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ship to be included within the jurisdiction of some road overseer for this purpose.

SEC. 4. It shall be the duty of every road overseer within this state to prevent the seeding of Johnson grass upon any right of way or any road or upon any grounds under his care. It shall be the further duty of every road overseer, upon receiving written notice from any citizen that Johnson grass is being permitted to mature seed upon any land within his jurisdiction, to immediately investigate, and, finding such information correct, the owner, lessee, receiver or manager thereof shall be given five days' time after notice within which to destroy seed of such plants; and if such owner, lessee, receiver or manager shall fail so to do, then the overseer shall employ such assistants as may be necessary to cut and burn all such plants found seeding within his jurisdiction, and for this purpose he shall have the right to enter upon or cross any land necessary to reach and destroy the seed of such plants. He shall have power to issue an order against the road and bridge fund of such county for the payment of such labor. Said order shall describe the land upon which such labor was performed, the per diem charged, and the total amount charged to each tract of land. Such order, after being approved by the board of county commissioners, shall be paid out of the road and bridge fund of the county, and the amount shall be certified on the records as taxes against the particular tract of land upon which such plants were cut and burned, and shall be collected the same as other taxes, and the amount so collected shall be turned into the road and bridge fund of the county.

SEC. 5. Any owner or manager of any land infested with Johnson grass, knowing the same and failing to notify any lessee upon the execution of a lease upon such land of the presence of such plants, shall be responsible to such lessee for all damage resulting therefrom. Upon the failure of any lessee to carry out the provisions in regard to the suppression or eradication of such plants, the owner or his agent is hereby authorized to enter upon such premises and take such action. for the suppression or eradication of such plants.

SEC. 6. Whenever Johnson grass is permitted to develop into full tassel it shall be construed to have matured seed, under the provisions of this act.

SEC. 7. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its publication in the statute-book.

Approved March 5, 1909.

CHAPTER 203.

RELATING TO DAMMING OF DRAWS AND DRY WATER

COURSES.

House bill No. 59.

AN ACT providing for the damming of draws and dry watercourses on public highways in such counties as shall adopt the provisions of this act.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. The provisions of this act shall apply only to such counties in this state as shall, by resolution of their respective boards of commissioners, duly adopt the same. Said resolution shall be substantially as follows: .

"Resolved, That this county adopt and accept the provisions of the act of the legislature of 1909 entitled 'An act providing for the damming of draws and dry watercourses on public highways in such counties as shall adopt the provisions of this act.'"

From and after the adoption of such resolution the following provisions of law shall, as to such counties, govern all road work therein in addition to the laws now in force; provided, that such resolution may be revoked at any time by resolution adopted by such board of county commissioners.

SEC. 2. In all counties adopting the provisions of this act it shall be the duty of the boards of highway commissioners of the respective townships of said county, whenever it shall be necessary to construct a bridge or culvert across any draw or dry watercourse on any public highway in their township, to construct across said draw or dry watercourse a solid dam, providing the same shall be feasible and they can procure the written consent of all landowners whose land will be affected by the construction of such dam.

SEC. 3. This act shall take effect and be in force from and after its publication in the official state paper.

Approved March 2, 1909.

Published in official state paper March 4, 1909.

CHAPTER 204.

RELATING TO BUSINESS COLLEGES SENDING AGENTS OVER THE STATE.

Senate bill No. 507.

AN ACT prohibiting business colleges or commercial departments from sending agents or representatives over the state to sell tuition or scholarships without first obtaining permission from the state superintendent of public instruction, and providing a penalty for the violation of the act.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to canvass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the college, without the school first making application to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said application, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit; providing, however, that satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or business college or commercial department is incompetent to furnish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institution use misrepresentations or fraudulent methods in securing contracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit.

SEC. 2. After having granted any business college, commercial school, or commercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements.

SEC. 3. Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any

person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state.

SEC. 4. Any person who shall violate this act by canvassing for students with the intention of selling tuition for cash, contract or note for any business college, commercial school or any commercial department of any other school without first having this permit from the state superintendent of public instruction, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment.

SEC. 5. Any note or contract taken by any such business college or the commercial department of any other school, or their agents or representatives, for tuition without first having complied with the provisions of this act shall be void.

SEC. 6. This act shall take effect and be in full force from and after its publication in the official state paper.

Approved March 12, 1909.

Published in official state paper March 31, 1909.

CHAPTER 205.

RELATING TO SCHOOL DISTRICTS ISSUING BONDS.

House bill No. 3.

AN ACT enabling school districts to issue bonds to pay outstanding warrants.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That all school districts in the state of Kansas now having outstanding warrants representing indebtedness of the district exceeding the sum of one thousand dollars be and they are hereby empowered and authorized, by and through their duly elected, constituted and appointed board of directors, to compromise and refund said indebtedness upon such terms as can be agreed upon, and to issue the bonds of said district in any amount not to exceed five per cent. of the assessed valuation of all the taxable property in said district, with semiannual coupons thereto attached, in payment of the sums so compromised, which bonds shall be issued and disposed of in all respects in conformity and accordance with an act entitled "An act to enable counties, municipal corporations, the boards of education of any city, and school districts, to refund their indebtedness," being sections 517 to 528, inclusive, General

Statutes, 1901; provided, that said school boards shall offer said bond to the board of commissioners of the state permanent school fund, as provided in section 9 of chapter 472 of the Session Laws of 1905.

SEC. 2. This act shall take effect and be in force from and after its publication in the official state paper.

Approved March 5, 1909.

Published in official state paper March 8, 1909.

CHAPTER 206.

RELATING TO DISORGANIZING SCHOOL DISTRICTS AND ANNEXING TO OTHER DISTRICTS.

Senate bill No. 341.

AN ACT relating to disorganizing certain school districts and annexing the same to other districts in certain cases.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. Whenever any school district within this state shall fail or neglect to maintain a school for at least three months in one year, for a consecutive term of three years, such school district shall be annexed to adjoining districts; provided, that this act shall not apply to districts that have made proper levies for the tuition and transportation of its pupils to other schools.

SEC. 2. For the purpose of carrying out this act it shall be the duty of the county superintendent to divide such districts in such a manner as to equalize as nearly as practicable the territory in area and taxable property.

SEC. 3. This act shall take effect and be in force from and after its publication in the statute-book.

Approved March 12, 1909.

CHAPTER 207.

RELATING TO THE ORGANIZATION OF NEW SCHOOL

DISTRICTS.

House bill No. 223.

AN ACT fixing the time for organization of new school districts, and to amend section 6120 of the General Statutes of 1901, relating to division of property when a new school district is formed, and repealing said original section.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That section 6120 of the General Statutes of 1901 is hereby amended to read as follows: Sec. 6120. When a new district is formed, in whole or in part, from one or more

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