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authorized and required, to take cognizance of all offences against the laws of the State, and of all breaches of City ordi.nances, and execute the same; and he shall be entitled to receive the same fees as are allowed Justices of the Peace by law for like services. He shall also sign all warrants ordered to be issued by the Common Council, and shall hold his Court in the City-Hall of said City; and 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 the power to declare the office of the person so complained of to be vacant, and to fill the same.
Sec. 22. The Mayor and members of the Common Council officers not/ shall receive no compensation for their services, (except as is in to be interthis Act allowed to the Mayor,) neither shall they, or either of contracts. them, be interested, directly or indirectly, during their term of office, in any contract, sale, lease, or agreement with the City, and no further allowance shall be made to any City officer, for any services whatever, than is provided for in this Act.
Sec. 23. All City officers, whether elected by the people, or oaths and by the Common Council, shall, before entering upon the duties of their office, take the oath of office, as prescribed by law. The Marshal, Treasurer, Assessor, and Clerk, shall each, before entering upon the duties of his office, also give a bond, with 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 be required to give such additional security as the Common Council may require, and upon his failure to do so, at the time fixed, his office shall be declared vacant, and a new election ordered, or the vacancy be filled by appointment, as herein before specified.
Sec. 24. The official bond of every officer named in this Act, Bonds to bo except the bond of the Clerk, shall be filed in the office of the tiled. Clerk of the Common Council; the official bond of the Clerk shall be filed with the Treasurer.
SEC. 25. The Common Council, or a Committee of their num- Board of ber appointed for that purpose, shall constitute a Board of Equal
Equalization ization, 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 for one week, and no longer.
Sec. 26. No bill, demand, or warrant, shall be paid out of the Treasury. City treasury, unless it be allowed by the Common Council, signed by the Mayor, and countersigned by the Clerk, and shall specify out of what fund, or appropriation, the same shall be paid.
SEC. 27. The Common Council may raise, annually, by taxa- Tax for fire tion upon the real and personal property within said Čity, as department.
estimated in the last preceding assessment-roll, a tax, not to exceed one-tenth of one per cent., for the support of the fire department of said City.
Sec. 28. The taxes and licenses, herein authorized to be collected, shall be collected in the legal currency of the State, 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 semiannual interest on the funded debt of said City, shall first be set apart and appropriated from the first moneys coming into the treasury; also, the sum of four thousand dollars, as a Sinking Fund for the payment of the debts of the City.
Second–For the payment of the current expense of the City Government, to be called the “General Fund."
Third–The balance remaining unexpended in the City treasury at the end of the fiscal year as fixed by the Common Council, shall be appropriated as a Sinking Fund for the payment of the funded debts of the City, in accordance with such laws now in force, or that may hereafter be enacted, concerning the same.
Sec. 29. Until the Common Council shall pass such ordinances as required by this Act, the ordinances heretofore passed by the Board of Trustees of said City, and now in force, shall have the same effect, and be as binding, legal, and effectual, as if passed by the Mayor and Common Council of said City, under this Act, and the same shall be enforced by the City officers elected under this Act, until the same shall be changed.
Sec. 30. All fines imposed by any Justice of the Peace, and collected for any breach of the peace, within the limits of the City, shall be paid into the City treasury, for the use and benefit of the City.
Sec. 31. That portion of the Act of the General Assembly of the State entitled "An Act concerning offices," passed April twenty-eighth, one thousand eight hundred and fifty-one, requir- . ing that for each of the incorporated Cities of the State, two Justices of Peace, and one Constable for each such Justice of the Peace, should be elected, so far as the same shall, or may, apply to the City of San José, is hereby repealed; and, hereafter, there shall be no City Justice of the Peace, or City Constable.
Sec. 32. The Mayor, whenever he shall deem the same necessary, may call special meetings of the Common Council; and all meetings of the Council, and the offices of Mayor, Marshal, Assessor, and City Clerk, shall be in the City-Hall.
Sec. 33. Should any of the officers herein mentioned fail to qualify and give 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. 34. All fines collected under the provisions of this Act, 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 Mayor 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 said Mayor and Marshal.
Failnre to qualify.
Sec. 35. The Act entitled "An Act to re-incorporate the City Repealing of San José, approved March twenty-seventh, one thousand clause. eight hundred and fifty-seven,” and the Act entitled “An Act amendatory, and supplementary to an Act entitled an Act to reincorporate the City of San José, approved March twentyseventh, one thousand eight hundred and fifty-seven, approved April fifteenth, one thousand eight hundred and fifty-eight,” and all Acts, and parts of Acts, amendatory thereof and conflicting with the provisions of this Act, are hereby repealed; Provided, said repeal shall take effect from and after the second Monday in April, one thousand eight hundred and fifty-nine, at which time this Act shall take effect and be in force.
