has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year. [Amendment approved March 23, 1893; Stats. 1893, p. 251; in effect immediately.]

1620. Supplies. Writing and drawing paper, pens, inks, blackboards, blackboard rubbers, crayons, and lead and slate pencils, and other necessary supplies for the use of the schools, must be furnished under the direction of the city boards of education and boards of school trustees, and charges therefor must be audited and paid as other claims against the county school fund of their districts are audited and paid. [Amendment approved March 23, 1893; Stats. 1893, p. 251; in effect immediately.]

1621. Moneys for support of schools. The boards of school trustees and city boards of education must use the school moneys received from the state and county apportionments exclusively for the support of schools for that school year, until at least an eight months' school has been maintained; if at the end of any year during which an eight months' school has been maintained there is an unexpended balance, it may be used for the payment of claims against the district outstanding, or it may be used for the year succeeding. Any balance remaining on hand at the end of any school year in which school has not been maintained eight months shall be reapportioned by the superintendent of schools as other moneys are apportioned; provided, that if a district has been prevented from maintaining a school for eight months in any year in consequence of fire, flood, prevailing epidemic, or other cause, which may, upon investigation by the superintendent of the county, be determined to be a good and sufficient one, said balance shall not be reapportioned. [Amendment approved March 23, 1893; Stats. 1893, p. 251; in effect immediately.]

1625. Repealed; Stats. 1891, p. 165.

1634. Duties of census marshal. It is the duty of the census marshal,

First. To take annually, between the fifteenth and thirtieth days of April, inclusive, a census of all children,

including the children of Indian parents who pay taxes, or who are not living in the tribal relation, under seventeen years of age, who were residents of his district on said fifteenth day of April.

Second. To report the results of his labors to the superintendent of schools (or to the board of education in cities), on or before the tenth day of May in each year.

Third. He shall visit each habitation, home, residence, domicile, or place of abode in his district, and by actual observation and interrogation enumerate the census children of the same.

Fourth. Before entering upon the discharge of his duties as such, the census marshal must qualify and file his oath of office in the office of the superintendent of schools. [Amendment approved March 23, 1893; Stats. 1893, p. 251; in effect immediately.]

1636. What report must show. His report must be ma le under oath, upon blanks furnished by the superintendent of public instruction, and must show,

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

Second. The names of the parents or guardians of said children, arranged alphabetically, except in cities of the first class. In all cities the number and street of residence must be given.

Third. Such other facts as the superintendent of public instruction may designate.

Fourth. The census marshal shall have power to administer oaths to parents and guardians.

Fifth. If at any time the superintendent of schools has reason to believe that a correct census of the district has not been taken, he must have it corrected, and if necessary for the purpose, he may appoint a census marshal, and have the census of the district retaken. Should the board of education or board of school trustees of said city or district refuse to issue an order for the compensation of said marshal for his services, the superintendent is hereby authorized to issue his requisition therefor against the county fund of such city or district without such order. [Amendment approved March 23, 1893; Stats. 1893, p. 252; an efect immediately.]

1637. What to include in report. He must include in his report all children who are absent attending institutions of learning, and whose parents or guardians are residents of the district; he must also include as census children the children of Indian parents who pay taxes, and of Indian parents who are not living in the tribal relation; he must also include all orphan children absent from the district in orphan asylums whose guardians reside in the district, and every half-orphan absent in asylums whose surviving parent or guardian resides in the district; he must also include all native-born Chinese children. [Amendment approved March 23, 1893; Stats. 1893, p. 252; in effect immediately.]

1638. What not to include in report. He must not include in his report children who are attending institutions of learning, or such benevolent institutions as deaf and dumb, blind, and orphan asylums in his district, whose parents or guardians do not reside therein. [Amendment approved March 23, 1893; Stits. 1893, p. 252, in effect immediately.]

