Other records. 66 book, marked "Treasurer's Account," in which he shall keep a full account of the transactions of the city or town with the Treasurer. He shall also keep a book, marked "Licenses," in which he shall enter all licenses issued by him, the date thereof, to whom issued, for what, the time when it expires, and the amount paid. He shall also keep a book, marked 'Attorney's Account," and shall therein charge said attorney with all delinquent tax lists delivered to him, and shall credit him with money paid and delinquent tax lists returned. Ordinances. He shall keep a book, marked "Ordinances," into which he shall copy all city or town ordinances, with his certificate annexed to said copy, stating the foregoing ordinance is a true and correct copy of an ordinance of the city or town, and giving the number and title of said ordinance, and stating that the same has been published or posted according to law. Said record copy, with said certificate, shall be prima facie evidence of the contents of the ordinance and of the passage and publication of the same, and shall be admissible as such evidence in any Court or proceeding. Said records shall not be filed in any case, but shall be returned to the custody of the Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. Each of the foregoing books, except the records of the Board of Trustees and the Board of Equalization, shall have a general index, sufficiently comprehensive to enable a person readily to ascertain matters contained therein. The Clerk shall also keep a book, marked "Demands and Warrants," in which he shall note every demand against the city or town, and file the same. He shall state therein, under the note of the demands, the final disposition made of the same; and if the same is allowed and a warrant drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the completion of the assessment roll of any of the taxes of the city or town, and the levying of the tax thereon, the Clerk shall apportion the taxes upon such assessment roll, and make out and deliver to the Marshal a tax list in the usual form, taking his receipt therefor. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oaths or affirmations, to take affidavits and depositions to be used in any Court or proceeding in the State, and to certify the same. He and his deputy shall take all necessary affidavits to demands against the city or town, and certify the same without charge. He shall Statements. be the custodian of the seal of the city or town. He shall make a quarterly statement, in writing, showing the receipts and expenditures of the city or town for the preceding quarter, and the amount remaining in the treasury. He shall, at the end of every fiscal year, make a full and detailed statement of the receipts and expenditures of the preceding year, and a full statement of the financial condition of the affairs of the city or town, which shall be published. He shall Demands and warrants. Deputy. perform such other services as this Act and the ordinances of the Board of Trustees shall require. SEC. 879. It shall be the duty of the attorney to advise the Attorney. city or town authorities and officers in all legal matters pertaining to the business of said city or town. He shall receive the delinquent list and receipt therefor; he is authorized to bring suit in the name of the city or town, in the proper Court, for the collection of any tax; he shall receive for collecting taxes such per cent on the amount collected as may be provided by ordinance, which said per cent shall be collected of the delinquent taxpayers as provided by ordinance. In case a suit shall be brought in the Superior Court upon. a tax upon real estate to sell such real estate for the purpose of paying such tax and costs, he shall be allowed, in addition to the said per cent, twenty-five dollars for each suit brought, to be taxed as costs in such suit, and not to be paid to said attorney unless collected of the defendant in such suit. Said attorney shall receive such other compensation as may be allowed by the Board of Trustees. SEC. 880. The Department of Police of said city or town Marshal. shall be under the direction and control of the Marshal; and for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon Sheriffs by the laws of the State, and shall in all respects be entitled to the same protection; and his lawful orders shall be promptly executed by deputies, police officers, and watchmen in said city or town, and every citizen shall also lend him aid, when required, for the arrest of offenders and maintenance of public order. He shall and is hereby authorized Duties. to execute and return all process issued and directed to him by any legal authority. It shall be his duty to prosecute before the Recorder all breaches or violations of or noncompliance with any ordinance which shall come to his knowledge. He shall collect all taxes levied by the Board of Trustees, except as is herein provided. He shall, at the expiration of any month, pay to the Treasurer all taxes and other funds of said city or town collected by him during said month. He shall, upon payment of the money, file with the Treasurer an affidavit, stating that the money so paid is all the taxes or funds that he has collected or received during the preceding month. He shall, upon the receipt of any tax list, give his receipt for the same to the Clerk, and shall, upon depositing with the Clerk the delinquent tax list, take his receipt therefor. He shall receive from the Clerk all licenses, and collect the same. He shall have charge of the prison and prisoners, and of any chain-gang which may be established by the Board of Trustees. He shall, for service of any process, receive the same fees as Constables. He may appoint, subject to the approval of the Board of Trustees, one or more deputies, for whose acts he and his bondsmen shall be responsible, whose only compensation shall be fees for the service of process, which shall be the same as those allowed to the Marshal. He may also, with the concurrence of the tion fixed by Board. President of the Board of Trustees, when the same may be by them deemed necessary for the preservation