USA > California > Alameda County > Alameda > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 2
USA > California > Alameda County > Brooklyn > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 2
USA > California > Alameda County > Oakland > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 2
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SECTION 5. It shall be the duty of every person who is a housekeeper, keeper of a boarding-house or lodging-house of this city, to report to the Board of Health immediately after the dis- covery of the presence of any eruptive disease, the name of every person living, boarding or lodging at his or her house, whom he · or she shall have reason to believe to be siek with such disease, and every master, or owner, or consignee of a vessel lying at a wharf, or in any creek, or anywhere in the harbor, within the city, shall make a like report and within the time specified.
SECTION 6. It shall be optional with any housekeeper, keeper of a boarding-house or lodging-house, to retain within his or her premises any persons having the small-pox, duly providing them with a physician, nurses and supplies ; provided, that in that case said househeeper, keeper of a boarding-house or lodging- house, shall immediately after the knowledge of the presence of the disease, place or cause to be placed in a conspicuous place in front of the building containing such patient, a yellow flag not less than 18 inches long and 12 inches wide, and fully spread open to public view.
SECTION 7. No person shall knowingly transport or convey, or cause to be transported or conveyed, within the limits of this city, in any hack, carriage or railroad car, or steamboat, or other licensed vehicle or public conveyance, any passenger who may be afflicted with small-pox, except by written permission from the Board of Health, and under such restrictions as said Board may direct.
MUNICIPAL OFFICERS.
List of Persons who have held Municipal Offices, from March, 1854, to January, 1869.
[Officers elected at the first election held under the Charter of 1854 :]
Mayor. HORACE W. CARPENTIER.
City Clerk.
J. R. DUNLINGSON.
City Marshal. JOHN HOGAN.
Assessor.
J. S. TUBBS.
City Council. EWD. GALLAGHER,
A. D. EAMES,
JOHN KELSEY, GEO. M. BLAKE, W. C. JOSSELYN, A. MARIER.
[Elected March, 1855 :]
Mayor. CHAS. CAMPBELL. City Clerk. THOS. GALLAGHER. Marshal. J. P. M. DAVIS.
Assessor. ANDREW CROSWELL.
City Council.
EWD. GALLAGHER,
A. D. EAMES,
S. J. LYNCH,
WM. HARWOOD,
ANDREW WILLIAMS, LEONARD JOHNSON.
[Elected March, 1856 :]
Mayor.
S. H. ROBINSON.
City Clerk. THOS. GALLAGHER.
Marshal.
J. P. M. DAVIS.
Assessor. A. D. McDEVITT.
City Council.
R. WORTHINGTON, WM. HILLEGASS,
EWD. GIBBONS,
GEO. II. FOGG,
J. G. KITTRIDGE,
F. K. SHATTUCK.
(2)
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OAKLAND DIRECTORY.
[Elected March, 1857 :] Mayor.
A. WILLIAMS.
City Clerk. EWD. GIBBONS.
Marshal. J. P. M. DAVIS.
Assessor.
A. D. McDEVITT.
City Council. WM. HARWOOD, A. DAVISON, WM. HILLEGASS, R. WORTHINGTON, N. GRAY, A. MARIER.
[Elected March, 1858 :]
Mayor. A. WILLIAMS.
City Clerk. EDW. GIBBONS.
Assessor. N. J. THOMPSON.
City Council. ' F. K. SHATTUCK, G. W. FOUNTAIN, JOIIN McCANN, G. W. SCRIBNER, TIIOS. GALLAGHER, JAS. DALEY.
[Elected March, 1859 :] Mayor. F. K. SIIATTUCK.
Marshal. A. DAVISON.
City Clerk. EDW. GIBBONS.
Assessor.
L. B. TARPLEY.
City Council. A. D. McDEVITT, EWD. HOSKINS,
J. B. PIERCE, J. R. ROGERS, A. MARIER, FRANKLIN WARNER.
[Elected March, 1860:] Mayor. J. P. M. DAVIS.
Marshal. WM. HOSKINS.
City Clerk. EDW. GIBBONS.
Assessor.
