municipal or public corporation within this State, pursuant to any provision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act.

to be kept sepa

($173.) SEC. 2. It shall be the duty of every officer charged with Public moneys the receiving, keeping, or disbursing of public moneys to keep rate from all the same separate and apart from his own money, and he shall other funds. not commingle the same with his own money, nor with the money of any other person, firm, or corporation.

(§174.) SEC. 3. No such officer shall, under any pretext, use How used. nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation without legal authority so to do.

lic moneys to

(§175.) SEC. 4. In all cases where public moneys are authorized Interest on pub. to be deposited in any bank, or to be loaned to any individual, constitute a firm or corporation, for interest, the interest accruing upon such general fund. public moneys shall belong to and constitute a general fund of the State, county, or other public or municipal corporation, as the case may be.

receive consid

(§176.) SEC. 5. In no case shall any such officer, directly or Officers not to indirectly, receive any pecuniary or valuable consideration as an eration for deinducement for the deposit of any public moneys with any par- with particular ticular bank, person, firm or corporation.

posit of money

bank, etc.

this act to apply

($177.) SEC. 6. The provisions of this act shall apply to all Provisions of deputies of such officer or officers, and to all clerks, agents, and to deputies, etc. servants of such officer or officers.

lating provis

(§178.) SEC. 7. Any person guilty of a violation of any of the Penalty for vioprovisions of this act shall, on conviction thereof, be punished by ions of this act. a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing Proviso. in this act contained shall prevent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute.

illegal payment

(§179.) SEC. 8. Any officer who shall willfully or corruptly draw Penalty for or issue any warrant, order, or certificate for the payment of of money. money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section.

CHAPTER XX.*

Act No. 144, Laws of 1883, as amended by Act No. 108, Laws of 1885.

COMPULSORY EDUCATION OF CHILDREN.

and guardians

($180.) SECTION 1. The People of the State of Michigan enact, Duty of parents That every parent, guardian, or other person in the State of to send children

*Act No. 144, Session Laws of 1883, consisted of thirteen sections. Act No. 108, Session Laws of 1885, repealed sections six, seven, eight, nine, ten, and eleven, leaving but seven sections in force. Sections six and seven of the above chapter are numbered twelve and thirteen in the Act as passed at the legislative session of 1883. (See Chapter XXI of this volume.)

to school.

Proviso.

Children cannot be emloyed to

cases.

Michigan, having control and charge of any child or children between the ages of eight and fourteen years, shall be required to send such child or children to a public school for a period of at least four months in each school year, commencing on the first Monday of September in the year eighteen hundred and eighty-three, at least six weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parents or guardians reside, upon its being shown to their satisfaction that his bodily or mental condition has been such as to prevent his attendance at school, or application to study for the period required, or that such child or children are taught in a private school, or at home, in such branches as are usually taught in primary schools, or have already acquired the ordinary branches of learning taught in public schools: Provided, In case a public school shall not be taught for four months during the year within two miles, by the nearest traveled road, of the residence of any person within the school district, he shall not be liable to the provisions of this act.

(§181.) SEC. 2. No child under the age of fourteen years shall labor in certain be employed by any person, company or corporation, to labor in any business, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in such branches as are usually taught in primary schools, at least four months of the twelve months next preceding the month in which such child shall be so employed: Provided, That a certificate from the director of the school district in which such child shall have attended school shall be evidence of a compliance with the provisions of this act.

Proviso.

Children unem

ployed to attend school.

District board

to furnish textbooks.

Penalty for non

compliance with foregoing sections.

($182.) SEC. 3. Every parent, guardian, or other person, having charge or control of any child from eight to fourteen years of age, who has been temporarily discharged from any business or employment, shall send such child to some public or private day school for the period for which such child shall have been discharged, unless such child shall have been excused from such attendance by the board of the school district, for reasons as stated in section one hereof.

(§183.) SEC. 4. It shall be the duty of the school district board of each district of the State to purchase and furnish, at the expense of the district, such text-books as may in the judgment of said board be necessary for the use of children whose parents are not able to furnish the same, the expense of such books to be levied in like manner as other district taxes.

