council, assemble within five days after their election, and choose a presiding officer from their Common number, and some suitable person as clerk. In case of the absence of the president, officers. they may elect a president pro tempore, who shall have all the powers, and perform all the duties of president; they shall, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the mayor at any time. A majority of the members shal: constitute a quorum to do business, but a smaller number may Quorum. adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council may previously by ordinance have prescribed; they shall judge of the qualification, elections, and returns of their own Organic powers. members, and the other officers elected under this act; they may determine contested elections; they may determine rules for their own proceedings; punish any member or other person, for disorderly conduct in their presence; and, with the concurrence of two-thirds of their number, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and at the desire of any member, shall cause the yeas and nays to be taken and entered on any question, and their proceedings shall be public. ordinances. 517. SEC. 11. The said city council shall have power to make by-laws and ordi- By-laws and nances not repugnant to the constitution and laws of the United States, or of this State; to prevent and remove nuisances; to provide for licensing, regulating, and restraining theatrical and other amusements within the city; to provide for licensing any or all business not prohibited by law; to fix the amount of license tax for the Legislative same; to regulate and establish markets; to establish a board of health; to cause the powers. streets to be cleaned and repaired; to establish a fire department, and to make regulations to prevent and extinguish fires; to regulate the inclosure of any common field belonging to or within the limits of the city; to provide for supplying the city with water; to impose and appropriate fines, penalties, and forfeitures for breaches of their ordinances; provided, that no fine shall be imposed of more than five hun- Proviso. dred dollars, and no offender be imprisoned for a longer term than ten days; to levy and collect taxes; to lay out, extend, alter, or widen streets or alleys; to establish and regulate a police; to make appropriations for any object of city expenditures; to erect and maintain poor-houses and hospitals; to prevent the introduction and spreading of diseases; and to pass such other by-laws and ordinances for the regulation of the police of such city as they shall deem necessary; which by-laws Publication. and ordinances shall be published in the manner to be prescribed by the city council. 518. SEC. 12. The city council shall have power to borrow money, and pledge the Power to borrow faith of the city therefor; provided, that the majority of the legal voters in said town money. or city shall so decide by an election; the notice of said election to be given by the Proviso. city council at least twenty days previous to said election; and, provided, that the Proviso. aggregate amount of the debts of the city shall never exceed three times its annual estimated revenue. 519. SEC. 13. The direct taxes imposed by the city council in any one year, shall Direct taxes. not exceed two per centum of the valuation of property within the city. 520. SEC. 14. Whenever it becomes necessary for the corporation to take private Condemning property for the purposes of laying out or altering streets or alleys, and the council private property. cannot agree with the owner thereof as to the price to be paid, the council may direct proceedings to be taken to ascertain the value of such property. Notice. 521. SEC. 15. To determine such value, a petition, in the name of the corporation, Petition for condemnation. shall be presented to the county court, at a regular term, particularly describing the property, and praying the appointment of commissioners to ascertain its value. If the owner is a resident of the county, he shall have personal notice of the application, and of the time at which it will be presented. If he be a non-resident of the county, the notice shall be given by publication, at least three months, in some weekly newspaper, printed in the county. The court, before hearing the application, shall have satisfactory evidence that notice, as required in the preceding section, has been given. When the owner is a non-resident of the county, the court may adjourn the application for such time as may be reasonable, and may direct further notice to be given. 522. SEC. 16. When satisfied that sufficient notice has been given, the court shall, Commissioners. by entry in its minutes, appoint five disinterested persons commissioners, to ascertain the compensation, specifying in the entry the time and place for the first meeting of the commissioners. 523. SEC. 17. The commissioners shall be sworn to discharge their duties faithfully Duties of and impartially. They shall view the premises, and ascertain and certify the compen- commissioners. sation proper to be paid to the owner for the property to be taken, and may, in their Entry on minutes. Effect of entry. Auditing of accounts. Salaries and fees. Ordinances. Veto power of mayor. Mayor's duties. Recorder's jurisdiction. Violation of ordinances. City marshal's duties. discretion, assess a reasonable sum, to be paid to the owner for costs and expenses. They, or a majority of them, shall make, subscribe, and file with the county clerk, a certificate of their assessments. The court, upon such certificate, and due proof that the amount determined has been paid to the party interested, or into court, shall cause an entry to be made in its minutes, describing the property, setting forth the ascertainment of compensation, and the payment as aforesaid. 