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§ 1869. Issuing irregular certificates. Any state, county, or city and county superintendent, or any state, county, or city and county board of education, who shall issue a certificate or diploma, except as provided for in this title, shall be guilty of a misdemeanor. En. Stats. 1873-4, 111. Am'd. 1880, 45; 1889, 195.

§ 1870. Officers acting as agents. No officer named in this title, or teacher in any public school held under the provisions of this title, must act as agent for any author, publisher, bookseller or other person, to introduce any book, apparatus, furniture, or any other article whatever, in the common schools of this state, or any one or more of them, or directly or indirectly contract for, or receive any gift or reward for so introducing or recommending the same; and any officer so acting or receiving, must be deemed guilty of a misdemeanor, and, on conviction, be punished by fine or imprisonment, and be removed from office. En. Stats. 1873-4, 85.

§ 1871.

Certificates issued only to persons of good moral character. Certificates shall be issued to such

persons only as shall have given evidence of good moral character. En. March 12, 1872.

1880, 46.

Am'd. 1873-4, 111;

§ 1872. Appeals from orders revoking certificates. (Repealed.) En. March 12, 1872. Rep. 1880, 48.

Cal. Rep.Cit. 81, 23.

§ 1873. School officers may administer oaths. Every officer, including secretaries and assistant secretaries of boards of education, charged with the performance of duties under the provisions of this chapter, may administer and certify oaths relating to officers or official matters concerning public schools. En. March 12, 1872. Am'd. 1889, 196.

§ 1874. Rules governing adoption of text-books. 1. In compiling or causing to be compiled and adopted a uniform series of school text-books for use in the common schools of this state, as required by section seven (7) of article nine (9) of the state constitution, the state board of education shall, within thirty days after the passage of this act, meet and appoint three members of

said board, to wit, the governor, the superintendent of public instruction and one other member of said state board of education as a standing committee on school text-books. The said committee shall be designated and known as the state text-book committee, and shall immediately organize and enter upon the discharge of its duties, and shall have power, subject to the approval of the state board of education, to revise in whole or in part and to manufacture such text-books as are now in use; to compile or cause to be compiled under its direction, and to manufacture such other or additional text-book or books as it may deem necessary or proper for use in the primary and grammar schools (the common schools) of the state; to purchase or hire plates, maps, and engravings of copyright matter; to contract for, or lease copyrights, for the purpose of being used in compiling, printing and publishing such books; to provide for the payment of royalties or for the leasing of plates for the making of the whole or any part of a book or books, and to do any and all acts that may be necessary for the purpose of procuring a meritorious uniform series of textbooks for use in all the primary and grammar schools of the state of California. Said committee shall have power, subject to the approval of the state board of education, to prescribe and enforce the use of a uniform series of text-books, and to adopt a list of books for supplementary use from which county and city and county boards of education shall select and adopt books for supplementary use in primary and grammar schools in their respective counties and cities and counties, as required by section seventeen hundred and twelve of the Political Code. As soon as any text-book shall have been compiled, printed, adopted, and is ready for distribution, it shall be the duty of every county and city and county superintendent of schools in the state to order a sufficient number thereof to give at least one copy of every such book to every public school district library in the county or city and county in which he is superintendent, and payment therefor shall be made by him by drawing his requisition without the order of the board of school trustees against the library funds of the respective districts in his county or city and county for the cost and remitting the same to the official who has charge of the

sale of state school text-books. In cities where the city school superintendent or city board of education is accustomed to draw requisitions upon the library funds, it is hereby made the duty of such superintendents or boards of education to order and pay for copies of books of the state series for their school libraries as hereby provided in lieu of the county superintendents.

2. Instruction shall be given in the following subjects in the primary and grammar schools of the state in the several grades in which they may be required, viz.: Reading, writing, orthography, language lessons, and English grammar, arithmetic, geography, history of the United States, elements of physiology and hygiene, vocal music, elementary bookkeeping, drawing, nature study, and civil government; and it shall be the duty of the said textbook committee to revise such of the books of the present state series or publish such new ones in any of the abovementioned subjects as may be necessary for the proper study and teaching of them, and for the purposes of compilation and publication may make use of any copyright matter deemed suitable, and may purchase or hire plates, maps, or engravings of such copyright matter, may contract and arrange for the payment of royalties, and shall designate such book or books, when published, as belonging to and forming a part of the state series of school text-books, subject to the approval of the state board of education.

