USA > California > Alameda County > Alameda > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 34
USA > California > Alameda County > Berkeley > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 34
USA > California > Alameda County > Oakland > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 34
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Sixth-To receive, purchase, lease and hold in fee, in trust for the city of Oakland, any and all real estate, and to hold in trust any personal property that may have been acquired, or may here- after be acquired, for the use and the benefit of the public schools of said city : provided, that no real estate shall be bought, sold or exchanged, or expenditures incurred for the construction of new school-houses, without the consent of four members of the Board of Education and four members of the City Council of said city ; and provided further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots, or the erection of school-houses. And the City Council of said city are hereby authorized and required to make over to said Board of Education, upon application in writing by said Board, through its President and Secretary, by good and sufficient deeds of conveyance, all property, both real and personal, now held by said City Council in trust for said city, for the use and benefit of the public schools ; and the said Board is hereby authorized to defray all expenses attending the same.
Seventh-To grade, fence and improve all school lots, and in front thereof to grade, sewer, plank or pave and repair streets, and to construct and repair sidewalks.
Eighth-To sue for any and all lots, lands and property belong- ing to or claimed by the said School Department, and to prose- cute and defend all actions at law or in equity necessary to recover and maintain the full enjoyment and possession of said lots, lands and property, and to employ and pay counsel in such cases : pro- vided, the amount of fees paid to such counsel shall not exceed five hundred dollars in any one year ; and further, to do any and all [lawful] acts necessary thereto.
Ninth-To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto. And in pursuance of this provision the Board shall on or before the first Monday of February of each year, submit in writing to the City Council a careful estimate of the whole amount of money to be received from the State and County, and the amount required from the city for the above purposes ; and the amount so found to be required from the city shall, by the City Council, be added to the other amounts to be assessed and collected for city purposes : provided, that the amount to be thus assessed for school purposes shall not exceed forty cents on each one hundred dollars valuation upon the assess- ment roll, and that when collected it shall be immediately paid into the School Fund, to be drawn out only upon the order of the Board of Education.
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Tenth-To establish regulations for the just and equal disburse- ment of all moneys belonging to the Public School Fund.
Eleventh-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.
Twelfth-To discharge all legal incumbrances, now existing or which may hereafter exist, upon any school property.
Thirteenth-To prohibit any child under six years of age from attending the public schools.
Fourteenth-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 .- [Amendment, March 1, 1872.
SEC. 3. The President of the Board of Education shall have power to administer oaths and affirmations concerning any demand upon the Treasury, payable out of the School Fund, or other mat- ters relating to his official duties.
SEC. 4. 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 ten days in one daily paper of said city.
SEC. 5. No School Director or Superintendent shall be interest- ed in any contract pertaining in any manner to the School Depart- ment of said city. All contracts in violation of this section are declared void ; and any Director or Superintendent violating, or aiding in violating, the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.
SEC. 6. No teacher shall be employed in any of the public 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 certif- icate shall be issued except to a person who shall have passed a satisfactory examination in such branches as the Board may re- quire, and shall have given evidence of good moral character, abil- ity and fitness to teach. The said certificates shall be in force two years from the date thereof.
SEC. 7. The Board may, in its discretion, renew, without reëx- amination, the certificate of any person so employed ; it shall have power to revoke the certificate of any teacher upon evidence of im- moral or unprofessional conduct ; and any School Director, with the consent and advice of the Superintendent, may, for good and suffi- cient cause, provisionally withdraw the certificate of any teacher employed in said schools, until the next regular meeting of the Board.
SEC. 8. At the next ensuing charter election for city officers of the City of Oakland, and at each alternate charter election thereafter, there shall be elected a Superintendent of Public Schools for said
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city, who shall hold his office for the term of two years, and until his successor shall be duly elected and qualified. He shall be ex- officio a member of the Board of Education, without the right to vote, and shall be allowed, as compensation for his services, to be paid out of the School Fund, a sum not exceeding twenty-five hun- dred dollars per annum, to be determined by the Board of Educa- tion at the first regular meeting of said Board after the election of said Superintendent. (Amendment March 1st, 1872.)
SEC. 9. The said Board are hereby authorized to elect their own Secretary, who may be a member of the Board, and who shall be paid a salary not to exceed the sum of fifty dollars per month, to be fixed by the Board. The said Secretary shall be subject to re- moval at the pleasure of the Board, and shall perform such duties as may be required of him by the Board or the Superin- tendent.
SEC. 10. The Superintendent shall report to the Board of Edu- cation annually, 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 during the preceding year, with such recommendations as he may deem proper.
