* Inapplicable to the Board of Education and the property of the school department. Act of the Legislature, April
26, 1858. See page 489.— [Compiler. I



508 SAN FRANCISCO DIRECTORY.

an Act to provide for the funding and payment of the Outstanding Unfunded Claims
against the City of San Francisco and against the County of San Francisco, as they
existed prior to the first day of July, A. D. eighteen hundred and fifty-six, approved
April twentieth, A. D. eighteen hundred and fifty-eight.

Second — Fo^' the School Fund, not to exceed thii-ty-five cents upon each one hun-
dred dollars' valuation aforesaid, which shall be applied to the payment of demands
authorized under the second and ninth subdivisions of section ninety-five of the act
as amended April eighteenth, eighteen hundred and fifty-seven.

JTiird — For the General Fund, not to exceed seventy cents upon each one hundred
dollars' valuation, as aforesaid, which shall be applied, first, to the payments of de-
mands authorized under the first, third, eleventh, twelfth, thirteenth, and fourteenth,
subdivisions of section ninety-five of the act as amended April eighteenth, A. D.
eighteen hundred and fifty-seven ; and for the payment of any sum authorized by
any special act ; and for the payment of any demands, not exceeding eight thousand
dollars* in any fiscal year, for the purchase and erection of hydrants, under the first
section of an act entitled an Act to provide for the purchase and erection of hydrants
in the City and County of San Francisco, approved March seventh, eighteen hundred
and fifty-nine; and after all the foregoing demands are provided for and satisfied, for
the payment of demands authorized under the fifteenth subdivision of section ninety-
five of the act as amended April eighteenth, eighteen hundred and fifty-seven ;
X>rovided, that all repairs for hydrants shall be paid out of the eight thousand dollars
as aforesaid.

Fourth — For the Street Light Fund, not to exceed seven and one half cents upon
each one hundred dollars, which shall be paid for lighting the streets of said city with
gas, and for the repair of lamps and posts; in pursuance of the provisions of the
present contract of said city and county with the San Francisco Gas Company, upon
demands to be audited and allowed.

Fifth — For the Street Department Fund, not to exceed ten cents upon each one
hundred dollars, which shall be paid for repairing and cleaning the streets and sewers
which may have been excepted by the Board of Supervisors, for constructing street
crossings, the salary of the Assistant Superintendent of Public Streets and High-
ways, and for such other objects relating to streets as shall be directed by law to be
paid therefrom. All moneys received from licenses on wheeled vehicles, from the in-
come on street railroads, and all fines received from the violation of any law, or laws,
of any city and county ordinances regulating the public streets, shall be paid into
said Street Department Fund ; and no money shall be transferred from either of the
said funds to another, nor used in paying any demands upon such other fund, until
all the indebtedness arising in any fiscal year and payable out of said funds so raised
for said fiscal year, shall have been paid and discharged. — [Act May 18, 1861, Sec. 14.

Sec. Y2. The said Board of Supervisors shall also constitute a Board of Equaliza-
tion for said city and county, and as such shall have the powers conferred by the
general laws regulating the assessment and collection of taxes, when not inconsistent
with the provisions of this act.f Appointments of officers or public agents required
by existing statutes, not repealed by this act, to be made on the noniination of the
Mayor, and confirmation by the Common Council of the city of San Francisco, shall,
after this act takes effect, be made in like manner on the nomination of the President
of the Board of Supervisors and a confirmation by said board.

Sec. 73. It shall be the duty of the Auditor, the Superintendent of Common
Schools, the Superintendent of Public Streets and Highways, Chief of Police and
Chief Engmeer of the Fire Department of said city and countv, to report to the
Board of Supervisors on the first Monday in February of each year, the condition of
their respective departments, embracing all their operations and expenditures during
the preceding year, and recommending such improvements in them as they may

*Amended. See Act April 26, 1862, page 521.
.„!Jif of ^'^°*^''! and taxation of property in the City and County of San Francisco are altogether reRulated by
pages 343 to 351 Revenue Act, approved May 17, 1861. See Statutes, 1S59, chap, cccxv.



