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 UNIVERSITY OF CALIFORNIA. 
 
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 Accessions No.3~&'71r*/. Class No. 7^ 
 
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 STATE OF KANSAS. 
 
 LAWS 
 
 FOR THE 
 
 EEGULATION AND SUPPOBT 
 
 OF 
 
 COMMON SCHOOLS, 
 
 WITH 
 
 NOTES AND FORMS FOR SCHOOL OFFICERS. 
 
 PUBLISHED JUNE 1, 1881, BY 
 H. C. SPEER, 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, 
 [Under authority of Laws 1879, ch. 166, sec. 84.] 
 
 TOPEKA: 
 
 GEO. W. MARTIN, KANSAS PUBLISHING HOUSE. 
 
 XHB 
 
 TJIITIRBIIY 
 
COMMON SCHOOLS. 
 
 EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. 
 
 SECTION 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, sec- 
 tions numbered sixteen and thirty-six in each township in said territory 
 shall be and the same are hereby reserved for the purpose of being ap- 
 plied 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 regula- 
 tion of schools, shall make no distinction between the rights of males 
 and females. 
 
 ARTICLE 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 
 compensation 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 nor- 
 mal, preparatory, collegiate, and university departments . 
 
 SEC. 3. The proceeds of all lands that have been or may be granted 
 by the United 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 
 oi congress distributing the proceeds of public lands among the several 
 
4 EDUCATIONAL PROVISIONS. 
 
 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- 
 valuation 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, owner- 
 ship 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 
 counties 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 agricul- 
 tural 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 indi- 
 viduals, for such purpose, shall remain a perpetual fund, to be called 
 the "university 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 
 state and attorney general shall constitute a board of commissioners for 
 the management and investment of the school funds. Any two of said 
 commissioners shall be a quorum. 
 
 [Constitution ratified by the people, October 4, 1859.] 
 SKC. 5. No provision has been made by law for the leasing of school lands. 
 
EDUCATIONAL PROVISIONS, 
 
 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 dis- 
 posed 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 land 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. 
 
LAWS RELATING TO COMMON SCHOOLS. 
 
 ARTICLE I. STATE SUPERINTENDENT. 
 IL_ 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. 
 
 2. Shall have supervision of the educational in- 
 
 terests of the state. 
 
 3. May appoint an assistant superintendent and 
 
 a clerk of the board of school fund commis- 
 sioners. 
 
 I. Apportionment of the annual school fund; 
 time of making and basis of the same. 
 
 5. Manner of apportioning the state annual 
 
 1 fund. 
 
 6. Official opinions to be given at the request of 
 
 county superintendents, and a record of all 
 such decisions to be kept. 
 
 7. May publish the school laws in force, and 
 shall cause the printing and distribution 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 
 
SCHOOL LAWS OF KANSAS. 7 
 
 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. 
 
 General Duties, SEC. 2. [Laws 1879, Ch. 166, Sec. 79.] The ed- 
 ucational 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 pre- 
 scribed 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 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 comnlon 
 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 apportionment 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 
 lerk and superintendent of the proper county. 
 
8 SCHOOL LAWS OF KANSAS. 
 
 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 
 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 rec- 
 ord of all such decisions. Before giving any such opinion, the superin- 
 tendent may submit the statement of facts to the attorney general for Ms- 
 ad vice thereon, and it shall be the duty of the attorney general forth- 
 with 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 de- 
 cisions 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 opera- 
 tion 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 schools- 
 in other states. t 
 
 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.] Copies 
 of all papers filed in his office, and the record of his official acts, may 
 
SCHOOL LAWS OF KANSAS. 9 
 
 be certified by him, and when so certified shall be evidence equally and 
 in like manner as the originals. 
 
 Biennial Report. SEC. 11. [Laws 1879, Ch. 166, Sec. 88.] The 
 superintendent shall, on the first day of December preceding each regu- 
 lar 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 interest 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 educa- 
 tional 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 su- 
 
 perintendent. 
 
 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, 
 
 how filled. 
 
 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 districts. 
 
 24. Notice of forming school district and of first 
 
 meeting, how made. 
 
 25. Other duties ; delivery of records of office. 
 
 26. Neglect or refusal to perform duty, prosecution 
 
 for same. 
 
 Oath and Bond. SECTION 12. [Laws 1881, Ch. 152, Sec. 1.] 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- 
 
10 SCHOOL LAWS OF KANSAS. 
 
 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 
 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 1881, 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 
 olassification 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 pur- 
 pose of discussing school questions and elevating the standard of educa- 
 tion ; to keep his office open at the county seat, Saturday of each week, 
 and in counties in which the county superintendent receives a salary of 
 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 
 
 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 
 
 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, number of the district in which he is employed, dates 
 of opening and closing term, salary per month, grade of certificate, and 
 date of superintendent's visit. He shall keep a record of the semi- 
 annual apportionments 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, Sep- 
 tember 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' and 
 clerks' record books examined; the number of teachers' meetings at- 
 tended; the number of public lectures delivered; and such other infor- 
 mation as the state superintendent may require regarding the duties of 
 such county superintendent; and until such report shall have been for- 
 warded to the state superintendent, and a copy thereof filed with the 
 county clerk for publication, 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 im- 
 mediately certify the same to the several school-district clerks of his 
 county, for the information of the annual school meeting; and it is 
 hereby made the duty of said county clerks to make out 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 
 school fund which has been apportioned to his bounty, 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 per- 
 
 SKC. 14. A district must not only have had a common school taught at least three months during the 
 school year ending July 31st; it must also have made through its district clerk, the requisite annual re- 
 port 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 February 
 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, "CM the same shall 
 appear from the last annual reports of the clerks of the respective districts" For purposes of apportionment, 
 it is only from the annual report of the clerk of a district that the county superintendent can legally 
 know the number of children of school age residing in the district. 
 
12 SCHOOL LAWS OF KANSAS. 
 
 sons 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. 16. [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 
 bearing date 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 employed 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 estab- 
 lished, the number of students attending 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 
 
 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 di- 
 vision 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 de- 
 tached territory entitle said district. 
 
 SEC. 16. The annual reports of county superintendents constitute the basis on which the state super- 
 intendent disburses the semi-annual dividends to the several counties. If any county superintendent, 
 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 
 
 and colleges in the county, and the number of students attending the 
 same and their sex, the number of teachers employed in each, and their 
 sex ; a statement of the amount of public money received in each dis- 
 trict 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 purchasing school 
 site, for building, hiring, purchasing, repairing, furnishing, or insuring 
 such school house, or for any other purpose allowed by law, in the dis- 
 trict or parts of districts. 
 
 Compensation. SEC. 17. [Laws 1881, Ch. 152, Sec. 6.] The county 
 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 
 counties having a school population of from twelve hundred to fifteen 
 hundred, 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 pop- 
 ulation of less than one thousand, the county superintendent shall receive 
 three dollars for each day actually and necessarily employed in the dis- 
 charge of the duties of his office, for a number of days not to exceed 
 one hundred 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 su- 
 perintendents, 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 per- 
 son, 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, 
 
 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 su- 
 perintendent's salary for the next year, beginning January 1. 
 
 SEC. 18. No petition is required. 
 
14 SCHOOL LAWS OF KANSAS. 
 
 notice thereof shall be given by the county clerk to the board of county 
 commissioners, who shall as soon as practicable appoint some suitable 
 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 made correctly 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 coun- 
 ties 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 treasurer's 
 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 treasurer, 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 belonging to the respective districts in his county: Provided? 
 That no funds in the hands of the county treasurer belonging to the 
 several school districts 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 public 
 instruction to divide the county into a convenient number of school dis- 
 tricts, and to change such districts when the interests of the inhabitants 
 
 SEC. 22. There is no warrant of law for purchasing and holding supplies of record books to be deliv- 
 ered 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 
 luiM or purchase a school house, alterations should be discouraged until the bonds are paid, except in 
 
SCHOOL LAWS OF KANSAS. 15 
 
 thereof require it, but only after twenty days 7 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 per- 
 sons of school age, no district shall be so changed as to reduce its school 
 population to less than fifteen, and none having a bonded indebtedness 
 shall be so reduced in territory that such indebtedness shall exceed five 
 per cent, of their assessed property valuation : Provided, That any per- 
 son interested may appeal to the board of county commissioners from the 
 action of the county superintendent. Such superintendent shall number 
 school districts when they are 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 organization, 
 date and full record of all changes of boundaries, and a list of district 
 officers in his county, the date of election or appointment, and the time 
 the term of each is to expire. 
 
 Notice of First Meeting. SEC. 24. [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, 
 describing 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. 25. [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 de- 
 liver 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. 26. [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- 
 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. 
 
 cases where imperative necessity demands a change. The object should be, to establish strong and per- 
 manent 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. 
 
 ARTICLE III. SCHOOL DISTRICTS. 
 
 #27. Shall be deemed organized, when. 
 
 28. Shall be a body corporate. 
 
 29. Joint districts, how formed and designated. 
 
 30. New districts formed from one or more dis- 
 
 tricts; apportionment of property. 
 
 31. Aggrieved persons may appeal. 
 
 $34. Notice of district meetings. 
 
 35. Who may vote at a district meeting. 
 
 36. How to proceed when a voter is challenged. 
 
 37. Powers of district meetings. 
 
 38. District meetings may determine length of 
 
 school term, etc.; when board may deter- 
 
 32. Annual meeting, when held; notice; special j mine the same. 
 
 meetings. 39 School-house site may be changed. 
 
 33. When business of annual meeting may be 
 transacted at special meeting; when and 
 how called. 
 
 40. Value of school house, how determined. 
 
 41. School-house site may be condemned, when 
 
 and how. 
 
 Organization. SECTION 27. [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 
 writing, which the superintendent shall file in his office. 
 
 Body Corporate. SEC. 28. [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 
 
 number 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 per- 
 sonal 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. 29. [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 o'fF 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 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^uperintendentof public instruction,^ notice of such appeal 
 
 SEC. 27. Officers elected at first district meeting hold only until the next annual election 
 SEC. 29. It is held that appeals should be taken to the State Superintendent, in the case of the/orma- 
 iion, as well as alteration, of joint school districts. 
 
SCHOOL LAWS OF KANSAS. 17 
 
 shall be served on the superintendents of the several counties represented 
 in said district within ten days after the rendition by them of the deci- 
 sion 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 there- 
 upon the state superintendent 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 super- 
 intendents interested, and they shall take action in accordance there- 
 with : 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. 30. [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 
 equitably determine the proportion of the present value of such school 
 house, or other property justly due to said new district. Such propor- 
 tion, when ascertained, shall be levied by the district board of the dis- 
 trict retaining 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. 
 
 SEC. 30. For the division of school property under the provisions of this section, the following rules 
 are recommended, viz.: 
 
 1ST 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 
 the last assessment roll of the county. 
 
 Second: Find, in like manner, the assessed valuation of the taxable property of the territory 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 discharg- 
 ing all indebtedness payable out of such moneys. 
 
 Fourth: Multiply the present value of the school property by the assessed valuation of the territory 
 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. 
 
lg SCHOOL LAWS OF KANSAS. 
 
 Aggrieved Persons.-SEC. 31. [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 notice 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 appeal 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 proceed as by law required. 
 
 Annual and Special Meetings. SEC. 32. [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 
 belonging to the school district, at two o'clock P. M. Notice of the time 
 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 
 district board, or by a majority of the legal voters of the district, but 
 
 2D RULE, To be applied in dividing such school property as consuls of moneys received by the undivided dts- 
 trictfrom 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 to be cut off, and which does not retain the school property. 
 
 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 ter- 
 ritory 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 court* 
 and have the matter adjudicated. If after the division has been made, the officers of the district retain- 
 ing 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 
 e sum due, but must levy a tax as is provided for in this section. 
 
 SBC. 31. See note on section 29. 
 
SCHOOL LAWS OF KANSAS. 19 
 
 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 
 previous to the time of such meeting. 
 
 Special Meeting. SEC. 33. [ Laws 1876, Ch. 122, Art. 3, Sec. 7. J 
 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 within the district, at least five days previous to the time of meet- 
 ing; 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 Meetings. SEC. 34. [Laws 1876, Ch. 122, Art. 3, Sec. 8.] 
 It shall be the duty of tlie 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. 35. [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 
 subject to the disqualifications named in section second, article fifth, of 
 the constitution of the state, and who shall be residents of the district 
 at the time of offering to vote. 
 
 Challenge. SEC. 36. [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 
 
 SEC. 32. 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 tiire 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 there- 
 after as possible before the second Thursday of August. 
 
2Q SCHOOL LAWS OF KANSAS. 
 
 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. 37. [Laws 1876, Ch. 122, 
 Art. 3, Sec. 11.] 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 one per cent, on the 
 taxable property in the district, as the meeting shall deem sufficient, to 
 purchase 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 vote a direct tax annually, not exceeding one per cent, of 
 the taxable property in the district, for the pay of teachers' wages in the 
 district. 
 
 Seventh To authorize and direct the sale of any school-house site, or 
 other property belonging to the district, when the same shall no longer 
 be needful for the use of the district. 
 
 Eighth 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. 38. [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 fe- 
 male teacher, or both, and whether the school money to which the dis- 
 trict may 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 mat- 
 
 SEC. 37. A tax may also be levied for the purpose of purchasing a district library. See Article VIII, 
 section 113. 
 
 SEC. 38. The electors, at the annual or a special meeting, have no power to determine who shall or 
 shall not be employed as teacher, or the compensation such teacher shall receive. These are questions 
 to be determined by the district board. 
 
SCHOOL LAWS OF KANSAS. 
 
 21 
 
 ters 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. 39. [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. 40. [Laws 1874, Ch. 122, Sec. 2.] The value 
 of 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. 41. [Laws 1874, Ch. 122, Sec. 3.] In case 
 any school district cannot otherwise obtain title to the site selected by 
 such school district, it shall be the duty of the probate judge of the 
 county in which such school-house site is located to appoint three disin- 
 terested freeholders to appraise and condemn such site not to exceed 
 one acre; and such appraisers shall proceed to assess and condemn such 
 site, and upon payment by said district board of such appraisement the 
 title to such site shall vest in said district: Provided, That such district 
 board or the owner of the land so condemned shall be entitled to an 
 appeal from such appraisement in such manner and upon such conditions 
 as appeals are made from decisions of justices of the peace. 
 
 AKTICLE IV. DISTRICT OFFICERS. 
 
 42. Officers; term of office. 
 
 43. Official oath. 
 
 44. Forfeiture of office; vacancy, how filled. 
 
 45. Duty of director. 
 
 46. Duty of district clerk. 
 
 47. Clerk shall be cx-officio clerk of all district 
 
 meetings. 
 
 48. Shall draw orders on the district treasurer. 
 
 49. Clerk's annual report ; to whom made, when 
 
 and how. 
 
 50. Shall report to each county superintendent; 
 
 joint district. 
 
 51. Penalty for false report. 
 
 52. District clerk shall report to county clerk a 
 
 list of resident tax-payers. 
 
 53. Fine for failure to report district tax to county 
 
 clerk. 
 
