bonded indebtedness. There shall be due to the new district72 from the old district the proportion of the value of the school property that the assessed valuation of property of the new district bears to the assessed valuation of the property of the old district. The county superintendent shall certify to the county clerk the proper tax levy against the taxable property of the old district to pay the amount due the new district. (Laws 1909, ch. 207, sec. 1.)

SEC. 124. Depopulated District. [7414.] That when a school district having a floating indebtedness, consisting of outstanding school orders, is now or shall hereafter become depopulated, it shall be the duty of the county commissioners, on information furnished by the county superintendent, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon the property of such depopulated district, which shall be extended by the county clerk on the tax-roll the same as other taxes; provided, that no levy shall 72. For the division of school property under the provisions of this section, the following rules are recommended, viz.:

FIRST RULE.

To be applied in dividing school property which has been procured with the proceeds of district taxes: (1) Find the assessed valuation of the taxable property of the undivided district, as returned on the last assessment roll of the county. (2) Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off, and which does not retain the school property. (3) Find the present value of the school property of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after discharging all indebtedness except bonded indebtedness. (4) Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. That product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off.

SECOND RULE.

To be applied in dividing such school property as consists of moneys received by the undivided district from the state and county school funds: (1) Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district. (2) Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property. (3) Find the amount of state and county school money remaining in the treasury of the undivided district at the time the division is made, after discharging all indebtedness except bonded indebtedness. (4) Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the territory which is to be cut off.

The same principle of division of property is to be followed in case the new district is formed from parts of two or more districts.

The county superintendent of public instruction should make the division of school property at the time of forming a new school district, but his failure to do so at the time does not impair the rights of said district.

exceed twenty mills73 on the dollar in any one year. (Laws of 1893, ch. 135, sec. 1.)

SEC. 125. County Treasurer Shall Pay. [7415.] That the county treasurer shall pay all school orders mentioned in the preceding section out of any funds standing to the credit of the school district on which said school orders are drawn; provided, that the county superintendent's order for the payment of the same shall be attached to such school order. (Laws 1893, ch. 135, sec. 2.)

SEC. 126. County Superintendents May Disorganize. [7416.] That the county superintendent may, in his discretion, after all indebtedness74 has been fully paid and canceled, declare such depopulated school district disorganized, and attach the territory belonging thereto to adjoining school districts. (Laws 1893, ch. 135, sec. 3.)

SEC. 127. When Depopulated. [7417.] The term "depopulated school district" as used in this act shall be held to mean a school district having fewer than five legal voters therein and fewer than seven persons between the ages of five and twenty-one years; such fact to be determined by the county superintendent. It shall be the duty of the county superintendent, upon the filing of a written request by the holder of an outstanding school order, to make an investigation of the school district issuing such order, and report to the board of county commissioners the facts as to the population as aforesaid; and such report shall be conclusive on that question. (Laws 1907, ch. 322, sec. 1.)

SEC. 128. Partially Depopulated Districts. [7418.] That the superintendent of public instruction in any county is hereby empowered to disorganize partially depopulated school districts in his county; or in counties where joint school districts exist, the superintendent having jurisdiction over the major portion of said school districts shall have full power to act, and the officers in said county shall have full control to levy tax, and certify the same to the proper officers out of said county having taxable property in said joint school districts, who shall place the same on the tax-rolls of their respective counties, and collect the same as other school tax levied in their respective counties, and when collected they shall pay the same to the proper officers of said county in which said major portion is located, taking a receipt therefor, and the county treasurer and county superintendent shall proceed to disburse said funds so collected the same as in section 775 of this act. (Laws 1901, ch. 307, sec. 1.)

73. Four mills. Changed by Laws 1909, ch. 245, sec. 25 (section 344 of this book).

74. Does not refer to bonded indebtedness.

75. See section 133 of this book.

SEC. 129. Partially Depopulated District; Definition. [7419.] For the purposes of this act, a school district shall be deemed partially depopulated when the number of persons resident thereof over the age of five years and under the age of twenty-one years shall be less than twelve. (Laws 1907,

ch. 323, sec. 1.)

SEC. 130. Petition. [7420.] That such action shall not be taken by the county superintendent of any such county unless there shall be presented to him a petition signed by two-thirds of the bona fide residents of such school district having the qualifications of school-district electors, and who have resided continuously for one year in said school district, requesting such disorganization; provided, that such disorganization shall not be final until approved by the board of county commissioners of the county in which the disorganized school district is situated; and provided further, that in any such school districts where the whole number of district electors shall be less than six, and the number of residents of such district over the age of five years and under the age of twenty-one years shall be less than five, the county superintendent shall act without petition, when so directed by the board of county commissioners of such county. (Laws 1901, ch. 307, sec. 3.)

SEC. 131. County Superintendent May Attach. [7421.] The county superintendent may attach the territory of any school district disorganized under the provisions of this act to any adjacent school district or school districts, but such attachment shall not become effective until approved by the board of county commissioners. (Laws 1901, ch. 307, sec. 4.)

NOTE. See section 33 of this book for disposition of bonded indebted- . ness of disorganized school districts.

