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nished at the personal instance of the owner, and they shall have a lien for the value thereof.

SEC. 2. This act shall take effect immediately.

Admission of children to public schools.

Separate schools.

Kindergarten.

Deaf

children.

CHAPTER LXXVII.

An act to amend section 1662 of the Political Code of the State of California, relating to the admission of children in the public schools of this state.

[Approved March 5, 1903.]

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

SECTION 1. Section sixteen hundred and sixty-two of the Political Code is hereby amended to read as follows:

open

1662. Every school, unless otherwise provided by law, must be for the admission of all children between six and twenty-one years of age residing in the district, and the board. of school trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Mongolian or Chinese descent. When such separate schools are established, Indian, Chinese, or Mongolian children must not be admitted into any other school; provided, that in cities and towns in which the kindergarten has been adopted or may hereafter be adopted as part of the public primary schools, children may be admitted to such kindergarten classes at the age of four years; and provided further, that in cities or school districts in which separate classes have been or may hereafter be established, for the instruction of the deaf, children may be admitted to such classes at the age of three years.

SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 3. This act shall take effect immediately.

CHAPTER LXXVIII.

An act to amend an act entitled "An act to establish a Civil Code," approved March 21, 1872, by adding a new section thereto, to be numbered section 580, relating to banking incorporations.

[Approved March 5, 1903.]

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

SECTION 1. A new section is hereby added to the Civil Code to be numbered section 580 and to read as follows:

amount of

required.

580. No savings bank, or bank, or banking corporation, Banks, shall be incorporated in this state and conduct such banking capital business in a city or town of five thousand inhabitants or stock under with a capital stock of less than twenty-five thousand dollars, or in a city or town of over five thousand and not exceeding ten thousand inhabitants with a capital stock of less than fifty thousand dollars, or in a city or town of over ten thousand and not exceeding twenty-five thousand inhabitants with a capital stock of less than one hundred thousand dollars, or in a city or town of over twenty-five thousand inhabitants with a capital stock of less than two hundred thousand dollars. Before the secretary of state issues to any corporation that proposes to do a banking business his certificate of the filing of the articles of incorporation, there must be filed in his office the affidavit of the persons named in said articles as the first directors of the corporation, that all the capital stock has been actually and in good faith subscribed, and at least fifty per centum thereof paid, in lawful money of the United States, to a person in such affidavit named, for the benefit of the corporation. The remainder of the capital stock must be paid in within two years after said banking corporation receives its certificate of incorporation, and if not so paid said banking corporation shall not be authorized to do business; provided, however, that the provisions of this section shall not apply to corporations now in existence.

SEC. 2. This act shall take effect immediately.

Sale of unclaimed

CHAPTER LXXIX.

An act to amend section 3153 of the Political Code, relating to the sale of unclaimed property by carriers, commission merchants, innkeepers or warehousemen.

[Approved March 6, 1903.]

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

SECTION 1. Section 3153 of the Political Code is hereby amended so as to read as follows:

3153. If no person calls for the property within sixty property days from the receipt thereof, and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman may sell such property, or so much thereof as will pay freight and charges, to the highest bidder at public auction, having first caused such notice of sale to be given as is customary in sales of goods by auction at the place where said goods may be held or stored. If any surplus is left, after paying freight, storage, expenses of sale, and other reasonable charges, the same must be paid over to the owner of such property, upon demand being made therefor at any time within sixty days after the sale.

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

Supervision of street improvements.

CHAPTER LXXX.

An act to amend an act entitled "An act to provide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities," approved March 18th, 1885, relating to sewers.

[Approved March 6, 1903.]

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

SECTION 1. Section 35 of an act entitled an act to provide work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities, approved March 18th, 1885, is hereby amended so as to read as follows:

Section 35. The superintendent of streets in all cities having a population of fifty thousand or over shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and improvement of each and every sewer constructed or improved under the provisions of this act, and of piling and capping, sidewalks, or of the

tion.

paving of whatever character heretofore mentioned, in whole or in part, of one block or more, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom to report the same to the superintendent of streets. Such compensaperson shall be allowed for his time actually employed in the discharge of his duties such compensation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental/ expenses, within the meaning of those words as defined by

this act.

SEC. 2. This act shall take effect immediately from and after its passage.

CHAPTER LXXXI.

An act providing for the relief of J. H. Sawtell, directing the
board of trustees of the city of Chico to order paid to said J. H.
Sawtell, his assigns or legal representatives, the sum of one
thousand one hundred and thirty ($1,130.00) dollars, and inter-
est thereon, and to audit the demand therefor; and directing
the president of the said board of trustees of said city to issue
his warrant for said sum of money, and the city clerk of said
city to countersign said warrant; and the treasurer of said city
to pay
said warrant.

[Approved March 6, 1903.]

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

H. Sawtell.

SECTION 1. The board of trustees of the city of Chico is Relief of J. hereby authorized and directed to order paid to J. H. Sawtell, or his assigns or legal representatives, the sum of one thousand one hundred and thirty dollars, together with the interest thereon at the rate of seven per centum per annum, from the 7th day of January, nineteen hundred and two, in repayment to him for said sum of money paid by said J. H. Sawtell at said date into the school fund of the Chico school district in refunding to said school district money previously paid out of said school fund upon the orders of said board of trustees while holding the office of treasurer of the said city of Chico.

SEC. 2. The board of trustees of said city of Chico is authorized and directed to audit and order paid the demand for said sum of money, and said interest thereon, named in section one; and the president of the said board of trustees of said city of Chico is hereby directed to sign and issue his warrant in payment of said demand to said J. H. Sawtell, his assigns or legal representatives; and the city clerk of said city is hereby directed to countersign said warrant; and the treasurer of said city is hereby directed to pay said demand and warrant for said sum of money, upon presentation therefor. SEC. 3. This act shall take effect immediately.

Application for franchise.

Contents

of advertisement.

Franchise

to be sold

bidder.

CHAPTER LXXXII.

An act to amend an act entitled, "An act providing for the sale of street railroad and other franchises in municipalities and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts," which act became a law under the provisions of the constitution, without the governor's approval, March 11, 1901.

[Approved March 6, 1903.]

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

SECTION 1. Section two of an act entitled, "An act providing for the sale of street railroad and other franchises in municipalities, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts," which act became a law under the provisions of the constitution, without the governor's approval, March 11, 1901, is hereby amended so as to read as follows:

Section 2. An applicant for any franchise or privilege above mentioned shall file with the governing or legislative body of the municipality an application, and thereupon said governing body shall, in its discretion, advertise the fact of said application, together with a statement that it is proposed to grant the same, in one or more newspapers of the city and county, city or town wherein the said franchise or privilege is to be exercised. Said advertisement must state that bids will be received for such franchise, and that it will be awarded to the highest bidder, and the same must be published in such newspaper once a day for ten successive days, if it be a daily newspaper, and if there be no daily newspaper published in such city and county, city or town, then it shall be published in a weekly newspaper once a week for four successive weeks, and in either case the full publication must be completed not less than twenty nor more than thirty days before any further action can be taken thereon.

SEC. 2. Section five of said act is hereby amended so as to read as follows:

Section 5. Said advertisement shall also contain a stateto highest ment that the said franchise will be struck off, sold, and awarded to the person, firm or corporation who shall make the highest cash bid therefor; provided, only, that at the time of the opening of said bids any responsible person, firm or corporation present or represented may bid for said franchise or privilege a sum not less than ten per cent above the highest sealed bid therefor, and said bid so made may be raised not less than ten per cent by any other responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold, and awarded by said governing body to the highest bidder therefor in gold coin of the United States.

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