The General School Laws of Michigan

house may be situated, and the inspectors of such township shall number said district.

deemed organ

legal organiza

(§12.) SEC. 5. Every such school district shall be deemed duly When distract organized when any two of the officers elected at the first meeting ized. shall have filed their acceptances in writing with the director, and the same shall have been recorded in the minutes of such first meeting. Every school district shall, in all cases, be presumed Presumption of to have been legally organized when it shall have exercised the tion. franchises and privileges of a district for the term of two year; and such school district and its officers shall be entitled to all the see App. A., rights, privileges, and immunities, and be subject to all the duties ¶ 25, 29, 39, 47. and liabilities conferred upon school districts by law.

record of first

(§13.) SEC. 6. The record of the first meeting made by the Director's director shall be prima facie evidence of the facts therein set meeting to be forth, and of the legality of all proceedings in the organization evidence. 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.

CORPORATE POWERS OF DISTRICTS.

to be bodies

(§14.) SEC. 7. Every school district organized in pursuance of School districts this chapter, or which has been organized and continued under corporate. any previous law of the State or territory of Michigan, shall be a body corporate, and shall possess the usual powers of a corporatoin for public purposes, by the name and style of "School District Name and style. Number (such number as shall be designated in the formation thereof by the inspectors), of

(the name of the town

ship or townships in which the district is situated), and in that Powers of. name shall be capable of suing and being sued, of contracting and being contracted with, and of holding such real and personal estate as is authorized to be purchased by the provisions of law, and of selling the same.

ALTERATION OF DISTRICTS.

inspectors to

($15.) SEC. 8. Whenever the board of school inspectors shall Meetings of contemplate an alteration of the boundaries of a district, the alter districts. township clerk (and for meetings of boards to act in relation to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of the inspectors, and the alterations proposed, by post- Notice of. ing such notice in three public places in the township or town- See App. B., ships, one of which notices shall be in each of the districts that may be affected by such alteration. Whenever the board of See App. A., school inspectors of more than one township meet, they shall 1, 36, 38, 46. elect one of their number chairman, and another clerk thereof."

form 16.

inspectors to

(816.) SEC. 9. The inspectors may, in their discretion, detach Powers of the property of any person or persons from one district and alter districts. attach it to another; except that no land which has been taxed

As amended by Act No. 82, Session Laws of 1883.

See App. A..

for building a school-house shall be set off into another school TT 2, 3, 3, 41, district for the period of three years thereafter, except by the con

42, 43, 45, 98.

When consent of tax-payers

to be obtained. See § 110.

Persons out of

district may be

to in certain

cases.

sent of the owner thereof; and no district shall be divided into two or more districts without the consent of a majority of the resident tax-payers of said district, and no two or more districts be consolidated without the consent of a majority of the resident tax-payers of each district.

(§17.) SEC. 10. The inspectors may attach to a school district attached there any person residing in a township, and not in any organized district, at his request; and for all district purposes except raising a tax for building a school-house, 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.

Township clerk

to give notice

districts.

(818.) SEC. 11. In all cases where an alteration of the boundaries of alteration in of a school district shall be made, the township clerk shall, within ten days, deliver to the director of each district affected by the alteration a notice in writing, setting forth the action of the inspectors and defining the alterations that have been made.

See App. B., form 4.

When district is divided property to be apportioned.

See App. A..

TT 3, 4, 40, 98, 105.

When school. house or site is not needed, may be sold.

See App. A., ¶ 44.

Proceeds of sale to be apportioned.

How proportion to be ascertained.

Proviso.

DIVISION OF PROPERTY.

(§ 19.) SEC. 12. 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, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine 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 sell the same, and apportion the proceeds of such sale, and also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district.

(§ 20.) SEC. 13. Such proportion shall be ascertained and determined according to the value of the taxable property of the respective parts of such former district 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 remained in the former district, shall be deducted from such proportion: Provided, That no real estate thus set off, and which shall not have been taxed for the purchase or building of such school-house,

(§ 19.) Upon investigation we are of the opinion that the school inspectors of the township have full and absolute control over the advertisement, sale and apportionment of the proceeds among the several districts, erected in whole or in part therefrom.-VanRiper, Attorney General, July 24, 1882,

shall be entitled to any portion thereof, nor be taken into account in such division of district property.

