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tion may from time to time prescribe; and they shall make reports annually to the Superintendent of Public Instruction, at such times as he may direct, of the official labor performed, and of the general condition and management of the schools under their charge, and such other information as may be required of them by the said Superintendent.

shall not act as

(3768.) SEC. 13. No county superintendent shall act as agent for superintendent any author, publisher, or book-seller, or shall directly or indirectly agent, etc. receive any gift, emolument, or reward for his influence in recommending the purchase or use of any library or school book, or school apparatus or furniture of any kind whatever. Any act herein prohibited shall be deemed a violation of his oath of office, and any employment of such superintendent by any author, publisher, or book-seller for that purpose, shall be deemed a misdemeanor.

(3769.) SEC. 14. Whenever by death, resignation, or removal, or Filling vacancy. otherwise, the office of county superintendent shall become vacant,

the State Superintendent shall have power to fill such vacancy.

(3770.) SEC. 15. All schools which by special enactment may Schools exempt. have a board authorized to inspect and grant certificates to the teachers employed by the same, shall be exempt from the provisions

of this act, except as is provided in sections eight and eleven.

SEC. 16.1

(3771.) SEC. 17. Sections seventy-four, eighty-five, eighty-six, Acts repealed. eighty-seven, eighty-eight, eighty-nine, and ninety, of chapter seventy-eight, of the Compiled Laws, and all other acts or parts of acts inconsistent with this act, are hereby repealed.

(3772.) SEC. 18. This act shall not take effect in any county,

unless there be at least ten school districts in such county.

SEC. 19. This act shall take immediate effect.

Amendatory section.

CHAPTER CXL.

STATE PUBLIC SCHOOL FOR DEPENDENT AND

NEGLECTED CHILDREN.

Appointment o commissioners to select site, etc.

Powers of commissioners.

An Act to establish a State Public School for dependent and neglected children.

[Approved April 17, 1871. Laws of 1871, p. 280.]

(3773.) SECTION 1. The People of the State of Michigan enact, That the Governor shall appoint three commissioners, for the purpose of selecting a suitable site and erecting thereon buildings for a State School or temporary home for dependent and neglected children, such institution to be known as the "State Public School."

(3774.) SEC. 2. The said commissioners shall have power to receive proposals for the donation of land to the State for such site, and to receive the same by gift, or they may purchase such site if no proper location shall be given for that purpose, and they may receive proposals for donations of money or other securities, in behalf of this State, for the benefit of such School, and they may locate the same at such point as they shall deem for the best Compensation. interests of this State. They shall receive no pay for their services under this act, except their traveling and other official expenses. That the Governor shall be ex officio a member of said board.

Governor ex officio member.

Payment for

site and deeds for same.

(3775.) SEC. 3. That the deeds for such site shall be duly executed to the people of this State and delivered to the Auditor General, and the State Treasurer thereupon is hereby directed to pay, on the warrant of the Auditor General, to such grantor of

whom such site shall be purchased, in case of the purchase of the same, such sums of money as may be required to pay for the site: Provided, That not over two thousand dollars shall be paid for Proviso. that purpose. That said commissioners shall at their first meet- Secretary and ing appoint from their number a secretary and treasurer.

treasurer.

(3776.) SEC. 4. That the sum of fifteen thousand dollars for Appropriation. the year eighteen hundred and seventy-two, and fifteen thousand dollars for the year eighteen hundred and seventy-three, is hereby appropriated for the purpose of carrying into effect the provisions

of this act, which said sums the Auditor General shall add to and Provisions to meet appropriaincorporate in the State tax for the years eighteen hundred and tion. seventy-one and eighteen hundred and seventy-two, and, when collected, shall be passed to the credit of the State Public School fund, and may be drawn by the treasurer of said commissioners upon warrants made by their secretary, approved by commission- ` ers, and countersigned by the Governor.

count to Auditor

(3777.) SEC. 5. It shall be the duty of the secretary of said com- Quarterly ac missioners to render, quarter-yearly, to the Auditor General, General. accounts current of all cash transactions, and all moneys received, with the proper vouchers; and no money shall be drawn by virtue Condition preof this act by said commissioners unless they shall have first filed ing money. with the Auditor General an estimate and statement, showing the purpose for which such money is required.

cedent to draw

of construction,

(3778.) SEC. 6. The said commissioners shall have the superin- Superintendence tendence of the grounds, and the design and construction of the etc. necessary buildings, with power to appoint an architect, superintendent, and other necessary agents and assistants, and to fix the compensation for their services, subject to the approval of the Governor. The principal building shall have a capacity for not less Capacity of than one hundred children.

building.

urer.

