EXCHANGE 
 
 
 

OF 
 
 > 
 
 LAWS 
 
 FOB THE 
 
 REGULATION AND SUPPORT 
 
 OF THE 
 
 COMMON SCHOOLS, 
 
 1885, 
 WITH NOTES AND FORMS FOR SCHOOL OFFICERS. 
 
 PUBLISHED BY 
 
 J. H. LAWHEAD, 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 [Under authority of Laws 1879, ch. 166, sec. 84.] 
 
 TOPEKA, KANSAS: 
 
 KANSAS PUBLISHING HOUSE: T. D. THACHER, STATE PRINTER. 
 
 1885. 
 

 
COMMON SCHOOLS. 
 
 EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. 
 
 SEC. 34. And be it further enacted, That when the lands in the said 
 territory shall be surveyed under the direction of the government of the 
 United States, preparatory to bringing the same into market, sections 
 numbered sixteen and thirty-six in each township in said territory shall 
 be and the same are hereby reserved for the purpose of being applied to 
 schools in said territory and in the states and territories hereafter to be 
 erected out of the same. 
 
 Approved May 30, 1854. 
 
 EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. 
 
 AKTICLE II. 
 
 SEC. 23. The legislature, in providing for the formation and regulation 
 of schools, shall make no distinction between the rights of males and 
 
 females. 
 
 AKTICLE VI. 
 
 SECTION 1. The state superintendent of public instruction shall have 
 the general supervision of the common-school funds and educational in- 
 terests of the state, and perform such other duties as may be prescribed 
 by law. A superintendent of public instruction shall be elected in each 
 county, whose term of office shall be two years, and whose duty and com- 
 pensation shall be prescribed by law. 
 
 SEC. 2. The legislature shall encourage the promotion of intellectual, 
 moral, scientific and agricultural improvement, by establishing a uniform 
 system of common schools and schools of higher grade, embracing normal, 
 preparatory, collegiate, and university departments. 
 
 SEC. 3. The proceeds of all lands that have been or may be granted 
 
 365435 
 
SCHOOL iAWS OF KANSAS. 
 
 by the TJiiited States to the state, for the support of schools, and the five 
 hundred thousand acres of land granted to the new states under an act 
 of congress distributing t'he proceeds of public lands among the several 
 states of the Union, approved September 4, A. D. 1841, and all estates 
 of persons dying without heir or will, and such per cent, as may be 
 granted by congress on the sale of lands in this state, shall be the com- 
 mon property of the state, and shall be a perpetual school fund, which 
 shall not be diminished, but the interest of which, together with all the 
 rents of the lands, and such other means as the legislature may provide 
 by tax or otherwise, shall be inviolably appropriated to the support of 
 common schools. 
 
 SEC. 4. The income of the state school funds shall be disbursed annu- 
 ally, by order of the state superintendent, to the several county treasurers, 
 and thence to the treasurers of the several school districts, in equitable 
 proportion to the number of children and youth resident therein, between 
 the ages of five and twenty-one years : Provided, That no school district 
 in which a common school has not been maintained at least three months 
 in each year shall be entitled to receive any portion of such funds. 
 
 SEC. 5. The school lands shall not be sold unless such sale be author- 
 ized by a vote of the people at a general election ; but, subject to re-valu- 
 ation every five years, they may be leased for any number of years not 
 exceeding twenty-five, at a rate established by law. 
 
 SEC. 6. All money which shall be paid by persons as an equivalent for 
 exemption from military duty; the clear proceeds of estrays, ownership 
 of which shall vest in the taker-up ; and the proceeds of fines for any 
 breach of the penal laws shall be exclusively applied in the several coun- 
 ties in which the money is paid or fines collected, to the support of 
 common schools. 
 
 SEC. 7. Provisions shall be made by law for the establishment, at some 
 eligible and central point, of a state university, for the promotion of 
 literature, and the arts and sciences, including a normal and agricultural 
 department. All funds arising from the sale of lands granted by the 
 United States to the state for the support of a state university, and all 
 other grants, donations or bequests, either by the state or by individuals, 
 for such purpose, shall remain a perpetual fund, to be called the " uni- 
 versity fund," the interest of which shall be appropriated to the support 
 of the state university. 
 
 SEC. 8. No religious sect or sects shall ever control any part of the 
 common-school or university funds of the state. 
 
 SEC. 9. The state superintendent of public instruction, secretary of 
 
 SEC. 5. No provision has been made by law for the leasing of school lands. 
 
SCHOOL LAWS OF KANSAS. 
 
 state and attorney general shall constitute a board of commissioners for 
 the management and investment of the schpol funds. Any two of said 
 commissioners shall be a quorum. 
 
 [Constitution ratified by the people, October 4, 1859.'] 
 
 EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. 
 
 SEC. 3. * * * First: That sections numbered sixteen and thirty- 
 six, in every township of public lands in said state, and where either of 
 said sections, or any part thereof, has been sold or otherwise been disposed 
 of, other lands equivalent thereto, and as contiguous as may be, shall be 
 granted to said state for the use of schools. 
 
 Second: That seventy-two sections of land shall be set apart and re- 
 served for the use and support of a state university, to be selected by the 
 governor of said state, subject to the approval of the commissioner of the 
 general laud office, and to be appropriated and applied in such manner 
 as the legislature of said state may prescribe for the purpose aforesaid, 
 but for no other purpose. 
 
 Approved January 29, 1861. 
 
SCHOOL LAWS OF KANSAS. 
 
 LAWS RELATING TO COMMON SCHOOLS. 
 
 ARTICLE I. STATE SUPERINTENDENT. 
 II. COUNTY SUPERINTENDENT. 
 III. SCHOOL DISTRICTS. 
 IV. DISTRICT OFFICERS. 
 V. DISTRICT SCHOOLS. 
 
 VI. TEACHERS, NORMAL INSTITUTES, AND CERTIFICATES. 
 VII. UNION, OR GRADED-SCHOOL DISTRICTS. 
 VIII. SCHOOL-DISTRICT LIBRARIES. 
 IX. FINES AND PENALTIES. 
 
 X. PUBLIC SCHOOLS IN CITIES OF THE FIRST CLASS. 
 XI. PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 
 XII. PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS. 
 XIII. SCHOOL-DISTRICT BONDS. 
 XIV. SCHOOL LANDS. 
 XV. STATE PERMANENT SCHOOL FUND. 
 XVI. STATE ANNUAL SCHOOL FUND. 
 XVII. COUNTY SCHOOL FUND. 
 XVIII. COMPULSORY ATTENDANCE AT SCHOOL. 
 XIX. SCHOOLS IN UNORGANIZED COUNTIES. 
 XX. PROVIDING FOR THE MAINTENANCE OF SCHOOL FOUR MONTHS. 
 
 ARTICLE I. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 1. Official oath and bond. I 7. May publish the school laws in force, and 
 
 2. Shall have supervision of the educational shall cause the printing and distribution 
 
 interests of the state. 
 
 3. May appoint an assistant superintendent 
 
 and a clerk of the board of school fund com- 
 missioners. 
 
 4. Apportionment of the annual school fund; 
 
 time of making and basis of the same. 
 
 5. Manner of apportioning the state annual 
 
 school fund. 
 
 6. Official opinions to be given at the request 
 
 of county superintendents, and a record of 
 all such decisions to be kept. 
 
 of blanks required in the transaction of the 
 common-school business. 
 
 8. Shall visit schools, and recommend text- 
 
 books. 
 
 9. Office at seat of government ; books, appara- 
 
 tus, reports, etc., to be preserved therein. 
 
 10. Evidence. 
 
 11. Biennial report ; when it shall be made, and 
 
 what it shall contain. 
 
 Official Qualification. SECTION 1. [Laws 1879, Ch. 166, Sec. 
 78.] The state superintendent of public instruction shall, before he 
 enters upon the duties of his office, take and subscribe the proper oath 
 of office, and shall execute to the state of Kansas a bond in the sum of 
 ten thousand dollars, with two or more sufficient sureties, to be approved 
 by the executive council, conditional that he shall faithfully perform the 
 duties of his said office, which oath and bond shall be filed in the office 
 of the secretary of state. 
 
SCHOOL LAWS OF KANSAS. 7 
 
 General Duties. SEC. 2. [Laws 1879, Ch. 166, Sec. 79.] The 
 educational interests of the state shall be under the supervision and man- 
 agement of the state superintendent of public instruction, subject to such 
 limitations and restrictions as are or may be prescribed by law; and he 
 shall have and exercise the powers and perform the duties prescribed in 
 the acts relating to common schools. 
 
 Assistant Superintendent. SEC. 3. [Laws 1879, Ch. 166, Sec. 
 80.] The state superintendent shall have power to appoint an assistant 
 superintendent of public instruction, who shall take the proper oath of 
 office, which shall be filed in the office of the secretary of the state ; and 
 such assistant shall perform such duties as his principal shall prescribe, 
 not inconsistent with law. Such assistant shall be styled the "Assistant 
 State Superintendent of Public Instruction," and the state superintendent 
 shall be responsible for all of the official acts of such assistant. Such 
 superintendent may also appoint an additional clerk, who shall act as 
 clerk of the board of commissioners for the management and investment 
 of the school funds ; and such clerk shall perform such other duties as 
 the superintendent may require, and for whose official acts such superin- 
 tendent shall be responsible. 
 
 Apportionment. SEC. 4. [Laws 1879, Ch. 166, Sec. 81.] Such state 
 superintendent shall distribute the income of the state school fund and 
 the annual taxes collected by the state for the support of common schools 
 to those counties of the state from which the proper reports have been 
 received by said state superintendent. Such distribution shall be made 
 twice in each year, as follows : All such moneys received up to the fifteenth 
 of February shall be distributed between the fifteenth and last day of 
 such month, and that received up to the fifteenth day of August shall be 
 distributed between the fifteenth and last day of such month. The ap- 
 portionment to each county shall be made in proportion to the number 
 of children over the age of five years and under the age of twenty-one 
 years, resident therein, as shown by the last annual report of the county 
 superintendent to the state superintendent. 
 
 SEC. 5. [Laws 1879, Ch. 166, Sec. 82.] Such superintendent shall 
 draw his order on the state treasurer in favor of the county treasurer of 
 the counties respectively entitled to school moneys for the amount of such 
 moneys apportioned to his county, and certify the amount of such order 
 to the state treasurer and state auditor, and also to the county clerk and 
 superintendent of the proper county. 
 
 Official Opinions. SEC. 6. [,Laws 1879, Ch. 166, Sec. 83.] Such 
 superintendent shall, at the request of any county superintendent, give 
 his opinion, upon a written statement of the facts, on all questions and 
 
8 SCHOOL LAWS OF KANSAS. 
 
 controversies arising out of the interpretation and construction of the 
 school laws in regard to the rights, powers and duties of school-district 
 boards, school officers and county superintendents, and shall keep a record 
 of all such decisions. Before giving any such opinion, the superintend- 
 ent may submit the statement of facts to the attorney general for his 
 advice thereon, and it shall be the duty of the attorney general forthwith 
 to examine such statement, and suggest the proper decision to be made 
 upon such facts. 
 
 School Laws and Blanks. SEC. 7. [Laws 1879, Ch. 166, Sec. 
 84.] Such superintendent, not oftener than once in two years, may publish 
 the school laws in force, with such forms, regulations, instructions and 
 decisions as he may judge expedient thereto annexed, and shall cause the 
 same to be forwarded to the persons entitled to receive them. He shall 
 prescribe and cause to be prepared all forms and blanks necessary in the 
 details of the common-school system, so as to secure its uniform operation 
 throughout the state ; and shall cause the same to be forwarded to the 
 several county superintendents, to be by them distributed to the several 
 persons or officers entitled to receive the same. 
 
 Visitation and Text-books. SEC. 8. [Laws 1879, Ch. 166, Sec. 
 85.] It shall be the duty of such superintendent to visit each county of 
 the state at least once in two years, and as much oftener as consistent 
 with the discharge of his other duties, for the purpose of advancing and 
 promoting the cause of education throughout the state. It shall be his 
 duty to recommend the most approved text-books for the common schools 
 of the state, and to open such correspondence as may enable him to ob- 
 tain all necessary information relating to the system of common school^ 
 in other states. 
 
 Office. SEC. 9. [Laws 1879, Ch. 166, Sec. 86.] Such superintendent 
 shall have an office in the capitol, where he shall keep all books and papers 
 pertaining to the duties of his office; and all books, school and other, 
 and all apparatus, maps and charts now belonging to the office of the 
 state superintendent, and such as may hereafter be received for such office 
 by purchase, exchange, or otherwise, shall be kept and preserved in such 
 office, and delivered by the superintendent to his successor. He shall file 
 and carefully preserve in his office the official reports made to him by the 
 county superintendents of the several counties, trustees or directors of 
 academies, graded schools, or colleges. 
 
 Copies Of Papers. SEC. 10. [Laws 1879, Ch. 166, Sec. 87.] Cop- 
 ies of all papers filed in his office, and the record of his official acts, may 
 be certified by him, and when so certified shall be evidence equally and 
 in like manner as the originals. 
 
SCHOOL LAWS OF KANSAS. 
 
 Biennial Report. SEC. 11. [Laws 1879, Ch. 166, Sec. 88.] The 
 superintendent shall, on the first day of December preceding each regular 
 session of the legislature, make out and deliver to the governor a report 
 containing 
 
 First: A statement of the number of common schools in the state, the 
 number of scholars attending the same, their sex, and the branches taught ; 
 a statement of the number of private or select schools in the state, so far 
 as the same can be ascertained, and the number of scholars attending the 
 same, their sex, and the branches taught ; a statement of the number of 
 normal schools in the state, and the number of students attending them ; 
 the number of academies and colleges in the state, and the number of 
 students, and their sex, attending them ; and such other matters of inter- 
 est as he may deem expedient, drawn from the reports of the county 
 superintendents of the several counties in the state, and from other reports 
 received on the subject of education from trustees or other school boards 
 within the state. 
 
 Second: A statement of the condition of the common-school fund of 
 the state, including moneys, school lands or other property held in trust 
 by the state for the support of common schools, and giving a full state- 
 ment of the school-land account of each county. 
 
 Third: A statement of the receipts and expenditures for the year. 
 
 Fourth: A statement of plans for the management and improvement 
 of common schools, and such other information relating to the e lucational 
 interests of the state as he may deem important. 
 
 AKTICLE II. COUNTY SUPERINTENDENT. 
 
 12. Official oath and bond. 
 
 13. General duties; quarterly report to state 
 
 superintendent. 
 
 14. Apportionment of state and county school 
 
 funds. 
 
 15. Report school-district boundaries to county 
 
 clerk. 
 
 16. Annual report to state superintendent. 
 
 17. Compensation, how determined. 
 
 18. Vacancy in board of directors of school dis- 
 
 trict, how filled. 
 
 19. Vacancy in office of county superintendent, 
 
 20. Superintendent shall require clerks' reports 
 
 to be made promptly and correctly. 
 
 21. Power to administer oath, in what cases. 
 
 22. Purchase of records for school districts. 
 
 23. Duty in forming and changing school dis- 
 
 tricts. 
 
 24. Shall furnish map to assessor. 
 
 25. Notice of forming school district and of first 
 
 meeting, how made. 
 
 26. .Other duties; delivery of records of office. 
 
 27. Neglect or refusal to perform duty, prosecu- - 
 
 tion for same. 
 
 how filled. 
 
 Oath and Bond. SECTION 12. [Laws 1881, Ch. 152, Sec. L] The 
 county superintendent of public instruction shall, before he enters upon 
 the duties of his office, take and subscribe an oath or affirmation to sup- 
 port the constitution of the United States and of the state of Kansas ; to 
 faithfully discharge the duties of such office, and execute to the state of 
 Kansas a bond in the sum of one thousand dollars, conditioned to the 
 
10 SCHOOL LAWS OF KANSAS. 
 
 faithful performance of his official duties ; which bond, after having been 
 approved by the board of county commissioners, together with his official 
 oath, shall be filed in the office of the county clerk. 
 
 General Duties. SEC. 13. [Laws 1881J Ch. 152, Sec. 2.] It shall 
 be the duty of the county superintendent of public instruction to visit 
 each school in his county at least once each term of six months, correct- 
 ing any deficiency that may exist in the government of the school, the 
 classification of the pupils, or the methods of instruction in the several 
 branches taught ; to make such suggestions in private to the teachers as 
 he shall deem proper and necessary to the welfare of the school ; to note 
 the character and condition of the school house, furniture, apparatus and 
 grounds, and make a report in writing to the district board, making such 
 suggestions as in his opinion shall improve the same; to examine the 
 accounts and record books of the district officers, and see that they are 
 kept as required by law; to encourage the formation of associations of 
 teachers and educators for mutual improvement, and, as far as possible, 
 to attend the meetings of such associations, and participate in the exer- 
 cises of the same; to attend the normal held in his county, using his 
 influence to secure the attendance of teachers ; to make daily a personal 
 inspection of the work of the institute in session, and keep a record of 
 the same in his office, and do such work in connection with the exercises 
 of the institute as he may deem necessary; to hold a public meeting 
 in each school district of his county at least once every year, for the 
 purpose of discussing school questions and elevating the standard of 
 education; to keep his office open at the county seat, Saturday of each 
 week, and in counties in which the county superintendent receives a salary 
 more than six hundred dollars per annum, he shall keep his office open 
 when not necessarily absent attending to his official duties. He shall 
 keep a complete record of his official acts ; a record of the name, age and 
 post-office address of each candidate for a teacher's certificate, with the 
 number of weeks said candidate has attended a normal school or institute, 
 the number of weeks he has taught, his standing in each study, and the 
 date of issue and expiration of each certificate granted. He shall keep 
 a register of the teachers employed in his county, giving name of teacher, 
 
 SEC. 13. (a) "At least once each term of six months " is held to mean at least once each half-year. 
 
 (6) The power to correct deficiencies in government, classification and methods of instruction, im- 
 plies a direct responsibility of the teacher to the superintendent. The language of the law is clearly 
 intended to establish this relation somewhat as it exists in city schools. Failure to pay reasonable at- 
 tention to the suggestions of the county superintendent in these matters is held to be sufficient ground 
 for withholding the teacher's certificate. 
 
 (c) The county superintendent cannot receive compensation for work in connection with the nor- 
 mal institute. 
 
 (d) The provisions of this section require the entire time of every county superintendent receiving 
 a salary of over six hundred dollars. 
 
SCHOOL LAWS OF KANSAS. 11 
 
 number of the district in which he is employed, dates of opening and 
 closing term, salary per month, grade of certificate, and date of superin- 
 tendent's visit. He shall keep a record of the semi-annual apportion- 
 ments of the state and county school funds, and such other statistical 
 records as shall be required in making reports to the state superintendent 
 of public instruction. He shall make out and transmit to the state 
 superintendent, on the last Monday of March, June, September and 
 December of each year, a report, showing the number of school visits 
 made, with the average length of time spent in such visits ; the number 
 of consultations held with school officers; the number of days his office 
 has been kept open ; the number of district treasurers 7 and clerks' record - 
 books examined ; the number of teachers 7 meetings attended ; the num- 
 ber of public lectures delivered ; and such other information as the state 
 superintendent may require regarding the duties of such county superin- 
 tendent ; and until such report shall have been forwarded to the state 
 superintendent, and a copy thereof filed with the county clerk for publi- 
 cation, and that fact certified by the said county superintendent to the 
 board of county commissioners, the warrant for his salary shall not be 
 drawn. The county superintendent shall obtain from the county clerk, 
 at least ten days before the time for holding the annual school meeting 
 each year, a certified statement of the total assessed valuation of the 
 property in each school district in his county, and immediately certify 
 the same to the several school-district clerks of his county, for the infor- 
 mation of the annual school meeting ; and it is hereby made the duty of 
 said county clerks to make out the said certified statement, and deliver 
 the same to the county superintendent. 
 
 Apportionment of School Funds. SEC. 14. [Laws 1881, Ch. 152, 
 Sec. 3.] Within five days after receiving the certificate of the state su- 
 perintendent of public instruction, informing him of the amount of state 
 
 SEC. 14. A district must not only have had a common school taught at least three months during the 
 school year ending July 31st, but it must also have made through its district clerk, the requisite annual 
 report for the school year in time to be included in the annual report of the county superintendent, or 
 the county superintendent cannot legally apportion to the district a share of the next ensuing Febru- 
 ary and August dividends of the state and county school funds. In apportioning these funds the 
 county superintendent must be governed not only by the proviso regarding the length of school term, 
 but also by the number of children of school age residing in the several districts of the county, "as the 
 same shall appear from the last annual reports of the clerks of the respective districts." For purposes of ap- 
 portionment, it is only from the annual report of a clerk of a district that the county superintendent 
 can legally know the number of children of school age residing in the district. 
 
 In the case of the organization of a school district out of a part of the territory of another which is 
 entitled to a portion of the state and county school funds, the newly-formed district should be appor- 
 tioned its just share of the funds to which the original district would have been entitled. If the divi- 
 sion of the district was made before the time of making the annual report, the report of the new district 
 should show the number of children resident of the territory detached from the old district, so that 
 this apportionment may be made upon official returns. If the new district was organized after the 
 time of making the annual report, the officers of the former district should be directed to pay to the 
 treasurer of the new district that portion of the funds to which the children residing upon the detached 
 territory entitle said district. 
 
12 SCHOOL LAWS OF KANSAS. 
 
 school fund which has been apportioned to his county, the county super- 
 intendent shall apportion the same, together with the unapportioned 
 county school fund in the county treasury, among the school districts and 
 parts of districts in such county, in the ratio of the number of persons 
 of school age residing in each district or part of district, as shown by the 
 last annual reports of the several clerks of such districts and parts of 
 districts : Provided, That no district in which a common school has not 
 been taught at least three months the last preceding school year shall be 
 entitled to receive any portion of either of said funds ; and he shall draw 
 his order on the county treasurer in favor of each of the several school- 
 district treasurers for the amount apportioned to such district. 
 
 School-District Boundaries. SEC. 15. [Laws 1881, Ch. 152, Sec. 
 4. ] It shall be the duty of the county superintendent of public instruc- 
 tion, on or before the fourth Monday of July of each year, to furnish 
 the clerk of his county a description of the boundaries of each and every 
 school district and part of district in such county. 
 
 Annual Report. SEC. 1 6. [Laws 1881, Ch. 152, Sec. 5.] He shall, 
 on or before the fifteenth of October of each year, make out and transmit 
 in writing to the state superintendent of public instruction a report bear- 
 ing date of October 1st, containing a statement of the number of school 
 districts or parts of districts in the county, and the number of children 
 and their sex, resident in each over the age of five and under the age of 
 twenty-one years; a statement of the number of district schools in the 
 county, the length of time a school has been taught in each, the number 
 of scholars attending the same, their sex, the branches taught and the 
 text-books used, the number of teachers employed in the same, and their 
 sex ; a statement of the number of private or select schools in the county 
 so far as the same can be ascertained, and the number of teachers em- 
 ployed in the same, their sex, and the branches taught; a statement of 
 the number of graded schools in the county, the length of time school has 
 been taught in each, and the number of scholars attending the same, their 
 sex, and the branches taught, the number of teachers employed in the 
 same, and their sex ; a statement of the condition of the normal school, 
 where such school has been established, the number of students attend- 
 ing the same, their sex, and the number of teachers employed in the same, 
 and their sex ; a statement of the county normal institute ; a statement of 
 the number of academies and colleges in the county, and the number of 
 students attending the same, and their sex, the number of teachers em- 
 
 SEC. 16. The annual reports of county superintendents constitute the basis upon which the state 
 superintendent disburses the semi-annual dividends to the several counties. If any county superin- 
 tendent, therefore, fails to make his annual report, as required by law, the county loses its share of the 
 state school fund, and the county superintendent becomes responsible to the county for the amount. 
 
SCHOOL LAWS OF KANSAS. 13 
 
 ployed in each, and their sex ; a statement of the amount of public money 
 received in each district or parts of districts, and what portion of the 
 same, if any, has been appropriated to the support of graded schools ; a 
 statement of the amount of money raised in each district by tax and paid 
 for teachers' wages, in addition to the public money paid therefor; the 
 amount of money raised by tax or otherwise for the purpose of purchas- 
 ing school site, for building, hiring, purchasing, repairing, furnishing, or 
 insuring such school house, or for any other purpose allowed by law, in 
 the district or parts of districts. 
 
 Compensation. SEC. 17. [Laws 1 881, Ch. 152, Sec. 6.] Thecounty 
 superintendent of public instruction in counties containing one thousand 
 and not more than twelve hundred persons, between the ages of five and 
 twenty-one years, shall receive four hundred dollars per annum ; in coun- 
 ties having a school population of from twelve hundred to fifteen hun- 
 dred, he shall receive five hundred dollars per annum ; and in counties 
 containing more than fifteen hundred persons of school age, he shall 
 receive five hundred dollars, and twenty dollars for each additional one 
 hundred such persons per annum ; in counties having a school population 
 of less than one thousand, the county superintendent shall receive three 
 dollars for each day actually and necessarily employed in the discharge 
 of the duties of his office, for a number of days not to exceed one hun- 
 dred in any one year, which compensation shall be payable quarterly on 
 the order of the board of county commissioners: Provided, That no 
 county superintendent shall receive to exceed one thousand dollars per 
 annum, and that in determining the salaries of county superintendents, 
 the school population of cities of the first and second class shall not be 
 included. 
 
 Vacancy in Board. SEC. 18. [Laws 1881, Ch. 152, Sec. 7.] Should 
 a vacancy occur in the board of directors of any school district, it shall 
 be the duty of the county superintendent to appoint some suitable person, 
 a resident of the district, to fill the same, and the person so appointed 
 shall continue in office until the next annual meeting thereafter, and until 
 his successor is elected and qualified. 
 
 Vacancy in Office of County Superintendent. SEC. 19. [Laws 
 1881, Ch. 152, Sec. 8.] When a vacancy occurs in the office of county 
 superintendent of public instruction, by death, resignation or otherwise, 
 notice thereof shall be given by the county clerk to the board of county 
 commissioners, who shall, as soon as practicable, appoint some suitable 
 
 SEC. 17. " School population " is held to mean the enumeration taken annually by school-district 
 clerks for the annual report. Such enumeration for each year should constitute the basis for the Super- 
 intendent's salary for the next year, beginning January 1. 
 
 SEC. 18. No petition is required. 
 
14 SCHOOL LAWS OF KANSAS. 
 
 person to fill the vacancy, and the person receiving such appointment 
 shall, before entering upon the discharge of the duties of the office, file 
 his oath or affirmation and bond in the county clerk's office as herein- 
 before provided, and shall hold his office until his successor is elected and 
 qualified. 
 
 Clerks' Reports. SEC. 20. [Laws 1881, Ch. 152, Sec. 9.] He shall 
 see that the annual reports of the clerks of the several school districts 
 and parts of districts in his county are correctly made and in due time. 
 
 Oaths. SEC. 21. [Laws 1881, Ch. 152, Sec. 10.] County superin- 
 tendents shall have power to administer oaths in all cases in which an 
 oath is made necessary by any provisions of the school law, except in the 
 qualifying of county superintendents and their sureties. 
 
 Purchase of Records. SEC. 22. [Laws 1881, Ch. 152, Sec. 11.] 
 The county superintendent of public instruction of the respective counties 
 in this state may purchase for each organized school district in his county 
 not having sufficient records, one set of school-district records, consisting 
 of district clerks' records and order books, district treasurers' book, and 
 a teachers' daily register. Each of said books shall contain such printed 
 forms and instructions as will enable the teacher and the school-district 
 officers to perform with correctness and accuracy their several duties as 
 required by law: Provided, The entire set of said records as above 
 enumerated shall not exceed in cost four dollars for each set ; and the 
 said superintendent shall draw his order or warrant on the county treas- 
 urer in favor of the person he purchases said books of, for the amount 
 of the purchase-money, and it is hereby made the duty of said county 
 treasurer to pay said warrant or order out of any money in his hands be- 
 longing to the respective districts in his county : Provided, That no funds 
 in the hands of the county treasurer belonging to the several school dis- 
 tricts in his county shall be diverted from the object for which said fund 
 was raised, and the said superintendent shall deliver the said books to 
 the district board of each district. 
 
 Forming and Changing Districts. SEC. 23. [Laws 1881, Ch. 
 152, Sec. 12.] It shall be the duty of the county superintendent of pub- 
 
 SEC. 22. There is no warrant of la.w for purchasing and holding supplies of record books to be de- 
 livered to districts as they may be needed. The purchase should be made directly for each district, and 
 warrant drawn against moneys credited to that district on the books of the county treasurer. 
 
 SEC. 23. It is very desirable that the people concerned should be consulted, and the arguments on 
 both sides carefully considered, before making important changes. After a district has issued bonds 
 to build or purchase a school house, alterations should be discouraged until the bonds are paid, except 
 in cases where imperative necessity demands a change. The object should be to establish strong and 
 permanent districts. It is better for a youth to walk double the distance to a good school, than to have 
 a poor school near his door. 
 
 In changing district boundaries, five notices, posted for twenty days preceding, must be given to 
 each district affected. Appeals need not be made from the contemplated action outlined in the twenty- 
 day notices, but must be taken within ten days from the actual change made. 
 
SCHOOL LAWS OF KANSAS. 15 
 
 lie instruction to divide the county into a convenient number of school 
 districts, and to change such districts when the interests of the in- 
 habitants thereof require it, but only after twenty days' notice thereof by 
 written notices posted in at least five public places in the district to be 
 changed ; but no new school district shall be formed containing less than 
 fifteen persons of school age, no district shall be so changed as to reduce 
 its school population to less than fifteen, and none having a bonded in- 
 debtedness shall be so reduced in territory that such indebtedness shall 
 exceed five per cent, of their assessed property valuation : Provided, That 
 any person interested may appeal to the board of county commissioners 
 from the action of the county superintendent. Such superintendent shall 
 number school districts when formed, and he shall keep in a book for 
 that purpose a description of the boundaries of each school district and 
 part of district in his county, with plat of the same, date of its organiza- 
 tion, date and full record of all changes of boundaries, and a list of dis- 
 trict officers in his county, the date of election or appointment, and the 
 time the term of each is to expire. 
 
 Shall Furnish Map. SEC. 24. [Laws 1883, Ch. 198, Sec. 3.] The 
 county superintendent of public instruction of the several counties of 
 the state shall, on or before March 1 of each year, furnish to each assessor 
 within his county a map of the city or township of such assessor, show- 
 ing the number and metes and bounds of every school district or part of 
 school district within his township or city. 
 
 Notice of First Meeting. Sec. 25. [Laws 1881, Ch. 152, Sec. 13.] 
 Whenever a school district shall be formed in any county, the county 
 superintendent of public instruction of such county shall within fifteen 
 days thereafter prepare a notice of the formation of such district, describ- 
 ing its boundaries and stating the number thereof. He shall cause the 
 notices thus prepared to be posted in at least five public places in the 
 district, and in case there shall be no appeal, shall in ten days thereafter 
 in like manner appoint a time and place for a special district meeting, for 
 the election of officers and the transaction of such business as is prescribed 
 by law for special school-district meeting. 
 
 Other Duties SEC. 26. [Laws 1881, Ch. 152, Sec. 14.] He shall 
 discharge such other duties as may be prescribed by law, and in cases of 
 sickness or temporary absence he may employ a deputy. He shall 
 deliver to his successor, within ten days after the expiration of his term 
 of office, all books and papers appertaining to his office. 
 
 Neglect or Refusal to Perform Duty. SEC. 27. [Laws 1881, 
 Ch. 152, Sec. 15.] Every county superintendent who shall neglect or 
 refuse to perform any act which it is his duty to perform, or shall cor- 
 
16 
 
 SCHOOL LAWS OF KANSAS. 
 
 ruptly or oppressively perform any such duty, he shall forfeit his office, 
 and shall be liable on his official bond for all damages occasioned thereby, 
 to be recovered in the name of the state for the benefit of the proper 
 party, district, or county. 
 
 ARTICLE III. SCHOOL DISTRICTS. 
 
 g 28. Shall be deemed organized, when. 
 
 29. Shall be a body corporate. 
 
 30. Joint districts, how formed and designated. 
 
 31. New districts formed from one or more dis- 
 
 tricts ; apportionment of property. 
 
 32. Aggrieved persons may appeal. 
 
 33. Annual meeting, when held ; notice ; special 
 
 meetings. 
 
 34. When business of annual meeting may be 
 
 transacted at special meeting; when and 
 how called. , 
 
 \ 35. Notice of district meetings. 
 
 36. Who may vote at a district meeting. 
 
 37. How to proceed when a voter is challenged. 
 
 38. Powers of district meetings. 
 
 39. District meetings may determine length of 
 
 school term, etc.; when board may deter- 
 mine the same. 
 
 40. School-house site may be changed. 
 
 41. Value of school house, how determined. 
 
 42. School-house site may be condemned, when 
 
 and how. 
 
 Organization. SECTION 28. [Laws 1876, Ch. 122, Art. 3, Sec. 1.] 
 Every school district shall be deemed duly organized when the officers 
 constituting the district board shall have been elected and qualified, and 
 shall have signified their acceptance to the county superintendent in writ- 
 ing, which the superintendent shall file in his office. 
 
 Body Corporate SEC. 29. [Laws 1876, Ch. 122, Art. 3, Sec. 2.] 
 Every school district organized in pursuance of this act shall be a body 
 corporate, and shall possess the usual powers of a corporation for public 
 purposes, by the name and style of school district No. (such a num- 
 ber as may be designated by the county superintendent ), county 
 
 (the name of the county in which the district is situated), state of Kansas, 
 and in that name may sue and be sued, and be capable of contracting and 
 being contracted with, and holding such real and personal estate as it may 
 come into possession of by will or otherwise, or as is authorized to be 
 purchased by the provisions of this act. 
 
