sooner, at the option of the said Board of Education, and bonds shall draw interest at
the rate of ten per cent, per annum. The interest payable semi-annually on the first
days of January and July, either in the cities of New York or San Francisco.
Sec. 2. As soon as the bonds are issued, the Superintendent of Common Schools
and the Board of Education are liereby authorized to sell the said bonds, and pay
the proceeds thereof into the treasury of the city and county of San Francisco, to the
credit of the School Fund ; and it shall constitute a part of the same, and shall be
appropriated and paid out upon the orders of the Board of Education, in the same
manner as provided by law for the payment of demands upon the School Funds, for
the sole purpose of erecting school buildings, purchasing lots, fencing and improving
the same, for the use of the public schools of said city and county.
Sec. 3. In order to secure the payment of the interest and principal of said bonds,
it shall be the duty of the Treasurer of said city and county to set apart annually, out
of the first moneys coming into the treasury of said city and couiity, to the credit of
the School Fund, a sum sufficient to pay the semi-annual interest, also the sum of five
thousand dollars (85,000) as a Sinking Fund for the redemption of said bonds.
Sec. 4. It shall be the duty of the Superintendent of Common Schools and
Treasurer of said city and county, to advertise from time to time for thirty days in
two daily papers in the City of New York, and also in the City of San Francisco, for
proposals to redeem or surrender said bonds, upon the best terms, not exceeding their
par value, and report to the Board of Education, who shall immediately thereafter
order paid the amount necessary to redeem the bonds so offered, and shall issue
audited demands in the usual form ; and the Auditor of said city and county is hereby
authorized to require and audit, and the City and County Treasurer to pay, the same
out of the Sinking Funds in his hands ; provided, the amount of such demands shall
not exceed the money in the treasury to the credit of said Sinking Fund. And if the
tender to redeem be not equal to the amount of money to the credit of the Sinking
Fund, then the said Superintendent of Common Schools and the Treasurer shall
have power to loan any money to the credit of any Sinking Fund for redemption of
school bonds, in the security of any of the bonds of the city and county of San
Francisco, or the State of California, at the best rates of interest obtainable.
Sec. 5. Amends subdivision two of section one of Act to confer further powers
upon the Board of Supervisors, etc. Approved April 23, 1858.
Sec. 0. The Board of Education of the city and county of San Francisco are
authorized to prohibit any child under six years of age from attending any public
school in said city and county.
Sec. v. The Board of Education shall also bo authorized to draw warrants in the
usual form, upon the General Fund, and it shall be the duty of the Auditor to audit,
and the Treasurer to pay from said fund any sum not exceeding five hundred dollars
to fit up an office for the Superintendent and the Board of Education, and also any
sum not exceeding one hundred dollars per month for the rent of said office.
Sec. 8. The Board of Education shall also be authorized to draw warrants upcn
the School Fund in such sums as they may deem necessary, not exceeding three
hundred dollars, monthly, for the sole purpose of paying Janitors to take care of
school buildings.
492 SAN FRANCISCO DIRECTORY.
Sec. 9. Repealed by section six, Act April 25, 1861. [See Sup. Act X, p. 492.]
Sec. 10. All acts or parts of acts, contrary to or inconsistent with the provisions
of this Act, are hereby repealed.
Sec. 11. The Board of Education are hereby authorized to draw a warrant, not
to exceed the sura of five hundred dollars, payable out of the School Fund, to defray
the expense of printing the bonds authorized by this act.
Supplemental VIII. — Act supplementary to Acts to confer further powers, etc. Ap-
proved April 23, 1858, and March 15, 1860. Approved April 13, 1860.
Sec, 1. The bonds authorized to be issued by the Act entitled as above, shall be
signed by the President of the Board of Education and the Superintendent of Com-
mon Schools of the city and county of San Francisco, and the coupons attached
thereunto, shall be signed by the Superintendent of Common Schools.
Sec. 2. The faith and credit of the city and county of San Francisco are hereby
pledged for the redemption of said bonds and the payment of the Interest and Sinking
Fund, as provided in said act.
Supplemental IX. — Act concerning Taxes for the Support of Common Schools.
Approved April 16, 1857.
