said real estate may be redeemed as in the other cases of sale under execution. All sales of real estate for delinquent taxes, as in this charter provided, by virtue of any execution issued by the Mayor or Justice of the Peace, shall be made by the City Marshal, and in front of the Council chamber, and upon such notice as is required by law; and he shall execute and deliver a certificate of sale to the purchaser; and when the time of redemption has expired, if the property be unredeemed, he shall execute and deliver a deed, for the premises so sold, to the purchaser or his assigns.

SEC. 41. The City Attorney shall receive, as fees, ten per city Attorcent. on the amount of the taxes due, if paid after delinquency, ney's fees. and before such suit is brought, and fifteen per cent. if paid after suit is brought, which shall be added to the amount of taxes due; and in all cases after delinquency, five per cent. shall be added to the amount of taxes due, for the benefit of the city, and said fees shall be taxed up as costs. All officers shall perform such service as may be required of them under this Act, without payment of fees in advance; and all costs shall be taxed and entered in the judgment against the person or property, where the judgment is in favor of the plaintiff; provided, no costs shall be paid to any officer, unless the same Proviso. be collected of the defendant or from the property.

SEC. 42. It shall be the duty of the City Attorney, as soon city as any delinquent tax has been paid, to enter the same on the Attorney. delinquent tax list, and the time of payment opposite the name of the person or property so paying, and he shall, within one month, pay over the same to the City Treasurer, and take his receipt therefor; and on the last Saturday before the first Monday of March, he shall make a final settlement, or sooner, if required by the City Council, and he shall then make affidavit that he has paid to the City Treasurer all the moneys collected by him, and that all that have paid to him taxes, as well as those from whom taxes have been collected subsequent to the time the delinquent list has been given to him, are marked "paid," on the delinquent assessment roll.

SEC. 43. If the City Attorney shall fail to make a final settlement, as above provided, for the space of ten days, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined, in any sum not more than five hundred dollars, or by imprisonment, not more than six months, or by both such fine and imprisonment, and his office shall thereupon become

vacant.

Same.

SEC. 44. The City Council may require of the City Attorney, Bond. as well as of all the officers of trust, a good and sufficient bond, for the faithful discharge of all the duties imposed by law or ordinance, and each and all officers who fail or neglect to perform all the duties imposed upon them, shall be liable upon their official bond, to the city, or to any party aggrieved. SEC. 45. The Mayor elected under this charter shall, before entering upon the duties of his office, execute an official bond, payable to the city, in such sum as the Council may direct, for the faithful discharge of his official duties, which bond shall be subject to the approval of the Council, and be deposited with the Clerk. He shall communicate to the Council, semi-annu

Mayor.

Bond.

Duties.

ally, or oftener, if necessary, a general statement of the situation and condition of the city, together with such recommendations relative thereto as he may deem expedient; he shall be vigilant and active in causing the ordinances of the city to be executed and enforced, and he shall be the head of the Police, and shall exercise a supervision and control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them, for violation or neglect of duty, and certify the same to the Council. He shall sign all ordinances and contracts made in behalf of the city, and countersign all licenses and warrants on the Treasury, and have jurisdiction of all violations of the city ordinances, and shall have, within the limits of the city, like jurisdiction as is conferred on Justices of the Peace. He shall have Powers and power to administer oaths and affirmations, and shall act as jurisdiction. City Attorney until the next election-after which he may be appointed City Attorney, by the Council.

Treasurer.

Marshal.

Bonds of officers.

Fines, etc.

SEC. 46. The Treasurer shall receive, and pay out, all moneys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed by ordinance; he shall make a monthly statement to the Council, of the receipts and expenditures of the preceding month, and keep all the papers and documents belonging to the city, attend the meetings of the Council, and keep a journal of their proceedings, and a record of all their ordinances, and shall do all other things required of him by ordinances.

SEC. 47. The Marshal shall execute, within the city, and return, all processes issued and directed to him by the Justice or Mayor, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Council, and take them before the Mayor, or any other legal authority within the city; he shall pay over all moneys into the City Treasury, received in pursuance of the ordinances of the Council; and shall attend the meetings of the Council; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordinance.

