The San Francisco Directory, 1874, Part 235

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

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SEC. 20. When the inquest shall be held by the Coroner, and there shall be no friends to take charge of the body of the deceased, it shall be the duty of the Coroner, after the same has been viewed by him and the jury, to see that it is properly buried; and in case there shall not be sufficient property belonging to the deceased to pay the necessary expenses of such burial, such expense so incurred shall be a legal charge upon the county. The Coroner shall be entitled to receive two dollars out of the County Treasury for attending to the burial of such dead body.

SEC. 21. It shall be the duty of the Coroner to take charge of all money and other valuable things which may be found with or upon the bodies of persons on whom inquests shall be held, when there is no other person legally entitled to take charge of the same; and every such Coroner shall, within thirty days after the holding of such inquest, deliver over to the Treasurer of the county all such money or valuable things which have not been claimed by legal repre- sentatives of the deceased.

SEC. 22. For a failure on the part of the Coroner to perform such duty required by the last section, or any of the duties required by this Act, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or imprisonment in the County Jail not to exceed one year, and shall be liable on his official bond for any and all moneys, chattels, and property which shall be found on said deceased, and which shall or may come into his possession belonging to said deceased ; the same to be recovered in the name of any party who may be entitled to recover the same in any Court having jurisdic- tion thereof.

SEC. 23. Upon the delivery of money so found to the Treasurer, he shall place it to the credit of the county. If other property, and perishable in its nature, he shall within thirty days sell the same at public auction, upon reasonable public notice, and shall in like manner place the proceeds to the credit of the county. Other property shall only be sold upon the order of the County Judge. If the said money or property in the treasury be demanded within six years by the legal representative of the deceased, the Treasurer shall, upon legal showing, after deducting the fees and expenses of the Coroner and of the county in relation to the matter, pay the balance thereof to such legal representative.

SEC. 24. Before auditing and allowing the accounts of the Coroner, the Supervisors of the county shall require a statement from him in writing, containing an inventory of all money and other valuables found with or upon all persons upon whom inquests shall have been held, and the manner in which the same has been disposed of, verified by the oath or affirmation of the Coroner making the same that such statement is in all respects just and true, and that the money and other articles mentioned therein have been delivered to the Treasurer of the county, or to the legal representatives of such person or persons.

SEC. 25. The Coroner shall perform the duties of Sheriff in all cases when the Sheriff is interested or otherwise incapacitated from serving. Whenever the Coroner acts as Sheriff he shall possess the powers and perform all the duties of the Sheriff, and shall be entitled to the same fees as are allowed by law to the Sheriff for similar services.

SEC. 26. If the office of Coroner be vacant, or he be absent or unable to attend, the duties of his office may be performed by any Justice of the Peace of the county, with the like authority and subject to the same obligations and penalties as the Coroner.

SEC. 27. The Coroner of the City and County of San Francisco, in addition to the duties imposed by this Act upon every Coroner, shall keep a record of all inquests held by him, with a copy of all testimony and the inquisition of the juries in full ; and in case of loss of the original records, the same shall be admissible in evidence with like effect as the original would have been.

SEC. 28. The Coroner of said city and county shall be authorized to appoint a Clerk, who shall be sworn to act as Deputy Coroner in all matters, except those duties on inquests which have been forbidden to be delegated by this Act. The salary of said Clerk shall not exceed one hundred and fifty dollars per month, which shall be paid from the Special Fee Fund of the said city and county. [An additional Clerk is authorized by Act of the Legislature, approved March 28, 1874, to be appointed by the Coroner, at a salary of one hundred and fifty dollars per month.] The Coroner of said city and county shall be authorized to appoint a Messen- ger, whose duty it shall be to have charge of the dead wagon, keep in order the Morgue, and perform such other duties as are required by the Coroner or his Deputy in connection with

FARNSWORTH & CLARK, Gen'l Fire and Marine Insurance Agency ; office 280 Cal. St.

EDWARD BOSQUI & CO., Stationers, Printers, and Bookbinders, corner of Clay and Leidesdorff Streets.