 54. Shall report to county superintendent, what. 
 
 55. District and city clerks, and clerks of boards 
 
 of education, shall report bonded indebted- 
 ness to county clerk. 
 
 56. Fine for not delivering records to successor. 
 
 57. District treasurer shall execute bond. 
 
 58. Shall pay school moneys, on whose order. 
 
 59. Shall receive school moneys from county treas- 
 
 urer, on whose order. 
 
 60. District taxes voted but not levied in any year 
 
 shall be collected with taxes of the year fol- 
 
 61. District treasurer shall keep account, etc.; 
 shall report in writing at annual meeting. 
 
 62. Procedure, if he does not pay over moneys to 
 
 his successor. 
 
 63. Powers and duties of school-district board ; 
 
 shall execute all lawful orders of district. 
 
 64. Shall have care of property of district. 
 
 65. May admit non-resident pupils, when. 
 
 66. Shall hire qualified teachers; may dismiss 
 
 teachers for cause. 
 
 67. Shall provide necessary appendages, when. 
 
 68. May suspend a pupil for cause ; appeal. 
 
 69. Shall furnish teacher with daily register; shall 
 
 visit schools. 
 
 70. Shall require uniformity of text-books. 
 
 71. Penalty. 
 
 72. Disposition of fines. 
 
 73. Shall cause district clerk to certify to county 
 
 clerk the percentage of district taxes, when- 
 
 74. Judgments, how obtained; the board liable, 
 
 when. 
 
 75. The board may remove school house or other 
 
 improvement, when ; probate judge may ap- 
 point appraisers to condemn site, etc. 
 
 76. May open school house for the use of religious, 
 
 political, literary, scientific, mechanical, or 
 agricultural societies. 
 
22 SCHOOL LAWS OF KANSAS. 
 
 Officers; Term. SECTION 42. [Laws 1876, Ch. 122, Art. 4, Sec. 1.] 
 The officers of each school district shall be a director, clerk, and treas- 
 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, arid 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. 43. [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 ad- 
 minister such oath. 
 
 Office Forfeited SEC. 44. [Laws 1876, Ch. 122, Art. 4, Sec. 2.] 
 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. 45. [Laws 1876, Ch. 122, Art. 4, Sec. 4.] The director 
 of each 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 meeting. 
 
 Clerk. SEC. 46. [Laws 1876, Ch. 122, Art. 4, Sec. 5.] The clerk of 
 each district shall record the proceedings of his district in a book pro- 
 
 SKC. 42. 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 treasurer should be elected at the annual meeting in Au- 
 gust, 1881. 
 
 SKC. 43. A district officer can qualify before the chairman of a district meeting, the county super- 
 tendent, or any one authorized by law to administer oaths, as a justice of the peace, or notary. 
 
 SEC. 44. 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. 
 
SCHOOL LAWS OF KANSAS. 23 
 
 vided by the district for that purpose, and enter therein copies of all 
 reports made by him to the county superintendent ; and he shall keep 
 and preserve all records, books and papers belonging to his office, and 
 deliver the same to his successor in office. 
 
 Clerk of the Board. SEC. 47. [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 
 district meeting, the voters present may appoint a clerk of such meet- 
 ing, who shall certify the proceedings thereof, and the same shall be 
 recorded by the clerk of the district. 
 
 Draw Orders. SEC. 48. [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' 
 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 treasurer 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. 49. [Laws 18 76, Ch. 122, Art. 4, Sec. 8.] The 
 clerk of each district shall, at least five days previous to the time of the 
 annual meeting in. August in 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 alter- 
 ation therein be necessary, the same shall be made, and it shall then be 
 transmitted to the county superintendent of public instruction. Said 
 report shall show: First, the number of children, male or female, desig- 
 nated 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 at- 
 tending 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 time 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 ex- 
 
 SEC. 47. 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. 48. 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. 
 
24 SCHOOL LAWS OF KANSAS. 
 
 pended ; 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. 
 
 Joint District SEC. 50. [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 each of the counties in which such district may be 
 partly situated. 
 
 Penalty. SEC. 51. [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 im- 
 prisonment not exceeding three months. 
 
 Report to County Clerk. SEC. 52. [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, annu- 
 ally, except in incorporated cities. 
 
 Failure to Report. SEC. 53. [Laws 1876, Ch. 122, Art. 4, Sec. 12.] 
 Any district clerk who shall fail to report the tax voted by his district 
 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. 54. [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. 55. [Laws 1877, Ch. 90, Sec. 1.] 
 That in addition to the duties now required by law of the following offi- 
 cers, to wit, township clerks, and clerks of incorporated cities, school- 
 district clerks, and clerks of 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 
 
SCHOOL LAWS OF KANSAS. 25 
 
 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. 
 
 Records. SEC. 56. [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. 57. [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 
 sureties: Provided, That the director of the district or the county super- 
 intendent 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, then any householder in the district may cause such 
 prosecution to be instituted. 
 
 Duties. SEC. 58. [ 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. 59. [Laws 1876, Ch. 122, Art. 4, 
 Sec. 16.] 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. 60. [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 
 
 SEC. 57. 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. 
 
26 SCHOOL LAWS OF KANSAS. 
 
 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 director, subject to the proviso contained in section fifty-two 
 [sec. 57, art. 4] of this act. 
 
 Records and Reports. SEC. 61. [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, containing a 
 statement of all moneys received by him from the county treasurer dur- 
 ing the year; also all moneys collected by him during the year from 
 assessments in the district, and of 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. 62. [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. 63. [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, exe- 
 cute 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. 64. [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 libra- 
 rian, and to take charge of the school apparatus belonging to the district. 
 
SCHOOL LAWS OF KANSAS. 27 
 
 Non-resident Pupils. SEC. 65. [Laws 1876, Ch. 122, Art. 4, Sec. 
 23.] The district board shall have power to admit scholars from adjoin- 
 ing districts. 
 
 Teachers. SEC. 66. [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 incompetency, cruelty, negligence, or immorality. 
 
 Necessary Appendages. SEC. 67. [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. 68. [Laws 1876, 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 de- 
 cision of said board of directors to the county superintendent, who shall, 
 upon a full investigation of the charges preferred against said pupil, de- 
 termine as to his guilt or innocence of the offense charged, whose decision 
 shall be final. 
 
 School Duties SEC. 69. [Laws 1876, Ch. 122, Art. 4, Sec. 27.] 
 The district board shall furnish each teacher with a suitable daily regis- 
 ter, 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 
 
 SEC. 66. (a) In view of this section, read in connection with section 94, 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 by 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 is- 
 sue, and ends at the date of expiration, of the certificate which confers the 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 said carticate, preserve the status of a "qual- 
 ified" teacher in the only way allowable by law, i. e., by procuring, in season, a new certificate by "pat- 
 sing " 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 superintendent. 
 
28 SCHOOL LAWS OF KANSAS. 
 
 the school house, facilities for ventilation, furniture, apparatus, library, 
 studies, discipline, modes of teaching, and improvement of the school; 
 shall confer 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. 70. [Laws 1879, Ch. 157, Sec. 
 1.] The district board, each board of education, and each and every 
 school-district board, shall require a uniform series of text-books to be 
 used in each separate branch of study in each school; but each board 
 shall determine for itself, within six months from the passage of this act, 
 the particular series of text-books which shall be used, and when such 
 selection of text-books shall hereafter be adopted and introduced in pur- 
 suance of the provisions of this act by said boards, no change shall be 
 made for a period of five years from the date of such introduction of any 
 particular series of text-books, unless four-fifths of the legal voters of 
 any such district shall petition for a change in the series of text-books 
 adopted; but no member of the said boards, or either of them, nor any 
 teacher, while employed as such teacher, shall act as agent for any author, 
 publisher or bookseller, nor shall any member of the said boards, or 
 either or any one of them, or any employed teacher, directly or indi- 
 rectly 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. 
 
 Penalty SEC. 71. [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 the provi- 
 sions of this act shall be liable to immediate dismissal. 
 
 Disposition of Fines. SEC. 72. [Laws 1879, Ch. 157, Sec. 3.] 
 All fines collected for any violation of this act shall be paid to the treas- 
 urer of the county where the suit is brought, for the support of common 
 schools. 
 
 Taxes. SEC. 73. [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 be- 
 
SCHOOL LAWS OF KANSAS. 29 
 
 fore 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 
 regulations, 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. 74. [Laws 1876, Ch.122, Art. 4, Sec. 31.] When- 
 ever any final judgment shall be obtained against any school district, 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 offi- 
 cers so in default, for the amount due him on such judgment against the 
 district, with costs, upon which execution shall issue. 
 
 Removal of School Houses, etc. SEC. 75. [Laws 1876, Ch. 
 122, Art. 4, Sec. 32.] That whenever a school house or other improve- 
 ments 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 set- 
 tler 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 improvements are situated, the same shall not be removed : And 
 provided 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 improve- 
 ments 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. 
 
 ^ OF TH^ 
 
30 SCHOOL LAWS OF KANSAS. 
 
 Use of School House. SEC. 76. [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 author- 
 ized to open the school house for the use of religious, political, literary, 
 scientific, mechanical or agricultural societies belonging to their district, 
 for the purpose of holding the business of public meetings of said socie- 
 ties, under such regulations as the school board may adopt. 
 
 AETICLE V. DISTRICT SCHOOLS. 
 
 g77. Branches taught in public schools; instruc- 
 tion shall be given in the English branches. 
 
 78. School month defined. 
 
 79. District schools free to all resident children. 
 
 80. Penalty for violation of this article; shall not 
 apply to officers of cities of first and second 
 class. 
 81. Pupils with contagious diseases excluded,when. 
 
 82. When a tuition fee may be assessed. 
 
 Branches Taught. SEC. 77. [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. 78. [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. 79. [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. 80. [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 mon- 
 eys forfeited to the common-school fund of the county under this act, 
 shall be expended by the county superintendent for the education of 
 such children in the school district thus denied equal educational advan- 
 tages : ^Provided, That any member of said board who shall protest 
 against the action of his said board in excluding any children from 
 
 SEC. 80. 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 65 authorizes but does 
 not require the district board to admit scholars from adjoining districts. 
 
SCHOOL LAWS OF KANSAS. 
 
 31 
 
 equal educational advantages, or in violating any of the provisions of 
 this article, shall not be subject to the penalty herein named : And pro- 
 vided further, That the provisions of this act shall not apply to cities of 
 the first or second class. 
 
 Contagious Disease. SEC. 81. [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 Fee. SEC. 82. [Laws 1876, Ch. 122, Art. 5, Sec. 6.] When- 
 ever there be not public money enough belonging to any school district 
 to support a public school the length of time determined at the annual 
 meeting, or at a special meeting duly called, the district board, to meet 
 said deficiency, may assess a tuition fee upon each scholar attending said 
 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 
 entire amount of one per cent, for teachers 7 wages, as required by law, 
 be first assessed upon the taxable property of said school district. 
 
 ARTICLE VI. TEACHERS, NORMAL INSTITUTES, AND CERTIFICATES. 
 
 83. Teachers shall keep a record of attendance, 
 deportment and recitations; report to dis- 
 trict clerk. 
 
 84. Normal institutes to be held annually. 
 
 83. Conductors and instructors; certificate of 
 special qualifications required. 
 
 86. Normal institute fund, how raised ; each can- 
 
 didate for a teacher's certificate shail pay a 
 fee of one dollar. 
 
 87. County treasurer, custodian of fund. 
 
 88. County superintendent shall transmit funds 
 
 to county treasurer. 
 
 89. State superintendent of public instruction 
 
 shall certify to state auditor the number of 
 persons enrolled in each institute ; auditor 
 shall issue order on state treasurer for fifty 
 dollars. 
 
 90. Institute fund, how disbursed. 
 
 91. County superintendent shall execute bond. 
 
 Records and Reports. SEC. 83. [Laws 1876, 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 attendance 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 he expiration of each terra 
 of the school, a full report of the whole number of scholars admitted to 
 
 92. Union institutes, how formed; custodian of 
 fund. 
 
 93. County board of examiners, how constituted; 
 
 qualifications and appointment of examin- 
 ers. 
 
 94. Public examinations ; notice of same. 
 
 95. Grades of certificates. 
 
 96. First grade, to whom issued. 
 
 97. Second grade, to whom issued. 
 
 98. Third grade, to whom issued ; limitation upon 
 
 issue of same ; standings required for each 
 grade. 
 
 99. County certificates of force, where; may be 
 
 revoked, for what causes. 
 
 100. State board of education, how constituted ; 
 may issue state diplomas, to whom; may 
 issue state certificates, to whom ; shall meet 
 where, and how often. 
 
32 SCHOOL LAWS OF KANSAS. 
 
 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 superintendent 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. 84. [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. 85. [Laws 1877, Ch. 136, 
 Sec. 2.] The county superintendent of public instruction, with the ad- 
 vice and consent of the state superintendent of public instruction, shall 
 determine the time and place of holding such normal institutes, and 
 shall select a conductor and instructors for the same : Provided, That no 
 person shall be paid from the institute funds for services as conductor 
 or instructor 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. 86. [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 
 teacher's certificate, and the payment of one dollar registration fee for 
 each person attending the normal institute; and the board of county 
 commissioners 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. 87. [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. 88. [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 
 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." 
 
 SEC. 86. 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. 33 
 
 State Aid. SEC. 89. [Laws 1877, Ch. 136, 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 organ- 
 ized under the provisions of this act, and have paid the required regis- 
 tration 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 appro- 
 priated 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 ap- 
 propriated 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. 90. [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. 91. [Laws 1877, Ch. 136, Sec. 8.] Each county superin- 
 tendent of public instruction shall, immediately after the passage of 
 this act, and hereafter, before entering upon the duties of his office, 
 execute a bond to the state of Kansas in the sum of one thousand dol- 
 lars, 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. 92. [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 [90] : And provided. That the treasurer 
 of the county in which such normal institute is held shall be the custo- 
 dian of the "normal-institute fund," to whom the state and county ap- 
 propriations 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 [86]. 
 
 SEC. 90. See also section 85. It is unlawful for the county treasurer to pay an order on the normal- 
 institute fund drawn "for services rendered," ill favor of any person not holding the certificate of the 
 state board of education, for institute work. 
 
 3 
 
34 SCHOOL LAWS OF KANSAS. 
 
 County Board of Examiners. SEC. 93. [Laws 1881, Ch. 151, 
 Sec. 1.] In each county there shall be a county board of examiners, com- 
 posed of the county superintendent, who shall be ex-officio chairman of 
 the board, and two competent persons, holders of first-grade certificates, 
 to be appointed by the county commissioners on the nomination of the 
 county superintendent, who shall serve one year from the time of their 
 respective appointments, and receive for their services the sum of three 
 dollars per day for not to exceed three days in any one quarter of a year. 
 
 Public Examinations, SEC. 94. [Laws 1881, Ch. 151, Sec. 2.] 
 The board, two of whom shall constitute a quorum, shall publicly ex- 
 amine at such times and places as may be designated by the chairman, 
 who shall give ten days' notice of each of such examinations, all persons 
 proposing to teach in the common schools of the county, (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 requisite examination, and satisfy the board as to their good moral 
 character and their ability to teach and govern school successfully. 
 
