University of California • Berkeley 
 In Memory of 
 
 FRANCIS OVERSTREET KELSEY 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/acttoestablishsyOOcalirich 
 
AN ACT 
 
 TO 
 
 ESTABLISH A SYSTEM 
 
 OF 
 
 COMMON SCHOOLS, 
 
 IN THE 
 
 STATE OF CALIFORNIA; 
 
 ANt) 
 
 OTHER ACTS 
 
 PROVIDING FOR THE REVENUE OF THE SAME, 
 
 WITH 
 
 EXPLANATORY FORMS. 
 
 -o^- 
 
 BY JOHN G. MAKVIN, LL. B, 
 
 UPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 ■O^ 
 
 SACRAMENTO : 
 
 PRINTED AT THE DEMOCRATIC STATE JOURNAL OFFICE 
 
 1852. 
 
m- 
 
 
 1K4 
 
AN ACT 
 
 TO 
 
 ESTABLISH A SYSTEM 
 
 COMMON SCHOOLS, 
 
 STATE OF CALIFORNIA; 
 
 AND 
 
 OTHER ACTS 
 
 PROVIDING FOR THE REVENUE OF THE SAME, 
 
 WITH 
 
 EIPLANATOEY FOEMS. 
 
 BY JOHN G. MARVIN, LL. B., 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 SACRAMENTO ; 
 
 PRINTED AT THE DEMOCRATIC STATE JOURNAL. OFriCK, 
 
 1852. 
 
PREFACE. 
 
 The laws of the past session of the Legisla- 
 ture contained in this pamplet, are the first effect- 
 ive efforts that have been made on the part of the 
 State, for the establishment and support of Free Com- 
 mon Schools. They are based upon the following 
 Article of the Constitution : 
 
 ARTICLE IX. 
 
 EDUCATION. 
 
 Sec. 1. " The Legislature shall provide for the election, by the 
 people, of a Superintendent of Public Instruction, who shall hold his 
 office for three years, and whose duties shall be prescribed by law, 
 and who shall receive such compensation as the Legislature may 
 direct. 
 
 Sec. 2. The Legislature shall encourage, by all suitable means, 
 the promotion of intellectual, scientific, moral, and agricultural im- 
 provement. The proceeds of all lands that may be granted by 
 the United States to this State for the support of Schools, 
 which may be sold or disposed of, and the 500,000 acres of land 
 granted to the new States under an Act of Congress distributing 
 the proceeds of the Public Lands among the several States of 
 the Union, approved A. D. 1841 ; and all estates of deceased per- 
 sons, who may have died without leaving a will, or heir, and also 
 such per cent, as may be granted by Congress on the sale of lands 
 in this State, shall be and remain a perpetual fund, the interest of 
 which, together with all the rents of the unsold lands, and such 
 other means as the Legislature may provide, shall be inviolably 
 appropriated to the use of Common Schools throughout the State. 
 
 Sec. 3. The Legislature shall provide for a system of Common 
 Schools, by which a School shall be kept up and supported in each 
 district, at least three months in every year ; and any school district 
 neglecting to keep up and support such a School, may be deprived of 
 its proportion of the interest of the public fund during such neg- 
 lect. 
 
 Sec. 4. The Legislature shall take measures for the protection, 
 improvement, or other disposition of such lands as have been, or 
 
VI. 
 
 maybe hereafter reserved or granted by the United States; or any 
 person or persons, to this State for the use of a University ; and the 
 funds acruing from the rents or sale of such lands, or from 
 any other source for the purpose aforesaid, shall be and remain a 
 permanent fund, the interest of which shall be applied to the sup- 
 port of said University, with such branches as the public con- 
 venience may demand, for the promotion of literature, the arts and 
 sciences, as may be authorized by the terms of such grant. And 
 it shall be the duty of the Legislature, as soon as may be, to pro- 
 vide effectual means for the improvement and permanent security 
 of the funds of said University." 
 
 By section 3rd of the above Article, anclsection 4th, 
 page 7, of the School law, it will be seen that the in- 
 habitants of each School district, are required to sup- 
 port a School for three months during the year, to en- 
 title them to their distributive portion of the reven- 
 ue of the School fund. 
 
 It is to be hoped that all of the requirements of the 
 School law will be complied with, since upon them, 
 depend the value and usefulness of our Common 
 Schools. 
 
 Under the existing statutory provisions, it is esti- 
 mated that not less than $80,000 w^ll accrue during 
 the present year for distribution, among those districts 
 which comply with the law. 
 
 Separate Blanks will be prepared and furnished the 
 County Superintendents for distribution, with all con- 
 venient despatch. 
 
 JOHN G. MARVIN, 
 
 Vallejo, May 15, 1852. Sup. Pub. Instruction. 
 
 Correction.— In Forms Nos. X and XI, pages 19 and 20, insert four instead 
 of fiye years. 
 
AN ACT 
 
 TO 
 
 ESTABLISH A SYSTEM OF COMMON SCHOOLS. 
 
 The People of the State of California represented in Senate and 
 Assembly, do enact as follows : 
 
 ARTICLE I. 
 
 OFFICERS. 
 
 Sec. 1. The Governor, the Superintendent of Public Instruc- 
 tion, 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. The County Assessor of each and every county in this 
 State, shall be, and he is hereby constituted the Superintendent of 
 Common Schools within and for his county, (a) 
 
 Sec. 3. In each of the towns, cities and villages in this State, 
 except as otherwise provided by this act, there shall be three Com- 
 
 (o) N. B. Section 2 was in the engrossed bill that passed, but was accidentally 
 omitted in the enrolled bill. 
 
[2] 
 
 missioners of Common Schools, who shall be amiuallj elected at the 
 general election, and in the same manner, as Justices of the Peace. 
 
 Sec. 4. The three Commissioners of Common Schools, men- 
 tioned in 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 con- 
 stitute a Board of Commissioners of Common Schools for such 
 town, city or village, as the case may be. 
 
 Sec. 5. A Constable in each town, city and village, duly elect- 
 ed 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. 
 
 ARTICLE II. 
 
 SCHOOL YEAR. 
 
