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if they can be purchased on terms as favorable to the board. as any others offered for sale to the said board. All bonds of the said board purchased under the authority hereby given, or paid by the board, shall be forthwith canceled and destroyed, and the clerk shall enter on the bond register of the said board, on the margin of the record of said bonds, the date when the same were purchased and the price paid; and thereafter no interest or sinking-fund shall be levied or collected for or on account of said bonds so canceled. Such sinking-fund shall never be used nor appropriated in any other manner whatever. (Laws 1876, ch. 122, art. 10, sec. 27.)

SEC. 413. Interest. [7581.] Whenever the interest of the above-mentioned bonds shall become due, the same shall be paid by the treasurer. (Laws 1876, ch. 122, art. 10, sec. 28.)

SEC. 414. Security. [7582.] The credit of the school fund of the city is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 10, sec. 29.)

SEC. 415. Bond Registry. [7583.] It shall be the duty of the clerk of the board of education to register, in a book provided for that purpose, the bonds issued under this act, which said registry shall show the number, date and amount, and to whom is made payable, each of said bonds. (Laws 1876, ch. 122, art. 10, sec. 30.)

SEC. 416. Refunding of Outstanding Bonded Debt. [7586.] The board of education of any city of the first class is hereby authorized and empowered to refund any and all outstanding bonds heretofore issued by order of said board by issuing new bonds to the holders of such outstanding bonds; provided, that such new bonds shall not be for greater amount than the par value of the bonds refunded. Such refunding bonds shall severally be of such amount as said board shall direct, and shall state for what purpose issued, and be payable to the person to whom issued or bearer within twenty years after date, and shall bear interest at the rate not exceeding five per cent per annum, payable semiannually, on January 1 and July 1, as evidenced by coupons attached. All bonds refunded under the provisions of this act shall be noted as surrendered and canceled on the registry of the said board and the same shall be destroyed in the presence of said board. (Laws 1903, ch. 79, sec. 1.)

SEC. 417. Bonds Registered. [7587.] The bonds hereby authorized shall be numbered, and shall be registered in the book kept by said board for the registry of its bonds; and said bonds shall be signed by the president and clerk of said board, attested with the seal of said board by the clerk, and countersigned by the treasurer of said city. (Laws 1879, ch. 81, sec. 4.) SEC. 418. Levy of Bond Tax. [7588.] The board of education, and any and all boards, body, or officers, by law au

thorized to levy and collect taxes in and for said city for the support of schools therein, shall, at the same time and in the same manner as the other taxes for school purposes are levied and collected, and in each and every year until said bonds and interest are fully paid, as hereinbefore provided, levy or cause to be levied upon all the property within the said city subject to taxation for school purposes a tax or taxes sufficient in amount to pay and discharge two of the coupons of each of the bonds issued under the provisions of this act, and then outstanding, and cause the same to be collected in the same manner as other school taxes are collected, and with the money so collected pay and discharge the coupons for which said tax or taxes were levied. And it shall be the duty of the clerk of the said board to forthwith, on the payment of any such coupons, note their payment upon the registry of said bonds, and present the same to the board, and in their presence cancel the same in such manner as the board shall direct; and said coupons shall be carefully preserved until the final payment of said bonds, and then destroyed; and the possession of such coupons by the board shall be conclusive evidence of their payment. And the said board shall issue no bonds hereafter, except the refunding bonds provided for by this act. (Laws 1879, ch. 81, sec. 5.)

SEC. 419. Penalty. [7589.] If said board of education, or other board, body, or officer, whose duty it shall be to levy taxes for the payment of the coupons of the said bonds, as herein provided, shall neglect or refuse to levy the tax or taxes for the payment of the coupons as by this act required, each member of such board or body, and each officer, who shall vote against or otherwise oppose the levy and collection of such tax or taxes, or shall do any act to prevent or delay such levy and collection, 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. 420. 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.154 (Laws 1879, ch. 81, sec. 7.)

SEC. 421. Elections under Commission System. [877.] In all elections held for the election of city or school officers, or for the purpose of authorizing the issuance of any bonds for school purposes, or other public improvements, or in the adoption or rejection of this act, and in all elections held under this act, the right of any citizen to vote shall not be denied or abridged on account of sex, and women may vote at such elections the same as men and under like restrictions and qualifications, and any woman possessing the qualifications of a voter under this act shall also be eligible to any such city or school office. (Laws 1909, ch. 74, sec. 1.)

154. Section 419 of this book.

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CHAPTER XXVII.-PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS.

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SECTION 422. Defined. [7592.] 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. 423. 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. 424. 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;155 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 onehalf 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 official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1903, ch. 234, sec. 1.)

SEC. 425. Attachment for School Purposes; Taxation; Representation. [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 155. School districts may be annexed to cities of the second class by section 424. See, also, section 494 of this book.

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