 Grades of Certificates. SEC. 95. [Laws 1881, Ch. 151, Sec. 3.] 
 Certificates issued by county boards shall be of three grades first, second 
 and third and shall continue in force respectively two years, one year, 
 and six months. 
 
 First Grade, to Whom Issued. SEC. 96. [Laws 1881, Ch. 151, 
 Sec. 4.] Certificates of the first grade shall continue in force for two years, 
 and shall certify that the person to whom issued is proficient in, and fully 
 qualified to teach, orthography, reading, writing, English grammar and 
 composition, geography, arithmetic, United States history, constitution 
 of the United States, book-keeping, physiology, elements of natural 
 philosophy. And they shall not be issued to persons under eighteen 
 years of age, nor to such as have not taught successfully twelve months. 
 
 SEC. 93. (a) Examiners appointed after March 9, 1881, must be "holders of first-grade certificates," 
 granted under the existing law. Holders of state or A-grade certificates are not, in virtue thereof, eli- 
 gible to be examiners. 
 
 (6) Until appointments are made in accordance with the new law, the old members hold over, 
 (c) County superintendents are not required, as members of the board of examiners, to be holders 
 of first-grade certificates. 
 
 SEC. 94. (c) 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 exami- 
 nations, of course it is every person's privilege to hear all that is said by both examiner and applicant, 
 n 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. 
 
 Should an examiner desire to "pass" at a public examination, conducted by the two other mem- 
 f 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 
 he assistance and concurrence of the other member of the board 
 
SCHOOL LAWS OF KANSAS. 35 
 
 Second Grade, to Whom Issued. SEC. 97. [Laws 1881, Ch. 
 151, Sec. 5.] Certificates of the second grade may be issued to persons 
 of not less than seventeen years of age, who have taught successfully 
 not less than three months, and who shall fully satisfy the board as to 
 their ability to teach all the branches prescribed for first-grade certificates, 
 except physiology, book-keeping and elements of natural philosophy. 
 
 Third Grade, to Whom Issued; Provisos. SEC. 98. [Laws 1881, 
 Ch. 151, Sec. 6.] Third-grade certificates may be issued to persons not 
 less than sixteen years of age, who are proficient in orthography, read- 
 ing, writing, English grammar, geography, arithmetic, and United 
 States history; but in no case shall a third-grade certificate be given a 
 second time to the same person: Provided further, 1st. That persons who 
 receive a first-grade certificate shall make a general average of not less 
 than 90 per cent., and in no case shall a person receive a certificate of 
 first-grade who does not make at least 70 per cent, in any one branch. 
 2d. Persons who receive a second-grade certificate shall make a general 
 average of not less than 80 per cent., and in no case shall any person 
 receive a certificate of second grade who makes less than 60 per cent, in 
 any one branch. 3d. Persons who receive a third-grade certificate shall 
 make a general average of not less than 70 per cent., and in no case 
 shall any person receive a third-grade certificate who makes less than 60 
 per cent, in any one branch. 
 
 (c) The awarding of a certificate, or any other act within the jurisdiction of the board, must have 
 duly received, iu 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 times and places of exam- 
 inations. 
 
 (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. 
 
 SEC. 96. This experience need not have been had in Kansas, but must be shown to the satisfaction 
 of the board of examiners. 
 
 SEC. 98. (a) No certificate of the third grade can be issued a second time to the same person in a given 
 county, but there is nothing in the law which can be construed to restrict a person from obtaining one 
 third-grade certificate in each county in the state ; but a second one would be void and of no force. 
 In the case of applicants who have never taught, I recommend examining boards to issue Statements of 
 Standing, certifying that the holders are entitled to have a third-grade certificate issued to them on 
 call, to expire six months from date of statement. Such papers will satisfy school boards that the 
 parties are legally-qualified teachers; and, on the other hand, such teachers, in failing to make en- 
 gagements, are not barred from another trial in the county. The object of the law is to compel im- 
 provement among teachers; and the only hardship that could arise by its operation is the one for 
 which this remedy is suggested. 
 
 (&) 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 in- 
 quire into the "competency" of the candidate to teach and govern a school successfully. This com- 
 petency is not to be assumed from the fact that the applicant passes the examination; it must be 
 shown to the satisfaction of the examiners. 
 
36 SCHOOL LAWS OF KANSAS. 
 
 Certificates, of Force Where; Revocation. SEC. 99. [Laws 
 1881 Ch. 151, Sec. 7.] No certificate shall be of force, except in the 
 county in which it is issued. The certificates issued under this act may 
 be revoked by the board of examiners on the ground of immorality, or 
 for any cause which would have justified the withholding thereof when 
 the same was granted. 
 
 State Board of Education; Diplomas, SEC. 100. [Laws 1876, 
 Ch. 122, Art. 6, Sec. 7.] There shall be a state board of education, con- 
 sisting of the state superintendent of public instruction, the chancellor of 
 the state university, the president of the state, agricultural college, and 
 the principals of the state normal schools at Emporia and Leavenworth. 
 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 scholar- 
 ship 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 exam- 
 inations 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. 101. [Laws 1876, Ch. 122, Art. 6, Sec. 8.] 
 The state board of education are furthermore authorized and empowered 
 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 certifi- 
 cates 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 
 other examinations of the persons holding them by county or local 
 
 It is proper for the board to refuse especially the first-grade or second-grade certificate to appli- 
 cants 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 (see section 94); 
 and while they may be ninety or ninety-nine on examination, they are not necessarily possessed of 
 such "ability to teach " (see sec. 97) 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 truth- 
 fully said that there are better teachers holding the second grade than there are holding the first grade. 
 SKC. 99. County certificates issued in county A cannot be legally made valid in county B, even by the 
 indorsement of the board of examiners of county B; for the law expressly provides that "no [county] 
 certificate shall be of force except in the county in which it is issued." 
 
SCHOOL LAWS OF KANSAS. 37 
 
 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. 
 
 State Examinations. SEC. 102. [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 transac- 
 tion 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 ap- 
 plicant, and with his professional attainments and experience, said board 
 shall issue a state diploma, or certificate, as the case may be, in accord- 
 ance 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. 
 
 ARTICLE VII. UNION OB GRADED-SCHOOL DISTRICTS. 
 
 $103. Graded schools, how established. 
 
 104. Powers and duties of directors. 
 
 105. Union district entitled to share of school 
 
 funds. 
 
 106. May levy taxes. schools. 
 
 110. Public schools in cities shall receive their 
 share of public school funds, on what con- 
 dition. 
 111. Any single district may establish graded 
 
 107. Shall receive its share of school moneys. 
 
 108. Duties of clerk of union district. 
 
 112. Annual meeting of graded-school districts, 
 when held. 
 
 109. Duties of treasurer of union district. 
 
 How Formed. SEC. 103. [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 instruc- 
 tion shall be given in the higher branches of education, the clerks of 
 the several districts shall, upon a written application of five voters of 
 the respective 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.- 104. [Laws 1876, Ch. 122, Art. 7, Sec. 2.] 
 The board of directors provided in the preceding section shall, in all 
 matters relating to the graded schools, possess all the powers and dis- 
 charge all the like duties of the district board of directors, as prescribed 
 in this act. 
 
38 SCHOOL LAWS OF KANSAS. 
 
 School Funds, SEC. 105. [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. 106. [Laws 1876, Ch. 122, Art. 7, Sec. 4.] The 
 said union district may levy taxes for the purpose of purchasing a build- 
 ing 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. 107. [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 schol- 
 ars 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 treasurer of the union district on order of the clerk and director 
 thereof. 
 
 Clerk. SEC. 108. [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. 109. [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. 110. [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 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. 111. [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. 112. [Laws 1876, Ch. 122, 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. 
 
SCHOOL LAWS OF KANSAS, 39 
 
 AETICLE VIII. SCHOOL -DISTRICT LIBRARIES. 
 
 ^113. School districts may vote a tax not to exceed i 114. The money so collected shall be used for no 
 two mills, for district library. other purpose. 
 
 | 115. Librarian to be appointed by district board. 
 
 Library Fund. SECTION 113. [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 the 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. 114. [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. 115. [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 
 in the district, to perform the duties of that office; and the board 
 shall have power to make such rules and regulations in regard to the 
 management of said library as they shall deem best, and they shall re- 
 vise and change said rules from time to time as the necessities of the 
 case may require. 
 
 AKTICLE IX FINES AND PENALTIES. 
 
 3 116. Jurisdiction of justices of the peace. i 118. Penalty for receiving bonus from publisher 
 117. Fines andgpenalties, how collected. of school books. 
 
 Jurisdiction. SEC. 11 6. [Laws 1876, Ch. 122, Art. 9, Sec. 1.] 
 Justices of the peace shall have jurisdiction in all cases in which a school 
 
40 
 
 SCHOOL LAWS OF KANSAS, 
 
 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.117. [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. 118. [Laws 1876, Ch. 122, 
 Art. 9, Sec. 3.] If the state superintendent, or any county superintend- 
 ent of'p blic 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 jurisdic- 
 tion, 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 imprisoned 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. 
 
 119. Cities of first class defined. 
 
 120. Board of education, how constituted and 
 
 elected. 
 
 121. Vacancy in board, how filled. 
 
 122. Powers of board. 
 
 123. Board shall organize, when and how; elect 
 
 clerk, superintendent; fiscal year; annual 
 report. 
 
 124. Duty of president. 
 
 125. Duty of vice president. 
 
 126. Duty of clerk ; duty and salary of superin- 
 
 tendent. 
 
 127. Clerk shall execute bond; oath of office. 
 
 128. Treasurer; duty of treasurer. 
 
 129. Board not to receive pay. 
 
 130. Examining committee, how appointed; du- 
 
 ties ; who may be elected as teacher. 
 
 131. Vacancy in committee, how filled. 
 
 132. Annual levy of school tax, when and how 
 
 made; provisos. 
 
 133. All school taxes shall be paid in money. 
 
 134. The whole city shall compose a school district. 
 
 135. All city school property shall be vested in the 
 
 .board. 
 
 136. Sale or conveyance of school property. 
 
 137. Meetings of the board, when held. 
 
 138. Annual report of the board shall be published, 
 
 when and how. 
 
 139. Restriction regarding expenditures. 
 
 140. No sectarian doctrine shall be taught in the 
 
 city schools. 
 
 141. City school property exempt from taxation. 
 
 142. For what purpose the board may issue bonds; 
 
 date and rate of interest; maturity of; 
 provisos. 
 
 143. Bonds shall be signed by whom ; shall specify; 
 
 amount. 
 
 144. Annual levy for interest and sinking fund. 
 
 145. Sinking fund, how used and employed. 
 
 146. Interest to be paid, when. 
 
 147. Payment of interest and principal, how se- 
 
 cured. 
 | 148. The clerk shall register bonds issued by the 
 
 board. 
 ! 149. Additional powers and duties of the board of 
 
 education. 
 
 i 150. Organization and officers of the board. 
 I 151. Refunding outstanding bonded debt. 
 
 152. Registration of funding bonds. 
 
 153. Annual levy of tax to pay interest and prin- 
 
 cipal of funding bonds. 
 
 154. Penalty for neglecting or refusing to levy 
 
 bond tax. 
 
 155. Use of money levied and collected under this 
 
 act. 
 
 Defined. SEC. 119. [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. 
 
SCHOOL LAWS OF KANSAS. 41 
 
 Board of Education. SEC. 120. [Laws 1881, Ch. 149, Sec. 2.] ID 
 each city under this act there shall be a board of education, consisting: 
 of three members from each ward, (who shall be and remain residents 
 of the ward for which they are elected during their term of office,) 
 to be elected by the qualified voters at large of the 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: Provided, That this amendment shall not affect nor 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 organized as a city of the first class, 
 the terms of office of any member of the board of education which 
 would expire prior to the first Monday of August after such organiza- 
 tion, is hereby extended to the said first Monday of August. 
 
 Vacancy in Board. SEC. 121. [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. 122. [Laws 1876, Ch. 122, Art. 10, Sec. 4.] 
 The board of education shall have power to select their own officers; to 
 make their rules and regulations, subject to the provisions of this act; 
 to establish a high school, whenever in their opinion the educational 
 interests 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. 123. [Laws 1876, Ch. 122, 
 Art. 10, Sec. 5.] The board of education shall at its first regular meet- 
 ing in August organize by the election of a president and vice president 
 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 board 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 members of the board now in office, is extended so that their 
 
42 SCHOOL LAWS OF KANSAS. 
 
 several terras of office shall expire on the first Monday of August instead 
 of the first Monday of May. 
 
 President SEC. 124. [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 
 otherwise provided for, and to sign all warrants ordered by the board 
 of education to be drawn upon the city treasurer for school moneys. 
 
 Vice President SEC. 125. [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. 126. [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 
 warrants 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 
 1st. The moneys received by the treasurer since last report, and from 
 what source received; 2d. The amount of sinking fund, and how in- 
 vested; 3d. The moneys paid out, to whom, and for what paid; 4th. 
 The balance of general fund in the hands of the treasurer ; 5th. The 
 number, date and 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 suclt compensation as the 
 board shall deem adequate. 
 
 Bond of Clerk. SEC. 127. [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. 128. [Laws 1876, Ch. 122, Art. 10, Sec. 10.] The 
 treasurer of the city shall be, ex officio, the treasurer of the board of 
 
SCHOOL LAWS OF KANSAS. 43 
 
 education; he shall attend all the meetings of the board when required 
 so to do, shall prepare and submit, in writing, a monthly report of the 
 state of its finances, 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. 
 
 No Compensation. SEC. 129. [Laws 1876, Ch. 122, Art. 10, Sec. 
 11.] No member of the board of education shall receive any pay or emol- 
 ument for his services. 
 
 Examining Committee ; Teachers. SEC. 130. [Laws 1876, 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 
 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 
 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 : 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. 131. [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. 132. [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 un- 
 der 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 per- 
 sonal 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 
 required 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 col- 
 lected, 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 certi- 
 fied to the county clerk shall be so certified on or before the 25th day 
 
44 SCHOdL LAWS OF KANSAS. 
 
 of August, annually: Provided, That the estimate and tax for the gen- 
 eral 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. 133. [Laws 1876, Ch. 122, Art, 10, Sec. 15.] All taxes 
 collected for the benifit of the public school 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. 134. [Laws 1876, Ch. 122, Art. 10, Sec. 16.] The 
 whole city shall compose a school district for all purposes of taxation, 
 but may be subdivided by the board of education into as many districts 
 as they may think proper. 
 
 Property. SEC. 135. [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. 136. [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. 137. [Laws 1876, Ch. 122, Art. 
 10, Sec. 19.] The regular meetings of the board of education shall be 
 upon tjie first Monday in each month, but special meetings may be held 
 from time to time, as circumstances may demand. 
 
