Proviso. District election, when held. Proviso. Trustees elected. Term of office. seven hundred thirty-nine of the Compiled Laws of nineteen hundred fifteen: Provided, That school electors as mentioned in this act shall include every citizen of the United States of the age of twenty-one years, male or female, who are residents of the district, and who shall possess the qualifications required of school electors under the general school laws. SEC. 4. Whenever the consolidation of three or more contiguous rural school districts becomes effective as provided in section three, the county commissioner of schools designated in section three shall call a district election for the second Monday in July following by posting notices at least ten days prior thereto, and at least one notice in each district affected, in three of the most public places in the territory which is consolidated Provided, That the county commissioner of schools may if he deems advisable call such election at any time previous to the annual meeting. The electors at the election called by the county commissioner of schools shall have authority to do all those things that may now be done by the legal school electors at the first meeting of a school district except such as may be inconsistent with this act. At such election a board of education of five trustees for the rural agricultural school district shall be elected by ballot by the qualified school electors of such rural agriculi ural district, one trustee for one year, two for two years, and two for three years and annually thereafter a successor or successors to the member or members whose term of office shail expire. The term of office of trustee after the first election shall be three years. The qualifications for office holding shall be the same as those provided in the general school laws for members of the board of primary districts. Within ten days after his election each member shall file with the county commissioner of schools calling the election an acceptance of the office to which he has been elected, accompanied by an affidavit setting forth the fact of eligibility as prescribed in the general school laws. The county commissioner of schools shall file these affidavits and acceptances with the secretary of the board after the organization of the board and its election of a secretary. Thereafter the affidavits and acceptances of office shall be filed with the secretary of the board. The board of education shall annually, and within fifteen days after the annual meeting, or within fifteen days after the organization under this act, elect from its own number a president, a secretary and a treasurer, and for cause may remove the same from such offices and may appoint others of their number in such places, and these officers shall perform the duties prescribed by the general school law for the moderator, director, and treasurer of the district, except as is inconsistent with the provisions of the graded Vacancy, how school act and with the provisions of this act. The board of education shall have power to fill any vacancy that may occur in its number until the next annual meeting, and if three vacancies occur at the same time a special meeting of Affidavit, etc., members to file. President, etc., election of. filled. 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 may designate. designate such site or sites as it may deem necessary to carry 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. SEC. 9. The board of education shall provide a sufficient Transportanumber of vehicles for the transportation of pupils from and tion of pupils. 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 fif teen, 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. paid. SEC. 17. The annual amount which any rural agricultural Annual school may be entitled to shall be paid yearly on or before amount, when 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. SEC. 19. The Superintendent of Public Instruction shall Report to legislature, 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. trict, what to consolidation. SEC. 20. Rural school district as used in this act shall in- Rural disclude 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, ques tion 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, 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 pur |