The San Francisco Directory, 1874, Part 245

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

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SEC. 5. Said bonds shall be known as the " City Hall Construction Bonds." They shall be issued in sums of not less than five hundred dollars each, and shall bear interest from the date thereof until maturity, at the rate of six per cent. per annum, principal and interest pay- able only in United States gold coin, as they fall due at the office of the Treasurer of said city and county. The principal sum of said bonds shall be made payable twenty-five years from the first day of June, one thousand eight hundred and seventy-four, and the interest accruing on said bonds shall become due and payable in like gold coin, semi-annually, at the office of the said Treasurer, on the first Mondays of January and July of each year ; said bonds shall be signed by the Mayor, the Auditor, and Treasurer of said city and county, who shall ex officio constitute a Board of City Hall Fund Commissioners. But before being so signed, the same shall be presented by the Mayor to the Clerk of the Board of Supervisors of the said city and county, which Clerk shall cause said bonds to be numbered, and shall register the same in numerical order, in a book to be kept for that purpose, showing the date of each bond, and the said Clerk shall thereupon deliver the same to the said Mayor, who shall sign each bond, and affix thereto the corporate seal of the said city and county, and deliver the said bonds to the said Auditor, who shall in like manner sign the same and deliver them to the Treasurer, who shall in like manner sign the same, and shall also register them in like manner as the Clerk of the said Board of Supervisors is herein directed to do. The Auditor shall take from the Treasurer a receipt for all such bonds so delivered.

SEC. 6. Coupons for the interest on each bond shall be attached thereto, which coupons shall be signed by the said Treasurer. When any such coupons shall be paid, it shall be the duty of the said Treasurer, without delay, to cancel the same, and all such canceled coupons shall be delivered to the Auditor, by the Treasurer, who shall take a receipt therefor ; and it shall be the duty of the Auditor to file the same in his office substantially in the same manner now and latterly observed for filing canceled coupons by said Auditor, which filing shall be by attaching the said canceled coupons in the numerical order of the bonds, and in numerical or- der of the coupons, to a blank or scrap book to be kept for that purpose and known as the " Record of Canceled San Francisco City Hall Bonds and Coupons." Said bonds when paid shall be immediately canceled by the Treasurer and delivered by him to the Auditor, taking the receipt of the Auditor therefor, and the same shall be filed by the said Auditor in his office in the same manner that other canceled bonds are filed. The interest on all such bonds shall terminate on the maturity of the bonds respectively.

SEC. 7. Upon the presentation to said Treasurer of said warrants certified to, or issued by said Clerk of said Board of Supervisors, and countersigned by said Auditor, the said Treasu- rer shall issue to the holder or holders thereof said bonds to the extent of the said warrants so presented, dollar for dollar; and if it shall happen that the exact amount of the warrants presented at any one time exceeds five hundred dollars, or some multiple of five hundred dol- lars, it shall be the duty of said Treasurer to issue to the party presenting the same, a new warrant for the excess of the amount of the warrants presented over and above the amount of the bonds issued therefor, which said warrant so issued by said Treasurer shall, when counter- signed by said Auditor, be in like manner fundable into said bonds as said warrants issued by said Clerk of said Board of Supervisors. All warrants converted by said Treasurer into bonds, as aforesaid, shall be immediately canceled by said Treasurer, and delivered by him to said Auditor, taking his receipt therefor. It shall be the duty of the Auditor to file and safely keep all said canceled warrants in his office.

SEC. 8. For the purpose of paying the bonds herein provided for, and the interest thereon, it shall be the duty of the Board of Supervisors of said city and county in each year to levy & tax, to be styled " City Hall Bonds Interest Tax," sufficient to raise the amount to be paid on such bonds during each year and annually until the maturity of such bonds. The said Board of Supervisors shall also annually levy such a tax as they shall determine to be requisite for the purpose of raising funds for the liquidation of such bonds at maturity, which fund shall be styled the " City Hall Sinking Fund." The said taxes shall be levied and collected in a

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CONSOLIDATION ACT.

893

manner provided by law for the general taxes for municipal purposes ; and when collected shall in like manner be paid to the Treasurer, who shall apply the same to the payment of said bonds as hereinafter provided.

