ties,38 and if such physician or physicians hold that such child or children are capable of doing the work in the common schools, then such child or children shall not be exempt from the provisions of this act. (Laws 1903, ch. 423, sec. 1.)

SEC. 205. Truant Officers; Appointment; Duty. [7737] The county superintendents of public instruction shall divide their respective counties, exclusive of all cities of the first and second class therein, into not less than one nor more than five truant districts, and the board of county commissioners shall, upon the nomination of the county superintendents of public instruction of their respective counties, appoint a truant officer for each district thus created, who shall hold his office at the will of the county superintendent of public instruction; and the boards of education of all cities of the first and second class, respectively, shall, independently and originally, appoint the truant officers or officer of their respective cities, to serve at the pleasure of the appointing board. Each truant officer, in his respective district, shall see that the provisions of this act are complied with,39 and when from personal knowledge, or by report, or complaint of any resident or teacher of the district under his supervision, or from any information, he believes that any child subject to the provisions of this act is habitually absent from any school which it should or has been accustomed to attend, or has been assigned to attend by order of the directors of any country district, or by the classification, transfer, or order of the board of education or superintendent of schools of any city of the first or second class, for a period of three or more consecutive days, unless excused under the provisions of section 1 of this act, he shall immediately give written notice40 to the parent, guardian or other person having control or charge of such child, or, in the absence of such parent, guardian or other person having control or charge from his or her usual place of residence, shall leave a copy of such notice with some person over twelve years of age residing at the said usual place of residence, with instructions to hand said notice to said parent, guardian or other person having control or charge of such child, which notice shall require the attendance of said child at said school within five days from date of same; and if within five days from the date of said notice such parent, guardian or other person having control or charge of such child does not comply with the provisions of this act, then such truant officer shall

38. The school boards should pay the expense of the examination by the physician.

39. The truant officer appointed by the county commissioners is under the direction and supervision of the county superintendent.

40. Formal written notice is required, and the notice is final for the term. Notice by registered letter where delivery is prompt, or by special delivery where it can be used, is a legal notice if delivery can be proved.

make complaint in the name of the state of Kansas against such parent, guardian or other person having control or charge of such child in the juvenile court or other court of competent jurisdiction of such county, which court is hereby clothed with jurisdiction over all offenders and proceedings under this act, with full power to try and hear all complaints, impose fines, enforce their collection by distress or imprisonment, and to fully execute the provisions of this act. It shall be unlawful for any merchant, company, or other party, without the written permit of the board of directors of any country district, or of the board of education of any city of the first or second class, to employ any child therein, between the ages of eight and fifteen years, during the sessions of the school term or year, unless such child is exempt from attendance under the provisions of section 1; provided, that the board of directors of any country district or the board of education of any city of the first or second class shall have authority, in the exercise of a sound discretion, to permit temporary absences of children from school, between the ages of eight and fourteen years, in extreme cases of emergency or domestic necessity. Any parent, guardian or other person having control or charge of such child delinquent in school attendance, and any merchant, company or other party unlawfully employing such child, upon conviction of the violation of any provision of this act, or of the act of which this is amendatory, shall be adjudged guilty of a misdemeanor, and shall be fined in a sum not less than five dollars nor more than twenty-five dollars for each offense, and be committed to the county jail till same is paid; all fines collected shall be paid into the county treasury for the support of the common schools. It shall be the duty of all county attorneys, for country districts, in their respective counties, and of all city attorneys, in their respective cities, to prosecute all complaints filed and actions brought under this act or under the provisions of the act of which this is amendatory. (Laws 1907, ch. 317, sec. 1.)

SEC. 206. Incorrigible Pupils. [7738] In case any pupil becomes an habitual truant, or becomes a menace to the best interests of the school which he is attending,41 then it shall be the duty of the truant officer to report said facts and conditions to the parents or guardian of said child. The parent shall be held liable under the provisions of this act for the regular attendance and good conduct of said child, unless said parent or guardian shall state in writing to said truant officer that said child is beyond the control of said parent or guardian. Then it shall be the duty of the truant officer to proceed against said pupil under the provisions of the law governing juvenile disorderly persons. Cities of the first and second class will each

41. Repeated and willful disobedience of the rules of school is a menace to the best interests of the school.

constitute a separate district for the administration of this act, and the truant officer or officers of such cities shall be appointed by the respective boards of education of said cities; provided, that there shall be in such cities but one truant officer for each 10,000 children, according to the school enumeration; provided further, that no city shall have more than five truant officers. The truant officers42 of cities shall enforce the provisions of this act in the manner and under such penalties as are prescribed by section 243 of this act. (Laws 1903, ch. 423, sec. 3.)