 Joint Districts. SEC. 30. [Laws 1879, Ch. 158, Sec. 1.] When it 
 shall become necessary to form a school district, lying partly in two or 
 more counties, the county superintendents of the counties in which the 
 said tract of country shall be situated, when application shall be made in 
 writing to any one of them by five householders resident therein, shall, 
 if by them deemed necessary, meet and proceed to lay off and form the 
 same into a school district, issue notices for the first district meeting, and 
 shall file the proper papers in their respective offices ; and such district 
 
 so organized shall be designated joint district No. , counties of ; 
 
 and the boundaries of such district shall not be altered except by the 
 
 SEC. 28. Officers elected at first district meeting hold only until the next annual election. 
 SEC. 30. It is held that appeals should be taken to the State Superintendent, in the case of the for- 
 mation, as well as alteration, of joint school districts. 
 
SCHOOL LAWS OF KANSAS. 17 
 
 joint action of the superintendents of the several counties represented in 
 said district : Provided, That if in the alteration of, or refusal to alter, 
 the boundaries of any joint school district, any person or persons shall 
 feel aggrieved, such person or persons may appeal to the state superin- 
 tendent of public instruction, and notice of such appeal shall be served 
 on the superintendents of the several counties represented in said district 
 within ten days after the rendition by them of the decision appealed from, 
 which notice shall be in writing, and shall state fully the objections to 
 the action of the county superintendent, and a copy thereof shall be filed 
 with the state superintendent of public instruction ; and it shall be the 
 duty of the county superintendent in whose possession are the papers 
 connected with the action appealed from to transmit the same to the state 
 superintendent of public instruction, immediately upon being served with 
 notice of appeal, as hereinbefore presented ; and thereupon the state su- 
 perintendent of public instruction shall fix a time for the hearing of said 
 appeal, and notify the several county superintendents interested, and the 
 appellants, thereof; and his decision on said appeal shall be final, and 
 shall be by him certified to the several county superintendents interested, 
 .and they shall take action in accordance therewith : And provided further, 
 That each joint district, except in matters relating to the alteration of the 
 boundaries thereof, shall be under the jurisdiction and control of the 
 superintendent of that one of the counties represented in such district 
 which has the largest amount of territory embraced within the boundaries 
 -of such joint district. 
 
 Division of Property. SEC. 31. [Laws 1876, Ch. 122, Art. 3, 
 Sec. 4.] When a new district is formed, in whole or in part, from one or 
 more districts possessing a school house or entitled to other property, the 
 county superintendent, at the time of forming such new district, shall 
 
 SEC. 31. For the division of school property under the provisions of this section, the following rules 
 are recommended, viz. : 
 
 IST RULE, To be applied in dividing school property which has been procured with the proceeds of district 
 taxes : 
 
 First: Find the assessed valuation of the taxable property of the undivided district as returned on 
 ithe last assessment roll of the county. 
 
 Second : Find, in like manner, the assessed valuation of the taxable property of the tearitory which 
 is to be cut off, and which does not retain the school property. 
 
 Third : Find the present value of the school property of the undivided district, including moneys 
 raised from district taxes and remaining in the treasury at the time the division is made, after dis- 
 charging all indebtedness payable out of such moneys. 
 
 Fourth: Multiply the present value of the school property by the assessed valuation of the terri- 
 tory which is to be cut off. The product, divided by the assessed valuation of the undivided district, 
 .gives the amount due to the territory which is to be cut off. 
 
 2D RULE, To be applied in dividing such school property as consists of moneys received by the undivided dis- 
 trict from the state and county school funds. 
 
 First : Find the number of children of school age residing in the undivided district, as given in the 
 last annual report of the clerk of the district. 
 
 Second : Find, in like manner, the number of children of school age residing in the territory which is 
 ito be cut off, and which does not retain the school property. 
 
18 SCHOOL LAWS OF KANSAS. 
 
 equitably determine the proportion of the present value of such school 
 house, or other property justly due to said new district. Such proportion,, 
 when ascertained, shall be levied by the district board of the district re- 
 taining the school house or other property, upon the taxable property of 
 the district, and shall be collected in the same manner as if the same had 
 been authorized by a vote of the district for building a school house, and 
 when collected shall be paid to the treasurer of the new district, to be 
 applied towards procuring a school house for such district. 
 
 Aggrieved Persons. SEC. 32. [Laws 1876, Ch. 122, Art. 3, Sec. 
 5.] If, in the formation or alteration of, or refusal to form or alter school 
 districts, any person or persons shall feel aggrieved, such person or per- 
 sons may appeal to the board of county commissioners, who shall confer 
 with the county superintendent, and their action shall be final : Provided,. 
 That notice of such appeal shall be served on the county superintendent 
 within ten days of the time of posting of the notices of the formation or 
 alteration of such district ; such notices shall be in writing, and shall state 
 fully the objections to the action of the county superintendent, a copy of 
 which shall be filed with the county clerk, and also with the clerks of all 
 districts affected by such alteration : And provided, also, That such ap- 
 peal shall be heard and decided by the majority of the board of county 
 commissioners at their next regular meeting ; and if such appeal is not- 
 sustained by them, the county superintendent shall proceed to appoint 
 the time and place for said first district meeting, which shall then pro- 
 ceed as by law required. 
 
 Annual and Special Meetings. SEC. 33. [Laws 1876, Ch. 122, 
 Art. 3, Sec. 6.] An annual meeting of each school district shall be held 
 on the second Thursday of August of each year, at the school house be- 
 longing to the school district, at two o'clock p. M. Notice of the time 
 
 Third : Find the amount of state and county school moneys remaining in the treasury of the undi- 
 vided district at the time the division is made, after .discharging all indebtedness for teachers' wages. 
 
 Fourth : Multiply the residue of state and county school moneys by the number of children residing 
 in the territory which is to be cut off. That product, divided by the number of children of school age 
 residing in the undivided district, gives the amount of state and county school moneys due to the terri- 
 tory which is to be cut off. 
 
 The county superintendent of public instruction should make the division of school property at the 
 time of forming a new school district, but his failure to do so at that time does not impair the rights of 
 said district. Within a reasonable time after the organization of a new district, aggrieved parties may 
 demand of him that he make an equitable division of the school property of the original district.. 
 Should he neglect or refuse to grant their request, they may, by mandamus, compel him to do so. If an 
 unfair division is made by the county superintendent, either party has a right to appeal to the courts 
 and have the matter adjudicated. If after the division has been made, the officers of the district re- 
 taining the school house or other property shall neglect or refuse to levy the tax mentioned in this 
 section, they can be compelled by mandamus to make the levy. 
 
 When a new district has been formed, and the county superintendent has determined the amount due- 
 the new district from the old, the district retaining the school house cannot issue bonds with which to- 
 pay the sum due, but must levy a tax as is provided for in this section. 
 
 SEC. 32. See note on section 30. 
 
SCHOOL LAWS OF KANSAS. 19 
 
 and place of said annual meeting shall be given by the clerk, by posting 
 written or printed notices in three public places of the district at least 
 ten days before said meeting. Special meetings may be called by the dis- 
 trict board, or by a majority of the legal voters of the district, but notice 
 of such special meeting, stating the purpose for which it is called, shall 
 be posted in at least three public places within the district ten days pre- 
 vious to the time of such meeting. 
 
 Special Meeting. SEC. 34. [Laws 1876, Ch. 122, Art, 3, Sec. 7.] 
 Whenever the time for holding an annual meeting in any district shall 
 pass without said meeting being held, the clerk, or, in his absence, any 
 other member of the district board, within twenty days after the time for 
 holding said annual meeting shall have passed, may give notice of a special 
 meeting by putting up written notices thereof in three public places with- 
 in the district, at least five days previous to the time of meeting; but if 
 such meeting shall not be notified within twenty days as aforesaid, the 
 county superintendent may give notice of such meeting in the manner 
 provided for forming new districts ; and the officers chosen at such special 
 meeting shall hold their offices until the next annual meeting, and until 
 their successors are elected and qualified. 
 
 Notice of Ivleetings. SEC. 35. [Laws 1876, Ch. 122, Art, 3, Sec. 8.] 
 It shall be the duty of the clerk to give at least ten days' notice previous 
 to any annual or special district meeting, by posting up notices thereof 
 at three or more public places in the district, one of which notices shall 
 be affixed to the outer door of the school house, if there be one in the 
 district, and said clerk shall give the like notice of every adjourned 
 meeting, when such meeting shall have been adjourned for a longer period 
 than one month. Every notice for a special district meeting shall specify 
 the objects for which such meeting is called, and no business shall be acted 
 upon at any special meeting not specified in said notice. 
 
 Qualified Voters. SEC. 36. [Laws 1876, Ch. 122, Art, 3, Sec. 9.] 
 The following persons shall be entitled to vote at any district meeting : 
 
 First All persons possessing the qualifications of electors as defined 
 by the constitution of the state, and who shall be residents of the district 
 at the time of offering to vote at said election. 
 
 Second All female persons over the age of twenty-one years, not sub- 
 ject to the disqualifications named in section second, article fifth, of the 
 
 SEC. 33. This section fixes the time and place of holding the Annual meeting of the school district. 
 While it is the duty of the district clerk to post the notices of the meeting provided for in the section, a 
 failure to do so will not invalidate the proceedings had, should the voters convene at the proper time 
 and place, and transact the business mentioned in sections 37 and 38 of this article. However, should 
 the district clerk for any reason fail to post the notices at the proper time, he should do so as soon 
 thereafter as possible before the second Thursday of August. 
 
20 SCHOOL LAWS OF KANSAS. 
 
 constitution of the state, and who shall be residents of the district at the 
 time of offering to vote. 
 
 Challenge. SEC. 37. [Laws 1876, Ch. 122, Art. 3, Sec. 10.] If any 
 person offering to vote at a school-district meeting shall be challenged as 
 unqualified by any legal voter, the chairman presiding shall declare to 
 the person challenged the qualifications of a voter, and if such challenge 
 be not withdrawn, the chairman, who is hereby authorized, shall tender 
 to the person offering to vote the following oath or affirmation : " You 
 do solemnly swear (or affirm) that you are an actual resident of this school 
 district, and that you are qualified by law to vote at this meeting/' Any 
 person taking such oath or affirmation shall be entitled to vote on all 
 questions voted upon at such meeting. 
 
 Powers of District Meetings, SEC. 38. [Laws 1885, Ch. 181, 
 Sec. 1.] The inhabitants qualified to vote at a school meeting, lawfully 
 assembled, shall have power first, to appoint a chairman to preside over 
 said meeting in the absence of the director second, to adjourn from time to 
 time ; third, to choose a director, clerk, and treasurer, who shall possess 
 the qualifications of voters; fourth, to designate by vote a site for the 
 district school house; fifth, to vote a tax annually not exceeding two 
 per cent, on the taxable property in the district, as the meeting shall deem 
 sufficient for the various school purposes, and distribute the amount as the 
 meeting shall deem proper in the payment of teachers' wages, and to pur- 
 chase or lease a site : Provided, When not included within the limits of a 
 town or village, said site shall not contain less than one acre ; and to build, 
 hire, or purchase such school house, and to keep in repair and furnish the 
 same with the necessary fuel and appendages ; sixth, to authorize and di- 
 rect the sale of any school-house site, or other property belonging to the 
 district, when the same shall be no longer needful for the use of the dis- 
 trict ; seventh, to give such direction and make such provisions as may be 
 deemed necessary in relation to the prosecution or defense of any suit or 
 proceeding in which the district may be a party. 
 
 School Term, SEC. 39. [Laws 1876, Ch. 122, Art, 3, Sec. 12.] 
 The qualified voters at each annual meeting, or any special meeting duly 
 called, may determine the length of time a school shall be taught in their 
 district for the then ensuing year, which shall not be less than three 
 months, and whether such school shall be taught by a male or female 
 teacher, or both, and whether the school money to which the district may 
 
 SEC. 38. A tax may also be levied for the purpose of purchasing a district library. See Article 
 VIII, section 124. 
 
 SEC. 89. The electors, at the annual or a special meeting, have no power to determine who shall or 
 who shall not be employed as teacher, or the compensation such teacher shall receive. These are ques- 
 tions to be determined by the district board. 
 
SCHOOL LAWS OF KANSAS. 21 
 
 be entitled shall be applied to the support of the summer or winter term 
 of the school, or a certain portion to each ; but if such matters shall not 
 be determined at the annual or any special meeting, it shall be the duty 
 of the district board to determine the same. 
 
 Change of Site. SEC. 40. [Laws 1874, Ch. 122, Sec. 1.] That [in] 
 school districts having school houses the value of which is not less than 
 four hundred dollars, the school-house site shall not be changed except 
 by a vote of at least two-thirds of the legal voters of the district in favor 
 of such change. 
 
 Appraisement. SEC. 41. [Laws 1874, Ch. 122, Sec. 2.] The value 
 of the school houses in districts desiring to change the school site shall 
 be determined by three appraisers, who shall be freeholders, chosen at a 
 district meeting by the qualified electors of the district. 
 
 Site Condemned. SEC. 42. [Laws 1885, Ch. 174, Sec. 3.] In 
 case any school district or the board of education of any city of the second 
 class cannot, by purchase at reasonable rates, or by donation, or otherwise, 
 obtain title to the site selected by such school district ; or if it be deemed 
 advisable by such school district or by the district board to add other 
 ground to any school-house site already selected ; or if, in good faith, but 
 by mistake or otherwise, a school house has been or shall be erected 
 wholly or partially upon any land or lot to which said school district at 
 the time of the erection of such school building, or any addition thereto, 
 had not acquired title, then, and in any such cases, upon the written 
 application of the district board of such school district, or a majority of 
 the board, it shall be the duty of the probate judge of the county in which 
 such school district is situated, to appoint three disinterested freeholders 
 of such county, and not residents of such school districts, to condemn and 
 appraise such site, or addition thereto ; and in case such land or lot so 
 condemned and appraised shall be an original selection for a school-house 
 site, the amount so condemned and appraised shall not exceed one and 
 one-half acres ; and if it be for an addition to an existing site, the addi- 
 tional amount condemned and appraised shall not, with the original site, 
 exceed one and one-half acres. Immediately after their appointment, such 
 appraisers shall proceed, and condemn and appraise the value of the site 
 so selected, or the addition to such existing site. And they shall, within 
 ten days thereafter, make and sign a report describing the land or lot so 
 condemned, the purpose for which it was so condemned, and the appraised 
 value thereof, which report shall be by them filed in the office of the reg- 
 ister of deeds of the county in which such land or lot is situate, and by 
 such register duly recorded, as other instruments of writing affecting the 
 title to real estate are recorded. In appraising any school -house site, or 
 addition thereto, to which such school district had not title at the time of 
 
22 
 
 SCHOOL LAWS OF KANSAS. 
 
 erecting any school house, or addition thereto, thereon, said appraisers 
 shall exclude from their appraisement the value of such school house, or 
 addition, and appraise such land or lot at its value, exclusive of such 
 building, addition or other improvement placed thereon in good faith, 
 but by mistake of said school district or said school district board. 
 Within thirty days after the report of said appraisers is filed in the office 
 of the register of deeds, the district board of such school district shall pay 
 to the county treasurer of the county in which such condemned land or 
 lot is situate, for the use of the owner of such lands or lot, the amount of 
 the appraised value thereof, and also fifty cents for said register of deeds 
 for recording said report. And upon such payment being made to such 
 county treasurer by such district board, the title to such site or addition 
 thereto shall vest in such school district. Either party, the owner of the 
 land or lot condemned, or the school district, may appeal from such ap- 
 praisement to the district court, in the same time and manner that ap- 
 peals are taken from the judgments of justices of the peace in civil actions. 
 
 ARTICLE IV. DISTRICT OFFICERS. 
 
 43. Officers; term of office. g 64. 
 
 44. Official oath. 
 
 45. Forfeiture of office ; vacancy, how filled. 65. 
 
 46. Duty of directors. 66. 
 
 47. Duty of district clerk. 67. 
 
 48. Clerk shall be ex officio clerk of all district 
 
 meetings. 68. 
 
 49. Shall draw orders on the district treasurer. 69. 
 
 50. Clerk's annual report ; to whom made, when 70. 
 
 and how. 
 
 51. Shall report to each county superintendent ; 71. 
 
 joint district. 72. 
 
 52. Penalty for false report. 73. 
 
 53. District clerk shall report to county clerk a 74. 
 
 list of resident tax-payers. 75. 
 
 54. Fine for failure to report district tax to 76. 
 
 county clerk. 77. 
 
 55. Shall report to county superintendent, what. 78. 
 
 56. District and city clerks, and clerks of boards 79. 
 
 of education, shall report bonded indebt- 80. 
 
 edness to county clerk. 81. 
 
 57. Fine for not delivering records to successor. 82. 
 
 58. District treasurer shall execute bond. 
 
 59. Shall pay school moneys, on whose order. 
 
 60. Shall receive school moneys from county 83. 
 
 treasurer, on whose order. 
 
 61. District taxes voted but not levied in any j 84. 
 
 year shall be collected with taxes of the 
 year following. 
 
 62. District treasurer shall keep account, etc.; 85. 
 
 shall report in writing at annual meeting. 
 
 63. Procedure, if he does not pay over moneys 
 
 to his successor. 
 
 Powers and duties of school-district board; 
 shall execute all lawful orders of district. 
 
 Shall have care of property of district. 
 
 May admit non-resident pupils, when. 
 
 Shall hire qualified teachers; may dismiss 
 teachers for cause. 
 
 Shall provide necessary appendages, when. 
 
 May suspend a pupil for cause ; appeal. 
 
 Shall furnish teachers with daily register; 
 shall visit schools. 
 
 Shall require uniformity of text-books. 
 
 Majority of all districts of county. 
 
 Shall vote, where. 
 
 County text-book board. 
 
 Publishers' guarantee. 
 
 Shall furnish each school district. 
 
 Once in five years. 
 
 Cities of first and second class. 
 
 When change may be made. 
 
 Penalty. 
 
 Disposition of fines. 
 
 Shall cause district clerk to certify to county 
 clerk the percentage of district taxes, 
 when. 
 
 Judgments, how obtained ; the board liable, 
 when. 
 
 The board may remove school house or other 
 improvement, when; probate judge may 
 appoint appraisers to condemn site, etc. 
 
 May open school house for the use of religi- 
 ous, political, literary, scientific, mechan- 
 ical, or agricultural societies. 
 
 Officers; Term. SECTION 43. [Laws 1876, Ch. 122, Art. 4, Sec. 
 1 .] The officers of each school district shall be a director, clerk, and treas- 
 
SCHOOL LAWS OF KANSAS. 23 
 
 urer, who shall constitute the district board, and who shall be elected 
 and hold their respective offices as follows : At the annual meeting in 
 eighteen hundred and seventy-four, there shall be elected a director who 
 .shall hold his office for three years, a clerk who shall hold his office for 
 two years, and a treasurer who shall hold his office for one year ; and 
 thereafter at each annual meeting there shall be elected one member of 
 said board in place of the outgoing member, who shall hold his office for 
 three years, and until his successor shall be elected and qualified. 
 
 Official Oath. SEC. 44. [Laws 1876, Ch. 122, Art. 4, Sec. 2.] 
 School-district officers, before entering upon their official duties, shall 
 take an oath to faithfully perform said duties ; and the chairman of any 
 regular or special meeting is hereby authorized and empowered to admin- 
 ister such oath. 
 
 Office Forfeited. SEC. 45. [Laws 1876, Ch. 122, Art. 4, Sec. 3.] 
 Every person duly elected to the office of director, clerk or treasurer of 
 any school district, who shall refuse or neglect, without sufficient cause, 
 to qualify within twenty days after his election or appointment, or who 
 having entered upon the duties of his office, shall neglect or refuse to 
 perform any duty required of him by the provisions of this act, shall 
 thereby forfeit his right to the office to which he was elected or appointed, 
 .and the county superintendent shall thereupon appoint a suitable person 
 in his stead. 
 
 Director. SEC. 46. [Laws 1876, Ch. 122, Art. 4.] The director of 
 ^ach district shall preside at all district meetings, and shall sign all orders 
 drawn by the clerk, authorized by a district meeting or by the district 
 board, upon the treasurer of the district, for moneys collected or received 
 by him to be disbursed therein. He shall appear for and in behalf of 
 the district, in all suits brought by or against the district, unless other 
 direction shall be given by the voters of such district, at a district meet- 
 ing. 
 
 Clerk. SEC. 47. [Laws 1876, Ch. 122, Art. 4, Sec. 5.] The clerk of 
 each district shall record the proceedings of his district in a book pro- 
 vided by the district for that purpose, and enter therein copies of all re- 
 ports made by him to the county superintendent; and he shall keep and 
 
 SEC. 43. The officers of a school district constitute the board of directors in such a sense as to be. 
 .able to transact the school business of the district only when in session as a district board. As the law is 
 silent as to how, when and where the district board shall be convened, each board should adopt a set of 
 rules for its own government. 
 
 Under the provisions of this section, a clerk should be elected at the annual meeting in August, 1885. 
 
 SEC. 44. A district officer can qualify before the chairman of a district meeting, the county super- 
 intendent, or any one authorized by law to administer oaths, as a justice of the peace, or notary. 
 
 SEC. 45. A county superintendent cannot remove a district officer. Such removal can be made only 
 by an action brought in court. The vacancy being declared, the county superintendent shall appoint. 
 No petition is required. 
 
24 SCHOOL LAWS OF KANSAS. 
 
 preserve all records, books and papers belonging to his office, and deliver 
 the same to his successor in office. 
 
 Clerk of the Board. SEC. 48. [Laws 1876, Ch. 122, Art, 4, Sec.. 
 6.] The said clerk shall be clerk of the district board and of all district 
 meetings, when present ; but if such clerk shall not be present at any dis- 
 trict meeting, the voters present may appoint a clerk of such meeting,, 
 who shall certify the proceedings thereof, and the same shall be recorded 
 by the clerk of the district, 
 
 Draw Orders SEC. 49. [Laws 1876, Ch. 122, Art, 4. Sec. 7.] The 
 clerk of the district shall draw orders on the treasurer of the district for 
 moneys in the hands of such treasurer which have been apportioned to or 
 raised by the district, to be applied to the payment of teachers 7 wages, 
 and apply such money to the payment of the wages of such teachers as 
 shall have been employed by the district board; and said clerk shall 
 draw orders on the said treasurer for moneys in the hands of such treas- 
 urer, to be disbursed for any other purpose ordered by a district meeting 
 or by the district board, agreeably to the provisions of this act. 
 
 Annual Report. SEC. 50. [Laws 1876, Ch. 122, Art. 4, Sec. 8.] 
 The clerk of each district shall, at least five days previous to the annual 
 meeting in August of each year, make a written report, which he shall 
 submit and read to the legal voters of the district at the annual meeting,, 
 for their information and consideration. If any change or alteration 
 therein be necessary, the same shall be made, and it shall then be trans- 
 mitted to the county superintendent of public instruction. Said report 
 shall show : First, the number of children, male or female, designated 
 separately, residing in the district or part of district on the last day of 
 July previous to the date of such report, over the age of five and under 
 the age of twenty-one years ; second, the number of children attending 
 school during the year, their sex, and branches studied ; third, the length 
 of time a school has been taught in the district by a qualified teacher, the 
 name of the teacher, the length of tiaie taught, and wages paid ; fourth,, 
 the amount of money received from the county treasurer, arising from 
 disbursement of the state annual school fund, the amount received from 
 district taxes, and the amount received from all other sources during the 
 year, and the manner in which the same has been expended ; fifth, the 
 amount of money raised by the district in such year, and the purposes for 
 which it was raised ; sixth, the kind of books used in the school, and 
 such other facts and statistics in regard to the district school as the county 
 superintendent may require. 
 
 SEC. 48. In transacting the school business of the district, the members of the board should meet as- 
 a district board, the clerk making a complete record of all proceedings. 
 
 SEC. 49. Should the director or other member of the board refuse to sign a legal order, payable to> 
 any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign. 
 
SCHOOL LAWS OF KANSAS. 25- 
 
 Joint District. SEC. 51. [Laws 1876, Ch. 122, Art, 4, Sec. 9.] 
 Whenever a school district shall lie partly in two or more counties, the 
 clerk of such district, in making his annual report, shall carefully des- 
 ignate the number of children resident in the parts of the counties com- 
 posing the district, and shall report to the county superintendent of 
 public instruction of e^ch of the counties in which such district may be 
 partly situated. 
 
 Penalty. SEC. 52. [Laws 1876, Ch. 122, Art. 4, Sec. 10.] Every 
 clerk of a district who shall willfully sign a false report to the county 
 superintendent of his county shall be deemed guilty of a misdemeanor,, 
 and punished by a fine not exceeding one hundred dollars, or by impris- 
 onment not exceeding three months. 
 
 Report to County Clerk. SEC. 53. [Laws 1876, Ch. 122, Art. 4, 
 Sec. 11.] It shall be the duty of the several district clerks in this state 
 to make out a certified list of all persons residing within their respective 
 districts liable to pay taxes, and transmit the same to the county clerks 
 of their respective counties on or before the 25th day of August, annually,, 
 except in incorporated cities. 
 
 Failure to Report. SEC. 54. [Laws 1876, Ch. 122, Art, 4, Sec. 
 12.] Any district clerk who shall fail to report the tax voted by his dis- 
 trict to the county clerk, as is provided by law, shall be liable to a fine 
 of not less than fifty dollars ; and it is hereby made the duty of the county 
 superintendent to have the provisions of this act enforced. 
 
 Other Reports. SEC. 55. [Laws 1876, Ch. 122, Art. 4, Sec. 13.] 
 The district clerk shall report to the county superintendent in writing 
 the names and post-office address of the district officers elect, within two 
 weeks after the said officers shall have been elected or appointed and 
 qualified. The clerk shall also report to the county superintendent the 
 time of the commencement of each term of school, within two weeks from 
 the commencement of such term. 
 
 Report of Indebtedness. SEC. 56. [Laws 1877, Ch. 90, Sec. 1.] 
 That in addition to the duties now required by law of the following of- 
 ficers, to wit, township clerks, and clerks of incorporated cities, school- 
 district clerks, and clerks of the boards of education, they shall each of 
 them make and transmit to the clerk of their respective counties, on or 
 before the 5th day of July in each year, a complete certified statement of 
 the floating and bonded indebtedness, with date of issuing and of maturing 
 of outstanding bonds, amount of sinking fund, if any, for redeeming the 
 same, and such other information as may be required by the county clerks 
 concerning the financial condition of their respective townships, cities, or 
 districts ; and when no outstanding indebtedness exists, such fact shall be 
 reported. 
 
26 SCHOOL LAWS OF KANSAS. 
 
 Records SEC. 57. [Laws 1876, Ch. 122, Art. 4, Sec. 20.] Every 
 school-district clerk or treasurer who shall neglect or refuse to deliver to 
 his successor in office all records, books and papers belonging to his office, 
 shall be subject to a fine not exceeding fifty dollars. 
 
 Treasurer; Bond. SEC. 58. [Laws 1879, Ch. 156, Sec. 1.] The 
 treasurer shall execute to the district a bond in double the amount, as 
 near as can be ascertained, to come into his hands as treasurer during 
 the year, with sufficient securities, to be approved by the director and 
 clerk, conditioned to the faithful discharge of the duties of said office. 
 Such bond shall be justified by the affidavit of the principal and his sure- 
 ties : Provided, That the director of the district or the county superin- 
 tendent of public instruction shall be authorized to administer the oaths 
 in the justification of the treasurer and his sureties. And said bond shall 
 be filed with the district clerk, and in case of the breach of any condition 
 thereof, the director shall cause a suit to be commenced thereon, in the 
 name of the district, and the money collected shall be applied by such 
 director to the use of the district, as the same should have been applied 
 by the treasurer ; and if such director shall neglect or refuse to prosecute, 
 theu any householder in the district may cause such prosecution to be in- 
 stituted. 
 
 Duties. SEC. 59. [Laws 1876, Ch. 122, Art. 4, Sec. 15.] The treas- 
 urer of each district shall pay out, on the order of the clerk, signed by 
 the director of the district, all public moneys which shall come into his 
 hands for the use of the district. 
 
 Receive School Moneys. SEC. 60. [Laws 1876, Ch. 122, Art. 4, 
 Sec. 14.] The county treasurer shall pay to each district treasurer in the 
 county all school moneys in the county treasury belonging to the district, 
 upon the order of the director and clerk of the district : Provided, That 
 said order shall be accompanied by a certificate from the district clerk 
 stating that the treasurer of the district has executed and filed his bond 
 as required by law. 
 
 District Taxes. SEC. 61. [Laws 1876, Ch. 122, Art. 4, Sec. 17.] 
 Where a school-district tax has been voted, and from the fault or negli- 
 gence of any officer or any other cause has not been levied and collected 
 in any year, the same shall be added to and collected with the taxes of 
 the year following; and the county treasurer shall pay over to the treas- 
 urers of the respective school districts all taxes he may have collected for 
 the said districts, on the order of the district clerk, countersigned by the 
 
 SEC. 58. It is not proper for either the director or the clerk to become surety for the treasurer. The 
 bond should be executed before the treasurer is sworn. The bond becoming insufficient from any 
 cause, the director and clerk may require the bond to be made good. 
 
SCHOOL LAWS OF KANSAS. 27 
 
 director, subject to the proviso contained in section fifty-two [sec. 57, art. 
 4] of this act. 
 
 Records and Reports. SEC. 62. [Laws 1876, Ch. 122, Art. 4, 
 Sec. 18.] The treasurer shall keep a book in which he shall enter all 
 the moneys received and disbursed by him, specifying particularly the 
 sources from which money has been received, and the person or persons 
 to whom, and the objects for which the same has been paid out. He shall 
 present to the district at each annual meeting a report in writing, contain- 
 ing a statement of all moneys received by him from the county treasurer 
 during the year; also all moneys collected by him during the year from 
 assessments in the district, and the disbursements made by him, with the 
 items of such disbursements, and exhibit the vouchers therefor, which 
 report shall be recorded by the district clerk ; and at the close of his term 
 of office shall settle with the district board, and shall hand over to his 
 .successor said book, and all receipts, vouchers, orders and papers coming 
 into his hands as treasurer of the district, together with all the moneys 
 remaining in his hands as such treasurer. 
 
 Prosecution. SEC. 63. [Laws 1876, Ch. 122, Art. 4, Sec. 19.] If 
 any district treasurer shall refuse or neglect to pay over any money in 
 his hands belonging to the district, it shall be the duty of his successor 
 in office to prosecute without delay the official bond of such treasurer for 
 the recovery of such money. 
 
 School House. SEC. 64. [Laws 1876, Ch. 122, Art, 4, Sec. 21.] 
 The district board shall purchase or lease such a site for a school house 
 as shall have been designated by the voters at a district meeting, in the 
 corporate name thereof, and shall build, hire or purchase such school house 
 as the voters of the district in a district meeting shall have agreed upon, 
 out of the funds provided for that purpose, and make sale of any school- 
 house site or other property of the district, and if necessary, execute a 
 conveyance of the same in the name of their office, when lawfully directed 
 by the voters of such district at any regular or special meeting, and shall 
 -carry into effect all lawful orders of the district.. 
 
 School Property. SEC. 65. [Laws 1876, Ch. 122, Art, 4, Sec. 22.] 
 The district board shall have the care and keeping of the school house, 
 and other property belonging to the district. They shall have power to 
 make such rules and regulations relating to the district library as they 
 may deem proper, and to appoint some suitable person to act as librarian, 
 and to take charge of the school apparatus belonging to the district, 
 
 Non-resident Pupils. SEC. 66. [Laws 1876, Ch. 122, Art, 4, Sec. 
 .23.] The district board shall have power to admit scholars from adjoin- 
 ing districts. 
 
28 SCHOOL LAWS OF KANSAS. 
 
 Teachers. SEC. 67. [Laws 1876, Ch. 122, Art. 4, Sec. 24.] The 
 district board in each district shall contract with and hire qualified teachers 
 for and in the name of the district, which contract shall be in writing, 
 and shall specify the wages per week or month as agreed upon by the 
 parties, and such contract shall be filed in the district clerk's office ; and, 
 in conjunction with the county superintendent, may dismiss for incompe- 
 tency, cruelty, negligence, or immorality. 
 
 Necessary Appendages. SEC. 68. [Laws 1876, Ch. 122, Art, 4, 
 Sec. 25.] The district board shall provide the necessary appendages for 
 the school house during the time a school is taught therein, and shall 
 keep an accurate account of all expenses thus incurred, and present the 
 same for allowance at any regular district meeting. 
 
 Suspend Pupil; Appeal. SEC. 69. [Lawsl876, Ch. 122, Art. 4, 
 Sec. 26.] The district board may suspend, or authorize the director to 
 suspend, from the privileges of a school, any pupil guilty of immorality 
 or persistent violation of the regulations of the school, which suspension 
 shall not extend beyond the current quarter of the school : Provided, That 
 the pupil suspended shall have the right to appeal from the decision of 
 said board of directors to the county superintendent, who shall, upon a 
 full investigation of the charges preferred against said pupil, determine 
 as to his guilt or innocence of the offense charged, whose decision shall be 
 final. 
 
