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 4
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 4
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 4
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OAKLAND DIRECTORY.
shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, or if he shall pay the taxes and cost, to prevent sale, then such person" ally discharged defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, for the full sum of taxes and costs, or redemption money paid ; and in every case of such recovery, the judgment shall, in addition to the taxes and costs, or. in addition to the redemption money paid, include twenty-five per cent. of the amount of taxes and costs, or redemption money, as liquidated damages, and the receipt of the City Attorney, Sheriff, or Mar- shal, shall be sufficient evidence of the debt and amount.
SEC. 40. An Act to regulate Civil Cases in Courts of Jus- tice of this State, and the several Acts amendatory thereto, so far as the same are not inconsistent with this charter, are hereby made applicable to proceedings under this Act, but so far as they conflict with the charter in their application to cases arising under this Act, are hereby repealed; also that part of the Revenue Law of this State, so far as the same is not in conflict with the provisions of this charter, is also made appli- cable, but in every particular in which it is in conflict with this charter, as to the manner of levying and collecting of taxes in said city for city purposes, and so far as it conflicts with the manner of issuing and collecting of license in said city, is hereby repealed ; and any deed derived from a sale of real property under this Act shall be conclusive evidence of title, except as against actual fraud, or payment of taxes by one not a party to the action or judgment in or upon which sale was made, and shall entitle the holder thereof to a writ of assist- ance from the District Court, to obtain possession of such prop- erty ; provided, that the Sheriff or Marshal, in selling said prop- erty, shall sell the smallest quantity that any purchaser will take and pay the judgment and all costs ; and, provided, that the said real estate may be redeemed as in the other cases of sale under execution. All sales of real estate for delinquent taxes, as in this charter provided, by virtue of any execution issued
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OAKLAND DIRECTORY.
by the Mayor or Justice of the Peace, shall be made by the City Marshal, and in front of the Council Chamber, and upon such notice as is required by law; and he shall execute and deliver a certificate of sale to the purchaser; and when the time of redemption has expired, if the property be unredeemed, he shall execute and deliver a deed for the premises so sold, to the purchaser or his assigns.
SEC. 41. The City Attorney shall receive, as fees, ten per cent. on the amount of taxes due, if paid after delinquency, and before such suit is brought, and fifteen per cent. if paid after suit is brought, which shall be added to the amount of taxes due ; and in all cases after delinquency, five per cent. shall be added to the amount of taxes due, for the benefit of the city, and such fees shall be taxed up as costs. All officers shall perform such service as may be required of them under this Act, without payment of fees in advance; and, all costs shall be taxed and entered in the judgment against the person or property, where the judgment is in favor of the plaintiff; provided, no costs shall be paid to any officer, unless the same be collected of the defendant or from the property.
SEC. 42. It shall be the duty of the City Attorney, as soon as any delinquent tax has been paid, to enter the same on the delinquent tax list, and the time of payment opposite the name of the person or property so paying, and he shall, within one month, pay over the same to the City Treasurer, and take his receipt therefor; and on the last Saturday before the first Mon- day of March, he shall make a final settlement, or sooner, if required by the City Council, and he shall then make affidavit that he has paid to the City Treasurer all the moneys collected by him, and that all that have paid to him taxes, as well as those from whom taxes have been collected subsequent to the time the delinquent list has been given to him, are marked " paid," on the delinquent assessment roll.
SEC. 43. If the City Attorney shall fail to make final set- tlement, as above provided, for the space of ten days, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
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shall be fined, in any sum not more than five hundred dollars, or by imprisonment, not more than six months, or by both such fine and imprisonment, and his office shall thereupon become vacant.
SEC. 44. The City Council may require of the City Attorney, as well as of all the officers of trust, a good and sufficient bond, for the faithful discharge of all the duties imposed by law or ordinance, and each and all officers who fail or neglect to per- form all the duties imposed upon them, shall be liable upon their official bond, to the city, or to any party aggrieved.