SEC. 9. The said Treasurer is hereby authorized annually to invite proposals for the surren- der of bonds issued under this Act, by advertising for at least thirty days next preceding the first Monday in February of each year, in three daily newspapers published in said city and county. The said Commissioners shall publicly open all bids received at the time and place mentioned in such advertisement, and shall apply the funds on hand for such purpose towards the payment of the bonds mentioned in such bids, giving preference to the bonds offered at the lowest percentum of their par value, but in no case shall any bid above their par value and interest be accepted. The said Treasurer shall always reserve in such advertisement the right to reject any and all proposals for the surrender of such bonds. In case a sufficient amount of such bonds shall not be offered as aforesaid to exhaust the "City Hall Sinking Fund" to a less amount than five thousand dollars, then it is hereby made the duty of said Treasurer to advertise in two newspapers, published in the City and County of San Francisco for two months, which advertisement shall state the amount in the City Hall Sinking Fund, and the numbers of the bonds, commencing with the lowest number then outstanding and numbering them in the order of their issue, which said money is set apart to pay and discharge; and if such bonds so mentioned in said advertisement shall not be presented for payment and cancellation within two months from the expiration of such publication, then such money shall remain in the treasury to discharge such bonds whenever presented; but they shall draw no interest after the end of sixty days from the last publication as aforesaid.

SEC. 10. The faith and credit of the City and County of San Francisco are hereby pledged for the redemption of the bonds provided for in this Act, and for the payment, as it falls due, of the interest thereon.

SEC. 11. All moneys now in the City Hall Fund, created by the Act heretofore mentioned, and under which said Board of City Hall Commissioners was created, and all that shall here- after be placed in said fund are hereby turned over to the General Fund of said city and coun- ty, but must be used in the payment of said contracts and indebtedness herein before mentioned and specified, as it shall come due, and shall be applied to said object in preference to the issuing of bonds, and thereby reduce the amount of bonds to be issued under this Act to the extent of such moneys so paid into said fund.

SEC. 12. Nothing in this Act contained or in the Act referred to herein shall be construed to authorize the Board of Supervisors to make any new contracts for work or material, or in any manner to continue the work of constructing the City Hall beyond finishing up and pay- ing off the work and materials now contracted for or already performed or delivered, or to be performed or delivered under the same.

SEC. 13. This Act shall take effect and be in force thirty days after its passage .*

SUPPLEMENTAL XXIX .- An Act to Organize and Regulate the Justices' Court, in the City and County of San Francisco .- Approved March 26, 1866.

SECTION 1. There shall be in and for the City and County of San Francisco one Justices' Court, which shall have the powers and jurisdiction now prescribed and conferred by law upon Justices of the Peace and Justices' Courts in said city and county. All actions, suits, and pro- ceedings, whereof Justices of the Peace and Justices' Courts in said city and county have juris- diction, shall be commenced, entitled, and prosecuted in said Court. The said Court shall be always open, non-judicial days excepted, and causes therein may be tried before the Presiding Justice, before any one of the Justices before whom the original process may be made return- able or to whom the cause may be assigned or transferred for trial, or before any three Justices of the Peace constituting the Court in bank as hereinafter provided ; but the Court in bank shall have exclusive power to hear and determine all applications for new trials. For the or- ganization of said Court, Justices of the Peace and Justices' Clerk shall be, respectively, elect- ed or appointed as hereinafter provided, and the Sheriff of the City and County of San Fran- cisco, ex officio, shall be an officer of said Court as hereinafter provided .- [Amendment Feb- ruary 10, 1870.]

SEC. 2. There shall be for the City and County of San Francisco five Justices of the Peace,

In addition to the powers herein enumerated, the Legislature of the State, Session 1873-74, passed the following:

L. To allow and order paid, a certain claim (to F. Klatt for the construction of the New Hospital build- ing, $15,000) .- March 18, 1874.

II. To pay each of the Commissioners for the opening of Montgomery Avenue, and the Attorney of the Board, $2,000 each .- March 23, 1874.

