ""ufty treaa- 
 county, for the use of the person or persons entitled 
 thereto; and it shall be the duty of such county treasurer to 
 receive such money, and at the time of receiving it, to give a 
 receipt or certificate to the person depositing the same with 
 him, stating the time when such deposit was made, and for 
 what purpose; and such county treasurer and his sureties shall 
 be liable on his bond, for any money which shall come into his 
 hands under the provisions of this act, in case he shall refuse 
 to pay or account for the same as herein required: Provided, 
 That no such money shall be drawn from such ^^^ ^^ 
 county treasurer, except upon an order of the circuit drawn from 
 court, circuit court commissioner, or judge of pro- Sliror. 
 bate, as hereinafter provided. 
 
 Sec. 161. Upon satisfactory evidence being presented to the 
 circuit court of the county where such real estate ^^ payment 
 lies, that such judgment, or the sum ascertained court may d'e- 
 and determined by the jury as the just compensa- ted7n sohoor 
 tion to be paid by such district for such site, has "'sTio'' 
 been paid, or that the amount thereof has been deposited 
 according to the provisions of the preceding section, such court 
 shall, by an order or decree, adjudge and determine, that the 
 title in iee of such real estate shall, from the time of making 
 such payment or deposit, forever thereafter be vested in such 
 school district and assigns; a copy of which decree, certified 
 by the clerk of said county, shall be recorded in the office of 
 the register of deeds of such county, and the title of such real 
 
86 PKIMABT SCHOOL LAW. 
 
 estate shall thenceforth, from the time of making such pay- 
 ment or deposit, be vested forever thereafter in such school 
 district and its assigns in fee. 
 
 Sec. 162. Such school district may, at any time after making 
 „, ^. . . , the payment or deposit hereinbefore required, enter 
 
 When diitnct *^''-,.i ^ • . r, t l 1 t 
 
 to uke pos- upon, and take possession of such real estate, for 
 sMsion. ^j^g ^gg jjf g^j^ district. 
 
 Sec. 163. In case the jury hereinbefore provided for shaJl not 
 proceedinn 8,gf 66, another jury may be summoned in the same 
 when jury manner, and the same proceedings may be had, 
 cannot agr«9. gj^^jgy^ ^.j^j^j jjq further notice of the proceedings 
 shall be necessary; but instead of such notice, the judge, com- 
 missioner, or justice may adjourn the proceedings to such time 
 as he shall think reasonable, not exceeding thirty days, and 
 shall make the process to summon a jury, returnable at such time 
 and place as the said proceedings shall be adjourned to; such 
 proceedings may be adjourned from time to time by the said 
 judge, or commissioner, or justice, on the application of either 
 party, and for good cause, to be shown by the party applying 
 for such adjournment, unless the other party shall consent to 
 such adjournment; but such adjournments shall not, in all, 
 exceed three months. 
 
 Sec. 164. The district board of any school district shall have 
 power to fix the amount of tuition to be paid by 
 may flramount non-residcut scholars attending any of the schools 
 oerta'ii°caMs ^^ ^^^^ district; and in cases where there shall be a 
 union school in any such district, to be paid by 
 scholars attending such union school, and to make and enforce 
 suitable by-laws and regulations for the government and man- 
 agement of such union school, and for the preservation of the 
 property of such district. Such district board shall also have 
 power to regulate and classify the studies, and prescribe the 
 books to be used in such school. 
 
 (Section 164.) This section was enacted before the law for 
 graded schools. It has been rendered useless by subsequent 
 enactments; the powers it confers, being secured to primary 
 districts by the amendments to sections 57 and 58, and to 
 graded school districts by section 150. Sections 167, 168, 169, 
 ought properly to precede section 164. 
 
PBIMAET SCHOOL LAW. 8? 
 
 Sec. 165. No alteration shall be made in the boundaries of 
 any school district having a union school, without ^^ ' 
 the written consent of a majority of the district ariMof'dis- 
 
 board of such district. triot altered. 
 
 Sec. 166. Any school district having the requisite number of 
 «hildren between the ages of five and twenty years „ ,. , 
 
 .J. . , -,. .°. . , „ , "^ •' , How districts 
 
 resiomg m such district, shall have power and m»y borrow 
 authority to borrow money to pay for a site or sites """"''■ 
 for school-houses, to erect buildings thereon, and to furnish the 
 same, by a vote of two-thirds of the qualified voters of said 
 district, voting at any annual meeting, or special meeting duly 
 called for that purpose: Provided, That the times of holding 
 said meetings shall not be less than five days, nor more than 
 six months apart, and that such school district shall have at 
 least one hundred children between the ages aforesaid residing 
 therein, and that in case the number of children between the 
 ages aforesaid does not exceed two hundred, the entire amount 
 of such indebtedness for money borrowed shall not exceed ten 
 thousand dollars; and in case they do not exceed three hun- 
 dred, such indebtedness shall not exceed twenty thousand 
 dollars; and in case they do not exceed four hundred, such 
 indbbtedness shall not exceed thirty thousand dollars; and that 
 
 (Section 165.) The term "union school " used in this and the 
 preceding and succeeding sections, is indefinite, there being no 
 legal definition of the term. In popular language it is now 
 used to designate a school of several departments or grades— 
 a graded school; though sometimes it is applied to the public' 
 high school. It must be taken in this section to mean a graded 
 school, as established by law, and the section will then apply 
 only to the school districts organized with boards of trustees. 
 
 (Section 166.) In a positive form this section provides as 
 follows: 
 
 Diatricta with 50 children, may borrow ---$ 3,000 
 
 100 " " — 10,000 
 
 300 " " - - S0,O0Q 
 
 300 " " - 30,000 
 
 400 " •• - 50,000' 
 
 Districts cannot pay over ten per cent, per annum upon these 
 loans. (Section 170.) 
 
 Can a District lend its Funds ? — This is a question sometimes" 
 
as PEIMART BOHOOL LiW. 
 
 HO school idistrict shall bave an indebtedness to exceed fifty 
 thousand dollars for money thus borrowed: Provided further, 
 That any school district having over fifty and under one hun- 
 dred children between the ages aforesaid, may borrow or loan 
 not exceeding three thousand dollars. 
 
 Sec. 167. The circuit judge, judge of probate, or circuit court 
 commissioner of any county where any money has 
 dmrn'from been deposited with the county treasurer of such 
 Srer'^*'^"*^ couuty, as hereinbefore provided, shall, upon the 
 written application of any person or persons entitled 
 to such money, and upon receiving satisfactory evidence of the 
 right of such applicant to the money thus deposited, make an 
 order, directing the county treasurer to pay the money thus 
 deposited with him to said applicant; and it shall be the duty 
 of such county treasurer, on the presentation of such order, 
 with the receipt of the person named therein endorsed on said 
 orderj and duly acknowledged, in the same manner as convey- 
 ances of real estate are required to be acknowledged, to pay 
 the same; and such order, with the receipt of the applicant or 
 person in whose favor the same shall be drawn, shall, in all 
 courts and places, be presumptive evidence in favor of such 
 county treasurer, to exonerate him from all liability to any 
 l^erson or persons for said money thus paid him. 
 
 Sec. 168. Circuit judges, circuit court commissioners, and 
 compenaation j^^stices of the peace, for any services rendered 
 of officers undef the provisions of this act, shall be entitled to 
 and jurors. ^j^^ same fees and compensation as for similar ser- 
 vices in other special proceedings; jurors, constables and sheriffs, 
 shall be entitled to the same fees as for like services in civil 
 cases in the circuit court. 
 
 Sec. 169. In case any circuit judge, circuit court commis- 
 whenudge siouer, or justice of the peace, who shall issue a 
 unable to summous or vcnire for a jury, shall be unable to 
 may'fl'nfsh'"^" attend to any of the subsequent proceedings in such 
 proceedings, casc, any other circuit court commissioner, or jus- 
 tice of the peace, may attend and finish said proceedings. 
 
 asked. There is no law relative to the question; but the law is 
 such that it is to be presumed districts will sometimes have 
 funds on hand, as for building purposes, which will not be used 
 for some time. In such cases it seems unreasonable to conclude 
 that the money must lie idle; and it is believed that it may be 
 loaned, under such safeguards ^s the district shall direct. 
 
FBIUABT SCHOOL LAW. 89 
 
 Sec. 170. Whenever any school district shall have voted to 
 borrow any sum of money, the district board of gonjs issued 
 such district is hereby authorized to issue the bonds for money 
 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 sach district board 
 shall direct, and vrith such rate of interest, not 
 exceeding ten per centum per annum, and payable Jjlreon'. 
 at such time or times as the said district shall have 
 directed. 
 
 Sec. 171. Whenever any money shall have been borrowed by 
 any school district, the taxable inhabitants of such pj^tri^t may 
 district are hereby authorized, at any regular meet- raise tax to 
 ing 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. 
 
 SUEPLTIS SCHOOL MONEYS. 
 
 Sec. 172. The qualified voters in any school district, having 
 a surplus of money, arising from the two-mill tax, g^^^^^^ 
 and unexpended, when assemblfed at any annual or money; how 
 special school meeting, called in accordance with ^''° 
 existing provisions of law therefor, shall have power to appro- 
 priate and use any such surplus money for any of the following 
 purposes, to wit: 
 
 First. For purchasing or enlarging school lot or lots; 
 
 Second. For building or repairing school-houses; 
 
 Third. For purchasing books for district library, maps and 
 other school apparatus, or any incidental expenses of the school : 
 Provided however, That a school be maintained in each of said 
 school districts at least eight months in each year: And pro- 
 vided further. That no money arising from the primary school 
 fund shall be appropriated to any other purposes than that of 
 paying teachers in any such school district. 
 
 (Section 172.) 1. No surplus moneys can be diverted under 
 this section tiU after the school has been maintained eight 
 months within the school year. 
 
 2. The order of the purposes as named, to which the surplus 
 is to be appropriated, is not essential. The voters may appro- 
 priate to either of the purposes named. 
 12 
 
90 FRIUABT SCHOOL JAM. 
 
 APPEAL PEOM INSPEOTOKS TO TOTVKSHIP BOAItD. 
 
 See. 173. Whenever any five or more tax-paying electors, 
 having taxable property within any school district, shall feel 
 themselves aggrieved by any action, order, or decision of the 
 board of school inspectors, with reference to the formation, or 
 any division or consolidation of said school district, they may, 
 at any time vrithin sixty days from the time of snch action on 
 the part of said school inspectors, appeal from such action, 
 order, or decision of said board of school inspectors to the 
 township board, or boards of the townships in which such 
 school district is situated; and in case of fractional school dis- 
 tricts, such appeal shall be made to the several township boards 
 of the several townships in which the different parts of said 
 fractional school district are situated, who shall have power, 
 and whose duty it shall be to entertain such appeal, and review, 
 confirm, set aside, or amend the action, order, ' or decision of 
 the board of school inspectors thus appealed from, or, if in 
 their opinion the appeal is frivolous, or without sufficient cause, 
 they may summarily dismiss the same. 
 
 Sec. 174. Said appellants shall, before taking such appeal, 
 make out and file with the board of school inspectors, or, in 
 case of fractional school districts, to the joint boards of school 
 inspectors, a written statement to be signed by said appellants,, 
 setting forth in general terms the action, order, or decision of 
 the board or boards of school inspectors with respect to which 
 the appellants feel themselves aggrieved, and their demand for 
 an appeal therefrom to the township board or boards of said 
 township; and shall also cause to be executed and signed by 
 one of their number, and by two good and sufficient sureties, 
 to be approved by the clerk of said board or boards of school 
 inspectors, or by any justice of the peace of the township, and 
 filed with the clerk of said board or boards of school inspectors,, 
 a bond, to the people of the State of Michigan, in the penal 
 sum of two hundred dollars, conditioned for the due prosecu- 
 tion of said appeal, before said township board or boards, and 
 
PBIMARY SCHOOL LAW. 91 
 
 also, in case of the dismissal of said appeal as frivolous by said 
 township board, for the payment by said appellants of all costs 
 occasioned to the township, by reason of said appeal. 
 
 Sec. 175. Upon the the filing of such appeal papers and bond 
 with the said board or boards of school inspectors, the said 
 board or boards of school inspectors shall, within ten days 
 thereafter, make out and file with the clerk of said township, a 
 fall and complete transcript of all their proceedings, actions, 
 orders or decisions, with reference to which the appeal is taken, 
 and of their records of the same; also, said bond and appeal 
 papers, and all petitions and remonstrances, if any, with ref- 
 erence to the matters appealed from; and upon the filing of the 
 same with the township clerk, the said township board or 
 boards shall be deemed to be in possession of the case, and if 
 the return be deemed by them insufficient, may order a further 
 and more complete return by said board or boards of school 
 inspectors, and when such return shall by them be deemed 
 sufficient, they shall proceed with the consideration of the 
 appeal, at such time or times, within ten days after such return, 
 and in such manner and under such affirmation, amendment 
 or reversal of the action, order, or decision of the board or 
 boards of school inspectors appealed from, as in their judgment 
 shall seem to be just and right, or if they may deem the appeal 
 to be frivolous, they may summarily dismiss the same; but the 
 decision of said board or boards of school inspectors shall not 
 be altered or reversed unless a majority of such township. 
 board, not members of said board or boards of school inspec- 
 tors, shall so determine. 
 
 (Sections 173, 174, 175.) These sections, under the title, "An. 
 act to provide for an appeal from the board of school inspec- 
 tors of any school district [there is no such board known to 
 the law,] to the township board," were passed by the Legisla- 
 ture, and approved April 5, 1869. Time will test the wisdom 
 of their provisions. 
 
'92 PRIMAKY SCHOOL LiW. 
 
 AN ACT 
 
 TO PEOVIDE FOE COUHTT SUPEBINTENDKNTS OF SCHOOLS. 
 
 Section 1. There shall be a County Superintendent of com- 
 imon schools in each organized county of this State, except as 
 hereinafter provided, whose term of service shall be two years. 
 
 Sec. 2. The first election of the County Superintendent shall 
 'be held on the first Monday of April, 1867, and every two years 
 'thereafter. The election provided for by this act shall be con- 
 ■ducted, as near as may be, in the same manner and by the 
 same officers, and the inspectors of election shall make the 
 same canvass, statement and returns, as is provided by law fo- 
 the election of a Judge of the Supreme Court, and said Super- 
 intendent shall be voted for on the same ballot as the judge 
 ■aforesaid, and the board of county canvassers shall determine 
 and declare the person thus elected to the office of County 
 •Superintendent. 
 
 Sec. 3. A certificate of election shall be immediately issued 
 'by the county board of canvassers to the person so elected to 
 the office of County Superintendent, who shall, within twenty 
 •days thereafter, take and subscribe the oath of office prescribed 
 by the Constitution of this State, and deposit the same with 
 the county clerk, to be filed and preserved in his office, when it 
 shall be the duty of the county clerk to report the name and 
 ^ost-office address of the County Superintendent to the Super- 
 intendent of Public Instruction; and the County Superinten- 
 dent thus elected shall enter upon the duties of his office on 
 the first day of May fdllowing, and shall hold his office at the 
 county seat, or at some other place to be designated by the 
 iboard of supervisors. 
 
COtTNTY SUPERINTENDENTS. 931 
 
 Sec. 4. The supervisors, or a majority of them, present at. 
 their first regular meeting, shall determine the compensation to 
 be paid to the County Superintendent, but such compensation, 
 shall not be less than three dollars, nor more than five dollars 
 for each day actually employed in the duties of his office, for 
 such number of days as the supervisors may determine: Pro- 
 vided, That the number of days shall not be less than the- 
 number of school districts in said county, and one day for eachi 
 township thereof, for the examination of teachers. The com- 
 pensation of the County Superintendent shaU be paid quarter- 
 yearly from the county treasury; but before he shall be entitled 
 to receive such compensation, he shall file in the office of the^ 
 county clerk a sworn statement of his account. 
 
 Sec. 5. The County Superintendent shall examine all persons- 
 offering themselves as teachers for the public schools, and shall 
 attend in each township in his county, at least once in each 
 year for that purpose, and twenty days before the time for such 
 examinations, he shall notify the township clerk of the time 
 and place thereof, and said clerk shall immediately cause written 
 or printed notices of the same to be posted in three or more 
 public places in the township. He may also hold examinationa 
 at such other times and places as he may appoint; but all exam- 
 inations shall be public. 
 
 Sec. 6. He shall grant certificates, in such form as shall be 
 prescribed by the Superintendent of Public Instruction, licens- 
 ing as teachers all persons whom, on thorough and full exami- 
 nation, he shall deem qualified in respect to good moral 
 character, learning, and ability to instruct and govern a school ^ 
 but no certificate shall be granted to any person who shall not 
 pass a satisfactory examination in orthography, reading, writing,, 
 grammar, geography, and arithmetic. No person shall be. 
 accounted a qualified teacher, within the meaning of the primary 
 school law, nor shall any school officer employ or contract with 
 any person to teach in any of the public schools of this State, 
 who has not such a certificate in force, or the certificate pro- 
 
■94 
 
 PEIMAEX SCHOOL L4.W. 
 
 vided by law to be given to. the graduates of the State Normal 
 ■School, or the certificate of the Superintendent of Public 
 Instruction: Provided, That the certificates heretofore granted 
 by the school inspectors shall be valid for the term for which 
 they were given, unless sooner revoked by the County Superin- 
 tendent, on examination: Provided also. That the school inspec- 
 tors may examine teachers and grant certificates, until a County 
 Superintendent is elected and qualified, and whenever there 
 shall be a vacancy in that ofSce; but no certificate hereafter 
 granted by the school inspectors shall be valid beyond three 
 months after the next subsequent election of a County Super- 
 intendent. 
 
 Sec. 7. There shall be three grades of certificates for teachers, 
 to be granted by the County Superintendent in his discretion, 
 as follows, viz: 
 
 1. The certificate of the first grade shall be granted to no 
 person who has not taught at least one year in this State, with 
 approved ability and success, and it shall be valid throughout 
 the county, in and for which it was granted, for two years. 
 
 2. The certificate for the second grade may be granted to 
 any person of approved learning, qualification and character, 
 and shall be valid throughout the county for one year. 
 
 3. The certificate of the third grade shall license the holder 
 thereof to teach in some one specified township, and shall not 
 continue in force for more than six months. The County Super- 
 intendent may revoke any teacher's certificate for any reason 
 which would have justified the withholding thereof when the 
 same was given, or for gross negligence of duty, or for incom- 
 petency or immorality, which reason shall not be spread upon 
 the records of said Superintendent, unless requested by tha 
 teacher; but no certificate shall be revoked without a reexami- 
 nation, unless the holder of such certificate shall, after reasonable 
 notice, neglect or refuse to appear before the Superintendent 
 for such reiixamination. The Superintendent shall keep a 
 record of all the certificates granted or annulled by him, with 
 the date, grade and duration of each, and shall deliver such 
 
COITNTY SUPEBINTEKDENTS. 95 
 
 record, with all other books and papers belonging to his office, 
 to his successor. 
 