 School Duties. Sec. 70. [Laws 1876, Ch. 122, Art, 4, Sec. 27.] 
 The district board shall furnish each teacher with a suitable daily register > 
 and shall visit together, or by one or two of their number, all the schools 
 of their district, at least once a term, and at such other periods during 
 the term as in their opinion the exigencies of each school may require; 
 at which visits they shall examine the register of the teacher and see that 
 it is properly kept, and inquire into other matters touching the school 
 house, facilities for ventilation, furniture, apparatus, library, studies, dis- 
 cipline, modes of teaching, and improvement of the school ; shall confer 
 
 SEC. 67. (a) In view of this section, read in connection with section 103, which makes it the duty of 
 the county board of examiners to examine all persons proposing to teach in the common schools of the county, 
 it is held (1) that a "qualified" teacher is one holding a legal certificate in force at the time of opening 
 school, and (2) that a school taught^ a person not holding such certificate is not, within the meaning 
 of the law, a "common school." As the "qualification" of a teacher begins at the date of issue, and 
 ends at the date of expiration, of the certificate which confers the date of qualification, it is the duty 
 of the district board to see to it that a teacher in their employ, whose certificate expires during school 
 term, shall, at the risk of dismissal upon the expiration of such certificate, preserve the status of "qual- 
 ified" teacher in the only way allowable by law, i. e., by procuring, in season, a new certificate by "pass- 
 ing" at a public examination, lawfully held. 
 
 (6) The district board cannot legally contract with or hire a qualified teacher who is a member of 
 the board. A contract made by a district board with one of their own number, being contrary to pub- 
 lic policy, is held to be null and void. 
 
 (c) A district board cannot dismiss a teacher without the concurrence of the county superin- 
 tendent. 
 
SCHOOL LAWS OF KANSAS. 29 
 
 with the teacher in regard to condition and management, and make such 
 suggestions as in their view would promote the interest and efficiency of 
 the school, and the progress and good order of the pupils. The date and 
 results of such visits shall be entered by the clerk of the board on their 
 minutes. 
 
 % 
 
 Uniformity of Text-Books. SEC. 71. [Laws 1885, Ch. 171, Sec. 
 1.] School districts may, at their annual meetings for the election of 
 school officers, indicate by a majority of all the votes cast at such meeting 
 their desire for a county uniformity of text-books, which vote shall be 
 transmitted to the county superintendent of public instruction by the clerk 
 of the aforesaid school district, within ten days from the time of such vote. 
 
 Majority of all the Districts of a County. SEC. 72. [Laws 
 1885, Ch. 171, Sec. 2.] Whenever a majority of all the districts of a 
 county in any one year shall indicate as in section one their desire for a 
 county uniformity of text-books, the county superintendent of public in- 
 struction shall notify the districts of such vote, and at the same time call 
 for one delegate from each municipal township and city of the third class 
 in the county, to be elected at a meeting of the school board of such 
 township, on a day and at a place and hour specified in said call : Pro- 
 vided, That if, by virtue of section 8 of this act, any city of the first or 
 second class shall decide to adopt the provisions of this act in the matter 
 of county uniformity, then the city so adopting shall send the superin- 
 tendent of the city schools, and one other person to be elected by the board 
 of education, to be the representatives of such city on the county text- 
 book board. 
 
 Shall Vote where. SEC. 73. [Laws 1875, Ch. 171, Sec. 3.] Dis- 
 trict boards shall vote in the county and township in which their school 
 houses are located. 
 
 County Text-Book Board. SEC. 74. [Laws 1885, Ch. 171, Sec. 
 4.] The delegates so elected shall constitute a county text-book board, 
 whose duty it shall be to select and prescribe the text-books to be used in 
 each branch of study required by law to be taught in the public schools. 
 
 Publishers' Guarantee. SEC. 75. [Laws 1885, Ch. 171, Sec. 5.] 
 No text-book shall be prescribed in pursuance of the provisions of this 
 act unless the publishers thereof shall have first filed with the county su- 
 perintendent of public instruction a guarantee of its price, quality and 
 permanence of supply for five years, together with a good and sufficient 
 bond for he faithful compliance with said guarantee, conditioned in such 
 sum as the county text-book board may determine and approve. 
 
 Shall Furnish each School District a List. SEC. 76. [Laws 
 1885, Ch. 171, Sec. 6.] The county superintendent of public instruction 
 
30 SCHOOL LAWS OF KANSAS. 
 
 shall be ex officio chairman of said county text-book board, and shall fur- 
 nish each school district a list of the text-books selected and prescribed in 
 pursuance of the provisions of this act, which list shall be posted by the 
 district clerks in their respective school houses, and said list shall com- 
 prise the only legal text-books for the schools of said county, and it is 
 hereby required of the school board to conform to the said lists in the 
 text-books prescribed for use in their schools. 
 
 Once in every Five Years. SEC. 77. [Laws 1885, Ch. 171, Sec. 
 7.] A county text-book board may be elected once in every five years 
 in each county, in the manner prescribed in this act, whose powers and 
 duties shall be the same as those hereinbefore enumerated. 
 
 Cities of the First and Second Class may. SEC. 78. [Laws 
 1885, Ch. 176, Sec. 8.] Any cities of the first and second class are hereby 
 exempted from the provisions of this act, except that any such city may, 
 by a vote of its board of education, decide to join in a uniformity of text- 
 books with the county in which such city is situate, and so deciding such 
 city shall be represented on the county text-book board, as provided in 
 section 2 of this act. 
 
 When Change may be Made. SEC. 79. [Laws 1885, Ch. 171, 
 Sec. 9.] When a uniformity of text-books shall be adopted in any county 
 in pursuance of the provisions of this act, no change shall be made in such 
 county for a period of five years from the date of such adoption of any 
 particular series of text-books ; but no member of any board of education, 
 school board, or text-book board, and no teacher, while employed in 
 teaching, shall act as agent for any author, publisher, or bookseller ; nor 
 shall any member of said boards, or any of them, or any employed 
 teacher, directly or indirectly receive any gift, emolument or reward for 
 his or her influence in recommending or introducing any book, school 
 apparatus or furniture of any kind whatever ; and any member of either 
 of said boards, and any teacher, who shall violate any of the provisions of 
 this act, shall be deemed guilty of a misdemeanor, and on conviction shall 
 be punished as provided in section 2 of chapter 157 of the laws of 1879. 
 
 Penalty. SEC. 80. [Laws 1879, Ch. 157, Sec. 2.] That any mem- 
 ber of any school-district board or board of education who shall violate 
 any of the provisions of this act shall be deemed guilty of a misdemeanor, 
 and on conviction shall be punished by a fine not less than twenty-five 
 dollars nor more than one hundred dollars, or by imprisonment in the 
 county jail for a period not less than six months, or by both such fine 
 and imprisonment ; and any teacher who shall violate any of tfce provi- 
 sions of this act shall be liable to immediate dismissal. 
 
 Disposition of Fines. SEC. 81. [Laws 1879, Ch. 157, Sec. 3.] 
 All fines collected for any violation of this act shall be paid to the treas- 
 
SCHOOL LAWS OF KANSAS. 31 
 
 urer of the county where the suit is brought, for the support of common 
 schools. 
 
 Taxes. SEC. 82. [Laws 1876, Ch. 122, Art. 4, Sec. 30.] It shall 
 be the duty of the school-district boards of the various school districts in 
 the respective counties of the state to cause to be certified by the school- 
 district clerk to the county clerk of their respective counties, on or before 
 the 25th day of August, annually, the aggregate percentage by them 
 levied on the real and personal property in each district, as returned on 
 the assessment roll of the county ; and the county clerk is hereby author- 
 ized and required to place the same on the tax-roll of said county, in a 
 separate column or columns, designating the purpose for which such taxes- 
 were levied ; and the said taxes shall be collected by the county treasurer 
 and paid over to the treasurers of the respective school districts in the 
 county, with the same power and restrictions and under the same regulfi- 
 tions, and in all respects, as to the sale of real or personal property. He 
 shall be authorized, and he is hereby required, to act according to the 
 provisions and requisitions of the law for the collection of the taxes for 
 state and county purposes. 
 
 Judgments. SEC. 83. [Laws 1876, Ch. 122, Art. 4, Sec. 31.] 
 Whenever any final judgment shall be obtained against any school dis- 
 trict, the district board shall levy a tax on such taxable property in the 
 district for the payment thereof. Such tax shall be collected as other 
 school-district taxes, but no execution shall issue on such judgment 
 against the school district ; and in case the district board neglect to levy 
 a tax as aforesaid, for the space of thirty days after such judgment shall 
 become final, or in case the proper officer shall neglect to collect the tax 
 levied within the time and in the manner provided by law, then the 
 judgment creditor of the district may have and recover a judgment against 
 the officer or officers so in default, for the amount due him on such judg- 
 ment against the district, with costs, upon which execution shall issue. 
 
 Removal of School Houses, etc. SEC. 84. [Laws 1876, Ch. 122, 
 Art. 4, Sec. 32.] That whenever a school house or other improvements 
 have been made upon the claim of any settler upon any of the public, 
 Indian or railroad lands within this state, to which the said settler had 
 no title, it shall be lawful for the school directors of the proper school 
 district to remove the said school house or other improvements from the 
 said claim at any time within one year from the time that the settler in 
 any given case may acquire a title to his said claim : Provided, That if 
 the said settler, in any given case, shall convey to said board of school 
 directors one acre of the land upon which said school house or other im- 
 provements are situated, the same shall not be removed : And provided 
 
32 SCHOOL LAWS OF KANSAS. 
 
 further, That if any school house shall have been built of stone, brick, or 
 frame, costing not less than five hundred dollars, the probate judge of 
 the county shall appoint three disinterested persons, who shall appraise 
 and condemn one acre of such land upon which said improvements shall 
 have been located ; and it shall be the duty of the school directors of such 
 district to pay to the owner of such land the value of such land as found 
 by said appraisers. 
 
 Use of School House. SEC. 85. [Laws 1876, Ch. 125, Sec. 1.] 
 'The district board shall have the care and keeping of the school house 
 and other property belonging to the district. They are hereby authorized 
 to open the school house for the use of religious, political, literary, scien- 
 tific, mechanical or agricultural societies belonging in their district, for 
 the purpose of holding the business of public meetings of said societies, 
 under such regulations as the school board may adopt. 
 
 ARTICLE V. DISTRICT SCHOOLS. 
 
 \ 8(5. Branches taught in common schools ; in- 
 struction shall be given in the English 
 language. 
 87. School month defined. 
 
 89. Penalty for violation of this article ; shall 
 
 not apply to officers of cities of first and 
 second class. 
 
 90. Pupils with contagious diseases excluded, 
 
 88. District schools free to all resident children. when. 
 
 I 91. When a tuition fee may be assessed. 
 
 Branches Taught SEC. 86. [Laws 1877, Ch. 170, Sec. 1.] That 
 In each and every school district shall be taught orthography, reading, 
 writing, English grammar, geography, and arithmetic, and such other 
 branches as may be determined by the district board : Provided, That the 
 instruction given in the several branches taught shall be in the English 
 language. 
 
 School Month. SEC. 87. [Laws 1876, Ch. 122, Art. 5, Sec. 2.] 
 A school month shall consist of four weeks of five days each of six hours 
 per day. 
 
 Free Schools. SEC. 88. [Laws 1876, Ch. 122, Art. 5, Sec. 3.] 
 The district schools established under the provisions of this act shall at 
 all times be equally free and accessible to all the children resident therein 
 over five and under the age of twenty-one years, subject to such regula- 
 tions as the district board in each may prescribe. 
 
 Penalty. SEC. 89. [Laws 1877, Ch. 170, Sec. 2.] The members 
 of any district board willfully violating any of the provisions of this ar- 
 ticle, or refusing the admission of any children into the common schools, 
 .shall forfeit to the county the sum of one hundred dollars each for every 
 month so offending during which such schools are taught; and all moneys 
 forfeited to the common-school fund of the county under this act, shall 
 be expended by the county superintendent for the education of such chil- 
 
7 
 
 SCHOOL LAWS OF KANSAS. 
 
 33 
 
 dren in the school district thus denied equal educational advantages : Pro- 
 vided, That any member of said board who shall protest against the action 
 of his said board in excluding any children from equal educational advan- 
 tages, or in violating any of the provisions of this article, shall not be 
 subject to the penalty herein named : And provided further, That the pro- 
 visions of this act shall not apply to cities of the first or second class. 
 
 Contagious Diseases. SEC. 90. [Laws 1876, Ch. 122, Art. 5, Sec. 
 5.] No pupil infected with any contagious disease shall be allowed to 
 attend any common school or remain in any school room while so infected. 
 
 Tuition Free. SEC. 91. [Laws 1876, Ch. 122, Art, 5, Sec. 6.] 
 Whenever there be not public money enough belonging to any school dis- 
 trict to support a public school the length of time determined at the an- 
 nual meeting, or at a special meeting duly called, the district board, to 
 meet said deficiency, may assess a tuition fee upon each scholar attending 
 such school, the assessment to be proportioned to the number of days each 
 pupil has been in actual attendance during the term : Provided, That no 
 tuition fee shall be levied upon the scholars in any of the public schools 
 of this state, in accordance with the provisions of this act, unless the en- 
 tire amount of one per cent, for teachers' wages, as required by law, be 
 first assessed upon the taxable property of said school district. 
 
 ARTICLE VI. TEACHERS, NORMAL INSTITUTES, AND CERTIFICATES. 
 
 92. Teachers shall keep a record of attendance, 
 deportment and recitations ; report to dis- 
 trict clerk. 
 
 93. Normal institutes to be held annually. 
 
 94. Conductors and instructors; certificate of 
 
 special qualifications required. 
 
 95. Normal institute fund, how raised; each 
 
 candidate for a teacher's certificate shall 
 pay a fee of one dollar. 
 
 96. County treasurer, custodian of fund. 
 
 97. County superintendent shall transmit funds 
 
 to county treasurer. 
 
 98. State superintendent of public instruction 
 
 shall certify to state auditor the number 
 of persons enrolled in each institute ; au- 
 ditor shall issue order on state treasurer 
 for fifty dollars. 
 
 99. Institute fund, how disbursed. 
 
 100. County superintendent shall execute bond. 
 
 101. Union institutes, how formed ; custodian of 
 
 fund. 
 
 * Records and Reports. SEC. 92. [Laws 18 76, Ch. 122, Art, 6, Sec. 
 1.] It shall be the duty of the teachers of every district school or graded 
 school to keep, in a register for this purpose, a daily record of the attend- 
 
 SEC. 89. The words " any children," used in the opening sentence and in the proviso of this section 
 must obviously mean any children of school age residing in the district. Section 66 authorizes but does 
 not require the district board to admit scholars from adjoining districts. 
 
 3 
 
 102. County board of examiners, how consti- 
 tuted; qualifications and appointment of 
 examiners. 
 
 103. Public examinations ; notice of same. 
 
 104. Grades of certificates; first, second, and 
 
 third. 
 
 105. First grade, to whom issued. 
 
 106. Second grade, to whom issued. 
 
 107. County certificates of force, where ; may be 
 
 revoked, for what causes. 
 
 108. Temporary certificate. 
 
 109. State board of education, how constituted; 
 
 may issue state diplomas, to whom ; may 
 issue state certificates, to whom; shall 
 meet where, and how often. 
 
 110. State certificates. 
 
 111. Uniform examinations. 
 
 112. State superintendent shall forward ques- 
 
 tions, when. 
 
 113. State examinations. 
 
34 SCHOOL LAWS OF KANSAS. 
 
 auce and the deportment of each pupil, and of the recitation of each pupil 
 in the several branches pursued in said school, and to make out and file 
 with the district clerk, at the expiration of each term of the school, a full 
 report of the whole number of scholars admitted to school during such 
 term, distinguishing between male and female, the text-books used, the 
 branches taught, and the number of pupils engaged in the study of said 
 branches, and any other information the district board or county super- 
 intendent may require. The wages of a teacher for the last month of a 
 school term shall not be paid by any district board, unless said teacher 
 shall have complied with the requirements of this section. 
 
 Normal Institutes. SEC. 93. [Laws 1877, Ch. 136, Sec. 1.] The 
 county superintendents of public instruction shall hold annually, in their 
 respective counties, for a term of not less than four weeks, a normal in- 
 stitute for the instruction of teachers and those desiring to teach : Pro- 
 vided, That in the sparsely-settled portions of the state, two or more 
 counties may be united in holding one normal institute, as hereinafter 
 provided. 
 
 Conductor and Instructors. SEC. 94. [Laws 1877, Ch. 136, Sec. 
 2.] The county superintendent of public instruction, with the advice 
 and consent of the state superintendent of public instruction, shall deter- 
 mine the time and place of holding such normal institutes, and shall se- 
 lect a conductor and instructors for the same : Provided, That no person 
 shall be paid from the institute funds for services as conductor or in- 
 structor of said institutes who has not received a certificate from the state 
 board of examiners as to his special qualifications for that work. 
 
 Normal-Institute Fund. SEC. 95. [Laws 1877, Ch. 136, Sec. 3.] 
 To defray the expenses of said institute, the county superintendent shall 
 require the payment of a fee of one dollar from each candidate for a teach- 
 er's certificate, and the payment of one dollar registration fee for each 
 person attending the normal institute ; and the board of county commis- 
 sioners may appropriate, as may by them be deemed necessary, for the 
 further support of such institutes: Provided, Such appropriation does 
 not, in any one year, exceed the sum of one hundred dollars. 
 
 Custodian. SEC. 96. [Laws 1877, Ch. 136, Sec. 4.] The fund thus 
 created shall be designated the "normal-institute fund," and the county 
 treasurer shall be the custodian of the said fund. 
 
 Monthly Reports. SEC. 97. [Laws 1877, Ch. 136, Sec. 5.] The 
 county superintendent shall, monthly, and at the close of each institute, 
 transmit to the county treasurer all moneys received by him, as provided 
 
 SKC. 95. The county superintendent must require the payment of a fee of one dollar from each can- 
 didate for a teacher's certificate. This fee should be collected in advance, and it cannot be returned to 
 the unsuccessful applicant. 
 
SCHOOL LAWS OF KANSAS. 35 
 
 in section three, together with the name of each person so contributing, 
 and the amount ; and the county treasurer shall place all such moneys to 
 the credit of the "normal-institute fund." 
 
 State Aid. SEC. 98. [Laws 1877, Ch. 132, Sec. 6.] It shall be the 
 duty of the state superintendent of public instruction, annually, when 
 fifty persons have registered as members of any normal institute organized 
 under the provisions of this act, and have paid the required registration 
 fee, to certify the same to the auditor of state, who shall forward to the 
 county treasurer of said county an order on the treasurer of the state for 
 the sum of fifty dollars, to be paid out of any money appropriated for that 
 purpose ; which amount the county treasurer shall place to the credit of 
 the " normal-institute fund." And the sum of three thousand dollars, 
 or so much thereof as may be required, is hereby appropriated for the 
 purposes herein named for the fiscal year ending June 30, 1878, and the 
 same amount for the fiscal year ending June 30, 1879. 
 
 Disbursements. SEC. 99. [Laws 1877, Ch. 136, Sec. 7.] All dis- 
 bursements of the " normal-institute fund " shall be upon the order of the 
 county superintendent, and no orders shall be drawn on said fund except 
 for claims, approved by the county superintendent, for services rendered 
 or expenses incurred in connection with the normal institutes. 
 
 Bond. SEC. 100. [Laws 1877, Ch. 136, Sec. 8.] Each county su- 
 perintendent of public instruction shall, immediately after the passage of 
 this act, and hereafter, before entering upon the duties of his office, exe- 
 cute a bond to the state of Kansas in the sum of one thousand dollars, 
 with one or more sureties, conditioned for the faithful performance of his 
 duties, which bond shall be approved by the county clerk and filed in 
 his office. 
 
 Union Institutes. SEC. 101. [Laws 1877, Ch. 136, Sec. 9.] Two 
 or more counties, each having less than three thousand inhabitants, may 
 be united in holding one normal institute, with the consent and by the 
 direction of the state superintendent of public instruction : Provided, That 
 the several county superintendents of the counties thus uniting shall 
 choose one of their number to act for them in determining the time and 
 place of holding the normal institute, and in selecting a conductor and 
 instructors for the same, as provided in section 2 : And provided, That 
 the person thus chosen shall draw all orders upon the "normal-institute 
 fund," as provided in section 7 [99] : And provided. That the treasurer 
 of the county in which such normal institute is held shall be the custodian 
 of the " normal-institute fund," to whom the state and county appropria- 
 
 SEC. 99. See also section 94. It is unlawful for the county treasurer to pay an order on the normal- 
 institute fund drawn " for services rendered," in favor of any person not holding the certificate of the 
 state board of education, for institute work. 
 
36 SCHOOL LAWS OF KANSAS. 
 
 tion for the benefit of the normal institute shall be transmitted, and to 
 whom the several county superintendents of the counties thus uniting 
 shall transmit the fees collected as provided in section 3 [95]. 
 
 County Board of Examiners. SEC. 102. [Laws 1885, Ch. 175, 
 Sec. 1 .] In each county there shall be a board of county examiners, com- 
 posed of the county superintendent, who shall be ex qffido chairman of 
 the board, and two competent persons, holders of first-grade certificates 
 or of state certificates, or of diplomas from the state university, the 
 state normal school, or the state agricultural college, who shall be ap- 
 pointed by the county commissioners on the nomination of the county 
 superintendent, and shall serve one year from the time of their respective 
 appointments, and each of whom shall receive for his services the sum of 
 three dollars per day for not to exceed three [four] days in any one quar- 
 ter of the year. 
 
 Public Examinations SEC. 103. [Laws 1885, Ch. 175, Sec. 2.] 
 The board, two of whom shall constitute a quorum, shall, on the last Sat- 
 urday of January, October, and April, and at the close of the county 
 normal institute, only at such places as may be designated by the chair- 
 man, (who shall give ten days' notice of each examination,) publicly ex- 
 amine all persons proposing to teach in the common schools of the county 
 
 SEC. 103. (a) An examination is not " public " unless every one who desires to do so is permitted to 
 know the questions put to and the answers returned by the candidates for certificates. In oral exam- 
 inations, of course, it is every person's privilege to hear all that is said by both examiner and applicant. 
 In written examinations, it would be well to have all papers submitted by the candidates filed in the 
 office of the county superintendent, where interested parties could see them at any time. If this were 
 done, it would compel examiners to be impartial in their grading, often relieving them from very unjust 
 criticism ; and it would greatly assist school officers in making selections of teachers. 
 
 (6) Should an examiner desire to "pass" at a public examination, conducted by the other two mem- 
 bers of the board, his examination should certainly be thorough and exhaustive. The county superin- 
 tendent cannot legally examine one of the members of the board and issue to him a certificate, without 
 the assistance and concurrence of the other member of the board. 
 
 (c) The awarding of a certificate, or any other act within the jurisdiction of the board, must have 
 duly received, in the lawful course of business, the consent of at least two members of the board, in order 
 to be, legally, an act of the board. County certificates can be legally granted only by the board. 
 
 (d) The county superintendent, as chairman of the board, may designate places of examinations. 
 
 (e) A county certificate cannot be lawfully dated back beyond the time when the county board, in 
 the lawful course of business, actually awarded the same. 
 
 (/) Although county boards may, by revocation for cause, abridge, they cannot lawfully extend the 
 time during which a certificate issued by them shall be in force, nor renew the same without a public 
 examination of the holder thereof. 
 
 (g) A full single public examination is the only legal basis for the issue of a certificate. It is the 
 province of the board to determine the standing of the applicant in every study ; if that standing is in 
 every particular what this section requires, the certificate may be issued; but the board should inquire 
 into the " competency " of the candidate to teach and govern a school successfully. This competency 
 is not to be assumed from the fact that the applicant passes the examination ; it must be shown to the 
 satisfaction of the examiners. 
 
 It is proper for the board to refuse especially the first-grade or second-grade certificate to applicants 
 passing the necessary examination but not satisfying the board of their ability to " teach and govern 
 school successfully." Applicants are examined as to their competency to teach; and while they may be 
 ninety or ninety-nine on examination, they are not necessarily possessed of such " ability to teach " 
 ( see section 106) as will justify the issuing of the best certificate. I hope the time will soon come (and 
 be hastened in its coming by the action of examiners) when it cannot be truthfully said that there are 
 better teachers holding the second grade than are holding the first grade. 
 
SCHOOL LAWS OF KANSAS. 37 
 
 (cities of the first and second class excepted), as to their competency to 
 teach the branches prescribed by law ; and such board of examiners shall 
 issue certificates, as hereinafter provided, to all such applicants as shall 
 pass the required examination and satisfy the board as to their good moral 
 character and ability to teach and govern schools successfully. 
 
 Grades of Certificates. SEC. 104. [Laws 1885, Ch. 175, Sec. 3.] 
 Certificates issued by county boards shall be of three grades : first, second, 
 and third, and shall continue in force respectively, three years, two years, 
 and one year. 
 
 First Grade, to whom Issued. SEC. 105. [Laws 1885, Ch. 175, 
 Sec. 4.] Certificates of the first grade shall certify that the person to 
 whom issued is proficient in and fully qualified to teach orthography, 
 reading, writing, English grammar, composition, geography, arithmetic, 
 United States history, constitution of the United States, book-keeping, 
 physiology, and hygiene, (the theory and practice of teaching,) elements 
 of natural philosophy, and shall not be issued to persons under eighteen 
 years of age nor to such as have not taught successfully twelve school 
 months : Provided, That persons who receive first-grade certificates shall 
 make a general average of not less than ninety per cent., and in no case 
 shall a person receive a certificate of the first grade who shall fall below 
 seventy per cent, in any one branch. 
 
 Second Grade, to whom Issued. SEC. 106. [Laws 1885, Ch. 
 175, Sec. 5.] Certificates of the second grade may be issued to persons 
 of not less than seventeen years of age, who have taught successfully no 
 less than three school months, and who shall fully satisfy the board as to 
 their ability to teach all the branches prescribed for first-grade certificates, 
 except book-keeping and the elements of natural philosophy : Provided, 
 That persons who receive a second-grade certificate shall make a general 
 average of not less than eighty per cent., and in no case shall a person 
 receive a second grade who falls below sixty per cent, in any one branch. 
 
 Certificates, of Force where: Revocation. SEC. 107. [Laws 
 1885, Ch. 175. Sec. 6.] No certificate shall be of force except in the 
 county in which it is issued : Provided, That the county superintendent 
 may indorse unexpired first-grade certificates issued in other counties on 
 payment of the usual fee of one dollar, which certificates shall thereby be 
 valid in the county in which such indorsement is made for the unexpired 
 time of the certificate. A certificate issued under this act may be revoked 
 
 SEC. 104. County boards of examiners can issue third-grade certificates, and determine all the 
 requisites for such certificates, except the time said certificates may continue in force, which time the 
 law fixes at one year. 
 
 SEC. 105. This experience need not have been had in Kansas, but must be shown to the satisfaction 
 of the boar^. of examiners. 
 
38 SCHOOL LAWS OF KANSAS. 
 
 by the board of examiners on the ground of immorality, or for any cause 
 that would have justified the withholding thereof when the same was 
 granted. 
 
 Temporary Certificate. SEC. 108. [Laws 1 885, Ch. 175, Sees. 7, 8.] 
 The county superintendent, upon request made in writing by each district 
 board, and after satisfying himself by examination of the ability and pro- 
 ficiency of an applicant, may grant a temporary certificate in case of 
 necessity, valid only in the designated district, and valid only until the 
 next regular examination by the county board of examiners : Provided, 
 That no such temporary certificate shall be granted to any applicant who 
 has failed in examination at the last regular meeting of the board; nor 
 shall such certificate be granted twice to the same person. No certificate 
 shall be issued by any county board or county superintendent, except 
 upon examination, as provided in this act. 
 
 State Board of Education. SEC. 109. [Laws 1 8 76, Ch. 122, Art. 
 6, Sec. 7.] There shall be a state board of education, consisting of the 
 state superintendent of public instruction, the chancellor of the state uni- 
 versity, the president of the state agricultural college, and the principals 
 of the state normal schools at Emporia and Leaven worth. The state 
 board of education thus constituted are hereby authorized and empowered 
 to issue state diplomas to such professional teachers as may be found, upon 
 a critical examination, to possess the requisite scholarship and culture, 
 and who may also exhibit satisfactory evidence of an unexceptionable 
 moral character, and of eminent professional experience and ability, and 
 who have taught for two years in the state. All such diplomas shall be 
 countersigned by the state superintendent of public instruction, and shall 
 supersede the necessity of any and all other examinations of the person 
 holding the same by county, city or local boards of examiners ; and such 
 diplomas shall be valid in any county, city, town or school district in the 
 state during the lifetime of the holder, unless revoked by the state board 
 of education. 
 
 State Certificates. SEC. 110. [Laws 1876, Ch. 122, Art. 6, Sec. 
 8.] The state board of education are furthermore authorized and em- 
 powered to issue state certificates of high qualifications to such teachers 
 as may be found, upon examination, to possess the requisite scholarship, 
 and who may also exhibit satisfactory evidence of good moral character, 
 and ability to teach, and skill to govern and control children. The cer- 
 tificates issued by the state board of education may be of two grades 
 one for three years and one for five years ; and all certificates issued by 
 said board shall be countersigned by the state superintendent of public 
 instruction, and such state certificates shall supersede the necessity of all 
 
SCHOOL LAWS OF KANSAS. 39 
 
 other examinations of the persons holding them by county or local boards 
 of examiners ; and such certificate shall be valid in any county, city, town 
 or school district in the state for the term of three or five years (as therein 
 set forth), unless sooner revoked by said state board of education. 
 
 Uniform System of Examinations. SEC. 111. [Laws 1885, 
 Ch. 180, Sec. 1.] That the state board of education is hereby instructed 
 to prepare a series of questions for each examination, to be used in each 
 county of the state of Kansas for the examinations of teachers ; and the 
 state superintendent is hereby instructed to procure the printing of the 
 same and. distributing to the superintendents of the several counties in 
 the state, as hereinafter provided. 
 
 Questions shall be Forwarded. SEC. 112. [Laws 1885, Ch. 
 180, Sec. 2.] The state superintendent shall forward all questions to the 
 superintendents of the several counties in the state of Kansas : Provided, 
 That said questions shall be forwarded in time to reach their destination 
 at least two days before required for use : And provided further, That said 
 questions shall not be opened except in the presence of a majority of the 
 examining board on the day and hour of examinations. 
 
 State Examinations. SEC. 113. [Laws 1876, Ch. 122, Art. 6, 
 Sec. 9.] The state board of education shall meet at the city of Topeka 
 on the fourth Monday of August in each year, and at such other times 
 and places as may by them be deemed necessary, and proceed to the trans- 
 action of such business as may legally come before them, and to examine 
 all applicants who may present themselves for such examination ; and if 
 satisfied with the scholarship, culture, and moral character of the appli- 
 cant, and with his professional attainments and experience, said board 
 shall issue a state diploma, or certificate, as the case may be, in accordance 
 with such examinations and the provisions of this act : Provided, That 
 the provisions of this act shall be carried out without expense to the state. 
 
 AKTICLE VII. UNION, OR GRADED-SCHOOL DISTRICTS. 
 
 I 114. Graded schools, how established. 
 115. Powers and duties of directors. 
 116.*tjnion district entitled to share of school 
 funds. 
 
 117. May levy taxes. 
 
 118. Shall receive its share of school moneys. 
 
 119. Duties of clerk of union district. 
 
 120. Duties of treasurer of union district. 
 
 121. Public schools in cities shall receive their 
 
 share of public school funds, on what con- 
 dition. 
 
 122. Any single district may establish graded 
 
 schools. 
 
 123. Annual meeting of graded-school districts, 
 
 when held. 
 
 How Formed. SECTION 114. [Laws 1876, Ch. 122, Art. 7, Sec. 1.] 
 Whenever the inhabitants of two or more school districts may wish to 
 unite for the purpose of establishing a graded school in which instruction 
 shall be given in the higher branches of education, the clerks of the sev- 
 
40 SCHOOL LAWS OF KANSAS. 
 
 eral districts shall, upon a written application of five voters of the re- 
 spective districts, call a meeting of the voters of such districts, at some 
 convenient place, by posting up written notices thereof, in like manner 
 as provided for calling district meetings; and if a majority of the voters 
 of each of the two or more districts shall vote to unite for the purpose 
 herein stated, they shall, at that meeting, or at an adjourned meeting, elect 
 a board of directors, consisting of a director, clerk, and treasurer. 
 
 Duties of Board. SEC. 115. [Laws 1876, Ch. 122, Art. 7, Sec. 2.] 
 The board of directors provided in the preceding section shall, in all mat- 
 ters relating to the graded schools, possess all the powers and discharge 
 all the like duties of the district board of directors, as prescribed in this 
 act. 
 
 School Funds. SEC. 116. [Laws 1876, Ch. 122, Art. 7, Sec. 3.] 
 The union district thus formed shall be entitled to an equitable share of 
 the school funds, to be drawn from the treasurer of each district so unit- 
 ing, in proportion to the number of children attending the said graded 
 school for each district. 
 
 Levy Taxes. SEC. 117. [Laws 1876, Ch. 122, Art. 7, Sec. 4.} 
 The said union district may levy taxes for the purpose of purchasing a 
 building or furnishing proper buildings for the accommodation of the 
 school or for the purpose of defraying necessary expenses and paying 
 teachers, but shall be governed in all respects by the law herein provided 
 for levying and collecting district taxes. 
 
 Apportionment. SEC. 118. [Laws 1876, Ch. 122, Art, 7, Sec. 5.] 
 The clerk of the union district shall report in writing to the treasurer of 
 each school district uniting in the union district, the number of scholars 
 attending the graded school from his district, their sex, and the branches 
 studied; and the said district treasurer shall apportion the amount of 
 school money due the union district, and pay the same over to the treas- 
 urer of the union district on order of the clerk and director thereof. 
 