 Annual Report. SEC. 138. [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. 139. [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 
 contract, 
 
 ^ Sectarian Doctrine. SEC. 140. [Laws 1876, Ch. 122, Art. 10, 
 Sec. 22.] No sectarian or religious doctrine shall be taught or inculcated 
 
SCHOOL LAWS OF KANSAS. 45 
 
 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. 141. [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. 142. [ Laws 1 876, Ch. 122, Art. 10, Sec. 24,] Whenever 
 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 provide 
 for or pay any indebtedness already made or incurred for such purposes, 
 it shall be lawful for the board of education to issue bonds and negotiate 
 and sell the same, but at not less than ninety cents on the dollar. 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, pay- 
 able semi-annually, and shall be payable in twenty years after their 
 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 
 provided further, That there shall not be outstanding at any one time 
 more than one hundred and sixty thousand dollars in the aggregate 
 amount of bonds issued by the board of education, under the authority 
 hereby given, or otherwise. 
 
 Execution. SEC. 143. [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, 
 and countersigned by the treasurer; 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 not be for a less sum than fifty dollars. 
 
 Levy for Interest and Sinking Fund, SEC. 144. [Laws 1876, 
 Oh. 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 
 the 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 first 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 appropriated for any other purpose, or in any other way, except 
 as hereinafter provided. 
 
 Use of Sinking Fund, SEC. 145. [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 of 
 education shall be used and employed or invested as follows: 
 
46 SCHOOL LAWS OF KANSAS. 
 
 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, purchase 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 dollars, the board shall purchase therewith like bonds, on the 
 same terms and conditions hereinbefore specified. 
 
 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. 
 Interest 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 
 education 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 
 issued 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. 146. [ Laws 1876, Ch. 122, Art. 10, Sec. 28.] When- 
 ever the interest of the above-mentioned bonds shall become due, the 
 same shall be paid by the treasurer. 
 
 Security. SEC. 147. [Laws 1876, Ch. 122, Art. 10, Sec. 29.] The 
 credit of the school fund of such city is hereby pledged to the payment 
 
SCHOOL LAWS OF KANSAS. 47 
 
 of the interest and principal of the bonds mentioned in this article, as 
 the same may become due. 
 
 Bond Begistry. SEC. 148. [Laws 1876, Ch. 122, Art. 10, Sec. 30.] 
 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 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. 149. [Laws 
 1879, Ch. 81, Sec. 1.] Section seventy-five of the act entitled "An act 
 to incorporate cities of the first class," approved February twenty- 
 fourth, eighteen hundred and sixty-eight, is hereby amended so that the 
 same shall read and be as follows: Section 75. The board of education 
 shall have power to elect their own officers, make all necessary rules for 
 the government of the schools of said city under its charge and control, 
 and of the said board, subject to the provisions of this act and the laws 
 of this state; to organize and maintain separate schools for the educa- 
 tion of white and colored children, except in the high school, where no 
 discrimination shall be made on account of color; to exercise the sole 
 control over the public schools and school property of said city ; and 
 shall have the power to establish a high school, and maintain the same 
 in whole or in part, by demanding, collecting and receiving a tuition 
 fee for and from each and every scholar or pupil attending such high 
 school. 
 
 Organization of Board, SEC. 150. [Laws 1879, Ch. 81, Sec. 2.] 
 That section seventy-six of the act in the first section mentioned as 
 amended by the act approved February tenth, eighteen hundred and 
 sixty-nine, shall be amended so that the same shall read as follows : 
 Section 76. The board of education shall, at its first regular meeting in 
 August of each year, organize by the election of a president and vice 
 president from its members, each of whom shall serve for one year, and 
 until his successor is elected and qualified. They may elect a clerk, and 
 a superintendent of public schools, neither of whom shall be a member 
 of said board, and who shall hold their respective offices during the 
 pleasure of the board. The board shall have the right, at any time and 
 at any regular meeting, to hold an election to fill any vacancy which 
 may occur 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 the annual reports of the president, superintendent, and of 
 the several committees, shall be presented to the board 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 members of the board now in office, is extended 
 
48 SCHOOL LAWS OF KANSAS. 
 
 so that their several terms of office shall expire on the first Monday of 
 August, instead of the first Monday of May. 
 Refunding of Outstanding Bonded Debt SEC. 151. [Laws 
 
 1879, Ch. 81, Sec. 3.] The board of education of any city of the first 
 class is hereby authorized and empowered to refund any and all out- 
 standing bonds heretofore issued by or by order of the said board, by 
 issuing new bonds to the holders of such outstanding bonds : Provided, 
 That such new bonds shall not be for a greater amount than the par 
 value of the bonds refunded. Such refunding bonds shall severally be 
 in such amount as said board shall direct, and shall state for what pur- 
 pose 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 semi-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 months' 
 interest upon the principal of such bond unpaid, after deducting all in- 
 stallments of principal 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 7 interest upon the principal of said bond unpaid, after deduct- 
 ing 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 surrendered therefor shall be surrendered 
 and delivered to the said board. All bonds refunded under the provi- 
 sions of this act shall be noted as surrendered and canceled on the regis- 
 try of the said board, and the same shall be destroyed in the presence 
 of said board. 
 
 ' Bonds Registered. SEC. 152. [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 elerk, and countersigned by the treasurer 
 of said city. 
 
 Levy of Bond Tax. SEC. 153. [Laws 1879, Ch. 81, Sec. 5.] The 
 .board of education, and a^y and all boards, body or officers, by law au- 
 
SCHOOL LAWS OF KANSAS. 49 
 
 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 
 collected, and, with the moneys so collected, pay and discharge the cou- 
 pons for which said tax or taxes were levied. And it shall be the duty 
 of the clerk of said board to forthwith, on the payment of any such 
 coupons, to note their payment upon the registry of said bonds, and 
 present the same to the board, and in their presence cancel the same in 
 such manner as the board shall direct; and said coupons shall be care- 
 fully preserved until the final payment of said bonds, and then destroyed, 
 and the possession of such coupons by the board shall be conclusive evi- 
 dence of their payment. And said board shall issue no bonds hereafter, 
 except the refunding bonds provided for by this act. 
 
 Penalty. SEC. 154. [Laws 1879, Ch. 81, Sec. 6.] If said board of 
 education, or other board, body or officer, whose duty it shall be to levy 
 taxes for the payment of -the coupons of the said bonds, as herein pro- 
 vided, shall neglect or refuse to levy the tax or taxes for the payment of 
 the coupons as by this act required, each member of such board or body, 
 and each officer, who shall vote against or otherwise oppose the levy and 
 collection of such tax or taxes, or shall do any act to prevent or delay 
 such levy and collection, shall be liable, jointly and severally, to each 
 and every holder of such bonds, or coupons of said bonds, which would 
 have been payable from such taxes if the same had been levied for the 
 whole amount unpaid on such coupons; and the same may be recovered 
 in a civil action in any court of competent jurisdiction, and judgment 
 rendered thereon may be collected and enforced in the same manner as 
 other judgments are collected and enforced; and any such officer so neg- 
 lecting or refusing to levy such tax shall also be deemed guilty of a 
 misdemeanor, and on conviction thereof shall be fined in an amount 
 equal to the amount which it may be shown should have been so levied 
 during such year, or imprisoned in the county jail for a term not less 
 than three nor more than twelve months. 
 
 Use of Money Levied and Collected under this Act. SEC. 
 155. [Laws 1879, Ch. 81, Sec. 7.] Moneys levied and collected and re- 
 ceived under and pursuant to this act shall not be used or employed for 
 any other purpose than the payment of coupons of the bonds by this act 
 4 
 
50 SCHOOL LAWS OF KANSAS. 
 
 authorized; and any member of said board, or officer, who shall cause 
 such money so collected to be used for any other purpose, temporary or 
 otherwise, whatever, or counsel or consent to the same being so used, 
 shall be liable, jointly and severally, to the holder of any of such bonds or 
 coupons for any coupons due, to be recovered and collected as in section 
 six hereof specified. 
 
 AKTICLE XI. PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 
 
 !56. Cities of the second class defined. 
 
 157. City schools free; who may be excluded. 
 
 158. Adjacent territory may be attached to city 
 
 for school purposes ; taxation in such cases ; 
 members of board. 
 
 159. Corporate name and style of city schools. 
 
 160. Cities of the second class to convey property 
 
 173. Taxable property subject to school tax. 
 
 174. Meetings of board, when held. 
 
 175. Annual report of board shall be published, 
 
 when. 
 
 176. Kestrictions regarding expenditures and con- 
 
 tracts. 
 
 177. No sectarian doctrines shall be taught in the 
 
 to board. city schools. 
 
 161. Conveyance, how executed. I 178. For what purpose the board may issue bonds; 
 
 162. Board of education, when and how elected; restrictions regarding interest; maturity 
 
 term of office. and sale of bonds ; proviso. 
 
 163. Vacancy, how filled. 179. How bond election shall be conducted. 
 
 164. Powers of the board. 180. Execution of bonds ; signed by whom ; speei- 
 
 165. Board shall organize, when and how. fications ; amount. 
 
 166. Duty of the president. 181. Annual levy for interest and sinking fund. 
 
 167. Duty of the vice president. 182. Investment of sinking fund. 
 
 168. Duty of the clerk. 183. Paid coupons, how indorsed. 
 
 169. Clerk shall give bond. 184. Payment of principal and interest, how se- 
 
 170. Duty of the treasurer. cured. 
 
 171. Superintendent of city schools; his duties, 185. Bonds issued by the board, to be registered 
 
 term of office and salary ; examining board, i by the clerk. 
 
 how constituted; teacher may be elected, 186. Oaths and bonds of the officers, etc. 
 
 how. 187. Treasurer of the board of education elected 
 
 172. Annual school tax not to exceed eight mills. I annually. 
 
 Defined, SEC. 156. [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 pop- 
 ulation over two thousand and not exceeding fifteen thousand inhabit- 
 ants, shall be governed by the provisions of this act ; and whenever any 
 city shall have hereafter attained a population exceeding two thousand 
 inhabitants, 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 description by metes and bounds of all the lands included 
 within the limits of such city, and the additions thereto, if any. 
 
 Free Schools. SEC. 157. [ 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 
 
SCHOOL LAWS OF KANSAS. 51 
 
 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 accommo- 
 dations are insufficient, exclude for the time being, children between the 
 ages of five and seven years. 
 
 Adjacent Territory. SEC. 158. [Laws 1876, Ch. 122, Art. 11, Sec. 
 3.] Territory outside the city limits, but adjacent thereto, may be attached 
 to such city for school purposes, upon application to the board of educa- 
 tion of such city by a majority of the electors of such adjacent territory; 
 and upon such application being made to the board of education, 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 attach- 
 ing 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 terri- 
 tory, at an election to be held at such place as the board of education 
 may designate. 
 
 Body Corporate. SEC. 159. [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. 160. [Laws 1876, Ch. 122, Art, 
 11, Sec. 5.] Any city of the second class is hereby authorized and required, 
 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. 
 
j}2 SCHOOL LAWS OF KANSAS. 
 
 How Executed. SEC. 161. [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. 162. [Laws 1876, Ch. 122, Art. 11, 
 Sec. 6.] At each annual city election there shall be a board of education, 
 consisting of two members from each ward, elected by the qualified 
 voters 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. 163. [Laws 1876, Ch. 192, Art. 11, Sec. 8.] 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 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. 161. [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 
 provisions 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 
 control over the schools and school property of the city. 
 
 Organization. SEC. 165. [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 until 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. 166. [Laws 1876, Ch. 122, Art. 11, Sec. 11.] 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 treasurer for school moneys. 
 
SCHOOL LAWS OF KANSAS, 53 
 
 Vice President SEC. 167. [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. 168. [Laws 1876, Ch. 122, Art. 11, Sec. 13.] It shall 
 be the duty of th'e 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. 169. [Laws 1876, Ch. 122, Art. 11, Sec. 14.] 
 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. 170. [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 pur- 
 pose of examining his accounts, all books and papers pertaining to his 
 office; he shall pay moneys only upon a warrant signed by the presi- 
 dent, 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 discharge of his duties of treasurer to such board. 
 
 Superintendent ; Examining Committee ; Teachers. SEC. 
 171. [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 examining 
 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 majoriy 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. 
 
54 SCHOOL LAWS OF KANSAS. 
 
 Annual School Tax, SEC. 172. [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, 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. 173. [Laws 1876, Ch. 122, Art.ll, Sec. 19.] 
 The taxable property of the whole city, including the territory attached 
 for school purposes, shall be subject to taxation. All taxes collected 
 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 edu- 
 cation. 
 
 Meetings of the Board. SEC. 174. [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. 175. [Laws 1876, Ch. 122, Art. 11, Sec. 21.] 
 The board of education, at the close of each school year, or as soon there- 
 after as practicable, shall make an annual report of the progress, pros- 
 perity 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. 176. [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 build- 
 ings or making any improvements shall be made except upon sealed 
 proposals, and to the lowest responsible bidder. 
 ^ Sectarian Doctrine. SEC. 177. [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 com- 
 ment, may be used therein. 
 
SCHOOL LAWS OF KANSAS. 55 
 
 Bond. SEC. 178. [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 indebt- 
 edness, 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 inter- 
 est 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 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 people, and a majority of the qualified electors who shall vote on the 
 question at an election called for that purpose shall have declared by 
 their votes in favor of issuing such bonds. 
 
 Bond Election. SEC. 179. [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 educa- 
 tion for the purpose of taking the sense of such district upon the ques- 
 tion 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 
 issued. 
 
 Execution of Bonds. SEC. 180. [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 inter- 
 est 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. 181. [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- 
 
56 SCHOOL LAWS OF KANSAS. 
 
 pose only, and shall not be appropriated in any other way except as 
 hereinafter provided. 
 
 Use of Sinking Fund. SEC. 182. [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 
 Kansas, 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. 183. [Laws 1876, Ch. 122, Art. 11, Sec. 29.] When- 
 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 in- 
 dorse 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. 184. [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. 185. .[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 number, date and amount of said bonds, and to whom made payable. 
 
 Oath of Office. SEC. 186. [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 
 constitution of the United States, the constitution of the State of Kan- 
 sas, and faithfully to 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. 187. [Laws 1879, Ch. 83, Sec. 1.] 
 There shall be elected on the first Tuesday of April, eighteen hundred 
 and seventy-nine, and every year thereafter, such councilmen, members 
 of the board of education, justices of the peace and constables, as are 
 required by law to be chosen at such election ; and at such first election 
 as herein provided, and on every alternate year thereafter, there shall be 
 elected a mayor, city treasurer, police judge, city attorney, and treasurer 
 of the board of education. The mayor shall appoint, by and with the 
 consent of the council, a city marshal, a city clerk and city assessor, and 
 may appoint an assistant marshal, city engineer, street commissioner, 
 and such policemen and other officers as they may deem necessary. The 
 officers so appointed and confirmed shall hold their offices for the term 
 
SCHOOL LAWS OF KANSAS. 
 
 57 
 
 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 councilmen, members of the board of education, jus- 
 tices of the peace, mayor, city treasurer, police judge, city attorney, and 
 treasurer of the board of education, shall hold their offices for the term 
 of two years, and all other officers 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 councilman and one member of the board of education 
 shall be elected from each ward at each annual election thereafter: Pro- 
 vided, 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. 
 
 ARTICLE XII. PUBLIC SCHOOLS IN PITIES OF THE THIRD CLASS. 
 ?188. Cities of the third class defined; government g!89. Shall not be detached for school districts, etc 
 of public schools. 
 
