county recorder, in the county where said business, trade, profession or art is to be carried on or practised, and also to be advertised in some public newspaper of general circulation in said county, for three successive weeks, and if any newspaper be published in said county, said publication shall be made in the paper so published in said county. SEC. 3. After the declaration has been duly made and recorded, as . provided in the second section of this act, the person so making her declaration as aforesaid, shall be entitled to carry on said business, trade, profession or art, in her own name, and the property, revenue, moneys and debts, and credits so invested, shall belong exclusively to said married woman, and shall not be liable for any of the debts of her husband, and said married woman shall be allowed all the privileges and be liable to all the legal processes now or hereafter provided by law against debtors and creditors. SEC. 4. Any married woman availing herself of the benefit of this act, shall be responsible for the maintenance of her children. SEC. 5. No married woman shall commence or carry on business on her own account under the provisions of this act, when the amount originally invested in said business is more than five thousand dollars, unless the declaration provided for in section second, contain also a statement, under oath, that the surplus of money above five thousand dollars, invested in said business, did not come from any funds belonging to her husband. SEC. 6. The husband of the wife availing herself of the benefit of this act, shall not be responsible for any debts contracted by her in the course of the said business, without the special consent of her hus band, given in writing, nor shall his separate property be taken on execution for any debts contracted by her. SEC. 7. This act shall take effect and be in force from and after its passage. CHAPTER CLXXIX. AN ACT to establish a System of Common Schools.-[Passed May 3, 1852.] The People of the State of California, represented in Senate and ARTICLE I. OFFICERS. education. SECTION 1. The governor, the superintendent of public instruction, Board of and the surveyor general of the state, shall constitute, and are hereby constituted, a board of education. The governor shall be the president, and the superintendent of public instruction shall be the secretary of the said board. SEC. 2. In each of the towns, cities and villages in this state, Commissioners except as otherwise provided by this act, there shall be three commissioners of common schools, who shall be annually elected at the general election, and in the same manner as justices of the peace. commissioners. SEC. 3. The three commissioners of common schools, mentioned in Board of the last preceding section, alone, or any two of them, in conjunction with the county superintendent of common schools, or a justice of the peace of the town, city or village, shall constitute a board of commissioners of common schools for such town, city or village, as the case may be. marshal. SEC. 4. A constable in each town, city and village, duly elected Common school and qualified as such, to be selected and designated by the board of commissioners 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. of education. SEC. 5. The said board of education shall have a common seal, an Duties of board 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 January of each year shall report its shall report to doings to the legislature. legislature. and distribution SEC. 6. All school moneys due each county in the state shall be School moneys paid over by the state treasurer on the first day of January of each thereof. year, by order of the state board of education, upon the warrants 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 the only valid Warrants received for school lands to draw interest. Treasurer to keep separate record of the school fund. Common school fund to remain inviolate except as provided by law. State treasurer to report to board of educa tion the condi tion and amount of school fund. County assessor to be superintendent of common schools. In case of failure to elect school commissioners the county vouchers in the hands of the state treasurer for the disbursement of the said common school moneys. SEC. 7. Comptroller's warrants, drawn upon the general fund and paid into the state treasury for school lands, shall draw the same rate of interest and be entitled to all the preferences of civil bonds; and the state treasurer, on receiving any such warrants, shall endorse upon the same, 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 except by special act of the legislature. SEC. 8. 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 raised by state tax or special appropriation for the support of common schools; and no portion of the common school fund, nor of the interest or income thereof, nor of the moneys raised by state tax or specially appropriated for the support of common schools, shall be diverted to any other object or purpose. SEC. 9. The state treasurer shall, on or before the first day of December of each year, report to the board of education, who shall embody the same in their annual report to the legislature, a statement of the state securities belonging to the common school fund, together with a particular statement of the moneys in the treasury accruing from the interest or income of the common school fund, or from state taxes, or appropriations for the support of common schools. SEC. 10. The county assessor of each and every county in the state shall be, and he is hereby constituted the superintendent of common schools within and for his county. SEC. 11. In all cases of failure on the part of the people to elect commissioners, as hereinbefore provided, the county