Notices of meetings.

Duty of dis

trict officer to give.

When annual meeting not illegal for want of.

Who qualified

to vote at school meetings.

Challenging

voters.

SPECIAL MEETING:

In order to constitute a legal school meeting, the evidence must show that a legal petition was presented and a legal notice of the meeting given.-Cent. Sch. Supply House v. Sch. Dist., 99 / 402; Johnston v. Mitchell, 120 / 589.

(39.) 4661. SEC. 16. 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 meeting, 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, one copy of which for each meeting shall be posted at the outer door of the district school-house, if there be one; 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. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent.

Schafer v. Sch. Dist. No. 1 of Baraga, 116 / 206; Johnston v. Mitchell, 120 / 589.

(40.) § 4662. SEC. 17. Every citizen of the age of twentyone years, who has property assessed for school taxes in any school district, and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory belonging to such district at the time of holding said meeting, shall be a qualified voter in said meeting upon all questions, and all other citizens who are twenty-one years of age, and are the parents or legal guardians of any children included in the school census of the district, and who have for three months as aforesaid, been residents of said district or upon any territory belonging thereto at the time of holding any school meeting, shall be entitled to vote on all questions arising in said district, which do not directly involve the raising of money by tax.

Am. 1895, Act 15.

QUALIFIED VOTER: See Act 138 of 1893, conferring upon women the right to vote for all "school, village and city officers," and declared unconstitutional in Coffin v. Election Com'rs, 97 / 189. The constitution of 1835, as well as that of 1850, in terms authorized the legislature to construct a primary school system and for years antedating the present constitution the legislature construed a similar provision as conferring the power to determine the qualifications of voters for district school officers.-Coffin v. Election Com'rs, 97 / 193; Belles v. Burr, 76 / 1. The election of members of a board of education at the annual charter election does not make such an election a "school district meeting" and give women the right to vote thereat, under the provisions of this section.-Mudge v. Stebbins, 59 / 165.

(41.) § 4663. SEC. 18. If any person offering to vote at a school district meeting shall be challenged as unqualified by

tendered

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 chair- Oaths to be man shall tender to him an oath, in substance as follows: challenged "You do swear (or affirm) that you are a citizen of the United voters. States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you pay a school district tax therein;" and every person taking this oath shall be permitted to vote upon all questions proposed at such meetings. Or he may take the following oath, to wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall wilfully take False oath a false oath, or make a false affirmation, under the provisions perjury. of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same

manner.

Am. 1895, Act 258.

Belles v. Burr, 76 / 6.

deemed

persons at

taken into

(42.) § 4664. SEC. 19. If at any district meeting any per- Disorderly son shall conduct himself in a disorderly manner, and, after district meetnotice from the moderator or person presiding, shall persist ings to be therein, the moderator or person presiding may order him to custody. withdraw from the meeting, and on his refusal, may order any constable, or other person or persons, to take him into custody until the meeting shall be adjourned; and any person who shall refuse to withdraw from such meeting on being so ordered as herein provided, and also any person who shall wilfully disturb such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by Penalty for disturbing a fine not less than two nor more than fifty dollars, or by im- meeting. prisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the Who shall township, ward, or city where such offense shall be committed, havin shall have jurisdiction to try and determine the same. (43.) § 4665. SEC. 20. The qualified voters in any school Powers of district when lawfully assembled at the first and at each an- voters at nual meeting, or at an adjournment thereof, or at any special school meet

have juris

trial.

qualified

ings.

May appoint a chairman.

May adjourn.

Elect district officers.

May select a site.

To direct the purchasing of sites.

Vote tax.

Limit of tax.

Impose tax for repairs.

Direct sale of schoolhouses or site.

Give direction in relation to suit.

meeting lawfully called except as hereinafter provided, shall have power:

First, At the first meeting and at any meeting after the organization of the district, in the absence of the moderator, to appoint a chairman for the time being, and in the absence of the director to appoint some person to act in his stead, who shall keep a minute of the proceedings of such meeting and certify the same to the director, to be by him entered in the records of the district;

Second, To adjourn from time to time as occasion may require;

Third, To elect district officers as herein provided, and to determine at what hour the annual meeting shall be held;

Fourth, To designate, as hereinafter provided, a site or such number of sites as may be desired for school-houses, and to change the same when necessary;

Fifth, To direct the purchasing or leasing of a site or sites, lawfully determined upon; the building, hiring or purchasing. of a school-house or houses, or the enlarging of a site or sites previously established;

Sixth, To vote such tax as the meeting shall deem sufficient, to purchase or lease a site or sites, or to build, hire or purchase a school-house or houses; but the amount of taxes to be raised in any district for the purpose of purchasing or building a school-house or houses in the same year that any bonded indebtedness is incurred, shall not exceed in districts containing less than ten children between the ages of five and twenty years, two hundred and fifty dollars; in districts having be tween ten and thirty children of like age, it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age, it shall not exceed one thousand dollars. No legal subdivision of land shall be taxed for building a school-house unless some portion thereof shall be within two and one-half miles of said school-house site;

Seventh, To impose such tax as shall be necessary to keep. their school-house or houses in repair, and to provide the necessary appendages and school apparatus, and in districts. having district libraries, for the support of the same, and to pay and discharge any debts or liabilities of the district lawfully incurred, and also to pay for the services of any district officer. The tax herein authorized to be voted shall not exceed one-half of the amount which the district is authorized to raise for building school-houses;

Eighth, To authorize and direct the sale of any school-house, site, building or other property belonging to the district, when. the same shall no longer be needed for the use of the district; Ninth, To give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party, or interested;

Tenth, To appoint, as in their discretion it may be neces- Appoint building sary, a building committee to perform such duties in supervis- committee. ing the work of building a school-house as they may by vote direct;

the time

Eleventh, At the first and the annual meeting only, to de- Determine termine the length of time a school shall be taught in their school shall be taught. district during the ensuing year, which shall not be less than nine months in districts having eight hundred children over five and under twenty years of age, and not less than five months in all other districts, on pain of forfeiture of their share of the primary school interest fund; but in case such matters shall not be determined at the first or annual meeting, the district board shall determine the same; and in case the district fails to vote for at least the minimum length required herein, the district board shall make provisions for said minimum length of school;

priate surplus money for certain purposes.

