strictions of as is necessary for the accommodation of the school. They shall not Powers and reenter upon the business of mining, or pursue the same, except so trustees. far as it may be deemed necessary in the course of instruction, nor shall they purchase any lands beyond what are required for the reasonable accommodation of the school. tablish a colloc (3580.) SEC. 9. It shall be the duty of said trustees to provide for Trustees to es obtaining and establishing a complete collection of minerals of the tion of minerals. Upper Peninsula, and properly classifying the same; and also to give attention to obtaining, and shall preserve, all such information, statistical and scientific, as may be had in regard to the mineral resources of the Upper Peninsula, and all important discoveries and improvements in developing the same; and to this end they shall Annual scientific provide for a full report, annually, from one or more of the persons engaged as teachers in said school. The trustees shall annually, Report to Superon or before the first day of November, make a report of their Public Instrucdoings to the Superintendent of Public Instruction, and shall tion. transmit therewith a copy of the scientific report before mentioned, as well as a general report, showing their receipts and expenditures, as well as the general affairs of said school. report. intendent of ees. (3581.) SEC. 10. Vacancies in said board of trustees may be filled Vacancies in by the board, and persons appointed to fill such vacancies shall board of trusthold until the first day of July succeeding the next election after their appointment, at which election such vacancies shall be filled by the election of a person or persons who shall enter upon his or their duties on the first day of July thereafter, and hold respectively for the unexpired term of the trustee or trustees whose death, resignation, or removal from office occasioned such vacancy. CHAPTER CXXXVI. PRIMARY SCHOOLS. Chapter fifty-eight of Revised Statutes of 1846. DISTRICTS. (3582.) 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 deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. (3583.) SEC. 2. The said notice shall also direct such inhabitant to notify every qualified voter of such district, either 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; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly. (3584.) SEC. 3. The said inhabitant, when he shall have notified the qualified voters as required in such notice, shall indorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting. (3585.) SEC. 4. The said chairman shall deliver such notice and return to the director chosen at such meeting, who shall record the same at length in a book to be provided by him at the expense of the district, as a part of the records of such district. when elected, (3586.) SEC. 5. The qualified voters of such district, when assem- District officers bled pursuant to such previous notice, and all existing districts, at etc. their annual meeting in the year one thousand eight hundred and fifty-nine, shall elect, from the qualified voters of such district, a moderator for three 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 written acceptance of the offices to which they shall have been respectively elected, which shall be recorded by said director.1 deemed organ (3587.) SEC. 6. Every such school district shall be deemed duly when district organized, when any two of the officers elected at the first meeting ized. shall have filed their acceptance as aforesaid. " 2 case of failure to the organize. (3588.) SEC. 7. In case the inhabitants of any district shall fail to New notice in organize the same in pursuance of such notice as aforesaid, said clerk shall give a new notice in the manner hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered. 2 ers of districts. (3589.) SEC. 8. Every school district organized in pursuance of Corporate powthis chapter, or which has been organized and continued under any previous law of the State or 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 (3590.) SEC. 9. The record made by the director, as required in Director's recthe fourth section of this chapter, shall be prima facie evidence of ord evidence. the facts therein set forth, and of the legality of all proceedings in the organization of 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. (3591.) SEC. 10. Every school district shall, in all cases, be pre- Presumption of sumed to have been legally organized, when it shall have exercised legal organiza 1 As amended by Act 176 of the Laws of 1861, p. 284, approved March 15, 1861. 2 See the act of February 8, 1855, following. tion. the franchises and privileges of a district for the term of two years. DISTRICT MEETINGS. Annual meeting Calling special meetings. Notices of annual or special to contain. Notice, etc., of change site, etc. meeting to (3592.) SEC. 11. The annual meeting of each school district shall be held on the first Monday of September in each year, and the school year shall commence on that day.' (3593.) SEC. 12. Special meetings may be called by the district board, and it shall be the duty of the said board, or any one of them, to call such meetings on the written request 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. 2 (3594.) SEC. 13. All notices of annual or special district meetmeetings, what ings, after the first meeting has been held as aforesaid, shall specify the day and hour and place of meeting, and shall be given at least Posting copies 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 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 provided 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. " Proviso. When meeting not illegal for want of notice. Challenging votes. Oath of voter. 3 (3595.) SEC. 14. No district meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was willful and fraudulent. SEC. 15.1 (3596.) SEC. 16. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the said chairman shall tender to him an oath in substance as follows: "You do swear (or affirm) that you are 1 Vide note to section 5 of this act. 2 As amended by Act 34 of the Laws of 1867, p. 42, approved and took effect Febru- 3 As amended by Act 185 of the Laws of 1869, p. 229, approved April 8, 1869. twenty-one years of age, that you have been for the last three months an actual resident of this school district, and are 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. Or he may take the following oath, to wit: "You do swear (or affirm) that you have been for the past three months an actual resident of this school district, and are a legal voter at townships and county elections;" and he may vote upon all questions when the raising of money by tax is not in question.1 deemed perjury. (3597.) SEC. 17. If any person so challenged shall refuse to take False oath to be such oath, his vote shall be rejected, and any person who shall willfully take a false oath or make a false affirmation, under the provisions of the preceding section, shall be deemed guilty of perjury. (3598.) SEC. 18. When any question is taken in any other manner when challenge than by ballot, a challenge immediately after the vote has been may be made in taken shall be deemed to be made when offering to vote, and treated in the same manner. certain cases. at meetings. (3599.) SEC. 19. The qualified voters in such school district, Powers of voters when lawfully assembled, shall have power to adjourn from time to 19 Mich. 382. time, as may be necessary; to designate a site for a school-house, by a vote of two-thirds of those present, and to change the same by a similar vote, at any regular meeting. ors to determine site. (3600.) SEc. 20. When no site can be established by such inhab- When inspeetitants, as aforesaid, the school inspectors of the township or town- school house ships in which the district is situated shall determine where such 19 Mich. 832. site shall be, and their determination shall be certified to the director of the district, and shall be final, subject to alteration afterwards by the inspectors, on the written request of a majority of the qualified voters of the district. ity of qualified purchasing, etc., (3601.) SEC. 21. The said qualified voters shall also have power, Power of major by the vote of a majority present and voting at any such meeting, voters to direct to direct the purchasing or leasing a site determined upon under site and building the preceding sections nineteen or twenty, and the building, hiring, or purchasing of a school-house, or the enlarging of a site previously established." school-house. school-houses. (3602.) SEC. 22. The amount of taxes to be raised in any district Limit to tax for for the purpose of purchasing or building a school-house shall not exceed the sum of one thousand dollars in any one year, unless - 1 As amended by Act 170 of the Laws of 1871, p. 271, approved and took effect April 17, 1871. 2 Vide note to section 5 of this act. As amended by Act 110 of the Laws of 1869, p. 188, approved April 8, 1869. |