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 or 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.)

§ 271. Disposition of Property. [8932] 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.)

§ 272. Territory Not Liable for Debts. [8933] 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.)

Whenever any

§ 273. Annexation of School Districts. school district shall fail or neglect to maintain a school for at least seven months in each year for a period of three successive years, such school district shall be disorganized by the county superintendent of public instruction and the territory thereof shall be attached to adjoining districts; provided, that this act shall not apply to any school district which shall have made provision according to law for sending its pupils to other schools and for the payment of transportation and tuition, unless such district shall be adjacent to a school district including a city of the third class. Whenever any school district adjacent to a district including a city of the third class, which city is located in a county having a population of not more than 7000, shall fail or neglect to maintain a school for at least seven months in each year for a period of three consecutive years,

said adjacent district shall be disorganized by the county superintendent of public instruction and the territory thereof shall be attached to the district including said city of the third class. (Laws 1917, ch. 275, sec. 1.)

§ 274. Floating Indebtedness of Districts Annexed. If any school district disorganized as provided in this act 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, on information furnished by the county superintendent of public instruction, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon the taxable property in the territory of such district, which tax levy shall be entered by the county clerk on the tax roll the same as other taxes; provided, that no such levy shall exceed four and one-half mills in any one year. The county treasurer shall pay all school orders herein mentioned out of any funds standing to the credit of the school district or collected from the tax created by the special levy herein provided for; provided, that no such school order shall be paid unless accompanied by an order from the county superintendent of public instruction directing its payment. (Laws 1917, ch. 275, sec. 2.)

§ 275. Property and Bonded Indebtedness of Annexed Districts. Any money, unpaid taxes, buildings, or other property which may belong to any school district which may be disorganized as provided in this act shall be applied as provided in sections 8931 and 8932 of the General Statutes of 1915; and any bonded indebtedness existing at the time of the disorganization of such district shall be paid as provided in section 8928 of the General Statutes of 1915. (Laws 1917, ch. 275, sec. 3.)

§ 276. Other Duties; Deputy. [8893] 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.)

§ 277. Neglect or Refusal to Perform Duty. [8894] 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.)

§ 278. Agent of State Orphans' Home.67 [9697] The superintendents of public instruction in the several counties of

67. 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.

768

the state are hereby designated as the agents of the Soldiers' 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.)

§ 279. Trespassers on School Lands. [9224] It shall be the duty of the county superintendent of public instruction, the district directors, clerks and treasurers, and all sheriffs and constables, to take notice of all trespasses committed on schoollands in their respective counties, and immediately file a complaint against any person violating this act, before the proper authorities. (Laws 1876, ch. 122, art. 14, sec. 30.)

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

§ 280. When Organized. [8899] Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superintendent in writing, which the superintendent shall file in his office.69 (Laws 1876, ch. 122, art. 3, sec. 1.)

§ 281. Body Corporate. [8900] Every school district organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of school district No. (such a number as may be designed by the county superintendent), county) (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. (Laws 1876, ch. 122, art. 3, sec. 2.)

§ 282. Formation of Joint Districts. [8901] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when application shall be made in writing to any one of them by five householders, residents therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices; provided,

69. Officers elected at the first district meeting hold office only until the next annual meeting.

that whenever a resident of a school district desires his property attached to an adjacent district situated in another county, he may make application to the county superintendent of the county in which he lives and the county superintendent of the county in which such adjacent district is located to have his property attached to such adjacent district for school purposes, and such county superintendents, if by them deemed necessary and for the best interests of the applicant, shall attach the property of said applicant to the adjacent district; provided further, that no property shall be attached to an adjacent district situated in another county until notice has been given of an intention so to do and a hearing had as to the necessity or advisability of attaching such territory to the adjacent district. (Laws 1915, ch. 303, sec. 1.)

§ 283. Name of Joint District; Alteration of Boundaries. [8902] Such district so organized or having had adjacent territory in another county attached thereto shall be designated as joint district number counties of and the boundaries of such district shall not be altered except by the joint action of the superintendents of the several counties represented in said district. (Laws 1915, ch. 303, sec. 2.)

§ 284. Appeal to State Superintendent. [8903] That if in the alteration of or refusal to alter the boundaries of any joint school district or in the attaching or refusal to attach to a school district adjacent territory situated in another county, any person or persons shall feel aggrieved, such person or persons may appeal to the state superintendent of public instruction, and notice of such appeal shall be served on the superintendents of the several counties represented in said district within twenty days after the rendition by them of the decision appealed from, which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction; and it shall be the duty of the county superintendent in whose possession are the papers connected with the action appealed from to transmit the same to the state superintendent of public instruction immediately upon being served with notice of appeal as hereinbefore presented; and thereupon the state superintendent of public instruction shall fix a time for the hearing of said appeal, and notify the several county superintendents interested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith; and provided further, that each joint district, except in matters relating to the alteration of the boundaries thereof shall be under the jurisdiction and control of the superintendent of that one of the counties represented in such district which has the largest amount of terri