Butte record., 1855-01-13
AN ACT


The People of the state Of California, rep
resented in Senate and assembly, do enact
as f0Iioacs.
STATE BOARD.
81 The Governor. the Superintendent of
Public Instruction, and the Surveyor General
of the State. shall constitute, and are hereby
constitd a Board of Education. The Governor
shall be President, and the superintendent
shall be the secretary of the said Board.
) . In each of the towns, cities aud 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.
So The three commissioners of common
schools, mentioned in the last preceding Sec
ton, alone, or any two of them, in con junction
with the county superintendent Of common
schools, or 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.
4 A constable in each town, city and vii
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.
s s. The said Board Of Education shall have
common seal, an impression and description
whereof shall be deposited by the secretary OF
the Board in the office of the secretary of state
and in the state treasurer's office, and in Jan
uary of each year, shall report its doings to
the Legislature.
So All school moneys due each county
in the State shall be paid over by the State
Treasurer on the first day of January in each
L., tlxa or1 Of on
upon the warrant 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.
81 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,
with the date of their reception, and subscribe
| 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.
So The State treasurer shall keep q
| separate and distinct account of the common
| school fund, and of the interest and income
thereof together with such moneys as shall
| be paised by State tax, or special approprla-
| 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 8. The State treasurer SHALL on oI-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 a particular statement of the moneys in
the treasury, accruing from the interest or in
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
common schools within and for his county.
| s II 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.
5 u The County treasurers, superintend-
| entS, 1nafSnaIS anu COMMISSIONERS VI COUlluOU
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
| in the same manner other county salaries
are audited and paid.
| ARTICLE
s 1 The common school year shall com
mence on the first day of November, and end
on the last day OF October.
ARTICLE III.
| SCHOOL MARsHALs.
/ See 1S The marshals designated and Sc
lected ty the trustees under the provision o
this Act, shall, in the month of October annu
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 oil
guardians of svch children, and the town, city
and school district within which they reside
anl make full report thereof in writing undel
oath to the county superintendent of common
schools, and deliver true copy thereof to th'
trustees in their respective school districts, b,
the tenth day of November next thereafter.
| COMMISSIONERS OF COMMON SCHOOLS
s , The of commissioners of common
schools of the several towns, cities. and villa
ges shall have power, and it shall be thei
duty. within their respective Jurisdictions
! 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 tn,
childeen
. To constitute and define, and from tint
to tine to alter, the boundaries of common
school districts, and fix the location of sch6o
houses, in accordance wish the expressed wish
es of a majority of the qualified electors with
in such boundaries: but in case majority o
such voters shall not agree therein, then, ant
in that case, the said board of commissioner
shall, in their discretion, constitute such com
mon school districts, define the boundaries
thereof, and fix the factions of school house
according to their own best Judgment, ant
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 rs provided b,
law, and dsburse the same in accordance will
the provisions Of this act
Fourth. To superintend the erection AM
repairs of all school houses, in the severa
common school districts, or appoint a buildin!
committee in such districts respectively 70
that purpose who shall be subject to the in
structions and supervision of such board 0
commissioners of common schools: to distrib
ute the blank forms. laws, instructions, re
ceived by them from the county superiptend
, ent to the common school marshals and teach
ers. who shall be by the provisions OF this 40
entitled to receive the same.
! s. To hold meetings so often as deeme
necessary to examine persons proposing t