Page images
PDF
EPUB

bidder at a public letting thereof, and if the price bid is a fair and reasonable one, and not greater than the usual market value and prices. Each bid shall be accompanied by such security as the board may require, conditioned upon. the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a bond, with good and sufficient sureties, in such sum as the board may require, and to their satisfaction, that he will faithfully perform his contract. If the proper officer reject any article as not complying with the contract, or if a bidder fail to furnish the articles awarded to him when required, the proper officer of the school may buy other articles of the kind rejected or called for, in the open market, and deduct the price thereof over the contract price from the amount due to the bidder, or charge the same up against him. Notice of the time, place, and conditions of the letting of contracts shall be given for at least two consecutive weeks in one newspaper printed and published in the city and county of San Francisco, in one newspaper printed and published in the city of Sacramento, and in one newspaper printed and published in the county of Amador. If all bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for such time and in such papers as they see proper for proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the meantime the board may contract with any one whose offer is regarded just and equitable, or may purchase in the open market. No bid shall be accepted, nor a contract entered into in pursuance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality considered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or they may divide the contract between the bidders, as in their judgment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segregate the items and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The board shall have the power to reject the bid of any person who had a prior contract, and who had not in the option [opinion] of the board faithfully complied therewith. [. [Amendment approved February 27, 1893; Stats. 1893, p. 40. In effect July 1, 1893.]

Proclamation by governor.

Sec. 23. When the premises are ready for occupancy, the board shall certify such fact to the governor, who shall make due proclamation thereof. Thereafter it shall be lawful for any competent magistrate or court to commit juvenile offenders to the institution, as herein provided.

Controller.

Sec. 24. The controller of state is hereby authorized and directed, on requisition of the said board, to draw his warrant on the state treasurer in favor of said board, to pay for the necessary expenditures in the establishment and maintenance of the said school, and the state treasurer is authorized to pay the same from the appropriations provided for in this act.

Effect of other acts in conflict.

Sec. 25. For the purpose of giving practical effect to the provisions of this act, all laws or parts of laws which conflict with the provisions hereof are, for the purposes of this act only, suspended, and hereby made inapplicable to any boy committed to and in the custody of said school.

Sheriff's fees.

Sec. 26. In all proceedings relating to commitments under this act the fees and compensation of the sheriff and other officers of the court shall be such as are allowed by law for like proceedings and services in criminal cases.

Construction of act.

Sec. 27. This act shall be construed in conformity with the intent as well as with the express provisions hereof, and shall confer upon the board authority to do all those lawful acts, from time to time, which are necessary to promote the prosperity of the institution and the well being and reformation of its inmates, including the organization of trade schools, the purchase and use of fixed and movable machinery, the erection of necessary buildings for machinery and other purposes, the improvement and management of a farm, orchard, and garden, the purchase of necessary supplies for the institution, and materials for manufacture, and performance of all other necessary and lawful acts, not otherwise prohibited, which may be required to comply with the purposes of this act; but nothing herein contained shall be so construed as to permit said board to incur any indebtedness or obligation in excess of the appropriations allowed by law for the establishment and maintenance of said school.

Act takes effect when.

Sec. 28.

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

Effect of Juvenile Court Law. By section 28 of the Juvenile Court Law of 1909 (Stats. 1909, p. 213) and 1911 (Stats. 1911, p. 673), and again by section 31 of the Juvenile Court Law of 1913 (Stats. 1913, p. 1288), it was provided that this law was superseded as to the mode of commitment to the Preston School of Industry. The act, however, was left in force as to all matters concerning its management. It is therefore inserted in full.

SCHOOL OF REFORM.

An Act to establish a school for the discipline, education, employment, reformation, and protection of juvenile delinquents, in the state of California, to be known as "The Whittier State School."

Title of original act. The title of the original act, as enacted in 1889, read: "An Act to establish a state reform school for juvenile offenders, and to make an appropriation therefor." It was amended to read as above by Stats. 1893, p. 328.

