The San Francisco Directory, 1874, Part 234

Author:
Publication date: 1874
Publisher: San Francisco : Langley, Henry G.
Number of Pages: 1128

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L. W. KENNEDY, General Insurance Agent, Fire, Marine, and Life, 411 California St.

846 SAN FRANCISCO DIRECTORY.

purchased for the use of said Department, but those now in possession of said city and county may be used in such localities and under such regulations as the Board of Fire Commissioners, with the approval of the Board of Supervisors, may prescribe.

SEC. 2. The officers of said Fire Department shall be a Board of five Commissioners, a Chief Engineer, four Assistant Engineers, one Clerk (who shall be Clerk of the Board of Fire Commissioners and Chief Engineer), one Superintendent of Steam Fire Engines, and one As- sistant Superintendent of Steam Fire Engines.

SEC. 3. The employés* and members of said Fire Department shall be as follows, viz .: one Veterinary Surgeon, one Corporation Yard Keeper, one Corporation Yard Drayman, two Hydrantmen, and such Foremen, Assistant Foremen, Engineers, Drivers, Firemen, Hosemen, Tillermen, Stewards, Clerks, and such volunteer companies and members as shall be organ- ized and authorized to perform duty under the provisions of this article. The companies of said Department shall be organized as follows : Each steam fire engine company shall consist of one Foreman, one Engineer, one Driver, one Fireman, and eight Hosemen, one of whom shall act as Assistant Foreman and one as Clerk. Each hook and ladder company shall consist of one Foreman, one Driver, one Tillerman, and twelve Hook and Laddermen, one of whom shall act as Assistant Foreman and one as Clerk. Each hose company shall consist of one Foreman, one Driver, one Steward, and six Hosemen, one of whom shall act as Assistant Foreman and one as Clerk. The Clerk of each company shall receive the sum of five dollars per month extra.

SEC. 4. The companies composing said Fire Department shall be furnished with all the horses, hose, hooks, ladders, apparatus, and appurtenances necessary and proper in the opinion of the Board of Fire Commissioners and Board of Supervisors to place said Department in the most effective condition for service ; and should it hereafter in the judgment of said Board of Supervisors and Board of Fire Commissioners be deemed advisable and necessary to organize and establish any company or companies to operate and manage any patent fire extinguisher or appliance for extinguishing fire, that may be purchased for the use and more effectual work- ing of said Fire Department, said company or companies shall be organized, officered, and manned as said Boards may, by regulation or order, direct. Volunteer companies may be organized for outside districts of said city and county, upon the recommendation of the Board of Fire Commissioners and approval of the Board of Supervisors, and when so organized they shall be under the provisions of this article, and subject to such rules and regulations as the Board of Fire Commissioners may prescribe ; but none of the members thereof, except the Steward of the company, shall receive any salary, which salary shall be fixed by the Board of Supervisors, upon the application of the Board of Fire Commissioners.

SEC. 5. The Clerk, Chief Engineer, and Assistant Engineers shall be appointed by the Board of Fire Commissioners, each for a term of two years from and after their appointment, subject, however, to removal at the pleasure of said Board, under such rules and regulations as may be established by said Board and approved by the Board of Supervisors; and all sub- ordinate officers, employés, and members shall be appointed by said Board of Fire Commis- sioners, and be removable at its pleasure, under like rules and regulations, but no officer or member of said Fire Department shall be removed for political reasons. The first term of two years above mentioned shall be deemed to mean from the first Monday in December, one thousand eight hundred and seventy-three, and then every two years thereafter, but the terms of office of the persons now entitled to the above named offices shall not be deemed to be altered, changed, or affected by the provisions of this article.

SEC. 6. All the paid members of said Fire Department, except the Veterinary Surgeon, Foremen, Assistant Foremen, company Clerks, Hosemen, Hook and Laddermen, and Stew- ards of volunteer companies, shall give their undivided attention to their respective duties, but the Foremen, Assistant Foremen, company Clerks, Hosemen, Hook and Laddermen, and Stewards of volunteer companies shall perform such duties as may be prescribed from time to time by said Board of Fire Commissioners and ordered to be executed by the Chief Engi- neer.