 Defined. SEC. 188. [Laws 1876, Ch. 122, Art. 12, Sec. 1.] Public 
 schools in incorporated cities which have not less than two hundred 
 and fifty and not over two thousand inhabitants, 'if not otherwise pro- 
 vided 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. 189. [Laws 1876, Ch. 122, Art. 12, Sec. 2.] That no por- 
 tion 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. 
 
 ARTICLE XIIL SCHOOL-DISTRICT BONDS. 
 
 190. Purposes for which district bonds may be is- 
 sued, and restrictions concerning the same. 
 
 191. Bond elections '^notices of, and how conducted. 
 
 192. Denominations, rates of interest, and disposal 
 
 of bonds. 
 
 193. Bonds must be registered. 
 
 194. Sinking fund, how provided and invested. 
 
 195. Penalty for issuing bonds without authority, 
 
 and for misappropriation of the proceeds. 
 
 196. Final disposition of paid bonds and coupons. 
 
 197. Districts not affected by this act. 
 
 198. Bond laws repealed. 
 
 199. The time of payment of bonds belonging to 
 
 the state permanent school fund may be 
 extended. * 
 
 $200. Bonds belonging to the state permanent 
 school fund may be paid before maturity. 
 
 201. Payment of bonds belonging to the state per- 
 
 manent school fund to be made to the state 
 treasurer. 
 
 202. State treasurer to inform county and city 
 
 treasurers of bonds belonging to the state 
 permanent school fund. 
 
 203. Remittance of funds to state treasurer. 
 
 204. Bonds to be canceled by state treasurer. 
 
 205. Penalty for city and county treasurers refus- 
 
 ing to act. 
 
58 SCHOOL LAWS OF KANSAS. 
 
 School -District Bonds. SEC. 190. [Laws 1879, Ch. 49, 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 direct- 
 ors of the same shall have power to issue the bonds of the district in 
 an amount not to exceed five 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 the power to issue the bonds 
 of the district in a sum not to exceed in amount its outstanding bonded 
 indebtedness : Provided, That no such bonds shall be issued until, at 
 an election called for that purpose, the question shall have been, sub- 
 mitted to the qualified electors of the district, and a majority of all the 
 qualified electors in the district shall have declared by their votes 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, and in no case less than ten 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 
 twenty-five persons between the ages of five and twenty-one years actu- 
 ally residing within the limits thereof, as shown by a sworn census re- 
 turn, taken by the direction of the board of directors of such school 
 district. 
 
 Election. SEC. 191. [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 
 question of the issuing of the bonds as prayed for, and forthwith to give 
 notice 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- 
 lons, 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. 
 
SCHOOL LAWS OF KANSAS. 59 
 
 Issuance. SEC. 192. [Laws 1879, Ch. 49, Sec. 3.] The bonds herein 
 provided for shall be issued in denominations of not less than one hun- 
 dred 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 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 arranged 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 director and countersigned by the clerk, 
 and after registration by the county clerk, shall be negotiable and trans- 
 ferable by delivery, and may be disposed 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 petition at which issuance of the bonds 
 was authorized. 
 
 Registration. SEC. 193. [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 
 register 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] payable; sixth, when due; seventh, when interest is due; eighth, 
 amount of bond. The county clerk shall furnish one copy of his regis- 
 ter to the county treasurer, and forward one copy to the state superin- 
 tendent, together with a statement, showing, first, the number of sections 
 of land in the district issuing such bonds ; second, the number of acres 
 of land assessed and subject to taxation in said district; third, the as- 
 sessed valuation of taxable lauds; 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. 194. [Laws 1879, Ch. 49, 
 Sec. 5.] It shall be th^ 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 
 
(JO SCHOOL LAWS OF KANSAS. 
 
 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 
 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; 
 second, in the bonds of other school districts of this state maturing be- 
 fore the bonds for which such fund is raised, provided the same can be 
 purchased 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. 195. [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, 
 signing 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 im- 
 prisonment. 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 competent jurisdiction, or by imprisonment in the county jail not 
 more than six months, or by both such fine and imprisonment. 
 
 Final Disposition. SEC. 196. [Laws 1879, Ch. 49, Sec. 7.] Oo 
 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 can- 
 celed bonds and coupons of his district, and take a receipt therefor, and 
 such canceled bonds and coupons shall be destroyed by the district treas- 
 urer in the presence of all the officers of the district, a complete record 
 of their destruction being made by the district clerk. On the last Sat- 
 
SCHOOL LAWS OF KANSAS. 61 
 
 urday 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, accom- 
 panied by the receipts 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. 
 
 Rights Saved. SEC. 197. [Laws 1879, Ch. 49, Sec. 8.] The pro- 
 visions of this act shall not tipply to any school district where any elec- 
 tion 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. 198. [Laws 1879, Ch. 49, Sec. 9.] Arti- 
 cle 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 
 repealed. 
 
 Time Extended. SEC. 199. [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. 200. [Laws 1879, Ch. 160, 
 Se#. 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 educa- 
 tion 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 offi- 
 cer paying the amount : Provided, That the state treasurer, before deliv- 
 ering 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, 
 
62 SCHOOL LAWS OF KANSAS. 
 
 and comparing it with the coupons attached to such bond or bonds, the 
 auditor shall credit the treasury with the amounts shown to be canceled 
 before maturity: Provided, That nothing in this section shall be con- 
 strued to apply to bonds exchanged under the provision of section one 
 of this act. 
 
 Payable at State Treasury. SEC. 201. [Laws 1877, Ch. 174, 
 Sec. 1.] From and after the passage of this act, the interest and principal 
 of all bonds now belonging or which may hereafter belong to the perma- 
 nent 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. 202. [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 
 treasurer, 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. 203. [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 col- 
 lected 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. 204. [Laws 1877, Ch. 174, Sec. 4.] On receipt 
 of any funds by the state treasurer, he shall immediately cancel all cou- 
 pons 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. 205. [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 lia- 
 ble to the state in a sum equal to double the amonnt of such bonds or 
 coupons remaining unpaid by reason of such neglect or refusal, which 
 may be recovered in a suit at law against such treasurer and his bonds- 
 men; 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. 
 
SCHOOL LAWS OF KANSAS. 
 
 63 
 
 ARTICLE XIV. SCHOOL LANDS. 
 
 g 206. What school lands may be sold. j 225. 
 
 207. Petition for sale to be signed, etc.; appoint- | 
 
 ment and duties of appraisers; minimum j 
 price. i 226. 
 
 208. County clerk shall record appointment and [ 227. 
 
 file appraisement. 
 
 209. Persons who may claim privilege of purchas- 
 
 ing at appraised value; claimant must file \ 
 petition in probate court. 228. 
 
 210. Proceedings in probate court; right of ap- 
 
 peal. 
 
 211. Claimant may purchase one quarter-section 
 
 at appraised value, when ; county treasurer 229. 
 shall dispose of unsold portion, how. 
 
 212. Terms of payment for other lands. 230. 
 
 213. County clerk shall issue certificate to pur- , 
 
 chaser; attorney general shall prepare j 231. 
 form for certificate. 232. 
 
 214. Interest on deferred payments, how appro- 
 
 priated. 233. 
 
 215. Purchaser credited on record of county clerk, 234. 
 
 how. 
 
 216. Clerk shall transmit to auditor, when. 235. 
 
 217. State auditor shall debit and credit each 
 
 county treasurer, how. 236. 
 
 218. County treasurer shall pay over moneys to 237. 
 
 state treasurer, when ; penalty for failure 
 
 to pay over. 238. 
 
 219. Purchaser shall not commit waste ; lands j 
 
 purchased under this act are taxable. 
 
 220. Governor shall issue patent to purchaser, 
 
 when. 
 
 221. In case of failure to pay interest, etc., when, 240. 
 
 due, title to land forfeited ; county attorney 241. 
 shall proceed to eject. 
 
 222. Forfeited lands may be reappraised, when. 
 
 223. Who shall not be allowed to purchase. 242. 
 
 224. Proceeds of sale, how invested. 
 
 May be Sold, SEC. 206. [Laws 1876, Oh. 122, Art. 14, Sec. 1.] 
 All lands granted by the congress of the United States for school pur- 
 poses, known as sections sixty [sixteen] and thirty-six, together with 
 all such as hav been granted in lieu of said sections, may be sold, and 
 such sale shall be regulated by the provisions of this act. 
 
 Appraisement SEC. 207. [Laws 1876, Ch. 122, Art. 14, Sec. 2.] 
 Whenever twenty householders of any organized township in which the 
 land is situated, shall petition the superintendent of public schools of 
 such county to expose to sale any portion or portions of said land, 
 describing the same, he shall, by and with the consent of the county 
 commissioners of his county, appoint, in writing, three disinterested 
 householders, residing in the county in which said land is situated, who, 
 being first duly sworn by an officer authorized to administer oaths, to 
 faithfully perform their duties, shall appraise each legal subdivision of 
 
 Lands may be sold at private sale to actual 
 settlers, when, in what quantities, and at 
 what price. 
 
 Privilege of school district to purchase site. 
 
 Fees allowed for specified services ; timbered 
 lands may be surveyed ; county treasurer 
 shall pay on order of county superintend- 
 ent. 
 
 County superintendent shall transmit ab- 
 stract of orders to state auditor, when ; 
 state treasurer shall give additional bonds 
 as custodian of bonds and securities. 
 
 State auditor shall include in his annual re- 
 port a statement of sales of school lands. 
 
 County clerk shall furnish state auditor with 
 requisite data for a report. 
 
 Penalty for trespass on school land ; fine. 
 
 Trespasser shall be brought before justice, 
 how. 
 
 Procedure in justices' courts. 
 
 Court having criminal jurisdiction shall give 
 special charge to grand jury. 
 
 Duty of whom to take notice and file com- 
 plaint. 
 
 County attorney shall prosecute. 
 
 Fines collected for trespass to be paid into 
 the county school fund. 
 
 Purchasers may recover forfeited rights, 
 when. 
 
 County clerk shall report sales of school lands 
 to state auditor, when ; penalty for failure 
 to report. 
 
 Duty of auditor, if clerk fails to report. 
 
 Purchaser shall pay, annually, the amounts 
 specified in his bond, and shall receive 
 from county treasurer duplicate receipts. 
 
 Duty of auditor if county treasurer fails to 
 pay over moneys arising from sale of school 
 
64 SCHOOL LAWS OF KANSAS. 
 
 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 lauds 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. 208. [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' Rights. SEC. 209. [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 ap- 
 praisement, 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. 210. [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 instruc- 
 tion may appear and introduce testimony to controvert said facts; and if 
 said petitioner fails to establish the truth of his petition, he shall be ad- 
 judged to pay the costs. If he feels himself aggrieved by the decision 
 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 ad- 
 judged 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 notice shall have been filed, the appeal shall be granted, and the 
 probate court shall transmit to the clerk of the district court 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 
 
 SEC. 209. 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 219, and section 231-237 
 of this article. 
 
SCHOOL LAWS OF KANSAS. 65 
 
 court shall have jurisdiction of the cause, and shall proceed to hear, try, 
 and determine the same anew, without regard to any error, defect, or 
 other imperfection in the proceedings in the probate court. 
 
 Notice of Sale, etc. SEC. 2 1 1 . [ Laws 1876, Ch. 1 22, Art. 14, Sec. 6.] 
 In all cases where the court shall find that the petitioner has settled upon 
 and improved school lands, as set forth in his petition, the petitioner may 
 purchase the said lands, not exceeding one quarter-section, for the ap- 
 praised value thereof, exclusive of the value of the improvements. The 
 county treasurer shall then offer the unsold portion of all school lands 
 for sale at public auction, after giving four weeks' notice thereof in some 
 newspaper published in such county; and in case no such paper is pub- 
 lished in such county, then said notice shall be given by posting the same 
 at each voting precinct in such county at least four weeks previous to the 
 sale; (and that any person may and shall have the privilege of making 
 a bid or offer for said lands, between the hours of ten o'clock A. M. and 
 three o'clock P. M. of said day of sale.) Said notice shall contain a de- 
 scription of the land and improvements, if any, thereon, with the ap- 
 praised value thereof, and a statement (of the hours of sale, which shall 
 be between the hours of ten o'clock A. M. and three o'clock p. M., as afore- 
 said,) and the place of sale; and no bid at said sale shall be received for 
 less than the appraised value of said land and improvements. Timber 
 land may be subdivided into lots of such size as the superintendent of 
 public instruction and appraisers may deem best; and in all cases one- 
 half the purchase-money for timber land shall be paid at the time of 
 purchase, and the purchaser shall give a good and sufficient bond for the 
 payment of the remainder, as for other lands sold under this act. 
 
 Terms of Payment SEC. 212. [Laws 1879, Ch. 162, Sec. 1.] Any 
 person purchasing such land shall pay to the treasurer of the county in 
 which the same is situate, one- tenth of the amount of the purchase-money, 
 taking therefor a receipt, which he shall present to the county clerk, 
 together with a bond in double the amount of the purchase-money un- 
 paid, conditioned that he will not commit waste upon said land, and that 
 he will pay the balance of said purchase- money in twenty years, and in- 
 terest to be paid annually thereon at the rate of seven per cent, per an- 
 num, as the same becomes due: Provided, That the purchaser may pay 
 the balance of the purchase-money at any time, or in installments of not 
 less than twenty-five dollars: Provided, also, Any person having here- 
 tofore purchased such land and made partial payment of the purchase- 
 money thereof, and who has not defaulted in the payment of interest and 
 taxes due upon such purchase, may, upon the expiration of the time 
 Avhen the unpaid part .of such purchase-money becomes due, have the 
 5 
 
QQ SCHOOL LAWS OF KANSAS. 
 
 time of said final payment extended twenty years, by presenting to the 
 county clerk of the county in which said land is situate a new bond in 
 double the amount of the purchase-money remaining unpaid, said bond 
 conditioned the same as the bond aforementioned in this section. 
 
 Certificate of Purchase. SEC. 213. [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. 214. [Laws 1876, Ch. 122, Art, 14, 
 Sec. 9.] The interest on the deferred payments of the lands sold under 
 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. 215. [Laws 1876, Ch. 122, Art. 14, Sec. 10.] The 
 purchaser, when he pays to the 'county treasurer the interest, as it be- 
 comes 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. 21 6. [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. 217. [ 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. 
 ^ County Treasurers. SEC. 218. [Laws 1876, Ch. 122, Art. 14, 
 Sec. 13.] The treasurers of the several counties shall pay over, semi- 
 annually, to the treasurer of the state, the amount received in their 
 
SCHOOL LAWS OF KANSAS. 67 
 
 counties from the sale of school land, taking receipts therefor, which, 
 when indorsed by the auditor of state, shall be presented to the clerk of 
 his county, who shall credit him with the amount of the same; and any 
 treasurer failing so to do shall be liable in double the amount not paid 
 over, on his official bond, to be recovered by action in the district court, 
 in the name of the state of Kansas. 
 