3. The said text-book committee shall elect a secretary, who shall be a person of recognized educational ability and experience, who shall be provided with an office at the state capitol in Sacramento in connection with that of the superintendent of public instruction, and who shall keep the books, accounts, and all records of the said committee and perform such other duties as may from time to time be required of said secretary by said committee. Said secretary shall hold office at the pleasure of the committee and shall receive a salary of one hundred and sixty-five dollars per month, payable monthly in the same manner and from the same fund as the salaries of state officers are paid.

4. The said text-book committee may secure copyrights, in the name of the people of the state of California, to any book that may be compiled under this act, and whenever

any one or more of the state school text-books shall have been compiled, published, and adopted, the superintendent of public instruction shall issue an order to all county and city and county boards of education by sending notice by registered mail to the secretaries of all such boards requiring the uniform use of said book or books in all the primary and grammar schools of this state, and when said order shall have thus been given and published, the same shall remain in force and effect for a term of not less than four nor more than eight years; provided, that said order for the uniform use of said book or books shall not take effect until the expiration of at least one year from the time of the completion, purchase, or the leasing of the electrotype plates of said book or books; but nothing in this act shall be construed to prevent any county, city, or city and county from adopting any one or more of the state series of school text-books whenever said book or books shall have been published and is ready for distribution; provided, further, that whenever any plates, maps, or engravings of any publisher or author are adopted for use as hereinbefore provided, the state text-book committee shall enter into a contract for not less than four nor more than eight years for the use of the same, and shall require a good and sufficient bond of the owner of such plates, maps or engravings, guaranteeing that the same shall be kept revised and up to date as may be required by the state board of education.

5. Any county, city and county, city or school district that refuses or neglects to use the state series of school text-books in the grades and in the subjects for which they are intended and at the time as required in the foregoing subdivisions of this act must, upon satisfactory proof of such refusal or neglect, have the state money to which it is otherwise entitled, withheld from it by the superintendent of public instruction.

6. The superintendent of state printing shall have the supervision of all mechanical work connected with the printing and publishing of such books as may be compiled and adopted by said text-book committee and approved by the state board of education, and all such printing and binding shall be done in the state printing office. The superintendent of state printing shall annually on the first day of July, and oftener, if requested,

submit to the said text-book committee a detailed statement showing the number and name of books of the state series published by him during each year.

7. Whenever any book authorized to be published under this act is ready for sale or delivery to pupils, the state printer shall submit to the said state text-book committee, and it in turn to the state board of education, an itemized statement, showing the exact cost of the material, printing, binding, and finishing of such book in editions of five thousand or more, and the state board of education shall thereupon determine and fix the price of such book as required by law, by adding to the cost of manufacturing, the price contracted to be paid as royalty, or for the use of the plates, maps or engravings of the copyright matter therein contained, and said price shall be deemed to be the whole cost of publication of such book at Sacramento. The amount fixed for royalty or cost of plates of copyright matter shall, as the books are sold, be kept separate from other proceeds from the sale of state school text-books, and deposited in the state treasury to the credit of a fund to be designated and known as the "Text-Book Royalty Fund," the same to be paid out quarterly or semi-annually, as may be agreed between the owners of copyright matter and said text-book committee, on the order of the said state text-book committee, in payment of royalties or hire of plates, maps or engravings of copyright matter in the same manner as other claims upon the state treasurer are paid.

8. The sum of twenty thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act. Said appropriation, which shall be known as the "Text-Book Appropriation," shall be subject to the drafts of the said text-book committee for all the expenses incurred by it, except the salary of the secretary, which is otherwise provided for in this act; provided, that all claims shall be presented to the state board of examiners for their approval; said appropriation shall be subject to the drafts of the said committee for all moneys needed for the payment of royalties, for the purchase or hire of such plates, maps, or engravings that may be necessary but which can not be arranged to be paid for as provided in subdivision seventh hereof,

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