The School Laws of Michigan : With Notes And Forms : to Which Are Added Designs for School-Houses ...
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Sec. 134. Every county clerk who shall neglect or refuse to County cleric transmit the report required in this chapter, to be neglecting to made by him to the Superintendent of Public In- reporttuabio structioh, withiu the time therefor limited, shall be iMtT™""'" liable tp pay to each township the full amount which such township, or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recovered in the nianner specified in the last two preceding secti...ons. " It will be observed that these cases do not go upon the ground that the claim by an individual to be a public officer, and by acting as such, is merely ^rima facie evidence that he is an officer dejuve, (of right,) but the principle they establish is this: that an individual coming into office by color of an election or appointment, is an offi,cer de facto, (in fact,) and his acts in relation to the pii|}hc, or third persons, are valid until lie is removed, although it be conceded that his election or appointment was illegal." « In the case of trustees and colleclovs of school districts, gen- eral reputation of their being such offi,cers, and proof of their acting as such, is prima facie sufficient, without producing evidence of their election, especially where there is evidence of their acting upder, color of an election."— 7 Wendell Bep., p.
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