 Clerk. SEC. 119. [Laws 1876, Ch. 122, Art. 7, Sec. 6.] The clerk 
 of the union district shall make a report to the county superintendent of 
 public instruction, and discharge all the duties of clerk in like manner 
 as clerk of the district, 
 
 Treasurer. SEC. 120. [Laws 1876, Ch. 122, Art. 7, Sec. 7.] The 
 treasurer of the union district shall perform all the duties of treasurer 
 as prescribed in this act, in like manner as the district treasurer. 
 
 Apportionment to Cities. SEC. 121. [Laws 1876, Ch. 122, Art. 
 7, Sec. 8.] The public schools of any city, town, or village, which may 
 be regulated by special law set forth in the charter of such city, town, or 
 village, shall be entitled to receive their proportion of the public school 
 
SCHOOL LAWS OF KANSAS. 41 
 
 fund : Provided, The clerk of the board of education in such city, town 
 or village shall make due report within the time and manner prescribed 
 in this act, to the county superintendent of public instruction. 
 
 Single District SEC. 122. [Laws 1876, Ch. 122, Art. 7, Sec. 9.] 
 Any single district shall possess power to establish graded schools, sub- 
 ject to the provisions of this article, in like manner as two or more dis- 
 tricts united. 
 
 Annual Meeting. SEC. 123. [Laws 1876, Ch. Art. 7, Sec. 10.] 
 The annual meeting of union or graded-school districts shall be held on 
 the last Wednesday in June, at such hour as may be indicated by the 
 board. 
 
 ARTICLE VIII SCHOOL-DISTRICT LIBRARIES. 
 
 124. School districts may vote a tax not to exceed 126. Librarian to be appointed by district board. 
 
 two mills, for district library. 
 125. The money so collected shall be used for no 
 other purpose. 
 
 Library Fund. SEC. 124. [Laws 1876, Ch. 122, Art. 8, Sec. 1.] 
 That the several school districts of the state may, at the annual meeting 
 in each year, vote a tax upon all taxable property of the district, not to 
 exceed two mills on the dollar, which tax shall be certified by the district 
 clerk to the county clerk, at the same time and manner as other school- 
 district taxes are certified ; and the county clerk shall place the same on 
 the tax roll of the county in a separate column, designating the purpose 
 for which such tax was levied ; and said tax shall be collected and paid 
 over to the treasurer of said district in all respects as other school-district 
 taxes are collected and paid: Provided, however, That in the districts 
 where the taxable property of the district is more than twenty thousand 
 dollars and not more than thirty thousand, there shall not be levied more 
 than one and a half mills on the dollar; and where the taxable property 
 is more than thirty thousand dollars and not more than fifty thousand, 
 there shall not be levied more than one mill on the dollar ; and in all 
 cases where the taxable property of the district shall exceed fifty thousand 
 dollars, there shall not be levied more than one half-mill on the dollar. 
 
 How Used. SEC. 125. [Laws 1876, Ch. 122, Art. 8, Sec. 2.] The 
 money so collected shall be used under the direction of the board of di- 
 rectors, for the purchasing of a school-district library, and for no other 
 purpose ; and the district board, in the purchase of books, shall be con- 
 fined to works of history, biography, science, and travels. 
 
 Librarian; Rules. SEC. 126. [Laws 1876, Ch. 122, Art. 8, Sec. 3.] 
 The district clerk shall be the librarian, unless the board of directors 
 shall appoint some other competent and suitable person, who shall reside 
 
42 
 
 SCHOOL LAWS OF KANSAS. 
 
 in the district, to perform the duties of that office; and the board shall 
 have power to make such rules and regulatibns in regard to the manage- 
 ment of said library as they shall deem best, and they shall revise and 
 change said rules from time to time as the necessities of the case may 
 require. 
 
 ARTICLE IX. FINES AND PENALTIES. 
 
 127. Jurisdiction of justices of the peace. 
 128. Fines and penalties, how collected. 
 
 129. Penalty for receiving bonus from publisher 
 of school books. 
 
 Jurisdiction. SECTION 127. [Laws 1876, Ch. 122, Art. 9, Sec. 1.] 
 Justices of the peace shall have jurisdiction in all cases in which a school 
 district is a party interested, when the amount claimed by the plaintiff 
 shall not exceed one hundred dollars ; and the parties shall have the right 
 of appeal, as in other cases. 
 
 How Collected, SEC. 128. [Laws 1876, Ch. 122, Art. 9, Sec. 2.] 
 All fines and penalties not otherwise provided for in this act shall be col- 
 lected by an action in any court of competent jurisdiction. 
 
 Penalty for Receiving Bonus. SEC. 129. [Laws 1876, Ch. 122, 
 Art. 9, Sec. 3.] If the state superintendent, or any county superintend- 
 ent of public instruction, shall receive from the publisher of any school 
 books, or from any other person interested in the sale or introduction of 
 any book into the public schools in the state, any money or bonus in any 
 manner as an inducement for the recommendation or introduction of any 
 such book into the public schools of the state, such superintendent shall, 
 upon conviction thereof before any court of competent jurisdiction, be 
 found guilty of a misdemeanor, and shall be fined in a sum not less than 
 one thousand dollars nor exceeding five thousand dollars, or shall be im- 
 prisoned in the penitentiary for any time not less than one year nor more 
 than five years, or both such fine and imprisonment. 
 
 ARTICLE X. PUBLIC SCHOOLS IN CITIES OF THE FIRST CLASS. 
 
 130. Cities of first class denned. 
 
 131. Board of education, how constituted and 
 
 elected. 
 
 132. Vacancy in board, how filled. 
 
 133. Powers of board. 
 
 134. Board shall organize, when and how ; elect 
 
 clerk, superintendent ; fiscal year ; annual 
 report. 
 
 135. Duty of president. 
 
 136. Duty of vice president. 
 
 137. Duty of clerk ; duty and salary of superin- 
 
 tendent. 
 
 138. Clerk shall execute bond ; oath of office. 
 
 139. Treasurer ; duty of treasurer. 
 
 140. Board not to receive pay. 
 
 141. Examining committee, how appointed; du- 
 ties ; who may be elected as teacher. 
 
 142. Vacancy in committee, how filled. 
 
 143. Annual levy of school tax, when and how 
 
 made; provisos. 
 
 144. All school taxes shall be paid in money. 
 
 145. The whole city shall compose a school dis- 
 
 trict. 
 
 146. All city school property shall be vested in 
 
 the board. 
 
 147. Sale or conveyance of school property. 
 
 148. Meetings of the board, when held. 
 
 149. Annual report of the board shall be pub- 
 
 lished, when and how. 
 
 150. Restriction regarding expenditures. 
 
SCHOOL LAWS OF KANSAS. 43 
 
 g 151. No sectarian doctrine shall be taught in the 
 city schools. 
 
 152. City school property exempt from taxation. 
 
 153. For what purpose the board may issue 
 
 bonds ; date and rate of interest ; maturity 
 of; provisos. 
 
 154. Bonds shall be signed by whom; shall 
 
 specify; amount. 
 
 155. Annual levy for interest and sinking fund. 
 
 156. Sinking fund, how used and employed. 
 
 157. Interest to be paid, when. 
 
 158. Payment of interest and principal, how se- 
 
 cured. 
 
 159. The clerk shall register bonds issued by the 
 board. 
 
 160. Additional powers and duties of the board 
 
 of education. 
 
 161. Organization and officers of the board. 
 
 162. Re-funding outstanding bonded debt. 
 
 163. Registration of funding bonds? 
 
 164. Annual levy of tax to pay interest and prin- 
 
 cipal of funding bonds. 
 
 165. Penalty for neglecting or refusing to levy 
 
 bond tax. 
 
 166. Use of money levied and collected under 
 
 this act. 
 
 Defined, SECTION 130. [Laws 1876, Ch. 122, Art. 10, Sec. 1.] 
 All cities of more than fifteen thousand inhabitants shall be governed by 
 the provisions of this act. 
 
 Board of Education. SEC. 131. [Laws 1885, Ch. 100, Sec. 1.] 
 In each city under this act having not to exceed four wards there shall 
 be a board of education, consisting of three members from each ward, 
 who shall be and remain residents of the ward from which they are elected 
 during their term of office, to be elected by the qualified voters at large 
 of said city, one of whom in each ward shall be elected annually, and 
 .shall hold his office for the term of three years, and until his successor 
 shall be elected and qualified ; and in each city under this act having 
 more than four wards the board of education shall consist of two members 
 from each ward, who shall be and remain residents of the ward from 
 which they are elected during their term of office, to be elected by the 
 qualified voters at large of said city, one of whom in each ward shall be 
 -elected annually, and shall hold his office for the term of two years, and 
 until his successor is duly elected and qualified: Provided, That this 
 amendment shall not affect or change the terms of office of the several 
 members of the board of education of cities of the first class now in office : 
 And provided further, That in any city of the second class, hereafter or- 
 ganized as a city of the first class, the term of office of any member of 
 the board of education which would expire prior to the first Monday in 
 August after such organization, is hereby extended to said first Monday 
 of August. 
 
 Vacancy in Board. SEC. 132. [Laws 1876, Ch. 122, Art. 10, Sec. 
 3.] The board of education shall have power to fill any vacancy which 
 may occur in their body : Provided, That any vacancy occurring more 
 than ten days previous to the annual city election, and leaving an unex- 
 pired term of one or more years, shall be filled at the first city election 
 thereafter; and the ballots and returns of election shall be designated as 
 follows: "To fill unexpired term of years." 
 
 Powers of Board. SEC. 133. [Laws 1876, Ch. 122, Art. 10, Sec. 
 4.] The board of education shall have, power to select their own officers; 
 
44 SCHOOL LAWS OF KANSAS. 
 
 to make their rules and regulations, subject to the provisions of this act; 
 to establish a high school, whenever in their opinion the educational in- 
 terests of the city demand the same ; and to exercise the sole control over 
 the public schools and school property of the city. 
 
 Organization; Annual Reports. SEC. 134. [Laws 1876, Ch. 
 122, Art. 10, Sec. 5.] The board of education shall at its first regular 
 meeting in August organize by the election of a president and vice presi- 
 dent from its own members, each of whom shall serve for one year, and 
 until his successor is elected and qualified. They may elect a clerk, who 
 shall hold his office during the pleasure of the board ; and may elect a 
 superintendent of public schools, who shall not be a member of the board, 
 and who shall hold his office during the pleasure of the board. The fiscal 
 year of such board shall close on the last day of June, and the annual 
 reports of the president, superintendent, and of the several committees, 
 shall be presented to the beard on or before the first Monday in August 
 in each year; and the term of office of the president and vice president 
 of the year eighteen hundred and seventy-one, and of the several mem- 
 bers of the board now in office, is extended so that their several terms of 
 office shall expire on the first Monday of August instead of the first Mon- 
 day of May. 
 
 President. SEC. 135. [Laws 1876, Ch. 122, Art, 10, Sec. 6.] It 
 shall be the duty of the president to preside at all meetings of the board 
 of education, to appoint all committees whose appointment is not other- 
 wise provided for, and to sign all warrants ordered by the board of edu- 
 cation to be drawn upon the city treasurer for school moneys. 
 
 Vice President. SEC. 136. [Laws 1876, Ch. 122, Art. 10, Sec. 7.] 
 It shall be the duty of the vice president to perform all the duties of the 
 president, in case of his absence or disability. 
 
 Clerk; Superintendent. SEC. 137. [Laws 1876, Ch. 122, Art. 10, 
 Sec. 8.] It shall be the duty of the clerk to attend all meetings of the 
 board, to keep an accurate journal of its proceedings, to have the care and 
 custody of the records and papers of the board, to countersign all war- 
 rants drawn upon the treasurer by order of the board, to keep an account 
 of all moneys paid to the treasurer on account of said board, and of all 
 moneys paid or orders drawn on the treasurer by order of said board ; 
 and shall, at least once in every three months, prepare and cause to be 
 published in said city a statement, under oath, showing first, the 
 moneys received by the treasurer since last report, and from what source 
 received ; second, the amount of sinking fund, and how invested ; third, 
 the moneys paid out, to whom, and for what paid ; fourth, the balance 
 of general fund in the hands of the treasurer ; fifth, the number, date and 
 
SCHOOL LAWS OF KANSAS. 45 
 
 amount of any bond issued by said board, purchased under the authority 
 in this act given, and the amount paid therefor ; and shall perform such 
 other duties as the board or its committees may require, and shall receive 
 for his services such compensation as the board shall deem adequate, but 
 not to exceed one thousand dollars per annum. The superintendent shall 
 have the charge and control of the public schools of the city, subject to 
 the orders, rules, regulations and by-laws of the board, and shall receive 
 for his services such compensation as the board shall deem adequate. 
 
 Bond of Clerk. SEC. 138. [Laws 1876, Ch. 122, Art. 10, Sec. 9.] 
 Before entering upon the discharge of his duties, the clerk of the board 
 of education shall give bond in the sum of one thousand dollars, with 
 good and sufficient securities, to be approved by the board, and shall take 
 and subscribe an oath or affirmation before a proper officer that he will 
 support the constitution of the United States, the constitution of the state 
 of Kansas, and faithfully perform the duties of his office. 
 
 Treasurer. SEC. 139. [Laws 1885, Ch. 178, Sec. 1.] The treas- 
 urer of the city shall be ex officio the treasurer of the board of education, 
 and shall give such bond to the board of education as the board may re- 
 quire, said bond to be approved by the board of education and filed with 
 its clerk. It shall be the duty of the treasurer to deposit daily all money 
 belonging to the board of education in some responsible bank, to be des- 
 ignated by the board of education, in the name of such treasurer as such 
 officer, which bank shall pay interest on monthly average balances as 
 may be agreed upon by such bank and the board of education ; and before 
 making such deposits, the board of education shall take from such bank 
 a good and sufficient bond, in a sum to be designated by the board of 
 education, conditioned that such deposits shall be promptly paid on the 
 check or draft of said treasurer. The treasurer shall attend all of the 
 meetings of the board when required to do so ; shall prepare and submit 
 in writing a monthly report of the finances of said board ; and shall pay 
 school moneys only upon a warrant signed by the president, or, in his 
 absence, by the vice president, and countersigned by the clerk. The 
 treasurer shall receive from the board of education fifty dollars per annum 
 for his services as treasurer, and no more. 
 
 No Compensation. SEC. 140. [Laws 1876, Ch. 122, Art. 10, Sec. 
 11.] No member of the board of education shall receive any pay or 
 emolument for his services. 
 
 Examining Committee; Teachers. SEC. 141. [Laws 1 876, Ch. 
 122, Art. 10, Sec. 12.] The board of education, at such time as they 
 shall deem expedient, shall appoint three competent persons, who shall 
 be styled the examining committee of the board of education, whose duty 
 
46 SCHOOL LAWS OF KANSAS. 
 
 it shall be to examine all persons who may apply to them as teachers ; 
 and no person shall be elected by the board as teacher who cannot pro- 
 duce a certificate from the examining committee, signed by all, or a ma- 
 jority of them, and setting forth that such person is competent to teach 
 in such department of the public schools as may be stated in the certificate, 
 and is a person of good moral character : Provided, That the board may 
 elect as teacher a suitable person who holds a diploma or certificate from 
 the state board of education. 
 
 Vacancy. SEC. 142. [Laws 1876, Ch. 122, Art. 10, Sec. 13.] The 
 board of education shall have power to fill any vacancy which may occur 
 in the examining committee. 
 
 Annual Levy of School Tax. SEC. 143. [Laws 1881, Ch. 149, 
 Sec. 2.] The board of education shall, in the month of August in each 
 year, prepare an estimate and levy of the amount of moneys necessary 
 and requisite for the support and maintenance of the public schools under 
 its charge, for the year commencing on the first day of January next 
 thereafter, and also the amount necessary to pay the interest on bonds 
 accruing during such year, and the amount of sinking fund necessary to 
 be collected during such year for the payment and redemption of such 
 bonds issued by said board, and shall cause to be certified by the president 
 and clerk of the said board, to the county clerk of the county in which said 
 city is situated, the percentage by them levied on the real and personal 
 property of and within the said city as returned on the assessment roll 
 of the county. And the said county clerk is hereby authorized and re- 
 quired to place the same on the tax roll of the county ; and the said tax 
 shall be collected by the county treasurer as the other taxes are collected, 
 and when collected shall be paid to treasurer of the said city, for the sole 
 purpose for which said taxes were levied, subject to the order of the said 
 board of education ; and all such levies required to be certified to the 
 county clerk shall be so certified on or before the twenty-fifth day of 
 August annually : Provided, That the estimate and tax for the general 
 purposes of the support and maintenance of such schools, and the expense 
 thereof, shall not exceed in any one year seven mills on the dollar of all 
 the taxable property of the said city: Provided further. The schools shall 
 not be kept open more than nine months in any one year. 
 
 Taxes. SEC. 144. [Laws 1876, Ch. 122, Art. 10, Sec. 15.] All 
 taxes collected for the benefit of the public schools shall be paid in money, 
 and shall be placed in the hands of the city treasurer, subject to the order 
 of the board of education. 
 
 District SEC. 145. [Laws 1876, Ch. 122, Art, 10, Sec. 16.] The 
 whole city shall compose a school district for all purposes of taxation, 
 
SCHOOL LAWS OF KANSAS. 47 
 
 but may be subdivided by the board of education into as many districts 
 as they may think proper. 
 
 Property. SEC. 146. [Laws 1876, Ch. 122, Art. 10, Sec. 17.] The 
 title of all property held for the use or benefit of the public schools shall 
 be vested in the board of education, and held by them in trust for the 
 city ; and the board of education may sue in its own name for all money 
 due or to become due to the board or the school fund, and for any tres- 
 pass upon, injury to, or concession of, any of the school property of said 
 city, for the benefit of the school fund of such city. 
 
 Sale of Property. SEC. 147. [Laws 1876, Ch. 122, Art. 10, Sec. 
 18.] No school property of any kind shall be sold or conveyed by the 
 board of education, except at a regular meeting of the same, and not then 
 without an affirmative recorded vote of at least two-thirds of all the 
 members of said board. 
 
 Meetings of the Board. SEC. 148. [Laws 1876, Ch. 122, Art. 10, 
 Sec. 19.] The regular meetings of the board of education shall be upon 
 the first Monday in each month, but special meetings may be held from 
 time to time, as circumstances may demand. 
 
 Annual Report. SEC. 149. [Laws 1876, Ch. 122, Art. 10, Sec. 
 20.] The board of education, at the close of each school year, or as soon 
 thereafter as practicable, shall make an annual report of the progress, 
 prosperity, and condition, financial as well as educational, of all the 
 schools under their charge ; and said*report, or such portion of it as the 
 board of education shall consider of advantage to the public, shall be 
 printed either in a public newspaper or in pamphlet form. 
 
 Expenditures. SEC. 150. [Laws 1876, Ch. 122, Art. 10, Sec. 21.] 
 No expenditure, involving an amount greater than two hundred dollars, 
 shall be voted, except in accordance with the provisions of a written con- 
 tract. 
 
 Sectarian Doctrine. SEC. 151. [Laws 1876, Ch. 122, Art. 10, 
 Sec. 22.] No sectarian or religious doctrine shall be taught or inculcated 
 in any of the public schools of the city; but nothing in this section shall 
 be construed to prohibit the reading of the holy scriptures. 
 
 Exemptions. SEC. 152. [Laws 1876, Ch. 122, Art. 10, Sec. 23.] 
 All property held by the board of education for the use of public schools 
 shall be exempt from taxation, and shall not be taken in any manner for 
 any debt due from the city. 
 
 Bonds. SEC. 153. [Laws 1876, Ch. 122, Art. 10, Sec. 24.] When- 
 ever it shall be necessary to raise funds to purchase a school site or sites, 
 or to erect or furnish suitable building or buildings thereon, or to pro- 
 vide for or pay any indebtedness already made or incurred for such pur- 
 
48 SCHOOL LAWS OF KANSAS. 
 
 poses, it shall be lawful for the board of education to issue bonds anc 
 negotiate and sell the same, but at not less than ninety cents on the dol- 
 lar. Such bonds shall bear date on the day they are issued and negotiated 
 and shall bear interest at a rate not exceeding ten per cent, per annum 
 payable semi-annually, and shall be payable in twenty years after theii 
 date : Provided, That no bond shall issue except by the vote of two-thirds 
 of the members of such board at a regular meeting thereof: And providec 
 further, That there shall not be outstanding at any one time more thai 
 one hundred and sixty thousand dollars in the aggregate amount of bonds 
 issued by the board of education, under the authority hereby given, 01 
 otherwise. 
 
 Execution, SEC. 154. [Laws 1876, Ch. 122,' Art. 10, Sec. 25/ 
 The bonds, the issuance of which is provided for in the preceding section 
 shall be signed by the president and clerk of the board of education, anc 
 countersigned by the treasurer ; and said bonds shall specify the rate o: 
 interest, and the time when principal and interest shall be paid, and eact 
 bond so issued shall not be for a less sum than fifty dollars. 
 
 Levy for Interest and Sinking Fund. SEC. 155. [Laws 1876 
 Ch. 122, Art. 10, Sec. 26.] The board of education, in its annual esti- 
 mate as provided in this article, shall include an amount sufficient to pay 
 the interest as the same accrues on all outstanding bonds issued by th( 
 board, and also to create a sinking fund for the redemption of said .bonds 
 and shall levy and cause the same to be collected as provided in the firsl 
 section of this act, in addition to the one-half of one per cent, authorized 
 by the provisions of the said section for school purposes ; and such moneys 
 shall remain a specific fund for said purpose only, and shall not be ap- 
 propriated for any other purpose or in any other way, except as herein- 
 after provided. 
 
 Use of Sinking Fund, SEC. 156. [Laws 1876, Ch. 122, Art. 10 
 Sec. 27.] The moneys levied and collected for creating a sinking fund 
 for the redemption of the principal of the bonds issued by the board ol 
 education shall be used and employed or invested as follows : 
 
 First: After retaining an amount sufficient to pay the principal of any 
 bonds maturing during the year, the board shall, with the surplus of such 
 sinking fund, when the same shall be one thousand dollars or more, pur- 
 chase any of the outstanding bonds issued by the board. Such purchase 
 shall be made at the lowest price such bonds can be purchased at, but at 
 not more than par value of such bonds; and whenever there shall be a 
 surplus of such sinking fund amounting to the sum of one thousand dol- 
 lars, the board shall purchase therewith like bonds, on the same terms 
 and conditions hereinbefore specified. 
 
SCHOOL LAWS OF KANSAS. 49 
 
 Second: If for any reason such bonds cannot be purchased as herein- 
 before specified, such sinking fund shall be invested by the treasurer, 
 under the direction of the board of education, at such times as the board 
 shall direct, in the interest-bearing bonds of the United States or the state 
 of Kansas, which shall be purchased at the lowest market price. Inter- 
 est accruing upon such bonds shall be invested in the same manner and 
 for the same purpose as sinking fund. Such bonds shall be held by the 
 treasurer until the principal of the bonds issued by the board of educa- 
 tion shall become due, and shall then be sold at the highest market price 
 and the proceeds applied to the payment of the bonds : Provided, That 
 if at any time the board shall deem it best, it shall be lawful for such 
 board to sell such bonds for the purpose of purchasing of the bonds is- 
 sued by such board ; but all such sales shall be at the highest market 
 price, and the bonds of the board purchased with the proceeds of such 
 sale shall be purchased at the lowest price they can be obtained for, and 
 not above the par value of such bonds : Provided, That no bond issued 
 by the board of education shall be purchased by said board that has not 
 been outstanding five years: And provided further. That the bonds first 
 maturing shall be first purchased, if they can be purchased on terms as 
 favorable to the board as any others offered for sale to the said board. 
 All bonds of the said board purchased under the authority hereby given, 
 or paid by the board, shall be forthwith canceled and destroyed, and the 
 clerk shall enter on the bond register of the said board, on the margin of 
 the record of the said bonds, the date when the same were purchased and 
 the price paid ; and thereafter no interest or sinking fund shall be levied 
 or collected for or on account of said bonds so canceled. Such sinking 
 fund shall never be used nor appropriated in any other manner whatever. 
 
 Interest SEC. 157. [Laws 1876, Ch. 122, Art. 10, Sec. 28.] 
 Whenever the interest of the above-mentioned bonds shall become due, 
 the same shall be paid by the treasurer. 
 
 Security. SEC. 158. [Laws 1876, Ch. 122, Art. 10, Sec. 29.] The 
 credit of the school fund of such city is hereby pledged to the payment 
 of the interest and principal of the bonds mentioned in this article, as the 
 same may become due. 
 
 Bond Registry. SEC. 159. [Laws 1876, Ch. 122, Art. 10, Sec. 
 30.] It shall be the duty of the clerk of the board of education to reg- 
 ister, in a book provided for that purpose, the bonds issued under this 
 act, which said registry shall show the number, date and amount, and 
 to whom is made payable, each of said bonds. 
 
 Powers and Duties of Board of Education. SEC. 160. [Laws 
 1879, Ch. 81, Sec. 1.] Section seventy-five of the act entitled "An act 
 
50 SCHOOL LAWS OF KANSAS. 
 
 to incorporate cities of the first class," approved February twenty- fourth 
 eighteen hundred and sixty-eight, is hereby amended so that the sam< 
 shall read and be as follows : Section 75. The board of education shal 
 have power to elect their own officers, make all necessary rules for th< 
 government of the schools of said city under its charge and control, am 
 of the said board, subject to the provisions of this act and the laws of thii 
 state ; to organize and maintain separate schools for the education of whit< 
 and colored children, except in the high school, where no discriminatioi 
 shall be made on account of color; to exercise the sole control over th< 
 public schools and school property of said city ; and shall have the powei 
 to establish a high school, and maintain the same in whole or in part, ty 
 demanding, collecting and receiving a tuition fee for and from each am 
 every scholar or pupil attending such high school. 
 
 Organization of Board. SEC. 161. [Laws 1879, Ch. 81, Sec. 2. 
 That section seventy-six of the act in the first section mentioned a; 
 amended by the act approved February tenth, eighteen hundred am 
 sixty-nine, shall be amended so that the same shall read as follows : Seq 
 tion 76. The board of education shall, at its first regular meeting in Au 
 gust of each year, organize by the election of a president and vice presiden 
 from its members, each of whom shall serve for one year, and until hii 
 successor is elected and qualified. They may elect a clerk, and a super 
 intendent of public schools, neither of whom shall be a member of saic 
 board, and who shall hold their respective offices during the pleasure o 
 the board. The board shall have the right, at any time and at any reg 
 ular meeting, to hold an election to fill any vacancy which may occu] 
 among the officers of the board, or any of its agents, servants, or employes 
 The fiscal year of such board shall close on the last day of June, and th< 
 annual reports of the president, superintendent, and of the several com- 
 mittees, shall be presented to the board on or before the first Monday ii 
 August in each year ; and the term of office of the president and vic( 
 president of the year eighteen hundred and seventy-one, and of the severa 
 members of the board now in office, is extended so that their severa 
 terms of office shall expire on the first Monday of August, instead of the 
 first Monday of May. 
 
 Re-funding of Outstanding Bonded Debt. SEC. 162. [Law* 
 1879, Ch. 81, Sec. 3.] The board of education of any city of the firsi 
 class is hereby authorized and empowered to re-fund any and all outstand- 
 ing bonds heretofore issued by or by order of said board, by issuing ne^ 
 bonds to the holders of such outstanding bonds: Provided, That suet 
 new bonds shall not be for a greater amount than the par value of the 
 bonds re- funded. Such re-funding bonds shall severally be in such 
 
SCHOOL LAWS OF KANSAS. 51 
 
 amount as said board shall direct, and shall state for what purpose issued, 
 and be payable to the person to whom issued, or bearer, within thirty 
 years after date, in installments as hereinafter provided, and shall bear 
 interest at the rate not exceeding six per cent, per annum, payable senri- 
 annually on January first and July first. That there shall be attached 
 to each of said bonds sixty coupons, numbered from one to sixty, and 
 each of the first ten shall be for the amount of the semi-annual interest 
 upon such bond. That said coupons numbered from eleven to thirty, 
 both inclusive, shall be for the amount of six mouths 7 interest upon the 
 principal of such bond unpaid, after deducting all installments of prin- 
 cipal paid or provided for by prior maturing coupons, and one and seven- 
 tenths per cent, of the principal sum mentioned in such bond; and the 
 last thirty of such coupons shall each be for six months' interest upon the 
 principal of said bond unpaid, after deducting all installments of principal 
 paid or provided for by prior maturing coupons, and one thirtieth of the 
 principal of said bonds which shall remain unpaid at the end of fifteen 
 years from the date of such bond or unprovided for by prior maturing 
 coupons; and when the said coupons shall be fully paid the said bonds 
 shall be of no further force or effect : Provided, That no bond or bonds 
 hereby authorized shall be delivered until the bond or bonds to be sur- 
 rendered therefor shall be surrendered and delivered to the said board. 
 All bonds re-funded under the provisions of this act shall be noted as 
 surrendered and canceled on the registry of the said board, and the same 
 shall be destroyed in the presence of said board. 
 
 Bonds Registered. SEC. 163. [Laws 1879, Ch. 81, Sec. 4.] The 
 bonds hereby authorized shall be numbered, and shall be registered in 
 the book kept by said board for the registry of its bonds ; and said bonds 
 shall be signed by the president and clerk of said board, attested with the 
 seal of said board by the clerk, and countersigned by the treasurer of said 
 city. 
 
 Levy of Bond Tax. SEC. 164. [Laws 1879, Ch. 81, Sec. 5.] The 
 board of education, and any and all boards, body or officers, by law au- 
 thorized to levy and collect taxes in and for said city for the support of 
 schools therein, shall at the same time and in the same manner as the 
 other taxes for school purposes are levied and collected, and in each and 
 every year until said bonds and interest are fully paid, as hereinbefore 
 provided, levy or cause to be levied upon all of the property within the 
 said city subject to taxation for school purposes, a tax or taxes sufficient 
 in amount to pay and discharge two of the coupons of each of the bonds 
 issued under the provisions of this act, and then outstanding, and cause 
 the same to be collected in the same manner as other school taxes are 
 
52 SCHOOL LAWS OF KANSAS. 
 
 collected, and, with the money so collected, pay and discharge the coupoi 
 for which said tax or taxes were levied. And it shall be the duty of tl 
 clerk of said board to forthwith, on the payment of any such coupons, 1 
 note their payment upon the registry of said bonds, and present the satr 
 to the board, and in their presence cancel the same in such manner as tl: 
 board shall direct; and said coupons shall be carefully preserved unt 
 the final payment of said bonds, and then destroyed, and the possessio 
 of such coupons by the board shall be conclusive evidence of their pa} 
 ment. And said board shall issue no bonds hereafter, except the r< 
 funding bonds provided for by this act. 
 
 Penalty. SEC. 165. [Laws 1879, Ch. 81, Sec. 6.] If said boar 
 of education, or other board, body or officer, whose duty it shall be 1 
 levy taxes for the payment of the coupons of the said bonds, as herei 
 provided, shall neglect or refuse to levy the tax or taxes for the paymei 
 of the coupons as by this act required, each member of such board or bodj 
 and each officer, who shall vote against or otherwise oppose the levy an 
 collection of such tax or taxes, or shall do any act to prevent or dela 
 such levy and collection, shall be liable, jointly and severally, to each an 
 every holder of such bonds, or coupons of said bonds, which would hav 
 been payable from such taxes if the same had been levied, for the who] 
 amount unpaid on such coupons ; and the same may be recovered in 
 civil action in any court of competent jurisdiction, and judgment rendere 
 thereon may be collected and enforced in the same manner as other judg 
 ments are collected and enforced ; and any such officer so neglecting c 
 refusing to levy such tax shall also be deemed guilty of a misdemeauoi 
 and on conviction thereof shall be fined in amount equal to .the amour 
 which it may be shown should have been so levied during such year, o 
 imprisoned in the county jail for a term not less than three nor more tha 
 twelve months. 
 
 Use of Money Levied and Collected under this Act, SEC 
 166. [Laws 1879, Ch. 81, Sec. 7.] Moneys levied and collected am 
 received under and pursuant to this act shall not be used or employe^ 
 for any other purpose than the payment of coupons of the bonds by thi 
 act authorized ; and any member of said board, or officer, who shall caus 
 such money so collected to be used for any other purpose, temporary o 
 otherwise, whatever, or counsel or consent to the same being so used, sha] 
 be liable, jointly and severally, to the holder of any such bonds or cou 
 pons for any coupons due, to be recovered and collected as in section si: 
 hereof specified. 
 
SCHOOL LAWS OF KANSAS. 
 
 ARTICLE XI. PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 
 
 : 167. Cities of the second class defined. 
 
 168. City schools free ; who may be excluded. 
 
 169. Adjacent territory may be attached to city 
 
 for school purposes; taxation in such 
 cases ; members of board. 
 
 170. Corporate name and style of city schools. 
 
 171. Cities of the second class to convey property 
 
 to board. 
 
 172. Conveyance, how executed. 
 
 173. Board of education, when and how elected; 
 
 term of office. 
 
 174. Vacancy, how filled. 
 
 175. Powers of the board. 
 
 176. Board shall organize, when and how. 
 
 177. Duty of the president, 
 
 178. Duty of the vice president. 
 
 179. Duty of the clerk. 
 
 180. Clerk shall give bond. 
 
 181. Duty of the treasurer. 
 
 182. Superintendent of city schools ; his duties, 
 
 term of office and salary ; examining 
 board, how constituted ; teacher may be 
 elected, how. 
 
 183. Annual school tax not to exceed eight mills. 
 
 184. Taxable property subject to school tax. 
 
 185. Meetings of board, when held. 
 
 186. Annual report of board shall be published, 
 
 when. 
 
 187. Restrictions regarding expenditures and 
 
 contracts. 
 
 188. No sectarian doctrines shall be taught in the 
 
 city schools. 
 