of public order, appoint additional policemen, who shall discharge the duties assigned them for one day only. He shall perform such other services as this Act and the ordinances of the Board of Trustees shall require, and shall receive such compensation as shall be fixed by ordinance. Compensa SEC. 881. The Board of Trustees shall, by ordinances not inconsistent with the provisions of this chapter, prescribe the additional duties of all officers, and fix their compensation. Recorder's Court. Powers of Recorder as Judge. Recorder dis qualified as Judge in certain cases. ARTICLE V. JUDICIAL DEPARTMENT. SEC. 882. A Recorder's Court is hereby established in such city or town, to be held by the Recorder of such city or town. Said Recorder's Court shall have jurisdiction, concurrently with the Justice's Courts, of all actions and proceedings, civil and criminal, arising within the corporate limits of such city or town, and which might be tried in such Justice's Court; and shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty, or forfeiture prescribed for the breach of any ordinance of such city or town, of all actions. founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceeding in said Recorder's Court shall be the same as are or may be prescribed by law for Justices' Courts in like cases; and appeals may be taken to the Superior Court of the county in which such city or town may be situated, from all judgments of said Recorder's Court, in like manner and with like effect as in cases of appeals from Justices' Courts. SEC. 883. The Recorder shall be Judge of the Recorder's Court, and shall have the powers and perform the duties of a magistrate. He may administer and certify oaths and affirmations, and take and certify acknowledgments. He shall be entitled to charge and receive for his services such fees as are or may be allowed by law to Justices of the Peace for like services, except that for his services in criminal prosecution for violation of ordinances, he shall be entitled to receive only such fees as the Board of Trustees shall by ordinance prescribe. SEC. 884. In all cases in which the Recorder is a party, or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness or inability to act, the Recorder may call in a Justice of the Peace residing in the city or town to act in his place and stead; or if there be no Justice of the Peace residing in the city or town, or if all those so residing are likewise disqualified, then he may call in any Justice of the Peace residing in the county in which such city or town may be situated. ARTICLE VI. MISCELLANEOUS PROVISIONS. moneys. SEC. 885. Every officer collecting or receiving any moneys Collection of belonging to or for the use of such city or town, shall settle for the same with the Clerk on the first Monday in each month, and immediately pay the same into the treasury, on the order of the Clerk, for the benefit of the funds to which such moneys respectively belong. be interested contract. SEC. 886. No officer of such city or town shall be inter- No officer to ested, directly or indirectly, in any contract with such city or in any public town, or with any of the officers thereof in their official capacity, or in doing any work or furnishing any supplies for the use of such city or town, or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer is interested, shall be void, and if audited and allowed shall not be paid by the Treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. CHAPTER L. An Act to appropriate money for the support of the Mining Bureau, and to repeal all Acts and parts of Acts inconsistent therewith. [Approved March 13, 1883.] The People of the State of California, represented in Senate and Bureau. SECTION 1. There is hereby appropriated out of any Mining moneys in the State treasury the sum of five thousand dol lars per annum, for the care, support, and maintenance of the Mining Bureau, under the provisions of an Act entitled "An Act to provide for the establishment and maintenance of a Mining Bureau," approved April sixteenth, eighteen hundred and eighty. SEC. 2. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. SEC. 3. This Act shall take effect immediately. Hair cutting for sanitary purposes. CHAPTER LI. An Act to protect the public health, to prevent the introduction and spreading of disease, and to provide for the protection of the health of criminals under sentence on conviction of a misdemeanor. [Approved March 13, 1883.] The People of the State of California, represented in Senate and SECTION 1. Whenever the Board of Health of any city or county, or city and county, or the Board of Supervisors of any county, or the County Physician of any county of this State, shall present or cause to be presented to the Sheriff, or other officer having charge of any county jail or prison in any county or city, or city and county, in this State, a certificate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of protecting the public health, or to prevent the introduction or spreading of disease, or to protect or improve the health of criminals under sentence, that the hair of any criminal or criminals should be cut, the said Sheriff, or other officer, shall cut, or cause to be cut, the hair of any such person or persons in his charge convicted of a misdemeanor and sentenced to a longer term of imprisonment than fifteen days, to a uniform length of one and one half inches from the scalp of such person or persons so imprisoned. SEC. 2. This Act shall take effect from and after its pas sage. Limit of official absence. CHAPTER LII. An Act to amend section eight hundred and fifty-three of an Act entitled "An Act to establish a Political Code," approved March 12, 1872, relating to the absence of State officers from the State. [Approved March 13, 1883.] The People of the State of California, represented in Senate and SECTION 1. Section eight hundred and fifty-three of the 853. No officer mentioned in the preceding section must absent himself from the State for more than sixty days, unless upon business of the State, or with the consent of the Legislature. SEC. 2. This Act shall be in force from and after its passage. |