 Waste; Taxation, SEC. 219. [Laws 1879, Ch. 161, Sec. 1.] No 
 purchaser of school land, prior to his obtaining title to the same, shall 
 commit any waste upon such land, or take or remove mineral or timber 
 from the same, other than for use upon or improvements of said land. 
 The lands purchased under this act shall be subject to taxation, as other 
 lands ; and in case of non-payment of any taxes charged thereon, the 
 said lands may be sold, as in other cases, but the purchaser at such sale 
 shall be subject to all the conditions of the bond of the original maker, 
 and of the certificate of purchase : Provided, That such purchaser of said 
 school land shall be allowed one year from the date of the certificate of 
 sale of such land for such taxes, in which to redeem from such tax sale, 
 by complying with the provisions of law relating to the redemption of 
 land from tax sale, and paying to the county treasurer, for the benefit 
 of the holder of such tax certificate, all installments of interest or other 
 payments which such holder of tax certificate has been compelled to pay 
 in order to prevent a forfeiture of the rights of purchaser of school land, 
 under the provisions of section sixteen of this act. 
 
 Patent SEC. 220. [Laws 1876, Ch. 122, Art. 14, Sec. 15.] On pre- 
 sentation of a certificate of the county clerk, showing that any person 
 has paid the full amount of the purchase-money, and all interest due, 
 for any portion of said school lands, with a certificate thereon, indorsed 
 by the auditor of state, showing that he has charged the county treas- 
 urer of the county where the land is situated with the full amount of 
 the purchase- money mentioned in said certificate, the governor of the 
 state shall issue a patent to the purchaser, his heirs or assigns, for the 
 same, which said patent shall convey to the patentee a full title in fee 
 simple to said lands. 
 
 Forfeiture; Fees. SEC. 221. [Laws 1879, Ch. 161, Sec. 2.] If any 
 purchaser of school land shall fail to pay the annual interest when the 
 same becomes due, or the balance of the purchase-money when the same 
 becomes due, it shall be the duty of the county clerk of the county in 
 which such land is situated, immediately to issue to the purchaser a no- 
 tice 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, together 
 with the costs of issuing and serving such notice, within sixty days from 
 the service thereof, the said purchaser, and all persons claiming under 
 
(Jg SCHOOL LAWS OF KANSAS. 
 
 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 pay- 
 ment then exists. The notice above provided for shall be served by 
 the sheriff 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 allowed 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 is- 
 sue and service of the notice above provided for be not paid by the pur- 
 chaser of such land, 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 affi- 
 davits 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 heretofore 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 pur- 
 chasers 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 cent, per annum 
 on all interest in default from the date of default to date of full pay- 
 ment: Provided, Such payment shall be made within six months from 
 the first day of April, ] 879 : And provided, When such lands shall have 
 been disposed of to other persons, in pursuance of law, no interest ob- 
 tained shall be affected by this act : And provided further, That all ex- 
 
SCHOOL LAWS OF KANSAS. 69 
 
 penses 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. 222. [Laws 1879, Ch. 161, Sec. 3.] Land 
 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: Pro- 
 vided, 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 reappraisement shall be conducted according to the provisions 
 of this act, and the sales upon the same shall be conducted in all respects 
 in accordance with the provisions of this act. 
 
 Unlawful Purchase. SEC. 223. [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 lands appraised by them. 
 
 Investment of Proceeds. SEC. 224. [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 of 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. 225. [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 
 purchaser: 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 of 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 of 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 purchasing 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. 226. [Laws 1876, Ch. 122, 
 Art. 14, Sec. 21.] Any school district shall be entitled to purchase and 
 
70 SCHOOL LAWS OF KANSAS. 
 
 acquire, for a school-house site, any quantity of land, not exceeding 
 two 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. 
 
 Fees, SEC. 227. [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 recording 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 books 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 
 except as provided for in this act. The printer, for publication of no- 
 tice for sale of school lands, shall receive legal rates. The probate 
 judge shall be allowed the same fees under this act as for similar ser- 
 vices in his court. The county attorney, sheriff and district clerk shall 
 receive for their respective services, under this act, the fees allowed by 
 law for similar services. 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 ad- 
 minister 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 pro- 
 vided by law. 
 
 County Superintendent's Abstracts. SEC. 228. [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 ser- 
 ~i?' h l ch amounts sha11 be^credited to the ^treasurer of the proper 
 
SCHOOL LAWS OF KANSAS. ' 71 
 
 county. The treasurer of state shall be the custodian of all bonds or 
 securities 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. 229. [Laws 1876, Ch. 122, Art. 
 14, Sec. 24.] That it shall be the duty of the auditor of state to incor- 
 porate in his annual report to the governor each year, by counties and in 
 the aggregate 
 
 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' orderfs] 
 allowed for expenses incurred in the sale of lands; and the amount oi 
 unpaid installments bearing ten per cent, interest. 
 
 Third: The number of acres of school lands sold in each county dur- 
 ing the year ending the first of July preceding the annual report; the 
 amount paid [as] principal; the amount of superintendents' orders al- 
 lowed; 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 
 report, 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. 230. [Laws 1876, Ch. 122, Art. 14, 
 Sec. 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 ot 
 this act, on or before the first day of October in each year. 
 
 Trespass on School Lands. SEC. 231. [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 here- 
 after be set apart for the use of schools, or any other state institutions, 
 or cut, destroy or carry away any wood, standing or being upon or grow- 
 ing 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 exceed- 
 ing one thousand dollars, and confined in the county jail not less than 
 one month and not more than six months. 
 
72 SCHOOL LAWS OF KANSAS. 
 
 Complaint of Trespass. SEC. 232. [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 provisions 
 of the preceding section of this act, it shall be the duty of such justice 
 to issue his warrant, under his hand, reciting the substance of the com- 
 plaint, 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. 233. [Laws 1876, Ch. 122, 
 Art. 14, Sec. 28.] Upon such person being brought before such justice r 
 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 
 satisfaction 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. 234. [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. 235. [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 consta- 
 bles, to take notice of all trespasses committed on school lands in their 
 respective counties, and immediately file a complaint against any person 
 violating this act, before the proper authorities. 
 
 County Attorney. SEC. 236. [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. 237. [Laws 1876, Ch. 122, Art. 14, Sec. 32.] All dam- 
 ages, 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. 
 
 Recovery of Forfeited Rights SEC. 238. [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 exist- 
 
SCHOOL LAWS OF KANSAS. 73- 
 
 ing 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 them- 
 selves of the benefits of this act. 
 
 Report of Sales; Penalty. SEC. 239. [Laws 1 876, 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 report 
 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. 240. [Lawsl876,Ch.l26,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 
 attorney general of the state, who shall at once institute the necessary 
 proceedings to punish said neglect of duty. 
 
 Payments, How Made. SEC. 241. [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 purchaser 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. 
 
 Prosecution of County Treasurers. SEC. 242. [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 
 immediately to require the prosecuting attorney of the proper county to 
 prosecute the delinquent under the provisions of section thirteen of the 
 act to which this [is] amendatory. 
 
74 SCHOOL LAWS OF KANSAS. 
 
 ARTICLE XV. STATE PERMANENT SCHOOL FUND. 
 
 #243. Board of school-fund commissioners, how 
 composed and organized. 
 
 256. Probate court to order sale of estate described 
 in petition. 
 
 244. Meetings. 257 - Proceeds of sale to be paid through county 
 
 245. Records of school-fund commissioners. 
 
 246. Register of bonds offered for sale. 
 
 247. Bonds in which the different funds may be 
 
 invested. 
 
 248. Transactions of the board of commissioners. 
 
 249. Records of the condition of funds. 
 
 250. Where the records shall be kept. 
 
 251. Orders to be drawn in payment for bonds 
 
 purchased. 
 
 252. 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. 
 
 253. The commissioners shall collect moneys due 
 
 different funds. 
 
 254. Compensation of board. 
 
 255. Where person dies without heir and will, 
 
 county superintendent may file petition 
 
 treasurer into state permanent school fund. 
 
 258. All bonds belonging to state permanent 
 
 school fund shall be consolidated, how. 
 
 259. Consolidated bonds shall be registered. 
 
 260. Registration of bonds. 
 
 261. Registration of bonds. 
 
 262. Bonds to b indorsed, how. 
 
 263. State treasurer's statement to state auditor. 
 
 264. Cancellation of bonds paid. 
 
 265. Comparison of registers kept by auditor and 
 
 treasurer. 
 
 266. Penalty for delinquency of state treasurer. 
 
 267. Rate of interest may be reduced. 
 
 268. Payment of bonds owned by the state. 
 
 269. Proceeding when bonds are exchanged. 
 
 270. Cancellation of bonds and record of ex- 
 
 change. 
 
 271. How funding bonds are to be stamped. 
 
 in probate court. 
 
 School Fund Commissioners. SEC. 243. [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 the 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. 244. Such board of commissioners shall meet regu- 
 larly 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. 
 
 Records. SEC. 245. [Laws 1879, Ch. 166, Sec. 114.] Said commis- 
 sioners 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. 246. [Laws 1879, Ch. 166, Sec. 116.] They 
 shall also keep such other books as may be necessary to properly register 
 and describe all bonds offered to them, and all bonds bought by them for 
 the benefit of the permanent school, state agricultural college, state nor- 
 mal school and state university funds, or either. Such record books 
 
SCHOOL LAWS OF KANSAS. 75 
 
 shall be ruled so as to enable the board to register the name and resi- 
 dence 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 re- 
 spectively 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. 247. [Laws 1879, Ch.166, Sec. 117.] Said board 
 of commissioners shall have the power, and it is hereby made their duty, 
 from time to time to invest any moneys belonging to the permanent 
 school, state agricultural college, state normal school and state university 
 funds in the bonds of the state of Kansas, or of the United States, and 
 school-district bonds of the several school districts of the state of Kan- 
 sas. In making such investments they shall give preference to the bonds 
 of the state of Kansas and school-district bonds, whenever the same can 
 be procured most advantageously to the said funds; but they shall not 
 pay for any state or school-district 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 purchas- 
 ing the same. 
 
 Quorum and Business. SEC. 248. [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 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. 249. [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 superin- 
 tendent of public instruction shall biennially report all such investments 
 to the governor, to be laid before the legislature. 
 
 Office and Records. SEC. 250. [Laws 1879, Ch. 166, Sec. 120.J 
 All the records and record books of such board shall be kept in the of- 
 fice 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 
 
76 SCHOOL LAWS OF KANSAS. 
 
 and other state officers, and any member or committee of the legislature 
 or either house thereof. 
 
 Orders to be Drawn, SEC. 251. [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 bereby 
 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 on the bonds purchased; which orders, previous to their delivery, 
 shall be registered by the state treasurer in a book provided for that 
 purpose. 
 
 Custodian. SEC. 252. [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 
 commissioners. 
 
 Collection of Moneys. SEC. 253. [Laws 1879, Ch. 166, Sec. 122.] 
 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- 
 ceed to collect the same by civil action to be brought and prosecuted in 
 the name of the state. 
 
 Compensation. SEC. 254. [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. 255. [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 with- 
 out heirs and will, after a lapse of three years from the date of letters of 
 administration 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. 
 
SCHOOL LAWS OF KANSAS. 77 
 
 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. 256. [Laws 1876, Ch. 122, Art. 15, Sec. 
 8.] It shall be the duty of the probate court, on the filing of the peti- 
 tion 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 pro- 
 vided by law for the sale of real estate for the payment of the debts of 
 any deceased person. 
 
 Proceeds of Sale. SEC. 257. [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 
 therefor; and it shall be his duty to file one of such duplicates with the 
 probate 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 prove heirship satisfactorily to the probate court, 
 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. 258. [Laws 1876, Ch. 122, Arc. 15, 
 Sec. 11.] It is hereby made the duty of the school fund commissioners 
 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 im- 
 printed on their face the words, "Not transferable." All bonds pre- 
 sented by the school fund commissioners shall, in their presence, be 
 
78 SCHOOL LAWS OF KANSAS. 
 
 canceled and destroyed by the auditor of state, after a consolidated bond 
 shall have been issued for the same. 
 
 Registry of Bonds, SEC. 259. [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. 260. [Laws 1877, Ch. 172, Sec. 1.] Immediately 
 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. 261. [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. 262. [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 depos- 
 ited with the state treasurer, or which may be hereafter purchased by 
 the commissioners 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. 263. [Laws 1877, Ch. 172, Sec. 4.] 
 That it shall be the duty of the state treasurer, immediately after col- 
 lecting 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. 264. [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 regis- 
 ter in his office, and charge the treasurer with the amounts. 
 
 Bonds to be Compared. SEC. 265. [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 
 
SCHOOL LAWS OF KANSAS. 79 
 
 require the treasurer to produce all coupons and bonds remaining un- 
 paid, which shall be compared with the register. 
 
 Penalty. SEC. 266. [Laws 1877, Ch. 72, Sec. 7.] That any state 
 treasurer who shall fail or refuse to comply with the provisions of sec- 
 tion three and section five of this act shall be deemed guilty of having 
 converted 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 hun- 
 dred and two, general statutes of the state of Kansas. 
 
 Time Extended. SEC. 267. [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 per- 
 manent school funds now in the state treasury for other bonds of the 
 same district bearing 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 ye-ars 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. 268. [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 un matured 
 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, to- 
 gether 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: Provided, That nothing in this section shall be con- 
 strued to apply to bonds exchanged under the provisions of section one 
 of this act. 
 
 Manner of Exchange. SEC. 269. [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 num- 
 
30 SCHOOL LAWS OF KANSAS. 
 
 her , 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 authorized 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. 270. [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, together with the coupons un matured 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 un matured coupons attached to each bond. Upon receipt of 
 such certificate the auditor of state shall compare the same with the cer- 
 tificate filed by the board of commissioners, and if found to be correct, 
 shall cancel 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. 271. [Laws 1879, Ch. 160, 
 -Sec. 5.] All bonds accepted as funding bonds by the board of commis- 
 .-sioners 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. 
 
 ARTICLE XVI. STATE ANNUAL SCHOOL FUND. 
 
 ..2272. State annual school fund shall consist of 276. Treasurer shall pay county treasurer on or- 
 der of state superintendent. 
 273. State treasurershall hold annual school fund 277. State treasurer shall give bonds 
 
 subject to order of state superintendent. ; 278. County treasurer shall apply to state treas- 
 , Treasurer shall report to superintendent the j urer for school moneys apportioned to 
 
 amount of annual school fund in treasury, j county. 
 
 . Treasurer shall report on the 15th day of j 279. County treasurer, upon proper application 
 
 February and August of each year the 
 amount of annual school fund in the 
 treasury. 
 
 shall pay over to district treasurer moneys. 
 280. Each insurance company doing business in 
 the state shall annually pay fifty dollars 
 
 j r~j -. 
 
 into the state annual school fund. 
 
 Shall Consist of What, SEC. 272. [Laws 1876, Ch. 122, Art. 
 16, Sec. 1.] For the purpose of affording the advantages of a free edu- 
 
SCHOOL LAWS OF KANSAS. 81 
 
 cation 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 levy 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. 273. [Laws 1876, Ch. 122, Art. 16, Sec. 2.] 
 The state treasurer shall receive all the annual income of the state ap- 
 propriated 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 in- 
 struction. 
 
