tion, and signed by a majority of the election board, and thereafter strung upon a string. [Amendment approved March 23, 1893; Stats. 1893, p. 308; in effect immediately. ] This section was also amended at the session of 1891: Stats. 1891, p. 176.

1258. Tallies. Each clerk must write down each office to be filled, and the name of each person marked in each ballot as voted for to fill such office, and keep the number of votes by tallies as they are read aloud. [Amendment approved March 20, 1891; Stats. 1891, p. 176; in effect July 1, 1891.]

1259. Ballots to be sealed. The ballot, as soon as the names marked on it as voted for are read, must be strung on a string by one of the judges, and must not thereafter be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong envelope, each member of the board writing his name across the seal. [Amendment approved March 20, 1891; Stats. 1891, p. 176; in effect July 1, 1891.]

1264. Delivery of package, to whom. The member to whom such packages are delivered must, without delay, deliver such packages, without their having been opened, to the county clerk, nearest postmaster, or sworn express agent, who shall indorse on such package the name of the party delivering them, and date of such delivery. If delivered to a postmaster or express agent, such postmaster or express agent shall forward the packages by the first mail or express to the county seat. In the city and county of San Francisco such packages must be delivered to the county clerk within three hours from the time of adjournment of the board, which time of adjournment must be indorsed upon such package and upon each poll list, in ink, and signed by a majority of the members of such board. In the city and county of San Francisco the packages must be put up and sealed in the following manner, by an inspector and at least three others of the board, and be signed with their respective signatures, across the same, written: One package to contain the ballots only; one package to contain one tally list and list attached, only; one package to contain the ward register aud certificates

of registration issued by the county clerk after making up the ward register, and received at the polls. [Amendment approved March 23, 1893; Stats. 1893, p. 308; in effect immediately.]

1265. Duty of clerk on receipt of packages. On receipt of the packages, the clerk must file the one containing ballots, and must keep it unopened and unaltered for twelve months, after which time, if there is not a contest commenced in some tribunal having jurisdiction about such election, he must burn the package without opening or examining its contents; provided, however, that after the time limited for a contest, and in the event any cou tests have been commenced, then, after said ballots have been opened and counted by the superior court in said contests, a judge of the superior court of the county wherein said ballots were voted may order said packages. to be opened for inspection in any case being tried in his court, where he has jurisdiction of the same, whenever he shall deem it necessary to inspect the ballots contained in said packages in order to produce testimony to establish the proof of any material issue of fact arising in the course of the trial of said case. In no event shall the said packages, or any of them, or the ballots contained therein, be taken from the custody of the county clerk. Whenever said packages, or any of them, shall have been inspected and examined, and a record made of the testimony therein contained, the same shall be restored to the exclusive control and custody of the county clerk, who shall reseal the packages with the ballots contained therein, and keep the same until he shall burn them, in accordance with the directions of this section. [Amendment approved March 23, 1893; Stats. 1893, p. 308; in effect immediately.]

58.

Custody of ballots by contestant: 67 Cal. 307.
Production of ballots: 31 Pac. Rep. 840.

1266. Production of ballots: 31 Pac. Rep. 840.

1283. Returns of election boards as evidence: 65 Cal.

Ballots as evidence: 67 Cal. 303.

1415. Money of State University in state treasury: 66 Cal. 507.

An act to provide for the payment of interest on the outstanding bonds of the state of California held in trust for the university fund and the state school fund; to repeal an act of the legislature of the state of California, approved March 4, 1881, entitled "An act to appropriate money to reimburse the University of California for moneys heretofore appropriated to the endowment fund thereof, which moneys have by mistake been withheld therefrom and appropriated to other state purposes," and making an appropriation to pay the interest on said outstanding bonds from January 1 to July 1, 1893.

[Approved March 3, 1893; Stats. 1893, p. 75.] WHEREAS, There was, on the first day of January, eighteen hundred and ninety-three, outstanding and unpaid two million five hundred and twenty-eight thousand five hundred dollars of funded debt bonds of eighteen hundred and seventythree, issued by the state of California, bearing interest at the rate of six per cent per annum; and whereas, the people of the state of California, at the election held on the eighth day of November, eighteen hundred and ninety-two, refused to refund said bonds; and whereas, the whole of said bonds, excepting the sum of two hundred and fifty-one thousand dollars, are held by the state of California in trust as follows: For the support of the state school fund, one million five hundred and twenty-six thousand five hundred dollars, and for the university fund, in support of the State Univer sity, seven hundred and fifty-one thousand dollars; and whereas, the period for which said bonds were to run haying expired, and the coupons originally attached thereto having been paid; and whereas, at the present session of the legislature a law has been passed providing for the payment and cancellation of the bonds held by private individuals, in the sum of two hundred and fifty-one thousand dollars, together with interest thereon; and whereas, it has become necessary for the state to pay interest on the bonds so held in trust, or to pay said bonds in full, and there being no money in the state treasury to pay the same, or any part thereof; therefore,

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. The state of California hereby agrees to pay, and will pay, interest on said outstanding bonds so held in trust for the benefit of the state school fund and the university fund at the rate of six per cent per annum, payable semi-annually, from January first, eighteen hundred and ninety-three, on the second of January and July of each year, and the faith of the state of California is hereby pledged for the payment of the interest as herein provided.

