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and cancel any such bonds whenever the same can be done at or below par; and provided further, that such sinking-fund, when not required for the payment or purchase of bonds, may be invested in bonds of the United States or of the state of Kansas, and in no other manner; and provided further, that under the provisions of this act, the proper officers are authorized, if desirable, to issue instalment bonds, running thirty years, having coupons attached representing the semiannual interest to become due thereon; and each coupon attached to any instalment bond shall, after five years from its date, represent one-fiftieth of its principal, which amount shall be shown by separate words and figures aside from the interest represented in the coupon, and each instalment bond shall show upon its face that its principal is included in its coupons. (Laws 1879, ch. 50, sec. 8.)

SEC. 29. Investment of Sinking-fund. That section 1, chapter 287, of the Session Laws of Kansas, 1911, is hereby amended to read as follows: Section 1. That the proper officers having charge and control of any moneys which have been or may hereafter be levied and collected as a sinkingfund to redeem the outstanding bonds of any county, township, city or school district, may invest such sinking-fund by purchasing the bonds of any county, township, city or school district within the state of Kansas, subject to the following conditions: First, no such bonds shall be purchased unless the same shall be accompanied by a certificate of the attorney general of the state of Kansas in accordance with section 6 of chapter 110 of the General Statutes of 1909 of the state of Kansas, showing such bonds to be acceptable as security for deposit of state funds under the state depository law. Second, no such bonds shall be purchased under this act which shall not mature and become due at or prior to the time fixed for the payment of the bonds for which such sinking-fund was created. Third, no sinking-funds shall be invested under this act in the bonds of any county, township, city or school district where the bonded and floating indebtedness thereof shall exceed ten per cent of its total assessed valuation as shown by the last assessment preceding such investment. Fourth, any officer or officers investing sinking-funds under this act shall be authorized to pay such premium as may be necessary to secure the bonds desired in the open market; provided, that no premium shall be paid for any bonds purchased under this act which shall have the effect of reducing the annual income from such investment to less than three per cent. (Laws 1913, ch. 286, sec. 1.)

SEC. 30. Coupons Paid and Destroyed. [596] Whenever the bonds or interest coupons issued under this act shall become due, they shall be, on presentation, promptly paid by the proper disbursing officer, out of the money in his hands col

lected for that purpose; and he shall indorse upon the face of any bond or coupon paid by him, in red ink, the word "Paid," and the date of payment, and sign his name thereto, and at each settlement he shall turn over the bonds and coupons so paid and canceled, which shall be carefully preserved, or destroyed. (Laws 1879, ch. 50, sec. 9.)

SEC. 31. Penalty for Wrongful Use of Money. [597] Any person who shall appropriate, use, or aid or abet in appropriating or using, any of the funds or moneys mentioned in this act, for any other purpose than as in this act provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum equal to the amount of money so appropriated or used, and imprisoned in the county jail for not less than three nor more than twelve months, and shall also be liable in a civil action for the amount misappropriated or used, to be prosecuted by any such bondholder or other party entitled thereto. (Laws 1879, ch. 50, sec. 10.)

SEC. 32. Coupons Receivable for Taxes. [598] The interest coupons provided for in this act shall, as fast as they become due, be receivable in payment of taxes due to the particular county, city, the board of education of any city, the township or school district which may have issued such coupons, and shall be received by all collecting officers the same as cash, in payment of such taxes. (Laws 1879, ch. 50, sec. 11.)

SEC. 33. Merged Districts May Refund Bonded Indebtedness. [7639] That the officers of any school district or joint district, containing all, the greater amount or an equal amount to the largest fraction contained in any other existing district, of the territory of a school district heretofore or hereafter disorganized (under chapter 177 of the Laws of 1899, or chapter 305 of the Laws of 1901), are hereby authorized and empowered to compromise and refund the legally existing bonded indebtedness of the merged district and to issue refunding bonds in the manner and upon the terms prescribed by chapter 50 of the Laws of 1879 and the amendments thereto. (Laws 1903, ch. 430, sec. 1.)

SEC. 34. Form of Bonds. [7640] Bonds issued under this act shall contain a recital that they are issued in pursuance of this act and of chapter 50 of the Laws of 1879 and the amendments thereto, and shall run in the name of the merged school district, and may be substantially in the following form:

No..........

STATE OF KANSAS.

MERGED SCHOOL-DISTRICT REFUNDING BOND.

BE IT KNOWN, That merged school district No..., state of Kansas, is indebted to.... in the sum of.. bearing interest from date at the rate of.. semiannually, on the 1st day of January office of.. in the city of..

hereto attached.

......

