roofs, stairways, etc., and improving sanitary conditions, and CHAPTER CIX. An act to amend section 22 of an act entitled "An act to provide for the formation, government, operation and dissolution of sanitary districts in any part of the state, for the construction of sewers and other sanitary purposes; the acquisition of property thereby; the calling and conducting of elections in such districts; the assessment, levy, collection, custody, and disbursement of taxes therein; the issuance and disposal of the bonds thereof, and the determination of their validity, and making provision for the payment of such bonds, and the disposal of their proceeds." [Approved March 10, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section twenty-two of an act entitled "An act to provide for the formation, government, operation, and dissolution of sanitary districts in any part of the state, for the construction of sewers and other sanitary purposes; the acquisition of property thereby; the calling and conducting of elections in such districts; the assessment, levy, collection, custody, and disbursement of taxes therein; the issuance and disposal of the bonds thereof, and the determination of their validity, and making provision for the payment of such bonds, and the disposal of their proceeds," is amended to read as follows: built at owners of Section 22. The sanitary board shall have power at any Sewers time after main sewers, or other sewers are laid, to order and may be contract for the construction of a sewer in any street or part cost of of a street of the district where a sewer is not already con- frontage: structed, and to provide by such order that the cost thereof shall procedure. be borne by the property fronting along the line of the sewer as ordered. Before ordering any work done, or improvement made, which is authorized by this section, the sanitary board shall pass a resolution of intention so to do and describing the work. The secretary of the board shall thereupon cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notices shall, in legible characters, state the fact of the passage of the resolution, its date and briefly Owner may object. Award of contract. the work or improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be published for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and designated. If there be no newspaper published and circulated in said district, then and in that case said secretary shall post said notices in three public places in said district in addition to said posting along the line of said work or improvement. Any owner of property fronting upon said proposed work or improvement may make a written objection to the same within fifteen days from and after the first publication of said notice, or from and after the day of the posting of said notice if the same cannot be published as herein provided, which objection shall be delivered to the secretary of the sanitary board, who shall indorse thereon the date of its reception by him. The sanitary board shall, at its next meeting after the time for presentation of objections has expired, fix a time for hearing said objections, not less than one week thereafter. The secretary of the sanitary board shall thereupon notify the person or persons making such objection, by depositing a notice thereof in the United States postoffice in said district, or if there be none in said district, then in the one nearest thereto, postage prepaid, addressed to each objector, or his agent, when such objector appears by agent. At the time specified said sanitary board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. Upon such decision or at the expiration of the said fifteen days, if no written objection to the work therein described has been made as aforesaid by any owner of the property fronting on said work or improvement, the sanitary board shall be deemed to have acquired jurisdiction to order any work to be done, or improvement to be made, authorized by said resolution and this section. After said sanitary board has acquired jurisdiction to do such work and make such improvement, it may order the work done and improvement made, and provide in such order a time for receiving bids, and likewise authorize the president and secretary of the sanitary board to enter into a contract for the performance of said work and making of said improvement. Such order shall be published for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and designated, and in case there be no such newspaper published and circulated in said district, then and in that event such order shall be posted in at least three public places in said district; and at the opening of said bids the board must award the contract to the lowest responsible bidder, or may reject any and all bids and readvertise for bids and upon the opening of such bids award the contract to the lowest responsible bidder, unless the board is satisfied there is collusion between bidders when it may again reject the bids and again advertise for bids until they are satisfied the bids are property. certain fair and not made under collusion or fraud when it must award the contract. And in case such order is made and such contract Cost of improveis let, then the cost of such work and improvement done under ments a such contract shall become a lien upon and shall be assessed lien upon against such blocks, lots and lands fronting upon said work and improvement as would be assessable for said work and improvement under the provisions of that certain act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March eighteenth, eighteen hundred and eighty-five, and acts amendatory and supplemental thereto, and the manner, method and mode of such assessment and collection of such assessment and foreclosure of such lien shall be made in accordance with the provisions of section six and subsequent of said act and acts