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either Board, or by joint vote of the two Boards, shall be riva voce, and a majority of all the votes cast, shall be necessary to a choice.

and Judges.

SEC. 9. The Inspectors and Judges of all Municipal Elections, shall Inspectors be those chosen at the next preceding General Election in the several wards, or those appointed by the Common Council to fill vacancies.

SEC. 10. No person shall be elected or appointed to any office under Qualifications. this Act, who shall not at the time of his election or appointment, be a qualified elector.

SEC. 11. The Executive and Judicial power of the Corporation by Executive and this Act provided for, shall be vested in a Mayor, (who shall be ex-officio judicial power. Recorder,) a Controller, Tax Collector, Treasurer. Marshal, Attorney, Surveyor, and such other executive officers as are or may be created by law: Neither the Common Council or any Board, committee or member thereof shall exercise any Executive power nor perform any Exec

utive business.

SEC. 12. It shall be the duty of the Mayor to communicate to the Duties of Mayor Common Council, semi-annually, and oftener if necessary, a general statement of the condition of the city, with reference to its government, finances, resources and improvements, together with such recommendations in relation thereto as he shall deem expedient; to be vigilant and faithful in causing the laws and ordinances for the government of the city to be duly observed and enforced, and to exercise a constant supervision over all city officers, and to hear and examine all complaints made against any of them for neglect of duty, and to certify the same to the Common Council. He shall have power to administer oaths and affirmations; he shall also have power to call out the military of the city whenever he shall deem it necessary for the suppression of riots. It shall be his duty to exercise the powers and to perform the duties prescribed by the laws of the State, and the ordinances of the city, heretofore exercised by and prescribed to the Recorder. As to offenses committed in the city, he shall have the same jurisdiction as may be conferred upon Justices of the Peace. He shall have jurisdiction in all cases of violation of ordinances of the city, in all cases of assault, riot, breach of the peace, petit larceny, and all crimes and misdemeanors punishable by fine, not to exceed five hundred dollars, or imprisonment not to exceed three months, or by both such fine and punishment, subject to an appeal as in other cases to the Court of Sessions. He shall have power to perform generally all such duties as may be prescribed by law, and the ordinances of the city. He shall be allowed a Clerk.



SEC. 13. Whenever there shall be a vacancy in the office of Mayor, Vacancy of or the Mayor shall be absent from the city, or shall be unable from sickness, or any other cause, to attend to the duties of his office, the President of the Board of Aldermen shall perform the duties, receive the compensation, and possess all the rights and powers of Mayor during such vacancy, absence or disability; provided, however, that if any such Proviso. vacancies shall occur in the office of Mayor, within six months after the commencement of any term of office, the Common Council shall within ten days thereafter call a special election to fill such vacancy.


SEC. 14. It shall be the duty of the Controller to report to the Com- Power and mon Council, monthly, a full and detailed statement, verified by his oath duties of or affirmation, of all the receipts, expenses and payments of the City Government since his last previons report, and the state of each appropriation made by the Common Council, showing the amount expended, and that remaining unexpended on each. To countersign all licenses and receipts for moneys paid to the Tax Collector for taxes, licenses,




Duties of
Tax Collector.

assessments or otherwise, at the same time making a registry thereof in a book to be provided for that purpose. He shall at the end of each fiscal year, publish a full and detailed statement of the receipts and expenditures of the city during said year, specifying the different sources of revenue, the several amounts received from each, and the several appropriations made by the Common Council, the objects for which the same were made, and the amount expended under each, the amount and character of the indebtedness of the city, and of the property of the city. He shall have a book in which he shall register all bills and accounts against the city, which shall have been duly audited by the Common Council and certified by the Clerk thereof, certifying the names of the persons in whose favor such bill or accounts have been audited, the consideration of such bills or accounts, their amounts, dates and the appropriation against which each is charged. He shall so regulate his accounts that his books shall show from day to day the amount of cash to the credit of each appropriation in the hands of the Treasurer. Every warrant or draft upon the Treasury, shall be signed by the Controller, and countersigned by the Mayor, and shall specify the appropriation under which it is drawn, the date of the Ordinance making such appropriation, and from what fund, and for what purpose the amounts specified is to be paid. Every warrant drawn on the Treasurer shall be presented within five days from the date and issuance of it, and shall be void after the expiration of that period, if not so presented: which condition shall be expressed in every such warrant. All warrants shall be registered in the same manner as audited bills and accounts (as in this section provided) and each warrant shall refer intelligibly to the book and page of its registry; but no warrant or draft shall ever issue unless against an equal amount of cash actually in the Treasury; and when the cash fund of any appropriation is exhausted, the Controller shall register the audited bills and accounts, as provided in this section, in the order in which the same are presented; (at the same time numbering said bills and accounts according to the folio of their registry.) so that whenever the cash receipts into the Treasury to the credit of the proper funds, shall allow, he shall draw warrants according to the registry of the audited bills and accounts, in favor of the original holder thereof. Nor shall any warrant or draft be issued by the Controller, unless the same shall have been specifically authorized by an ordinance directing the issue of the same: its amount, to whom payable, and on what account. Every bill or account audited and allowed by the Common Council, or by any committee thereof, shall be subject to the supervision of the Controller, who shall make no entry of such bill or account on the books of his office, nor shall he sign any warrant based upon such bill or account, unless he is satisfied of the correctness of such bill or account; and he shall be liable on his official bond in double the amount of any bill or ac count audited, allowed or registered, contrary to the provisions of this section. His books shall be opened at all times, during business hours, to the inspection of the public. He shall be allowed a Clerk, whose salary shall not exceed two thousand dollars per annum.

