chief agent shall receive necessary traveling expenses and a salary of two hundred twenty-five dollars per month. Such three other agents shall re ceive their necessary traveling expenses and a salary of one hundred seventy-five dollars per month, which salary shall be paid in the same manner and at the same time as the salaries of other state officers. All expenses incurred in visiting said asylums and homes, when there are not other available funds, may be audited and allowed by the state board of control out of the appropriation for support of orphans, half orphans and abandoned children. In addition an advisory committee of three persons serving without pay or expense to the state may be appointed by the board of control, to act in any county in conjunction with the children's agents. [Amended, Statutes 1917, p. 562.]

Facts contained in claims.

§ 2287. Every claim for aid under this chapter must be presented to and audited and allowed by the state board of control. Such claim must contain:

1. The name and location of the institution making the claim, or the name of the county.

2. The name of the person or persons having charge or control of the institution or of the child.

3. The number of orphans, half orphans, or abandoned children therein, in the case of an institution.

4. The date of admission and age of each child.

5. The amount, if any, that the institution is receiving for the specific support of any orphan, half orphan, or abandoned child therein. Such claim, and the statements therein contained, must be verified by the person or persons, or some of them, in charge of such institution, or in the case of counties, by the county officers in charge of the distribution of aid, and the state board of control may, in its discretion, require the production of the books of such institution or county in support of such claim. [Amended, Statutes 1913, p. 631.]

Payment of damages.

§ 2288. If such claim is audited and allowed, in whole or in part, by said board, it is the duty of the controller to draw his warrant for the amount allowed in favor of such institutions, and it is the duty of the treasurer to pay the same on presentation. No money appropriated by the state to any institution claiming aid under this chapter, must be expended either in improvements or in the erection of new buildings by such institutions. [Enacted, Statutes 1907, p. 910.]

Institution and orphans defined.

§ 2289. In order that the provisions of this chapter shall not be abused, it is hereby declared:

1. That no institution which has less than twenty inmates of either or all of the classes mentioned in section two thousand two hundred eightythree, must be deemed an institution for the support and maintenance of

minor orphans, half orphans, or abandoned children, within the intent and meaning of this chapter.

2. That no child over the age of fifteen years shall be deemed a minor orphan, half orphan, or abandoned child, within the intent and meaning of this chapter.

3. That no child for whose specific support there is paid to any such institution the sum of ten dollars or more per month shall be deemed a minor orphan, half orphan, or abandoned child within the intent and meaning of this chapter.

4. That no child maintained in an institution for whom a bona fide offer of a proper home has been made shall be considered eligible for further state aid; it is further provided, however, that no institution shall be required to surrender a child to any person of religious faith different from that of the child or the parents of the child.

That a child who has not resided in this state for a period of at least two years prior to the application for aid shall not be eligible to receive state aid unless such child is born in this state. [Amended, Statutes 1917, p. 562.]

Foundling asylums.

$ 2290. The provisions herein made for the support of orphans, half orphans, and abandoned children, shall be held to include foundlings, and other dependent illegitimate infants who may have been or shall become dependent upon any regularly established foundling asylum, without regard to the time in which such infants have been dependent upon such institutions; and the relief herein provided shall be given for any fraction of a year, pro rata; provided, also, that the limitation of twenty inmates, mentioned in section twenty-two hundred and eighty-nine, shall, in relation to said foundling asylum, be construed to mean not less than twenty admissions in the course of each year; and, provided, further, that for each abandoned or dependent illegitimate infant who now is or shall become dependent upon such foundling asylum, there shall be paid by the state the sum of twelve dollars and fifty cents per month from the time it becomes dependent upon such institution until such infant's decease, or until it become adopted, or reach the age of eighteen months, after which age such asylum shall receive the same sum for such infants as allowed for full orphans. [Enacted, Statutes 1907, p. 911.]

Registry of marriages.

§ 3076. All persons who perform the marriage ceremony in this state shall within three days after the ceremony file with the county recorder a certificate of registry of the marriage performed by them in such form as may be prescribed by the state registrar which shall contain among other matters as near as can be ascertained, the place and date of marriage, sex, race, color, age, name and surname, birthplace, residence of the parties married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the

female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. [Amended, Statutes 1905, p. 104.]

Registry of births.

