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Financial.

etc.

Election of officers.

etc.

bursement of the moneys thus raised, by city tax, for school purposes.

3. To provide, by ordinance, 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 entitled, under the provisions of this act, and for the custody and disbursement of such common school moneys, in accordance with the provisions of this

act. Annual reports, 4. To provide, by ordinance, for the examination of common

school teachers, the regulation of common schools within the city, the census or enumeration of the children, and for making the annual 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 General rules, 6. To ordain all such rules and regulations as they may deem er.

pedient and necessary for the promotion of the interests, prosperity and usefulness of the common schools within the city: Provided, that the common council shall not make any ordinance or 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. Jurisdietion of Sec. 2. No board of commissioners nor marshals elected or ap

pointed 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 management of common schools therein, under the provisions of this chapter, except in the cases hereinafter provided. (1)

Sec. 3. The county superintendent may, and he is hereby empower. superintendents. ed, in incorporated cities, to appoint three school commissioners for

any common school or district, upon petition of the inhabitants there of requesting the same.

Sec. 4. Such schools shall be and are hereby entitled to all the rights and privileges of any other city or common school in the pro rata division of school money raised by taxation, and shall receive its proportion of money

from the state school fund in the annual distri. bution : Provided, they are conducted in accordance with the require. ment of this act. (2)

offices under the act within the limits of cities.

Powers and duties of county

(1) Amendment inserted from Stat. 1853, pp. 231.2.
(2) Amendment inserted from Stat. 1853, page 232.

ARTICLE VI.

SCHOOLS.

Section 1. No common school shall receive any benefits or immu- Schools not nities under the provisions of this act, unless such school shall be accordance with instructed by a teacher or teachers duly examined, approved, and not receive any employed by comptent and legal authority as hereinbefore provided. (1) provisions.

Sec. 2. The boards of commissioners may cause the common Commissioners. schools, within their respective jurisdictions, to be divided into pri- Division of mary, secondary and grammar schools, having reference to the proficiency of the pupils, and to employ competent and legally qualified Employment of teachers for the instruction of the different departments, whenever they shall deem such division into departments necessary.

schools.

ARTICLE VII.

COUNTIES.

Section 1. Each and every county in this state is hereby empower- Each county ed and authorized to raise annually, by special tax (in the same man- raise an annual ner that other county taxes shall be levied) upon the real estate and purposes. personal property within the county, an amount of money not exceeding five cents on each one hundred dollars of valuation for the support of common schools therein, and for providing suitable houses and purchasing libraries and apartments for such common schools. (2)

Sec. 2. All moneys raised by county tax as above provided, for Apportionment. common school purposes, shall be paid into the county treasury as a special deposit, and shall be apportioned by the county superintendent 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.

Sec. 3. All the powers, rights and privileges conferred upon incor- Towns may porated cities by the provisions of this act and of an act to establish same power as

incorporated a system of common schools, shall be enjoyed and may be exercised cities. in like manner by incorporated towns. (3)

ARTICLE VIII.

TEACHERS.

Section 1. No teacher shall be entitled to any portion of the pub- Salaries of lic common school moneys hereinbefore provided for, as compensation

teachers.

(1) (2) (3) Amendments inserted from Stat. 1853, page 232.

State conventions.

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 certificate 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.

Sec. 2. A state convention of common school teachers, commissioners of common schools, county and city superintendents of common schools, may be holden annually at the state capitol on the call of the superintendent of public instruction, who shall preside 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 throughout the state, and such other topics and subjects as shall be brought before the convention by the superintendent of public instruction.

General objects.

ARTICLE IX.

Printing.

PRINTING Section 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.

Former act repealed.

SECTION 1. The act entitled “ An act concerning common schools and public instruction," approved May first, one thousand eight hundred and fifty-one, is hereby repealed.

CHAPTER CLXXX.

AN ACT to provide for the Appointment of a Gauger for the Port

of San Francisco.[Passed May 3, 1852.] The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Section 1. The governor is hereby authorized and directed to appoint, by and with the advice of the senate, a gauger of wines and

Governor to appoint.

liquors, to reside in the city of San Francisco, and to continue in office for two years.

