USA > California > San Francisco County > San Francisco > The San Francisco directory for the year 1869 > Part 200
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135 | Part 136 | Part 137 | Part 138 | Part 139 | Part 140 | Part 141 | Part 142 | Part 143 | Part 144 | Part 145 | Part 146 | Part 147 | Part 148 | Part 149 | Part 150 | Part 151 | Part 152 | Part 153 | Part 154 | Part 155 | Part 156 | Part 157 | Part 158 | Part 159 | Part 160 | Part 161 | Part 162 | Part 163 | Part 164 | Part 165 | Part 166 | Part 167 | Part 168 | Part 169 | Part 170 | Part 171 | Part 172 | Part 173 | Part 174 | Part 175 | Part 176 | Part 177 | Part 178 | Part 179 | Part 180 | Part 181 | Part 182 | Part 183 | Part 184 | Part 185 | Part 186 | Part 187 | Part 188 | Part 189 | Part 190 | Part 191 | Part 192 | Part 193 | Part 194 | Part 195 | Part 196 | Part 197 | Part 198 | Part 199 | Part 200 | Part 201 | Part 202 | Part 203 | Part 204 | Part 205 | Part 206 | Part 207 | Part 208 | Part 209 | Part 210 | Part 211 | Part 212 | Part 213 | Part 214 | Part 215 | Part 216 | Part 217
SEC. 87. The Auditor is the head of the Finance Department of the city and county, and as such is required to be constantly acquainted with the exact condition of the treasury, and every lawful demand upon it. He shall keep a public office, and give his personal attendance there daily, during the office hours fixed in this Act, and shall not be permitted to follow or engage in any other occupation. office, or calling, while he holds said office ; if he absents himself from his office during such office hours, except on indispensable official business, or urgent necessity, he shall lose his salary for the day, and it shall be a part of his official duty to keep account of the times and occasions when he shall be so absent from duty.
SEC. 88. Every lawful demand upon the treasury, duly audited, as in this Act required, shall in all cases be paid on presentation and canceled, and the proper entry thereof be made, if there be sufficient money in the treasury belonging to the fund out of which it is payable ; but if there be not sufficient money belonging to said fund to pay such demand, then it shall be registered in a book to be kept by the Treasurer for that purpose, showing its number, when presented, date, amount, name of the original holder, and on what account allowed, and out of what fund pay- able ; and being so registered, shall be returned to the party presenting it with an indorsement of the word " registered," dated and signed by the Treasurer.
SEC. 89. Whenever any audited demand has been presented to the Treasurer and not paid, and it be made known to the President of the Board of Supervisors, he shall proceed immediately to investigate the cause of such non-payment ; and if it be ascertained that the demand has been illegally and fraudulently approved or allowed, he shall cause the officer guilty of such illegal and fraudulent approval or allowance, to be proceeded against for misconduct in office. If he ascer- tain that the demand has been duly audited, and that the Treasurer has funds applicable to the payment thereof, which, without reasonable grounds for doubt as to the legality of such pay- ment, he refuses to apply thereto, he shall proceed against him as a defaulter : if it be ascertained that the demand was not paid for want of funds, then he shall cause the Sheriff or Tax Collector,
EDWARD BOSQUI & CO., Steel and Copperplate Engravers and Printers, cor. Clay and Commercial.
The best advertising medium on the Pacific Coast-PACIFIC COAST BUSINESS DIRECTORY.
C. P. VAN SCHAACK & CO., Nos. 712, 714 and 716, Kearny Street.
CONSOLIDATION ACT.
791
or other officer or person or persons, who ought to have collected or to have paid the money into the treasury, if they have been grossly negligent therein, to be proceeded against according to law, and without any delay.
SEC. 90. The salaries, fees, and compensations of all officers, including policemen and employés of all classes, and all teachers in common schools, or others employed at fixed wages, shall be payable monthly ; and any demand whatsoever upon the treasury hereafter accruing, shall not be paid, but shall be forever barred by limitation of time, unless the same be presented for payment, properly audited, within one month after such demand became due and payable ; or if it be a demand which has to be passed and approved by the Board of Supervisors, or Board of Education, then, within one month after the regular session of the proper Board, held next after the demand accrued, or unless the Board of Supervisors shall, within six months after the demand accrued as aforesaid, on a careful investigation of the facts, certify that the same is in all respects just and legal, and that the presentation of it as above required was not in the power either of the original party interested, or his agent, or the present holder, in which case it shall be barred in the same manner, unless presented for payment within twenty days thereafter.
