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When said child's name and age does. not appear on the school census enumeration of said city or district, then said firm, person or corporation employing such child shall secure an affidavit from the parent or legal guardian of such child, which statement shall contain the facts and data as set forth in the above certificate, and shall be certified on oath before some officer authorized to administer oaths. Such certificate or affidavit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such certificate, and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to inspection of the proper authorities, as provided in this act. (Laws 1909, ch. 65, sec. 3.)

SEC. 99. Duties of Inspectors. [5097.] It shall be the duty of the state factory inspector, state inspector of mines and their deputies to inspect the certificates hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing-houses and mines and the vocations mentioned in section 2 of this act as to their age, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. (Laws 1909, ch. 65, sec. 4.)

SEC. 100. Penalty. [5098.] Any person, firm or corporation employing any person or child in violation of any provisions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days. (Laws 1909, ch. 65, sec. 5.)


$101. Qualification.
102. Term of office.
103. Official oath and bond.
104. General duties ; quarterly report to

state superintendent.
105. Apportionment of state and county

school funds. 106. Report school-district boundaries to

county clerk. 107. Shall furnish map to assessor. 108. Boundary lines reëstablished. 109. Boundary lines reëstablished in case

of error. 110. Annual report to state superin

tendent. 111. Compensation, how determined. 112. Salary schedule. 113. Traveling expenses. 114. Miscellaneous expenses. 115. Vacancy in board of directors of

school district, how filled. 116. Vacancy in office of county super

intendent, how filled. 117. Superintendent shall require clerks'

reports to be made promptly and

correctly. 118. Power to administer oaths, in what

cases. 119. Purchase of records for school dis

tricts. 120. Duty in forming and changing school


$121. Aggrieved persons.
122. Notice of forming school district

and of first meeting, how made.
123. Division of property.
124. Depopulated school district; indebted-

ness, how paid.
125. County treasurer shall pay orders.
126. Superintendent may disorganize.
127. When district shall be considered de-

128. Partially depopulated districts.
129. Partially depopulated districts; defi-

130. Petition.
131. County superintendent may attach.
132. Floating indebtedness.
133. Orders paid by county treasurer.
134. Disposition of funds.
135. Disposition of property.
136. Territory not liable.
137. Annexation of school districts.
138. Division of districts annexed.
139. Other duties ; delivery of records of

140. Neglect or refusal to perform duty;

prosecution of same.
141. Duty as agent of Orphans' Home.
142. Unlawful for county superintendents

to purchase school lands.
143. Trespassers on school lands.

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SECTION 101. 'Qualification. [7379.] That a person to be eligible to the office of county superintendent of public instruction must hold a professional certificate, first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months; provided, that this act shall not apply to any person now holding the office of county superintendent or to any person who is now a county superintendent elect. (Laws 1907, ch. 167, sec. 1.)

SEC. 102. Term of Office. [7377.] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year A. D. 1901. (Laws 1899, ch. 244, sec. 1.)

SEC. 103. Oath and Bond. [7380.] The county superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and execute to the state of Kansas a bond in the sum of $1000, conditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. (Laws 1881, ch. 152, sec. 1.)

SEC. 104. General Duties. [7381.] It shall be the duty of the county superintendent of public instruction to visit each

