city. The Common Council may require the said street and sidewalks, after such improvements have been made, to be kept in good repair by the owners of said real estate, and if not repaired when ordered, the Marshal shall let out the making of the said repairs, and collect the cost of the same in the same manner as in case of the owner failing to make or to pay for the costs of the improvements as aforesaid. succeed to SEC. 15. The Mayor and Common Council shall succeed to Mayor and all the rights, titles, interests, possessions, credits, and immuni- Council to ties, liabilities, debts, and obligations, in law or in equity, that rights, etc. shall be enjoyed, owed, or in any wise appertain to the said City of San José since its first incorporation, with its rights, incidents, and liabilities. The said Common Council may purchase, hold, and receive property, real and personal, within said city, necessary for public purposes, and may lease the same for a term not exceeding ten years, for the benefit of the city, and for a breach or violation of any city ordinance, said Common Violation of Council may fix the penalty by fine or imprisonment, or by both ordinances. fine and imprisonment; but no such fine shall exceed one hundred dollars, nor such imprisonment be for a term exceeding thirty days for any one offence, or by labor on the streets or property of said city not exceeding sixty days, which labor said Council shall have power and authority to impose on failure to pay the fine. SEC. 16. The City Clerk, before entering upon the duties of City Clerk. his office, shall give a bond in the sum of five thousand dollars, Bond. conditioned for the faithful discharge of the duties of his office, and whose duty it shall be to keep a true and correct record of all the business transacted by the Common Council, to grant certificates of license on the presentation of receipts signed by the City Marshal, stating that the license tax imposed by ordinance on the business of the applicant has been paid to him, and shall keep a true list of all such licenses granted by him, and the amount of moneys received by the Marshal, as shown by such receipts. The City Clerk shall be also ex officio City Duties of Assessor, and shall, between the first day of May and the first Clerk. day of August of each year, make out a true list of all the taxable property within the limits of said city, which list, when so made out and certified by him, shall be placed in the hands of the Common Council for equalization. The mode of making out such list and ascertaining the value of property, shall be the same as prescribed by law for assessing State and county taxes. He shall apportion the taxes upon the assessment, and make out and deliver to the Marshal a tax list in the usual form, as soon as practicable after the Common Council, as a Board of Equalization, has equalized the assessment, and to perform such other duties as may be prescribed by ordinance or required by said Council; and for his services as Clerk and Assessor he shall receive a salary of one thousand dollars a year, payable quarterly. SEC. 17. The City Treasurer, before entering upon the duties Treasurer. of his office, shall give such bonds as may be required of him Bond. by the Common Council. It shall be his duty as City Trearurer Duties. Compen sation. Marshal. Fees. Deputies. Mayor. Duties. Council. Salary of Oath of office. to receive and safely keep all moneys that shall come into his hands as City Treasurer, for all of which he shall give duplicate receipts, one of which said receipts he shall file with the Clerk of the Common Council. He shall pay out said money, by order of the Common Council, on a warrant issued by the Clerk, and countersigned by the Mayor, and to perform such other duties as shall be required of him by said Council; and for his compensation, said Treasurer shall be allowed a commission of three per cent on all moneys paid out by him as such Treasurer from other than the School Fund, and for which School Fund he shall receive no compensation. The Treasurer shall make quarterly settlements with the City Clerk, and file with the Common Council an abstract of the same. SEC. 18. It shall be the duty of the City Marshal, in addition to the duties required of him by the Common Council, and he is hereby authorized, to execute and return all process issued or directed to him by any legal authority; to enforce all ordinances passed by the Common Council, and arrest all persons guilty of a violation of the same; to prosecute before some competent tribunal for all breaches or violations of city ordinances, to collect all the license taxes that shall at any time be due the said city, and to receipt for the same; to receive the tax list, and upon receipt thereof proceed to collect the same, at the same time and in the same manner as is prescribed for the collection of State and county taxes; the said Marshal being hereby vested with