SEC. 7. The Board of Supervisors of said city and county shall have power to contract for and locate all cisterns, hydrants, engine, hose, and hook and ladder houses required ; to con- tract for and furnish all supplies ; to direct and control all alterations and repairs, and to pass all orders for the government and control of said Fire Department as they shall deem for the best interest thereof. And said Board of Fire Commissioners shall have power to pre- scribe the duties of the officers and members of said Fire Department ; and to adopt rules and regulations for the management and discipline thereof : provided, that such rules and regula- tions shall first be approved by said Board of Supervisors. And said Board of Supervisors are authorized and required to provide and furnish for the use of said Board of Fire Commission- ers a suitable room or rooms in some of the public buildings of said city and county, to serve as an office for their meetings and the transaction of business relating to said Fire Department, in

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CONSOLIDATION ACT.

847

which the Clerk shall be in attendance daily during official hours. The Chief and Assistant Engineers of said Department shall also make it their headquarters daily during office hours when not otherwise engaged in official duties.

SEC. 8. The persons composing the present Board of Fire Commissioners shall continue in office as such Commissioners until the expiration of their present terms of office, respectively, except in the case of the person elected or appointed to fill the vacancy occasioned by the res- ignation of John C. Merrill, who shall continue in office only until the first Monday in Decem- ber, eighteen hundred and seventy-five, when he shall be succeeded by the person elected by the people of said city and county at the general election to be held that year as hereinafter provided. At the general election to be held in said city and county, in the year one thousand eight hundred and seventy-five, there shall be elected by the qualified electors thereof, three persons as Fire Commissioners, to hold office for the term of four years each from the first Monday of December of said year, who shall enter upon the discharge of their duties as such Fire Commissioners upon that date, and shall hold office until their successors are elected and qualified. At the general election to be held in the year one thousand, eight hundred and seventy-seven, there shall be elected by the qualified voters of said city and county, two persons as Fire Commissioners, to hold office for the term of four years each from the first Monday of December next ensuing and until their successors are elected and qualified. And at every general election thereafter there shall be elected by the qualified voters of said city and county, one or more persons (as the case may be) as Fire Commissioners, to fill vacancies then existing in unexpired terms, or for full terms of four years each, or for both such terms as may be found necessary. Should any vacancy occur in the office of Fire Commissioner by death, resignation, or otherwise, the Board of Supervisors of said city and county shall appoint some suitable per- son to fill the same until the next general election, when a person shall be elected as Fire Com- missioner for the unexpired term by the qualified electors of said city and county.

SEC. 9. Said Board of Fire Commissioners shall supervise and control said Fire Depart- ment, its officers and members, subject to the laws governing the same, and shall see that the officers and members thereof faithfully discharge their duties, and that the laws, orders, and regulations relating thereto are carried into operation and effect. They shall not, nor shall either of them, or the Chief or Assistant Engineers of said Fire Department be interested in any contract pertaining in any manner to said Department, or in the sale or furnishing of apparatus or supplies for the same ; and all contracts in violation of this section are declared void, and any of said persons violating the provisions of this section shall be deemed guilty of felony, and upon conviction may be punished accordingly.

SEC. 10. The Chief Engineer shall be the executive officer of said Fire Department, and it shall be his duty (and that of the Assistant Engineers) to see that the laws, orders, rules, and regulations concerning the same are carried into effect, and also to attend to such duties as Fire Wardens as may be required, and to see that all laws, orders, and regulations established in said city and county to secure protection against fire are enforced. It shall also be his duty to enforce the rules and regulations made from time to time, to secure discipline in said Fire De- partment, and he shall have power to suspend any officer or member for a violation of the same, and shall forthwith report the same to the Board of Fire Commissioners for their action. He shall diligently observe the condition of the apparatus and working of said Department, and shall, from time to time, report to said Board of Fire Commissioners upon the same, and make such recommendations and suggestions respecting it, and for securing its greater efficiency, as he may deem proper.