---

C. P. VAN SCHAACK & CO., 708, 712, 714, and 716 Kearny St., Importers and Jobbers.

CONSOLIDATION ACT.

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the duties of his office. He shall receive a salary not to exceed seventy-five dollars per month, to be paid in like manner as that of the Coroner's Clerk.

SEC. 29. The Board of Supervisors of City and County of San Francisco are hereby authorized to provide a suitable office and jury room and Dead House or Morgue, with the fur- niture necessary to enable the Coroner to efficiently discharge the duties of his office and to make the necessary appropriation therefor. They are further authorized to audit and pay, for the necessary expenses of maintaining the Morgue and offices attached, such sum as may be necessary, not to exceed seventy-five dollars per month, to be paid out of the General Fund.

SEC. 30. The Coroner of the City and County of San Francisco shall receive no fees for any services rendered by him, but he shall in lieu thereof receive a salary of four thousand dollars per annum, payable in like manner as other county officers within said county, to be audited by the Auditor and paid out of the same fund provided for in the City and County Treasury as in the cases of other officers in said city and county.

SEC. 31. All Acts or parts of Acts in conflict with the provisions of this Act, so far as they conflict, are hereby repealed. This Act shall apply only to the City and County of San Francisco.

ARTICLE II.

PUBLIC ORDER AND POLICE.

SEC. 15. The Department of Police of said city and county shall be under the direction of the Chief of Police, in subjection to the laws of this State, and the rules and regulations not in conflict therewith, which may be established by competent authority under the powers granted in this Act. In the suppression of any riot, public tumult, disturbance of the public peace, or organized resistance against the laws or public authorities, in the lawful exercise of their functions, he shall have all the powers that now are or may hereafter be conferred upon Sheriffs by the laws of this State ; and his lawful orders shall be promptly executed by all Police Officers, Watchmen, and Constables, in the said city and county ; and every citizen shall also lend him aid, when required, for the arrest of offenders and maintenance of public order.

SEC. 16. The Chief of Police shall keep a public office, which shall be open and at which he, or in case of necessary absence, a Captain of Police or Police Officer, by him designated for that purpose, shall be in attendance at all hours, day and night. In case of his necessary absence from his office it shall be made known to the Police Officer in attendance where he can be found, if needed ; and he shall not absent himself from the city and county without urgent necessity and leave obtained in writing from the President of the Board of Supervisors, Police Judge, and County Judge, or two of them, who shall at the time of granting the same, appoint a person to act during his absence, with all his powers, duties, and obligations. If such ab- sence from the city or county be on any other than business immediately connected with his office, he shall lose his salary for the time of such absence, of which account shall be taken by the Police Judge.

SEC. 17. The Chief of Police shall designate one or more out of the number of Police Officers to attend constantly upon the Police Judge's Court, to execute the orders and process of the said Court ; he may order to be arrested and to be taken before the Police Judge any person guilty of a breach of the peace or a violation of the general regulations established by the Board of Supervisors, under the authority granted in this Act ; he shall supervise and direct the Police force of said city and county, and shall observe and cause to be observed the provisions of this Act and the regulations established by the Board of Supervisors in relation thereto ; he shall see that the lawful orders and process issued by the Police Judge's Court are promptly executed ; and shall exercise such other powers connected with his office as Head of Police, as may be prescribed in the general regulations adopted by the Board of Supervisors.

SEC. 18. The Chief of Police shall acquaint himself with all the statutes and laws in force in this State defining public offenses and nuisances and regulating criminal proceedings, and shall procure and keep in his office the Statutes of this State and of the United States, and all necessary elementary works on that subject ; he shall give information and advice touching said laws, gratuitously, to all Police Officers and Magistrates asking it.

SEC. 19. His Court (Police Court) shall be a Court of Record ;* a Clerk shall be appointed therefor by the Board of Supervisors, with a salary of two hundred dollars per month, who shall give bond as required by law, and hold his office during the pleasure of said Board .- [Amendments April 18, 1857, and March 25, 1862. The remainder of this section superseded by Act January 27, 1864. See Supplemental V, page 853.]