supplemental and amendatory to such provisions; provided, however, that the words "city Meaning of council" used in said act shall be understood to mean "sani- terms. tary board"; the words "superintendent of streets" and "city engineer" shall be understood to mean "the engineer of such sanitary district"; the words "city" and "municipality" shall be understood to mean "sanitary district"; the words "clerk" and city clerk" shall be understood to mean secretary of said sanitary board"; the term "treasurer" or "city treasurer" shall be understood to mean any person or officer who shall have charge of and make payment of the funds of such sanitary district; and further provided, that all the powers and duties conferred by the said provisions of said act and acts amendatory and supplemental thereof upon city councils, superintendent of streets, clerks and city clerks, and treasurers and engineers and city engineers are hereby conferred and imposed upon the respective officers and board above specified. SEC. 2. This act shall take effect from and after its passage and approval. CHAPTER CX. An act making an appropriation of seven hundred ($700.00) dollars to provide for postage, expressage, telegraphing, traveling and contingent expenses of the governor's office for the fiscal year ending June thirtieth, A. D., 1903. [Approved March 10, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion for expenses SECTION 1. The sum of seven hundred ($700.00) dollars is Appropriahereby appropriated out of any money in the state treasury contingent not otherwise appropriated to provide for postage, expressage, of gover telegraphing, traveling and contingent expenses of the governor's nor's office. office for the fiscal year ending June thirtieth, A. D., 1903. SEC. 2. The controller is hereby authorized to draw his warrant for the said sum and the treasurer is hereby directed to pay the same. SEC. 3. This act shall take effect from and after its passage. Appropriation for CHAPTER CXI. An act making an appropriation to pay the contingent expenses of the senate, thirty-fifth session. [Approved March 11, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. The sum of ten thousand dollars is hereby contingent appropriated out of any money in the state treasury not otherexpenses wise appropriated, to pay the contingent expenses of the senate, thirty-fifth session. of senate. SEC. 2. This act shall take effect immediately. CHAPTER CXII. An act to pay the claim of J. E. Atkinson, and making an appropriation therefor. [Approved March 11, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: Appropria- SECTION 1. The sum of three thousand seven hundred and tion to pay claim of fifty ($3,750) dollars is hereby appropriated out of any moneys J. E. Atkin in the state treasury not otherwise appropriated, to pay the claim of J. E. Atkinson. SEC. 2. The controller of state is hereby directed to draw his warrant in favor of J. E. Atkinson, or his assigns, in the sum of three thousand seven hundred and fifty ($3,750) dollars, and the state treasurer is directed to pay the same, and the direction herein is hereby exempted from the provisions of section six hundred and seventy-two of the Political Code. SEC. 3. This act shall take effect after January first, nineteen hundred and four. CHAPTER CXIII. An act to amend section 1858 of the Political Code of the State of California, relating to the apportionment of school funds. [Approved March 11, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section eighteen hundred and fifty-eight of the Political Code is hereby amended to read as follows: moneys, 1858. All state school moneys apportioned by the super- School intendent of public instruction must be apportioned to the how apseveral counties in proportion to the number of school census portioned children, as shown by the returns of the school census marshals of the preceding school year; provided, that Indian children whose parents are on government reservations, or are living in the tribal relation, and Mongolian children not native born, shall not be included in the apportionment list. The superintendent of schools in each county must apportion all state and county school moneys as follows: First-He must ascertain the number of teachers each district is entitled to by calculating one teacher for every seventy school census children, or fraction of such number not less than twenty school census children, as shown by the next preceding school census; and in cities or districts wherein separate classes are established for the instruction of the deaf, as provided in section 1618 of this code, an additional teacher for each nine deaf children, or fraction of such number, not less than five, actually attending such classes; provided, that all children in any asylum, and not attending the public schools, of whom the authorities of said asylum are the guardians, shall not be included in making the estimate of the number of teachers to which the district in which the asylum is located is entitled. Second-He must ascertain the total number of teachers for the county, by adding together the number of teachers assigned to the several districts. Third-Five hundred dollars shall be apportioned to each district for every teacher assigned to it; provided, that to districts having ten and less than twenty school census children, shall be apportioned four hundred dollars; provided further, that to districts having over seventy school census children and a fraction of less than twenty, there shall be apportioned twenty dollars for each census child in said fraction. Fourth-All school money remaining on hand after apportioning to the districts the moneys provided for in subdivision three of this section, must be apportioned to the several districts in proportion to the average daily attendance in each district during the preceding school year. Census children, |