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return to the Common Council, a correct list of all the property taxable by law, within the limits of said City. The time and mode of making out such list, and returning the same, shall be prescribed by ordinance.

SEC. 35. It shall be the duty of the Collector to receive and Collector. collect all taxes and licenses due the City, and all other moneys or revenue due, or to become due, and to pay the same over to the Treasurer. The time and manner of such collection and payment shall be such as the Common Council shall, by ordinance, prescribe.

SEC. 36. It shall be the duty of the City Clerk to keep the Clerk. corporate seal, and all papers and documents belonging to the City; to file the same 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 appropriate head, of all orders and warrants drawn on the treasury. Also, to keep an account, in an appropriate book, of all licenses issued, the date of the issue, and the amount; and and he shall do and perform all such other duties as may be required or directed by the Common Council, by resolution or ordinance.

SEC. 37. It shall be the duty of the City Attorney to attend Attorney. to all 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 to all prosecutions in the Recorder's Court, when required so to do by the Recorder.

SEC. 38. A Recorder's Court is hereby established in said Recorder's City, which shall be presided over by the City Recorder. The Court. Recorder shall have exclusive jurisdiction of all violations of any City ordinance, and may hold to bail, fine, or commit to prison, any offender, in accordance with the provisions of such ordinance, of all cases of misdemeanor and willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or by both such fine and imprisonment; also, of all cases of assault and battery, committed within the city limits, not charged to have been committed on a public officer in the discharge of his duties, or with intent to commit murder. He shall exercise all the powers and jurisdiction of a Justice of the Peace in regard to offences committed within the city limits, and may administer all oaths and affirmations known to the law. The said Recorder's Court shall have such further jurisdiction as is by general statute conferred upon Recorders' Courts, and the proceedings therein shall be such as are provided by law for proceedings in Justices', Recorders', and Mayors' Courts. In case of the death, sickness, absence from the City, disability, resignation, or removal of the Recorder, the Mayor shall be ex officio Recorder, and shall perform the duties of his office during such vacancy, absence, or disability, and have the same jurisdiction

Record of

votes.

Appropriat'n

of money.

Publication.

Recorder.

Present officers.

Wards.

Repealing clause.

Take effect.

and powers that are vested in the Recorder. Whenever sentence of imprisonment is passed upon any offender, the Recorder may include in such sentence that such offender shall be subject to labor, under the charge and in the custody of the City Marshal; Provided, any provisions shall have been made by ordinance for carrying such sentence into effect. He may, also, in any suit, prosecution, or proceeding before him, tax the costs thereof against the person convicted.

SEC. 39. Upon the passage of all resolutions and ordinances appropriating money, imposing taxes, abolishing licenses, or increasing or lessening the amount to be paid for licenses, the yeas and nays shall be called, and entered upon the Journal.

SEC. 40. A majority of the members elected to the Common Council shall be necessary to pass any resolution or ordinance appropriating the sum of one hundred dollars or more, for any purpose, or any ordinance in any wise increasing or diminishing the City revenue.

SEC. 41. Any resolution or ordinance providing for the appropriation, for any object or purpose, of the sum of five hundred dollars or more, shall lie over for one week.

SEC. 42. The style of the City ordinances shall be: "The Common Council of the City of Placerville do ordain." All ordinances shall be published in one or more newspaper published in said City, within one week after their passage.

SEC. 43. The Common Council of said City shall have the right, at any time after the passage of this Act, to elect, by ballot, a Recorder of said City, who shall hold his office until the annual election next after the passage hereof, and until his successor is elected and qualified.

SEC. 44. The officers of the present City Government of said City shall remain in office, and exercise the powers granted to City officers by this Act, until the election and qualification of the officers to be elected under the provisions of this Act. The City shall remain divided into Wards, as at present, until the boundaries of said Wards shall be changed or altered by ordinance. And nothing in this Act contained, shall repeal, or in any manner affect the binding force or validity of any ordinance now in force in said City, or affect in any manner, any debt, contract, or liability of said City, now in existence.

SEC. 45. An Act entitled an Act to incorporate the town of Placerville, passed May thirteenth, one thousand eight hundred and fifty-four, and an Act entitled "An Act to amend an Act entitled an Act to incorporate the town of Placerville," passed April twenty-fourth, one thousand eight hundred and fifty-seven, are hereby repealed.

SEC. 46. This Act shall take effect and be in force from and after its passage.

CHAP. XCIV.-An Act to provide for the Purchase and Erection of
Hydrants in the City and County of San Francisco.

[Approved March 7, 1859.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the City and County Purchase of San Francisco are hereby authorized and empowered to pur- hydrants. chase and erect such hydrants, with the connecting pipes and appendages, as they may deem necessary and expedient. And the Auditor of said City and County is hereby authorized to audit, and the Treasurer to pay, the demands so authorized.

SEC. 2. The expense of the purchase and erection of said Out of genehydrants shall be paid out of the General Fund, over and beyond ral fund. the amount already allowed for the maintenance of the Fire Department.

SEC. 3. The Auditor of said City and County is hereby Limitation. authorized to audit, and the Treasurer to pay, out of the General Fund, demands not exceeding four thousand five hundred dollars, in addition to the amount already provided by law for the maintenance of the Fire Department, including expenditures already authorized by said Board of Supervisors for the purchase and erection of hydrants.