SEC. 15. It shall be the duty of the Tax Collector to collect and receive all moneys for taxes, assessments, whether for streets or otherwise, and licenses belonging to the city, and to pay the same each day into the Treasury, in the specific fund, without substitution or change, in which he shall have received the same, and in making such collections he shall receive nothing but current coin, at its legal value. It shall be his duty from day to day, or as often as he may be required, to communicate to

the Controller the condition of his cash account in the Treasury. Dur ing the last week of each quarter of his official term, he shall make a full settlement of his accounts with the Treasurer for such quarter, under oath, and shall file a duplicate of such account with the Controller. Of all amounts paid to him he shall make and keep a registry in a book to be provided for that purpose, expressing the sum paid and the purpose for which it has been paid. Each receipt shall be countersigned by the Controller, as hereinbefore provided. In lieu of a salary for his services, Compensation. he shall receive at the rate of one-half of one per cent. on all moneys paid

by him into the Treasury: which shall be in full of all compensation for his services. In all matters appertaining to his office, he shall have power to administer oaths and affirmations, but without fee.


SEC. 16. The Treasurer shall receive and safely keep all money of Duty of the city. He shall pay out the same only upon the warrant of the Controller, lawfully drawn and specifically authorized by an ordinance directing the issue of same, the amount of each, to whom payable and for what object, signed and countersigned, as hereinbefore provided. He shall keep an account of all his receipts and disbursements, with their sources and objects respectively; and of the several funds, showing the amount expended and unexpended of each, and the condition of each as to the balance on hand in cash. He shall make monthly to the Common Council, verified by his oath or affirmation, a transcript of such accounts in detail, which shall be published in a daily newspaper of the city. At the time each warrant is paid by him he shall cancel it, by an endorsement made upon the original warrant.


SEC. 17. It shall be the duty of the Marshal to supervise, direct Duties of and regulate the Police force of the city, and be Keeper of the City Prison, under such regulations as the Common Council may prescribe; to execute all process issued by the Mayor, or directed to him by a competent authority in criminal cases. To attend upon the Mayor's court; to arrest and bring before the Mayor all persons guilty of a breach of the peace, or violation of the city ordinance.


SEC. 18. The Attorney shall transact and conduct the law busi-Duties of ness of the city, or of any of the Departments, and when directed by the Common Council shall transact and conduct any business in which the city has an interest; and he shall give his opinion in writing to the Mayor or Common Council, or to any Executive officer, whenever required, and shall render such services in his profession as may be needed for the interests of the city. He shall examine into, and certify the legality or illegality of all ordinances passed by the Common Council, prior to the approval of the same by the Mayor. He shall Clerk. be allowed a Clerk, who shall be an Attorney, admitted to practice in the Supreme Court of this State.

SEC. 19. It shall be the duty of the Surveyor to supervise, manage and regulate the streets, highways, wharves, public buildings and places of the city, under the ordinances of the Common Council, to have in his office a correct profile drawing of each street and highway of the city, after the same shall have been surveyed and sanctioned by the Common Council, with a view to the permanent grade of the city. To give the line or lines of lots fronting on all streets, squares or public ways, whenever called upon for that purpose. Also, the line and grade of sidewalks and foot-ways within the city, under the ordinances of the Common Council, and to furnish a map or certificate thereof, in writing, when required. And he alone shall be authorized to give the official grade of the streets of the city, and certify to the

Duties of


Deputy. Salary.


Duties of

Ward Assessors.


He shall have power to remove all incumbrances and obstructions to the streets, alleys, highways, public squares, places, sidewalks and footways within the city; and all structures and erections projecting beyond the line of said streets, alleys and public ways. He shall keep in his office a book, in which he shall make a daily report of violations of the Ordinances, and record all matters touching the execution of his duties; which book shall be subject at all times to public inspection. He shall make all plans and estimates of work required in his Department by the city, under the direction of the Common Council, and report to them everything relating to the making and repairing of streets, wharves, public grounds and places within the city limits; he shall superintend and examine the execution of all work done for the city, in his Department, and see that such work has been well and faithfally performed. He shall be allowed a Deputy, whose salary shall be two thousand dollars a year. Neither the Surveyor nor his Deputy shall receive (for his or their use) any fee or emolument for any services performed or connected with said Department, other than the salaries assigned to each, in this Act. He shall give an official bond in the sum of twenty-five thousand dollars..