(3779.) SEC. 7. Said commissioners, before they enter upon the Oath of office. duties of their office, shall each take and subscribe the constitutional oath of office, and file the same in the office of the Secretary of State, and the treasurer of said commissioners shall give his bond Bond of treasto the people of this State in the penal sum of ten thousand dollars, with two or more sufficient sureties approved by the Governor, conditioned for the faithful performance of the duties required of him, and to properly account for all moneys received by him under this act.

completion.

(3780.) SEC. 8. When the State Public School shall be finished, Certificate of the said commissioners shall make under their hands a certificate thereof, which shall be transmitted to the Governor, who shall

Public notice of thereupon give public notice that the same is ready for the recepporary control of tion of dependent and neglected children. That after the comple

same and tem

school.

"Appointment of

• board of control.

tion of State Public School building, and until the last day of the session of the Legislature next succeeding such completion, said commissioners shall have the control and government of said State Public School, with the same authority and duties as are given to the board named in section nine of this act.

(3781.) SEC. 9. The general supervision and government of said State Public School shall be vested in a board of control, to consist of three members, who shall be appointed by the Governor, by and with the advice and consent of the Senate, the members of Term of office. Which board shall hold their offices for the respective terms of two, four, and six years, from the last day of the session of the Legislature next after the completion of said State Public School building, and until their successors shall be appointed and qualified, said respective terms of office to be designated in their several appointments; and thereafter there shall be one of said board appointed every two years, whose term of office shall continue for six years, or until his successor is appointed and qualified. The members of Corporate name said board shall constitute a body corporate, under the name and style of the Board of Control of the State Public School," with the right of suing and being sued, of making and using a common seal, and altering it at pleasure. That said board of control shall have the power of taking and holding by purchase, gift, donation, devise, or bequest, real or personal estate to be applied to the use of the institution.

and rights.

Annual meeting.

Bond of treasurer.

(3782.) SEC. 10. It shall be the duty of the members of said board of control to meet annually at the State Public School on the second Wednesday of May in each year, and at said annual meeting they shall elect outside of their own body a treasurer, who shall hold his office for one year and until his successor shall be elected and qualified. The treasurer of said board of control shall give his bond to the people of this State, in the penal sum of ten thousand dollars, with two or more sufficient sureties approved by the Governor, conditioned for the faithful performance of the duties required of him, and to properly account for all moneys received Special meetings by him under this act. It shall be their duty to meet once in four months on their own adjournments, and oftener if they shall deem Government of advisable. They shall establish a system of government, and make all necessary rules and regulations for said school for enforcing discipline, for imparting instruction, for preserving health, and generally for the proper physical, intellectual, and moral training

school.

of the children in such school. They shall appoint a superintend- oficers of school ent and matron for said school, and all other such officers, teachers,

and servants as they shall deem best, and prescribe their several duties and fix the compensation for their services, subject to the approval of the Governor.

continuance of

cretion of board

in relation there

to.

(3783.) SEC. 11. There shall be received as pupils in such school Reception and those children that are over four and under sixteen years of age, pupils, and disthat are in suitable condition of body and mind to receive instruction, who are neglected and dependent, especially those who are now maintained in the county poorhouses, those who have been abandoned by their parents, or are orphans, or whose parents have been convicted of crime. The said board of control shall have power to receive any child under the age of four years or over sixteen years of age, and may reject any between the ages of five and sixteen years of age, whom they may for any cause deem improper inmates of such school. No pupil shall be retained in said sehool after arriving at the age of sixteen years, unless by consent of said board of control.

education.

(3784.) SEC. 12. The children in such school shall be maintained Maintenance and and educated in the branches usually taught in common schools, and shall have proper physical and moral training.

Board to provide

pils in families.

(3785.) SEC. 13. It is declared to be the object of this act to provide object of act. for such children only temporary homes until homes can be pro- homes for pucured for them in families. It shall be the duty of such board of control to use all diligence to provide suitable places in good families for all such pupils as have received an elementary education; and any other pupils may be placed in good families on condition that their education shall be provided for in the public schools of the town or city where they may reside. That said board of con- Board legal trol are hereby made the legal guardians of all the children who pupils. may become inmates of said school, with authority to bind out any child to a pursuit or trade during minority, under a contract insuring the child kind and proper treatment and a fair elementary education.

guardian of

be kept in poor

(3786.) SEC. 14. That whenever there shall be sufficient room for Children not to the reception of the class of children described in this act, in such houses. State Public School, no such children shall hereafter be maintained in county poorhouses. That in receiving such children into such soldiers' orSchool, preference shall be given first to dependent and indigent preference. orphans or half orphans of deceased soldiers and sailors of this .State.

phans to have

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