 Report SEC. 274. [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 dis- 
 bursement, 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 in- 
 vestments, 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 
 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. 275. [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. 276. [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. 277. [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 treasurer of the school fund of the state, with sufficient sureties, to 
 be approved by the governor and superintendent of public instruction, 
 conditioned 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. 
 
32 SCHOOL LAWS OF KANSAS. 
 
 County Treasurer. SEC. 278. [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. 279. [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. 280. [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 dol- 
 lars each year. 
 
 ARTICLE XVII. COUNTY SCHOOL FUND. 
 
 285. No compensation. 
 
 286. Penalty if county treasurer fails to pay over. 
 
 287. Unclaimed money shall be paid by adminis- 
 
 trator into county school fund, when. 
 
 288. Fines and penalties paid into common-school 
 
 fund. 
 
 281. County treasurer shall collect all moneys due 
 to the county school fund. 
 
 282. County clerk shall report amount of county 
 
 school fund to county superintendent. 
 
 283. Justices shall report to county superintend- 
 
 ent proceeds of fines and estrays. 
 
 284. Moneys and property, to be delivered to 
 
 whom. 
 
 County Treasurer. SEC. 281. [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 
 treasurer of any district in the county, pay over to the said district 
 treasurer the amount apportioned to the district by the county superin- 
 tendent. He shall also collect the delinquent taxes on real estate in any 
 district, in the same manner as county taxes are collected, whenever such 
 delinquent 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 deliver 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 mis- 
 demeanor, and be punished by a fine not exceeding five hundred dollars, 
 or by imprisonment in the county jail not [exceeding] one year. 
 
 County Clerk. SEC. 282. [Laws 1876, Ch. 122, Art. 17, Sec. 2.] 
 The county clerk of each county shall, on the first Mondays of March 
 
SCHOOL LAWS OF KANSAS. 83 
 
 and July of each year, make out and transmit to the county superin- 
 tendent a true statement of any county school money then in the county 
 treasury. 
 
 Justice of the Peace, SEC. 283. [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 re- 
 port to the county superintendent, shall promptly pay all of said pro- 
 ceeds to the county treasurer, to be disbursed by the county superin- 
 tendent at the next ensuing semi-annual dividend. 
 
 Moneys and Property. SEC. 284. [Laws 1876, Ch. 122, Art, 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. 285. [Laws 1876, Ch.122, Art, 17, Sec. 5.] 
 No county treasurer shall receive any compensation for disbursing or 
 receiving either county or state school moneys. 
 
 Fine. SEC. 286. [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. 287. [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. 288. [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. 
 
 ARTICLE XVIII. COMPULSORY ATTENDANCE AT SCHOOL. 
 
 J289. Number of weeks children are required to at- 
 tend school. 
 
 290. Penalty for failure to comply with the pro- 
 visions of this act. 
 
 $291. Duty of school officers; penalty. 
 292. Malicious prosecution. 
 
 Children Shall Attend School. SECTION 289. [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 
 
34 SCHOOL LAWS OF KANSAS. 
 
 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 
 education of the city in which such parent, guardian, or person having 
 control resides, upon its being shown to their satisfaction that such 
 parent or .guardian was not able by reason of poverty to clothe such 
 child properly; 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 branches as are usually taught in the public schools, subject to 
 the same examination as other pupils of the district or city in which the 
 child resides; or that he has already acquired the ordinary branches re- 
 quired by law; or that there is no school taught within two miles by 
 the nearest traveled road. 
 
 Penalty for Violation of this Act SEC. 290. [Laws 1874, Ch. 
 1.22, Sec. 2.] Any parent, guardian or other person, failing to comply 
 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 than 
 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 pros- 
 ecuted in the name of the state of Kansas before any court of compe- 
 tent jurisdiction; and all fines so collected shall be paid into the county 
 treasury for the support of common schools. 
 
 Duty of School Officers; Penalty. SEC. 291. [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- 
 sons, if any, therefor, and shall forthwith proceed to secure the prosecu- 
 tion 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 or 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 collected, shall be paid into the county treasury as in section 2 of 
 this act. 
 
 Malicious Prosecution. SEC. 292. [ Laws 1876, Ch. 122, Sec. 4.] 
 That upon the trial of any offense, as charged herein, if upon such trial 
 
SCHOOL LAWS OF KANSAS. 85 
 
 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. 
 
 AKTICLE XIX. UNORGANIZED COUNTIES. 
 
 293. Unorganized counties, where attached. 296. Entitled to school funds. 
 
 294. Deputy superintendent and his duties. 297. Apportionment of school funds. 
 
 295. Penalty for failure to report. 298. Governed by general school laws. 
 
 Unorganized Counties, SEC. 293. [Laws 1879, Ch. 159, Sec. 1.] 
 All unorganized counties in the state of Kansas, by law attached to or- 
 ganized counties for judicial purposes, are and hereafter shall be attached 
 to the same counties respectively for school purposes. 
 
 Deputy Superintendent, SEC. 294. [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 un- 
 organized county, subject to the approval of the superintendent of public 
 instruction in said organized county. The deputy superintendent of pub- 
 lic 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 statement of 
 the number of school districts or parts of districts in the unorganized 
 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 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 re- 
 ceived 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 other information 
 as the state superintendent of public instruction may require. 
 
 Deputy's Report, SEC. 295. [Laws 1879, Ch. 159, Sec. 3.] Every 
 deputy superintendent who shall neglect or refuse to make and deliver 
 
g(J SCHOOL LAWS OF KANSAS. 
 
 to the county superintendent of public instruction his annual report, as 
 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. 296. [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 
 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 
 treasurers in such unorganized county or counties attached. 
 
 Apportionment SEC. 297. [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. 298. [ 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 quali- 
 fied voters at such annual or special meetings shall have the same pow- 
 ers 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 amendatory 
 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. 
 
 AETICLE XX. PROVIDING FOR A FOUR-MONTHS SCHOOL, WHEN. 
 
 299. Four months school required, if school I 301. Failure of school board to hire teacher by 
 house be good. December 1, yearly; duty of superintend- 
 
 ). Levy of tax for same; manner of. ent in that case ; provisos. 
 
 SEC. 299. [Laws 1881, Ch. 150, Sec. 1.] That in all school districts 
 in this state in which there is a good and sufficient school building, a 
 
SCHOOL LAWS OF KANSAS. 87 
 
 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. 300. [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 
 district 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, immedi- 
 ately 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 
 months 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 such county for 
 that year, and such tax shall be collected at the same time and in like 
 manner as other taxes are collected. 
 
 SEC. 301. [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 
 expenses 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 by said county superintendent, and the filing of a sworn itemized 
 statement of the several amounts so found due by such person or per- 
 sons : Provided, That any qualified voter of such district is hereby au- 
 thorized 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 as 
 is provided for by this act. 
 
INDEX. 
 
 ACT OF ADMISSION PAGE. 
 
 Educational provisions of the organic act 3 
 
 Educational provisions of the State Constitution 3, 4 
 
 Educational provisions of the act of admission , 5 
 
 APPEALS 
 
 In the alteration of joint school district, appeal may be made to State Super- 
 intendent, how 16 
 
 From decision of the County Superintendent on the formation of a school dis- 
 trict 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 27 
 
 From Probate to District Court in sales of school lands 64 
 
 APPOINTMENTS 
 
 To fill vacancy in the office of County Superintendent 13 
 
 Of district omcer to fill vacancy 13, 22 
 
 Of appraisers of school lands 63 
 
 APPORTIONMENT OF PUBLIC SCHOOL MONEYS 
 
 When and how made to counties 7 
 
 When and how made to school districts and union districts 11, 38 
 
 When and how made to cities 11, 38 
 
 APPRAISEES OF SCHOOL LANDS 
 
 How appointed 63 
 
 Shall be sworn 63 
 
 Shall appraise each legal subdivision of school land separately, at its real 
 
 value 63, 64 
 
 Shall appraise improvements (if any) on each subdivision of land separately, 64 
 
 Shall file appraisement with County Clerk 64 
 
 May, in conjunction with County Superintendent, subdivide timber land into 
 
 suitable lots , 65 
 
 Shall not, directly or indirectly, purchase school lands appraised by them 69 
 
 Shall receive for their services two dollars per day 70 
 
 ATTENDANCE AT SCHOOL Compulsory 82 
 
 ATTORNEY GENERAL 
 
 Shall serve as member of Board of Commissioners of Permanent School Fund, 4 
 Shall examine and give opinion on statement of facts submitted by State Su- 
 perintendent of Public Instruction 8 
 
 Shall prepare form of certificate for sale of school lands 66 
 
 Shall bring action against County Clerks who fail to report to Auditor of State, 73 
 
 Shall bring action to collect unpaid moneys belonging to permanent school fund, 76 
 
INDEX. 89 
 
 AUDITOR OF STATE 
 
 Shall debit and credit County Treasurers for sales of school lands, how 66- 
 
 Shall credit County Treasurer amount of County Superintendent's orders, how, 68, 70 
 
 Shall report annually regarding sales of school lands 71 
 
 Shall report to Attorney General County Clerks who fail to report regarding 
 
 school lands 73 
 
 Shall require County Attorney to prosecute County Treasurers who fail to pay 
 
 gchool-land moneys to State Treasurer 73 
 
 Shall make out consolidated bonds for permanent school fund 77 
 
 Shall cancel and destroy the bonds presented for consolidation, how 77 
 
 BONDS, SCHOOL- DISTRICT 
 
 Purposes for which they may be issued 58- 
 
 Execution of district bonds 59 
 
 Bond election, how conducted 58 
 
 Board of County Commissioners to levy tax to pay interest and create sinking 
 
 fund 59 
 
 Sinking fund, how applied, and investment of 60 
 
 Destruction of bonds 60 
 
 Penalty for wrong use of bonds 60 
 
 Females may vote at bond election 58 
 
 Registry of district bonds 59 
 
 No district containing less than twenty-five children can issue bonds 58 
 
 Funding bonds, issuance and disposal of 58 
 
 Bonds belonging to State permanent school fund, to be payable at State treasury, 62 
 
 County and City Treasurers shall remit to State Treasurer 62 
 
 Penalty for failure to remit 62 
 
 Bonded indebtedness to be reported to County Clerk by District Clerk 24 
 
 CITIES OF FIRST CLASS 
 
 Public schools in 40-50 
 
 CITIES OF SECOND CLASS - 
 
 Public schools in 50-57 
 
 CITIES OF THIRD CLASS 
 
 Public schools in 57 
 
 COMMISSIONERS, COUNTY 
 
 Shall audit bills for services of County Superintendent, and issue orders to pay 
 
 the same 11, 1& 
 
 Shall appoint to fill vacancy in office of County Superintendent 14 
 
 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 Superintendent 34 
 
 Shall levy annually tax for interest and sinking fund of school-district bonds... 59 
 
 Shall approve appointment of suitable appraisers of school lands 63 
 
 COMMISSIONERS OF STATE PERMANENT SCHOOL FUND 
 
 Board of, how constituted 4 
 
 Duties of 74-76 
 
 CONSTABLES 
 
 Duty of, in reference to trespass on school lands.... 72 
 
 COUNTY ATTORNEY 
 
 Shall bring action for ejectment in case of forfeited school lands 68 
 
 Fees allowed for services relating to school lands 70 
 
 Shall prosecute trespassers on school land 72 
 
yO SCHOOL LAWS OF KANSAS. 
 
 COUNTY CLERK 
 
 Shall report to County Commissioners vacancy in office of County Superintendent, 14 
 
 Duty in reference to school-district taxes for building and teachers' wages 29 
 
 Duty in reference to school-district library tax 39 
 
 Shall register school-district bonds on presentation 59 
 
 Shall furnish copy of register of school-district bonds to County Treasurer....... 59 
 
 Shall forward copy of register of bonds, with statement, to State Superintendent, 59 
 
 Shall file and record appointment of appraisers and appraisements of school lands, 64 
 
 Shall record payments for sales of school lands 66 
 
 Shall charge County Treasurer with payments on sales of school lands 66 
 
 Shall issue certificate to the purchaser of school lands, showing what... 66 
 
 Shall transmit semi-annually, to Auditor of State, abstract of school lands 66 
 
 Fees allowed for services in reference to school lands 68 
 
 Shall report regarding school lands, semi-annually, to Auditor of State, on or 
 
 before October 1st 71 
 
 Penalty for failure to report to Auditor of State 73 
 
 Duty in case of levy of tax made by County Superintendent and Commissioners, 8 
 COUNTY SUPERINTENDENT-- 
 
 Constitutional provision concerning... 3 
 
 Shall have charge of common-school interests of county 9 
 
 Shall take oath of office and execute bond of one thousand dollars 9, 10 
 
 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 
 
 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 
 
 Shall report annually to the State Superintendent, what and when 12 
 
 Penalty for failure to perform duty 15 
 
 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 
 
 Vacancy in office of County Superintendent, how filled 13 
 
 May purchase one set of school-district records for each school district 14 
 
 Duty in regard to formation or alteration of school districts 14 
 
 Shall report to County Clerk the boundary of each school district, when 15 
 
 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... 22 
 
 See foot-note in reference to vacancy caused by forfeiture of district office 22 
 
 Shall enforce the law when District Clerks fail to report district taxes to County 
 
 May, in conjunction with district board, dismiss teacher for cause 27 
 
 Shall hear appeal of pupil from decision of school board 27 
 
 Duties regarding the holding a normal institute annually 32 
 
 Shall serve as Chairman of County Board of Examiners... 34 
 
INDEX. 91 
 
 COUNTY SUPERINTENDENT CONCLUDED. 
 
 Shall keep register of teachers' certificates 10 
 
 Penalty for receiving bonus from publisher of school books 40 
 
 Shall appoint appraisers of school lands, when and how 63 
 
 May appear before Probate Court to controvert petition of settler upon school lands, 64 
 May, in behalf of State, appeal from decision of Probate Court to District Court, 
 
 how..., 64 
 
 May, in conjunction with appraisers, subdivide timber land into suitable lots... 65 
 
 Shall not purchase school lands 69 
 
 Shall issue orders for payment of fees relating to sales of school lands, how 70 
 
 Shall transmit to Auditor of State abstract of orders relating to sales of school 
 
 lands, when 70 
 
 Duty of County Superintendent in reference to trespasses upon school lands 71 
 
 Duty of County Superintendent in reference to estates of persons dying with- 
 out heir and will 76 
 
 Duty of, in case of neglect or refusal of any district to maintain public school 
 
 four months each year 87 
 
 Shall employ teacher for such school, when 87 
 
 Shall draw orders for pay of such teacher 87 
 
 COUNTY TREASURER - 
 
 Shall pay for school-district records on order of County Superintendent 14 
 
 Shall pay school moneys to District Treasurers, when 25 
 
 Shall collect school-district taxes 25 
 
 Custodian of normal-institute fund 32 
 
 Pay orders of County Superintendent drawn on normal-institute fund 33 
 
 Shall collect school-district library tax , 39 
 
 Shall invest sinking funds in school bonds, when 60 
 
 Shall offer appraised school lands for sale, how 65 
 
 Shall pay semi-annually to State Treasurer moneys received 66 
 
 Penalty for failure to pay such moneys to State Treasurer 67 
 
 May sell school lands at private sale, when 69 
 
 Shall receive what fees for services relating to sales of school lands 70 
 
 Shall pay fees for services relating to school lands, on order of County Super- 
 intendent ?.... 70 
 
 Shall give duplicate receipts for annual payments made by purchaser of school 
 
 lands 73 
 
 Shall apply to State Treasurer for school moneys apportioned to county, when, 82 
 Shall, upon proper application, pay to District Treasurers school moneys ap- 
 portioned by County Superintendent 82 
 
 Shall collect all moneys due the county school fund 82 
 
 Shall pay the same to District Treasurer, upon proper application 82 
 
 Shall collect delinquent taxes on real estate in any district in county 82 
 
 Shall pay such taxes to the treasurers of the districts to which such taxes belong, 82 
 Penalty for refusal to pay State and county school moneys, on order of County 
 
 Superintendent 82 
 
 Shall receive no compensation for receiving or disbursing county or State school 
 
 moneys 83 
 
 Penalty for refusal to pay over any school moneys, on proper application 83 
 
 DISTRICT OFFICERS 
 Di RECTOR: 
 
 Shall preside at all district meetings 22 
 
 Shall sign all authorized orders drawn by Clerk on Treasurer 22 
 
 Shall appear in behalf of district in suits brought by or against district, when, 22 
 
 Shall sign district bonds and coupons issued during his term of office 59 
 
92 SCHOOL LAWS OF KANSAS. 
 
 DISTRICT OFFICERS CONTINUED. 
 