SEC. 11. The person elected as Clerk by said Board of Fire Commissioners shall, before entering upon the discharge of his duties, execute a bond in two or more sureties in the penal sum of ten thousand dollars, for the faithful discharge of his duties, which shall be approved by said Board of Fire Commissioners and the Mayor of said city and county, and when so ap- proved shall be filed in the office of the Auditor. The amount of said bond may be increased from time to time, when directed by the Board of Supervisors, should they deem it necessary for the public good. Said Clerk shall attend daily during office hours at the office of the Board of Fire Commissioners (which shall be the office of the Chief and Assistant Engineers); shall perform the duties of Clerk to said Board and the Chief Engineer, and perform such other duties as from time to time said Board may prescribe.

SEC. 12. The Mayor of said city and county is hereby authorized to sell at private or public sale from time to time, with the approval of the Board of Supervisors, any or all of the engines, hose carriages, engine houses, lots on which such houses stand, or parts of lots (or exchange any of said lots, when in their judgment demanded by the public good), or other property which shall not be required for the use of the Department, and to execute, acknowl- edge, and deliver good and sufficient deeds or bills of sale for the same, paying the proceeds of such sales into the General Fund of said city and county, such proceeds to be appropriated to the purchase of lots and erection of engine houses thereon as the same may be required.

SEC. 13. The Assistant Engineers of said Fire Department and Clerk shall be allowed and paid a monthly salary of one hundred and fifty dollars each.

SEC. 14. This Act shall take effect and be in force from and after its passage.

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KENNEDY'S INSURANCE AGENCY, Fire, Marine, and Life, 411 California St.

848 SAN FRANCISCO DIRECTORY.

EDWARD BOSQUI & CO., Paper Rulers, Leidesdorff Street, corner of Clay.

SUPPLEMENTAL IV .- An Act in relation to Coroners in the City and County of San Francisco .- Approved March 16, 1872.

SECTION 1. Every person elected or appointed to the office of Coroner, before he shall enter upon the duties of such office, shall take the constitutional oath of office, and give an official bond in the sum of five hundred dollars.

SEC. 2. The duties of Coroner shall be: first, to hold inquest upon the bodies of persons slain, or who shall have committed suicide, or been found dead under such circumstances as to lead to a suspicion of crime committed within the county in which such Coroner resides ; sec- ond, to issue process for the arrest of one charged upon inquest with murder or manslaughter ; to hold inquest on the body of every prisoner who dies in jail ; and it shall be the duty of the Jailor, whenever a prisoner dies in his custody, to send for the Coroner who has jurisdic- tion, who shall hold inquest upon the body of such prisoner. The duties of Coroners upon inquests shall not be delegated.

SEC. 3. Whenever any Coroner shall receive notice that any person has been slain, or has committed suicide, or has died suddenly, or has been found dead under such circumstances as to require an inquisition, it shall be his duty to go to the place where such person shall be, or if the body shall have been interred, shall cause it to be disinterred, and shall forthwith summon not less than nine or more than fifteen persons to serve as jurors, to appear before him forth- with at such place as he shall appoint, and make inquisition concerning such death. The Cor- oner must summon the jurors in person. He shall summon none but persons duly qualified by law to serve as jurors, and no such person shall be exempt except at the discretion of the Cor- oner. No person shall be summoned who is related to the deceased or to any person who may be suspected or charged with the killing, nor shall any one be summoned who is known to be prejudiced for or against him ; but the jurors who are selected and appear shall not be chal- lenged by any party.

SEC. 4. Every person summoned as a juror who shall fail to appear without having a rea- sonable excuse, shall forfeit a sum not exceeding the sum of two hundred dollars, to be recov- ered by the Coroner, in the name of the people of the State, before any Justice of the Peace in the proper township, and when collected to be paid into the County Treasury for the use of the county.

SEC. 5. When six or more of the jurors attend they shall be sworn by the Coroner and charged by him to inquire how and in what manner and when and where such person came to his death, and who such person was, and into all the circumstances attending such death, and to make a true inquisition according to the evidence offered to them or arising from the inspec- tion of the body.

