intendent violating the provisions of this section shall be deemed guilty of a misdemeanor. tions of tendent. SEC. 55. No teacher shall be employed in any of the Qualificapublic schools of the city without having a certificate issued teachers and under the provisions of the general school law of the State Superinof California, and shall have given evidence of good moral character, ability, and fitness to teach; nor shall any person be employed as City Superintendent unless at the time of such employment he shall be possessed of the proper educational qualifications to discharge the duties of said office, as required by this Act and the State school law. report. SEC. 56. The City Superintendent shall report to the SuperinBoard of Education annually, and at such other times as tendent to they may be required, upon all matters pertaining to the progress of the schools since the last annual report; their condition at the time of making such report; the condition of the houses, lots, and furniture; the number of teachers employed and pupils taught in each of the primary, intermediate, grammar, and high schools; and the cost per pupil, including all ordinary expenses; the amount of the several expenditures for school purposes during the year, with such recommendations as he may deem proper; and he shall file with the City Clerk a true copy of such annual report. tendent. SEC. 57. It shall be the duty of the Superintendent to Duties of visit and examine each school with such frequency as the in Board of Education may direct; to cause to be observed such general rules for the regulation, government, and instruction of the schools as may be established by the Board of Education; to attend the sessions of the Board, and to inform them at each session of the condition of the public schools, school-houses, school funds, and other matters connected therewith; and to recommend such measures as he may deem necessary for the advancement of education in the city. He shall acquaint himself with all the laws, rules, and regulations governing the public schools in said city, and the judicial decisions thereon; and give advice on subjects connected with the public schools gratuitously to officers, teachers, pupils, and their parents and guardians; and shall do and perform such other duties as may be required of him by the Board of Education. how filled. SEC. 58. Any vacancy in the office of School Trustee shall Vacancies in be filled by appointment by the Board of Education, and Trustees, such appointees shall hold office respectively until the first Monday in July succeeding the election and qualification of their successors in office; but no such appointment shall be valid unless the appointee be, at the time of appointment, an elector in the ward wherein the vacancy occurred. SEC. 59. The school funds of Salinas City School District Disposition shall consist of all moneys received from the State School funds. Fund, and moneys received from a due apportionment of the County School Fund, and all moneys levied and collected for school purposes within said Salinas City School District, and of such other moneys as may from any source whatever be paid into said School Fund, which fund shall be kept separate and distinct from all other moneys, and of school Same. Same. Same. Claims against how paid. shall only be used for school purposes under the provisions of this Act. No fees or commissions shall be allowed or paid for keeping or disbursing any school moneys, and if at the expiration of the fiscal year any surplus remains in the School Fund, such surplus moneys shall be carried forward to the School Fund of the next fiscal year, and shall not be, for any purpose whatever, diverted or withdrawn from said fund, except under the provisions of this Act. SEC. 60. The School Fund shall be used and appropriated by the Board of Education for the following purposes, to wit: First-For the payment of the salaries or wages of teachers, janitors, School Census Marshals, and other persons who may be employed by said Board. Second-For making all necessary repairs, and supplying the schools with lights, fuel, water, apparatus, blank books, and necessary school appliances, together with books for indigent children. Third-For supplying books, printing, and stationery, fór the use of the Superintendent and Board of Education, and for the incidental expenses of the Board and department, and the insurance of school-houses. SEC. 61. All claims incurred by the Board of Education, School Fund, payable out of the School Fund, excepting the coupons for interest and school bonds which may hereafter be issued according to the provisions of this Act, shall be filed with the Clerk of the Board, and after they have been approved by a majority of all the members of said Board, they shall be signed by the President of the Board of Education, whose signature, indorsed on said claim, shall be a certificate of its approval by the Board. It shall then be the duty of the Clerk of said Board to issue warrants for the amount of said allowed and certified claims in favor of the claimant, which warrants shall be countersigned by said President. For teachers' salaries, warrants shall be issued