bond. the district shall be called by the county school commissioner of the county in which the schoolhouse is located to elect members of the board to fill such places. Within thirty Bond of days after his appointment, the treasurer of the board shall treasurer. file with the secretary an official bond in such an amount and form as may be determined by said board. Said bond may be either personal or of some surety company authorized to do business in this state, and it shall be given for a sum not less than the greatest amount of money that the treasurer may have in his possession or under his control at any time during his term of office, as near as the same can be determined. When a personal bond is given it shall be signed Personal by not less than two sureties, each of whom shall justify under oath to the full amount of the bond. If a surety bond is required and purchased, it shall be at the expense of the district. Whenever, in any case, the board of education shall fail or neglect to elect the officers of the board named in this section within fifteen days next after the annual meeting, or after the organization of the district, the township board of the township within which the schoolhouse of said district is located shall appoint the said officers from the members of the board. The board of education shall have authority to Sites, board designate such site or sites as it may deem necessary to carry may designate. out the provisions of this act. The county commissioner of Number, etc. schools of the county in which the schoolhouse of a rural agricultural school is located shall have authority to number said districts, and upon the request of the board of educa tion of said district he may give such district a name. SEC. 8. Plans for rural agricultural school buildings shall Plans, be approved by the Superintendent of Public Instruction. approval of They shall be properly heated and ventilated, have an ample water supply, toilets with proper sewerage, a library and suitable equipment and apparatus for the teaching of agriculture, manual training and home economics. tion of pupils. SEC. 9. The board of education shall provide a sufficient Transportanumber of vehicles for the transportation of pupils from and to their homes and shall designate the routes over which such vehicles are to travel: Provided, That the school board Proviso. shall not be compelled to transport pupils who live within one mile of the consolidated schoolhouse. Such vehicles shall be of ample capacity, shall be enclosed to keep out the rain or snow and be provided with robes and foot warmers during cold weather. In case less than six pupils reside on or near any one route, such pupils may be boarded by consent of the parent or guardian at some convenient place if the cost is less than the cost of transportation: Provided, That the Super- Proviso. intendent of Public Instruction shall have authority upon investigation by himself or some one designated by him, to review, confirm, set aside, or amend the action, order, or decision of the board of education with reference to the routes over which pupils shall be transported, the distance they shall be required to walk, the boarding of the pupils, and the Appeal from action, etc., of board. Hearing. Principal, etc., qualifications. State aid for transporting pupils. Inspection, etc. suitability and number of the vehicles and equipment for the transportation of the pupils. Whenever ten or more qualified school electors of any rural agricultural district shall feel themselves aggrieved by any action, order, or decision of the board of education with reference to the transportation or boarding of pupils, to the location of any site or the granting of permission to alter the boundaries of said district as provided in section five thousand seven hundred thirty-seven of the Compiled Laws of nineteen hundred fifteen, as amended, they may at any time within ninety days from such action, order or decision of said board of education appeal to the Superintendent of Public Instruction, and notice of such appeal shall be filed with the secretary of said board of education. The Superintendent of Public Instruction, upon the receipt of such appeal, shall have the power to entertain such appeal. Said Superintendent of Public Instruction may visit the locality, or appoint some one to visit it, and he or his appointee may give a hearing at some place within the county where the schoolhouse of such district is located. After such investigation, the Superintendent of Public Instruction shall have authority to review, confirm, set aside, or amend such action, order, or decision of said board of education. His decision in the matter named in this proviso shall be final. SEC. 12. The principal or superintendent provided in section two of this act shall be the holder of at least a state life certificate or a state normal school diploma or shall have educational qualifications equivalent thereto. Said principal or superintendent shall have all the powers and duties conferred upon the superintendent of schools in section three of the graded school act, except in township unit districts employing a superintendent of schools. SEC. 14. As state aid to assist in the maintenance of rural agricultural schools, each of such schools shall be entitled to receive four hundred dollars a year for each vehicle used for the transportation of pupils. In addition thereto such schools shall be entitled to receive the sum of one thousand dollars a year. SEC. 16. Within thirty days after receiving the notice mentioned in section fifteen, the Superintendent of Public Instruction shall satisfy himself that such rural agricultural school has been erected and equipped as provided for in this act. If unable to inspect said school, he shall request such inspection to be made within said thirty days by the commissioner of schools of the county in which said rural agricultural school is located, and he shall thereupon send to the Auditor General a copy of the aforesaid notice with his endorsement, showing that said rural agricultural school has been built and equipped as provided for in this act, and that such township or consolidated district is entitled to receive the state aid specified and as mentioned in section fourteen of this act. amount, when SEC. 17. The annual amount which any rural agricultural Annual school may be entitled to shall be paid yearly on or before paid. June thirtieth to the treasurer of the board of education of the district or township in which said rural agricultural school is located. SEC. 18. The Auditor General shall incorporate in the Tax clause. state tax for the year nineteen hundred twenty-one, and each year thereafter such sum or