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and the average attendance and progress of the pupils in each school organized and taught under the provisions of this act; and such other statistics as shall be directed by the superintendent of public instruction; Tenth, and at the close of their official term, to deliver over their books of records, and all papers, books, blanks, documents, moneys, and all other property in their hands, as such trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the county superintendent; provided, that if the trustees neglect to make returns as herein required, the district shall still be entitled to its portion of school money, if proof, satisfactory to the superintendent of public instruction, be made in writing, and filed with the state and county superintendent, showing the facts required to be reported by the trustees; Eleventh, to apportion the school fund among the several schools within the district for which they may have been selected, in proportion to the average number of pupils daily attending such schools; but allowance shall be made in case one or more of the schools may have incurred any debt or debts, for the different periods of time they may have been kept open. Id.

ART. 499, Sec. 18. The marshals selected and designated by the trustees, under the pro

Xt visions of this act, shall, in the month of October, annually, take a specific census of all the

white children within their respective precincts, between the ages of four and eighteen years,

P496 specifying the names of the childreu, of the parents or guardians of such children, and the

town, city, and school district, within which they reside, and make full report thereof in writing, under oath, to the county superintendent of common schools, and deliver a true copy thereof to the trustees, in their respective school districts, by the first day of November next thereafter. Id.

ART. 500, Sec. 19. The county treasurer, superintendent, trustees and marshals of common schools, within their several counties, shall respectively receive for their official services under this act, such compensation as shall be allowed by the board of supervisors, which shall be audited and paid in the same manner as other county salaries and expenses are audited and paid; provided, the compensation of said officers, whether in the shape of a salary, a per diem, or a percentage, shall in no case be paid out of the state or county school funds. Id.

ART. 501, Sec. 28. Each and every county in this state is hereby empowered and authorized to raise, annually, by special tax (in the same manner that other county taxes shall be levied) upon the real estate and personal property within the county, an amount of money not exceeding twenty-five cents on each one hundred dollars of valuation, for the support of common schools therein, and providing suitable houses, and purchasing libraries and apparatus for such common schools. Id.

[Sec. 1-6, inserted supra.]

Supplement of April 28, 1860.

ART. 502, Sec. 7. The school funds paid into the treasury during the school year ending October thirty-first, shall be devoted to the support of schools during that year, exclusively; provided, that if, after payment of all charges and expenses incurred by the schools, there be a surplus in the school fund at the end of the school year, the same may be applied to the payment of claims against the schools, arising during the preceding school year, but not otherwise.

ART. 503, Sec. 8. Negroes, Mongolians, and Indians, shall not be admitted into the public schools; and, whenever satisfactory evidence is furnished to the superintendent of public instruction to show that said prohibited parties are attending such schools, he may withhold from the district in which such schools are situated all share of the state school fund; and the superintendent of common schools for the county in which such district is situated shall not draw his warrant in favor of such district, for any expenses incurred, while the prohibited parties aforesaid were attending the public schools therein; provided, that the trustees of any district may establish a separate school for the education of Negroes, Mongolians, and Indians, and use the public school funds for the support of the same.

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ART. 504, Sec. 9. The superintendent of public instruction shall have power to convene one or more teachers' institutes, not to exceed four in any one year, at such time or times, and in such place or places, as he may think proper, for the instruction and improvement of the teachers of the state; he shall preside over and regulate the exercises of said institutes; said institutes shall not be continued for a longer period, at any one time, than two weeks; the sum of three thousand dollars is hereby appropriated for the support of said institutes, and the controller of state shall only draw his warrants in payment of the expenses of the same, when the accounts therefor are certified by the superintendent of public instruction.

ART. 505, Sec. 10. No person shall be employed by any board of trustees as teacher of a public school, unless he has received and shall produce a certificate of qualification, as hereinafter provided for.

