The San Francisco Directory, 1874, Part 240

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

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ATLAS INS. CO. OF HARTFORD; Assets 8325,000; Farnsworth & Clark, Agents.

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

a. P. VAN SCHAACK & CO., 708, 712, 714, and 716 Kearny Street, Paper and Envelopes.

CONSOLIDATION ACT.

871

against owners thereof who cannot with due diligence be found, the service in each of such actions may be had, either in manner as is now prescribed by the Civil Practice Act of this State, or in manner as is prescribed by an Act of the Legislature of the State of California, entitled " An Act Supplementary to an Act entitled An Act in relation to Suits brought for the Collection of Delinquent Taxes, approved May twelfth, eighteen hundred and sixty-two ;"' approved March twenty-fourth, eighteen hundred and sixty-four, and the remedies therein provided are cumulative. The Court in which such suit shall be commenced shall have pow- er to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution or decree, as in other cases of the sale of real estate by the process of said Courts, and on appeal the Appellate Court shall be vested with the same power to adjudge and decree a lien, and to order to be sold such premises on execution or decree as is conferred on the Court from which an appeal is taken ; such premises, if sold, may be redeemed as in other cases. In bringing an action to recover street assessments, the complaint need not show any of the proceedings prior to the issuance of the assessment, diagram, and certificate ; but it shall be held legally sufficient if it shows the title of the Court in which the action is brought by the parties, plaintiff and defendent, the date of the issuance of the assessment, the date of the recording thereof, the book and page where recorded, a general statement of the work done, a description of the lot or lots sought to be charged with the assessments, the amount assessed thereon, that the same remains unpaid, and the proper prayer for relief. In all suits brought to recover street assessments the proceedings therein shall be general, and regulated by the provisions of this Act; and also, when not in conflict herewith, by the Civil Practice Act of this State ; but no defense shall be interposed except : first, want of jurisdiction to order work ; second, that the assessment has been paid ; third, fraud in the assessment, or in any of the acts or proceedings prior thereto, setting out the facts showing such fraud. It is hereby ex- pressly provided, that nothing but gold and silver coin of the United States shall be received in payment of street assessments, and the judgment or decree in every case shall be made payable in and entered for gold coin.

SEC. 14. The Superintendent of Public Streets, Highways, and Squares may require, at his option, by notice in writing, to be delivered to them personally or left on the premises, the owners, tenants, or occupants of lots, or portions of lots, liable to be assessed for work done under the provisions of this Act, to improve forthwith any of the work mentioned in section three of this Act, in front of the property of which he is the owner, tenant, or occupant, to the center of the street, or otherwise, as the case may require, or to remove all filth, sand, earth, or dirt from the street in front of his premises, and by a like notice to be served personally upon the President or any officer of a railroad corporation or company, or to be left at the office of said corporation or company, to require such corporation or company to improve forthwith any work mentioned in this Act, which said corporation or company are required by law to do and perform ; said notice to specify what improvement is required or work is to be done. After the expiration of five days the said Superintendent of Public Streets, Highways, and Squares shall be deemed to have acquired jurisdiction to contract for the doing of the work or making the improvements, or the removing of the filth, sand, earth, or dirt required by said notice. If such improvement or work of cleaning be not commenced within five days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the said Superin- tendent of Public Streets, Highways, and Squares may enter into a contract with any suitable person to make said improvement or to do said cleaning, at the expense of the owner, tenant, or occupant, or railroad corporation or company, as the case may be, at a reasonable price, to be determined by said Superintendent of Public Streets, Highways, and Squares ; and such owner, tenant, or occupant, or railroad corporation or company, shall be liable to pay the same. After the certificate referred to in section fifteen shall have been recorded in the office of [the Superintendent of ] Public Streets, Highways, and Squares, the sum contracted to be paid shall be a lien, the same as provided in section ten of this Act, and also a lien upon the franchise and property of said corporation or company, and may be enforced in the same manner as other assessments.

