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CHAPTER CLXXXIII.

AN ACT

Providing for the Payment of Officers holding Elections and for

Transmitting the Returns thereof.

(Approved May 2, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

:

Carrier of returns.

Pay of officers. SECTION 1. In all general or special State or County elections

hereafter legally held in this State, there shall be audited and paid to the officers of the same, out of the County Treasury, in the same manner as other county charges are audited and paid, the following per diem allowance : To the Inspector, Judges and Clerks of an election, five dollars per day.

Sec. 2. After the returns of any precinct are canvassed and made out, the officers of elections, without delay, shall designate some proper

person to carry the election returns to the County Seat, and deliver Pay of same,

the same to the County Clerk. The person so designated and carrying the returns shall be entitled to and receive the same mileage as Sheriffs, and shall be allowed and paid this amount in the same man

ner as officers of election, in section one of this Act. Not to apply to Sec. 3. The provisions of this Act shall not apply to the counties certain counties. of El Dorado, Placer, Calaveras, Sutter, Yuba, Tuolumne, Sierra,

Siskiyou, Klamath, Mariposa, Shasta, Trinity, Nevada, Colusi, Plumas,
Amador, Butte, Los Angeles and San Bernardino.

CHAPTER CLXXXIV.

AN ACT

To provide for Settling the Boundary Line between the Counties of

Santa Cruz, Santa Clara and San Francisco.

(Approved May 2, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows: Surroyor Section 1. For the purpose of establishing and settling the General's duty. boundary lines between the counties of Santa Cruz, Santa Clara, and

San Francisco, the Surveyor General is hereby authorized and required to survey, or cause to be surveyed, the boundary line between said counties in accordance with the statute, or statutes providing for their organization and boundaries.

Sec. 2. Said lines shall be marked with suitable marks, devices Linos. and monuments, so that they may be easily known and traced, and a copy of such survey, or plat, or map, shall be made out in quadridu- Survey. plicate ; one copy of which shall be deposited with the County Clerk Where of Santa Cruz County, one copy with the County Clerk of Santa deposited. Clara County, one copy with the County Clerk of San Francisco County, and the other copy in the office of the Surveyor General.

CHAPTER CLXXXV.

AN ACT

To establish, support and regulate Common Schools, and to repeal

former Acts concerning the same.

(Approved May 3, 1855.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

STATE BOARD.

Education.

Section 1. The Governor, the Superintendent of Public Instruc- Board of
tion and the Surveyor General of the State, shall constitute a State
Board of Education. The Governor shall be the President, and the
Superintendent shall be the Secretary of the Board.

Sec. 2. The State Board of Education shall have a seal, an im- Seal.
pression and description of which shall be deposited by the Secretary
of the Board in the State Treasurer's office, and on or before the Reports.
fifteenth day of January of each year, the Board shall make a full
report of all their official acts to the Legislature.

SUPERINTENDENT OF PUBLIC INSTRUCTION,

tendent of Pub

Sec. 3. It shall be the duty of the Superintendent of Public In-Duty of Suporinstruction, by and with the advise, and subject to the supervi- lic Instruction. sion of the State Board of Education : First, To prepare and publish, in connection with this Act, instructions and forms for the direction of the Superintendents, Boards, Trustees, Marshals and Teachers of the Common Schools, and to distribute to each County Superintendent a sufficient number of copies of this Act, and of the said instructions and forms, for the supply of the Common School officers in the county. Second, By all proper means in his power to disseminate intelligence among the people in relation to the method and value of

Same.

education. Third, To exercise a general supervision over such Normal Schools and Teachers’ Institutes as may by law be established. Fourth, Immediately after the State Controller has made his semiannual report, as herein required, to apportion to the several counties the amount of school moneys in the State Treasury, to which each shall be entitled under the provisions of this Act, in proportion to the number of children residing therein between the ages of four and eighteen, as shown by the last previous reports of the County Superintendents and School Marshals, or other officers charged therewithi, and make a record thereof in the Book of Records, to be kept by the State Board of Education, and furnish to the Controller of State, to each County Treasurer, and to each Courty Superintendent, an abstract of such apportionment; and with each apportionment, to furnish to each County Treasurer his order on the Controller of State, under the seal of the State Board of Education for the amount of school moneys in the State Treasury to which such county shall be entitled, and to take such County Treasurer's receipt for the same. Fifth, To present to the Legislature, annually, on or before the tenth day of each session, a full report of the condition of public instruction in the State ; the number and grade of schools in each county ; the number of white children in each county between the ages of four and eighteen years ; the number of such attending Comn on Schools established under the provisions of this Act; the amount of Comron School moneys apportioned to each county ; the amount of moneys raised and expended by any county, town, city or school district for for the sup

of Common Schools therein ; together with such suggestions as he may deem it expedient to make in relation to the construction of school houses, the improvement and better management of Common Schools, the qualification of teachers, the ways and means for raising funds for the support of Common Schools, and providing suitable school houses, and for the promotion of the general interests of education throughout the State.

Sec. 4. All necessary expenditures of moneys incurred by the Superintendent of Public Instruction in the discharge of his official duties, shall be paid out of any fund in the Treasury not otherwise appropriated, the amount being duly certified by the State Board of Education, and the Controller of State is hereby authorized to issue his warrants on the Treasurer for the same.

Suc. 5. He may annually call a State Convention of teachers and officers of Common Schools, and such convention may discuss and recommend improvements in teaching, and the management of schools, and a series of school books throughout the State, and may consider other subjects pertaining to public instruction ; provided, the State shall incur no expense from such convention.

