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twenty-ninth, A. D. 1855. To H. P. A. Smith, for the sum of five H. P. A. Smith. hundred and eight dollars, the same to be in lieu of, and duplicate of warrants number one thousand three hundred and thirty-five, (1335) issued to H. P. A. Smith for services as Assemblyman, and bearing date January twenty-ninth, A. D. 1855. And number one thousand four hundred and eighty-five, (1485) issued to the said Smith for mile age as Assemblyman, and bearing date February second, A. D. 1855; all of which warrants are verily believed to have been lost or destroyed. SEC. 2. The said warrants shall be marked "Duplicate," by the Controller, and the said James G. Stebbins, Wm. W. Stow and II. P. duplicate. A. Smith, or their several agents or attorneys, shall severally execute to the State and deliver to the Treasurer of State, a bond, with good and Bond. sufficient sureties to the satisfaction of the Treasurer, in a sum double Double amount the amount aforesaid authorized to be issued in warrants to each, condi- of warrants. tional, to be paid to said Treasurer of State, as the Agent of the State of California, if the warrants claimed to be lost or destroyed or any of them shall ever be presented and paid.
To amend and supplementary to an Act entitled "An Act to incorporate the City of Sacramento," passed March, 1851.
[Approved March 31, 1855.]
The People of the State of California, represented in Senate and
to hold office.
Section 4 of said Act shall be amended so as to read Election of as follows: There shall be elected in said city, at the time and in the manner hereinafter prescribed, a Mayor, Recorder, City Assessor, City Collector, City Marshal, City Attorney, City Treasurer, and nine Councilmen, but no person shall be eligible to any of said offices, Qualifications nor to any office which may be created by ordinance, who shall not at the time be a qualified elector according to the constitution and laws of the state, and who shall not have resided in the city thirty days next preceeding the election, and ten days in the ward where such election is held, and no person shall be entitled to vote for city officer in any but the wards in which he resides.
SEC. 2. Section 25 of said Act shall be amended so as to read as follows: Any officer of the City Government elected by the people, except the Mayor and Common Council, may be removed from office Malfeasance. by a vote of two thirds of the members of the Common Council elect, for any malfeasance or misfeasance in office, or neglect of duty; provided, that no removal from office shall take place, except upon Proviso. charges fully specifying the cause of complaint, and until the party
When and how paid.
Injury to property.
Trial by jury. Exclusive jurisdiction.
sought to be removed has had an opportunity to be heard in his defense, and the cause of such removal shall be entered at length upon the journals.
SEC. 3. Section 29 of said Act shall be amended so as to read as follows: No city officer shall be entitled to receive or collect for his own use any fee or perquisite for the discharge of the duties of his office, except as otherwise provided in this Act; but all fees collected by him in virtue of any ordinance of the Common Council, shall be paid into the City Treasury, at such times as the Common Council may direct; and if any officer shall receive or appropriate to his own use any fee or perquisite collected as aforesaid, or any funds belonging to the city, he shall be considered guilty of a misdemeanor, and punished by a fine not exceeding five thousand dollars, or imprisonment not exceeding twelve months, or both such fine and imprisonment, and shall be removed from office.
SEC. 4. Section 30 of said Act shall be amended so as to read as follows: There shall be paid by the city out of the appropriate funds, the following salaries per annum, but in no case exceeding the sums or rates herein named, to wit: To the Mayor, ($2,000) two thousand ; to the Recorder, ($4,000) four thousand dollars; to the City Marshal, ($3,000); to the Deputy City Marshal, ($1,500) fifteen hundred dollars; to the City Attorney, ($2,000) two thousand dollars; to the City Treasurer, ($1,500) fifteen hundred dollars. The Chief Engineer of the Fire Department shall receive such pay as the Common Council may fix by ordinance. To the Superintendent of Water Works ($2,000) two thousand dollars; to the City Assessor, ($1,500) fifteen hundred dollars; to the Clerk of the Recorder's Court, ($1,500) fifteen hundred dollars. Each Policeman to be elected as hereinafter provided, shall receive for his services, not exceeding one huudred and twenty-five dollars ($125) per month, which together with the salaries to the above named officers shall be paid at such times and in such manner as the Common Council shall by ordinance direct. The City Tapper shall be paid for his services such fees as the Common Council shall by ordinance prescribe, to be paid in all cases by the party requiring his services. The City Collector shall receive for collecting and paying over all revenue collected by him, not exceeding one and one-half per cent. The City Surveyor shall receive such fees as the Common Council may authorize by ordinance, and his fees shall be paid by the party requiring his services.
