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 taxpayers of said district, and no Division into two or more districts shall be consolidated without the con- districts. sent of a majority of the resident taxpayers of each district. two or more person not organized SEC. 10. The township board may attach to a school dis- Attaching trict any person residing in a township and not in any or- in any ganized district, at his request; and for all district purposes, district. except raising a tax for building a schoolhouse, 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. alteration. SEC. 11. In all cases where an alteration of the boundaries Notice to director of of a school district shall be made, the township clerk shall, district within ten days, deliver to the director of each district affected by affected by the alteration a notice in writing, setting forth the action of the township board and defining the alterations that have been made. etc. SEC. 12. When a new district is formed in whole or in Division of districts part from one or more districts possessed of a schoolhouse possessed of or entitled to other property, the township board at the time schoolhouses, 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 schoolhouse and other property belonging to the former district, at the time of such division; and whenever by the division of any district, the When may schoolhouse or site thereof shall no longer be conveniently sell and located for school purposes and shall not be desired for use proceeds. by the new district in which it may be situated, the township board of the township in which such schoolhouse 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. apportion how deducted. SEC. 13. Such proportion shall be ascertained and deter- Proportion, mined according to the value of the taxable property of the ascertained. respective parts of such former district at the time of the division, by the best evidence in the power of the township board; and such amount of any debt due from the former Debt 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, Proviso. and which shall not have been taxed for the purchase or building of such schoolhouse, shall be entitled to any portion thereof nor be taken into account in such division of district property. CHAPTER IX. SECTION 1. Whenever any five or more tax paying electors having taxable property within any school district shall feel themselves aggrieved by any action, order or decision of the township board or joint boards with reference to the formation or any division or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said board, appeal from such action, order or decision of said board to the county commissioner of schools and a circuit court commissioner of the county in which such school district is situated. The county commissioner of schools and circuit court commissioner shall constitute a board of appeals for all such cases and shall be entitled to the usual fees provided by statute for circuit court commissioner. When an appeal shall be filed with the board of appeals herein provided for, said board shall serve notice on the clerk of the township board or the clerks of the joint boards who have made the decision appealed from, and said clerk or clerks shall notify the several members of such board of such appeal. The notice to the clerk and township board shall state the day and hour when such appeal will be heard, and it shall be the duty of said board of appeals to review, confirm, set aside or amend the action, order or decision of the township board or boards thus appealed from; or if in its opinion the appeal is frivolous or without sufficient cause it may summarily dismiss the same. Said appellants shall, before taking such appeal, make out and file with the board of appeals a written statement, to be signed by said appellants, setting forth in general terms the action, order or decision of the township board with respect to which the appellants feel themselves aggrieved, and their demand for an appeal therefrom to the board of appeals, and shall also cause to be executed and signed by one of their number, and by two good and sufficient sureties to be approved by the board of appeals, a bond to the people of the State of Michigan in the penal sum of two hundred dollars, conditioned for the due prosecution of said appeal before said board, and also in case of the dismissal of said appeal as frivolous by said board for the payment by said appellants of all costs occasioned by reason of said appeal. SEC. 3. Upon the filing of such appeal papers and bond with the said board of appeals and after notice by the board of appeals to the township board from whose decision appeal is taken, said township board shall within ten days thereafter make out and file with the said board of appeals a full and complete transcript of all its proceedings, actions, orders or decisions with reference to which the appeal is taken and of its records of the same; also said bond and appeal papers and all petitions and remonstrances, if any, with reference to the matters appealed from, and upon the filing of the same with said board of appeals the said board shall be deemed to be in possession of the case, and if the return be deemed by it insufficient the board may order a further and more complete return by said township board, and when such return shall by it be deemed sufficient it shall proceed with the consideration of the appeal at such time or times, within ten days after such return in such manner and under such affirmation, amendment or reversal of the action, order or decision of the township board appealed from, as in its judg ment shall seem to be just and right; or if it deem the appeal to be frivolous it may summarily dismiss the same. Approved April 14, 1909. [No. 32.] AN ACT to repeal section three of chapter thirteen of act one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred sixty-seven of the Compiled Laws of eighteen hundred ninety-seven; and to amend sections one, three, five, six, seven, eight, nine, ten, eleven and thirteen of chapter eleven, and sections four, five and eight of chapter thirteen of said act, being sections four thousand seven hundred fifty-two, four thousand seven hundred fifty-four, four thousand seven hundred fifty-six, four thousand seven hundred fifty-seven, four thousand seven hundred fifty-eight, four thousand seven hundred fifty-nine, four thousand seven hundred sixty, four thousand seven hundred sixty-one, four thousand seven hundred