EXTRACTS FROM THE PENAL CODE. of misde 19. Except in cases where a different punishment is prescribed Punishment by this Code, every offense declared to be a misdemeanor is pun- meanor, ishable by imprisonment in a county jail not exceeding six months, when not or by a fine not exceeding five hundred dollars, or by both. prescribed. otherwise duty by pub 176. Every willful omission to perform any duty enjoined by Omission of law upon any public officer, or person holding any public trust or lic officer. employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misde meanor. of prohibited 177. When an act or omission is declared by a statute to be Commission a public offense, and no penalty for the offense is prescribed in acts, when any statute, the act or omission is punishable as a misdemeanor. no penalty is prescribed. school 654. Every parent, guardian, or other person who upbraids, Insulting insults, or abuses any teacher of the public schools, in the pres- teachers. ence or hearing of a pupil thereof, is guilty of a misdemeanor. public proceedings Courts. 772. When an accusation, in writing, verified by the oath of Removal of any person, is presented to a Superior Court, alleging that any officers by officer within the jurisdiction of the Court has been guilty of summary charging and collecting illegal fees for services rendered or to be before rendered, in his office, or has refused or neglected to perform the Superior official duties pertaining to his office, the Court must cite the party charged to appear before the Court at a time not more than ten nor less than five days from the time the accusation was presented, and on that day, or some other subsequent day, not more than twenty days from that on which the accusation was presented, must proceed to hear, in a summary manner, the accusation and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it appears that the charge is sustained, the Court must enter a decree that the party accused be deprived of his office, and must enter a judgment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. 4 Who are eligible. Children to be sent to school. ACTS OF 1873-4. CHAPTER CCLVII. (Page 356.) An Act to make women eligible to educational offices. [Approved March 12, 1874.] The People of the State of California, represented in Senate and SECTION 1. Women, over the age of twenty-one years, who are citizens of the United States, and of this State, shall be eligible to all educational offices within this State, except those from which they are excluded by the Constitution. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. This Act shall take effect from and after its passage. CHAPTER DXVI. (Page 751.) An Act to enforce the educational rights of children. [Approved March 28, 1874.] The People of the State of California, represented in Senate and SECTION 1. Every parent, guardian, or other person, in the State of California, having control and charge of any child or children between the ages of eight and fourteen years, shall be required to send any such child or children to a public school for a period of at least two thirds of the time during which a public school shall be taught in each city, or city and county, or school district, in each school year, commencing on the first day of July, in the year of our Lord one thousand eight hundred and seventy-four, at least twelve weeks of which shall be consecutive, unless such child or children are excused from such attendance by the Board of Education of the city, or city and county, or of the Trustees of the school district in which such parents, guardians, or other persons reside, upon its being shown to their satisfaction that his or her bodily and mental condition has been such as to prevent attendance at school or application to study for the period required, or that the parents or guardians are extremely poor, or sick, or that such child or children are taught in a private school, or at home, in such branches as are usually taught in the primary schools of this State, or have already acquired a good knowledge of such branches; provided, in case a public school shall not be taught for three months during the year within one mile, by the nearest traveled road, of the residence of any person within the school district, he shall not be liable within the provisions of this Act. SEC. 2. It shall be the duty of the President of each Board of Education, and of the Clerk of each Board of District Trustees in the State of California, to cause to be posted three notices of this law in the most public places in the city, or city and county, or in the school district, or published in one newspaper therein for three weeks, in the month of June, in each year, the expenses of each publication to be paid out of the School Fund of such city, or city and county, or school district, as the case may require. SEC. 3. In case any parent, guardian, or other person shall fail Misdeto comply with the provisions of this Act, said parent, guardian, meanor. or other person shall be deemed guilty of a misdemeanor, and shalĺ be liable to a fine of not more than twenty dollars; and for the second and each subsequent offense the fine shall not be less than twenty dollars nor more than fifty dollars; and the parent, guardian, or other person so convicted shall pay all costs. Each such fine shall be paid to the Clerk of the proper Board of Education, or of the District Trustees. tious. SEC. 4. And it shall be the duty of the Clerk of each Board of Prosecu Education and of each Board of District Trustees, on complaint of any teacher or taxpayer, to prosecute all offenses occurring under the provisions of this Act; and any Clerk neglecting to prosecute such offense within ten days after a written notice has been served on him by any teacher or taxpayer within the limits of the authority of said Board, unless the person so complained of shall be excused by the proper School Board, shall himself be liable to a fine of not less than twenty dollars nor more than fifty dollars, which fine shall be prosecuted for in the name of the people of the State of California, and the fine so collected shall be paid over to the Clerk of the Board of Education or Trustees of the proper