L. B. TARPLEY.
City · Council. J. B. PIERCE, J. H. BROWN, A. W. WHITE, P. W. VANWINKLE, M. M. HOWE.
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OAKLAND DIRECTORY.
[Elected March, 1861 :] Mayor. J. P. M. DAVIS.
Marshal.
WM. HOSKINS.
City Clerk. EDW. HOSKINS.
Assessor.
L. B. TARPLEY.
City Council, T. D. WOOLSEY, EDW. GIBBONS,
B. C. HORN,
D. W. BARNES, J. M. DILLON, A. D. EAMES.
[Elected March, 1862:]
Mayor. GEO. M. BLAKE.
City Clerk. E. P. SANFORD.
Marshal. WM. HOSKINS.
Assessor.
J. E. WIIITCIIER.
City Council. SAM'L MERRITT,
F. K. SHATTUCK, T. D. WOOLSEY, EWD. GIBBONS,
J. M. DILLON, A. D. EAMES.
[Elected March, 1863, the first election under the present City Charter : ]
Mayor. W. H. BOVEE.
Marshal. JAS. BROWN.
City Clerk.
E. P. SANFORD.
Assessor. J. M. DILLON.
City Council.
O. L. SHAFTER. W. W. CRANE, JR.,
EDW. GIBBONS,
C. TAYLOR, JAS. DEFREMERY, F. K. SHATTUCK.
[Elected March, 1864:]
Mayor. EWD. GIBBONS.
Marshal. JAS. BROWN.
City Council.
E. JANSSEN,
J. O. MINER,
D. P. BARSTOW,
A. C. PALMER,
C. TAYLOR. City Justice. E. I. SMITII.
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OAKLAND DIRECTORY.
[Elected March, 1865 :] MAYOR.
B. F. FERRIS.
CITY CLERK. A. D. EAMES.
ASSESSOR.
J. M. DILLON.
CITY COUNCIL.
J. O. MINER,
EWD. GIBBONS,
A. H. JAYNE, A. F. ROGERS,
F. K. SHATTUCK.
CITY JUSTICE. NORMAN WATSON.
CITY CONSTABLE. E. I. SMITH.
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[Elected March, 1866 :]
MAYOR. J. W. DWINELLE.
MARSHAL. JAS. BROWN.
CITY COUNCIL. P. S. WILCOX, A. ANDERSON,
D. P. BARSTOW.
CITY JUSTICE. GEO. H. FOGG.
BOARD OF EDUCATION. [Appointed by the Council, under the law creating a Board of Education in the City of Oak- land, in May, 1866 :]
GEO H. FOGG,
R. E. COLE,
L. HAMILTON,
B. AKERLY,
J. H. BREWER, GEO. MOOAR,
F. WARNER,
W. S. SNOOK.
[Elected March, 1867:] MAYOR. W. W. CRANE, JR.
POLICE JUDGE. NORMAN WATSON.
CITY CLERK. H. HILLEBRAND.
ASSESSOR.
J. M. DILLON.
CITY COUNCIL. W. G. MOODY, B. F. PENDLETON, W. H. MILLER, J. A. HOBART.
BOARD OF EDUCATION.
L. HAMILTON,
R. E. COLE,
GEO. MOOAR,
WM. BARTLING,
W. S. SNOOK,
L. WALKER,
B. T. MARTIN, W. B. HARDY.
CITY JUSTICE. THOS. WALL.
CORPORATE OFFICERS.
On the following page, we give the names of the Corporate Officers, the members of the Board of Health and the Police Officers. At the last charter election, held in April, 1868, there were elected a Mayor, a Police Judge, a Marshal, four School Directors, three Councilmen, and one City Justice. At the charter election to be held in March, 1869, there are to be elected a Mayor, four Councilmen, to fill the places at present occupied by Messrs. Moody, Hobart, Miller, and Pen- dleton ; four School Directors, to fill the places now occupied by Messrs. Cole, Martin, Hamilton and McLean ; an Assessor and a City Justice, and a City Clerk and Treasurer, and Super- intendent of Public Instruction.