 SbCk 8. The Superintendent of Pubjic Instruction, on such 
 evidence as may be satisfactory to him, may grant certificates 
 licensing the holders thereof as teachers, duly qualified to teach 
 in any of the primary or graded schools in this State, which 
 certificate shall be valid until duly revoked by the Super- 
 intendent. 
 
 Sec. 9. It shall be the duty of the County Superintendent: 
 
 1. To visit each of the schools in his county at least once in 
 each year, to examine carefully into the discipline and the modes 
 of instruction, and into the progress and proficiency of the 
 pupils, and to make a record of the same, and to counsel with 
 teachers and district boards as to the course of studies to be 
 pursued, and for the improvement of the instruction and disci- 
 pline of the schools. 
 
 2. To note the condition of the school-house and appurten- 
 ances thereto, and to suggest plans for new school-houses to be 
 erected, and for warming and ventilating the same, and the 
 general improvement of school-houses and grounds. 
 
 3. To inquire into the condition of district and township 
 libraries, and to counsel, if necessary, for the better manage- 
 ment of the same; and to see that the money collected from 
 fines is devoted to the increase of said libraries. 
 
 4. To promote, by public lectures and teachers' institutes, 
 and by such other means as he may detise, the improvement of 
 
 (Section 7.) This cannot be construed to give the Superin- 
 tendent power to revoke a certificate given by the Board of 
 Instruction of the Normal School. Cases of discipline with 
 teachers holding a Normal School certificate, must be referred 
 to the Normal School board. 
 
 (Section 8.) The Superintendent of Public Instruction grants 
 certificates only to teachers of experience and established rep- 
 utation. 
 
96 PBIMA.BT SCHOOL LAW. 
 
 the schools in his county, and the elevation of the character 
 and qualifications of the teachers thereof. 
 
 5. To consult with the teachers and school boards to secure 
 the more general and regular attendance of the children in his 
 county upon the public schools. 
 
 Sec. 10. It shall be the duty of the Oonuty Superintendent 
 to receive all such blanks and communications as may be 
 directed to him by the Superintendent of Public Instruction, 
 and to dispose of the same in the manner directed by the said 
 Superintendent. 
 
 Sec. 11. The annual reports of the township inspectors, pro- 
 vided by section 79, [of the school laws,] of chapter 78, of the 
 compiled laws, shall hereafter be made to the County Superin- 
 tendent, and he shall, immediately after receiving such reports, 
 file copies of the same in the ofSce of the county clerk and 
 transmit duplicates thereof, together with such other informa- 
 tion as may be required of him, to the Superintendent of Pub- 
 lic Instruction. He shall examine into the correctness of the 
 inspectors' reports, and may, when necessary, require the same 
 to be amended, and shall indorse his approval on such as he 
 shall find correct. In case of a vacancy in the office of County 
 Superintendent, the reports of the school inspectors shall be 
 received and transmitted as aforesaid by the county clerk. 
 
 Sec. 12. The County Superintendents shall be subject to such 
 rules and instructions as the Superintendent of Public Instruc- 
 tion may, from time to time, prescribe; and they shaU. make 
 reports annually to the Superintendent of Public Instruction, 
 at such times as he may direct, of the official labor performed, 
 and of the general condition and management of the schools 
 under their charge, and such other information as may be 
 required of them by the said Superintendent. 
 
 Sec. 13. No County Superintendent shall act as agent for any 
 author, publisher, or book-seller, or shall, directly or indirectly, 
 receive any gift, emolument or reward for his influence in 
 recommending the purchase or use of any library or school- 
 book, or school apparatus, or furniture of any kind whatever; 
 
PKIMABT SCHOOL LAW. 97 
 
 any act herein prohibited, shall be deemed a violation of his 
 oath of office, and any employment of such Saperintendent by 
 any author, publisher, or book-seller, for that purpose, shall be 
 deemed a misdemeanor. 
 
 See. 14. Whenever by death, resignation, or removal, or 
 otherwise, the office of County Superintendent shall become 
 vacant, the State Superintendent shall have power to fill such 
 vacancy. 
 
 Sec. 15. All schools which, by special enactment, may have a 
 board authorized to inspect and grant certificates to the teachers 
 employed by the same, shall be exempt from the provisions of 
 this act, except as is provided in sections eight and eleven. 
 
 Sec. 16. Section ninety-one, [of the school laws,] of chapter 
 seventy-eight, of compiled laws, shall be amended so as to read 
 as follows: 
 
 Sec. 91. The whole number of meetings of the township 
 board of inspectors, during any one year, at the expense of the 
 township, shall not exceed four; and the township clerk shall 
 give at least ten days' public notice of any meeting of the 
 board, by posting such notice in three public places in the 
 township. 
 
 Sec. 17. Sections seventy-four, eighty-five, eighty-six, eighty- 
 seven, eighty-eight, eighty-nine, and ninety, [of the school 
 laws,] of chapter seventy-eight, of the compiled laws, and all 
 other acts or parts of acts inconsistent with this act, are hereby 
 repealed. 
 
 Sec. 18. This act shall not take effect in any county, unless 
 there be at least ten school districts in such county. 
 
 13 
 
98 TAX UPON DOGS. 
 
 AN ACT 
 
 TO PEOVIDE FOE A TAX UPON DOGS. 
 
 Section 1. The People of the State of Michigan enact,. That 
 in all the townships and wards of the cities of this State, there 
 shall be annually levied and collected the following tax upon 
 dogs: Upon every male dog over two months old, owned or 
 kept by any one person or family, one dollar; upon every female 
 dog owned or kept by any one person or family, three dollars. 
 
 Sec. 2. The assisssor of every township or ward, at the time 
 of making his annual assessment, shall inquire and ascertain 
 the number of dogs liable to be taxed, and shall enter in Usts, 
 to be made by him, the name of every person in his respective 
 township or ward owning or keeping any dog subject to the 
 above tax, the number kept by such person, and the amount of 
 tax to be paid by him. 
 
 Sec. 3. The assessor of every township and ward shall, on or 
 before the fifteenth day of May, in each year, make out a dnpli- 
 eate of the lists made by him, as provided in the preceding 
 section, and file the same with the tovmship or city clerk of 
 fheir respective townships or cities; said taxes, as provided for 
 in the preceding sections of this act, shall be assessed to, and 
 collected from such persons as shall be liable for the same, in 
 the same manner as other township and city taxes are assessed 
 and collected. 
 
 Sec. 4. The collector to whom such tax roll shall be delivered, 
 shall proceed and collect the sums of money therein specified, 
 in the same manner and with like authority in all respects, as 
 in the collection of taxes imposed by the board of supervisors 
 
PBIMAKY SCHOOL LAW. 99 
 
 of the county, and shall, after deducting the commiesion allowed 
 by this act, retain the remainder in the township or city treas- 
 ury, subject to the order of the district officers of the several 
 primary school districts of his respective township or city, and 
 the same remedies to compel such collection and the payment 
 over of the money may be had against such collectors and 
 their sureties, as in the case of a tax levied by the board of 
 supervisors. 
 
 Sec. 5. The collectors shall be allowed to retain a commission 
 • of four per cent, upon all sums of money collected by them 
 under the provisions of this act, and shall make and deliver a 
 correct statement and account for the amount of money so 
 ■collected, to the township board of their respective townships, 
 and to the city treasurer of cities, at the time of making their 
 annual settlement with said boards and treasurers. 
 
 Sec. 6. If any person assessed for any such dog shall refuse 
 or neglect to pay the tax so assessed for ten days after the 
 demand thereof, it shall be lawful for any person to kill the 
 dog so taxed. 
 
 Sec. 7. The moneys so collected shEill be apportioned among 
 the several primary school districts of the respective townships 
 or cities, at the same time, and in the same manner, and 
 for the same purposes as other primary school funds are 
 distributed. 
 
 (Section 7.) It is believed that this section (which is not very 
 definite, from the fact that all school funds are not apportioned 
 in the same manner) must be construed to mean that the 
 money raised in each township shall be apportioned upon the 
 scholar to all the districts and parts of districts in the town- 
 ship. That was undoubtedly the design of the law. The 
 amount of money raised under this law is considerable. The 
 taact amount is unknown — only a portion of the districts 
 reporting it by itself. In 1868, reports from 2,175 districts, 
 gave $24,229. If other districts averaged as much as these, 
 the amount in the State was $54,088. 
 
100 TAX UPON DOGS. 
 
 Sec. 8. Any township or city officer who shall willfully neg- 
 lect or refuse to perform any of the duties imposed upon him 
 by this act shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof, shall be punished by a fine of not less than 
 twenty-five dollars, nor more than one hundred dollars for each 
 offense. 
 
 Sec. 9. Every person in possession of any dog, or who shall 
 Buffer any dog to remain about his house for the space of twenfy 
 days previous to the assessment of a tax, or previous to any 
 injury, chasing or worrying of sheep, shall be deemed the owner 
 of said dog, for all purposes of this act: Provided, That this 
 act shall not apply to the Upper Peninsula, nor to any county 
 where sheep are not kept. 
 
 (Section 8.) The interest that the public has in the avails of 
 this tax, and the severe penalty for failing to assess it, ought to 
 insure a faithful execution of the law. 
 
PEIMAKT SCHOOL LATT. 101 
 
 SCHOOL DISTRICT LIBRARIES. 
 
 [Act Approved February 15, 1869.] 
 
 Sec. 1. At the aiintial town meetings to be held in April next, 
 the legal voters voting in the respective townships p- , . , ,. 
 of the State, shall determine, by ballot, for the con- braries: how 
 tinuance of the township library, or for the estab- «='^»'"«i'««- 
 lishment of district hbraries in the place thereof. A separate 
 box shall be kept for their votes, and the ballots shall have 
 written or printed thereon, "township Hbrary," or "district 
 libraries." If a majority of the ballots so cast in any township, 
 shall have " township library " thereon, the library shall remain 
 as before; but if a majority of the ballots shall have " district 
 hbraries " thereon, then the township inspectors, at j^^^ 
 their next meeting thereafter, shall proceed to townEhip 
 divide the township library equitably among the "'^i'"'"^- 
 districts and parts of districts in such township, in proportion 
 to the number of children of legal school ages therein, and 
 shall deliver the same to the district boards of the districts to 
 which they may be apportioned. Said books shall thereafter 
 belong to the respective districts, and shall constitute district 
 libraries for the use of the residents of such districts. 
 
 (Section 1.) 1. The books apportioned to a fractional district 
 are to be kept as a district library for that district. They can- 
 not be put into the township library of any other township in 
 which such fractional district may be partly situated, but must 
 be retained as a district library /or the use of the district. 
 
 2. The authority to vote a division of the township library 
 under this section, was confined to the year of its enactment. 
 The power to divide township into district libraries belongs, 
 under a later amendment of section 114, to the board of inspec- 
 tors, whenever requested by the majority of the districts. There 
 is no law for changing the district libraries back to township. 
 
102 SCHOOL DISTBICT LIBRAEIES. 
 
 Sec. 2. The district board shall be held accountable for the 
 proper care and preservation of the district library, 
 fo'^hive man* and shall have power to provide for the safe keeping 
 agamentof of ^j^q game; to prescribe the time for taking and 
 ' '^'''^' returning books, and to assess and collect all fines 
 
 and penalties for the loss or injury of said books. The district 
 board shall appoint a librarian, and determine the place where 
 the library shall be kept, but in all cases in which the library 
 may be properly secured at the district school-house, it shall 
 be kept at such school-house. 
 
 Sec. 3. The library moneys belonging to any township so 
 whoro ke t determining in favor of district libraries, or which 
 Library moil- may hereafter belong to such township, shall be 
 posed of. *'^' apportioned among the several districts thereof, in 
 the same manner as the primary school moneys are 
 apportioned, and shall be expended by the district boards in 
 purchasing books for the district libraries. 
 
 (Section 2.) 1. The district board may appoint a librarian, 
 and remove him at pleasure. 
 
 2. The board are authorized by the law to provide a suitable 
 case, without waiting for a vote of the district. The case should 
 be commodious in size, and strong. It should be also provided 
 with a good lock and key. 
 
 3. Whenever the district board may deem it safe to keep the 
 library at the school-house, it must be deposited there. Perhaps 
 in most instances, if a suitably strong case is provided, it will 
 be found safe to keep the library at the school-house during 
 the school-terms. It will frequently be found desirable to ap- 
 point the teacher librarian, and especially if the library is kept 
 at the school-house. 
 
 4 Before delivering the books to the librarian, two lists of 
 such books should be made, one to be kept by the district 
 board, and the other to be furnished to the librarian, and notes 
 should be made of the condition of each book. The librarian's 
 receipt should be attached to the list retained by the board. 
 
 5. The district board should also make some written rules 
 for the drawing and returning of the books, with penalties for 
 their injury or loss, and should appoint the time (say Friday 
 afternoon of each week) when the library shall be open. 
 
PEIMABT SCHOOL LiW. I03r 
 
 Sec. 4. It shall be the duty of the State Board of Educatioa; 
 to make a list of books which are unsectarian in Et^t^^o^^, 
 character, and suitable for district or township to select list 
 libraries, which list they may from time to time °""'*^- 
 revise and amend; to advertise for proposals for furnishing th&' 
 same, and to contract with the lowest responsible bidder to 
 furnish such books to the districts or townships ordering them, 
 in suitable binding and at stipulated prices; said contract to be 
 made biennially, and the advertisements for propo- 
 sals to be made in at least two papers of the largest f„''r\°ooS°' 
 circulation in the State, for one month before mal^ng 
 the contract. Previous to the first day of January r ■ , t b 
 in each year, the Superintendent of Public Instruc- todian-ictsund 
 tion shaU send to the director of each district hav- """^"'p^- 
 ing a district library, and the clerk of each township having a 
 township library, a list of the books contracted for, vrith the 
 prices of the same, from which list the district board, or town- 
 ship board of inspectors shall, unless a different order shall 
 have been made by the voters of the district or g^^^^^ ^^ 
 township, annually or oftener, select and purchase must purchase 
 books for the district or township libraries, to the '"" ''^' 
 full amount of library moneys in their hands. 
 
 Sec. 5. It shall be lawful for any persons or board entrusted 
 by law with the control of town or other public „„„„ , 
 
 T , . m * 1 1 HI Persons may 
 
 libraries, to lease a suitable room or rooms for the lease reoms or 
 accommodation thereof, or to contract with any sare"eepi°g 
 incorporated polytechnic or literary or scientific °' libraries. 
 association for the safe keeping of any such library, in the roomS' 
 or buildings of any such association, for such period as may be 
 agreed upon: Provided, Such library shall continue under the- 
 control of the persons or board entrusted with the same by law: 
 And provided also. That no such association shall thereby obtain' 
 any interest in the ownership of such library, or in the funds 
 
 (^Section 4.) The purpose of this section is two-fold: 1st. To 
 give the districts the benefit of a general contract, under which 
 they may get books cheaper, and more conveniently; and 2dr 
 To secure the districts against bad books, by furnishing them 
 a carefully selected list to select from. To seciure these advan- 
 tages, the school officers are required to purchase under the 
 contract unless the people direct otherwise. 
 
104 eCHOOL DIBTEICT LIBEAEIES. 
 
 provided for its support, and that no further restriction shall be 
 placed upon the free use thereof, by the public, than would be 
 imposed had no such arrangement been made. 
 
 (Section 5.) This section was enacted in 1869, and modifies 
 section 2, enabling the board to have the library kept in con- 
 nection with another corporation. 
 
PKIMAKY SCHOOL LAW. 105 
 
 RULES FOR TOWNSHIP LIBRARIES. 
 
 The following rules are prescribed under section (2174,) page 
 708, compiled laws, which requires the Superintendent of Pub- 
 lic Instruction to annex to the school laws, such rules as he 
 may think proper, for the government of such libraries: 
 
 1. The township librarian shall properly label and number 
 €ach book in the township library, and keep a catalogue of the 
 eame, showing the title and number of each book. 
 
 2. The times for drawing and returning books by the district 
 directors shall be on the first Saturday of January, April, July 
 and October, between the hours of 10 o'clock A. M. and 3 
 o'clock P. M., or at other times, in the discretion of the libra- 
 rian. The librarian shall charge directors with the books drawn 
 by their numbers, and credit or cancel the same when returned. 
 
 3. Any resident of a district may draw books from the direc- 
 tor, on each Friday, from 3 o'clock till 5 o'clock P. M., but any 
 person under fourteen years of age must present a written 
 request from his parent or guardian. 
 
 4. No person shall be entitled to more than one volume at a 
 time unless they are of the same work; and no family shall 
 draw more than one volume while other families wishing books 
 are unsupplied. 
 
 5. No person shall loan a library book to any one out of his 
 own house, under a penalty of twenty-five cents for each offense; 
 and no person shall retain a book more than two weeks, under 
 a penalty of five cents for each day beyond that time; nor shall 
 any person draw a book while unlawfully detaining a volume 
 from the library, or while any fine against him remains unpaid 
 
 14 
 
106 
 
 RULES rOK TOWNSHIP LIBBAEIES. 
 
 6. Any person losing or destroying a library book shaB pay 
 the cost of such book, and a penalty equal to twenty-five per 
 cent, of said cost; and any person unnecessarily injuring a 
 book shall pay the full damage thereto, the same to be deter- 
 mined by the direetor. 
 
 7. In townships where the inspectors shall have suspended 
 section 115 of the school laws, the township librarian shall loan 
 the books to the residents of the township, under the same 
 rules as above given for the directors to loan to the districts. 
 
 8. All moneys received for fines or penalties by the directors 
 shall be paid over to the township librarian, who shall pay the 
 same, together with all other moneys he shall receive of similar 
 character, into the township library fund. 
 
 9. The township librarian shall, on the first of September in 
 each year, make a written report to the inspectors, setting forth 
 the number of volumes in the library, and their condition. Th& 
 report shall state what books have been added to the library 
 during the year, and what lost, if any; and what amount of 
 fines have been imposed and collected; the number of volumes^ 
 that have been drawn, and whether by directors or under sus- 
 pension of section 115, together with such other particulars as- 
 the inspectors shall direct; which report the inspectors shall 
 place on file, and forward a duplicate thereof to the Superin- 
 tendent of Public Instruction. 
 
PRIMABT SCHOOL LAW. 107 
 
 FORMAL SCHOOL DIPLOMAS. 
 
 The following is the act authorizing the State Board of Edu- 
 cation to grant diplomas to graduates of the State Normal 
 School, as amended March 14, 1863: 
 
 Section 1. The State Board of Education is authorized to 
 grant to such students as shall have completed the full course 
 of instruction in the State Normal School, and shall have been 
 recommended by the board of instruction, a diploma, which, 
 when signed by the members of the Board of Education, and 
 by the board of instruction, shall be evidence that the person 
 to whom such diploma is granted is a graduate of the State 
 Normal School, and entitled to all the honors and privileges 
 belonging to such graduates. 
 
