SCHOOL LAWS OF THE STATE OF MISSOURI. REVISED STATUTES, 1899. WITH COURT DECISIONS, FORMS AND COMMENTS FOR THE PUBLISHED ACCORDING TO LAW BY THE STATE SUPERINTENDENT OF PUBLIC SCHOOLS The Presidents and Secretaries of School Boards Should Have Copies and Turn Them SEC. 9739. School districts-their corporate powers.All sub-districts, as organized and bounded, shall hereafter be known as school districts and thus denominated and numbered by the county court for the general purposes of education; and every such district, as well as those hereafter organized under the provisions of this chapter, shall be a body corporate, and possess the usual powers of a corporation for public purposes, under the name and style of "District No., township -, range of county;" and in that name shall be capable of suing and being sued; of holding such real and personal property as may at any time be either donated to or purchased in accordance with the provisions of this chapter, or of which they may be rightfully possessed at the time of the passage of this law, and also the power of selling the same as hereinafter provided. (R. S. 1889, § 7969.) School districts are quasi corporations. 52 Mo. 309; 54 Mo. 458. Section construed. 89 Mo. 158. An unincorporated town is not legally organized as a school district. 46 Mo. 376. Territory outside of corporate limits may be attached, how. 53 Mo. 127; 60 Mo. 540; 65 Mo. 587. School-house cannot be used for the purpose of keeping a Sunday School districts not subject to garnishment. 42 A. 460. school. 67 Mo. 301. When a new district is formed in the manner provided by law, the matter should be reported to the county clerk, and by him to the county court, whose duty it is by order made of record to denominate and number the same. This section contemplates that the school districts shall be designated by the true township and range. 89 Mo. 158. SEC. 9740. To organize unorganized territory.-Whenever there shall be in this state any territory not organized into a school district, and containing within its limits twenty or more pupils of school age, three or more tax-payers of such territory may call a meeting of the qualified voters of such unorganized territory, or such part thereof as they desire to organize into a school district, by first giving fifteen days' notice of the time, place, purpose of the meeting and boundary lines of the territory proposed to be organized. The qualified voters, when assembled, may organize such territory into a school district, a majority of the qualified voters residing in such territory proposed to be organized into a school district voting therefor, who shall approve of a plat defining the boundaries thereof, and elect three directors, who shall serve until the next annual meeting, when one director shall be elected to serve for one year, one director for two years and one director for three years—said directors to serve until their successors are duly elected and qualified: Provided, that any territory not organized into a school district, and containing less than twenty pupils of school age, may be attached to an adjoining district upon petition by the qualified voters of such unorganized territory, or such part thereof as may wish to be attached to such adjoining district, directed to the board of directors of such adjoining district; and it shall be the duty of such board, on receipt of the petition, to meet forthwith and consider same, and if a majority of the board are in favor thereof, such territory shall become a part of such district. (R. S. 1889, § 7970.) Money apportioned prior to division of district does not follow new district. 90 Mo. 395. Posting of notices, condition precedent to the validity of such division. 54 A. 31; 94 Mo. 612. The notice required by this section should be as explicit in its essential features as that required under the provisions of section 9742, which is commented on in full. This section confers the right to call the first meeting for forming unorgainzed territory into a school district upon three tax-payers of the territory to be organized. These qualifications are jurisdictional. Proper notice should be given by persons qualified. 89 Mo. 158. SEC. 9741. School district forfeits its organization, when and how.-Whenever any school district in this state, now organized or that may be hereafter organized under the laws of this state, shall fail or refuse, for the period of one year, to provide for a six months' school in such year, provided a levy of forty cents on the one hundred dollars valuation, together with the public funds, will enable them to have so long a term, the same shall be deemed to have lapsed as a corporate body, and the territory theretofore embraced |