Twelfth, To appropriate any surplus moneys arising from May approthe one mill tax after having maintained a school in the district at least eight months in the school year, for the purpose of purchasing and enlarging school sites, or for building or repairing school-houses or for purchasing books for library, globes, maps and other school apparatus, or for any incidental expenses of the school.

Am. 1895, Act 15.

Moiles v. Watson, 60 / 415.

FOURTH: See Section 4728 as to designation of school sites.

FIFTH: A school district, contracting for the building of a school-house within a stated time, is bound to furnish a suitable site therefor, within such reasonable time that the contractors shall not be delayed on their part.-Todd v. Sch. Dist., 40/294. Sureties upon a bond for the performance of a contract are released by an assignment of the contract and the grant of an extension of time to the contractors.-Id.

SIXTH: A school district in its annual meeting may lawfully recognize and pay equitable claims even though they are not strictly legal demands against it.-Stockdale v. School Dist., 47 / 226. The provision that no land shall be taxed for the building of school-houses, unless some portion thereof shall be within 21⁄2 miles of the school-house site, does not apply to a graded school district. Keweenaw Ass'n v. Sch. Dist., 98 / 437.

SEVENTH: Publishing House v. Sch. Dist., 94 / 265. The word "appendage" does not mean simply the apparatus to be used inside of the building, nor is it limited to brooms, pails, cups, etc., but must be construed to include fuel, fences and necessary out-houses.-Creager v. Sch. Dist., 62 / 108. A director has authority, in the exercise of a sound discretion, to buy new seats for a school-house under a resolution "to fit up the school-house for the winter term."-McLaren V. Akron Town Board, 48 / 190. Equitable claims. See note to subdivision Sixth. Certain charts, etc., held not to be necessary appendages, such as the director is required to furnish.-Gibson v. Sch. Dist., 36 / 404; Publishing House v. Sch. Dist., 94 / 265. A school district has no power to levy a tax except for the purposes specified by statute.-Hinman v. Sch. Dist., 4 / 168. See Section 4686, subdivision 6.

ELEVENTH: Tappan v. Sch. Dist., 44 / 500. The district board has power to contract with a qualified teacher for such term during the ensuing year as shall be determined by the qualified voters of the district at the annual school meeting.-Cleveland v. Amy, 88 / 374; Moiles v. Watson, 60 / 417. TWELFTH: Gibson v. Sch. Dist., 36 / 404; Publishing Co. v. Sch. Dist., 94 / 265.

DISTRICT BOARD AND OFFICERS.

district

(44.) § 4666. SECTION 1. At the first meeting in each school Election of district there shall be elected by ballot a moderator for the officers. term of three years, a director for two years, and a treasurer for one year; and on the expiration of their respective terms

Term of office. Of office, and regularly thereafter at the annual meetings, their several successors shall be elected in like manner for a term of three years each. The time intervening between the first meeting in any school district and the first annual meeting thereafter shall be reckoned as one year.

When district offices shall

become vacant.

Vacancies in offices, how filled.

NOTE.-Act 165, 1901, amending Act 164, 1881, changes the word assessor to treasurer; Eff. Sept. 1, 1902.

OFFICERS: The officers of a primary school district consist of a moderator, director and assessor. These offices are created by statute and have attached to them certain limited powers and particular duties. They have, therefore, neither common law power, nor rights, but are strictly confined to such as are conferred upon them by statute; and as no compensation for their official services has been provided [as the law stood prior to 1859] or in any manner authorized by statute, none can be legally claimed or recovered. Hinman v. Sch. Dist., 4 / 168. The provisions relative to the election of school district officers by ballot are mandatory; but where they were unanimously chosen by viva voce vote at a regular meeting, and qualified and acted and no one else claimed the offices, a writ of quo warranto was dismissed.-People v. Gartland, 75 / 143. Parol evidence is admissible to show who are the district officers.-Crane v. Sch. Dist., 61 / 299.

BALLOT: All ballots cast under statutory requirements are formal and final, if there is an election, and cannot be repeated. There can be no "informal" ballot.-People v. Stone, 78 / 635; Sch. Dist. v. Root, 61 / 373.

(45.) § 4667.

SEC. 2. A school district office shall become

vacant upon the occurrence of any of the following events: First, The death of the incumbent;

Second, His resignation;

Third, His removal from office;

Fourth, His removal from the district;

Fifth, His conviction of any infamous crime;

Sixth, His 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.

(46.) § 4668. SEC. 3. In case any one of the district offices becomes vacant, the two remaining officers shall immediately fill such vacancy; or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies; in case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a district shall become vacant, the board of school inspectors of the township to which the annual reports of such district are made shall fill such vaTerm of office cancies. Any person elected or appointed to fill a vacancy in of appointed a district office shall hold such office until the next succeeding annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term. Johnston v. Mitchell, 120 / 589.

officer.

Who are eligible to hold office.

(47.) § 4669. SEC. 4. Any qualified voter in a school district whose name appears upon the assessment roll, and is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school district, unless such person be an alien.

Am. 1899, Act 184.