delivery to him of his certificate of election or appointment [file] an official bond in such sum as the Council may by resolution, approved by the Mayor or passed over his veto, direct, payable to the City, which bond shall be subject to the law concerning official bonds of officers. All official bonds shall be approved by the Mayor and City Attorney (except that of the Mayor, which shall be approved by the Treasurer and City Attorney, and also except that of the City Attorney, which shall be approved by the Mayor and Treasurer), the approval to be endorsed thereon; and said bonds shall be filed and kept in the office of the Auditor, and must also be recorded forthwith at the expense of the party giving the same, in the office of the City Clerk, in a book kept for that purpose. The official bond of the Auditor, after recording, shall be kept on file in the office of the Mayor. The City Council may, at any time, require an additional amount or new sureties upon any official bond which it may determine insuffiicient; and must require an additional bond or new sureties whenever a surety thereon shall die or become insolvent or cease to be a resident of the State. If such additional bond or additional security be not given, the Council upon notification thereof by the Mayor, must declare the office vacant; and as soon as such declaration is made, the office becomes vacant. No official bonds shall be approved unless the sureties thereon shall justify in the manner provided for in the Political Code for the justification of the official bonds of county officers; and all persons offered as sureties on official bonds must be personally examined on oath as to their qualification, by the officers whose duty it is to approve the bond. No officer or employe of the City or member of the Council shall be surety upon the official bond of any other officer of the City.

[Note-For justification of sureties under Pol. Code, see Sec. 955 Pol. Code.]

ARTICLE V.

Judicial Department.

[City Attonrey.]

Sec. 46. The City Attorney shall be an attorney and counselor at law, duly admitted to practice by the Supreme Court of this State, and shall have been actually engaged in the practice of his profession for at least five years previous to his election. It shall be his duty to attend to all suits and other matters in which the city may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board of Education, Board of Public Works,

Auditor, City Clerk or Treasurer; and to do and perform all such other things touching his office as may be required of him by the Mayor, Council, Board of Education or Board of Public Works. He shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolution, motion or order of the Council, Board of Education, or Board of Public Works, save and except his own bond. His bond shall be drafted and approved by the Mayor.

[Note This Section together with Sections 7, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature, Jan. 31, 1895. The original Section 46 was as follows: The Mayor shall, by and vith the advice and consent of the Council, appoint an attorney for the City, who shall be known as the City Attorney. His term of office shall be two years. He shall be an attorney and counselor at law, duly admitted to practice by the Supreme Court of this State, and shall have actually been engaged in the practice of his profession for the period of at least five years before his appointment. It shall be his duty to prosecute, on behalf of the people, all criminal cases growing out of violations of city ordinances and resolutions, and to attend to all suits and other matters in which the City may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board of Education, or Board of Public works, and to do and perform all such other things touching his office as by the Council or Mayor may be required of him. The City Attorney shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolution, motion or order of the Council, except his own bond. His bond shall be drafted and approved by the Mayor.]

[Note-Fees for extra services not allowed: See Buck vs. City of Eureka, 109 Cal. 504.]

COURTS.

Sec. 47. The judicial power of the City shall be vested in a Police Court and in such Justices' Courts as are or may be provided for by law.

[Police Courts]

[Note-The establishment, jurisdiction and regulation of the Police Court was attempted to be prescribed by Sections 48 to 57, inclusive, of the Charter, as adopted; but the Supreme Court of the State subsequently decided (ex parte Ah You, 82 Cal. 339) that such Court had "no legal existence," but that the general law known as the "Whitney Act," so called, which provided for a Police Court in cities of certain population, was in effect in this City. (See also the cases of ex-parte Henshaw, 76 Cal. 446, and The People vs. Frank Toal, 85 Cal. 333.) The sections of the Charter referred to, which are inoperative, are therefore omitted and the Whitney Act inserted.

An Act to provide for police Courts in cities having thirty thousand and under one hundred thousand inhabitants, and to provide for

officers thereof. See Stats. 1885, p. 213; Stats. 1891, p. 292; Stats. 1893, p. 41; Stat. 1895, p. 113; 573; ex parte Sparks, 52 Pac. Cal. 12.]

see also ex parte Giambonini, 117 Cal.. Rep. 715, and People vs. Sands, 102

Sec. 58. The Police and Fire Commissioners shall designate a policeman who shall always attend on the Police Court and act as bailiff thereof.

[Justices' Court.]

[Note-For the general law establishing the City Justices' Courts, see Sec. 103, Code of Civil Procedure, held constitutional in 58 Cal.. 572, 576. The City Justices are elected at the general election in November of even numbered years. See 58 Cal. 558, 572. As to jurisdiction, salary, reports and payment of fees into Treasury, see Secs. 103, 112-115, C. C. P. As to salary warrants, see Stats. 1883, p 63.]