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school in his county at least once each term of six months, 58 correcting any deficiency that may exist in the government of the school,59 the classification of the pupils, or the methods of instruction in the several branches taught; to make such suggestions in private to the teachers as he shall deem proper and necessary to the welfare of the school; to note the character and condition of the schoolhouse, furniture, apparatus, and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall improve the same; to examine the accounts and record-books of the district officers, and see that they are kept as required by law; to encourage the formation of associations of teachers and educators for mutual improvement, and, as far as possible, to attend the meetings of such associations, and participate in the exercises of the same; to attend the normal held in his county, using his influence to secure the attendance of teachers; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his office, and do such work in connection with the exercises of the institute as he may deem necessary ;60 to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school questions and elevating the standard of education; to keep his office open at the county-seat, Saturday of each week, and in counties in which the superintendent receives a salary of more than $600 per annum, he shall keep his office open when not necessarily absent attending to his official duties.61 He shall keep a complete record of his official acts; a record of the name, age and postoffice address of each candidate for a teacher's certificate, with the number of weeks said candidate has attended a normal school or institute, the number of weeks he has taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers, employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date of superintendent's visit. He shall keep a record of the semiannual apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superintendent of pubic instruction. He shall make out and transmit to the state superintendent, on the last Monday of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school officers; the number of days his office has been kept open; the number of district treasurers' and clerks' record-books examined; the number of teachers' meetings attended; the number of public lectures delivered; and such other information as the state superintendent may require regarding the duties of such county superintendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for publication, and that fact certified by the said county superintendent to the board of county commissioners, the warrant for his salary shall not be drawn. The county superintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and immediately certify the same to the several school-district clerks of his county, for the information of the annual school meeting; and it is hereby made the duty of said county clerk to make out said certified statement, and deliver the same to the county superintendent. (Laws 1881, ch. 152, sec. 2.)

58. “At least once each term of six months" is held to mean at least once each half year.

59. The power to correct deficiencies in government, classification and methods of instruction implies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to establish this relation somewhat as it exists in city schools. Failure to pay reasonable attention to the suggestions of the county superintendent in these matters is held to be sufficient ground for withholding the teacher's certificate.

60. The county superintendent cannot receive compensation for work in connection with the normal institute.

61. The provisions of this section require the entire time of every county superintendent receiving a salary of over $600.

SEC. 105. Apportionment of School Funds. [7382.] Within five days after receiving the certificate of the state superintendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts ;62 provided, that no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds ;63 and he shall draw his order

62. A district that refuses or neglects to have the census taken according to law forfeits its right to a share of the annual school fund.

63. A district must not only have had a common school taught at least three months during the school year ending June 30, but must also have made through its district clerk the requisite annual report for the school year in time to be included in the annual report of the county superintendent, or the county superintendent cannot legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds, the county superintendon the county treasurer in favor 'of each of the several schooldistrict treasurers for the amount apportioned to such district. (Laws 1881, ch. 152, sec. 3.)

SEC. 106. School-district Boundaries. [7383.] The county superintendent is hereby required to furnish the county clerk with a description of the boundary of each school district, on or before the last Monday in May of each year. (Laws 1887, ch. 219, sec. 1.)

SEC. 107. Shall Furnish Map. The county superintendent of public instruction of the several counties of the state shall, on or before March 1 of each year, furnish to each assessor within his county a map of the city or township of such assessor, showing the number and metes and bounds of every school district or part of school district within his township or city. (Laws 1885, ch. 198, sec. 3.)

NOTE.— See section 106 of this book.

SEC. 108. Boundary Lines Reëstablished. [Laws 1911, ch. 274, sec. 2.] That in all counties in the state of Kansas where the records of the boundary lines of school districts heretofore established in the state have been lost or destroyed, it shall be the duty of the superintendent of public instruction of said county to reëstablish said lines as nearly as possible upon the lines theretofore established, and for this purpose he may examine such witnesses as to him or the parties in interest shall seem proper and sufficient to give him such information as is necessary to carry out the provisions of this act.

SEC. 109. Boundary Lines Reëstablished in case of Error. [Laws 1911, ch. 274, sec. 2.] That in any county where the records of the boundary lines of school districts heretofore established have been lost or destroyed, and an attempt has been made to reëstablish said lines, where it becomes evident to the county superintendent that the attempted reëstablishment ent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the several districts of the county, “as the same shall appear from the last annual reports of the clerks of the respective districts." For purposes of apportionment, it is only from the annual report of a clerk of a district that a county superintendent can legally know the number of children of school age residing in the district.

In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual report, the report of the new district should show the number of children resident of the territory detached from the old district, so that this apportionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitle said district.

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