sums as the legislature of the state of Michigan shall appropriate, which sums, when collected, shall be used for the purpose of carrying out the provisions of this act. legislature, SEC. 19. The Superintendent of Public Instruction shall Report to hereafter send to the legislature a statement showing the what to number and location of rural agricultural schools receiving contain. state aid, the total amount of such state aid and the number and location of rural agricultural schools applying for and not yet receiving such state aid. consolidation. SEC. 20. Rural school district as used in this act shall in- Rural district, what to clude any primary or graded school district that does not include. contain within its limits an incorporated village or city having a population exceeding two thousand: Provided, That Proviso, rural schools, as defined in this act, adjacent to any city or village having a population of more than two thousand may consolidate by petition signed by a majority of the legal school electors under the provisions of this act with such city or village, and such consolidated school resulting therefrom shall be governed by the provisions of this act including the transportation of pupils and the teaching of agriculture, manual training and home economics, but it shall not be entitled to state aid as provided herein. This act is ordered to take immediate effect. [No. 98.] AN ACT to define the crime of negligent homicide, when committed by the operation of a vehicle, and to prescribe penalties for said crime. The People of the State of Michigan enact: homicide. SECTION 1. Every person who, by the operation of any Negligent vehicle at an immoderate rate of speed or in a careless, reckless or negligent manner, but not wilfully or wantonly, shall cause the death of another, shall be guilty of the crime of Penalty. negligent homicide and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo imprisonment in the State Prison for a period not exceed What deemed. Speed, question of fact for jury. ing five years, or by both such fine and imprisonment in the discretion of the court. SEC. 2. The crime of negligent homicide shall be deemed to be included within every crime of manslaughter charged to have been committed in the operation of any vehicle, and in any case where a defendant is charged with manslaughter committed in the operation of any vehicle, if the jury shall find the defendant not guilty of the crime of manslaughter such jury may in its discretion render a verdict of guilty of negligent homicide. SEC. 3. In any prosecution under this act, whether the defendant was driving at an immoderate rate of speed shall be a question of fact for the jury and shall not depend upon the rate of speed fixed by law for operating such vehicle. Approved April 28, 1921. Section amended. [No. 99.] AN ACT to amend section twenty-five of act number three hundred thirty-eight of the Public Acts of nineteen hundred seventeen, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away, bartering, furnishing, possessing, importing or transporting of any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific and sacramental purposes; to regulate the manufacture, sale, possession, importation and transportation thereof for such excepted purposes; to provide for the enforcement of, and to prescribe penalties for violations of this act; to prohibit certain advertising and advertisements pertaining to the liquor traffic; to prescribe the duties of officers, and of carriers pertaining to the liquor traffic; to prescribe rights of action, recovery of damages and rules of evidence thereunder; and to repeal all acts in conflict therewith," as amended by act number fifty-three of the Public Acts of nineteen hundred nineteen. The People of the State of Michigan enact: SECTION 1. That section twenty-five of act number three hundred thirty-eight of the Public Acts of nineteen hundred seventeen, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away, bartering, furnishing, possessing, importing, or transporting of any vinous, malt, brewed, fermented, spirituons or intoxicating liquors, except for medicinal, mechanical, chemical, scientific and sacramental purposes; to regulate the manufacture, sale, possession, importation and transportation thereof for such excepted pur poses; to provide for the enforcement of, and to prescribe penalties for violations of this act; to prohibit certain adver tising and advertisements pertaining to the liquor traffic; to prescribe the duties of officers and of carriers pertaining to the liquor traffic; to prescribe rights of action, recovery of damages and rules of evidence thereunder; and to repeal all acts in conflict therewith," as amended by act number fifty-three of the Public Acts of nineteen hundred nineteen, is hereby amended to read as follows: when to SEC. 25. If any person makes a sworn complaint or warrant, affidavit before any magistrate authorized to issue warrants issue. in criminal cases, that any intoxicating liquors are being manufactured, possessed, sold, furnished or given away, or kept for the purpose of being sold, furnished, given away or possessed, contrary to law, or that such liquors are stored or concealed temporarily or otherwise, in any depot, freight house, express office, or in any other building or place, or in any vehicle or conveyance, with the apparent intention of being delivered for the purpose of being sold, furnished or given away contrary to the provisions of this act and that the complainant or affiant believes and has good cause to believe that such liquors are concealed in any particular building, place, vehicle or conveyance, such magistrate, if he be satisfied there is reasonable cause for such belief, shall immediately issue his warrant to any officer whom the complainant may designate, having power to serve criminal process, commanding him to search the premises described and designated in such complaint and warrant, and if such liquors are there found, to seize the same together To seize with the vessels in which they are contained, and all the im- liquor, etc. plements, furniture, vehicles and conveyances used and kept for such illegal manufacturing, selling, furnishing, giving away, possessing, or storing of such liquors, and them safely keep and make immediate return on said warrant. Such liquors, furniture, vessels, vehicles, conveyances, unless said vehicle or conveyance is owned by an innocent third party, and implements used in such manufacturing, keeping, selling or possessing, shall be held subject to the order of such court or magistrate, to be used as evidence in the prosecution for the violation of this act. SEC. 2. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. |