 Sec. 2. The board of instruction of the Normal School shall 
 give to every graduate receiving such diploma, a certificate, 
 which shall serve as a legal certificate of qualification to teach 
 in the primary schools of any township in this State, when a 
 copy thereof shall have been filed or recorded in the ofiSee of 
 the derk of such township. Such certificate shall not be liable 
 to be annulled, except by the board of instruction, but its effect 
 
 (Section 2.) No part of this section has been formally re- 
 pealed, but the County Superintendent law is unquestionably 
 designed to take the subject of inspection entirely out of the 
 hands of the township inspectors in counties having a Superin- 
 tendent, although, by an oversight, the power of suspension of 
 
108 NOBMAL SCHOOL DIPLOMAS. 
 
 may be suspended in any township, and the holder thereof may 
 be stricken from the list of qualified teachers in such township, 
 by the school inspectors, for any cause that would authorize 
 them to annul a certificate given by themselves. 
 
 Normal School certificates was not given to the County Super- 
 intendents. The only alternative, therefore, is a reference of 
 any case that may arise, to the Board of Instruction of the 
 Normal School. 
 
PEIMAET SCHOOL LAW. 109 
 
 TEACHERS' INSTITUTES. 
 
 [ Act as amended Karcli 16, 1861. ] 
 
 Section 1. "Whenever reasonable assurance shall be given to 
 the Superintendent of Public Instruction, that a number not 
 less than fiftj, or in counties containing a population of less 
 than twelve thousand inhabitants, whenever twenty-five teach- 
 ers of common schools shall desire to assemble for the purpose 
 of forming a Teachers' Institute, and to remain in session for a 
 period of not less than five working days, said Superintendent 
 is authorized to appoint a time and place for holding such In- 
 stitute, to make suitable arrangements therefor, and to give 
 due notice thereof. 
 
 Sec. 2. For the purpose of defraying the expenses of rooms, 
 fires, lights, attendance, or other necessary charges, and for 
 procuring teachers and lecturers, the Auditor General shall, 
 upon the certificate of the Superintendent of Public Instruc- 
 tion, that he has made arrangements for holding such Institute, 
 draw his warrant upon the State Treasurer for such sum as 
 said Superintendent shall deem necessary for conducting such 
 Institute, which sum shall not exceed one hundred dollars for 
 each Institute of five days' duration, and shall be paid out of 
 the general fond. 
 
 Sec. 3. Said Superintendent, in case of inability personally 
 to conduct any Institute, or to make the necessary arrange- 
 ments for holding the same, is authorized to appoint some 
 suitable person or persons for that purpose: Provided, That 
 not more than eighteen hundred dollars shall be drawn from 
 the Treasury in any one year, to meet the provisions of this act. 
 
110 teachers' associations. 
 
 TEACHERS' ASSOCIATIONS. 
 
 [ Act ApproTed February 12, 1857. ] 
 
 Section 1. Any fifteen or more teachers, or other persons 
 residing in this State, who shall associate for the purpose of 
 promoting education and science, and improvements in the 
 theory and practice of teaching, may form themselves into a 
 corporation, under such name as they may choose, providing 
 they shall have published, in some newspaper printed at Lan- 
 sing, or in the county in which such association is to be located, 
 for at least one month previous, a notice of the time, place, and 
 purpose of the meeting for such association, and shall file in 
 the office of the Secretary of State a copy of the constitution 
 and by-laws of said association. 
 
 See. 2. Such association may hold and possess real and per- 
 sonal property to the amount of five thousand dollars; but the 
 funds or property thereof shall not be used for any other pur- 
 pose than the legitimate business of the association in securing 
 the objects of its corporation. 
 
 Sec. 3, Upon becoming a corporation, as hereinbefore pro- 
 vided, they shall have all the powers and privileges, and be 
 subject to all the duties of a corporation, according to the pro- 
 visions of chapter fifty-five of the revised statutes of this State, 
 [Chap. 73, Compiled Laws,] so far as such provisions shall be 
 applicable in such case, and not inconsistent with the provis- 
 ions of this act. 
 
PRIMARY SCHOOL LAW. Ill 
 
 FOEMS 
 
 FOE PEOCEEDINGB UNDEK THE SCHOOL LAW. 
 
 No. 1. 
 
 Form, of Notice by the Clerk of the Board of Inspectors to a Tumble Inhab- 
 itant of a District at the time of its formation . 
 
 [ See Sections 1,2, 3, 4, 7, and 129. ] 
 
 To A---. B....: 
 
 Sir — The school inspectors of the township of hare 
 
 formed a school district in said township, to he known as District 
 No , and hounded [here insert the description.] 
 
 The first meeting of said district wUl he held at on the 
 
 day of , A. D. 18.-, at o'clock A. M., [or P.M.,] 
 
 and you are instructed to notify eyery legal voter of said district of the 
 same, at least five days previous to said meeting, either personally, or by 
 leaving a written notice at his place of residence. You will endorse on 
 this notice a return, showing each notification, with the date or dates 
 thereof, and deliver the same^to the chairman of said meeting. 
 
 Datedthis day of , A. D. 18... 
 
 (Signed,) C— D..-., 
 
 derk of the, Board of School Inspectors. 
 
 No. 3. 
 
 Form of Notice for first Meeting — when ma,de in Writing, to be left at the 
 house of ewry Legal Voter. 
 
 [ See Sections 1,2,15, and 129. ] 
 
 ToC-.-B....: 
 
 Sib — School District No , of the township of having 
 
 been formed by the inspectors, you, as a legal voter in said district, are 
 hereby notified that the first meeting thereof wiU be held at , 
 
112 
 
 rOBMS FOB PROCEEDINGS 
 
 on the day of 
 
 -noon. 
 
 Dated this day of . 
 
 (Signed,) 
 
 ., A. D. 18-., at 
 ,18... 
 
 o'clock in the 
 
 A..-B 
 
 The person appointed to give Notice, 
 
 Bemarks. — ^If the district is in more than one township, the descrip- 
 tion win be varied accordingly. 
 
 The notice is to be given to every person, man or woman, 31 years of 
 age, liable to pay a district tax, and three months a resident, and to all 
 who are voters at a township meeting, though not tax-payers. 
 
 No. 3. 
 
 Form of Endorsement upon the Notice — Form No. 1 — hy "Taxable 
 
 Inhabitant." 
 
 [ See SeetioDS 3 and 15. ] 
 
 I, A B , hereby return the within (or annexed) notice, and 
 
 have notified the qualified voters of the district, as follows : 
 
 J.-AMES. 
 
 DiTB. 
 
 HOT KOTIFIKD. 
 
 A . B 
 
 Januaiy 1,1864. 
 
 11 ii 
 
 Personally. 
 Written Notice. 
 
 0-... D 
 
 
 
 
 
 
 
 
 
 Dated at , this 
 
 (Signed,) 
 
 day of 
 
 .18. 
 
 A...- B. 
 
 No. 4. 
 
 Form of Acceptance of Office by District Officers, to be fled with tlie Director. 
 
 [ See Sections 9, 130, and 149. ] 
 
 I do,hereby accept the oiBce of in School 
 
 District No , of the township of 
 
 Dated this day of ,18 
 
 (Signed,) A.... B.... 
 
 Bema/rh. — This acceptance must be filed within ten days after the 
 election, or appointment, or the office is vacant ; except in case of re- 
 election, or re-appointment to the same office. 
 
UNDER THE SCHOOI/ LiW. llS 
 
 No. 5. 
 
 S'orm, of Notice of Annual Meetings. 
 
 [ See Sections 11, 13, 50, and 130. ] 
 
 Notice.— The annual meeting of School District No , of the 
 
 township of ._.. , for the election of school district officers, and 
 
 for the transaction of such other business as may lawfully come before it, 
 
 wiU be held at _ , on Monday, the day of September, A. 
 
 D. 18-., at o'clock in the noon. 
 
 Dated this day of August, 18... 
 
 (Signed,) - , Director. 
 
 Bemark. — This must be posted by the director in three of the most 
 public places in the district — one of them being on the school-house, if 
 there is one — six days before the meeting ; but the meeting may be held 
 at the usual time and place, as near as may be, though the.notice is not 
 given. 
 
 No. 6. 
 
 Form of Seqwest to be made by five Legal Voters of a District to the Distriet 
 Board for the calling of a fecial Meeting. 
 
 [ See Section 12. ] 
 
 To the District Board of School District No ,lortoA B , «fce,, 
 
 one of the district board:'] 
 
 The undersigned, legal voters of School District No. , of the 
 
 township of - , request you, in pursuance of section 13, of the 
 
 primary school law, to call a special meeting of said district, for the 
 purpose of - 
 
 Dated this -....- day of , A. D. 18.. 
 
 (Signed,) ., 
 
 15 
 
114 FOBMS FOn PROCEEDINGS 
 
 No. 7. 
 Form of Notiee of Special Meetings. 
 
 [ See Sections 12, 13, and 60. ] 
 
 Notice.— A special ineeting of the legal voters of School District No. 
 
 , in the township of. , called on the written request of 
 
 five legal voters, [or called by the district board, as the case maybe,] 
 
 will be held at [the districi school-house,] on the day of , 
 
 18--, at - o'clock [P. M.,] for the purpose of [here insert every 
 
 object that is to be brough#6iefore the meeting.] 
 
 (Signed,) A B , Director. 
 
 No. 8. 
 
 Fovstt of Contract between District Board and Teacher. 
 
 [ See Sections 39, 43, 60, and 85. ] 
 
 It is hereby contracted and agreed between of 
 
 District No , in the township of , county of , 
 
 and State of Michigan, and _ , a legally qualified 
 
 teacher in said township, that the said shall- 
 
 teach the primaiy school of said district for the term of 
 
 months, commencing on the day of , A. D. 18 ; 
 
 and the said agrees faitliiully to observe 
 
 and enforce the rules and regulations established by the district board. 
 
 The said , in behalf of said district, agrees 
 
 to keep" the school-house in good repair, and to provide the necessary 
 
 fuel, and to pay said ....^.,.. for the said services as 
 
 teach^, to be faithfully and truly rendered and performed, the stun of 
 
 -., dollars, the same being the amount of wages above 
 
 agreed upon, to be paid on. or before the day of , 18.. ; 
 
 Provided, That in case said shall be dismissed 
 
 from school, by the district board, for gross immorality, or violation of 
 
 this contract, or shall have certificate annulled by the school 
 
 inspectors, [or County Superintendent of Schools, as the case may be,] 
 
 - shall not be entitled to any compensation from and after 
 
 such annulment or dismissal. 
 
 In witness whereof, we have hereunto subscribed our names, this — 
 day of- ,A. D. 18 
 
 , Teoicher. 
 
 Approved by 
 
UNDEK THE SCHOOL LAW. 115 
 
 Bemarks. — A teacher's contract must have a revenue stamp of five 
 cents attached. 
 
 If any other time for a month than four weeks of five days m each 
 week is agi-eed upon, it must be specified in the contract. 
 
 No. 9- 
 
 Form of Order upon Assessor for Moneys to -be Disbursed by Mm for the 
 School District. 
 
 [ gee Sections 29 and 53. ] 
 
 Assessor of School District No , Township of .• 
 
 Pay to the order of , the sum of 
 
 dollars, out of any moneys in your hands belonging to thefimd, for [here 
 
 insert name of fund, as teachers' wages, building, hbrary, &c.] 
 
 Dated this day of , A.D. 18 
 
 A B , Director. 
 
 [ Countersigned : ] 
 
 C D , Moderator. 
 
 No. 10. 
 
 Form, of Warrwut upon Township Treatureir for Moneys belonging to 
 School Districts. 
 
 [ See Sections 39, 6Z and 109. ] 
 
 TreasuTer of the Township of : 
 
 Pay to , assessor of School District No , 
 
 in said township,* the sum of - dollars, out of [here insert 
 
 the, particular fund,] in your hands, belonging to said district. 
 
 Dated at , this day of ,18 
 
 A B , Director.' ■ 
 
 [ Countersigned : ] 
 C D , Moderator. 
 
 Bemark. — The board cannot legally draw a warrant upon the town 
 treasurer in favor of anybody but the assessor. 
 
 *li it -is for a fractional, district tbat reports in another town, it should read — "in the 
 township of " 
 
116 FORMS FOB PBOOEEDINGS 
 
 No. 11. 
 
 Fwm of Report by the District Board to the Supervisor. 
 
 I See Sections 21, 56, 57, 68, 106, 107, and 108. } 
 
 Supervisor of the Township of .• 
 
 The undersigned, district board for School District No , in said 
 
 township, do hereby certify that the following taxes have been Toted in 
 said district, daring the school year last closed, and estimated by the 
 district board, under the provisions of section 34 of the school laws, viz : 
 [Here specify the amount of each tax voted and estimated, and the 
 purpose to which it is appropriated, and give the sum total of the whole,] 
 which you wiU assess upon the taxable property of said district, as the 
 law directs. 
 
 Dated at , this day of , A. D. 18 
 
 A B , Moderator, 
 
 C D , Director, 
 
 E F , Assessor. 
 
 Bema/rks. — If a tax is voted after the close of the school year, in time 
 to be reported to the supervisor lor assessment, the form will be varied 
 accordingly. 
 
 This report must be made before the second Monday in October, or the 
 supervisor cannot be compelled to malte the assessment, though he may 
 do it, whenever the report is made. 
 
 No. 13. 
 Form of Assessor's Bond. 
 
 [ See Sections 61 and 62. ] 
 
 Know all men by these presents, that we, A B , the assessor 
 
 of School District No , in the township of , C 
 
 D and E F , [his sureties] are held and firmfy bound unto the 
 
 said district, in the sum of [here insert a sum of double the amount ex- 
 pected to come into the assessor's hands], to be paid to the said district ; 
 for the payment of which sum well and truly to be made, we bind our- 
 selves, our heirs, executors and administrators, jointly and severally, 
 firmly by these presents. 
 
 The condition of this obligation is such, that if A B , assessor 
 
 of said district, shall falthMly apply all moneys that shall come into his 
 
>«g^mH)EE THE SCHOOL LAW. 117 
 
 hands, by TirtuelM|^H|^^'hen this obligation shaU be void ; other- 
 wise of fall forcel^^^^HF 
 
 Sealed with oursesls^^d dated this day of A. D. 18... 
 
 A.... B...., [L. s.] 
 C... D...., [L. B.] 
 E.... F..-., [l. s.] 
 
 Signed, sealed and delivered in presence of 
 
 Bemark. — This bond should be endorsed as follows : 
 " We approve the within bond." 
 
 (Signed,) G.... B...... Moderator, 
 
 I K , Director. 
 
 Hemark. — The assessor's bond requires a revenue stamp of one doUar. 
 
 No. 13. 
 
 Farm of Bond to he given by the Chairman of the Board of Schooi 
 
 Inspectors. 
 
 [ See Sections 68, 69 and 70. ] ' 
 
 Know all men by these presents, that we, A B , the chairman 
 
 of the board of school inspectors of the township of , and 
 
 C D and E F , [his sureties,] are held and firmly bound 
 
 unto the said township, in the sum of [here insert the sum of double the 
 amount to come into said chairman's hands, as nearly as the same can 
 1)6 ascertained], for the payment of which sum well and truly to be made 
 to the said township, we bind ourselves, our heirs, executors and admin- 
 istrators, jointly and severally, firmly by these presents. 
 
 The condition of this obligation is such, that if A B , chair- 
 man of the board of school inspectors, shall faithMly appropriate aU 
 moneys that may come into his hands by virtue of his office,^ then this 
 obligation shall be void ; otherwise, of full force and virtue. 
 
 Sealed with our seals, and dated this ... 
 
 Signed, si>alsd and delivered la presence of 
 
 day 
 
 of... 
 
 .,A. 
 
 D. 
 
 ,18. 
 
 ... 
 
 
 A.... 
 
 . B.. 
 
 J 
 
 [L. 
 
 S.1 
 
 
 C... 
 
 D.. 
 
 
 Fl. 
 
 S.1 
 
 
 E.... 
 
 F.. 
 
 ) 
 
 [L. 
 
 s.] 
 
 " I approve the within bond." 
 
 (Signed,) G H , Township Clerk. 
 
 Bemark.— "VhK bond should be given before any moneys come into his 
 bands, and should be endorsed as above, by the township clerk. It also 
 requires a revenue stamp of one dollar. 
 
118 rOEM8 FOE PBOOEEDINGS 
 
 No. 14. 
 F<yrm, of Appointment of District Officers hy District Board. 
 
 [ See Section 66. ] 
 
 The undersigned, members of the district board of School District No. 
 
 , in the townsliip of , do hereby appoint A B , 
 
 Director of said district, to fill the vacancy created by the removal, [res- 
 ignation or death, as the case may be,] of C D , the late 
 
 incmnbent. 
 
 Dated this day of , A. D., 18.-. 
 
 E F , Moderator, 
 
 G H , Assessor. 
 
 Hemark 1. — The words in ikUies in the above form, should be varied to 
 suit the case. 
 
 Bemwrh 2. — The director should record any appointment that may be 
 made, and persons appointed to office should file with the director a cer- 
 tificate of acceptance, according to the provisions of section 5. [See 
 Form No. 4.] 
 
 No. 15. 
 
 Form, of Appointment of District Officers, by Sehooi Inspectors. 
 
 [ See Section 14«. ] 
 
 The undersigned, school inspectore for the township of , 
 
 do hereby appoint P , Assessor [insert names of other 
 
 appointees] of School District No , in said township; the district 
 
 having failed to elect. 
 
 Dated this day of , A. D. 18.- 
 
 A.... B...., 
 C.-- D...., 
 
 E.... F , 
 
 Sehooi Inspectors. 
 
TJNDEB THE SCHOOL LA.W.- 119* 
 
 No 16. 
 Form of Oertifieate to be given by School Inspectors to Qualified Tea^liers, 
 
 [ See Sections 39, 85, 8«, 87, 88, 89 and 90. ]• 
 
 It is hereby certified, that A B. , has paased a satisfactory 
 
 examination before us in the following branches, viz : 
 OOwgra/phy, Beading, Writing, Orammar, Geography, Arithmetic, 
 
 _. , 
 
 and is able to give instruction in the same. Be has moreover been found 
 ot good moral character, and of competent ability to teach a school, and 
 we have therefore licensed him to teach in the schools of this township of 
 
 , in the county of , for the term of [here insert 
 
 the time], from the date hereof 
 
 Given under our hands, this day of , A. D. 18- - 
 
 C....D...., 
 B.... F.-.-, 
 
 a.-.. H..._, 
 
 School Inspectors of the Township of , County of ..J., Midi , 
 
 No. 17. 
 
 Form of Notice of Meeting of Inspectors for Examination of School 
 
 Teachers. 
 
 [ See Section 86. ] 
 
 Notice is hereby given, that for the purpose of making an examination 
 of all persons who may offer themselves as candidates for teachers of the 
 primary schools of this township, the board of school inspectors thereof 
 will meet [here insert the time and place of meeting]. 
 
 Dated this day of , 18-- 
 
 A B , 
 
 Tmcnship Clerk. 
 
