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jury or mutilation to the bond; said coupon shall be signed by the Treasurer; provided, the Treasurer can procure said bonds with couFurther proviso. pons attached, for a sum not to exceed three hundred dollars; provided, further, that if the Treasurer cannot procure bonds with coupons attached for the sum specified in this section, then he shall procure such bonds as the County Board of Supervisors may direct, the same not to cost more than two hundred and fifty dollars; and whenever any interest shall be paid upon a bond issued without coupons under the provisions of this Act, the Treasurer shall endorse the same upon the bond, and shall demand and receive from the person drawing the interest, a receipt for the amount, which receipt shall be filed and shall be a proper voucher for Expense in pro- said Treasurer; all expenses incurred by the Treasurer, in procuring bonds, with or without coupons attached, shall be audited and paid in the same manner as is provided for the purchase and payment of books of Record, in the sixth section of this Act.
Additional special tax.
Name of same
to be loaned.
Sum set aside.
SEC. 8. In addition to the ordinary taxes for general county purposes, there shall, this year, and every year thereafter, until the principal and interest of the said bonds to be issued shall be fully provided for, by payment or otherwise, as hereinafter provided, be assessed and collected at the same time, in the same manner and by the same officers as the ordinary revenues of the County; a special tax of thirty-five cents on each one hundred dollars' valuation of all taxable property in said County; said special tax shall be called the "Interest Tax" of San Diego County, and be collected and paid over into the County Treasury in the legal currency of the United States; The fund to be derived from this interest tax, shall not be loaned in whole or in part to any fund, nor shall any moneys be paid out of this, except as herein provided for, provided, however, that should said fund furnish a surplus over and above what may be required for the payment of the interest each year, such surplus shall be turned over and paid into the sinking fund hereinafter provided for.
SEC. 9. Of the moneys received by the County Treasurer, arising out of all taxes, general and special, annually assessed and collected for County purposes, there shall be first set apart by said Treasurer, a sum, each year, equal to total amount of the assessment of thirty-five cents on each one hundred dollars of taxable property as herein provided for, to constitute the interest fund of each year, and no moneys shall be paid directly or indirectly out of the County Treasury until such amount aforesaid be set apart.
SEC. 10. The Board of Supervisors of the said County of San Diego, shall not have power to make any order which shall prevent or hinder the prompt collection in gold or silver coin, of the interest tax aforesaid, and the prompt separation of the amount of said tax out of the first moneys received as provided for in section nine of this Act, or otherwise contravene the provisions of this Act.
SEC. 11. There shall also be levied and collected in said County, this year, and every year thereafter, until the principal and interest of the said bonds to be issued shall be fully provided for, by payment or otherwise for the purposes of this Act, a poll tax of one dollar, said poll tax to be levied upon all persons, not by law exempt from such tax, and shall be levied and collected at the time and in the manner provided by law for the levying and collecting poll tax for State purposes; said poll tax levied and collected as herein provided, to be paid into the County Treasury, and turned over to the sinking fund hereinafter provided for. SEC. 12. It shall be the duty of the Treasurer of the County of San
Diego to set apart a fund to be called the "sinking fund of San Diego To be paid County," into this fund shall be paid; First. Any and all surplus of First. the interest tax after providing for the payment of the yearly interest. Second. Whatever surplus may remain in the County Treasury at the Second. expiration of each fiscal year. Third. The whole amount of the poll Third. tax levied and collected under the provisions of section eleven of this Act; each of these payments shall be continued until the said sinking fund shall be sufficient for the payment of the principal and interest of the bonds aforesaid, and when the same shall be paid and liquidated the Surplus. payment shall cease, and all surplus remaining in said sinking fund, shall be paid into the Common Treasury of said County.
SEC. 13. Whenever at any time there shall be in the sinking fund, Redemption the sum of five hundred dollars, or more, the County Treasurer shall advertise, in a public newspaper published in the county, or give notice by posting in three public places in said County for the space of two weeks for proposals for the redemption of said bonds; said advertisement Advertisement. or notice to specify the day, hour and place said sealed proposals are to be opened; after the expiration of the time the Treasurer shall open the sealed proposals at his office, in presence of the County Judge, and such persons as may choose to be present, and shall pay and liquidate the bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, that the same shall not be for more than par Proviso. value, and, provided, that should there be no proposals for less than par value, then the payment shall be made pro rata, on all bonds offered at par, and, provided, that whenever there shall be sufficient moneys in the Proviso. Finking fund for the extinguishment of all the outstanding bonds, and interest due thereon, of the said County, it shall be the duty of the Treasurer, to advertise in some newspaper published in that County, or by posting in three public places within the County for the space of four weeks, for the redemption of the outstanding bonds as hereafter provided, after which time suid bonds shall cease to bear interest.