 Sec. 1. The Common School year shall commence on the first 
 day of November, and end on the last day of October. 
 
 ARTICLE III. 
 
 duties and pov^ters or officers. 
 
 Sec. 1. The Marshals designated and selected by the Boards 
 of Commissioners under the provisions of this Act, for the respec- 
 tive towns, cities and villages, shall in the month of October, an- 
 nujEilly, take a specific census of all the children within their res- 
 pective precincts, between the ages of four and eighteen years, 
 specifying the names of the childi-en, 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 
 
[3] 
 
 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 several towns, cities and villages, shall have power, and it shall 
 be their duty, within their respective jurisdictions : 
 
 1. To select and designate, by writing, under their hands, one 
 of the Constables within their respective jurisdictions, to be the 
 Common School Marshal to take the census of the children. 
 
 2. 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 with the expressed wishes of a majority 
 of the qualified electors within such boundaries ; but in case a ma- 
 jority of such voters shall not agree therein, then, and in that case, 
 the said Board of Commissioners shall, in their discretion, consti- 
 tute such Common School Districts, define the boundaries thereof, 
 and fix the locations 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. 
 
 3. To audit and certify to the Superintendent of Common 
 Schools, all accounts payable out of the State or county school 
 fund, specifying what portion of said school fund is chargeable 
 with the same. 
 
 4. To superintend the erection and repairs of all School Houses 
 in the several Common School Districts, or appoint a Building 
 Committee in such districts respectively, for that purpose, who 
 shall be subject to the instructions 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. 
 
 5. To hold meetings so often as they shall deem necessary for 
 the examination of persons proposing to become Common School 
 
[4] 
 
 Teachers, under the provisions of this Act ; and to grant certifi- 
 cates 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 abili- 
 ty 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. 
 
 6. To employ and fix the salaries and terms of service of the 
 Common School Teachers. 
 
 7. To suspend or expel from any such Common School, with the 
 advice of the Teacher, any pupil who will not submit to the rea- 
 sonable and ordinary rules of order and discipline therein. 
 
 8. To apportion the Common Schools among the members of the 
 Board, in such manner that at least one of the said Commission- 
 ers shall visit and ascertain the character, progress and prospects 
 of each school, and report the same to the full Board, once a 
 quarter. 
 
 9. To carry out and execute their powers and duties, as confer- 
 red 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. 
 
 10. To make and keep a record of all their official acts and de- 
 cisions, 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 sub- 
 ject, at all times, to the inspection and examination of the State 
 Superintendent of Public Instruction, or the County Superinten- 
 dent of Common Schools. 
 
[5] 
 
 11. To report to the County Superintendent of Common Schools 
 of their respective counties, on or before the 15th 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 amounts 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 ; 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 required by the Superintendent 
 of Public Instruction. 
 
 12. And, at the close of their official term, to deliver over their 
 Book of Records, and all papers, books, blanks, and documents 
 in their hands, as such Commissioners, to their successors in office, 
 and take their receipt for the same, which receipt shall be filed 
 with the County Superintendent. 
 
 Sec. 3. The County Superintendent of Common Schools in and for 
 each County, shall have power, in accordance with the principles 
 and provisions of this Act, and the instructions of the State Board 
 of Education, and of the Superintendent of PubUc Instruction : 
 
 1. To exercise a general supervision over the interests of Com- 
 mon Schools in his County, and to give to the Commissioners of 
 Common Schools, the Common School Marshals, and Common 
 School Teachers, such aid and counsel as may be important to the 
 prosperity of the Schools. 
 
 2. To distribute promptly to the Commissioners of Common 
 Schools, such blank Reports, Forms, Laws and instructions as shall 
 
[6] 
 
 be deposited in his office by the Superintendent of Pubhc Instruc- 
 tion — for the use of the Commissioners, Teachers and Marshals, 
 and any other officers within the several counties entitled to the 
 same. 
 
 3. To draw his warrants on the County Treasurer in favor of, 
 and deliver the same to, the persons holding accounts audited and 
 certified by the Boards of Commissioners of Common Schools, un- 
 der the provisions of this Act ; Provided, that no such warrant 
 shall be drawn until full and correct returns shall have been made 
 to him by said Board of Commissioners. 
 
 4. To appoint, upon the passage of this Act, three qualified 
 electors of each town, city and village, within his county (unless 
 otherwise provided by law,) to be Commissioners of Common 
 Schools therein, until the next general election, who shall exercise 
 all the powers, and perform all the duties hereinbefore conferred 
 and imposed upon Commissioners of Common Schools, until super- 
 seded by an election, and from time to time to fill, by such appoint- 
 ment, any vacancy which shall occur in any Board of Commision- 
 ers of Common Schools, until a new election. 
 
 5. To keep on file in his office the Reports of the Common School 
 Marshals and of the Commissioners of Common Schools, received 
 by him, and to record the material parts thereof, together with all 
 his official acts as such County Superintendent of Common Schools, 
 in a book to be provided for that purpose, and at the close of his 
 official term, to deliver over to his successor, such records, and all 
 documents, books and papers belongmg to his department, and take 
 his receipt for the same, which shall be filed in the office of the 
 County Treasurer. 
 
 6. To make full report in writing, annually, in the month of 
 November, for the school year, ending on the last day of October 
 next previous thereto, to the Superintendent of Public Instruction, 
 and deliver a copy thereof to the County Treasurer of his Coun- 
 
[7] 
 
 ty, in such form and manner as shall he prescribed hy the said 
 Superintendent of Public Instruction. 
 
 Sec. 4. The Common School moneys in the County Treasuries, 
 shall be apportioned among the several towns, cities, and villages, 
 in proportion to the number of children residing therein, between 
 the ages of five and eighteen years, as shown by the last previous 
 reports of the Common School Marshals, and other officers charg- 
 ed therewith ; and no School District shall be entitled to any por- 
 tion of the Common School moneys, in which there shall not have 
 been taught, by a legally qualified Teacher, a Common School for 
 three months, withm the year ending on the last day of October, 
 and one half of the compensation of said Teacher paid by the in- 
 habitants of said district. 
 
