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County superin

report annually.

tory within such joint union high school districts, and in such reports the statistics of attendance and other data for each county separately and collectively shall be given.

SEC. 7. The county superintendent of every county, or city tendent to and county, wherein is located a high school, or the building or buildings of a joint union high school, shall annually, at the time required for making reports of primary and grammar schools, make report under oath to the superintendent of public instruction, showing the number of pupils enrolled, average daily attendance, number of teachers regularly employed, and such other information regarding the high schools of his county, or city and county, as he may deem proper, or as may be required by the superintendent of public instruction; said report to be made upon blanks furnished by the superintendent of public instruction.

Requisi

tions against fund.

Conditions of state

aid.

SEC. 8. It shall be the duty of the county or city and county superintendent of schools of every county, or city and county, wherein is located a high school, or the building or buildings of a joint union high school, on the order of the board of trustees of such high school, to draw his requisition upon the county auditor against the funds of such high school, 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 high school trustees or board of education against the state high school fund, except for teachers' salaries, and the order shall state the monthly salary of the teacher, and name the month or months for which such salary is due. Upon the receipt of such requisition the auditor shall draw hist warrant upon the county treasurer in favor of the parties for the amount stated in such requisition, and the county treasurer is hereby authorized to pay the same.

SEC. 9. High schools organized under the present law for the establishment of high schools and receiving state aid under this act shall within one year after first beginning to receive such state aid provide at least one course of study such as will prepare pupils for admission to one of the colleges of the University of California, and for that purpose said high schools shall be subject to inspection by a duly accredited representative of said university. High schools eligible to receive state aid as herein provided shall admit as students only such pupils as have completed the full course of instruction prescribed for the primary and grammar schools of the county or city and county wherein the high school is located, or an equivalent course, or such pupils as may show by thorough examination that their qualifications are equivalent to the requirements for graduation from said primary and grammar school course; provided, that pupils otherwise qualified to enter a high school and residing in territory wherein no high school exists shall have the right to attend any high school that receives state aid under the provisions of this act without the payment of tuition fee, if such schools have room or accommodations for them.

troller,

SEC. 10. The state controller must keep a separate account State conof the high school fund raised as provided in sections one and duty of. two of this act. He must on the first Monday in January and on the first Monday in July in every year report to the superintendent of public instruction a statement of all moneys belonging to the state high school fund. He must draw his warrant on the state treasurer in favor of any county or city and county treasurer whenever such treasurer presents, with his endorsement, an order drawn by the superintendent of public instruction against the state high school fund, and the state treasurer is hereby authorized to pay the same; provided, that in the case of counties having joint union high school districts the order of the superintendent of public instruction and the warrant of the state controller shall be in favor of the county treasurer of that county wherein the high school building or buildings are located or wherein the high school is being conducted.

county

SEC. 11. It is hereby made the duty of the treasurer of every Duty of county, or city and county, that receives state money under treasurers. the provisions of this act to place the same to the credit of the funds of the respective high schools of his county, or city and county, in accord with the apportionment made by the superintendent of public instruction, and to pay out the same according to the provisions of section eight of this act.

SEC. 12. This act shall take effect and be in force from and after its passage.

CHAPTER LXI.

An act to amend section 3443 of the Political Code of the State of California, relating to the purchase of swamp and overflowed, or tide lands, of the State of California.

[Approved March 2, 1903.]

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

SECTION 1. Section thirty-four hundred and forty-three of the Political Code of the State of California is hereby amended so as to read as follows:

tion for

etc., lands.

3443. Any person desiring to purchase swamp and over- Applica flowed, or tide lands, above low tide, must make an affidavit purchase and file the same in the office of the surveyor-general of the of swamp. state, that he is a citizen of the United States, or has filed his intention to become so; a resident of the state, of lawful age; that he desires to purchase lands (describing them) under the law providing for the sale of swamp and overflowed and tide lands; that he does not know of any valid claim to the same, other than his own; and, if the land is swamp and overflowed, that he knows the land applied for and the exterior bounds thereof, and knows, of his own knowledge, that there are

no settlers thereon; or, if there are, that the land has been segregated more than six months by authority of the United States, and that the land which he now owns (swamp and overflowed), together with that sought to be purchased, does not exceed six hundred and forty acres. Any false statement False state- contained in the affidavit defeats the right of the applicant to

ment a

felony.

Prior

rights, how determined.