the same powers to make collections of taxes by the sale and conveyance of real estate as is or shall be conferred upon Collectors or Sheriffs for the collection of State and county taxes; and it shall be the duty of said Marshal to collect in the same manner any tax list placed in his hands for that purpose, without any unnecessary delay, and pay all tax and license money collected by him to the Treasurer on the first Monday of each month, taking his receipt therefor, retaining his per centage therefor, which shall not exceed two and one half per cent upon the amount collected. He may also, with the consent of the Council, appoint one or more Deputies. SEC. 19. It shall be the duty of the Mayor to sign all warrants ordered to be issued by the Common Council; he shall also hear and report to the Common Council all complaints preferred against any city officer for violation or neglect of duty, who, if they find the complaint to be true, shall have power to declare the office of the person so complained of vacant, and to fill the same by appointment. SEC. 20. The members of the Common Council shall receive no compensation for their services, neither shall they, or either of them, be interested, directly, or indirectly, during their term of office, in any contract, sale, lease, or agreement, with the city, or to which the city is a party. And no further allowance shall be made to any city officer for any services whatever than is provided for in this Act. The Mayor shall receive such a salary as the Common Council may determine, the same not to exceed the sum of five hundred dollars per year. SEC. 21. All city officers, whether elected by the people or by the Common Council, shall, before entering upon the duties of their office, take and subscribe the oath of office prescribed by law. The Marshall, the Treasurer, and Clerk, shall each, Bonds of before entering upon the duties of his office, give a bond, with officers. sureties, to be approved by the Mayor, payable to the Mayor and Common Council of the City of San José, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of his office as required by law and the ordinances and regulations passed and approved by the Mayor and Common Council of the said City of San José. Should the bond of any city officer become insufficient, he shall give such additional security as the Common Council may require, and upon his failure to do so at the time required, his office shall be declared vacant, and a new election ordered, or the vacancy be filled by appointment, as hereinbefore provided. SEC. 22. The official bond of every officer named in this Act, Filing of except the bond of the Clerk, shall be filed in the office of the bonds. City Clerk. The official bond of the Clerk shall be filed with the City Treasurer. SEC. 23. The Common Council, or a committee of their Board of number appointed for that purpose, shall constitute a Board of Equalization Equalization, and shall, as soon as the Assessor shall have completed and handed in his assessment, and after ten days notice, hold their meetings to hear and determine all complaints respecting the valuation of property as fixed by the Assessor, and shall have power to modify and change such valuation in any way they or a majority of them shall deem just and proper. Said meetings shall be held daily for two weeks, and no longer. SEC. 24. No bill, demand, or warrant, shall be paid out of Payment of the City Treasury unless it be allowed by the Common Council, warrants, etc signed by the Mayor, and countersigned by the Clerk, and shall specify out of what Fund or appropriation the same shall be paid. The provisions of this section shall not in anywise apply to moneys in the Treasury properly belonging to the School Fund of the city. SEC. 25. The Common Council shall raise, annually, by taxa- Taxes. tion upon the real and personal property within said city, as estimated in the last preceding assessment roll, such tax as may be necessary for the support and maintenance of the Common Schools of the city. They may also, in like manner, raise a tax for the use and support of the Fire Deprrtment of the city, a sum not to exceed one tenth of one per cent. SEC. 26. The taxes and licenses herein authorized to be col- Collection. lected shall be collected in the legal currency of the State for like purposes, and, except the tax for the support of the Fire Department and Common Schools, shall be appropriated as follows: First-An amount sufficient to pay the annual and semi-annual Appropriainterest on the funded debt of said city shall be set apart and tion of taxes. appropriated from the first moneys coming into the Treasury. Also, the sum of four thousand dollars ($4,000) as a Sinking Fund for the payment of the debts of the city. Second-For the payment of the current expenses of the city, to be called the General Fund. Third-The balance remaining unexpended in the City Trea sury at the end of the