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vacancy occur at any time in the county board of education, it shall be the duty of the board of supervisors to appoint a party to fill such vacancy.

office.

Fifth-The members of the county board of education, Oath of elected or appointed, shall qualify within ten days after receiving notice of their election or appointment.

tion.

Sixth-The county board of education shall organize on the Organizafirst meeting subsequent to the first day of July in each year, by electing one of their number president of the board. The county superintendent shall be ex officio secretary of the board. Seventh-For the transaction of business three members Quorum. shall constitute a quorum; but no teacher's certificate shall be issued, renewed, or revoked, nor shall any books or apparatus be adopted, except by an affirmative vote of at least three members of the board. On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board.

SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed.

CHAPTER CCLXII.

An act to amend the Civil Code of the State of California by amending section fourteen hundred and fifteen thereof, relating to the appropriation and the notice of appropriation of water.

[Approved March 21, 1903.]

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

SECTION 1. Section 1415 of the Civil Code is hereby amended so as to read as follows:

Notice of

appropria

1415. A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of tion of intended diversion, stating therein:

1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure;

2. The purposes for which he claims it, and the place of intended use;

3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it.

water; contents.

must be

A copy of the notice must, within ten days after it is posted, Notice be recorded in the office of the recorder of the county in which recorded. it is posted. After filing such copy for record, the place of intended diversion or the place of intended use or the means by which it is intended to divert the water, may be changed by the person posting said notice or his assigns, if others are not injured by such change. This provision applies to notices already filed as well as to notices hereafter filed.

SEC. 2. This act shall take effect immediately.

Collection of moneys due from judgment debtor; procedure.

CHAPTER CCLXIII.

An act to amend the Code of Civil Procedure of the State of California by adding a new section thereto, numbered seven hundred and ten, providing a procedure by which money or credits of a judgment debtor in the hands of the State of California or a public or municipal corporation or public officer may be obtained in satisfaction of judgment, and relating to the duty of courts upon the receipt of money received into court under such procedure.

[Approved March 21, 1903.]

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

SECTION 1. A new section numbered seven hundred and ten is hereby added to the Code of Civil Procedure of the State of California, which shall read as follows:

710. The duly authenticated transcript of a judgment, for money, against a defendant, rendered by any court of this state may be filed with the controller of the State of California or the auditor of any county, city and county, city, or other municipal or public corporation, from which money is owing to the judgment debtor in such action (and in case there be no auditor then with the official whose duty corresponds to that of auditor), whereupon it shall be the duty of any such official, or of such public officer with whom such transcript shall have been filed, to draw his warrant in favor of or to pay into the court from the docket of which the transcript was taken, so much of the money, if sufficient there be, over which such State of California, county, city and county, city, or other municipal or public corporation of which he is an official, or over which said public officer has control and custody and which belongs to or is owing to the judgment debtor in the cause designated in said transcript as will cancel said judgment; the money so paid into court shall be a discharge pro tanto of any amount so due or owing to such judgment debtor. For filing such a transcript any such official or public officer may charge a fee of fifty cents. Upon the receipt by any court of money under the provisions of this act so much thereof as is not exempt from execution shall be paid to the judgment creditor, the balance to the judgment debtor. Such transcript when so filed, shall be accompanied by an affidavit on behalf of the person in whose interest the same is filed, stating the exact amount at the time due on such judgment, and that such person desires to avail himself of the provisions of this section.

CHAPTER CCLXIV.

An act to amend section 1713 of the Political Code of California in relation to district libraries.

[Approved March 21, 1903.]

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

SECTION 1. Section seventeen hundred and thirteen (1713) of the Political Code of California is hereby amended to read as follows:

district

1713. Except in cities not divided into school districts School the library fund shall consist of not less than five nor more than library ten per cent of the county school fund annually apportioned fund." to the district; provided, that should ten per cent exceed fifty dollars, fifty dollars only shall be apportioned to the district; except that in districts having five or more teachers, there shall be apportioned a sum not less than ten dollars nor more than fifteen dollars for each teacher employed; and provided further, that the school trustees of each district in the county shall, in the month of July in each year, notify the superintendent of the county as to what amount they desire to be apportioned for their respective districts for the year.

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

CHAPTER CCLXV.

An act to amend an act entitled "An act to amend an act entitled 'An act to vacate certain streets, alleys, and market places in the city and county of San Francisco, and to donate the same, and other tide lands belonging to the State of California, to said city and county of San Francisco for commercial purposes, and other matters relating thereto,' approved March thirtieth, eighteen hundred and seventy-two," approved March 11th, 1874.

[Approved March 24, 1903.]