 Me/marTc 1. — Whenever the inspectors deem- it necessary to reexamine 
 any teacher, they shall serve the following notice upon him, according to 
 the provisions or section 90 : 
 
J20 rOEMS FOK PBOCEEDINaS 
 
 Vwm of Notice of Jteexamination. 
 
 To A B --.• 
 
 SiE — You are hereby notified that the undersigned, school inspectors 
 
 far the township of - , wUl hold a meeting at , 
 
 on the day of , at o'clock, M. Tou 
 
 ■wBl please appear hefore them at the time and place aforesaid, for reex- 
 amination. It is our purpose to annul your certificate if you are foimd 
 deficient in the qualifications requisite for a primary school teacher. " 
 
 JB9~ Thjs notice Ehould be dated and signed in the same manner as the above Certiflcate 
 
 ,-, Bema/rh S. — In case it be found necessary to annul the teacher's cer- 
 tificate, it shall be sufficient for that purpose for the clerk of the hoard 
 of school inspectors to make the usual record of their proceedings : Fro- 
 vided, The teacher appears before them and gives up his certjficRte, 
 which it is his duty to do. Otherwise, In addition to said record, the 
 inspectors shall cause the following notice to be posted up in three public 
 places in the township, or to be inserted in a newspaper of the township, 
 & there be one ; 
 
 " The imderdgned, school inspectors for the township of , 
 
 having this day reexamined A---.- B..-,, a primary school teacher in 
 said township, and regarding him incompetent to discharge the duties of 
 his ofllce, we hereby give notice that his certificate is annulled according 
 tfs the provisions of law." 
 
 4S~ This notice should be dated and signed in the sarae manner as the preceding one. 
 
 No. 19. 
 
 Form of Certificate to be given to the Director of a ScJwol District,!/}/ the 
 Board of 8diool Inspectors when they estaUi^h the Site. 
 
 [ See Sections 19 and 20. ] 
 
 The inhabitants of District No , in the township of — , 
 
 laving failed, at a legal meeting, to establish a site for a school-house, 
 the board of school inspectors hereby certify, that they have determined 
 that the said site shall be as follows : [Describe as in the deed}. 
 
 Given under our hands this day of , A. D. 18 
 
 A.... B , 
 
 0...- D -, 
 
 E.... F , 
 
 School Inspectors. 
 
UNDER THE SCHOOL LAW. 121 
 
 No. 20. 
 Form of a Deed. 
 
 [ See Section 69. ] 
 
 Know all men by these presents, that A B , and C D , 
 
 his wife, of the township of , in the county of .^ .., 
 
 and State of Michigan, party of the first part, for and in consideration 
 
 of the sum of dollars, to them paid by the district board of 
 
 School District No , of the township, county, and State aforesaid, 
 
 the receipt whereof is hereby acknowledged, do hereby grant, bargain, 
 
 sell and convey to School District No. , the party of the second part, 
 
 and their assigns forever, the following described parcel of land, namely : 
 [Here insert description] ; together with aU the privileges and appurte- 
 nances thereunto belonging, to have and to hold the same to the said 
 party of the second part, and their assigns, forever. And the said party 
 of the first part, for themselves, their heirs, executors, and administra- 
 tors, do covenant, grant, bargain and agree, to and with the said party 
 of the second part, and their assigns, that at the time of the ensealing 
 and delivery of these presents, they were well seized of the premises 
 above conveyed, as of a good, sure, perfect, absolute and indefeasible 
 estate of inheritance in the law, in fee simple, and that the said lands and 
 premises are free from all encumbrances whatever ; and that the above 
 bargained premises, in the quiet and peaceable possession of the said party 
 
 of second part, and their assigns, against all and every person or per- 
 sons lawfully claiming or to claim the whole or any part thereof, they 
 will forever warrant and defend. 
 
 In witness whereof, the said A B , and C D , his wife, 
 
 party of the first part, have hereunto set their hands and seals, this 
 
 day of... '..., A. D. 18... 
 
 A B...., [seal.] 
 
 C D , [seal.] 
 
 Signed, soaled and doliveredjin presence of 
 H— .1. — , 
 J....K 
 
 Semarh 1. In order to protect the district in its title to a site, the deed 
 thereof must be recorded in the county register's oflice. 
 
 Remarh S. If the land conveyed is less than $100 in value, no revenue 
 stamp is required. If valued at more than $100, the deed will require a 
 stamp, as follows : 
 
 16 
 
122 rOEMS POE PBOOEEDINQS 
 
 Exceeding — 
 
 % 100, and not exceeding 
 
 $500,.... 
 
 50 cts. 
 
 (( ' 
 
 600 
 
 (( a 
 
 1,000 
 
 $1 00 
 
 " 
 
 1,000 
 
 i( 44 
 
 3,500 
 
 3 00 
 
 a 
 
 2,500 
 
 (1 t( 
 
 5,000 
 
 5 00 
 
 }i 
 
 5,000 
 
 " " 
 
 10,000 
 
 10 00 
 
 JOS" It will readily be seen how the preceding form should be varied, in case the persoa 
 giving a deed is unmarried. 
 
 No. 21. 
 
 Form of a Leaae. 
 
 [See Section 60. ]3 
 
 Know all men by these presents, that A B , of the township of 
 
 , in the county of.. , and State of Michigan, of 
 
 the first part, for the consideration herein mentioned, does hereby lease 
 unto School District No , in the township, county, and State afore- 
 said, party of the second part, and their assigns, the following parcel of 
 land, to wit : fHere insert description,] with all the privileges and appur- 
 tenances thereunto belonging ; to have and to hold the same for and dm-ing 
 
 the term of years from the day of , 
 
 A. D. 18--. And the said party of the second part, for themselves and 
 their assigns, do covenant and agree to pay the said party of the first 
 
 part, for the said premises, the annual rent of.. dollars. 
 
 In testimony whereof, the said parties have hereunto set their hands 
 
 and seals, this day of , A. D. 18. . . 
 
 A B , [seal.] 
 
 Lessor.. 
 
 O....D....,l 
 
 E P ,)■ [seal.] 
 
 G....H....,) 
 
 District Board of Sdhool District No , of the aforesaid Township. 
 
 Signed and sealed in the presence of 
 I.... J...., 
 
 k:....l 
 
 Bemarks. If the district proposes to build of brick on a leased lot, (a 
 very improbable thing,) it must have a lease for ninety-nine years ; and if 
 it proposes to build a frame house, the lease must be for fifty or more 
 years, or a clause inserted in the lease authorizing the district to remove 
 the house. (Sec. 59.) 
 
 A lease, like a deed, must be recorded in the register's office, in order 
 to protect the district in its title to a site. 
 
 A perpetual lease requires the same stamp as a deed. 
 
 jl^The lessor will probably want a copy of the lease. If so, a duplicate 3h3uld be made 
 and signed as above, and placed on file with the director, to be delivered with other papers 
 of his office to his successor. 
 
ONDEB THE SCHOOL LAW. 123' 
 
 No. 23. 
 Form, of Warrant on the Township Treasurer for Library Moneys. 
 [ See Sections 107, 109, and 116. ] 
 
 Tothe Treasurer of tfi^ Township of , Countyof ,. 
 
 Michigan; 
 
 Pay to the order of , the sum of - dollars, from 
 
 any library moneys now in yom- hands, or to come into your hands, the 
 •ame being for library books purchased for the library of said township. 
 
 Dated at , this day of , 18-.. 
 
 A....B...-, 
 C—.D...., 
 E.— F..-., 
 Tomnship Board of School Inspectors. 
 
 Bemark. In case of a township having district libraries, the library 
 moneys are payable to the districts, and on the order of the district 
 officers. (See form 10.) 
 
124 
 
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128 rOEMS FOB PBOCEBDINGS, ETC. 
 
 No. 34. — Contirvued. 
 
 [Inspectors are respectfully requested, in connection with Form 34, in 
 addition to the statistics furnished by the Directors' Reports, to fill the 
 following blanks, the data for which are in their own hands :] 
 
 No. of Volumes In Town Library 
 
 No. Volumes added to Town Library during the year 
 
 Whole number of meetings held by Inspectors 
 
 Total number of Visits made to the Schools 
 
 No. of Private or Select Schools in township 
 
 No. of Scholars in such Schools, as nearly as may be known 
 
 Atnount voted at the Spring Election for Libraries 
 
 Amount of Fines, Penalties, &c., received from Co. Treasurer for Libraries 
 
 Amount paid for Books for township Libraries 
 
 Am't paid or due the Board of Inspectors for services for the School year. . 
 
 TEXT BOOKS PEBSCKIBED BY THE DISTBICT BOAEDS. 
 
 iV. B. — Qive tJie Titles of the Books, and the number of Schools in which sttch Book is Adopted. 
 
 Spelling Books 
 
 Beaders 
 
 Writing Books 
 
 Mental Arithmetics 
 
 Arithmetics 
 
 Book-Eeeping ' 
 
 Algebras : 
 
 Geometries 
 
 Geographies 
 
 Grammars 
 
 Natural Philosophies 
 
 Chemistries • 
 
 Physiologies 
 
 We do hereby certify that the foregoing is a correct abstract of the Reports of the Di- 
 rectors of School Districts in this Township, for the School Year next preceding the Irst 
 Monday of September, 18.., which reports are now on file in the office of the Township 
 Clerk. 
 
 1 f PO- 
 
 YSchool Inspectors^ 
 
 :...,Iiwn Clerk, !■•*>■ 
 
 Dated at County of October... 18.... 
 
..'^-Mk-'-sj! '&•:'■ '.'ill 
 
SCHOOL ABCHITECTCRE. 129 
 
 SCHOOL ARCHITECTURE. 
 
 The chapter on School Architecture published in 1864 is here 
 repeated, with such modifications and additions as have been 
 deemed necessary. New designs have been obtained, and all 
 improvements discussed. 
 ", A convenient school -house is one of the requisites to a suc- 
 cessful school. A poor and ill contrived school building dis- 
 courages effort, hinders the school labors, lessens the love of 
 learning, degrades education in the public esteem, and in all 
 its influences stands as a perpetual obstacle to all progress of 
 education in its vicinity. ' On the contrary, a tasteful, elegant 
 ..-and well-arranged school-house, is a perpetual stimulant of 
 *'* educational spirit and enterprise. Attracting pupils by its 
 .beauty, it inspires their respect for the learning of which it is 
 the jfitting home, and by its convenience aids the labors of both 
 teacher and scholars. 
 
 It is one of the surest signs of progress in our educational 
 interests, that the school-houses are steadily improving; that 
 in place of the old buildings, small and iuconyenient, there are 
 springing up large, costiy, and beautiful school-houses, at once 
 ornaments and blessings to the communities by whose wise 
 public liberality they were erected. 
 
 It is to, be regretted that, in some instances, after a large 
 outlay of money and labor, in the erection of a fine edifice of 
 good external appearance, serious defects are found in the plan 
 as it relates to the school work. The district finds itself in 
 possession of a beautiful piece of architecture, but with a very 
 poor school-house. A better appreciation of the real and 
 essential conditions of a good Echool-house will, in time, lead 
 17 
 
130 SCHOOL AHCHITEOTUEE. 
 
 to an avoidance of these expensive mistakes. With the growth 
 of educational science and art, and with the attainment of 
 clearer views of the true processes and proper methods of in- 
 strnction, ■will come an improved school architectiire which 
 will furnish to true and well ordered schools, suitable and con- 
 venient school-houses. 
 
 No greater foUy can well be conceived than the expenditure 
 of $75,000 or even $100,000, as has been done, in erecting a 
 beautiful school edifice; beautiful at least in the external 
 appearance, yet with the internal arrangements as inconven- 
 ient as they could well be made; entirely destitute of ventila- 
 tion, except it may be a diminutive opening in the wall near 
 the ceiling. It is as important to consult an experienced 
 teacher in building a convenient school-house, as it is to seek 
 the advice of an experienced house-wife, in planning a con- 
 venient dwelling house. 
 
 CHAEAOTEKISTICS OF A GOOD SCHOOL-HOUSE. 
 
 The essential characteristics of a good school-house are, 1st, 
 a sufiS.cient amount of space to accommodate the school and its 
 classes; 2d, a convenient distribution of room in halls and 
 school rooms to allow free movement of the classes and of the 
 entire school, without crowding or confusion; 3d, an arrange- 
 ment of lights such as will throw an equal and sufficient illumi- 
 nation throughout the rooms; and, 4th, adequate provisions 
 for warming and ventilating the rooms. To these may be added 
 as desirable features, ample and pleasant school grounds, good 
 walks and out-houses, and a fine architecture. 
 
 No one can so well arrange the school rooms abd halls as the 
 one who has had to do with them for years, and knows just 
 how to plan them to make them convenient. It is the business 
 of the architect to arrange the rooms and halls so as to secure 
 symmetry of design; but to plan a convenient school-house 
 with rooms and halls well arranged, requires an experienced 
 and common-sense teacher. 
 
SCHOOL AECHITEOTDBE. 13l 
 
 SCHOOL-HOUSE SITES. 
 
 With a little care in selecting a school site, and in preserving 
 the native trees already growing, beautiful school grounds 
 could be secured with little expense. What is more unattrac- 
 tive than a dingy, ill-constructed school-house, thrust into the 
 public street, without tree or shrub, to relieve the desolatef 
 appearance ? 
 
 Sites for school-houses are usually selected with reference to 
 the convenience of the pupUs who are to be sent to school. A 
 central location is preferred above all others. But there is one 
 consideration that should precede even this of convenience; 
 that is the health of the children. A house built on low and wet 
 ground will have continually arising from the soil beneath and 
 around it unwholesome exhalations, which, mingling constantly 
 with the air in the school, will seriously affect every child of 
 delicate organization, and, in the course of years, destroy life 
 itself. The school-house should be buUt on a high and dry 
 piece of ground, well drained if not gravel.' Even the vicinity 
 of a malarious swamp or low ground is to be avoided, as we 
 would avoid the presence of a slow but fatal poison in the air. 
 A gravel knoll is also desirable, since it affords a dry approach 
 to the school-house, and prevents the carrying of so much mud 
 and filth into the sehool-room. 
 
 The school grounds should embrace not less than an acre in 
 extent, even in the country, so as to allow the house to be set 
 well back from the dusty road, and to furnish play-grounds 
 vrithin the fences. A convenient form for school grounds will 
 be found to be an area of 10 rods front by 16 rods deep, vrith 
 the school-house set back six rods from the road. The grounds 
 should be strongly fenced, the yards in the rear of the school- 
 house being invariably separated by a high and tight board 
 fence, the front grounds being planted with ornamental and 
 shade trees. For a small school, an area of 8 rods front by 10 
 rods deep may be sufficient, the school-house being set back 
 four rods from the front. 
 
X32 SCHOOL AECHITECTDKE. 
 
 WARMING AND VENTILATION. 
 
 The builders of school-houses should give their chief atten- 
 tion to the provisions for warming and ventilating the rooms. 
 These naturally go together, and neither can be best accom- 
 plished without the aid of the other. To warm a room, we 
 need to supply hot air and get rid of cold air; to ventilate, we 
 need to supply fresh air and get rid of foul air; in both cases 
 -we need a provision to empty the room and to refill it, con- 
 stantly, and if our fresh air can be made hot air, then the ven- 
 tilation and warming become one. 
 
 Ventilation becomes easy as soon as it is known that it is 
 .embraced in these two essential operations, viz: 1st, to supply 
 fresh air; 2d, to expel foul air. It is evident that fresh air 
 cannot be crowded into a room unless the foul air is permitted 
 to pass freely out; and certainly the foul air will not go otU 
 (Without fresh air comes in to fill its place. It is useless to open 
 ventilating flues, as I have seen in some of our school-houses, 
 for the egress of bad air, while there is no provision for draw- 
 ing in a supply of fresh air. If the flues worked at all, it would 
 be simply to empty the room of all air — an impossibility. 
 
 When a building is warmed with furnaces which throw in 
 constant streams of hot air, all that is needed for ventilation is 
 foul air flues opening at the floor, to carry off the cold and 
 ifoul air which will be pressed downward by the hot air which 
 ^ses at once to the top of the room. 
 
 But when stoves are used a special provision needs to be 
 jnade for a supply of fresh air; for without such provision the 
 stove will only slowly warm the air already in the room as it 
 .chances to come in contact, and the heated air, escaping by 
 crevices, will be replaced by cold air through other crevices, 
 and the room will necessarily be either poorly warmed or badly 
 Jirentilated. 
 
 In the plans of school-houses given in this work, it is pro- 
 posed to bring a large supply of fresh, pure air, from outside 
 
SCHOOL ARCHITECTUEE. 133' 
 
 of the foundation walls by means of a large box tube runningf' 
 under the floor, and opening beneath the stove. It is recom- 
 mended that the fresh air thus introduced, be confined' for a 
 little, near the stove by a sheet iron screen fastened* tightly to' 
 the floor around the stove and opening over the top,- or that the 
 air be passed through a hollow drum on the top of the stove. 
 But better still, where it can be afforded, will be found Chilson's- 
 portable furnaces, or Euttan's air warmers. These are provided 
 with flues to carry the cold air through the stove and send it 
 out weU heated. 
 
 A supply of fresh warm air being thus provided for, ventilating 
 flues are provided to take the cold and bad air from the floor 
 and carry it off above the roof. In most of the plans, the ven- 
 tilating flues are built in the chimney to give the benefit of the- 
 draft which will be created by the heat of the chimney. 
 
 The simplest plan for ventilating school-rooms where stoves' 
 are used, is to commence to buUd the chimney on the floor, • 
 building a small fireplace and hearth. Let the fireplace 
 be so built as to receive a register instead of an ordinary screen. 
 This should be so set as to be easily removed when necessary. 
 Place the stove in one corner of the room;- it should be furnished' 
 with a hollow drum; into this a tin tube of the size of the 
 opening in the drum should be inserted} coming from the out- 
 side of the house. This tube should have a damper, by means 
 of which the air from without can be shut off when desired. 
 Let the stove-pipe pass from the stove to the center of the 
 room, and then to the chimney, in the back part of the room. 
 
 This arrangement would secure constiant and complete ven- 
 tilation, without the admission of cold currents of air, as all 
 the air becomes heated in passing through the drum on the top' 
 of the stove. If at any time there should be too large a flow 
 of air, this could be shut off by using the damperi.- 
 
134 eOHOOL ABCHITEOTUBE. 
 
 LIGHTING. 
 
 Care has been taken in all the plans Bpeciallj prepared for 
 this book, to provide for lighting the rooms by windows in the 
 rear and both sides of the school-rooms. No windows have been 
 admitted far enongh front to permit the light to fall in the faces 
 of the children. 
 
 The windows should reach, as near as practicable, to the ceil- 
 ing, in order to throw their light well into the room. A north- 
 em light has been preferred by some as more equal; but it is 
 desirable, when practicable, that the pupils shall sit facing the 
 north, and the sunlight coming through southern windows is 
 jnore cheerful and healthful. When too bright or warm, it 
 should be softened by curtains. 
 