 CLERK : 
 
 Shall give notice of annual or special meeting of district, how and when... 18 
 
 May call special meeting to transact business of annual meeting, how and when, 19 
 
 Shall record the proceedings of his district 22 
 
 Shall keep and preserve all official records, books and papers 23 
 
 Shall be Clerk of District Board, and of all district meetings when present, 23 
 
 Shall draw orders on District Treasurer for authorized purposes 23 
 
 Shall make written report to district at the annual meeting 23 
 
 Shall transmit to County Superintendent said report as adopted by district, 23 
 
 Penalty for false report 24 
 
 Shall report to County Clerk a list of resident tax-payers, when 24 
 
 Shall annually report to County Clerk levy of district taxes, when 28 
 
 Penalty for failure to report district tax 24 
 
 Shall report to County Superintendent names and post-office address of 
 
 officers elect, when 24 
 
 Shall report commencement of each school term, when 24 
 
 Shall report indebtedness of district to County Clerk on or before July 5th 
 
 of each year 24 
 
 Penalty for refusal to deliver official documents to his successor 25 
 
 Shall be Librarian, unless the Board shall appointsome other suitable person, 39 
 
 Shall countersign school bonds and coupons issued by the district 59 
 
 Shall sign notices of district election for school bonds 58 
 
 Shall take notice of trespassers on school lands 72 
 
 TREASURER : 
 
 Shall execute a bond to the district , 25 
 
 Such bond shall be justified by affidavits of principal and sureties 25 
 
 Shall pay out district moneys on order of Director and Clerk 25 
 
 Shall receive school moneys from County Treasurer, how 25 
 
 Shall enter in a book all moneys received and disbursed by him 26 
 
 Shall make written report at annual meeting, showing what 26 
 
 Shall, at close of term, settle with District Board 26 
 
 Shall deliver moneys and official records to his successor 26 
 
 ' Penalty for refusing to deliver official records and moneys to his successor... 26 
 Shall prosecute his predecessor for failure to pay over money belonging to 
 
 the district 26 
 
 Shall take notice of trespassers on school lands ,. 72 
 
 DISTRICT BOARD: 
 
 Shall consist of Director, Clerk and Treasurer 22 
 
 Term of office 22 
 
 Official oath 22 
 
 Forfeiture of office 22 
 
 Shall carry into effect all lawful orders of the district 26 
 
 Shall have the care of school house and other district property 26 
 
 Shall have power to make regulations relating to district library 26 
 
 Shall have power to appoint a suitable person to take care of library and 
 
 apparatus 26 
 
 Have power to admit scholars from adjoining districts 27 
 
 Shall contract with qualified teachers 27 
 
 May, in conjunction with County Superintendent, dismiss teacher for cause, 27 
 
 Shall provide necessary appendages during school term 27 
 
 Shall submit account of appendages for allowance at any regular meeting 27 
 
 May suspend pupils for cause, subject to appeal to County Superintendent, 27 
 
 Shall furnish teacher with daily register s 27 
 
 Shall visit the district school at least once during school term 27 
 
INDEX. 93 
 
 DISTRICT OFFICERS CONCLUDED. 
 
 Shall require uniform series of text-books in each branch 28 
 
 Shall not act as agent for any publisher or bookseller 28 
 
 Shall not receive any gift for introducing any book, apparatus or furniture, 28 
 
 Shall cause clerk to report district levy on or before August 25, annually 28 
 
 Shall levy tax for payment of judgment against district 29 
 
 Shall be liable to judgment creditor, when 29 
 
 May remove school house, when 29 
 
 May open school house to the business meetings of societies in the district.... 30 
 
 May determine additipnal branches to be taught in school of district 30 
 
 Penalty for refusing admission to any children residing in the district 30 
 
 Shall not allow infected pupils to attend school 31 
 
 May .assess a tuition fee, how and when 31 
 
 May issue bonds of district, how, and for what amount and purpose 58 
 
 May negotiate the bonds at a price to be fixed by the voters of the district, 59 
 
 Shall order a district election for the bonds, when and how 58 
 
 Shall destroy canceled bonds, how 60 
 
 Penalty for wrong use of bonds of district 60 
 
 May issue funding bonds, when and how 58 
 
 Shall levy a tax to pay apportionment of school property, when 17 
 
 May transact business of annual meeting of district, when 20 
 
 DISTRICT MEETINGS 18-20 
 
 DISTRICT SCHOOLS 30, 31 
 
 EXAMINERS, COUNTY BOARD OF 34-36 
 
 EXECUTORS OR ADMINISTRATORS - 
 
 Shall pay into permanent school fund proceeds of estates of persons dying 
 
 without heir and will, when 76 
 
 Shall pay into county school fund money unclaimed by heirs, when 83 
 
 FINES AND PENALTIES 39, 40 
 
 INSTITUTES, COUNTY NORMAL 31-33 
 
 JUSTICES OF THE PEACE 
 
 Shall have jurisdiction in school-district cases, when 39 
 
 Shall report to County Superintendent proceeds of fines and estrays, when 83 
 
 Shall pay said proceeds into county school fund, when 83 
 
 OFFICIAL OATHS - 
 
 State Superintendent of Public Instruction 6 
 
 County Superintendent of Public Instruction 9 
 
 School-district officers 22 
 
 ORGANIC ACT Educational provisions of. 3 
 
 POWERS OF SCHOOL-DISTRICT MEETINGS 20,37, 39 
 
 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 29 
 
 Shall receive what fees for services relating to school lands 70 
 
 Shall order sale of estate of person dying without heir and will, when 77 
 
 Shall keep on file one of administrator's duplicate receipts for moneys paid into 
 
 permanent school fund 77 
 
 Shall certify proof of heirship of person claiming recovery of said estate, when, 77 
 
 QUALIFICATIONS OF DISTRICT VOTERS 19, 58 
 
94 SCHOOL LAWS OF KANSAS. 
 
 REPORTS 
 
 State Superintendent's biennial report 9 
 
 County Superintendent to State Superintendent, quarterly and annual 11, 12 
 
 County Superintendent report boundaries of school districts to County Clerk... 14 
 
 Eeport of District Clerk to annual school meeting 23 
 
 Annual report by District Clerk to County Superintendent 23 
 
 Clerk of joint district to report to whom 24 
 
 District Clerk's report to County Clerk of persons liable to pay taxes 24 
 
 District Clerk's report to County Superintendent of commencement of school 
 
 term, and district officers elected 24 
 
 District Clerk's report to County Clerk of indebtedness of school district 24 
 
 District Treasurer's report to annual meeting 26 
 
 Reports of Clerk and Treasurer of graded-school district 38 
 
 Board of Education of city schools to make report 41, 54 
 
 County Clerk to report to State Superintendent when district bonds are issued, 59 
 
 County Clerk to report sales of school lands to State Auditor 66, 71 
 
 County Superintendent to State Auditor 70 
 
 State Superintendent to the Legislature 75 
 
 State Treasurer to State Superintendent 81 
 
 County Clerk to County Superintendent 83 
 
 Justices of the Peace to County Superintendent 83 
 
 SCHOOL DISTRICTS 
 CITIES OF FIRST CLASS: 
 
 The whole city is a school district for purposes of taxation 43 
 
 CITIES OF SECOND CLASS: 
 
 The whole city, together with the territory attached for school purposes, is 
 
 a school district for purposes of taxation 54 
 
 Adjacent territory attached for school purposes 51 
 
 CITIES OF THIRD CLASS: 
 
 The whole of the city corporation shall be and remain in one school district 
 
 for purposes of schools and taxation 57 
 
 UNION "AND GRADED-SCHOOL DISTRICTS 37, 38 
 
 JOINT DISTRICTS: 
 
 How formed and designated 16 
 
 How changed 16 
 
 Clerk of joint districts shall report to each County Superintendent 24 
 
 COMMON-SCHOOL DISTRICTS: , 
 
 Formation and alteration of. 14, 15 
 
 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 Commissioners, when 18 
 
 SCHOOL FUNDS 
 
 PERMANENT SCHOOL FUNDS: 
 
 Proceeds of sales of school lands .3, 4, 69 
 
 Estates of persons dying without heir and will 4, 76 
 
 Per cent, granted by Congress on sales of public lands in Kansas 4 
 
 Management of permanent school fund 74 
 
 STATE ANNUAL SCHOOL FUNDS: 
 
 Interest on permanent school fund securities 4, 81 
 
 Rents of school lands 4 ? 81 
 
 Fees paid by insurance companies doing business in the State 82 
 
 Management of State annual school fund 80, 82 
 
INDEX. 9i 
 
 SCHOOL FUNDS -CONCLUDED. 
 COUNTY SCHOOL FUND: 
 
 Equivalents for exemption from military duty 4, 82, 8 
 
 Proceeds of estrays 4 } 81, 8 
 
 Fines for any breach of the penal laws 4, 8 
 
 Moneys unclaimed by heirs 8 
 
 Management of county school fund 82, 8 
 
 SCHOOL HOUSES 
 
 District Board shall have care and keeping of. 3 
 
 May be used for what purposes 3 
 
 Eemoval of. 2 
 
 SCHOOL-HOUSE SITE 
 
 How selected 2 
 
 Maybe changed, when and how 2 
 
 Land to be condemned for school-house site 21, 2 
 
 To be purchased or leased by district board 2 
 
 SCHOOL MONTH Denned 3 
 
 SCHOOL TERM OF FOUK MONTHS Required, when 8 
 
 SCHOOL LANDS 
 
 Constitutional provisions 3, 
 
 Provisions of act of admission 
 
 Statutory provisions 6 
 
 SCHOOL-DISTRICT LIBRARIES 3 
 
 SECRETARY OF STATE 
 
 Shall serve as member of Board of Commissioners of Permanent School Fund, 
 
 Shall attest consolidated bonds belonging to permanent school fund 7 
 
 Shall be depositary of bond of State Treasurer as treasurer of State annual 
 school moneys 8 
 
 SHERIFF 
 
 Duty of, in relation to trespass on school lands 7 
 
 STATE BOARD OF EDUCATION 36, 3 
 
 STATE CONSTITUTION- 
 
 Educational provisions of. 3, 
 
 STATE SUPERINTENDENT 
 
 Constitutional provisions concerning 
 
 Official oath 
 
 General duties 
 
 May appoint an Assistant Superintendent 
 
 Shall apportion State annual school moneys, when and how 
 
 Shall prescribe blank forms for common-school business 
 
 Shall give his opinion on questions submitted to him, in writing 
 
 Shall keep a record of all such decisions 
 
 Shall cause copies of the school laws, forms, etc., to be published for use of 
 
 school officers 
 
 Shall open correspondence relating to the school system of other States 
 
 Shall prepare a biennial report, bearing date when, and containing what 
 
 Shall visit each county in the State biennially 
 
 Shall deliver books, papers, etc., to his successor 
 
 Shall assist County Superintendents in making arrangements for county normal 
 institutes.... 3 
 
96 SCHOOL LAWS OF KANSAS. 
 
 STATE SUPERINTENDENT CONCLUDED. 
 
 Draw order on State Treasurer for fifty dollars, to be used in paying expense of 
 
 county normal institute, when 33 
 
 Shall serve as member of State Board of Education.. 36 
 
 Shall not receive bonus from publishers of text-books 40 
 
 Penalty for receiving bonus 40 
 
 Shall apportion, as provided by law, the interest on deferred payments for school 
 
 lands 66 
 
 Shall report the condition of the permanent school fund 75 
 
 Shall, with the Governor, approve bond of State Treasurer as receiver of State 
 
 annual school moneys 81 
 
 STATE TREASURER 
 
 Shall give receipts to County Treasurers who pay over school-land moneys 67 
 
 Shall give additional bonds as custodian of permanent school fund securities... 71 
 
 Shall be custodian of all moneys belonging to permanent school fund 76 
 
 Shall be custodian of all permanent school, State Normal School, and State Uni- 
 versity fund securities 76 
 
 Shall receive all State annual moneys 81 
 
 Shall hold such moneys subject to order of State Superintendent 81 
 
 Shall keep accounts of permanent fund and of annual fund in separate books... 81 
 Shall report to State Superintendent the amount of permanent school fund 
 
 moneys in treasury, when 81 
 
 Shall report to State Superintendent the amount of annual school fund moneys 
 
 in treasury, when 81 
 
 Shall pay annual school fund moneys to County Treasurer on orders of State 
 
 Superintendent 81 
 
 As treasurer of annual school fund shall give bond, to be approved by Governor 
 
 and State Superintendent...". 81 
 
 TEACHERS OF DISTRICT SCHOOLS OR GRADED SCHOOLS 
 
 Shall keep a daily record of what 31 
 
 Shall, at close of each term, file with District Clerk a report of what 31 
 
 Penalty for failure to report 32 
 
 TEACHERS' CERTIFICATES 
 
 City certificates, by whom granted, and on what terms 43, 53 
 
 County certificates, by whom granted, and on what terms 34-36 
 
 State diplomas and certificates, by whom granted, and on what terms 36, 37 
 
 TEXT-BOOKS 8, 28 
 
 TRESPASS ON SCHOOL LANDS 71 
 
 UNION OR GRADED-SCHOOL DISTRICTS 37, 38 
 
 UNORGANIZED COUNTIES 
 
 Attached to organized counties for school purposes 85 
 
 Shall have a Deputy County Superintendent 85 
 
 Deputy Superintendent shall report to County Superintendent to which the 
 
 county is attached 85 
 
 Penalty for failure to report 86 
 
 Schools shall be under control of the County Superintendent of the organized 
 
 county 86 
 
 State -fund, how apportioned 86 
 
 Annual school meetings 86 
 
 School districts in unorganized counties cannot issue bonds 86 
 
A 
 
 UNIVERSITY OF CAUFORNIA LIBRARY