Collector shall cause a copy of said roll to be published in some newspaper designated by the President of the Board of Trustees, for a period of five days. He shall, immediately after said publication is made, proceed to collect the assessed tax for twenty days after the five days' publication have expired. After the expiration of the twenty days, he shall immediately make out a list of all delinquents, which shall be handed by him to an Attorney at law, to be named by the Board of Trustees. And said Attorney shall proceed to collect, sue for, and recover the said delinquent taxes in the same manner as is or may be provided for the collection of State or county taxes under the general revenue laws. And the said Attorney shall have the same power and authority as District Attorney, and entitled to charge and include in any judgment the same cost and fees.

SEC. 58. All taxes or assessments levied or assessed on any Taxes to beproperty for the purposes of grading, paving, planking, repair- come liens. ing, or improving any streets, crossing, spaces, or sidewalks, shall become a lien against said property, the same as other taxes or assessment for State and county purposes; said lien to take effect on the day the assessment roll is handed to the Auditor by the Assessor, and it shall be the duty of the Auditor to certify at the end of said roll the hour, day, month, and year, the same was received.

missioner.

SEC. 59. The grading, draining, planking, paving, repairing, Street Comor otherwise constructing or improving of streets and street crossings, must in all cases be done under the direction and to the satisfaction of the Street Commissioner; and all contracts made therefor must contain this condition, and also express notice that in no case (except when it is otherwise provided in this Act) will the said city be liable for any portion of the expense, nor for any delinquency of persons or property assessed.

SEC. 60. The Street Commissioners shall require, by verbal Duties of. or written notice, (to be delivered to them personally, or left upon the premises,) all owners, tenants, and occupants of lots and buildings situated and fronting upon streets already graded. and planked, or paved, or which shall hereafter have been graded and planked, or paved, where local repairs are needed in the planking, paving, sidewalks, sewers, or otherwise, to make such repairs forthwith, each one in front of the property of which he is the owner, tenant, or occupant; and all repairs so made, or expense therefor incurred, by tenants, may be charged to the landlord, unless otherwise agreed between such landlord and tenant, and deducted from the rents payable under their leases; and the said tenant shall have a lien upon the premises therefor, and may retain possession thereof, till the amount so advanced shall be repaid with interest, from accruing rents or otherwise.

SEC. 61. All city ordinances now in force shall be and are hereby continued in full force until repealed by the Board of Trustees.

SEC. 62. Should there be any vacancy in the Board of Trus- Vacancies. tees, caused by resignation, death, or otherwise, the Board of Trustees shall, within twenty days thereafter, call an election to elect a Trustee to fill the balance of the term caused by such

Levy and collection of

vacancy. Should there be any vacancy in the office of Auditor, Assessor, and Collector, or Police Judge, or any other office created by the Board of Trustees, caused by resignation, death, or otherwise, such vacancy shall be filled by appointment by the Board of Trustees.

ARTICLE XIII.

Special Provisions.

SEC. 63. For the purpose of enabling the city authorities to special taxes levy and collect the annual and special taxes for the fiscal year commencing on the first Monday in April, A. D. eighteen hundred and sixty-three, in the months of April and May of said year, the Board of Trustees are hereby authorized and empowered to levy the annual and special taxes provided in this Act within three days after the first meeting in eighteen hundred and sixty-three, upon all the taxable property within the limits of the City of Sacramento as assessed in the equalized assessment roll of the City and County of Sacramento for the year eighteen hundred and sixty-two. And said taxes, when so levied, shall be a lien upon all property in said assessment roll for said fiscal

Tuties of
Assessor.

Auditor.

Tax
Collector.

Officers to

deliver

year.

SEC. 64. It is hereby made the duty of the Assessor to make a certified copy of the assessment roll for said year eighteen hundred and sixty-two, so far as to include the property of the city, which assessment is hereby adopted, and the value of the property in the same is made the basis for said taxes, and deliver the same to the Auditor.

SEC. 65. It shall be the duty of the Auditor to extend the annual and special taxes in said copy of the assessment roll, and deliver the same to the Tax Collector, with his certificate thereto attached.

