may grant, purchaso, hold, and receive property, real and personal, within said city; may lease, sell and dispose of the same for the benefit of the city; may purchase, hold and receive property, real and personal, beyond the limits of the city, to be used for burial purposes, also for the establishment of a hospital for the reception of persons infected with contagious or other diseases; also for a work house or house of correction; also for the erection of water-works to supply the city with water; and may sell, lease or dispose of the same for the benefit of the city; and they shall have and use a common seal, and may alter or break the same and make a new seal at pleasure.

SECT. 3. The city of San Francisco shall be divided into eight wards, which shall not be altered, increased or diminished in number except by action of the legislature, so that each ward shall contain as near as may be, the same number of white male inhabitants. The first council elected under this charter shall divide the city into wards and fix the boundaries thereof in accordance with this section.

ARTICLE II.

Of the government of the City, and the election and duty of

Officers.

SECT. 1. For the government of the city there shall be elected a mayor, recorder, and a board of aldermen and a board of assistant aldermen, which two boards shall be styled the common council, and each board shall consist of one member from each ward. There shall also be elected by the city a treasurer, comptroller, street commissioner, collector of city taxes, city marshal and city attorney, and by each ward two assessors. No person shall be eligible to any of said offices, nor to any other office which may be established by ordinance, nor shall any person be entitled to vote for the same who shall not be a qualified elector according to the constitution and laws of this state, and who shall not have resided in the city, and in the ward or district for which he shall

CST

be elected or shall offer to vote, for thirty days next preceding the election.

SECT. 2. The two boards elected under this act shall assemble within five days after their election and be qualified, and each board shall appoint from its own body a presiding officer, and shall choose its own clerk and other officers. In case of the absence of a president they may elect a president pro tempore, who shall have all the powers and perform all the duties of president; they shall by ordinance fix the times and places of holding their stated meetings, and may be convened by the mayor at any time; a majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as they may previously by ordinance have prescribed; they shall judge of the qualifications, elections and returns of their own members and the other officers elected under this act; they may determine contested elections; they may determine rules for their own proccedings, punish any member or other person for disorderly conduct in their presence, and with the concurrence of two-thirds of their number expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and at the desire of any member shall cause the yeas and nays to be taken and entered on any question, and their proceedings shall be public.

SECT. 3. All vacancies that occur shall be filled by election in such manner as shall be prescribed by ordinance.

SECT. 4. The general election for all the officers of the corporation, required to be elected by this act, or any ordinance of the city, shall be held on the fourth Monday in April, in each year. Provided, That the first clection to be held under this charter shall take place at such time and place as the county clerk elect may direct, a notice of ten days being first given by him. Immediately upon the passage of this act the governor shall cause a certified copy thereof to be transmitted to the said county clerk

elect of the county of San Francisco, who shall thereupon without delay give the said required notice of ten days, and shall designate the place of holding the said election and appoint inspectors. The returns of such election shall be made to the said county clerk elect, who shall declare the result, and give certificates of election to the persons chosen to the several offices. At the first élection eight aldermen and eight assistant aldermen and eight assessors only shall be chosen by the city at large, and the qualifications required by section 1, of this article, as to residence in any ward or district shall not be deemed to apply. The officers chosen shall hold office until the fourth Monday of April next, and until their successors are elected and qualified.

SECT. 5. At all elections for city officers the voters shall vote by ballot, and only in the wards where they respectively reside. SECT. 6. It shall be the duty of the common council to order all elections, to designate the places of holding the same, to give at least ten days notice thereof, and appoint inspectors of clection at cach place of voting. The election shall be conducted according to the provisions of the act to regulate elections. If any inspector shall fail to attend, the electors present may appoint another in his stead. The returns of all elections shall be made to the common council, who shall publicly examine and declare the result thereof, and give certificates of election to persons chosen.

SECT. 7. The persons who shall have received a plurality of votes shall be declared duly elected, and the inspectors of election may also give certificates of election until the common council shall have examined the returns and declared the result according to the preceding section.

SECT. 8. No election shall be held in any grog shop or other place where intoxicating liquors are vended.

SECT. 9. All elections for city officers shall continue but one day, and during that day, from sunrise until sunset, the polls shall not be closed under any pretext whatever.

SECT. 10. It shall be the duty of the mayor to communicate to the common council at least once in each year, and oftener if he shall deem it expedient, a general statement of the situation and condition of the city in relation to its government, finances and improvements; to recommend to the common council the adoption of all such measures connected with the police, security, public health, cleanliness and ornament of the city, and the improvement of the government and finances as he shall deem expedient; to be vigilant and active in causing the laws and ordinances of the city government to be duly executed and enforced; to exercise a constant supervision and control over the condition and acts of all subordinate officers; to 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 common council, who shall act upon the same, and if they find the complaint to be true, shall have power to declare the office of the person so complained against to be vacant, and the same shall be filled as hereinafter mentioned. And the mayor shall generally perform all such duties as may be prescribed to him by the charter and city ordinances, and the laws of this state and the United States.

SECT. 11. The recorder, as to the offences committed within the city, shall have the like jurisdiction as is or may be conferred on justices of the peace, and shall have the same power as a justice of the peace to examine and commit persons brought before him and charged with the commission of offences within the limits of the city; to take recognizances, to appear and to keep the peace, and to issue all such writs and process as a justice of the peace may lawfully do, subject to all the rules governing justices of the peace.

SECT. 12. The recorder shall also have jurisdiction over all violations of the city ordinances, and may, according to the provision of such ordinances, hold to bail, finc, or commit to prison porsons found guilty of any violation thereof.

SECT. 13. It shall be the duty of the city marshal, in addition

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to the duties prescribed to him by the common council, to execute and return all process issued by the recorder or directed to him by any legal authority, and to attend upon the recorder's court regularly; he may appoint one or more deputies, who shall possess the same power and authority as the marshal; he shall arrest all persons guilty of the breach of the peace and of violation of the city ordinancos, and bring them before the recorder for trial, and he shall possess superintending control over the city police.

SECT. 14. It shall be the duty of the assessors, in addition to the duties that may be prescribed to them by the common council, to make out, within such time as the common council shall order, a correct list of all the property taxable by law within the limits of said city with the valuation thereof; which list, certified by thom, shall be returned to the common council. The mode of making out said list and of ascertaining the value of property and of collecting all taxes, shall be the same as that prescribed by the law for assessing and collecting the state tax.

SECT. 15. It shall be the duty of the city attorney to attend to all suits, matters and things in which the city may be legally interested; to give his advice or opinion in writing, whenever required by the mayor or common council, and to do and perform all such things touching his office as, by the common council, may be required of him.

SECT. 16. It shall be the duty of the treasurer to receive all moneys that shall come to said city, either by taxation or otherwisc, and to pay the same out under such restrictions and regulations, as the common council shall by ordinance direct, and to do and perform all such other acts as shall be prescribed to him by the common council. He shall, on the first day of January, April, July and October of each year, make out and present to the mayor, a full and complete statement of the receipts and expenditures of the preceding three months, which statement the mayor shall cause to be published in the manner to be prescribed by ordinance.