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equity, and all special proceedings for or against the said city and county; and whenever any cause of action at law or in equity or by special proceedings exists in favor of the said city and county, he shall commence the same when directed by the Mayor or the Board of Supervisors so to do. He shall give legal advice to all officers, Boards and Commissions named in this Charter, in writing, when requested so to do by them, or either of them, in writing, upon questions arising in their separate departments involving the rights or liabilities of the said city and county. He shall not settle or dismiss any litigation for or against the said city and county under his control unless ordered to do so by the Mayor and the Board of Supervisors.
Sec. 3. The City Attorney shall take charge of the collection of delinquent taxes, and for that purpose shall have the right to appoint an assistant who shall be a practitioner of the Supreme Court of this State who shall attend to the same. Said assistant shall execute a bond in the penal sum of $5,000, payable to the said city and county, conditioned for the faithful performance of the duties and the payment of the taxes collected by him, into the treasury of the city and county.
Sec. 4. The City Attorney shall keep bound books of record and registry, and of briefs and transcripts used in causes wherein he appears, and shall keep a register of all actions, suits and proceedings in his charge in which the said city and county is interested, and all official written communications by him to any officer, board or department, and all opinions given by him.
SEC. 5. He shall deliver such books and all records, all reports, documents, papers, statutes, law books and property of every description in his possession belonging to his office or to the said city and county, to his successor in office, who shall give him duplicate receipts therefor, one of which he shall file with the Auditor.
Sec. 6. The City Attorney may appoint four assistants in addition to the collector of delinquent taxes, who shall be practitioners in the Supreme Court of this State, and he may also appoint such other employees as may be authorized by the Board of Supervisors. All of said assistants shall be discharged at the pleasure of the City Attorney. The specific duties of such assistants
and employees shall be such as shall be prescribed by the City Attorney.
Sec. 7. The City Attorney shall devote his entire time and attention to the duties of his office, and shall accept and engage in no other employment.
OF THE DISTRICT ATTORNEY.
SECTION 1. The District Attorney is the public prosecutor. He must be an attorney of the Supreme Court of this State and have been in the active practice of his profession for at least five years next preceding his election in the City and County of San Francisco.
SEC. 2. He shall attend all courts in said city and county and conduct all prosecutions for public offenses. He must commence actions on all forfeited bail bonds within thirty days after they are declared forfeited, and diligently prosecute the same until the final determination thereof. No action on a forfeited bail bond shall be compromised. In all actions to recover on bail bonds, the District Attorney, when any property is exposed for sale, may bid, and, if necessary, purchase said property for and in the name of said city and county, at a price not exceeding the amount of the judgment recovered on such bond.
Said property, when so purchased, shall be held and disposed of by said city and county in the manner prescribed in this charter. He shall perform such other duties as are or may be prescribed by law.
Sec. 3. He may appoint seven Assistant District Attorneys, each of whom must be an attorney of the Supreme Court of this State, and have been in the active practice of his profession for at least five years next preceding his appointment. They shall assist the District Attorney in the performance of his oificial duties, and at least four of them shall, under his direction, act as prosecuting attorneys of the Police Courts of the city and county. He may also, when so authorized by the Board of Supervisors, appoint such other assistants, clerks and employees as may be needed in the discharge of his duties. All of said assistants shall be discharged at the pleasure of the District Attorney. Sec. 4. When the District Attorney shall have been credibly informed that any person, criminally injured by another, is likely to die, he shall take the dying statement of such person and immediately reduce the same to writing.
OF THE PUBLIC ADMINISTRATOR.
SECTION 1. The Public Administrator of the City and County of San Francisco shall be appointed by the Mayor, and shall hold his office for the term of two years. He shall be an officer of the Superior Court, and subject to its orders. He shall administer upon all estates on which the Public Administrator is by law entitled to administer, and shall perform all duties prescribed by law for Public Administrators.
SEC. 2. He shall not employ counsel at the expense of any estate unless the Court, upon a verified petition, setting forth the facts and reasons why it is necessary that he should have the assistance of counsel, and after such notice, as the Court may direct, shall, by an order entered upon the records of the Court, allow him to employ such counsel. The compensation of such counsel, when employed, shall be fixed by the Court and paid out of the assets of such estate.