SEC. 66. It shall be the duty of the Tax Collector, immediately after receiving said assessment roll, to give notice by publication for ten days in one newspaper published in Sacramento, notifying the tax payers that he is ready to receive the taxes levied and assessed in accordance with the foregoing sections. And he shall proceed to collect said taxes for thirty days from the publication of the above notice. At the expiration of the said thirty days, he shall make out a delinquent tax list or roll, and deliver the same to such Attorney as may be appointed by the Board of Trustees. And the delinquent taxes shall be collected by the said Attorney in the same manner as taxes levied under the Act to provide revenue for the support of the gov ernment of this State, approved May seventeenth, eighteen hundred and sixty-one.

SEC. 67. The Auditor, Treasurer, and all other officers having books, etc. any moneys, books, papers, maps, charts, and effects of any nature, belonging to the City of Sacramento, shall deliver the same to the President of the Board of Trustees on the first Monday in April, eighteen hundred aad sixty-three, or as soon thereafter as he may demand the same; and all moneys so received by the President of the Board of Trustees, except the Interest and Sinking, School, Levee, and Cemetery Funds, shall be paid into the General Fund.

Attorney.

SEC. 68. The District Attorney of the City and County of Duty of Sacramento shall pay to the City Treasurer, weekly, all moneys District collected by him from delinquent taxes for the years prior to and including the year eighteen hundred and sixty-two, belonging to the City of Sacramento.

ARTICLE XIV.

Fire Department.

SEC. 69. The Fire Department of the City of Sacramento officers. shall consist of a Chief Engineer, a First Assistant Engineer, a Second Assistant Engineer, a President, a Vice-President, a Secretary, a Treasurer, a Board of Delegates, a Board of Trustees, and the certificate members of such organized companies. as are at present in the Department; provided, however, that if, for any cause, any company shall disband, or be disbanded, another company may be organized, as hereinafter provided, in its place.

SEC. 70. The Board of Trustees may, under the name and Trustees and style of the Trustees of the Charitable Fund of the Fire De- powers of. partment of the City of Sacramento, purchase, receive, hold, and convey real estate and personal property for the use of the Charitable Fund of the Fire Department, and by the name aforesaid may maintain actions in law and equity in any Court in this State. The Board of Trustees shall consist of three persons, members, or exempt members, of the Sacramento Fire Department, and annually, at its first meeting in August, or as soon thereafter as may be, the Board of Delegates shall elect one Trustee, who shall qualify by taking the oath of office and giving such bond as may be required, and shall hold office for three years, and until his successor is elected and qualified; provided, however, that nothing in this Act shall affect or abridge the terms of office of the Trustees now in office.

officers.

SEC. 71. There shall be held annually, on the first Monday Election of in August, by the certificate members of the Fire Department, who have been such for at least ninety days next preceding the election, an election for a Chief Engineer, and Second Assistant Engineer, of which election the President of the Fire Department shall give at least ten days notice, in two or more daily newspapers; or in case of his failure so to do, the Vice-President shall in the same manner give five days notice thereof. The polls shall be open from twelve o'clock, noon, until six and a half o'clock, post meridian, at a place to be selected by the Board of Delegates, and the election shall be held under the inspection of three Judges, (no two of whom shall be members of the same company,) chosen by the Board of Delegates, and either of said Judges may administer oaths and affirmations at such election. The person receiving a plurality of votes for Chief Engineer shall be elected; the person receiving the highest number of votes for Assistant Engineer shall be First Assistant Engineer; and the person receiving the next highest number of votes shall be Second Assistant Engineer; but in case of a tie vote, for either office, the Board of Delegates shall elect from the tied candidates. Whenever a vacancy occurs in the office of Chief

Vacancies.

Delegates,

duties.

or Second Assistant Engineer, the President, or in case of his neglect or refusal, the Vice President, shall call a special election to fill such vacancy for the remainder of the term; and when any vacancy occurs in the office of First Assistant, the Second Assistant shall take the place, and a special election shall be called in the manner aforesaid to elect a Second Assistant Engineer for the remainder of the term. Each of the Engineers shall hold office for one year, and until his successor is elected and qualified; but nothing in this Act shall change or alter the term of office of any of the present incumbents of office in the Department.