APPENDIX. 509



deetn necessary. The Auditor shall also present to the Board of Supervisors at each
quarterly session, and must also publish the same, a statement of the exact condition
of tiie finances of said city and county, which must show the receipts into, and dis-
bursements made from the treasury during the preceding quarter, tlie amount of
money on hand and the amount of audited demands outstanding. Immediately after
the first Monday in February, the Board of Supervisors shall make up and publish an
abstract from these several reports and other sources of the operations, expenditures,
and conditions of all departments of government of the said city and county.

Sec. 74. The Board of Supervisors shall further have power, by regulation, or
order .

First — To regulate the police, and police force, of said city and county.

Second — To provide for the security, custody, and administration, of all property
of said city and county, without any power to sell or encumber tlie same, or lease any
part thereof for more than three years, except, however, that such personal property
belonging to the fire, street, or other departments, as they deem unsuited to the uses
and purposes for which the same was designed, or so much worn and dilapidated as
not to be worth repairing, may be sold, or exchanged, by order or resolution. The
said Board shall also have power, at their discretion, to appoint* a City and County
Attorney, learned in the law, and to prescribe and regulate his duties and obligations

Third — To provide, by regulation, for the prevention and summary removal of all
nuisances to public health, the prevention of contagious diseases, the prevention, [and]
summary removal, of all nuisances and obstructions in the public streets and high-
ways, and to provide for the destruction of dogs running at large in the public streets.

Fourth — To'provide for cases omitted in this act, and in conformity with the prin-
ciples adopted in it for opening, altering, extending, constructing, repairing, or other-
wise improving, of public streets and highways, at the expense of the property ben-
efited thereby, without any recourse, in any event, upon the city and county, or the
public treasury, for any portion of the expense of such works, or any delinquency of
the property-holders, or owners.

Fifth — Providing for lighting the streets. — [Amendment Act of April 26, 1862.]

Sixth — To regulate market-houses and market-places.

Seventh — To provide for the erection, repair and regulation, of wharfs and docks,
and fixing the rates of wharfage thereat.

Fif/hth — To provide for inclosing, improving, and regulating, all public grounds of
the city and county, at an expense not to exceed two thousand dollars per annum.

Ninth — To prohibit the erection of wooden buildings, or structures, within any fixed
limits where the streets have been established and graded, or ordered to be graded ;
to regulate the sale, storage, and use, of gunpowder, or other explosive, or combusti-
ble, materials and substances, and make all needful regulations for protection against
fire.

Tenth — To make such regulations concerning the erection and use of buildings as
may be necessary for the safety of the inhabitants.

Eleventh — To determine the fines, forfeitures, and penalties, that shall be incurred
for the breach of regulations established by the said Board of Supervisors, and also
for a violation of the provisions of this act, Avhere no penalty is affixed thereto, or
provided by law, but no penalty to be imposed shall exceed the amount of one thous-
and dollars, or six months' imprisonment, or both ; and every violation of any lawful
order, or regulation, or ordinance, of the Board of Supervisors of the city and county
of San Francisco, is hereby declared a misdemeanor, or public ofl!'ense, and all prose-
cutions for the same shall be in the name of the people of the State of California.

Twelfth — To regulate and provide for the employment of prisoners sentenced to
labor on the public works of said city and county.

Thirteenth — To license and regulate hackney-coaches, carriages, and other public
vehicles, and to fix the rates to be charged for the transportation of persons, baggage,

• Amended. See Act, March S.*), 1862, pnge 479.



510 SAN FRANCISCO DIRECTORY.

and property, therein ; and also to license and regulate porters employed in convey-
ing baggage for persons arriving in, and departing from said city and county, and to
prohibit the exercise of those employments without such licenses.

Fourteenth — To license and regulate all such callings, trades, and employments, as
the public good may require to be licensed and regulated, and are not prohibited by
law ; and all licenses granted in pursuance of the provisions of this act, or the pow-
ers therein delegated, shall be signed and issued by the Auditor of said city and coun-
ty, on production to him of the Treasurer's receipts for the sum required to be paid
therefor, which receipt shall also be entered and countersigned by the Auditor, as in
case of all other receipts for money paid into the treasury.

