USA > California > San Francisco County > San Francisco > The San Francisco directory for the year 1869 > Part 192
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SEC. 7. The Board of Supervisors of the City and County of San Francisco shall have full power to pass all ordinances, and said Fire Commissioners to adopt rules and regulations, for the government, management, control, and discipline, of the said Fire Department, as they shall deem expedient for the best interests thereof, and to prescribe the duties of the officers and mem- bers thereof ; and said Board of Supervisors shall have power to locate all cisterns, hydrants, and engine houses, hereafter to be purchased : provided, such ordinances, rules, and regulations, are not inconsistent with the laws of the State of California, and that such rules and regulations shall be approved by the Board of Supervisors. If the members of the present Fire Depart- ment fail, neglect, or refuse, to perform their duties in every respect, after the passage of this Act, and until the organization of the Paid Department, as in this Act provided, the Board of Supervisors are empowered to take possession of all engines, hose, hooks, and ladders, and other appurtenances belonging to said Department, and to pass such ordinances as may be necessary for the protection of property, until the organization of the Fire Department provided for under this Act.
SEC. 8. The said Board of Supervisors are hereby authorized to appropriate, allow, and order paid, annually, ont of the General Fund, the salaries hereinbefore specified and allowed. Twenty-five thousand dollars per annum for running expenses, horse fecd, repairs to apparatus, and other expenses of the said Department ; and three thousand dollars for the purchase of three horses, one hose reel, and harness ; and ten thousand dollars, annually, for the purchase of hose and steam fire engines. Also a sum not exceeding twenty thousand dollars, annually, in lieu of the amount now allowed by law for the construction and erection of hydrants and cisterns ; and the Board of Supervisors shall have power to advertise for proposals, and make contracts for the construction of said cisterns and the erection of said hydrants; and they are hereby em- powered to locate the same .- [ Amendment March 9, 1868.]
SEC. 9. The Mayor of suid 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 other property, which shall not be required for the use of the Department ; and to execute, acknowledge, 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. 10. The only engine which shall be purchased by the city, and used by the Fire De- partment, shall be steam fire engines of the best pattern and manufacture : provided, that the hand fire engines, now in possession of the city, shall be used in such manner and under such regulations as the Board of Commissioners, with the approval of the Board of Supervisors, shall direct, until such steam fire engines shall have been purchased to the number of six.
SEC. 11. Any person who may have been an active fireman in the Fire Department of said city and county for three years and six months immediately preceding the time when this Act shall take effect, shall be entitled to enjoy all the privileges and immunities now enjoyed by exempt firemen in said city and county, under the existing laws of this State. Any such person shall, upon application and proper proof of such service, receive a certificate to that effect from
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the person or persons now issuing such certificates, and in the same form as exempt firemen in said city and county are now entitled to receive such certificates.
SEC. 12. This Act shall take effect immediately, so that the Paid Fire Department herein provided for and established, may be fully organized prior to the first Monday of December next, at which time, and not before, except in the contingency provided for in section seven of this Act, said Paid Fire Department shall go into full operation and supersede the present organiza- tion of the Fire Department, and thereupon the Act, entitled " An Act to regulate the Fire Department of the City and County of San Francisco," approved March twenty-fifth, eighteen hundred and fifty-seven, and all Acts supplementary or amendatory thereof, shall be repealed ; and until the said first Monday of December, eighteen hundred and sixty-six, the present Fire Department of said city and county shall continue under the present laws and organization, except as in this Act excepted : provided, the salaries of the Chief and Assistant Engineers, and the Secretary, shall be paid until December fifteenth, eighteen hundred and sixty-six, on condition that they continue faithfully to perform such duties, and none others, as may be required of them by the Board of Supervisors in protecting the property of the Fire Department, and in estab- lishing and carrying into effect the provisions of this Act .- [ Amended April 2, 1866.]
POLICE DEPARTMENT.
To Chief of Police, four thousand dollars per annum.
To four Captains of Police, one hundred and fifty dollars per month each.
