is held; and for the purchase of books for a library for the use of the teachers of the county. At least fifty per cent of the teachers' institute and library fund shall be expended for books. The county superintendent shall take charge of the teachers' library, prepare a catalogue of its contents, and keep a correct record of books taken there. from and returned thereto. [Amendment approved March 23, 1893; Stats. 1893, p. 244; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 156.

1575. School district is a public corporation: 93 Cal. 414.

1576. School districts. Every city or incorporated town, unless subdivided by the legislative authority thereof, shall constitute a separate school district, which shall be governed by the board of education or board of school trustees of such city or incorporated town; provided, that whenever a city or town shall be incorporated the board of supervisors of the county may annex thereto, for school purposes only, the remainder, or any part of the remainder, of the district or districts from which such city or incorporated town was organized, whenever a majority of the heads of families residing therein, as shown by the last preceding school census, shall petition for such annexation; and provided further, that the board of supervisors may include more territory than the remainder of the district or districts from which the city or incorporated town was organized, whenever a petition for such purpose is presented to them, signed by a majority of the heads of families, as shown by the last preceding school census, residing in such additional territory. When said remainder or part thereof, or said additional outside territory, has been annexed to said city or incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be determined by the legislative authority of said city or incorporated town, the qualified electors of which shall vote only for the board of education, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters

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connected with the school department thereof, for the annual levying and collecting of the property tax for the school funds of said city or incorporated town; and for all purposes specified in sections one thousand eight hundred and eighty to one thousand eight hundred and eightyeight of this code, inclusive. [Amendment approved March 28, 1893; Stats. 1893, p. 245; in effect immediately.]

This section was also amended at the session of 1891: Stats. As then amended, it read as follows:1891, p. 157. Every county, city, or incorporated town, unless subdivided by the legislative authority thereof, forms a school district; provided, that whenever a city or town shall be incorporated, the board of supervisors may, upon petition, annex thereto, for school purposes only, the remainder of the district or districts from which said city or town was organized, or any part thereof; and provided further, that whenever any territory shall be annexed to a city or an incorporated town for school purposes, the board of education or of school trustees of said city or incorporated town shall have full control, for school purposes only, of the territory or property so annexed.

City as a school district: 97 Cal. 429.

First. No new

1577. How districts may be formed. school district shall be formed at any other time than be tween the first day of December and the fifth day of April, nor at that time unless the parents or guardians of at least fifteen census children, residents of such proposed new district, and residing at a greater distance than two miles by a traveled road from the public school-house in the district in which said parents or guardians reside, present a petition to the superintendent of schools, setting forth the boundaries of the new district asked for; provided, that the provision requiring that the petitioners shall reside a distance of more than two miles by a trav eled road from the said public school-house may be dispensed with when the petition shall be signed by the parents or guardians of fifty or more census children residents of a district containing more than three hundred census children.

Second. The boundaries of a school district, except as provided in section one thousand five hundred and fiftyone of the Political Code, shall be changed only between the first day of January and the fifth day of April in any year, and then only when at least ten heads of families

residing in the districts affected by the proposed change of boundaries shall present to the superintendent of schools a petition setting forth the changes of boundaries desired, and the reasons for the same; provided, that two or more districts lying contiguous may, at any time, be united to constitute but one district, whenever a petition signed by a majority of the heads of families residing in each of said districts shall be presented to the superintendent of schools.

Third. Joint districts - that is, districts lying partly in one county and partly in another may be formed at any time between the first day of December and the fifth day of April in any year, whenever a petition signed by the parents or guardians of at least fifteen census children, residents of such proposed joint district, and residing at a greater distance than two miles by a traveled road from any public school-house, shall be presented to the superintendent of each county affected by the proposed formation of the joint district; and provided further, that the provision requiring that the petitioners shall reside a distance of more than two miles by a traveled road from any public school-house may be dispensed with when the petition shall be signed by the parents or guardians of fifty or more census children residents of districts any one of which contains more than three hundred census children. All the provisions relative to the formation of joint districts shall be by concurrent action of the superintendent and the board of supervisors of each county affected.

Fourth. The children residing in any newly formed district, in any district whose boundaries have been changed, or in any joint district, shall be permitted to attend the school in the district or districts from which the newly formed district was constituted until the first day of July next succeeding the formation or change.

Fifth. Whenever a district shall be united with a municipality, or with another district, all funds belonging to said district shall be transferred by requisition of the superintendent of the county upon the county auditor, to the municipality or district with which said district is united. [Amendment approved March 23, 1893; Stats. 1893, p. 245; in effect immediately.]

Change of boundaries: 93 Cal. 414.

1580. Change of boundaries, property rights on: 93 Cal. 414.

1581. When school opens. After the making of an order by the board of supervisors creating a new district, the school must be opened therein not later than the second Monday of September in the year in which the order was made; otherwise said order shall be null and void. [Amendment approved March 23, 1893; Stats. 1893, p. 246; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 157. As then amended, it read as follows:

Unless within six months after the making of an order creating a new school district, school is opened therein, the order shall cease to have effect.

1583. Apportion moneys when district lies in two counties. Whenever a district lies partly in one county and partly in another, the county superintendent must apportion to such district such proportion of the school money to which such district is entitled as the number of school census children residing in that portion of the district situated in his county bears to the whole number of school census children in the whole district. The text-books to be used and the rules governing the school in such district shall be those adopted by the board of education of the county in which the school-house in said joint district is located. The trustees and teachers of joint districts shall make to the superintendents of each county in which the district is located the reports which other trustees and teachers are required to make, and also the number of pupils attending the school from each county. The teacher in such joint district shall not be required to hold a certificate in both counties. [Amendment approved March 23, 1893; Stats. 1893, p. 246; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 157.

1593. Election of trustees. An election for school trustees must be held in each school district on the first Friday of June of each year, at the district school-house, if there is one, and if there is none, at the place to be designated by the board of trustees.

1. The number of school trustees for any school district, except where city boards are otherwise authorized by law, shall be three. No person shall be deemed ineligible to the office of trustee on account of sex.

2. In new school districts, the school trustees shall be elected on the first Friday of June subsequent to the formation of the district, to hold office for one, two, and three years, respectively, from the first day of July next succeeding their election.

3. When a vacancy occurs from any of the causes specified in section nine hundred and ninety-six of this code, the superintendent shall appoint a suitable person to fill such vacancy, until the first day of July next succeeding the appointment, and a party shall be elected at the next June election, to hold office for the remainder of the term. 4. Except as provided in subdivisions two and three of this section, one trustee shall be elected annually, to hold office for three years, or until his successor shall be elected and qualified. [Amendment approved March 23, 1893; Stats. 1893, p. 247, in effect immediately.]

Special act inconsistent with the general law defining powers and duties of the board of education of Nevada school district, validity: 88 Cal. 372.

1596. Trustees to appoint inspector and judges. Trustees must appoint one inspector and two judges of election; if none are so appointed, or if those appointed are not present at the time for opening the polls, the electors present may appoint them, and they shall conduct the election. [Amendment approved March 23, 1893; Stats. 1893, p. 247; in effect immediately ]

This section was also amended at the session of 1891: Stats. 1891, p. 157.

1599. Ballots, and manner of voting. The voting must be by ballot (without reference to the general election law in regard to nominations, form of ballot, or manner of vot ing), which shall be handed by the elector voting to the inspector, who shall then, in his presence, deposit the same in the ballot-box, and the judges shall enter the elector's name on the poll list. [Amendment approved March 23, 1893, Stats. 1893, p. 247; in effect immediately.]

This section was amended at the session of 1891 (Stats. 1891, p. 157), as follows.