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at least once in two years, and as much oftener as consistent with the discharge of his other duties, for the purpose of advancing and promoting the cause of education throughout the state. It shall be his duty to recommend the most approved text-books for the common schools of the state, and to open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other states. (Laws 1879, ch. 166, sec. 85.)

SEC. 475. Office. [8921.] Such superintendent shall have an office in the capitol, where he shall keep all books and papers pertaining to the duties of his office; and all books, school and other, and all apparatus, maps and charts now belonging to the office of the state superintendent, and such as may hereafter be received for such office by purchase, exchange, or otherwise, shall be kept and preserved in such office, and delivered by the superintendent to his successor. He shall file and carefully preserve in his office the official reports made to him by the county superintendents of the several counties, trustees or directors of academies, graded schools, or colleges. (Laws 1879, ch. 166, sec. 86.)

SEC. 476. Copies of Papers. [8922.] Copies of all papers filed in his office, and the record of his official acts, may be certified by him, and when so certified shall be evidence equally and in like manner as the originals. (Laws 1879, ch. 166, sec. 87.)

SEC. 477. Biennial Report. [8923.] The superintendent shall, on the 1st day of December preceding each regular session of the legislature, make out and deliver to the governor a report containing: (1) A statement of the number of common schools in the state, the number of scholars attending the same, their sex, and the branches taught; a statement of the number of private or select schools in the state, so far as the same can be ascertained, and the number of scholars attending the same, their sex, and the branches taught; a statement of the number of normal schools in the state, and the number of students attending them; the number of academies and colleges in the state, and the number of students, and their sex, attending them; and such other matters of interest as he may deem expedient, drawn from the reports of the county superintendents of the several counties in the state, and from other reports received on the subject of education from trustees or other school boards within the state. (2) A statement of the condition of the common-school fund of the state, including moneys, school-lands or other property held in trust by the state for the support of common schools, and giving a full statement of the school-land account of each county. (3) A statement of the receipts and expenditures for the year. (4) A statement of plans for the management and improvement of common schools, and such other information relating to the educational interests of the state as he may deem important. (Laws 1879, ch. 166, sec. 88.)

CHAPTER XXXI.-SCHOOL DISTRICTS.

ARTICLE I.

$478. Shall be deemed organized, when.
479. Shall be a body corporate.
480. Joint districts, how formed and

designated.
481. Joint-district fund.
482. Annual meeting, when held; notice;

special meetings. 483. When business of annual meeting

may be transacted at special

meeting ; when and how called. 484. Notice of district meetings. 485.

Who may vote at district meetings. 486. How to proceed when a voter is chal

lenged. 487. Powers of district meetings.

$488. Limitation of levy.
489. District meetings may

determine length of school term, etc. ; when

board may determine the same. 490. Schoolhouse site may be changed. 491. Value of schoolhouse, how deter

mined. 492. Schoolhouse site may be condemned,

when and how. 493. Schoolhouse site acquired from school

lands. 494. Territory annexed to city by ex

tension of limits. 495. Duty of county superintendent. 496. Appeal to commissioners.

SECTION 478. Organization. [7396.] Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superintendent in writing, which the superintendent shall file in his office, 168

(Laws 1876, ch. 122, art. 3, sec. 1.) SEC. 479. Body corporate. [7397.] Every school district 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 school district No. (such a number as may be designated by the county superintendent), — county (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding 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. 3, sec. 2.)

SEC. 480. Joint Districts. [7398.] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when application shall be made in writing to any one of them by five householders resident therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices; and such district so organized shall be designated joint district No. —, counties of -; and the boundaries of such district shall not be altered except by the joint action of the superintendents of

168. Officers elected at the first district meeting hold only until the next annual election.

the several counties represented in said district;169 provided, that if in the alteration of or refusal to alter the boundaries of any joint school district, any person or persons shall feel aggrieved, such person or persons may appeal to the state superintendent of public instruction,169 and notice of such appeal shall be served on the superintendents of the several counties represented in said district within ten days after the rendition by them of the decision appealed from, which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction; and it shall be the duty of the county superintendent in whose possession are the papers connected with the action appealed from to transmit the same to the state superintendent of public instruction, immediately upon being served with notice of appeal, as hereinbefore presented; and thereupon the state superintendent of public instruction shall fix a time for the hearing of said appeal, and notify the several county superintendents in-. terested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith; and provided further, that each joint district, except in matters relating to the alteration of the boundaries thereof, shall be under the jurisdiction and control of the superintendent of that one of the counties represented in such district which has the largest amount of territory embraced within the boundaries of such joint district. (Laws 1879, ch. 158, sec. 1.)