SEC. 11. It shall be the duty of the Superintendent to visit and examine each school at least once a month, to observe, and cause to be observed, such general rules for the regulation and govern- ment and instruction of the schools, not inconsistent with the laws of the State, as may be established by the Board of Education ; to attend the sessions of the Board, and inform them, at each session, of the condition of the public schools, school houses, school funds, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of edu- cation in the city. He shall acquaint himself with all the laws, rules and regulations governing the public schools in said city, and the judicial decisions thereon ; and give advice, on subjects con- nected with the public schools, gratuitously, to the officers, teach- ers, pupils, and their parents and guardians.
SEC. 12. In case of vacancy in the office of Superintendent, the Board of Education shall have power to fill the vacancy until the next ensuing charter election.
SEC. 13. The School Fund of the City of Oakland shall consist of all moneys received from the State School Fund ; of all moneys arising from taxes which shall be levied annually by the City Coun- cil of said city for school purposes ; of all moneys arising from the sale, rent, or exchange of any school property, and of such other moneys as may, from any source whatever, be paid into said School Fund ; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes under the pro- visions of this Act. And if, at the end of any fiscal year, any sur- plus remains in the School Fund, such surplus money shall be car- ried forward to the School Fund of the next fiscal year, and shall
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not be, for any purpose whatever, diverted or withdrawn from said fund except under the provisions of this Act.
SEC. 14. The said School Fund shall be used and applied by the Said Board of Education for the following purposes, to wit :
First-For the payment of the salaries or wages of teachers, janitors, school census marshals, and other persons who may be employed by said Board.
Second-For the erection, alteration, repairs, rent, and furnishing of school houses.
Third-For the purchase money or rent of any real or personal property purchased or leased by said Board.
Fourth-For the insurance of all school property.
Fifth-For the discharge of all legal incumbrances now existing on any school property.
Sixth-For lighting school rooms and the office and rooms of the Superintendent and Board of Education.
Seventh-For supplying the schools with fuel, water, apparatus, blanks, blank books, and the necessary school appliances, together with books for indigent children.
Eighth-For supplying books, printing, and stationery, for the use of the Superintendent and Board of Education and for the inci- dental expenses of the Board and Department.
Ninth-For the payment of the salaries of the Secretary of the Board of Education and Superintendent of Public Schools.
Tenth-For grading, fencing, and improving, all school lots, and for grading, sewering, planking, or paving, and repairing streets, and constructing and repairing sidewalks in front thereof.
SEC. 15. All claims payable out of the School Fund shall be filed with the Secretary of the Board, and after they shall have been ap- proved by a majority of all the members elect of said Board, upon a call of the ayes and noes, which shall be recorded, they shall be signed by the President of the Board and by the Superintendent, and be sent to the City Treasurer. Every demand shall have in- dorsed upon it a certificate of its approval. All demands for sal- aries shall be paid monthly. (Amendment, March 1st, 1872.)
SEC. 16. All demands authorized by this Act shall be paid by the City Treasurer, from the School Fund, when the same shall be presented to him so ordered paid and approved by the Board ; pro- vided, that the said Board shall not have power to contract any debt or liabilities, in any form whatsoever, against the said city, in contravention of this Act.
SEC. 17. It is hereby made the duty of the Auditor of the County of Alameda, upon the first Monday in each month, and at such other times as he may see proper, to certify in duplicate to the Superintendent of Schools of said county, the amount of com- mon school moneys at that time in the county treasury, and the amount received during the previous month. The County Super- intendent shall, upon receipt of said certificates, indorse upon one
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of them the amount of said moneys to which the common schools in the City of Oakland are entitled. The certificate so indorsed shall at once be returned to said Auditor, who shall direct upon the same the County Treasurer to pay the sum designated upon said certificate to the legal custodian of the School Fund of said city.
SEC. 18. The Treasurer of said County of Alameda is hereby required to pay the sum directed by the Auditor as above provided; and when said moneys are placed in said City School Fund, they shall be used in precisely the same manner as moneys raised by city school taxes in said city.
SEC. 19. If the Superintendent of Public Schools or any mem- ber of the Board of Education shall remove from the city, or absent himself therefrom for more than thirty days, except by permission of the Board, or shall fail to qualify as prescribed by law, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the Board shall thereupon proceed to fill the vacancy until the time of the next ensuing charter election.
SEC. 20. This Act shall take effect and be in force from and after its passage ; and all laws and parts of laws, so far as they are inconsistent with or a repetition of this Act, are hereby re- pealed.
POLICE COURT.
AN ACT TO ESTABLISH A POLICE COURT IN THE CITY OF OAK- LAND, AND DEFINE ITS JURISDICTION, DUTIES, AND FEES OF COURT, AND ITS OFFICERS, APPROVED MARCH 10, 1866, AND THE AMENDMENT THERETO, APPROVED MARCH 31, 1866.
The People of the State of California, represented in Senate and Assembly, do enact as follows :
SECTION 1. A Police Court is hereby established in the City of Oakland.
