had been sold, yielding $474,880—the annual interest of which, at seven per cent., amounts to $33,241 60. In addition to this source of revenue, it is provided that one-fourth of the money paid into the State Treasury for polltaxes, shall be placed in the Common School Fund and distributed semi-annually to the various counties in the same manner as the interest arising from the sale of School Land Warrants.

During the fiscal year ending June 30, 1856, the receipts into the Treasury from poll-taxes, amounted to $63,533 92, one-fourth of which, $15,883 48, was therefore placed to the credit of the School Fund. For the fiscal year ending June 30, 1857, the proceeds of the poll-tax paid into the Treasury amounted to $61,802 42, of which $15,450 60 went to the Schools. From July 1st, 1857, to June 30th, 1858, the receipts into the State Treasury from the same source, amounted to $81,872 43, the School Fund's proportion of which would be $20,468 11.

In addition to these sources of revenue there is another resource, merely nominal, however, as experience has shown. It is provided by Acts of April 30th, 1855, and April 19th, 1856, that the proceeds of the sales of all escheated estates shall be placed to the credit of the School Fund, but as no such estates have yet been recovered, the provision is practically worthless.

Congress has donated to California seventy-two sections, amounting to 46,080 acres, for the establishment and support of a State University. The Act of April 23, 1858, provides for the selection and sale of these lands at $125 per acre, payable in cash. At the expiration of one year from the passage of the Act, the sum of $57,600 is to be taken from any moneys belonging to the School Fund and invested in State Bonds, to be kept as a special deposit, marked "Seminary Fund."

All interest paid into the Treasury on these Seminary Bonds is in like manner to be invested in State Bonds.

In his last annual report to the Legislature, the Superintendent of Public Instruction earnestly advocates the adoption of immediate measures for the establishment of the University, and at great length argues the advantages of the military system, after the plan of West Point.

The idea was received with much favor throughout the State, and the Legislature so far indorsed it as to memorialize Congress to grant to California the Monterey Redoubt for the purposes of a Military Academy.

Congress has also donated to California the sixteenth and thirty-sixth sections (1,280 acres) in every township of six miles square, for the use of the Schools. It is estimated that the State is entitled to very nearly 6,000,000 acres of land under this law-a magnificent fund, if properly managed, for the support of schools and colleges, throughout all time to come.

The last Legislature, by Act approved April 26, 1858, provided for the

sale of these school sections at not less than two dollars per acre, the proceeds to be used for the support of schools in the particular township in which the lands are located.

Besides the revenue derived from the State, each county is authorized to levy a special tax for the support of Public Schools, not exceeding ten cents on each $100 of valuation. Such authority is exercised, and in a number of counties yields quite a handsome amount. In the cities of San Francisco, Sacramento, Stockton, Benicia, and probably others, pupils are taught in the public schools free of charge, but in other districts the patrons of the schools make up the deficiency of the State and County Fund.

The superintendence of the education of the youth of the State is intrusted by the Constitution, to an officer styled the "Superintendent of Public Instruction." He is elected at the general election, and holds his office for three years.

In this connection much valuable information regarding the operation of the School System will be found in the following most important sections of the School Law, approved May 3d, 1855, as amended by Acts of March 28, 1857, and April 26, 1858.

COUNTY SUPERINTENDENTS.

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SECTION 10. Unless otherwise provided, by special law, a Superintendent of Common Schools shall be elected in each county at the general elections, before the term of office of the present incumbents shall expire, and shall enter on the duties of 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 elected and qualified, and shall take the oath of office, and give official bond, 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 each year; provided, that in the counties of Tuolumne, Stanislaus, Los Angeles, Monterey, Santa Cruz and Sonoma, the County Clerk of each of said counties, shall be ex officio Superintendent of Common Schools for the county. SEC. 11. The County Superintendent shall have power, and it 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 sufficiently 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, 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 office 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 his 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 20th day of November, for the school year ending on the last day of October next previous 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.

COUNTY TREASURERS.

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 disbursement. Second, On receiving any Common School moneys subject to distribution, to notify the County Superintendent of Common Schools of the amount thereof. Third, To pay over on the warrant of the County Superintendent, duly indorsed 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.

SCHOOL TRUSTEES.

SEC. 14. In each School District of this State, unless otherwise provided by law, there shall annually be elected three Common School Trustees, by the qualified electors in the district, at a School District meeting, to be held on the first Saturday in April, and the district officers shall give at least one week's notice of the time and place of said meeting, which shall be at the School House, if there be one. Such Trustees are required to take the oath of office, and to file the same, with their certificates of election, in the office of the County Superintendent, and they shall enter on their duties on the second Monday subsequent to their election, and shall hold their office for one year, or until their successors are elected and qualified.

SEC. 15. In all cases of failure on the part of the people to elect Trustees as herein provided, and also upon this Act taking effect, and when vacancies occur, and when a new district is formed, the County Superintendent shall appoint the same.