SEC. 45. The Mayor elected under this charter shall, before entering upon the duties of his office, execute an official bond payable to the city, in such sum as the Council may direct, for the faithful discharge of his official duties, which bond shall be subject to the approval of the Council, and be deposited with the Clerk. He shall communicate to the Council, semi-annu- ally, or oftener, if necessary, a general statement of the situa- tion and condition of the city, together with such recommend- ations relative thereto as he may deem expedient ; he shall be vigilant and active in causing the ordinances of the city to be executed and enforced, and he shall be the head of the Police, and shall exercise a supervision and control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them, for viola- tion or neglect of duty, and certify the same to the Council. He shall sign all ordinances and contracts made in behalf of the city, and countersign all licenses and warrants on the Trea- sury, and have jurisdiction of all violations of the city ordi- nances, and shall have, within the limits of the city, like juris- diction as is conferred on Justices of the Peace. He shall have power to administer oaths and affirmations, and shall act as City Attorney until the next election after which he may be appointed City Attorney, by the Council.
SEC. 46. The Treasurer shall receive, and pay out, all mon- eys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed
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by ordinance ; he shall make a monthly statement to the Coun- cil, of the receipts and expenditures of the preceding month, and keep all the papers and documents belonging to the city, attend the meetings of the Council, and keep a journal of their pro- ceedings, and a record of all their ordinances, and shall do all other things required of him by ordinances.
SEC. 47. The Marshal shall execute, within the city, and re- turn all processes issued and directed to him by the Justice or Mayor, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Council, and take them be- fore the Mayor, or any other legal authority within the city ; he shall pay over all moneys into the City Treasury, received in pursuance of the ordinances of the Council; and shall attend the meetings of the Council ; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordinance.
SEC. 48. The officers or persons to whom the receipts or ex- penditure of the moneys or funds of the city shall be entrusted, shall give security in such amount as the Council may require, payable to the city, and subject to the approval of the Mayor ; such bond or bonds shall be subject to the provisions of the law concerning the official bonds of officers. In case such security becomes insufficient, additional security may be required, and if not given, the Council by a vote of two-thirds of the mem- bers, may declare the office vacant, and order a new election.
SEC. 49. All fines and other moneys received by any officer or person, under this charter, or collected under ordinance of the Council, shall be paid over, every month, by such officer or per- son, unto the City Treasurer, under oath ; and no officer shall be entitled to receive compensation for any services rendered, until he file his affidavit with the Mayor, that he has faithfully accounted for, and paid over all moneys received by him, and for which he is bound to account.
SEC. 50. The corporation created by this Act shall succeed to all the legal and equitable rights, claims, and privileges, and shall be subject to all the equal or equitable liabilities and obli-
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OAKLAND DIRECTORY.
gations, made bona fide, of the Town and City of Oakland. And the City Council shall have full power to maintain suits in proper Courts to recover any right or interest to property which may have accrued to the Town and City of Oakland.
SEC. 51. All sales or leases of property, belonging to the City of Oakland, shall be by public auction, to the highest bidder, and upon such terms and conditions as the Council may, by or- dinance, direct ; and all contracts for work, or supplies of any kind, for more than fifty dollars, shall be let to the lowest re- sponsible bidder, after ten days notice given, by posting the same in three of the most public places in the city, or by pub- lishing the same in any newspaper that may be established in said city or county.
SEc. 52. Licenses shall be discriminating, and proportionate to the amount of business.
SEC. 53. The style of the city ordinance shall be as follows : " The Council of the City of Oakland do ordain as follows." All ordinances shall be published, by written advertisements posted up at the Mayor's office, and at three other public places in the city, or in a newspaper published in the city.