8 3077. Physicians, midwives, nurses and other persons assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race and color of the child, the name, residence, age, birthplace and occupation of the parents and the maiden name of the mother, and whether born in or out of wedlock, and such other information as may be required by the state registrar; provided, however, that in cities having a freeholders charter the health officer shall act as local registrar and perform all the duties thereof. In case the child is not named the recorder or registrar of such locality shall deliver to such parent, next of kin, physician, midwife or other person furnishing such certificate of birth a supplementary blank for report of given name, which shall be filled out and returned as soon as the child shall be named. In case there shall be no physician, midwife, or nurse attending at such birth, then, it shall be the duty of the parents of any child born in this state (and if there be no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county or health officer of cities having a freeholders charter where such birth takes place, in such form as may be prescribed by the state registrar, the date, place and residence, name, sex, race, and color of such child, and the names, residence, birthplace and age of the parents, their occupations, and the maiden name of the mother, and whether born in or out of wedlock, and such other information required by the state registrar. [Amended, Statutes 1905, p. 104.]

Fee for marriage license.

§ 4300a. In addition to the charges otherwise provided for by law, the county clerk shall charge and collect the following fees:

For issuing a marriage license, one-half to be paid to the county recorder, two dollars. This fee shall be in full for all services in connection with the issuance of a marriage license. [Amended, Statutes 1917, p. 902.]

GENERAL LAWS.

EDUCATIONAL RIGHTS OF CHILDREN.

An act to enforce the educational rights of children and providing penalties for violation of the act.

[Approved March 24, 1903; amended 1905, 1907, 1911, 1915; Statutes 1903, p. 388; 1905, p. 388; 1907, p. 95; 1911, p. 949; 1915, p. 762.]

Each child must attend school.

§ 1. Unless excused, as hereinafter provided, each parent, guardian, or other person, in the State of California, having control or charge of any child between the ages of eight and fifteen years, shall be required to send such child to a public school, during the time in which a public school shall be in session, in the city or city and county or school district in which said child resides; provided, that should it be shown to the satisfaction of the board of education of the city or city and county, or of the board of trustees of the school district, in which such child resides, that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at school or application to study, a certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board, or that such child is being taught in a private school, or by a private tutor, or at home by any person capable of teaching, in such branches as are usually taught in the primary and grammar schools of this state; or that any such child between the age of twelve and fifteen has been given a permit to work by the proper judicial officers in accordance with section two of "An act regulating the employment and hours of labor of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the commissioner of the bureau of labor statistics and providing penalties for the violation hereof approved February 20, 1905"; or that no public school is located within two miles, by the nearest traveled road, of the residence of the child; or that the child has completed the prescribed grammar school course; then it shall be the duty of such board of education or board of trustees, upon application of the parent, or guardian, or other person having control or charge of such child, to excuse such child from attendance at school, during the continuance of such defect or condition upon which such excuse is granted; and provided, further, that circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm or other sufficient cause, shall work an exemption from the penalties of this act. If any parent or guardian or other person having control or charge of any such child presents proof to such board of

education or board of trustees, by affidavit, that he is unable to compel such child to attend school, said parent, guardian or other person shall be exempt from the penalties of this act, as regards the subsequent nonattendance at school of such child, and said child may, in the discretion of such board, be deemed a truant and subject to assignment to the parental school. [Amended, Statutes 1911, p. 950.]

Penalty for failure to send child to school.

§ 2. Any parent, guardian, or other person having control or charge of any such child, who shall fail to comply with the provisions of this act, shall, unless excused or exempted therefrom as hereinbefore provided, be deemed guilty of a misdemeanor, and upon conviction, shall be liable, for the first offense, to a fine of not more than ten dollars or to imprisonment for not more than five days, and for each subsequent offense he shall be liable to a fine of not less than ten nor more than fifty dollars, or to imprisonment for not less than five days nor more than twenty-five days, or to both such fine and imprisonment.

Investigation.

§ 3. The board of education of any city or city and county, or the board of trustees of any school district, shall, on the complaint of any person, make full and impartial investigation of all charges against parents or guardians or other persons having control or charge of any such child, for violation of any of the provisions of this act. If it shall appear upon such investigation that any such parent or guardian or other person has violated any of the provisions of this act, it is hereby made the duty of the secretary of such board of education, except as hereinafter provided, or the clerk of such board of trustees, to make and file in the proper court a criminal complaint against such parent, guardian or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in cities, and in cities and counties, and in school districts having an attendance officer or officers, such officer or officers shall, under the direction of the board of education, or the city superintendent of schools, or the board of trustees, make and file such complaint, and see that such charge is prosecuted by the proper authorities. [Amended, Statutes 1907, p. 95.]

Attendance officer.

§ 4. The board of education of any city, or city and county, may appoint and remove at pleasure an attendance officer, and assistant attendance officer of such city, or city and county, or the board of school trustees of any school district having an average daily attendance of at least three hundred children, according to the official school record of the preceding school year, may appoint and remove at pleasure one attendance officer, and assistant attendance officers, and shall fix his or their compensation payable from the county or special school fund of such city, or city and county, or school district, and shall prescribe their duties, not inconsistent with law, and make rules and regulations for the performance thereof;