SEC. 20. There shall be elected, annually, by the qualified electors in the several wards of the city, at the time of the election for municipal officers, one Assessor, in and for each of the said wards, who shall be a resident therein, and whose duty it shall be, within such time and in such manner as the Common Council may by ordinance direct, to make out a correct list of all the taxable persons, and real and personal property within his ward not exempt by law from taxation, and by actual personal inspection, assess all such property, under its appropriate head, at its actual cash market value; giving an accurate description of each parcel of real estate, by the number of the lot and the dimensions and boundaries of each part thereof, when less than a whole lot; or when such lot is subdivided, or is owned or claimed by more than one person or company; and within twenty days after such assessment is completed, certify and return the same, under oath, to the Mayor. Each Assessor shall, immediately after having completed his assessment list, notify the inhabitants of his ward, by posting up a notice in at least three public places therein, and by publication in some daily city newspaper, that he has completed his assessment list, and that his books will remain open for inspection by all persons interested therein, for fifteen days from the date of such notice; and that within five days thereafter, such assessment list will be returned to the Mayor. It shall be the duty of all such Assessors to meet together at such time and place within the city as the Mayor may direct, and examine the valuations made by them respectively; and if any owner or owners of any property so assessed, be dissatisfied with such assessment, he or they may appeal to such Board, to have such assessment corrected; and if a majority of said Board shall deem any valuation or assessment incorrect, they shall have the power to alter the same; and any person dissatisfied with such decision made by said Board, may, within ten days thereafter, appeal to the Board of Aldermen, whose decision therein shall be final. Each of said Assessors shall have power to administer oaths or affirmations for the purpose of ascertaining the full and true amount of each person's personal property: but no person shall be permitted to assess or value his own real property. Such valuation shall be made by the Assessor or Assessors only. The compensation

of the Assessors shall be five hundred dollars per annum each. They shall give bonds for the faithful and prompt performance of their respective duties, in the sum of three thousand dollars each.


SEC. 21. The legislative power of the city of San Francisco shall Legislative be vested in a Board of Aldermen and a Board of Assistant Alder- how vested. men, which, together, shall constitute the Common Council. The Board of Aldermen shall consist of one member from each ward, who shall be elected by the qualified voters of their respective wards, for the term of one year.


SEC. 22. The Board of Assistant Aldermen shall consist of one Assistant member from each ward, who shall be elected by the qualified electors of their respective wards. Their term of office shall be one year. Term of office. No person shall be a member of either Board, except while he is a resident of the ward for which he was elected.

SEC. 23. Each Board shall elect one of its own members as Presi- President. dent, and may appoint a Clerk and a Sergeant-at-Arms. The Clerk Clerk. of the Board of Aldermen shall be ex officio Clerk of the Common Council, and his salary, in both capacities, shall be fixed by ordinance, and shall not exceed three thousand dollars a year; the salary salary of Clerk. of the Clerk of the Board of Assistant Aldermen shall also be fixed by ordinance, and shall not exceed two thousand dollars a year. The salary of the Sergeant-at-Arms of each Board shall be fixed in like. manner, and shall not exceed one thousand two hundred dollars a year, each.

Sergeant at Arms

SEC. 24. Each Board shall keep a journal of its proceedings, be Journal. judge of the election returns and qualifications of its own members, and shall determine contested elections, and have power to call elections to fill vacancies in its own body.

SEC. 25. The majority of all the members elected to each Board, shall constitute a quorum for doing business; but a less number may quorum. adjourn from time to time, and may compel the attendance of absent members, in such manner and under such penalties as each Board may prescribe. The Boards shall sit in separate chambers, of which sittings. the doors shall be kept open, except when the public welfare requires


SEC. 26. Each Board may determine the rules of its proceedings; Rules, &c. punish its members for disorderly conduct; and, by resolution passed with the concurrence of two-thirds of all the members elected, expel a member, after opportunity given him of being heard in his own defense; but such resolution shall be of no effect, unless it contain a provision for a special election, to be held within two weeks, to fill the vacancy, whenever two months of the term of the member thus expelled is still unexpired; no member of either Board shall, during the period for which he was elected, be appointed to any office of emolument or profit under this Act, or to any office that may here- appointed, &c. after be created by the Common Conncil.

No member


SEC. 27. The two Boards shall, in all cases, except in cases of Boards separate election, act as separate bodies, and shall appoint no joint committees, except as hereinafter provided.

SEC. 28. Either Board may originate, amend, concur in, or report any ordinance or resolution; bnt no ordinance shall be passed unless Ordinances. it have in each Board a majority of all the members elected to such Board; but a resolution may be adopted, a majority of the members present voting for the same; and on the final passage of every ordi

nance, the yeas and nays shall be taken, and entered upon the journal, Yeas and nays.

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