 Sec. 5. It shall be the duty of the County Treasurer of each 
 and every county : 
 
 1. To receive and hold, as a special deposit, all Common School 
 moneys, whether received by him from the State Treasury or rais- 
 ed by the County, for the benefit of Common Schools, and to keep 
 a separate account thereof, and of their disbursements. 
 
 2. On receiving any Common School moneys for distribution, to 
 notify the County Superintendent of Common Schools, of the 
 amount thereof, and the shares to which the several towns, cities, 
 villages, and School Districts are entitled, under the provisions 
 of this Act. 
 
 3. To pay over, on the warrant of the County Superintendent, 
 duly endorsed by one or more of the commissioners aforesaid, 
 and by the teacher or other persons to whom due, the several 
 amounts of Common School moneys to which each district shall 
 be lawfully entitled. 
 
 4. And on or before the fifteenth day of November, annually, 
 to make 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 such School moneys which may remain in his hands for dis- 
 ti'ibution, at the close of such School year, to the State Superin- 
 tendent of Public Instruction. 
 
 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 to pay them over only by order of the State 
 Board of Education upon the warrant 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 vouch- 
 ers in the hands of the State Treasurer for the disbursement of the 
 said common school moneys. 
 
 Sec .7. The school moneys distributed to the various Counties 
 of this State from the State School Fund, shall not be issued for 
 any other purpose than the payment of the salaries of qualified 
 Teachers under this Act ; and no portion of said fund shall either 
 directly or indirectly, be paid for the erection of school houses, 
 the use of school rooms, furniture or any other contingent expen- 
 ses of common schools. 
 
 Sec. 8. Not less than fifty per cent, of the school fund raised 
 by county tax and paid into the county treasury, shall be paid 
 for any other purpose than the payment of qualified teachers ; and 
 the residue of the moneys distributed to the several districts. — 
 From the County school fund may be appropriated, for the pur- 
 chase of a district school library, to build a district school house, 
 or such other contingent expenses of the school, as the School Com- 
 missioners of each district shall determine. 
 
[9] 
 ARTICLE IV. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 Sec. 1. It shall be the duty of the Superintendent of Public In- 
 struction, and he is hereby empowered, by and with the advice, 
 and subject to the supervision of the State Board of Education. 
 
 1. To prepare and cause to be published in connection with this 
 Act, suitable instructions and fonns for the direction of the Super- 
 intendents, Commissioners, Marshals, and Teachers of common 
 schools ; and to cause to be deposited in the office of each County 
 Superintendent a sufficient number of copies, (in his discretion,) 
 of this Act, and of the said instructions and forms for the supply 
 of the common school officers therein. 
 
 2. By lectures and by letters, publications and personal inter- 
 views with the friends of popular education in the State, to endeav- 
 or, to the extent of his ability, to disseminate intelligence among 
 the people in relation to the methods and value of education, 
 and especially in relation to common schools, and to endeavor to 
 secure the sympathies and co-operation of the people in all Educa- 
 tional measures which may be adopted by the Legislature. 
 
 3. To open a correspondence with Officers and Boards of Edu- 
 cation in other States, and by means of the exchange of letters and 
 reports with them, to make himself acquainted with the progress of 
 educational movements and the details of public school systems in 
 other States, to the end that the best possible system of education 
 may be adopted for this State. 
 
 4. To exercise a general supervision over such Normal Schools, 
 Teachers Institutes, and High Schools, as may by law be estab- 
 lished. 
 
 5. Immediately after the State Treasurer shall have made his 
 annual report, as hereinbefore required, to apportion to the several 
 counties, towns, cities, villages and school districts, the amount of 
 
[10] 
 
 school moneys in the State Treasury to which each shall be enti- 
 tled under the provisions of this Act, and thereupon to make a 
 record thereof in the book of records to be kept by the State Board 
 of Education, and furnish to each County Treasurer and to eaxjh 
 County Snperintendent an abstract of such apportionment, specify- 
 ing the amounts of common school moneys to which the several 
 towns, cities, villages and school districts are entitled ; and with 
 such apportionment, to furnish to each County Treasurer his war- 
 rant on the State Treasurer, under the Seal of the State Board 
 of Education, for the amount of school moneys in the State Treas- 
 ury to which such County shall be legally entitled, under the ap- 
 portionment above specified, and take such County Treasurer's 
 receipt for the same. 
 
 6. To present to the Legislature at the commencement of the 
 next session, and thereafter annually at the commencement 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 children in each county, between the ages of five and eighteen 
 years ; the number of such attending common schools, under the 
 instruction of teachers qualified and employed under the provisions 
 of this Act ; the amount of common school moneys apportioned to 
 each county ; the amount thereof expended in teacher'^s salaries j 
 the erection and repairs of common school houses j in the purchase 
 of common school libraries and apparatus ; the amount of moneys 
 raised and expended in and by any county, town, city, village or 
 school district for the support of common schools therein under the 
 instruction of teachers holding valid certificates from the Boards of 
 Commissioners of common schools, and duly employed and reported 
 by such Commissioners as hereinbefore provided, together with 
 auch suggestions as he may de&m it expedient to make., in relation 
 
Ill] 
 
 to the construction of school houses, the improvement and bet- 
 ter management of common schools, the qualifications of common 
 school teachers, the character and kinds of school books most suit- 
 able for use in common schools, the ways and means for raising 
 funds for the support of common schools and providing suitable, 
 houses therefor, and for the promotion of the general interests of 
 education throughout the State 
 
 7. And to superintend the printing and distribution of his annual 
 reports in such manner as the Legislature shall from time to timo 
 direct. 
 
 ARTICLE V. 
 
 CITIES. 
 
 Sec. 1. The common council of each and every incorporated 
 city in this State shall be, and hereby are authorized and empow- 
 ered : 
 
 1st. To raise annually, by tax upon the real estate and per- 
 sonal property within the city, as estimated by the city assessors, 
 whatever amount of money shall be requisite, not to exceed three 
 cents on each $100 of valuation, for the support of a competent 
 number of free common schools therein, and providing and furnish- 
 ing suitable houses therefor. 
 
