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CHAPTER XIX.-LEVIES.

$344. Levies, general limitation.
345. Levies, exceptions to limitations.
346. Increasing the levy.

$347. County clerk, excessive levies.
348. Penalty, officers.

SECTION 344. Levies, General Limitation. [9418.] All levies authorized in any taxing district by statute, and which are not expressly limited herein, are hereby limited so that no such levy shall be made in excess of twenty-five per cent of the rates so authorized. (Laws 1909, ch. 245, sec. 25.)

SEC. 345. Levies, Exceptions to Limitations. [9419.] No limitation imposed by this act shall in any wise apply to or in any way limit any levy which is authorized by statute for the purpose of creating sinking- and interest-funds necessary to liquidate at maturity the principal and interest of any indebtedness authorized by law; nor shall any provision of this act apply to or in any way limit special taxes levied by ordinance in any city. And nothing in this act shall be construed to limit the levy provided by any special act heretofore passed for the construction of roads, and under which any county is now operating. (Laws 1909, ch. 245, sec. 26.)

SEC. 346. Increasing the Levy. [9420.] If any board of levy, or any officer that is charged with the duty of levying tax in any taxing district, shall be of the opinion that the amount of tax limited by this act will be insufficient for the needs of such taxing district for the current year, the question of an increased levy may be submitted to the voters of such taxing district at a general election or at a special election called for the purpose in the manner provided by law for calling special elections in such taxing district; provided, that under the provisions of this section a vote may be had upon the question of an increased levy at the annual meeting of any school district. If any such question of increasing the levy shall be submitted at any election or meeting as above set forth, due notice thereof shall be given for at least thirty days in advance of such election or meeting by publication in the official county paper for all taxing districts, except school districts; but in school districts by posting a notice in the manner provided by law for other elections or meetings; said notice shall also give the proposed increase in the levy. If three-fourths of the votes cast at any such election shall be in favor of the increased levy, as named in said election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply, unless an increased levy for a particular year shall be voted at another election in like manner. (Laws 1909, ch. 245, sec. 27.)

SEC. 347. County Clerk; Excessive Levies. [9421.] Any levy which may be certified to the county clerk in excess of the limitations placed by this act shall be unlawful, and in any such case it shall be unlawful for the county clerk of any county within the state to enter upon the tax-roll of the county any such excessive levy; and in case of any such excess in any levy it is hereby made the duty of the county clerk and he is hereby required to reduce such levy and to extend upon the tax-roll only such a part thereof as will comply with the provisions of this act. (Laws 1909, ch. 245, sec. 27.)

SEC. 348. Penalty; Officers. [9422.] Any officer of any taxing district or any county clerk who shall violate any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and shall also be subject to removal from office by a civil action. (Laws 1909, ch. 249, sec. 29.)

CHAPTER XX.-LIBRARIES, SCHOOL DISTRICT.

$349. School dstricts may vote a tax not to exceed two mills for district library.

350. The money so collected shall be used for no other purpose.

SECTION 349. Library Fund.

$351. Librarian to be appointed by district board.

[7546.] That the several school districts of the state may, at the annual meeting in each year, vote a tax139 upon all the taxable property of the district, not to exceed two mills140 on the dollar, which tax shall be certified by the district clerk to the county clerk, at the same time and manner as other school-district taxes are certified; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid; provided, however, that in the districts where the taxable property of the district is more than $20,000 and not more than $30,000, there shall not be levied more than one and one-half mills140 on the dollar; and where the taxable property is more than $30,000 and not more than $50,000, there shall not be levied more than one mill140 on the dollar; and in all cases where the taxable property of the district shall exceed $50,000, there shall not be levied more than one-half mill140 on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.)

SEC. 350. How Used. [7547.] The money so collected shall be used under the direction of the board of directors for the purchasing of a school-district library, and for no other purpose; and the district board, in the purchase of books, shall be confined to works of history, biography, science, and travels. (Laws 1876, ch. 122, art. 8, sec. 2.)

SEC. 351. Librarian; Rules. [7548.] The district clerk shall be the librarian, unless the board of directors shall appoint some other competent and suitable person, who shall reside in the district, to perform the duties of that office; and the board shall have power to make such rules and regulations in regard to the management of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. (Laws 1876, ch. 122, art. 8, sec. 3.)