 189. For what purpose the board may issue 
 
 bonds; restrictions regarding interest; 
 maturity and sale of bonds ; proviso. 
 
 190. How bond election shall be conducted. 
 
 191. Execution of bonds ; signed by whom ; speci- 
 
 fications ; amount. 
 
 192. Annual levy for interest and sinking fund. 
 
 193. Investment of sinking fund. 
 
 194. Paid coupons, how indorsed. 
 
 195. Payment of principal and interest, how se- 
 
 cured. 
 
 196. Bonds issued by the board, to be registered 
 
 by the clerk. 
 
 197. Oaths and bonds of the officers, etc. 
 
 198. Treasurer of the board of education elected 
 
 annually. 
 
 Defined. SECTION 167. [Laws 1876, Ch. 122, Art. 11, Sec. 1.] 
 All cities now organized and acting as cities of the second class, by virtue 
 of the authority of former acts, and all cities hereafter attaining a popu- 
 lation over two thousand and not exceeding fifteen thousand inhabitants, 
 shall be governed by the provisions of this act ; and whenever any city 
 shall have hereafter attained a population exceeding two thousand inhabi- 
 tants, and such fact shall have been duly ascertained and certified by the 
 proper authorities of such city to the governor, he shall declare, by public 
 proclamation, such city subject to the provisions of this act. The mayor 
 and council of such city shall, at the time of making the certificate herein 
 provided for, make out and transmit to the governor an accurate descrip- 
 tion by metes and bounds of all the lands included within the limits of 
 such city, and the additions thereto, if any. 
 
 Free Schools. SEC. 168. [Laws 1876, Ch. 122, Art, 11, Sec. 2.] 
 In each city governed by this act there shall be established and maintained 
 a system of free common schools, which shall be kept open not less than 
 three nor more than ten months in any one year, and shall be free to all 
 children residing in such city between the ages of five and twenty-one 
 years. But the board of education may, where school-room accommoda- 
 tions are insufficient, exclude for the time being, children between the 
 ages of five and seven years. 
 
 Adjacent Territory. SEC. 169. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 3.] Territory outside the city limits, but adjacent thereto, may be 
 
54 SCHOOL LAWS OF KANSAS. 
 
 attached to such city for school purposes, upon application to the board 
 of education of such city by a majority of the electors of such adjacent 
 territory ; and upon such application being made to the board of educa- 
 tion, they shall, if they deem it proper and to the best interests of the 
 schools of said city and the territory seeking to be attached, issue an order 
 attaching such territory to such city for school purposes, and to enter the 
 same upon their journal; and such territory shall, from the date of such 
 order, be and compose a part of such city for school purposes only; and 
 the taxable property of such adjacent territory shall be subject to taxation, 
 and shall bear its full proportion of all expenses incurred in the erection 
 of school buildings, and in maintaining the schools of such city. When- 
 ever the territory so attached shall have attained a population equal to 
 that of any one ward of such city, or whenever the taxable property of 
 such attached territory shall equal that of any one ward of such city, such 
 attached territory shall be entitled to elect two members of the board of 
 education, who shall be elected at the same time that other members of 
 the board are elected, by the qualified electors of such territory, at an 
 election to be held at such place as the board of education may designate. 
 
 Body Corporate. SEC. 170. [Laws 1876, Ch. 122, Art, 11, Sec. 4.] 
 The public schools of each city organized in pursuance of this act shall 
 be a body corporate, and shall possess the usual powers of a corporation 
 for public purposes, by the name and style of " The board of education 
 
 of the city of , of the state of Kansas ; " and in that name may sue 
 
 or be sued, and be capable of contracting and being contracted with, of 
 holding and conveying such real and personal estate as it may come into 
 possession of, by will or otherwise, or as is authorized to be purchased by 
 the provisions of this act. 
 
 Conveyance of Property. SEC. 171. [Laws 1876, Ch. 122, Art. 
 11, Sec. 5.] Any city of the second class is hereby authorized and re- 
 quired, upon the request of the board of education of such city, to convey 
 to said board of education all property within the limits of any such city 
 heretofore purchased by any such city for school purposes, and now held 
 and used for such purposes, the title to which is vested in any such city. 
 
 How Executed. SEC. 172. [Laws 1876, Ch. 122, Art. 11, Sec. 6.] 
 All conveyances for the property mentioned in the preceding section shall 
 be signed by the mayor and attested by the clerk of said city, and shall 
 have the seal of the city affixed thereto, and be acknowledged by the 
 mayor of such city in the same manner as other conveyances of real estate. 
 
 Board of Education. SEC. 173. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 7.] At each annual city election there shall be a board of education, 
 consisting of two members from each ward, elected by the qualified voters 
 
SCHOOL LAWS OF KANSAS. 55 
 
 thereof, one of whom shall be elected annually, and shall hold his office 
 for the term of two years, and until his successor is elected and qualified : 
 Provided, That no member of the board of education shall be a member 
 of the council, nor shall any member of the council be a member of the 
 board of education. 
 
 Vacancy. SEC. 174. [Laws 1876, Ch. 122, Art. 11, Sec. 8.] The 
 board of education shall have power to fill any vacancy which may oc- 
 <;ur in their body : Provided, That any vacancy occurring more than ten 
 days previous to the annual election, and having an unexpired term of 
 one year, shall be filled at the first annual election thereafter; and the 
 ballots and returns of election shall be designated as follows : " To fill 
 unexpired term." 
 
 Powers. SEC. 175. [Laws 1876, Ch. 122, Art. 11, Sec. 9.] The 
 board of education shall have power to elect their own officers, except the 
 treasurer; to make their own rules and regulations, subject to the pro- 
 visions of this article; to organize and maintain a system of graded 
 schools; to establish a high school whenever in their opinion the educa- 
 tional interests of the city demand the same; and to exercise the sole con- 
 trol over the schools and school property of the city. 
 
 Organization. SEC. 176. [Laws 1876, Ch. 122, Art. 11, Sec. 10.] 
 The board of education, at its regular meeting in May of each year, shall 
 organize by the election of a president and vice president from among its 
 own members, each of whom shall serve for the term of one year, or un- 
 til their successors are elected and qualified; they shall also elect a clerk, 
 who shall hold his office during the pleasure of the board, and who shall 
 receive such compensation for his services as the board may allow. 
 
 President SEC. 177. [Laws 1876, Ch. 122, Art. 11, Sec. 11.] It 
 shall be the duty of the president to preside at meetings of the board of 
 education, to appoint all committees whose appointment is not otherwise 
 provided for, and to sign all warrants ordered by the board of education 
 to be drawn upon the treasurer for school moneys. 
 
 Vice President SEC. 178. [Laws 1876, Ch. 122,- Art. 11, Sec. 
 12.] It shall be the duty of the vice president to perform all the duties 
 of the president in case of his absence or disability. 
 
 Clerk. SEC. 179. [Laws 1876, Ch. 122, Art. 11, Sec. 13.] It shall 
 be the duty of the clerk to be present at all meetings of the board ; to 
 keep an accurate journal of its proceedings; to take charge of its books 
 and documents; to countersign all warrants for school moneys drawn 
 upon the treasurer by order of the board of education ; and perform such 
 other duties as the board of education or its committees may require. 
 
 Bond of Clerk. SEC. 180. [Laws 1876, Ch. 122, Art. 11, Sec. 14.] 
 
56 SCHOOL LAWS OF KANSAS. 
 
 Before entering upon the discharge of his duties, the clerk of the board 
 of education shall give a bond in the sum of one thousand dollars, with 
 good and sufficient sureties, to be approved by the board, conditioned for 
 the faithful performance of the duties of his office. 
 
 Treasurer. SEC. 181. [Laws 1876, Ch. 122, Art, 11, Sec. 15.] The 
 treasurer shall prepare and submit in writing a monthly report of the 
 state of , the finances of the district; and shall, when required, produce at 
 any meeting of the board, or any committee appointed for the purpose of 
 examining his accounts, all books and papers pertaining to his office ; lie 
 shall pay moneys only upon a warrant signed by the president, or in his 
 absence by the vice president, and countersigned by the clerk ; and shall 
 execute a bond in such sum as the board may require, with sufficient 
 sureties, to be approved by the board, conditioned for the faithful dis- 
 charge of his duties of treasurer to such board. 
 
 Superintendent; Examining Committee; Teachers. SEC, 
 182. [Laws 1876, Ch. 122, Art. 11, Sec. 16.] The board of education,, 
 at such times as they shall deem expedient, shall elect a superintendent 
 of schools, in no case a member of their own body, whose duty it shall 
 be to have a general supervision of the schools of the city, subject to the 
 rules and regulations of the board, who shall hold his office during the 
 pleasure of the board, and shall receive such compensation as that body 
 may allow. The board shall also appoint two competent persons, who, 
 with the superintendent as chairman thereof, shall be styled the examin- 
 ing committee of the board of education, whose duty it shall be to examine 
 all persons who may apply to them as teachers ; and no person except one 
 who holds a diploma or a certificate from the state board of education,, 
 shall be elected by the board as teacher, who cannot produce a certificate 
 from the examining committee signed by all or a majority of them, and 
 setting forth that such person is competent to teach in such department 
 of the public schools as may be stated in the certificate, and is a person 
 of good moral character ; and the board may fill any vacancy which may 
 occur in the examining committee. 
 
 Annual School Tax. SEC. 183. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 18.] The board of education shall, on or before the fifteenth day of 
 August of each year, levy a tax for the support of the schools of the city 
 for the fiscal year next ensuing, not exceeding in any one year eight mills 
 on the dollar on all personal, mixed and real property within the district 
 which is taxable according to the laws of the state of Kansas,, which levy 
 shall be approved by the city council ; and which levy, when so approved, 
 the clerk of the board shall certify to the county clerk, who is hereby 
 authorized and required to place the same on the tax roll of said county,. 
 
SCHOOL LAWS OF KANSAS. 57 
 
 to be collected by the treasurer of the county as are other taxes, and paid 
 over by him to the treasurer of the board of education, of whom he shall 
 take receipt in duplicate, one of which he shall file in his office, and the 
 other he shall forthwith transmit to the clerk of the board of education. 
 
 Taxable Property. SEC. 184. [Laws 1876, Ch. 122, Art, 11, Sec. 
 19.] The taxable property of the whole city, including the territory at- 
 tached for school purposes, shall be subject to taxation. All taxes col- 
 lected for the benefit of the schools shall be paid in money, and shall be 
 placed in the hands of the treasurer, subject to the order of the board of 
 education. 
 
 Meetings of the Board. SEC. 185. [Laws 1876, Ch. 122, Art. 
 11, Sec. 20.] The regular meetings of the board of education shall be 
 upon the first Monday of each month, but special meetings may be held 
 from time to time, as circumstances may demand. 
 
 Annual Report SEC. 186. [Laws 1876, Ch. 122, Art. 11, Sec. 
 21.] The board of education, at the close of each school year, or as soon 
 thereafter as practicable, shall make an annual report of the progress, 
 prosperity, and condition, financial as well as educational, of all the schools 
 under their charge ; and said report, or such portion of it as the board of 
 education shall consider of advantage to the public, shall be printed, either 
 in a public newspaper or in pamphlet form. 
 
 Expenditures; Contracts. SEC. 187. [Laws 1876, Ch. 122, Art. 
 11, Sec. 22.] No expenditures involving an amount greater than two 
 hundred dollars shall be made except in accordance with the provisions 
 of a written contract, and no contract involving an expenditure of more 
 than five hundred dollars for the purpose of erecting any public buildings 
 or making any improvements shall be made except upon sealed proposals, 
 and to the lowest responsible bidder. 
 
 Sectarian Doctrine. SEC. 188. [Laws 1876, Ch. 122, Art, 11, 
 Sec. 23.] No sectarian doctrine shall be taught or inculcated in any of 
 the public schools of the city ; but the holy scriptures, without note or 
 comment, may be used therein. 
 
 Bond. SEC. 189. [Laws 1876, Ch. 122, Art. 11, Sec. 24.] When- 
 ever it shall become necessary, by the board of education, in order to 
 raise sufficient funds for the purchase of a school site or sites, or to erect 
 a suitable building or buildings thereon, or to fund any bonded indebted- 
 ness, it shall be lawful for the board of education of every city coming 
 under the provisions of this act to borrow money, for which they are 
 hereby authorized and empowered to issue bonds bearing a rate of interest 
 not exceeding ten per cent, per annum, payable annually or semi-annually,. 
 at such place as may be mentioned upon the face of said bonds, which 
 
58 SCHOOL LAWS OF KANSAS. 
 
 bonds shall be payable in not more than twenty years from their date ; 
 'and the board of education is hereby authorized and empowered to sell 
 such bonds at not less than ninety cents on the dollar : Provided, That 
 no bonds shall be issued until the question shall be submitted to the peo- 
 ple, and a majority of the qualified electors who shall vote on the ques- 
 tion at an election called for that purpose shall have declared by their 
 votes in favor of issuing such bonds. 
 
 Bond Election. SEC. 190. [Laws 1876, Ch. 122, Art. 11, Sec. 25.] 
 It shall be the duty of the mayor of each city governed by this act, upon 
 the request of the board of education, forthwith to call an election, to be 
 conducted in all respects as are the elections for city officers in the same 
 cities, except that the returns shall be made to the board of education, 
 for the purpose of taking the sense of such district upon the question of 
 issuing such bonds, naming in the proclamation of such election the 
 amount of bonds asked for, and the purpose for which they are to be is- 
 sued. 
 
 Execution of Bonds. SEC. 191. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 26.] The bonds, the issuance of which is provided for in the fore- 
 going section, shall be signed by the president, attested by the clerk and 
 countersigned, by the treasurer of the board of education ; and said bonds 
 shall specify the rate of interest and the time when principal and interest 
 shall be paid, and each bond so issued shall be for a sum not less than 
 fifty dollars. 
 
 Levy for Interest and Sinking Funds. SEC. 192. [Laws 
 1876, Ch. 122, Art. 11, Sec. 27.] The board of education, at the time 
 of its annual levy of taxes for the support of schools, as hereinbefore pro- 
 vided, shall also levy a sufficient amount to pay the interest as the same 
 accrues on all bonds issued under the provisions of this article, and also 
 to create a sinking fund for the redemption of said bonds, which it shall 
 levy and collect, in addition to the rate per cent, authorized by the pro- 
 visions aforesaid for school purposes; and said amount of funds, when 
 paid into the treasury, shall be and remain a specific fund for said pur- 
 pose only, and shall not be appropriated in any other way except as here- 
 inafter provided. 
 
 Use of Sinking Fund. SEC. 193. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 28.] All moneys raised for the purpose of creating a sinking fund 
 for the final redemption of all bonds issued under this article, shall be 
 invested annually by the board of education in bonds of the state of Kan- 
 sas, or of the United States, or the board may buy and cancel the bonds 
 of the district whenever such may be purchased at or below par. 
 
 Interest SEC. 194. [Laws 1876, Ch. 122, Art. 11, Sec. 29.] When- 
 
SCHOOL LAWS OF KANSAS. 59 
 
 ever the interest coupons of the bonds hereinbefore authorized shall be- 
 come due, they shall be promptly paid on presentation, by the treasurer, 
 out of money in his hands collected for that purpose ; and he shall indorse 
 upon the face of such coupons in red ink the word " Paid," and the date 
 of payment, and sign the initials of his name. 
 
 Security. SEC. 195. [Laws 1876, Ch. 122, Art. 11, Sec. 30.] The 
 school fund, and property of such city and territory attached for school 
 purposes, is "hereby pledged to the payment of the interest and principal 
 of the bonds mentioned in this article, as the same may become due. 
 
 Bond Registry. SEC. 196. [Laws 1876, Ch. 122, Art. 11, Sec. 31.] 
 It shall be the duty of the clerk of the board of education to register in 
 a book provided for that purpose the bonds issued under this article, and 
 all warrants issued by the board, which said register shall show the num- 
 ber, date, and amount of said bonds, and to whom made payable. 
 
 Oath of Office. SEC. 197. [Laws 1876, Ch. 122, Art. 11, Sec. 32.] 
 Each member of the board of education and officer provided for in this 
 article shall take and subscribe an oath or affirmation to support the con- 
 stitution of the United States, the constitution of the state of Kansas, 
 and faithfully perform the duties of his office. The oath and bond of 
 the clerk shall be filed with the treasurer. All other oaths and bonds 
 shall be filed with the clerk. 
 
 Treasurer of the Board. SEC. 198. [Laws 1885, Ch. 99, Sec. 3.] 
 There shall be elected on the first Tuesday of April, of each odd- 
 numbered year, a mayor, city treasurer, police judge, and treasurer of 
 the board of education, together with councilmen, members of the board 
 of education, justices of the peace and constables as herein provided. 
 The mayor shall appoint, by and with the consent of the council, a city 
 marshal, a city clerk, a city attorney, and city assessor, and may appoint 
 an assistant marshal, city engineer, street commissioner, and such police- 
 men and other officers as they may deem necessary. The officers so ap- 
 pointed and confirmed shall hold their offices for the term of one year, 
 and until their successors are appointed and qualified; the council shall 
 by ordinance specify their duties and compensation, and by ordinance 
 abolish any office created by them whenever they may deem it expedient. 
 The mayor, councilmen, members of the board of education, justices of 
 the peace, constables, city treasurer, police judge, and treasurer of the 
 board of education, shall hold their offices for the term of two years, and 
 all other offices for the term of one year : Provided, At the first annual 
 election after the organization of any city, there shall be two councilmen 
 and two members of the board of education elected from each ward, one 
 of whom shall serve for one year and one for two years, and one council- 
 man and one member of the board of education shall be elected from each 
 
60 SCHOOL LAWS OF KANSAS. 
 
 ward at each annual election thereafter: Provided, That no member of 
 the board of education shall be a member of the council, nor shall any 
 member of the council be a member of the board of education, and no 
 person shall hold the office of police judge and justice of the peace at the 
 same time : And provided further, That in cities having a population of 
 over ten thousand inhabitants the board of education shall consist of six 
 members only. There shall be elected in such cities on the first Tuesday 
 of April, 1885, six members of the board of education, two of whom shall 
 serve for one year, two for two years, and two for three years, and at the 
 annual election every year thereafter two members of the board of edu- 
 cation shall be elected for the term of three years. 
 
 AKTICLE XII. PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS. 
 
 199. Cities of the third class defined ; govern- j 200. Shall not be detached for school districts,, 
 ment of public schools. etc. 
 
 Defined. SECTION 199. [Laws 1876, Ch. 122, Art. 12, Sec. 1.] 
 Public schools in incorporated cities which have not less than two hun- 
 dred and fifty and not over two thousand inhabitants, if not otherwise 
 provided for by law, shall be governed by the provisions of this act which 
 apply to the organization and maintenance of district schools or of union 
 or graded schools. 
 
 Area. SEC. 200. [Laws 1876, Ch. 122, Art. 12, Sec. 2.] That no 
 portion of the corporation of a city of the third class shall be detached 
 from the school district in which the city is located, and the whole of 
 such corporation shall be and remain in one school district for the purpose 
 of schools and taxation. 
 
 AKTICLE XIII. SCHOOL-DISTRICT BONDS. 
 
 I 201. Purposes for which district bonds may be 
 issued, and restrictions concerning the 
 same. 
 
 202. Bond elections; notices of, and how con- 
 
 ducted. 
 
 203. Denominations, rates of interest, and dis- 
 
 posal of bonds. permanent school fund to be made to the 
 
 204. Bonds must be registered. state treasurer. 
 
 1 210. The time of payment of bonds belonging to 
 the state permanent school fund may be 
 extended. 
 
 211. Bonds belonging to the state permanent 
 
 school fund may be paid before maturity. 
 
 212. Payment of bonds belonging to the state 
 
 205. Sinking fund, how provided and invested. 
 
 206. Penalty for issuing bonds without authority, 
 
 and for misappropriation of the proceeds. 
 
 207. Final disposition of paid bonds and coupons. 
 
 208. Districts not affected by this act. 
 
 209. Bond laws repealed. 
 
 213. State treasurer to inform county and city 
 
 treasurer of bonds belonging to state per- 
 manent school fund. 
 
 214. Remittance of funds to state treasurer. 
 
 215. Bonds to be canceled by state treasurer. 
 
 216. Penalty for city and county treasurers re- 
 
 fusing to act. 
 
 School-District Bonds. SECTION 201. [Laws 1883, Ch. 132, Sec. 
 1.] That for the purpose of erecting or purchasing one or more school 
 houses in and for any school district in the state of Kansas, the board of 
 
SCHOOL LAWS OF KANSAS. 61 
 
 directors of the same shall have power to issue the bonds of the district 
 in an amount not to exceed six per cent, of its taxable property, as shown 
 in the last assessment thereof. And for the purpose of extending the 
 time of payment of the bonded indebtedness of any school district, the 
 board of directors of the same shall have power to issue the bonds of the 
 district in a sum not to exceed in amount its outstanding bonded indebt- 
 edness : Provided, That no such bonds shall be issued until, at an election 
 called for that purpose, the question shall have been submitted to the 
 qualified electors of the district, and a majority of all the qualified elect- 
 ors in the district shall have declared by their ballots in favor of issuing 
 the same : And provided further, That no such election shall be ordered 
 unless a petition stating the purpose for which the bonds are to be issued, 
 and signed by at least one-third of the qualified electors of said district, 
 shall have been presented 'to the district board, praying that a vote be 
 taken for the issuing of such amount of bonds as may be asked for therein : 
 And provided further, That it shall be unlawful for any school district to 
 create any bonded indebtedness unless there are at least fifteen persons 
 between the ages of five and twenty-one years actually residing within 
 the limits thereof, as shown by a sworn census return, taken by the di- 
 rection of the board of directors of such school district. 
 
 Election. SEC. 202. [Laws 1879, Ch. 49, Sec. 2.] Whenever such 
 a petition, so signed, shall be presented to the board of directors of any 
 school district, praying that a vote be taken on the question of issuing 
 the bonds of the said district, it shall be the duty of the district board 
 immediately to order an election for the purpose of determining the ques- 
 tion of the issuing of the bonds as prayed for, and forthwith to give no- 
 tice by posting up written or printed notices, signed by the clerk, in five 
 of the most public places in the district, which notices shall be posted up 
 at least ten days before such election, and shall state therein the object 
 for which the election was called and the manner in which the question 
 shall be voted upon. The said election shall be conducted in all respects 
 as are general elections under the laws of the state, except that females 
 of the age of twenty-one years shall be entitled to vote at all such elec- 
 tions, subject only to the exceptions applied to males; and the returns of 
 the election shall be the same, except that they shall be made to the dis- 
 trict board. 
 
 Issuance. SEC. 203. [Laws 1879, Ch. 49, Sec. 3.] The bonds 
 herein provided for shall be issued in denominations of not less than one 
 hundred dollars nor more than five hundred dollars each ; they shall bear 
 interest at a rate not to exceed seven per cent, per annum, payable semi- 
 annually, on the first days of January and July of each year, at such place 
 
62 SCHOOL LAWS OF KANSAS. 
 
 as shall be designated in the bonds, the principal of the bonds being made 
 payable within fifteen years from their date. These bonds shall specify on 
 their face the date of issue, amount, for what purpose and to whom issued, 
 the time they run, the rates and times of payment of interest, and shall have 
 coupons attached for the interest as it becomes due, said coupons being so ar- 
 ranged that the last one shall fall due at the time of the maturity of the bond . 
 Said bonds and the coupons thereto attached shall be signed by the di- 
 rector and countersigned by the clerk, and after registration by the county 
 clerk, shall be negotiable and transferable by delivery, and may be dis- 
 posed of by the district board at not less than ninety-five cents on the 
 dollar, and the proceeds of the same applied as provided for in the peti- 
 tion at which issuance of the bonds was authorized. 
 
 Registration. SEC. 204. [Laws 1879, Ch. 49, Sec. 4.] Before de- 
 livering any school-district bonds, the board of directors of the district 
 issuing the same shall cause them to be registered with the clerk of the 
 county in which the said district is located. And it shall be the duty of 
 the county clerk, on presentation of any school bonds for registry, to reg- 
 ister the same in a book prepared for that purpose, which register shall 
 contain, first, the number of the district ; second, the number of the bond ; 
 third, date of bond ; fourth, to whom payable ; fifth, when [where] paya- 
 ble; sixth, when due; seventh, when interest is due; eighth, amount of 
 bond. The county clerk shall furnish one copy of his register to the 
 county treasurer, and forward one copy to the state superintendent, to- 
 gether with a statement, showing, first, the number of sections of land in 
 the district issuing such bonds ; second, the number of acres of land as- 
 sessed and subject to taxation in said district ; third, the assessed valuation 
 of taxable lands; fourth, the assessed valuation of all personal property 
 in such district ; which statement shall be signed by each member of the 
 school board issuing the bonds, and the county clerk shall certify under 
 the official seal of his office to the correctness of the statement and the 
 genuineness of the signatures attached thereto. 
 
 Interest and Sinking Fund. SEC. 205. [Laws 1879, Ch. 49, 
 Sec. 5.] It shall be the duty of the board of county commissioners of 
 each county to levy, annually, upon all the taxable property in each dis- 
 trict in such county a tax sufficient to pay the interest accruing upon any 
 bond issued by such district, and to provide a sinking fund for the final 
 redemption of the bonds, such levy to be made with the annual levy of 
 the county and the taxes collected with other taxes, and when collected 
 shall be and remain in the hands of the county treasurer, a specific fund 
 for the payment of the interest upon such bonds, and for their final pay- 
 ment at maturity : Provided, That moneys in the hands of the county 
 
SCHOOL LAWS OF KANSAS. 63 
 
 treasurer belonging to the sinking funds of the several school districts in 
 such county shall be invested by the county treasurer, first, in the bonds 
 of the district to which said sinking fund belongs, provided such bonds 
 can be purchased at a price not exceeding their market or par value ; sec- 
 ond, in the bonds of other school districts of this state maturing before 
 the bonds for which such fund is raised, provided the same can be pur- 
 chased at a price not exceeding their market or par value; third, in the 
 bonds of the state of Kansas, or of the United States. 
 
 Penalty. SEC. 206. [Laws 1879, Ch. 49, Sec. 6.] If any school- 
 district officer, whose duty it is under the provisions of this act to issue 
 or assist in any manner in the issuance of the bonds of any school district, 
 shall prepare, sign or deliver, or aid, counsel or assist in preparing, sign- 
 ing or delivering, or shall cause to be prepared, signed or delivered, any 
 bond or bonds of any school district, at any time before such bond or 
 bonds are authorized by this act to be prepared, signed or delivered, such 
 officer shall be guilty of a felony, and upon conviction shall be fined in 
 a sum of not less than five hundred dollars nor more than five thousand 
 dollars, or by imprisonment in the penitentiary for not less than one year 
 and not longer than five years, or by both such fine and imprisonment. 
 And if the board of directors of any school district, or any member 
 thereof, shall use or dispose of any school-district bonds, or the money 
 accruing from the sale of such bonds, in any other manner or for any 
 other purpose than that for which the same was created or intended, he 
 or they shall be liable to be punished by fine in any sum not less than 
 one thousand dollars, by information or indictment in any court of com- 
 petent jurisdiction, or by imprisonment in the county jail not more than 
 six months, or by both such fine and imprisonment. 
 
 Final Disposition. SEC. 207. [Laws 1879, Ch. 49, Sec. 7.] On 
 the payment of the bonds or coupons of any school district, the county 
 treasurer shall immediately cancel the same, and indorse thereon the date 
 of payment ; and at the time of his settlements with the several school- 
 district treasurers of his county, he shall deliver to each the canceled bonds 
 and coupons of his district, and take a receipt therefor, and such canceled 
 bonds and coupons shall be destroyed by the district treasurer in the 
 presence of all the officers of the district, a complete record of their de- 
 struction being made by the district clerk. On the last Saturday of July 
 of each year, each and every county treasurer shall make to the clerk of 
 his county a detailed report of all the bonds and coupons canceled during 
 the year, and the date of payment of the same, accompanied by the re- 
 ceipts given by district treasurers therefor; and the county clerk shall 
 immediately thereafter cancel the registry of all such bonds and coupons 
 by indorsing thereon the date of payment of each. 
 
64 SCHOOL LAWS OF KANSAS. 
 
 Rights Saved. SEC. 208. [Laws 1879, Ch. 49, Sec. 8.] The pro- 
 visions of this act shall not apply to any school district where any election 
 has already been held for the purpose of authorizing the issue of school- 
 district bonds, but the same shall be issued as now provided by law. 
 
 Repealing Clause. SEC. 209. [Laws 1879, Ch. 49, Sec. 9.] Ar- 
 ticle thirteen of chapter one hundred and twenty-two, laws of eighteen 
 hundred and seventy-six ; section five of chapter one hundred and twenty- 
 four, laws of eighteen hundred and seventy-four; chapter one hundred 
 and twenty-four, laws of eighteen hundred and seventy-six ; and chapter 
 forty-four, laws of eighteen hundred and seventy-seven, are hereby re- 
 pealed. 
 
 Time Extended. SEC. 210. [Laws 1879, Ch. 160, Sec. 1.] The 
 board of commissioners for the management of the state permanent school 
 funds shall have the power, and it is hereby made the duty of said board, 
 to exchange any school-district bonds belonging to the permanent school 
 funds now in the state treasury, for other bonds of the same district bear- 
 ing a lower rate of interest, and running a longer time than the bonds ex- 
 changed: Provided, That they shall not purchase any funding bonds 
 running a less time than five years : And provided further. That the rate 
 of interest on bonds running from five to fifteen years shall be seven per 
 cent, per annum ; and on bonds running longer than fifteen years the rate 
 of interest shall be six per cent, per annum. 
 
 Payment before Maturity. SEC. 211. [Laws 1879, Ch. 160, 
 Sec. 2.] If at any time any board of education or school district shall 
 have accumulated in the treasury sinking fund sufficient to pay in full 
 any bond or bonds issued by such board or district before their maturity, 
 the permanent school fund being the holders thereof, such board of edu- 
 cation or school district may pay the same to the state treasurer and take 
 up such bond or bonds, and the state treasurer is hereby authorized to 
 receive the same, and to cancel such -bond or bonds and the unmatured 
 coupons attached thereto, and deliver the same, so canceled, to the officer 
 paying the amount : Provided, That the state treasurer, before delivering 
 said bond or bonds, shall present the same to the auditor of state, together 
 with a statement showing the amount of coupons upon which no moneys 
 have been received ; and upon examining such statement, and comparing 
 it with the coupons attached to such bond or bonds, the auditor shall 
 credit the treasury with the amount shown to be canceled before maturity : 
 Provided, That nothing in this section shall be construed to apply to bonds 
 exchanged under the provisions of section one of this act. 
 
 Payable at State Treasury. SEC. 212. [Laws 1877, Ch. 174, 
 Sec. 1.] From and after the passage of this act, the interest and prin- 
 
SCHOOL LAWS OF KANSAS. 65 
 
 cipal of all bonds now belonging or which may hereafter belong to the 
 permanent school fund or sinking fund of the state of Kansas, which have 
 been or may hereafter be issued under and pursuant to the laws of said 
 state, shall be payable at the office of the state treasurer. 
 
 State Treasurer. SEC. 213. [Laws 1877, Ch. 174, Sec. 2.] At 
 least thirty days before the maturity of any bonds or coupons belonging 
 to the permanent school fund or sinking fund, it shall be the duty of the 
 state treasurer to furnish a detailed statement to each county or city treas- 
 urer, or the treasurer of any board of education, of the amount due from 
 them respectively, describing in such statement the number of the district 
 or the name of the city, the amount of interest due, and the amount of 
 principal due, if any. 
 
 County and City Treasurers. SEC. 214. [Laws 1877, Ch. 174, 
 Sec. 3.] It shall be the duty of each county and city treasurer, and the 
 treasurers of boards of education, to remit to the state treasurer, at least 
 ten days before the maturity of any bonds or coupons, all moneys collected 
 by them for the redemption of such bonds and coupons ; and all express 
 charges and postage shall be a proper charge against such city or school 
 district, and shall be allowed to such treasurer on settlement. 
 
 Cancellation, SEC. 215. [Laws 1877, Ch. 174, Sec. 4.] On re- 
 ceipt of any funds by the state treasurer, he shall immediately cancel all 
 coupons or bonds for which funds are remitted, and return such coupons 
 or bonds to the office of the treasurer remitting for the same. 
 
 Penalty. SEC. 216. [Laws 1877, Ch. 174, Sec. 5.] Any county or 
 city treasurer, or treasurer of any board of education, who shall neglect 
 or refuse to perform the duties required of him by this act, shall be liable 
 to the state in a sum equal to double the amount of such bonds or coupons 
 remaining unpaid by reason of such neglect or refusal, which may be re- 
 covered in a suit at law against such treasurer and his bondsmen ; and it 
 is hereby made the duty of the county attorney of the proper county, 
 upon the request of the attorney general, to prosecute all such suits. 
 5 
 
66 
 
 SCHOOL LAWS OF KANSAS. 
 
 ARTICLE XIV. SCHOOL LANDS. 
 
 217. What school lands may be sold. 
 
 218. Petition for sale to be signed, etc.; appoint- 
 
 ment and duties of appraisers ; minimum 
 price. 
 
 219. County clerk shall record appointment and 
 
 file appraisement. 
 
 220. Persons who may claim privilege of purchas- 
 
 ing at appraised value ; claimant must file 
 petition in probate court. 
 
 221. Proceedings in probate court; right of appeal. 
 
 222. Claimant may purchase one quarter-section 
 
 at appraised value, when; county treas- 
 urer shall dispose of unsold portion, how. 
 
 223. Terms of payment for other lands. 
 
 224. County clerk shall issue certificate to pur- 
 
 chaser; attorney general shall prepare 
 form for certificate. 
 