SEC. 5. Section 35 of said Act shall be amended so as to read as follows: The Recorder shall have exclusive jurisdiction over all violations of City ordinances, and may hold to bail, fine or commit to prison offenders in accordance with the provisions of such ordinances; of all proceedings for the recovery of any fine, penalty, or forfeiture imposed by ordinance provided, the amount thereof shall not exceed five hundred dollars; of all cases of misdemeanor and wilful injury to property committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months; and he shall have final and exclusive jurisdiction in all cases of petit larceny, provided, in all cases the defendant shall have the right of trial by jury; he shall have exclusive jurisdiction of the following offenses committed within the city limits :-assault and battery not charged to have been committed on a public officer in the execution
Justice of Peace.
of his duties; or with intent to kill; all breaches of the peace, riots and affrays; committing a wilful injury to property; and all misdemeanors, punishable by fine not exceeding five hundred dollars or imprisonment not exceeding six months, or by both such fine and imprisonment. He shall exercise all the powers of a Justice of the Peace Have powers of in regard to offenses committed within the city limits, subject to all the rules governing Justices of the Peace; and have power to administer all oaths known to the law. In case of death, sickness, ab- To perform the duties of Mayor. sence from the city, disability, resignation or removal of the Mayor, the Recorder shall perform the duties of his office during such vacancy, absence, or disability. Be it provided also, in case of death, sickness, absence from the city, disability, resignation, or removal of the Maror to Recorder, the Mayor shall perform the duties of his office during such perform duties vacancy, absence, or disability, and have the same jurisdiction and powers that are invested in the Recorder.
SEC. 6. Section 37 of said Act shall be amended so as to read Duty of City Marshal. as follows: It shall be the duty of the City Marshal 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, upon the approval of the Mayor, appoint a deputy, who Deputy. shall possess the same power and authority as the Marshal, and for whose acts as such, the Marshal shall be held responsible; he shall arrest all persons guilty of a breach of the Peace, and all persons guilty of a breach of any city ordinance, and bring them before the Recorder for trial. He shall also perform such police and other duties as the Common Council may direct.
SEC. 7. Section 39 of said Act shall be amended so as to read as follows: It shall be the duty of the City Attorney to attend to all Duty of suits, matters and things, in which the city may be interested; to give his advice in writing, when requested, to the Mayor and Common Council, and to do and perform all such things touching his office, as the Common Council may require of him, and to attend all prosecutions in the Recorder's Court when required so to do by the Recorder.
SEC. 8. No city officer except as herein otherwise provided, shall Clerks. be allowed to employ a clerk at the expense of the city.
SEC. 9. The Common Council shall, on their first meeting after Officers general election, or as soon thereafter as the same can be conveniently done, appoint in such manner as the Council may prescribe, the following officers to serve during the pleasure of the Council, to wit: one Superintendent of Water Works; one Secretary of the Common Council; one City Surveyor, one Engineer of Water Works, but the Engineer of salary of said Engineer shall not exceed the rate of ($150) one hundred and fifty dollars per month; they shall also elect or appoint not exceeding fifteen regular policeman, to be under the direction of the Number of Mayor, and subject to be removed at any time by the Council; pro- policemen. vided, however, that the Mayor may in his discretion, and in cases of emergency, appoint special policemen, and of the same shall make a policemen. report to the Common Council. The office of Harbor Master is here- Harbor M: ste:. by abolished, and the duties appertaining to said office shall be performed by the City Marshal, in such manner and form as the Common Marshal's duties. Council may by ordinance direct; but for such services or such duties he shall not receive any fee or compensation otherwise than is in this Act provided for the salary of City Marshal.
Subject to removal. Duty of Collector.