SEC. 48. The officers or persons to whom the receipts or expenditure of the moneys or funds of the city shall be entrusted, shall give security in such amount as the Council may require, payable to the city, and subject to the approval of the Mayor; such bond or bonds shall be subject to the provisions of the law concerning the official bonds of officers. In case such security becomes insufficient, additional security may be required, and if not given, the Council, by a vote of two thirds of the members, may declare the office vacant, and order a new election.

SEC. 49. All fines and other moneys received by any officer or person, under this charter, or collected under ordinance of the Council, shall be paid over, every month, by such officer or person, unto the City Treasurer, under oath; and no officer shall be entitled to receive compensation for any services rendered, until he file his affidavit with the Mayor, that he has faithfully accounted for, and paid over, all moneys received by him, and for which he is bound to account.

SEC. 50. The corporation created by this Act shall succeed to all the legal and equitable rights, claims, and privileges, and

shall be subject to all the equal or equitable liabilities and obli- Rights of gations, made bona fide, of the Town and City of Oakland. corporation And the City Council shall have full power to maintain suits in proper Courts to recover any right or interest to property which may have accrued to the Town and City of Oakland.

property.

SEC. 51. All sales or leases of property, belonging to the City Sales or of Oakland, shall be by public auction, to the highest bidder, leases of and upon such terms and conditions as the Council may, by ordinance, direct; and all contracts for work, or supplies of any kind, for more than fifty dollars, shall be let to the lowest responsible bidder, after ten days notice given, by posting the same in three of the most public places in the city, or by publishing the same in any newspaper that may be established in said city or county.

SEC. 52. Licenses shall be discriminating, and proportionate to the amount of business.

SEC. 53. The style of the city ordinance shall be as follows: Style of "The Council of the City of Oakland do ordain as follows." ordinances. All ordinances shall be published, by written advertisements posted up at the Mayor's office, and at three other public places in the city, or in a newspaper published in the city.

not to be

SEC. 54. No executive officer, nor member of the City Coun- Officers cil, nor any officer of the corporation, shall be directly, or in- interested directly, interested, nor shall he be security for any person who in contracts. may be so interested, in any contract, work, or business, or the sale of any thing whatever, the expense, price, or consideration of which is payable from the City Treasury, or by assessment levied under an ordinance of the City Council.

SEC. 55. For all services rendered by the Mayor, he shall Mayor. not receive any salary for the first year, but he shall be entitled to the same fees and emoluments for his acts as Justice of the Peace as are by law allowed to Justices of the Peace for similar services; and the City Marshal shall be entitled to the same Marshal. fees as are by law allowed to Constables for similar services, and for all duties required of him except as herein otherwise provided for.

SEC. 56. If any officer, under this Act, or member of the Vacancies. City Council, shall remove from the city, or absent himself therefrom, for more than thirty days, or shall fail to qualify by taking the oath of office, as prescribed by law, or to file his official bond, whenever such bond is required, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the City Council shall thereupon fill the vacancy.

Council.

SEC. 57. The City Council shall, when they may deem the Powers of same necessary, establish, by ordinance, a general plan of streets, for any or all portions of the city not laid out into streets, and after such general plan shall have been so established, any improvements which may have been made, or erected, within the lines of any street contemplated by said plan, shall not be included in any assessment of damages which may be made when the city proceeds to open said streets. Applications for opening any street or streets, embraced in the plan adopted by the city, shall be made to the Council, by petition, in writing,

Powers of

Council.