III. To pay damages awarded to certain owners of property in the matter of opening Second Street .- March 30, 1874.

IV. To provide for the execution and delivery of deeds to purchasers of City Hall lots .- March 30, 1874. V. For the relief of Joseph Leggett .- March 30, 1874.

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894 SAN FRANCISCO DIRECTORY.

to be elected by the city and county at large, at the time, in the manner, and for the term, as now prescribed by law for the election of such Justices.

SEC. 3. The Board of Supervisors shall, biennially, appoint one of the Justices of the Peace to be Presiding Justice, who, as such, shall hold office for two years, and until his suc- cessor shall in the same manner be appointed ; and any one of the other Justices may attend, preside, and act as Presiding Justice during the temporary absence or disability of the Justice so appointed. The Board of Supervisors shall also appoint a Justices' Clerk, on the written nomination and recommendation of the said Justices, or a majority of them, who shall hold office for two years, and until his successor is appointed and qualified .- [Amendment March 30, 1872.] * * *

SEC. 4. [Office of Constable abolished, Act February 10, 1870; which also provides]: that the Sheriff of the City and County of San Francisco shall be the officer of said Court, and in addition to the Deputies now allowed by law, may appoint three Deputies, whose duty it shall be to assist said Sheriff in serving and executing all the processes, writs, and orders of the said Justices' Court. Said Deputies shall receive a salary of one hundred and twenty-five dollars per month each, payable monthly out of the City and County Treasury, and out of the Special Fee Fund, after having been first allowed and audited as other similar demands are by law required to be audited and allowed .- [Amendment Act February 10, 1870.]

SEC. 5. The Board of Supervisors shall provide in some convenient locality in said city and county, a suitable building, with rooms for the Clerk's Office, Court Room, and separate rooms for offices or chambers for each of the Justices of the Peace (the Presiding Justice ex- cepted), for the transaction of their official business, and shall also provide suitable furniture therefor ; or if said Board should deem it necessary and expedient, offices or chambers for the Justices may be provided and assigned for them in different buildings and places. At the Clerk's Office, the presiding Justices and Justices' Clerk shall be in attendance daily, non-judi- cial days excepted, from the hour of nine A.M. until five P.M., and at such other convenient hours as may be required by urgent official business ; and the other Justices aforesaid shall be in attendance at their respective offices or chambers, for the dispatch of official business, daily, from the hour of nine A.M. until five P.M. * The Justices of the Peace, severally, shall be allowed in any action before them, for all services of every kind whatsoever required to be performed by them before the entry of judgment in such action, two dollars, and for the entry of judgment and all proceedings subsequent thereto, including all affidavits, swearing witnessess, and jury therein, three dollars ; and under no pretext what- ever shall said Justices, in any action, be authorized or legally entitled to ask, demand, or receive any other or further fee or charge, except for copies of papers on appeal as hereinafter provided .- [Amendment February 13, 1872.]

[Sections 6-18 refer to the proceedings in the Court and the mode of conducting the same. Amended, Acts February 10 and April 2, 1870.]

SEC. 19. The Justices of the Peace," Justices' Clerk, and Justices' Clerk's Deputy shall receive for their official services the following salaries, and no other compensation, payable monthly out of the City and County Treasury, and out of the Special Fee Fund, after being first allowed and audited as other similiar demands are by law required to be allowed and audited : to the Presiding Justice, three thousand dollars per annum ; to the Justices' Clerk, and each of the Justices of the Peace (the Presiding Justice excepted), twenty-four hundred dollars each per annum, and to the Justices' Clerk's Deputy, twelve hundred dollars per annum .- [Amendment March 30, 1872.]

[Sections 20 and 21 prescribe who shall practice in said Court. Amended February 10 and April 2, 1870.]

SUPPLEMENTAL XXX .- An Act to amend Section Fifty of the Code of Civil Procedure .- Approved March 80, 1874.