[1. Approved March 11, 1889; Stats. 1889, p. 111. 2. Amended March 23, 1893; Stats. 1893, p. 328. 3. Amended March 7, 1905; Stats. 1905, p. 80. 4. Amended February 7, 1907; Stats. 1907, p. 3. 5. Amended April 19, 1909; Stats. 1909, p. 988.]

Effect of Juvenile Court Law: See note at end of act.

[blocks in formation]

§ 6.

§ 7.

Board of trustees.
Powers.

Selection of site.

Trustee or employee not to be interested.

Meetings and modes of transaction of business. Furniture and

[blocks in formation]

§ 16a. Truant children, commitment of.

§ 16b. Dependent and delinquent children may be committed.

§ 16c. Conditions and manner of commitment.

§ 16d. [Renumbered § 20.]

§ 16e. [Renumbered § 20.]

§ 17.

§ 18.

Citation to custodian of child. Warrant for arrest of parent or custodian. Detention of child. Term of commitment. Discharge of child.

§ 19. Right to parole.

$20. Incorrigible children to be returned to court.

[blocks in formation]

§ 23.

§ 24.

Clothing, money, and transportation for those released.
Aiding escapes. Punishment therefor.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

Juvenile Court Law. As to this law, see note at end of this statute.

Change of name.

Section 1. There shall be established and maintained in this state, and located at Whittier, in the county of Los Angeles, an institution for the discipline, education, employment, reformation, and protection of juvenile delinquents in the state of California, to be known as "The Whittier State School"; and in all judicial, official, or other proceedings, and in all contracts, transfers, or other instruments in writing, the above name shall be deemed a sufficient designation of said institution. [Amendment approved March 23, 1893; Stats. 1893, p. 328.]

Board of trustees. Terms of office. Vacancy, how filled.

Sec. 2. The general supervision and government of said institution shall be vested in a board of trustees consisting of three citizens of the state of California, who shall be appointed by the governor with the advice and consent of the senate. The members of said board shall hold their offices for the respective terms of two, three, and four years from the first day of March, eighteen hundred and eightynine, and until their successors shall be appointed and qualified said respective terms to be designated in their appointments; and thereafter there shall be one of said board appointed in the same manner every two years, whose term of office shall continue four years, and until his successor is appointed and qualified. If a vacancy shall occur in said board by expiration of the term of any such trustee, or otherwise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the approval of the senate at its next regular session. Said trustees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the

same.

Powers.

Sec. 3. The trustees of such institution shall be a body corporate and politic for certain purposes, namely: To receive, hold, use, and convey or disburse moneys or other property, real and personal, in the name of said corporation but in trust and for the use and by the authority of the state of California, and to control, manage, and direct the several trusts committed to them respectively, including the organization, government, and discipline of all officers, employees, and other inmates of said institution, with power to make contracts, to sue and be sued, plead and be impleaded, to have and to use a common seal, and to alter the same at pleasure, and to exercise all the powers usually belonging to said corporations and necessary for the successful discharge of the obligations devolved by law upon said members of trust; provided, that they shall not have power to bind the state by any contract or obligation beyond the amount of appropriations which may at the time have been made for the purposes expressed in the contract or obligation, nor to sell or convey any part of the real estate belonging to such institution without the consent of the legislature, except that they may release any mortgage, or convey any real estate which may be held by them as security for any money or upon any trust, the terms of which authorize such conveyance; and provided further, that the legislature shall have power at any time to amend, alter, revoke, or annul the grant of corporate powers herein. contained.

Selection of site.

Sec. 4. The said board of trustees are hereby empowered [invested] with full power and authority to select a site for the permanent location of said school in the county of Los Angeles. Said trustees shall, within thirty days after their appointment and qualification, examine the different sites. offered by the people of the county of Los Angeles for the location of the said school, and select therefrom a suitable location for said buildings; and the site selected by them. shall be and remain the permanent site for said school; said site to contain not less than forty nor more than one hundred and sixty acres, giving preference, other things being equal, to a location central and easy of access from all parts of the county or state; provided, that no buildings shall be commenced or erected in said county of Los Angeles until a deed in fee-simple of the land selected by the said board of trustees shall be made to the state, and recorded in the recPen. Code-53

« PreviousContinue »