SEC. 15. If the expense of such improvements or removing such sand, earth, dirt, or filth, after the completion thereof, be not paid to the contractor so employed, or his agent or assignee on demand, the said contractor or his assigns shall have the right to sue the owner, tenant, or occupant, or railroad corporation or company, under the provisions of this Act, for the amount contracted to be paid, and the certificate of the Superintendent of Public Streets, Highways, and Squares that the work has been properly done, and that the charges for the same are rea- sonable and just, shall be prima facie evidence of the amount claimed for said work, and of the right of the contractor to recover the same in such action.

SEC. 16. In addition and as cumulative to the remedies above given, the Board of Super- visors shall have power, by ordinance, to prescribe the penalties that shall be incurred by any owner, tenant, occupant, or railroad corporation or company neglecting or refusing to make improvements or remove sand, earth, dirt, or filth, as provided for in section fourteen of this Act, which fines and penalties shall be recovered for the use of the City and County of San Francisco, by prosecution, in the name of the People of the State of California, in the

PACIFIC COAST BUSINESS DIRECTORY circulates throughout the Pacific Coast.

ETNA INSURANCE COMPANY, OF HARTFORD, lost over $3,000,000 in the CHICAGO FIRE, and paid in full, Dollar for Dollar.

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

872

SAN FRANCISCO DIRECTORY.

Police Judge's Court, of the City and County of San Francisco, which shall have jurisdiction in all such cases. All fines collected hereunder shall be paid into the treasury of the City and County of San Francisco to the credit of the Street Department Fund, at least once in each week.

SEC. 17. The person owning the fee, or the person in the possession of lands, lots, or portions of lots or buildings, under claim of ownership, or exercising acts of ownership over the same, for himself or as the administrator or guardian of the owner, or the person in whom on the day the action commenced appears the legal title to the lands by deeds, recorded in the Recorder's office in the City and County of San Francisco, shall be regarded, treated, and deemed to be the owner (for the purpose of this law), according to the intent and meaning of that word as used in this Act ; and in case of property leased, possession by a tenant or lessee holding and occupying under an owner shall be deemed to be possession by such owner.

SEC. 18. The records kept by the Superintendent of Public Streets, Highways, and Squares, in conformity with the provisions of this Act, and signed by him, shall have the same force and effect as other public records ; and such records, or copies thereof, duly certified by said Superintendent of Public Streets, Highways, and Squares, may be used in evidence with the same force and effect as the original assessments, diagrams, and warrants; the said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge.

SEC. 19. Notices in writing, which are required to be given by the Superintendent of Public Streets, Highways, and Squares, under the provisions of this Act, may be served by any Police Officer, and the fact of such service shall be verified by the oath of the person making it, taken before the Superintendent (who is hereby authorized to administer oaths), Police Judge, or any Judge or Justice of the Peace, or such notices, whether verbal or written, may be delivered by the Superintendent of Public Streets, Highways, and Squares himself, or any of his Deputies. The Superintendent of Public Streets, Highways, and Squares shall keep a record of the fact of giving such notices and proof of service.

SEC. 20. When any street or portion of a street has been or shall hereafter be constructed, to the satisfaction of the Committee on Streets, Wharves, Grades, and Public Squares of the Board of Supervisors and the said Superintendent of Public Streets, Highways, and Squares, and shall have a brick sewer or cement pipe constructed therein, under such regulations as said Board of Supervisors shall adopt, the same shall be accepted by the said Board of Super- visors, and thereafter shall be kept open and improved by the said city and county, the expense thereof, together with all work done in front of city property, to be paid out of the Street Department Fund : provided, that the Board of Supervisors shall not accept of any portion of the street less than the entire width of the roadway (including the curbing and one block in length, or one entire crossing): and provided further, that the Board of Supervisors may par- tially or conditionally accept any street or portion of a street without a sewer or pipe therein, as above stated, if a sewer or pipe therein shall be deemed by them unnecessary ; but the lots of land previously assessable for the cost of construction of a sewer or pipe shall still remain, and be assessable for such cost, and for the cost of repair and restoration of the street damaged in the said construction, when a sewer or pipe shall be deemed necessary, the same as if no partial or conditional acceptance had ever been had. The said Superintendent of Public Streets, Highways, and Squares shall keep in his office a register of all accepted streets, the same to be indexed, so that reference may be easily had thereto.