SEC. 20. Proceedings in the Police Judge's Court shall be conducted in conformity with the laws regulating proceedings in the Recorder's Court. The said Court shall be open daily, Sundays excepted.

SEC. 21. The Clerk of the Police Judge's Court shall keep a record of its proceedings, issue all process ordered by said Court, receive and pay, weekly, into the treasury of the city and county all fines imposed by said Court, and render to the County Auditor, monthly, and before any amount can be paid by him on account of salary, an exact and detailed account, upon oath,

* Declared not to be a Court of Record .- Act April 27, 1863.

PACIFIC COAST BUSINESS DIRECTORY contains Addresses of over 50,000 Merchants.

ETNA INSURANCE COMPANY, OF HARTFORD, has been identified with every large fire in the Country.

EDWARD BOSQUI & CO., Bookbinders and Job Printers, corner of Leidesdorff and Clay Streets.

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

852 SAN FRANCISCO DIRECTORY.

accompanied with an exhibition of said record, of all the fines imposed and moneys collected since his last account rendered. He shall prepare bonds, justify and accept bail, when the amount has been fixed by the Police Judge, in cases not exceeding one thousand dollars; and he shall fix, justify, and accept bail, after arrest, in the absence of the Police Judge, in all cases not amounting to felony, in the same manner and to the same effect as though the same had been fixed by the Police Judge. The said Clerk shall remain at the Court Room of said Court in the City Hall, during the hours named in section eight of the Act of which this is amendatory, and during such reasonable hours thereafter as may be necessary for the purpose of discharging his said duties .- [Amendment May 18, 1861.]

SEC. 22. All fines imposed by the Police Judge's Court, Court of Sessions* of said city and county, or any Justice's Court, shall be paid into the treasury thereof, as part of the Police Fund; in cases where, for any offense, the said Courts are authorized to impose a fine or im- prisonment in the county jail, or both, they may instead thereof sentence the offender to be employed in labor upon the public works of said city and county, for a period of time equal to the term of imprisonment which might be legally imposed, and may, in case of imposing a fine, embrace as a part of the sentence that, in default of payment of such a fine, the offender shall be employed to labor on said public works at one dollar a day till the fine imposed is satisfied. By the " public works," as used in this Act, is understood the construction, or repair, or cleaning, of any street, road, dock, wharf, public square, park, building, or other work whatsoever, which is authorized to be done by and for the use of said city and county, and the expense of which is not to be borne exclusively by the individuals or property particularly benefited thereby.

SEC. 23. The Chief of Police, in conjunction with the President of the Board of Super- visors and the Police Judge, the concurrence of two of them being necessary to a choice, shall appoint four captains of Police, each from a different district, and as many Police Officers, not exceeding one hundred and fifty [see Supplemental Act VIII, page 854], as the Board of Super- visors shall determine to be necessary .; Thereof an equal number in proportion to popula- tion, as near as may be, shall be selected from each district that shall be situated, wholly or partly, within the limits specified in section second of the Act now repealed, entitled “ An Act to Incorporate the City of San Francisco," passed May sixth, one thousand eight hundred and fifty-five.}

SEC. 24. No person can be appointed Captain of Police or Police Officer unless he be a cit- izen of the United States and of this State, and a resident and a qualified voter of the city and county ; and, in case of each Police Officer, a resident of the district from which he is chosen, and also, before his appointment, shall produce to the said President of the Board of Super- visors, Chief of Police, and Police Judge, a certificate, signed by at least twelve freeholders and qualified voters of the said city and county, who, in case of application for appointment of a Police Officer, must also be a resident of the district from which he is to be appointed, stating that they have been personally and well acquainted with the applicant for one year or more, next preceding the application, and that he is of good repute for honesty and sobriety, and they believe him to be, in all respects, competent and fit for the office. All the certificates so pro- duced shall be carefully preserved in the office of the Chief of Police.

SEC. 25. Police Captains and Officers may be suspended from office by the Chief of Police, and with the concurrence of the President of the Board of Supervisors and Police Judge removed from office for official negligence, inefficiency, or misconduct, under such general rules and regulations, not contrary to law, as may have been established by the Board of Supervisors. They shall receive from the treasury of said city and county, payable out of the Police Fund, such compensation as may be fixed by the Board of Supervisors, not exceeding one thousand eight hundred dollars a year each for Captains, and one thousand five hundred dollars a year each for Police Officers .- [ See Supplemental Act VIII, page 854.]