 2. To provide, by ordinance, for the collection, custody and 
 disbursement of the moneys thus raised, by city tax, for school 
 purposes. 
 
 3. To provide, by ordiuance, for drawing from the county 
 treasury, on the warrant of the county superintendent of common 
 schools, the common school moneys to which such city shall be en- 
 titled, under the provisions of this Act, and for the custody and 
 disbursement of such common school moneys, in accordance with 
 the previsions of this Act 
 
[12] 
 
 4. To provide, by ordinance, for tlie examination of common 
 school t3acliers, the regulation of common schools within the city, 
 the census or enumeration of the children, and for making the an- 
 ual and other reports to the County Superintendent of common 
 schools. 
 
 5. To provide, by ordinance, for the election or appointment 
 of a city board of education and Superintendent of common schools, 
 and prescribe their powers and duties, and — 
 
 6. To ordain all such rules and regulations as they may deem 
 expedient and necessary for the promotion of the interests, pros- 
 perity and usefulness of the common schools within the city; Pro- 
 vided, that the common council shall not make any ordinance nor 
 do any act which shall be in conflict with the principles or provisions 
 of the constitution of the State or of any act of the Legislature. 
 
 Sec. 2. No board of commissioners, nor marshals elected or 
 appointed under the foregoing provisions of this Act, shall have 
 any jurisdiction or control, within the chartered limits of any city 
 which shall have provided for the support, regulation and manage- 
 ment of common schools therein, under the provisions of this 
 chapter. 
 
 ARTICLE VL 
 
 SCHOOLS. 
 
 Sec. 1. No common school shall receive any benefits or immu- 
 nities under the provisions of this Act, unless such school shall be 
 instructed by a teacher or teachers duly examined, approved and 
 employed '< y competent and lawful authority, as hereinbefore pro- 
 vided, nor unle:s such schools shall be free from all denominational 
 and sectarian bias, control and influence whatsoever. 
 
 Sl:c. 2. The boards of commissioners may cause the common 
 schools, within their respective jurisdictions, to be divided into 
 primar}^, secondary and grammar schools, having reference to the 
 proficiency of the pupils, and to employ competent and legally 
 qualified teachers for the instruction of the different departments, 
 whenever they shall deem such division into departments necessary. 
 
[18] 
 
 Sec. 3. No scliool book, nor other book of a sectarian or de- 
 nominational character, shall be intoiucsd or used in anj common 
 school instituted under the provisions of this Act. 
 
 ARTICLE VII. 
 
 COUNTIES. 
 
 Sec. 1. Each and every county in this State is hereby empow- 
 ered and authorized to raise annually, by special tax, (in the same 
 manner that other county taxes shall be levied,) upon the real es- 
 tate and personal property within the county, an amount of money 
 not exceeding three cents on each ^100 of valuation, for the sup- 
 port of common schools therein, and for providing suitable houses 
 and purchasing libraries and apparatus for such common schools. 
 
 Sec. 2. All moneys raised by county tax as above provided, for 
 common school purposes, shall be paid into the county treasury as 
 a special deposit, and shall be apportioned by the County Superin- 
 tendent of common schools among the towns, cities, villages and 
 school districts in the county, upon the basis provided by this Act 
 for the apportionment of the State school moneys, and drawn 
 from the county treasury, in the same manner. 
 
 ARTICLE VIII. 
 
 teachers. 
 
 Sec. 1. No teacher shall be entitled to any portion of the public 
 common school moneys hereinbefore provided for, as compensation 
 or salary for services rendered, unless such teacher shall have been 
 duly employed by competent authority, nor unless such teacher 
 shall have had, during the whole time of such service, such certifi- 
 cate of competency and approval as is provided by this Act, in full 
 force and effect, and bearing date within one year next before the 
 services aforesaid shall have been rendered, nor unless such teacher 
 shall have made report in manner and form as shall be prescribed 
 by the Superintendent of Public Instruction. 
 
[W] 
 
 Sec. 2. A State convention of common school teachers, com- 
 missioners of common schools, county and citj Superintendents of 
 common schools, may be holden annually at the State Capitol on 
 the call of the Superintendent of Public Instruction, who shall pre- 
 side at such convention. 
 
 Sec. 3. Such State convention may discuss and recommend 
 improvements in teaching and the management of schools, and a 
 series of school books for use in the common schools throuorhout 
 the State, and such other topics and subjects as shall be brought 
 before the convention by the Superintendent of Public Instruction. 
 
 ARTICLE IX. 
 
 PRINTING. 
 
 Sec. 1. Any printing called for by this Act, shall be executed 
 in the form and manner and at the prices prescribed by law for 
 other State printing, and shall be paid for in like manner out of 
 the general fund, upon the bill for the same being certified to by 
 the Board of Education. 
 
 ARTICLE X. 
 
 repeal. 
 Sec. 1. The act entitled '*an Act concerning common schools 
 and public instruction," approved May 1, 1851, is hereby re- 
 pealed. 
 
 Signed May 3d, 1852. 
 
 RICHARD P. HAMMOND, 
 
 Speaker of the Assemhly. 
 
 SAMUEL PURDY, 
 
 President of the Senate, 
 
 John Bigler, Governor. 
 
[15] 
 
 FORMS. 
 
 The following forms have been drawn to assist school officers in 
 carrying out the provisions of the preceding Act, and to secure 
 uniformity so far as is practicable : 
 
 NO. I. 
 
 Appointment of a School Commissioner, 
 
 By authority of law, I do hereby appoint you a Commissioner 
 of Common Schools in , to hold your 
 
 office until the next general election, and to exercise all the powers 
 and perform all the duties conferred by law upon such an officer, 
 by virtue of the appointment. 
 
 185 . 
 
 County Superintendent of Com. Schools. 
 
 Note. — By reference to Act I, Sec. 2, of the School Act, it will be seen that 
 the County Assessors are the County Superintendents of Common Schools, and 
 that they have the power of appointing the School Commissioners. See page 6, 
 rale 4. 
 
 NO. IL 
 
 Certificate of Election of a Commissioner of Common Schools. 
 
