Butte record., 1855-01-27
AN ACT

The People Of the State of California rep
resented in Senate and -4sseH5ly, do enact
as tollo,cs:
STATE BOARD.
s l. The Governor, the Superintendent of
Public instruction, and the Surveyor General
of the State, shall constitute, and are hereby
constitd Board of Education. The Governor
shall be President, and the superintendent
shall be the secretary of the said Board.
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
mssioners of common schools, who shall be
annually elected at the general election. and
in the same manner as Justices of the Peace
The three commissioners Of common
schools, mentioned in the last preceding sec
ton, alone, or any two Of them, in conjunction
with the county superintendent OF common
schools, 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. dniy elected and qualified as such, to be
selected and designated by the board of com
missioners Of common schools for such town.
city OF village, shall be the common school
marshal therein, to take the census Of the
children residing within his precinct.
j. 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.
6. 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
year, by order the state board of education
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.
8 The State treasurer shall keep
separate and distinct account of the common
school fund and of the interest and income
thereof, together with such moneys as shall
be raised by State tax, or special appropra-
ton or otherwise for the support of common
schools, and no portion of the coumon 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 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 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
II In all cases of failure on the part of
the people to elect commissioners as shereinbe
fore provided, the county superintendent shall
have authority to appoint the same.
l. IHc tOuuty titdSuIcTS. huptTlUfcni-
ents, marshals and commissioners of common
schools, within the several counties, shall re-
spectvely 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 as other county salaries
are audited and paid.
ARTICLEU
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.
Sec IS The marshals designated and Sc
lected ty the trustees under the provision of
this Act, shall, in the month of October annu-
ally, take Il specific census of all the children
within their respective precincts, between the
ages o. four and eighteen years, specifying
the names Of the children, of the parents or
guardians of sFeh 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 a true copy thereof to the
trustees in their respective school districts, BY
the tenth day of November next thereafter.
COMMISSIONERS OF COMMON SCHOOLS
5 , 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, IN
der their hands, one of the conStables within
their respective Jurisdictions. to be the com
mon school marshal, to take the census of the
To constitute and define. a nd from time
to time to alter, the boundaries Of comHio:
school districts, and fix the location Of school
houses in accordance wish the expressed wish
es OF a majority of the qualified electors with
in such boundaries: but in case IA majority Of
such voters shall NOS agree therein, then and
in thas case, the said board of commissioners
shall, in their discretion, constitute such com
mon school districts. define she boundaries
thereof, 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 rs provided by
law, and disburse the same in accordeuce 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 distrib-
ute the blank forms, laws, instructions, re-
ceived by them from the county superintend-
ent to the common school marshals and teach
ers, who shall be by the provisions of this act
entitled to receive the same
.. To hold meetings so often as deemed