The only compensation received by the Mayor, is the fee of fifty cents for each municipal license issued.
The Police Judge and the City Marshal each receive a salary of $2,000 per annum.
The City Clerk and Treasurer receives a salary of $200 per month. The City Attorney, who is appointed by the Council, receives a salary of $150 per month.
The salary of the City Superintendent of Public Instruction is $1,000 per annum ; and the Assessor receives the same amount.
The City Justice is entitled to collect the fees prescribed by the General Act of the Legislature, passed at its last session.
The City Clerk, Police Judge, Marshal and City Attor- ney are entitled to fees, under the Charter of the City, but they have filed waivers of this right in consideration of the salary allowed them by the City Council.
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OAKLAND DIRECTORY.
The salary of the Policemen has been fixed at $100 per month. To such as are required to keep horses, the additional sum of $25 per month is allowed.
The IIealth Officer is allowed a fee for each certificate of vaccination that he may issue.
MAYOR. SAM'L MERRITT.
POLICE JUDGE. SEXTUS SHEARER.
CITY CLERK. H. HILLEBRAND.
CITY MARSHAL. CHAS. P. MCKAY.
CITY COUNCIL.
A. H. JAYNE,
J. A. HOBART,
W. G. MOODY,
W. H. MILLER,
F. M. CAMPBELL,
D. G. BARNES,
B. F. PENDLETON.
BOARD OF EDUCATION.
B. T. MARTIN,
R. E. COLE,
N. B. HOYT,
WM. D. HARWOOD,
L. HAMILTON,
EWD. McLEAN,
G. W. ARMES.
ASSESSOR. J. M. DILLON.
CITY SUPERINTENDENT OF PUBLIC SCHOOLS. LYSANDER WALKER.
CITY JUSTICE. GEO. H. FOGG.
HEALTH OFFICER.
T. H. PINKERTON, M. D. BOARD OF HEALTHI.
SAM'L MERRITT, (Mayor)
T. H. PINKERTON, (Health Officer)
A. VERHAVE,
P. W. FONDA,
ISAAC E. NICHOLSON.
POLICE COMMISSIONERS.
SAM'L MERRITT, (Mayor) A. H. JAYNE, (Pres't Council) C. P. McKAY, (City Marshal)
CITY ATTORNEY. S. F. GILCREST.
CITY ENGINEER.
W. F. BOARDMAN.
POLICE FORCE.
J. R. CONWAY, J. HILL,
W. H. SUMMERS,
D. H. RAND,
JAS. BROWN, : E. H. WOOLSEY.
OAKLAND CITY CHARTER.
AN ACT
TO AMEND AN ACT ENTITLED AN ACT TO INCORPORATE THE CITY OF OAKLAND, PASSED MARCH TWENTY-FIFTH, EIGHTEEN HUN- DRED AND FIFTY-FOUR, AND REPEALING CERTAIN OTHER ACTS IN RELATION TO SAID CITY.
[Approved April 24, 1862.]
The People of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. The corporation, or body corporate, now existing and known as the Town of Oakland, shall remain and continue to be a body politic and corporate, by the name of the City of Oakland, and by that name shall have perpetual succession, may sue and defend in all Courts and places, and in all ac- tions ; and shall have and use a common seal, and alter the same at pleasure ; and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same for the common benefit ; provided, that it shall purchase without the city no property except such as shall be deemed necessary for establishing hospitals, prisons, cemeteries, industrial schools, and water works.
SEC. 2. The boundaries of said city shall be the same as the boundaries of the late Town of Oakland, which are more particu- larly defined and described, as follows, to-wit : Northerly, by a straight line drawn at right angles with Broadway, formerly Main street, in said city, crossing the extended line of Broad- way at a point three hundred and sixty rods northerly from
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OAKLAND DIRECTORY.
