When no paper in city, no

tices may be posted.

Proof of publication and posting.

Act of 1889 not affected.

Alterna

of proceedings.

streets or the improvement thereof, in any city. In any city where there is no street superintendent, the city council is hereby authorized to appoint a suitable person to discharge the duties of street superintendent, as provided in this act, and all the provisions hereof applicable to the street superintendent shall apply to the person so appointed.

SEC. 34. In case there is no daily or weekly newspaper published and circulated in the city, then such notices and delinquent lists as are herein required to be published in a newspaper shall be posted in three of the most public places in such city, for the length of time required herein for the publication of the same in a weekly newspaper. No publication or notice other than that provided in this act shall be necessary to give validity to any proceedings had thereunder.

SEC. 35. Proof of publication of any notice required by this act shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the same, setting forth the facts regarding such posting. It shall be the duty of any officer who is required by this act to have any notice published or posted, to obtain and file in his office the affidavit or affidavits in proof thereof; provided that his failure so to do shall not affect the validity of any proceedings under this act. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting.

SEC. 36. This act shall in nowise affect an act entitled, "An act to provide for laying out, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose," approved March 6, 1889, or amendments thereto, or any other acts on the same subject, or apply to proceedings had thereunder, but it is intended to and does provide an alternate system of proceedings for making tive system the improvements provided for by this act; and it shall be within the discretion of the city council of any municipality to proceed in making such improvements, either under the provisions of this act, or under the provisions of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in said acts or any acts in conflict with the provisions hereof shall be void and of no effect as to the proceedings commenced under the provisions of this act. The election of the city council to proceed under the provisions of this act shall be expressed in its ordinance of intention to order the work done.

Act shall

construed.

SEC. 37. The provisions of this act shall be liberally conbe liberally strued to promote the objects thereof. This act may be designated and referred to as the "Street Opening Act of 1903," and shall take effect and be in force upon its passage and approval.

CHAPTER CCLXIX.

An act relating to weights and weighers for warehousemen and wharfingers, and matters connected therewith.

[Approved March 24, 1903.]

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

weighers

SECTION 1. All persons now engaged in or who may here- Oath of after engage in a general warehouse, wharfinger or storage busi- required. ness for the storage of grain or other commodities, which in the course of such business are weighed, shall before they engage in such business or within sixty days after the appointment of an inspector of weights as provided in section four of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so designated shall thereupon, and before they shall do any weighing for such business subscribe, before an officer authorized to administer oaths, the following oath, to wit:

"(I or we) designated as (weigher or weighers) will correctly weigh all grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from the same, and in all cases render to the person bringing or receiving the same, as the case may be, upon demand, a full, true and correct account of the weight thereof."

must be

SEC. 2. All persons engaged in the business in the foregoing Scales, section mentioned shall keep for and use in such business no true. other than true and correct scales and weights.

Said designation and said oath shall thereupon and within the time aforesaid, be recorded in the office of the recorder of the county in which such business is to be or is being carried on. No person, excepting the person or persons thus designated and subscribing and recording such oath shall do any of the weighing of such business.

must con

SEC. 3. Every person engaged in the business in said sec- Weights tion one mentioned shall keep and use therein none but true form to weights, and scales; said weights must conform to the United United States standard of weights.

States standard.

and meas

SEC. 4. The board of supervisors of the respective counties Appointof the State of California, hereby are authorized to appoint for inspector their respective counties an inspector of weights and measures, of weights who shall hold office at the pleasure of said board and receive ures. such compensation as each board may allow, and whose duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sections mentioned, and report all violations of this act to the district attorney of such county, whose duty it shall be to prosecute all violations hereof.

Penalty.

Recovery for shortage.

SEC. 5. Every violation of this act shall be and is punishable as a misdemeanor.

SEC. 6. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be entitled to recover from the person owning or conducting such business as in the foregoing sections mentioned, in any court of competent jurisdiction, three times the amount of such shortage in weight of the grain or other commodity so delivered or taken out by him.

Compulsory

Exceptions.

CHAPTER CCLXX.

An act to enforce the educational rights of children and providing penalties for violation of the act.

[Approved March 24, 1903.]

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

SECTION 1. Unless excused as hereinafter provided, each attendance parent, guardian, or other person, in the State of California, at school. having control or charge of any child between the ages of eight and fourteen years, shall be required to send such child to a public school, during each school year, for a period of at least five months of the time during which a public school shall be in session, in the city or city and county or school district in which said child resides, and at least eighteen weeks of such attendance shall be consecutive; provided, that should it be shown to the satisfaction of the board of education of the city or city and county, or of the board of trustees of the school district, in which such child resides, that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at school, or application to study, a certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board, or proof being given that the parents or parent are extremely poor or sick, and that the services of the child are actually needed to support such parents or parent; or that such child is being taught in a private school, or by a private tutor, or at home by any person capable of teaching, in such branches as are usually taught in the primary and grammar schools of this state; or that no public school is located within two miles, by the nearest traveled road, of the residence of the child; or that the child has completed the prescribed grammar school course; then it shall be the duty of such board of education or board of trustees, upon application of the parent, or guardian, or other person having the control or charge of such child, to excuse such child from attendance at school, during the continuance