monthly. Same. Treasurer to pay warrants. SEC. 62. Claims against the School Fund may be audited and approved in the usual manner, although there shall not at the time be money in the treasury for the payment of the same; provided, that no demand on said fund shall be paid out of or become a charge against the School Fund of any subsequent year; and further provided, that the entire expenditures of the school department, for all purposes, shall not, in any fiscal year, exceed the revenue for school purposes of the same year. SEC. 63. All demands authorized by this Act, when audited and approved and warrants issued thereon, as herein. prescribed, shall be presented to the City Treasurer for payment, and the Treasurer is hereby authorized and required to pay the same from the School Fund of the district, or if the funds of said Salinas City School District shall be in the hands of a bank depositary, as herein before provided for, said warrant thus drawn, signed, and countersigned by the City Treasurer, shall be paid by said bank depositary; provided, the Board of Education shall not have any power, and they are expressly prohibited from contracting any debt or liability, or incurring, in any form whatsoever, any debt against said Salinas City School District, in contravention of this Act. school lots. SEC. 64. All lots known as school lots within the corporate Disposal of limits of Salinas City, and lots or parcels of land heretofore belonging to Salinas City School District, or that may be hereafter purchased or otherwise acquired for school purposes, are hereby fully vested in the Mayor and Common Council of Salinas City, in trust for the use and benefit of the public schools of Salinas City School District, and the Mayor and Common Council are hereby authorized to sell, transfer, or exchange the same for other lots and lands, if in their opinion the interests of the public schools will be best secured by so doing, and no moneys received from such sale or exchange shall be diverted from the School Fund of said Salinas City School District. tendent to school SEC. 65. The School Superintendent of Monterey County, County as soon as he shall make an apportionment of any school tett fund or moneys to the several districts of said county, shall transfer immediately draw his warrant upon the County Treasurer moneys. of said county in favor of the City Treasurer of Salinas City for the amount of money said city is entitled to, and place his warrant in the hands of the City Treasurer, taking his duplicate receipt therefor, one of which he shall file with the City Clerk, and upon presentation, the Treasurer of Monterey County shall pay said warrant, which shall be indorsed by the City Treasurer. The City Treasurer shall immediately place the moneys so received to the credit of the several funds of Salinas City School District, as provided in this Act. SEC. 66. The City Treasurer, upon the receipt of any Apportionschool moneys, shall apportion the same in the following ment by manner: First-All moneys received from the State School Fund shall be placed to the credit of the State School Fund. Second-All moneys received from the County School Fund shall be placed to the credit of the County School Fund. Third-All moneys received from Salinas City School District, or otherwise, shall be placed to the credit of Salinas School District Fund. The State School Fund shall be used for no other purpose than the payment of teachers. City from what SEC. 67. It shall be the duty of the Clerk of the Board of Claims, naEducation to show in the minutes of said Board upon what ture of and fund each claim allowed against Salinas City School District fund paid. is ordered paid out of, and also the nature of the claim allowed. Road Dis SEC. 68. From and after the passage of this Act, Salinas Limits of City, to the extent of its corporate limits in the County of Salinas City Monterey, shall constitute one separate district for road pur- trict defined. poses, to be known as Salinas City Road District. District Road SEC. 69. All taxes, general and special, to be levied and Salinas City collected for road purposes under the laws of this State, or Fund, how that may be hereafter in force therein, shall constitute the constituted. Road Fund of the road district of Salinas City, and shall be laid out and expended by and under the direction and within the discretion of the Mayor and Common Council Assessment lists. of said city, in the construction and repair of bridges and culverts, and the improvement and repair of roads and streets within said district. SEC. 70. From and after the date of the passage of this Act, it shall be the duty of the officers of and within said county, charged with the assessment of property, and collections of all taxes, general and special, for road purposes, within said Salinas City, to keep a separate and distinct list or assessment of all property within the limits of said road district of Salinas City, and a separate account of all taxes, general and special, collected therein for road purposes, and the same shall be paid over to the County Treasurer of said county, by him to be kept separate, as the Road Fund of SaliCity Collect- nas City Road