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4392. Liability of sureties of treasurer: 85 Cal. 148.
4403. Office of supervisor of the first board does not exist in San Francisco: 89 Cal. 141; 88 Cal. 430.
4408. Compensation of city marshal: 87 Cal. 520.
Power to appoint license collector: 65 Cal. 288; 70 Cal. 35.
Control of municipal funds: 87 Cal. 603.
Grades and boundaries of streets: 91 Cal. 621; 78 Cal. 637; 67 Cal. 45; 72 Cal. 146.
Obstructions in streets - Legalizing nuisances: 93 Cal. 241; 87 Cal. 91.
Police. - Appointment: 85 Cal. 408; police commissioner: 89 Cal. 141.
Fire department. - Ordinance, when invalid: 96 Cal. 605.
Sewers, construction, plans for - Eminent domain: 91 (al. 238; 96 Cal. 183; assessment for: 96 Cal. 188; 96 Cal. 191; ** (al. 11; promise to pay for, when without consideration: 96 Cal, 183; negligence in construction, liability for, see post.
Purchase of real property: 87 Cal. 631.
Negligence of officers or agents, liability for: 84 Cal. 12; 81 Cal. 618; 78 Cal. 588; 96 Cal. 183.
Ordinances. — (a) General rules. - Conflict with general Jaw: 84 Cal. 71; 8 Cal. 208; invalidity of part: 87 Cal. 199; 85 Cal. 208; establishing rules of evidence: 85 Cal. 208; publication of: 85 Cal. 208; reasonableness of: 94 Cal. 387; 88 ('al. 99; 89 Cal. 467; adoption of code sections by reference to number: 87 Cal. 199; rules for construction: 68 Cal. 294; act required to be done by resolution may be done by ordinance: 65 Cal. 283; conclusiveness of determination of supervisors: 82 Cal. 286; 91 Cal.589; ordinance partly void: 85 Cal. 208.
() Limiting employment of labor: 85 Cal. 274.
Laundry ordinances: 96 Cal. 183; 68 Cal. 149; 65 Cal, 33; 68 Cal. 294; 67 Cal. 102.
(6) Fire limits : 72 Cal. 125; 76 Cal. 511.
(9) Passage of ordinance: 74 Cal. 578; 69 Cal. 88; 66 Cal. 642; 72 Cal. 1:25; 65 Cal. 283; 73 Cal. 365; 96 Cal, 362.
(c) Excess of power, legislative confirmation: 91 Cal. 338.
(8) Violation and punishment: 69 Cal. 88; 94 Cal. 387; habeas corpus: 84 Cal. 304; 87 Cal. 91,
Van Ness ordinance: 70 Cal. 320; 85 Cal. 155; 92 Cal. 414; 92 Cal. 209; 92 Cal. 437; 92 Cal. 378. An act to amend section sir and section eight of an act approved
March 19, 1889, entitled "An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations incorporated under the laws of this state for the construction of water-works, sewers, and all necessary public improvements, or for any purpose whatever," and to repcal the act approved March 9, 1885, entitled "An act to authorize municipal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain water-works"; aiso to repeal an act approved March 15, 1887, entitled "An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations incorporated under the laws of this state.'
(Approved March 1, 1893; Stats. 1893, p. 61.) SECTION 1. Section six of the act the title of which is recited aforesaid in the title of this act is hereby amended to read as follows:
Section 6. All municipal bonds for public improvements issued under the provisions of this act shall be of the character of bonds known as serials, and shall be payable in gold coin or lawful money of the United States, in the manner following: One fortieth part of the whole amount of indebtedness shall be paid each and every year, on a day and at a place to be fixed by the legislative branch of the municipality issuing the bonds, together with the interest on ll sums unpaid at such date. The bonds shall be issued in such denominations as the legislative branch of the municipality may determine, except that no bonds shall be of a less denomination than one hundred dollars nor of a greater denomination than one thousand dollars each, payable on the day and at the place fixed in such bond, and with interest at the rate specified in the bond, which rate shall not be in excess of the legal rate of the state of California, and may be payable annually or semiannually. Such bonds may be issued and sold by the legislative branch of the city, town, or municipal corporation, as they may determine, at not less than their face value, in gold coin of the United Siates, and the proceeds of such sale shall be placed in the municipal treasury to the credit of the proper improvement fund, and shall be applied exclusively to the pur. poses and objects mentioned in the ordinance, until such objects are fully accomplished, after which, if any surplus remains, such surplus shall be transferred to the general sund of such municipality.
SEC. 2. Section eight of the act the title of which is recited aforesaid in the title of this act is hereby amended to read as follows:
Section 8. The legislative branch of said city, town, or municipal corporation shall, at the time of fixing the general tax levy, and in the manner for such general tax levy provided,
lery and collect annually, each ycar, for the term of forty years, & tax sufficient to pay the annual interest on such bonds, and also one fortieth part
of the aggregate amount of such in debtedness so incurred. The taxes herein required to be levicd and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected.
All acts or parts of acts conflicting with this act are hereby repealed.
SEC, 3. This act shall take effect and be in force from and after its passage. An act to provide and regulate the manner of receiving and paying fecs, commissions, percentages, and other compensation for offirial services in cities and cities and counties having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto.
(Approved March 11, 1893; Stats. 1893, p. 127.] SECTION 1. The salary of every officer of every city or city and county of this state having a population of over one hundred thousand inbabitants, as such salary now is or hereafter shall be fixed by law, shall be in full payment and compensation for all services performed by such officer in any official capacity whatever; provided, that in case any official is now or aball hereafter be allowed by law, as compensation for his official services, a salary of less than one thousand dollars per annum and the fees of his office, such compensation, viz., the salary of less than one thousand dollars per annum and the fees of his office, shall be in full payment and compensation for all services performed by such officer.