SEC. 2. The state treasurer shall hereafter pay, semi-annually, on the second of January and July of each year, to the University of California, the sum of twenty-four thousand nine hundred and twenty-two dollars and fifty cents, the same being the interest, at the rate of six per cent per annum, on the outstanding bonds held by said university against the state,

of the face value of seven hundred and fifty-one thousand dollars, and belonging to the endowment fund provided by Congress, to which is added the sum of seventy-nine thousand seven hundred and fifty dollars, also belonging to said endow ment fund of said university, the interest on which has heretofore been provided for by the act of March fourth, eighteen hundred and eighty-one.

SEC. 3. The state treasurer shall also, as in the preceding section, pay over, semi-annually, as now required by law, for the support of the common schools of the state, the sum of forty-five thousand seven hundred and ninety-five dollars, the same being the semi-annual interest, computed at the rate of six per cent per annum, due from the state on the bonds belonging to the common school fund, now held by the state treasurer, of the tace value of one million five hundred and twenty-six thousand five hundred dollars.

SEC. 4. For the payment of the interest on said outstanding bonds so held in trust, as herein provided, there shall be levied annually, by the state board of equalization, such rate of tax on each one hundred dollars of the assessed value of real and personal property in the state, to be computed by the controller of state on the basis of the assessed value of such property for the preceding year, as shall produce annually the interest on such bonds provided to be paid in sections one, two, and three of this act. The state board of equalization shall certify the rate of tax thus computed to the several county auditors, and the said auditors are hereby directed and required to enter such rate on the assessment rolls of their respective counties, in the same manner and with the same effect as is provided by Law in relation to other state taxes. Every tax levied under the provisions or authority of this act is hereby made a lien against the property assessed, which lien shall attach on the Srst Monday in March of each year, and shall not be satisfied or removed until such tax has been paid, or the property sold fr satisfaction thereof. All moneys derived from taxes authorized by the provisions of this section shall be paid into the state treasury to the credit of the interest and sinking fund, and shall be applied to the payment of the interest as herein provided; provided, that all the moneys remaining in the tate treasury to the credit of said interest and sinking fund on the third day of January of each year, after the interest on such bonds so held in trust has been paid, shall be transferred by the treasurer of state, on the order of the controller of state, to the general fund.

SEC. 5. It shall be the duty of the state treasurer to pay the interest on said bonds so held in trust when the same falls due, out of said interest and sinking fund; provided, that the controller of state shall first draw his warrant on the treasury, pavable to the order of said state treasurer, for the amount of interest money about to become due, which said warrant shall be drawn at least one month previous to the maturing of the interest.

SEC. 6. The act of the legislature of the state of California, approved March fourth, one thousand eight hundred and

$1487

POLITICAL CODE.

eighty-one, entitled "An act to appropriate money to reimburse the University of California for moneys heretofore appropriated to the endowment fund thereof, which moneys have by mistake been withheld therefrom and appropriated to other state purposes," is hereby repealed.

SEC. 7. There is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated the sum of sixty-eight thousand three hundred and twenty-five dollars, to pay the interest on said outstanding bonds so held in trust, from January first to July first, one thousand eight hundred and ninety-three. It shall be the duty of the state treasurer to pay the interest on said bonds when the same falls due, out of the moneys hereby appropriated; provided, that the controller of state shall first draw his warrant on the state treasury, payable to the order of said state treasurer, for the amount of interest money about to become due, which said warrant shall be drawn at least one month previous to the maturing of the interest.

SEC. 8. This act shall take effect from and after its passage. 1487. An act to provide for the erection of additional buildings for the use of the state normal school at San José, California, and making an appropriation therefor.

[Approved April 6, 1891; Stats. 1891, p. 497.]

SECTION 1. The sum of thirty-seven thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be expended for the erection of additional buildings, for furnishing the same, for the use and occupation of the pupils attending the state normal school at San José, of which sum not more than five thousand dollars shall be used for furnishing said buildings.

SEC. 2. The state controller is hereby authorized and directed to draw his warrants in favor of the board of trustees of said state normal school for the money herein appropriated, and the state treasurer is hereby directed to pay said war

rants.

SEC. 3. All bills for materials for such additional buildings, and for furnishing the same, shall be first audited by the board of trustees of said normal school, and approved by the state board of examiners, before being paid.

SEC. 4. This act shall take effect immediately.

An act appropriating the sum of three thousand five hundred dollars for completing and furnishing the training department building of the state normal school at San José, California.

[Approved February 27, 1893; Stats. 1893, p. 48.]

SECTION 1. The sum of three thousand five hundred dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be expended by the board of trustees of the state normal school at San José, California, in completing and furnishing the training department building of said normal school, for the use and convenience of the stu dents occupying the same.