SEC. 14. The County Treasurer shall endorse upon each bond re- Endorsement. deemed, the date of redemption and from whom redeemed, and the
County Judge and County Auditor shall attend at the office of the Treas- Duty of Auditor urer, whenever such bonds shall be redeemed as hereinafter provided and Judge. for, and see that the said bonds are duly cancelled; full and particular account of the sinking fund shall be kept by the said Treasurer, and shall at all times be opened to the inspection of the County Judge and Auditor, Board of Supervisors and Grand Jury of said County, and the said Treasurer shall furnish the Board of Supervisors, or Grand Jury with a full statement of the operations of the said sinking fund whenever Statement of by them required; and shall cause to be published in some newspaper printed in the county, in the month of January of each year, a concise statement of the condition of said fund, the amount of bonds issued, bonds redeemed and interest paid, and also the names of the bidders, and the Compensation rates of the bids for the redemption of bonds made from time to time. SEC. 15. The Treasurer shall receive in compensation for the servi- Pay for ces rendered in the funding of the debt of the said County, one half of collecting, &c. one per cent. on the amount of bonds issued, and there shall be paid for the collection and disbursement of the special interest tax and poll tax, to the collecting and disbursing officers, the same compensation as may be by law allowed to be paid for the collection and disbursement of the ordinary revenues of the County, but all compensation so paid, shall be paid out of moneys in the Treasury not otherwise appropriated, and in Power of no case, be paid out of the interest or sinking fund.
SEC. 16. The District Court, having original civil jurisdiction within the County of San Diego, shall have power to enforce obedience to the provisions of this Act, and for that purpose may issue process of mandamus, probibition, and all other writs authorized by law; and any public officer who shall wilfully violate any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall be liable to indic ment and punishment therefor, and shall moreover be liable on his official bonds, for any damages or loss sustained by such wilful violation. SEC. 17. On the first of June, one thousand eight hundred and fifty-five, the Treasurer of San Diego County shall advertise that after thirty days, the funding of said debt will commence, from which time it shall not be lawful for the Treasurer to pay or liquidate any of the present indebtedness of said county in any other manner than is herein provided. SEC. 18. So much of the sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth and eighteenth sections of an Act entitled "an Act concerning the office of County Treasurer," passed March twenty-seventh, one thousand eight hundred and fifty, as conflicts with this Act, is hereby repealed; provided, that such repeal shall not be construed so as to affect any other County than San Diego, and shall apply only to the indebtedness of said County, herein provided to be funded, and not to the future indebtedness of said County.
SEC. 19. This Act shall take effect from and after its
Section 494 amended.
To amend an Act entitled "An Act to Regulate Proceedings in Civil
[Approved May 4, 1855.]
The People of the State of California, represented in Senate and
SECTION 1. Section four hundred and ninety-four of said Act to Regulate Proceedings in Civil Cases in Courts of Justice of this State, is hereby amended so as to read as follows: Section four hundred and ninety-four. The measure and mode of compensation of AtCompensation. torneys and Counsellors shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in any action in the Supreme Court, District Court, Superior Court of the City of San Francisco, and County Courts, his costs and necessary disbursements in the action, or special proceeding in the nature of an action.
SEC. 2. Sections five hundred and one, five hundred and two, five hundred and three, and six hundred and thirty-two of said Act, are hereby repealed.
Section five hundred and five of said Act is hereby Postponement. amended so as to read as follows: Section five hundred and five. When an application is made to a Court or Referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the Court or Referee, as a condition of granting the same.
SEC. 4. Section five hundred and ten of said Act is amend - Section 510 amended, ed as follows: Section five hundred and ten. The party in whose Party getting favor judgment is rendered, and who claims his costs, shall de-judgment. liver to the Clerk of the Court, within two days after the verdict or decision of the Court, a memorandum of the items of his costs and necessary disbursements in the action or proceeding; which memorandum shall be verified by the oath of the party, or his attorney, stating that the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding.