SEC. 481. Joint-district Fund. [7399.] Whenever it shall appear that any school district in this state lies or is in two or more counties it shall be the duty of the treasurer of the county or counties having the smaller amount of territory in said district to transfer to the treasurer of the county having the greater amount of territory of said district, before the 10th day of January, 1st day of July and 20th day of September of each year, all moneys in his hands belonging to said district, including all money for the payment of bonds or interest on bonds of said district; and the treasurer receiving said money shall issue therefor and forward to the treasurer so sending the money receipts in triplicate, one of which said treasurer shall file with the county clerk of the county, and the board of county commissioners thereof shall give said treasurer proper credit therefor. One of said receipts shall

169. Division of Joint District. A joint district cannot be divided on the county line, thus forming two districts, one in each county. Such action would involve the disorganization of a joint school district, which a county superintendent is not authorized to do, except in special cases provided for by law. There is no appeal in the formation or refusal to form a joint district.

be sent to the county clerk of the county to which the money was sent, who shall charge the county treasurer with the amount thereof. (Laws 1889, ch. 226, sec. 1.)

SEC. 482. Annual and Special Meetings. [Laws 1911, ch. 283, sec. 1.] That an annual school meeting of each school district, of each consolidated school district, of each union or graded school district, and of each school district for which the date of the annual meeting has been fixed by a special act of the legislature, shall be held on the second Friday in April in each year, at two o'clock P. M. Notice of the time and place of said annual meeting shall be given by the clerk by posting written or printed notices in three public places within the district at least ten days before said meeting. 170 Special meetings may be called by the district board or upon a petition signed by ten legal voters of the district, but notice of such special meeting, stating the purpose for which it is called, shall be posted in at least three public places within such district ten days previous to the time of such meeting; provided, that the annual school meeting for union or graded school districts comprising the territory of 'wo or more school districts shall be held at two o'clock P. M. on the Thursday immediately preceding the second Friday in April in each year.

SEC. 483. Special Meetings. [7403.] Whenever the time for holding an annual meeting in any district shall pass without said meeting being held, the clerk, or, in his absence, any other member of the district board, within twenty days after the time for holding said annual meeting shall have passed, may give notice of a special meeting, by putting up written notices171 thereof in three public places within the district, at least five days previous to the time of meeting; but if such meeting shall not be notified within twenty days as aforesaid, the county superintendent may give notice of such meeting in the manner provided for forming new districts; and the officers chosen at such special meeting shall hold their offices until the next annual meeting, and until their successors are elected and qualified. (Laws 1876, ch. 122, art. 3, sec. 7.)

SEC. 484. Notice of Meetings. [7404.] It shall be the duty of the clerk to give at least ten days' notice previous to any annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the schoolhouse, if there be one in the district, and said clerk shall give the like notice of every adjourned meeting, when such meeting shall have been adjourned for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting not specified in said notice. (Laws 1876, ch. 122, art. 3, sec. 8.)

170. A failure on the part of the district clerk to post the notices of the time and place of the annual meeting will not invalidate the proceedings of said meeting.

171. Notices of special meetings must be posted as required by law. A failure to so post them will invalidate the action of the meeting.

SEC. 485. Qualified Voters. [7405.] The following persons shall be entitled to vote at any district meeting: (1) All persons possessing the qualifications of electors as defined by the constitution of the state, and who shall have been in good faith residents of the district for thirty172 days next prior to the time of offering to vote at said election. (2) All female persons over the age of twenty-one years, not subject to the disqualifications named in section 2,173 article 5, of the constitution of the state, and who shall be residents in good faith in the district for thirty days next prior to the time of offering to vote at said election.174 (Laws 1889, ch. 123, sec. 1.)

SEC. 486. Challenge. [7406.] If any person offering to vote at a school-district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to the person challenged the qualifications of a voter, and if such challenge be not withdrawn, the chairman, who is hereby authorized, shall tender to the person offering to vote the following oath or affirmation: "You do solemnly swear (or affirm) that you are an actual resident of this school district, and that you are qualified by law to vote at this meeting.” Any person taking such oath or affirmation shall be entitled to vote on all questions voted upon at such meeting. (Laws 1876, ch. 122, art. 3, sec. 10.)

SEC. 487. Powers of District Meeting. [7407.] The inhabitants qualified to vote at a school meeting lawfully assembled shall have power: First to appoint a chairman to preside over said meeting in the absence of the director; second, to adjourn from time to time ;175 third, to choose a

172. Voters who have come into a district by reason of attachment of territory to said district, by disorganization of said voters' original district by any legal process, retain all rights of suffrage at school elections and meetings, regardless of the thirty-day restriction.

173. See section 171, General Statutes of 1909.

174. Naturalization. A woman of foreign birth who is the wife of a naturalized foreigner, but who has not herself taken out naturalization papers, is entitled to vote at any school-district meeting, provided she possesses the other necessary qualifications. The naturalization of the husband naturalizes the wife and all children who are under the age of twenty-one years.

175. Adjournment. A district meeting has the right to adjourn from time to time, and if an adjournment is taken to a particular time, any business can be transacted at this adjourned session that might have been transacted at the regular meeting. No additional notice is necessary, unless the meeting shall have been adjourned for a longer period than one month. (See sec. 427.)

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