AN ACT entitled "An Act repealing an act entitled an act to authorize Courts and Judges to admit bail in certain cases." SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: That an act entitled an act to authorize Courts and Judges to admit bail in certain cases, passed the 26th day of February, A. D. 1857, be and the same is hereby repealed. This act to take effect and be in force from and after its passage. G. W. DEITZLER, President of the Council. Approved February 6, 1858. J. W. DENVER, Acting Governor, Territorial Superintendent CHAPTER VIII. COMMON SCHOOLS. AN ACT to provide for the organization, supervision and maintenance of Common Schools. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That there shall be appointed by the Governor, how appointed. during the present session of the Legislative Assembly, by and with the advice and consent of the Council, a Territorial SuperTerm of office. intendent of Common Schools, whose term of office shall commence on the first day of March succeeding his appointment, dent to file an Secretary of and continue until the next general election, and until his successor is duly elected and qualified. Superinten- SEC. 2. That the said superintendent shall, before he enters oath with the upon the duties of his office, take and subscribe an oath, or affirthe Territory. mation, to support the constitution of the United States, and an act to organize the Territories of Nebraska and Kansas, and faithfully to discharge the duties of his office to the best of his ability; which oath, or affirmation, shall be filed in the office of the Secretary of the Territory. SEC. 3. That the said Superintendent shall receive for his Salary. services the sum of fifteen hundred dollars per annum, payable quarterly, with his actual postage and the necessary stationery for his office, payable quarter-yearly out of the Territorial Treasury. perintendent. SEC. 4. That he shall have a general supervision over the Duties of Sucommon schools in this Territory, and it shall be his duty to visit every county in the Territory, for the purpose of inspecting the schools, awakening an interest favorable to the cause of education, and diffusing as widely as possible by public addresses and personal communication with school officers, teachers and parents, a knowledge of existing defects and of desirable improvements in the government and the instruction of the schools. dent to recom books. rian books to be SEC. 5. That it shall be his duty to recommend the introduc- Superintention of the most approved text books, and as far as practicable, mend text to secure a uniformity in the use of text books in the common schools throughout the Territory; to discourage the use of secta- Use of sectarian books and sectarian instruction in the schools; and to discouraged. open such correspondence abroad as may enable him to obtain so far as practicable, information relative to the system of common schools, and its improvements in other States and countries, . which he shall embody in his annual report to the Legislature. dent shall prereports, also in Superinten pare forms for structions. SEC. 6. That he shall prepare for the use of common school officers, suitable forms for making reports, and conducting all necessary proceedings; and he shall cause the laws relating to common schools, with the rules, regulations and forms aforesaid, and such instructions as he may deem necessary, to be printed together, with a suitable index, in pamphlet form, by the person authorized to do the Territorial printing, at the expense of the SuperintenTerritory; and he shall cause the same to be distributed among and instructhe several school districts, and other officers having the care of tions amongst common schools, throughout the Territory. SEC. 7. That he shall examine and determine all appeals duly made to him from the decision of any school district meeting, or from the decision of any County Superintendent, in forming, or altering, or in refusing to form or alter any school district, or concerning any other matter under the common school law of this Territory, and his decision thereon shall be final. dent shall distribute forms the school districts. Appeals from the school districts to be trade to Super intendent. dent shall pre report for the SEC. 8. That he shall prepare in each year, a report to be Superintensubmitted to the Legislature, bearing date on the last day in pare an annual December in each year, containing, 1st. An abstract of all the Legislature. common school reports received by him from the clerks of the jects the report shall be made. several counties in the Territory. 2d. A statement of the conOn what sub- dition of common schools in this Territory. 3d. Estimates and accounts of the expenditures of the school money. 4th. Plans for the improvement and management of the common school fund, and for the better organization of the common schools; and, 5th. All such matters relating to his office and the common schools of the Territory, as he shall deem expedient to communicate. dent shall ap school money to counties. Superinten- SEC. 9. That it shall be the duty of the Territorial Superinportion the tendent, on or before the tenth day of February in each year, to the several apportion the amount of school money to be distributed in each year, among the several counties of the Territory, according to the number of children in each over the age of five and under the age of twenty-one years, according to the returns thereof, as made to his office for the preceding year. Superintendent shall certify apportion torial Treasur SEC. 10. That he shall certify such apportionment to the ment to Terri- Treasurer of the Territory, and he shall give immediate notice tr, and notify thereof to the clerk of each county, stating the amount apporthe county tioned to his county, and the time when the same will be payable to the Treasurer of such county. clerk. Have an office at the seat of government. Certified copies by the Super. be evidence SEC. 11. That the Territorial Superintendent shall have an office at the seat of government, where shall be deposited all papers and documents appertaining to the business of his office, and to which place communications on the subject of common schools may be addressed to him. SEC. 12. That copies of all papers deposited or filed in the intendent shall office of the Territorial Superintendent of Common Schools, and equally with all acts and decisions of such Superintendent, shall be certified by him, and when so certified, shall be evidence equally and in like manner as the originals. original papers. County Super be elected. When the SEC. 13. That there shall be elected at the same time, place intendent is to and manner that county officers are chosen, a County SuperinTerm of office