120. District to retain corporate existence until liabilities are paid

Whenever the territory so added to a school district, embracing an incorporated city, shall include the whole of the school district from which such territory was taken, such district shall retain its corporate existence so far as necessary for that purpose, until its indebtedness as determined by' such adjustment shall have been paid in full, and the officers of the district embracing such incorporated city to which its territory shall have been added shall have the power, and it shall be their duty, to provide, by appropriate levies upon such old district or districts, for the payment of such indebtedness: Provided, That when such payment of indebtedness is fully made, the clerk of the district shall enter the fact upon the records of the district, and report the same to the county superintendent of schools. (L. '09, p. 270, § 4; Rem. & Bal., § 4439.)

ARITCLE IV-FORMATION OF CONSOLIDATED DISTRICTS

121. County superintendent may establish district

Upon receipt of a petition signed by five heads of families of two or more adjoining districts in the same county, the county superintendent may organize and establish a consolidated school district. The posting of notices, the hearing, and the appeal shall be the same as in the change of territory from one district to another. (L. '09, p. 271, § 1; Rem. & Bal., § 4440.)

Petition for consolidation must come from two or more districts and three notices must be posted in each district.-TANNER.

Consolidated districts are under the management and control of the new board and they announce the levy to be made.-BELL.

The petition for the formation of a consolidated school district need not be signed by the heads of families in each and every district which it is proposed to include in the consolidated district, but only by five heads of families residing in the several districts which it is proposed to include in the consolidated district.-STRATTON.

Two cities which are adjacent, each embraced in a school district, the school districts cannot unite and form a consolidated district without the consolidation of the cities.-FALKNOR.

In the formation of a consolidated district the component districts maintain their existence for the purpose of appeal until the time for taking the appeal has expired.-FALKNOR.

If two school districts, each having a school house, are consolidated and it is proposed to establish a school house site for the consolidated district, only a majority vote is required.-FALKNOR.

A consolidated district cannot be formed of districts lying in two or more counties.-BOOTH.

A new district cannot be formed out of the territory comprising the old district so that the territory remaining in the new district will not be contiguous.-LYLE.

In mandamus proceedings to compel the prosecuting attorney to test the validity of an order of the school superintendent consolidating two school districts, the wisdom or policy of the order cannot be inquired into, where the same can be reviewed by appeal; since it is a collateral attack on the order and only its validity can be questioned: State ex rel. Harris v. Ward, 69 Wash. 342. Two districts which are in different union high school districts cannot be consolidated : State ex rel. Bell v. Thaanum, 32 Wash. Dec. 33.

122. All boards to constitute new board until election

When two or more districts are consolidated by the provisions of this act, or where two or more districts are consolidated by the uniting of two or more incorporated cities or towns, as provided by law, all the directors of the several districts so consolidated shall constitute the board of directors of the new district so formed, and shall have all the powers and authority conferred by the laws of this state upon school district directors, until the next annual school election in said district, at which time there shall be elected three directors for said district in the manner provided by law, who shall hold their respective offices as provided for the officers of new districts. (L. '09, p. 271, § 2; Rem. & Bal., § 4441.)

123. When district shall not be entitled to bonus

Whenever, by reason of detachments of territory subsequent to the formation of a consolidated district, the boundaries of such district shall become practically co-extensive with the boundaries of a district prior to the formation of such consolidated district, it shall be the duty of the county superintendent to report such fact to the Superintendent of Public Instruction at the time of making his annual report, and said district shall no longer be entitled to the bonus hereinafter provided for consolidated districts. (L. '09, p. 271, § 3; Rem. & Bal., § 4442.)

124.

Directors of city district to constitute board

When two or more districts are consolidated, only one of which contains an incorporated city, the directors of the district which contains such incorporated city shall become the directors for the consolidated district as soon as the consolida

tion is legally completed. (L. '09, p. 271, § 4; Rem. & Bal., § 4443.)

125. County superintendent to number and describe district

The county superintendent of any county in which new districts are formed by the uniting of two or more districts, or by the incorporating of any city or town lying partly in two or more school districts, shall upon being notified of such action by the board of directors of such new district, proceed to designate such new district by a number not the same as that of either component district or of any existing district, and to make a record of the boundaries thereof, and he shall certify such facts to the board of county commissioners, to the county treasurer, and to the clerk of the new district formed. (L. '09, p. 272, § 5; Rem. & Bal., § 4444.)