Sec. 11. The county superintendent of public schools of each county, and such of the quali fied teachers therein, as he shall select for the occasion, provided the number be not less than three, shall compose a county board for the examination of those proposing to become teachers. Said board shall grant certificates of approbation and recommendation to such as they shall

find, after a rigid and thorough examination, to be persons of good moral character, of sufficient learning and ability for teaching, having a special regard to their ability to impart knwledge, and to no others; and the county superintendent shall have power to revoke any such certifi cate at pleasure, for reasons which shall appear good and sufficient to him; first giving reasonable notice and a hearing to the person holding the same. All such certificates shall remain in force during one year from and after their respective dates, unless sooner revoked, and no longer. No certificate granted by the board of examination of one county shall be of any force or effect in any other county. If a majority of the board shall agree, the applicant shall receive a certificate; but if the board be evenly divided upon the proposition, the certificate shall be refused. The superintendent of public instruction shall be, ex officio, a member of each and every county board of examination.

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intendents of public schools, as he shall select for the occasion, provided the number be not less than three, shall constitute a state board of examination. Said board shall have all the powers hereinbefore conferred on county boards of examination, and a certificate granted by said board shall be of full force and effect without further examination, in each and every county of the state, for the period of two years from and after its date, but no longer. Any applicant to whom a certificate has been refused by a county board of examination, shall have the right to appeal to the state board of examination, and the decision of the latter shall be final.

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ART. 507, Sec. 13. The state board of education shall have power to prescribe what text books shall be used in the public schools, and no school district shall be entitled to any portion of the public school moneys in whose school or schools the trustees shall permit any other than the text books so prescribed to be used; provided, that the superintendent of public instruction may, for good and sufficient cause shown, exempt any district from the penalty herein imposed; and, provided further, that this section shall not go into effect until the first day of November, A. D. one thousand eight hundred and sixty-one.

ART. 508, Sec. 14. The trustees of two contiguous districts in the same county, or in adjoining counties, shall have the right to establish and support out of the funds belonging to their respective districts, a public school open to the children of both districts. A school thus established shall be governed by a joint board composed of the trustees of the combining districts. ART. 509, Sec. 15. The returns of the election of trustees in each school district shall be made to the county superintendent of public schools in their respective counties, who shall issue certificates of election, and administer oaths of office to the persons having the highest number of votes; the said certificates and oath of office, to remain on file in the office of the respective county superintendents.

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ART. 510, Sec. 2. The board of trustees of any school district in this state where a public school has been kept for the period of four consecutive months, or more, in the school year, and when there is not sufficient money in the county treasury to the credit of the school fund of said district, to defray one-half of the expenses of another term of said school, of four months' duration, may, when in their judgment the same shall be advisable, call an election and submit to the qualified electors of said district, the question whether they will be taxed to pay the expense of an additional term of said school.

Sec. 3. Notice of said election shall be given by publication in some newspaper published in the county, if any be published therein, if not, then by posting in three of the most public places in said district, for twenty days next preceding said election, of the time and place of holding the same, and of the amount of money necessary to be raised to defray the expenses of said additional term, and of the rate of taxes necessary to be levied, and the length of the proposed term.

Sec. 4. The voting at said election shall be by ballot, on which ballot shall be written or printed, the words, "Tax, yes," or "Tax, no;” and if a majority of the votes polled at such election shall be in favor of such tax, the board of trustees shall be empowered, and it is hereby made their duty to levy and cause to be collected, a special tax, at the rate specified in their notice, on all the real and personal property in said district subject to taxation, which fund so raised shall be paid into the county treasury to the credit of said school district, and shall be applied to the payment of the expenses of said additional term, and to no other purpose whatever; provided, however, that in case there should be a surplus remaining after the expenses of said term have been paid, the amount of such surplus shall be subject to the order of the board of trustees, as in other cases; and, provided further, that any deficiency in said fund shall be raised by ratio bill, from those sending children to said school.

Sec. 5. Said board of trustees shall have power to appoint the judges and clerks of said election, and the assessor and collector of said tax; and said collector, before entering upon the discharge of his duties, shall take the oath of office, and shall give bonds in double the estimated amount of money to come into his hands with good and sufficient sureties, to be approved

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by the board of trustees, conditioned for the faithful performance of his duties, and when he shall have been so qualified he shall have the same power to enforce the collection of said tax as is given to sheriffs and tax collectors in the collection of state and county taxes. He shall receive as compensation, five per cent. of all the money collected by him, but no other compensation whatever; and the assessor shall be authorized to use, so far as the same may be practicable, the assessment list of the county assessor.

