the number of children resident therein, over the age of five and under the age of twenty-one years. county shall re ceive same. SEC. 2. The treasurer of each county shall apply for and re- Treasurer of each ceive of the State treasurer, the school moneys apportioned to his county, as soon as the same shall become payable. pay over when. SEC. 3. Each county treasurer receiving such moneys, shall, Treasurer shall upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to his district by the County Superintendent. money due the purposes. SEC. 4. The county treasurer shall collect all moneys due the Treasurer collect county for school purposes, from fines, forfeitures or proceeds county for school from the sale of estrays, and all moneys paid by persons as equivalent for exemption from military duty, and he shall pay over the same to the said district treasurer, as prescribed in the preceding section. He shall, also, collect the delinquent taxes on real estate, in any district, in the same manner as county taxes are collected, whenever such delinquent tax list shall have been lawfully reported and returned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due; and, if any county treasurer shall refuse to deliver over to the If treasurer reorder of the County Superintendent any school money in his pos- money. session, or shall use, or permit to be used, for any other purpose than is specified in this act, any school money in his possession, he shall, on conviction thereof, be adjudged guilty of a misdemeanor, and be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year. fuse to deliver school fund con SEC. 5. For the purpose of affording the advantages of a free State annual education to the children of the State, the State annual school sist of what. fund shall consist of the annual income derived from the interest and rents of the perpetual school fund, as provided in the Constitution of the State, and such sum as will be produced by the an- Annual tax. nual levy and assessment of one mill upon the dollar valuation of the taxable property of the State, and there is hereby levied and assessed annually, the said one mill upon the dollar, for the support of common schools in the State; and the amount so levied and assessed, shall be collected in the same manner as other State taxes. receive annual income, and hold same subject to order. SEC. 6. The State Treasurer shall receive all the annual income State Treasurer of the State appropriated for the annual support of schools, whether derived from the interests of moneys loaned, rents of school lands or annual tax, and hold the same, subject to the order of the State Superintendent of Public Instruction. Keep account of school moneys, and report to State Sup't. Pay over to treas urer of each county. State Treasurer shall execute a bond. Approved. SEC. 7. He shall keep, in a separate book, an account of all school moneys of the State, distinguishing between the perpetual fund and the annual fund, for disbursement, and he shall report, to the State Superintendent, on the first day of January, the amount of school moneys on hand. SEC. 8. He shall pay over to the treasurer of each county, on application, the amount of school money due the said county, on order of the State Superintendent of Public Instruction. SEC. 9. The State treasurer shall execute, to the State of Kansas, a bond, in double the amount of money, as near as can be ascertained to come into his hands as treasurer of the school funds of the State, with sufficient securities, to be approved by the Governor and Superintendent of Public Instruction, conditioned that he will faithfully discharge his duties as treasurer of the school funds of the State. Said bond shall be filed in the office of the Secretary of State. Teachers make out and file a report. ARTICLE IX. MISCELLANEOUS. SEC. 1. It shall be the duty of the teacher of every district school or graded school, to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to the school during such term, distinguishing between male and female, the text books used, the branches taught, and the number of pupils enrefuse to file such gaged in the study of each of said branches. Any teacher who shall neglect or refuse to comply with the requirements of this section, shall forfeit his or her wages for teaching such school, at the discretion of the district board. If teacher fail report. SEC. 2. Every clerk of a district who shall willfully sign a false report to the County Superintendent of his county, shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding three months. SEC. 3. Every school district clerk or treasurer who shall neglect or refuse to deliver to their successors in office all records, books and papers belonging severally to their offices, shall be subject to a fine not exceeding fifty dollars. SEC. 4. Every county superintendent who shall neglect or refuse to make and deliver to the State Superintendent of Public Instruction his annual report, as required by this act, within the time limited therefor, shall be liable to pay the full amount of money lost to the county by such neglect or refusal, with the interest thereon, to be recovered by the county treasurer, in the name of the county. against county, SEC. 5. Whenever any final judgment shall be obtained against If judgment any school district, the district board shall levy a tax on the tax- levy tax. able property in the district for the payment thereof; such tax shall be collected as other school district taxes, but no execution shall issue on judgment against a school district. peace have juris SEC. 6. Justices of the peace shall have jurisdiction in all Justices of the cases in which a school district is a party interested, when the diction. amount claimed by the plaintiff shall not exceed one hundred dol lars, and the parties shall have the right of appeal, as in other May appeal. cases. Persons having SEC. 7. All persons having school moneys or other school pro- Phool moneys reperty in their possession, by