SEC. 10. Section 40 of said Act is hereby amended so as to read as follows: It shall be the duty of the Secretary of the Common Council to keep the corporate seal and all the papers and documents belonging to the city; to file them in his office, under appropriate heads; to attend the sittings of the Common Council, and to keep a journal of their proceedings and a record of all by-laws and ordinances; to countersign all warrants and licenses issued in pursuance of the orders and ordinances of the Council; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under the appropri ate heads of expenditures, of all orders drawn on the Treasury and all warrants issued in pursuance thereof; also to keep an account in an appropriate book of all licenses issued, the name of the person to whom issued, the date of the issue, the time for which the same is granted, and the sum paid therefor; and he shall do and perform all such other duties as may be required, or directed by theCommon Council.
SEC. 11. The Recorder shall have power to appoint a Clerk to his Court, who shall be empowered, and whose duty it shall be to keep a record of all procedings in said Court; to administer all oaths known to the law; to issue all process original, mean, [mesne] and final in said Court, and to take down in writing at the time the same is given, all testimony in all examinations before the Recorder for offenses of which said Court has not final jurisdiction, and to perform such other duties as the Council may direct. The said Clerk shall be subject to removal by the Common Council on the complaint of the Recorder.
SEC. 12. It shall be the duty of the Collector to receive and collect all taxes and licenses due the city, and all other moneys and revenues due, or to become due the city, in such manner as the Common Council shall direct; provided, however, that the Common Council may by ordinance require the Superintendent of Water Works to collect the Water revenue, and also may require the Marshal to collect the Harbor or Levee dues, in such manner and form, and under such bonds, as the Council may prescribe.
SEC. 13. The office of City Controller shall be and the same is hereby abolished-the duties appertaining to that office shall be assigned by the Council to the appropriate officers, authorized by this Act to be elected by the people or the Common Council.
SEC. 14. The Common Council shall have no powers to create any new office, otherwise than by a vote of seven members out of the nine Councilmen elected.
SEC. 15. All city printing, of whatever nature or kind, shall be given out by contract, and it shall be the duty of the Common Council to advertise for such contract for at least five days, in a newspaper published in the city, and they shall award the contract to the lowest bidder, provided, always that the entire expense for the city or public printing shall not exceed the sum of three thousand dollars per annum. SEC. 16. From and after the passage of this Act, all warrants drawn by the Mayor shall be consecutively numbered and registered by the Secretary of the Common Council, in a book to be kept by him for that purpose, which book during office hours shall be open to public inspection, and the Treasurer shall pay such warrants only in the order in which they are drawn, to wit: warrants having priority of date and number, shall be first paid.
SEC. 17. No city officer shall be allowed any compensation for
extra services by him rendered to the city; but such officer or officers Extra services. shall be required without additional pay to perform such services as the Common Council may require.
SEC. 18. At the same time, and in the same manner as other city Superintendent officers are elected, there shall be elected one Superintendent of Com-Schools. mon Schools, and each Ward shall elect two Common School Commissioners, and said Superintendent and Commissioners shall form a Board of School Commissioners, which Board shall have all the power and perform all the duties that are or may be by law given to Commissioners of Common Schools in cities. But it shall not be lawful for such Superintendent or Commissioners to charge or receive any pay, or compensation whatever, for any services rendered in regard Salary. to Common Schools.
SEC. 19. The Act entitled "An Act creating the office of Clerk Repeal. of the Recorder's Court of the City of Sacramento," passed May 1, 1852, is hereby repealed.
SEC. 20. All Acts or parts of Acts in any manner conflicting with the provisions herein contained, are hereby repealed.
To provide for the Indigent Sick in the Counties of this State.
[Approved April 11, 1855 ]
The People of the State of California, represented in Senate and
SECTION 1. All moneys received in commutation of Bonds under Commutation the provisions of "An Act concerning passengers arriving in the ports of the State of California," shall be used for no purpose cther than for the protection and support of the Indigent Sick, and shall constitute and be known as the "Hospital Fund of the State of California."
SEC. 2. The hospital fund, together with all moneys collected for Set apart. the benefit of said fund, shall be set apart by the State Treasurer for the purpose expressed and directed in the first section of this Act; and after the first day of April, 1855, shall be divided and appor- Apportioned. tioned among the counties of this State in proportion to the population as ascertained by the census of 1855; provided, that until Proviso. the official return of the next census shall be made, the pro rata distribution shall be made upon the highest aggregate vote of the different counties as returned to the Secretary of State's office at the last election; and said funds shall be paid over by the Treasurer of the State on the warrants of the State Controller, who shall issue such warrants upon receiving the order of the Board of Supervisors to