Butte record., 1855-02-10
AN ACT

AN AOT
To Establish S6stem of Common Schools !;
.fnd an -7rt enti led an act dmendatory OF
and supplementary to an act enfft!e d I'm
-4ct to establish System of Coacmon
Schools" approved -huy 9, 1852.
The People of the State of California, rep
resented in Senate and Assembly, do enact
as follotrs:
STATE BOARD.
81 The Governor, the Superintendent Of
Public Instruction, and the Surveyor General
of the State, shall constitute. and are hereby
copstitd Board of Educat'on. "le Governor
shall be President, and tie sop 'rintendent
shall be the secretary Of th. joard.
5 , 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 conjunction
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, dnIy 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
IS. 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.
Sc. 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 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 this 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 sail securities shall be sold or exchanged
for c'her securities, excedt by special act of
| the legislature
SS 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
f,f y 1laI htyS Sfnfa tax ,,nl
! ton or otherwise for the support of common
! schools and no portion Of the common school
! fund. nor of the interest or income thereof.
, aor Of The moneys raised by state tax or spec
laily appropriated for the support of common
schools, shall be diverted to any other object
I OF purpose.
Sec The State treasurer SHALL on or be
fore lie first day of December Of each year
repor. 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 tra tsnry, accruing from the interest or in
come OF the common school fund, or from sta e
taxes a'propriatlons for the support of com
mon sc.Ocls.
10 The county assessor of each and eve
ry county in the State, shall be, aud he is
Z
common schools within and tor his county
) II II all cases of failure on the part of
the peoole TO elect commissioners as hereinbe
fore proY!d I'd, the county superintendent shall
have authority to appoint the same
II Tie County treasurers, superintend-
ents. m trshals aud commissioners of common
schools within the several counties, shall re-
spectiveiy 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
s | The common school year shall COM
mence on the first day Of November, and end
on the last day of October.
ARTICLE III.
school. M1RsHAL.
Sec IS. The marshals designated and Sc
lecte1 ty the trustees under the provision OF
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 or
guardians of svch 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 ana denver a true copy thereof to the
trustees in their respective school districts, by
the teath 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
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
cbildeeu
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 a majority Of the qualified electors with
IN such boundaries: but in case q majority of
such voters shall cot 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 fhair hapda fo tha ~ pta,