SECTION 1. Section fifty of said Code is hereby amended so as to read as follows : Sec. 50. The April and October terms of this Court shall be held at the capital of the State. If proper rooms in which to hold the Court, and for the accommodation of the officers thereof, are not provided for by the State, together with attendants, furniture, fuel, lights, and stationery, suit- able and sufficient for the transaction of business, the Court may direct the Sheriff of the county in which it is held to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof, certified by a majority of the Justices to be correct, must be paid out of the State Treasury. The January and July terms of this Court may be held at the City and County of San Francisco, provided the Board of Supervisors thereof, at the discretion of said Board, shall procure and maintain at the expense of said city and county, rooms and furniture acceptable to the Justices of said Court for the accommodation of the business thereof, and of its respective officers, together with necessary attendants, fuel, and lights. And the Board of Supervisors of said city and county are hereby authorized to appro- priate all necessary funds to defray the expenses aforesaid, payable out of the General Fund of said city and county. If the said Board of Supervisors shall accept the provisions of this

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CONSOLIDATION ACT. 895

Act, and procure the necessary rooms and furniture of said city and county for the accommo- dation of said Court and its officers, then it shall be the duty of said Board to permanently maintain such rooms and furniture, together with the necessary attendants, fuel, and lights, and upon the failure of said Board so to do, after having accepted the provisions of this Act, as aforesaid, the Court may direct the Sheriff of said city and county to provide such rooms, furniture, fuel, and lights, and the expenses thereof, certified by a majority of the Justices to be correct, shall be a charge against said city and county, and must be paid out of the General Fund thereof; until such time as the Board of Supervisors of said city and county shall accept the provisions of this Act, the January and July terms of this Court shall continue to be held at the capital of the State : provided, that in no event shall the State hereafter be put to any additional expense of any kind, character, or nature by reason of the holding of any term or terms of said Court at said City and County of San Francisco.

SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 3. This Act shall take effect and be in force from and after its passage.

SUPPLEMENTAL XXXI .- An Act to Establish a Municipal Court in the City and County of San Francisco. -Approved March 31, 1870.

SECTION 1. There shall be and hereby is established, within the City and County of San Francisco, a Municipal Court, to be called and known by the name of the Municipal Criminal Court of the City and County of San Francisco.

SEC. 2. A Judge of said Court shall be elected by the qualified electors of said city and county, at the next special judicial election, to be held in the year eighteen hundred and sev- enty-one, who shall hold his office for the term of four years from the first day in January next after his election : provided, that the Governor shall immediately after the passage of this Act appoint and commission some suitable person, who has been a resident of said City and County of San Francisco for the past five years, as a Judge of said Municipal Court, who shall hold such office until his successor is duly elected, in the manner hereinbefore provided, and who shall qualify according to law. When any vacancy occurs in the office of Judge of said Court, it shall be filled by the Governor, by the appointment of some suitable person for the unexpired term.

SEC. 3. The said Court shall bold its sessions in the City and County of San Francisco, in such central and convenient place as shall be provided for that purpose by the Board of Super- visors of said City and County of San Francisco.

SEC. 4. The said Court shall be a Court of Record and shall have a seal, to be devised by the Judge thereof, a description of which shall be entered on the minutes of the Court and filed in the office of the Secretary of State. And the said Court shall have the same power as the District Court to regulate its forms of process and proceedings and to make rules for its own government.

SEC. 5. All writs and process issued out of said Municipal Court shall be in the form pre- scribed for writs and process issued out of the District Court, and shall be executed and returned in like manner ; and said Court shall have power to issue all writs of subpena and other process, and the same may be served beyond the limits of the City and County of San Francisco and shall be considered of the same effect as writs and process issued out of the District Courts ; and obedience to such subpena, when properly issued and served, may be enforced in like manner as obedience to a subpena may be enforced by the District Courts.

SEC. 6. An appeal may be taken to the Supreme Court from any judgment or order of the said Municipal Criminal Court in like manner as from an order or judgment of the District and County Courts, and all laws regulating appeals from District and County Courts shall be deemed applicable to appeals from the said Municipal Criminal Court.

SEC. 7. All laws regulating proceedings in the District Court shall, so far as they are not inconsistent with the provisions of this Act, be deemed applicable to the proceedings of the said Municipal Criminal Court ; and said Court shall have power to make rules, not incon- sistent with the laws of the State, for its government and the government of its officers.