 A great mistake has been made in some of the school-houses 
 in this State, by seating them in such a way as to have all the 
 pupils in the room face the windows. Such an arrangement 
 «annot be otherwise than injurious to the eyes of the pupils, 
 as the strong light is constantly shining into them. Pupils 
 should always be seated with their backs to the windows. 
 There should be no windows in front of them. 
 
 WALKS AND SCEAPEES. 
 
 Good plank walks from the front gates to the doors should 
 never be wanting, and good iron scrapers, easily made by nail- 
 ing a strip of band iron on the edge of the platform or door- 
 steps, should be provided. The ground about school-houses 
 gets trodden into mire in wet weather, and, without these 
 walks and scrapers, the house is soon filled with mud, which 
 drying into fine dust, soon fills the atmosphere and covers the 
 desks and clothes. 
 
 The three following designs are selected from the school 
 edifices of Chicago: 
 
 The first is called the Cottage Grove School. The building 
 ia of vvood, two stories high, and the general arrangement of 
 
SCHOOL ARCHITECrCEE. 135 
 
 school-rooms and wardrobes is the same a& that of the larger 
 buildings. The general plan of all the school buUdings of Chi- 
 cago is the same. The buildings are nearly square, very plain 
 in their exterior, but little being expended for mere ornament. 
 They generally have three entrances, — one in front for the teach- 
 ers and visitors, and one from either side for the pupils, the boys 
 and girls entering from different sides. The side doors open into 
 a hall that passes entirely across the building, dividing it in the 
 centre. Another hall leads from the front door back to the 
 centre hall. Doors open from the centre hall directly into the 
 wardrobes, which are sufficiently vride to admit of easy passage; 
 from these wardrobes, doors open into the school-rooms. The 
 pupils therefore, as they come into the hall, pass through the 
 wardrobe to enter the school-room, while the teacher enters 
 the room directly from the hall that leads from the front door. 
 Each room has a small closet for the use of the teacher. Each 
 building is divided into four rooms. These are furnished with 
 seats fronting the centre of the building. 
 
 Each room is well lighted, by windows so arranged as to 
 throw no light into the faces of the pupils, all of it coming 
 from behind, or falling at the side of them. 
 
 The Superintendent of the schools expressed himself as 
 entirely satisfied with this arrangement of the buildings. He 
 believed no better plan could be devised. The square form 
 gave more room than any other, and the rooms were better 
 situated to be easily lighted, heated, and ventilated. Most of 
 the school buildings of Chicago are heated by steam. The 
 remainder use furnaces. 
 
 The Cottage Grove.School building is 77x68 feet; it contains 
 eight rooms; each 27x33 feet, each school-room having a ward- 
 robe attached, 5x27 feet. There is also a reception room in the 
 front on the 2d floor over the entrance hall, (E,) 10x23 feet. 
 The building is heated by one Lawson furnace and four stoves, 
 
136 
 
 SCHOOL AEOHITECTUEE. 
 
 and is seated throughout with Chase's single cherry seats and 
 desks. The arrangement of this building is easily understood 
 by reference to accompanying plans: 
 
 A 
 
 31 
 
 B 
 
 A 
 
 B 
 
 
 D 
 
 COTTAGE GROVE SCHOOL— FmsT Stoby. 
 
 A — School-Rooms. 
 B — Wardroljes. 
 C — Teacliers' Closets. 
 D — Entrance Hall. 
 
W^ 1 
 
 T 
 
 ^^j ^J 
 
 'I 
 
 ^ M 
 
 
 .' f.y 
 
 
 
 \WP J 
 
 
 '' 'iM'Jjiii B 
 
 •i^ if ft '" ' "" '^***' 
 
 ='5=NS,.f^- 
 
 COTTAGE GROTE SCHOOL HOUSE, CHICAGO, ILL. 
 
CARPENTER SCHOOL HOUSE, CHICAGO, ILL. 
 
r 
 
 A 
 
 SCHOOL AHCHITEOTUBE. 
 
 B 
 
 ^m 
 
 n 
 
 % 
 
 
 
 
 
 B 
 
 E 
 
 B 
 ^1 
 
 137 
 
 j1 
 
 A 
 
 COTTAGE GROVE SCHOOL— Second Story. 
 
 THE CAEPENTBB SCHOOL BUILDING. 
 
 This building is four stories high, exclusive of the basement.. 
 The basement is mainly divided into four rooms, with corridors, 
 and stair-ways; one of the rooms being used for the fan, steam 
 engine, condensers, etc.; one for fuel, and the other two as 
 places of recreation for the pupils in inclement weather. The 
 principal, or ground floor has four school-rooms, each having a 
 wardrobe and teachers' closets attached; spacious corridors, 
 with entrances on each side of the house for pupils, and a, 
 principal entrance in front. The side doors do not open 
 directly into the corridors, but into vestibules, from which other 
 doors open to the corridors, and also to the stair-ways leading 
 to the upper floors and to the basement. The second and third 
 stories only differ from the first by having windows in place of 
 the entrances and vestibules of the first floor, and in having on 
 each floor a reception or Principal's retiring room, ten by twenty 
 18 
 
138 SCHOOL AKOHITEOTUBE. 
 
 feet in area, cut off from the corridor running towards the 
 front of the house. 
 
 The wardrobes of the second floor are only a half story in 
 height, by which room is afforded for dressing rooms fojr the 
 teachers, with entrances from the landing, furnished with water- 
 closets, wash bowls, and all modern toilet conveniences. The 
 design also contemplates appliances for washing in every ward- 
 robe of the building. The fourth floor contains two school- 
 rooms, each having a spacious wardrobe and teachers' closet, 
 and an assembly or exhibition hall sixty- five by thirty-three feet 
 in area, with two wardrobes and teachers' closets. The school- 
 rooms are wainscoted two and one-half feet from the floor with 
 ash, oiled and varnished, above which are black-boards four 
 feet wide, extending entirely around the rooms. The corridors 
 are wainscoted five feet, and the wardrobes seven feet high 
 with ash, oiled and varnished. Each room has independent 
 ventilating shafts in both the exterior and interior walls. The 
 building is sixty-nine by eighty-seven feet on the ground, and 
 each school-room is twenty-seven by thirty-three feet in area. 
 The rooms of the first story are twelve feet four inches in the 
 clear; of the second and third stories, thirteen feet six inches; 
 and of the fourth story, fourteen feet ten inches. 
 
 The exterior is entirely devoid of ornamentation, save in its 
 bold, projecting buttresses which form the ventilating and 
 chimney shafts before mentioned, and its deeply recessed door- 
 ways, with their massive buttresses on each side. The build- 
 ing is to be warmed by a low-pressure steam apparatus, the 
 boiler being located in a separate building, at the rear of the 
 main building. Ventilation is to be secured by the use of a 
 fan in the basement, driving the heated air in winter, and 
 cooled air in summer. 
 
 Each of the rooms, including the hall, is furnished with sixty- 
 three single combination desks and seats of the most approved 
 pattern and workmanship, from the manufactory of Messra 
 George & C. W. Sherwood, of Chicago. 
 
SCHOOL ARCHITECTURE. 
 
 139 
 
 The cuts of these buildings were furnished by J. L. Pickard, 
 Esq., Superintendent of Public Schools, of Chicago. The 
 description of them was taken from his very able reports of 
 1867 and 1868. 
 
 CARPENTER SCHOOL— First Stort. 
 
140 
 
 SCHOOL AECHITECTUEE. 
 
 CARPENTER SCHOOL— Sbcokd akd Thikd Stobies, 
 
i 
 
 i\ 
 
 v*'-^' 
 
 
 P B~.l - ==J 
 
 
 Ju 
 
 
 w; P" 
 
 sfi^ 
 
 
•SCHOOL XROHTECTUEE. 
 
 141 
 
 CAEPBNTER SCHOOL— Fourth Story. 
 
 THE HAVEN 6CH00L BUILDING. 
 
 By the courtesy of the Architect, G. P. Eandall, of Chicago, 
 we are permitted to exhibit here the plans of the Haven school- 
 house, Chicago, which is pronounced by Superintendent Wells 
 the best school-house in that city. Only the first and fourth 
 floors are shown here; the second and third floors being similar 
 to the first. The arrangement by which the pupils pass 
 through the wardrobes in going to or from the school-rooms, 
 greatly facilitates the entrance and dismissal of the schools. 
 
142 
 
 SCHOOL AHCHITECTURK. 
 
 HAVEN SCHOOL— Ground Flooh. 
 
 A A A A — School-Booms. 
 
 B B B B — Wardrobes. 
 
 C C C C — Teachers' Closets. 
 
SCHOOL ABCHITECTURB. 
 
 'ilk 
 
 143 
 
 HAVEN SCHOOL— FouBTH Floor. 
 
 The Haven school-building, Chicago, Illinois, was named 
 after Luther Haven, President of the Board of Education of 
 Chicago, at the time of its erection. It is located on Wabash 
 avenue, on a lot with 150 feet front. The building is three 
 stories high, with a basement and attic. The plans here shown 
 are of the principal storj and the attic; the latter of which 
 (4th floor,) is 14 feet high in the clear, and contains a hall 66 
 
144 SCHOOL AECHITECTUEE. 
 
 feet by 38 feet 8 inches, for general exercises of the school, \Jith 
 closets for apparatus, teachers' closets, and wardrobes attached; 
 and a gymnasium in which the female pupils of the school may 
 exercise in inclement weather. Owing to the peculiar con- 
 struction of the roof, this attic story is quite as serviceable for 
 the purpose for which it was designed, as would have been 
 either of the fall stories, and it cost much less. 
 
 The basement is mainly divided into four large rooms, with 
 corridors and stairways; one of the rooms being used for fuel, 
 and the balance as a place of recreation for the boys in foul 
 weather. 
 
 The principal or ground floor has four school-rooms, each 
 having a wardrobe and teachers' closet attached; spacious cor- 
 ridors, with entrances on each side of the house for pupils, and 
 a principal entrance in front. The side doors do not open 
 directly into the corridors, but into vestibules, from which other 
 doors open to the corridors, and also to the stairways leading 
 to the basement. 
 
 The second and third floors only difler from the first in hav- 
 ing windows in place of the outside doors and vestibules of 
 the first floor; and the second floor has a reception or princi- 
 pal's retiring room; about 10 by 20 feet, cut off from that part 
 of the corridor toward the front of the house. 
 
 In passing to and from the school-rooms, the pupils vrill 
 generally pass through the wardrobes. Each of these rooms 
 are wainscoted from the floor about 2^ feet high, and the cor- 
 ridors and wardrobes from 5 to 7 feet, with boards, neatly 
 grained and varnished, (as is all the interior wood-work,) and 
 above this, on each side of the rooms, are black-boards. 
 
 The rooms are ventilated through the large ventilating shafts 
 or buttresses in the exterior walls. The building is 68 by 86 
 feet on the ground, and each school-room 27 by 33 feet, and 
 thirteen feet high. The exterior is in a plain Americo-Italian 
 style of architecture; is entirely devoid of anything like orna- 
 mentation, save in its bold, projecting buttresses, which form 
 the ventilating and chimney shafts before mentioned; its deeply 
 
3RANCH. 
 ADEIAN, MICHIGAN. 
 
: .-,*-.' W? ^p 
 
 
 ";V 
 
 
 'mmm^ 
 
 •i%V:^'^-rw 
 
 ADRIAN, MICHIGAN. 
 
SCHOOL AKCHITECTURE. 145 
 
 recessed doorway in front, with massive buttresses on each 
 side; and its elegant mansard roof, the steep, sloping sides 
 which, covered with slate, and pierced with dormer windows, 
 gives it altogether a unique and pleasing effect. Externally, 
 the finish of the basement, to the principal floor, is stone. 
 Above this the building is faced with red, pressed brick, and 
 has stone dressings to doors, windows, buttresses, &c. 
 
 The building is warmed by a boiler located in a room at the 
 rear of the building, H, rising no higher than the basement. 
 The whole amount of pipe for the steam, is 13,294 feet; there 
 being in each room 161 square feet of radiating surface, or one 
 square foot of radiating surface to 75 cubic feet of air. 
 
 The Haven school-building is designed to accommodate 756 
 pupils. 
 
 SCHOOL-HOnSES IN ADBIAN. 
 
 By the politeness of the Board of Education of the city of 
 Adrian, the plates for engravings of their school buildings have 
 been furnished for this work, and part of which are inserted. 
 The Central building is the frontispiece. There are more 
 expensive buildings in the State; but in architectural style, as 
 well as in its perfect interior arrangement of halls, stairways, 
 rooms, heating and ventilating, it must take precedence of all. 
 It is only to be regretted that the site could not be larger; 
 though it is as large as could well be expected, in the heart of 
 so dense a population as surrounds it 
 
 The general plan of the building, both exterior and interior, 
 was designed by F. E. Stebbins, Esq., now President of the 
 Board of Education, and the details of style and ornamenta- 
 tion, &c., were worked up in accordance with the plan, by Mr. 
 A. Barrows, Architect, of Adrian. Mr. Stebbins had the gen- 
 eral superintendence of its construction, and the people award 
 him high praise for the economy with which it was erected. 
 Scarcely any one fails to express surprise that it could be built 
 for seventy-five thousand dollars. I speak of this, in illustra- 
 19 
 
146 
 
 SCHOOL ARCHITEOTUEE. 
 
 tion of the importance of putting practical men, who have had 
 experience in building, upon building committees. . 
 
 The interior arrangements will be seen from the accompanying 
 diagrams. The entire seating is from the manufactory of Chase 
 &Son,Buffalo, N. Y.: 
 
 ^ 
 
 D'D-D-D-D-D'D'CHUjn- 
 ' [HHHJ(HH1-[KH]-Q-. 
 
 □•D-CHM-M'D-O-M! 
 ' D-IHHHKHl-Q-M'Di 
 
 D'D-O-M-M-DOD-Ch 
 
 ;.; fl-D-D-D-a'CHi'D-a-D-O' 
 
 n-D-M-O-D-D-D-MCK 
 
 D.O.[KK].n.D.t>I>Btfi 
 iD-D-D-D-D-D-D-M-D-K 
 
 ■Q-n-afliiiHttniiiM];' 
 
 tra-QCHHHJDa-ab-i i 
 
 MKHKHHUUKKJ.' ' 
 .tHKHW-DCHWOOs , 
 ..[HKHm-nODODOsI 
 itMMJ[H>DtHKHH>f 
 
 ADRIAN SCHOOL— FiBST Story. 
 
SCHOOL AROIITECT0EE. 
 
 147 
 
 ADRIAN SCHOOL— Second ' Stobt; 
 
 ADRIAN SCHOOL— Thikd Stobt. 
 
148 SCHOOL abchitectdbe: 
 
 The plates for the five following designs were kindly fur- 
 nished for this work by G. P. Eandall, Esq., Architect, of Chi- 
 cago, whose excellent taste and jndgment, and extensive 
 patronage, have done much for the architecture of public build- 
 ings in Illinois, and in other States. ''^ 
 
 The estimated cost of the Marshall house is $40,000; that at 
 Aurora, $65,000; that at Winona, $42,000; and that at Madison, 
 $16,000. The cost of that at DeKalb is not given. All are 
 designed with taste, and will give valuable hints to those 
 designing to erect buildings of that class. In all, except the 
 Madison building, considerable is expended mainly for archi- 
 tectural beauty. But such is the spirit of the age. And, is it 
 a waste? A school-house costing twenty thousand dollars, 
 should stand a hundred years. What if ten per cent., or two 
 thousand dollars of that cost, is merely for ornament ? It is 
 simply the difference between a building that the next genera- 
 tion will perhaps tear down from very mortification, and one in 
 which the people shall take pride, and win the applause of the 
 world. Styles may change; but a building designed with taste, 
 can never become unsightly. Boston would hardly duplicate 
 Faneuil Hall at this day; yet, there it stands, venerable with a 
 hundred years, as well as glorious in its history; and Bostoni- 
 ans would not exchange it for any building of later style, at 
 twice its cost. If we expect to keep up with the varieties of 
 style, we must build for not more than fifteen or twenty years. 
 But this would be most expensive of all. It is economy, there- 
 fore, to build with a taste so true in itself, and not the creation 
 of a mere fashion, that our work can bid defiance to changes 
 in style in the future. 
 
 To do this, one of two things is absolutely requisite. The 
 first is to obtain the aid of a skillful Architect. As well might 
 a district board engage in a lawsuit involving fifty thousand 
 dollars, without a lawyer, as to attempt to build a house of 
 
 * la baving occasion to commend Mr. Bandall's ability, it is but just to ny that we 
 Itave, also, Architects in our own State, of eminent ability. 
 
— j'yM 
 
 If ? 
 
 'f| 
 
 L g 
 
 1 \ UH 
 
 rE '^ 
 
 %m 
 
 1^' 
 
 ■^ 18 
 
 Ls 
 
 ^^jM^t 
 
 ■ il H 
 
 **ill 
 
 
 ■|lJ Jff -PMH 
 
 n 
 
 Wil 
 
 
 
 I K 
 
I ll 
 
 III, 
 
 
 ' -dsL/* 
 
SCHOOL AKOHITECTDEE. 149 
 
 equal value, without an Architect. No man, unless he is a pro- 
 fessional Architect, or a mechanic of so much natural taste and 
 experience that he is such practically, can plan the details of a 
 large building that will command admiration. Some men may 
 think they can; and good Architects sometimes spoil a building 
 because the owner thinks he knows the most, and insists upon 
 his own way. 
 
 But it is not enough that we employ a man calling himself 
 an Architect. This profession, as well as others, has its quacks . 
 One is a mere copyist, and can do nothing except what he finds 
 in the books, or what he has seen others do. Such a man will 
 prove skillful in piling on the expense, if in nothing else. 
 Another has forms of beauty struggling for development, in 
 his own mind, never yet put upon paper, or wrought into the 
 massive pile. He will, perhaps, accomplish more in the effect 
 produced, with thirty thousand dollars, than another can with 
 forty thousand. In employing an Architect, therefore, take 
 care. Learn the cost of buildings designed by different men, 
 and employ him who has shown ability not only to plan the best 
 building, but to do it at the least expense. 
 
 The Madison school-house is a good, but plain building, 
 costing sixteen thousand dollars, — such a house as the district 
 wanted. Suppose ten per cent., or merely one year's interest 
 on the cost, had been added for mere ornament. It would 
 have made it equal to the North Branch house, in Adrian, 
 which cost $13,000 in 1861. Is it not the first impression upon 
 the mind that the latter would cost considerably the most ? Or, 
 take the High School building at Winona, costing $42,000. 
 Suppose in a fit of economy, or parsimony, or poverty, ten per 
 cent., or $4,200 expended for style had been saved. The build- 
 ing must have been as plain as that at Madison, looking all the 
 more unsightly in proportion to its greater size. 
 
 These remarks, of course, are applicable to buildings con- 
 structed of imperishable material. If a district is obliged to 
 
150 SCHOOL ABCHITECTUBE. 
 
 build of wood, the general style of the Madison house would 
 be very appropriate. 
 