To Policemen, not exceeding one hundred, the number to be determined from time to time by order of the Board of Supervisors, one hundred and twenty-five dollars per month each, [Act April 4, 1864] : provided, that one of the same detailed for Clerk in the office of the Chief of Police, to be appointed by him, shall receive one hundred and fifty dollars per month.
To the Resident Physician of the City and County Hospital, two hundred dollars per month, in full compensation for all duties as such, and also for his attendance on the Small-pox Hospi- tal, County Jail, and City Prison .- [ Act May 17, 1861, Sec. 1.]
To the Visiting Physician and Surgeon of the County Hospital, one hundred dollars per month each .- [ Act April 27, 1860.]
The several officers named in this Act, who are entitled to charge and collect, or receive any fees, commissions, percentages, or other compensation, of whatever nature or kind, allowed by law for services rendered by them or their Deputies, in their several official capacities, or for the performance of duties appertaining to said offices, shall collect and safely keep the same, and on each Monday they shall pay the total amount by them received to the Treasurer of said city and county, who shall set apart the same as a Special Fee Fund, for the payment of the respective salaries of the several officers entitled to charge and collect fees, commissions, or other compen- sation. And the salaries of all other officers shall be paid out of the General Fund : provided, that the Assessor, so far as relates to the collection of poll tax, and the City and County Sur- veyor, shall be exempt from the provisions of this section. It shall be, and is hereby made, the duty of all such officers who are entitled to charge and collect or receive fees, commissions, or other compensation for their official services, to keep a book or books, in which shall be entered by items the amount received for all official services performed by them or their Deputies, show- ing the date and nature of such services, and the amount received therefor, which book or books shall, at all office hours, be open to the inspection of the Board of Supervisors or any citizen; and each of said officers shall, at the expiration of each month, make out and verify by oath, and file with the Auditor, a full and accurate transcript, from his said book or books, of the entries for the preceding month .- [ Act May 17, 1861, Sec. 2.] It shall be the duty of the Treasurer of said city and county to receive, receipt for, and safely keep, all moneys paid over to him under the provisions of this Act, and to make up, on the first day of October, eighteen hundred and sixty-one, and quarterly thereafter, an accurate statement of said Special Fee Fund, showing the actual condition of the same up to such time, when, if any balance remain in said fund, after satisfying all demands payable out of the same, the Treasurer shall transfer such balance to the General Fund ; but should such Special Fee Fund be insufficient to satisfy all of the demands payable therefrom, then the Treasurer shall, at the request of the holder, register such unpaid demands against, and pay the same in their order of registration out of, the General Fund, as in other cases .- [Act May 17, 1861, Sec. 3.] All demands upon the Treasury, allowed by this Act, shall, before they are authorized to be paid, be duly audited, as in other cases of demands lawfully payable out of the Treasury. The several salaries named shall be payable monthly by the Treasurer upon the audit of the County Auditor, who is hereby directed to audit the salaries herein provided for .- [ Act May 17, 1861, Scc. 4.] The Board of Supervisors may, from time to time, authorize the appointment of such additional Deputies, for any of the various city and county offices, and for such period of time as in their judgment may be necessary for the proper and faithful discharge of the duties of such office. Deputies appointed under the pro-
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visions of this section, shall receive not to exceed one hundred and fifty dollars per month each ; but in no case shall the aggregate pay of such Deputies exceed three thousand dollars per annum .- [ Act May 17, 1861, Sec. 5.] The fees receivable by the several officers named in this Act, shall be payable in advance .- [ Act May 17, 1861, Sec. 6.] For a willful neglect or refusing to comply with any of the provisions of this Act, by any officer or officers herein named, he or they shall be deemed guilty of felony, and on conviction thereof, in the Court of Sessions, be subject to a fine not to exceed five thousand dollars, and a forfeiture of office, or to imprison- ment in the State Prison not less than one nor more than three years, or to both such fine and imprisonment : provided, that nothing herein shall be held to release such officer from the obli- gation to give the official bond required by law, or from any civil responsibility arising from his official duties .- [Act May 17, 1861, Sec. 8.] All requisitions for books, blanks, and sta-
tionery, for any of the officers named in this Act, shall be made by such officers respectively, upon the Board of Supervisors, stating the amount and description thereof, and that the same are essential and necessary for the use of such office, which statement shall be verified by the oath of such officer, and, upon their approval thereof, the said Board shall order the cost of the same paid out of the Special Fee Fund .- [Act May 17, 1861, Sec. 9.]