SEC. 54. No executive officer, nor member of the City Coun- cil, nor any officer of the corporation, shall be directly, or in- directly, interested, nor shall he be security for any person who may be so interested, in any contract work, or business, or the sale of any thing whatever, the expense, price, or consideration of which is payable from the City Treasury, or by assessment levied under an ordinance of the City Council.
SEC. 55. For all services rendered by the Mayor, he shall not receive any salary for the first year, but he shall be entitled to the same fees and emoluments for his acts as Justice of the Peace as are by law allowed to Justices of the Peace for similar services ; and the City Marshal shall be entitled to the same fees as are by law allowed to Constables for similar services, and for all duties required of him except as herein otherwise provided for.
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OAKLAND DIRECTORY.
SEC. 56. If any officer under this Act, or member of the City Council, shall remove from the city, or absent himself therefrom, for more than thirty days, or shall fail to qualify by taking the oath of office, as prescribed by law, or to file his official bond, whenever such bond is required, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the City Council shall thereupon fill the vacancy.
SEC. 57. [This section was amended and altered by " An Act supplementary to and to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and repealing certain other Acts in relation to said city, approved April twenty-fourth, eighteen hundred and sixty-two." The section provides for the adoption of a general plan or system of streets, and for the opening of streets in accordance therewith, the principal sec- tion of which Act is as follows :- ]
The City Council shall, when they may deem the same necessary, establish by ordinance a general plan or plans of streets, for any and all portions of the city not laid out into streets ; and after such plan or plans shall have been so estab- lished, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contem- plated by said plan or plans, shall not be included in any assess- ment of damages which may be made when the city proceeds to open said streets. Applications for opening any street or streets embraced in any plan heretofore adopted, or to be hercafter adopted, by the City Council, shall be made to the Council by petition in writing, designating the street or any part thereof desired to be opened, which said petition shall be signed by the applicant or applicants, and shall state their places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occupants of the land embraced within the lines of said street, or owning or occupying the lands abutting upon the same, which said notice shall briefly state the substance of said petition, and shall require such
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owners or occupants to appear before such Council, at the time which said Council shall designate by resolution, which shall not be less than twenty days from the adoption of such resolution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objections they may have to the opening of said street ; provided, however, that whenever the lands embraced within said lines of said streets, or abutting upon the same, are vacant or unoccupied, or the owners or occupants thereof cannot be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient service of said notice upon said owners or said occupants to post the same in a conspicuous place upon said vacant or unoccupied lands, and also at the office of the Mayor of said city, at least ten days prior to the said time fixed for said appearance.
At the time appointed for said hearing, the parties notified shall appear and briefly state, in writing, their objections, if any they have, to the opening of said street or streets; and if dam- ages are claimed, shall also therein state the amount thereof; if damages are claimed, the Council shall designate a day to determine the same, which shall not be less than ten days after the time so appointed to hear said parties as aforesaid. Upon such designated day, or such other day to which the hearing of the same shall be continued, the Council shall proceed to hear the allegations of the parties, and such process as may be pro- duced in support of or against the same, for which purpose the presiding officer at such meeting of said Council shall have power to administer all necessary oaths or affirmations, and if the party to whom the same is administered shall wilfully, cor- ruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon con- viction thereof shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. Thereupon, said Council shall separately assess the amount of damages to each person entitled to the same ;
(4)
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provided, that if the opening of said street or streets shall bene- fit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be es- timated and deducted from the damages. If, however, after being notified as aforesaid, said owners or occupants fail to ap- pear and elain damages as aforesaid, the said Council shall only award them nominal damages.