District; provided, that the City Collector of or to be Road Salinas City shall be Road Overseer of said road district for the collection of road poll-taxes, and shall collect the amount levied by the Board of Supervisors of Monterey County for road poll-taxes, in money only, and shall pay all moneys so collected to the City Treasurer and take his duplicate receipt therefor, one of which he shall deposit with the City Clerk; and any receipt of the Treasurer for said poll-taxes shall be a sufficient voucher to the City Collector for settlement with the Board of Supervisors of said county, and for such services the City Collector shall receive no other pay or compensation than shall be allowed by the Mayor and Common Council. Overseer. Auditor to draw warrants on Treasurer. pay same. SEC. 71. It shall be the duty of the County Auditor of said county, upon the receipt of the order of the Mayor and Common Council of Salinas City, certified by the City Clerk, to draw his warrant upon the County Treasurer of said county in favor of the City Treasurer of Salinas City for any sum not to exceed the amount in said fund belonging to said road district of Salinas City, which the said Mayor and Common Council may order paid, and it shall be the duty of said County Treasurer to pay out of said fund the amount of said warrant upon presentation. Treasurer to SEC. 72. It shall be the duty of the City Treasurer, upon receipt of moneys accruing to the road district of Salinas City under the provisions of this Act, to place the same to the credit of the Road Fund of said city, and to pay the same out upon warrants properly drawn upon said fund. Board of edness of school district. SEC. 73. The Board of Education of Salinas City are Bacation to hereby empowered and authorized to use any moneys belonging to Salinas City School District, which is now or may be in the hands of the Treasurer prior to the thirty-first day of March, A. D. eighteen hundred and seventy-seven (excepting the funds applicable only to the payment of teachers and Library Fund), to the paying off of any and all indebtedness now subsisting against said school district, whether contracted by the Board of Education of said district or the Mayor and Common Council of Salinas City. Additional powers of SEC. 74. The Mayor and Common Council shall have the Mayor and power of fixing the amount and mode of paying the compensation of all officers performing services for the city in collecting delinquent taxes. Common Council. SEC. 75. It shall be competent for the Mayor and Common Council to have the printing and publishing provided for in this Act done in any weekly or daily newspaper published in Salinas City. be exempt SEC. 76. The active members of the Salinas City Fire Firemen to Department shall be and are hereby exempt from the pay- from road ment of any road poll-tax which may be levied by the Board poll-tax. of Supervisors of Monterey County. SEC. 77. The fiscal year in and for Salinas City shall commence on the first day of April, each and every year, and end on the thirty-first day of March thereafter. SEC. 78. The style of enacting clause of all ordinances of Salinas City shall be: Be it ordained by the Mayor and Common Council of Salinas City as follows. SEC. 79. An Act entitled an Act to incorporate Salinas Act repealed. City, approved March fourth, eighteen hundred and seventyfour, and all Acts and portions of Acts of the Legislature of the State of California which conflict in any manner with this Act or any portion thereof, are hereby repealed; provided, that the ordinances and proceedings of the Mayor and Common Council and all city officers of Salinas City shall in no wise be affected by their repeal; and provided further, that all Acts done, ordinances passed, or proceedings had by the Mayor and Common Council and all officers of Salinas City Acts of are hereby validated, confirmed, and declared to be legal; Mayor and provided further, that all officers of Salinas City shall con- Council continue to hold office who are now holding office, notwith-firmed, etc. standing the passage of this Act, until their successors are duly elected and qualified, and regularly take office under the provisions of this Act, and shall discharge all the duties. incumbent upon said officers under the provisions of this Act; and provided further, that the assessment, equalization, and levy of taxes thereon for Salinas City, for the fiscal year, March thirty-first, eighteen hundred and seventy-six, are hereby declared valid and legal. SEC. 80. This Act shall take effect and be in force from and after its passage. Common CHAP. CXX.-An Act to amend an Act entitled an Act to incorporate the City of Visalia, and provide for public schools therein, approved February twenty-seventh, eighteen hundred and seventy-four. [Approved March 3, 1876.] The People of the State of California, represented in Senate and Common SECTION 1. Section seven of an Act entitled "An Act to Powers of incorporate the City of Visalia, and provide for public Council. schools therein," approved February twenty-seventh, eighteen hundred and seventy-four, is amended to read as follows: Section 7. The Common Council shall have power to levy |