Fifteenth — To prohibit and suppress, or exclude, from certain limits, all houses of
ill-fame and prostitution, and all occupations, houses, places, amusements, and exhi-
bitions, which are against good morals, and contrary to public order and decency.

Sixteenth — To provide for the erection of a work-house, house of refuge, or house
of correction, and for the regulation and government of the same.

Seventeenth — To direct and control the fire department of said city and county in
conformity with the laws.

Eighteenth — To fix the fees and charges to be collected by the Surveyor of said
city and county for certificates of surveys for buildings, or other purposes, and by the
Superintendent of Streets and Highways, and any and all other municipal oflBcers,
where their fees are not otherwise fixed by law.

Nineteenth — To provide, by regulation, where it may be necessary, for carrying the
provisions of this act into eftect.

Twentieth — To provide for the care and maintenance of the indigent sick of said
city and county, but not to incur any expense therefor, exceeding the sum of three
thousand dollars a month.*

Twenty-First — To provide for the construction and repair of hydrants, fire-plugs,
cisterns, and pumps, in the streets, for public security and convenience.

Twenty- Second— [^Q^Qii\Q(i Act of April 26, 1862.]

Twenty-Third — To provide ways and means for the prosecution of the claims, in
the name of the city of San Francisco, to the public lands, now pending for the same.

Twenty-Fourth — To permit the laying down of railroad tracks, and the running of
cars thereon, along any street, or portion of street, for the sole purpose of excava-
ting and filling in a street, or portion of a street, or adjoining lots, and for such limi-
ted time as may be necessary for the purposes aforesaid, and no longer. — [Act May
18, 1861, Sec. 15.]

The term " construction of a street," as used in this act, shall include any, or all,
of the following, viz: Grading, sewering, paving, piling and capping, planking, ex-
cavating, filling in, and other incidental matters, necessary to make a street, or part
of a street, in perfect condition in the first instance, including sidewalks, crosswalks,
street crossings, or intersections of streets. The term " repairs of streets," as used in
this act, includes all manner of necessary improvements of any street, or part of a
street, including sidewalks and crossings, or intersections of streets, and, also, keep-
ing the same in order, after the same has been accepted as in this act provided. The
term " main streets," as used in this act, mean such streets as bound a block. The
word " block " shall mean the blocks which are known and designated as such on
the map and books of the Assessor of said city and county. — [Act May 18, 1861,
Sec. 16.]

The publication of all notices required by the provisions of this act, shall be made
in the newspaper doing the printing for said city and county. — [Act May 18, 1861,
Sec. 17.]

Supplemental XIII. — Act to define the Powers and Duties of the Board of Super

visors, etc. Approved April 10, 1857.
Sec. 1. The Board of Supervisors of the city and county of San Francisco, shall

* Amended. See Act, April 26, 1852, page 521.



APPENDIX. 611



have power to appoint a committee, consisting of three menibers of said Board, to
bo denominated tl»e "Finance Committee," and to fill all vacancies which may
happen in said committee by new appointments, from time to time. Said committee
in addition to the ordinary duties of the Finance Committee of said Board, shall
have the power as hereinafter specified.

Sec. 2. The Clerk of the Board of Supervisors shall be Clerk of the Finance
Committee, after the expiration of six months from the passage of this act, and
during said intermediate period of six months, the said committee shall have power
to appoint a Clerk, who, during the time that he shall be actually employed, shall
receive a salary of two hundred dollars a month, which amount shall be understood
to cover all expenses for books, stationery, lights, fuel, and contingencies, which may
be necessary for the use of said committee, and shall be paid out of the General
Fund, upon demand on the Treasury of said city and county of San Francisco, after
being first approved by the committee, and allowed and registered by the Auditor,
like other similar demands.

Sec. 3. The Clerk of said committee shall keep a record of its proceedings with
the names of witnesses examined, and a substantial account of the evidence taken.
It shall be the duty of the SheritF, or any Constable, or Policeman, of said city and
county, to execute the lawful process and orders of the said committee. The said
committee may visit any of the public offices when, and as often, as they think
]iroper, and make their examinations and investigations therein, without hindrance.
In the exercise of its functions, the concurrence of two members of the committee
shall be deemed suflicient.

