Am. 1899, Act 258. This provision is not intended to take from the board of supervisors their constitutional power to erect townships, but the prohibition applies only to the inspectors.-People v. Ryan, 19 / 207. Township school inspectors cannot enlarge a graded school district by adding unorganized territory, though they may, with the consent of the trustees, transfer to its jurisdiction territory previously organized into primary districts.Simpkins v. Ward, 45 / 559. The action of the board of inspectors in detaching territory from a graded school district is void, unless the inspectors have before them legal evidence of a consent of a majority of the trustees of the graded school district.-Burnett v. Inspectors, 97 / 103. Addition of territory by legislative action.-Keweenaw Ass'n v. Sch. Dist., 98 / 439-41. school district (128.) § 4750. SEC. 5. Whenever two or more contigu- Uniting of ous districts, having together more than one hundred children districts to contiguous between the ages of five and twenty years, after having pub- form graded lished in the notices of the annual meetings of each district the intention to take such action, shall severally, by a vote of two-thirds of the qualified voters attending the annual meetings in said districts determine to unite for the purpose of establishing a graded school district under the provisions of this chapter, the school inspectors of the township or townships in which such districts may be situated shall, on being 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 three 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 dis- Election of trict shall elect a board of trustees, as provided in section one trustees. of this chapter, and may do whatever business may be done at any annual meeting. Added 1883, Act 53. board of trustees in to change, etc. (129.) § 4751. SEC. 6. Whenever the trustees of any or- Duty of ganized graded school district shall be presented twenty days certain cases, before the annual meeting thereof with a petition signed by etc. ten electors of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district. there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts the said trustees shall, in their notice. of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two- In case of vote thirds of the qualified voters present at said meeting shall vote to change to one or more primary school districts such change shall be made, and it shall be the duty of the board of school inspectors of the township or townships in which such district is situated, upon being duly notified of such vote to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary school districts in the same manner as is provided for by law for the organization of primary school districts, and whenever a frac tional graded school district shall be so changed, the township boards of school inspectors of the respective townships where such graded school district is situated, shall organize the said district into one or more primary school districts, as provided for by law. Added 1891, Act 84. Township libraries to be maintained. Who are entitled to privileges of library. Proviso. Inspectors to have charge of library and library moneys. Inspectors accountable of library. Power of inspectors. LIBRARIES. (130.) 4752. SECTION 1. A township library shall be maintained in each organized township, which shall be the property of the township, and shall not be subject to sale or alienation from any cause whatever. All actions relating to such library, or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the township. (131.) § 4753. SEC. 2. SEC. 2. All persons who are residents of the township shall be entitled to the privileges of the township library, subject to such rules and regulations as may be lawfully established in relation thereto: Provided, That persons residing within the boundaries of any school district in which a district library has been established shall be entitled to the privileges of such district library only. (132.) § 4754. SEC. 3. The township board of school inspectors shall have charge of the township library, and shall apply for and receive from the township treasurer all moneys appropriated for the township library of their township, and shall purchase the books and procure the necessary appendages for such library. (133.) § 4755. SEC. 4. Said board shall be held accountfor care, etc., able for the proper care and preservation of the township library, and shall have power to provide for the safe keeping of the same, to prescribe the time for taking and returning books, to assess and collect fines and penalties for the loss or injury of said books, and to establish all other needful rules and regulations for the management of the library, as said board shall deem proper, or the superintendent of public instruction may advise. Township library. Librarian, duties, etc. School district may establish library. (134.) § 4756. SEC. 5. The board of school inspectors shall cause the township library to be kept at some central or eligible place in the township, which it shall determine. Such board shall also, within ten days after the annual township meeting, appoint a librarian, for the term of one year, to have the care and superintendence of said library, who shall be responsible to the board of school inspectors for the impartial enforcement of all rules and regulations lawfully established in relation to said library. Am. 1883, Act 114. (135.) § 4757. SEC. 6. Any school district, by a two-thirds vote at any annual meeting, may establish a district library, and such district shall be entitled to its just proportion moneys. of books from the library of any township in which it is wholly Entitled to or partly situated, to be added to the district library, and also books and to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of such a district library, or that shall thereafter be raised by tax in such township or townships, or that shall thereafter be apportioned to the township to the inspectors of which the annual report of its director is made. Am. 1893, Act 158. to have charge (136.) § 4758. SEC. 7. The district board of any school District board district in which a district library may be established in ac- of district cordance with the provisions of this act, shall have charge of library. such library; and the duties and responsibilities of said district board in relation to the district library, and all moneys raised or apportioned for its support, shall be the same as those of the board of school inspectors are to the township library. Libraries are within the proper range of school apparatus; and there is nothing in our laws which cuts off public corporations from accepting beneyolent offerings to enable them to extend their usefulness and benefit their people, by enlarging their opportunities for culture and refinement without multiplying or increasing their burdens.