SEC. 2. There shall be elected at the charter election of said city, held on the first Monday of March, A. D. eighteen hundred and sixty-seven, a Police Judge in and for said city, who shall hold his office for two years, and until his successor is elected and qualified ; and the City Council of Oakland shall have power to elect a Police Judge, who shall hold his office until the first Mon- day of March, eighteen hundred and sixty-seven, and until his suc- cessor shall be elected and qualified as aforesaid.
SEC. 3. The Police Court of the City of Oakland shall have jurisdiction of the following public offenses committed in the City of Oakland :
First-Petit larceny ;
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Second-Assault and battery, not charged to have been com- mitted upon a public officer in the discharge of his official duty, or with intent to kill ;
Third-Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not ex- ceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment ;
Fourth-Of proceedings respecting vagrants, lewd, or disor- derly persons.
SEC. 4. Said Court shall have jurisdiction :
First-Of all proceedings for violation of any ordinance of said city, both civil and criminal ;
Second-Of any action for the collection of any and all taxes and assessments levied in said city for city purposes ; or for the erection or improvement of any school house or public buildings ; for the laying out or opening or improving any public street, or sidewalk, lane, alley, bridge, wharf, pier, dock ; or for the purchase of or the improvement of any public grounds ; or for any and all public improvements made and ordered by said city within its limits, when the amount of said tax or assessment sought to be col- lected against the person, firm, or corporation assessed is less than three hundred dollars ; provided, no lien upon the property taxed or assessed for the non-payment of the taxes or assessment is sought to be foreclosed by said suit ;
Third-Of an action for the collection of money due to the City of Oakland, or from the city to any person, firm, or corporation, when the amount sought to be collected, exclusive of interest and costs, is less than three hundred dollars ;
Fourth-For the breach of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party, or is in any way interested ; and all forfeited recognizances given to, or for the benefit, or in be- half of said city ; and upon all bonds given upon any appeal taken from the judgment of said Court in any action above named, where the amount claimed, exclusive of costs, is less than three hundred dollars ;
Fifth-For the recovery of personal property belonging to the city, when the value of the property (exclusive of the damages for the taking or detention) is less than three hundred dollars ;
Sixth-Of an action for the collection of any license required by any ordinance of said city.
SEC. 5. The Police Court shall have exclusive jurisdiction of all proceedings mentioned in sections three and four of this Act, (and no other Justices in said city shall have power to try and decide cases mentioned in said sections) ; provided, that in those cases in which the Judge is a party, or in which he is interested, or where the Judge is related to either party by consanguinity or affinity within the third degree, in which cases, and also in case of the sick-
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ness or inability of the Police Judge, the said Judge may call in a Justice of the Peace residing in said city to act in his place and stead.
SEC. 6. The Judge of said Court shall also have power to hear cases for examination, and may commit and hold the offender to bail for trial in the proper Court, and may try, condemn, or acquit, and carry his judgment into execution, as the case may require, according to law, and punish persons guilty of contempt of Court ; and shall have power to issue warrants of arrest in case of a crim- inal prosecution for a violation of a city ordinance, as well as in case of the violation of the criminal law of the State ; also all sub- ponas, and all other processes necessary to the full and proper exercise of his powers and jurisdiction ; and in such of the cases enumerated in this section in which trial by jury is not secured by the Constitution of the State, he may proceed to judgment in the first instance without a jury, but on appeal the defendant shall be entitled to trial by jury in the County Court. (Amendment March 31, 1866.)
SEC. 7. The Police Court shall have the same jurisdiction in civil cases as Justices of the Peace ; and the Judge of said Court shall have the right to administer oaths, to take and certify acknowledgments to deeds and other instruments, to celebrate mar- riages, and do and perform any and all duties which by law may be performed by a Justice of the Peace.
SEC. 8. All fines and other moneys collected on behalf of the city in the Police Court shall be paid in to the City Treasury on the first Tuesday of each month ; and all bills for fees and costs due the officers of said Court, shall be submitted to the City Council at the same time the Police Judge makes his monthly report.
SEC. 9. The City Council shall furnish a suitable room for the holding of said Court, and shall also furnish the necessary dockets and blanks. One docket shall be styled "The City Criminal Docket," in which all the criminal business shall be recorded, and each case shall be alphabetically indexed ; another docket shall be styled " The City Civil Docket," and it shall contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest, and each case shall be properly in- dexed. A third docket shall contain all the other business apper- taining to the office, and in all cases the docket shall contain all such entries as are required by law to be made in Justices' dockets ; and in any case tried before the Court, the docket must show what duties were performed by any officer of the Court, and the amount of the fees due to the officer for such services, and what amount of money, if any, collected.