SEC. 91. The Treasurer, for money received into the treasury, and all other officers of said city and county receiving money from the Treasurer for disbursement, shall give receipt for all moneys by them received, which receipt shall be presented to, and countersigned by, the Auditor. The Auditor, before countersigning any such receipt, shall number it, and make an entry in a book of record, to be kept in his office for that purpose, of the number, date, and amount, by whom, and in whose favor given, and on what account. No such receipt shall be valid as evidence in favor of the person or officer receiving it, till presented to the Auditor and counter- signed as aforesaid ; and any person or officer using, or offering to use, such receipt as evidence, in favor of such person or officer, of the payment specified in it, without being first countersigned as above required, shall forfeit to the said city and county double the amount of money specified in such receipt.
SEC. 92. If any person feel aggrieved by the decision of the Auditor, or other proper officer or officers of said city and county, except the Board of Education, in the rejection of or refusal to approve or allow, any demand upon the treasury, presented by such person, he may appeal, and have the same passed upon by the Board of Supervisors, whose decision thereon shall be final ; and if the said Board shall approve and allow the demand, it shall afterwards be pre- sented to the Auditor, and entered in the proper book in like manner as other demands allowed by him, and an indorsement must be made of its having been so entered before it can be paid : provided, that from the decision of the President of the Board of Education and Superintend- ent of Common Schools refusing or not agreeing to allow any demand, payable out of the School Fund, the appeal shall be taken to the Board of Education, whose decision thereon shall be final.
SEC. 93. In all cases of such appeals to the Board of Supervisors, or the Board of Educa- tion, the opinion of the District Attorney thereon, shall be required in writing, read and filed ; and upon such appeal, and in all other cases upon the approval or allowance of any demand upon the treasury or School Fund, the vote shall be taken by yeas and nays, and entered upon the records.
SEC. 94. The President of the Board of Supervisors, in conjunction with the County Judge and Auditor of said city and connty, shall, every month, examine the books of the Treasurer and other officers of said city and county, having the collection and custody of public funds, and shall be permitted, and it shall be their duty, to see and count over all the moneys remaining in the hands of such Treasurer, or other officer. If they ascertain clearly that such Treasurer or other officer, is a defaulter, they shall forthwith take possession of all funds, books, and papers, belonging to such officer, and appoint a person to fill the same, until the said defaulting officer can be proceeded against according to law, which shall be done without delay. The person so appointed shall give bond and take the oath of office, in the same manner as was required of the officer whose place he was appointed to fill. If the Treasurer, or other officer so charged as a defaulter, be acquitted thereof, he shall resume his duties.
SEC. 95. Payments of demands ou the treasury of said city and county may be made for the following objects, and none others :
First. Out of the Police Fund, the fixed salaries of Police Captains and Officers, Chief of Police, Police Judge, and Clerk of Police Court.
Second. Out of the School Fund, the salaries or wages of teachers in the common schools, rents, repairs, building, and furnishing of school houses, as provided by law.
Third. Out of the General Fund, the fixed salaries of compensation of the Assessor and his deputies, the salaries fixed by law, and other officers of said city and county, and of officers of the Fire Department, and the legal fees of jurors and witnesses in criminal cases, when the same by law are payable out of the county treasury.
E. H. JONES & CO., 116 Sansom Street, Braids of all kinds.
M. S. WHITING & CO'S MEDICAL BRANDY for invalids, is pure and unadulterated. See next leaf.
REDINGTON HOSTETTER & CO., Headquarters for Druggists on Pacific Coast.
792 SAN FRANCISCO DIRECTORY.
Fourth. Out of the General Fund. coupons for interest due upon the " San Francisco City Stock," duly issued in pursuance of the Act, entitled "An Act to authorize the Funding of the Floating Debt of the City of Sau Francisco, and to provide for the Payment of the same," passed May first, eighteen hundred and fifty-one.