SEC. 16. The School Trustees of the several school districts shall have power, and it shall be their duty within their respective jurisdiction: First, To select and designate a Common School Marshal, and file a certificate of his appointment in the office of the County Superintendent. Second, To fix the

location of school houses in accordance with the expressed wishes of a majority of the qualified electors within their districts, expressed at a district meeting, to be called on at least five days' notice by the Trustees; but in case a majority of such voters shall not agree thereon, then the said Trustees may fix the location of school houses according to their own best judgment. Third, To superintend the erection and repairs of all school houses; to distribute the blank forms, laws and instructions received by them, to the persons by law entitled to receive the same. Fourth, To examine persons proposing to become school teachers, under the provisions of this Act, and to grant certificates of approbation and recommendation to each [such] as they shall find, after 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, first giving reasonable notice to the person holding the same; 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. Fifth, To employ and fix the salaries and time of service of Common School teachers. Sixth, 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. Seventh, To arrange among themselves in such a manner that at least one of the Trustees shall visit and ascertain the character, progress and prospects of each school, at least once a month. Eighth, 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 form, as shall be prescribed by the Superintendent of Public Instruction. Ninth, To make and keep a record of all their official acts and decisions, and a strict and particular account of all moneys received and disbursed, and all bills audited and paid; said record and account together with the vouchers relating thereto, shall be subject at all times, to the inspection and examination of the Superintendent of Public Instruction, or the County Superintendent, or any elector of the School District. Tenth, To report to the County Superintendent of their respective counties, on or before the first day of November, annually, the amount of all expenditures on account of schools in their respective precincts during the previous school year, ending on the last day of October, and the manner in which the same shall have been expended; specifying what portion and amount thereof has been expended for the services of legally qualified teachers; the amount which during that time shall have been raised in the several Common School districts, by subscription or otherwise, and allowed to such qualified teachers as salary or compensation; the names of the teachers employed, and the time of service, and the salaries paid to each; the number of pupils taught, and the average attendance and progress of the pupils in each school organized and taught under the provisions of this Act; and such other statistics as shall be directed by the Superintendent of Public Instruction. Eleventh, And at the close of their official term, to deliver over their books of records, and all papers, books, blanks, documents, moneys, and all other property in their hands as such Trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the County Superintendent; provided, that if the Trustees neglect to make returns as herein required, the district shall still be entitled to its portion of school money, if proof satisfactory to the Superintendent of Public Instruction be made in writing, and filed with the State and County Superintendent, showing the facts required to be reported by the Trustees.

The Act of April 26th, 1858, confers the following additional powers upon the Trustees:

SEC. 2. The Board of Trustees of any school district in this State, where a public school has been kept for the period of four consecutive months or more, in the school year, and when there is not sufficient money in the county treasury to the credit of the school fund of said district, to defray one-half of the expenses of another term of said school, of four months' duration, may, when in their judgment the same shall be advisable, call an election, and submit to the qualified electors of said district, the question whether they will be taxed to pay the expense of an additional term of said school. *

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SEC. 4. The voting at said election shall be by ballot, on which ballot shall be written or printed the words, "Tax-Yes," or "Tax-No;" and if a majority of the votes polled at such election shall be in favor of such tax, the Board of Trustees shall be empowered, and it is hereby made their duty, to levy and cause to be collected, a special tax, at the rate specified in their notice, on all the real and personal property in said district subject to taxation, which fund so raised shall be paid into the County Treasury to the credit of said School District, and shall be applied to the payment of the expenses of said additional term, and to no other purpose whatever; provided, however, that in case there should be a surplus remaining after the expenses of said term have been paid, the amount of said surplus shall be subject to the order of the Board of Trustees, as in other cases; and, provided further, that any deficiency in said fund shall be raised by ratio bill from those sending children to said school.

SEC. 6. The Board of Trustees of any school district, which is not provided with a suitable school house, and where one may be necessary, shall have power to call an election, after due notice, as provided for in section three; at which election, the question, whether or no they will be taxed for the purpose of building a school house, shall be submitted to the qualified electors of said district. Before calling said election, the Trustees shall cause to be made, and shall decide upon, some plan for said school house, with estimates of the expense necessary to be incurred in building [the] same, and shall, in their notice of said election, state the amount of money required, the rate of tax necessary to be levied, and shall also state where the plan and specifications can be seen, which shall be in the most convenient and central place in said district.

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SCHOOL DISTRICTS.

SEC. 20. Until otherwise determined and established by the proper authorities, each city and each town or township in this State shall constitute one school district.

SEC. 21. Upon [a] petition being presented to the Board of Supervisors, such Board shall, except in incorporated cities and towns which have made provisions for schools within their respective limits, have the power to constitute and establish school districts, and to define and to alter the boundaries thereof, in accordance with the wishes of the qualified electors in the respective precincts, and as the best judgment of the said Board may direct.

SCHOOL MARSHALS.

SEC. 18. The Marshals selected and designated by the Trustees under the provisions of this Act, shall, in the month of October, annually, take a specific census of all the white 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 such children, and the town, city and school district within which they reside, and make full report thereof in writing, under oath, to the County Superintendent of Common Schools, and to deliver a true copy thereof to the Trustees in their respective school districts by the tenth day of November next, thereafter.