superintendent superintendent shall have authority to appoint the same. to appoint. County officers under this act to receive such compensation as court of sessions shall direct. SEC. 12. The county treasurers, superintendents, marshals, and commissioners of common schools, within the several counties, shall respectively 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 and expenses are audited and paid. (1) (1) Sections 5 to 12, both inclusive, are inserted from Stat. 1853, page 230. ARTICLE II. SCHOOL YEAR. SECTION 1. The common school year shall commence on the first day School year. of November, and end on the last day of October. ARTICLE III. DUTIES AND POWERS OF OFFICERS. marshal. children. SECTION 1. The marshals designated and selected by the boards of Duties of commissioners under the provisions of this act, for the respective towns, cities and villages, shall, in the month of October, annually, take a specific census of all the children within their respective pre- Census of cincts, between the ages of four and eighteen years, specifying the names of the children, of the parents or guardians of such children, and the town, city, village, and school district, within which they reside, and make full report thereof, in writing, under oath, to the county superintendent of common schools, and deliver a true copy thereof to the boards of commissioners in and for their respective towns, cities or villages, by the tenth day of November next thereafter. SEC. 2. The boards of commissioners of common schools of the seve- Board of commissioners, ral towns, cities and villages, shall have power, and it shall be their their duties. duty, within their respective jurisdictions: 1st. To select and designate, by writing, under their hands, one of Select marshal the constables within their respective jurisdictions, to be the common school marshal to take the census of the children. district. 2d. To constitute and define, and from time to time to alter the Location of boundaries of common school districts, and fix the location of school school houses. houses, in accordance with the expressed wishes of a majority of the qualified electors within such boundaries; but in case a majority of such voters shall not agree therein, then, and in that case, the said board of commissioners shall, in their discretion, constitute such common school district, define the boundaries thereof, and fix the location of school houses according to their own best judgment, and make definite reports thereof in writing, under their hands, to the county superintendent, within ten days thereafter. sioners to receive 3d. To receive the common school money from the county treasurer, County commisand disburse the same for the support of common schools in accord- and disburse ance with the principles and provisions of this act. (1) school moneys. 4th. To superintend the erection and repairs of all school houses General (1) Amendment inserted from Stat. 1853, page 231. supervision. Meetings. Certificates. Teachers salaries. May expel pupils. Board of visitors. General instructions. • Records and finance. To report to superintendent tion a statement in the several common school districts, or appoint a building committee in such districts respectively, for that purpose, who shall be subject to the instruction and supervision of such board of commissioners of common schools; to distribute the blank forms, laws and instructions received by them from the county superintendent to the common school marshals and teachers, who shall be by the provisions of this act entitled to receive the same. 5th. To hold meetings so often as they shall deem necessary for the examination of persons proposing to become common school teachers under the provisions of this act; and to grant certificates of approbation and recommendation to such as they shall find, on a rigid and thorough examination and investigation, to be persons of good moral character, of sufficient learning and ability for teaching, having a special regard to their ability to impart knowledge-and to no others -and to revoke any such certificate at pleasure. All such certificates shall remain in force during one year from and after their respective dates, unless sooner revoked, and no longer; and any certificate, otherwise granted, shall be void. 6th. To employ and fix the salaries and terms of service of the common school teachers. 7th. To suspend or expel from any such common school, with the advice of the teacher, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein. 8th. To apportion the common schools among the members of the board, in such manner that at least one of the said commissioners shall visit and ascertain the character, progress and prospects of each school, and report the same to the full board, once a quarter. 9th. To carry out and execute their powers and duties, as conferred and imposed by this act, in accordance with the instructions of the state board of education, and in manner and in form as shall be prescribed by the superintendent of public instruction. 10th. To make and keep a record of all their official acts and decisions, and a strict and particular account of all bills audited and certified to the county superintendent; said record and account, together with the vouchers relating thereto, shall be subject, at all times, to the inspection and examination of the state superintendent of public instruction, or the county superintendent of common schools. 11th. To report to the superintendent of public instruction, and of public instruc- to the county superintendent of common schools, of their respective counties, on or before the fifteenth day of November, annually, the amount of all expenditures on account of schools in their respective of the condition of their district. |