SEC. 26. Neither the Chief of Police, Captains, or any other officer of Police, shall follow any other profession or calling, become bail for any person charged with any offense whatever, receive any present or reward for official services rendered, or to be rendered, unless with the knowledge and approbation of the majority of the Police Commissioners, to wit: the Police Judge, President of the Board of Supervisors, and Chief of Police of the City and County of San Francisco-such approbation to be given in writing ; nor be allowed pay for any period during which they shall absent themselves from public duty, unless such absence necessarily result from indisposition or disability occasioned by injuries suffered while in the discharge of official duty. Police Officers in subjection to the orders of the respective Captains, and all under the general direction of the Chief of Police, shall be prompt and vigilant in the detection of crime, the arrest of public offenders, the suppression of all riots, frays, duels, and disturbances of the

* Abolished .- See Amendments to Constitution of the State, 1862.

t The Police Commissioners may be empowered by the Board of Supervisors to appoint and regulate local Policemen, whenever necessary, provided that no money shall be paid out of the City and County Treasury for their services .- Act April 4, 1804.

# The City of San Francisco shall be bounded as follows: On the south by a line drawn parallel with Clay Street, two and a half miles distant from the center of Portsmouth Square ; on the west by a line drawn parallel with Kearny Street, two miles distant from the center of Portsmouth Square ; its boundaries on the north and east shall be the same with those of the County of San Francisco .- Act May 6, 1855.

FARNSWORTH & CLARK furnish Safe and Beliable Insurance against Fizo.

C. P. VAN SCHAACK & CO., 708, 712, 714, and 716 Kearny Street, Trunks and Valises.

CONSOLIDATION ACT.

853

public peace, the execution of process from the Police Judge's Court, in causing the abatement of public nuisances, the removal of unlawful obstructions from the public streets, and the en- forcement of the laws and regulations of police .- [Amendment March 24, 1859.]

SEC. 27. In case of great public emergency or danger, the Chief of Police may appoint an additional number of Policemen, of approved character for honesty and sobriety, who shall have the same powers as other police officers, for twenty-four hours only, but without pay. The Chief of Police, Captains, and every officer of the permanent force, shall provide them- selves with a uniform and badge of office, to be prescribed by regulations of the Board of Supervisors, which shall be worn by them upon all occasions, with such exceptions as may be permitted by the Chief of Police in the performance of detective duty.

SEC. 28. Charges of oppression or official misconduct, when presented by any citizen of the said city and county, against any Police Captain or Officer, and verified on oath, setting forth the specific acts complained of, shall be received and attentively considered and determined by the Police Judge, President of the Board of Supervisors, and Chief of Police, giving to the accused due notice and an impartial hearing in defense. The Chief of Police, Police Judge, and all other officers, now acting or hereafter to be elected or appointed under the provisions of this Act, may be accused, tried, and removed from office, in the mode prescribed by the laws of this State for the removal of civil officers otherwise than by impeachment.

SEC. 29. The Board of Supervisors shall from time to time establish a convenient number of Police Stations; determine within what districts the Police Officers and Captains shall usually be distributed and employed ; designate the prisons to be used for the reception of all persons arrested or convicted and sentenced for public offenses, in cases not provided for by law; [and] appoint, during the pleasure of the Board, the Keeper of such prisons.

SUPPLEMENTAL V .- An Act to prescribe the Jurisdiction of the Police Judge's Court of the City and County of San Francisco .- Approved January 27, 1864.

SECTION 1. The Police Judge's Court of the City and County of San Francisco shall have jurisdiction :*

First-Of an action or proceeding for the violation of any ordinance of the City and County of San Francisco.

Second-Of proceedings respecting vagrants and disorderly persons.

SEC. 2. The said Court shall have jurisdiction of the following public offenses, committed in the said city and county :

First-Petit larceny ; receiving stolen property, when the amount involved does not exceed fifty dollars.