DISTRICT MEETINGS.

ing.

meeting may be

(§ 21.) SEC. 14. The annual meeting of each school district shall Annual meetbe held on the first Monday of September in each year, and the school year shall commence on that day: Provided, That any School year. school district that shall so determine at an annual meeting, or at a special meeting duly called for that purpose, may hold its annual meeting on the second Monday of July in each year, or Date of annual in the same manner may thereafter change the time of its annual changeed. meeting to the first Monday in September in each year, and the trustees and officers of the district shall date their terms of office from the date so chosen and until their successors are elected and qualified: Provided further, That such action in either case Proviso. shall not change the time of the commencement of the school year or the taking of the annual school census."

ings.

form 8.

be called. Business of to

notice.

Notice of

meetings. See App. B.,

forms 7, 9.

(§ 22.) SEC. 15. Special meetings may be called by the district Special meet board; and it shall be the duty of said board, or any one of them, to call such meetings on the written request of not less than five See App. B., legal voters of the district, by giving the notice required in the next succeeding section; but no special meeting shall be called unless When may not the business to be transacted may lawfully come before such meeting, and no business shall be transacted at a special meeting he stated in unless the same be stated in the notice of said meeting. (823.) 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 schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That when any of the Duty of district district board shall receive a request to call a special meeting, as notice. 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 willful and of notice. fraudulent.

officer to give

When annual

meeting not

legal for want

Who are qual

ings.

(§24.) SEC. 17. Every person of the age of twenty-one years, med voters at who has property liable to assessment for school taxes in any district meetschool district, and who has resided therein three months next preceding any school meeting held in said district, or who has

As amended by Act No. 22, Session Laws 1885.

(§24.). A person who has no property within the school district liable to assessment for school taxes has no right to vote when the raising of money by tax is in question. -Kirchner, Attorney General, Sept. 20, 1877.

See App. A..

42, 43, 45, 98.

When consent of tax-payers

for building a school-house shall be set off into another school T2, 3, 37, 41, district for the period of three years thereafter, except by the consent of the owner thereof; and no district shall be divided into two or more districts without the consent of a majority of the resident tax-payers of said district, and no two or more districts be consolidated without the consent of a majority of the resident tax-payers of each district.

to be obtained. See § 110.

Persons out of

district may be

to in certain

cases.

Township clerk

to give notice

districts.

See App. B., form 4.

When district is divided property to be apportioned.

See App. A..

TT 3, 4, 40, 98, 105.

When schoolhouse or site is not needed, may be sold.

See App. A., ¶ 44.

Proceeds of sale to be apportioned.

How proportion to be ascertained.

Proviso.

DIVISION OF PROPERTY.

shall be entitled to any portion thereof, nor be taken into account in such division of district property.

DISTRICT MEETINGS.

ing.

meeting may be

ings.

form 8.

be called.

notice.

meetings.

(§23.) SEC. 16. All notices of annual or special district meet- Notice of ings, after the first meeting has been held as aforesaid, shall See App. B., specify the day, and hour and place of meeting, and shall be forms 7,9. 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 schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto: Provided, That when any of the Duty of district district board shall receive a request to call a special meeting, as notice. 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 When annual shall be deemed illegal for want of due notice, unless it shall illegal for want appear that the omission to give such notice was willful and of notice. fraudulent.

officer to give

meeting not

Who are qual

district meet

ings.

(§24.) SEC. 17. Every person of the age of twenty-one years, ined voters at who has property liable to assessment 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

As amended by Act No. 22, Session Laws 1885.

($24.). A person who has no property within the school district liable to assessment for school taxes has no right to vote when the raising of money by tax is in question. -Kirchner, Attorney General, Sept. 20, 1877.

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