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the President and Secretary of such Board, attested under oath. The Auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, and which shall be known as "The Police Relief and Pension Fund” book. When such list has been entered by the Auditor he shall transmit the same to the Board of Supervisors, which Board shall order the payment of the amounts named therein out of “The Police Relief and Pension Fund.” A majority of all the members of said Board herein provided for shall constitute a quorum and have power to transact business.

Sec. 11. The Board herein provided for shall, in addition to other powers herein granted, have power:

First-To compel witnesses to attend and testify before it, upon all matters connected with the operation of this Charter, in the same manner as is or may be provided by law for the taking of testimony before Notaries Public; and its President, or any member of said Board, may administer oaths to such witnesses.

Second-To appoint a Secretary, and to provide for the payment from said fund of all its necessary expenses, not exceeding fifty dollars for any one month, including the salary of the Secretary, and printing; provided that no compensation or emolument shall be paid to any member of said Board for any duty required or performed under this Charter.

Third—To make all needful rules and regulations for its guidance, in conformity with the provisions of this Charter.

SEC. 12. The Board of Supervisors of said City and County, for the purpose of said “Police Relief and Pension Fund” herein before mentioned, shall annually, when the tax levy is made, direct the payment into said fund, of the following moneys:

First-Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places wherein spirituous, malt, or other intoxicating liquors are sold.

Second-One-half of all moneys received from taxes or from licenses upon dogs.

Third-All moneys received from fines imposed upon members of the police force of said city and county for violation of the rules and regulations of the Police Department.

Fourth—All proceeds of sales of unclaimed property.

Fifth-Not less than one-fourth nor more than onehalf of all moneys received from licenses from pawnbrokers, billiard-hall keepers, second-hand dealers, and junk stores.

Sixth-All moneys received from fines for carrying concealed weapons.

Seventh-Twenty-five per centum of all fines collected in money for violation of said city and county ordi

nances.

Eighth—All rewards given or paid to members of such police force, except such as shall be excepted by the Chief of Police.

Ninth—The Treasurer of said city and county shall retain from the pay of each member of the Police Department, the sum of two dollars per month, to be forthwith paid into said “Police Relief and Pension Fund," and no other or further retention or deduction shall be made from such pay for any other fund or purpose whatever.

Sec. 13. On the last day of June of each year, or as soon thereafter as practicable, the Auditor of said city and county shall make a report to the Board of Supervisors, of said city and county, of all moneys paid out on account of said fund during the previous year and of the amount then to the credit of the " Police Relief and Pension Fund” and all surplus of said fund then remaining in said fund exceeding the average amount per year paid out on account of said fund during the three years next preceding, shall be transferred to and become a part of the surplus fund of said city and county, and no longer under the control of said Board, or subject to its order. Payments provided for in this Act shall be made quarterly upon proper vouchers.

Sec. 14. Nothing in this chapter shall be so construed as to give to any member, or retired member, of the Board of Police Commissioners the right to participate or share in any of the benefits of the said Police Relief and Pension Fund, either as members of the police force or in any capacity, or on any ground what

The provisions of this section shall not apply to the Chief of Police in the event of his having been, ex officio or otherwise, a member of the said Board under any previous law.

soever.

CHAPTER IX.

OF THE FIRE MARSHAL.

SECTION 1. The Board of Police Commissioners, upon the written recommendation of the Board of Directors of the corporation known as the “Underwriters' Fire Patrol of San Francisco,” may appoint such persons as may be recommended by said Board of Directors, as Fire Marshal and Assistant Fire Marshal, to be known as public officers. Any vacancy occurring in the office of Fire Marshal or Assistant Fire Marshal shall be filled in the same manner. Said Board of Police Commissioners may revoke any such appointments at any time.

SEC. 2. Said Fire Marshal shall attend all fires which may occur in said city and county, with his badge of office conspicuously displayed, and shall as far as practicable, protect all property which may be imperiled at any such fire, and prevent such property from being injured.