sixty-two, four thousand seven hundred sixtyfour and sections four thousand seven hundred sixty-eight, four thousand seven hundred sixty-nine and four thousand seven hundred seventy-two of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: and sections SECTION 1. Section three of chapter thirteen of act one Section hundred sixty-four of the public acts of eighteen hundred repealed eighty-one, entitled "An act to revise and consolidate the laws amended. relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred sixty seven of the Compiled Laws, is hereby repealed; and sections one, three, five, six, seven, eight, nine, ten, eleven and thirteen of chapter eleven, and sections four, five and eight of chapter thirteen of said act, being sections four thousand seven hundred fifty-two, four thousand seven hundred fifty-four, four thousand seven hundred fifty-six, four thousand seven hundred fifty-seven, four thousand seven hundred fifty-eight, four thousand seven hundred fifty-nine, four thousand seven hundred sixty, four thousand seven hundred sixty-one, four thou sand seven hundred sixty-two, four thousand seven hundred sixty-four and sections four thousand seven hundred sixtyeight, four thousand seven hundred sixty-nine and four thousand seven hundred seventy-two of the Compiled Laws of eighteen hundred ninety-seven are hereby amended to read as follows: Township Proviso, CHAPTER XI. SECTION 1. A library may be maintained in each organized township or city which shall be the property of the township or city and under the control of the township board of said township or the board of education of the village or city. 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 or city: Provided, abandonment. That if in the judgment of said township board the people of said township will be better served by disposing of said library to the several school districts of the township, said board shall have authority to take such action, or the said board may authorize the merging of the township library into a free public library in accordance with the statutes authorizing the establishment of such free public libraries, and after such merging the free public library so established shall receive all the books of the former township library, and the township library shall be considered abandoned: Provided further, That when any legal action is taken or becomes necessary concerning the township library the township clerk shall represent the township in all actions concerning said library: Provided further, That when any township has already been organized as a township school district or shall hereafter be organized as a township school district, the control of the township library shall pass from the township board to the board of education of such township, and all rights, powers and duties heretofore exercised by the said township board or the members thereof shall be thereafter exercised and performed by the township board of education through the proper officers. Further proviso, in case of legal action. Further proviso, township school district. Township library, who to have charge of, etc. SEC. 3. The township board shall have charge of the township library and the township treasurer shall apply for and receive from proper authorities all moneys appropriated for the township library and shall keep a separate account of control to such funds. The township treasurer shall pay out such library moneys on the order of the township clerk, countersigned by the supervisor. The township board shall purchase books and procure the necessary appendages for the township library: Provided, That when the township library shall pass Proviso, to the control of the township board of education, the town- Passion f ship treasurer shall continue to apply for and receive all board of library moneys and pay them over to the treasurer of the board of education upon proper warrant of the township district. In villages or cities the treasurer of the board of Cities or education shall apply for and receive all moneys apportioned villages. or appropriated for libraries and shall disburse such funds in the same manner as other educational funds. education. library where term, etc. SEC. 5. The township board shall cause the township Township library to be kept at some central and suitable place in the kept. township which it shall determine. Said board shall also, Librarian, within ten days after the annual township meeting, appoint appointment, a librarian for the term of one year to have the care and superintendence of said library, and such librarian shall be responsible to the township board for the impartial enforcement of all rules and regulations lawfully established in relation to said library. district library books and SEC. 6. Any school district, by a majority vote at an an- School nual or special meeting, may establish a school district library, due notice of said action to be stated on the annual how may be established, or special meeting notice, and such district shall be entitled etc. to its just proportion of books from the library of any town- Share of ship in which it is wholly or in part situated, to be added money. to the district library, and also to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of such district library or that shall thereafter be raised by tax in such township or townships or that shall thereafter be apportioned to the township for library purposes. who to SEC. 7. The district board of any school district or the Library, board of education of any township school district, village have charge or city in which a library may be established in accordance of, etc. with the provisions of this act, shall have charge of such library and provide the necessary conveniences for the proper care of such library, and said board shall be responsible for and shall use all moneys raised or apportioned for its support in accordance with the provisions of law. report SEC. 8. The township clerk shall give in his annual report Township to the Superintendent of Public Instruction such facts and clerk to statistics relative to the management of the township library annually. and the library moneys thereof as said Superintendent of Public Instruction shall direct, and the district board or board of education of any district, village or city having a Director, library shall give in the annual report of the director or what to report of, secretary such facts and statistics relative to the library as include. the State Superintendent of Public Instruction may direct, and |