ART. 511, Sec. 6. The board of trustees of any school district which is not provided with a suitable school-house, and where one may be necessary, shall have power to call an election, after due notice, as provided for in section three; at which election, the question, whether or no, they will be taxed for the purpose of building a school-house, shall be submitted to the qualified electors of said district. Before calling said election, the trustees shall cause to be made, and shall decide upon, some plan for said school-house, with estimates of the expense necessary to be incurred in building same, and shall, in their notice of said election, state the amount of money required, the rate of tax necessary to be levied, and shall also state where the plan and specifications can be seen, which shall be in the most convenient and central place in said district.

Sec. 7. The voting at said election shall be in the same manner as provided for in section four, and if á majority of the votes then polled shall be in favor of a tax for said purpose, the board of trustees shall, in that case, be empowered and required to levy a tax at the rate specified in the notice of the election, on all the real and personal property in said district, subject to taxation, and cause the same to be collected and applied to the building of a school-house, according to the plan submitted to the people.

Sec. 8. All the powers conferred upon the trustees, the assessor, and tax collector, in relation to the tax for school purposes, shall extend to the levying and collection of the last mentioned

tax.

Sec. 9. The taxes herein authorized to be levied, shall not, in any case, be both levied in the same year; and the provisions of this act shall not apply to any incorporated city or town except within the county of Sonoma.

Act of February 23, 1859, to attach certain Territory to the City of Sacramento for School purposes. ART. 512, Sec. 1. All that territory in Sacramento county lying east of, and adjacent to, the city of Sacramento, bounded by Thirty-first street, the American Fork, and Fort Slough, from where it diverges from said American Fork to its intersection with said Thirty-first street, is hereby attached to the city of Sacramento, for school purposes.

Sec. 2. All laws, ordinances, and orders, in relation to schools, which now are or may hereafter be made applicable to the territory within the limits of said city, shall apply with equal force and effect to the territory included within the boundaries mentioned in section one of this act.

ARTICLE

SEAT OF GOVERNMENT.

513. 1. Board of commissioners. Duty to contract for and superintend the building of a capitol. Site of a capitol. 2. Proceedings to condemn the land necessary. 3. Plan; how adopted. 4. Architect. Appointment; salary; duties; qualification. 5. Contract for building. 6. Bids. Collusive contracts, null.

ARTICLE

513. 7. Bids; how made. 8. Contracts; how drawn. 9. Contracts to be filed in secretary of state's office. 10. Payments; when made. 11. Commissioners. Not to be interested; oath; penalty; pay; bonds. 12. $100,000 appropriated. Entire cost of building. Payments; how made. 13. Sacramento to pay for the land.

Act of March 29, 1860, to provide for the Construction of the State Capitol in the City of Sacramento. ART. 513, Sec. 1. The governor, secretary of state, treasurer of state, A. C. Monson, and Alfred Reddington, are hereby appointed and created a board of commissioners, whose duty it shall be to contract for and superintend, as provided in this act, the work necessary to erect a state capitol upon the following site and tract of land, situated in the city of Sacramento, in the county of Sacramento, and state of California, to wit: Commencing at the northwest corner of lot number one, in the block bounded by Tenth and Eleventh, L and M streets, in said city of Sacramento; thence east along the south line of L street to the intersection of L and Twelfth streets; thence south along the west line of Twelfth street to the intersection of Twelfth and N streets; thence west along the north line of N street to the intersection of N and Tenth streets; thence north along the east line of Tenth street to the place of beginning. And the said commissioners shall take possession of said land upon first complying with the provisions of section two of this act.