where stood the "Oakland House," on the northwest corner of Broadway and First streets, and running from the Bay of San Francisco, on the west, to the easterly or southeasterly line of that branch of the San Antonio slough, or estuary, over which crosses the bridge from Oakland to Clinton; thence along the eastern and southern highest tide land line of said slough, and of the estuary of San Antonio, following all the meanderings thereof to the mouth of said estuary, in the Bay of San Fran- cisco ; thence southwesterly to ship channel; thence northerly, along the line of ship channel to a point where the same in- tersects the said northern boundary line, extending westwardly ; provided, that nothing in this section contained shall be so con- strued as to prohibit or abridge the right of the Trustees of the Town of Clinton and San Antonio, whenever the citizens thereof may eleet, to become a body corporate, under the provisions of an Act for the Incorporation of Towns, or under the provisions of any Act which may hereafter be passed, to provide for the construction of wharves and other improvements for the accom- modation and convenience of the trade, travel and commerce, of the said towns or villages, at their respective sites.
MUNICIPAL OFFICERS.
SEC. 3. The municipal election shall be held on the first Monday of March, of each year, and such elections shall be subject to all the provisions of the law regulating elections for State officers, except as in this Act provided otherwise. There shall be elected and appointed, for the government of the City of Oakland, seven Councilmen, who shall constitute a Board, known as the City Council; a Mayor, an Assessor, a Treas- urer, who shall be ex officio Clerk of the City Council, and a Marshal, who shall be ex officio Tax Collector of said city. The Mayor shall be elected for one year, and until his successor is elected and qualified. The Assessor shall be elected for two years, and until his successor is elected and qualified. The Marshal shall be elected for two years, and until his successor
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OAKLAND DIRECTORY.
is elected and qualified, except at the first election, when he shall be elected and hold his office for one year. The Treasurer shall hold his office for two years, and until his successor is elected and qualified. The Councilmen shall be elected and hold their office for two years, and until their successors are elected and qualified ; provided, that, at the first election, the three Councilinen, of the seven elected, having received the least number of votes at the election, shall be elected and hold» their office one year, and until their successors are elected and qualified.
POWERS AND DUTIES OF THE CITY COUNCIL.
SEC. 4. The City Council shall incet on the first Monday after their election, and at such other times as they may, by ordinance, appoint. A majority of the Common Council shall constitute a quorum for the transaction of business; they shall determine the rules of their proceedings, and judge of the qualification and election of all officers elected under the pro- visions of this Act ; and shall provide, by ordinance, the method of calling special meetings of the Council; their sittings shall be public. A journal of their proceedings shall be kept by the Clerk, under their direction, and the ayes and noes shall be taken, and entered on the journal, at the request of any member ; they shall prescribe, by ordinance, the duties of all officers whose duties are not defined in this Act; they shall have the power to raise, by tax, not exceeding one and one- fourth per cent. for all purposes, (except for the redemption of bonds,) on the assessed value of the real and personal property within the limits of said city, moneys for the establishment and support of free common schools, and to provide suitable grounds and buildings therefor ; and for the defraying the ordinary expenses of the city, as well as for paving, planking, or otherwise improving, the streets of the city; they shall also have power to pass all proper and necessary ordinances for the regulation and sale of city property, and to give deeds therefor ; they shall have power to open, alter, establish, grade, or other-
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OAKLAND DIRECTORY.
wise improve and regulate, streets, alleys and lanes, and the sidewalks upon the same; to construct and keep in repair, bridges, fences, public places, wharves, docks, ferries, piers, slips, sewers and wells, and to make the assessments therefor ; to regulate and collect tolls, wharfage, dockage and carneage, upon all water crafts, and all goods landed ; to make regula- tions for securing the health, cleanliness, ornament, peace and good order of the city; for preventing and extinguishing fires, and regulating firemen, policemen, and such other officers as may be necessary to appoint for the eare and regulation of prisons and markets ; for licensing, taxing and regulating all such vehicles, business and employments, as the public good may require, and as may not be prohibited by law ; to levy a tax license upon all dogs, or otherwise prevent the same from running at large in the streets and public grounds of the city ; to regulate and suppress all occupations, houses, places, amuse- ments, and exhibitions, which are against good morals, or con- trary to public order and decency; for the regulating and location of slaughter houses, markets, stables, and gas works, and houses for the storage of gunpowder and other combustible materials ; and to pass all such other ordinances, and provide suitable buildings for the management, good government, and general welfare, of said city, as may not be inconsistent with this charter, or with the Constitution or laws of this State, or the United States. They shall also have power to pass such ordinance, or ordinances, as may be necessary to prevent animals from running at large within the limits of the city; to establish a Pound and appoint a Pound Keeper, and pre- scribe his duties, and to provide for the public sale, by the Pound Keeper, of such animals as may be impounded, in the same way, and upon like notice, that personal property is sold by execution, under the laws of the State; provided, said City Council shall allow, by ordinance, the owner or owners of such property so impounded, to reclaim the same at any time before sale, upon payment of costs and charges of taking up and im- pounding, and within thirty days after the sale, shall allow him
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OAKLAND DIRECTORY.
