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CHAPTER VII.- Consolidation. $213. Temporary consolidation of districts 8217. Powers of district meetings of disby county superintendent.

trict board. 214. Procedure in consolidation.

218. County superintendent to be notified. 215. Consolidation with district contain: 219. Record boundaries. ing a graded school.

220. Property of districts. 216. Transportation of pupils.

221. Name.

222. Duties and powers of district board. SECTION 213. Temporary Consolidation of Districts by County Superintendent. [7428] The county superintendent of public instruction may, when any two or more adjoining school districts have less than five pupils each of school age, combine the pupils of such districts, and provide for a term of school, which shall be divided among the districts so combined as he shall deem most convenient, and to which the pupils of each shall be admitted; he shall prorate the expense between the districts in proportion to the number of pupils from each, and shall certify same to the county clerk on or before the 1st day of August of each year, and the board of county commissioners shall levy a tax against the property of said district sufficient to raise the amount shown by the said certificate; provided, that whenever the school population of such districts so combined or of any school district shall become less than five no term of school shall be held, but provision shall be made by the county superintendent for sending pupils to other schools, as now provided by law in the case of districts which vote to have no school, and in no case shall more than one school be held at the same time in any school district, consolidated or otherwise, unless there be a regular attendance of at least five bona fide pupils for each of the additional schools in said district. All contracts with teachers shall be made subject to the provisions of this act. (Laws 1901, ch. 307, sec. 11.)

SEC. 214. Procedure in Consolidation. By order of the district board, or by a written petition of twenty-five per cent of the voters of any school district, the clerk of said school district shall post printed notices as required for school-district meetings, calling a school-district meeting at the schoolhouse of said district for the purpose of voting upon a proposition to consolidate said school district with one or more school districts as stated in said notices. The vote in any district may be made conditional on a similar proposition carrying in part or all of the districts voting. In any school district voting on the proposition a majority of the votes cast shall be sufficient to carry the proposition in said district. The vote at such schooldistrict meeting shall be by ballot, which shall read “For consolidation" or "Against consolidation." Upon such proposition being carried, the clerk of said school district shaīl there

upon, in writing, notify the county superintendent of such action. Upon receiving such notice, it shall be the duty of the county superintendent to designate a time and place for a meeting for the purpose of electing a school board, consisting of a director, clerk and treasurer, notice of which meeting shall be given by printed notices posted in five public places in the districts uniting. As soon as such officers are elected and have taken the oath of office, the county superintendent shall declare the old districts disorganized; provided, that said school board is authorized to maintain separately till the end of the term any schools that may be in session at the time of consolidation. (Laws 1911, ch. 275, sec. 1.)

( SEC. 215. Consolidation with a District Containing a Graded School. Any school district may be annexed to a school district containing a graded school upon a proposition for such annexation receiving a majority of votes cast at an election called for that purpose as provided for in section 1 of this act, and upon said proposition receiving the approval of the district board of the school district containing said graded school. Upon the county superintendent receiving notification that such proposition has been carried at said election and approved by the school board of the school district containing the graded school, the county superintendent shall annex said district. Such annexation shall take place in accordance with section 7435 of the General Statutes of 1909, and after such district is formed it shall be governed by the provisions governing consolidated districts. A graded school for the purpose of this act shall be one in which two or more teachers are employed. (Laws 1911, ch. 275, sec. 2.)

SEC. 216. Transportation of Pupils. The district board of consolidated school districts shall provide for the comfortable transportation of the pupils of said districts living two or more miles from the school by the usually traveled road in a safe and enclosed conveyance or conveyances, and shall establish such rules and regulations as may be necessary for carrying out the provisions of this section. (Laws 1911, ch. 275, sec. 3.)

SEC. 217. Powers of District Meetings and of District Board. The annual or special meetings of consolidated school districts shall have such general powers and duties as are provided by law for school district meetings.48 The duties and powers of

the district board of consolidated districts shall include those provided by law for district boards. (Laws 1911, ch. 275, sec. 4.)

SEC. 218. County Superintendent to be Notified. [7433] Upon the organization of such union school districts, as hereinbefore provided, the clerk of the board thereof shall notify

48. See chapter X of this book.

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the county superintendent in writing that such action has been taken. (Laws 1901, ch. 305, sec. 3.)

SEC. 219. Record of Boundary. [7434] The boundary of the union district, when formed, shall include the territory of the districts so uniting, and the county superintendent shall, upon proper notice thereof, at once make a record of such boundary; provided, that by vote of the electors of any district uniting to form a union district part of the district may unite with one union district and part with another adjacent union district. (Laws 1901, ch. 305, sec. 4.)

SEC. 220. Property of Districts. [7435] Upon the organization of such union school district, all school property, except as hereinbefore provided, heretofore owned by the several districts so uniting, shall at once become the property of such union school district, and the board of directors of the said union school district are hereby authorized to dispose of any or all such property as the best interests of such district may require. (Laws 1901, ch. 305, sec. 5.)

SEC. 221. Name. [7437] Such union school district, when formed, shall be known as union school district No. —, county of

state of Kansas, and be a body corporate, with power to sue and be sued. (Laws 1901, ch. 305, sec. 7.)

SEC. 222. Duties and Powers of District Board.49 [7438] The duties and powers of the board of directors heretofore mentioned shall be the same as those provided by law for school-district boards. (Laws 1901, ch. 305, sec. 8.)

49. See chapter X of this book.

CHAPTER VIII.—County School Fund. $223. County treasurer.

$ 226. Moneys and property to be delivered 224. County clerk shall report to county

to proper officers. superintendent.

227. No compensation. 225. Justices shall report to county suo 228. Penalty.

perintendent proceeds of fines and 229. Unclaimed money.

230. Fines and penalties paid into com

mon-school fund. SECTION 223. .County Treasurer. [7730] 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 superintendent.50 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 misdemeanor, and be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.)

SEC. 224. County Clerk. [7731] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superintendent a true statement of any county school money then in the county treasury. (Laws 1876, ch. 122, art. 17, sec. 3.)

SEC. 225. Justice of the Peace. [7732] Each justice of the peace shall report to the county superintendent, on the 1st day of March and on the 25th 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 report to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be disbursed by the county superintendent at the next ensuing semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.)

50. The county school fund is added to the allotment received from the state school fund and apportioned as one fund by the county superintendent.

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SEC. 226. Moneys and Property. [7733] All persons having school moneys or other school property in their possession, by virtue of any act heretofore passed, are hereby required to pay over and deliver the same to the proper officers provided for by this act. (Laws 1876, ch. 122, art. 17, sec. 4.)

SEC. 227. No Compensation. [7734] No county treasurer shall receive any compensation for disbursing or receiving either county or state school moneys. (Laws 1876, ch. 122, art. 17, sec. 5.)

SEC. 228. Penalty. [7735] 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 $500 for every such neglect or failure. (Laws 1876, ch. 122, art. 17, sec. 6.)

SEC. 229. Unclaimed Money. [7698]. 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. (Laws 1876, ch. 122, art. 15, sec. 7.)

SEC. 230. Common-school Fund. [6908] 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. (Gen. Stat. 1868, ch. 82, sec. 332.)

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