139. The library tax is an additional levy.

140. Limited to twenty-five per cent of the above amounts by Laws 1909, ch. 245, sec. 25 (section 344 of this book).

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SECTION 352. Normal Institutes. [7509.] The county superintendents of public instruction shall hold annually, in their respective counties, for a term of not less than four weeks, a normal institute for the instruction of teachers and those desiring to teach; provided, that in the sparsely settled portions of the state, two or more counties may be united in holding one normal institute, as hereinafter provided. (Laws 1877, ch. 136, sec. 1.)

SEC. 353. Conductor and Instructors. [7510.] The county superintendent of public instruction, with the advice and consent of the state superintendent of public instruction, shall determine the time and place of holding such normal institutes, and shall select a conductor and instructors for the same; provided, that no person shall be paid from the institute funds141 for services as conductor or instructor of said institutes who has not received a certificate142 from the state board of examiners as to his special qualifications148 for that work.144 (Laws 1877, ch. 136, sec. 2.)

SEC. 354. Normal-institute Fund. [7511.] To defray the expenses of said institute, the county superintendent shall require the payment of a fee of one dollar from each candidate for a teacher's certificate,145 and the payment of one dol

141. The law does not forbid the county superintendent to permit a person who has not been authorized by the State Board of Education to instruct in his institute, but he cannot pay for said services from the public funds.

142. Holders of special institute certificates must confine their instruction to the branches named in said special certificates.

143. It is contrary to public policy for an uncertificated person to instruct in a normal institute.

144. The county superintendent can conduct or instruct in his own institute without a certificate, but he cannot legally draw pay for such service.

145. The county superintendent must require the payment of a fee of one dollar from each candidate for a teacher's certificate. This fee should also be charged for temporary certificates and for the renewal of professional certificates. This fee should be collected in advance, and it cannot be returned to the unsuccessful applicant.

lar registration fee for each person attending the normal institute; and the board of county commissioners shall appropriate such sum as the county superintendent may deem necessary, for the further support of such institutes;146 provided, such appropriation does not in any one year exceed the sum of $100. (Laws 1901, ch. 267, sec. 1.)

SEC. 355. Custodian. [7512.] The fund thus created shall be designated the "normal-institute fund," and the county treasurer shall be the custodian of said fund. (Laws 1877, ch. 136, sec. 4.)

SEC. 356. Monthly Reports. [7513.] The county superintendent shall, monthly, and at the close of each institute, transmit to the county treasurer all moneys received by him, as provided in section 3,147 together with the name of each person so contributing, and the amount; and the county treasurer shall place all such moneys to the credit of the "normalinstitute fund." (Laws 1877, ch. 136, sec. 5.)

SEC. 357. State Aid. [Laws 1911, ch. 270, sec. 1.] That section 7514 of the General Statutes of Kansas of 1909 be and the same is hereby amended so as to read as follows: Sec. 7514. It shall be the duty of the state superintendent of public instruction, annually, when twenty-five persons have registered as members of any normal institute organized under the provisions of this act and have paid the required registration fee, to certify the same to the auditor of state, who shall forward to the county treasurer of said county an order on the treasurer of the state for the sum of fifty dollars, to be paid out of any money appropriated for that purpose; which amount the county treasurer shall place to the credit of the "normal-institute fund"; provided, that when two or more counties shall unite in holding a normal institute in accordance with the provisions of the next succeeding section, and there shall be registered as members of such institute a number of persons which equals or exceeds the average of twentyfive for each county thus uniting, that said institute shall be entitled to receive the sum of fifty dollars for each county so united.

SEC. 358. Disbursements. [7515.] All disbursements of the "normal-institute fund" shall be upon the order of the county superintendent, and no orders shall be drawn on said fund except for claims approved by the county superintendent, for services rendered or expenses incurred in connection with the normal institutes.148 (Laws 1877, ch. 136, sec. 7.)

146. The board of county commissioners are required by law to make this appropriation.

147. Section 354 of this book.

148. It is unlawful for the county treasurer to pay an order on the "normal-institute fund" drawn "for services rendered," in favor of any

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