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§ 6. Expenses. The actual and necessary expenses for making such registration shall be paid, subject to provisions of law, out of the county or special fund of the school district. In carrying out the provisions of this act, any board of school trustees may appoint any teacher or attendance officer employed by them to serve as registrar of minors, and pay such teachers for such additional service, subject to the provisions of this act. In districts employing an attendance officer, such attendance officer shall serve as registrar of minors without additional compensation.

АСТ 3632.

An act to provide for the acceptance by the state of California of the provisions of an act passed by the congress of the United States known as the "Sheppard-Towner" act, and entitled "An act for the promotion of the welfare and hygiene of maternity and infancy and for other purposes," approved November 23, 1921.

[Approved April 30, 1923. Stats. 1923, p. 132.]

§ 1. Sheppard-Towner maternity act accepted. § 2. Co-operation of bureau of child hygiene.

§ 3. Parent's control not limited.

§ 1. Sheppard-Towner maternity act accepted. The people of the state of California, do hereby through their legislative authority accept the provisions and benefits of an act of congress entitled "An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes," approved November 23, 1921. The bureau of child hygiene of the California state board of health is hereby empowered and directed to co-operate with the children's bureau in the administration of said act.

§ 2. Co-operation of bureau of child hygiene. It is hereby made the duty of the bureau of child hygiene of the California state board of health to formulate a plan of co-operation in accordance with the provisions of said act and provide that no official, or agent or representative in carrying out the provisions of this act shall enter any home or take charge of any child over the objection of the parents, or either of them, or the person standing in loco parentis or having custody of said child.

§3. Parent's control not limited. Nothing in this act shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agency or agencies to be employed for such purpose.

ACT 3633.

To prevent sale of intoxicating drinks to. [Stats. 1871-72, p. 231.] Superseded 1891, p. 91. See next act.

ACT 3634.

To prevent the sale of intoxicating liquors to. [Stats. 1891, p. 91.] Superseded by Act of 1903, p. 319. See next act.

ACT 3635.

To prevent the selling, giving or delivering intoxicating liquors to minor children, and to prevent minor children visiting saloons or public houses where intoxicating liquors are sold. [Approved March 20, 1903. Stats. 1903, p. 319.]

Codified by § 397b of Penal Code: See Penal Code, § 397b, note.

ACT 3636.

To protect female children under the age of seventeen. [Stats. 1860,

p. 86.]

This act prohibited the exhibition of female children under seventeen in any public place. Superseded by Penal Code, §3 272, 273.

ACT 3637.

For the protection of children, and to prevent and punish certain wrongs to children. [Stats. 1877-78, p. 812.]

Codified by § 607 of Civil and §§ 272, 273a-273d of Penal Code, 1905. See note to § 607, Civil Code, and note to § 272, Penal Code.

This act prevented minors under sixteen from entering saloons and prevented anyone from using children for purposes of beggary.

ACT 3638.

Relating to children. [Stats. 1877-78, p. 813.]

Codified by amendments to both the Civil and Penal Codes, 1905: See § 607 et seq., Civil Code, and § 272 et seq., Penal Code.

This act prevented the selling or apprenticing of children for im moral purposes.

ACT 3639.

For the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876. Stats. 1875–76, p. 830.]

Codified by § 607 et seq., Civil Code, and § 272 et seq., Penal Code.

АСТ 3640.

Relating to the care and custody of minor children in certain cases. [Stats. 1869-70, p. 328.]

Superseded by Civil Code, §§ 198, 199.

ACT 3641.

Orphan and abandoned children, care of. [Stats. 1873-74, p. 297.] Amended 1877-78, p. 82.

Codified by § 246, Civil Code, adopted 1905, and § 271a, Penal Code: See Penal Code, § 271a, note. See note to § 246, Civil Code.

This act provided for the publication of notices of children admitted to orphan asylums and inflicted a penalty for the abandonment of children.

TITLE 272.

ACT 3651.

INITIATIVE AND REFERENDUM.

An act to provide for direct legislation by cities and towns, including initiative and referendum.

[Approved January 2, 1912. Stats. Ex. Sess. 1911, p. 131.]

Amended 1915, p. 319; 1917, p. 655.

§ 1.

Manner of enacting ordinances.

§ 2.

§ 3.

Not applicable to chartered cities or to street proceedings.
Repeal of former law.

§ 1. Manner of enacting ordinances. Ordinances may be enacted by and for any incorporated city or town of the state in the manner following: Any proposed ordinance may be submitted to the legislative body of such city or town by a petition filed with the clerk of such legislative body after being signed by qualified electors of the city or town not less in number than the percentages hereinafter required.

Petition. Contents. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either, exist, and if no street or number the location to be readily ascertained.

Affidavit. Each such separate paper shall have attached thereto an affidavit made by a qualified elector of the city or town, and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant, each is the genuine signature of the person whose name purports to be thereunto subscribed, and of a qualified elector of the city or town.