Any owner or occupant of land aggrieved by the action of the Council respecting the amount of damages allowed them, shall have the right to appeal to the County Court of the County of Alameda, where said question of damages, and none other, shall be heard anew and determined. Said appeal shall be taken by filing a notice with the Clerk of said County Court, and by serving a copy upon the Mayor of said city, within five days after said assessment of damages by said Council ; and within three days after the filing of such notice said aggrieved party shall cause to be transmitted to the said County Court a copy of the order or resolution of the Council, assessing said damages, certified to by the Clerk of the Council, for which copy and cer- tificate said Clerk shall be entitled to receive a fee of two dol- lars upon the filing of said certified copy of said order or reso- lution, in said County Court, together with an undertaking on the part of said appellants, in the sum of one hundred dollars, executed by two good and sufficient sureties, to be approved by the Mayor of said city, which said undertaking shall be condi- tioned to the effect that the said appellants will pay all the costs of the appeal and all costs that may be recovered against him or them in said County Court; provided, he or they recover therein no greater sum as damages than were assessed or allowed by said Council, together with ten per cent. additional thereto. The County Judge shall order a special term of the County Court to be holden on a day to be designated, not more than ten days after filing said certified copy of said resolution or order, at which said special terin, the said issue as to damages should be tried de novo, with or without a jury, as the parties may desire ; and upon the rendition of judgment therein, a certified copy
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thereof shall be transmitted by the Clerk of said Court to the Clerk of the City Council, who, upon the order of said Council, shall cause the amount thereof to be paid by the Marshal of said city to the parties entitled to the same, said judgment shall separately state the amount of damages to which each party is entitled. If the appellants, or either of them, recover no more in said County Court than the amount assessed to him by said Council, together with ten per cent. additional thereto, he shall pay the costs of the appeal ; but if he or they recover a sum more than ten per cent. beyond the amount so allowed, he shall be entitled to recover of said city the said costs of appeal ; pro- vided, that if any claimant of damages shall not give notice of appeal in the manner and within the time hereinbefore specified, then he shall be deemed to have assented to said assessment of damages by said Council ; and provided, further, that if any occupant or owner of such lands shall fail, after being notified as aforesaid, to appear and elaim damages, he shall be deemed to have waived his right of appeal to said County Court.
The provisions of an Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, and the Acts amendatory thereof and supplementary thereto, shall be applicable, so far as the same are not inconsistent with this Act. There shall be the same right to appeal from any such judgment rendered in said County Court, as if the action had been originally brought therein.
When the amount of damages shall be finally ascertained and determined, the said Council shall order the Marshal to pay the amount thereof to the parties entitled thereto, and upon such payment, or the tender thereof, the said Marshall shall proceed and open said street. All streets that have been laid out by the authorities of the Town or City of Oakland, and de- clared to be public thoroughfares or streets, and that have been used as such, shall be and are hereby declared public streets, to the extent that the same may have been used; provided, that private rights of property shall not be affected thereby.
SEC. 58. An Act to incorporate the City of Oakland, passed
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March twenty-fifth, eighteen hundred and fifty-four, and also an Act to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fifteenth, eighteen hundred and sixty- one, and also an Act amendatory of and supplementary to an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fourteenth, eighteen hundred and sixty-one, and also all other Acts in conflict with the provisions of this charter, are hereby repealed ; provided, that the validity of the ordinances . or proceedings of the Trustees of the Town of Oakland, and of the authorities of the City of Oakland, shall in no wise be affected thereby.
SEC. 59. This Act shall take effect from and after its passage ; but no part thereof shall be so construed as to alter the terms of office to which the present officers of the city were elected at the last charter election, March third, eighteen hundred and sixty-two.
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LAND TITLES IN OAKLAND.
ABSTRACT OF THE ORIGIN OF THE TITLE TO THE LAND ON WHICH THE CITY OF OAKLAND IS SITUATED.
1 GOVERNMENT OF MEXICO TO
2 LOUIS MA PERALTA,
TO
3 IGNACIO PERALTA, ANTONIO PE- RALTA, DOMINGO PERALTA, VINCENTE PERALTA,
October 18th, 1822. Grant Rancho of San An- tonio, embracing the land upon which the City of Oakland is situated.