SEC. 8. The County Clerk of the City and County of San Francisco shall be ex officio Clerk of said Municipal Criminal Court, and he is hereby authorized to appoint one Deputy to act as Court Room Clerk of said Court, who shall receive a salary of one hundred and seventy-five dollars per month, and one Deputy to act as Register Clerk of said Court, who shall receive a salary of one hundred and fifty dollars per month, and such salaries shall be paid in the same manner as the salaries of the other Deputies of said County Clerk. [Amendment February 5, 1872.]

SEC. 9. The Sheriff of the City and County of San Francisco shall be the Sheriff of the said Municipal Criminal Court, and shall execute, either in person or by Deputy, such of the pro- cess of said Court as may be required to be executed by a Sheriff, and shall be amenable to said Court by proceedings as for contempt on his failure to execute such process. And said Sheriff is hereby authorized to appoint a Deputy, in addition to those now appointed by him, who shall act as Bailiff or Deputy Sheriff of said Court, and who shall receive a salary of one

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896

SAN FRANCISCO DIRECTORY.

hundred and fifty dollars per month, to be paid in the same manner as the salaries of the other deputies of said Sheriff are paid.

[Sections 10-14 refer to the powers of the Judge and indictments and proceedings thereon.] SEC. 15. The Judge of said Municipal Criminal Court shall receive a salary of five thousand dollars per annum, payable in equal monthly installments, out of the same fund, and in the same manner, as the salary of the Judge of the County Court of the City and County of San Francisco is now paid.

SEC. 16. The District Attorney in and for the said city and county may, by written cer- tificate, signed by himself, appoint an Assistant District Attorney, who shall be entitled to re- ceive a salary of three hundred dollars a month, payable as the salary of the District Attorney is now made payable by the law, and who shall assist in the performance of any official duty enjoined upon the District Attorney by law. *

SUPPLEMENTAL XXXII.º-An Act to Facilitate and Increase the Collection of State and County and Muni- cipal Licenses in the City and County of San Francisco .- Approved March 30, 1872.

SECTION 1. If any person or persons, whether as principal or principals, agent or agents, clerk or clerks, employé or employés, or any firm, or any member of any firm or corporation, shall be engaged in carrying on, pursuing, or transacting, within the limits of the City and County of San Francisco, any business, trade, or profession, occupation or employment, which now is or shall hereafter be by law required to be licensed, without having first obtained and procured the license therefor so required by the laws of this State, or by the lawful orders of the Board of Supervisors of said city and county, or shall, after five days' notice in writing, refuse, neglect, omit, or fail to comply with any requirement or requirements, provision or provisions of the laws of this State or orders of the said Board of Supervisors requiring such person or persons, firm or corporation to procure a license, he, she, or they, or either of them, as the case may be, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred dollars, or by imprisonment for a period not exceeding thirty days, in case the fine is not paid.

SEC. 2. The Collector of Licenses, Chief Deputy Collector of Licenses, and Assistant Deputy Collectors of Licenses of said city and county are hereby authorized, empowered, and required to collect all State and county licenses provided for and required by law to be collected within the limits of said city and county, in addition to the municipal licenses now required to be collected or which shall hereafter be required to be collected bv them or either of them ; and it shall be the duty of said Collector of Licenses, Deputy Collector of Licenses, and Assistant Collectors of Licenses to attend to the collection of licenses, and examine all places of business and persons liable to pay licenses, and to see that licenses are taken out and paid for. They shall each have and exercise, in the performance of their official duties, the same powers as Police Officers in serving process or summons and in making arrests; also, shall each have and exercise the power to administer such oaths and affirmations as shall be necessary in the dis- charge and exercise of their official duties ; and they and each of them are hereby empowered to enter any place of business for which a license by law is provided and required, free of charge, at their pleasure, and to demand the exhibition of any license for the current time, from any person, or firm, or corporation engaged or employed in the transaction of any business for which a license is by law rendered necessary ; and if such person, or firm, or corporation, or either of them shall be unable, or refuse, or neglect, or fail to then and there exhibit such license, he, she, or they, as the case may be, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as provided by section one of this Act for punishment upon conviction of a misdemeanor.

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The San Francisco Directory, 1874, Part 245

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