city, or city and county, or school district, to be accounted for as in section three of this Act; and in case such prosecution fail, the expenses thereof shall be paid out of the School Fund of the city, or city and county, or school district in which the case arose. SEC. 5. And it shall be the duty of the Census Marshal to Lists and furnish each Board of Education and of District Trustees with a reports. complete list of all children living within the jurisdiction of said Board, and to note on such lists all children not attending colleges, college schools, private schools, or being taught at home, who are liable to the provisions of this Act; and each teacher teaching within the limits of the jurisdiction of such Board shall be supplied with a list of all children within his or her department or school, and shall call such list each morning on the opening of school, and note the absentees, and the reason of such absence, if any, and, at the close of each term of twelve weeks, shall make a full report to the Board of Education, or of District Trustees, of all such cases of absence, with the names both of children and parents, guardians, or other persons having such children in charge, and said Board shall thereupon forthwith proceed to prosecute such parents, guardians, or other persons, according to the provisions of this Act. SEC. 6. And whereas the State has provided an institution for Deaf, dumb the gratuitous instruction of all resident deaf, dumb, or blind and blind. children between the ages of six and twenty-one years, every parent or guardian of any child or children afflicted with deafness or blindness shall be required, under the penalties hereinbefore specified, to send such child or children to said institution for a period of not less than five years, unless such child or children shall have been excused by the authorities, and on the grounds specified in section one of this Act. SEC. 7. Any Justice of the Peace of the proper city, or city and county, or school district, shall have jurisdiction of all offenses committed under the provisions of this Act. SEC. 8. This Act shall be in force and effect from and after the first day of July, eighteen hundred and seventy-four. Violations Citations and penalty. CHAPTER DCLX. (Page 911.) An Act providing for the removal of civil officers for a violation of official duties. [Approved March 30, 1874.] The People of the State of California, represented in Senate and SECTION 1. Any member of any Board of Directors, Board of Commissioners, or other Board of officers, State, city, county, or district, or other person who has been elected or appointed, or who shall hereafter be elected or appointed to hold, control, build, or manage any public building of this State, or any county, city, or city and county in this State, or to hold, control, manage, or disburse any of the public funds of this State, or of any county, city, or city and county in this State, or any person acting by, through, or under the authority of any such Board of Directors, Board of Commissioners, or other Board of officers, or other person, as aforesaid, or any other officer in the State who shall be guilty of a willful violation of any of the provisions of the statute under which he or they were or may be hereafter elected or appointed, or of any other statute or statutes of this State, prescribing or defining their duties and powers, or passed for their government and control, or who shall be guilty of any other willful violation of official duty, shall be deprived of his office and otherwise punished in accordance with the provisions of section two of this Act. SEC. 2. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the District Court, alleging that any of the officers, or other persons referred to in section one of this Act, have, within the jurisdiction of said Court, been guilty of a violation of the provisions of said section, or of any other statute or statutes of this State which have been or may hereafter be passed for their government and control, or prescribing or defining their duties and powers, it shall be the duty of said Court to cite the party or parties charged to appear before him on a certain day not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered in support of the same, and the evidence offered by the party or parties complained of; and if, on such hearing, it shall appear that the charge or charges contained in said complaint are sustained, the Court shall enter a decree that said party or parties complained of shall be deprived of his or their office or position, and shall enter judgment for one hundred dollars in favor of the complainant, and for such costs as are allowed in civil cases. SEC. 3. This Act shall not be construed to repeal or impair Constructhe provisions of any other Act concerning officers in force at the tion. time of the passage hereof, but shall be construed to be a cumulative remedy for the enforcement of official duty, and not otherwise. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAPTER DCLXVII. (Page 938.) An Act to prevent discrimination against female teachers. [Approved March 30, 1874.] The People of the State of California, represented in Senate and Assembly, do enact as follows: tion of SECTION 1. Females employed as teachers in the public Compensaschools of this State shall, in all cases, receive the same compen- female sation as is allowed to male teachers for like services, when hold- teachers. ing the same grade certificates. SEC. 2. This Act shall take effect and be in force from and after its passage. ACTS OF 1880. CHAPTER V. (Statutes, page 4.) An Act to continue in force School Teachers' Certificates, State [Approved April 5, 1880.] The People of the State of California, represented in Senate and certificates SECTION 1. All teachers' City, City and County, County, and state school State Certificates, State Educational Diplomas, Life Diplomas, at and all other teachers' certificates and diplomas issued in the educational State of California, under and in pursuance of the laws thereof, continued on or before the thirty-first day of December, A. D. eighteen hun- in force. dred and seventy-nine, shall be and the same are hereby con diplomas |