Soc. 2. Such salaried officers shall not receive or accept any fee, payment, or compensation whatever, directly or indirectly, for any services performed by them in their official capacity, nor any fee, payment, or compensation for any official service performed by any of their deputies, clerks, or employees, whether performed during or after official business hours, nor shall any deputy, clerk, or employee of such officers receive or accept any fee, compensation, or payment, other than their salaries as now or hereafter fixed by law, for any work or service performed by them of any official nature, or under color of office, whether performed during or aíter official business hours.
SEC. 3. In all such cities or cities and counties of this state, erery fee, commission, percentage, allowance, or other com pensation whatever authorized by law to be charged, received or collected by any officer thereof for any official service, except the salary allowed by law, payable from the treasury of such city or city and county, must be paid, by the person for whom such service is performed, to the treasurer of such city or city and county, in the manner herein
provided. SEC, 4. It shall be the duty of every officer of such cities or cities and counties authorized by law to charge, receive, or collect any ice, commission, percentage, allowance, or compensation whatever for the perforinance of any official service or duty of any kind or nature, or rendered in any official capacity, or by reason of any official duty or employment whatsoever, to deliver to the person requiring such service or duty a certificate, in writing, signed by such officer, which shall certify the nature of the official service to be performed and the amount of the fee, commission, percentage, allowance, or compensation allowed by law therefor. The person receiving such certificate shall deliver the same to the treasurer of such city or city and county, and shall pay to such treasurer the amount named in such certificate, and thereupon such treasurer shall deliver to such person a receipt for the money so paid, which shall show the amount of money received, the day and hour when paid, the name of the person paying the same, the nature of the service to be performed, and the name and official designation of the person by whom the service is to be performed; and like entries shall be made upon the stub of such receipt, which shall be kept by such treasurer. Upon the delivery of such treasurer's receipt to the officer therein designated, such officer shall deliver to such person a certificate containing the same items as appear in such receipt, and acknowledging the delivery to him of such receipt, and the day and hour the same was delivered to him, and such officer shall thereupon perform the service or duty in such receipt described, as required by law. The treasurer shall place all such money's so received by him to a fund, to be designated the “Unapportioned Fee Fund,” which is hereby created, and shall keep such fund as other funds in the treasury are kept, and shall be liable on his official bond for all money's so received.
SEC. 5. The auditor or other proper officer of such city or city and county must prepare and deliver, from time to time, to the treasurer and to every officer of such city or city and county authorized by law to charge any fee, commission, percentage, allowance, or compensation whatsoever for the performance of any official service or duty of any kind or nature, as many official certificates and receipts as may be required, charging the treasurer or other officer receiving them therewith. Such official certificates and receipts must be bound into books containing not less than one hundred such certificates or receipts, and numbered consecutively, beginning with number one in each class required for each officer for each fiscal year, and provided with a stub corresponding in number with each certificate and receipt. When the books containing such certificates and receipts are exhausted by the officer receiving them, he shall return the stubs thereof to the auditor or other proper officer, in whose custody they shall remain thereafter,
SEC. 6. When a receipt as herein provided is issued by tho treasurer of such city or city and county, he must state therein the date of payment, the name of the person making the pay. ment, and the amount of such payment, and the nature of the service for which the charge is made, and the name and official designation of the officer performing tho service, and shall make corresponding entries on the stub of such receipt.
Sec. 7. Whenever any certificate or receipt is issued by any officer of such city or city and county, other than the treas trer thereof as herein provided, he shall state therein the day and hour of the delivery to him of the treasurer's receipt, the nature of the service therein described, and the amount charged therefor, and the name of the person by whom such receipt is delivered to him, and shall make corresponding entries on the stub to which such certificate or receipt is at tached.
SEC. 8. On the first day of each month the treasurer of such city or city and county must make to the auditor or other proper officer thereof a report, under oath, of all moneys received by him, as provided in this act, during the preceding month, showing the date and number of the certificate on which ihe money was received, the amount of each payment, and by whom paid, and the nature of the service, and the bame and official designation of the officer performing the service, and at the same time, or oftener is required by the auditor so to do, exhibit to the auditor all official certificates received by him during the previous month, and all othcial receipts remaining in his hands unused or not issued at the dose of business on the last day of the preceding month.,
Sec. 9. On the first day of each month every officer of such city or eity and county authorized by law to charge any fee, commission, percentage, allowance, or compensation whatsoerer inust make to the auditor a report, under oath, of all official certificates and receipts issued by him during the preceding month, showing the date and number of each certificate and receipt, to whom issued, the nature of the service for which the charge was made, and the amount of such charge; and must at the same time exhibit to the auditor or other proper officer, or oftener if required so to do, all treasurer's receipts deposited with him during the preceding month, and all official certificates and receipts remaining in his hands unused or not issued at the close of business on the last day of each preceding month.
SEC, 10. Upon receiving the reports prescribed by sections right and nine of this act, the auditor or other proper officer of ench city or city and county shall examine and settle the accounts of each officer thereof, and apportion such moneys to the fund or funds to which it is appropriated by law, and certlfy such apportionment to the treasurer, who shall thereupon transfer from the "unapportioned fee fund” the amounts so certified, and credit each fund entitled thereto with the proper amount so apportioned.
SEC. 11. Every such Officer of said cities or cities and counties who is by law allowed to charge and collect mileage for the service of process, and for like service, shall, at the end of each month, prepare and deliver to the auditor or other proper officer of such city or city and county a statement showing each process served, the title of the cause, the name of the depuis or other subordinate officer by whom served, the number of miles actually traveled in making such service, the exact day when such service was made, and between what hours of said day, which statement shall be verified by the oath of such officer. Such auditor or other proper officer of