1639. Compensation of census marshal. The compensation of census marshal must be audited and paid as other claims upon the school fund of the district are audited and paid; provided, such compensation shall not exceed six dollars per day for time actually and necessarily employed; and provided further, that in no case shall the compensation be computed at a per capita sum; nor shall any order for such compensation be drawn by the trustees of any district, or by any board of education, until they shall have been notified by the superintendent that the report of the census marshal has been approved by him. In case the report should not be approved by the superintendent, the census marshal shall not be entitled to receive any compensation. [Amendment approved March 23, 1893; Stats. 1893, p. 253; in effect immediately.]

1649. Clerk. Boards of trustees must annually, on the first Saturday of July, meet and elect one of their number clerk of the district; and if a clerk is not elected at this date, the superintendent shall appoint. [Amendment approved March 20, 1891; Stats. 1891, p. 160.]

1650. Duties of clerk. It is the duty of the clerk, First. To call meetings of the board at the request of two members, and to act as clerk of the board, and keep a record of its proceedings, and an accurate account of the receipts and expenditures of school moneys.

Second. To keep his records and accounts, open to the inspection of the electors of the district, in suitable books provided by the board of school trustees for that purpose.

Third. To place the monthly journal designated as the official organ of the department of public instruction in the school district library each month; and if he fails to receive it regularly, to immediately notify the publishers of such fact.

Fourth. To perform such other duties as may be prescribed by the board. [Amendment approved March 23, 1893; Stats. 1893, p. 253; in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 160.

The clerk of each 1651. Clerk to provide supplies, etc. district must, under the direction of the board of trustees, provide all school supplies authorized by this chapter, keep the school-house in repair during the time school is taught therein, and exercise a general care and supervision over the school premises and school property during the vaca tions of the school. [Amendment approved March 23, 1893; Stats. 1893, p. 253; in effect immediately.]

1662. Admission to school, and power of trustees. Every school, unless otherwise provided by law, must be open for the admission of all children between six and twentyone years of age residing in the district, and the board of school trustees, or city board of education, have power to amit adults and children not residing in the district, Trustees shall whenever good reasons exist therefor.

have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Mongolian or Chinese descent. When such separate schools are established, Indian, Chinese, or Mongolian children must not be admitted into any other school; provided, that in cities and towns in which the kindergarten has been adopted, or may here

after be adopted, as part of the public primary schools, children may be admitted to such kindergarten classes at the age of four years. [Amendment approved March 23, 1893; Stats. 1893, p. 253, in effect immediately.]

This section was also amended at the session of 1891: Stats. 1891, p. 161.

Colored or Chinese children, admission of, to public schools: 66 Cal. 473, 82 Cal. 588.

1663. Primary and grammar schools. 1. All schools, unless otherwise provided by law, must be divided into primary and grammar grades. The county board of education must, except in incorporated cities having boards of education, on or before the first day of July, prescribe the course of study in each grade for the ensuing year.

2. Except in incorporated cities having boards of education, the county board of education shall require that promotions, upon written examinations or otherwise, in each of said courses, shall take place at stated periods, at least once in each school year. It shall also provide for conferring diplomas at the end of the course of study in the grammar grade for those who satisfactorily pass the required examination.

3. The county board of education may amend and change, subject to section sixteen hundred and sixty-five, either of the above courses of study, whenever necessary. [Amendment approved March 23, 1893; Stats. 1893, p. 254; in effect immediately.]

This section was also amended in 1891: Stats. 1891, p. 161.

1665. What may be taught. Instruction must be given in the following branches, in the several grades of which each may be required, viz., reading, writing, orthography, arithmetic, geography, grammar, history of the United States, elements of physiology and hygiene, with special instruction as to the nature of alcoholic drinks and narcotics, and their effects upon the human system, vocal music, elementary book-keeping, industrial drawing, and civil government; provided, that instruction in physiology and hygiene, elementary book-keeping, and civil government may be oral, no text-books in these subjects being required to be purchased by the pupils;