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

SECTION 1. Section one of the act entitled "An act to amend an act entitled 'An act to vacate certain streets, alleys and market places in the city and county of San Francisco, and to donate the same, and other tide lands belonging to the State of California, to said city and county of San Francisco, for commercial purposes, and other matters relating thereto,' approved March thirtieth, eighteen hundred and seventy-two"

Grant of

streets and alleys to city of San

Francisco.

City may sell lands.

May ex

change for

other prop

erty.

approved March 11th, 1874, as amended by section 4 of an act entitled "An act concerning the water front of the city and county of San Francisco" approved March 15th, 1878, is hereby amended so as to read as follows:

Section 1. All streets and alleys in the city and county of San Francisco which lie within the exterior boundaries of certain salt marsh and tide lands, donated by the state to the Southern Pacific Railroad Company and the Western Pacific Railroad Company for terminal purposes, by an act entitled "An act to survey and dispose of certain salt marsh and tide lands belonging to the State of California, approved March thirtieth, eighteen hundred and sixty-eight, and also all streets and alleys within the exterior boundaries of lands lying within the boundaries of said lands, not donated to said railroad companies, but reserved for market places, and known as produce exchange and market place, are hereby vacated, and the lands covered by said streets and alleys and said market places, are hereby granted to the city and county of San Francisco, with full power to regulate and manage the same, by ordinance or otherwise; provided, that said city shall have no power to donate, sell, or in any manner to alienate said lands or any part thereof, otherwise than by lease for a period not to exceed twenty years, except that, if in the judgment of the board of supervisors of said city and county, said produce exchange and market place, or either of them, shall be necessary for terminal purposes for the use of any transcontinental railroad, or railroad having transcontinental connections, and having its terminus in the city and county of San Francisco, then and in that case, the said city and county of San Francisco may sell said blocks or either of them, with the intervening streets, to the owners of such railroad, for the fair and reasonable value thereof, to be determined by a board of three arbitrators to be appointed as follows: One arbitrator by the owner of said railroad, one by the board of supervisors of the city and county of San Francisco, and the third by the two arbitrators so appointed, the decision of a majority of whom thereon shall be final; or, if the board of supervisors shall determine that the interests of said city and county will be subserved by an exchange of said blocks or either of them for other property of equivalent value owned by the owners of such railroad, such value to be determined by arbitration as aforesaid, then and in that case said city and county of San Francisco may exchange said blocks or either thereof, for such other property of equivalent value, and thereunto may execute and accept all deeds of conveyance necessary and proper to effect such exchange.

SEC. 2. This act shall take effect immediately.

CHAPTER CCLXVI.

An act creating a board of bank commissioners, and prescribing their duties and powers.

[Approved March 24, 1903.]

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

missioners

office.

SECTION 1. Within ten days after the passage of this act Bank comthe governor shall appoint, by and with the advice and consent of the senate, four competent persons, one of whom shall be an expert of accounts, to be styled bank commissioners; and the governor shall designate, at the time of such appointment, their respective terms of office in accordance with the following classification, viz.: Two of said commissioners shall serve for Term of two years, and two for four years. Their successors shall be appointed by the governor and hold their office for the term of four years and until their successors are appointed and qualified. Should a vacancy occur either by death, removal from Vacancy. the state or otherwise, the governor shall appoint his successor for the unexpired portion of his term. The persons who are so appointed shall have no official connection with nor be in the employ of any savings bank, bank, banking company, or banking society, nor shall they, during their terms of office, own or be interested in the stock or other property thereof. Said commissioners shall have their office in the city of San Francisco.

bond.

SEC. 2. The bank commissioners, before entering upon the official duties of their office, must execute an official bond in the sum of twenty thousand dollars, and take the oath of office, all as prescribed by the Political Code for state officers in general. SEC. 3. The duties of the bank commissioners shall be to General

prepare and furnish to every savings bank, bank, and bank- duties. ing company, or any other corporation incorporated under the laws of this state, or of any other state or territory, or foreign country, doing a banking business in this state, applying therefor, a license, in the form to be prescribed by them, authorizing such corporation to use the name and to transact the business of a savings bank, bank, or banking company, until the first day of July next thereafter; to receive and place on file in their office the reports required to be made by savings banks, banks, or banking corporations, by this act; to prepare and furnish, on demand, to all persons, firms, partnerships, corporations, or officers required to make and return statements or reports to said bank commissioners by the provisions of this act, blank forms for such statements or reports as may by law be required of them; to make, on or before the first day of October in each year, a report to the governor of this state, containing a tabular statement and synopsis of the several reports which have been filed in their

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