retirement, shall be entitled to as many thirtieths (30ths) of the full annuity as he or she has had years of service by paying into the annuity fund the contributions to that fund corresponding to those years of service rendered at a time when or in a place where it was impossible to make such contributions by reason of the non-existence of an annuity fund.

(b) Teachers of evening schools receiving a salary of fifty dollars or less, shall be subject to one-half its burdens and shall be entitled to one-half of the benefits of this act; provided, that any teacher who is employed both in a day and in an evening school shall be considered for the purposes of this act to be employed in a day school only. [New section added 1897, p. 225.]

SEC. 9. If at the end of any quarter year there shall not be a sufficient amount of money in the "annuity fund" hereinafter described, to pay all warrants or demands of annuitants in full, then the money in that fund shall be divided pro rata among them, and the sum received by each annuitant shall be in full discharge of all claims against said fund to that date. [New section added 1897, p. 225.]

SEC. 10. The public school teachers' annuity and retirement fund herein provided for, shall consist of the following, with the income and interest thereof: (I) Twelve dollars ($12) per school year, of the salaries paid to all those subject to the burdens of this act, in each county or consolidated city and county, shall be deducted from the warrants for salary, and paid by the treasurer of the county, or consolidated city and county, to the public school teachers' retirement fund commissioners of said county, or consolidated city and county; and it shall be the duty of the secretary of the board of education in every incorporated city or town, or consolidated city and county, and the secretary of the board of trustees of every school district outside of such city or town, or consolidated city and county, to note in each warrant the amount to be deducted by the treasurer. (II) All moneys received from

gifts, bequests, and devises, or from any other source. (III) All money, pay, compensation, or salary forfeited, deducted, or withheld from the warrant or demand for salary of any teacher or teachers for and on account of absence from duty from any cause, which the board of education of every incorporated city or town, or the board of trustees of every school district outside of such city or town, may appropriate and set apart for the aforesaid fund; and said board of education, or boards of trustees, are hereby empowered to appropriate such moneys, or any part thereof, for such fund; provided, that in consolidated cities and counties, after the establishment of an annuity fund therein, it is hereby made the duty of boards of education to appropriate, monthly, at least one-half of such moneys for such fund. [Amendment of 1897, Stats. p. 225.]

SEC. 11. The public school teachers' annuity and retirement fund herein provided for shall be divided into two distinct funds, or accounts, (1) the permanent fund, and (2) the annuity fund.

(1) The permanent fund.

A. The permanent fund shall consist of: (I) Twenty-five per cent. of all contributions from those affected by this act; (II) Twenty-five per cent. of all gifts, bequests, or devises, unless otherwise ordered by the donor or testator; (III) Twenty-five per cent. of all moneys deducted from the salary of teachers because of absence from duty.

B. When the permanent fund shall amount to the sum of fifty thousand dollars, then all moneys thereafter received shall go into the annuity fund, except such gifts, devises, or bequests as may be Specially directed by its donor or testator to be placed in the permanent fund.

C. It shall be the duty of the public school teachers' retirement fund commissioners to invest the aforesaid permanent fund in interest-bearing bonds issued by the federal, state, county, city and county, or municipal governments, and to apply the interest thereon as herein directed.

(2) The annuity fund.

A. The annuity fund shall consist of: (I) The income derived from the permanent fund; (II) All other moneys belonging to the public school teachers' annuity and retirement fund, not herein before directed to be placed in the permanent fund; (III) All money in the fund provided for in the act to which this is amendatory.

B. The annuity fund shall be the only one from which annuitants shall be paid.

C. If at the end of any fiscal year there remain any surplus in the annuity fund, said surplus shall be deposited by the public school teachers' annuity and retirement fund commissioners in any savings bank or savings banks designated by them. [New section added 1897, Stats. 225.]

SEC. 12. This act shall be binding (1) upon such public school teachers, and such other officers of the school department as possess teachers' ceftificates, who, after the passage of this act, shall sign and deliver to the public school teachers' retirement fund commissioners, and to the secretary of the board of education of the incorporated city or town, or consolidated city and county, or to the secretary of the board of trustees of the school district in which they are employed, a notice in substantially the following form:

To the Public School Teachers' Annuity and Retirement Fund Commissioners, of County (or city and county):

You are hereby notified that I agree to be bound by, and desire to avail myself of the provisions of the act of the legislature of the state of California, approved eighteen hundred and ninety-seven, entitled "An act to amend an act approved March twenty-six, eighteen hundred and ninety-five, entitled 'An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties in the state.'"'

Public School Teacher.

And provided, that at least thirty teachers within the county, or consolidated city and county, have

filed the notice herein before set forth; provided fur ther, that in all counties, or in consolidated cities and counties, when there is a less number of teachers than thirty, this act shall be binding on all those who signify their intention of being bound thereby.

(2) În consolidated cities and counties it shall be binding upon all teachers elected or appointed to teach in the public schools of such consolidated cities and counties after the passage of this act.

(3) Annuities heretofore granted under the provisions of the act of which this act is amendatory shall be continued for the same amount as hereto fore paid, subject, however, to the conditions imposed by sections nine (9) and eleven (11) of this act. [Amendment of 1897, Stats. p. 225.]

SEC. 13. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. [New section added 1897, Stats. p. 225.]

SEC. 14. This act shall take effect and be in force from and after its passage. [Amendment of 1897, Stats. p. 225.]

The amendments have resulted in entirely superseding the former statute, each section of the former act having been amended.

By reason of the amendments sections two and four of the former acts are now embodied in section two. Section five of the former act is now represented by section three; section three of the former act is in section eight of the present act; section six of the former act is now represented in section ten; section seven of the former act is now section twelve, and sections eight and nine of the former act are sections thirteen and fourteen, respectively, of the present act.

The sections as amended differ materially in substance from the original sections.

PRIMARY ELECTION LAW.

An act providing for general primary elections within the state of California, and to promote the purity thereof by regulating the conduct thereof, and to support the privileges of free suffrage thereat, by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof, and for other

purposes.

[Approved March 13, 1897. Stats. p. 115.]

SECTION 1. All primary elections held within this state for the nomination of any candidate for a state or district office, member of congress, members of the legislature, city, city and county, county, or town officers, or for the election of delegates to a convention for the purpose of making such nominations, shall be held under the provisions of this act. A convention to nominate candidates to be voted for by the electors of the entire state shall be known as a "state convention." Conventions to nominate representatives in congress, members of the board of equalization, or railroad commissioners, shall be known as "district conventions." All other conventions shall be known as "local conventions."

SEC. 2. All primary elections shall be held in this state at the times hereinafter specified and not otherwise. In years when by law electors of president and vice-president are to be voted for, a state convention to select delegates to a national convention to select candidates for president and vicepresident, which state convention shall have power at its option to divide itself into a district convention, or district conventions, to nominate candidates