Fifth. Out of the General Fund, coupons for interest due on the bonds duly issued by the Board of Fund Commissioners, in pursuance of the provisions of the Act, entitled "An Act to provide for the Funding of the Legal and Equitable Debt of the City of San Francisco, and for final redemption of the same," passed May seventh, eighteen hundred and fifty-five.
Sixth. Out of the General Fund. coupons for interest due on bonds duly issued by the Com- missioners for Funding the Floating Debt of the County of San Francisco, in pursuance of an Act, entitled "An Act to Fund the Floating Debt of the County of San Francisco," passed May fourth, eighteen hundred and fifty-two.
Seventh. Out of the General Fund, coupons for interest due upon the bonds known as the " Fire Bonds," issned to the amount of " two hundred thousand dollars," by the corporate authorities of the City of San Francisco, and bearing date December first, eighteen hundred and fifty-four.
Eighth. Out of the General Fund, the certificates of stock and bonds, after maturity, which have been duly issued, referred to in the four next preceding subdivisions of this section.
Ninth. Out of the School Fund, coupons for interest due on the bonds known as the " School Bonds," dated May fourth, eighteen hundred and fifty-four, and amounting in the aggregate to the sum of sixty thousand dollars, issued by the corporate authority of the City of San Fran- cisco, together with the sum of five thousand dollars, annually, as a Sinking Fund, for the re- demption of said bonds, and the sum or sums due on each and every of the said bonds at maturity, and also the amount necessary to discharge legal incumbrances now existing on school houses and school house lots.
Tenth. Out of the General Fund, the sum of fifty thousand dollars, annually, for the redemp- tion of the certificates of stock, mentioned in the fourth subdivision of this section, when the same shall be offered for redemption at the treasury, and after first applying to that use the money now belonging to said " Sinking Fund," remaining in the hands of the Fund Commis- sioners. Also, the sum of sixteen thousand six hundred and sixty-seven dollars, annually, for the redemption of said " Fire Bonds," mentioned in the seventh subdivision of this section, when the same shall be offered at the city and county treasury for redemption, and after first applying to that use the money now belonging to this " Sinking Fund."
Eleventh. Out of the Police Fund, bills for the subsisting of prisoners previously authorized by the Board of Supervisors, as in this Act provided, and duly audited, which bills must minutely specify each several item composing the demand.
Twelfth. [Obsolete. ]
Thirteenth. Out of the General Fund, bills duly audited for expenditures in the care and maintenance of the indigent sick of the city and county, previously authorized by the Board of Supervisors, and not exceeding the amount in this Act limited for that purpose.
Fourteenth. [Amended. See Powers of the Board of Supervisors; Sec. 74, page 778.]
Fifteenth. Out of the Surplus Fund, expenditures previously authorized by the Board of Supervisors, in the lawful exercise of their powers, for objects other than those specified in the preceding fourteen subdivisions of this section, may be paid out of the Surplus Fund, as speci- fied in sections ninety-seven and ninety-eight, but not otherwise. At the end of each fiscal year, and after every lawful demand on the treasury then due and payable, or to accrue for that year, shall have been actually paid, taken up, and canceled, and record thereof made in the proper books, or cash in the treasury shall have been set apart and reserved, equal to the amount of said demands that may then be outstanding, or to accrue for that year, and a surplus of money shall still remain in the treasury, then and in such case, but not otherwise, the Board of Super- visors may, out of such Surplus Fund, and from no other source whatever, make appropriations for the various objects embraced within their lawful powers. other than those specified in the first fourteen subdivisions of this section, and may, in case the revenue of the year then next ensuing, will, in their opinion, be amply sufficient to satisfy all demands upon the General Fund and Police Fund, set apart and reserve the moneys so appropriated, to be expended from time to time, during such succeeding year, subject, however, to the provisions of section ninety-six. Every contract whereby any money is to be paid out of the treasury, for other objects than those specified in the first fourteen subdivisions of this section, shall be null and void as against the city and county, if made before such Surplus Fund exists in the treasury, and unless it be in writing, with a printed copy of sections ninety-five. ninety-six, ninety-seven, and ninety-eight, of this Act attached to it, and in such case, the officer or officers executing the same, in behalf of the city and county, in contravention of this provision, shall alone be liable in his or their indi- vidual capacity, to the other contracting party, for the fulfillment of such contract .- [ Amend- ment April 18, 1857.]