Sec. 2. Said gauger, before entering upon his office, shall take and Oath and bonds. subscribe the oath of office and give bonds in the sum of twenty-five thousand dollars for the faithful discharge of his duties.

Sec. 3. It shall be the duty of said officer to gauge and inspect Duty. all wines and liquors which may be, or arrive, in said city, and to mark upon the cask or case, the quantity and quality of the same, for which services he may charge and receive one-half of one cent per gallon of the wines and liquors so inspected.

Sec. 4. Any person in the city of San Francisco, selling or offering Penalties for for sale any wines or liquors in casks or cases, without the inspector's gauger's mark. mark thereon, shall be liable for each offence to a fine not less than one hundred dollars, nor more than five hundred dollars.

CHAPTER CLXXXI.

AN ACT for the Protection of Game.—[Passed May 1, 1852.]

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

Assembly, do enact as follows :

seasons.

Section 1. It shall not be lawful for any person or persons, here- Killing of certain

game prohibited. after, to kill or destroy any of the following game, within the times hereinafter specified, viz: quail or partridges, mallard duck, and the wood or summer duck, shall not be killed between the twentieth day of March and the first day of September in each year. Female elk, deer, and antelope, with their young, shall not be killed at any time At certain between the first day of March and the first day of July in each year. (1)

Sec. 2. Any person who shall be convicted of an offence against Penalties. the provisions of the foregoing section, or who shall buy or sell, or expose to be bought or sold, any such game, above enumerated, within the time therein specified, shall be fined for any and each offence in the sum of fifty dollars, one-half of which fine shall in each case be paid to the informer. Sec. 3. It shall be the duty of the justices of the peace, to take Duty of justices

of the peace. cognizance of all offences under this law.

Sec. 4. This law shall be operative in the counties of Monterey, Operation in Santa Cruz, Santa Clara, San Francisco, Contra Costa, San Joaquin, Sacramento, Yolo, Solano, Napa, Sonoma and Marin.

certain counties.

(1) Amendment inserted from Stat. 1853, p. 195.

CHAPTER CLXXXII.

AN ACT prescribing the Mode of maintaining and defending pas

sessory Actions on Public Lands in this State. (1)—[Passed April 20, 1852.]

public lands may defend possession.

.

Mineral lands.

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

Assembly, do enact as follows:
Occupants of Section 1. Any person now occupying and settled upon, or who

may
hereafter

occupy or settle upon any of the public lands in this state, for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injuries done to his or her possession of said land, against any person or persons so interfering with, or injuring such land or possession : Provided, that if the lands so occupied and possessed, contain mines of any of the precious metals, the possession or claim of the person or persons occupying the same for the purposes aforesaid, shall not preclude the working of such mines by any person or persons desiring so to do as fully and unreservedly as they might or could do had no possession or claim been made for grazing or agricultural purposes. (2)

Sec. 2. Every such claim, to entitle the holder to maintain any action as aforesaid, shall not contain more than one hundred and sixty acres, and the same shall be marked by metes and bounds, so that the bound. aries

may be readily traced, and the extent of such claim easily

known, and no person shall be entitled to maintain any such action To be occupied. for possession of or injury to any claim, unless he or she occupy the

same, and shall have complied with the provisions of the third and fourth sections of this act. (3)

Sec. 3. Any person being a citizen of the United States, claiming any of the public lands in this state, shall file in the office of the recorder of the county in which such lands are situated, his affidarit setting forth : First, that his or her lines do not embrace more than one hundred and sixty acres of land; Second, that he or she has taken no other claim under this act, and to the best of his knowledge and

Extent of claim.

Metes and bounds.

Claim to be recorded.

Affidavit.

Contents.

(1) Non-payment of taxes may be pleaded in bar to an action under this statute. See ante, chapter 127, article 10, Sec. 2.

(2) A party in the actual possession of land cannot, by process of law, be dispossessed by another who has neither title nor color of title. Suñol rs. Hepburn, Cal. Sup. Court Rep., vol. 1, page 254.

(3) The possession of a party, who has neither title nor color of title, does not extend beyond the metes and bounds of his actual occupation. Suñol et al. vs. Hepburn, Cal. Sup. Court Rep., vol. 1, page 255.

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