CHAPTER III. Legislative Powers. $4403. Common Council, how constituted. $ 4404. Wards, boundaries and number of $4405. First meeting, for organization. 4406. Quorum. 4407. Control over members. Rules, journals and publicity of proceedings. $ 4408. Additional powers of Common Council. 4409. Street improvements, how made. 4410. To grant authority to gas and water companies. 4411. Reservations by cities. 4412. Contract for gas and water. $4413. Restrictions and conditions to be imposed. § 4414. Ordinance, how vetoed, and how passed over veto. 4403. The Common Council consists of not less than three citizens of the city, elected one from each of the wards. The Mayor is the presiding officer thereof. 4404. The Common Council has power to divide the city into a convenient number of wards, fix the boundaries thereto, and may change the same from time to time as they see fit, having regard to the number of white male inhabitants, so that each ward contains as near as may be the same number of inhabitants. The number of wards of any city must not exceed the number of Councilmen to which the city is entitled; and when the city has been so divided, the Councilmen must be elected from the several wards respectively, according to the number of inhabitants. Basis of section-and of next two, Stats. 1850. p. 87. 4405. The members of the Common Council must assemble within five days after their election, and choose some suitable person as Clerk. In case of the absence of the Mayor they may elect a President pro tempore, who has all the powers and must perform all the duties of President. They must, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the Mayor at any time. 4406. A majority of the members of the Common Council constitutes a quorum to do business; but a less number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Council may, by ordinance, prescribe. POL. CODE-59. 4407. The Common Council is the judge of the qualification, clections, and returns of their own members and the other officers elected under the provisions of this title. They may determine contested elections; they may provide rules for their own proceedings, punish any member or other person for disorderly conduct in their presence, and, with the concurrence of two-thirds of their number, expel any member, but not a second time for the same cause; they must keep a journal of their proceedings, and at the desire of any member must cause the yeas and nays to be taken and entered on any question; and their proceedings must be public. 4408. The Common Council has power: 1. To create the offices of City Clerk, City Attorney, Assessor, and Collector, and such other offices as may be necessary, and prescribe their duties and fix their compensation. 2. To establish and fix the salaries of the Mayor, Police Judge, and other city officers, and also fix a tariff of fees for the officers entitled to such, designating the fees allowed for each particular item of service, and cause the same to be published in like manner with the ordinances passed by the Common Council. 3. To manage the finances and property of the city. 4. To regulate the streets, wharves, piers, and chutes in the city, and the use thereof. 5. To establish or authorize slaughter houses and markets, and regulate the same. 6. To provide for lighting, watering, and cleaning the city, and protecting it against fire. 7. To license and regulate hacks, cabs, carts, omnibuses, railway cars, and all other vehicles, butchers, porters, pawnbrokers, peddlers, showmen, and junk shop keepers, theaters, and all other places of public amusement. 8. To provide for licensing any or all business not prohibited by law, and fix the amount of license tax for the same. 9. To regulate the keeping and use of animals, and the keeping and use of gunpowder and other dangerous sub stances. 10. To suppress gaming, gambling houses, and other disorderly houses, nuisances of every description, and all kinds of vice and immorality. 11. To prohibit the burial of the dead within the city, except at such places and in such manner as the Common Council may determine. 12. To establish and regulate a Police Department. 13. To establish and regulate a Fire Department. 14. To impose penalties for the violation of ordinances; but no single penalty must exceed a fine of five hundred dollars, or imprisonment for ten days, or 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 Sacra mento. 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. Basis of first two subdivisions of section-Stats. 1850, p. 87. SUBDIVISION 3. Property of the city-When lease of realty void, 43 Cal. 502. SUBDIVISION 6. Water for city-Action in excess of authority, 15 Cal. 11. SUBDIVISION 10. All kinds of vice and immorality-may be suppressed, and under similar provision municipal legislative body may by ordinance punish uttering of profane language, 43 Cal. 480. SUBDIVISION 16. By-Laws-must be reasonable, 55 Cal. 212. SUBDIVISION 19. Opening streets--is a municipal purpose, 41 Cal. 525. 4409. Whenever the owners of a major part of the property fronting on any street or avenue desire 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. Basis of section-Stats. 1850, p. 87. Improvement of streets-in city of Oakland, discretionary, supervisory, and appellate powers of City Council, 52 Cal. 270; in San Francisco, under Const. Cal, 1879, 54 Cal. 245. Assessments for street work must be collected in advance-under Const. Cal. 1879, § 19, art. 11. held self-executing in 54 Cal. 245. 4410. The Common Council, by ordinance, approved by the Mayor, may grant to any gas or water company the privi lege of laying down pipes in the streets and alleys of such city for supplying gas and water for the streets and buildings thereon, for a term not exceeding twenty-five years. Basis of section-and of rest (except last) in chapter, Stats. 1870, p. 815. 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. Privilege granted to any individual or company-under certain conditions, Const. Cal. 1879, § 19, art. 11. 4412. The Common Council may contract with 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. 4413. In granting authority to lay down pipes, 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. 4414. Every ordinance passed by the Common 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. Basis of section-Stats. 1850, p. 87. Ordinance of a city--ratification by Legislature equivalent to ita re-enactment by that body, 45 Cal. 446. CHAPTER IV. Judicial Powers. $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. $4229. Always open, except on non-judicial days. $ 4430. $ 4431. $ 4432. Proceedings in criminal offenses not triable in. 4424. The City Police Judge must be a qualified elector of the city. Any vacancy in the office of Police Judge must be filled by an appointee of the Mayor, made with the advice and consent of the Common Council. Police Judge's Court No. 2, of San Francisco--created by Stats. 1881, p. 75. 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. Basis of section-Stats. 1866, p. 194. Inapplicability to San Francisco-of provision as to misdemeanors in subd. 3 of section, 47 Cal. 127, 128. 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 |