Sec. 1. All persons now or hereafter owing taxes, heretofore or hereafter levied
for the support of Common Schools in and for the city or the county of San Francisco,
or the city and county of San Francisco, are hereby authorized and required to pay
the same, at any time after the same shall have been levied according to law, to the
Treasurer of the said city and county of San Francisco, who shall receive the same
whenever offered or tendered at his office, and the same shall be payable either in
cash or in legally audited demands, on the School Fund of said city of San Francisco,
or said city and county of San Francisco. Provided, however. That no such audited
demands shall be receivable, except for the fiscal year in which such demands
become due.
Sec. 2. A list of all taxes levied for the support of Common Schools in said city
of San Francisco, and said city and county of San Francisco, remaining due and un-
paid, shall be delivered to the Sheriff or Tax Collector of said city and county at the
same time when other State and City and County taxes shall become delinquent, and
the collection thereof shall be enforced in the same manner and at the same time as
may be provided by law for the collection of delinquent taxes levied for State and
County purposes.
Sec. 3. The assessment rolls and tax books, whether in the possession of the
Sheriff, Tax Collector, or other persons, shall at all times be open to the inspection
and examination of the Superintendent of Public Schools or any member of the Board
of Education of the said city and county of San Francisco, and it shall be the duty
of the Tax Collector, Assessor, Sheriff, or other person having the custody thereof, to
make out and deliver to the Board of Education, or to such persons as may desire to
pay the same, a correct list, bill or account, of all taxes due and unpaid in said city
and county of San Francisco for school purposes, remitting his fees thereon, if any,
to be deducted when other taxes are collected.
Supplemental X. — Act to confer further powers upon the Board of Education, etc., etc.
Approved April 25, 1861.
Sec. 1. The Board of Education and the Superintendent of Common Schools
of the city and county of San Francisco, are hereby authorized and empowered to
issue school bonds, in a sum not exceeding twenty-five thousand dollars, payable ten
years from the first day of March, eighteen hundred and sixty, or sooner, at the
option of the Board, which bonds shall be signed by the President of the Board of
Education and Superintendent of. Common Schools of said city and county, and the
APPENDIX. 493
coupons thereto attached sliall be signed by the said Superintendent ; and such bonds
shall draw interest at the rate of ten per cent, per annum, which interest shall be
payable semi-annually, on the first days of January and July, either in the city of
New York or San Francisco.
Sec. 2. So soon as said bonds are issued, the Board of Education and Superin-
tendent of Common Schools of said city and county are authorized to sell the same,
or any part thereof, to the higliest bidder therefor, and pay the proceeds thereof into
the treasury of said city and county, to the credit of the School Fund, and they shall
constitute a part of the same, and shall be paid out in the mannerjiow provided by
law lor the payment of demands upon the said fund, for the sole purpose of erecting
school buildings, purchasing lots, and for fencing and improving the same, for the use
of the public schools of said city and county.
Sec. 3. To secure the payment of the principal and interest of said bonds, it shall
be the duty of the Treasurer of said city and county to set apart, annually, out of the
first moneys coming into the treasury to the credit of the School Fund, the sum
sufficient to pay the semi-annual interest on said bonds, and, also, the sum of twenty-
five hundred dollars, as a Sinking Fund for the redemption of said bonds.
Sec. 4. It shall be the duty of the Superintendent of Common Schools and
Treasurer of said city and county, to advertise, from time to time, for thirty days, in
two daily papers in the city of San Francisco, for proposals to surrender such bonds
upon the best terms, not exceeding their par value, and to report the same to the said
' Board, who shall immediately thereafter order paid the amount necessary to redeem
the bonds so offered, and shall issue audited demands therefor in the usual form.
The Auditor of said city and county is authorized and required to audit, and the
Treasurer to pay, the same out of the Sinking Fund in his hands set apart therefor ;
and if such proposals to surrender bonds do not equal the amouut of such Sinking
Fund, then the Superintendent of Common Schools and Treasurer shall have power
to loan any balance remaining thereof, upon the security of any bonds of the city, or
of the city and county of San Francisco, or of the State of California, at the best
rates of interest obtainable therefor ; such interest when paid, to be entered by the
Treasurer to the credit of the School Fund of said city and county, and to form a
part thereof.