 To oi* Greeting ; 
 
 This certifies that you, the said , were 
 
 at the general election, held on the day of , 
 
 A. D. 185 5 chosen to the office of Commissioner of Common 
 Schools of (the town or city as the case may be,) and are by vir- 
 tue of said election fully authorized and empowered to discharge 
 all the duties of said office, and to exercise all the powers thereto 
 belonging, according to law* 
 
[16] 
 NO. III. 
 
 Appointment of a Common School MarshuL 
 
 We, the undersigned. Commissioners of Common Schools for 
 
 , in the county of 
 , appoint , 
 
 a duly elected and qualified Constable, Common School Mar- 
 shal to take the census of the children in said 
 
 and county. , ) Commissioners 
 
 ,[ of 
 
 5 ) Com. Schools. 
 
 185 . 
 
 Note. — See Sec. 6, page 2, and Sec. 2, Art. V. 
 
 NO. IV. 
 
 Certificate of Qualification to keep a School, 
 
 We, the undersigned. Commissioners of Common Schools, here- 
 by certify, that we have personally examined 
 and are satisfied that is of good moral character and pos- 
 
 sesses suflficient learning and ability to teach and impart knowl- 
 edge, and govern a school, we therefore grant to 
 this our certificate, which shall remain in force during one year 
 from date, unless sooner revoked. 
 
 , ) Commissioners 
 
 ,[ of 
 
 , ) Com. Schools. 
 
 185 . 
 NoTE.--See Bule 6, page 4, and Sec. I. 
 
[17] 
 NO. V. 
 
 Form for annulling a Certificate, 
 
 Whereas the Cominissioners of Common Schools, for the 
 of , did, on 
 
 the day of , A. D. 185 , issue 
 
 to a certificate of qualification 
 
 as a Teacher in said : now know ye that, 
 
 upon further investigation and trial, the said 
 
 has been found deficient and unqualified, (or has 
 refused to conform to the regulations made by law ;) we do there- 
 fore declare the said certificate to be annulled and void from this 
 date, of which all persons, whose duty it is to employ teachers of 
 common schools, are hereby requested to take notice. 
 
 , ) Commissioners 
 
 ,[ of 
 
 , ) Com. Schools. 
 
 County of 185 . 
 
 Note.— It would be proper that notice of the annulling should be given to 
 the County Superintendent. 
 
 NO. VI. 
 
 Form of a Receipt of the County Supei^intendent of Common 
 
 Schools, 
 
 Received of , 
 
 County Superintendent of Common Schools, all documents, hooks 
 and papers belonging to his office, as such Superintendent. 
 
 County Superintendent Com. Schools. 
 185 . 
 
 Note. — The law requires this receipt to be filed in the office of the County 
 Treasurer. See page 6, Rule 5. 
 
[18] 
 NO. VII. 
 
 Form of a Receipt of the Commissioners of Common Schools 
 under Art, III, Sec, 2, Rule 12. 
 
 Received of , 
 
 Commissioners of Common Schoojs for , 
 
 the book of records, and all papers, books, blanks and documents 
 remaining in their hands as such Commissioners* 
 
 , ) Commissioners 
 
 ,[ of 
 
 , ) Com. Schools. 
 
 A. D. 185 , 
 
 NO. VIII. 
 
 Form of a Report of the Commissioners of Common Schools to 
 the County Superintendent for the County of , 
 
 Town or City of , in relation to the Bounda- 
 
 ries and J^umher of School Districts. 
 
 We, the undersigned, Commissioners of Common Schools in the 
 county and aforesaid, in conformity with law, do 
 
 teport : 
 
 That the whole number of School Districts in our 
 is , and are bounded as follows : District No. I, 
 
 (here describe the boundaries, and location of school-houses.) 
 
 , ) Commissioners 
 
 ,[ of 
 
 , ) Com. Schools. 
 
 185 . 
 
 . Not«.-^Thi8 report must b« made to the County Superinteadent withiateu 
 aays after the division into districts is agreed upon. See page 3, Enle 2. 
 
mi 
 
 NO. IX. 
 
 Form of County Superintendenfs Warrant upon the County 
 
 Treasurer, 
 
 No. 185 . 
 
 The Treasurer of the County of 
 will pay to the order of 
 
 dollars on account of . 
 
 $• 
 
 County Superintendent Com. Schools. 
 Note. — See Rule 3d, pages 6 and 7, 
 
 NO. X. 
 
 CENSUS RETURNS. 
 
 Report of the Common School Marshal to the County Superin- 
 tendent for the School-year ending October Slst, 185 . 
 
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 Form o/^ an Affidavit to he appended to the Census Returns, 
 County of , > ^^^ 
 
 On this day of A. D« 
 
 185 , personally appeared before me the undersigned, a Justice 
 
[20] 
 
 of the Peace for the county and aforesaid, 
 
 a duly appointed Common School 
 Marshal, whose signature is hereunto subscribed, and being 
 sworn according to law, made oath that the facts set forth in 
 the above Report are just and true according to the best of his 
 knowledge and belief. 
 
 Justice of the Peace. 
 
 Common School Marshal 
 for 
 
 Note. — This Report must be made out in duplicate. See Art. Ill, Sec. 1. 
 
 NO. XI. 
 
 Report of the Commissioners of Common Schools to the County 
 
 Superintendent for the County of , 
 
 {Town, City or Village of ,) from 
 
 185 , to 185 . 
 
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 Note. — When the above blank is filled up, which must be done on or before 
 November 15th, of each year, the following certificate should be appended. See 
 page 5, Rule 11. 
 
 We, the undersigned. Commissioners of Common Schools for 
 the county (town or village) aforesaid, certify, on honor, that the 
 
[21] 
 
 above is a true statement of the condition of the Common 
 
 Schools. 5 ) Commissioners 
 
 of 
 , ) Com. Schools. 
 
 To Esq., 
 
 County Superintendent 
 
 of Common Schools. 
 
 Note. — The Commissioners will accompany their Report as above with such 
 remarks as they may think the interest of the Common School system in their 
 town or city may require. This will enable the County Superintendent to fur- 
 nish the State Superintendent with valuable information for his Annual Report. 
 The report must be made on or before the loth day of November, annually. 
 
