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8th. To receive, lease, and hold in fee, in trust for the city and county, any and all real estate and personal property that may have been or which hereafter may be acquired for the use and benefit of the schools of said city and county.

9th. To sue, in the name of the city and county of San Francisco for any and all lots, lands and property belonging to or claimed by the School Department of said city and county, and to prosecute and defend all actions at law or special proceedings or suits in equity concerning the enjoyment and possession of said lots, lands and property, and to require the services of the City Attorney in all such actions, suits and proceedings.

10th. To establish regulations for the just economical and equal disbursement of all moneys belonging to the School Department or to the Common School Fund, and strict accountability in the expenditures thereof; to provide for the prompt payment, on the fifth day of each month in every year, of all salaries due and allowed teachers and other employees of the School Department.

11th. To dispose of and sell at public auction such personal property used in the schools as shall no longer be required; and all moneys realized by such sales shall be paid into the Treasury to the credit of the Common School Fund.

12th. To lease, by and with the consent of the Supervisors, for the benefit of the Common School Fund, for a term not exceeding ten years, any property of the School Department not required for school purposes.

13th. To receive and manage property or money acquired by bequest or donation, in trust for the benefit of any school, educational purpose, or school library.

14th. By and with the consent of the Supervisors to purchase for the School Department, real estate when necessary.

15th. To do and perform such other acts as may be necessary and proper to carry into force and effect the powers conferred upon such Board of Education. SEC. 2. The President of the Board of Education, the Chairman of the Finance Committee of said Board, the Secretary thereof, and his assistants shall have power to administer oaths or affirmations concerning any demands upon the Treasury payable out of the Common School Fund, or other matters relating to their official duties or to this Department.

SEC. 3 It shall be the duty of the Board of Education to furnish all necessary supplies for the public schools. All supplies, books, stationery, fuel, printing, goods, material, merchandise, and every other article and thing supplied to or done for the public schools, or any of them, when the expenditure to be incurred on account of any such matter may exceed one hundred dollars, shall be done or furnished by contract let to the lowest responsible bidder, after public advertisement in the mode prescribed by section four of this Chapter.

SEC. 4. It shall be the duty of the Board of Education, annually, on the first day of May, or within five days thereafter, to make a list of supplies required by the School Department for the ensuing fiscal year, stating in clear and explicit terms the estimated quantities and kinds of all articles needed and how and when to be delivered, and to invite proposals for furnishing the same by advertising with the conditions thereunto appended, for at least five consecutive days, in not less than two daily newspapers of general circulation published in the city and county, one of which shall be the official newspaper. The mode of receiving bids and the awarding of contracts by the Board of Education, shall in all respects be governed by the law, provided in this charter for receiving bids and awarding contracts by the Supervisors, except that the approval of the Mayor shall not be necessary thereto.

In the event of all the bids being rejected, the Board shall readvertise invitations for proposals.

SEC. 5. Any School Director, officer, or other person officially connected with the School Department, or drawing a salary from the Board of Education, who shall, while in office or so connected or drawing salary, be interested either directly or indirectly in, or who shall gain any advantage or benefit from any contract, payments under which are to be made in whole or in part of the moneys derived from the Common School Fund, or raised by taxation or otherwise' for the support of the public schools, shall be guilty of felony, and this provision shall not be construed to relieve such persons from any other penalty, but shall be deemed cumulative to other penalties and disabilities as to such acts and offenses.

SEC. 6. The Board of Education shall make and transmit, between the fifteenth day of July and the tenth day of August in each year, to the State Superintendent of Public Instruc

tion, and to the Supervisors, a report in writing for the preceding fiscal year, stating the whole number of schools within their jurisdiction; the length of time they have been kept open; the number of pupils taught in each school; the daily average attendance of pupils in all the public schools; the number of teachers and list of salaries paid to each, the amount of money drawn from the Treasury by the Department during the year-distinguishing the amounts drawn from the general funds of the State from all others; and from what sources, and the manner and purposes in which such money has been expended, with particulars; and such other infor-mation as may be required from them by the State Superintendent, the Supervisors or either Board thereof, or the Mayor.

SEC. 7. The Board of Education shall between the 1st and 31st day of May, of each year, fix a schedule of salaries for teachers or other employees of the School Department, to take effect on the first day of July following, and to remain in force during the fiscal year.