tendent, whose term of office shall commence on the first day of October, and continue for one year, and until his successor is elected and qualified. to commence. Superinten SEC. 14. That it shall be the duty of the County Superintendent of Common Schools, within ten days after he shall have When county been notified of his election or appointment, to execute to the dent to file chairman of the Board of County Commissioners of his county, and file with the County Clerk a bond with one or more sufficient Bond to be ap- securities, to be approved by said chairman, by endorsement over County Board. his signature on said bond, with a penalty, as near as can be bond. proved by ascertained, of double the amount of all school moneys to come bond. into his hands during the term of his office, and conditioned for Condition of the faithful application and legal disbursement of all such school moneys, according to law, and for the faithful discharge of the duties of his office; and in case such bond shall not be executed, approved and filed as prescribed by this section, the office of such County Superintendent shall be deemed vacant. ty Superinten ty into districts number the school moneys the school mo SEC. 15. That it shall be the duty of the County Superinten- Duties of coundent of each county, 1st. To divide the county into a convenient dent. number of school districts, and to regulate and alter such dis- To divide countricts as provided in this act. 2d. To describe and number the school districts, and to file the description thereof, and numbers, Describe and in writing, in his office, immediately after the formation or same. alteration thereof. 3d. To apply for and receive from the County Treasurer, or any person authorized to disburse the To disburse all same, all moneys apportioned for the use of common schools in in his county. his county. 4th. To apportion the school moneys he may re- To apportion ceive on the first Monday of April in each year, to the several districts and parts of districts within the county, in proportion to the number of children residing in each, over the age of five and under the age of twenty-one years, as the same shall have appeared from the last annual report of their respective clerks. 5th. To see that the annual reports of the clerks of the several To superintend school districts in his county are made correctly and in due time. tricts. 6th. To sue for and collect in his name of office, all penalties and forfeitures imposed in this act, which shall be incurred by To sue for and any officer or inhabitant of his county, in respect to which no and penalties. other provision is made. ney to each dis trict. census of dis collect fines Shall rerort to Superintenber of school the Territorial dent the num districts. SEC. 16. That it shall be the duty of the County Superintendent, between the first and fifteenth days of October in each year, to make and transmit to the Territorial Superintendent, a report in writing, bearing date on the first day of October in the year of its transmission, stating, 1st. The whole number of school districts separately set off within the county. 2d. The districts and parts of districts from which reports shall have been made. to him or his immediate predecessor in office, within the time limited for that purpose. 3d. The length of time a school shall have been kept, in each of such districts, or parts of districts, distinguishing what portion of that time the school has been kept by qualified teachers. 4th. The amount of public moneys re- of public moceived in each of such districts or parts of districts. 5th. The number of children taught in each, and the number of children ber of children. Shall report schools have length of time been kept in each district, and the amount ney received in each district. Also, the num Also, the whole over the age of five and under the age of twenty-one years, amount of mo since last re neys received residing in each. 6th. The whole amount of port, and man ner of expenditure. of money raised teachers' wages chasing school school houses, &c. moneys received by him or his predecessor in office, since the date of the last preceding report. 7th. The manner in which such moneys have been expended, and whether any and what part remains unexpended, and for what cause. 8th. The amount of money raised in the Also, amount districts, and paid for teachers' wages, in addition to the public and paid for money paid therefor. The amount of taxes raised for purchasing and for pur school sites, for building, hiring, purchasing, repairing and sites, repairing insuring school houses; for fuel, or for any other purpose allowed by law, in the districts or parts of districts, from which reports shall have been received by him or his predecessor, since the date of the last preceding report, with such other information as the Territorial Superintendent may from time to time require. SEC. 17. That no money shall be apportioned to any district has beentaught or part, unless it shall appear by the report thereof, that a school three months. has been taught therein for at least three months during the year ending at the date of such report, by a qualified teacher, and that all school moneys received during that year from the school fund have been applied to the payment of the wages of such teacher. No money to be apportioned unless a school County Super intendent shall of annual ex port to County County Super intendent shall SEC. 18. That the County Superintendent in each county keep accounts shall keep a just and true account of all school money received penses, and re- and expended by him during each year for which he shall have Board. been chosen, and shall lay the same before the Board of County Commissioners, at the annual meeting of such Board in each year. SEC. 19. That the County Superintendent in each county shall, account to sue within ten days after the termination of his office, render to his successor in office a just and true account, in writing, of all school money received by him during the preceding year, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered shall be delivered by such successor in office to the County Clerk to be filed and recorded in his office. cessor in ten days. Funds on hand to be paid over to successor. suit against SEC. 20. That, on rendering such account, if any balance shall be found remaining in the hands of such County Superintendent, the same shall immediately be paid by him to his successor in office. Shall bring SEC. 21. That such successor in office shall bring a suit upon predecessor for the official bond of any previous County Superintendent, for the recovery, with interest, of any unpaid balance of school money that shall appear to have been in his hands on leaving his office, funds not paid over. |