Consolidated school districts must be given a new number.-LYLE. A bond election is valid even though the the district until after the election.-LYLE.

126. New district entitled to property

superintendent did not renumber

All school districts formed by the uniting of two or more districts, as provided for in this act, shall be entitled to the public property of the school districts so united and to all current funds in excess of outstanding indebtedness other than bonded indebtedness, and the county superintendent shall transfer all such excess funds to the new district in accordance with this provision and shall certify such transfer to the county treasurer: Provided, That for the purpose of apportionment the consolidated district shall be considered one district: Provided further, That for the purpose of apportionment the consolidated district shall be credited with two thousand days' attendance in addition to actual attendance for each district, less one, so consolidated. (L. '09, p. 272, § 6; Rem. & Bal., § 4445.)

Consolidated districts may be consolidated with a consolidated district and the new district will be credited with two thousand days' attendance.-TANNER. Money in the hands of the directors of a district becomes the property of the consolidated district by the consolidation and cannot be applied in payment of the indebtedness of the district.-TANNER.

127. District to retain corporate existence until liabilities are paid

Each school district composing said consolidated district shall retain its corporate existence so far as necessary for that purpose until its indebtedness has been paid in full, and the county commissioners shall have the power and it shall be their duty to provide by appropriate levies upon such old district or districts for the payment of such indebtedness: Provided, That when such payment of indebtedness is fully made the clerk of the district shall enter the fact upon the records of the district and report the same to the county superintendent of schools. (L. '09, p. 272, §7; Rem. & Bal., § 4446.)

Where two school districts are each indebted in excess of two per cent. of their taxable property as shown by the last assessment, and are consolidated, and the consolidated district issues bonds in excess of three per cent. of its taxable property, the issue is void, as being in excess of the constitutional limitation of five per cent. of the taxable property in the consolidated district, as each district is subject to taxation as a separate entity for the purpose of paying its prior indebtedness: State ex rel. Zylstra v. Clausen, 66 Wash. 324.

128. Organization of board and election of clerk

When two or more school districts shall be united by the provisions of this act, the boards of directors of the several districts shall, within thirty days thereafter, meet and organize the new board by the election of one of their number as president of the board. They shall elect a clerk for said district and the clerks of the several districts so united shall deliver to said clerk all books, papers and records belonging to their respective offices. The clerk of the new district thus formed shall immediately notify the county superintendent of the organization of the board of the new district. (L. '09, p. 273, § 8; Rem. & Bal., § 4447.)

ARTICLE V-FORMATION OF JOINT SCHOOL DISTRICTS

129. Joint district may be organized

When the public good requires it, a school district may be formed of contiguous territory lying in two or more counties, and such districts shall be known as joint school districts. They shall be designated by a separate number for each county in

which any portion of their territory may lie. (L. '09, p. 273, § 1; Rem. & Bal., § 4448.)

Contiguous territory may be formed into a joint district although the territory is comprised of districts of different classes.-LYLE.

130. Petition shall be presented

For the purpose of forming such joint districts, a petition shall be presented, drawn and signed as prescribed for the formation of other school districts, and a copy of such petition shall be presented to the county superintendent of each county affected by the formation of such proposed joint district. (L. '09, p. 273, § 2; Rem. & Bal., § 4449.)

131. Superintendents shall post notices

The superintendents of all counties affected by the formation of the proposed joint district shall confer and shall mutually agree upon the time and place of investigating said petition, and upon such agreement each shall notify the school electors of the district or districts of his county affected by the formation of the proposed joint district, by posting notices as required in the formation of other school districts, one of which notices shall be posted upon the school house door of each district affected by the formation of the proposed joint district, and one of which shall be posted in some conspicuous place in the territory which it is proposed to include in the proposed joint district, in each county; and at the time and place mentioned in said notices the several superintendents shall meet and jointly investigate all matters pertaining to the formation of the proposed joint district. (L. '09, p. 273, § 3; Rem. & Bal., § 4450.)

132. Superintendents shall appoint directors

If at the investigation provided for in the preceding section the several county superintendents shall mutually agree that said district should be formed, they shall appoint a board of directors to serve until the next regular election, and the directors appointed shall qualify within ten days. At the next regu