the district would have received but for such failure, and the amount may be recovered in an action brought by any citizen of such district in the name of and for the benefit of the district.

NOTE.-See Sec. 176, Penal Code Cal.

Duty of
Census
Marshals.

Same.

Report of.

ARTICLE VIII.

DISTRICT CENSUS MARSHALS.

SECTION 1634. Duty of Census Marshals.

1635. Same.

1636. Report of.

1637. Children absent at school to be listed.

1638. Children of non-residents, when not to be included. 1639. Compensation of Marshal.

1634. It is the duty of the Census Marshal:

1. To annually, in the month of June, take a census of all children in his district under fifteen years of age;

2. To report the result of his labors to the School Superintendent (or to the Board of Education in cit ies) before the first day of July in each year.

1635. Whenever a district is formed lying partly in two adjoining counties, the Census Marshal must report to each School Superintendent.

1636. His report must be made under oath, upon blanks furnished by the School Superintendent, and must show:

1. The number, age, sex, color, and nationality of the children listed;

2. The names of the parents or guardians of such children;

3. Such other facts as the Board of Education or of Trustees may designate.

NOTE.-See Report of Supt. Pub. Inst. for 1871-2, pp. 8-15, inclusive. From Table No. 1, the total number of white children over five and under fifteen years

of age, reported by the Census Marshals for the year
1871, was 127,908; of these there were boys, 65,359;
and of girls, 62,549; of negro children, between five
and thirteen years of age, 901; Indian, between five
and fifteen years of age, 1,307. Total attending school
during the year, white, 83,039; negro, 449; Indian, 140.
Grand total, 83,628.

1637. He must include in his report all children (whose parents or guardians are residents of the district) that are absent attending institutions of learning.

Children of

non-resi

when

1638. He must not include in his report children who are attending institutions of learning in his dis- dents, trict but whose parents or guardians do not reside not to be therein.

included.

tion of

1639. The compensation of Census Marshals must, Compensabe audited and paid as other claims upon the School Marshal. Fund of the district are audited and paid.

ARTICLE IX.

CLERKS OF SCHOOL DISTRICTS.

SECTION 1619. When and how elected.

1650. General duties of

1651. When to provide supplies, etc.

1652. When to act as Marshal, Assessor, or Collector.

and how

1649. Boards of Trustees must annually, on the When first Saturday of July, meet and elect one of their elected. number Clerk of the district.

1650. It is the duty of the Clerk:

1. To act as Clerk of the Board, and keep a record General of their proceedings;

2. To keep an account of the receipts and expenditures of school moneys;

3. To keep his record and accounts open to the inspection of the electors of the district;

duties of,

When to provide supplies,

etc.

When to

act as Marshal, Assessor, or Collector.

4. To perform such other duties as may be prescribed by the Board.

1651. The Clerk of each district must, under the direction of the Board of Trustees, provide all school supplies authorized by this Chapter, and keep the school house in repair during the time school is taught therein.

1652. The Clerk may act as Assessor or Collector, or as both, of district taxes, in either of which cases he must be paid the same compensation which would have been allowed by the Board to any other person.

ARTICLE X.

Who may be admitted

to.

Schools to be graded.

SCHOOLS.

SECTION 1662. Who may be admitted to.
1663. Schools to be graded.

1664. To be taught in the English language.

1665. Course of instruction.

1666. Other studies.

1667. Instruction in manners, etc,

1668. Physical exercise, etc.

1669. Schools for negro and Indian children.

1670. How established.

1671. Governed by same rules as schools for whites.

1672. Sectarian books and teachings prohibited.

1673. Duration of daily sessions.

1662. Every school, unless otherwise provided by special statute, must be open for the admission of all white children between five and twenty-one years of age residing in the district, and the Board of Trustees or Board of Education have power to admit adults and children not residing in the district, whenever good reasons exist therefor.

1663. All schools, unless otherwise provided by special statute, must be divided into first, second, and third grade. Each School Superintendent must, under instructions from the State Board of Education, deter

mine the respective grade or class of schools of his county.

1664. All schools must be taught in the English To be language.

taught in the English language.

instruction.

1665. Instruction must be given in the following Course of branches in the several grades in which each may be required, viz: Reading, writing, orthography, arithmetic, geography, grammar, history of the United States, physiology, natural philosophy, natural history, vocal music, and industrial drawing.

studies.

1666. Other studies may be authorized by the other State Board of Education, or Board of Education of any city or city and county, but no such studies can be pursued to the neglect or exclusion of the studies in the preceding section specified.

in manners

1667. Instruction must be given in all grades of Instruction schools, and in all classes, during the entire school etc. course, in manners and morals.

exercise,

1668. Attention must be given to such physical Physical exercises for the pupils as may be conducive to health etc. and vigor of body as well as mind, and to the ventilation and temperature of school rooms.

negro and

1669. The education of children of African de- Schools for scent and Indian children must be provided for in Indian separate schools.

children.

lished.

1670. Upon the written application of the parents How estabor guardians of such children to any Board of Trustees or Board of Education, a separate school must be established for the education of such children.

1671. The same laws, rules, and regulations which apply to schools for white children apply to schools for colored children.

Sectarian books and teachings prohibited.

Duration

of daily sessions.

1672. No publication of a sectarian, partisan, or denominational character must be used or distributed in any school, or be made a part of any school library; nor must any sectarian or denominational doctrine be taught therein. Any school district, town, or city, the officers of which knowingly allow any schools to be taught in violation of these provisions, forfeits all right to any State or county apportionment of school moneys; and, upon satisfactory evidence of such violation, the Superintendent of Public Instruction and School Superintendent must withhold both State and county apportionments.

NOTE.-See Report Supt. Pub. Inst. for 1871–2, pp. 96-98, on the subjects of this section.

1673. No school must be continued in session more than six hours a day; and no pupil under eight years of age must be kept in school more than four hours per day. Any violation of the provisions of this section must be treated in the same manner as a violation of the provisions of the preceding section.

ARTICLE XI.

Pupils, how admitted.

Must submit to regulations.

PUPILS.

SECTION 1683. Pupils, how admitted.
1684. Must submit to regulations.

1685. Suspension and expulsion of.

1686. Defacing school property, liabilities for.
1687. Experienced teachers for beginners.

1683. Pupils must be admitted into the schools in the order in which they apply to be registered.

1684. All pupils must comply with the regula tions, pursue the required course of study, and submit to the authority of the teachers of such schools.

NOTE.-See Report Supt. Pub. Inst. for 1871-2, pp. 93-96, on "Discipline."