Page images
PDF
EPUB

CHAPTER LXXXIII.

An Act to amend an Act entitled "An Act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of the proceeds," approved March 23, 1893.

[Approved March 9, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

Section one of an Act entitled "An Act to estab- Tax on lish a tax on collateral inheritances, bequests, and devises, to inherit collateral provide for its collection, and to direct the disposition of the ances. proceeds," approved March twenty-third, eighteen hundred and ninety-three, is hereby amended so as to read as follows:

be taxed.

Section 1. After the passage of this Act, all property which what may shall pass, by will or by the intestate laws of this State, from any person who may die seized or possessed of the same while a resident of this State, or if such decedent was not a resident of this State at the time of death, which property, or any part thereof, shall be within this State, or any interest therein or income therefrom, which shall be transferred by deed, grant, sale, or gift, made in contemplation of the death of the grantor or bargainor, or intended to take effect in possession or enjoyment after such death, to any person or persons, or to any body politic or corporate, in trust or otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled, in possession or expectancy, to any property, or to the income thereof, other than to or for the use of his or her father, mother, husband, wife, lawful issue, brother, sister, and neice or nephew when a resident of this State, the wife or widow of a son, or the husband of a daughter, or any child or children adopted as such in conformity with the laws of the State of California, and any lineal descendant of such decedent born in lawful wedlock, or the societies, corporations, and institutions now exempted by law from taxation, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educational, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation, institution, or association of persons in trust for or to be devoted to any charitable, benevolent, educational, or public purpose, by reason whereof any such person or corporation shall become beneficially entitled, in possession or expectancy, to any such property, or tax. to the income thereof, shall be and is subject to a tax of five dollars on every hundred dollars of the market value of such property, and at a proportionate rate for any less amount, to be paid to the treasurer of the proper county, as hereinafter defined, for the use of the State; and all administrators, executors, and trustees shall be liable for any and all such taxes

Amount of

Estate less until the same shall have been paid, as hereinafter directed; than $500 provided, that an estate which may be valued at a less sum than five hundred dollars shall not be subject to such duty

exempted.

Exemp

tion.

or tax.

SEC. 2. The exemptions contained in this Act shall apply to all property which has passed, by will, succession, or transfer, since the approval of the Act of which this Act is amendatory, except in those cases where the tax has been paid to the treasurer of the proper county.

SEC. 3. This Act shall take effect immediately.

Absence of officers from State.

CHAPTER LXXXIV.

An Act to amend an Act entitled "An Act to establish a Political Code," approved March 12, 1872, by amending section eight hundred and fifty-three thereof, relating to absence of certain officers from the State.

[Approved March 9, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section eight hundred and fifty-three of an Act entitled "An Act to establish a Political Code," approved March twelfth, eighteen hundred and seventy-two, is hereby amended so as to read as follows:

853. No officer, state, county, or municipal, shall absent himself from the State for more than sixty days, unless upon business of the State, or with the consent of the Legislature; provided, that in the case of illness or other urgent necessity, the Governor in the case of state officers, the Board of Supervisors in the case of county officers, the City Council or other governing body of the municipality in the case of municipal officers, shall, upon a proper showing of such illness or necessity, extend the time herein limited for the absence of any such officer from the State.

SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAPTER LXXXV.

An Act to amend section sixteen hundred and seventy of the
Political Code of California.

[Approved March 9, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section sixteen hundred and seventy of the Political Code of California is hereby amended to read as follows:

school

may be es

1670. First-Any city, incorporated town, or school dis- High trict accredited by the last preceding school census with a school population of three hundred or more, may, by a majority tablished. vote of the qualified electors voting at the election held for the purpose of determining the establishment and maintenance of such high school, establish and maintain a high school at the expense of such city, incorporated town, or school district.

shall be

Second-Whenever a majority of the heads of families, as Election shown by the last preceding school census, in any city, incor- called. porated town, or school district accredited by the last preceding school census with a school population of three hundred or more, shall unite in a petition to the board of education or board of school trustees of said city, incorporated town, or school district, for the establishing and maintaining of a high school therein, said board of education or board of school trustees shall petition the County Superintendent of Schools to call an election in said city, incorporated town, or school district, for the determination of the question.

holding

Third-Within twenty days after receiving said petition from Time and said board of education or board of school trustees, the County manner of Superintendent of Schools shall call an election therein for the election. determination of the question, and shall appoint three qualified electors thereof to conduct said election. Said election shall be called by posting notice thereof in five of the most public places in said city, incorporated town, or school district, and by publication in a daily or weekly paper therein, if there be one, for not less than fifteen days. Said election shall be conducted in the manner prescribed for conducting school elections. The ballots at such elections shall contain the words "for high school," and the voter shall write or print after said words on his ballot the word "yes," or the word "no." It shall be the duty of said election officers to report the result of said election to the County Superintendent of Schools within ten days subsequent to the holding thereof.

