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name of assess

or more than fifty dollars, which fine shall be prosecuted for and Prosecution in in the name of the assessor of said district; and the fine when col- or. lected shall be paid to the assessor, to be accounted for as in sec- Fine. tion three of this act.

An Act to provide for the use and expenditure of school moneys in certain school districts having a surplus of money from the two-mill tax.

[Approved March 20, 1863. Laws of 1863, p. 377.1

school money by

voters.

(3741.) SECTION 1. The People of the State of Michigan enact, Appropriation of That the qualified voters in any school district having a surplus of money arising from the two-mill tax, and unexpended, when assembled at any annual or special school meeting called in accordance with existing provisions of law therefor, shall have power to appropriate and use any such surplus money for any of the following purposes, to wit:

First. For purchasing or enlarging school lot or lots;
Second. For building or repairing school-houses;

Purposes.

Third. For purchasing books for district library, maps, and other school apparatus, or any incidental expenses of the school: Pro- Proviso. vided however, That a school be maintained in each of said school

districts at least eight months in each year: And provided further, Further proviso. That no money arising from the primary school fund shall be

appropriated to any other purposes than that of paying teachers in

any such school district.

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CHAPTER CXXXVII.

GRADED AND HIGH SCHOOLS.

District board.

required.

Proviso.
Notice.

An Act to establish graded and high schools.

[Approved February 14, 1859. Laws of 1859, p. 446.]

(3742.) SECTION 1. Any school district containing more than one hundred children between the ages of five and twenty years may elect a district board consisting of six trustees: Provided, The Two-thirds vote district shall so determine at an annual meeting, by a vote of twothirds of the legal voters attending such meeting: Provided also, That the intention to take such vote shall be expressed in the notice of such annual meeting. When such a change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect from the qualified voters of the district Terms of office. two trustees for a term of one year, two for a term of two years, and two for a term of three years; and annually thereafter two trustees shall be elected, whose terms of office shall be three years and until their successors shall have been elected and filed their accept

Officers to be

ances.1

(3743.) SEC. 2. Within ten days after their election such trustees elected by board. shall file with the director a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director, and assessor, and for cause may remove the same and may appoint others of their own number in their places, who shall perform the duties prescribed by law for

1 As amended by Act 259 of the Laws of 1861, p. 553, approved March 16, 1861.

such officers in the primary school districts in this State, except as hereinafter provided. The trustees shall have power to fill any Vacancies. vacancy that may occur in their number till the next annual meeting. Whenever, in any case, the trustees shall fail, through disagreement or neglect, to elect the officers named in this section, within twenty days next after the annual meeting, the school inspectors of the township or city to which such district makes its annual report shall appoint the said officers from the number of said trustees.1

scholars.

(3744.) SEC. 3. Said trustees shall have power to classify and Classification of grade the scholars in such district, and cause them to be taught in such schools or departments as they may deem expedient; to High school. establish in said district a high school, when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such school, and the prices to be paid for Tuition. tuition in any branches taught therein; to employ all teachers necessary for the several schools of said district; to prescribe courses Text-books. of studies and text-books for the use of said schools, and to make

such rules and regulations as they may think needful for the gov- Government, etc ernment of the schools and for the preservation of the property of

ment of trust

the district; and also to determine the rates for tuition to be paid by non-resident pupils attending any school in said district. (3745.) SEC. 4. The said trustees shall present, at each annual Annual statemeeting, a statement in writing of all receipts and expenditures ees. on behalf of the district for the preceding year, and of all funds then on hand, and an estimate of the amounts necessary to be raised by the district for purposes other than those for which the district board are to make the estimates, under section twenty-four of the primary school law (which estimate shall be made in the same manner by said trustees); and the district may, at any regular meeting, vote such taxes upon the taxable property of the district as may be required, and as school districts are allowed by law to raise. 2

spectors to

(3746.) SEC. 5. Whenever two or more contiguous districts, When school inhaving together more than two hundred children between the ages appoint. of five and twenty years, 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 graded or high schools under the provisions of this act, the school inspectors of

1 As amended by Act 259 of the Laws of 1861, p. 553. approved March 16, 1861.

2 As amended by Act 170 of the Laws of 1871, p. 271, approved and took effect April 17,

Union of districts.

Sections repealed

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 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 district shall elect a board of trustees, as provided in section one of this act, and may do whatever business may be done at any annual meeting.' (3747.) SEC. 6. Sections ninety-two and ninety-three of chapter seventy-eight of the Compiled Laws are hereby repealed.

SEC. 7. This act shall take immediate effect.

CHAPTER CXXXVIII.

SCHOOL DISTRICT LIBRARIES.

District libraries;

An Act to provide for the establishment of school district libraries.

[Approved February 15, 1859. Laws of 1859, p. 571.]

(3748.) SECTION 1. The People of the State of Michigan enact, how established. That at the annual town meetings to be held in April next, the legal voters, voting in the respective townships of the State, shall determine by ballot for the continuance of the township library, or for the establishment of district libraries in the place thereof. A separate box shall be kept for these votes, and the ballots shall have written or printed thereon, "Township library," or "District Duty of town libraries." If a majority of the ballots so cast in any township ship inspectors. shall have "Township library" thereon, the library shall remain as before; but if the majority of the ballots shall have "District libraries" thereon, then the township inspectors, at their next meeting thereafter, shall proceed to divide the township library equi

1 Vide note to section 1 of this act.

tably among the districts and parts of districts in such township, in proportion to the number of children of legal school ages therein; and shall deliver the same to the district boards of the districts to which they may be apportioned. Said books shall thereafter belong to the respective districts, and shall constitute district libraries for the use of the residents of such districts.

have manage

(3749.) SEc. 2. The district board shall be held accountable for District board to the proper care and preservation of the district library, and shall ment of library. have power to provide for the safe keeping of the same, to prescribe the time for taking and returning books, and to assess and collect all fines and penalties for the loss or injury of said books. The district board shall appoint a librarian, and determine the

place where the library shall be kept; but in all cases in which where kept. the library may be properly secured at the district school-house, it shall be kept at such school-house.

(3750.) SEC. 3. The library moneys belonging to any township Library money, so determining in favor of district libraries, or which may hereaf- how disposed of ter belong to such township, shall be apportioned among the several districts thereof, in the same manner as the primary school moneys are apportioned, and shall be expended by the district board in purchasing books for the district libraries.

Board of Educa

(3751.) SEC. 4. It shall be the duty of the State Board of Edu- Duty of State cation to make a list of books which are unsectarian in character, tion. and suitable for district or township libraries, which list they may, from time to time, revise and amend; to advertise for proposals for furnishing the same, and to contract with the lowest responsible bidder to furnish such books to the districts or townships ordering them, in suitable binding and at stipulated prices; said contract to be made biennially, and the advertisements for proposals to be made in at least two papers of the largest circulation in the State, for one month before making the contract. Previous to the first day of January in each year, the Superintendent of Public Instruc- books. tion shall send to the director of each district having a district library, and the clerk of each township having a township library, a list of the books contracted for, with the prices of the same, from which list the district board, or township board of inspectors, shall, unless a different order shall have been made by the voters of the district or township, annually, or oftener, select and purchase books for the district or township libraries, to the full amount of library moneys in their hands.'

1 As amended by Act 183 of the Laws of 1863, p. 194, approved and took effect March 18,

Selection of

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