give his approval, or issue the certificate of purchase, or other Powers and evidence of title, as he may so determine. When, in the judg

duties.

Oath of

ment of the Surveyor-General or Register, a question of law alone, or of law and fact, is involved in such case, or when either party shall demand a trial of such question in the Courts of this State, the said Surveyor-General or Register shall enter such demand, with a statement of the case, together with a direction that the parties are referred to the District Court of the proper district for a final determination of such conflicting claim or contest, in the proper record book of his office. Either party may bring his action in the District Court of the county in which the land in question is situated, to determine such conflicting claim; and the proffer of a certified copy of the entry, made by the Surveyor-General or Register, shall give to sail District Court full and complete jurisdiction to hear, try, and determine said conflicting claims. Upon the filing with the Surveyor-General or Register a copy of the final judgment of said District Court, the officer shall give his approval, or issue the certificate of purchase, or other evidence of title, in accordance with such judgment.

SEC. 28. No location of land made under the provisions of this Act, or any proceedings in accordance therewith, shall be construed to give any title to, interest in, or right of possession or occupation of any of the Public Lands in this State, unless the person for whose benefit the location is made or the proceedings taken shall have first taken and subscribed the following oath or affirmation:

"I do solemnly swear (or affirm, as the case may be) that I will purchaser. support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, that I will bear true faith, allegiance, and loyalty to the said Constitution and Government, any ordinance or law of any State, Convention, or Legislature, or any rule or obligation of any society or association, or any decree or order from any source whatsoever, to the contrary notwithstanding; and that I will support the Constitution of the State of California; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever, and that this oath (or affirmation, as the case may be,) is not taken for the purpose of acquiring title to, interest in, or possession of any land in order that such title, interest, or possession may be transferred to any person or persons, to enable such person or persons to evade the provisions of any law of the State of California, or any regulation of the General Land Office at Washington.

Certificate of oath to be indorsed, etc

SEC. 29. The certificate of the oath or affirmation prescribed in the preceding section shall be indorsed on a description of the land over which ownership or control is sought to be acquired, setting forth when the land has been surveyed by the General Government, the section and subdivision of section, township, and range, in which such land is situated, and the said description, with the certificate of the oath or affirmation indorsed as prescribed by this section, shall be filed in the office of the Recorder of the county in which the land described is situated, and the right of the person making the oath or affir

mation shall not be deemed to attach to such land by virtue of any proceedings under this Act until the moment of the filing the description and certificate of the oath or affirmation in the office of the County Recorder, and no certificate of purchase or patent shall be issued to any person for lands located under this Act until a certified copy of said description and oath or affirmation has been filed in the office of the State Register.

tain lands.

SEC. 30. This Act shall not apply to the Marsh and Tide Act not to Lands upon the city front and within five miles of the City and apply to cerCounty of San Francisco, and of the City of Oakland, and one mile of the State Prison at San Quentin..

SEC. 31. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

CHAP. CCCXCVIII.-An Act to establish and define the powers and duties of the Board of Education of the City and County of San Francisco, and to repeal former Acts regulating the same, and to confer further powers upon the Auditor and Treasurer of said City and County.

[Approved April 27, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

OF THE ORGANIZATION OF THE BOARD.

SECTION 1. The Board of Education of the City and County Board. of San Francisco shall consist of the School Directors elected for the several Election Districts of said city and county. The said Board shall organize annually, on the first Tuesday in July, by electing a President from among its members, and shall hold meetings monthly thereafter, and at such other times as the Board may determine. A majority of all the members elect shall constitute a quorum to transact business, but a smaller number may adjourn from time to time. The Board may determine the rules of its proceedings. Its sessions shall be public, and its records shall be open to public inspection.

OF THE POWERS AND DUTIES OF THE BOARD.

SEC. 2. The Board of Education shall have sole power: First-To establish and maintain Public Schools, and to establish School Districts, and to fix and alter the boundaries thereof. Second-To establish Experimental and Normal Schools, either separately or in connection with the State Normal School.

Third-To employ and dismiss Teachers, Janitors, and School Census Marshals, and to fix, alter, allow, and order paid, their salaries or compensations; and to employ and pay such mechanics and laborers as may be necessary to carry into effect the powers and duties of the Board; and to withhold, for good

Powers.

Powers of
Board.

and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid.

Fourth-To make, establish, and enforce all necessary and proper rules and regulations, not contrary to law, for the government and progress of Public Schools within the said city and county, the Teachers thereof, and the pupils therein, and for carrying into effect the laws relating to education; also, to establish and regulate the grade of schools, and determine what text books, course of study, and mode of instruction shall be used in said schools.

Fifth-To provide for the School Department of said city and county fuel and lights, at an expense not exceeding twelve hundred dollars per annum; water, not exceeding seven hundred and fifty dollars per annum; blanks, blank books, books, printing, and stationery, not exceeding twelve hundred dollars per annum; and to incur incidental expenses, not exceeding twelve hundred dollars per annum.

Sixth-To build, alter, repair, rent, and provide school houses, and furnish them with proper school furniture, apparatus, and school appliances, and to insure any and all school property.

Seventh-To lease, for a term not exceeding ten years, any unoccupied property of the School Department not required for school purposes.

Eighth-To receive, purchase, lease, and hold in fee, in trust for the City and County of San Francisco, any and all real estate, and to hold in trust any personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the Public Schools of said city and county; provided, the lots to be purchased under the provisions of this section do not exceed ten in number, and all conveyances heretofore made to the said Board of Education are hereby legalized and declared valid, and the property therein conveyed vested in the said Board in trust as aforesaid.

