those of the same kind already outstanding, shall exceed two per cent of the assessment of taxation as shown by the last findings and determination of the proper board of equalization.

SEC. 448. Use of Sinking-fund. [7618.] All moneys raised for the purpose of creating a sinking-fund for the final redemption of all bonds issued under this article shall be invested annually by the board of education in the bonds of the state of Kansas, or of the United States, or the board may buy and cancel the bonds of the district whenever such may be purchased at or below par. (Laws 1876, ch. 122, art. 11, sec. 28.)

SEC. 449. Interest. [7619.] Whenever the interest coupons of the bonds hereinbefore authorized shall become due, they shall be promptly paid, on presentation, by the treasurer, out of money in his hands collected for that purpose; and he shall indorse upon the face of such coupons in red ink the word "Paid," and the date of payment, and sign the initials of his (Laws 1876, ch. 122, art. 11, sec. 29.)

SEC. 450. Security. [7620.] The school fund and property of such city and territory attached for school purposes are hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 11, sec. 30.)

SEC. 451. Bond Registry. [7621.] It shall be the duty of the clerk of the board of education to register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which said register shall show the number, date and amount of said bonds, and to whom made payable. (Laws 1876, ch. 122, art. 11, sec. 31.)

SEC. 452. Tax Levy. [Laws 1911, ch. 115, sec. 1.] The boards of education of all cities of the second class having a population of over 7000 and less than 10,500 population are hereby authorized to locate and build schoolhouses within the district. Before any contract is let the board of education shall record upon the journal of its proceedings a finding that the erection of such schoolhouse or such addition thereto is a public necessity for the accommodation of its schools, and shall certify to the county clerk of the county a levy not exceeding two mills upon the dollar upon taxable property, real, personal or mixed, in the school district, including attached adjacent territory, if any, which taxes may be levied in addition to all taxes now levied under the law, and shall be levied and entered upon the tax-roll by the county clerk in the same manner and collected in the same manner as other taxes; provided, that the question shall have been submitted to the qualified electors of the district and a majority of all of the qualified

electors voting upon the proposition shall have declared by their ballots in favor of the levy.

SEC. 453a. Bonds or Warrants. [Laws 1911, ch. 115, sec. 2.] That the balance of the cost of said structure shall be divided into equal sums, for which the board of education shall issue either time warrants or bonds of the school district, in its discretion, signed by its president and clerk and countersigned by the treasurer of the district, in denominations not less than $100 nor more than $500, each bearing interest not exceeding five per cent, and which shall not be sold below par. and which shall mature in two and three years, in equal amounts, and a sufficient levy shall be certified and made in each year to pay said warrant or bonds and all accruing interest thereon. No school building or addition to school buildings built under this act shall cost more than $40,000.

SEC. 4536. Bonds Issued to Pay Outstanding Warrants. [Laws 1911, ch. 105, sec. 1.] The board of education of any city of the second class is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstanding at the time this law takes effect, including accrued interest thereon. The proceeds derived from the sale of said bonds shall be used for the payment of the amount due on such outstanding warrants, including interest, and for no other purpose whatsoever.

SEC. 453c. Denominations; Payment; Signatures. [Laws 1911, ch. 105, sec. 2.] Said bonds shall be issued in denominations of not less than $100, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semiannually, for which interest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the denomination or denominations thereof. The bonds shall be signed by the president and clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature.

SEC. 453d. Sale of Bonds. [Laws 1911, ch. 105, sec. 3.] Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same. No bonds shall be delivered to any purchaser unless the board of education issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the proceeds of said bonds.

SEC. 453e. Tax for Interest and Sinking-fund. [Laws 1911, ch. 105, sec. 4.] Each board of education issuing bonds under

the provisions of this act shall each year levy a tax on the taxable property of said city and the territory attached thereto for school purposes sufficient to pay the interest accruing thereon, and shall also make such provision for a sinking-fund as it may deem proper.

SEC. 454. Treasurer of the Board. [949.] There shall be elected, on the first Tuesday of April of each odd-numbered year, a mayor, police judge, city treasurer, and treasurer of the board of education, together with councilmen, members of the board of education, justices of the peace, and constables, as herein provided. The mayor shall appoint, by and with the consent of the council, a city marshal, a city clerk, a city attorney, and city assessor, and may appoint an assistant marshal, city engineer, street commissioner, and such policemen and other officers as they may deem necessary. The officers so appointed and confirmed shall hold their offices for the term of one year, and until their successors are appointed and qualified; the council shall by ordinance specify their duties and compensation, and by ordinance abolish any office created by them whenever they may deem it expedient. The mayor, councilmen, members of the board of education, justices of the peace, constables, city treasurer, police judge and treasurer of the board of education shall hold their offices for the term of two years, and all other officers for the term of one year; provided, at the first annual election after the organization of any city there shall be two councilmen and two members of the board of education elected from each ward, one of whom shall serve for one year and one for two years, and one councilman and one member of the board of education shall be elected from each ward at each annual election thereafter; provided, that no member of the board of education shall be a member of the council, nor shall any member of the council be a member of the board of education, and no person shall hold the office of police judge and justice of the peace at the same time; and provided further, that in cities having a population of over 10,000 inhabitants the board of education shall consist of six members only. There shall be elected in such cities, on the first Tuesday of April, 1885, six members of the board of education, two of whom shall serve for one year, two for two years, and two for three years, and at the annual election every year thereafter two members of the board of education shall be elected for the term of three years. (Laws 1885, ch. 99, sec. 3.)

SEC. 455. Validity of Official Acts. [7627.] That in cases wherein, in cities of the second class of over 10,000 inhabitants, the boards of education have heretofore consisted of but six members, the official acts and proceedings of such boards heretofore had and taken, and contracts made and entered into and obligations incurred by such boards of education in pursuance of the laws of Kansas governing boards of education in

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such cities, be and the same are hereby ratified and confirmed, and declared to be of the same validity, force and effect as though said boards of education had consisted of two members from each of the wards of such cities. (Laws 1907, ch. 243, sec. 1.)

CHAPTER XXVIII.-PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS.

$456. Cities of the third class defined; $457. Shall not be detached from school government of public schools. districts, etc.

SECTION 456. Defined. [7629.] Public schools in incorporated cities which have not less than 250 and not over 2000 inhabitants, if not otherwise provided for by law, shall be governed by the provisions of this act which apply to the organization and maintenance of district schools164 or of union or graded 165 schools. (Laws 1876, ch. 122, art. 12, sec. 1.)

SEC. 457. Area. [7630.] That no portion of the corporation of a city of the third class shall be detached from the school district in which the city is located, and the whole of such corporation shall be and remain in one school district for the purpose of schools and taxation.166 (Laws 1876, ch. 122, art. 12, sec. 2.)

164. See chapters IX and XXXI.

165. See chapter XXXI.

166. See section 7628, General Statutes of 1909, concerning the detachment of territory where a city of the third class has become a city of the second class.