 The first requisite to success, as above stated, is to secure a 
 good Architect. This, however, may be dispensed with, if you 
 have a skillful builder, and can find a building to which he can 
 have access, and which you propose simply to copy. With so 
 many fine school-houses, and so great a variety in expense and 
 style as we now have in the State, this may sometimes be done. 
 But, in attempting this, it should be remembered that what is 
 a perfect model in one location and situation, may not look as 
 well in a di£ferent locality, on a differently situated site. A 
 building in the centre of a block would be in very bad taste on 
 a corner lot, and vice versa. 
 
 Our State is becoming as celebrated for its fine school build- 
 ings as it is for its school system. And the reputation of the 
 latter has been acquired more from the interest and zeal with 
 which the people have administered it, than from any very 
 superior excellence in the system over that of several other 
 States. So our noble school-houses are not the result of our 
 school syatem, but the outgrowth of the intellect and heart of 
 the people. In 1867, we expended upon school-houses, $545,- 
 437; and in 1867, $805,706; the total valuation, at the latter 
 date, being $4,303,472. All this is done by voluntary self- 
 taxation, and is a better criterion of the educational spirit of 
 the people than the schools themselves, since they are main- 
 tained, to not far from half the amount, by public funds and 
 statutory taxation. I have yet to learn of a district where a 
 first-class house has been erected, and the people wish the 
 money back in their pockets. 
 
 The preceding remarks have been in relation to external 
 architecture; for there is where the heaviest expense for style 
 and effect must be made. Mr. Randall, in his book of designs, 
 well remarks: 
 
 "Externally, a school-house may be ornamented to suit the 
 tastes of the people. Internally, there is no occasion for much 
 
SCHOOL AKCHITECTURE. 
 
 151 
 
 ornamentation beyond that of simple neatness; and this can 
 be obtained without other expense than that of moderately 
 moulded architectures for doors and windows, with walls 
 wainscoted all around below the black-boards, inside blinds 
 to the windows, and the whole grained in imitation of oak^ 
 ash, or other light woods. 
 
 "But it is the arrangement and perfection of these and . 
 numerous other details, that goes to make up ai model school-' 
 house; and while it is not necessary that money should be 
 spent in useless ornamentation, there are certaiin things that 
 are absolutely necessary in a modern school building; and no 
 community in which there are children to be educated, is so 
 poor that it cannot afford a decent school-house." 
 
 But a word with regard to the expense. If a man pays a 
 dollar in cash and gets an equivalent in something else, he ha9 
 incurred an expense, but he has lost nothing. The money paid 
 for shoeing a horse increases its practical value vastly more 
 than the expense. The same is true concerning the paint upon 
 a house. The value is much more than returned, without ref-: 
 erence to ornament. So, money expended for a 'school-house 
 is not merely a waste incident to education, bringing no mate- 
 rial return; but it is doubtful whether there is a school-house 
 in the State, where the property in the district is not increased 
 by its erection more than the cost. Take a country district of 
 six sections of land, with fifty children. It will necessarily be 
 a tolerably well-settled, thrifty community of farmers, with w;ell 
 cultivated farms. Let them build a school-house costing two- 
 thousand dollars. Can any one doubt that the 3,840 acres of 
 land in the district, with all its improvements, will be increased 
 in value more than that amount ? On the other hand, let such 
 a district lose such a house by fire. Does any man believe he 
 could sell his farm for as much as before, into fifty-two cents 
 per acre ? That would be about each acre's proportion of the 
 loss. But, farther: Let the district resolve that it will not le^ 
 
152 SCHOOL AROHITEOTTJBB. 
 
 build, and the farm would not only depreciate in value, but it 
 would be difficult to find a customer at all, if the owner wished 
 to sell, as he would be likely to do, in order to go somewhere 
 where he could educate his children. 
 
 Suppose the four millions in value of school-houses in the 
 State were burnt up in a night, and the people should resolve 
 that only one million should be spent to replace them ? How 
 would it affect the market value of the property of the State? 
 What would be the effect upon immigration ? Thousands have 
 made their homes in this State because of the reputation of 
 our common schools. Turn the dial backward; destroy that 
 reputation at a blow; and the effect upon immigration and 
 upon values would be astounding, could the exact loss be 
 defined. It can only be imagined by looking at the South, 
 where poor schools, or no schools, and cheap lands have gone 
 together, from time immemorial. Money expended on a man's 
 own dwelling will increase the value of his property no more 
 than that paid in the erection of a good school-house. Let us, 
 then, as a matter of pride, profit, and educational interest, have 
 good school-houses, and furnished in corresponding comfort 
 and style. 
 
 The accompanying plan for a rural district is designed for 
 sixty-eight seats; comfortably seating sixty pupils — with eight 
 seats in front, reserved for recitation seats. The building is 
 plain, but with the slight additional expense of arched win- 
 dows and double door, and a very little ornament upon the 
 cupola, it will make a very good appearance. 
 
 When a district comes to have more than sixty pupils, it is 
 recommended, not to enlarge the room, but to have two rooms, 
 and two teachers. We have seen ninety children crowded into 
 one small room, with one teacher. Such a proceeding is 
 equally absurd in an intellectual and physical view. 
 
,-' ^■"■■'^ 
 

SCHOOL ARCHITECTURE. 
 
 153 
 
 13 LZ] cn [ZIJ 
 
 =] LZ] [ZD [IZ] 
 
 Z] [ZD zz zz 
 
 ZH ZZ ^ [=] 
 
 ZH-ZZ [ZZ zz 
 
 Z3 CZ ZI] ZU 
 
 "Z CZ LZ ZD 
 
 dLHl 
 
 D 
 
 A — Fire-place and Chimney. 
 
 B — Teacher's Platform. 
 
 — Stove. 
 
 D — Wardrobes. 
 
 E — Entrance Hall. 
 
 E is the front hall, with a door directly to the school-room 
 for teachers and visitors, (never for pupils, as a rule), and to 
 the right and left into wardrobes D; one for boys and one for 
 girls, from which they pass, respectively, through another door 
 to the school-room. 
 B is the platform, and F, the teacher's closei 
 C is the stove, the pipe going to the right, and turning at 
 20 
 
154 SCHOOL ARCHITECTURE. 
 
 right angles through the center of the room to the chimney, 
 A, \7hich has a small fire-place, with hearth, with register for 
 the outlet of cold and impure air. 
 
 The side windows nearest the front are inserted for external 
 appearance; but it would be well to permanently/close them 
 on the interior. The remaining four side windows, and two in 
 the rear (not shown in the diagram), are amply suMcient; and 
 all should be furnished with substantial inside blinds. Outside- 
 blinds go soonest to decay, and they are so inconvenient, that 
 they will often fail to be opened or shut when they should be. 
 
SCHOOL FUENITUBE. 155- 
 
 SCHOOL FUHmTUKE. 
 
 The time has been when a board placed against the wall for' 
 a desk, and a seat made of a slab, or plank, with round legs 
 driven into an auger hole, on which the pupils sat facing thfr 
 wall, with not a table or chair in the room, constituted the- 
 furniture of an ordinary school-room. But this was when thfr 
 rich man's parlor might be described in the language of the- 
 poet — 
 
 " The white- washed wall, the nicely sanded floor, 
 The varnished clock that clicked behind the door." 
 
 Common people dreamed not of carpets, and the old fashioned^ 
 clock-case reaching to the floor, like a perpendicular cofSn, 
 was a luxury for the rich. 
 
 It was an era in school matters when seats began to be- 
 made to face the center, with desks before them ten or twelve- 
 feet long, and the teacher was furnished with a plain pine< 
 table and a wooden chair. So was it when the family ceased 
 to wash sand for the parlor floor, and made, or bought a, 
 carpet. 
 
 But the improvement in house furniture has gone on till the 
 " varnished clock " is consigned to the garret, gilt paper takes, 
 the place of white-wash, marble that of mahogany, and rep, or- 
 plush, that of rush bottoms. The progress of ideas relative 
 to school-houses, has pretty nearly kept pace with our advance^ 
 in private dwellings; but while we feel that the coarse and 
 scanty furniture of the past for our houses will not answer 
 now, corresponding progress has hardly been made in our 
 appreciation of good and tasty furniture for the school-house.. 
 
156 SCHOOL rOBNITDEE. 
 
 We know that convenience and beauty in our homes teach 
 ipropriety and civility in our children. Should not the furnish- 
 ing of the school-room teach them the same lesson ? Surely, 
 the matter can need no argument. Happily, the people have, 
 within the past ten years, been awaking to the importance of 
 this subject, as is shown in the fact that extensive manufacto- 
 ries of school furniture have sprung up in various parts of the 
 -country, and school-houses are fitted up with seats, desks, &c., 
 from a thousand miles distant. This furniture costs some- 
 what more than a pine or basswood board; but it will be in 
 -good order when the pine desk would have fallen a prey to the 
 boys' knives. And the economy with which it is manufactured 
 'by establishments doing that work exclusively, with labor- 
 saving machinery, with styles more or less plain, brings the 
 •cost within the means of almost every district. 
 
 It is earnestly recommended, that for any school-house 
 above the grade of a log house, the rough, uncouth, back- 
 breaking benches of the past be forever discarded, and their 
 places supplied with the easy, tasty furniture from some school 
 furniture manufactory. It was the wish of the Superintend- 
 .ent to give, in this work, specimens of the furniture that can be 
 thus obtained. Application was made to a few manufacturers 
 for the use of their cuts; and the following engravings are a 
 portion selected from a large number kindly furnished, with- 
 out expense to the Department, by W. Chase and Son, Buffalo, 
 N. Y. Parties wishing to purchase of this firm can, by corres- 
 pondence, obtain circulars with a still larger number, includ- 
 ing teachers' des^s, book-cases, &c., and the terms of each 
 article, indicated by the number. 
 
8QH00L PURNITUBB. 
 
 15T 
 
 No. S.—Neiv Primary Desk and Seat. 
 
 This Desk is designed for Primary or Intermediate Departments, made- 
 «t hard wood, finished in oil, unless otherwise ordered. 
 Standard length 3 feet, hight of seat 12 inches. 
 
 ,xs» ~ 
 
 No. 9.— Double Primary Desk and Cbalrs. 
 
 Two hights. Hight next the scholar, 22 and 23 inches. 
 So. 8 is the same style, for one pupil. 
 
158 
 
 SCHOOL rUHNITTJBE. 
 
 IVo, 10.»Porlalble Intenuedfate Single SesICiand Clialr. 
 
 Two sizes. Hight, side next the scholar, 23i and 35 inches ; 31 inches 
 long and 14 inches wide. Hight of Chairs, 13J and 13^ inches. 
 No. 11 is the same, for two pupils, 
 
SCHOOL FUKKITUBB. 
 
 159 
 
 No. 14.— Grammar Double Desk. (Portable.) 
 
 Nos. 13 and 14^with. back of Desk projecting aljoye the top, as shown 
 in Nos. 18 and 19, when so -desired. 
 
 Hight of Desk, (Nos. 13 and 14,) side next to the scholar, 25^, 36^, and 
 38 inches. Chairs 13J, 14J and 151 inches. Desk 3 feet 8 inches long. 
 
 No, 13 is the same, for one pupil. 
 
160 
 
 SCHOOL FUBNITUKE. 
 
 No. 51.~(New Design,) Folding Curved Seat Desk. 
 
 Five bights, same as No. 35. 
 
 This seat turns np, and Is as comfortable as a seat can well be, ■without 
 a cushion. 
 
 No. 17.— Single Grammar Desk and Clialr. 
 
 35, 2&iand28. Three bights. Length, 2 feet S.incbes. 
 No. 18 Ls the same, for two pupils. 
 
SCHOOL rUBNITUEE. 
 
 161 
 
 Tio. ID.—Blgb Scbool Double Desk and Cbalrs. 
 
 Three sizes — 24, 36 and 38 inches. 
 
 Each cover opens a separate apartment in the. desk^ designed for the 
 exclusive use of one scholar. Made either with panel or solid tops. 
 No. 30 is the same, for one pupil. 
 
 21 
 
162 
 
 SCHOOL FUBNITUBE. 
 
 No. 12.— CoBtblnatlon Desk and Seat. 
 
 Eagle Pattern. Length, 3 feet 6 inches. 
 
 rour sizes, from 10 to 16 inches in hight. The last in each row is » 
 aeat, as in No S5. Over 30,000 of these are now in use, and give entire 
 satisfaction. 
 
SCHOOL rURNITUEE. 
 
 163 
 
 No. 25.— Intermediate Curved Folding Seat. 
 
 Two higlits, 13 and 14 inches. Length, 3 feet 3 inches. 
 
 No. 25.— Grammar Folding Seat. 
 
 Two hights, 15 and 16 inches. Length, 8 feet 6 inches. 
 
 No. 25.— Primary Curved Folding Seat. 
 
 Two hights, 11 and 13 inches. Length, 3 feet. 
 
164 
 
 SCHOOL rURNITUBE. 
 
 No. 36.— ComUned Gradnated DeslE, nrltb Hinge Seat. 
 
 Seat like 35, when desired. 
 The Graduated Desk possesses many advantages. It is so constructed 
 as to be changed at will from a Priniaiy to any of the higher departments. 
 
 Tio, 28.~Teacliers' Defsk. 
 
 Plaii or with cloth top. 
 
SCHOOL FURNITURE. 
 
 165 
 
 No. 33.— Teachers' Desk witb two Drawers. 
 
 Inclined Top and^Deep Tray. 
 
 No. 34 is similar, witli iron supports. 
 
 No, 31. "Teachers' Desk. 
 
 With Five Drawers and Closet. 
 
 No. 39 is similar in style except no Closet at the right hand. 
 
166 
 
 SCHOOL PORNITUEB. 
 
 No. 40.— Single Combination Cliair Seat Desk. 
 
 The desk and seat are so arranged tliat they can be lowered or raised, 
 making three different hights — a very desirable feature in small district 
 schools, where a large class of scholars are to be accommodated in 
 winter, and smaller ones in summer. Three hights, 11, 13 and 15 inches. 
 
 ]Vo. 41. —Double ComMnatlon Cliair Seat Desk. 
 
 This combines all the advantages of both the single and double desks. 
 
SCHOOL FDENITDKE, 
 
 167 
 
 No. 27. —Recitation Seat. 
 
 This is one of the most desirable styles of recitation seat. Hight ol 
 seat 15 inches, made any length desired ; standard length, 8 feet. 
 
 Patented May 18, 1869, 
 ]Vo. 38.— Cliase's Railroad Settee, Jiew Oesign. 
 
 The legs and arms of each are in a single piece of hard 'wooid, h^nt. 
 Another style is similar, with stationary hack, and the front leg'and][aiiB 
 in one piece. 
 
les 
 
 SCHOOL rUKNITUEE. 
 
 No. 23.— Collegiate Desk and Cbalr, wltb Portfolio. 
 
 Three sizes, 24, 25 and 38 inches, side next the scholar. 
 
 Samples of school furniture were expected from some other 
 manufacturers, but have not been received. As regards style, 
 fhe foregoing ■wDl, perhaps, answer every purpose. The ques- 
 iaon of buying from this man or that, is not so much one of 
 style, as of convenience, cost and quality. In these respects 
 fhe facts can be ascertained in such manner as the circum- 
 Mances and ability of school officers may deem best, by inquiry 
 ■of those who have purchased, by correspondence, or by visiting 
 different manufactories. 
 
SCHOOL OFFIOBKS. 169 
 
 TO SCHOOL OFPICEES. 
 
 In closing this work, a few remarks to school officers in 
 regard to their labors and duties, seem desirable. 
 
 The number of officers who are concerned, and most of them 
 intimately so, in the administration of the school laws in the 
 State is now about nineteen thousand. This includes county 
 superintendents, county clerks and treasurers, town treasurers 
 and supervisors, school inspectors and district officers. It would 
 be surprising indeed, if, in this great number, there were not 
 many who failed to perform their duties at aU times wisely and 
 well — some from ignorance of their duty, and some — ^perhaps 
 more — from inattention and carelessness. And yet, not a fail- 
 ure can be made without its unhappy effect upon the great 
 cause. These officers have the raising, safe keeping and dis- 
 posal of about two and a half million dollars per annum. How 
 are the million people for whom they do the business, to know 
 that these funds are safely kept and properly applied ? Only 
 by the accounts being carefully kept and correctly reported. 
 
 The men who handle large sums are generally competent, 
 and feel the importance sufficiently to secure faithfulness and 
 correctness.. But most of this money goes, at length, into 
 the hands of the district officers; and the responsibility is 
 divided among some fifteen thousand men. As the amount 
 diminishes, a man is inclined to feel less responsibility; until 
 he has an impression that a record kept in his head is all that 
 is necessary, and his memory the only ledger required. And 
 yet it is just as important in fact, that the accounts of two 
 and a half million kept by fifteen thousand men, should be cor- 
 22 
 
170 SCHOOL OFFICERS. 
 
 rect, as when kept by the few before it reaches the districts. 
 The difference is only this: in one case the loss of money is 
 likely to be known; while in the other, it may never be. If the 
 Superintendent of Public Instruction, in apportioning the 
 Primary School money, should give an amount too small by 
 one to ten dollars to five hundred districts, he would soon hear 
 from nearly every one of them, with a wish to know why they 
 had not got all their money. Such inquiries are now frequently 
 madej and it is almost invariably found, in case of error, to be 
 the result of the insufficiency of the Directors' Beports. But 
 the officers of a thousand districts might lose or misappropriate, 
 from one to ten dollars each, and the people of not one hundred 
 districts might ever know it. 
 
 It is not here charged that the school moneys are thus lost 
 to the districts; but it would be strange if they were hot, more 
 or less, considering the loose way in which the district accounts 
 are so often kept. And if we presume that money is sometimes 
 lost, it does not foUow that the officers are to be suspected of 
 designingly wronging the districts. It can be quite as ration- 
 ally, and more charitably accounted for, in their carelessness in 
 "keeping the accounts." We fully believe that if money is 
 thus lost to the districts, ten doUarsare lost through mere error,, 
 to one that is lost by design. 
 
 But the point here is, not so much whether money is lost by 
 district officers, or if so, how much; but admitting everything 
 to be right, they should be able to show at all times, that it is 
 so. It is a sad truth, proved by the Directors' Beports, that the 
 officers of hundreds — it might not be unsafe to say thousands — 
 of districts, when the annual meeting comes, and the law re- 
 quires a fall report of the finances of the district, cannot give 
 it. They turn over the leaves of memory — they take a hard 
 lesson in mental arithmetic — they can think of so much money 
 received, from such and such sources, and so much paid out;, 
 the amounts do not agree; and yet they are confident they have 
 paid out all they have received^they know they have intended. 
 
SCHOOL OFFIOBRS. 171 
 
 to be honest — but what the facts are, they are as ignorant of, as 
 their constituents; and the Director's Report must show a bal- 
 ance by inserting figures solely for that purpose, or go unbal- 
 anced, showing more money paid out than was received, (an 
 impossibility,) or more received than paid, with nothing on 
 hand, and the district never knows whether its money has been 
 lost or not. 
 