SEC. 21. The said Superintendent of Public Streets, Highways, and Squares shall keep a public office in some convenient place to be designated by the Board of Supervisors, and his office shall be kept open as in this Act required. He shall not during his continuance in office follow any other profession or calling, but shall be required to devote himself exclusively to the duties of his office. He shall be allowed not more than eleven Deputies, to be by him appointed from time to time ; three of said Deputies shall receive a salary of two hundred dol- lars per month each, and four of said Deputies shall receive a salary of one hundred and fifty dollars per month each, and four of said Deputies shall receive a salary of one hundred and twenty-five dollars per month each. It shall be lawful for the said Deputies to perform all or any of the duties conferred by this Act upon the Superintendent of Public Streets, Highways, and Squares, under the direction of the said Superintendent of Public Streets, Highways, and Squares, except the acceptance or approval of work done. The Superintendent of Public Streets, Highways, and Squares, or his Deputies, shall superintend and direct the clearing of all sewers in the public streets, and the expense of the same shall be paid out of the Street Department Fund in the same manner as provided for the improvement of streets that have been finally accepted as in this Act provided.

SEC. 22. It shall be the duty of said Superintendent of Public Streets, Highways, and Squares to see that the laws, orders, and regulations relative to the public streets and highways are carried into execution, and that the penalties therefor are rigidly enforced, as may be pre- scribed by the Board of Supervisors. It is required that he shall keep himself informed of the condition of all public streets and highways, and also of all public buildings, parks, lots, and grounds of the said city and county, as may be prescribed by the said Board of Supervisors.

Fire Insurance at Tariff Rates; Losses promptly paid by FARNSWORTH & CLARK

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

O. P.VAN SCHAACK & CO., 708, 712, 714, and 716 Kearny St., Importers and Jobbera

CONSOLIDATION ACT.

873

He shall, before entering upon the duties of his office, give bonds to the city and county in such sums as may be fixed by the said Board of Supervisors, conditioned for the faithful discharge of the duties of his office ; and should said Superintendent of Public Streets, Highways, and Squares fail to see that the laws, orders, and regulations relating to the public streets and high- ways are carried into execution, after notice from any citizen of a violation thereof, the said Superintendent of Public Streets, Highways, and Squares and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of said official neglect.

SEC. 23. No recourse shall be had against said city and county for damage to person or property suffered or sustained by or by reason of the defective condition of any street or public highway of said city and county, whether originally existing or occasioned by construction, excavation, or embankment, or want of repair of said street or public highway, and whether such damages be occasioned by accident on said street or public highway, or by falling from or upon the same. But if any person while carefully using any street or public highway of said city and county, graded or in course of being graded, or carefully using any other street or public highway leading into or crossing the same, be injured, killed, lost, or destroyed, or any horses, animals, or other property be lost, injured, or destroyed through any defect in said street or public highway, graded or in course of being graded as aforesaid, or by reason of any excavation or embankment in or of the same, or by falling from or upon such embankment or excavation, then the person or persons upon whom the law may impose the duty either to repair such defect or to guard the public from the excavation, embankment, or grading aforesaid, and also the officer or officers through whose official neglect such defect remained unrepaired, or said excavation or embankment remain unguarded as aforesaid, shall be jointly and severally liable to the person or persons injured for the damages sustained.

