SECT. 17. All city officers, before entering upon the duties of their office, shall take the oath of office; the marshall, attorney, assessor and treasurer shall also give bonds, with sureties, to be approved by the mayor, payable to the corporation by its corporate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their office; and the like bond may be required of any officer whose office may be created by ordinance. Should the bond of any city officer become insufficient, he may be required to give additional bond, and upon his failure so to do, his office shall be deemed vacant.

SECT. 18. If any person elected to any city office shaff remove from the city, absent himself therefrom for more than thirty days without leave from the common council, or shall fail to qualify within ten days after the day of election, his office shall be deemed

vacant.

SECT. 19. The mayor, recorder, board of aldermen and board of assistant aldermen, shall be qualified within three days after their election, and shall enter upon the discharge of their duties; all other officers elected under this act shall qualify within ten days after the day of election. All officers required to be elected under this act shall hold their office for one year, or until their successors are duly qualified.

SECT. 20. It shall be the duty of the common council to define the duties of the comptroller, street commissioner, collectors and all other officers whose duties are not herein defined.

ARTICLE III.

Of the powers of the Common Council.

SECT. 1. The mayor and common council shall have power within the city,

1st. To make by-laws and ordinances not repugnant to the constitution and laws of the United States or of this state.

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2nd. To levy and collect taxes not exceeding one per centum per annum, upon all property made taxable by law for state purposes.

3rd. To borrow money and to pledge the faith of the city therefor: Provided, The aggregate amount of the debts of the city shall never exceed its annual estimated revenue.

4th. To make regulations to prevent the introduction of contagious and other diseases into the city.

5th. To establish hospitals and make regulations for the government of the same, and to secure the general health of the inhabitants.

6th. To prevent and remove nuisances.

7th. Te erect water works either within or beyond the limits of the corporation, and provide the city with water,

8th. To provide for licensing any or all business not prohibited by law.

9th. To provide for the erection of all public buildings for the use of the city.

10th. To establish, erect and keep in repair bridges, culverts and sewers, and all other useful improvements, and regulate the use of the same.

11th. To provide for lighting the streets, and erecting lamps

thereon.

12th. To license, tax and regulate auctioneers, grocers, merchants, retailers, and taverns, to be proportioned to the amount of business done by each person, and to license, tax, regulate and suppress ordinaries, hawkers, pedlars, brokers, pawnbrokers and money changers.

13th. To license and regulate porters and fix the rates of porterage.

14th. To license, tax and regulate hackney carriages, wagons, carts, drays and omnibuses, and fix the rates to be charged for the carriage of persons, and the wagonage, cartage and drayage of property..

15th. To license, tax, regulate and restrain bar-rooms, theatrical and other exhibitions, shows and amusements.

16th. To license, tax, restrain, prohibit and suppress billiard tables, tipling houses, dram shops, gaming and gambling houses, and to suppress bawdy houses.

17th. To erect market houses, establish markets and market places, and to provide for the government and regulation thereof. 18th. To provide for the prevention and extinguishment of fires, and to organize and establish fire companies.

19th. To regulate and prevent the carrying on of manufactures dangerous in causing and producing fires; to appoint fire wardens and property guards, and to compel any person or persons present to aid in extinguishing such fires, or in the preservation of property exposed to danger in time of fire; and by ordinance to prescribe such other powers and duties as may be necessary on such occasions.

20th. To regulate the weight, quality and price of bread to be sold within the city.

21st. To provide for the appointment of all necessary officers, servants and agents of the corporation, not otherwise provided for.

22nd. To establish and fix the salaries of the mayor and all other city officers, fix a tariff of fees for the officers entitled to such, designating the fee which shall be allowed for each particular item of service, and cause the same to be published in like manner with the ordinances passed by the common council.

23rd. To establish and regulate a police.

24th. To impose fines, forfeitures and penalties for the breach of any ordinance.

25th. To erect a work-house or house of correction, and provide for the regulation and government thereof.

26th. To remove all obstructions from the sidewalks, and to provide for the construction, repair and cleaning of the same and of the gutters.

27th. To establish, support and regulate night watch and patrols.

28th. To erect, repair and regulate public wharves and docks; to regulate the erection and repairs of private wharves, and to fix the rates of wharfage thereat.

29th. To appropriate money for any city item of expenditure, and to provide for the payment of the debts and expenses of the city.

30th. To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, clean and keep in repair streets and alleys; but no private property shall be taken without just compensation, as herinafter provided for.

31st. To regulate the storage of gunpowder, tar, pitch, rosin and all other combustible materials, and the use of candles and lights in shops, stables and other places; to prevent or remove any fireplace, stove, chimney, oven, boiler, or other apparatus which may be dangerous in causing or promoting fires.

32nd. To regulate and prescribe the manner of building partition walls and fences.

83rd. To impose and appropriate fines, forfeitures and penalties for the breach of any ordinance, and to provide for the punishment of breaches of the city ordinances: but no fine shall be imposed of more than five hundred dollars, and no offender shall be imprisoned for a longer term than ten days.

34th. To prevent and restrain any riot, noise, disorderly assemblages in any street, house or place in the city.

SECT. 2. Every ordina which shall have been passed by the common council shall, before it becomes effective, be presented to the mayor for his approbation; if he approves, he shall sign it; if not, he shall return it with his objections, in writing, to the common council, who shall cause the same to be entered upon its journals, and shall proceed to reconsider the same; if, after such reconsideration, two-thirds of all the members of each board of the common council elect shall agree to pass the same, it shall become an ordinance. In all such cases the vote shall be taken by yeas and nays, and the names of the members voting for and

against the same shall be entered on the journal. If any ordinance shall not be returned by the mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become effective as if the mayor had signed it.

SECT. 3. All accounts and demands against said city shall be audited and paid in manner to be provided by the common council, and no money shall be drawn from the city treasury unless upon the certificate of the president by order of the council. The certificate shall be drawn upon the treasurer of the city, and shall specify the fund out of which the same is payable. The treasurer shall pay the same out of any money in his hands belonging to said fund.

SECT. 4. The style of the city ordinances shall be as follows: "The People of the city of San Francisco do ordain as follows." The president of the board of aldermen shall exercise the duties and receive the compensation of mayor whenever and so long as, from any cause, said office of mayor shall be vacant or the mayor be absent from the city.

ARTICLE IV.

Of laying out, changing and improving streets.

SECT. 1. Whenever it becomes necessary for the corporation to take private property for the purpose of laying out or altering streets or alleys, and the common council cannot agree with the owner thereof as to the price to be paid, the council may direct proceedings to be taken to ascertain the value of such property.

SECT. 2. To determine such valuc, a petition in the name of the corporation, shall be presented to the county court at a regular term, particularly describing the property and praying the appointment of commissioners to ascertain its value. If the owner is a resident of the county he shall have personal notice of the application, and of the time at which it will be presented. If he be a non-resident of the county the notice shall be given by publication, for at least one month in some daily newspaper