524. SEC. 18. Upon such entry being made, the corporation shall be entitled to use and occupy the property as fully as if conveyed to it by the owner; a certified copy of this entry shall be recorded in the recorder's office of the county, in the like manner, and with the like effect, as if it were a deed of conveyance from the owner. 525. SEC. 19. All accounts and demands against said city shall be audited by the president of the common council, and no money shall be drawn from the city treasury unless upon the certificate of the president, by order of the council. The certificate shall be drawn upon the treasurer of the city, and shall specify the fund out of which the same is payable. The treasurer shall pay the same out of any money in his hands belonging to said fund. 526. SEC. 20. It shall be the duty of the common council to establish and fix the salaries of the mayor and other city officers, and also to fix a tariff of fees for the officers entitled to such, designating the fees which shall be allowed for each particular item of service, and cause the same to be published, in like manner with the ordinances passed by the said common council. 527. SEC. 21. Every ordinance which shall have been passed by the common council shall, before it become effective, be presented to the mayor for his approbation. If he approve it, he shall sign it; if not, he shall return it, with his objections in writing, to the common council, who shall cause the same to be entered upon its journals, and shall proceed to reconsider the same. If, after such consideration, two-thirds of all the members of the common council elect shall agree to pass the same, it shall become an ordinance. In all such cases, the votes shall be taken by yeas and nays, and the names of the members voting for and against the same shall be entered on the journal. If any ordinance shall not be returned by the mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become effective, as if the mayor had signed it. 528. SEO. 22. It shall be the duty of the mayor to communicate to the common council, at least once a year, and oftener if he shall deem it expedient, a general statement of the situation and condition of the city, in relation to its government, finances, and improvements; to recommend to the common council the adoption of all such measures connected with the public health, cleanliness, and ornament of the city, and the improvement of the government and finances, as he shall deem expedient; to be vigilant and active in causing the laws and ordinances of the city government to be duly executed and enforced; to exercise a constantsupervision and control over the conduct and acts of all subordinate officers, to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the common council, who shall act upon the same, and if they find the complaint to be true, shall have power to declare the office of the person so complained against to be vacant, and the same shall be filled as is hereinafter mentioned. 529. SEC. 23. The recorder, as to offenses committed within the city, shall have the like jurisdiction as is or may be conferred upon justices of the peace, to examine and commit persons brought before him, and charged with the commission of offenses within the limits of the city, to take recognizance to appear, to keep the peace, and to issue all such writs and processes as a justice of the peace may lawfully do, subject to all the rules governing justices of the peace. 530. SEC. 24. The recorder shall also have jurisdiction over all violations of the city ordinance, and may, according to the provisions of such ordinance, hold to bail, fine, or commit to prison, persons found guilty of any violation thereof. 531. SEC. 25. It shall be the duty of the city marshal, in addition to the duties prescribed to him by the common council, 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 appoint one or more deputies, who shall possess the same power and authority as the marshal; he shall arrest all persons guilty of a breach of the peace, and of a violation of the city ordinances, and bring them before the recorder for trial, and he shall possess superintending control over the city police; he shall, also, until otherwise provided by ordinance, perform all the duties of collector of city taxes. 532. Sɛc. 26. It shall be the duty of the assessor, in addition to the duties that Assessor's duties. may be prescribed to him, or them, by the common council, to make out within such time as the common council shall order, a correct list of all the property taxable, by law, within the limits of said city, with the valuation thereof, which list, certified by him or them, shall be returned to the common council. The mode of making out said list, and of ascertaining the value of property, and of collecting all taxes, shall be the same as prescribed by the law for assessing and collecting the State tax. duties. 533. SEC. 27. It shall be the duty of the city attorney to attend to all suits, mat- City attorney's ters, and things in which the city may be legally interested; to give his advice or opinion, in writing, whenever required by the mayor or common council, and to do and perform all such things touching his office, as by the common council may be required of him. duties. 534. SEO. 28. It shall be the duty of the treasurer to receive all moneys that shall Treasurer's come to said city, either by taxation or otherwise, and to pay the same out on the certificate of the president of the common council, and to do and perform all such other acts as shall be prescribed to him by the common council. He shall, on the first day of January, April, July, and October, of each year, make out and present to the mayor, a full and complete statement of the receipts and expenditures of the preceding three months, which statement the mayor shall cause to be published. and other officers. bonds. 