SEC. 12. Neither the Board of Supervisors, the Board of Education, or any officer of the said city and county, or of any district, shall have any power to contract any debt or liability, in any form whatsoever, against the said city and county ; nor shall the people or tax-payers, or any property therein, ever be liable to be assessed for, or on account of, any debt or liability here- after contracted, or supposed or attempted to be contracted, in contravention of this section.
SEC. 13. [Obsolete. ]
SEC. 14. All officers of the said city and county must, before they can enter upon their offi- cial duties, give bond as required by law. The bonds and sureties of such officers must be ap- proved by the County Judge, Auditor, and President of the Board of Supervisors. Where the amount of such official bond is not fixed by law, it shall be fixed by the Board of Supervisors. No banker residing or doing business in said city or county, nor any such banker's partner, clerk, employé, agent, attorney, father, son, or brother, shall be received as surety for the Treas- urer, President of the Board of Supervisors, Sheriff, Auditor, or any officer having the collec- tion, custody, or disbursement of money. No person can be admitted as surety on any such bond, unless he be worth, in fixed property, including mortgages situated in said city and county, the amount of his undertaking, over and above all sums for which he is already liable, or in any manner bound, whether as principal, indorser, or security, and whether such prior obligation or liability be conditional or absolute, liquidated or unliquidated, certain or contingent, due or to become due. All persons offered as sureties on official bonds may be examined on oath touching their qualifications. The official bond of the Auditor shall be filed and kept in the office of the Clerk of said city and county. All other official bonds shall be filed and kept in the office of the Auditor. All officers continued in office under this Act shall be required to execute new bonds, conformable to laws heretofore existing ; and in case of default on the part of any officer of doing so within two days after the first meeting of the Board of Supervisors, the said Board shall declare his office vacant .- [Amendment March 28, 1859.]
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 -heriffs 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 his 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 absence from the city or county be on any other than business immediately connected with his office, he
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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 Offi- cers to attend constantly upon the Police Judge's Court, to execute the orders and process o f the said Court; he may order to be arrested and to be taken before the Police Judge, any per- son 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. [Repealed by the following] :
SUPPLEMENTAL IV .- An Act to prescribe the Jurisdiction of the Police Judge's Court of the City and County of San Francisco .- Approved January 27, 1864.
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.
The said Court shall have jurisdiction of the following public offenses when 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 five hundred dollars, or imprisonment not exceed- ing six months, or by both such fine and imprisonment.
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.
The Judge of said Court shall also have power to hear cases for examination, and may com- mit and hold the offender to bail for trial in the proper Court; and may try, condemn, or acquit, and carry his judgment into execution, as the case may require according to law ; and shall have power to issue warrants of arrests, subpenas, and all other process necessary 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. * * *
His 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, aud March 25, 1862.]
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.
SUPPLEMENTAL V .- An Act respecting the Police Court of the City and County of San Francisco .- Approved December 9, 1866.
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 purpose, shall have power to preside in and hold the Police Judge's Court of 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 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
* Declared not to be a Court of Record .- [Act April 27, 1863.]
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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.
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 him on account of salary, an exact and detailed account, upon oath, accompanied with an exhibition of said record, of all 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 amount- ing 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. 1.]
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 imprison- ment 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 the 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 Supervisors 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, [Amendment April 4, 1864] as the Board of Supervisors shall determine to be necessary .* Thereof an equal number in proportion to population, 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 re-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 citizen 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 residents 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.
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