 NO. XII. 
 
 Report of the County Treasurer to the Superintendent of Public 
 Instruction for the County of , 
 
 from , 185 to 185 . 
 
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 Form of an Affidavit to he appended to the above Report, 
 
 County of •>} „ 
 
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 On this day of , 
 
 A. D. 185 5 personally appeared before me the undersigned, a 
 Justice of the Peace for the county and afore- 
 
 said, , County Treasurer for 
 
 said county, whose signature is hereunto subscribed, and being 
 dulf sworn made oath that the facts set forth in the above re- 
 port are just and true, according to the best of his knowledge 
 and belief. 
 
 Justice of the Peace. 
 , Esq., 
 County Treasurer. 
 Note. — See page 7, Sec. 5. 
 
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[24] 
 
 Form of an Affidavit to he appended to the preceding Repart. 
 County of , ) 
 
 On this day of , A. D. 
 
 185 , personally appeared before me the undersigned, a Jus- 
 tice of the Peace for the county and afore- 
 said, , County Superintendent of 
 Common Schools for said county, whose signature is hereunto 
 subscribed, and being duly sworn made oath that the facts set 
 forth in the above Report are just and true according to the best 
 of his knowledge and belief. 
 
 Justice of the Peace. 
 
 Superintendent of Common Schools. 
 
 Note. — The County Superintendents are desired to fill the preceding Report, 
 and add thereto such accompanying observations as they may think will pro- 
 mote the interests of education in their counties and the State. It is desirable 
 to know the kind of school books used, with a view to the introduction, as soon 
 as practicable, of a uniform series throughout the State. Too great impor- 
 tance cannot be placed upon the necessity of prompt and efi&cient school organ- 
 izations under the provisions of the School Act, and regular returns made dur- 
 ing the month of November to the Superintendent of Public Instruction. See 
 page 6, Rule 6. 
 
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ACTS 
 
 PROVIDING FOR THE 
 
 REVENUE OF COMMON SCHOOLS. 
 
AN ACT 
 
 CONCERNING ESCHEATED ESTATES. 
 
 The People of the State of California, represented in Senate and 
 Assembly, do enact as follows : 
 
 Sec. 1. That if any person shall die, or any person who may 
 have died, in this State, seized of any real or personal estate, with- 
 out any devise thereof, and leaving no heirs or representatives ca- 
 pable of inheriting the same, or the devisees thereof be incapable 
 of holding the same, and in all cases where there is no owner of 
 such real estate, capable of holding the same, such estate shall es- 
 cheat to and be vested in this State. 
 
 Sec. 2. That whenever the Attorney-General, or District At- 
 torney, shall be informed, or have reason to believe, that any real 
 estate in his district hath escheated to the State, by reason that 
 any person hath died seized thereof, without devising the same, and 
 leaving no heirs capable of inheriting the same, or by reason of 
 
[80] 
 
 the incapacity of the devisees to hold the same, and such estate 
 shall not have been sold, according to law, within two years after 
 the death of the person last seized, or when he shall be informed 
 or has cause to believe that any such estate within his district hath 
 otherwise escheated to the State, it shall be his duty to file an in- 
 formation, in behalf of the State, in the District Court of the Ju- 
 dicial District, or of any adjoining judicial district, in which such 
 estate is situated, setting forth a description of the estate, the name 
 of the person last lawfully seized, the name of the terre-tenant and 
 persons claiming such estate, if known, and the facts and circum- 
 stances in consequence of which such estate is claimed to have es- 
 cheated, and alleging that by reason thereof the State of Califor- 
 nia hath right by law to such estate ; whereupon such Court shall 
 award and issue a summons against such person or persons, bodies 
 politic or corporate, as shall be alleged in such information to hold, 
 possess or claim such estate, requiring them to appear and show 
 cause why such estate should not be vested in the State, on the first 
 day of the next regular term of said Court ; which summons shall 
 be served at least fifteen days before the return day thereof ; and 
 the Court, moreover, shall make an order setting forth briefly the 
 contents of such information, and requiring all persons interested 
 in the estate to appear and show cause, if any they have, on the 
 first day of the next term of the said Court, why the same should 
 not vest in the State ; which order shall be published in a newspa- 
 per, published in said district, if one be published therein, and in 
 case no newspaper should be published in said district, the same to 
 be published by direction of the Judge in some other newspaper 
 in this State. 
 
 Sec. 3. All persons, bodies politic and corporate, named in 
 such information as terre-tenant^ or claimant to the estate, may ap- 
 pear and plead to such proceeding, and may traverse or deny the 
 facts stated in the information, the title of the State to lands and 
 
[31] 
 
 tenements therein mentioned, at any time on or before the third 
 day of the return day of the summons ; and any other person 
 claiming an interest in such estate may appear and be made a de- 
 fendant, and plead as aforesaid, by motion for that purpose in open 
 court, within the time allowed for pleading as aforesaid ; and if 
 any person shall appear and plead as aforesaid, or shall refuse to 
 plead within the time, then judgment shall be rendered that the 
 State be seized of the lands and tenements in such information 
 claimed. But if any person shall appear and deny the title set 
 up by the State, or traverse any material fact set forth in the 
 information, or issue or issues, shall be made up and tried as other 
 issues of fact, and a survey may be ordered and entered as in oth- 
 er actions when the title or boundary is drawn in question ; and if 
 after the issues are tried, it shall appear from the facts, found or 
 admitted, that the State hath good title to the land and tenements 
 in the information mentioned, or any part thereof, judgment shall 
 be rendered that the State be seized thereof, and recover costs of 
 suit against the defendants. 
 
 Sec. 4. Any party who shall have appeared to any proceed- 
 ings, as aforesaid, and the Attorney-General or District Attorney 
 in behalf of the State, shall respectively have the same right to 
 prosecute an appeal or writ of error upon any judgment, as afore- 
 said, as parties in- other cases. 
 