virtue of any act heretofore passed, quired to pay are hereby required to pay over and deliver the same to the proper officers, provided for by this act. shall receive a bonus from book publishers. SEC. 8. If any State Superintendent of Public Instruction If State Sup't. shall receive from the publisher of any school books, or from any other person interested in sale or introduction of any book into the public schools of the State, any money or bonus, in any manner, as an inducement for the recommendation or introduction of any such book into the public schools of the State, said Superintendent shall, upon conviction thereof, before any court of competent jurisdiction, be found guilty of a misdemeanor, and shall be fined in a sum not less than one thousand dollars, nor exceed- Punishment. ing five thousand dollars, or shall be imprisoned in the penitentiary for any time not less than one year nor more than five years, or by both such fine and imprisonment. ties SEC. 9. All fines and penalties not otherwise provided for in Fines and penalthis act, shall be collected by an action in any court of competent jurisdiction. SEC. 10. All acts and parts of acts inconsistent with this act, Acts repealed. and all previous acts upon the subject of education, are hereby repealed. fect. SEC. 11. This act to take effect and be in force from and after When to take ofits publication. I hereby certify that the above is a true copy of the original bill, as filed in my office. J. W. ROBINSON, Secretary of State. Making it lawful CHAPTER LXXVII. AN ACT to promote Medical Science. Be it enacted by the Legislature of the State of Kansas: SECTION 1. It shall be lawful for professors and teachers in condemned orim- medical colleges and schools in this State, or where such colleges for professors to have bodies of inals. or schools do not exist, for any medical and surgical association, or regular physician or surgeon, to claim and receive any person executed pursuant to sentence of law, all persons dying in hospitals, and all persons dying in the penitentiary, while under sentence of law for crime, to be used for the purpose of medical and surgical study; and, when such claim is made by said professors or teachers to the authorities having such body in charge, it shall be delivered to them forthwith for the aforesaid purposes; Provided, That said body or remains shall not have been regularly interred and shall not have been claimed for interment by relation or personal friends of said deceased person within any twenty-four hours after death; Provided, also, That the remains of no person who may be known to have relatives or friends, shall be delivered or received without the consent of said relatives or friends; and Provided, That the remains of any person If any person in who shall have expressed a desire in his or her last sickness, that his or her body may be interred, shall not be delivered or claimed Bodies claimed by their sickness expresses a desire to be buried, the body shall not be taken. Bodies subse. quently claimed up. as aforesaid, but shall be buried in the usual manner; and Provided, also, That, in case the remains of any person, so delivered and received, shall be subsequently claimed by any surviving shall be delivered relative or friend, they shall be given up to such relative or friend for interment; and it shall be the duty of said professors and teachers, decently to bury, in some public cemetery, the remains of all bodies after they shall have answered the purposes of study as aforesaid, and for any neglect or violation of the provisions of this act, the parties so violating shall forfeit and pay a penalty of not less than one hundred nor more than two hundred dollars. Bodies shall be decently interred after they have subserved the purposes of surgical study. Bodies shall be used for medical and surgical study alone. SEC. 2. The remains or bodies of such persons as may be so claimed and received by the professors and teachers as aforesaid, shall be used for the purpose of medical and surgical study alone, and in this State only, and whoever shall use such remains for any other purposes, or shall remove such remains beyond the be removed out of the State. limits of this State, shall be deemed guilty of a misdemeanor, and Bodies shall not shall, on conviction, be imprisoned for a term not exceeding one year, in the county jail. Violators of this law shall be SEC. 3. Every person who shall deliver the remains of up any deceased person, in violation of or contrary to any provisions deemed felons. contained in the first section of this act, and any person who shall receive said remains, knowing the same to have been delivered contrary to any of the provisions of said section, shall each and every of them be deemed guilty of a misdemeanor. SEC. 4. All laws, so far as they are inconsistent with this act, Inconsistent acts are hereby repealed. are hereby repealed. SEC. 5. This act shall take effect and be in force from and Take effect when. after its publication. Approved May 7, 1861. CHAPTER LXXVIII. Be it resolved by the Governor and Legislature of the State of Kansas: procure a State That the Secretary of State be and he is hereby required to Secretary shall procure, as soon as practicable, the great seal of the State of seal. Kansas, the design and device following, to-wit: great seal, The east is represented by a rising sun on the right hand Description of corner of the seal; to the left of it, commerce is represented by a river and a steamboat; in the foreground, agriculture is represented as the basis of the future prosperity of the State, by a settler's cabin and a man plowing with a pair of horses; beyond this, is a train of ox wagons going west; in the background is seen a herd of buffalo, retreating, pursued by two Indians on horseback; around the top, is the motto: "Ad Astra per Aspera" and beneath a cluster of thirty-four stars; the circle is surrounded by the words "Great Seal of the State of Kansas, January 29, 1861.". |