The Owosso times. (Owosso, Mich.) 18??-1882, 1881-08-19
School Law.


DIGEST OF FsUPREME-ooURT DECISIONS.
1. When contract for hiring tea ch
er has been signed by the director O.
the school district and by the teacher,
and the moderator writes upon it zap
proved, "'and subscribes it as moderator
such approval and signature will be.
treated as in legal effect a signature of
the contractby such moderator. Ever.
ett v. Fractional School District No.2
Of Cannon, 80 Mich, 249. ,hoas uiat9.
e The provision of the statute that
the contract for hiring school teacher
shall require the teacher to keep cor
rect list of the pupils, and the age Of
each attending the school, etc, imposes
the duty upon the teacher of keeping
such list, and this becomes in legal ef-
feet a part of his contract, whether the
written contract expressly stipulates for
ID or not. Ibid. ,rr. oF t....
| 8. The provision of the statute requir-
ing the keeping of a list of pupils, ETC.,
to be inserted in the contract is merely
directory. and does not render invalid
contract from which such requirement
has been omitted, provided it be good
in other respects and entered into In
good faith. Ibid braun s.ldg 5r
4. A school DISTRICTS a municipal cor
poration and cannot be garnished even
by its own consent, unless the debtor
| also consents. School District No. 4
of Marathon v. Gage, 80 Mich, 484.
5. 1t against public policy to allow
the wages Of persons In public employ
ment to be reached by garnishment.
Ibid.g f8 ubWu-1 vas~,,s4..v.g
9. School management should always
conform to those decent usages which
recognize the propriety of omitting to
hold public exercises on recognized hol-
idays; and it is not lawful to impose for
FIXTURES or deductions for such proper
suspension of labor. All contracts for
teaching dnring periods mentioned
must be construed of necessity as sub
ject to such days of vacation, and there
can be no penalty laid upon such obser-
vances, in the way of forfeitures or de-
ductions Of wages School District No.4
Of Marathon v. Gage, SO Mich, 484.
NoTE.-The legal, holidays established
by statute are New Years day january
D,WasAington's birthday (February 22),
Decoration day MAY 30), independence
day July A, Christmas day December
25), and any day appointed by the Presi-
dent and governor as day Of fasting
and prayer, or of general thanksgiving.
Whenever a legal holiday falls on
Sunday, the Monday next succeeding is
to be observed instead. Act No. 124,
Laws Of 1865, as amended by Act No.
163, Laws Of 1875, and act No. 208,
Laws of 1881. ,-..- -. .tfe
z. If teacher is employed for def
mite time, and, during the period of
his employment, the district officers
close the schools on account of the
prevalence of contagious. diseases, and
keep them closed for time, and the
teacher continues ready to perform his
contract, he is entitled to, full wages
during such period. The act Of God is
not an excuse for nOn-perfOrmance of
a contract unless it renders performance
impossible; if it merely makes it, diff
cult and inexpedient, it is not sufficient.
Although, under S9ch circumstances it
is eminently proper to dismiss school.
yet this affords no reason why the mis-
fortune of the district should be visited
upon the teacher. Dewey v. Union
School District Of Alpena, 43 Mich,
480. '"'i f2"to Z415ishu 1ou
8. The statute empowers the board
of trustees of a graded school district
to employ all teachers necessary, and
| what teachers are necessaryis left to be
decided by the sound discretion of the
trustees. The making of a contract
with teacher is within the authority
of board of trustees, and, when made,
neither the trustees nor the voters at
an annual meeting have power to i'm
pair its obligation. Tappan v. School
District No. Of CarrolltOn.