of such defect or condition upon which such excuse is granted; and provided further, that circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm or other sufficient cause, shall work an exemption from the penalties of this act. If any parent or guardian or other Truants. person having control or charge of any such child presents proof to such board of education or board of trustees, by affidavit, that he is unable to compel such child to attend school, said parent, guardian or other person shall be exempt from the penalties of this act, as regards the subsequent non-attendance at school of such child, and said child may, in the discretion of such board, be deemed a truant and subject to assignment to the parental school.

comply

SEC. 2. Any parent, guardian, or other person having con- Penalty for trol or charge of any such child, who shall fail to comply with failure to the provisions of this act, shall, unless excused or exempted with act. therefrom as herein before provided, be deemed guilty of a misdemeanor, and upon conviction, shall be liable, for the first offense, to a fine of not more than ten dollars or to imprisonment for not more than five days, and for each subsequent offense he shall be liable to a fine of not less than ten nor more than fifty dollars, or to imprisonment for not less than five days nor more than twenty-five days, or to both such fine and imprisonment.

tion of

parents.

SEC. 3. The board of education of any city or city and Investigacounty, or the board of trustees of any school district, shall, on charges the complaint of any person, make full and impartial investi- against gation of all charges against parents or guardians, or other persons having control or charge of any such child, for violation of any of the provisions of this act. If it shall appear upon such investigation that any such parent or guardian or other person has violated any of the provisions of this act, it is hereby made the duty of the secretary of such board of education, except as hereinafter provided, or the clerk of such board of trustees, to make and file in the proper court a criminal Criminal complaint against such parent, guardian or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in cities, and cities and counties having an attendance officer or officers, such officer or officers shall, under the direction of the board of education, or the city superintendent of schools, make and file such complaint, and see that such charge is prosecuted by the proper authorities.

complaint.

ance

SEC. 4. The board of education of any city, or city and Attendcounty, may appoint and remove at pleasure one or more officers. attendance officers of such city, or city and county, and shall fix their compensation, not exceeding one thousand dollars per annum for any such officer, payable from the county or special school fund of such city or city and county, and shall prescribe their duties, not inconsistent with law, and make rules and regulations for the performance thereof; provided, that in any city, or city and county, containing less than twenty thousand school census children, not more than one attendance officer shall be

Duty of attendance officer.

appointed, and in any city, or city and county, containing more than twenty thousand school census children, not more than one attendance officer shall be appointed for each twenty thousand school census children, or fraction greater than one half thereof.

SEC. 5. It shall be the duty of the attendance officer to arrest during school hours, without warrant, any child between eight and fourteen years of age, found away from his home, and who has been reported to him by the teacher, the superintendent of schools, or other person connected with the school department as a truant from instruction upon which he is lawfully required to attend within the city, or city and county. He shall forthwith deliver the child so arrested either to the parent, guardian or other person having control or charge of such child, or to the teacher from whom said child is then a truant, or if such child shall have been declared an habitual truant, he shall bring such child before a magistrate for commitment by him to a parental school, as provided in this act. The attendance officer shall report promptly such arrest, and the disposition made by him of such child, to the school authorities of such city, or city and county. What con- Any child may be reported as a truant, in the meaning of this stitutes a act, who shall have been absent from school without valid excuse more than three days or tardy on more than three days, any absence for a part of a day being regarded as a tardiness. Any child who has once been reported as a truant and who is again absent from school, without valid excuse, one or more days, or tardy on one or more days, may again be reported as a truant. Any child may be deemed an habitual truant who shall have been reported as a truant three or more times. Any child who has once been declared an habitual truant and who, in a succeeding year, is reported as a truant from school one or more days or tardy on one or more days without valid excuse, may be again declared an habitual truant.

truant.

Habitual truant.

Schools for habitual truants.

Parental school.

Rules for government of parental schools.

SEC. 6. The board of education of any city, or city and county, may establish schools in a manner hereinafter prescribed, or set apart rooms in public school buildings for children between eight and fourteen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordinate or disorderly during their attendance upon such instruction, or irregular in such attendance. Such school or room shall be known as a parental school. A parental school, as herein designated and provided for, shall be one of the primary and grammar schools of the city, or city and county, and the teachers therein shall have the same qualifications and be employed and paid in the same manner as in other primary and grammar schools; but such parental school shall be established and maintained specially for the instruction therein of such pupils, between the ages of eight and fourteen years, as shall be committed thereto as provided in this act, and no pupil shall be committed to, or required to attend, such school, except as in this act provided. Said board of education may make such special rules and regulations for