SEC. 3. All fees, commissions and emoluments allowed by law to the Public Administrator for the administration of estates of deceased persons shall be by him collected and paid each month into the treasury of the city and county of San Francisco, and an account thereof rendered to the Auditor. He shall be allowed, in full for all services, the annual salary herein provided in lieu of all commissions and emoluments. He shall give an official bond in the sum prescribed by this Charter and such additional and special bonds in each case as shall be prescribed by law or by the Superior Court.
Sec. 4. Upon retiring from his office he shall turn over all estates, business, property and assets of estates, and records of office, to his successor.
SEC. 5. He may appoint such clerks and assistants as the Board of Supervisors may, by ordinance, authorize.
OF THE COUNTY CLERK.
SECTION 1. The County Clerk shall perform such duties as may be by law imposed on County Clerks.
SEC. 2. He shall take charge of and safely keep all books, papers and records, filed or deposited in his office, or which pertain to the courts of which he is clerk; and he shall not allow any papers, files or records to leaves his custody, except when required by a Judge of said city and county, or a Court to be used by him, or in it, or by a Referee. When any of said papers or records are required in any of the courts within said city and county, or before a Referee therein, he shall, without charge, produce the same, under subpæna or order of the Court.
Sec. 3. On the commencement in or removal to, the Superior Court, of any civil action or proceeding, he shall collect from the plaintiff or party instituting the proceeding, the sum of one dollar, for the benefit of the San Francisco Law Library.
SEC. 4. He may appoint one Chief Deputy, forty deputy clerks and twelve copyists, and such other clerks, copyists and assistants from time to time as the Board of Supervisors may authorize by ordinance.
SEC. 5. For copies of papers furnished and certified by him, he shall charge not more than eight cents for each one hundred words. For certifying copies, which are not prepared by him, he shall be entitled to charge fifty cents, and also one dollar an hour for the time exceeding one hour necessarily occupied in comparing such copies. He must certify all papers presented to him which are copies of any document, paper or record, or portions thereof, in his custody.
Sec. 6. All fees herein mentioned shall be paid into the City and County Treasury as provided by law.
OF THE JUSTICES' COURT. SECTION 1. There shall be five Justices of the Peace, who shall hold office for two years, and shall be the Justices' Court for said city and county. Any of said Justices may hold Court, and there may be as many sessions of said Court at the same time as there are Justices thereof. Said Justices shall choose one of their number to be Presiding Justice, who may be removed and another appointed in his place by a vote of a majority of them. In the temporary absence or disability of the Presiding Justice, any other Justice, designated by the Presiding Justice, may act in his place during such absence or disability. Such Court shall be always open, non-judicial days excepted.
Sec. 2. The Justices' Court and the Justices thereof shall have the powers and jurisdiction in civil causes which may be conferred by law upon Justices of the Peace and Justices' Courts in said city and county. They shall not have jurisdiction to try or decide any public offenses whereof the Police Court of said city and county has jurisdiction. Until otherwise provided by law, the provisions of Articles I and III, Chapter 5, of Title 1, Part One of the Code of Civil Procedure, excepting Sections 85, 86, 97, 98, 111 and 115 thereof, as the same are contained in an Act of the Legislature, entitled " An Act to amend Part One of the Code of Civil Procedure, and each and every Title, Chapter, Article and Section of said Part One, and substituting a new Part One to take the place thereof in said Code relating to Courts of Justice and various officers connected therewith,” approved April 1, 1880, are hereby made applicable to the Justices' Courts and the Justices thereof, of said city and county, in like manner and to the same extent as if the same had been at length incorporated in and made part of this Chapter.
SEC. 3. All records, registers, dockets, books, papers, causes, actions, judgments and proceedings lodged, deposited, or pending before the Justices' Court of said city and county are transferred to the Justices' Court herein provided for, which Court and the Justices thereof shall have the same power and jurisdiction over them as if they had been in the first instance lodged, deposited, filed or commenced therein.
SEC. 4. The Clerk of the Justices' Court, and the deputy clerks thereof, provided for by law, and such additional clerks and assistants as the Board of Supervisors may by ordinance authorize, shall be appointed by the Mayor. Their duties shall be such as are prescribed by law.