SEC. 3. Said Fire Marshal may appoint one or more persons during the time of fire for the purpose of saving and protecting property thereat, and until it shall be delivered to the owner or claimant thereof; said owner or claimant shall pay all actual expenses incurred by said Fire Marshal for the preservation and keeping of the same; but no expense of caring for and protecting such property for inore than twenty-four hours shall be charged to the owner or claimant provided they can be found within the said time, when such property is not insured. If such property be insured no charge shall be made therefor. Said person or persons, so appointed, shall have, during such period, the authority and power of a policeman; and shall be known as the Fire Marshal's Police; and each of such persons shall wear, while in the discharge of duty, conspicuously displayed on his person, such badge as the Board of Police Commissioners may designate.

SEC. 4. Said Fire Marshal shall investigate the cause of all such fires, and in all cases where he shall believe that a crime has been committed, make a written report of such investigation to the District Attorney.

SEC. 5. Said Fire Marshal shall exercise the functions of a police officer, and in all in vestigations of the causes of such fires as shall occur he shall have power to issue subpænas and administer oaths, and compel the attendance of witnesses before him. All subpenas issued by said Fire Marshal shall be in such form as he may prescribe. Such subpænas shall be served by any police officer when thereunto authorized by the Chief of Police. Any witness who refuses to attend or testify in obedience to such subpænas shall be guilty of contempt, and punishable as for contempt in Justices' Courts. Any person who shall be guilty of false swearing in any investigation by said Fire Marshal, shall be deemed guilty of perjury.

SEC. 6. Said Fire Marshal is hereby duly authorized and empowered to hold and sell, or cause to be sold, at public auction, all property in his possession saved from the fire, for which no owner can be found. The proceeds of all such sales, together with an account thereof, after deducting all expenses, shall be by him deposited with the Treasurer of said city and county, to be held by said Treasurer subject to the claim of the owner of such property, for a period of two years. At the expiration of that time, if not claimed, it shall be paid over to the Firemen's Relief and Pension Fund, to be devoted to the general purposes of said fund. And said Fire Marshal shall from time to time file with the County Clerk of said city and county, under oath, a statement and description of all property in his possession, or under his control and sold by him, together with the amount of money deposited with the Treasurer of said city and county, as the proceeds of any sale or sales he may have made.

SEC. 7. Said Fire Marshal shall aid in the enforcement of the fire ordinances, and for this purpose may visit and examine all buildings in process of construction or undergoing repair. He shall have and exercise all the powers of a Fire Warden. Said Fire Marshal, by and with the consent of the Board of Police Commissioners, may appoint not exceeding six deputies, to aid him in the discharge of his duties; said deputies to be nominated by said Board of Directors of said Fire Patrol.

He shall exercise such other powers as may be conferred upon him by ordinance; and the Supervisors may, from time to time, enact such ordinances as will enable him to fully carry out the object and purposes of this chapter.

SEC. 8. The Chief of Police may detail such police officers as he may deem necessary to enable said Fire Marshal to effectually perform his duties, and when so detailed said police officers shall aid him in the performance of his duties.

Sec. 9. Any person who willfully hinders or obstructs said Fire Marshal in the lawful discharge or performance of any of the duties of his office shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the County Jail for not more than three months, or by fine not exceeding $500; provided, however, that nothing herein contained shall be so construed as to authorize said Fire Marshal to interfere in any manner with the discharge of the lawful duties and authority of the Police or Fire Department.

SEC. 10. In the absence of said Fire Marshal from a fire, or in case of his inability to perform his duties, said Assistant Fire Marshal shall perform such duties for the time being.

Sec. 11. The salary and pay of said Fire Marshal and Assistant Fire Marshal, and of said Deputies, shall be fixed and paid by said Board of Directors of said “ Underwriters' Fire Patrol of San Francisco,” and in no event shall the city and county be liable therefor, or for any part thereof.

ARTICLE IX.

Fire Department.

CHAPTER 1.

ORGANIZATION AND POWERS.

Section 1. The Fire Department shall be under the management of a Board of Fire Commissioners consisting of four persons, who shall be appointed by the Mayor, and shall hold office for four years, subject to removal by him. In making such appointments the Mayor shall not appoint more than two of such Commissioners from the same political party. The Mayor shall also fill any vacancy, and such appointee shall hold office for the unexpired term that may occur, but said Board shall be always so composed that there

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