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Endorsements upon the same Bond.-Official Bond.
A. B., Public Administrator.

City and County of San Francisco.
Penalty, $50,000.

Dated, September 15th, 1859.
Approved this 16th day of September, 1859.

E. W. BURR, Pres. Board Supervisors.
ETTING MICKLE, City and County Auditor.
M. C. BLAKE, County Judge.

Filed this 16th day of September, 1859.

ETTING MICKLE, City and County Auditor.

Commission.

The People of the State of California to all to whom these presents shall come, greeting:

Know ye, that whereas Thomas W. Freelon, on the seventh day of September, in the year of our Lord eighteen hundred and fifty-three, was duly elected judge of the county of San Francisco, for the full term, as appears from the returns of election on file in the office of the secretary of state;

Now, therefore, I, John Bigler, governor of the state of California, do by these presents commission the said Thomas W. Freelon as judge of said county as aforesaid, to enter upon the duties of the office on the first Monday of April A. D.. 1854, to have and to hold said office, with all the powers, privileges and. emoluments to the same of right appertaining, unto him the said Thomas W. Freelon, for the term prescribed by law.

In testimony whereof, I have caused the great seal of the state of California to be hereunto affixed.

Given under my hand at Benicia the twenty-sixth day of September in the year of our Lord eighteen hundred and fifty-three. JOHN BIGLER.

[L. S.]

Attest: J. W. DENVER, Secretary of State.

Certificate of Election.

United States of America,

State of California,

City and County of San Francisco.

Office of the County Clerk of the City

and County of San Francisco.

I, William Duer, county clerk of said city and county, do hereby certify, that at an election held in said city and county of San Francisco, on Wednesday, the first day of September, Anno Domini one thousand eight hundred and fifty-eight,

was elected.

Witness my hand and the seal of the county court of the city and county of San Francisco, this

185

State of California,

City and County of San Francisco.

day of

A. D.

County Clerk.

I, do solemnly swear that I will support the constitution of the United States of America, and the constitution of the state of California: and that I will faithfully discharge the duties to the best of my ability. So help me God. Subscribed and sworn to before me, this A. D. 1858.

of

day of

CHAPTER XXX V.

SCHOOLS.

UNDER the constitution of California, the subject of education is treated with great liberality and importance, and provision is made for the encouragement of a state university, and a system of common schools.

A general outline of the system of school education adopted by our statutes, is all that can be given within the limits of the present work.

By the law of 1855, passed for the establishment and regulation of common schools, the whole state is divided into districts, called school districts; it being provided that each town or township shall constitute one district, until otherwise determined and established by the proper authorities; that the board of supervisors of a county may, upon petition, establish and regulate the boundaries of districts in their own county; and that incorporated cities and towns may, within their respective limits, establish their own districts.'

For the regulation of each district, a board of three trustees is annually elected; except where, in cities, a board of education is established. To the trustees are assigned the duties of locating and erecting school-houses, of examining and appointing teachers, of fixing the salaries of teachers, of suspending or expelling pupils, of visiting the schools, of appointing a common school marshal, and of making the division of primary, grammar and high schools."

They are also required to observe the instructions of the state board of education, and of the superintendent of public instruction; to distribute blank forms, laws and instructions; to keep open records of their acts and decisions, and money accounts; and to report annually in relation to their expenditures, the

1 Wood's Dig. art. 3213-8215.

2 id. 3210-3217.

teachers, the moneys received, the number, attendance and progress of pupils, and such other statistics as may be directed.

They may also, under certain circumstances, call an election, and submit to the qualified voters of the district, whether they shall be taxed for an additional term of school, and may also call an election upon the question of a tax for building a schoolhouse.1

The county superintendent has a supervision over the interests of the schools in his county; and it is his duty to visit, personally, each school, at least once a year; to give aid and counsel to the trustees, marshals and teachers; to aid the trustees in their examination of teachers; to distribute promptly the blank reports, forms, laws and instructions; to file the reports of the trustees, marshals and teachers; to keep a record of his acts, and to report annually to the superintendent of public instruction.' Such report should include abstracts of the annual reports of trustees, marshals and teachers, required by the act of 1858 to be made.'

He is also required to make the apportionment of the common school moneys in the county treasury, among the several school. districts, in proportion to the number of white children residing therein between the ages of four and eighteen years; and to draw warrants on the county treasurer for the payment of such moneys.* The state board of education is composed of the governor, the superintendent of public instruction, and the surveyor-general of the state.

The superintendent of public instruction has the general supervision and management of the school interests of the state. His duties, in the words of the statute, are as follows:

. It shall be the duty of the superintendent of public instruction, by and with the advice, and subject to the supervision of the state board of education: 1. 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 instruc

1 Wood's Dig. art. 3210.

2 Laws 1858, p. 334, 385.

Wood's Dig. art. 3206

4 Laws 1858, p. 334.

5 Wood's Dig. art. 8206, § 11, 8207, 8205, 3217; Laws 1858, p. 834.

tions and forms, for the supply of the common school officers in the county. 2. By all proper means in his power to disseminate intelligence among the people in relation to the method and value of education. 3. To exercise a general supervision over such normal schools and teachers' institutes as may by law be established. 4. Immediately after the state controller has made his semi-annual 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 therewith, 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 county 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. 5. 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 common schools established under the provisions of this act: the amount of common school moneys apportioned to each county; the amount of moneys raised and expended by any county, town, city, or school district for the support 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 quali fication 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.'

1 Wood's Dig. art. 8201.

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