..county, .dollars,

..per cent per annum, payable and July in each year, at the and for which coupons are

in

This bond is one of.. ..bonds, amounting in the aggregate to $. issued for the purpose of refunding the legally existing bonded indebtedness of said merged district, and in pursuance of chapter 430 of the Laws of 1903, and chapter 50 of the Laws of 1879 and the amendments thereto. The principal of this bond is made payable at the office of the....... lawful money of the United States, on the 1st day of. .; and for such payment the faith and property of the territory comprised in said merged district at the time of its disorganization is hereby pledged. Said merged district was disorganized on the........day of.. and the.. territory thereof was, on the........day of.. incorporated with school district No.,

------------9

19.

19...

.....county, state of KanThe officers signing this bond hereby certify that all the requirements of law have been fully complied with.

sas.

IN TESTIMONY WHEREOF, This bond has been issued and signed by the director, attested by the clerk and countersigned by the treasurer of school district No........., and registered by the county clerk. Dated at..................... .., county of................................ state of Kansas, this........day of................, 19.......

Countersigned:

Signed:
Attested:

Treasurer.

Director. ...Clerk.

SEC. 35. Commissioners to Levy. [7641] It shall be the duty of the county commissioners of the county in which the territory of such merged district lies to annually cause to be levied upon the property, real and personal, in the territory of such merged district, a tax sufficient to meet the interest and provide a sinking-fund for the payment of the indebtedness so refunded. In case of the disorganization and merger of any joint district, such tax shall be levied by the county commissioners of the respective counties wherein the territory of the merged district lies, and the moneys arising out of said levies, when collected, shall be paid to the treasurer of the county having the greater amount of the territory of said district, in the manner prescribed by section 1, chapter 226, of the Laws of 1889. (Laws 1903, ch. 430, sec. 2.)

SEC. 36. Suits against Merged Districts. [7642] Suits may be brought by or against merged districts respecting bonds so issued, and the school-district officers issuing said bonds or their successors shall appear for and in behalf of said merged district. (Laws 1903, ch. 430, sec. 4.)

SEC. 37. May Take up Merged-district Bonds. [7643] That the qualified voters of any school district or joint district containing all of the territory of two or more school districts heretofore or hereafter disorganized may, by a majority vote thereof, at a special election called for that purpose, vote to issue the bonds of such joint district for the purpose of refunding or taking up of the bonds of the merged or disorganized district contained in such joint district. Such bonds shall recite that they are issued in pursuance of this act, and shall run in the name of the joint school district; provided, that no greater amount of bonds shall be issued under this act than the total amount of bonds outstanding of the merged

districts whose territory is contained in such joint district. (Laws 1903, ch. 430, sec. 5.)

SEC. 38. Law Governing Such Indebtedness. [7644] Such indebtedness so created shall be considered and treated as and shall be governed by the laws relating to the general indebtedness of school districts. (Laws 1903, ch. 480, sec. 6.)

SEC. 39. Bonds of Disorganized Districts. [7422] If any disorganized school district has a legally existing bonded indebtedness at the time of its disorganization, such indebtedness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its disorganization; and it shall be the duty of the county commissioners of such county annually to cause to be levied upon the property, real or personal, in such disorganized territory a tax sufficient to meet the interest and provide a sinking-fund for the payment of such indebtedness. Whenever the bonded indebtedness of any disorganized district can be advantageously compromised and refunded, the officers of the school district to which such disorganized district shall be attached, or has heretofore been attached, or into which it has been merged, shall have the power, and it shall be their duty, to issue refunding bonds for such purpose, in the same manner and under the same restrictions and regulations now provided by law for the refunding of other school-district bonds. 1905, ch. 383, sec. 1.)

(Laws

CHAPTER II.-Business Colleges.

§40. Permit to canvass.

41. Revocation of permit to canvass. 42. Permit to be shown by agent.

§43. Penalty for canvassing without a permit.

44. Notes or contracts, void, when.

SECTION 40. Permit to Canvass. [7757] That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to canvass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the college, without the school first making application to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction. upon receipt of said application, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit; providing, however, that satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or business college or commercial department is incompetent to furnish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institution use misrepresentations or fraudulent methods in securing contracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit. (Laws 1909, ch. 204, sec. 1.)

SEC. 41. Revocation of Permit to Canvass. [7758] After having granted any business college, commercial school, or commercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements. (Laws 1909, ch. 204, sec. 2.)

SEC. 42. Permit to be Shown by Agent. [7759] Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. (Laws 1909, ch. 204, sec. 3.)

SEC. 43. Penalty for Canvassing without a Permit. [7760] Any person who shall violate this act by canvassing for students with the intention of selling tuition for cash, contract or

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