SEC. 207. Compensation of Truant Officers. [7739] The truant officers provided for in this act who are appointed by the board of county commissioners shall receive from the county treasury two dollars for each day for actual services.44 The truant officers provided for in this act who are appointed by the board of education of any city of the first or second class shall receive from the treasury of such board of education two dollars for each day for actual service. Such truant officers shall be paid by the respective counties 45 or board of education in the same manner as other employees are paid; provided, that no warrant shall be issued either on the county treasurer or the treasurer of the board of education for such services until the truant officer shall have filed an itemized statement of the time employed in such service, and such statement shall have been certified to by the county superintendent of public instruction or by the clerk of the board of education in the city in which such truant officer is employed; provided further, that no truant officer shall receive pay for more days' service during any one year than the number of days the school is in session that year. (Laws 1903, ch. 423, sec. 4.)

SEC. 208. Teachers and School Officers to Report. [7740] All school officers are hereby required to make and furnish all reports that may be required by the county superintendent of public instruction or by the board of education of any city of the first and second class with reference to the workings of this act. Every teacher employed in the public schools in the state of Kansas is hereby required, before receiving each month's salary, to make a report to the county superintendent

42. Truant officers of cities of the first and second class are under the supervision of their respective boards of education or the city superintendent, who is the board's executive officer.

43. Section 205 of this book.

44. The truant officer may be appointed probation officer of the juvenile court, as provided in section 479 of this book.

45. When the county superintendent has approved the bill of the truant officer, the county commissioners (or auditor) of the county have no option but to order payment of same. Truant officers are not entitled

to pay for traveling expenses. They are entitled to pay for a reasonable amount of office work in connection with their regular duties.

of public instruction or to the superintendent of the city in which he may be employed, showing the names and addresses of all pupils who have been truant or habitually absent from school during the previous month, and stating reasons for such truancy or habitual absence in each case, if known. All such cases of truancy so reported shall be brought to the notice of the proper truant officer by the county superintendent of public instruction or by the superintendent of the city by which he is employed. (Laws 1903, ch. 423, sec. 5.)

SEC. 209. Annual School Census. [7741] In order that the provisions of this act may be more definitely enforced, it is hereby provided that the enumerators46 of school children, in taking their annual school census, shall ascertain and record the name, place47 and date of birth of every child enumerated, and the parent, guardian or persons having charge or control of such child shall subscribe and take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation; and any parent, guardian or person having charge or control of any child who shall refuse to take such oath or affirmation shall be adjudged guilty of misdemeanor, and upon conviction thereof shall be fined in any sum not less than one nor more than ten dollars. (Laws 1903, ch. 423, sec. 6.)

SEC. 210. Deaf, Mute and Blind Must be Educated. [7742] That every parent, guardian, company, corporation, association, person or persons within the state of Kansas having control or charge of any deaf, dumb or blind child or person between the ages of seven and twenty-one years, inclusive, shall be required to send such child or person to some suitable school where deaf and blind are taught and educated. The instruction given the deaf shall be conducted either orally or by sign method, or both, for a period of at least five months in each year; provided, that this will not apply to such child or person where skilled private instruction is given for the same length of time each year. It shall be the duty of the truant officer provided in section 2, Laws of 1903, to enforce the provisions of this act, the same as provided for the enforcement of chapter 423, Laws of 1903. (Laws 1905, ch. 384, sec. 1.)

SEC. 311. Penalty. [7743] Any parent, guardian, company, corporation, association, member of any company, corporation, or association, person or persons who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be adjudged to pay a fine in any sum not to exceed $100. (Laws 1905, ch. 384, sec. 2.)

46. In all districts under the supervision of the county superintendent the district clerk is the enumerator.

47. Address at the date of census.

SEC. 212. Education of Children in Asylums. [5569] Whenever it shall be necessary and practicable, poor children of the asylums who can not be bound out, or whom it may not be expedient to bind out, shall be educated thereat, or at the schools of the district in which such asylums may be situated, or in some adjacent district, and the board of county commissioners of any such county may arrange with such school district or districts for the education of such children and allow a reasonable tuition fee therefor. (Laws 1905, ch. 385, sec. 1.)