 Now it is due, as much to the officers themselves, to avoid 
 the suspicion of dishonesty — or at least of incompetency — as 
 in justice to the districts, that these things should not be so. 
 We could have more patience with them if there was any ne- 
 cessity in the case. But there is not. Any man Who can write, 
 can keep the district accounts so that every cent can be ac- 
 counted for. All that is absolutely necessary, is to keep an ac- 
 count of every transaction — and make it at the time — so that 
 by reference to it, the fact may be known. Men as often fail in 
 their aims by attempting too much, as in any other way. A 
 man who knows nothing of " keeping books," would better not 
 attempt it. If he does, he will succeed as well as a man would 
 in talking Latin, when all he knows of it is from the Latin 
 phrases he sometimes hears quoted. But take the illiterate 
 man; and there are many such, who are men of very sound 
 judgment, and can make very good school officers; but in his 
 own affairs he keeps no books, trusting entirely to his memory, 
 or the books of those vyith whom he deals. If he cannot write, 
 (for I suppose an extreme case,) he must have some one in his 
 family or near at hand, who can, who will write for him. Let 
 him get a little blank book — or make one — or, if he can do no 
 better, a sheet of paper, (only that will be so much more liable 
 to be lost,) and if he is a Director, let him keep his record 
 after this fashion: 
 
 "A. B., Director of school district No. 1, township of 
 Atwood. 
 
 " February 6th, 1869, drew warrant for Assessor, on town 
 Treasurer, for two mill tax, one hundred dollars, and for dog 
 tax, nine dollars. 
 
172 SCHOOL OFFIOEES. 
 
 " March 1st, 1869, drew warrant for Assessor on town Treas- 
 urer, for school taxes, two hundred dollars, and for building fund, 
 four hundred dollars. 
 
 " March 3d, 1869, drew order for J. B. Jones, teacher, on 
 Assessor, for one hundred dollars. 
 
 " June 6th, 1869, drew warrant for Assessor, on town Treas- 
 urer, for primary school money, thirty-Jive dollars. 
 
 " August 18th, 1869, drew order for Jane Wilson, teacher, 
 ■on Assessor, for eighty dollars." 
 
 And so of every transaction touching the funds. The above 
 will readily show how much of the several funds has gone into 
 -the Assessor's hands. 
 
 If he is an assessor, let him in like manner keep an account 
 of all the moneys received, and paid out; in every instance 
 «tating to what fund the money belongs. Or, if he keeps only 
 a statement of moneys received, the orders will show, when he 
 comes to settle his account for the year, what he has paid. He 
 should carefully preserve the orders, because he will be holden 
 for all the money received except what he has orders for. 
 
 If Directors and Assessors will follow these simple instrnc- 
 iions — so simple that he who runs may read — no Director need 
 have any difficulty in making his Annual Beport balance, and 
 the district may know where its funds are. Men who are ac- 
 ■customed to keeping accounts are, of course, wholly inexcus- 
 able if they fail properly to keep the account of the public, 
 when its funds are placed in their keeping. 
 
 Another point to be pressed with especial earnestness upon 
 tschool officers, is the making of their Annual Beports within the 
 time required by law. It is believed that the Inspectors are gener- 
 ally as prompt in this matter as the receipt of the Directors' Ee- 
 ports wiU enable them to be. Directors most fail. The Director's 
 Report is for the year closing with the day previous to the An- 
 nual Meeting. The proceedings of the day of the Annual 
 Meeting belong to the report of the ensuing year. Therefore 
 the Director's Eeport should be completed on the day previous 
 to the Annual Meeting, so that it can be presented to that 
 
SCHOOL OFFIOBES. 173^ 
 
 meeting for its information and approval, or amendment, if 
 errors should be discovered. It is then ready at once to for- 
 ward to the town Clert, after inserting the name and post-oflSce 
 address of the director for the ensuing year, for the informa- 
 tion of the Superintendent of Public Instruction, who fre-^ 
 quently wishes to communicate with the Director. If all Di- 
 rectors would do this, and make their accounts balance, the 
 Annual Beport of the Superintendent of Public Instruction 
 might be issued from one to two months earlier than it ha» 
 usually been. 
 
 Inspectors should be particularly careful in making their 
 reports^ to copy correctly from the reports of the Directors. 
 Disagreement is often found between the Inspectors' and Di- 
 rectors' Beports received at the office of Public Instruction, 
 This may be from incorrect copying by the Inspectors, or dis- 
 agreement in the several copies of the Directors' Beports. In 
 making these several copies. Inspectors and Directors should 
 carefully compare them, with the help of another person, as 
 printers read proof. It is important that the Director's Beport, 
 on file in his office, and the one sent to the town Clerk, should 
 agree in every particular, with that sent to the office of Public 
 Instruction, and with the several copies of the Inspector's Be- 
 port. This may all be easily secured by care in copying. 
 
 Some difficulty occurs from want of plainness in figures; but 
 not as much as the annoyonce from illegibility of names. In^ 
 writing, a word may be half written, and it can be gathered 
 from the connection; but names are purely arbitrary; and the< 
 names of almost five thousand Directors, embracing English,. 
 French, German, Irish, Indian, &c., written by almost seven 
 hundred different hands, need often a " blind clerk " in the 
 London post-office to decipher. The name of the Director for 
 the ensuing year is often written at first, not by himself, and 
 both blindly written and wrongly spelled. The Inspectors,, 
 perhaps, make the matter worse, and by the time it reaches the 
 Superintendent, the man would not know his own name. On 
 one occasion, a Director's name was reported " J. Folney." It. 
 
174 BOHOOL OFFICEBS. 
 
 was suspected not to be correct, and having occasion to ad- 
 dress him, it was found to be J. F. Olney. But many names 
 are so badly written that they are worse than useless. 
 
 One word with regard to blanks for School Eeports. The 
 Directors usually receive theirs through the town Clerks. If 
 the Superintendent could have the certain address of every 
 Director, it might be better to send them by mail to each, di- 
 rect from his office; but as it is, it is feared many would fail to 
 get them. The town Clerk knows, or should know, every Di- 
 rector in his township, and can supply them with more cer- 
 tainty. It is his duty to supply each Director with his quota in 
 season — say a week before the Annual Meeting. But if a Di- 
 rector does not receive his blanks, and the day for the Annual 
 Meeting draws nigh, he should promply make inquiry of tha 
 iowu Clerk for them; but never think of excusing himself for 
 weeks perhaps, because the blanks have not been sent him. He 
 knowns not but they may have been sent, and miscarried; and 
 if he oever inquires he may never know, and never make his 
 report, and the district never get its public money. 
 
 It has been proposed by some in the Legislature, to amend 
 -the law, so that no district shall draw public money, unless it 
 not only has the requisite length of school, but also make its 
 report both promptly and correctly. The Superintendent of 
 Public Instruction would not advocate a measure so stringent; 
 satisfied to appeal to the good sense and good will for the 
 schools, of the people. It is with no spirit of fault-finding that 
 ithe foregoing remarks are made. He cannot sufficiently thank 
 the ten thousands of his co-laborers in the cause of universal 
 'Common School Education in this State. With very few ex- 
 ceptions, he has everywhere found the noblest spirit, the most 
 •earnest zeal, and most hearty coiiperation. He sees this in the 
 love for, and the activity and espirit de corps of, County Super- 
 intendents, in the abolition of the rate bill, as demanded by 
 the people, in the erection of so many noble school-houses, in 
 the readiness of the people to tax themselves for the schools, 
 in the interest everywhere manifested in the Teachers' Institutes, 
 
SCHOOL OFFIOEKS. 175 
 
 and the cordiality with which, from one end of the State to the 
 other, he is everywhere greeted by men of all classes, laboring 
 together in the great cause. Let us labor on, bearing each 
 other's burdens, and forbearing with each other's failings, striv- 
 ing to make the schools as perfect, and as universal in their in- 
 fluence as they can be, till bigotry itself shall be disarmed, and 
 every child of every class and every persuasion, shall be drawn 
 to the school room, freely to obtain an education, that shall, 
 with proper moral influences, make them virtuous and useful 
 citizens. 
 
 This is a work we can never finish. So long as men are bom 
 to ignorance, they must be trained to intelligence. Ignorance 
 and vice have no remedy in themselves. The enlightenment 
 must come from those who are themselves somewhat enlight- 
 ened. The parent must educate the child. The combined in- 
 teUigence of the State has provided a system of schools alike 
 free to all, but it is only by the individual interest and effort 
 of the people that the system can be imbued with vitality, and 
 the schools be made productive of their highest blessings. 
 
INDEX TO SCHOOL LiWS. 
 
 IBS' The figures immediately following the suijeot refer to the seclim of the law. 
 
 A. 
 
 Apportionment : notice of, to County Clerks \\ 
 
 in case of defective reports ..." • 11 
 
 when it may be made the next year.- . _ " 13 
 
 by Town Clerk, 97, 98. V/.V.V.VeO 61 
 
 to fractional districts, in wliioh town, 139 _ _ '74 
 
 Acceptance : district officers to file, with Birector, 5, 147' 149 "16 78 
 
 AssEssoB : to pay orders of Director, 32. .'... ' '33 
 
 to appear in suits at law, except when a party, 36 ..'.....'.'. 38 
 
 and moderator may hire teacher, 39 ' 30 
 
 with moderator, to audit director's account, 48 " II ^ ! ] II ^ 1 33 
 
 warrants on town treasurer payable to, 53. " 34 
 
 togiye bond, 61 "'"" 41 
 
 money paid to, from old district, 78. IIIIIIIII 53 
 
 to certify judgment to supervisor and director, 125 70 
 
 may be removed by the town board, 136 73 
 
 to collect damage of supervisor, 141 75 
 
 elected by trustees of graded school, 149 IIIIIIIIII 78 
 
 B. 
 
 Bond: to be given by assessor, 61. _ 41 
 
 lodged with moderator, 63 I 43 
 
 of chairman of board of inspectors, 69 ...... 45 
 
 of chairman filed with town clerk, 70 I 46 
 
 county treasurer liable on, 160 _ '_ §5 
 
 for money loaned ,170 _ _" §9 
 
 BoAKD OF Education: election of. I g 
 
 to contract for books, 4 II 103 
 
 to give diplomas to normal graduates 107 
 
 C. 
 
 Constitutional Provisions. _ _. 7 
 
 'Compensation: teachers', to be in writing, 39 39 
 
 of district officers, 49 _ 33 
 
 limited to inspectors, 87, 91 _ 58 59 
 
 for site, determined by jury, 154._ ' §3 
 
 of certain officers, 168 §8 
 
 County Superintendents' Law.. 93-97 
 
 23 
 
i78 INDEX. 
 
 Fagb. 
 
 Chairman : of first meeting — his duties, 4 - 14 
 
 to give oath to challenged voter, 16 - - 21 
 
 may arrest disorderly person, 39 - 26 
 
 of board of school Inspectors, 68 45 
 
 of first meeting — penalty for neglect, 129 71 
 
 County Clbkk: general duties of, 111,112 — 66 
 
 penalty for failure to transmit report, 134 73 
 
 County Thbasubek : to apportion library moneys, 116. . - 67 
 
 interest fund payable to, 119. _ -- - 69 
 
 to apply for school moneys, 136, 69 
 
 money for site deposited with, 160- 85 
 
 to pay moneys on order of judge, &c., 167 88 
 
 County Superintndent : election of , 2 93 
 
 term of, commences May 1st, 3- 93 
 
 compensation of, 4 -. 93 
 
 general duties of, 5-13--. 93-96 
 
 vacancy filled by State Superintendent, 14 97 
 
 certain districts exempt from supervision, 15 97 
 
 counties with less than 10 districts not to have, 18- 97 
 
 Ceetificatb : teacher without, money not paid to, 60 41 
 
 given by inspectors, 85 - - 57 
 
 not given to incompetent person, 88 _-. 58 
 
 maybe annulled, 90 - 58 
 
 of judgment, to supervisor, 135-138 70 
 
 Challenge: of voter, 16, 17 31 
 
 when made after voting, 18 - .-- 33 
 
 Census; when taken — who included, 41 ,^31 
 
 non-residents attending school not included in, 137 ^74 
 
 D. 
 
 DiKBCTOB : to record notice of first meeting, 4 14 
 
 regular election of, and acceptance, 5 15 
 
 when to appear for district in suit at law, 36 38 
 
 to be district clerk, 37 - - 38 
 
 to keep record, &c., 88 39 
 
 to contract with teacher, 39 - 39 
 
 when to take census, 41 - — 31 
 
 6o keep house in repair, provide &c., 48- 83 
 
 to report estimated expenses to annual meeting, 49 33 
 
 to give notice of district meetings, 50. 83 
 
 to draw books from town library, 51, 115 33, 67 
 
 to distribute books, 52 - -- 34 
 
 to draw and sign warrants on town treasurer, 58 84 
 
 to ihake annual report, 54 - 34 
 
 a member of district board, 55 37 
 
 to require bond of assessor, 61 41 
 
 to prosecute bond of assessor, 63 43 
 
 to record report of board, of funds and taxes, 64 43 
 
 of fri. district — to whom to make report, 81 55 
 
 to make partial report — to whom, 83 55 
 
 apportionment reported to, by town clerk, 98 61 
 
 tax reported to, by tovni clerk, 104- 63 
 
 to collect fines for damage to books, 117 _ 68 
 
 judgment against district certified to, 135 --- 70 
 
 penalty for neglect, 130 - 71 
 
 may be removed by town board, 136-- - 73 
 
 elected by trustees of graded school, 149 - - 78 
 
 and moderator to issue bonds, 170 89 
 
INDEX. 179 
 
 Fa&e. 
 
 iDiSTEiCT BoAED : to estimate expense and report to supervisor, 34. 24 
 
 may call special meeting, 13- 19 
 
 when to determine length of school, 35. 25 
 
 dii-ector clerk of, 37 28 
 
 two of, required to sign contract with teacher, 39 29 
 
 who constitute board; 55 37 
 
 to report taxes to supervisor, 56... __ 37 
 
 may buy books for poor children — shall prescribe text books, 
 
 make rules, &c., 57 38 
 
 may admit non-resident pupils, suspend or expel, 58, 164 39, 86 
 
 to buy, lease, build and sell, 59 40 
 
 to apply school moneys, 60 40 
 
 to report finances at annual meetings, 63, 64. 42 
 
 to have custody of school-house, 65 43 
 
 to fill vacancy within ten days, 66 43 
 
 when appointed by inspectors, 146 77 
 
 when changed to six trustees, 148. 78 
 
 when to locate site, 153 81 
 
 to issue bonds, 170. _ 89 
 
 duties of, concerning library, 2 103 
 
 DisTBiCT Ofpicbbs : elected for three years, 5. 15 
 
 to file acceptance within ten days, 5 16 
 
 town treasurer to pay money on warrant of, 109 65 
 
 penalties against, 129, 130, 136.. -_ .71, 73 
 
 when appointed by inspectors, 146 _ 77 
 
 Diplomas: of normal school, 107 
 
 E. 
 
 Election: of district officers, 5, 148,. - 15, 78 
 
 legal voters at, 145 76 
 
 of moderator ^0 fem.,29 37 
 
 to flU vacancy, 66 43 
 
 if not held, inspectors to appoint, 146, 149 77, 78 
 
 of district librarian, 2 . 103 
 
 Expenses : for repairs and appendages raised by tax, 23, 23 
 
 of director, how audited and paid, 48. 83 
 
 P. 
 
 Tines: apportioned by county treasurer for libraries, 116 9, 67 
 
 for damage to books, 118 68 
 
 Form: of notice to taxable inhabitant. No. 1 Ill 
 
 of notice for first meeting, No. 2. - 111 
 
 of indorsement upon notice, No. 3 113 
 
 ' of acceptance by district officers. No. 4.. 118 
 
 of notice of annual meeting, No. 5 113. 
 
 -of request for special meeting. No. 6 113 
 
 of notice for special meeting. No. 7. 114 
 
 'of teacher's contract. No. 8 -. 114 
 
 ■of order upon assessor. No. 9- 115 
 
 ■of warrant upon town treasurer. No. 10 - 115 
 
 ■of report of board to supervisor. No. 11 - 116 
 
 of assessor's bond, No. 13 --- 116 
 
 of chairman of inspector's bond. No. 13 .- 117 
 
 of appointment of officers by board, No. 14.-. 118 
 
 of appointment of officers by inspectors. No. 15. - 118 
 
 of teacher's certificate. No. 16 119 
 
 of notice of meeting to examine teachers. No. 17. 119 
 
 of notice for reexamination. No. 18 130 
 
 of certificate of inspectors fixing site, No. 19. 130 
 
180 INDEX. 
 
 Page:. 
 
 Form: of deed, No. 30 - 121' 
 
 of lease, No. 31 133 
 
 of warrant on town treasurer. No. 33 133 ■ 
 
 of directors' report, No. 33 ..134, 135 
 
 of inspectors' report, No. 34 136-138 
 
 G. 
 
 GrKADBD AND HiGH SCHOOLS, 148-158 78-81 
 
 change of boundaries, 165 87 
 
 I, 
 
 iNSTRircTiON : to be in the English language Z 
 
 of school funds inviolable / 
 
 cannot be paid unqualified teacher, 60 4^^ 
 
 Intehbst: fund, when apportioned, 119 6^' 
 
 on judgment against district, 138.. 7^'' 
 
 on money lost by certain officers , 133-134. 7* 
 
 on bonds not to exceed ten per cent., 170 8^ 
 
 district may raise tax to pay, 171 89 
 
 J. 
 
 Judgment : execution not to be issued on, 134 70 
 
 how collected, 135.. 70 
 
 when party to report to supervisor, 136 70-' 
 
 if fractional district, all supervisors notified, 137 70 
 
 supervisors to assess, 138. 70 
 
 against district for site, 159 85- 
 
 L. 
 
 LiBBAKT : township , director to draw books ,51 33 
 
 to be distributed by director,53. 34 
 
 to receive money collected on chairman's bond, 70 46 
 
 inspector's duties relative to, 73 49 
 
 township or district, 114.. 66 
 
 how distributed, 115,117 ....67, 68 
 
 establishment of district libraries, 1. 101 
 
 duties of district board concerning, 3 103 
 
 district libraries to have library money, 3 103 
 
 where library may be kept, 5. 103. 
 
 rules for 105 
 
 M. 
 
 Mbetinos: annual, when held, 11 18- 
 
 special, how called, 13, 13 19 
 
 six and ten days' notice of, 13 19 
 
 to be called within 13 days on request, 13 19 
 
 of district not illegal, without notice, 14. 31 
 
 oath of voter at, 16 31 
 
 may adjourn — selectsites, 19 33 
 
 may purchase, or lease, buUd, or hire, 31 33 
 
 may vote taxes for repau's, &c., 33... 33. 
 
 may determine extra length of school ,34 _. 34 
 
 may sell school property, 36 26 
 
 may give direction in case of law suit, 27 36 
 
 disturjjer of, may be arrested, 30 37 
 
 penalty for disturbing, 31 37.' 
 