535. SEC. 29. The common council shall have the power to create the office of City collector city collector, and such other offices as they may deem necessary; and to prescribe the duties of all city officers, subject to the provisions of this act. 536. SEC. 30. All city officers, before entering upon the duties of their office, shall Official oaths and take the oath of office. The marshal, attorney, assessor, and treasurer, shall also give bond, with sureties to be approved by the mayor, payable to the corporation by its corporate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their office; and the like bond may be required of any officer whose office may be created by ordinance. Should the bond of any city officer become insufficient, he may be required to give additional bond, and upon his failure so to do, his office shall be deemed vacant. 537. SEC. 31. On some day to be fixed by special act passed by the legislature, or First election. by order of the county court, an election shall be held to fill the offices created by this charter. At said election, the electors present shall appoint three persons to act as judges, who shall, with two clerks to be appointed by them (the said officers having been first sworn), conduct the election and declare the result. The persons who shall have received a plurality of votes for the several offices shall be declared duly elected, and the judges shall deliver to such persons certificates of election. The mayor, recorder, and councilmen, chosen at such election, shall be qualified within three days thereafter, and shall enter upon the discharge of their duties. The other officers elected shall qualify within ten days after the day of election. The said officers shall hold office until the first Monday of May next thereafter, and until their successors are elected and qualified. 538. SEC. 32. After the first election, the officers mentioned in the eighth section Time of election. of this act, and all others whose offices have been created by ordinance, shall be elected on the first Monday in May of each year, and their term of office shall be for Terms of office. one year, and until their successors are elected and qualified. In case of a vacancy in any city office, an election shall be ordered to fill the same. It shall be the duty of the council to order all elections, and to designate the place of holding the same; to give at least ten days' notice thereof, and to appoint an inspector of elections at each place of voting. The election shall be conducted according to the provisions of the act to regulate elections. If any inspector fail to attend, the electors present may appoint another in his stead. The returns of all elections shall be made to the common council, who shall declare the result thereof, and give certificates of election to the person chosen. office. 539. SEC. 33. If any person, elected to any city office, shall remove from the city, Vacancies in absent himself therefrom for more than thirty days, without leave from the council, or shall fail to qualify within ten days after the day of election, his office shall be deemed vacant. ments. 540. SEC. 34. Whenever the owners of a major part of the property, fronting on Street improveany street or avenue, desire to improve such street, by paving the same, or constructing sewers, or otherwise, the mayor and council may make such improvement, at the expense of all the owners of property on said street, which expense shall be in proportion to the number of feet owned by each one. An Act concerning the redemption of county and city bonds, approved May 14, 1862, 550. Ex officio clerk of courts of record. 12 Cal. 564. 20 Cal. 150. Oaths and bond. Clerk of County. An Act to define the duties of county clerk. Passed April 18, 1850, 261. 641. SECTION 1. The county clerk of each county in this State shall be ex officio clerk of the courts of record in and for his county. [Amendment, approved March 21, 1864; 1863-4, 197; took effect from passage; and all laws or parts of laws, general or special, in conflict, repealed. 542. SEC. 2. Each county clerk shall take the oath of office, and give bond to the State of California in the form prescribed by the "Act concerning the official bonds Amount of bond, of officers," conditioned for the faithful performance of the duties of his office. The penalty of the bond to be given by each county clerk shall be as follows: In the counties of San Francisco and Sacramento, thirty thousand dollars; in the counties of Calaveras, El Dorado, and Tuolumne, twenty thousand dollars; in the counties of Monterey, Santa Clara, Los Angeles, Yuba, Sutter, San Joaquin, and Mariposa, twelve thousand dollars. In each of the other counties of the State, six thousand dollars. 543. SEC. 3. Each county clerk may appoint one or more deputies, who shall have the same power in all respects as their principal. The appointment shall be in writing and signed by the county clerk, and shall be filed in the office of the recorder of the county; he may revoke the appointment of any deputy at will by writing filed in the same office. Each deputy before entering on his duties shall take the oath of office, which shall be indorsed on his appointment. Deputies Deputy's oath. Bond of deputy. Processes issued by deputies. Attendance on courts. Office. Holidays. Office hours. Duties. Liability on bond. Wilful malfeasance or nonfensance. Not to practice as attorney. 544. SEC. 4. The county clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties; but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy. 545. SEC. 5. All processes issued by any deputy clerk shall be issued in the name of the principal. 546. SEC. 6. The county clerk shall, either in person or by deputy, attend each term of the county court, district court, and probate court held in his county. [Amendment, approved March 21, 1864; 1863-4, 197; took effect from passage; and all laws or parts of laws, general or special, in conflict, repealed. 