may employ well-qualified persons to assist them; provided, that in revising said readers the board may cause them to be issued in a series of five books or less, in their discretion; and the board shall furnish to the superintendent of state printing designs for all cuts and engravings to be used in the books revised and compiled under the provisions of this section.

SEC. 2. All indeotedness incurred by said board in carrying out the provisions of section one of this act shall be paid out of the money accumulated in the state school book fund from the sale of the state series of school text-books; provided, that all demands on account of such indebtedness shall first be approved by said state board of education, and presented to the state board of examiners, in itemized form, for their approval, and upon the approval thereof by the state board of examiners the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same; provided further, that the indebtedness incurred by said board in carrying out the provisions of section one of this act shall not exceed the sum of twenty-five thousand dollars ($25,000), which sum is hereby appropriated from the state school book fund for the use of the said board in the premises.

SEC. 3. The state board of education shall secure copyrights to all the books that shall be revised or compiled, as the case may be, under the provisions of this act, and shall protect said copyrights from all infringement.

SEC. 4. Whenever any one or more of the state series of school text-books shall have been revised or compiled, the state board of education shall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expiration of at least one year from the time of the completion of the electrotype plates of said book or books. Nothing in this act shall be construed to prevent any county, city, city and county, or school district from using any one or more of the state series of school textbooks provided for in this act, whenever said book or books shall have been published.

SEC. 5. The printing and binding of all text-books specified in section one of this act, and all the mechanical work connected therewith, shall be done by and under the supervision of the superintendent of state printing, at the state printingoffice; provided, that the purchase of paper for the school books, and the binder's boards, cloths, and leather for covers, shall be procured by advertising for proposals to furnish the same, in the manner now provided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office.

SEC. 6. Whenever the appropriations heretofore made from the general fund to the use of the superintendent of state printing for the manufacture of books of the state series of school text-books is exhausted, all indebtedness incurred for the further manufacture of said books shall be paid from the state school book fund, together with all indebtedness incurred

for the purchase and proper maintenance of such necessary machinery as may be required in the manufacture of said books, and to purchase such type and other materials as may be required for the same; provided, that all demands on the state school book fund, for the purposes enumerated in this section, shall be presented to the state board of examiners, in itemized form, for their approval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same.

SEC. 7. This act shall take effect immediately.

1532. Duty of superintendent of public instruction. It is the duty of the superintendent of public instruction,— First. To superintend the schools of this state.

Second. To report to the governor, on or before the fifteenth day of September preceding each regular session of the legislature, a statement of the condition of the state normal schools and other educational institutions supported by the state, and of the public schools.

Third. To accompany his report with tabular statements, showing the number of school children in the state; the number attending public school, and the average attendance; the number attending private schools, and the number not attending schools; the amount of state school fund apportioned, and the sources from which derived; the amount raised by county and district taxes, or from other sources of revenue, for school purposes; and the amount expended for salaries of teachers, for building school-houses, for district school libraries, and for incidental expenses.

Fourth. To apportion the state school fund; and to furnish an abstract of such apportionment to the state controller, the state board of examiners, and to the county auditors, county treasurers, and county superintendents of the several counties of the state.

Fifth. To draw his order on the controller in favor of each county treasurer, for school moneys apportioned to the county.

Sixth. To prepare, have printed, and furnish all officers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' certificates to be used by county boards of education.

Seventh. To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each.

Eighth. To visit the several orphan asylums to which state appropriations are made, and examine into the course of instruction therein.

Ninth. To visit the schools in different counties, and inquire into their condition; and the actual traveling expenses thus incurred (promded, that they do not exceed fifteen hundred dollars per annum) shall be allowed, audited, and paid out of the general fund in the same manner as other claims are audited and paid.

Tenth. To authenticate with his official seal all drafts or orders drawn by him, and all papers and writings issued from his office.

Eleventh. To have bound, at the state bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him.

Twelfth. To report to the controller, on or before the tenth day of July of each year, the total number of children in the state between the ages of five and seventeen years, as shown by the latest reports of the county superintendents on file in his office.

Thirteenth. To deliver over, at the expiration of his term of office, on demand, to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his office. [Amendment approved March 23, 1893; Stats. 1893, p. 239; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 152.

1533. Power to call convention of superintendents. He shall have power to call, biennially, a convention of the county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the laws relating thereto, and such other subjects affecting the welfare and interest of the public schools as shall properly be brought before it. It is hereby made the duty of all county and city superintendents to attend and take part in the pro

ceedings of such convention when it is called. The actual expenses of the county superintendents attending the convention shall be allowed by the board of supervisors, and paid out of the same fund as the salary of the county superintendents is paid; the actual expenses of the city superintendents attending the convention shall be allowed and paid out of the same fund as the salary of such city superintendents is paid. [Amendment approved March 23, 1893; Stats. 1893, p. 240; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 153. As then amended, it read as follows:

The superintendent of public instruction must report to the controller, on or before the tenth day of August of each year, the total number of children in the state between the ages of five and seventeen years, as shown by the latest reports of the county superintendents on file in this office.

1543. Duty of county superintendent. It is the duty of the county superintendent of each county,

First. To superintend the schools of his county.

Second. 1. To apportion the school moneys to each school district, as provided in section one thousand eight hundred and fifty-eight of this code, at least four times a year. For this purpose he may require of the county au ditor a report of the amount of all school moneys on hand to the credit of the several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such report when so required; and whenever an excess of money has accumulated to the credit of a school district by reason of a large census roll and a small attendance, beyond a reasonable amount necessary to inaintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of the unapportioned school funds of the county, and shall apportion the same as other school funds are apportioned.

2. If in any school district there has been an average daily attendance of only five, or a number of pupils less than five, during the whole school year, the superintend ent shall at once suspend the district, and report the fact to the board of supervisors at their next meeting. The board of supervisors, upon receiving such report from the superintendent, shall declare the district lapsed, and shall

attach the territory thereof to one or more of the adjoining school districts in such manner as may by them be deemed most convenient for the residents of said lapsed district.

3. When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the property thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the superintendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in payment thereof. Any balance of moneys remaining to the credit of said lapsed district shall be transferred by the superintendent to the unapportioned school funds of the county, and shall be apportioned as other school funds are apportioned. Should there not be sufficient funds to the credit of the lapsed district to liquidate all of the outstanding indebtedness thereof, the superintendent shall draw his requistion upon the county auditor pro rata for the several claims.

Third. 1. On the order of the board of school trustees, to draw his requisition upon the county auditor for all necessary expenses against the school fund of any district, or of any city or town which has not a board of education. The requisitions must be drawn in the order in which the orders therefor are filed in his office. Each requisition must specify the purpose for which it is drawn; but no requisition shall be drawn unless the money is in the fund to pay it; and no requisition shall be drawn upon the order of the board of school trustees against the funds of any district, except for teachers' salaries, unless such order is accompanied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisition for teachers' salaries be drawn unless the order shall state the monthly salary of the teacher, and name the months for which such salary is due. Upon the receipt of such requisition, the auditor shall draw his warrant upon the county treasurer in favor of the parties for the amount stated in such requisition.

2. On the order of the board of education of any city having a board of education, the county superintendent