EDWARD BOSQUI & CO., Printers and Engravers, Clay Street, corner of Leidesdorff.
PACIFIC COAST BUSINESS DIRECTORY circulates throughout British Columbia.
C. P. VAN SCHAACK & CO., Nos. 712, 714 and 716, Kearny Street.
CONSOLIDATION ACT. 793
SEC. 96. The demands specified in the first fourteen subdivisions of section ninety-five, shall be paid out of any moneys in the treasury, in preference to any and all other demands whatso- ever ; and in case of any deficiency of funds for the payment of any of the said demands, when presented, then all such demands, being presented and registered by the Treasurer, as in this Act required. shall be paid out of any moneys afterward coming into the said treasury applicable thereto, in the order in which the same are registered.
SEC. 97. The Board of Supervisors, Board of Education, and each and every officer of the said city and county, being absolutely prohibited to.contract any debt or liability, in any form, against the said city and county hereafter, the powers of the Board of Supervisors, enumerated in this Act, so far as the exercise thereof may involve the expenditure of money otherwise than for the objects and demands referred to in the preceding section, shall be deemed to extend only to authorizing the appropriation and application of any surplus moneys remaining in the treasury during any one fiscal year, to the objects specified in such enumeration of powers, after the de- mands mentioned in the first fourteen subdivisions of section ninety-five, due and payable during such fiscal year, shall have been paid, and the several Sinking Funds shall have been provided and reserved for the redemption of said bonds and certificates of stock, to the amount herein- before specified.
SEC. 98. If any expenditures not authorized by this Act, be incurred, they can never be paid out of the treasury, nor shall they be deemed to constitute, or lay the foundation of any claim, demand, or liability, legal, equitable, or otherwise, against the said city and county. If expenditures be incurred, which are authorized by this Act to be paid out of the surplus funds in the treasury, but not for the preferred objects specified in section ninety-six, such expenditures can only be paid ont of such surplus funds and revenues strictly appertaining to the fiscal year in which such expenditures have been ordered, or the contracts therefor entered into, and cannot be carried forward and paid out of any revenues accruing and receivable into the treasury for any subsequent year ; nor shall any demand for, or arising out of, any such expenditure, contract, or consideration, be deemed to be a legal or equitable claim or liability against the said city and county, or the treasury thereof, or the taxable property of tax payers, otherwise than as in this section provided ; and no demand preferred against the said city and county, or the treasury thereof, which is not legally obligatory under the provisions of this Act, can be recognized assumed, or legalized, so as to give it any validity, or authorize the payment thereof.
SEC. 99. [ Repeals former Acts, and provides that all laws and parts of laws defining the powers and duties of Supervisors or Boards of Supervisors, are declared inapplicable to the said City and County of San Francisco, except such as are expressly referred to in, and made applica- ble thereto by the provisions of this Act ; also, all laws and parts of laws, as far as they conflict with the provisions of this Act. The schedule to the Act provides for the organization of San Mateo County, and is therefore omitted. ]
SUPPLEMENTAL XVIII .- An Act to organize and regulate the Justices' Court in the City and County of San Francisco .- Approved March 26, 1868 .*
SECTION 1. There shall be in and for the City and County of San Francisco one Justice's 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 returnable, 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 trial. For the organization of said Court, Justices of the Peace, a Justices' Clerk, and Constables shall be elected or ap- pointed as hereinafter provided.
SEC. 2. There shall be for the City and County of San Francisco five Justices of the Peace, 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 annually appoint one of the Justices of the Peace to be Presiding Justice, who, as such, shall hold office for one year, and until his successor shall be in the same manner 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. *
* See also Act to provide for the dockets of former Justices of the Peace. Statutes 1868, page 276.