Sec. 2. Before taking possession of the land, in this act mentioned, said commissioners, by petition, signed by the attorney-general, describing, with convenient certainty and accuracy,

by map or otherwise, said ground so required for the use of the capitol building, setting forth the name and residence of each owner or person interested therein, in any manner whatever, or who shall claim any interest therein, present or future, so far as the same are known to the attorney-general, or shall appear by record and in the recorder's office in Sacramento county, shall apply to the judge of the district court in and for the county of Sacramento, either in term time or vacation, praying the appointment of commissioners to ascertain the compensation to be made to the person or persons lawfully entitled to the same for the land therein described. The judge shall thereupon make an order requiring all persons interested in the land described in said petition, to appear before him, at a time and place to be mentioned in said order, for the hearing of said petition, which order shall be published for thirty days in two newspapers published in the city of Sacramento. At the time and place appointed for the hearing of said petition-if the said commissioners and such interested parties as may appear do not agree upon at least two commissioners, (who, in that event, are authorized to appoint a third,)—then the said judge shall, by an order entered in his minutes, appoint three competent disinterested persons commissioners to ascertain such compensation, as aforesaid. Said judge shall, by an order in his minutes, specify a time and place for the meeting of the commissioners. The said commissioners, before entering upon the duties of their office, shall be sworn faithfully to perform the duties imposed upon them, and any one of them may administer oaths to witnesses produced before them, and any one of them may issue subpenas, and they shall have the same power to punish contempts as a court or judge, and they shall adjourn from day to day, to enable the parties to procure testimony, but for no longer period than one day, without the consent of both parties or their attorneys, unless otherwise ordered by said judge, for good cause shown. The said commissioners, having heard the allegations and proofs of the parties, shall, by a majority vote, without favor or partiality, ascertain and certify the compensation proper to be made to the owner or owners, or parties interested in said land, which said ascertainment and certificate shall be signed by the commissioners finding the same, and by them immediately thereafter filed in the office of the clerk of said district court. Either party, by motion, showing good cause therefor, may cause the proceedings of said commissioners to be inquired into by said district judge, and, if the same are regular, and the proceedings appear to have been done in good faith, he shall, by order, confirm their finding and conclusion, otherwise he shall make such order as may be just and proper in reference to a retrial of the same or any part of said proceedings-but no more than two retrials shall in any event be had. Should no motion be made within twenty days after the finding of the commissioners shall have been filed in the clerk's office, or no notice of such motion be given by either party within ten days after such filing, then their finding shall stand as the true ascertainment of valuation; and, whenever said valuation shall be finally fixed, as aforesaid, then said commissioners may, upon paying into said court the amount so fixed, become possessed of all said land, and they shall cause correct copies, under the seal of the clerk of said court, of the petition and other pleadings, if any, together with the finding and certificate of said commissioners; and all orders of the said judge, made in said proceedings, and the minutes of said court, upon the receipt of said moneys, to be filed in the office of the secretary of state, and thereafter the state of California shall be the owner of said land in feesimple; provided, the city of Sacramento, through her officers, are hereby authorized and required to vacate the streets and alleys running through said tract of land; and, provided further, that said commissioners may receive deeds of voluntary conveyances for any portion of said land that may be agreed upon between them and the proper owners thereof.

Sec. 3. The commissioners are hereby authorized to adopt such plan for the erection of the state capitol, herein provided for, as in their judgment is best calculated to serve the purposes of the state; and they shall, as soon as possible, after the passage of this act, receive, for the period of four weeks, such plans as may be presented to them for their consideration. They are hereby authorized to pay for the plan they shall adopt, such reasonable compensation as they shall, in their discretion, see fit to allow, not to exceed fifteen hundred dollars; provided, that if the plan heretofore presented by Reuben Clark, and adopted, shall be chosen, no compensation shall be allowed for the same.

Sec. 4. Said commissioners are hereby authorized and empowered to appoint an architect, who shall not be one of the commissioners, whose salary shall not exceed three hundred dollars per month, and whose duty it shall be, under the direction and control of said commissioners, to judge of the quality and durability of materials that may be furnished for the erection of said capitol, and to take special care that all work be done in a neat, substantial, and workmanlike manner, and in accordance with the specifications made. Said architect may be removed by the commissioners, and his successor appointed by them, with the duties and liabilities of his predecessor in office. He shall be required to take an oath that he will faithfully perform the duties of his office, and that he will not be interested, either directly, or indirectly, in the furnishing of materials, or in any contract for work or labor on said capitol during his period of office.

Sec. 5. Said commissioners shall, as soon as convenient, after the passage of this act, advertise in four newspapers of general circulation of this state, for a period of thirty days, which

advertisement shall contain a description of the work to be done, together with the proposition for bids for the contract to perform said work in accordance with the plans and specifications thus proposed, and also information as to where the plans, drawings, and specifications, may be seen.