Examination by clerk. Within ten days from the date of filing such petition, the clerk shall examine, and from the records of regis tration, ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination.

Supplementary petitions, when needed. If by the clerk's certifi cate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate by the filing of additional papers, duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like examination of the supplementing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action on the petition shall be mandatory on the legislative body; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same or similar effect.

Petition submitted to legislative body and proceedings by. If the petition shall be found to be sufficient, the clerk shall submit the same

to the legislative body at its next regular session. If the petition accompanying the proposed ordinance be signed by not less than fifteen per cent of the electors of such city or town, and contains a request that such ordinance be submitted forthwith to a vote of the people at a special election, then the legislative body shall either:

Ordinance passed. (a) Pass such ordinance without alteration at the regular session at which it is presented and within ten days after it is presented; or,

Special elections. (b) Forthwith, the legislative body shall proceed to call a special election at which such ordinance, without alteration, shall be submitted to a vote of the electors of the city or town.

Regular election. If the petition be signed by not less than ten per cent of the electors of such city or town, and the ordinance petitioned for is not required to be, or for any reason is not, submitted to the electors at a special election, and is not passed without change by said legislative body, then such ordinance, without alteration, shall be submitted by the legislative body to a vote of the electors at the next regular municipal election.

Ballots. The ballots used when voting upon said proposed ordinance shall have printed thereon the words "Shall the ordinance (stating the nature thereof) be adopted?" Opposite such proposition to be voted on, and to the right thereof, the words "Yes" and "No" shall be printed on separate lines, with voting squares. If an elector shall stamp a cross (X) in the voting square after the printed word “Yes,” his vote shall be counted in favor of the adoption of the ordinance, and if he shall stamp a cross (X) in the voting square after the printed word "No," his vote shall be counted against the adoption of the same.

Ordinance adopted. If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city or town, and be considered as adopted upon the date that the vote is canvassed and declared by the canvassing board, and go into effect ten days thereafter.

Force and effect of. Not to be repealed or amended without vote. Such ordinance shall have the same force and effect as one passed by the legislative body of the city or town, except that no ordinance proposed by petition as in this section provided, and thereafter passed by the vote of the legislative body of the city or town without submission to a vote of the people, or voted upon and adopted by the people, shall be repealed or amended, except by a vote of the people, unless provision otherwise be made in the ordinance itself.

Any number may be voted on at once. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this statute; provided, that there shall not be held under this statute more than one special election in any period of six months.

Argument for measure submitted by initiative petition. If any measure be submitted upon an initiative petition of registered voters, as herein before provided, the persons filing said petition shall have the right, if they so choose, to present and file therewith a written argu

§ 3. Repeal of former law. Sections 2 and 3 of the act approved March 14th, 1911, entitled "An act adding three new sections to an act entitled 'An act to provide for the organization, incorporation and government of municipal corporations,' approved March 13, 1883, to be numbered 10, 11 and 12 and relating to the government of municipal corporations and providing for the recall, initiative and referendum," are hereby repealed.

This act is constitutional: Hill v. Supervisors of Butte County, 176 Cal. 84, 167 Pac. 514.

АСТ 3661.

TITLE 273.

INSANE.

An act authorizing and directing the board of managers of the Agnews State Hospital to continue the work of replacing and reconstructing and re-equipping for the accommodation and treating of patients, buildings destroyed April 18, 1906, to appropriate the sum of two hundred fifteen thousand dollars therefor, to direct the manner of expenditure thereof, to remove restriction upon the per capita cost, and authorizing and directing the state controller to draw his warrant for the said sum, and the state treasurer to pay the same. [Approved March 25, 1909. Stats. 1909, p. 791.]

ACT 3662.

To provide an additional asylum for chronic insane. [Stats. 1885, p. 35.]

Amended 1889, p. 130. Superseded by the Lunacy Commission Act, 1897, p. 311. This act was probably superseded by §§ 2136-2199 of the Political Code. See note to Act 3685, post. The powers and duties of the board of directors of the Agnews State Hospital and the State Commission in Lunacy have been vested in the Department of Institutions: See Pol. Code, § 366c.

This act created the asylum at Agnews.

ACT 3663.

To provide for the erection of water towers and tanks on the grounds of the Agnews State Hospital. [Stats. 1901, p. 806.]

ACT 3664.

An act appropriating money for building and furnishing a cottage for female working patients at Agnews State Hospital. [Approved June 7, 1913. Stats. 1913, p. 857.]

ACT 3665.

To establish a branch insane asylum for the insane of the state of Cali fornia at Ukiah, to be known as the Mendocino State Insane Asylum, and appropriating money therefor. [Stats. 1889, p. 25.]

Superseded by the Lunacy Commission Act, 1897, p. 311. This act was probably superseded by §§ 2136-2199 of the Political Code. See note to Act 3685, post. The powers and duties of the directors of the Mendocino State Asylum and of the State Commission in Lunacy have been transferred to the Department of Institutions; See Pol. Code, § 366c.

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