Sec. 4. It shall be the duty of the committee to proceed forthwith to examine
and settle all the accounts and transactions of the Treasurer of said city and county,
and to make out and state two distinct accounts, the one embracing his transactions
from the first Monday in October, 1855, to the first day of July, 185C, and the other
embracing those of the period from the said first day of July to the time of said
settlement ; and the said committee shall ascertain, determine, and state the true
balance of said accounts.

Sec. 5. After the settlement of the accounts and transactions of the present
Treasurer of said city and county, the said committee shall proceed in like manner to
investigate and settle the transactions and accounts of the Treasurers, Auditors, Con-
trolers, and Tax Collectors of the city and of the county of San Francisco, who were
in office during the two terms next preceding those of the present incumbent, and
also of the present Auditor and President of the Board of Supervisors.

Sec. 6. The said committee shall hereafter, as often as may be required, by order
of the Board of Supervisors, investigate the transactions and accounts of all officers
having the collection, custody, or disbursement of public money, or having the power
to api)rove, allow, or audit demands on the treasury, and report thereon to the
Board of Supervisors, and for the purpose, shall continue to have and exercise all
the powers granted in this act. But nothing in this act contained, shall be con-
strued to relieve the Auditor, President of the Board of Supervisors, or other officers,
from any of the duties and obligations now imposed on them by law.

Sec. 7. The said committee, and the Clerk, shall have free access to any records,
books, and papers in all public offices. And said committee shall have the same
power as courts of record, to administer oaths and affirmations, to examine witnesses,
and compel their attendance before them, by subpena, and attachment for contempt,
in case of their refusal to appear or to testify when lawfully required, and shall have
the like power to punish as for contempt, any officer, ex-otficer, or other person, who
shall refuse or neglect, when required in writing, by said committee, to exhibit any
official records, books or papers in his custody, or to explain the same, or any official
transaction of his own, or of any other officer so far as he may be able.

Sec. 8. If, from the examination made by the Finance Committee, in pursuance
of the powers granted by this act, it shall appear that a misdemeanor in office, or a
defalcation lias been committed by any officer of said city and county, whose accounts



512 SAN FRANCISCO DIRECTORY.

and transactions they are authorized to examine as aforesaid, said committee shall
immediately report the same to the President of the Board of Supervisors, who shall
immediately cause said report to be published, in at least two daily newspapers,
published in the city of San Francisco, for the period of three days.

Supplemental XIV. — Act to confer further powers, etc. Approved April 23, 1858.

Sec. 1. The Board of Supervisors of the city and county of San Francisco have
further powers confered upon them as follows :

First. To order paid any final judgment against said city and county out of the
Surplus Fund.

Second. To allow and order paid, out of the General Fund, from the first day of
April, one thousand eight hundred and fifty-eight, and the first day of July, one thou-
sand eight hundred and fifty-nine, sums not exceeding, in the aggregate, twelve thou-
sand dollars, and the sum of six thousand dollars in any one fiscal year thereafter, for
repairs upon that portion of the streets around the public squares, school lots, and in
front of public buildings, for which individuals are not now by law liable, the expen-
ditures being first authorized by order of the said Board of Supervisors, — [Amend-
ment, March 15, I860.]

Ninth. To appoint two persons Collectors of Licenses, who shall have and exercise
the same powers as police officers in serving process or summons, and in making
arrests; whose salaries shall not exceed one hundred and twenty-five dollars per month,
to be fixed by said Board of Supervisors. The said Board of Supervisors shall have
power to make all needful rules and by-laws regulating the official conduct or duty of
said persons, who shall be appointed License Collectors, and alter or amend the same,
from time to time, in such manner as they may deem proper.

Fourteenth. To order constructed a common pound for estrays, and to provide for
the taking up and impounding of all animals running at large within the streets of
said city and county, north of Johnston Street and east of Larkin Street ; provided,
the cost of the construction of said pound shall not exceed five hundred dollars, which
sum, or so much thereof as may be necessary, may be paid out of the General Fund
by order of said Board of Supervisors. The said Board shall have power to make all
needful rules and regulations necessary for the proper management and control of said
pound, and may appoint one or more Pound-Keepers, who shall be paid out of the
fines imposed and collected of the owners of any animals impounded, and from no
other source.