SEC. 24. The City and County Surveyor shall be the proper officer to do the surveying and other work which may be necessary to be done under sections one and two of this Act, and to survey, measure, and estimate the work done under contracts for grading streets; and every certificate of work done given by him, signed in his official character, shall be prima facie evidence in all courts in this State of the truth of its contents. He shall also keep a record of all surveys made under the provisions of section one of this Act, as in other cases. The Super- intendent of Public Streets, Highways, and Squares shall measure and determine any other work which may be done under the provisions of this Act.

Second-The words "improve," "improved,"" and "improvements," as used in this Act, shall include all necessary repairs of all work mentioned in section three of this Act, and also the reconstruction of all or any portion of said work.

Third-The term "main street," as used in this Act, means such street or streets as bound & block. The term "street " shall include crossing.

Fourth-The word " block " shall mean the blocks which are known or designated as such on the map and books of the Assessor of said City and County of San Francisco.

Fifth-The term "incidental expenses " shall mean the expense for work done by the City and County Surveyor, under the provisions of this Act ; also the expense of printing, measur- ing, and advertising the work done under contracts for grading.

Sixth-The publication of notices required by the provisions of this Act shall be published daily (Sundays and non-judicial days excepted) in the newspaper doing the printing by con- tract for the said City and County of San Francisco.

Seventh-The word "paved," within the meaning of this Act, shall be held to mean and embrace [any ] pavement of stone, iron, wood, or other material which the Board of Supervisors shall by ordinance adopt, whether patented or not.

SEC. 25. All assessments hereafter to be made to cover the expense of work provided for by contracts awarded prior to the passage of this Act shall be assessed by the Superintendent of Public Streets, Highways, and Squares, in manner as is provided by the law in relation to assess- ments in force at the time said work was awarded. The office of the Assistant City and County Attorney is hereby abolished, and the City and County Attorney is hereby substituted for such officer for the purposes of the prosecution and collection of the assessments issued under the provisions of the Act, approved April fourth, eighteen hundred and seventy, and is invested with the same authority to commence suits and prosecute and continue all suits now pending: provided, that any contractor or his assigns, for whose benefit any such assessments may have been made, may, at his or their option, collect the same, in which event the City and County of San Francisco shall be liable and responsible for no part or portion of such assessment. Any assessment, diagram, and certificate, in the possession of the Superintendent of Public Streets, Highways, and Squares, or of the Tax Collector, or of the City and County Attorney, made in pursuance of the Act, approved April fourth, eighteen hundred and seventy, shall, on demand of the contractor named therein or his assigns, be delivered to him or them, as the case may be, and thereupon all moneys which have been collected on account of said assess- ment shall be paid to the City and County Treasurer, as provided by the Act, approved April fourth, eighteen hundred and seventy, and by the Treasurer paid over to the parties entitled thereto; such delivery of the assessment, diagram, and certificate, or either, shall terminate the

PACIFIC COAST BUSINESS DIRECTORY, 1874-6, H. G. Langley, Pub'r, S. F. Price $5.

ATNA INSURANCE COMPANY, of HARTFORD, is a Fire Insurance Company, not a Fire and Life Company combined.

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

874 .SAN FRANCISCO DIRECTORY ..

liability of the City and County of San Francisco in the matter involved therein, and the recep- tion of the assessment, diagram, and certificate, or either, shall be held to be a waiver on the part of the said contractor or his assigns of any claims whatever thereunder against said city and county. Immediately upon such delivery the said contractor and his assigns shall be fully empowered to collect such assessment in the manner herein provided for the collection of assess- ments made or to be made under the provisions of this Act. The Mayor, by and with the con- sent of the Board of Supervisors, is hereby empowered to allow the City and County Attorney such assistance as may be necessary for the purposes of this section, at an expense not exceeding two hundred and fifty dollars per month, payable out of the General Fund.