high

Fourth-When a majority in each district, as shown by the last Union preceding school census, of the heads of families residing in two school or more contiguous school districts in the same county (pro- district. vided, that said districts are accredited by said school census with a school population of three hundred or more) shall unite in a petition to the County Superintendent of Schools for the estab

Duties of County Superintendent and Board

tion.

lishing and maintaining of a union high school district, he shall, within twenty days after receiving said petition, call an election for the determination of the question, and shall appoint three qualified electors in each of the districts petitioning to conduct the election therein. Said election shall be held separately and simultaneously at the public school-house in each of the districts petitioning, and shall be called by posting notices thereof in three of the most public places in each district, one of which places shall be the public school-house in each district, at least ten days before said election. Said election shall be conducted by the officers appointed for that purpose, in the manner provided by law for conducting school elections. The ballots at such election in each district shall contain the words "for the union high school," and the voter shall write or print after said words on his ballot the word "yes" or the word "no." It shall be the duty of the said election officers in each district to canvass the vote at said election, and report the result to the County Superintendent of Schools within five days subsequent to the holding of said election.

Fifth-If a majority of the votes cast in the election provided for in subdivision three of this section in said city, incorporated town, or school district shall be in favor of establishing and of Educa maintaining a high school therein, it shall be the duty of the County Superintendent to call a meeting of the board of education or board of school trustees of said city, incorporated town, or school district, within fifteen days after receiving the returns of the election held therein, by giving at least ten days' notice, in writing, to every member of said board of education or board of school trustees. The board of education or board of school trustees shall, at said meeting, determine the location and the name of the high school.

Same.

Location of

schoolhouse.

Sixth-If a majority of the votes cast in the districts petitioning for a union high school shall in the aggregate be in favor of establishing and maintaining a union high school therein, the County Superintendent shall, within fifteen days after receiving the returns of the election held therein, direct the board of school trustees in each of said districts to call a meeting of the qualified electors of their respective districts, in the manner provided in subdivision twenty of section sixteen hundred and seventeen of the Political Code. At said meeting the qualified electors shall in each district select one representative, whose powers and duties shall be as hereinafter specified. The representatives so chosen shall name the school and have power to make arrangements for the temporary location of the high school, and if satisfactory apartments or buildings in a suitable location are offered or can be procured for a consideration or at a rental which would make it advisable to accept the same, they shall have the power to secure or lease such apartments or building for a period not to exceed three years from the date of its acceptance. Should it be impossible to secure such apartments or buildings, or should such representatives deem it not advisable to select the same, or should they secure or lease the same, then at such time before their contract expires

as they may deem necessary, they shall notify the County Superintendent of Schools that they desire to meet to locate the school. Thereafter the representatives so chosen shall meet in conjunction with the County Superintendent of Schools, at a time and place to be named by the superintendent, for the purpose of determining the location of the union high school. At such meeting the superintendent shall be the chairman, and shall be entitled to vote and participate in all its proceedings. Should the above representatives fail to unanimously agree upon a location for the high school, they shall propose, in writing, to the County Superintendent then present, or if he is not present, they shall transmit to his office, within ten days the names of the locations which they favor. Within twenty days after receiving such notice the superintendent shall call an election as provided in subdivision fourth hereof, to determine the location of the high school. At such election only such sites as have been named by the representatives and certified to the County Superintendent shall be voted upon. Any form of ballot by which the voter signifies his choice of location shall be allowed. The result of said election shall be determined and certified to the County Superintendent, as provided in said subdivision fourth. The location which receives the largest number of votes shall be chosen as the location of the high school. No change of location of any high school, Change of when once established, shall be made except upon a petition to the County Superintendent of Schools, signed by two thirds of the heads of families of the high school district, and then only in accordance with all of the provisions for the original location of the school, as contained in subdivisions four and five of this section.

location.

school

Seventh-In any city, incorporated town, or school district High which shall have established a high school, the board of educa- board, tion or board of school trustees shall constitute the high school board, and shall have the management and control of said high school.

vision of

election of

Eighth-In union high school districts composed of more subdithan two school districts, the high school board shall be com- union disposed of one member elected from each district composing the tricts, and high school district at the time, and in the manner prescribed trustees. for the election of school trustees, except as otherwise provided in this Act. The superintendent (or superintendents by concurrent action in joint high school districts) shall, in union high school districts composed of three or more school districts, divide the districts composing the union high school district into three classes, as nearly equal in number of school districts as possible, to be designated by him as Class A, B, and C, respectively. At the first annual school election following the passage of this Act, the districts in Class A, as above divided and designated, shall each elect a high school trustee for one year; the districts in Class B shall each elect a high school trustee for two years; the districts in Class C shall each elect a high school trustee for three years. At each annual election thereafter, as terms of office expire, the high school trustees

« PreviousContinue »