Sec. 5. The faith and credit of the city and county of San Francisco are hereby
pledged for the redemption of said bonds and the payment of the Interest and
Sinking Fund as provided in this act.
Sec. 6. The Superintendent of Common Schools of the city and county of San
Francisco is hereby declared and constituted ex officio a member of the Board of
Education, without the right to vote, authorized to appoint a Clerk, subject to the
approval of the Board of Education, who shall also act as Secretary of the Board, to
be paid a salary, not exceeding the sum of one hundred and fifty dollars per month,
which, within this limit, shall be determined by the Board of Education of the said
city and county ; and the Auditor and Treasurer are authorized and required, respec-
tively, to audit and pay out of the School Fund, the salary of said clerk, as fixed by
said Board, which clerk shall be subject to removal at the pleasure of the Superin-
tendent.
Sec. 7. The Board of Education of the said city and county are hereby authorized
to lease, at the highest rates obtainable, for a term not exceeding ten years, any un-
occupied property belonging to the School Department, not required for the use of
the public schools. The proceeds arising from said leases, shall be paid to the Treas-
urer of the said city and county, and by him be placed to the credit of the School
Fund, and form a part thereof.
Sec. 8. Amends section thirty-three of the Consolidation Act. Approved April
19, 1856.
Sec. 9. Amends section three of an Act granting further powers to the Board of
Education. Approved April 26, 1858.
Sec. 10. The Board of Education, Auditor, and Treasurer, of said city and county
494 SAN FRANCISCO DIRECTORY.
are hereby authorized and required, respectively, to order paid, audit, and pay, out of
the School Fund, in the usual manner, the salary of the Secretary of the Board of
Eklucation and the compensation of School Marshals, as now fixed by law ; and, also,
to order paid, audit, and pay, a sum not exceeding three hundred dollars, for printing
the bonds authorized by this act ; also, to order paid, audit, and pay, out of the School
Fund of the fiscal year ending June thirtieth, eighteen hundred and sixty-two, any
demands against the School Fund which may remain due and unpaid on the thirtieth
day of June, A,D. eighteen hundred and sixty-one, and any moneys pertaining to that,
or prior fiscal years, may be placed to the credit of said fund for the fiscal year ending-
June thirtieth, eighteen hundred and sixty-two, and shall form a part thereof ;
provided, that nothing in this act shall be construed to authorize any assessment of
taxes for school purposes in said city and county, exceeding, or additional to, the rate
now fixed by law, to wit : the rate of thirty-five cents on each one hundred dollars'
valuation on the assessment roll, as contained in section thirty-three, subdivision three,
and section seventy-one of an act entitled " An Act to repeal the several Charters of
the City of San Francisco, to establish the Boundaries of the City and County of
San Francisco, and to Consolidate the Government thereof," passed April nineteenth,
eighteen hundred and fifty-six, and in the several acts supplementary thereto and
amendatory thereof.
Sec. 11. The Board of Supervisors of the city and county of San Francisco are
hereby authorized and required, w'ithin twenty days after the passage of this act, to
assess upon the real estate and personal'property within the said city and county an
amount of ten cents on each one hundred dollars of valuation, for the support of
common schools therein, in additon to any former assessment of the present fiscal
year, which sum shall be incorporated with such former assessment, and shall be in all
respects as valid as though it liad been included within said assessment, and had been
made at the time hitherto provided by law ; and, ])rovided, that such former assessment
shall be valid to all intents, anything in this act to the contrary notwithstanding.
SuppEMENTAL XI. — An Act to cotifer further Powers upon the Board of Education of
the City and County of San Francisco, and for other purposes therein mentioned.
Approved May 2, 1862.
Sec. 1. The Board of Education of the City and County of San Francisco shall
have power, in addition to the powers already allowed by law, to insure any or all
schoolhouses, furniture and apparatus, owned or used by the School Department, as
the Board, in its judgment, may deem necessary ; to fix the rate of salaries payable
out of the School Funds, and to require that all teachers whose salaries are payable
out of said funds, previous to their being employed, shall be rigidly examined before
the said Board, or a committee of its members appointed for that purpose, or by the
Superintendent; to purchase a fire-proof iron safe, for the use of the Board and the
safe custody of the books, papers, and records, of the School Department, at an ex-
pense not exceeding two hundred and fifty dollars; to expend a sum, not exceeding
two hundred and fifty dollars per annum, in addition to the amount at present allowed
by law, for procuring the necessary blanks, blank books, and printing, for the Super-
intendent of Common Schools and the said Board ; and a further sum, not exceeding
four hundred dollars per annum, for incidental expenses.