 225. Interest on deferred payments, how appro- 
 
 priated. 
 
 226. Purchaser credited on record of county 
 
 clerk, how. 
 
 227. Clerk shall transmit to auditor, when. 
 
 228. State auditor shall debit and credit each 
 
 county treasurer, how. 
 
 229. County treasurer shall pay over moneys to 
 
 state treasurer, when ; penalty for failure 
 to pay over. 
 
 230. Purchaser shall not commit waste; lands 
 
 purchased under this act are taxable. 
 
 231. Governor shall issue patent to purchaser, 
 
 when. 
 
 232. In case of failure to pay interest, etc., when 
 
 due, title to land forfeited; county at- 
 torney shall proceed to eject. 
 
 233. Forfeited lands may be reappraised, when. 
 
 234. Who shall not be allowed to purchase. 
 
 235. Proceeds of sale, how invested. 
 
 236. Lands may be sold at private sale to actual 
 
 settlers, when, in what quantities, and at 
 what price. 
 
 237. Privilege of school district to purchase s 
 
 238. Fees allowed for specified services; tirnbe 
 
 lands may be surveyed; county treasi 
 shall pay on order of county superinte 
 ent. 
 
 239. County superintendent shall transmit 
 
 stract of orders to state auditor, wh 
 state treasurer shall give additional bo 
 as custodian of bonds and securities. 
 
 240. State auditor shall include in his annual 
 
 port a statement of sales of school lam 
 241. 'County clerk shall furnish state auditor v 
 requisite data for a report. 
 
 242. Penalty for trespass on school land ; fine 
 
 243. Trespasser shall be brought before just 
 
 how. 
 
 244. Procedure in justices' courts. 
 
 245. Court having criminal jurisdiction shall j 
 
 special charge to grand jury. 
 
 246. Duty of whom to take notice and file c 
 
 plaint. 
 
 247. County attorney shall prosecute. 
 
 248. Fines collected for trespass to be paid i 
 
 the county school fund. 
 
 249. Purchasers may recover forfeited rig 
 
 when. 
 
 250. County clerk shall report sales of scl 
 
 lands to state auditor, when ; penalty 
 failure to report. 
 
 251. Duty of auditor, if clerk fails to report. 
 
 252. Purchaser shall pay, annually, the amov 
 
 specified in his bond, and shall rec< 
 from county treasurer duplicate receif 
 
 253. Duty of auditor, if county treasurer fail 
 
 pay over moneys arising from sale 
 school lands. 
 
 May be Sold. SECTION 217. [Laws 1876, Ch. 122, Art. 14, S 
 1.] All lands granted by the congress of the United States for sch< 
 purposes, known as section sixty [sixteen] and thirty-six, together w: 
 all such as have been granted in lieu of said sections, may be sold, a 
 such sale shall be regulated by the provisions of this act. 
 
 Appraisement SEC. 218. [Laws 1876, Ch. 122, Art. 14, Sec. ! 
 Whenever twenty householders of any organized township in which 1 
 land is situated, shall petition the superintendent of public schools of sn 
 county to expose to sale any portion or portions of said land, describi 
 the same, he shall, by and with the consent of the county commission! 
 of his county, appoint, in writing, three disinterested householders, residi 
 in the county in which said land is situated, who, being first duly swc 
 by an officer authorized to administer oaths, to faithfully perform th 
 
SCHOOL LAWS OF KANSAS. 67 
 
 duties, shall appraise each legal subdivision of said land separately at its 
 real value, and return their appraisement in writing, signed by them, to 
 the clerk of the county ; and in case any parcel of the said lands shall have 
 been improved, the said appraisers shall, in addition to the appraisement 
 of the land, return and file with the same a separate appraisement of the 
 improvements upon the land : Provided, That no appraisement of land 
 for less than three dollars per acre shall be of any validity, or entitle any 
 person to the provisions of this act. 
 
 County Clerk. SEC. 219. [Laws 1876, Ch. 122, Art. 14, Sec. 3.] 
 The county clerk shall immediately file the said appointment and ap- 
 praisement of said appraisers in his office, and record the same in a book 
 kept for that purpose. 
 
 Settlers' Eights. SEC. 220. [Laws 1876, Ch. 122, Art. 14, Sec. 
 4.] Any person who has settled upon and improved any portion of 
 school lands prior to the appraisement, may, within sixty days from its 
 appraisement, file in the probate court of his county a petition, stating 
 that he has settled upon and improved said lands; that the same have 
 been appraised, and the amount of the appraisement, and asking that he 
 be allowed to purchase the same : Provided, That the heirs of deceased 
 persons who have made improvements upon said lands shall be entitled 
 to all the rights accruing to actual residents thereon. 
 
 Proceedings in Probate Court. SEC. 221. [Laws 1876, Ch. 
 122, Art. 14, Sec. 5.] Said court shall require the petitioner to prove 
 the facts set forth in his petition, and the superintendent of public in- 
 struction may appear and introduce testimony to controvert said facts; 
 and if said petitioner fails to establish the truth of his petition, he shall 
 be adjudged to pay the costs. If he feels himself aggrieved by the de- 
 cision of said court, he shall have the right to appeal to the district court, 
 by filing a bond within fifteen days after such decision, conditioned that 
 he will prosecute the appeal, and pay all damages and costs that may be 
 adjudged against him. The state shall have power to appeal from the 
 decision of said court, by the superintendent filing a notice thereof, within 
 the time prescribed for the appeal by the petitioner; and when said no- 
 tice shall have been filed, the appeal shall be granted, and the probate 
 court shall transmit to the clerk of the district a certified transcript of the 
 record and proceedings relating to the cause, together with the original 
 papers in his office relating thereto; and the district court shall have 
 
 SEC. 220. Improvements upon school land entitle the owner to no special privileges as a purchaser, 
 unless accompanied by actual settlement, made prior to the appraisement. 
 
 A person who has settled upon and improved any portion of school lands prior to the appraisement, 
 cannot, before he has actually become the purchaser of the same, lawfully remove mineral or timber 
 from the same, even for use upon or improvement of said lands. See section 230, and sections 242-248 
 of this article. 
 
68 SCHOOL LAWS OF KANSAS. 
 
 jurisdiction of the cause, and shall proceed to hear, try, and determi 
 the same anew, without regard to any error, defect or other imperfecti* 
 in the proceedings in the probate court. 
 
 Notice of Sale, etc, SEC. 222. [Laws 1876, Ch. 122, Art. 1 
 Sec. 6.] In all cases where the court shall find that the petitioner h 
 settled upon and improved school lands, as set forth in his petition, t 
 petitioner may purchase the said lands, not exceeding one quarter-sectic 
 for the appraised value thereof, exclusive of the value of the impro^ 
 ments. The county treasurer shall then offer the unsold portion of { 
 school lands for sale at public auction, after giving four weeks' noti 
 thereof in some newspaper published in such county ; and in case no su 
 paper is published in such county, then said notice shall be given 1 
 posting the same at each voting precinct in such county at least four wee 
 previous to the sale; (and that any person may and shall have the pri\ 
 lege of making a bid or offer for said lands, between the hours of t< 
 o'clock A. M. and three o'clock p. M. of said day of sale.) Said noti 
 shall contain a description of the land and improvements, if any, thereo 
 with the appraised value thereof, and a statement (of the hours of sal 
 which shall be between the hours of ten o'clock A. M. and three o'clo< 
 P. M., as aforesaid), and the place of sale ; and no bid at said sale sh* 
 be received for less than the appraised value of said land and improv 
 ments. Timber land may be subdivided into lots of such size as tl 
 superintendent of public instruction and appraisers may deem best; ai 
 in all cases one-half the purchase-money for timber land shall be paid 
 the time of purchase, and the purchaser shall give a good and sufncie 
 bond for the payment of the remainder, as for other lands sold und 
 this act. 
 
 Terms of Payment SEC. 223. [Laws 1883, Ch. 140, Sec. 1 
 Any person purchasing such land shall pay to the treasurer of the coun 
 in which the same is situate one-tenth of the amount of the purchas 
 money, taking therefor a receipt, which he shall present to the coum 
 clerk, together with a bond in double the amount of the purchase-mom 
 unpaid, conditioned that he will not commit waste upon said laud, ar 
 that he will pay the balance of said purchase-money in twenty years, ar 
 interest to be paid annually thereon at the rate of six per cent, per ai 
 num as the same becomes due : Provided, That the purchaser may ps 
 the balance of the purchase-money at any time, or in installments of n< 
 less than twenty-five dollars : Provided, also, Any person having heret< 
 fore purchased such land, and made partial payment of the purchas< 
 money, and the purchase-money not being due on the same, and who 
 not in default in payment of interest due upon such purchase, or taxi 
 
SCHOOL LAWS OF KANSAS. 69 
 
 due upon the land, may, upon surrendering the certificate of purchase to 
 the county clerk in the county in which said land is situate, take out a 
 new certificate of purchase under the provision aforesaid, and upon pre- 
 senting a new bond in double the amount of the purchase-money remain- 
 ing unpaid ; said bond conditioned the same as the bond aforementioned 
 in this section. 
 
 Certificate of Purchase. SEC. 224. [Laws 1876, Ch. 122, Art, 
 14, Sec. 8.] The county clerk shall thereupon enter the amount of the 
 purchase-money on the land, the amount paid upon the same, in a book 
 kept for that purpose, and shall charge the same to the county treasurer 
 in the records of the county, and shall issue to the purchaser a certificate, 
 under the seal of his office, showing the amount paid, the amount due, 
 and the time when due, with interest, and that upon the payment of said 
 amount, when due, with interest, he will be entitled to a patent to said 
 land. It shall be the duty of the attorney general to prepare a proper 
 form for said certificates for the sale of said land, so as to protect the 
 rights of the state and of the purchaser, his heirs and assigns. 
 
 Interest, How Applied. SEC. 225. [Laws 1876, Ch. 122, Art. 
 14, Sec. 9.] The interest on the deferred payments of the land sold un- 
 der this act shall be annually appropriated to the support of schools, as 
 other school moneys under the direction of the state superintendent of 
 public instruction, as provided by law. 
 
 Credits. SEC. 226. [Laws 1876, Ch. 122, Art. 14, Sec. 10.] The 
 purchaser, when he pays to the county treasurer the interest, as it becomes 
 due, or any portion of the principal, shall take a receipt for the same, 
 which he shall present to the county clerk, who shall credit him with 
 the same, and charge the amount to the treasurer. 
 
 Abstracts. SEC. 227. [Laws 1876, Ch. 122, Art. 14, Sec. 11.] The 
 county clerk shall, semi-annually, on the first days of January and July 
 of each year, transmit to the state auditor an abstract of the land for 
 which he has issued certificates during the year, the amount of the pur- 
 chase-money for the same, the amount paid on each parcel of land, and 
 the amount paid on yearly installments for the current year, principal 
 and interest separately. 
 
 State Auditor. SEC. 228. [Laws 1876, Ch. 122, Art. 14, Sec. 12.] 
 The auditor shall charge each of the treasurers in the state the amount of 
 moneys received as principal and interest, separately, from the sale of 
 school lands in their respective counties, as certified by the clerks of the 
 several counties, and upon the payment of the said moneys to the treas- 
 urer of state, and the presentation of the state treasurer's receipt, shall 
 credit the several treasurers with the amount of the same. 
 
70 SCHOOL LAWS OF KANSAS. 
 
 County Treasurers. SEC. 229. [Laws 1876, Ch. 122, Art. 1' 
 Sec. 13.] The treasurers of the several counties shall pay over, sem 
 annually, to the treasurer of the state, the amount received in their coui 
 ties from the sale of school land, taking receipts therefor, which, whe 
 indorsed by "the auditor of state, shall be presented to the clerk of h 
 county, who shall credit him with the amount of the same ; and an 
 treasurer failing so to do shall be liable in double the amount not pai 
 over, on his official bond, to be recovered by action in the district cour 
 in the name of the state of Kansas. 
 
 Waste; Taxation. SEC. 230. [Laws 1879, Ch. 161, Sec. 1.] K 
 purchaser of school land, prior to his obtaining title to the same, sha 
 commit any waste upon such land, or take or remove mineral or timb< 
 from the same, other than for use upon or improvements of said lan< 
 The lands purchased under this act shall be subject to taxation, as oth< 
 lands ; and in case of non-payment of any taxes charged thereon, the sai 
 lands may be sold, as in other cases, but the purchaser at such sale sha 
 be subject to all the conditions of the bond of the original maker, and < 
 the certificate of purchase : Provided, That such purchaser of said scho< 
 land shall be allowed one year from the date of the certificate of sale < 
 such land for such taxes, in which to redeem from such tax sale, by con 
 plying with the provisions of law relating to the redemption of land fro] 
 tax sale, and paying to the county treasurer, for the benefit of the hold< 
 of such tax certificate, all installments of interest or other payments whic 
 such holder of tax certificate has been compelled to pay in order to pr< 
 vent a forfeiture of the rights of purchaser of school land, under the pr< 
 visions of section sixteen of this act. 
 
 Patent SEC. 231. [Laws 1876, Ch. 122, Art. 14, Sec. 15.] 
 presentation of a certificate of the county clerk, showing that any perse 
 has paid the full amount of the purchase-money, and all interest due, f( 
 any portion of said school lands, with a certificate thereon, indorsed b 
 the auditor of state, showing that he has charged the county treasurer ( 
 the county where the land is situated with the full amount of the pui 
 chase-money mentioned in said certificate, the governor of the state sha 
 issue a patent to the purchaser, his heirs or assigns, for the same, whic 
 said patent shall convey to the patentee a full title in fee simple to sai 
 lands. 
 
 Forfeiture; Fees. SEC. 232. [Laws 1879, Ch. 161, Sec. 2.] 1 
 any purchaser of school land shall fail to pay the annual interest whe 
 the same becomes due, or the balance of the purchase-money when tli 
 same becomes due, it shall be the duty of the county clerk of the count 
 in which such laud is situated, immediately to issue to the purchaser 
 
SCHOOL LAWS OF KANSAS. 71 
 
 notice in writing, notifying such purchaser of such default, and that if 
 such purchaser fail to pay, or cause to be paid, the amount so due, to- 
 gether with the costs of issuing and serving such notice, within sixty days 
 from the service thereof, the said purchaser, and all persons claiming un- 
 der him, will forfeit absolutely all right and interest in and to such land 
 under said purchase, and an action will be brought to eject such pur- 
 chaser, and all persons claiming under him, from such land. It shall be 
 the duty of said county clerk to include in such notice all tracts of land 
 sold to the same purchaser, and on which default in any such payment 
 then exists. The notice above provided for shall be served by the sher- 
 iff of the county, by delivering a copy thereof to such purchaser, if found 
 in the county also to all persons in possession of such land; and if 
 such purchaser cannot be found, and no person is in possession of said 
 land, then by posting the same up in a conspicuous place in the office of 
 the county clerk. And in case such land or any part thereof has been 
 sold for taxes, a copy of such notice shall be delivered to such purchaser 
 at tax sale, if a resident of the county. Said sheriff shall serve such 
 notice and make due return of the time and manner of such service 
 within fifteen days from the time of his receipt of the' same. The sheriff 
 shall be entitled to the same fees and mileage for serving the same as al- 
 lowed by law for serving summons in civil actions. If such purchaser 
 shall fail to pay the sum so due, and all costs incident to the issue and 
 service of said notice, within sixty days from the time of the service or 
 posting of such notice as above provided, such purchaser and all persons 
 claiming under him shall forfeit absolutely all rights and interest in and 
 to such land, under and by virtue of such purchase. And the county 
 attorney shall proceed to eject him and all persons claiming under him 
 from said premises, if in possession. If the costs of the issue and ser- 
 vice of the notice above provided for be not paid by the purchaser of such 
 laud, the same shall be paid by the county treasurer out of the proceeds 
 of the sale of school lands in his hands, upon the order of the county 
 superintendent of public instruction, made upon the affidavits of the 
 officers to whom the same are due, showing the amount and correctness 
 of the same : Provided, In all cases of the sale of school lands hereto- 
 fore made, when the purchaser or purchasers thereof have made partial 
 payments therefor, and have forfeited the same by law, and the money 
 already paid thereon, and when the said purchaser or purchasers thereof 
 have not been ejected, the person or persons having made such partial 
 payment or payments, their heirs or assigns, may renew their right to 
 retain said lands by making full payment of all interest that may be due, 
 with interest at the rate of ten per cect. per annum on all interest in de- 
 
72 SCHOOL LAWS OF KANSAS. 
 
 fault from the date of default to date of full payment : Provided, Such 
 payment shall be made within six months from the first day of April, 
 1879 : And provided, When such lands shall have been disposed of to 
 other persons, in pursuance of law, no interest obtained shall be affected 
 by this act : And provided further, That all expenses that may be incurred 
 under this act shall be borne by those seeking to avail themselves of the 
 benefits of this act. 
 
 Forfeited Lands. SEC. 233. [Laws 1879, Ch. 161, Sec. 3.] Laud 
 from which purchasers have been ejected, and lands which have been 
 forfeited, and which are unoccupied by the purchaser or his assigns, shall 
 be reappraised, and may be purchased by any person in accordance with 
 the provisions of this act, and in all cases lands which have not been 
 claimed or purchased shall be reappraised every five years: Provided, 
 That they may be reappraised at any time on petition of one-half of the 
 bona fide householders of the township in which the lands lie to the board 
 of county commissioners of the county, at their discretion. But such re- 
 appraisement shall be conducted according to the provisions of this act, 
 and the sales upon the same shall be conducted in all respects in accord- 
 ance with the provisions of this act. 
 
 Unlawful Purchase. SEC. 234. [Laws 1876, Ch. 122, Art. 14, 
 Sec. 18.] It shall be unlawful for the county superintendent appointing 
 the appraisers, or the persons appraising the lands, to purchase, either 
 directly or indirectly, any portion of the land appraised by them. 
 
 Investment of Proceeds. SEC. 235. [Laws 1876, Ch. 122, Art. 
 14, Sec. 19.] The proceeds of the sale of school lands shall be invested 
 by the board of commissioners for the management and investment oi 
 school funds, in the bonds or other interest-paying securities of this state 
 or of the United States, at the current market price thereof, at the time 
 of making such investment. 
 
 Private Sale. SEC. 236. [Laws 1876, Ch. 122, Art. 14, Sec. 20.] 
 In all cases where school lands fail to sell as provided for in this act, the 
 county treasurer may dispose of said lands at private sale to actual settlers 
 only, in tracts not exceeding one hundred and sixty acres to each pur- 
 chaser : Provided, That no sale be made at less than the appraised value 
 of the land and improvements : And provided further, That if school lands, 
 once offered at public sale, are not sold within one year from the time oi 
 said sale, they shall be reappraised and sold at public sale, as other school 
 lands are sold : Provided further, That the person so residing upon said 
 school land shall have the privilege of purchasing said land, exclusive oi 
 the appraised value of the improvements ; but in the event of any person 
 other than the actual settler buying in said land, the person so purchas- 
 
SCHOOL LAWS OF KANSAS. 73 
 
 ing shall pay to the person entitled to the pay for the improvements the 
 amount of the appraised value of said improvements, they having been 
 previously appraised according to the provisions of this act. 
 
 Privilege of School District SEC. 237. [Laws 1876, Ch. 122, 
 Art. 14, Sec. 21.] Any school district shall be entitled to purchase and 
 acquire, for a school-house site, any quantity of land not exceeding tAVO 
 acres, of any school lands situate in such district, and shall acquire the 
 title to the same according to the provisions of this act : Provided, That 
 such tract shall be situate on one of the boundary lines of the section, or 
 any quarter-section thereof. 
 
 p eeSt _S E c. 238. [Laws 1876, Ch. 122, Art. 14, Sec. 22.] Each ap- 
 praiser required under this law shall receive two dollars per day ; and in 
 cases when it is necessary to divide timbered lands into lots of less size 
 than the legal subdivisions, the surveyor, chainmen and axmen shall receive 
 the same pay as is provided for by law in other cases. The county clerk, 
 under this act, shall be allowed for filing each paper, five cents ; for re- 
 cording each appraisement and other paper necessary to be recorded, seven 
 cents per folio ; for granting a certificate to a purchaser of school land, 
 twenty-five cents; for indorsing payment on certificate, five cents; for 
 , filing treasurer's receipt, five cents; for approving bonds, twenty-five 
 cents to be paid by the purchaser; for making out abstract to be for- 
 warded to auditor of state, five cents for each tract of land. The county 
 treasurer shall receive for making out list of land for the printer, or to 
 be posted, five cents for each tract advertised ; for issuing a receipt to 
 purchaser of school land, twenty-five cents, which receipt, before it shall 
 be of any validity, shall be presented by the purchaser to the county 
 clerk, who shall indorse the same as entered upon the proper book of his 
 office ; on the net proceeds of the sale of school lands, one per cent. ; and 
 the county treasurer shall receive no fees for the sale of school lands ex- 
 cept as provided for in this act. The printer, for publication of notice 
 for sale of school lands shall receive legal rates. The probate judge shall 
 be allowed the same fees under this act as for similar services in his court. 
 The county attorney, sheriff and district clerk shall receive for their re- 
 spective services, under this act, the fees allowed by law for similar ser- 
 vices. The several amounts above specified shall be paid by the county 
 treasurer out of any money arising from the sale of the school lands, on 
 the order of the county superintendent of public instruction; and the 
 county superintendent is hereby authorized to administer the oath to 
 appraisers, and in verification of all bills presented to him he shall take 
 the affidavit of the person or persons presenting such bills. The county 
 superintendent shall be paid as is now provided by law. 
 
74 SCHOOL LAWS OF KANSAS. 
 
 County Superintendent's Abstracts, SEC. 239. [Laws 1876, 
 Ch. 122, Art. 14, Sec. 23.] The county superintendent shall, on the first 
 Mondays of January and July, in each year, transmit to the auditor 
 of state an abstract of the amount of each order given, and for what 
 service, which amounts shall be credited to the treasurer of the proper 
 county. The treasurer of state shall be the custodian of all bonds or se- 
 curities on which moneys arising under the provisions of this act may be 
 invested, and he is hereby required to give additional bonds, as the 
 governor of the state shall direct. 
 
 State Auditor's Report. SEC. 240. [Laws 1876, Ch. 122, Art. 14, 
 Sec. 24.] That it shall be the duty of the auditor of state to incorporate 
 in his annual report to the governor each year, by counties, and in the 
 
 First: The number of acres of land sold under the territorial govern- 
 ment, and the amount paid into the school fund of the state for the 
 same. 
 
 Second: The whole number of acres of school lands sold in each 
 county since the admission of the state up to the first day of July pre- 
 ceding such report; the total amount of sales; average price per acre; 
 the amount paid as principal ; amount of county superintendents 7 order[s] 
 allowed for expenses incurred in the sale of lands; and the amount of 
 unpaid installments bearing ten per cent, interest. 
 
 Third: The number of acres of school lands sold in each county 
 during the year ending the first of July preceding the annual report; 
 the amount paid [as] principal; the amount of superintendents 7 orders 
 allowed ; the amount of installments unpaid on the sales for the year, 
 and bearing interest. 
 
 Fourth: A statement of the amount of school lands forfeited in each 
 county during the year ending the first of July preceding the annual re- 
 port, showing the number of acres in each tract forfeited, the person by 
 whom forfeited, and for what amount, distinguishing between the unpaid 
 principal and the unpaid interest which fell due during the year. 
 
 County Clerk's Report, SEC. 241. [Laws 1876, Ch. 122, Art. 
 14, See. 25.] That it shall be the duty of the county clerk of each county 
 to furnish the state auditor the report named in the foregoing section of 
 this act, on or before the first day of October in each year. 
 
 Trespass on School Lands. SEC. 242. [Laws 1876, Ch. 122, 
 Art. 14, Sec. 26.] If any person shall cut down, injure, destroy or carry 
 away any tree or trees growing upon any school lands that are or may 
 hereafter be set apart for the use of schools, or any other state institu- 
 tions, or cut, destroy or carry away any wood, standing or being upon or 
 
SCHOOL LAWS OF KANSAS. 75 
 
 growing on any school, college or university land, or shall dig up, quarry 
 or carry away any stones, ore or mineral, lying or being upon such lands, 
 the person committing such trespass shall be deemed guilty of a misde- 
 meanor, and may be indicted and fined in a sum not less than double the 
 amount of damages proved to have been committed,, and not exceeding 
 one thousand dollars, and confined in the county jail not less than one 
 month and not more than six months. 
 
 Complaint of Trespass. SEC. 243. [Laws 1876, Ch. 122, Art. 
 14, Sec. 27.] Whenever complaints shall be made, in writing and upon 
 oath, to any justice of the peace, that any person has violated the provi- 
 sions of the preceding section of this act, it shall be the duty of such jus- 
 tice to issue his warrant, under his hand, reciting the substance of the 
 complaint, and commanding the officer to whom it is directed forthwith 
 to apprehend the person so complained of, and bring him before such 
 justice. 
 
 Procedure in Justice's Court. SEC. 244. [Laws 1876, Ch. 122, 
 Art. 14, Sec. 28.] Upon such person being brought before such justice, 
 it shall be the duty of the justice to examine the complaint and the wit- 
 nesses which either party may produce ; and if it shall appear to the sat- 
 isfaction of the justice that the person complained of is probably guilty, 
 he shall require such person to enter into recognizance in such sum, not 
 exceeding two thousand dollars, with two or more sufficient securities, as 
 such justice may direct, to appear at the next term of the district court; 
 and in default of such recognizance, the justice shall commit such person 
 to jail to await the action of said district court. 
 
 Grand Jury. SEC. 245. [Laws 1876, Ch. 122, Art. 14, Sec. 29.] 
 It shall be the duty of each court having criminal jurisdiction to give 
 this act in charge especially to the grand jury at each term. 
 
 Complainants. SEC. 246. [Laws 1876, Ch. 122, Art. 14, Sec. 30.] 
 It shall be the duty of the county superintendent of public instruction, 
 the district directors, clerks and treasurers, and all sheriffs and constables, 
 to take notice of all trespasses committed on school lands in their respec- 
 tive counties, and immediately file a complaint against any person vio- 
 lating this act, before the proper authorities. 
 
 County Attorney. SEC. 247. [Laws 1876, Ch. 122, Art. 14, Sec. 
 31.] It shall be the duty of the county attorneys in their respective 
 counties to prosecute all persons charged with the violation of this act. 
 
 Fines. SEC. 248. [Laws 1876, Ch. 122, Art. 14, Sec. 32.] All 
 damages, fines and forfeitures collected under the provisions of this act, 
 shall be paid into the county treasury, for the use and benefit of the 
 common-school fund. 
 
76 SCHOOL LAWS OF KANSAS. 
 
 Recovery of Forfeited Rights. SEC. 249. [Laws 1876, Ch. 112, 
 Sec. 1.] That in all cases of the sale of school lands heretofore made, 
 where the purchasers thereof have made partial payment or payments 
 thereon, and have by law forfeited their rights to such lands, and the 
 money already paid thereon, and when the said purchaser or purchasers 
 have not been ejected, said persons having made such partial payment or 
 payments, their heirs and assigns, may, within twelve months from the 
 passage of this act, renew their right to retain the lands so forfeited by 
 paying the amount due on said lands in the manner provided by existing 
 law : Provided, That when such lands shall have been disposed of to 
 other persons under the law, no interest thereby obtained shall be affected 
 by this act : And provided further, That all expenses that may be incurred 
 under this act shall be borne by those seeking to avail themselves of the 
 benefits of this act. 
 
 Report of Sales; Penalty. SEC. 250. [Laws 1876, Ch. 126, 
 Sec. 1.] That section two of chapter one hundred and thirty-nine of the 
 laws of eighteen hundred and seventy-one be and the same is hereby 
 amended so as to read as follows : Sec. 2. That it shall be the duty of the 
 county clerk of each county to furnish the state auditor the report named 
 in the first section of the act to which this is amendatory, on or before the 
 first day of October in each year, and that upon failure to make said re- 
 port he shall be deemed guilty of neglect of duty and misconduct in office, 
 and shall be punished by fine not exceeding two hundred dollars, or by 
 imprisonment in the county jail not exceeding sixty days, or by both 
 such fine and imprisonment. 
 
 Duty of Auditor. SEC. 251. [Laws 1876, Ch. 126, Sec. 2.] That 
 it shall be the duty of the auditor of state, on the thirtieth day of October, 
 or as soon thereafter as possible, annually to report the failure and neg- 
 lect of the several county clerks to make the required report, to the at- 
 torney general of the state, who shall at once institute the necessary 
 proceedings to punish said neglect of duty. 
 
 Payments, How Made. SEC. 252. [Laws 1876, Ch. 127, Sec. 1.] 
 That section ten of chapter ninety-four of the general statutes of eighteen 
 hundred and sixty-eight be and the same is hereby amended so as to read 
 as follows : Section 10. The purchaser shall pay to the [county] treasurer 
 annually the amount of each yearly installment, with interest, as specified 
 in his bond, and the treasurer shall give duplicate receipts to the pur- 
 chaser therefor, stating the amount therein paid, and on what account; 
 one of which shall forthwith be delivered by the purchaser to the county 
 clerk, who shall credit him with the same, and charge the amount to the 
 treasurer. 
 
SCHOOL LAWS OF KANSAS. 
 
 77 
 
 Prosecution of County Treasurers. SEC. 253. [Laws 1876, Ch. 
 127, Sec. 2.] That upon the failure of the several county treasurers to 
 pay into the state treasury the full amount received in their respective 
 counties from the sale of school lands, or the interest paid thereon, at each 
 semi-annual settlement, it shall be the duty of the auditor of state imme- 
 diately to require the prosecuting attorney of the proper county to prose- 
 cute the delinquent under the provisions of section thirteen of the act to 
 which this [is] amendatory. 
 
 ARTICLE XV. STATE PERMANENT SCHOOL FUND. 
 
 1 267. Probate court to order sale of estate described 
 in petition. 
 
 268. Proceeds of sale to be paid through county 
 
 treasurer into state permanent school fund. 
 
 269. All bonds belonging to state permanent 
 
 school fund shall be consolidated, how. 
 
 270. Consolidated bonds shall be registered. 
 
 271. Kegistration of bonds. 
 
 272. Registration of bonds. 
 
 273. Bonds to be indorsed, how. 
 
 274. State treasurer's statement to state auditor. 
 
 275. Cancellation of bonds paid. 
 
 276. Comparison of registers kept by auditor and 
 
 treasurer. 
 
 277. Penalty for delinquency of state treasurer. 
 
 278. Rate of interest may be reduced. 
 
 279. Payment of bonds owned by the state. 
 
 280. Proceedings when bonds are exchanged. 
 
 281. Cancellation of bonds and record of ex- 
 
 change. 
 
 282. How funding bonds are to be stamped. 
 
 $254. Board of school-fund commissioners, how 
 composed and organized. 
 
 255. Meetings. 
 
 256. Records of school-fund commissioners. 
 
 257. Register of bonds offered for sale. 
 
 258. Bonds in which the different funds may be 
 
 invested. 
 
 259. Transactions of the board of commissioners. 
 26 X Records of the condition of funds. 
 
 261. Where the records shall be kept. 
 
 262. Orders to be drawn in payment for bonds 
 
 purchased. 
 
 263. The state treasurer shall be the custodian of 
 
 the funds and securities belonging to the 
 state permanent school, state normal 
 school, and state university funds. 
 
 264. The commissioners shall collect moneys due 
 
 different funds. 
 
 265. Compensation of board. 
 
 266. Where person dies without heir and will, 
 
 county superintendent may file petition in 
 probate court. 
 
 School Fund Commissioners. SECTION 254. [Laws 1879, Ch. 
 166, Sec. 113.] The state superintendent of public instruction, secretary 
 of state and attorney general shall constitute a board of commissioners 
 for the management and investment of the state permanent school, state 
 normal school, and state university funds. Such board shall be organ- 
 ized as follows : The secretary of state shall be president of such board, 
 and the state superintendent of public instruction shall be the secretary 
 thereof. In the absence of either of said officers, the attorney general 
 shall act as president, or as secretary, as the case may require. Such 
 commissioners, when acting as such, must act personally. No member 
 thereof can be represented in such board by any assistant or clerk in the 
 office of which such member is the chief officer. 
 
 Meetings. SEC. 255; Such board of commissioners shall meet reg- 
 ularly in the office of the state superintendent of public instruction, on 
 the last Saturday of each month, at ten o'clock A. M. Special meetings 
 of the board may be held at any time at the call of any member. 
 
78 SCHOOL LAWS OF KANSAS. 
 
 Records. SEC. 256. [Laws 1879, Ch. 166, Sec. 114.] Said com- 
 missioners shall keep in a suitable book a full and correct record of all 
 their proceedings at every session of the board, which record at the close 
 of each session shall be signed by the president and secretary. 
 
 Bonds Offered. SEC. 257. [Laws 1879, Ch. 166, Sec. 116.] They 
 shall also keep such other books as may be necessary to properly register 
 and describe all bonds oifered to them, and all bonds bought by them for 
 the benefit of the permanent school, state agricultural college, state normal 
 school, and state university funds, or either. Such record books shall be 
 ruled so as to enable the board to register the name and residence of the 
 person offering to sell any such bond or bonds, the name and residence or 
 location of the owner or district for whom such offer is made, and a full, 
 detailed description of every bond, whether United States, state, or school- 
 district, and the date, number, series, amount and rate of interest of each 
 bond, and when the interest and principal respectively are payable ; and 
 such record shall be made of every such bond before the board shall act 
 upon the question of purchasing such bond. 
 