CHAPTER IV.

OF THE SUPERINTENDENT OF SCHOOLS.

SECTION 1. The Superintendent of Schools shall be exofficio a member of the Board of Education, and President thereof, without the right to vote.

SEC. 2. Said Superintendent shall appoint two Deputy Superintendents, whose salaries shall be fixed by the Board of Education, and paid out of the General Fund; their duties shall be to personally visit the schools in the districts, severally apportioned to them, and to examine at least once a year each and every class therein, and to report on the efficiency of each teacher.

SEC. 3. In case of a vacancy in the office of Superintendent of Schools, the Mayor shall appoint, by and with the advice and consent of the Board of Aldermen, a person to fill the vacancy for the unexpired term.

SEC. 4. It shall be the duty of the Superintendent:

1st. To make, establish and enforce all necessary rules for the government and efficiency of the teachers and pupils; to regulate and grade the schools, the course of studies and mode of instruction therein.

2d. To recommend to the Board of Education the dismissal of teachers and the cancellation of their certificates, stating the reasons therefor.

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3d. To see that the schools are efficiently conducted, and that the laws and the regulations of the Board of Education are enforced in all things, and that no religious or sectarian books or teachings are allowed in the schools, and to report quarterly to the Board.

4th. To report to the Board of Education annually, on or before the twentieth day of August, and at such other times as the Board of Education may require, all matters pertaining to the condition and progress of the Public Schools of said city and county during the preceding fiscal year, with such recommendations as he may deem proper.

5th. To observe, and cause to be observed, such general rules for the regulation, government and instruction of the schools-not inconsistent with the laws of the State-as may be established by the Board of Education.

6th. To attend all sessions of the Board of Education and inform said Board of the condition of the schools, school houses, and other matters connected therewith; and to recommend such measures as he may deem necessary for the advancement of education in the city and county.

7th. To notify the Board of Education, at all times, of any waste, misappropriation, or useless expenditure connected with the School Department, that may come to his knowledge.

8th. To become acquainted with all the laws, rules and regulations governing the Public Schools in the city and county; and to give advice on subjects connected with the Public Schools gratuitously, to officers, teachers, pupils, and the parents and guardians of pupils.

9th. To cause the instruction in the Public Schools to be applied as far as possible to the practical affairs of life, to enable pupils to earn a living, and to cultivate a respect for truth, labor and industry.

CHAPTER V.

OF THE COMMON SCHOOL FUND.

SECTION 1. The Common School Fund shall be kept in the City and County Treasury, separate and distinct from all other moneys, and shall only be used for school purposes, in the manner specified by and under the provisions of this Charter.

No fees or commissions shall be allowed or paid for assessing, collecting, keeping or disbursing any school moneys; and if at the end of any fiscal year a surplus remains in the Common School Fund, such surplus money shall be carried forward to the Common School Fund of the next fiscal year, and shall not be for any purpose whatever diverted or withdrawn from said Fund.

SEC. 2. The Common School Fund shall be use nd applied for the following purposes, to wit:

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1st. For the payment of all salaries or wages of Teachers, Janitors, School Census Marshals, and other persons who may be lawfully employed by said Board in said School Department.

2d. For supplying the schools with fuel, water, apparatus, blanks, blank books and necessary appliances, together with text books for indigent children.

3d. For lighting school rooms and the offices and rooms of the Board of Education and the Superintendent. 4th. For supplying books, printing and stationery for the use of the Board of Education and the Superintendent, and for the incidental expenses of the Department.

5th. For the rent of any real or personal property hired by the Board.

6th. For the building and repair and furnishing of school houses.

7th. For the discharge of all legal incumbrances exist

ing on any school property.

8th. For the payment of interest accruing on school bonds, and for the redemption of the same, as far as may be realized from the rents of property belonging to the School Department.

SEC. 3. All claims payable out of the Common School Fund, shall be filed with the Secretary of the Board of Education, and after they shall have been approved by the Auditing Committee and received a vote of five members of the Board of Education, upon a call of the ayes and noes which shall be recorded, they shall be signed by the President of said Board and by the Superintendent of Public Schools, and be sent to the Auditor.

Every demand shall have indorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, showing the date thereof, the vote thereon, and the law authorizing it, by title, date and section.

Each person in the employ of the School Department entitled to a salary therefrom, shall be granted a certificate for

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