That if any

SEC. 132. Floating Indebtedness. [7423.] school district so disorganized shall at the time of its disorganization have a floating indebtedness consisting of outstanding school orders, it shall be the duty of the county commissioners of the county, on information furnished by the county superintendent, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon all the real and personal property in the territory of the disorganized school district, which tax shall be entered by the clerk of the county on the tax-roll the same as other taxes; provided, that no such levy shall exceed ten mills 76 on the dollar of the assessed valuation in any one year. (Laws 1901, ch. 307, sec. 6.)

SEC. 133. Orders Paid by County Treasurer. [7424.] That the county treasurer shall pay all school orders mentioned in the preceding section out of any fund collected from the school taxes created by the special levy provided for in section 6 of

76. Two and one-half mills. Changed by Laws 1909, ch. 245, sec. 25 (section 344 of this book).

this act;77 provided, that no such school order shall be paid unless accompanied by an order from the county superintendent directing its payment. (Laws 1901, ch. 307, sec. 7.)

SEC. 134. Disposition of Funds. [7425.] If at the time of the disorganization of any school district as herein provided for such district shall have in the hands of its treasurer or of the county treasurer of the county moneys belonging to it, or any unpaid taxes levied for the payment of its indebtedness, bonded or floating, such money shall be first applied to its indebtedness, floating and bonded; and if any money remain thereafter, then such money shall be distributed among the school districts to which such territory shall be attached, in such manner and amount as shall be directed by the county superintendent, who shall include in the order for the disorganization of such district an order for the distribution of its moneys as herein provided. (Laws 1901, ch. 307, sec. 8.)

SEC. 135. Disposition of Property. [7426.] The buildings and other property which may belong to any school district which may be hereafter disorganized shall be sold by the county superintendent to the highest bidder for cash in hand, after having given thirty days' public notice thereof by publication in a newspaper published in said county and by posting not less than five written or printed notices in conspicuous places in said district. The proceeds of said sale shall be deposited with the county treasurer of said county and shall be applied to the payment of debts of said school district, giving the preference to floating debts, if there be any. If there be no debts, or if there be any proceeds left after the payment . of debts, said proceeds shall be turned into the county school fund for the use and benefit of the school district to which said disorganized territory is attached; provided, that the school district to which said territory is attached may bid for and purchase said property and pay for same out of general fund. (Laws 1901, ch. 307, sec. 9.)

SEC. 136. Territory Not Liable. [7427.] The territory of any school district so disorganized shall not be liable for any debt, floating or bonded, or any contract of any district to which it may be attached existing at the time of such attachment. (Laws 1901, ch. 307, sec. 10.)

SEC. 137. Annexation of School Districts. [7440.] Whenever any school district within this state shall fail or neglect to maintain a school for at least three months in one year, for a consecutive term of three years, such school district shall be annexed to adjoining districts; provided, that this act shall not apply to districts that have made proper levies for the tuition and transportation of its pupils to other schools. (Laws 1909, ch. 206, sec. 1.)

77. Section 132 of this book.

SEC. 138. Division of Districts Annexed. [7441.] For the purpose of carrying out this act it shall be the duty of the county superintendent to divide such districts in such a manner as to equalize as nearly as practicable the territory in area and taxable property. (Laws 1909, ch. 206, sec. 2.)

SEC. 139. Employ Deputy. [7394.] He shall discharge such other duties as may be prescribed by law, and in case of sickness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the expiration of his term of office, all books and papers appertaining to his office. (Laws 1881, ch. 152, sec. 14.)

SEC. 140. Neglect or Refusal to Perform Duty. [7395.] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages occasioned thereby, to be recovered in the name of the state for the benefit of the proper party, district, or county. (Laws 1881, ch. 152, sec. 15.)

SEC. 141. Agent of State Orphans' Home.78 [8526.] The superintendents of public instruction in the several counties of the state are hereby designated as the agents of the Soldiers79 Orphans' Home in their respective counties. It shall be the duty of said agents to visit the children who are placed in homes in their respective counties twice each year, and at such other times as the superintendent of the home may request; and they shall make written reports of the condition of each child visited, upon blanks to be provided by the board of trustees for that purpose, and forward the same to the superintendent of the home, who shall record and file the same in a proper manner. Said agents shall receive, as full compensation for the services performed under the provisions of this act, their actual necessary official expenses, together with the sum of three dollars, in full for all services and report of each case visited, but not exceeding three dollars for any day's services. All accounts for such services shall be rendered to the superintendent of said home, and shall be verified, audited and paid in the same manner as other accounts against said home are paid. (Laws 1889, ch. 236, sec. 6.)

SEC. 142. Unlawful for County Superintendents to Purchase School Lands. [7671.] It shall be unlawful for the county superintendent appointing the appraisers, or the persons appraising the lands, to purchase, either directly or indirectly,

78. This section is probably repealed by implication by the following laws: Sections 44, 45 and 46, chapter 353, Laws of 1901; section 6, chapter 482, Laws of 1903; section 13, chapter 475, Laws of 1905.

79. The name was changed to "State Orphans' Home" in 1909.