 Investment SEC. 258. [Laws 1883, Ch. 143, Sec. 1.] Said board 
 of commissioners shall have the power, and it is hereby made their duty, 
 from time to time to invest any money belonging to the permanent 
 school fund, the state agricultural college, state normal, and state univer- 
 sity fund, in the bonds of the state of Kansas or of the United States, 
 school-district bonds of the several school districts of the state of Kan- 
 sas, bridge, court-house bonds, or in county, township, or city re-funding 
 bonds of the several counties, townships and cities of the state of Kansas. 
 In making such investment they shall give preference to the bonds of the 
 state of Kansas, school-district bonds and re-funding bonds, when the 
 same can be procured most advantageously to the said funds ; but they 
 shall not pay for any state, school-district or re-funding bonds in any case 
 a greater sum than the par value of the same, nor shall they pay for any 
 such bonds any greater sum than the actual market price thereof at the 
 time of purchasing the same : Provided, however, That the commissioners 
 shall not invest in any bonds which, together with the other outstanding 
 indebtedness, shall exceed ten per cent, of the assessed valuation of said 
 municipal corporation : And provided further, That all re-funding bonds 
 herein provided shall be bonds re-funded under the general laws of the 
 state. 
 
 Quorum and Business. SEC. 259. [Laws 1879, Ch. 166, Sec. 
 118.] Any two members of said board shall constitute a quorum. But 
 such board shall not purchase any school-district bond or bonds except 
 at a legal session thereof, nor unless every member of the board is notified 
 
SCHOOL LAWS OF KANSAS. 79 
 
 in time to be present at such meeting, and notified also that the question 
 of purchasing such bonds is to be considered thereat, designating the 
 bonds. 
 
 Records. SEC. 260. [Laws 1879, Ch. 166, Sec. 119.] Said commis- 
 sioners shall keep a record, showing a detailed statement of the condition 
 of the state permanent school, state normal school, and state university 
 funds under their control, amount of each fund, how invested, when due, 
 interest paid, and every other act in any manner connected with the 
 management and investment of said funds ; and the state superintendent 
 of public instruction shall biennially report all such investments to the 
 governor, to be laid before the legislature. 
 
 Office and Records. SEC. 261. [Laws 1879, Oh. 166, Sec. 120.J 
 All the records and record books of such board shall- be kept in the office 
 of the state superintendent of public instruction, but the same shall at all 
 times be open for the inspection of every member of such board and 
 other state officers, and any member or committee of the legislature or 
 either house thereof. 
 
 Orders to be Drawn. SEC. 262. [Laws 1879, Ch. 166, Sec. 121.] 
 In the investment of the state permanent school, state normal school, and 
 state university funds, the commissioners of these funds are hereby 
 authorized to draw their order on the state treasurer, payable out of the 
 fund invested, for the purchase-price of the bond, and an order payable 
 out of the annual fund for any accrued interest that may have accumu- 
 lated mi the bonds purchased ; which orders, previous to their delivery, 
 shall be registered by the state treasurer in a book provided for that pur- 
 pose. 
 
 Custodian. SEC. 263. [Laws 1879, Ch. 166, Sec. 122.] All moneys 
 belonging to the state permanent school, state normal school, and state 
 university funds, shall be paid to and held by the state treasurer, and be 
 subject to the order of the board of commissioners. The state treasurer 
 shall also be the custodian of all bonds, notes, mortgages, and evidences 
 of debt arising out of the management and investment of the state school, 
 state normal school, and state university funds, by said board of com- 
 missioners. 
 
 Collection of Moneys. SEC. 264. [Laws 1879, Ch. 166, Sec. 123.] 
 It shall be the duty of said board of commissioners from time to time, 
 and as soon as may be practicable, to collect all moneys due and owing 
 to the state school, state normal school, and state university funds, and 
 make investments of the same as hereinbefore required. If any such 
 moneys shall remain unpaid for thirty days after the same become due 
 and payable, the commissioners shall order the attorney general to pro- 
 
80 SCHOOL LAWS OF KANSAS. 
 
 ceed to collect the same by civil action to be brought and prosecuted in 
 the name of the state. 
 
 Compensation. SEC. 265. [Laws 1876, Ch. 122, Art. 15, Sec. 6.] 
 Said board of commissioners shall receive such pay for their services as 
 may be prescribed by law. 
 
 Unclaimed Estates. SEC. 266. [Laws 1876, Ch. 122, Art. 15, 
 Sec. 8.] In all cases where persons die without heirs and intestate, it 
 shall be lawful for the superintendent of public instruction of the county 
 where any land lies, belonging to the estate of such person dying without 
 heirs and will, after a lapse of three years from the date of letters of ad- 
 ministration upon such estate, to file a petition in the probate court of 
 the county granting such letters, setting forth in said petition 
 
 First: That such deceased person died without heirs, and intestate. 
 
 Second: That three years have elapsed since the date of the letters of 
 .administration. 
 
 Third: A description of the real estate. 
 
 Fourth : That no debts remain unpaid of this estate, not barred by the 
 statute of limitation. Such petition shall be verified by the affidavit of 
 the county superintendent of public instruction, or by some person who 
 has knowledge of the fact. 
 
 Sale of Real Estate. SEC. 267. [Laws 1876, Ch. 122, Art. 15, 
 'Sec. 8.] It shall be the duty of the probate court, on the filing of the pe- 
 tition mentioned in the preceding section, and being satisfied that the facts 
 stated in said petition are true, to issue an order to the administrator to 
 sell the real estate described in such petition, in the same manner as real 
 estate is sold by administrators for the payment of debts due from de- 
 ceased persons ; and the same proceedings shall be had in confirming the 
 sale and the execution of the deed by the administrator, as are provided by 
 law for the sale of real estate for the payment of the debts of any deceased 
 person. 
 
 Proceeds of Sale. SEC. 268. [Laws 1876, Ch. 122, Art. 15, Sec. 
 10.] It shall be the duty of the administrator, after the payment of the 
 costs of said petition, and making said sale, and six per cent, commission 
 to such administrator, to pay the county treasurer of the county where 
 the land is situate the remainder of the purchase-money for the benefit 
 of the common schools of the state, and shall take duplicate receipts there- 
 for; and it shall be his duty to file one of such duplicates with the pro- 
 bate court of the proper county. If, at any time within twenty-one 
 years after the date of payment of said money to the county treasurer, 
 any person shall appear and claim said money as the rightful heir to said 
 estate, and shall shall prove heirship satisfactorily to the probate court, 
 
SCHOOL LAWS OF KANSAS. 81 
 
 the judge of said court shall so certify, and the state treasurer shall pay 
 over to such claimant the sum so received from the county treasurer from 
 ;such estate. 
 
 Consolidation of Bonds, SEC. 269. [Laws 1876, Ch. 122, Art. 
 15, Sec. 11.] It is hereby made the duty of the school-fund commis- 
 sioners to consolidate all state bonds now belonging to or hereafter coming 
 into possession of the permanent school fund, in the following manner, to 
 wit : All bonds falling due on the same date and bearing the same rate 
 of interest shall be consolidated into one bond, of equal amount to the 
 bonds so consolidated, and coupons of interest shall be attached thereto, of 
 equal amount to the consolidated coupons, and payable in the same manner 
 as the coupons of the bonds so consolidated ; such consolidated bonds shall 
 be made out by the auditor of state, signed by the governor, and attested 
 by the secretary of state, and shall be made payable to the permanent school 
 fund of the state of Kansas, and shall have imprinted on their face the 
 words, " Not transferable." All bonds presented by the school-fund com- 
 missioners shall, in their presence, be canceled and destroyed by the au- 
 ditor of state, after a consolidated bond shall have been issued for the same. 
 
 Registry of Bonds. SEC. 270. [Laws 1876, Ch. 122, Art. 15, Sec. 
 12. ] All consolidated bonds shall be registered by the auditor as other 
 state bonds now are registered. 
 
 Registration. SEC. 271. [Laws 1877, Ch. 172, Sec. 1.] Immedi- 
 ately after the passage of this act, it shall be the duty of the auditor of 
 .state to prepare a register of all bonds belonging to the permanent school 
 fund. 
 
 Bonds to be Registered SEC. 272. [Laws 1877, Ch. 172, Sec. 2.] 
 That it shall hereafter be the duty of the commissioners of the perma- 
 nent school fund to present to the auditor of state all bonds which may 
 hereafter be purchased by them prior to the deposit of the same with the 
 :state treasurer, and it shall be the duty of the auditor to register all bonds 
 -so presented. 
 
 Indorsement of Bonds. SEC. 273. [Laws 1877, Ch. 172, Sec. 3.] 
 That it shall be the duty of the auditor of state to indorse upon all bonds 
 and coupons now belonging to the permanent school fund and deposited 
 with the state treasurer, or which may hereafter be purchased by the com- 
 missioners of the permanent school fund, prior to the deposit of the same 
 with the state treasurer, the following : " The property of and payable to 
 the permanent school fund of the state of Kansas, and not negotiable or 
 transferable," with his name thereto ; and thereafter the said bonds shall 
 not be transferable. 
 
 Treasurer's Statement SEC. 274. [Laws 1877, Ch. 172, Sec. 4.] 
 
 6 
 
82 SCHOOL LAWS OF KANSAS. 
 
 That it shall be the duty of the state treasurer, immediately after collect- 
 ing any interest on such bonds or the principal of the same, to file with 
 the auditor a detailed statement or statements of the amount or amounts 
 so collected, stating the name of the county, the number of the district, 
 the number of the coupons or bonds paid by such district, and the amount 
 paid ; and the said treasurer shall cancel on the register in his office all 
 coupons and bonds so paid. 
 
 Cancellation of Bonds and Coupons. SEC. 275. [Laws 1877, 
 Ch. 172, Sec. 5.] That immediately after the filing of such statement or 
 statements by the treasurer, the auditor shall cancel such coupons or bonds 
 as are designated in said statement or statements upon the register in his 
 office, and charge the treasurer with the amounts. 
 
 Bonds to be Compared. SEC. 276. [Laws 1877, Ch. 172, Sec. 6.] 
 That it shall be the duty of the auditor of state, on the first Monday in 
 August of each year, to compare the register kept by him with the bonds 
 in the treasurer's office, and shall at the time of comparing such register 
 require the treasurer to produce all coupons and bonds remaining unpaid, 
 which shall be compared with the register. 
 
 Penalty. SEC. 277. [Laws 1877, Ch. 72, Sec. 7.] That any state 
 treasurer who shall fail or refuse to comply with the provisions of section 
 three and section five of this act shall be deemed guilty of having con- 
 verted the same to his own use, and shall upon conviction be subject to 
 all the penalties provided for in section fifty-six of chapter one hundred 
 and two, general statutes of the state of Kansas. 
 
 Time Extended. SEC. 278. [Laws 1879, Ch. 160, Sec. 1.] The 
 board of commissioners for the management of the state permanent school 
 funds shall have the power, and it is hereby made the duty of said board, 
 to exchange any school-district bonds belonging to the permanent school 
 funds now in the state treasury for other bonds of the same district bear- 
 ing a lower rate of interest and running a longer time than the bonds 
 exchanged : Provided, That they shall not purchase any funding bonds 
 running a less time than five years: And provided further, That the rate 
 of interest on bonds running from five to fifteen years shall be seven per 
 cent, per annum, and on bonds running longer than fifteen years the rate 
 of interest shall be six per cent, per annum. 
 
 Payment before Maturity. SEC. 279. [Laws 1879, Ch. 160, Sec. 
 2.] If at any time any board of education or school district shall have 
 accumulated in the treasury sinking fund sufficient to pay in full any 
 bond or bonds issued by such board or district before their maturity, the 
 permanent school fund being the holders thereof, such board of education 
 or school district may pay the same to the state treasurer and take up such 
 
SCHOOL LAWS OF KANSAS. 83 
 
 bond or bonds ; and the state treasurer is hereby authorized to receive the 
 same and to cancel such bond or bonds, and the unmatured coupons at- 
 tached thereto, and deliver the same so canceled to the officer paying the 
 amount : Provided* That the state treasurer, before delivering said bond 
 or bonds, shall present the same to the auditor of state, together with a 
 statement showing the amount of coupons upon which no moneys have 
 been received ; and upon examining such statement, and comparing it with 
 the coupons attached to such bond or bonds, the auditor shall credit the 
 treasurer with the amounts shown to be canceled before maturity: Pro- 
 vided, That nothing in this section shall be construed to apply to bonds ex- 
 changed under the provisions of section one of this act. 
 
 Manner of Exchange. SEC. 280. [Laws 1879, Ch. 160, Sec. 3.] 
 The said board of commissioners, after having examined and accepted any 
 funding bonds as contemplated in section one of this act, shall make a 
 certificate in duplicate, directed to the state treasurer, stating that they 
 have examined and accepted the funding bonds of school district number 
 
 , of the county of , or board of education of the city of , for 
 
 the sum of dollars, in lieu of bonds numbered , for like amount 
 
 issued by said district or board of education, now in the state treasury, 
 and belonging to the fund, and that the treasurer of state is author- 
 ized to cancel and return the bonds so funded, together with the coupons 
 attached thereto, and not matured, to the proper officer of the county, city 
 or school district, which said certificate shall be signed by a majority of 
 said commissioners, one of which shall be filed with the auditor of state 
 and the other delivered to the state treasurer. 
 
 Records of Exchange. SEC. 281. [Laws 1879, Ch. 160, Sec. 4.] 
 Upon receiving the certificate as provided for in section three of this act, 
 the state treasurer shall cancel the bonds described in said certificate, and 
 shall write the word "Exchanged" and the date of such exchange upon 
 said bonds, and shall make the same entry upon the register of said bonds 
 in his office, and return such bonds so canceled to the proper officer, to- 
 gether with the coupons unmatured and attached to such bonds. The 
 state treasurer shall, at the time of canceling such bonds, make a certificate 
 directed to the auditor of state, stating the number and amount of each 
 bond so exchanged and canceled, together with the number and amount 
 of unmatured coupons attached to each bond. Upon receipt of such cer- 
 tificate the auditor of state shall compare the same with the certificate 
 filed by the board of commissioners, and if found to be correct, shall can- 
 cel such bonds and coupons on the register in his office, and shall credit 
 the treasurer with the amount of such bonds and coupons. 
 
 Funding Bonds to be Stamped. SEC. 282. [Laws 1879, Ch. 
 
84 
 
 SCHOOL LAWS OF KANSAS. 
 
 160, Sec. 5.] All bonds accepted as funding bonds^y the board of com- 
 missioners shall be stamped by the auditor and deposited with the state 
 treasurer, and the auditor shall charge the treasurer with the amount in 
 the same manner as though such bonds had been purchased for cash. 
 
 AETICLE XVI. STATE ANNUAL SCHOOL FUND. 
 
 283. State annual schooljfund^shall consist of 
 what. 
 
 284. State treasurer shall hold annual school 
 
 fund subject to order of state superintend- 
 ent. 
 
 285. Treasurer shall report to superintendent the 
 
 amount of annual school fund in treasury. 
 
 286. Treasurer shall report on the 15th day of 
 
 February and August of each year, the 
 amount of annual school fund in the 
 treasury. 
 
 1 287. Treasurer shall pay county treasurer on or- 
 der of state superintendent. 
 
 288. State treasurer shall give bonds. 
 
 289. County treasurer shall apply to state treas- 
 
 urer for school moneys apportioned to 
 county. 
 
 290. County treasurer, upon proper application, 
 
 shall pay over to district treasurer moneys. 
 
 291. Each insurance company doing business in 
 
 the state shall annually pay fifty dollars 
 into the state annual school fund.i 
 
 Shall Consist of What SECTION 283. [Laws 1876, Ch. 122, 
 Art. 16, Sec. 1.] For the purpose of affording the advantages of a free 
 education to the children of the state, the state annual school fund shall 
 consist of the annual income derived from the interest and rents of the 
 perpetual school fund, as provided in the constitution of the state, and 
 such sum* as will be produced by the annual tax and assessment of one 
 mill upon the dollar valuation of the taxable property of the state, and 
 there is hereby levied and assessed annually the said one mill upon the 
 dollar for the support of common schools in the state ; and the amount so 
 levied and assessed shall be collected in the same manner as other state 
 taxes. 
 
 State Treasurer. SEC. 284. [Laws 1876, Ch. 122, Art. 16, Sec. 
 2.] The state treasurer shall receive all the annual income of the state 
 appropriated for the annual support of schools, whether derived from the 
 interest of moneys loaned, rents of school lands, or annual tax, and hold 
 the same subject to the order of the state superintendent of public instruc- 
 tion. 
 
 Report, SEC. 285. [Laws 1876, Ch. 122, Art. 16, Sec. 3.] He 
 shall keep in a separate book an account of all school moneys received 
 by him, distinguishing between the perpetual fund and the annual fund 
 for disbursement, and shall report to the state superintendent on the first 
 day of February and first day of August of each year the amount of 
 money in his hands belonging to the permanent school fund and subject 
 to investments, and on the first day of March and on the twenty-fifth day 
 of July of each year the state treasurer shall report to the superintendent 
 
 : One-mill tax repealed in 1879. 
 
SCHOOL LAWS OF KANSAS. 85 
 
 of public instruction the amount of money in the treasury belonging to 
 the annual school fund and subject to disbursement on the semi-annual 
 dividend. 
 
 Report. SEC. 286. [Laws 1879, Ch. 166, Sec. 55.] . . . The 
 state treasurer shall also, on the fifteenth day of February and August 
 of each year, report to the state superintendent of public instruction the 
 amount of money in the treasury belonging to the annual school fund and 
 subject to disbursement on the semi-annual dividends. 
 
 Payment. SEC. 287. [Laws 1876, Ch. 122, Art, 16, Sec. 4.] He 
 shall pay over to the treasurer of each county, on application, the amount 
 of school money due to said county, on order of the state superintendent 
 of public instruction. 
 
 Bond. SEC. 288. [Laws 1876, Ch. 122, Art. 16, Sec. 5.] The state 
 treasurer shall execute to the state of Kansas a bond in double the amount 
 of money, as near as can be ascertained, to come into his hands as treas- 
 urer of the school fund of the state, with sufficient sureties, to be ap- 
 proved by the governor and superintendent of public instruction, condi- 
 tioned that he will faithfully discharge his duties as treasurer of the 
 school funds of the state. Said bonds shall be filed in the office of the 
 secretary of state. 
 
 County Treasurer. SEC. 289. [Laws 1876, Ch. 122, Art. 16, Sec. 
 6.] The treasurer of each county shall apply for and receive of the state 
 treasurer the school moneys apportioned to his county as soon as the same 
 shall become payable. 
 
 Pay to the District Treasurer. SEC. 290. [Laws 1876, Ch. 122, 
 Art. 16, Sec. 7.] Each county treasurer receiving such moneys shall, upon 
 proper application of the district treasurer of any district, pay over to the 
 said district treasurer the amount apportioned to the district by the 
 county superintendent. 
 
 Insurance Companies. SEC. 291. [Laws 1876, Ch. 122, Art, 16, 
 Sec. 8.] . . . Every insurance company doing business in this state 
 shall, in addition to the fees required by this act (chapter ninety-three 
 laws of eighteen hundred and seventy-one ), pay into the state treasury, 
 for the benefit of the annual school fund, the sum of fifty dollars each 
 year. 
 
86 SCHOOL LAWS OF KANSAS. 
 
 ARTICLE XVII COUNTY SCHOOL FUND. 
 
 292. County treasurer shall collect all moneys 
 due to the county school fund. 
 
 294. Justices shall report to county superintend- 
 
 ent proceeds of fines and estrays. 
 
 295. Moneys and property, to be delivered to 
 
 whom. 
 
 ; 296. No compensation. 
 
 297. Penalty if county treasurer fails to pay over 
 
 293. County clerk shall report amount of county ^ Undaimed m ghall be id b admin . 
 
 school fund to county superintendent. 
 
 istrator into county school fund, when. 
 299. Fines and penalties paid into common-schoo 
 fund. 
 
 County Treasurer. SECTION 292. [Laws 1876, Ch. 122, Art. 17, 
 Sec. 1.] The county treasurer shall collect all moneys due the county 
 for school purposes, from fines, forfeitures, or proceeds from the sale of 
 estrays, and all moneys paid by persons as equivalent for exemption from 
 military duty, and he shall, upon proper application of the district treas- 
 urer of any district in the county, pay over to the said district treasurer 
 the amount apportioned to the district by the county superintendent. 
 He shall also collect the delinquent taxes on real estate in any district, 
 in the same manner as county taxes are collected, whenever such delin- 
 quent tax list shall have been lawfully reported and returned to him, and 
 he shall pay the same over to the treasurer of the district to which such 
 delinquent taxes are due; and if any county treasurer shall refuse to de- 
 liver over to the order of the county superintendent any school money 
 in his possession, or shall use or permit to be used for any other purpose 
 than is specified in this act, any school money in his possession, he shall 
 on conviction thereof be adjudged guilty of a misdemeanor, and be pun- 
 ished by a fine not exceeding five hundred dollars, or by imprisonment 
 in the county jail not [exceeding] one year. 
 
 County Clerk. SEC. 293. [Laws 1876, Ch. 122, Art. 17, Sec. 2.] 
 The county clerk of each county shall, on the first Mondays of March 
 and July of each year, make out and transmit to the county superintend- 
 ent a true statement of any county school money then in the county 
 treasury. 
 
 Justice of the Peace. SEC. 294. [Laws 1876, Ch. 122, Art, 17, 
 Sec. 3.] Each justice of the peace shall report to the county superin- 
 tendent, on the first day of March and on the twenty-fifth day of July 
 of each year, the amount received from the proceeds of fines and estrays 
 during the six months preceding, and belonging to the school fund of the 
 county; and each justice of the peace, at the time of making his report 
 to the county superintendent, shall promptly pay all of said proceeds to 
 the county treasurer, to be disbursed by the county superintendent at the 
 next ensuing semi-annual dividend. 
 
 Moneys and Property. SEC. 295. [Laws 1876, Ch. 122, Art, 
 
SCHOOL LAWS OF KANSAS. 87 
 
 17, Sec. 4.] All persons having school moneys or other school property 
 in their possession, by virtue of any act heretofore passed, are hereby re- 
 quired to pay over and deliver the same to the proper officers provided 
 for by this act. 
 
 Compensation. SEC. 296. [Laws 1876, Ch. 122, Art. 17, Sec. 5.] 
 Xo county treasurer shall receive any compensation for disbursing or re- 
 ceiving either county or state school moneys. 
 
 Fine. SEC. 297. [Laws 1876, Ch. 122, Art. 17, Sec. 6.] Any 
 county treasurer who shall neglect or fail to pay over any school money 
 in the treasury, on application, shall be subject to a fine of not less than 
 five hundred dollars for every such neglect or failure. 
 
 Unclaimed Moneys. SEC. 298. [Laws 1876, Ch. 122, Art. 15, 
 Sec. 7.] If any sum of money directed by an order of the court to be 
 distributed to heirs, next of kin or legatees, shall remain for the space 
 of one year unclaimed, the executor or administrator shall pay over the 
 same to the treasurer of the county for the benefit of common schools of 
 the county. 
 
 Common School Fund. SEC. 299. [General Statutes, Ch. 82, Sec. 
 332.] All fines and penalties imposed, and all forfeitures incurred, in 
 any county, shall be paid into the treasury thereof, to be applied to the 
 support of common schools. 
 
 AKTICLE XV1IL COMPULSORY ATTENDANCE AT SCHOOL. 
 
 300. Number of weeks children are required to j g 392. Duty of school officers; penalty for neg- 
 attend school. lect. 
 
 301. Penalty for failure to comply with the pro- 
 visions of this act. 
 
 Malicious prosecution. 
 
 Children Shall Attend School. SECTION 300. [Laws 1874, Ch. 
 123, Sec. 1.] That every parent, guardian or other person, in the state 
 of Kansas, having control of any child or children between the ages of 
 eight and fourteen years, shall be required to send such child or children 
 to a public school or private school, taught by a competent instructor, 
 for a period of at least twelve weeks in each year, six weeks of which 
 time shall be consecutive, unless such child or children are excused from 
 such attendance by the board of the school district, or the board of edu- 
 cation of the city in which such parent, guardian or person having con- 
 trol resides, upon its being shown to their satisfaction that such parent 
 or guardian was not able by reason of poverty to clothe such child prop- 
 erly ; or that such child's bodily or mental condition has been such as to 
 prevent his attendance at school or application to study for the period 
 required; or that such child or children are taught at home in such 
 
88 SCHOOL LAWS OF KANSAS. 
 
 branches as are usually taught iu the public schools, subject to the same 
 examination as other pupils of the district or city in which the child re- 
 sides ; or that he has already acquired the ordinary branches required by 
 law ; or that there is no school taught within two miles by the nearest 
 traveled road. 
 
 Penalty for Violation of this Act. SEC. 301. [Laws 1874, 
 Ch. 122, Sec. 2.] Any parent, guardian or other person, failing to com- 
 ply with the provisions of this act, shall upon conviction be deemed 
 guilty of a misdemeanor, and fined in a sum not less than five nor more- 
 ten dollars for the first offense, nor less than ten nor more than twenty 
 for the second and every subsequent offense. Said action shall be prose- 
 cuted in the name of the state of Kansas before any court of competent 
 jurisdiction ; and all fines so collected shall be paid into the county treas- 
 ury for the support of common schools. 
 
 Duty of School Officers ; Penalty. SEC. 302. [Laws 1874, Ch. 
 122, Sec. 3.] It shall be the duty of any school director or president 
 of the board of education to inquire into all cases of neglect of the duty 
 prescribed in this act, and ascertain from the person neglecting the rea- 
 son, if any, therefor, and shall forthwith proceed to secure the prosecution 
 of any offense occurring under this act; and any director or president 
 neglecting to secure such prosecution for such offense within ten days 
 after a written notice has been served on him by any tax-payer in said 
 district or city, unless the person so complained of shall be excused by 
 the district or city board of education for reasons hereinbefore stated,, 
 shall be deemed guilty of a misdemeanor, and liable to a fine of not less 
 than twenty nor more than fifty dollars, which fine shall be prosecuted 
 for and in the name of the state of Kansas ; and such fine, when col- 
 lected, shall be paid into the county treasury as in section 2 of this act. 
 
 Malicious Prosecution. SEC. 303. [Laws 1876, Ch. 122, Sec. 4.] 
 That upon the trial of any offense, as charged herein, if upon such trial 
 it shall be determined that such prosecution was malicious, then the costs 
 in such case shall be adjudged against the complainant, and collected as 
 fines in other cases. 
 
 AETICLE XIX. UNORGANIZED COUNTIES. 
 
 304. Unorganized counties, where attached. 
 
 305. Deputy superintendent and his duties. 
 
 306. Penalty for failure to report. 
 
 307. Entitled to school funds. 
 
 2 308. Apportionment of school funds. 
 
 309. Governed by general school laws. 
 
 310. General provisions. 
 
 Unorganized Counties, SEC. 304. [Laws 1879, Ch. 159, Sec. 1.] 
 All unorganized counties in the State of Kansas, by law attached to or- 
 
SCHOOL LAWS OF KANSAS. 89 1 
 
 % 
 
 ganized counties for judicial purposes, are and hereafter shall be attached 
 to the same counties respectively for school purposes. 
 
 Deputy Superintendent SEC. 305. [Laws 1879, Ch. 159, Sec. 2.] 
 The superintendent of public instruction in each organized county to 
 which, by virtue of this act, any unorganized county is or may be at- 
 tached for school purposes, shall appoint a deputy in such unorganized 
 county, who shall attend to the organization of school districts in said 
 unorganized county, subject to the approval of the superintendent of 
 public instruction in said organized county. The deputy superintendent 
 of public instruction in said unorganized county shall, within ten days 
 after the time fixed by law for the report of the district officers in each 
 year, make out and transmit in writing to the county superintendent of 
 public instruction in said organized county a report containing a state- 
 ment of the number of school districts, or parts of districts, in the unor- 
 ganized county, and the number of children and their sex, resident in 
 each, over the age of five and under the age of twenty-one years ; a state- 
 ment of the number of district schools in the county, the length of time 
 a school has been taught in each, the number of scholars attending the 
 same, their sex, the branches taught and the text-books used, the number 
 of teachers employed in the same and their sex ; a statement of the num- 
 ber of private or select schools in the county, so far as the same can be 
 ascertained, and the number of teachers employed in the same, their sex,. 
 and the branches taught ; a statement of the amount of public money 
 received in each district, or parts of districts ; a statement of the amount 
 of money raised in each district, and paid for teachers' wages, in addition 
 to the public money paid therefor, for building, hiring, purchasing, re- 
 pairing or furnishing such school house, or for any other purpose allowed 
 by law, in the districts, or parts of districts ; and such information as the 
 state superintendent of public instruction may require. 
 
 Deputy's Report. SEC. 306. [Laws 1879, Ch. 159, Sec. 3.] Every 
 deputy superintendent who shall neglect or refuse to make and deliver 
 to the county superintendent of public instruction his annual report, a& 
 required by this act, within the time limited therefor, shall be liable to- 
 pay to the school districts in said unorganized counties the full amount 
 of money lost to the said school districts by such neglect or refusal, with 
 the interest thereon, to be recovered by the treasurer of said school dis- 
 trict in the name of said districts. 
 
 Control of County. SEC. 307. [Laws 1879, Ch. 159, Sec. 4. [The 
 schools thus organized in said unorganized counties shall be under the 
 control of the superintendent of public instruction in the said organized 
 county, and the said superintendent of public instruction shall report to 
 
90 SCHOOL LAWS OF KANSAS. 
 
 / 
 
 the state superintendent of public instruction the items- reported by the 
 deputy or deputies in said unorganized counties, and the state superin- 
 tendent of public instruction shall apportion the state fund due the school 
 districts in said unorganized counties to the county treasurer of the 
 organized county to which said unorganized county is attached for school 
 purposes, to be by him apportioned to the several school-district treas- 
 urers in such unorganized county or counties attached. 
 
 Apportionment. SEC. 308. [Laws 1879, Ch. 159, Sec. 5.] The 
 county superintendent of public instruction in such organized county 
 shall draw on the county treasurer in his county for the amount due said 
 school districts in such unorganized counties. 
 
 General Provisions. SEC. 309. [Laws 1879, Ch. 159, Sec. 6.] 
 The inhabitants of school districts in such unorganized counties shall 
 hold their annual school meetings at the time prescribed by the general 
 school law, and may hold special meetings as therein provided, and the 
 qualified voters at such annual or special meeting shall have the same 
 powers as are given by law to qualified voters at similar meetings of 
 school districts in organized counties, and the duties and powers of 
 school-district officers shall be the same in unorganized counties as are 
 prescribed to be the duties of school-district officers by the school laws : 
 Provided, That the provisions of article thirteen in the school law, being 
 chapter one hundred and twenty-two, laws of 1876, and all acts amenda- 
 tory thereto in relation to the issuance of school-district bonds, shall not 
 be applicable to any school district in any unorganized county, nor shall 
 the qualified voters or officers of any school district in any unorganized 
 county have the right to levy tax or make any bonded debt. 
 
 *SEC. 310. [Laws 1885, Ch. 177, Sec. 1.] Section six is hereby 
 amended to read as follows ; Sec. 6. The inhabitants of school districts 
 in such unorganized counties shall hold their annual school meetings at 
 the time prescribed by the general school law, and may hold special 
 meetings as therein provided, and the qualified voters at such annual 
 or special meetings shall have the same powers as are given by law to 
 qualified voters at similar meetings of school districts in organized coun- 
 ties ; and the duties and powers of school-district officers shall be the same 
 in unorganized counties as are prescribed to be the duties of school-dis- 
 trict officers by the school laws : Provided, That the provisions of article 
 13 in the school law, being chapter 122, laws of 1876, and all acts amen- 
 datory thereto, relating to the issuance of school-district bonds, shall not 
 be applicable to any school district in any unorganized county, but the 
 
 * NOTE. The Attorney General holds that this section is unconstitutional, for the reason that it 
 purports to amend a particular section of some law not specified. 
 
SCHOOL LAWS OF KANSAS. 91 
 
 qualified voters and officers of any school district in any unorganized 
 county shall have the right to levy a tax for school purposes, the same 
 as provided by the general school laws for schools in organized counties. 
 
 AETICLE XX PROVIDING FOR A FOUR-MONTHS SCHOOL, WHEN. 
 
 311. Four months' school required, if school 
 
 house be good. 
 312. Levy of tax for same ; manner of. 
 
 313. Failure of school board to hire teacher. 
 
 314. Examination in physiology and hygiene. 
 
 315. Third-grade certificates. 
 
 SECTION 311. [Laws 1881, Ch. 150, Sec. 1.] That in all school dis- 
 tricts in this state in which there is a good and sufficient school building, 
 a school shall be maintained for a period of not less than four months, 
 between the first day of October and the first day of June in each school 
 year. 
 
 SEC. 312. [Laws 1881, Ch. 150, Sec. 2.] Should the legal voters of 
 any school district, at their annual school meeting, or special meeting 
 called for that purpose, or the school-district board, neglect, refuse or fail 
 to provide a sufficient levy of tax upon the taxable property of such dis- 
 trict to maintain a public free school for a period of not less than four 
 months in each school year, the county superintendent of such county 
 .shall, in conjunction with the county commissioners, immediately make 
 an estimate of the amount necessary to support and maintain a public 
 free school in such district for a period of not less than four m'onths for 
 the then ensuing school year, and certify the same to the county clerk of 
 such county; and it is hereby made the duty of such county clerk to 
 place the said levy upon the tax roll of said county for that year, and 
 such tax shall be collected at the same time and in like manner as other 
 taxes are collected. 
 