Second-Assault and battery, not charged to have been committed upon a public officer, in the discharge of his duties, or with intent to kill.

Third-Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Fourth-Said Court or Judge shall have jurisdiction of proceedings for security to keep the peace ; and also throughout said city and county, the same power and jurisdiction in other criminal actions, cases, and proceedings as are now or hereafter may be conferred by law upon Justices of the Peace or Justices' Courts. The Justices of the Peace within the limits of the City and County of San Francisco shall not have power to try and decide any cases of the classes mentioned in this section .- [Amendatory Sec. 1, February 13, 1872.] The said Judge may punish contempts in the same manner and to the same extent as District Judges; and the laws concerning contempts applicable to District Courts and Judges shall be applicable to said Police Court and Judge .- [Amendatory Sec. 2, February 13, 1872.]

SEC. 3. 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, con- demn, or acquit, and carry his judgment into execution as the case may require, according to law ; and shall have power to issue warrants of arrest, subpenas, and all other process neces- sary to the full and proper exercise of his power and jurisdiction. All fines imposed by the Police Judge, not exceeding twenty dollars, exclusive of costs, shall be final and without appeal.

SUPPLEMENTAL. VI .- An Act respecting the Police Court, etc .- Approved December 9, 1865.

SECTION 1. Any Justice of the Peace of the City and County of San Francisco, who may be designated in writing by the Mayor or President of the Board of Supervisors for the pur- pose, shall have power to preside in and hold the Police Judge's Court in said city and county, in case of the temporary absence of the Police Judge, or his inability to act from any cause ; and during such temporary absence or disability, the Justice so designated shall act as Police Judge and shall have and exercise all the powers, jurisdiction, and authority which are or may be by law conferred upon such Court or Judge.

SEC. 2. In case of a vacancy in the office of Police Judge, the Board of Supervisors of said

* Also jurisdiction for violations of Sec. 14 of street law .- See Article IV, Sec. 16.

PACIFIC COAST BUSINESS DIRECTORY, 1874-6, will be published September, 1874.

ATNA INSURANCE COMPANY, of HARTFORD, was established in 1819, and is the largest Fire Insurance Company in the country.

KENNEDY'S INSURANCE AGENCY, Fire, Marine, and Life, represents $12,000,000.

854 SAN FRANCISCO DIRECTORY.

city and county shall have power to appoint some suitable person, who is a resident and legal voter thereof, to fill the vacancy, who shall take the constitutional oath of office and enter upon his duties immediately. The person so appointed shall hold office until a Police Judge shall be elected at the next judicial election, and qualified according to law.

SUPPLEMENTAL VII .- An Act to establish Police Regulations for the Harbor of the City and County of San Francisco, etc .- Approved April 4, 1864.

SECTION 1. No person shall board or attempt to board any vessel arriving in the harbor of the City and County of San Francisco before said vessel has been made fast to the wharf, without obtaining leave from the Master or person having charge of said vessel, or permission, in writing, from the owner or owners or the agent thereof, or having boarded such vessel, shall refuse or neglect to leave the same upon request of the Master or other person in charge thereof, under the penalty prescribed in the next succeeding section of this Act.

SEC. 2. Any person violating section one of this Act shall be deemed guilty of misde- meanor ; and upon conviction thereof before the Police Judge's Court of said city and county, shall be punished for each offense by a fine not exceeding one hundred dollars, or imprison- ment in the County Jail of the City and County of San Francisco for a term not exceeding fifty days, or both, in the discretion of the Judge of the said Police Judge's Court, which Court shall have jurisdiction in such cases.

SEC. 3. The provisions of the last two foregoing sections shall not apply to any Pilot or public officer visiting a vessel, in discharge of his duty.

SEC. 4. No person shall entice or persuade, nor attempt to entice or persuade, any mem- ber of the crew of any vessel arriving in said harbor, or of any vessel in said harbor, to leave or desert said vessel before the expiration of his term of service in such vessel. Any person guilty of so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to the penalty prescribed in section two of this Act.

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The San Francisco Directory, 1874, Part 235

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