SEC. 6. There shall be but one inquest upon a body, unless that taken be set aside by the Court ; and there shall be but one inquest held upon several bodies of persons who were killed by the same cause and who died at the same time. Whenever it shall appear that an error in the identity of the body has been made by the jury, it shall be discretionary with the Coroner to call another inquest upon the body without reference to the Court, and a memorandum of the error shall be entered upon the erroneous inquisition.

SEC. 7. After the jury have been sworn and charged by the Coroner, they shall go together with the Coroner to view and examine the body of the deceased person. They shall not pro- ceed upon the inquest until they have so viewed the body. After the jury have viewed the body they may retire to any convenient place to hear the testimony of witnesses and deliberate upon their verdict. For this end the Coroner may adjourn the inquest from time to time, as may be necessary.

SEC. 8. The Coroner may issue subpenas for witnesses, returnable forthwith or at such time and place as he may appoint therein, which may be served by any competent person by reading the same to the witness or informing him or her of the contents thereof, and such wit- ness shall not be entitled to any fee for attendance. Every person served with such subpena shall be liable to the same penalties for disobedience thereto, and his attendance may be enforced in like manner as in case of subpenas issued by a Justice of the Peace.

SEC. 9. The Coroner shall summon and examine as witnesses every person who, in his opinion or that of the jury, has any knowledge of the facts, and he may summon a surgeon or physician to inspect the body and to give a professional opinion as to the cause of death ; and if it shall be necessary, the Coroner may cause a post mortem examination or chemical analysis to be made, and the expense of such examination or analysis shall be a county charge, to be fixed by the Board of Supervisors.

SEC. 10. Witnesses produced shall be sworn by the Coroner, and the whole of the testi- mony shall be reduced to writing by the Coroner, or under his direction, and signed by the witnesses in the presence of the jury, and each deposition shall have a jurat attached. The jury, after hearing all the testimony offered before them, shall retire as jurors in other cases and deliberate upon their verdict, suffering no one, not even the Coroner, to mingle with them in their deliberations ; but they may, as in the case of jurors in the Courts of law, take the opinion of the Coroner upon any question of law that may arise upon the investigation.

SEC. 11. The Coroner may call upon the District Attorney to assist him in the examina-

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CONSOLIDATION ACT.

849

tion of witnesses, and the jurors may put any proper question to the witness, but the party sus- pected or charged with the crime shall have no right to produce witnesses on the inquest, or to cross-examine those produced on behalf of the people by himself or counsel ; nor shall it be necessary that he be present during the examination. But it shall be the duty of the Coroner to examine any witness who he may have reason to believe may know anything concerning the matter pertinent to the inquiry, and to put to any witness any proper and pertinent ques- tion that such person may desire. Such party suspected or charged, however, may be attend- ed by counsel on the inquest, to advise with him as to his right in answering any question that may be put to him when under examination. If the party accused of the crime be present at the inquest, and is then charged with the crime, or the testimony tends to criminate him, and he is called upon by the Coroner to testify, it is the duty of the Coronor first to inform the ac- cused that he is at liberty to refuse to answer any question that he may put to him, otherwise his answer on such examination cannot be read in evidence against him when on trial for the offense. But if such person is not under arrest or charged with the crime, his answer may be given in evidence against him on his subsequent trial for the crime charged, though the Coro- ner may not have so advised him of his rights. The jury must hear all the evidence offered before them, whether it be in favor of or against any party suspected of the killing.

SEC. 12. Upon the investigation the Coroner's jury shall not be limited in their inquiry like a jury upon the trial of one charged with a crime, their duties shall be to determine if & crime has or has not been committed ; and if a crime has been committed, who perpetrated or caused the same to be perpetrated, and all the circumstances attending it ; and any proper tes- timony tending in any degree to throw light upon the subject may be properly given. Matters of opinion, except of professional witnesses, or hearsay evidence, shall not be permitted.