Ninth-To sell or exchange the following lots of land, or any part thereof, to wit: Fifty vara lot number three hundred and forty-five, on California street, between Powell and Mason streets; fifty vara lot number four hundred and sixty-two, on the corner of Filbert and Kearny streets; fifty vara lot number seven hundred and thirty-two, on the corner of Harrison and Fremont streets; one half of one hundred vara lot number one hundred and twenty-eight, corner of Market and Fifth streets; and one hundred vara lot number one hundred and seventy-four, corner of Harrison and Fourth streets, in said city and county, and good and valid deeds therefor to make and execute; provided, that no real estate shall be sold or exchanged without the consent of seven members of the Board of Education, and seven members of the Board of Supervisors of said city and county; and, provided, further, that the proceeds of such sales shall be applied exclusively to the purchase of other lots or the erection of school houses.

Tenth-To grade, fence, and improve school lots, and in front thereof to grade, sewer, plank, or pave, and repair streets, and to construct and repair sidewalks.

Eleventh-To sue for any and all lots, lands, and property belonging to or claimed by the said School Department, and to

prosecute and defend all actions, at law or in equity, necessary Powers. to recover and maintain the full enjoyment and possession of said lots, lands, and property, and further, to do any and all lawful acts necessary thereto.

Twelfth-To determine, annually, the amount of taxation, not exceeding thirty-five cents on each one hundred dollars valuation upon the assessment roll, to be raised by tax upon the real and personal property within the said city and county, not exempt from taxation, for the establishment and support of Free Public Schools therein, and for carrying into effect all the provisions of law regarding Public Schools; and the amount so determined by the said Board of Education shall be reported in writing to the Board of Supervisors of said city and county on or before the third Monday of April of each year; and the said Board of Supervisors are hereby authorized and required to levy and cause to be collected, at the time and in the manner of levying State and other city and county taxes, the amount of taxation so determined and reported to them by the said Board of Education, as a school tax upon all taxable property of said city and county; and said tax shall be in addition to all other amounts levied for State and city and county purposes.

Thirteenth-To establish regulations for the just and equal disbursement of all moneys belonging to the Public School Fund. Fourteenth-To examine and allow, in whole or in part, every demand payable out of the School Fund, or to reject any such demand for good cause, of which the Board shall be sole judge. Fifteenth-To discharge all legal incumbrances now existing upon any school property.

Sixteenth-To order paid from the School Fund of the said city and county a sum, not exceeding one hundred dollars per month, for rent of an office and rooms for the Superintendent and said Board, and a further sum, not exceeding five hundred dollars, to fit up such office and rooms.

Seventeenth-To prohibit any child under six years of age from attending the Public Schools.

Eighteenth-And generally, to do and perform such other acts as may be necessary and proper to carry into force and effect the powers conferred on said Board.

GENERAL PROVISIONS.

SEC. 3. The President of the Board of Education shall have Power to power to administer oaths and affirmations concerning any de- administer mand upon the Treasury payable out of the School Fund, or oaths. other matters relating to his official duties.

Directors.

SEC. 4. At the last regular session of the Board, in Septem- Report of ber, December, March, and June, of each year, before proceeding to other business, each Director shall be called on to report the condition of the school or schools in his district, and the circumstances and wants of the inhabitants thereof in respect to education, and to suggest any defect he may have noted and improvement he would recommend in the school regulations. The reports to be made in December and June shall be in writing.

Contracts.

Certificate

SEC. 5. All contracts for building shall be given to the lowest bidder therefor offering adequate security, to be determined by the Board, after due public notice published for not less than five days in at least two daily newspapers of said city and county. SEC. 6. No School Director or Superintendent shall be interested in any contract pertaining in any manner to the School Department of said city and county. All contracts in violation of this section are declared void, and any Director or Superintendent violating or aiding in the violation of the provisions of this section shall be deemed guilty of a misdemeanor.

SEC. 7. No Teacher shall be employed in any of the Public of Teachers. Schools without having a certificate issued under the provisions of this Act. For the purpose of granting the certificates required, the Board of Education, either as a body, or by committee, or by the Superintendent, shall hold examinations of Teachers. No certificate shall be issued except to a person who shall have passed a satisfactory examination in such branches as the Board may require, and shall have given evidence of good moral character, ability, and fitness to teach. The said certificate shall be in force for two years; provided, that the person to whom it is granted is continuously employed in the schools in teaching. SEC. 8. The Board may, in its discretion, renew, without reexamination, the certificate of any person so employed. It shall have power to revoke the certificate of any Teacher upon evidence of immoral or unprofessional conduct, and any School Director, with the consent and advice of the Superintendent, may, for good and sufficient cause, provisionally withdraw the certificate of any Teacher employed in the schools of his district until the next regular meeting of the Board.

Duties of Superintendent.

OF THE SUPERINTENDENT.

SEC. 9. The Superintendent of Public Schools of the City and County of San Francisco is hereby declared and constituted ex-officio a member of the Board of Education, without the right to vote.

SEC. 10. The said Superintendent is hereby authorized to appoint a Clerk, subject to the approval of the Board of Education, who shall act as Secretary of the Board, and who shall be paid a salary, to be fixed by the said Board, not to exceed the sum of one hundred and fifty dollars per month. The said Clerk shall be subject to removal at the pleasure of the Superintendent, and shall perform such duties as may be required of him by the Board or the Superintendent.

SEC. 11. The Superintendent shall report to the Board of Education annually, on or before the twentieth day of June, and at such other times as they may require, all matters pertaining to the expenditures, income, and condition and progress of the Public Schools of said city and county, during the preceding year, with such recommendations as he may deem proper. SEC. 12. It shall be the duty of the Superintendent to visit and examine each school at least once in three months; to observe and cause to be observed such general rules for the reg ulation, government, and instruction of the schools, not inconsistent with the laws of the State, as may be established by the