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. 426. 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 1891, ch. 88, sec. 1.)

SEC. 427. 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. 428. 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. 429. How Executed. [7597.] All conveyances for the property mentioned in the preceding section [428] 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. 430. Powers. [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;157 and to exercise the sole control over the schools and school property of the city;158 and maintain such high school, in whole or in part, by demanding, collecting and receiving a tuition fee for and from each and every scholar or pupil attending such high school.159 (Laws 1889, ch. 224, sec. 1.)

NOTE. See sections 371 to 380 for the organization and election of boards of education in cities of the second class.

SEC. 431. President. [7602.] It shall be the duty of the president to preside at all the meetings of the board of education, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school moneys. (Laws 1876, ch. 122, art. 11, sec. 11.)

SEC. 432. Vice President. [7603.] It shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. (Laws 1876, ch. 122, art. 11, sec. 12.)

SEC. 433. Bond of Clerk.160 [7605.] Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of $1000, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of the duties of his office. (Laws 1876, ch. 122, art. 11, sec. 14.)

SEC. 434. Treasurer. [7606.] The treasurer shall prepare and submit in writing a monthly report of the state of the finances of the district; and shall, when required, produce at any meeting of the board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office; he shall pay moneys only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the clerk; and shall execute a bond in such sum as the board may require, with sufficient sureties, to be approved by the board, conditioned for the faithful dis

157. For provisions for manual training in schools in cities of the second class see section 298 of this book.

158. See sections 382 and 492 of this book for power to condemn schoolhouse sites.

159. It is unconstitutional to collect tuition from pupils of the school district as provided in section 430. (See Board of Education v. Dick, 70 Kan. 434.)

160. A member of the board cannot legally serve as clerk of the board and draw pay therefor.

charge of his duties of treasurer to such board. (Laws 1876, ch. 122, art. 11, sec. 15.)

SEC. 435. Annual School Tax. [7608.] That the board of education in cities of the second class shall, on or before the 15th day of July of each year, levy a tax for the support of the schools of the city for the fiscal year next ensuing, not exceeding in any one year twenty mills 161 on the dollar on all personal, mixed and real property within the district which is taxable according to the laws of the state of Kansas, which levy the clerk of the board shall on or before August 1 certify to the county clerk, who is hereby authorized and required to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes, and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. (Laws 1905, ch. 399, sec. 1.)

SEC. 436. Limitation of Levy. [9416.] The authority of boards of education in cities of the second class to levy taxes as provided in chapter 399, Laws of 1905, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of six mills. (Laws 1909, ch. 245, sec. 23.)

SEC. 437. Limitation of Levy. [Laws 1911, ch. 265, sec. 1.] The authority of boards of education in cities of the second class having an assessed valuation of less than one million dollars to levy taxes as provided in section 7608 of the General Statutes of 1909 is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of nine mills.

SEC. 438. Oath of Office. [7622.] Each member of the board of education and officer provided for in this article shall take and subscribe an oath or affirmation to support the constitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. The oath and bond of the clerk shall be filed with the treasurer. All other oaths and bonds shall be filed with the clerk. (Laws 1876, ch. 122, art. 11, sec. 32.)

SEC. 439. Taxable Property. [7609.] The taxable property of the whole city, including the territory attached for school purposes, shall be subject to taxation. All taxes collected for the benefit of the schools shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 11, sec. 19.)

SEC. 440. Meetings of Board. [7610.] The regular meetings of the board of education shall be upon the first Monday of each month, but special meetings may be held from time to 161. Limited to six mills by Laws 1909, ch. 245, sec. 23 (section 436 of this book). (See, also, section 437 of this book.)

time, as circumstances may demand. (Laws 1876, ch. 122, art. 11, sec. 20.)

SEC. 441. Annual Report. [7611.] The board of education, at the close of each school year or as soon thereafter as practicable, shall make an annual report of the progress, prosperity, and condition, financial as well as educational, of all the schools under their charge; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws of 1876, ch. 122, art. 11, sec. 21.)