In 1842, a division was made of the rancho of San Antonio among the four sons of Louis Ma Peralta, and they were put in possession of their respective portions. To Vincente was given that portion embracing the City of Oakland. In 1851 Louis Ma Peralta executed an instrument purporting to be a will, which ratifies and con- firms this division of the rancho among his four sons. The Supreme Court, in the case of Adams vs. Lansing, 17 Cal., says that this will estops the heirs of Louis Ma Peralta from denying the said gift to his sons. By this decision the "Sisters " title is declared to be of no validity.
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4 In 1854, the Board of Land Commissioners confirmed the northern portion of the rancho San Antonio to two of the sons of Vineente Peralta; and the same was afterwards, in 1855, confirmed by the United States District Court, and afterwards December, 1856, by the Supreme Court of the United States.
ANTONIO PERALTA, IGNACIO PERALTA, DOMINGO PE- RALTA;
TO VINCENTE PERALTA,
TO
6 JOIN CLAR, (one-sixth) B. DE LA BANA, (one-twelfth) Jos. K. IRVING, (one-fourth) JACOB A. COST, (one-fourth)
JNO. C. HAYES,
(one-fourth)
JNO. CAPERTON.
November 28th, 1853. Release by deed to Vin- cinte Peralta, of that [ portion of the rancho San Antonio, embracing J. the City of Oakland.
Deed 13th of March, 1852. Recorded in Con- tra Costa County. The original purchase and contract of sale made by Antonio Peralta and Clar, in October, 1851, is made part of the deed. The acknowledgment has been pronounced imper- fect.
7 JOIN CLAR, TO J. K. IRVING.
- February, 1852. Deed recorded in Contra Costa County. -
8 B. DE LA BANA, TO Deed.
Jos. K. IRVING, J. M. GOGGIN, W. C. JONES.
9 WM. C. JONES, TO Deed.
EUGENE CASSERLY,
9 J. M. GOGGINS, EUGENE CAS- SERLY, TO Deed.
J. K. IRVING, HAYES & CA- PERTON, and Heirs of Cost,
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9 Jos. K. IRVING, JNO. C. HAYES, JOHN CAPERTON, ANNA R. POOL, CATHERINE S. LYON, JAS. LYON, (her husband) S. S. YOUNG, ALEXANDER H. YOUNG, (her husband.) [Heirs of Cost, by Wm. S. Pool, their Attorney in fact.]
Executed partition deed, recorded in Ala- meda County. Married women executing by at- torney renders the in- strument imperfect as to some of the third parties.
10. Power of attorney sufficient in terms from Anna R. Pool et al., heirs of J. A. Cost, to Wm. S. Pool (defective as to mar- ried women), executed in Washington City in June, 1853, duly acknowledged, and recorded in Alameda County.
11 Power of attorney to Montgomery Blair, sufficient in terms, from same parties (except Serena S. Young, who was de- ceased and left minor heirs, for whom their father Alexander H. Young, signed the instrument, as guardian), executed and ac- knowledged in Washington City, February 2d, 1854, and re- corded in Alameda County, May 6th, 1854.
12 In the same year the interests of the minor heirs of Serena S. Young were vested in Alexander HI. Young, by proceedings . in the Probate Court in San Francisco, deed recorded in Ala- meda. County, June 14th, 1854.
13. Another partition deed to correct errors in description of lands in the former deed, the same in all other respects, except in place of Serena S. Young, deceased, was Alex. H. Young, and the heirs of Cost deceased, by M. Blair, their attorney in fact.
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OAKLAND DIRECTORY.
: -
14 ANNA R. POOL, TO
J. C. HAYES, et al.
Deed referring to . for- mer deed of partition, and ratifying and con- firming the same in all respects, and all acts of Pool, Blair and Black, as agents, executed in the City of Washington, in September, 1858, record- ed in Alameda County.
15 JOSEPH LYONS AND WIFE, TO J. C. HAYES.
Ratifying proceedings as set forth in the fore- going deed.
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