Moneys—how expended.

Teachers.
Convention.

STATE TREASURER AND STATE CONTROLLER.

State Treasurer.

Sec. 6. It shall be the duty of the State Treasurer to receive and hold as a special deposit, all Common School moneys paid into the Treasury, and pay them over only on the warrant of the Controller of State, issued upon the order of the State Board of Education under the seal of said Board, and signed by the Superintendent of Public Instruction in favor of the County Treasurers ; which orders, duly endorsed by the County Treasurers shall be the only valid vouch

school money

ers in the hands of the State Controller for the disbursement of said Common School moneys.

Sec. 7. All school moneys due each county in the State, shall be State Controller. paid over by the State Treasurer to the County Treasurers on the

when paid. first day of January and the first day of July of each year, or as soon thereafter as the County Treasurers may apply for the same, upon the warrant of the Controller of State, drawn in conformity with the apportionment of the Superintendent of Public Instruction, as provided for in section three of this Act; provided, however, that no mileage nor allowance other than the commissions provided for by law, shall be made to any County Treasurer for receiving and transporting said money to his county. Sec. 8. The State Controller shall keep a separate and distinct How accounts

are to be kept. 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 appropriation, or otherwise, for the support of Common Schools.

Sec. 9. The State Controller shall, on or before the tenth day of Reports. June, and the tenth day of December, of each year, report to the Board of Education, who shall include the same in their annual report to the Legislature, a statement of the securities belonging to the Common School Fund, together with a particular statement of the moneys in the Treasury accruing on or before the first day of July and the first day of January next following, from the interest or income of the Common School Fund, or from State taxes, or appropriations, or from any other source for the support of Common Schools.

COUNTY SUPERINTENDENTS.

Sec. 10. A Superintendent of Common Schools shall be elected Duty of County in each county, at the general elections, and enter on the duties of Superintendent. his office on the first Monday of the month subsequent to his election. He shall hold office for two years, or until his successor is qualified, and shall take the oath of and give official bond to the county, in a sum to be fixed by the Board of Supervisors ; which bond shall be in a sum not less than double the estimated amount of school moneys to come into the County Treasury ; and the Assessors shall be and remain County Superintendents until their successors are elected as herein provided.

Sec. 11. The County Superintendent shall have power, and it samo. shall be his duty in accordance with the principles and provisions of this Act, and the instructions of the State Board of Education and the Superintendent of Public Instruction : First, To visit each school in the county under his control, personally, at least once a year, and to exercise a general supervision over the interests of Common Schools in his county, and give to the School Trustees, Marshals and Teachers such aid and counsel as may be important to the prosperity of the schools. Second, To aid the various School Trustees in the examination of teachers for public schools, and to see that the examination in all cases is sufliciently rigid and thorough. Third, To distribute promptly such blank reports, forms, laws and instructions, as shall be deposited in his office for the use of the School Trustees, Teachers and Marshals, and any other officers entitled to receive the same. Fourth, To draw his warrants on the County Treasurer in favor of,

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and deliver the same to, the persons entitled to receive the same ; provided, that no such warrant shall be drawn in favor of any city, town or school district, until full and correct returns shall have been made to him by the same, as required by law, and a certificate of the Trustees or Board of Education given, showing for what purpose, in accordance with this Act, the money is required. Fifth, To keep on file in his oflice the report of the School Trustees, Marshals and Teachers, received by him, and to record all his official acts as such County Superintendent, in a book to be provided for that purpose ; and at the close of his official term, to deliver to his successor such records and all documents, books and papers belonging to bis office, and to take his receipts for the same, which shall be filed in the office of the County Treasurer. Sixth, To make full report, in writing, annually, on or before the twentieth day or November, for the school year ending on the last day of October next previons thereto, to the Superintendent of Public Instruction ; such report to include an abstract of all the various annual reports of the City Boards of Education, School Teachers, Marshals and Teachers, by law required to be made to the County Superintendent for the preceding school year.

Sec. 12. Upon receiving notice from the County Treasurer, as provided in this Act, the County Superintendent shall apportion the Common School moneys in the County Treasury among the several towns, cities and school districts in proportion to the number of white children residing therein, between the ages of four and eighteen years, as shown by the last previous reports of the Common School Marshals, and other officers charged therewith ; and shall forthwith, in writing, notify the County Treasurer of such apportionment in detail ; and no school district shall be entitled to any portion of the Common School moneys in which there shall not have been taught a Common School for three months within the year ending on the last day of October previous.

Same.

COUNTY TREASURERS.

Duty of County
Treasurer.

ܪ

Sec. 13. It shall be the duty of the County Treasurer of each county : First, To receive and hold as a special deposit, all Common School moneys, whether received by him from the State Treasurer or any other source, or raised by the county for the benefit of Common Schools ; and to keep a separate account thereof, and of their disbursements. Second, On receiving any Common School moneys subject to distribution, to notify the County Superintenent of Common Schools of the amount thereof. Third, To pay over on the warrant of the County Superintendent, duly endorsed by the person entitled to receive the same, the several amounts of school moneys to which each city, town and district shall be entitled. Fourth, And on or before the first day of November, annually, to make a full report of the Common School moneys received into the County Treasury within the school year ending on the last day of October next previous thereto; with a particular statement of the disbursement of the said school moneys; and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State or county school fund, to the Superintendent of Public Instruction.

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