Books once adopted must be continued four years. Penalties for neglect to use books adopted. Certain persons not to be interested in contracts. Printing and whom to be proposed to change; that sealed bids or proposals will be received by the Board for furnishing books to replace them; the place where and the day and the hour when all bids or proposals will be opened, and that the Board reserves the right to reject any and all bids or proposals. Said notice shall be published in such newspaper as often as the same shall be issued after the first publication thereof; provided, that in the year eighteen hundred and eighty only fifteen days' notice need be given. Fourth-At the time and place specified in said notice the Board shall meet and publicly open and read all of the bids or proposals which have been received by them, and shall make their award thereon within ten days thereafter. Fifth-Said bids or proposals must be accompanied by sample copies of the books proposed to be furnished, together with a statement of the wholesale and retail price at which the publisher agrees to furnish each book within the county, or at San Francisco, during the full time for which said books are to be adopted. Sixth-If no satisfactory bids or proposals are received, then the books already in use may continue in use until changed, as herein provided. Seventh-The publisher or publishers whose proposals shall be accepted, must enter into a written contract with the Board of Education making the award, and shall give a good and sufficient bond in a reasonable sum, to be fixed by the Board of Education, for the faithful performance thereof. Publishers of books already in use may bid under the provisions of this section as well as others, and such bids, if satisfactory, may be accepted by the Board. 1875. If any city or district refuse or neglect to use the books that may be prescribed, or use any other text-books in any of the prescribed studies, the Superintendent of Public Instruction must withhold from such city, town, or district, twenty-five per cent of all State school moneys to which it may be entitled, until it comply; and any moneys so withheld must be apportioned by the Superintendent at the next annual apportionment, in the same manner as other school moneys in the treasury. 1876. No School Trustee or member of any Board of Education must be interested in any contract made by the Board of which he is a member; and any contract made in violation of this provision is void. 1877. All printing or binding required under this chapbinding, by ter must be executed by the State Printer, in the form and manner and at the prices of other State printing, and be paid for in like manner. done. School year, 1878. The school year begins on the first day of July, and commence- ends on the last day of June. ment of, a Board 1879. The offering of any valuable thing to any member Influencing of a Board of Education, with the intent thereby to influence members of his action in regard to the granting of any teacher's certifi- made felony. cate, the appointment of any teacher, Superintendent, or other officer or employé, the adoption of any text-book, or the making of any contract to which the Board of Education of which he is a member shall be a party, or the acceptance by any member of a Board of Education of any valuable thing, with corrupt intent, shall be a felony, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the Penitentiary not exceeding one year, or by both such fine and imprisonment; and the person so convicted shall be forever disqualified from holding any office of trust or profit in this State. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with any offense described in this section, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony. Any contract or appointment obtained from a Board of Education by corrupt means shall be void. Any County Board of Supervisors, or any City Council, or any duly authorized committee thereof, may investigate the conduct of any member of a County, or City, or City and County Board of Education, or school officer, or employé, who may be charged with malfeasance in office, and in such capacity shall be entitled to the process of the Courts to compel the attendance of witnesses, and the officer who shall preside at such investigation shall have power to administer all necessary oaths. Trustees to 1880. The Board of Trustees of any school district may, Election when in their judgment it is advisable, call an election, and called by submit to the electors of the district whether bonds of such raise money district shall be issued and sold for the purpose of raising school for building money for building or purchasing one or more school houses houses. in such district, and furnishing the same, and for liquidating the indebtedness for school houses already erected. . how given. 1881. Such election must be called by posting notices, Notice for signed by the Board, in three of the most public places in election the district, for not less than twenty days before the election; and if there is a newspaper published in the county, by publishing such notice therein not less than once a week for three successive weeks. 1882. Such notice must contain: 1. The name and place of holding such election. 