E. H. JONES & CO., 116 Sansom Street, Hoop Skirts, Latest Styles.
For Pure California Port, Angelica, Cueamungo and Nativo White Wines, go to M. S. WHITING & CO., 210 Bush St. See next loaf.
REDINGTON, HOSTETTER & CO., Importers of Druggists' Glassware, etc.
794
SAN FRANCISCO DIRECTORY.
SEC. 4. There shall be for said city and county two Constables, to be appointed by the Board of Supervisors, who shall hold office for two years, and until their successors shall be appointed and qualified. ** * * * * *
[Sections 5 to 18, refer to the proceedings in the Court and the mode of conducting the same.]
SEC. 19. The Justices of the Peace, Constables, and Justices' Clerk, 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 similar 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 per annum each.
To each of the Constables while only two are in office, twelve hundred dollars per annum ; and for such time as there shall be three Constables in office and drawing pay, each shall receive at the rate of one thousand dollars per annum. And any Constable keeping a horse, and using the same whenever requisite or necessary for the expeditious discharge of his official duties, (of which fact the Board of Supervisors shall be the exclusive judge) shall be entitled to receive thirty dollars a month in addition to the aforesaid amount ; but this allowance shall not be made to more than two of the Constables for the same time.
[Sections 20 and 21 prescribe who shall practice in said Court.]
SUPPLEMENTAL XIX .- An Act to provide for the Collection of the Taxes on Personal Property in the City and County of San Francisco .- Approved May 9, 1862.
PACIFIC COAST BUSINESS DIRECTORY circulates throughout Oregon.
SECTION 1. On or before the first Monday in June, in each year, the Assessor of the City and County of San Francisco shall deliver to the Clerk of the Board of Supervisors of said city and county, a list, containing the names of all persons, firms, corporations, and associations, who have given in a sworn statement, or whose personal property has been finally assessed, as provided for in section three of An Act to provide Revenue for the support of the Government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, and the acts amend- atory thereof and supplementary thereto, and the amount of the tax on personal property assessed to each of said persons, firms, corporations and associations. Said list shall be certified by the Assessor : provided, however, that the Assessor may, at any time prior to the last Saturday in October, in each year, specially assess any property which shall not be on the regular list, as provided in section eleven of said Act, approved April twenty-ninth, eighteen hundred and fifty-seven. As soon as the Clerk of the Board of Supervisors shall receive said list, he shall give notice of the fact, specifying therein the time of the meeting of the Board of Equalization, for the correction of errors in the assessment of personal property, as provided in section two of this Act, by pub- lication in one or more daily newspapers published in said city, and he shall keep said list open in his office for public inspection.
SEC. 2. The Board of Equalization of said city and county, as constituted by section eight of An Act to provide Revenue for the support of the Government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, shall meet on the first Monday in June, in each year, for the correction of errors in the assessment of personal property, and shall continue in session, from time to time, until such errors brought to their notice shall be corrected : provided, however, that they shall not sit after the third Monday in June. Said Board shall have power to determine such complaints only as shall be made to them upon sworn statements in writing in regard to the assessed value of any property, and may change and correct any such valuation, either by adding thereto, or deducting therefrom, if the sum fixed in the assessment roll is proven to be too small or too great. During the session of the Board, the Assessor may be present, and shall have liberty to make any statement touching questions before the Board. During the session, or as soon as possible after the adjournment of the Board, the Clerk shall enter upon said assessment roll all the changes and corrections made by the Board, and there- upon deliver the assessment roll, so corrected, to the Auditor of said city and county, whose duty it shall be to add up the columns of valuation, and on or before the first Monday in July he shall deliver to the Tax Collector a true copy of the corrected roll, to be styled a "Dupli- cate Assessment List of Personal Property," with the total of taxes to each person, firm, cor- poration, and association, carried out in separate money columns, which said duplicate assess- ment list shall be duly certified by said Auditor .- [Amendment February 27, 1864.]
SEC. 3. The personal property assessment list referred to in section one of this Act, and the copy thereof named in section two of this Act, shall be made in the form and bound in the manner now provided by law.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.