or them, upon proof of the ownership of the property sold, duly made before the Mayor, and upon payment of the costs and expenses of impounding and selling, and upon the payment of the sum of one dollar to the Mayor, as a fee for the investi- gation of the question of ownership, and for his certificate to that effect, the purchase money arising from such sale or sales ; they shall also have power to affix penalties to the violation of any and all ordinances ; such penalties shall be by fine, not exceeding one hundred dollars, and in case the fine be not paid, then they may direct that the person or persons may be impris- oned, at the rate of one day for every two dollars of the fine imposed, or in lieu of the imprisonment, or any part of it, they may direct that the person or persons so fined, shall labor under the direction of the city authorities, either upon the streets, public grounds, or buildings, or in such other places as may be deemed advisable for the benefit or revenue of said city; they shall have power to appoint suitable persons to fill vacancies in the office of Mayor, Councilmen, or any other elective office, until the next regular charter election, when, if the term be unexpired, an election shall be held, to fill such vacancy for the unexpired term of said officers. They shall also have power to determine the compensation to be paid to the As- sessor, Treasurer, and Clerk, Marshal, and all other officers to whom the receipt or expenditures of the moneys or funds of the city shall be entrusted ; provided, that the members of the City Council shall receive no salary for their services. The City Council shall have no power to borrow money, unless they shall by ordinance direct the same, in anticipation of the revenue for the coming year, and shall provide in said ordinance for repaying the same out of such revenue; nor in such case shall they borrow a sum to exceed ten thousand dollars ; they shall have power to provide for all city elections, to designate the place or places of holding the same, giving at least ten days' notice thereof ; to appoint Inspectors and Judges of Elec- tion, examine the returns, and declare the result, and to de- termine contested elections. The Board shall elect a member
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OAKLAND DIRECTORY.
from their own body, to preside at the meetings, and to dis- charge the duties of Mayor whenever there shall be a vacancy in the office of Mayor, or the Mayor shall be absent from the city, or be unable, from sickness, or other cause, to attend to the duties of his office; and in absence of the Clerk, to appoint one of their members to act as Clerk ; they shall have power, whenever they may deem it necessary to exercise the same, to establish and fix by ordinance, a salary for Mayor, in addition to the fees received by him as Justice of the Peace; but such ordinance shall not take effect unless ratified by a vote of the citizens of said city, at the next succeeding election ; they shall also have power, and may set aside any amount of money belonging to the city which may at any time be in the hands of the Treasurer, after deducting the current expenses of the city, and the interest due upon the funded debts of said city, as a sinking fund, whereby the bonds issued by said city may be redeemed, or they may, at any time before said bonds shall become due, with any surplus money which may belong to the city, after paying said expenses and interest, redeem, or purchase for the city, and in its name, in the manner most advantageous to the city, any outstanding bonds, which bonds, or claims, when so purchased, shall be immediately cancelled ; provided, this right shall not affect the rights of the holders of said bonds, or in any way prevent them from holding the same until said bonds become dne and payable ; they shall also have the power to determine the width of sidewalks and the material and manner of their construction, as well as the grade of the same; and shall also have the power and right to require and compel the owner, or occupant, of any lot or lots, situate upon any street of said city, to erect, construct and keep in repair, the sidewalks fronting his or her lot or lots; and, in case the owner or occupant, of any lot or lots, after due notice, refuse to build, repair or keep in repair, said sidewalks, in accordance with the general regulations, then the Council may cause the same to be built or repaired, and the costs and charges shall be a lien on said lot or lots, and may be inforced by suit at law; and said
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OAKLAND DIRECTORY.
lien shall not be discharged until said costs and charges have been paid ; they shall also have the power to establish fire dis- tricts, and within said districts to prevent the erection of wooden buildings, or any buildings composed of combustible materials, and also to prevent the further repairing of wooden buildings within the fire limits established.