CHAP. XCV.-An Act to amend section one hundred and seventynine of an Act entitled an Act concerning Corporations, passed April twenty-second, eighteen hundred and fifty.

[Approved March 7, 1859.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section one hundred and seventy-nine of said Act entitled an Act concerning corporations, is hereby amended so as to read as follows:

Section one hundred and seventy-nine-It shall be lawful for Conditions the District Court within and for the County in which any such corporations corporation shall have been constituted, on the application of may sell. such corporation, and on its satisfactorily appearing to such Court by competent proof, by affidavit or otherwise, that due notice, by personal service, or by publication in some newspaper as the said Court or Judge thereof shall direct, has been given to all persons interested in the matter, and that it will be to the benefit, interest, and advantage, of such church, congregation, religious, moral, beneficial, literary, or scientific association, or society, to make an order for the sale or mortgage of any real estate belonging to such corporation, or for the confirmation of

any contract under which a valid lien may attach to said property; and it shall be lawful for any member of such church, congregation, association, or society, to oppose, by affidavit or otherwise, the granting of such order; and it shall be lawful for said Court, at the time of making such order, directing the execution of a mortgage, also to make a further order, allowing such corporation to make and deliver with such mortgage, a bond, or promissory note, under the corporate seal, and in the corporate name of such corporation, as evidence of the indebtedness, to secure which, such mortgage is directed to be made; and it shall be the duty of said Court, when granting such order or orders, to direct therein the application of the moneys arising from such sale, or procured under such contract, or upon such security as it shall be made to appear to said Court would be for the interest and advantage of such church, congregation, association, or society.

Three members.

Draw lots.

Vacancy.

Compensat❜n

CHAP. XCVI.-An Act concerning the Board of Supervisors of the
County of Tuolumne.

[Approved March 7, 1859.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the County of Tuolumne shall, after the terms of office of the present incumbents expire, consist of three members, who shall hold their offices for the term of three years, except as hereinafter provided.

SEC. 2. At the next general election, there shall be elected, in the County of Tuolumne, by the qualified electors thereof, three Supervisors-one to hold his office for the term of one year-one to hold his office for the term of two years-and one to hold his office for the term of three years; and at the first meeting of the Board of Supervisors of said County after their 'election, they shall draw lots for the terms, one, two, and three years respectively; and the Supervisor who draws one year shall hold office for one year from the time of his election; and the Supervisor who draws two years, and the Supervisor who draws three years, shall hold office for the term of two and three years respectively, or until their successors are elected and qualified; so that after the next general election there shall be annually elected one Supervisor, to hold office for the term of three years. SEC. 3. Whenever it becomes necessary to elect a Supervisor to fill any vacancy occasioned by death, resignation, or any other cause, the person elected shall hold his office for the unexpired term for which his predecessor was elected.

SEC. 4. The Supervisors of the County of Tuolumne shall receive, for their compensation, the sum of six hundred dollars per annum each; they shall do all the duties required of them by law to be done, and shall receive no other compensation for their services than is herein provided.

SEC. 5. The Supervisor filling the term nearest expiration Chairman. shall be Chairman of said Board; Provided, that in no instance shall this provision apply to a member of the Board elected to fill a vacancy, unless each member composing said Board shall have been elected to serve out an unexpired term.

SEC. 6. All Acts, or parts of Acts, inconsistent or in conflict Repealing with the provisions of this Act, are hereby repealed.

clause.

CHAP. XCVII.-An Act concerning the Offices of County Clerk, Sheriff, and County Recorder, of the City and County of San Francisco.

[Approved March 7, 1859.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Clerk of the City and County of San Fran- County cisco shall, from and after the thirty-first day of March, A. D. Clerk. eighteen hundred and fifty-nine, receive for all services required of him by law, in his said office, and ex officio offices, a salary at the rate of five thousand dollars per annum, which salary shall be in full for all services required of him, as aforesaid, and the money for the payment of the same shall be collected and paid him in the manner hereinafter provided.

SEC. 2. The Sheriff of the City and County of San Francisco Sheriff. shall, from and after the date named in section first of this Act, receive for all services required of him by law, in his office, a salary at the rate of ten thousand dollars per annum, which salary shall be in full for all services required of him as aforesaid, and the money for the payment of said salary shall be collected and paid him in the manner hereinafter provided.

SEC. 3. The Recorder of the City and County of San Francisco, Recorder. from and after the date named in section one of this Act, shall receive for all services required of him by law, in his said office, a salary at the rate of five thousand dollars per annum, which salary shall be in full for all services required of him as aforesaid, and the money for the payment of the same shall be collected and paid him in the manner hereinafter provided.

SEC. 4. The County Clerk of the City and County of San Deputy Francisco may be allowed the following Deputies or Copying Clerks. Clerks, who shall be paid and employed, as follows: One Chief Clerk, for the remainder of the present term of office of the County Clerk, and no longer, who shall receive a salary of two hundred and fifty dollars per month; one Register Clerk, in the Twelfth District, who shall receive a salary of two hundred dollars per month; one Court-room Clerk, who shall receive a salary of two hundred dollars per month, and one Assistant or Copying Clerk, in the office of the Clerk of said Twelfth District Court, who shall receive a salary of one hundred and fifty dollars per month; one Register Clerk, in the Fourth District Court, who shall receive

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