 Sec. 5. The Comptroller of State shall keep just and true 
 accounts of all moneys paid into th-e treasury, all lands vested in 
 the State, as aforesaid ; and if any person shall appear within ten 
 years after the death of the intestate, and claim any moneys paid 
 into the treasury, as aforesaid, as heir or legal representative, such 
 person may file a petition to the District Court in which the Seat of 
 Government may be staying, stating the nature of his claim, and 
 praying such money may be paid him ; a copy of such petition 
 shall be served on the Attorney-General at least twenty days be- 
 
[32] 
 
 fore the hearing of said petition, who shall put in answer to the 
 same, and the Court thereupon shall examine said claim, and the 
 allegations and proofs ; and if the Court shall find that such per- 
 son is entitled to any money paid into the State treasury, he shall 
 by an order, direct the Comptroller to issue his warrant on the 
 treasury for the payment of the same, but without interest or cost 
 to the State ; a copy of which order, under the seal of the Court, 
 shall be a sufficient voucher for issuing such warrant ; and if any 
 person shall appear and claim land vested in the State, as afore- 
 said, within five years after the judgment was rendered, it shall 
 be lawful for such person (other than such as was served with a 
 summons or appeared to the proceeding, their heirs or assigns,) to 
 file in the said District Court, in which the lands claimed lie, a 
 petition setting forth the nature of his claim, and praying that the 
 said lands may be relinquished to him ; a copy of which petition 
 shall be served on the Attorney- Gr^neral, who shall put in an an- 
 swer, and the Court thereupon shall examine said claim, allegations 
 and proofs, and if it shall appear that such person is entitled to 
 such land claimed, the Court shall decree accordingly, which shall 
 be efiectual for divesting the interest of the State in or to the 
 lands; but no costs shall be charged to the State ; and all persons 
 who shall fail to appear and file their petition, within the time limit- 
 ed as aforesaid, shall be forever barred ; saving, however, infants, 
 married women, and persons of unsound mind, or persons beyond 
 the limits of the United States, the right to appear and file their 
 petition , as aforesaid, at any time within five years after their re- 
 spective disabilities are removed ; Provided, however, that the Legis- 
 lature may cause such lands to be sold at any time after seizure, 
 in such manner as may be provided by law; in which case the 
 claimants shall be entitled to the proceeds, in lieu of such lands, 
 upon obtaining a decree or order as aforesaid. 
 
 Approved May 4, 1852. 
 
AN ACT 
 
 To provide for the Disposal of the Five Hundred Thousand Acre$ 
 of Land Granted to this State hy Act of Congress, 
 
 That the people of the State of California may avail themselves 
 of the benefits of the eighth section of the act of Congress, ap- 
 proved 4th of April, 1841, chapter 16, entitled an act to appropri- 
 ate the proceeds of the sales of the Public Lands and to grant Pre- 
 emption Rights, the following provisions are hereby enacted. 
 
 The people of the State of California, represented in Senate 
 and assembly, do enact as follows : 
 
 Sec. 1. The Governor of this State is hereby authorized to is- 
 sue land warrants for not less than one hundred and sixty, and not 
 more than three hundred and twenty acres in one warrant to the 
 amount of five hundred thousand acres, which warrants, when so 
 signed and issued by the Governor, shall be countersigned by the 
 Comptroller, and by him deposited in the office of the Treasurer of 
 State for sale, charging the same to account of the Treasurer. 
 
 Sec. 2. The Treasurer of State is hereby authorized, on ap- 
 plication to him therefor, to sell said land warrants for two dollars 
 per acre, in the lawful currency of the United States, in State 
 
[ 84 ]• 
 
 scrip, or Comptroller's warrants, dra^wn upon tlie general fund, or 
 bonds of tlie civil debt of tbe State, now due, the interest, if any 
 thereon, to be included in the aggregate of such payment, and the 
 said Treasurer is required to convert all lawful moneys of the Uni- 
 ted States, and all State three per cent, bonds, or Comptroller's 
 warrants so received by him into bonds, of the civil funded debt of 
 the State, bearing seven per cent, interest per annum, and to keep 
 such bonds as a special deposit in his custody, marked " School 
 Fund," to the credit of said School Fund. All interest falling due 
 on said bonds so set apart to the credit of the School Fund, shall 
 be semi-annually placed to the credit of said School Fund. All 
 State three per cent, bonds or Comptroller's warrants so converted 
 by him into seven per cent, bonds, as above provided, shall be can- 
 celled and destroyed in the manner now provided by law. 
 
 Sec. 3. The parties purchasing such vrarrant^ and their as- 
 signs, are hereby authorized, in behalf of this State, to locate the 
 same upon any vacant and unappropriated lands belonging to 
 the United States, within the State of California, subject to such 
 location, but no such location shall be made, unless it be made in 
 conformity to the law of Congress, which law provides that not less 
 than three hundred and twenty acres shall be located in a body. 
 
 Sec. 4. Lands thus located shall be run off by a line, north and 
 south and east and west, and shall be sufficiently designated by 
 lines and distances, corners or posts, as the case may be, and an 
 entry made thereof in the office of the Clerk of the County Court 
 of the county in which such lands shall be located. 
 
 Sec. 5. The location made of the lands belonging to the United 
 States, as aforesaid, shall secure to the purchaser the right of pos- 
 session to the land embraced within said survey until such time as 
 the Government survey shall have been made, after which, said 
 lines shall be made to conform to the lines of sections, quarter sec- 
 tions, and fractional sections of said government survey ; and in the 
 
[8.5] 
 
 event tliat two or more persons shall have made the location on the 
 same section, quarter section, or fractional section, then, and in 
 that event, the person whose location embraces the largest portion 
 of said section, quarter section, or fractional section shall be 
 first entitled to said location of the same. 
 