fiscal year, as fixed by the Common Council, shall be appropriated as a Sinking Fund for the payment of Powers of Special Letings of Vacancies. Collection of taxes. Superintendent of Schools. the funded debts of the city, in accordance with such laws now in force or that may hereafter be enacted concerning the same. SEC. 27. Justices of the Peace for San José Township are hereby declared competent to discharge all the duties of Police Justice for the City of San José; and all fines imposed by such Justices for any breach of the peace within the limits of the city, or for any violation of city ordinances, shall be paid into the City Treasury, and the same shall constitute a special Fund, to be called the "Police Fund," and shall or may be appropriated by the Common Council for the payment of the fees of the Justice and Marshal. And it is hereby expressly provided that no demand shall be allowed or warrant drawn on any other than the "Police Fund" for the payment of the fees of the Justice and Marshal. And no account shall be audited or allowed from said Fund to any Justice who shall have presented any claim to the Board of Supervisors of Santa Clara County for fees in criminal cases, where the crime shall have been committed within the corporate limits of the City of San José. SEC. 28. The Mayor, whenever he shall deem the same nccessary, may call special meetings of the Common Council; and all meetings of the Council and the offices of Marshal and Clerk shall be in the City Hall. SEC. 29. Should any of the officers herein mentioned fail to qualify and file the bond required, for the period of ten days after their election, the office shall be deemed vacant, and the same shall be filled as provided for in section seven of this Act. SEC. 30. The Common Council of said city may, from time to time, by ordinance, provide for the collection, by civil action or otherwise, of all taxes levied or assessed by them or under their authority for city purposes that have or may hereafter become delinquent; and in case such taxes be collected by civil action, the Courts of Justice shall have the same jurisdiction, and the summons and other process of said Courts shall be issued, served, and returned, in the same manner as is or may be provided by law in case of the collection of delinquent taxes levied for State purposes; and all sales and conveyances of property made and executed for the non-payment of such delinquent taxes shall have the same force and effect as when made and executed for the non-payment of delinquent taxes levied for State purposes. SEC. 31. At any of the regular or special meetings of the Common Council, if the Mayor be absent, the members of the Council shall choose one of their number to preside at such meeting, and all proceedings had at such meeting shall be as valid as if presided over by the Mayor. SEC. 32. At the general election, held on the second Monday of April in each year, there shall be elected a City Superintendent of Common Schools, whose duties and compensation shall be prescribed by ordinance of the Common Council. If a vacancy in said office shall occur in the course of the year, the same shall be filled by the Common Council. SEC. 33. This Act shall take effect and be in force from and after the second Monday in April, in the year one thousand eight hundred and sixty-three, except so much thereof as relates to the election of municipal officers provided for in this Act, which shall take effect and be in force from and after its passage. CHAP. LXX.-An Act to amend an Act entitled an Act concerning Crimes and Punishments, passed April sixteenth, eighteen hundred and fifty. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section fourteen of said Act is hereby amended so as to read as follows: Section 14. No Indian, or person having one half or more of who not to Indian blood, or Mongolian, or Chinese, shall be permitted to testify. give evidence in favor or against any white person. CHAP. LXXI.-An Act to amend an Act entitled an Act to authorize the Commissioners of the Funded Debt of the City of San Francisco to compromise and settle certain claims to Real Estate, and to convey such Real Estate pursuant thereto, approved April fourteenth, eighteen hundred and sixty-two. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act is hereby amended so as to read as follows: sioners are delayed. Section 7. This Act shall take effect immediately, and the If Commissaid Commissioners of the Funded Debt shall execute the same within two years from the date of its passage; provided, however, that if they are hindered or delayed in the execution of any proceeding by any process of law, the time during which they are so hindered or delayed shall not be taken to be a part of such period of two years, so far as that proceeding is concerned. SEC. 2. All Acts and parts of Acts inconsistent herewith are hereby repealed. SEC. 3. This Act shall take effect immediately. |