SEC. 5. Section six hundred and thirty-one of said Act is hereby Costs. amended so as to read as follows: Section six hundred and thirty-one. Costs shall be allowed to the prevailing party in a Justice's Court.
To Re-Incorporate the City of San Francisco.
[Approved May 5, 1855.]
The People of the State of California, represented in Senate and
SECTION 1. The Corporation, or body corporate, now existing Corporation. and known as "the City of San Francisco," shall remain and continue to be a body politic and corporate, in name and in fact, by the name of "the City of San Francisco," and by that name shall have perpetual succession; may sue and defend, in all courts and places, and in all actions, proceedings and matters whatever; and may, and shall have Privileges. and use, a common seal, and the same may alter at pleasure; and may purchase, receive, hold and enjoy real and personal property, and sell, convey, mortgage and dispose of the same for the common benefit; provided, that it shall purchase without the city no property except such as shall be necessary for establishing hospitals, prisons, ceineteries, asylums, powder magazines and water works; and pro- Further proviso. vided, also, that all rights and liabilities of the corporation heretofore known as "the City of San Francisco," shall survive to the corporation continued by this Act.
SEC. 2. The City of San Francisco shall be bounded as follows: Boundary. On the south by a line drawn parallel with Clay street, two and ahalf miles' distant from the centre of Portsmouth Square; on the west by a line drawn parallel with Kearny street, two miles' distant
Term of office.
Commencement of duties.
from the center of Portsmouth Square; its boundaries on the north and east shall be the same with those of the County of San Francisco; provided, that the Common Council of said city shall have power to extend the boundaries thereof, so as to embrace any and all lands that may be hereafter confirmed, granted or released to said city, by the State of California or the United States.
SEC. 3. Said city shall be divided into eight wards, as at present constituted the number and boundaries of which shall not be altered, except that in the years eighteen hundred and fifty-five, or eighteen hundred and fifty-six, and every third year thereafter at least three months prior to the municipal election in such years, the Common Council may re-divide the city into such number of wards as they may deem expedient; provided, that each ward shall contain as nearly as may be, an equal number of inhabitants; provided, also, that the whole number of wards shall not exceed twelve, prior to the year eighteen hundred and sixty.
SEC. 4. There shall be elected in and for the City of San Francisco, for the government of the same, a Mayor, (who shall be exofficio Recorder,) a Controller, Marshal, Surveyor, Attorney, Treasurer, Tax-Collector, and one Assessor for each ward, who shall hold their offices for one year, and until their successors are elected and qualified; there shall also be elected for the city, a Common Council, consisting of a Board of Aldermen and a Board of Assistant Aldermen, whose term of office shall be as hereinafter provided. The municipal election shall be held on the fourth Monday of May in each year, on which day all officers to be elected for the whole city shall be voted for on a general ticket by the qualified electors thereof. The Aldermen and Assistant Aldermen shall be elected as hereinafter provided. The officers receiving the highest number of legal votes cast for each office, shall enter upon the duties of their respective offices on the first Monday of July following.
SEC. 5. Such election shall be subject to all provisions of law regulating elections for State officers. The Common Council shall Duties of Com- give ten days' previous notice of such elections; shall fill all vacan
cies caused by the removal, resignation or otherwise in the Board of Inspectors and Judges of election of the several wards. They shall, also, examine the returns, and declare the results within two days from the time of such returns are made. They may, also, by ordinance, extend the time for the canvass of the votes, not exceeding three days.
SEC. 6. All vacancies in office, except as hereinafter provided, shall be filled by special election called by ordinance, which election shall be governed by the same laws as are in this Act provided for General Municipal Elections.
SEC. 7. The certified returns of all Municipal Elections shall be filed by the Inspectors and Judges, with the County Clerk within two days after any such election, by whom they shall be at once transmitted to the Board of Aldermen, to be by said Board, acting as a Board of City Canvassers, duly canvassed, and the result thereof declared. Elections shall not be held in any building in which intoxicating liquors are sold, or within three buildings on either side thereof.
SEC. 8. When two or more persons have an equal, and the highest number of votes at any election for the office of Mayor, the new Common Council shall, at its first session after organizing, decide by joint vote of the two Boards, between such persons, all elections by