 Sec. G. If in the 53urvey to be hereafter made by the General 
 Government, it should so happen tliat the improvement made by any 
 person purchasing and locating lands under this act, shall not com- 
 pose the larger part of the first survey, then, ana in that case, the 
 party may, if they prefer it, retain that portion which has upon 
 it their buildings and improvements, although it may be the smal- 
 ler portion of said section, quarter section, or fractional section. 
 Provided nothing herein contained shall authorize such loca- 
 tion upon any lands heretofore granted by this State, or by the 
 General Government, or on lands at the time of such survey and 
 location, actually occupied and improved by actual settlers, unless 
 such location be made by the owner of such improvement, not to 
 exceed six hundred and forty acres by any one person. Provided, 
 also, that nothing herein contained shall prejudice the ownership 
 or possession of any lands at the time of said survey and location, 
 held or claimed under grants from the Mexican or Spanish gov- 
 ernments, and provided moreover, that at the time of making such 
 location the first settler, or owner of any improvement situated on 
 the tract proposed to be located, shall in all cases have the pref- 
 erence. 
 
 Sec. 7. In the event that any location of lands be made under 
 and by the provisions of this Act, upon lands supposed to belong 
 to the United States, which should prove to be land not the proper- 
 ty of the United States, then and in that case the party owning 
 such land warrant or warrants may float the same upon any other 
 public lands in the State of California, provided the float and the 
 
[36] 
 
 reasons therefor be made a matter of record at the time, in the 
 oflSce where the -original location was recorded. 
 
 Sec. 8. The Comptroller shall keep an accurate account of the 
 quantity of land thus disposed of, in accordance with the provi- 
 sions of the foregoing sections, and the amounts received bj the 
 Treasurer, charging the several sums thus received to the Treasu- 
 rer, which sum or sums shall be set aside for a general fund to 
 meet the liabilities of the State. 
 
 Sec. 9. The interest upon the sum thus realized by the sale of 
 the five hundred thousand acres of land granted to this State, by 
 act of Congress, shall be and the same is hereby set apart as a 
 permanent fund for the support of schools, in accordance with the 
 Constitution of the State of California. 
 
 Sec. 10. Lands located under the provisions of this Act, shall 
 be surveyed by the County Surveyor, in each county where the 
 location is made, who shall give a certificate setting forth the bounds 
 and the number of acres contained in such survey, and shall receive 
 for his services such fees as are now or may hereafter be provided 
 by law. 
 
 Sec. 11. The Clerk of the County Court shall make a record 
 of all certificates of land located under the provisions of this Act 
 which may have been run ofi" by the proper ofiicer, and shall be en- 
 titled to receive from the owner of such location three dollars for 
 such services. 
 
 Sec. 12. The County Surveyors of the respective counties of 
 this State, at the end of every three months from the taking efiect 
 of this Act, shall make out and forward to the office of the Survey- 
 or-General of the State, without fee for the same, a duplicate copy 
 of each plot or survey and certificate of the location of any land 
 warrant made under the provisions of this Act, in their respective 
 counties, and for failure so to do shall be liable to a fine of not less 
 than five hundred or more than five thousand dollars, recoverable 
 
[ 37 ] 
 
 before any court of competent jurisdiction on tlie complaint of 
 any person or persons in interest. 
 
 Sec. 13. The interest to be credited to the school fund on all 
 moneys received into the State Treasury under the provisions of 
 this Act, shall be calculated at the rate of seven per centum per an- 
 num, until the Legislature shall otherwise direct. 
 
 Sec. 14. So soon as the lands which may be located under and 
 by virtue of the provisions of this Act, shall have been surveyed 
 by the United States, and such locations are made to conform there- 
 to, the Governor of this State shall cause patents to be issued in 
 such manner and form as the Legislature may hereafter direct. 
 
 Sec. 15. No person shall be permitted to purchase under this 
 Act, warrants for more than six hundred and forty acres, and shall 
 before purchasing one of said warrants, deposit with the Comptrol- 
 ler an affidavit setting forth that he wants said lands for the pur- 
 pose of making a permanent settlement thereon. 
 
 Sec. 16. It shall not be lawful to locate any of said warrants 
 upon the land within the limits of any town now surveyed or laid 
 off. 
 
 Sec. 17. This Act to take effect and be in force from and after 
 the first day of June, eighteen hundred and fifty-two. 
 
 Approved May 3, 1852. 
 
 RICHARD P. HAMMOND, 
 
 Speaker of the JJssembly. 
 
 SAMUEL PURDY, 
 
 President of the Senate. 
 John Bigler, Governor. 
 
AN ACT 
 
 To 'provide for Levying^ Assessing and Colkciing Public Revenue, 
 
 Sec. 2. The amount of Property Tax levied by this Act, shall be 
 thirty cents on each one hundred dollars' worth of all real and per- 
 sonal property in this State, for State purposes, except as herein- 
 after provided ; and an additional amount, not exceeding fifty cents 
 on each one hundred dollars' worth thereof, for County purposes. 
 
 Sec. 17. Between the first Monday- of March and July of each 
 year, the County Assessor shall ascertain, by dilligent inquiry and 
 examination through all the inhabited portions of his County, the 
 names of all taxable inhabitants, and the full amount of all the real 
 and personal property within the County which is not exempt from 
 taxation by this Act ; and all the real and personal property in 
 this State not so exempt, shall be liable for the payment of not 
 more than the amount specified in the second section of this Act ; 
 and the whole amount thereof required for State purposes, as pro- 
 vided in the second section of this Act, is hereby appropriated, as 
 follows : five cents of the thirty cents imposed on each one hundred 
 dollars, is exacted for the sole purpose and shall be retained by 
 the Treasurer of the State and paid out only as the laws for the 
 benefit of the Common Schools of this State shall direct ; fifteen 
 cents of the said thirty cents imposed for the payment of the In- 
 
[40] 
 
 terest Tax, as funded in the Act to fund the debt of the State ; 
 and the remaining ten cents of the said thirty cents imposed for the 
 payment of the interest on the present indebtedness of the State, 
 funded in accordance with an Act entitled '^ an Act to fund tlie in- 
 debtedness of the State" which has accrued or may accrue from 
 April twenty -ninth, eighteen hundred and fifty-one, to December 
 thirty-first, eighteen hundred and fifty- two, (inclusive,) passed 
 May 1st, 1852, and shall constitute the Interest Tax of eighteen 
 hundred and fifty-two, provided in the seventh section of this 
 Act. 
 
 Passed April 23rrf, 1852. 
 
 Note. — These are the only Sections of the Revenue Law pertaining to Schools. 
 
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