Sec. 36. It is hereby made the duty of the present Board of Special Trustees of the City of San José, as soon as practicable after the passage of this Act, to call a special election, giving five days previous notice thereof, at which election this charter shall be submitted to the legal voters of said City, and should a majority of said voters' vote in favor of the adoption of this charter, then the same is hereby declared, and shall be, the charter of said City, and the same shall take effect and be in force from and after the second Monday in April, A. D. one thousand eight hundred and fifty-nine, otherwise the same shall be null and void.
CHAP. CXVIII.—An Act supplemental to an Act approved February
eighteenth, eighteen hundred and fifty-nine, entitled an Act amendatory of, and supplemental to, an Act entitled an Act to provide for the location and sale of the unsold portion of the Five Hundred Thousand Acres of Land granted to this State for School purposes, and the Seventy-two Sections donated to this State for the use of a Seminary of Learning, approved April twenty-third, A. D. eighteen hundred and fifty-eight.
[Approved March 16, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact os follows : Section 1. Section one of said Act is hereby amended so as to read as follows:
Section one—Section nine of said Act is hereby amended so as Duty of to read as follows: Section nine-It shall be the duty of the Board of Board of Examiners, created by an Act approved April twentyfirst, A. D. eighteen hundred and fifty-eight, entitled “An Act to create a Board of Examiners, to define their powers and duties, and to impose certain duties upon the Controller and Treasurer," whenever it shall appear to said Board that the Treasurer of the State has received into the treasury the sum of ten thousand dollars or upwards, paid in as purchase-money for land under the provisions of this Act, and as often thereafter as the like sum shall have been paid in as aforesaid, to purchase bonds of the Civil Funded Debt of the State, issued since the first day
. surrender bonds.
of January, A. D. eighteen hundred and fifty eight, to the amount
said money paid in as aforesaid will purchase, at the lowest Advertise for price at which they may be purchased, after advertising for two proposals to weeks in one daily newspaper published in the City of San
Francisco, and one in the City of Sacramento, for sealed proposals for the sale of said bonds. The said Board shall open said proposals at the time and place specified in said publication, in the presence of the Treasurer and Controller of Statè, and accept only of such proposals as offer bonds at the greatest discount to the amount of funds in the treasury, paid in as purchase-money for school lands, will purchase. Said Board shall audit the amount due said bidders for his or their bonds, which amount shall be certified to the Controller of State by said Board : the Controller shall then draw his warrant on the Treasurer for the amount audited by said Board, and said Board of Examiners shall deliver said warrants to the persons in whose favor they are drawn, and the bonds so purchased shall be de. livered to the State Treasurer, who shall keep said bonds as a special deposit in his custody, marked “School Fund,” to the credit of said School Fund; Provided, however, that no bonds shall be purchased at more than par value. All interest paid into the treasury under the provisions of this Act, shall be subject to the order of the State Board of Education.
CHAP. CXIX.-An Act to authorize the Board of Supervisors of
[Approved March 16, 1859.]
Assembly, do enact as follows: SECTION 1. The Board of Supervisors of Siskiyou County are hereby authorized and empowered to transfer all moneys in the treasury of said County belonging to the Interest and Sinking Funds, arising from revenue for the year one thousand eight hundred and fifty-eight, and which have been, or shall be, collected and paid into the treasury after the first day of January, one thousand eight hundred and fifty-nine; Provided, the same shall not exceed the sum of four thousand six hundred dollars.
CHAP. CXX.-An Act authorizing and empowering the County Clerk
of Butte County to transcribe certain Records, and to legalize the
[Approved March 16, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The County Clerk of Butte County is hereby Clerk an. authorized and required, as soon as the same can conveniently transcribe be done, to transcribe into such books, and in such manner, as records. is prescribed by section two hundred and five of an Act entitled “An Act to regulate proceedings in civil cases in the Courts of of Justice of this State," passed April twenty-ninth, eighteen hundred and fifty-one, the entries of judgments, and the satisfaction thereof contained in the following books of records kept in his office, namely: The books known as the “ Judgment Docket A, of the District Court of the Fifteenth Judicial District, Butte County;" also, the book known as the “ Judgment Docket A, of the County Court, Butte County."
Sec. 2. The books of records, and each of the entries there. Legal offect. in made, as directed by section one of this Act, shall have the same force and effect as the original records transcribed therein may have had, and copies of any of the records or entries transcribed as provided in this Act, shall have the same force and effect as copies of the original records or entries may have had.
SEC. 3. For services rendered under this Act, the said County CompensaClerk of Butte County shall be allowed fifteen cents per folio of tion. one hundred words, and the same shall be paid out of the County treasury in the same manner as other demands against the said Butte County are paid.
Sec. 4. The original records shall be carefully preserved in Originals. the office of the Clerk of the Court to which said records respectively belong.
CHAP. CXXI.-An Act amendatory of an Act entitled an Act to
amend an Act entitled an Act restricting the Herding of Sheep to certain Pastures, in the Counties of Sonoma and Marin, approved April fifteenth, eighteen hundred and fifty-eight.
[Approved March 16, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section one is hereby amended so as to read as follows:
Section one-It shall not be lawful for any person or persons Restricted to owning or having charge of any sheep within the Counties of