SEC. 26. The Superintendent of Public Streets, Highways, and Squares and his Deputies, shall take charge of and superintend the construction or improvement of each and every sewer, and of piling and capping, and of repiling and recapping, paving and repaving, macadamizing and remacadamizing, and all other street work and improvements ; and it shall be their duty to see that the contract made for the doing of said work is strictly fulfilled in every respect. It shall be the duty of the Superintendent of Public Streets, Highways, and Squares, or any of his Deputies, to enter upon a record book, to be kept in the office of said Superintendent of Public Streets, Highways, and Squares, for public inspection, entries under appropriate head- ings, showing how often, at what time, and by whom, the work has been inspected, and in what manner the same is being performed ; and on the completion of said work, and prior to the issuance of the assessment therefor, if the work has been performed and completed in accordance with the terms of the contract and specifications, an entry certifying to the same, signed by the aforesaid Superintendent of Public Streets, Highways, and Squares, or any of said Deputies who have had charge of and superintended the work performed.

SEC. 27. Article four, embracing sections from thirty-six to sixty-four, inclusive, of an Act entitled " An Act to repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consolidate the Government thereof,"' approved April nineteenth, eighteen hundred and fifty-six, and sections three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, and fourteen, of an Act entitled " An Act Amendatory to an Act entitled An Act to repeal the several Charters of the City of San Francisco, to Establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved April nineteenth, eighteen hundred and fifty- six, approved March twenty-eight, eighteen hundred and fifty-nine, and sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, sixteen, and seventeen, of an Act entitled " An Act Amendatory of an Act entitled An Act to Repeal the several Charters of the City of San Francisco, to Establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved April nineteenth, eighteen hundred and fifty-six, and of An Act amendatory and supplementary thereof, approved the eighteenth day of April, eighteen hundred and fifty-seven, and of An Act amendatory thereof, approved the twenty-eighth day of March, eighteen hundred and fifty-nine, and supplement- ary to said Act, approved May eighteenth, eighteen hundred and sixty-one, and An Act amenda- tory of article fourth of an Act entitled " An Act to Repeal the several Charters of the City of San Francisco, to Establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved the nineteenth day of April, eighteen hundred and fifty-six, repealing sections thirty-six to sixty-four, inclusive, and Acts and parts of Acts amendatory and supplementary thereof, and substituting this Act for said article fourth, approved April twenty-fifth, eighteen hundred and sixty-two, and " An Act to amend an Act entitled An Act amendatory of Article Fourth of an Act entitled An Act to Repeal the several Charters of the City and County of San Francisco, to Establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved the nineteenth day of April, eighteen hundred and fifty-six, repealing sections thirty-six to sixty- four, inclusive, and Acts and parts of Acts amendatory and supplementary thereof, and substitut- ing this Act for said article four, approved April twenty-fifth, eighteen hundred and sixty-two, approved March thirty-first, eighteen hundred and sixty-six, and An Act to amend an Act entitled " An Act amendatory of Article Fourth of an Act entitled An Act to Repeal the several Charters of the City of San Francisco, to Establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved the nineteenth day of April, eighteen hundred and fifty-six, repealing sections thirty-six to sixty-four, inclu- ive, and Acts and parts of Acts amendatory and supplementary thereof, and substituting this Act for said article four, approved the twenty-fifth day of April, eighteen hundred and sixty- two, approved March twenty-six, eighteen hundred and sixty-eight, and an Act entitled “An Act to amend sections one, two, nine, ten, and seventeen of an Act entitled An Act amend- atory of Article Fourth of an Act entitled An Act to Repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to Consolidate the Government thereof," approved the nineteenth day of April, eighteen hundred and fifty-six, repealing sections thirty-six to sixty-four, inclusive, and Acts and parts of Acts amendatory and supplementary thereof, and substituting this Act for said article four, approved April twenty-fifth, eighteen hundred and sixty-two, and to amend sections one and

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The San Francisco Directory, 1874, Part 240

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