Sec. 6. Bids may be received by the commissioners for the entire completion of all the stone and brick work, and inclosing the same, to be finished at such time as the commissioners may designate. The contract shall be given to the person or persons who shall make the lowest bid, and who shall give sufficient security for the performance thereof; or the commissioners may reject all bids, and advertise for further proposals; provided, that no contract shall be made which shall exceed the sum of one hundred thousand dollars; and, if it shall at any time be found that the successful bidder or bidders, shall have colluded or joined together, in presenting any bid or bids, with any other party or parties whomsoever, for the purpose of preventing other bids from being made, then any contract that shall have been made with any such colluding party or parties, is hereby declared null and void, and the commissioners are hereby authorized and required to make a new contract for the performance of the work.

Sec. 7. All bids as aforesaid shall be sealed up and delivered to the commissioners, and shall be opened by them in the assembly chamber of the present capitol, on such day and at such hour, as said commissioners shall designate in the advertisement for proposals. No person or firm, shall be allowed to deposit more than one bid; if more than one appear, on the opening of said bids by the board of commissioners, all bids of such person or firm shall be set aside without consideration; provided, that no bid shall be considered unless accompanied by a good and sufficient bond, in such amount and with such covenants, as shall be prescribed by the commissioners in their advertisement for proposals; and, provided further, that no extra compensation shall be made to any person or persons, contractor or contractors, for any claim for extra work, unless the same and the price thereof, shall have been previously agreed upon in writing, and fixed.

Sec. 8. All contracts made under the provisions of this act shall be carefully drawn, under the supervision of the attorney-general of the state, and shall contain detailed specifications of the work to be done, the manner in which the same shall be executed, the quality of the material to be used, and the time within which the same shall be completed, with such penalties for the nonperformance of such contract as the said commissioners shall deem just and reasonable.

Sec. 9. Every contract entered into by the said commissioners, under the provisions of this act, together with the plans and specifications of the work to be done, shall be filed and carefully preserved in the office of the secretary of state.

Sec. 10. The commissioners may make payments to the contractors, from time to time, as the work shall progress; provided, that until the contract is completed, at no time shall such payment exceed seventy-five per cent. of the value of the labor performed or materials furnished, which said value shall be ascertained and determined by the architect, subject to the approval of the commissioners.

Sec. 11. The commissioners appointed by and under this act, shall not nor shall either of them be interested, either directly or indirectly, in any contract for work, or labor, or materials furnished, in the construction of said capitol. Before entering upon the duties of their office, they shall make and subscribe, before an officer authorized by law to administer oaths, a declaration under oath, that they will not during their continuance in such office, be so interested, which declaration shall be filed in the office of the secretary of state. A violation of said declaration, as also a violation of the oath taken by the architect, shall subject the party so violating to a prosecution for perjury; and upon conviction thereof, he or they shall be punished accordingly, and shall be also liable on his official bond as such commissioner, in the sum of ten thousand dollars for each offense, to be prosecuted as other official bonds of state officers. Each of said commissioners shall receive the sum of one thousand dollars per annum, in full compensation for his services as such commissioner, and shall give bonds separately, in the penal sum of twenty-five thousand dollars, with sufficient sureties, to be approved by the county judge of the county of Sacramento, and said bonds shall be filed in the office of the controller of state.

Sec. 12. The sum of one hundred thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, to carry this act into effect; but the entire cost of said capitol shall not exceed five hundred thousand dollars; and all payments provided for shall be made as follows: Said board of commissioners shall, from time to time, as the services herein provided for are performed and labor done, draw orders on the controller of state, specifically describing the services rendered or labor performed, together with the amount, and to whom payable. A correct registry of said orders shall be kept by said board, in a book for such purpose, whereupon the controller of state shall draw his warrant on the state treasurer for such amount, specifying the services rendered, and in whose favor said warrant is drawn; all of which said controller shall keep a correct registry of, in a separate book to be used for such purpose.

Sec. 13. After the amount necessary for the payment of said land shall have been ascer

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