Sec. 2. The Common School Fund of said city and county is hereby declared
exempt from the payment of all fees, commissions, or per centage, which are now
or may hereafter be allowed for the collection of the school tax.
Sec 3. All demands accruing under this act, shall, after having passed said
Board, be allowed, audited, and paid out of the School Fund ; and the Auditor of
said city and county, and the Treasurer thereof, are hereby authorized and directed
to allow, audit, and pay the same demands as herein provided.
APPENDIX. 495
ARTICLE IV.
PUBLIC STREETS AND HIGHWAYS.
[Sections 36 to 64, inclusive, are repealed by the following act passed April 25,
1862, which is substituted therefor.]
Sui'PLEMENTAL XII. — An Act amend atoTij of Article Fourth of an Act entitled an Act
to repeal the several Charters of the City of San Francisco, to establish the Bound-
aries of the City aud County of San Francisco, and to consolidate the Government
thereof a2)j)rcved the nineteenth day of April, eiyhtecn hundred ami fifty-six, repeal-
ing sections thirty-six to sixty-four, inclusive, and Acts and parts of Acts amendatory
and suppletnentary thereof, and substituting this Act foi- said Article Four. Ap-
2)roved April 25, 1862.
Section 1. All the original streets, as laid down upon the map now in the office 1
of the City and County Surveyor of the City and County of San Francisco, signed
by C. H. Gough, Michael Hayes, and Horace Hawes, Commissioners, and by John
J. Hotf, Surveyor, and generally known as the "Van Ness Map," and all other streets,
lanes, alleys, places, or courts, now dedicated to public use, or which shall be here-
after dedicated to public use, lying between the Bay of San Francisco and Johnston
and Larkin streets, including the two last named streets, are hereby declared to be
open public streets, lanes, alleys, places, or courts, for the purposes of this law ; and
the Board of Supervisors of said city and county are hereby authorized to employ
the City and County Surveyor to ascertain and establish the lines and width of all or
any of said streets, lanes, and alleys, and the sizes of said places or courts, when they
â– hall deem it necessary so to do.
Sec. 2. The Board of Supervisors shall have power to lay out and open new
streets, within the corporate limits of the City and County of San Francisco, and
west of Larkin and southwest of Johnston streets, in accordance with the conditions
of the ordinance of the Common Council of said city, approved June twentieth,
eighteen hundred and fifty-five, entitled an Ordinance for the Settlement and Quieting
of Land Titles, but shall have no power to subject the city and county to any expense
therefor, exceeding the sum of one thousand dollars, and, when so laid out and
opened, the provisions of this Act shall be applicable thereto.
Sec. 3. The Board of Supervisors are hereby authorized and empowered to order
the whole, or any portion, of the said streets, lanes, alleys, places, or courts, graded,
or regraded, to the official grade, planked, or replanked, paved, or repaved, or mac-
adamized, piled, or replied, capped, or recapped, and to order sidewalks, sewers,
cesspools, manholes, culverts, curbing, and crosswalks, to be constructed therein, and
to order any other work to be done which shall be necessary to make and complete
the whole, or any portion, of said streets, lanes, alleys, places or courts, and they may
order any of the said work to be improved. The work provided for in this Act shall
not be deemed to be " specific improvement," within the meaning of section sixty-
eio-ht. Article V., of Chapter One Hundred and Twenty-Five, of the Act entitled an
Act to repeal the several Charters^ of the City of San Francisco, to establish the
Boundaries of the City and County of San Francisco, and to consolidate the Govern-
ment thereof, approved April nineteenth^ eighteen hundred and fifty-six. Nor shall
the ordinances or resolutions passed by the said Board of Supervisors, under the pro-
visions of this Act, be deemed to be such ordinances or resolutions as are mentioned
in said section sixty-eight.