3. The hours during the day (not less than six hours) in which the polls will be open. 4. The amount and denomination of the bonds, the rate of interest, and the number of years, not exceeding ten, the whole or any part of said bonds are to run. What to contain. Election, how held. Returns, when and how 1883. Such election shall be held, except as otherwise provided in this Act, in conformity with sections one thousand eight hundred and thirty-three, one thousand eight hundred and thirty-four, and one thousand eight hundred and thirty-five of the Political Code, excepting the words to appear upon the ballots, which shall be "Bonds, Yes," or "Bonds, No." 1884. On the seventh day after said election, at one o'clock P. M., the returns having been made to the Board of canvassed. Trustees, the Board must meet and canvass said returns, and if it appears that two thirds of the votes cast at said election was in favor of issuing such bonds, then the Board shall cause an entry of that fact to be made upon its minutes, and shall certify to the Board of Supervisors of the county all the proceedings had in the premises, and thereupon said Board of Supervisors shall be and they are hereby authorized and directed to issue the bonds of such district, to the number and amount provided in such proceedings, payable out of the Building Fund of such district, naming the same, and that the money shall be raised by taxation upon the taxable property in said district for the redemption of said bonds, and the payment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per cent. of the taxable property of the district, as shown by the last equalized assessment book of the county. Form of bonds, when payable. Interest, when payable. Tax, when to be levied. 1885. The Board of Supervisors, by an order entered upon its minutes, shall prescribe the form of said bonds, and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than ten years from the date thereof. 1886. Said bonds must not bear a greater amount of interest than eight per cent.; said interest to be payable annually, and said bonds must be sold in the manner prescribed by the Board of Supervisors, but for not less than par, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the Building Fund of said school district, and be drawn out for the purpose aforesaid, as other school moneys are drawn out. 1887. The Board of Supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon; and during the balance of the term high enough to pay such annual interest, and to pay, annually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied when collected shall be paid into the county treasury to the credit of the Building Fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the County Treasurer, upon the warrant of the Auditor, out of the fund provided therefor; and it shall be the duty of the Auditor to cancel and file with the Treasurer the bonds and coupons as rapidly as they are paid. 1888. If the Board of Supervisors of any county, which Failure to has issued bonds under the provisions of this Act, shall fail levy tax, to make the levy necessary to pay such bonds or interest remedied. coupons at maturity, and the same shall have been presented to the County Treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the State Controller, taking his receipt therefor, and the same shall be registered in the State Controller's office; and the State Board of Equalization shall, at their next session, and at each annual equalization thereafter, add to the State tax to be levied in said district, a sufficient rate to realize the amount of principal or interest past due prior to next levy, and the same shall be levied and collected as a part of the State tax, and paid into the State treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants, as the payments mature, to the holder of such registered obligations as shown by the register in the office of the State Controller, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said district. EXTRACTS FROM THE POLITICAL CODE. Political 4. The rule of the common law, that statutes in derogation Construction thereof are to be strictly construed, has no application to this of the Code. The Code establishes the law of this State respecting Code. the subjects to which it relates, and its provisions, and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. 10. Holidays, within the meaning of this Code, are: Holidays. Every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State, for a public fast, thanksgiving, or Joint authority. Words and terms defined. Eligibility to office. Terms of office, when not prescribed. Holding over until successor is qualified. Oath, when taken. Vacancies, how they occur. holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, or the twenty-fifth day of December, fall upon a Sunday, the Monday following is a holiday. 15. Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority. 17. Words used in this Code in the present tense, include the future as well as the present; words used in the mascuiine gender, include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is embraced in the term "testify," and every written one in the word "depose;" signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. 58. Every elector is eligible to the office for which he is an elector, except where otherwise specially provided; and no person is eligible who is not such an elector. 878. Every office, of which the duration is not fixed by law, is held at the pleasure of the appointing power. 879. Every officer must continue to discharge the duties of his office, although his term has expired, until his successor has qualified. 907. Whenever a different time is not prescribed by law the oath of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office, when no such notice has been given. 996. An office becomes vacant on the happening of either of the following events before the expiration of the term: First-The death of the incumbent. Second-His insanity, found upon a commission of lunacy issued to determine the fact. Third-His resignation. Fourth-His removal from office. Fifth-His ceasing to be an inhabitant of the State, or if the office be local, of the district, county, city, or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged. Sixth-His absence from the State, without permission of the Legislature, beyond the period allowed by law. Seventh-His ceasing to discharge the duties of his office |