 SEC. 313. [Laws 1881, Ch. 150, Sec. 3.] The county superintendent 
 shall, upon the failure or refusal of the board of directors of any school 
 district to provide and maintain such school as is provided by this act, 
 on or before the first day of December of the current school year, hire a 
 teacher or teachers for such school district, and provide the necessary fuel 
 and appendages for the maintenance of such school or schools for at least 
 four months during the current school year; and upon the close of such 
 school and after the teacher of said school has made such reports of the 
 same as provided by law, he shall certify to the treasurer of such district 
 the amount due such teacher for his services, and also the amount due, 
 and the party or parties to whom due, for fuel and other necessary ex- 
 penses incurred in the support and maintenance of such school ; and it is 
 hereby made the duty of the treasurer of such district to pay, upon the 
 order of such county superintendent, the amount or amounts found due 
 
92 SCHOOL LAWS OF KANSAS. 
 
 by said county superintendent, and the filing of a sworn itemized state- 
 ment of the several amounts so found due by such person or persons : 
 Provided, That any qualified voter of such district is hereby authorized 
 to bring suit against such county superintendent, in the name of and in 
 behalf of the district, for failure to comply with the provisions of this 
 act ; and all fines collected under the provisions of this act shall be paid 
 into the county treasury for the use and benefit of the county school fund 
 of such county : Provided further, That the provisions of this act shall 
 not apply to those school districts which will be required to levy more 
 than one per cent, to support and maintain such school a's is provided 
 for by this act. 
 
 Examination in Physiology and Hygiene. SEC. 314. [Laws 
 1885, Ch. 169, Sec. 1.] No certificate shall be granted to any person to 
 teach in any of the public schools of this state after the first day of Jan- 
 uary, 1886, who has not passed a satisfactory examination in elementary 
 physiology and hygiene, with special reference to the effects of alcohol, 
 stimulants and narcotics upon the human system; and provision shall 
 be made by the proper officers, committees, and boards, for instructing all 
 pupils in each public school supported by public money and under state 
 control, upon the aforesaid topics. 
 
 Third-Grade Certificates. SEC. 31 5. [Laws 1 885, Ch. 170, Sec. 1.] 
 * That section 6 of an act entitled "An act to amend section 6 of article 
 6 of chapter 122 of the session laws of 1876," be and the same is hereby 
 amended so as to read : Third-grade certificates may be issued to persons 
 not less than sixteen years of age, who are proficient in orthography, 
 reading, writing, English grammar, geography, arithmetic, and United 
 States history : Provided, In no case shall a third-grade certificate be given 
 a third time to the same person : Provided further, First, that persons 
 who receive a first-grade certificate shall make a general average of not 
 less than ninety per cent., and in no case shall a person receive a certifi- 
 cate of first grade who does not make at least seventy per cent, in any 
 one branch ; second, persons who receive a second-grade certificate shall 
 make a general average of not less than eighty per cent., and in no case 
 shall a person receive a certificate of second grade who makes less than 
 sixty per cent, in any one branch ; third, persons who receive a third- 
 grade certificate shall make a general average of not less than seventy 
 per cent., and in no case shall any person receive a third-grade certificate 
 who makes less than sixty per cent, in any one branch. 
 
 * REMARKS. This law is null and void, for two reasons, viz.: First, it contains no clause repealing 
 the section it is intended to amend. Second, chapter 151, Laws of 1881, (of which the section this act is 
 intended to amend is a part,) is wholly repealed by an act entitled "An act relating to county boards of 
 examiners," approved March 7th, 1885. 
 
SCHOOL LAWS OF KANSAS. 93 
 
 Credits on Contracts of Sale of Fractional Subdivisions, 
 
 SEC. 316. [Laws 1885, Ch. 183, Sec. 1.] That in all cases where state 
 school lands have by mistake been sold as and for full legal subdivisions 
 of one hundred and sixty acres or less, when in fact the lands so sold 
 were fractional subdivisions of and less than the full legal subdivisions 
 for which it was sold, and the purchase-money or a part thereof is unpaid, 
 the county treasurer of the county in which such lands are situate, in 
 making final settlement with the purchaser of such lands, or with his or 
 her assignee, or legal or personal representative, is hereby authorized to 
 credit such purchaser or his or her assignee or legal or personal represent- 
 ative, upon such contract of purchase, with an amount equal to the pro 
 rota value of the difference in acres between the number of acres actually 
 contained in the fractional subdivision sold and the number of acres it 
 was supposed to contain, and for which it was sold; and such county 
 treasurer shall state the amount of such credit in his report to the auditor 
 and state treasurer ; and the auditor of state is hereby directed to credit 
 the same to the county treasurer of said county. 
 
INDEX. 
 
 ACT OF ADJi|ISSION 
 
 Educational provisions of the organic act 
 
 Educational provisions of the State Constitution 3 
 
 Educational provisions of the act of admission 5 
 
 APPEALS 
 
 In the alteration of joint school district, appeal may be made to State Superintendent, how 17 
 
 From decision of the County Superintendent on the formation of a school district to the Board 
 
 of County Commissioners 18 
 
 Notice shall be served, when and how 18 
 
 Trial of the appeal 18 
 
 Suspended pupils may appeal to whom 28 
 
 From Probate to District Court in sales of school lands 67 
 
 APPOINTMENTS 
 
 To fill vacancy in the office of County Superintendent 13 
 
 Of district officer to fill vacancy 13, 23 
 
 Of appraisers of school lands 66 
 
 APPORTIONMENT OF PUBLIC SCHOOL MONEYS 
 
 When and how made to counties 7 
 
 When and how made to school districts and union districts 11, 40 
 
 When and how made to cities 40 
 
 APPRAISERS OF SCHOOL LANDS 
 
 How appointed 66 
 
 Shall be sworn 66 
 
 Shall appraise each legal subdivision of school land separately, at its real value 67 
 
 Shall appraise improvements (if any) on each subdivision of land separately 67 
 
 Shall file appraisement with County Clerk '67 
 
 May, in conjunction with county superintendent, subdivide timber land into suitable lots 68 
 
 Shall not, directly or indirectly, purchase school lands appraised by them I'l 
 
 Shall receive for their services two dollars per day 73 
 
 ATTENDANCE AT SCHOOL 
 
 Compulsory 87 
 
 ATTORNEY GENERAL 
 
 Shall serve as member of Board of Commissioners of Permanent School Fund 5 
 
 Shall examine and give opinion on statement of facts submitted by State Superintendent of 
 
 Public Instruction 8 
 
 Shall prepare form of certificate for sale of school lands 69 
 
 Shall bring action against county clerks who fail to report to Auditor of State 76 
 
 Shall bring action to collect unpaid moneys belonging to permanent school fund 79 
 
 AUDITOR OF STATE 
 
 Shall debit and credit County Treasurers for sales of school lands, how 69 
 
 Shall credit County Treasurer amount of County Superintendent's orders, how 74 
 
 Shall report annually regarding sales of school lands 74 
 
 Shall report to Attorney General County Clerks who fail to report regarding school lands 7.4 
 
 Shall require County Attorney to prosecute County Treasurers who fail to pay school-land mon- 
 eys to State Treasurer 77 
 
 Shall make out consolidated bonds for permanent school fund 81 \ 
 
 Shall cancel and destroy the bonds presented for consolidation, how 81 
 
 BONDS, SCHOOL-DISTRICT 
 
 Purposes for which they may be issued 60 
 
 Execution of district bonds 62 
 
96 SCHOOL LAWS OF KANSAS. 
 
 :BONDS, SCHOOL-DISTRICT CONTINUED : 
 
 Bond election, how conducted 61 
 
 Board of County Commissioners to levy tax to pay interest and create sinking fund 62 
 
 Sinking fund, how applied, and investment of. 63 
 
 Destruction of bonds 63 
 
 Penalty for wrong use of bonds 63 
 
 Females may vote at bond election 61 
 
 Registry of district bonds 62 
 
 No district containing less than fifteen children can issue bonds 61 
 
 Funding bonds, issuance and disposal of. 64 
 
 Bonds belonging to State permanent school fund, to be payable at State treasury 64 
 
 Payment of bonds before maturity 67 
 
 County and City Treasurers shall remit to State Treasurer 64 
 
 Penalty for failure to remit 65 
 
 Bonded indebtedness to be reported to County Clerk by District Clerk 25 
 
 <CITIES OF FIRST CLASS 
 
 Public schools in 43-52 
 
 CITIES OF SECOND CLASS 
 
 Public schools in 53-60 
 
 CITIES OF THIRD CLASS 
 
 Public schools in 60 
 
 COMMISSIONERS, COUNTY 
 
 Shall audit bills for services of County Superintendent, and issue orders to pay the same 13 
 
 Shall appoint to fill vacancy in ofiice of County Superintendent 13 
 
 Shall hear appeals in reference to formation or alteration of school districts 18 
 
 Shall appoint two members of County Board of Examiners on nomination of County Superin- 
 tendent 36 
 
 Shall levy tax annually for interest and sinking fund of school-district bonds 62 
 
 Shall approve appointment of suitable appraisers of school lands 66 
 
 COMMISSIONERS OF STATE PERMANENT SCHOOL FUND 
 
 Board of, how constituted 5 
 
 Duties of. 77-84 
 
 CONSTABLES 
 
 Duty of, in reference to trespass on school lands 75 
 
 COUNTY ATTORNEY 
 
 Shall bring action for ejectment in case of forfeited school lands 71 
 
 Fees allowed for services relating to school lands 73 
 
 Shall prosecute trespassers on school land 75 
 
 COUNTY CLERK 
 
 Shall report to County Commissioners vacancy in office of County Superintendent 13 
 
 Duty in reference to school-district taxes for building and teachers' wages 31 
 
 Duty in reference to school-district library tax 41 
 
 Shall register school-district bonds on presentation 62 
 
 Shall furnish copy of register of school-district bonds to County Treasurer 62 
 
 Shall forward copy of register of bonds, with statement, to State Superintendent 62 
 
 Shall file and record appointment of appraisers and appraisements of school lands 67 
 
 Shall record payments for sales of school lands 69 
 
 Shall charge County Treasurer with payments on sales of school lands 69 
 
 Shall issue certificate to the purchaser of school lands, showing what 69 
 
 Shall transmit semi-annually, to the Auditor of State, abstract of school lands 69 
 
 Fees allowed for services in reference to school lands 73 
 
 Shall report regarding school lands semi-annually, to Auditor of State, on or before October 1st.. 76 
 
 Penalty for failure to report to Auditor of State 76 
 
 Duty in case of levy of tax made by County Superintendent and Commissioners 91 
 
 COUNTY SUPERINTENDENT 
 
 Constitutional provision concerning 3 
 
 Shall have charge of common-school interests of county 10 
 
 Shall take oath of ofiice and execute bond of one thousand dollars 9 
 
 Shall apportion State and county moneys to districts in county, when and how 11 
 
 Shall make semi-annual visits to each school in county 10 
 
 Shall note the condition of school houses in county 10 
 
 Shall make written report to school board 10 
 
INDEX. 97 
 
 COUNTY SUPERINTENDENT CONTINUED : 
 
 Shall correct deficiencies in government, classification, instruction 10 
 
 Shall encourage associations of teachers for mutual improvement 10 
 
 Shall attend associations 10 
 
 Shall examine accounts of School-District Treasurers, and records of clerks 10 
 
 Shall keep his office open at county seat Saturday of each week 10 
 
 Shall see that the District Clerks report correctly and in due time 14 
 
 Public examinations 36 
 
 Grades of certificates 37 
 
 First grade, to whom issued 37 
 
 Second grade, to whom issued 37 
 
 Certificates of force where revocation 37 
 
 Temporary certificate 38 
 
 Shall report annually to the State Superintendent, what and when 12 
 
 Penalty for failure to perform duty 15-16 
 
 Compensation of County Superintendents 13 
 
 May employ a deputy in case of sickness or temporary absence 15 
 
 Shall deliver all official books and papers to his successor 15 
 
 Shall furnish map to assessors 15 
 
 Vacancy in office of County Superintendent, how filled 13 
 
 May purchase one set of school-district records for each school district 14 
 
 Shall have power to administer oath 14 
 
 Duty in regard to formation or alteration of school districts 14 
 
 Shall report to County Clerk the boundary of each new school district, when 12 
 
 Number of children required for the formation of a new district 15 
 
 Shall appoint time and place for first district meeting 15 
 
 Duties in regard to formation or alteration of joint districts 16 
 
 When altering school districts, shall apportion school property, how 17 
 
 May call special meeting to transact the business of annual meeting, when 19 
 
 Shall appoint a suitable person when a district officer has forfeited his office 23 
 
 [NOTE. See foot-note in reference to vacancy caused by forfeiture of district office, page 24.] 
 
 Shall enforce the law when District Clerks fail to report district taxes to County Clerk 25 
 
 May, in conjunction with district board, dismiss teacher for cause 28 
 
 Shall hear appeal of pupil from decision of school board 28 
 
 Duties regarding the holding a normal institute annually 34 
 
 Shall give bond 35 
 
 Union institutes 35 
 
 Annual meeting of union or graded school districts 40 
 
 Shall serve as Chairman of County Board of Examiners 36 
 
 Shall keep register of teachers' certificates 10 
 
 Penalty for receiving bonus from publisher of school books 42 
 
 Shall appoint appraisers of school lands, when and how 66 
 
 May appear before Probate Court to controvert petition of settler upon school lands 67 
 
 May, in behalf of State, appeal from decision of Probate Court to District Court, how 67 
 
 May, in conjunction with appraisers, subdivide timber land into suitable lots 68 
 
 Terms of payment for other lands 68 
 
 Purchaser shall not commit waste 70 
 
 Governor shall issue patent to purchaser, when 70 
 
 In case failure to pay interest 70 
 
 Title to land forfeited 72 
 
 Forfeited lands may be reappraised, when 72 
 
 Privilege of school district to purchase site 73 
 
 Complaint of trespass 75 
 
 Purchasers may recover forfeited rights, when 76 
 
 Shall not purchase school lands 72 
 
 Shall issue orders for payment of fees relating to sales of school lands, how 73 
 
 Shall transmit to Auditor of State abstract of orders relating to sales of school lands, when 74 
 
 Duty of County Superintendent in reference to trespass upon school lands 75 
 
 Duty of County Superintendent in reference to estates of persons dying without heir and will... 80 
 Duty of, in case of neglect or refusal of any district to maintain public school four months each 
 
 year 91 
 
 Shall employ teacher for such school, when 91 
 
 Shall draw orders for pay of such teacher 91 
 
 Examination in physiology and hygiene 92 
 
 Third-grade certificates 92 
 
98 SCHOOL LAWS OF KANSAS. 
 
 COUNTY TREASURER 
 
 Shall pay for school-district records on order of County Superintendent 14 
 
 Shall pay school moneys to District Treasurers, when 26 
 
 Shall collect school-district taxes 31 
 
 Custodian of normal-institute fund 34 
 
 Pay order of County Superintendent drawn on normal-institute fund 35 
 
 Shall collect school-district library tax 41 
 
 Shall invest sinking funds in school bonds, when 63 
 
 Shall offer appraised school lands for sale, how 68 
 
 Shall pay semi-annually to State Treasurer moneys received 70 
 
 Penalty for failure to pay such moneys to State Treasurer 70 
 
 May sell school lands at private sale, when .' 72 
 
 Shall receive what fees for services relating to sales of school lands 73 
 
 Shall pay fees for services relating to school lands, on order of County Superintendent 73 
 
 Shall give duplicate receipts for annual payments made by purchaser of school lands 76 
 
 Shall apply to State Treasurer for school moneys apportioned to county, when 85 
 
 Shall, upon proper application, pay to District Treasurers school moneys apportioned by County 
 
 Superintendent 85 
 
 Shall collect all moneys due the county school fund 86 
 
 Shall pay the same to District Treasurer, upon proper application 86 
 
 Shall collect delinquent taxes on real estate in any district in county 86 
 
 Shall pay such taxes to the treasurers of the districts to which such taxes belong 86 
 
 Penalty for refusal to pay State and county school moneys, on order of County Superintendent... 86 
 
 Shall receive no compensation for receiving or disbursing county or State school moneys 87 
 
 Penalty for refusal to pay over any school moneys, on proper application 87 
 
 DISTRICT OFFICERS 
 DIRECTORS : 
 
 Shall preside at all district meetings 23 
 
 Shall sign all authorized orders drawn by Clerk on Treasurer 23 
 
 Shall appear in behalf of district in suits brought by or against district, when , 23 
 
 Shall sign district bonds and coupons issued during his term of office 62 
 
 Duty in reference to trespassers on school lands 75 
 
 CLERK : 
 
 Shall give notice of annual or special meeting of district, how and when 19 
 
 May call special meeting to transact business of annual meeting, how and when 19 
 
 Shall record the proceedings of his district 23 
 
 Shall keep and preserve all official records, books and papers 24 
 
 Shall be Clerk of District Board, and of all district meetings when present 24 
 
 Shall draw orders on District Treasurer for authorized purposes 24 
 
 Shall make written report to district at the annual meeting 24 
 
 Shall transmit to County Superintendent said report as adopted by district 24 
 
 Penalty for false report 25 
 
 Shall report to County Clerk a list of resident tax-payers, when 25 
 
 Shall annually report to County Clerk levy of district taxes, when 31 
 
 Penalty for failure to report district tax 25 
 
 Shall report to County Superintendent names and post-office address of officers elect, when... 25 
 
 Shall report commencement of each school term, when 25 
 
 Shall report indebtedness of district to County Clerk on or before July 5th of each year 26 
 
 Penalty for refusal to deliver official documents to his successor 26 
 
 Shall be Librarian, unless the Board shall appoint some other suitable person 41 
 
 Shall countersign school bonds and coupons issued by the district 62 
 
 Shall sign notices of district election for school bonds 61 
 
 Shall take notice of trespassers on school lands 75 
 
 TREASURER : 
 
 Shall execute a bond to the district 26 
 
 Such bond shall be justified by affidavits of principal and sureties 26 
 
 Shall pay out district moneys on order of Director and Clerk 26 
 
 Shall receive school moneys from County Treasurer, how 26 
 
 Shall enter in a book all moneys received and disbursed by him 27 
 
 Shall make written report at annual meeting, showing what 27 
 
 Shall, at close of term, settle with District Board 27 
 
 Shall deliver moneys and official records to his successor 27 
 
 Penalty for refusing to deliver official records and moneys to his successor 27 
 
 Shall prosecute his predecessor for failure to pay over money belonging to the district 27 
 
 Shall take notice of trespassers on school lands ~ 79 
 
IXDEX. 99 
 
 DISTRICT OFFICERS CONTINUED: 
 DISTRICT BOARD: 
 
 Shall consist of Director, Clerk, and Treasurer 23 
 
 Term of office 23 
 
 Official oath 23 
 
 Forfeiture of office 23 
 
 Shall carry into effect all lawful orders of the district 27 
 
 Shall have the care of school house and other district property 27 
 
 Shall have power to make regulations relating to district library 28 
 
 Shall have power to appoint a suitable person to take care of library and apparatus 27 
 
 Have power to admit scholars from adjoining districts 27 
 
 Shall contract with qualified teachers 28 
 
 May, in conjunction with County Superintendent, dismiss teacher for cause 28 
 
 Shall provide necessary appendages during school term 28 
 
 Shall submit account of appendages for allowance at any regular meeting 28 
 
 May suspend pupils for cause, subject to appeal to County Superintendent 28 
 
 Shall furnish teacher with daily register 28 
 
 Shall visit the district school at least once during school term 28 
 
 Shall require uniform series of text-books in each branch 29 
 
 Shall not act as agent for any publisher or bookseller 30 
 
 Shall not receive any gift for introducing any book, apparatus, or furniture 30 
 
 Shall cause clerk to report district levy on or before August 25, annually 31 
 
 Shall levy tax for payment of judgment against district 31 
 
 Shall be liable to judgment creditor, when 31 
 
 May remove school house, when 31 
 
 May open school house to the business meetings of societies in the district 32 
 
 May determine additional branches to be taught in school of district 32 
 
 Penalty for refusing admission to any children residing in the district 32 
 
 Shall not allow infected pupils to attend school 33 
 
 May assess a tuition fee, how and when 33 
 
 May issue bonds of district, how, and for what amount and purpose 61 
 
 May negotiate the bonds of the district 62 
 
 Shall order a district election for the bonds, when and how 61 
 
 Shall destroy canceled bonds, how 63 
 
 Penalty for wrong use of bonds of district 63 
 
 May issue funding bonds, when and how 64 
 
 Shall levy a tax to pay apportionment of school property, when 18 
 
 May transact business of annual meeting of district, when 21 
 
 COMPULSORY ATTENDANCE AT SCHOOL 
 
 Children shall attend school 87 
 
 Penalty for violating the act relating to compulsory attendance 88 
 
 Duties of school officers; penalty 88 
 
 Malicious prosecution 88 
 
 CREDITS ON CONTRACTS OF SALE OF FRACTIONAL SUBDIVISIONS OF SCHOOL LAND...93 
 
 DISTRICT MEETINGS 18 
 
 DISTRICT SCHOOLS 32 
 
 EXAMINERS, COUNTY BOARD OF 36 
 
 EXAMINATION IN PHYSIOLOGY AND HYGIENE 92 
 
 EXECUTORS OR ADMINISTRATORS 
 
 Shall pay into permanent school fund proceeds of estates of persons dying without heir and 
 
 will, when 80 
 
 Shall pay into county school fund money unclaimed by heirs, when 87 
 
 FINES AND PENALTIES 42 
 
 INSTITUTES, COUNTY NORMAL 34 
 
 JUSTICES OF THE PEACE 
 
 Shall have jurisdiction in school-district cases, when 42 
 
 Shall report to County Superintendent proceeds of fines and estrays, when 86 
 
 Shall pay said proceeds into county school fund, when 86 
 
 OFFICIAL OATHS 
 
 State Superintendent of Public Instruction 6 
 
 County Superintendent of Public Instruction 9 
 
 School-district officers ... 23 
 
100 SCHOOL LAWS OF KANSAS. 
 
 ORGANIC ACT Educational provisions of. 3 
 
 POWERS OF SCHOOL-DISTRICT MEETINGS 20, 41 
 
 PROVISIONS FOR A FOUR-MONTHS SCHOOL 91 
 
 PROBATE JUDGE 
 
 Shall appoint three disinterested freeholders to appraise and condemn school site, when 21 
 
 Shall appoint three disinterested persons to appraise and condemn one acre for site, when 32 
 
 Shall receive what fees for services relating to school lauds 73 
 
 Shall order sale of estate of person dying without heir and will, when 80 
 
 Shall keep on file one of administrator's duplicate receipts for moneys paid into permanent 
 
 school fund 80 
 
 Shall certify proof of heirship of person claiming recovery of said estate, when 80 
 
 QUALIFICATIONS OF DISTRICT VOTERS 20, 61 
 
 REPORTS 
 
 State Superintendent's Biennial Report 9 
 
 County Superintendent to State Superintendent, quarterly and annual 11 
 
 County Superintendent report boundaries of school district to County Clerk 12 
 
 Report of District Clerk to annual school meeting 24 
 
 Annual report of District Clerk to County Superintendent 24 
 
 Clerk of joint district to report to whom 25 
 
 District Clerk's report to County Clerk of persons liable to pay taxes 25 
 
 District Clerk's report to County Superintendent of commencement of school term, and district 
 
 officers elected 25 
 
 District Clerk's report to County Clerk of indebtedness of school district 25 
 
 District Treasurer's report to annual meeting 27 
 
 Reports of Clerk and Treasurer of graded-school district 40 
 
 Board of Education of city schools to make report 44, 57 
 
 County Clerk to report to State Superintendent when district bonds are issued 62 
 
 County Clerk to report sales of school lands to State Auditor 69, 76 
 
 County Superintendent to State Auditor 74 
 
 State Superintendent to the Legislature 79 
 
 State Treasurer to State Superintendent 85 
 
 County Clerk to County Superintendent 8G 
 
 Justices of the Peace to County Superintendent 86 
 
 SCHOOL DISTRICTS 
 
 CITIES OF FIRST CLASS: 
 
 The whole city is a school district for purposes of taxation 46 
 
 CITIES OF SECOND CLASS: 
 
 The whole city, together with the territory attached for school purposes, is a school district 
 
 for purposes of taxation 57 
 
 Adjacent territory attached for school purposes 53 
 
 CITIES OF THIRD CLASS: 
 
 The whole of the city corporation shall be and remain in one school district for purposes of 
 schools and taxation 60 
 
 UNION AND GRADED-SCHOOL DISTRICTS 39 
 
 JOINT DISTRICTS: 
 
 How formed and designated 16 
 
 How changed 17 
 
 Clerk of joint district shall report to each County Superintendent 25 
 
 COMMON-SCHOOL DISTRICTS : 
 
 Formation and alteration of. 14 
 
 Shall be deemed organized, when 16 
 
 Every organized district shall be a body corporate, and designated, how 16 
 
 Persons aggrieved by formation or alteration of district may appeal to the County Commis- 
 sioners, when 15, 18 
 
 SCHOOL FUNDS 
 
 PERMANENT SCHOOL FUND: 
 
 Proceeds of sales of school lands 3, 70 
 
 Estates of persons dying without heir and will 4, 80 
 
 Per cent, granted by Congress on sales of public lands in Kansas 4 
 
 Management of permanent school fund 77 
 
INDEX. ; J ' /, "j , , , 101 
 
 SCHOOL FUNDS CONTINUED : 
 
 STATE ANNUAL SCHOOL FUND: 
 
 Interest on permanent school fund securities 4, 84 
 
 Rents of school lands 4 
 
 Fees paid by insurance companies doing business in the State 85 
 
 Management of State annual school fund 84 
 
 COUNTY SCHOOL FUND: 
 
 Equivalents for exemption from military duty 4, 86 
 
 Proceeds of estrays 4, 86 
 
 Fines for any breach of the penal laws 4, 86 
 
 Moneys unclaimed by heirs 87 
 
 Management of county school fund 86 
 
 SCHOOL-FUND COMMISSIONERS, BOARD OF 
 
 Meetings, when and where held 77 
 
 Records of School-Fund Commissioners 78 
 
 Bonds offered 78 
 
 Investment permanent school fund 78 
 
 Quorum and business 78 
 
 Records showing condition permanent school fund and State Superintendent's report biennially, 79 
 
 Office and records 79 
 
 Orders to be drawn 79 
 
 Custodian permanent school fund 79 
 
 Collection of money 79 
 
 Compensation 80 
 
 Unclaimed estates 80 
 
 Sale of real estate 80 
 
 Proceeds of sale 80 
 
 Consolidation of bonds 81 
 
 Registration of bonds 81 
 
 Indorsement of bonds 81 
 
 Treasurer's statement to Auditor 81 
 
 Cancellation of coupons and bonds 82 
 
 Bonds to be compared by Auditor and Treasurer 82 
 
 Penalty for refusal or failure by Treasurer 82 
 
 Time extended by School-Fund Commissioners 82 
 
 Payment of bonds before maturity .' 82 
 
 Manner of exchanging bonds 83 
 
 Records of exchange 83 
 
 Funding bonds to be stamped 83 
 
 SCHOOL HOUSES 
 
 District Boards shall have care and keeping of 32 
 
 May be used for what purposes 32 
 
 Removal 31 
 
 SCHOOL-HOUSE SITE 
 
 How selected 21 
 
 May be changed 21 
 
 Land to be condemned for school-house site 22, 32 
 
 To be purchased or leased by district board 27 
 
 SCHOOL MONTH Denned 32 
 
 SCHOOL TERM OF FOUR MONTHS Required, when 91 
 
 SCHOOL LANDS 
 
 Constitutional provisions 3, 4 
 
 Provisions of act of admission 5 
 
 Statutory provisions 66 
 
 SCHOOL-DISTRICT LIBRARIES 41 
 
 SECRETARY OF STATE 
 
 Shall serve as member of Board of Commissioners of Permanent School Fund 5 
 
 Shall attest consolidated bonds belonging to permanent school fund 81 
 
 Shall be depositary of bond of State Treasurer as treasurer of State annual school moneys 85 
 
 SHERIFF Duty of, in relation to trespass on school lands 75 
 
102 . * . r *' SCpQfi)!^ AWBOF KANSAS. 
 
 STATE ANNUAL SCHOOL FUND 
 
 Shall consist of what ................................................................................................................. 84 
 
 State Treasurer shall hold annual school fund subject to order of State Superintendent of Public 
 Instruction ........................................................................................................................... 84 
 
 Treasurer shall report to State Superintendent ........................................................................... 84 
 
 Report annual school fund .......................................................................................................... 85 
 
 State Treasurer shall pay school money to the different County Treasurers ................................. 85 
 
 Bond, State Treasurer shall give ................................................................................................. 85 
 
 County Treasurer shall apply for school moneys ......................................................................... 85 
 
 Pay to the District Treasurer by County Treasurer ..................................................................... 85 
 
 Insurance companies, pay fees .................................................................................................... 85 
 
 County Treasurer shall collect moneys due county school fund ................................................... 86 
 
 County Clerk's statement to County Superintendent ................................................................... 86 
 
 Justice of the Peace, report... ..................................................................................................... 86 
 
 School moneys and other school property to be delivered to proper officers ................................. 86 
 
 Compensation, County Treasurer's .............................................................................................. 87 
 
 Fine for failure to pay school money ......................................................... .. ............................... 87 
 
 Unclaimed moneys ..................................................................................................................... 87 
 
 Common-school fund, all fines, penalties, and forfeitures ............................................................ 87 
 
 STATE BOARD OF EDUCATION .................................................................................................. 38 
 
 STATE CONSTITUTION Educational provisions of. ...................................................................... 3 
 
 STATE SUPERINTENDENT 
 
 Constitutional provisions concerning .......................................................................................... 3 
 
 Official oath ................................................................................................................................ 6 
 
 General duties ........................................................................................................................... 7 
 
 May appoint an Assistant Superintendent .................................................................................. 7 
 
 Shall apportion State annual school moneys, when and how ....................................................... 7 
 
 Shall prescribe blank forms for common-school business ............................................................ 8 
 
 Shall give his opinion on questions submitted to him by County Superintendents, in writing ..... 7 
 
 Shall keep a record of all such decisions ......... , ........................................................................... 8 
 
 Shall cause copies of the school laws, forms, etc., to be published for use of school officers ........... 8 
 
 Shall open correspondence relating to the school system of other States ....................................... 8 
 
 Shall prepare a biennial report, bearing date when, and containing what .................................... 9 
 
 Shall visit each county in the State biennially ........................................................................... 8 
 
 Shall deliver books, papers, etc., to his successor ......................................................................... 8 
 
 Shall assist County Superintendents in making arrangements for county normal institutes ......... 34 
 
 When fifty persons have registered in any normal institute, shall certify same to Auditor .......... 35 
 
 Shall serve as member of State Board of Education .................................................................... 38 
 
 State examinations ............... .................................................................................................... 39 
 
 Uniform system of examinations ................................................................................................ 39 
 
 Shall not receive bonus from publishers of text-books ............................................. , .................. 42 
 
 Penalty for receiving bonus ....................................................................................................... 42 
 
 Shall apportion, as provided by law, the interest on deferred payments for school lands .............. 69 
 
 Shall report the condition of the permanent school fund ............................................................ 79 
 
 Shall, with the Governor, approve bond of State Treasurer as receiver of State annual school 
 moneys ......................... ....................................................................................................... 85 
 
 STATE TREASURER 
 
 Shall notify city or county treasurers, thirty days before maturity of bonds ............................... 65 
 
 Shall give receipts to County Treasurers who pay over school-land moneys ................................. 70 
 
 Shall give additional bonds as custodian of permanent school fund securities .............................. 85 
 
 Shall be custodian of all moneys belonging to permanent school fund ......................................... 79 
 
 Shall be custodian of all permanent school, State Normal School, and State University fund se- 
 
 curities ................................................................................................................................ 79 
 
 Shall receive all State annual moneys ......................................................................................... 84 
 
 Shall hold such moneys subject to order of State Superintendent ................................................ 84 
 
 Shall keep accounts of permanent fund and of annual fund in separate books ............................ 84 
 
 Shall report to State Superintendent the amount of permanent school fund moneys in treasury, 
 
 when .................................................................................................................................... 84 
 
 Shall report to State Superintendent the amount of annual school fund moneys in treasury, 
 
 when .................................................................................................................................... 85 
 
 Shall pay annual school fund moneys to County Treasurer on orders of State Superintendent ..... 85 
 
 As treasurer of annual school fund shall give bond, to be approved by Governor and State Super- 
 
 intendent ..... ... 85 
 
INDEX. 103 
 
 TEACHERS OF DISTRICT SCHOOLS OR GRADED SCHOOLS 
 
 Shall keep a daily record of what 33 
 
 Shall, at close of each term, file with District Clerk a report of what 34 
 
 Penalty for failure to report 34 
 
 TEACHERS' CERTIFICATES 
 
 City certificates, by whom granted, aud on what terms 45, 56 
 
 County certificates, by whom granted, and on what terms 37 
 
 State diplomas and certificate, by whom granted, and on what terms 38 
 
 TEXT-BOOKS 8, 29 
 
 THIRD-GRADE CERTIFICATES 92 
 
 TRESPASS ON SCHOOL LANDS 74 
 
 UNION OR GRADED-SCHOOL DISTRICTS 39 
 
 UNORGANIZED COUNTIES 
 
 Attached to organized counties for school purposes 88 
 
 Shall have a Deputy County Superintendent 89 
 
 Deputy Superintendent shall report to County Superintendent to which the county is attached.. 89 
 
 Penalty for failure to report 89 
 
 Schools shall be under control of the County Superintendent of the organized county 89 
 
 State fund, how apportioned 90 
 
 Annual school meetings 90 
 
 School districts in unorganized counties cannot issue bonds 90 
 
3051 
 
 
 YC 06! 
 
 UNIVERSITY OF CALIFORNIA LIBRARY