SEC. 13. When the jury shall have agreed upon a verdict they shall reduce their inquisition to writing, which writing shall show before what Coroner the same was taken, and that the same was taken upon the oath of good and lawful men of the county who were first duly sworn ; and it must also show by whom and when the same was executed. They shall also find and certify how or in what manner and when and where the person so dead came to his death, and all the circumstances attending such death ; and if a crime has been committed in the case, who were guilty therof, either as principal or accessory, and in what manner. The jury shall not be required to find who were accessories after the fact-only those before the fact. If the person who is found dead is unknown, or the person who caused the death is unknown, the jury shall so find ; and they shall find if the fact so appears before them, whether the killing was accidental or suicide, murder or manslaughter, excusable or justifiable homicide; and if the manner of the death is unknown they shall so state. Such inquisitions shall be signed by such jurors, and the Coroner shall certify the fact that the inquest was held, and indorse under the verdict his approval or non-approval of the same.

SEC. 14. It shall not be necessary that the jury should be kept together until they have agreed upon a verdict. If there shall appear any irreconcilable opinion as to any material fact concerning which they are to make inquest, the jurors agreeing may find accordingly, and two or more inquisitions may be presented.

SEC. 15. If the jury find that any murder or manslaughter has been committed, the Coro- ner shall bind over the witnesses against the accused to appear and testify at the next Court or Grand Jury, or before any Court in which an indictment for such offense can be found and triable that shall be held in the county, and obey all orders of said Court in the premises. Such recognizance shall be in writing, and shall be subscribed by the parties to be bound thereby. Said recognizances shall be made payable to the people of the State of California. The amount of the same shall be fixed by the Coroner, County Judge, or by the District Attorney, and approved by the County Judge or any of the Judges of a Court of Record ; and in case of their refusal to sign such recognizance, the Coroner shall have power to commit such witness as in the case of examination of criminals by a magistrate.

SEC. 16. The testimony of all witnesses examined before a Coroner's jury, together with the inquisition of the jury, and all recognizances taken by such Coroner, shall be returned by him forthwith to the County Clerk of his county.

SEC. 17. The Coroner shall have the same power on all investigations or inquests as are allowed by law to Judges of Courts of Record in this State to preserve order in the matter of investiga- tions before him ; and for any disrespect shown towards him or contempt of his authority in his investigations by any juror, witness, or other persons, he shall have power to issue an order for the arrest of said person or persons, and forthwith to have such person or persons brought before the Police Judge or County Judge of his county, to be punished according to law.

SEc. 18. Any juror, witness, or other person summoned as juror, witness, or any other person who may be in attendance on any official investigation, who shall use any disrespectful language toward said Coroner, or behave disrespectfully toward said Coroner in his presence, shall be declared guilty of contempt, and shall be liable to pay a fine not to exceed one hundred dollars, or be imprisoned in the County Jail of said county not to exceed sixty days; said imprisonment to be enforced by any of the magistrates named in the preceding section, upon the warrant of the Coroner, as provided for in the last section.

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: L. W. KENNEDY, General Insurance Agent, Fire, Marine, and Life, 411 California St.

850 SAN FRANCISCO DIRECTORY.

SEC. 19. If the Coroner's jury find that any murder or manslaughter has been committed, and the person charged with such offense be not in custody, the Coroner shall have power to issue process for the arrest of the person charged. The warrant of arrest must be under the hand of the Coroner, and must recite the finding of the jury upon the inquest, and be directed to the Sheriff, or to any Constable, Marshal, or Policeman of the county, and commanding the officer to whom it shall be directed forthwith to take the person accused of having committed such offense, and to bring him before a committing magistrate, to be dealt with according to law. The warrant of the Coroner shall be served in the same manner and in the same places as criminal process issued by a Justice of the Peace in any county of the State, without indorsement by a magistrate of such county.

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The San Francisco Directory, 1874, Part 234

Author: Publication date: 1874 Publisher: San Francisco : Langley, Henry G. Number of Pages: 1128

Author:
Publication date: 1874
Publisher: San Francisco : Langley, Henry G.
Number of Pages: 1128