-Maynard v. Woodard, 36 / 425, 427. statistics to tendent. (137.) § 4759. SEC. 8. The school inspectors shall give Inspectors to in their annual report to the superintendent of public instruc- tertiary tion, such facts and statistics relative to the management of state superinthe township library and the library moneys, as the superintendent of public instruction shall direct; and the district board of any school district having a library, shall cause to be given in the annual report of the director to the board of school inspectors, like facts and statistics relative to the district library, which items shall also be included by the said inspectors in their annual report. illegal use to cause of moneys thereafter. (138.) § 4760. SEC. 9. In case the board of school in- Failure to spectors of any township, or the district board of any school report or district, shall fail to make the report required by the preced- of moneys ing section, or in case it shall appear from the reports so made forfeiture that any township or school district has failed to use the library money in strict accordance with the provisions of law, such township or district shall forfeit its share of the library moneys that are apportioned, and the same shall be apportioned, to the several other townships and districts in the county as hereinafter provided: Provided, That in townships where the Proviso. boards thereof shall determine and report to the superintendent that the public will be better served by using the said money for general school purposes, no such forfeiture shall occur. tendent to pro (139.) § 4761. SEC. 10. The superintendent of public in- State superinstruction shall annually, and previous to the tenth day of May, vide county transmit to the clerk of each county a statement of the town clerk with statement. ships in his county that are entitled to receive library moneys, giving the number of children in each of such townships between the ages of five and twenty years, as shall appear from the reports of the boards of school inspectors for the school year last ending; said clerk shall file such statement in his copy given to office, and shall forthwith furnish a copy thereof to the county treasurer. Statement to be filed and county treas urer. Fines for breach of penal laws to be apportioned for township and district libraries. Voters may levy tax for support of libraries. (140.) § 4762. SEC. 11. The clear proceeds of all fines for any breach of the penal laws of this state and for penalties or upon any recognizance in criminal proceedings, and all equivalents for exemption from military duty when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on account of such fines or equivalents, and not already apportioned, shall be apportioned by the county treasurer before the first day of June in each year, among the several townships in the county, according to the number of children therein, between the ages of five and twenty years, as shown. by the statement of the superintendent of public instruction provided for in the preceding section, which money shall be exclusively applied to the support of the township and district libraries, and to no other purpose. FINES, ETC.: See Const. xiii, 12, and notes thereto. (141.) § 4763. SEC. 12. The qualified voters of each township shall have power at any annual township meeting, to votea tax for the support of libraries established in accordance with the provisions of this act, and the qualified voters of any school district, in which a district library shall be established,. shall have power, at any annual meeting of such district, to vote a district tax for the support of said district library. How tax to be When any tax authorized by this section shall have been voted, it shall be reported to the supervisor, levied, and collected in the same manner as other township and school district taxes. reported, assessed and collected. District board may give or sell books to township library. (142.) § 4764. SEC. 13. The district board of any school district may donate or sell any library book or books belonging to such district to the board of school inspectors of the township or townships in which said district is wholly or partly situated, which book or books shall thereafter form a part of the township library. Penalty on inhabitant for neglect of duty. PENALTIES AND LIABILITIES. (143.) § 4765. SECTION 1. Any taxable inhabitant of a newly formed district receiving the notice of the first meeting, who shall neglect or refuse duly to serve and return such notice, and every chairman of the first district meeting in any district, who shall wilfully neglect or refuse to perform the duties enjoined on him in this act, shall respectively forfeit the sum of five dollars. district officer (144.) § 4766. SEC. 2. Any person duly elected to the Penalty on office of moderator, director, treasurer, or trustee of a school for neglecting district, who shall neglect or refuse, without sufficient cause, perform or refusing to to accept such office and serve therein, or who, having entered duties. 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. Am. 1901, Act 165. Hinman v. Sch. Dist., 4 / 170. If the district, by an officer's wilful act or neglect of duty, is subjected to suit or judgment, the district in its corporate capacity must recover the amount, but individual citizens, who have been taxed to satisfy the judgment, cannot recover their taxes from such officer.-Wall v. Eastman, 1 / 268. (145.) § 4767. SEC. 3. Any person duly elected or ap- Penalty on pointed a school inspector, who shall neglect or refuse, with- inspector for neglect or out sufficient cause, to qualify and serve as such, or who, hav- refusal. ing 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. inspector for (146.) § 4768. SEC. 4. If any board of school inspectors Liability of shall neglect or refuse to make and deliver to the township neglecting to clerk their annual report as required by this act, within the report. 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; and if any town- Liability of ship clerk shall neglect or refuse to transmit the report herein township mentioned within the time limited therefor, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon, to be recovered in an action of debt, or on the case. clerk. reports. (147.) § 4769. SEC. 5. Any county clerk who shall neg- Liability of lect or refuse to transmit to the superintendent of public in-county clerk for neglect struction the reports required by this act, within the time to transmit therefor limited, shall be liable to 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 an action of debt, or on the case. (148.) § 4770. SEC. 6. All the moneys collected or re- How moneys ceived by any township treasurer under the provisions of collected on either of the two last preceding sections, shall be apportioned neglect and distributed to the school districts entitled thereto, in the same manner and in the same proportion that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this act, have been apportioned and distributed. account of disposed of. and supervisor (149.) § 4771. SEC. 7. Any township clerk who shall neg- Liability of lect or refuse to certify to the supervisor any school district township clerk taxes that have been reported to him as required by this act, in regard to and any supervisor wilfully neglecting to assess any such tax district taxes. |