five hundred dollars, or imprisonment for ten days, or Same. both. 15. To impose and appropriate fines, penalties, and forfeitures for breaches of ordinances. 16. To make by-laws and ordinances not repugnant to the Constitution and the laws of the United States or of this State. 17. To require any land or building to be cleansed at the expense of the owner or occupant, and upon his default, may do the work and assess the expense upon the land or building. 18. To establish a Board of Health to prevent the introduction and spreading of disease, or to ordain and adopt for the government of the city the "Quarantine" or "Health Regulations," provided by this Code for San Francisco or Sacramento. 19. To levy and collect taxes, to lay out, extend, alter, or widen streets and alleys, and make appropriations for any object of city expenditures. 20. To erect and maintain Poor Houses and Hospitals, and pass such by-laws and ordinances for the regulation of the Police as they may deem necessary. All ordinances must be published in the manner prescribed by the Common Council. NOTE.-For California decisions see Cal. Digest, improve made. 4409. Whenever the owners of a major part of Street the property fronting on any street or avenue desire ments, how to improve such street by paving the same, or constructing sewers, or otherwise, the Mayor and Council may make such improvement at the expense of all the owners of property on the street, which expense must be in proportion to the number of feet owned by each. NOTE.-Stats. 1850, p. 87, Sec. 34. 4410. The Common Council, by ordinance, approved by the Mayor, may grant to any gas or water To grant authority to gas and water company the privilege of laying down pipes in the streets and alleys of such city for supplying gas and companies. water for the streets and buildings thereon, for a term not exceeding twenty-five years. Reservations by cities. Contract for gas NOTE.-Stats. 1870, p. 815, Sec. 1, modified. 4411. In exercising the authority mentioned in preceding section the Common Council must reserve the right to grant similar privileges to other companies, and require the laying down of the pipes to be under the reasonable direction of the city authorities, and to be so laid as to do no injury to the proper use of the paving, planking, or macadamizing of the streets and alleys, nor to private property situate thereon. NOTE.-Stats. 1870, p. 815, Sec. 2. 4412. The Common Council may contract with and water. gas and water companies for supplying the streets and public buildings with all gas and water necessary for their proper use; the rates to be paid therefor must not be fixed for a term exceeding five years, and the city authorities must reserve the right to abrogate such contract whenever gas or water is offered to be supplied at two thirds of such fixed contract price. NOTE.-Stats. 1870, p. 815, Sec. 3. Restric tions and to be imposed. 4413. In granting authority to lay down pipes, conditions and in contracting for gas and water, the Common Council must impose such restrictions and conditions, and provide for such locations and construction of gas and water works and pipes as to work the least possible public or private inconvenience, and provide for enforcing such restrictions and conditions. NOTE.-Stats. 1870, p. 815, Sec. 3. The Act of 1870, p. 815, is unrepealed, and applicable to all cities not organized under this Title, as also all city charters and Acts incorporating cities and towns. how vetoed, and how passed over veto. 4414. Every ordinance passed by the Common Ordinance, Council must before it becomes effective be presented to the Mayor for his approbation. If he approve it, he must sign it; if not, he must return it, with his objections in writing, to the Common Council, who must cause the same to be entered upon its journals, and proceed to reconsider the same. If after such consideration two thirds of all the members of the Common Council elect shall agree to pass the same, it becomes an ordinance. In all such cases the votes must be taken by yeas and nays, and the names of the members voting for and against the same must be entered on the journal. If any ordinance is not returned by the Mayor within ten days (Sundays excepted) after it is presented to him, the same becomes effective, as if the Mayor had signed it. NOTE.-Stats. 1850, p. 87, Sec. 21. See Sec. 4386, CHAPTER IV. JUDICIAL POWERS. SECTION 4424. Police Judge; vacancy, how filled. 4425. Police Court Clerk. 4426. Criminal jurisdiction. 4427. General and exclusive jurisdiction. 4428. When Justice of the Peace to act as Police Judge. 4429. Terms. 4430. Form of proceedings. 4431. Trials in Police Courts. 4432. Civil practice in Police Courts. 4424. The City Police Judge must be a qualified Police Judge; how filled. elector of the city. Any vacancy in the office of Po- vacancy, lice Judge must be filled by an appointee of the Mayor, made with the advice and consent of the Common Council. Police Clerk. Criminal jurisdic tion. General and exclusive jurisdiction. 4425. The Police Judge may appoint a Clerk, with such compensation, by way of salary or fees, as the Common Council may by ordinance provide. 4426. The Police Court has exclusive jurisdiction of the following public offenses committed within the city boundaries: 1. Petit larceny; 2. Assault and battery, not charged to have been committed upon a public officer in the discharge of his official duty, or with intent to kill; 3. Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment; and, 4. Of proceedings respecting vagrants, lewd, or disorderly persons. NOTE.-Stats. 1865-6, p. 192, Sec. 3-Oakland City. 4427. The Police Court also has exclusive jurisdiction: 1. Of all proceedings for the violation of any ordinance of the city, both civil and criminal; 2. Of any action for the collection of taxes and assessments levied for city purposes; or for the erection or improvement of any school house or public buildings; for the laying out or opening or improving any public street or sidewalk, lane, alley, bridge, wharf, pier, or dock; or for the purchase of or the improvement of any public grounds; or for any and all public improvements made and ordered by the city within its limits, when the amount of the tax or assessments sought to be collected against the person assessed is less than three hundred dollars; but no lien upon the property taxed or assessed for the non-payment of the taxes or assessment can be foreclosed in any such action; 3. Of an action for the collection of money due to Same. the city, or from the city to any person, when the amount sought to be collected, exclusive of interest and costs, is less than three hundred dollars; 4. For the breach of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party or is in any way interested; and all forfeited recognizances given to or for the benefit or in behalf of the city; and upon all bonds given upon any appeal taken from the judgment of the Court in any action above named where the amount claimed, exclusive of costs, is less than three hundred dollars; 5. For the recovery of personal property belonging to the city, when the value of the property (exclusive of the damages for the taking or detention) is less than three hundred dollars; and, 6. Of an action for the collection of any license required by any ordinance of the city. NOTE.-Stats. 1865-6, p. 193, Sec. 4-Oakland. 4428. In all cases in which the Judge 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; and in case of his sickness or inability, the Police Judge may call in a Justice of the Peace residing in the city to act in his place and stead. When the Peace Justice of to act as Police Judge. 4429. Police Courts are always open for the trans- Terms. action of business, except on non-judicial days. NOTE.-Stats. 1865-6, p. 1195, Sec. 11. 4430. Proceedings in the Police Court in criminal Form of actions for offenses not triable in such Courts must be proceed ings. had in conformity with the provisions of Part II, Title III, Chapter VII of THE PENAL CODE. 34-VOL. II. |