Sec. 59. Two City Justices of the Peace shall be elected, whose terms of office shall be two years. Their Courts shall always be open, legal holidays excepted.

Sec. 60. The Justices' Courts and the Justices thereof shall have the powers and jurisdiction which are now or may be prescribed and conferred by law upon the City Justices of the Peace and City Justices' Courts, provided, however, that within the corporate limits of the city the City Justices of the Peace and City Justices' Courts shall have exclusive jurisdiction and power over all matters, actions and things which are now or may be conferred by law upon Justices of the Peace; and provided, further, that they shall not have the power to try or decide any public offense whereof the Police Court of said city has jurisdiction.

Sec. 61. Each Justice of the Peace shall pay to the Treasurer of said city, on the first Monday of each month, all fines by him collected, and all fees which are by law chargeable for services rendered by him. accompanied by a verified written report, showing the amount thereof, from whom and in what case such fines and fees were collected and paid. A copy of this report shall, at the same time, be filed with the Auditor. All such fines and fees shall go to the credit of the General Fund.

Sec. 62. The Justices' Courts herein provided for are intended to be the Justices' Courts provided for by general law, and nothing herein contained shall be construed to authorize the election of more than two Justices of the Peace for the city.

ARTICLE VI.

Department of Public Works.

CHAPTER I.

Sec. 63. There shall be a Department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall consist of the Mayor, City Attorney and City Engineer. The Mayor shall receive no compensation for services rendered as such Commissioner. The City Attorney and City Engineer shall receive, in addition to their respective salaries, a yearly salary of six hundred dollars each as compensation for their services as members of the Board of Public Works.

[Note-This section, together with Sections 7, 46 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Section 63 was as follows: There shall be a department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall be appointed by the Mayor from among the qualified electors of the city. Their terms of office shall be four years, and not more than two shall belong to the same political party. The Commissioners first appointed shall at their first meeting so classify themselves by lot that one of them shall go out of office in two years, one in three years, and one in four years.] Sec. 64. Immediately upon their appointment and qualification, the Commissioners shall organize as a Board and elect one of their number President, who shall hold his office for the term of one year; and they shall elect a secretary, who shall not be a member of the Board. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes; and may require bonds from any of its subordinates for the faithful performance of their duties.

Sec. 65. The Board shall hold a regular meeting once in each week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on a day and at an hour fixed by resolution entered upon its records, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public. Two members shall constitute a quorum, and the affirmative votes of two members shall be necessary to pass any order or resolution. No business shall be transacted at a special or adjourned meeting of the Board, except such as may have been made the special order of business for such meeting, or such as may have

been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. Sec. 66. The Board shall cause to have kept a record of its proceedings; and shall keep all maps, plans, specifications, estimates, contracts, certificates, receipts, surveys, field notes, and profiles belonging to the city and all papers pertaining to the transactions of the Board. It may, when it shall deem it expedient, and shall, when requested by the Council or the Board of Education or the Mayor, furnish such data or information as may be requested.

Sec. 67. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners present at the meetings, and giving the ayes and noes upon all votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall cause the publication of all notices herein authorized to be published, or which the Board shall order to be published, and shall perform such other duties as the Board may from time to time prescribe.

Sec. 68. The Board may appoint such employees as are herein provided for, or as may be authorized by the Council.

The salaries of all officers clerks and employes of the Board, except so far as the same are designated in this Charter, shall be fixed from time to time by the Council in its discretion, on recommendations by the Board.

Sec. 69. The Board shall, immediately after its organization, take possession and have the custody and control of all maps, surveys, field notes, records, plans, specifications, contracts, models, machinery, tools, appliances, contract rights, privileges, books, documents, papers, archives, and property belonging to said city, heretofore kept by or in the offices of the City Engineer, the City Marshal and the Wharfinger.

Sec. 70. The Board shall have charge and superintendence of all public work of every kind, not otherwise controlled by general laws, to be done for the city or for the Board of Education or any other department, and also of the furnishing of all material and supplies for public use, or for the use of the Board of Education or for any other department, except as otherwise provided in this Charter. It shall be the duty of the Board vigilantly to inspect all parts of the city and to recommend from time to time to the Council such work as it shall deem necessary or proper.

Sec. 71. The Board shall have special charge, superintendence and control, subject to such ordinances as the Council may from time to time adopt, of the harbor and water front, and of all streets, sidewalks, highways, roads, bridges, wharves, parks, and public places belonging to the city, or dedicated to public use, and of the improvement and repair thereof; of all sewers, drains and cesspools, and the work pertaining thereto, or to the drainage of the city; of the cleaning of streets and of all repairs upon accepted streets; of the construction and repair