Seventeenth. To cause repairs to be made on the City Hall, the aggregate expense
of which shall not exceed one thousand dollars; and cause to be built a parapet, or
fence, on the top of the County Jail of said county, the cost of which shall not exceed
one thousand dollars, and order the expense and cost paid out of the General Fund ;
and, also, to cause all needful repairs to be made on all public buildings, and order the
expense of such repairs to be paid out of the Surplus Fund.

Twentieth. To ordain, procure, and use, a common seal, to be used at pleasure, as
the official seal of the said city and county of San Francisco, the cost of which seal
shall not exceed fifty dollars, to be paid out of the General Fund, by order of said
Board of Supervisors.

Twenty-second. To have power to appoint an Assistant Prosecuting District Attorney,
who shall hold said office during the pleasure of said Board. The said Assistant shall
also be the Prosecuting Attorney for the Police Court of said city and county, and
shall receive a salary as such Assistant and Prosecuting Police Attorney of twenty-four
hundred dollars per annum,* payable monthly out of the General Fund which shall be
in full for all services rendered for said city and county, or for either of them.

Twenty-third. The said Board of Supervisors may make all needful rules and po-
lice regulations for the safety and well ordering of all omnibus lines in the city and
county of San Francisco.

♦Increased to $250 per month. See Act April 26, 1862, page 521.



APPENDIX. 513



Tweiity-foiirtli. Tlio said Board of Supervisors arc authorized and empowered, in
their discretion, to allow to the Clerk of said Board an increase of salary, to the amount
of twenty-five dollars per month, to be paid out of the Oeneral Fund, and to allow
said Clerk to appoint an assistant, who shall be paid by said Clerk for all services
said assistant may render him.

Twenty-fiftli. The said Supervisors are authorized and empowered, in tlieir discre-
tion, to allow to the Deputy County Treasurer of said city and county, an increase of
his present salary to the amount of four hundred dollars per annum, to be paid out
of the General Fund.

(The remaining divisions of this act refer to the auditing of claims, etc.)

Supplemental XV. — Act to confer further 2)owers, etc. Ai^proved^ April \%^\%5^.

Sec. 1. The said Board is hereby authorized and empowered to lease the Mechan-
ics' Institute any lot or lots of land under their control they may deem proper, (except-
ing all schools lots, and Portsmouth Square,) for the use of said Institute, to erect
temporary buildings for the holding of fairs, and other purposes.

The said Board are hereby authorized to allow and ordered paid out of the General
Fund, for the repairs to the outer half of streets constituting the water-front of said
city and county, as provided in section thirty-eight of "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," approved April
nineteenth, one thousand eight hundred and fifty-six ; the Auditor to audit, and the
Treasurer to pay, suras not exceeding in the aggregate, three thousand dollars during
any one fiscal year.

(The remaining subdivisions of this act provide for the payment of certain claims.)

Supplemental XVI. — Act siipjilementary to Act coyiferring further powers, ajyproved
April 23, 1858. Approved April 27, 1860.

Sec. 1. The Board of Supervisors of the city and county of San Francisco, have
hereby further powers conferred upon them as follows :

First. To allow and order paid out of the General Fund, not exceeding the sum
of six thousand dollars in any one fiscal year, for repairs and improvements of streets
fronting upon the water- front of the city, as defined by an act entitled "An Act to
piovide for the disposition of certain property of the State of California," passed
March twenty-sixth, one thousand eight hundred and fifty-one.

Second. To allow and order paid out of the General Fund, not exceeding the sum
of twelve thousand dollars, in any one fiscal year, for repairs to, and improvements
upon, streets and sewers in front of property belonging to the city, other than those
mentioned in the previous subdivision of this section ; p>^'Ovided, that for the fiscal
year one thousand eight hundred and fifty-nine and one thousand eight hundred and
sixty, the Board shall allow and order paid out of the General Fund a further sum,