Butte record., 1855-02-17
AN.ACT

AN.ACT
To Establish a S6sfem of Common Schools
find an -4rt emit led az, act dmenddtory o
and supplementary TO an act enfitkd d ''-7n
.4ct to establish a System of COtcn,o n
Schools approUed .Nuy 8, 1852.
The People of the State Of California, rep
resented in Senate and assembly, do enacl
as JoliO,cs:
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 The Governor
shall be President, and Il . ssp ,rintenden'
shall be the secretary of the Board.
s . In each of the towns. cities aud villa
ges IN this state, except as otherwise provided
by this act, there shall Dc elected three com
missioners of common schools, who shall be
annually elected at the general election, and
in the same nlnnner as Justices Of the Peace
) 3 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. or justice of the peace of the town
-
commissioners of common schools for such
town city or village, as the case may be.
"a \ constable in each town, city and vii
iage, only elected and qualified rs such, to bt
selected and designated by the board of com
mssi0ners Of common schools for such town
el,y OF village, shall be the common schoo
nisrshsl therein. to take the census of the
children residing within his precinct
Tha Rna IffE 4 l,,li how
a common seal, impression and description
whereof shall be deposited by the secretary o
the Board in the Office of the secretary of state
and in the state treasurer's Office and in J an
uary Of each year. shall report its doings t,
the Legislature.
S6. All school moneys due each county
in the State shall be paid over by the Stat,
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 this 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 generalfu fund, and paid into the state treas
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, anu no portion
of said securities shall be sold or exchanged
for other securities, e1cedt by special act O
the legislature.
IS 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 ralsed 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 object
or purpose.
Sec 9 The State treasurer shall, on or bt
fore the first day of December of each yeaI
report 10 the board of education who shall in
clude the same in their annual report to the
legislature. 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
} l0 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.
5 II In all cases of failure on the part oi
the people to elect commissioners as hereinbe
fore provided the county superintendent shall
have authority to appoint the same
: II The County treasurers, superintend-
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
in the same manner as other county salaries
are audited and paid.
ARTICLEII
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 1S The marshals designated and Sc
lected ty the trustees under the provision OF
this Act, shall, in the month of October aunu-
ally, take specific census Of all the children
within their respective precincts, between the
ages OF four and eighteen years, specifying
tue btHcs VI tue CHllireH, OF lne parents or
guardians of svch children. and the town, city
and school district within which they reside
an6 make tull report thereof in writing under
oath 10 the county superintendent of common
schools, tnl ieliver a true copy thereof to the
trustees ~ tAeir respective school districts, by
;ae tenth day 81 November next thereafter
cpM1rfssroSER OF COMMON SCHOOLS
The # commissioners Of common
seheois of the several towns, cities an villa
ges, shall h've power, and it shall be then
duty. within ;iier respective jjuri<tfictons-
! To sel,-,i md designate. by writing I'M
der their htu.,s, one Of the cohstables within
their respective Jurisdictions. to be the com
mon school marshal, to take the census of the
chideen.
To constitute and define, and 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 ma jority OF the qualified electors with
in such boundaries: but in case majority OF
such voters shall OF 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
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 as provided by
law, and dsburse the same in accordance with
the provisions Of this act.
Fourth. To superintend the erection and
pf oil cehno1 -, III