INDEX. 181 
 
 Page. 
 
 Meetings : director clerk of— when clerk pro tern, appointed, 37 38 
 
 with, assessor, to audit director's account, 48 33 
 
 may vote tax for certain expenses, 49- 33, 80 
 
 director to give notice of, 50 33 
 
 may appoint huilding committee, 59- 40 
 
 hoard to report to, 63 43 
 
 to fill vacancies in districthoard, 66 43 
 
 of inspectors to examine teachers, 86 58 
 
 township, to vote amount for lihraries, 107 6,3 
 
 when annual, may elect trustees, 148- 78 
 
 vacancy filled hy trustees, 149 -- 79 
 
 may vote for high school, 150 79 
 
 may vote , tax to pay borrowed money, 171 89 
 
 may use surplus funds for other ohjects, 173 89 
 
 Modeeator: election of, 5 - 15 
 
 duties of, 39 - - 36 
 
 powers of, in keeping order, 30 •-- 37 
 
 and assessor may hire teacher, 39 30 
 
 and assessor audit director's expenses, 48 33 
 
 to require bond of assessor, 61 41 
 
 penalty for neglect, 130 71 
 
 maybe removed by town board, 136 73 
 
 elected by trustees of graded school, 149 - 78 
 
 N. 
 
 Non-Residbnt : board may admit to school, 58, 164 39, 86 
 
 when he may be attached to district, 73 -- 49 
 
 may send to school in certain cases, 137 74 
 
 Notice -. of apportionment by superintendent to county clerks 11 
 
 " taxable inhabitant " to serve, &c., 3 -18, 14 
 
 return of, to chairman and director, 8, 4 -. 14 
 
 when second notice to be served, 7 17 
 
 of district meetings, 13,18 ----- - 19 
 
 annual meeting not illegal for want of, 14 31 
 
 of meeting posted on door of school-house, 50- - - . 33 
 
 to town clerk when fractional district is formed, 81 54 
 
 of meeting of inspectors by town clerk, 86, 91- 58, 59 
 
 of town clerk, of moneys apportioned, 98 - - 61 
 
 by town clerk to supervisor, of certain tax, 104 63 
 
 by supervisor to treasurer, of taxes assessed, 108 - 65 
 
 by town treasurer, of moneys in his hands, 109, 110 65, 66 
 
 by superintendent to county clerks of fund apportioned, 113- -11, 66 
 by county treasurer to town clerk and treasurers, of fiinds, 130. 69 
 
 penalty for not serving notice of first meeting, 139 - 71 
 
 ■of meeting to organize united district ,153- - 81 
 
 O. 
 
 Oath: by challenged voter, 16 31 
 
 if false, deemed perjury, 17 - 31 
 
 to be made to school census, 41 - 31 
 
 P. 
 
 Penalty : for less than legal time of school, 34, 80 - 34, 54 
 
 for disturbing school meetings or school, 31 - 27 
 
 neglect of taxable inhabitant or chairman, 139 - - _ ix 
 
 on district oflScers for neglect, &c., 180 71 
 
 on inspectors, not qualifying, &c., 131- -- 71 
 
 on inspectors, not making report, 133 73 
 
182 INDEX. 
 
 Penalty : on town clerk not transmitting report, 133 73 
 
 on county clerk, not transmitting report, 134 73 
 
 removal from office by township hoard, 136.- - 73 
 
 for neglect to assess school taxes, 141. 75 
 
 may be collected for damage to books, 2-^ 103 
 
 B. 
 
 Rbpobt : of taxes by district board, to supervisors, 34 -- 34 
 
 director to make annual, 54 -- - 34 
 
 of district board to supervisor, of taxes ,56 37- 
 
 of funds and taxes to annual meeting, by board, 68, 64- 43--, 
 
 of school inspectors, 79.. 53 
 
 of director — ^how treated if false, 80 54 
 
 of director in frl. district, to whom made, 81 55 
 
 of children in each township, 83 55 
 
 of director — the basis of apportionment ,97 60 
 
 of directors kept by town clerk, 98 - - 61 
 
 of inspectors — county clerk to transmit, 118 66 
 
 penalty if inspectors fail to make, 182 73 
 
 penalty if town clerk fails to transmit, 133 73 
 
 frl. district in town where report is made, 189 - 74 
 
 of trustees to annual meeting, of funds, 151 - 80 
 
 Recokd : of notice of first meeting, by director, 4 ' 14 
 
 of officers' acceptance, by director, 6 - 15 
 
 of director prima facie evidence, 9 - 18 
 
 to be kept of proceedings, by director, 38 39 
 
 of fepdft of board of taxes, by director, 64 43 
 
 of certificates to be examined by inspectors, 80 54 
 
 by clerk of board of inspectors, 96 59 
 
 Residents : right of, to attend school, 38 - 26 
 
 'school officer must be, 67 44 
 
 exceptions of, in school census, 41 31 
 
 board may admit others to school, 58, 150, 164 39, 79, 86 
 
 Removal : from the district vacates office , tiote _ 45 
 
 of house from leased site, 59 40 
 
 of officers by township board, 136... .-. 72 
 
 of officers in graded school, 149 78 
 
 School: length of, required, 34 24 
 
 length o^ determined, 24,25. 34,25 
 
 penalty for disturbing, 31 37 
 
 teacher for, how employed, 39 39 
 
 statistics of, reported by director, 54 34 
 
 board to prescribe text books, rules, &o. , for, 57 38 
 
 to be visited by inspector, 74 50 
 
 when non-residents may send to, 137 74 
 
 School District: organization of, 1-5 13-15 
 
 when deemed organized, 6 17 
 
 a body corporate, 8 17 
 
 when organized by presumption, 10 » 18 
 
 meetings of, 11-14 18-31 
 
 length of school required, 34 24 
 
 created and altered by inspectors, 71 46 
 
 may contain nine section of land, 71 47 
 
 when non-residents may be attached to, 73 49 
 
 division of property in forming new, 75, 76 51 
 
 formed in more than one town, 81 54 
 
INDEX. i^§' 
 
 Page. 
 School District : money apportioned to, by town clerk, 97, 98 60 61 
 
 map of, by town clerk, 103,103 ' gs 
 
 town clerk to certify tax to superyisor, 104 1 63 
 
 entitled to its own two-mill tax, 107 ^..\[\\[[\[ 63 
 
 having sectarian school to have no money, 131. 69' 
 
 suits against, 133-138 l/../_ 69-71 
 
 rights of non-residents in, 137.- \[\l\\\.V 74 
 
 taxes voted before division of, 138 74 
 
 fractional, which town belonging to, 139 ......... 74 
 
 officers of, appointed by inspectors, 147 78 
 
 when inspectors may appoint officers of, 146 77 
 
 with six trustees , l48 _ ~ 78 
 
 union of, to form graded school, 152 ""_. gl 
 
 judgment against, for site, 159 _'_'_ 85 
 
 to take possession of site, 163 86 
 
 consent of trustees to change boundaries, 165-.- 87 
 
 may borrow moneyand issue bonds, 166 87 
 
 may vote tax for bon-owed money, 171 _ 89 
 
 may otherwise use surplus money, 173 89 
 
 School Architbctueb 129 
 
 School Fttrnitubb 1 _ '_[[ 155 
 
 School Opmcbrs: address to _ ..^ 169 
 
 School-hotjsb : district to build, hire or buy, 31 23 
 
 tax voted for repairs, 33 23 
 
 limitation in tax for, 33 23 
 
 may be sold by district ,36 _ _.. 26 
 
 kept in repair by^director, 48 _ 33 
 
 notice of meeting posted on door of, 50 _.. 33, 
 
 restrictions in buUding, 59, 40 
 
 committee may be appointed to build, 59 40- 
 
 may be used for public meetings, 65 43' 
 
 land taxed for, two and a half miles, 71 47 
 
 rights of non-resident attached to district, 73 _ 49' 
 
 when may be sold by inspectors, 75 ...:., 51 
 
 location of— frl. district regarded in same town, 81, 139- 55, 74 
 
 money borrowed to build, 166 87 
 
 School Inspectors: clerk of, to notify " taxable inhabitant" 1... 13- 
 
 to determiine site in certain cases, 30 _ 23 
 
 to prescribe rules for libraries, 52. ....._ _ 34 
 
 board of— chairman of, 68- ^ 45 
 
 clerk of— board of, 69 _ 43 
 
 chairman of, to give bond, 69 45 
 
 to create and alter districts, 71--.; - 46 
 
 may attach non-residents, 72 ^ 49 
 
 certain duties of, 73 ^...^ 49 
 
 to appoint visitor — where no Co. Supt. ,74 - 50 
 
 to apportion property in forming new districts, 75- 51 
 
 to make annual report, 79 53 
 
 to ascertain if teachers were qualified , 80 - - 54- 
 
 may form frl. districts, 81-..^--. = 54 
 
 to examine teachers, if no Co. Supt., 85 56 
 
 to hold meetings, if no Co, Supt., 86. ..., 58 
 
 may examine teachers at other tinles, 87 58 
 
 not to " quality " incompetent teachers,- 88 _ 58 
 
 may reexamine, and annul certificate, 90 58 
 
 No. of meetings of, for year, 86, 91 , 58, 59 
 
 to make report of moneys to town board, 94. .: 59 
 
 town clerk to be clerk of board of, 96 59 
 
 warrant of , on town treasurer, 109 65> 
 
184 INDEX. 
 
 PAO)!. 
 
 School Inspectobs ; when to divide libraij, 114 66 
 
 penalty of, for not qualifying, &c., 131 - 71 
 
 to pay moneys lost by not making report, 132 73 
 
 may be removed by town board, 136 73 
 
 may suspend 115th section, 144 - 76 
 
 when to appoint district officers, 146, 149 77, 79 
 
 to unite districts for graded school, 152 81 
 
 appeal from, to township board, 173-175 90, 91 
 
 make report to Co. Supt., 11... 96 
 
 to buy books of contractor, 4 103 
 
 School Laws: to be printed - -.. 11 
 
 sections repealed in certain counties 56 
 
 forma for proceedings under - - - Ill 
 
 School Money : apportioned by Superintendent 11 
 
 limitation of tax for building, 22 23 
 
 may be voted for repairs, debts, etc., 23 23 
 
 for paying teachers, estimated by board, 24.- 24 
 
 how drawn from assessor, 32, 53 -- 28, 34 
 
 estimate of, by director, 49-- - 33 
 
 director's report of, 54 36 
 
 report of, to be assessed, to supervisor, 56 - 37 
 
 to be paid over by district board, 60 40 
 
 not to be paid to unqualified teacher, 60 41 
 
 bond for application of, by assessor, 61-.- - - 41 
 
 disposal of, when collected on assessor's bond, 62 42 
 
 annual report of, by district board, 63, 64 -- 43 
 
 chairman of inspectors to give bond for, 69 45 
 
 disposal of, when collected on chairman's bond, 70 46 
 
 Inspectors to apply to town treasurer for, 73 -- - 49 
 
 from old to new district — ^how used, 78 53 
 
 what districts entitled to, 24, 80, 107 34, 54, 63 
 
 report of, by inspectors to town board, 94 59 
 
 apportioned by town clerk, 97, 98, 143 60, 61, 76 
 
 how disposed of in unorganized districts, 107 - 63 
 
 assessed by supervisor, 106, 107 63 
 
 how paid out by town treasurer, 109 65 
 
 application for, by town treasurer, 110 66 
 
 apportionment of interest ftmd, 119 - 69 
 
 county treasurer to apply for, 120 ---:.. 69 
 
 not paid to sectarian schools, 121, 151 69, 80 
 
 paid by inspectors on account oi' loss, 133 72 
 
 paid by town clerk on account of loss, 133 72 
 
 disposal of, when paid by inspectors or clerk, 135 73 
 
 illegal use of, officer to be removed, 136 73 
 
 duties of treasurer in collecting, 143, 143 75, 76 
 
 when deposited with county treasurer, 160 85 
 
 conditions for borrowing, 166 - 87 
 
 other use of surplus, 172 89 
 
 library moneys must be used for books, 3 102 
 
 School Ybab: commence first Monday in September, 11 18 
 
 School Month: defined, 24 -- - 24 
 
 School Site: selected by two-thirds vote, 19, 153 22, 81 
 
 when inspectors to determine, 30 - 22 
 
 enlarging, purchasing, or leasmg by a majority, 31- 23 
 
 board to purchase as directed, 59 40 
 
 when located by district board, 153 81 
 
 provisions to secure, 154^163 - - 82-86 
 
 appeal to town board concerning, 173 90 
 
INDEX. 185 
 
 Pjlot:. 
 
 Stjpbhintendbnt of PtTBLic Instkuction : his duties 10 
 
 to prescribe form for teachers' certificates, 85, 6 55, 93 
 
 may grant certificates to teachers, 8 95 
 
 to fill vacancy in ofiice of Co. Supt., 14. 97 
 
 to send lists of books to directors, 4 103 
 
 Sttpervisob: to assess tax reported by board, 34 34 
 
 to assess taxes reported to, by board, 56, 57, 84... 37, 38, 56 
 
 to assess tax reported by town clerk, 77 _ 52 
 
 to certify taxes to other supervisor, 84 56 
 
 map of districts filed with by town clerk, 103 63 
 
 tax certified to, by town clerk, 104. _ 63 
 
 to assess school taxes, 106, 107 63 
 
 to certify amount to town treasurer, 108, 143 65, 75 
 
 to assess tax to pay judgment, 135-138 70 
 
 penalty for not assessing taxes, 141 75 
 
 Suit: may be brought against district, 8.. 17 
 
 meeting may give directions in, 37 36 
 
 assessor to appear for district in, 36 38 
 
 on assesser's bond, 63 _ ._ 43 
 
 on chairman's bond, 70 __ 46 
 
 jurisdiction of justices in, 133 69 
 
 summons served on assessor, 123. 70 
 
 not brought on judgment, 134. 70 
 
 to obtain site, 154, &c., 83 
 
 T. 
 
 Taxes: limitation of, for building, 33 33 
 
 voted for repairs, debts, books, &c., 33 23 
 
 for support of school, reported by board to supervisor, 34, 84. .34, 56 
 
 for expenses of director, 48 32 
 
 for incidental expenses, estimated by director, 49. 33 
 
 reported by board to supervisor, 56, 84 ...37, 84 
 
 to pay for books for poor pupils, 57 38 
 
 reported by board at annual meeting, 64 42 
 
 on land within two and a half miles, 71. 47 
 
 non-resident attached — exemption ,72 49 
 
 on old district for new district, 77. 53 
 
 proportion of, in frl. districts, 84 56 
 
 against old district, certified by town clerk to supervisor, 104.. 63 
 
 to be assessed by supervisor, 106, 107 63 
 
 what districts entitled to, 107 63 
 
 certified to town treasurer by supervisor, 108, 143 65, 75 
 
 in towns before having any school, 107 64 
 
 payment of, by town treasurer, 109 65 
 
 to pay judgment, 138 70 
 
 when non-residents paying, may send to school, 137. 74 
 
 voted before division of district, 138 74 
 
 failing of collection , to be assessed next year , 141 75 
 
 in frl. districts — how apportioned, 143 76 
 
 voted to pay borrowed money, 171 89 
 
 on dogs . 98 
 
 Teacher : male or female , decided by annual meeting, 34 24 
 
 when determined by board, 25 25 
 
 contract with, to be in writing, 39 39 
 
 money cannot be paid to unc[ualified, 60 41 
 
 to be examined by inspectors, if no Co. Supt. ,85 56 
 
 Tvhen examined, 86, 87 58 
 
 examination of, to be public, 88 58 
 
 24 
 
186 INDEX. 
 
 PAoa 
 
 Teacher : where examined for frl. district, 89-.. 58 
 
 may be reexamined, 90 - 58 
 
 Teachbbs' Institutes - 109 
 
 Teachers' Associations - - - 110 
 
 Township Clerk: to notify "taxable inhabitant," 1 11 
 
 when to serve new notice, 7 17 
 
 director to report to, 41, 54... 31, 34 
 
 is inspector and clerk of board, 68, 96 45, 59 
 
 to approve bond of chairman of inspectors, 69. 46 
 
 chairman's bond filed with, and sued by, 70- 46 
 
 to certify a tax to supervisor, 77, 104 52, 63 
 
 which, to give notice in forming frl. district, 81- 54 
 
 to give notice of meeting of inspectors, 86, 91 58, 59 
 
 to be clerk of board of inspectors — duties of, 96 - 59 
 
 to apportion money, 97, 98 - 60, 61 
 
 to keep directors' reports, 99 - 61 
 
 to receive instructions from Supt. Pub. Ins. , 100 61 
 
 to send reports to county clerk, 101- - 62 
 
 to make map of districts, 103, 103 63 
 
 to certify tax against old district to supervisor, 104 62 
 
 to be township librarian, 105 - -- _ 63 
 
 to apportion two mill tax, 107 -- - 63 
 
 to be notified by town treasm-er of moneys received, 110 66 
 
 to distribute town library, 115 67 
 
 penalty for not transmitting report, 133- - - - - 73 
 
 to apportion moneys tcova other township, 143 - 76 
 
 Township Treasurer : to collect school taxes, 106, 107 - 63 
 
 supervisor to report taxes to, 108 65 
 
 to notify town clerk of moneys received, 110 66 
 
 to apply to county treasurer for moneys, 110_ 66 
 
 moneys payable to from county treasurer, 130 - 69 
 
 to recover penalties from inspectors, 133- - - 73 
 
 to recover penalties from town and county clerks, 133, 134 73 
 
 how to use ftinds from penalties, 135 - 73 
 
 to pay moneys to other town treasurer, 142 75 
 
 to apply to other treasurer, and report to town clerk, 148 76 
 
 Township Board : to settle with inspectors, 94 _ - 59 
 
 may remove district oflScers and inspectors , 136 - 73 
 
 appeal to, from inspectors' action, 173-175 90, 91 
 
 Trustees: graded schools may elect, 148 78 
 
 to file acceptance with director, 149 78 
 
 may fill vacancy, 149 -- -- 79 
 
 powers and duties of, 150, 151 - 79, 80 
 
 districts may unite to elect, 153 - 81 
 
 Tuition: of non-resident pupils, 58,137 - 39, 74 
 
 of pupils in high school, 150-- - 80 
 
 V. 
 
 Vacancy: board of district to fiU, 66- - 43 
 
 when occurring, 67 44 
 
 inspectors to fill forthe teim, 146 -- 77 
 
 , trustees or inspectors may fill till annual meeting, 149 79 
 
 Visitor: toschools, 74- - - 50 
 
 Voters: to elect district oflScers, 5 -- - - 15 
 
 proceedings with, if challenged, 16-18 21 
 
 non-residents attached are not, 137 74 
 
 W. 
 
 Warrant ; moderator to countersign, for money, 39 26 
 
 on town treasurer — ^how dlrawn and signed, 53 34