Acts repealed.

designating the street, or part thereof, so to be opened, and the Council shall, if they deem the public convenience requires the same to be opened, direct the Marshal to give written notice to the owners and occupants of the land embraced in the street so to be opened, stating the substance of said petition, and requiring them to appear before said Council at a time mentioned in said notice, not less than twenty days from the serving thereof, and make their objections, if they have any, to the opening of said street. At the time appointed for said hearing, if no objections have been made by the parties who have been served with said notices, and no damages are claimed, the Council may direct the Marshal to open said street, in accordance with the prayer of said petition, or so much thereof as the Council may deem expedient. If said owners appear at the time appointed, and object to the opening of said street, or claim damages therefor, the Council shall hear said objections, and if, after hearing the same, it shall decide to open said street, it shall thereupon appoint three disinterested persons, real estate owners, in said city, as Commissioners, who shall proceed, after having taken an oath to discharge their duties faithfully, to ascertain, as near as they can, the amount of said damages, and report the same to the Council; provided, that persons petitioning for the opening of any street shall not be entitled to any damages; said damages shall be estimated both with reference to the value of the land to be taken, and also to any advantage resulting to the owner thereof, from the opening of said street, whereupon the Council, upon payment of said damages, may direct the Marshal to open said street, in accordance with the prayer of said petition. Parties aggrieved by the action of the Council respecting the amount of damages allowed them, shall have the right to appeal to the County Court, where the question of damages shall be heard anew, and determined, and any cause so removed into the County Court, shall be subject to the same rules of procedure as if the same had been originally commenced by summons at the suit of the city therein, and with the same right of appeal to either party. All streets that have been laid out by the authorities of the Town or City of Oakland, and declared to be public thoroughfares, or streets, and that have been used as such, shall be, and are hereby declared, public streets, in the extent to which the same may have been used; provided, that private rights of property shall not be affected thereby.

SEC. 58. An Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and also an Act to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fifteenth, eighteen hundred and sixtyone, and also an Act amendatory of and supplementary to an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fourteenth, eighteen hundred and sixty-one, and also all other Acts in conflict with the provisions of this charter, are hereby repealed; provided, that the validity of the ordinances or proceedings of the Trustees of the Town of Oakland, and of

the authorities of the City of Oakland, shall in no wise be affected thereby.

SEC. 59. This Act shall take effect from and after its passage; but no part thereof shall be so construed as to alter the terms of office to which the present officers of the city were elected at the last charter election, March third, eighteen hundred and sixty-two.

CHAP. CCXCV.-An Act concerning Roads and Highways in the
County of Placer.

[Approved April 24, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. From and after the first day of December, A. D. Road taxes. eighteen hundred and sixty, the Tax Collector, or Collectors, of the County of Placer, shall collect the road tax in said county. The Road Tax Collector, or Collectors, in said county, shall have Collection of and exercise the same powers in enforcing the collection of said taxes, as are by law conferred in the collection of the foreign miners' tax, and shall receive the same per centage therefor.

SEC. 2. Said Collectors shall pay over such moneys as they Collectors. may receive, under the provisions of this Act, less the per centage allowed them for collection, to the County Treasurer of said county, at the same time and in the same manner as is provided by law for the payment of moneys collected by them for poll, license, and other taxes, in said county.

SEC. 3. All moneys collected under the provisions of this Road DisAct, shall be a separate Road Fund for each Collection District trict Funds. in which moneys have been collected, and shall be applied for the purpose of constructing, and keeping in repair, all public roads, trails, and bridges, in said District; provided, that such moneys as may not be expended for the construction and necessary repairs of public highways and bridges in said Districts, shall be reserved as a fund for the purchase of toll roads, toll trails, and toll bridges, in said Districts, or two or more of said Districts, which may be joined together for the purpose of purchasing such roads, trails, or bridges.

SEC. 4. There shall be elected, in each Road or Collection CommisDistrict within said county, at the same time and in the same sioner. manner as Justices of the Peace are now elected, one Road Commissioner, who shall hold his office for the term of one year, from the first day of December, A. D. eighteen hundred and sixty-two, and shall be elected annually thereafter. Said Commissioner shall, within twenty days after being duly notified of his election by the County Clerk of said county, qualify in the same manner as other township officers, and shall file a bond in the Clerk's office of said county, in such sum, not to exceed five thousand dollars, as may be required by the County Judge, with two or more good and sufficient sureties, to be approved by the County Judge.