SEC. 442. Expenditures; Contracts. [7612.] No expenditures involving an amount greater than $200 shall be made except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than $500 for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals, and to the lowest responsible bidder.162 (Laws 1876, ch. 122, art. 11, sec. 22.)

SEC. 443. Sectarian Doctrine. [7613.] No sectarian doctrine shall be taught or inculcated in any of the public schools of the city; but the Holy Scriptures, without note or comment, may be used therein. (Laws 1876, ch. 122, art. 11, sec. 23.)

SEC. 444. Bond Election. [7615.] It shall be the duty of the mayor of each city governed by this act, upon the request of the board of education, forthwith to call an election, to be conducted in all respects as are the elections for city officers in the same cities, except that the returns shall be made to the board of education, for the purpose of taking the sense of such district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds asked for, and the purpose for which they are to be issued. (Laws 1876, ch. 122, art. 11, sec. 25.)

163

SEC. 445. Execution of Bonds. [7616.] The bonds, the issuance of which is provided for in the foregoing section,1 shall be signed by the president, attested by the clerk and countersigned by the treasurer of the board of education; and said bonds shall specify the rate of interest and the time when principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty dollars. (Laws 1876, ch. 122, art. 11, sec. 26.)

SEC. 446. Levy for Interest and Sinking-fund. [7617.] The board of education, at the time of its annual levy of taxes for the support of schools as hereinbefore provided, shall also levy a sufficient amount to pay the interest as the same ac

162. A member of the board cannot legally enter into contract with the board to furnish supplies for the schools under said board's control nor to perform any service for said board for which said member draws pay. (See section 221 of this book.)

163. Section 444 of this book.

crues on all bonds issued under the provisions of this article, and also to create a sinking-fund for the redemption of said bonds, which it shall levy and collect, in addition to the rate per cent authorized by the provisions aforesaid for school purposes; and said amount of funds, when paid into the treasury, shall be and remain a specific fund for said purpose only, and shall not be appropriated in any other way except as hereinafter provided. (Laws 1876, ch. 122, art. 11, sec. 27.)

SEC. 447. Bonds. [Laws 1911, ch. 260, sec. 1.] That section 7614, General Statutes of Kansas 1909, be and the same is hereby amended to read as follows: Sec. 7614. That whenever it shall become necessary for the board of education of any city of the second class to provide funds for the purchase of a school site or sites, or to erect a suitable building or buildings thereon, or to fund any bonded indebtedness or any floating indebtedness which may at present exist in the public schools of said cities of the second class, it shall be lawful for the board of education of such city of the second class to borrow money for such purposes; and for such purpose or purposes the said board of education is hereby authorized and empowered to issue bonds bearing a rate of interest not exceeding five per cent per annum, payable annually or semiannually at such time and place as may be mentioned on the face of the bonds, which shall be payable in not more than twenty years from their date, and the board of education is hereby authorized and empowered to sell such bonds at not less than their par value; provided, that no such bonds, except refunding bonds, shall be issued until the question of issuing the same shall be submitted to a vote of the people, and a majority of the qualified electors, male and female, who shall vote on the question of [at] any election called for the purpose shall have declared by their votes in favor of issuing such bonds; provided further, that the total indebtedness of the said board of education shall not thereby be increased to an amount exceeding two per cent of the authorized valuation of the territory within the jurisdiction of said board of education; provided further, that the board of education of cities of the second class may issue bonds at any time without such election to pay outstanding warrants or floating indebtedness which may exist at the passage of this act; and such board of education may issue at any time a bond for a sum not greater than ten hundred dollars to raise money to pay for needful repairs on school buildings or heating plants for the public-schools buildings, if the state school superintendent shall approve in writing such issue of bonds for floating indebtedness, and for the purpose in the above proviso; provided, it shall not at any time exceed an aggregate amount of the sum of five thousand dollars; provided further, that the right granted herein to boards of education to issue bonds without such election shall not be construed to authorize and [an] issue [of] bonds which, with