($184.) SEC. 5. In case any parent, guardian, or other person shall fail to comply with the provisions of sections two, three, or four of this act, such parent, guardian, or other person shall be deemed guilty of a misdemeanor, and shall, on conviction, be liable to a fine of not less than five dollars nor more than ten dollars for the first offense, and of not less than ten dollars for ach subsequent offense."

See Chapter XXII of this volume.

empowered to

(§185.) SEC. 6. It shall be the duty of the officers detailed or Truant officers appointed under the provisions of this act to assist in the enforce- institute proment thereof, to institute, or cause to be instituted, proceedings ceedings. against any parent, guardian, or other person having legal charge and control of any child, or any person, company, or corporation, violating any of the provisions of sections one, two, three, four, and five of this act; and in school districts and cities, and villages of less than five thousand inhabitants, it shall be the duty of the school board to institute, or cause to be instituted, such proceedings.*

may be had

of corporations.

($186.) SEC. 7. When any of the provisions of this act are Proceedings violated by a corporation, proceedings may be had against any against officers of the officers or agents of said corporation, who in any way participate in or are cognizant of such violation by the corporation of which they are the officers or agents, and said officers or agents shall be subject to the same penalties as individuals similarly offending.*

CHAPTER XXI.

Act No. 108, Laws of 1885, as amended by Act No. 218, Public Acts of 1889.

COMPULSORY REFORMATORY EDUCATION OF JUVENILE DISOR

DERLY PERSONS.

schools may be

certain munici

($187.) SECTION 1. In all cities, villages and townships in this Ungraded State maintaining and supporting a graded school, the board of established in education, school board or other officer or officers having charge palities." of the schools of said cities, villages and townships may establish one or more ungraded schools for the instruction of certain children, as defined and set forth in the following sections, and they attendance on may, through their authorized agents or officers, require said children to attend said ungraded schools or any department of their graded schools, as said [board] of education or school board may designate, during the whole or a portion of each school day, as they may direct.

ungraded school required.

truant officers.

($188.) SEC. 2. In all cities having a duly organized police Appointment of force, it shall be the duty of the police authority, at the request of the school authority, to detail one or more members of said force to assist in the enforcement of this act; and in cities, villages, or townships having no regular police force, it shall be the duty of the board of education, or the school district officers, to designate the marshal of such city, or village, or one or more constables of said city, village or township, whose duty it shall be to assist in the enforcement of this act, as occasion may require, and board of education or school board shall fix and determine the compensation to be paid such officer for the per- fxed by board formance of his duties under this act, and shall pay the same of education.

*Act No. 144, Session Laws of 1883, consisted of thirteen sections. Act No. 108, Ses sion Laws of 1885, repealed sections six, seven, eight, nine, ten, and eleven, leaving but seven sections in force. Sections six and seven of the above chapter are numbered twelve and thirteen in the Act as passed at the legislative session of 1883. (See Chapter XXI of this volume.)

Compensation

Who shall be deemed juve

persons.

from any moneys in their hands raised or provided for the general expenses of the public schools. Members of any police force, marshal, or constable designated to assist in the enforcement of this act, as provided in this section, shall be known as truant officers.

($189.) SEC. 3. The following classes of persons between the nile disorderly ages of eight and sixteen years shall be deemed juvenile disorderly persons, and shall be subject to the provisions of this act: Class One, Habitual truants from any school in which they are enrolled as pupils;

Truant officers to notify tru ants, etc.

Truant officer to

etc.

Class Two, Children who, while attending any public school, are incorrigibly turbulent, disobedient, or insubordinate, or are vicious or immoral in conduct;

Class Three, Children who are not attending any school, and who habitually frequent streets and other public places, having no lawful business, employment, or occupation, which renders attendance at school impossible.