Sec. 4. The Board of Supervisors may order any work authorized by section
three of this Act, to be done, after notice of their intention so to do, in the form of a
resolution, describing the work, and signed by the Clerk of said Board, has been pub-
lished for a period of ten days. At the expiration of any notice of intention, as
hereinbefore provided, the Board of Supervisors shall be deemed to have acquired
jurisdiction to order any of the work to be done, or to be afterwards improved, which
496 SAN FRANCISCO DIRECTORY.
is authorized by section three of this Act ; and all owners of lands or lots, who may-
feel atjgrieved, or who may have objections to any of the subsequent proceedings of
the said iioard in relation to the work mentioned in such notices of intentions, shall
file with the said Clerk a petition or remonstrance, wherein they shall state in what
respect they feel aggrieved, or the proceedings to which they object; said petition or
remonstrance shall be passed upon by the said Board of Supervisors, and their deci-
sion thereon shall be final and conclusive. The owners of more than one half in
frontage of the lots and lands fronting on the work proposed to be done, and desig-
nated in said resolution, may make written objections to grading and to piling,
capping, and planking, within ten days after the first publication of said resolution.
Said objection shall be delivered to the Clerk of the Board of Supervisors, who shall
indorse thereon the date of the reception by him ; and such objections so indorsed,
shall be a bar to any further proceedings in relation to said grading, for a period of
six months, unless the owners, as aforesaid, shall sooner petition for said grading to
be done ; provided, that when one half, or more, in width, or length, of any street,
lying and being between two main street crossings, have been already graded, said
Board of Supervisors may order the remainder graded, notwithstanding the objec-
tions of property owners fronting thereon. Before passing any order for the con-
struction of sewers — plans, specifications, and careful estimates, shall be furnished the
said ]5oard of Supervisors by the Superintendent of Public Streets and Highways of
the City and County of San Francisco, if required by them.
Sec. 5. The owners of more than one half in frontage of lots and lands fronting
on any street, lane, alley, place, or court, mentioned in sections one and two of this
Act, or their duly authorized agents, may petition the said Board of Supervisors to
order any of the work mentioned in section three of this Act, to be done, and the
Board of Supervisors may order the work mentioned in said petition, to be done,
after notice of their intention so to do has been published, as provided in section four
of this Act. No order or permission shall be given to grade or pile and cap any
street, 'ane, alley, place, or court, in the first instance, or any portion thereof, without
extending and completing the same throughout the whole width of such street, lane,
alley, place, or court ; when any such work has heretofore been done, or when any
such work shall hereafter be done, in violation of this section, neither the lots, or
portions of lots, in front of which such work has been or may be done hereafter, nor
the owners thereof shall be exempt from assessments made for the payment of the
\rork afterwards done to complete said street, lane, alley, place, or court, to its full
width, as provided in section eight of this Act,
Sec. 6. Before giving out any contracts by the Board of Supervisors, for doing any
work authorized by section three of this Act, the Board of Supervisors shall cause
notice to be conspicuously posted in the ofiice of the Superintendent of Public Streets
and Highways, and also published for five days, inviting sealed proposals for the work
coQtemplated. All proposals ofiered shall be delivered to the Clerk of the Board
of Supervisors, and said Board shall, in open session, open, examine, and publicly
declare the same, and award said work to the lowest responsible bidder ; provided,
said Board may reject any and all bids, should they deem it for the public good, and
also the bid of any party who may have proved delinquent or unfaithful in any
former contract with the said city and county. All proposals shall be accompanied
with a bond in the sum of two hundred dollars, signed by the bidder and two sureties,
who shall justify in the manner hereinafter provided, conditioned to pay to the Street
Department Fund the full sum of two hundred dollars as liquidated damages, if the
bidder to whom the contract is awarded shall fail or neglect to enter into a contract,
as hereinafter provided. It shall be the duty of sad City and County Attorney to
sue on said bonds, in the name of said city and county, and to pay the amount
recovered over to said fund. The Board of Supervisors shall have power to relieve
the contractor from the performance of the conditions of said bond, when good cause
is shown therefor. All persons, (owners included,) who shall fail to enter into con-
tracts, as herein provided, are hereby prohibited from bidding a second time for the
APPENDIX. 497
same work. Notice of such awards shall be published for five days. The owners of