Butte record., 1854-12-09

-4ad an fcf led an act dnle,adGfo y Of
and supplementary TO an act entitttd ''7n
-fct to establish q System of C0lcHio n
Schools approved .Nuy 8, 1852.
The People of the State of California, rep
resented in Senate and assembly, do enact
as follolcs,
STATE BOARD.
81. The Governor, the Superintendent of
Public Instruction, and the Surveyor General
of the State. shall constitute, and are hereby
constitd Board of Education he Governor
shall be President and the superintendent
shall be the secretary of the said Board
50 In each of the towns. cities aul villa
ges in this state. except as otherwise provided
BY this act, there shall be elected three com
missioners of common schools, who shall Be
annually elected at the general election, and
in the same manner as justices of the Peace
S3 The three commissioners of common
schools, mentioned in the last preceding sec
ton, alone, or any two of them, in conf JUNCTION
with the county superintendent of common
schools, or a justice of the peace of the town
city, or village, shall constitute board of
commissioners of common schools for such
town. city or village, as the case may be.
"a constable in each town, city and viii
lage, dnly elected and qualified as such, to be
selected and designated by the board of com
missioners of common schools for such town,
city or village, shall be the common school
marshal therein, to take the census of the
children residing within his precinct
S5 The said Board of Education shall have
a common seal, an impression and description
whereof shall be deposited by the secretary OF
and in the state treasurer's office, and in Jan
uary of each year, shall report its doings to
the Legislature.
: 6. All school moneys due each county
in the State shall be paid over by the State
Treasurer on the first day oil January in each
year, by order the state board of education
upon the warraut of the superintendent of
public instruction, under the common seal of
the said board of education to the county
treasurers; and such warrants duly endorsed
by the county treasurers, shall be tbs only
valid vouchers in the hands of the state treas
urer for the disbursement Of the said common
school moneys.
~ Comptroller's warrants, drawn upon
the general fund, and paid into the state treas
ury for school lands, shall draw the same rate
of interest, and be entitled to all the prefer
ences of civil bonds, and the state treasurer
on receiving any such warrants. shall en-
dorse upon the samm common school fund,
thereto his official signature, and no portion
of said securities shall be sold or exchanged
for other securities, excedt by special act of
the legislature.
s The State treasurer shall keep a
separate and distinct account of the common
school fund, and of the interest and income
thereof, together with such moneys as shall
be yaised by State tax, or special appropria-
ton or otherwise for the support of common
schools, and no portion of the common school
fund, nor of the interest or income thereof,
nor of the moneys raised by state tax or spec
tally appropriated for the support of common
schools, shall be diverted to any other object
or purpose.
Sec 9. The State treasurer shall, on or be
fore the first day of December Of each year
report to the board Of education, who shall in
clude the same in their annual report to the
legislature, a statement of the securities be-
longing to the common school fund, together
with particular statement of the moneys in
the treasury, accruing from the interest or ir-
come of the common school fund, or from state
taxes appropriations for the support of com
mon schools
) 10 The county assessor Of each and eve.
ry county in the State, shall be, and he is
hereby constituted the superintendent of
5 IL In all cases of failure on the part of
the people to elect commissioners as hereinbe
fore provided, the county superintendent shall
have authority to appoint the same
II The County treasurers, superntena
ents, marshals and commissioners of common
schools, within the several counties. shall re-
spectively receive for their official services
under this act, such compensation as shall be
allowed by the court OF sessions or board OF
supervisors, which shall be audited and paid
n.the same manner as other county salaries
are audited and paid
ARTICLEu
The common school year shall com
mence on the first d'y Of November, and end
on the last day of October.
ARTICLE III.
SCHOOL BfARsHALs.
Sec Is. The marshaIs designated and Sc
lected ty the trustees under the provision of
this Act, SHALL in the mouth of October aunu
ally, take specific census of all the children
within their respective precincts. between the
ages OF four and eighteen years, specifying
the names of the children, of the parents or
guardians of sych children. and the town, city
and school district within which they reside.
ank make full report thereof in writing under
oath TO the county superintendent of common
schools, and deliver true copy thereof to the
trustees in their respective school districts, bv
the tenth day Of November next thereafter
COMMISSIONERS OF COMMON SCHOOLS
The of commissioners OF common
schools of the several towns, cities, and villa
ges, shall have power, and it shall be their
duty within their respective jurisdictions
l To select and designate, by writing. un-
der their hands, one of the constables within
their respective Jurisdictions, to be the com
mon school marshal, to take the census Of the
chideen
10 constitute and define, Ind from time
to time to alter, the boundaries of common
school districts, and fix the location of school
houses, IN accordance wish the expressed wish
es OF majority of the qualified electors with
in such boundaries: but in case a majority of
such voters shall rot agree therein. then. and
in that case, the said board of commissioners
shall, in their discretion, constitute such com
mon school districts, define the boundaries
thereon, and fix the factions of school houses
according to their own best Judgment, and
make definite reports thereof in writing, un-
der their hands, to the county superintendent,
within ten days thereafter.
Third To receive the common school mo-
ney from the county treasurer as provided by
law, and disburse the same in accordance with
the provisions Of this act.
Fourth To superintend the erection and
repairs Of all school houses, in the several
common school districts, or appoint building
committee IN such districts respectively for
that purpose who shall be subject to the in
structions and supervision of such board of
commissioners of common schools to dstrib-
ute the blank forms, laws, instructions. re-
ceived by them from the county superintend-
eQt To the cpmrnOu school ba1c nd taa1b