547. SEC. 7. The county clerk shall keep his office at the county seat of his county, and shall take charge of and safely keep or dispose of, according to law, all books, papers, and records, which are or may be filed or deposited in his office; and shall keep his office open, for the transaction of business, every day in the year, except Sunday, New Year's Day, Fourth of July, Christmas Day, Thanksgiving Day, and the days on which the general election and the special judicial election are held, from and including the hours of nine o'clock in the forenoon, to the hour of five o'clock in the afternoon. [Amendment, approved March 16, 1863, 56. 548. SEC. 8. He shall issue all writs and processes required to be issued from any court of which he is clerk; he shall enter, under the directions of the court, all orders, judgments, and decrees proper to be entered; and shall keep in each of said courts a docket in which shall be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent proceeding in said cause, with the date thereof, and a list of all the fees charged in the cause, and shall keep such other books of record as may be required by law or by the rules of the court. 549. SEC. 9. For any wrongful act or any omission to perform any duty imposed on him by law, the clerk shall be liable on his bond to any person injured. 550. SEC. 10. If any clerk shall knowingly and wilfully do any act contrary to the duties of his office, or shall knowingly and wilfully fail to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding two thousand dollars, and may be removed from office. 551. SEC. 11. No clerk or deputy clerk shall be permitted to practice as an attorney or counselor at law in any action or proceeding in any court whatever: for violating the provisions of this section he shall be deemed guilty of a misdemeanor. An Act concerning the transportation of prisoners to the State prison, approved April 21, 1856, 226. SEE PRISON OF STATE, post, 5686. An Act to ascertain and correct the errors and defects of the statute laws of this State, approved April 19, 1861, 195. SEE STATUTES, post, 6934. An Act concerning records of district courts. Approved April 13, 1863, 260. books. 552. SECTION 1. Every county clerk shall keep in separate volumes an index of all General index suits which may hereafter be commenced in the district court in and for his county, labeled "General Index-Plaintiffs," each page of which shall be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Plaintiffs," "Defendants," "Date of Judgment," Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page of Minute Book of District Court;" also, an index of all suits commenced in the district court in which his county is comprised, labeled "General Index-Defendants," each page of which shall be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Defendants," "Plaintiffs," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page in Order Book of District Court." index books. 553. SEC. 2. Whenever it shall appear to the satisfaction of any district judge, that District judge the index of cases commenced in the several counties of his judicial district are imper- may order new fect from age, wear, or otherwise, he may, in his discretion, direct an order to be entered in the minutes of the district court directing the county clerk to conform with the provisions of section one of this act. 554. SEC. 3. The county clerk shall receive as compensation for his services as Fees for aforesaid, fifty cents for each case so indexed, to be taxed and collected as other costs. indexing. SEC. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. This act shall take effect from and after its passage. [The foregoing act, so far as it applied to Solano County, was repealed by "An Act concerning the records of the district court of the seventh judicial district in and for Solano County," approved April 4, 1864; 1863-4, 477.] An Act to provide for recorders and auditors in certain counties in this State, and to legalize the acts of certain officers, approved March 18, 1864; 1863-4, 187. SEE OFFICES, post, 4762. An Act concerning the offices of clerk and recorder, approved April 4, 1864; 1863-4, 395. An Act in relation to proceedings in certain suits (embracing duty of clerk in relation to suits for delinquent taxes), approved April 4, 1864; 1863-4, 399. SEE REVENUE, post, 6483. An Act concerning moneys deposited in courts of record of this State, approved April 4, 1864; 1863-4, 468. SEE PRACTICE ACT, post, 5631. SPECIAL ACTS. 555. [In relation to the office of county clerk in some of the counties, special acts have been passed, references to which will be found under the heads of the counties. They are mostly for the purpose either of uniting the office with or separating it from some other office, such as recorder, &c. The following prescribe powers and duties differing from those of the general laws: An Act concerning the office of county clerk of Placer County, 1858, 29; 1863-4, 197. An Act concerning the office of county clerk of the City and County of San Francisco, 1862, 566; 1863-4, 135. An Act concerning the records and papers in the office of the county clerk of Placer County, 1863, 476.] Clerk of Supreme Court. An Act to authorize the clerk of the supreme court of this State to appoint deputies. Passed March, 1854, 18. deputies. 556. SECTION 1. The clerk of the supreme court of this State may appoint one or Appointment more deputies, who shall have the same power as their principals; the appointment and powers of shall be in writing, signed by said clerk, and shall be filed in the office of the secretary of State; he may revoke the appointment of any deputy at will, by writing, filed in the same office. Each deputy, before entering on his duties, shall take the oath of office, which shall be indorsed on his appointment. 557. SEC. 2. The said clerk may take from each of his deputies a bond, with sure- Bond of ties, for the faithful performance of his duties; but the said clerk and his sureties on deputies. his official bond shall be liable for all the official acts of each deputy. |