Jurisdiction of court.

purchase the land, or to receive any evidence of title thereto, and if willfully false, subjects him also to punishment for perjury. If at any time after such affidavit shall have been filed in the office of the surveyor-general, and prior to the issuance of patent for the lands described therein, whether such affidavit shall have been filed before the passage of this act or thereafter, it shall be made to appear to the surveyor-general by the affidavit of any settler or person occupying such land for farming purposes, that he, or those under whom he claims, have been in the possession and occupancy of such lands, or any part thereof, for farming purposes, for over ten years next prior to the date of the filing of the affidavit of the person desiring to purchase, and that his or their occupancy was open and notorious and was evidenced by actual enclosure, or by ditches, or monuments, or embankments, or levees, showing the actual extent thereof, and that he, or they under whom he claims, had, at the time of the filing of said affidavit by the person desiring to purchase, actually reclaimed such land and reduced the same to a state of cultivation, and had been farming and cultivating the same; or if it shall appear from such affidavit filed by such person, that the affidavit filed by the person desiring to purchase the land is false in any of the statements made therein, the surveyor-general shall make an order referring the questions raised by such affidavits to the superior court of the county in which the land, or some part thereof, is situated. Within thirty days from the date of such order of reference, the party filing the affidavit raising such questions shall commence, in said court, an action to determine the same. In his complaint in said action he shall set forth copies of the affidavit filed by the person desiring to purchase said land, and of the affidavit filed by himself with the surveyor-general. The production of certified copy of such order of reference shall give such court full and complete jurisdiction to hear and determine the action. Pending the final judgment in such action, all proceedings in the surveyor-general's office respecting such lands shall be stayed. If upon the trial of such action it shall appear that the statements made in the affidavit filed by the person desiring to purchase the land were, in any of the statements. made therein, false, or if it shall appear that the statements made in the affidavit filed by the settler or occupant of such land are true, the approval of location or certificate of purchase, if any shall have been made or issued, shall be canceled by judgment of said court. But if it shall appear upon the trial of said action that the statements contained within the affidavit of the person desiring to purchase the land are true, and that the statements made in the affidavit of the settler or occupant are untrue, the said court shall enter its

judgment accordingly. Upon the filing with the surveyor- Duty of general of a copy of the final judgment of the court in said general. action, that officer must, if the judgment of said court shall cancel such location or certificate of purchase, enter an order of cancellation accordingly. But if by said judgment it shall be decreed that the person desiring to purchase said land is entitled to purchase the same, the surveyor-general shall approve the location, or issue the certificate of purchase or other evidence of title, in accordance with such judgment.

SEC. 2. This act shall take effect and be in force from and after its passage.

CHAPTER LXII.

An act to amend section fifty-seven of the Code of Civil Procedure, relating to appeals to the supreme court.

[Approved March 2, 1903.]

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

SECTION 1. Section fifty-seven of the Code of Civil Procedure is hereby amended so as to read as follows:

57. Appeals in probate proceedings and contested election Preference of appealed cases shall be given preference in hearing in the supreme cases. court, and be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties.

CHAPTER LXIII.

An act to amend section 14 of an act entitled "An act for the more effectual prevention of cruelty to animals," approved March 20, 1874, and amended March 13, 1901, in relation to cruelty to animals, and the arrest, trial, and punishment of offenders against the provision of said act, and prescribing the duties of societies organized in accordance with the provisions of said act, and a manner in which said societies may receive compensation for the performance thereof.

[Approved March 2, 1903.]

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

SECTION 1. Section fourteen of an act entitled "An act for the more effectual prevention of cruelty to animals," approved March twentieth, eighteen hundred and seventy-four, and

Duty of societies

tion of cruelty to animals.

amended March thirteenth, one thousand nine hundred and one, is hereby amended so as to read as follows:

Section 14. It shall be the duty of the society first organized for preven- and incorporated as herein provided, in each city and county, or county, to actively engage in enforcing the provisions of this act, and arresting and prosecuting offenders thereunder, and in preventing cruelty to animals. Every person convicted of any misdemeanor under this act, shall be punished as in law provided for the punishment of misdemeanors, and all fines and forfeitures imposed and collected in any county, or city and county, under the provisions of this act, shall inure to the society in said county, or city and county, organized and incorporated as herein provided, in aid of the benevolent object for which it is incorporated, and in addition to said fines, the said society so organized and incorporated, may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions. of this act, or arresting, or prosecuting offenders thereunder, or preventing cruelty to animals, be paid, as compensation Compensa- therefor, from the county, or city and county, general fund county by the board of supervisors, a sum not to exceed one hundred and fifty dollars per month, in the same manner as other claims against said county, or city and county, are paid.

tion, a

charge.

SEC. 2. This act shall take effect and be in force from and after its passage.

Powers of supervisors respecting

roads.

CHAPTER LXIV.

An act to amend section twenty-six hundred and forty-three of the Political Code, relating to duties of supervisors respecting roads.

[Approved March 2, 1903.]

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

SECTION 1. Section twenty-six hundred and forty-three of the Political Code is hereby amended to read as follows:

2643. The boards of supervisors of the several counties of the state shall have general supervision over the roads within their respective counties. They must by proper order:

1. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary to public convenience, as in this chapter provided.

2. Cause to be recorded as highways all highways which have become such by usage, dedication or abandonment to the public, or by any other means provided by law, and to prepare and record proper deeds and titles thereto.

3. Abolish or abandon such as are not necessary.

4. Acquire the right of way over private property for the use of public highways, and for that purpose require the district attorney to institute proceedings, under title seven,

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