SEC. 72. Each and every company, at its stated meeting in and over the month of July, in every year, shall elect two of its members as Delegates, and the members so elected shall compose the Board of Delegates of the Fire Department of the City of Sacramento, which body shall meet and organize on the first Monday in August, in each year, and shall hold stated meetings at least once in each month. It shall have power to elect and define the duties of a President, Vice-President, Secretary, Treasurer, a Board of Trustees of the Charitable Fund of the Department, and such officers as it may from time to time deem necessary. It shall have power to make all laws for the govern ment of the Fire Department, and all laws made by it shall be binding on every company and member of the Department. Any Engineer, company, officer, or member of the Department, who shall violate any of said laws, or who shall refuse to obey the lawful orders of the Chief, or other Engineer, shall, upon complaint, be tried by the Board of Delegates, and if found guilty, be censured, suspended, removed from office, or expelled from the Fire Department, as the judgment of the Board may direct. It shall have power to summon any member of the Department to attend and testify in any case when an officer or member of the Department is charged with having broken its laws; and any officer or member of the Department who shall disobey such summons, may be suspended or expelled from the Department, as the judgment of the Board may direct. It shall examine the returns, and declare the result of all Engineers' elections, and give them their certificates of election, which shall be filed with the Auditor. The three Engineers and Secretary of the Department shall be ex officio Fire Wardens, and shall perform such duties as may be imposed on them by law or ordinance. The salary of the Chief Engineer shall be one thousand dollars per annum; that of the Secretary, five hundred dollars; that of the First Assistant Engineer, three hundred dollars; and that of the Second Assistant Engineer, two hundred dollars per annum.

Salaries.

Trustees and

and duties.

SEC. 73. The Trustees shall order all work and supplies for their powers the Fire Department, under such rules and regulations as the Trustees may adopt, but no work performed, or supplies furnished the Fire Department, shall be paid for until the Chief Engineer shall have certified that the work was faithfully performed, or the supplies were properly furnished, and of the kind represented; provided, however, that in no case shall the Board of Trustees, except by a unanimous vote, [shall they] grant an appropriation of any funds, except the monthly appropria

tion, to any company, unless such appropriation shall have first been recommended by the Board of Delegates of the Fire Department.

SEC. 74.

The Trustees shall allow each engine company fifty, Same. and each hose company and each hook and ladder company thirty-three dollars and thirty-three cents per month, to be used. by the company under the superintendence of the Chief Engineer, in keeping the apparatus and hose in repair; and if any company shall fail, neglect, or refuse to keep its apparatus or hose in repair, the allowance in this section provided shall not be paid; and the Trustees shall also pay to each company the further sum of ten dollars per month for gas for lighting its house; but no money shall be expended for the salary of any officer of the Department, or for any appropriation to the companies, or for other Fire Department matters, excepting only out of the Fire Department Fund provided in section twenty-six.

license.

SEC. 75. A license tax of two dollars per month is hereby Gunpowder levied on and directed to be collected from each person or firm within the City of Sacramento who keeps on storage or sells gunpowder, which tax shall be collected by the Secretary of the Collection. Department, for the Charitable Fund, the licenses for this tax being provided by the Board of Trustees, and signed by the President and Secretary. And all the provisions of section seventy-seven of the Act of May the seventeenth, eighteen hundred and sixty-one, entitled an Act to provide revenue for the support of the government of this State, so far as they regard the manner of enforcing the payment of licenses, and the damages for non-payment thereof, are hereby made applicable to licenses issued under this section, the Secretary of the Department doing as the Collector is therein directed to do. And all fines imposed for the violation of any fire ordinance, ordinance. regulating the construction of buildings, or the storage, transit, or sale of gunpowder, camphene, or other combustible, shall be paid into the city Treasury for the use and benefit of the Charitable Fund of the Fire Department. The Chief Engineer, the Powers of President, and Secretary of the Board of Delegates of the Fire Chief Department of the City of Sacramento, are hereby authorized and and empowered to sign all certificates in accordance with law. The Chief Engineer shall report to the Board of Trustees on the first Monday in August, November, February, and May, in each year, the number, location, and condition of cisterns, hydrants, fire engines, and other fire apparatus, and the state of fire companies' houses, and all property of the city in the keeping of the said Department; also, all accidents by fire that may have taken place in the city, with the causes thereof, as well as they can be ascertained, and a description of the property destroyed or injured, with the names of the owners of the same; also, such other information and such recommendation as he may deem proper; and after such report is due, no salary shall be allowed to the Chief until his report is made. The President and Secretary of the Department are hereby authorized to administer oaths and affirmations to any member of the Department on any matter, thing, or business in regard to the Department or its affairs, and the Chief Engineer may administer oaths

Engineer