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 neglecting 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. (Laws 1879, ch. 81, sec. 6.)

SEC. 154. Use of Money Levied and Collected under this Act. [7590] Moneys levied and collected and received 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 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 such bonds or coupons for any coupons due, to be recovered and collected as in section 6 hereof specified.24 (Laws 1879, ch. 81, sec. 7.)

SEC. 155. Bonds for Outstanding Warrants. The board of education of any city of the first class having a population of less than 16,000 is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstanding at the time this law takes effect, including accrued interest thereon. The proceeds of said bonds shall be used for the payment of the amount due on such outstanding warrants, including interest, and for no other purpose whatsoever. (Laws 1915, ch. 310, sec. 1.)

SEC. 156. Denominations; Payment. Said bonds shall be issued in denominations of not less than one hundred dollars, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semiannually, for which interest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the denomination or denominations thereof. The bonds shall be signed by the president and the clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. (Laws 1915, ch. 310, sec. 2.)

24. Section 153 of this book.

SEC. 157. Bonds to be Sold at Par; Warrants Delivered. Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same. No bonds shall be delivered to any purchaser unless the board of education issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the proceeds of the said bonds. (Laws 1915, ch. 310, sec. 3.)

SEC. 158. Tax for Interest and Sinking Fund. Each board of education issuing under the provisions of this act shall each year levy a tax not exceeding two mills on the taxable property of said city and the territory attached thereto for school purposes sufficient to pay the interest accruing thereon and provide a sinking fund for the payment of the principal of said bonds as it may deem proper from said tax. (Laws 1915, ch. 310, sec. 4.)

200. Tax for interest and sinking fund. 201. Validity of official acts. Second Class Defined.

[7592]

SECTION 159. Cities of the 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 population over 2000 and not exceeding 15,000 inhabitants, shall be governed by the provisions of this act; and whenever any city shall have hereafter attained a population exceeding 2000 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. (Laws 1876, ch. 122, art. 11, sec. 1.)

SEC. 160. Free Schools. [7593] In each city governed by this act there shall be established and maintained a system of free common schools, which shall be kept open not less than three nor more than ten months in any one year, and shall be free to all children residing in such city between the ages of five and twenty-one years. But the board of education may, where school-room accommodations are insufficient, exclude for the time being children between the ages of five and seven years. (Laws 1876, ch. 122, art. 11, sec. 2.)

SEC. 161. Adjacent Territory. [7594] Territory outside the city limits, but adjacent thereto, may be attached to such city for school purposes, upon application to the board of education of such city by a majority of the electors of such adjacent territory, and upon the 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 territory seeking to be attached, issue an order attaching such territory to such city for school purposes, and to enter the same upon their journal;25 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 the city. Whenever the territory so attached shall have attained a population equal to one-half that of any ward of such city, or whenever the taxable property of such attached territory shall be equal to one-half that of any one ward of such city, such attached territory shall be entitled to elect two members of the board of education, which said members shall be elected at the same time and in the same manner as other members of such board. The mayor and council and city clerk of such city shall provide for elections in said detached territory, and shall canvass the returns thereof in the same way as is required by law in respect to a ward of such city; provided, that the board of education shall pay all the expenses of such election. But until such attached territory shall be declared to have attained a population or taxable property equal to one-half that of any one ward of such city, such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached shall remain parts of such city for school purposes only. Any persons residing upon such attached territory, possessing the qualifications of electors, as provided in section 5585 of the General Statutes of '1889, shall be qualified to vote at any election held in any such city for school purposes only, in any such ward of such city to which such territory shall be attached, and

25. School districts may be attached to cities of the second class in accordance with this section. See also section 306 of this book.

official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1903, ch. 234, sec. 1.)

SEC. 162. Vote of Residents in Territory Attached. At all elections, or primary elections, held in any city of the second class for the election or nomination of members of the board of education or other officers, or for any other purpose, all persons entitled to vote, residing in the territory attached to such city for school purposes and outside the limits of the city, shall vote at a place within the city to be designated by the mayor of such city at the same time and in the same manner as places of election in the several wards and precincts are designated, and said place of election shall be equipped and furnished as provided by the general election laws. (Laws 1915, ch. 307, sec. 1.)

SEC. 163. Expense of School Elections. The expense of all elections held for school purposes in cities of the second class shall be paid by the board of education of such city, except that when an election is held for both city and school purposes at the same time then the expense shall be paid in equal parts by the city and board of education. (Laws 1915, ch. 307, sec. 2.)

SEC. 164. City of Third Class Changed to Second Class. [7628] That whenever any city of the third class shall become a city of the second class, the territory of the school district wherein such city is situated shall be and remain attached to such city for school purposes, unless detached by the county superintendent of public instruction, as provided in section 12 of chapter 152 of the Laws of 1881. All the property in such territory shall be subject to like taxation for school purposes as the property in said city. Whenever the population or taxable property of such territory outside of the limits of such city shall equal the population or taxable property of any ward of such city, such territory shall be entitled to elect two members of the board of education of such city, which said members shall be elected at the same time and in like manner as other members of such board. (Laws 1887, ch. 218, sec. 1.)

SEC. 165. County Superintendents May Detach Territory. [7430] That the county superintendents of public instruction of the several counties of the state of Kansas are hereby authorized and empowered to detach territory from the school territory of cities of the second class, if said territory sought to be detached is outside the corporate limits of said city of the second class, notwithstanding the fact that said territory forming said school district may have been formed into a school district while said city of the second class was a city of the third class; provided, the interests of the public schools of the county may warrant such action; provided, that no territory shall be detached unless a majority of the citizens living

in such territory shall consent in writing to the same. (Laws of 1891, ch. 88, sec. 1.)

SEC. 166. Organization. That section 1, chapter 269, of the Session Laws of 1911 be and the same is hereby amended to read as follows: Section 1. That the board of education in cities of the second class, at the regular meeting at the time provided by law in each year, shall 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; and the board shall elect a clerk for a term of one year, who may or may not be a member of said board, and shall receive for his services such compensation as the board may allow. (Laws 1913, ch. 269, sec. 1.)

SEC. 167. Body Corporate. [7595] 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. (Laws 1876, ch. 122, art. 11, sec. 4.)

SEC. 168. Conveyance of Property. [7596] 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. (Laws 1876, ch. 122, art. 11, sec. 5.)

SEC. 169. How Executed. [7597] All conveyances for the property mentioned in the preceding section [168] 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. (Laws 1876, ch. 122, art. 11, sec. 6.)

SEC. 170. Powers of the Board. [7600] 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 educational interests of the city demand;26 and to exercise the sole control over the schools and school

26. For provisions for manual training in schools in cities of the second class see section 468 of this book.