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probate court or where the rights of such pretended heir or devisee may be affected by the judgment or opinion of any court thereon. (Laws 1913, ch. 273, sec. 5.)

§ 604. Duty of Attorney-general. [9252] It shall be the duty of the attorney-general to see that this act is enforced and obeyed, and whenever in his opinion, or in the opinion of the governor, the public interests require it, the attorneygeneral may supersede the county attorney and perform his duties in the prosecution or defense of the interests of the school fund under this act. (Laws 1913, ch. 273, sec. 6.)

§ 605. Consolidation of Bonds. [9253] It is hereby made the duty of the School-fund Commissioners to consolidate all state bonds now belonging to or hereafter coming into possession of the permanent school fund, in the following manner, to wit: All bonds falling due on the same date and bearing the same rate of interest shall be consolidated into one bond, of equal amount to the bonds so consolidated; and coupons of interest shall be attached thereto, of equal amount to the consolidated coupons, and payable in the same manner as the coupons of the bonds so consolidated; such consolidated bonds shall be made out by the auditor of state, signed by the governor, and attested by the secretary of state, and shall be made payable to the permanent school fund of the state of Kansas, and shall have imprinted on their face the words, "Not transferable." All bonds presented by the School-fund Commissioners shall, in their presence, be canceled and destroyed by the auditor of state, after a consolidated bond shall have been issued for the same. (Laws 1876, ch. 122, art. 15, sec. 11.)

§ 606. Registry of Consolidated Bonds. [9254] All consolidated bonds shall be registered by the auditor as other state bonds now are registered. (Laws 1876, ch. 122, art. 15, sec. 12.)

§ 607. Registration of Bonds Belonging to School Fund. [9260] Immediately after the passage of this act, it shall be the duty of the auditor of state to prepare a register of all bonds belonging to the permanent school fund. (Laws 1877, ch. 172, sec. 1.)

§ 608. Registration of Bonds Purchased. [9261] That it shall hereafter be the duty of the commissioners of the permanent school fund to present to the auditor of state all bonds which may hereafter be purchased by them prior to the deposit of the same with the state treasurer, and it shall be the duty of the auditor to register all bonds so presented. (Laws 1877, ch. 172, sec. 2.)

§ 609. Treasurer's Statement. [9262] That it shall be the duty of the state treasurer, immediately after collecting any interest on such bonds or the principal of the same, to

file with the auditor a detailed statement or statements of the amount or amounts so collected stating the name of the county, the number of the district, the number of the coupons or bonds paid by such district and the amount paid; and the said treasurer shall cancel on the register in his office all coupons and bonds so paid. (Laws 1877, ch. 172, sec. 4.)

§ 610. Cancellation of Bonds and Coupons. [9263] That immediately after the filing of such statement or statements by the treasurer, the auditor shall cancel such coupons or bonds as are designated in said statement or statements upon the register in his office, and charge the treasurer with the amounts. (Laws 1877, ch. 172, sec. 5.)

§ 611. Bonds to be Compared. [9264] That it shall be the duty of the auditor of state, on the first Monday in August of each year to compare the register kept by him with the bonds in the treasurer's office, and shall at the time of comparing such register require the treasurer to produce all coupons and bonds remaining unpaid which shall be compared with the register. (Laws 1877, ch. 172, sec. 6.)

§ 612. Penalty. [9265] That any state treasurer who shall fail or refuse to comply with the provisions of section 3 and section 5 of this act144 shall be deemed guilty of having converted the same to his own use, and shall upon conviction be subject to all the penalties provided for in section 56 of chapter 102, General Statutes of the state of Kansas. (Laws 1877, ch. 172, sec. 7.)

§ 613. Exchange of Bonds. [9266] The board of commissioners for the management of the state permanent school fund shall have the power to exchange any school-district or board-of-education bonds belonging to the permanent school funds now in the state treasury for other bonds of the same district or board of education bearing a lower rate of interest and running a longer time than the bonds exchanged, upon the application of the proper officers of such school district or board of education; provided, that they shall not receive any funding bonds running a less time than five years; and provided further, that the rate of interest on bonds so accepted by said commission shall not be less than four per cent. (Laws 1907, ch. 377, sec. 1.)

§ 614. Funding Bonds to be Stamped. [9267] All bonds accepted as funding bonds by the board of commissioners shall be stamped by the auditor and deposited with the state treasurer, and the auditor shall charge the treasurer with the amount in the same manner as though said bonds had been purchased for cash. (Laws 1879, ch. 160, sec. 5.)