SEC. 10. Whenever any vacancy shall occur in the office of Police Judge, the City Council shall appoint some suitable person to fill the same until the next charter election, at which election
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the person elected Judge of said Court shall hold his office for two years thereafter, and until his successor is elected and qualified.
SEC. 11. The Police Court shall be always open, except upon non-judicial days, and then for such purposes only as by law per- mitted or required of other Courts of this State.
SEC. 12. Appeals from the Police Court shall be to the County Court of Alameda County, (in such cases as are appealable as pro- vided in this Act) such appeals to be taken as in cases of appeal from a Justice's Court.
SEC. 13. The Police Judge shall receive for all services ren- dered by him the same fees as are allowed by law to Justices of the Peace for similar services. The Marshal or Constable perform- ing any service in said Court shall receive the same fees as are allowed by law to the Sheriff of the County of Alameda for similar services. The City Attorney shall receive the same fees as are allowed by law to the District Attorney of Alameda County for similar services, and such as are allowed by the ordinances of the city. In all suits for the collection of delinquent taxes, where the sum due is less than ten dollars, the City Attorney shall be allowed one dollar and fifty cents if paid before judgment, and two dollars and fifty cents if paid after judgment.
SEC. 14. In all cases of imprisonment of persons convicted of any offense committed in the City of Oakland, of which offense the Police Court has jurisdiction to try and determine, the person so to be imprisoned, or by ordinance required to labor, shall be impris- oned in the City Jail of the City of Oakland, or if required to labor, shall labor in said city.
SEC. 15. Whenever the necessities of the case may require, the City Council may appoint a Clerk for said Court, at a salary to be fixed by the City Council.
SEC. 16. The Court shall have a seal, to be furnished by the city.
SEC. 17. The person elected to the office of Police Judge shall, within ten days after he has received his certificate of election, qualify and file his official bond, payable to the City of Oakland, with two or more sufficient sureties, in a sum of not less than three thousand dollars, to be fixed by the City Council, for the faithful discharge of his official duties ; and the Clerk shall also qualify and file an official bond, payable to the City of Oakland, in such sum as the City Council may require.
SEC. 18. The Police Judge shall, on the first Tuesday of each month, make to the City Council a full and complete report of all the cases, civil and criminal, tried in his Court in which the city has an interest, and which are required to be entered in the city civil docket, and in the city criminal docket ; said report to be made upon blanks furnished by the City Council, and in such form as may be required by said Council.
SEC. 19. The City Council may in their discretion, in addition
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to the fees allowed by this Act to the Police Judge, allow said Judge a yearly salary in such sum as to them may appear reason- able.
SEC. 20. Certified transcripts of the Police Judge's docket, under the seal of said Court, shall be evidence in any Court of this State of the contents of said docket ; and all warrants and other processes issued out of said Court, and all acts done by said Police Judge under its seal, shall have the same force and validity in any part of this State as though issued or done by any Court of record of this State.
SEC. 21. All laws and parts of laws in conflict or inconsistent with this Act are hereby repealed.
SEC. 22. This Act shall take effect and be in force from and after its passage ; provided, the Mayor and Justices of the Peace in said city shall not be divested of their jurisdiction as prescribed in this Act until the Police Judge is elected and qualified ; and, provided, further, that said Mayor (jurisdiction of the Mayor annulled, Act March 31, 1866,) and Justices shall have power to fully try and determine all matters and causes pending in their Courts at the time of the qualification of said Police Judge, and may carry their judgments into execution as fully as if this Act was not in force.
ORDINANCES - LICENSES.
AN ORDINANCE ESTABLISHING AND REGULATING MUNICIPAL LI- CENSES, APPROVED JULY 3, 1871. WITH THE AMENDMENTS THERETO, APPROVED AUGUST 11 AND 14, 1871.
The Council of the City of Oakland do ordain as follows :
SECTION 1. No person not being licensed as provided in this ordinance shall engage in or transact the business of banker, broker, real estate agent, expressman, express agent, life or accident in- surer, life or accident insurance agent, fire insurer, fire insurance agent, peddler, dealer in provisions or produce, owner of any vehicle not hereinafter specially excepted, driver of a hackney carriage, runner, soliciting agent, butcher who cuts up and vends meat, (either as employer or employee) keeper of a laundry or wash- house, keeper of a hotel, boarding house, lodging house, restaurant, saloon or place of refreshment, keeper of a public dance house or common ball room, keeper of a shooting gallery, vender of gun powder or pyrotechnics, lecturer, concert singers, common show- men, circus, theatrical or legerdemain performers, street musicians, order agents or solicitors, dealers in goods, wares and merchandise, distilled or fermented liquors, drugs or medicines, jewelry or wares of precious metals, manufactory by steam or horse power, wood, iron or other materials, barbers, bath houses, hairdressers, marble
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