139 POLITICAL CODE. 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. SEC. 7. Said bonds must be payable in gold coin of the United States; must be signed by the president of the board of supervisors, and countersigned by the clerk of the county, who must affix the county seal thereto; must not bear a greater rate of interest than eight per cent, said interest to be jayable semi-annually in like gold coin; and said bonds must be sold in the manner prescribed by the board of supervisors, but for not less than par, in gold coin of the United States, 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. SEC. 8. 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. If the board of supervisors of any county in which SEC. 9. any school district has issued bonds under the provisions of this set shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bonds, together with all unpaid coupons, with the state controller, taking his receipt thereof, 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 raise the amount of principal and interest past due prior to the 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 satis fied and discharged; any balance then remaining shall be transmitted to the treasurer of the county in which is situated the district by which such bonds were issued, and shall be placed by the county treasurer to the credit of the general school fund of said district. SEC. 10. The act approved March thirty-first, eighteen hundred and ninety-one, entitled "An act to enable cities of the fifth class to issue bonds for the purpose of raising money to purchase school lots, and for building or purchasing one or more school-houses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes," is hereby repealed. SEC. 11. This act shall take effect and be in force from and after its passage. The act of March 31, 1891, repealed by the above statute, is as follows: An act to enable cities of the fifth class to issue bonds for the pur pose of raising money to purchase school lots, and for building or purchasing one or more school-houses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes. [Approved March 31, 1891; Stats. 1891, p. 264.] SECTION 1. The board of education of any school district in a city of the fifth class may when in their judgment it is advisable, and must when requested by the board of trustees of such city, call an election, and submit to the electors of the district whether the bonds of such district shall be issued and sold for the purpose of raising money to purchase school lots, and for building or purchasing one or more school-houses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes. SEC. 2. Such election must be called by posting notices, signed by the board of education, in three of the most public places in the district, for not less than twenty days before the election, and by publishing such notices, in some newspaper published in such city, not less than once a week for three successive weeks. SEC. 3. Such notices must contain, 1. The time and place of holding such election. 2. The names of three judges to conduct the same. 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. SEC. 4. Such election shall be held, except as otherwise provided in this act, in conformity with sections eighteen hundred and thirty-three, eighteen hundred and thirty-four, and eighteen hundred and thirty-five of the Political Code, excepting the words to appear upon the ballots, which shall be "Bonds - Yes," or "Bonds-No." SEC. 5. On the seventh day after said election, at one o'clock, P. M., the returns having been made to the board of education. 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 trustees of said city all the proceedings had in the premises, and thereupon said board of trustees shall be and they are hereby authorized and directed to issue the bonds of sich 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 taxaton upon the taxable property in said district for the redempnon of said bonds, and the payment of the interest thereon; provided, that the total amount of bonds so iɛsued shall not exceed five per cent of the taxable property of the district as shown by the last equalized assessment-book of the city SEC. 6. The board of city trustees, 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. SEC. 7. Said bonds must not bear a greater rate of interest than eight per cent, said interest to be payable annually; and sad bonds must be sold in the manner prescribed by the board of city trustees, but for not less than par, and the proceeds of the sale thereof must be deposited in the city treasury to the cret of the building fund of said school district, and be drawn out for the purpose aforesaid as other school moneys are drawn out. SEC. 8. The board of city trustees, at the time of making the levy of taxes for city 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 taxes must not be less than sufficient to pay the interest on 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 one 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 princi pal of said bonds equal to a sum produced by taking the whole aziount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and the moneys so levied and collected shall be paid into the city 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 city treasurer, upon the warrant of the president of the board of trustees, countersigned by the city clerk, out of the fund provided therefor; and it shall be the duty of the city clerk to cancel and file with the treasurer the bonds and coupons as rapidly as they are paid. SEC. 9. If the board of trustees of any city which has issued bonds under the provisions of this act shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the city treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the state controller, take 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 raise the amount of principal or interest past due prior to the 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 shall be transmitted to the city treasurer of the city by which such bonds were issued, to be applied towards the payment of principal or interest of any school bond then outstanding against said district; if there be no such outstanding bonds, then such balance shall be placed by the city treasurer to the credit of the general school fund of said district. SEC. 10. This act shall take effect and be in force from and after its passage. 1833. How election to be conducted. The election shall be conducted in conformity to the provisions of sections one thousand five hundred and ninety-six, one thousand five hundred and ninety-seven, one thousand five hundred and ninety-eight, one thousand five hundred and ninetynine, one thousand six hundred, and one thousand six hundred and one of the Political Code; provided, that no particular form of ballot shall be required, nor shall any informalities in conducting such election invalidate the same, if the election shall have been otherwise fairly conducted. [Amendment approved March 23, 1893; Stats. 1893, p. 263; in effect immediately.] 1835. Certificate of election officers. If a majority of the votes cast upon the question of the tax levy are "TaxYes," the officers of the election must certify the fact to the board of school trustees. [Amendment approved March 23, 1893; Stats. 1893, p. 264, in effect immediately.] 143 POLITICAL CODE. The board of school trus- 1837. Tax. limits of powers of supervisors. 93 Cal. 414. Levy of school tax in Sacramento: 96 Cal, 42. 1857. No fees allowed for collecting school moneys. No assessor, tax collector, city, city and county, or county treasurer must charge or receive any fees or compensation whatever for assessing, collecting, receiving, keeping, or disbursing any school moneys, but the whole moneys collected must be paid to the city, city and county, or county treasurer; provided, that said assessor, or tax collector, for services rendered in the collection of poll taxes, shall receive the sum of fifteen per cent of the collections. [Amendment approved March 23, 1893, Stats. 1893, p. 264; in effect immediately.] School money must be paid into county treasury: 97 Cal. 459. 1858. Apportionment of school moneys by state superintendent. All state school moneys apportioned by the superintendent of public instruction must be apportioned to the several counties in proportion to the number of school census children as shown by the returns of the school census marshals of the preceding school year; protuled, 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 school superintendent 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 thereof not less than twenty school census children, as shown by the next preceding school census; provided, that all children in any asylum, and not attending the public schools, of whom the |