SEC. 5. They shall also have the exclusive right, in the manner described by ordinance, of issuing and granting of licenses, and of collecting the tax licenses, for the benefit of the city, upon the following business and property, to-wit: Upon each and every person, within the limits of said city, who shall vend any goods, wares or merchandise, wines, or distilled and fermented liquors, drugs or medicines, jewelry, or wares of precious metals, and persons who keep horses and carriages for rent or hire, (except inules, horses or animals used in the trans- portation of goods,) that is to say, all persons dealing in the aforesaid business in said city, and whose average monthly sales, rents or receipts are estimated at one thousand dollars, and less than five thousand dollars ; and those, also, whose average monthly sales, rents or receipts are one thousand dollars, and less than one thousand dollars ; also, upon all taverns, inn- keepers, and upon all persons who may sell and dispose of any malt, spirituous or fermented liquors or wines, in less quantities than one quart, and the said licenses shall be issued quarterly or yearly ; also, upon every person with the limits of said city, who shall keep a stallion, jack, bull or ram, and who shall permit the same to be used for the purpose of propagation, for hire or profit, which license shall be a yearly license; all of which licenses, when granted by said city, and duly obtained by the person or persons desiring the same, shall entitle them to carry on said business, trade or profession in said city ; but this section shall not be so construed as to require those having licenses for carrying on said business, to obtain one from the city until the expiration of the licenses now held by them.
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OAKLAND DIRECTORY.
TIME AND METHOD OF LEVYING TAXES.
SEC. 6. The City Council shall, between the first Monday in January and the first Monday of March, in each year, by ordi- nance, levy a tax sufficient to pay the interest on the funded debt of said city, and in addition thereto, any amount they may deem necessary for any and all purposes for which they are authorized to levy a tax, the whole amount of which, not exceeding one and one-fourth per cent. on all real and personal property. Such ordinance shall designate the number of cents which shall, on each one hundred dollars of taxable property, real and personal, and improvements, be levied. The City Council shall, prior to the first Monday of March, of each year, furnish, or cause to be prepared, suitable and well bound books for the use of the Assessor, in which he shall enter his tax list or assessment roll, as hereinafter set forth.
SEC. 7. Every tax levied under the provisions or authority of any ordinance passed in pursuance of this Act, is hereby made a lien upon the property assessed, which lien shall attach on the first Monday of March in each year, and shall not be satisfied or removed until the taxes are all paid, or the property has absolutely vested in a purchaser, under a sale of taxes.
SEC. S. Every ordinance passed by the City Council shall be presented to the Mayor, for his approval; if he approve, he shall sign it ; if not, he shall return it within five days there- after, or if the City Council be not then in session, at its next meeting, when said City Council shall reconsider said ordinance, and if approved by two-thirds of all the members elected to such Board, it shall take effect and stand as an ordinance of the city.
DUTIES OF THIE ASSESSOR.
SEC. 9. It shall be the duty of the Assessor, before entering upon the duties of his office, and within ten days from the time he has received his certificate of election, to qualify, and also to file his official bond, payable to the city, with two or more
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OAKLAND DIRECTORY.
sufficient securities, in such sum as the City Council shall de- termine, for the faithful discharge of his official duties. If the Assessor shall neglect to assess any property liable to be taxed, or shall fail to perform his duties in the manner, time and form prescribed in this charter, he shall be liable on his official bond for all the damages and losses the city or any person may sustain, by reason of said neglect.
SEc. 10. The Assessor shall have power to administer oaths or affirmations, contemplated by law, in the discharge of his official duties.
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