(§190.) SEC. 4. It shall be the duty of the truant officers, under the direction of the aforesaid school authorities, or their authorized agents, to warn alleged truants and incorrigibles, and their parents or guardians, of the consequences of belonging to any of said classes of juvenile disorderly persons, as set forth and defined in this act. They shall also, under direction as aforesaid, serve written or printed notice upon the parent or guardian of any child belonging to class one, or to class two, as described and defined in section three of this act, that such child must begin regular attendance at such school within five days of the date of service of such notice.

($191.) SEC. 5. They shall also under direction, as aforesaid, notify parent, give written or printed notice to the parent or guardian of any child belonging to class three, as described and defined in section three of this act, that said child is not attending any school and require said parent or guardian to cause said child to begin regular attendance at such school within five days of the date of the service of said notice.

Truant officer to

make complaint

What courts shall have jurisdiction.

(§192) SEC. 6. If said parent or guardian, or other person in certain cases, having the legal charge and control of said child shall willfully refuse, fail, or neglect to cause said child to attend such school, after notice given, as prescribed in sections four and five of this act, it shall be the duty of said officer to make or cause to be made a complaint against said parent, guardian, or other person having the legal charge and control of such child, before a justice of the peace in the city, village or township where the party resides, except in cities having a recorder's or police court, when complaint shall be made in said recorder's or police court, for such refusal or neglect, and said justice of the peace, police judge, or recorder's court shall issue a warrant upon said complaint and shall proceed to hear and determine the same, and upon conviction thereof said parent, guardian, or other person, as the case may be, shall be punished by a fine not less than ten

*See Chapter XXII of this volume.

discharged.

orderly person

to reform school

pend sentence

dollars, nor more than twenty-five dollars, or the court may in its Penalty discretion, require the person so convicted to give a bond in the imposed. penal sum of one hundred dollars with one or more sureties to be approved by said court, conditioned that said person so convicted shall cause the child or children under his legal charge or control, to attend at such school within five days thereafter, and to remain at said school during a full school term of twenty school weeks, dating from time of beginning of said attendance: Provided, That if said parent or guardian, or other person in when parent, charge of said child shall under oath plead inability to cause said the child to attend said school, then said parent or guardian or other person shall be discharged, and said justice of the peace, or court shall, upon complaint of said truant officer, or other person that said child is a juvenile disorderly person, as described in section three of this act, issue a warrant and proceed to hear such complaint, and if said justice of the peace or court shall Juvenile disdetermine that said child is a juvenile disorderly person within to be sentenced the meaning of this act, then said justice of the peace or court or industrial shall thereupon, and after consultation with the county agent, home for girls. sentence said child, if a boy, to the reform school at Lansing, or if a girl, to the industrial home for girls at Adrian, as the case may be, for one year or for a longer term, not extending beyond the time when said child shall arrive at the age of sixteen years, unless sooner discharged by the board of control of said reform school, or industrial home for girls: Provided however, That Court may sussuch sentence may be suspended in the discretion of the said jus- in certain cases, tice of the peace, police judge, or judge of the recorder's court, for such time as said child shall regularly attend school, and properly deport himself or herself: It is further provided, That if for any cause the parent or guardian, or other person having charge of any juvenile disorderly person, as defined in this act, shall fail, after notice as heretofore prescribed in this act, to cause such juvenile disorderly person to attend said school, or if such parent, guardian, or other person shall make the complaint as provided in this act without proceedings having been taken against him as in this act provided, or if said juvenile disorderly person have no parent or guardian then complaint against such juvenile disorderly person may be made, heard, tried, and determined in the same manner as is provided for in case the parent pleads inability to cause said juvenile disorderly person to attend said school: And it is further provided, That no child Children under under the age of ten years shall be sent to the reform school, or be sentenced. industrial home for girls. ($193.) SEC. 7. When it appears to the school authorities that School board to the parent, guardian, or other person is unable to provide suitable books for said child, said child shall be furnished by the school board with such books as are required in the course of studies pursued in such school, and said books shall be the same in all respects as those in use in other schools in said city, village, or township and no distinction in form, color, labeling, or substance shall be permitted. The expense of said books shall be paid for

ten years not to

provide text.

books for cer

tain children.