§ 615. Record of Proceedings. [9268] The said board of commissioners, after having examined and accepted any fund144. Section 610 of this book.

in lieu of bonds numbered

ing bonds as contemplated in section 1 of this act, shall make a certificate in duplicate, directed to the state treasurer, stating that they have examined and accepted the funding bonds of school district No., of the county of or board of education of the city of for the sum of dollars, for like amount issued by said district or board of education, now in the state treasury, and belonging to the fund, and the treasurer of state is authorized to cancel and return the bonds so funded, together with the coupons attached thereto, and not matured, to the proper officer of the county, city or school district, which said certificate shall be signed by a majority of the said commissioners, one of which shall be filed with the auditor of state and the other delivered to the state treasurer. (Laws 1879, ch. 160, sec. 3.)

CHAPTER XXVI.-State Annual School Fund.

§616. State annual school fund shall consist of what.

617. State treasurer hold annual school fund subject to order of state superintendent.

618. Treasurer shall pay county treasurer on order of state superintendent. 619. County treasurer shall apply to state treasurer for school moneys apportioned to county.

$620. County treasurer, upon proper application, shall pay over moneys to district treasurer.

§ 616. Shall Consist of What.

621. Each insurance company doing business in the state shall annually pay fifty dollars into the state annual school fund.

[9273] The state annual school 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. (Laws 1879, ch. 149, sec. 4, March 13.)

§ 617. State Treasurer. [9274] The state treasurer shall receive all the annual income of the state appropriated for the annual support of schools, whether derived from the interest 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. (Laws 1876, ch. 122, art. 16, sec. 2.)

§ 618. Payment. [9275] He shall pay over to the treasurer of each county, on application, the amount of school money due to said county, on order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.)

§ 619. County Treasurer. [9276] The treasurer of each. county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same shall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.)

§ 620. Pay to the District Treasurer. [9278] Each county treasurer receiving such moneys shall, upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. (Laws 1876, ch. 122, art. 16, sec. 7.)

Every in

§ 621. Insurance Companies. [9279] surance company doing business in this state shall, in addition to the fees required by this act (chapter 93, Laws 1871), pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. (Laws 1876, ch. 122, art. 16, sec. 8.)

14-Sch. Laws.

CHAPTER XXVII.-State Department of Education.

§622. State department of public instruc

tion constituted.

623. General duties of state superintend

ent.

624. Oath and bond.

625. Salary.

626. Assistant.

627. Clerks and stenographers.

628. Apportionment of school fund.

629. Draw orders.

630. Official opinions.

631. School laws and blanks. 632. Visitation and textbooks. 633. Office in capitol.

$634. Copies of papers.

635. Biennial report.

[blocks in formation]

§ 622. State Department of Public Instruction Constituted. [8867] The state superintendent of public instruction, the State Board of Education and the officers and assistants herein provided for shall constitute the state department of education. (Laws 1915, ch. 296, sec. 1.)

§ 623. General Duties of State Superintendent. [10765] The educational interests of the state shall be under the supervision and management of the state superintendent of public instruction, subject to such limitations and restrictions as are or may be prescribed by law; and he shall have and exercise the powers and perform the duties prescribed in the acts relating to common schools. (Laws 1879, ch. 166, sec. 79.)

§ 624. Oath and Bond. [10764] The state superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe the proper oath of office, and shall execute to the state of Kansas a bond in the sum of $10,000, with two or more sufficient sureties to be approved by the Executive Council, conditioned that he shall faithfully perform the duties of his said office, which oath and bond shall be filed in the office of the secretary of state. (Laws 1879, ch. 166, sec. 78.)

§ 625. Salary. [8868] On and after the second Monday in January, 1917, the salary of the state superintendent of public instruction shall be three thousand dollars per annum. (Laws 1915, ch. 296, sec. 2.)

§ 626. Assistant. [8869] The state superintendent of public instruction is hereby authorized to appoint an assistant, who shall be designated as assistant state superintendent of public instruction. Said assistant shall take the proper oath of office, which shall be filed in the office of the secretary of state; he shall act as the deputy of the state superintendent of public instruction and shall perform the duties, not inconsistent with law, which the state superintendent may require; and he shall receive a salary of two thousand dollars per annum. (Laws 1915, ch. 296, sec. 3.)

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