Butte record., 1855-01-20
ANACT

ANACT
To Establish S6siem of Common Schools ;
find an -4ct entitled an act anaenddtory Of
and suppl 5nentaFy to an act entitled I'm
.fct to establish a System of C0tcnlo n
Schools approved .uuy 8, 1852.
The People Of the State Of California, rep
resented IN Senate and assembly, do enact
as toltotcs:
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.
s 2 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 conf 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.
"a A constable in each town, city and vii
lage, Only 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.
). The said Board of Education shall have
a 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.
8 6. All school moneys due each county
in the State shall be paid over by the State
treasuer on the first day OF January in each
year, by order the state board of education
upon the warrant of the superintendent ot
public instruction, under the common seal ol
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.
| ~ ComptroIlers warrants, drawn upot
! 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 exchanges
for other securities, excedt by special act @
/ the legislature.
( IS The State treasurer shall keep r
/ separate and distinct account of the common
school fund, and of the interest and incom
thereof, together with such moneys as shal
be raised by State tax, or special appropria
/ ton or otherwise for the support of common
schools. and no portion of the couImon schoo
( 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 objec
| or purpose.
! See The State treasurer shall, on or b.
fore the first day of December of each yea
report to the board Of education, who shall in
clude the same in their annual report to tn
/ legislature, n statement of the securities be
longing to the common school fund, togethe
with n particular statement of the moneys il
the treasury, accruing from the interest or in
COME of the common school fund, or from stat
taxes appropriations for the support of com
mon schools.
5 10 The county assessor of each and eve
ry county in the State, shall be, and he i
hereby constituted the superintendent 0
common schools within and for his county
/ s II In all cases of failure on the part o
the people to elect commissioners as herenbe
fore provided, the county superintendent shall
have authority to appoint the same
) y The County treasurers, superintend
! ents, marshals and commissioners of common
schools, within the several counties, shall re
spectively receive for their official service
under this act, such compensation as shall b.
allowed by the court of sessions or board o
supervisors, which shall be audited and pail
in the same manner as other county salarie
are audited and paid.
ARTICLE II
| l The common school year shall com
mence on the first day of November, and ent
on the last day of October.
ARTICLE III.
SCHOOL sIARsHALs.
Sec 49, The marshals designated and Sc
lccted ty the trustees under the provision Q
this Act, shall, in the month Of October annu
ally, take specific census Of all the children
| within their respective precincts, between tn
| ages of four and eighteen years, specifying
the names Of the children, of the parents o
guardians of svch children. and the town, cit
and school district within which they reside
ank make full report thereof in writing unde
oath to the county superintendent of common
schools, and deliver true copy thereof to tn
trustees in their respective school districts, b,
the tenth day OF November next thereafter.
| COMMISSIONERS OF COMMON SCHOOLS
5 2 The of commissioners of common
schools of the several towns, cities and villa
ges, shall have power, and it shall be the
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
chideen
10 constitute and define, and from tim
to time to alter, the boundaries of common
school districts, and fix the location of schOo
houses, in accordance wish the expressed wish
es of a majority of the qualified electors with
in such boundaries: but in case a majority Q
such voters shall rot agree therein. then, ans
in that case, the said board of commissioner
shall, in their discretion. constitue such com
mon school districts, define the boundaries
thereof, and fix the factions of school house
according to their own best Judgment, anC
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 By
law, and disburse the same in aceordUBce Will
the provisions Of this net
Fourth. To superintend the erection anC
repairs Of all school houses, in the severa
common school districts, or appoint building
committee in such districts respectively fol
| shat purpose who shall be subject to the in
( sIrUcti0ns and supervision OF such board q