Section repealed. CHAP. LXVII.—An Act to repeal Section One of an Act entitled an Act to authorize the Board of Supervisors of Calaveras County to employ a competent person to examine the Records, and ascertain the present Existing Debt of said County, and to allow a reasonable compensation for the same, and also to allow a reasonable compensation for the examination already made of the Tax Rolls of said County for the years eighteen hundred and fifty-eight, eighteen hundred and fifty-nine, and eighteen hundred and sixty. [Approved March 16, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act, approved April tenth, eighteen hundred and sixty-two, entitled an Act to authorize the Board of Supervisors of Calaveras County to employ a competent person to examine the Records, and ascertain the present existing debt of said county, and to allow a reasonable compensation for the same, and also to allow a reasonable compensation for the examination already made of the tax rolls of said county for the years eighteen hundred and fifty-eight, eighteen hundred and fifty-nine, and eighteen hundred and sixty, is hereby repealed. SEC. 2. This Act shall take effect from and after its passage. Who shall not be witnesses. CHAP. LXVIII.-An Act to amend an Act entitled an Act to regulate proceedings in Civil Cases in the Courts of Justice in this State, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved March 16, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and ninety-four of said Section 394. The following persons shall not be witnesses: First-Those who are of unsound mind at the time of their production for examination. Second-Children under ten years of age, who, in the opinion of the Court, appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly. Third-Mongolians, Chinese, or Indians, or persons having one half or more of Indian blood, in an action or proceeding wherein a white person is a party. Fourth-Persons against whom judgment has been rendered upon a conviction for a felony, unless pardoned by the Governor, or such judgment has been reversed on appeal. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. LXIX.-An Act amendatory of and supplemental to an Act entitled an Act to incorporate the City of San José, passed March sixteenth, eighteen hundred and fifty-nine, and all Acts amendatory thereof. [Approved March 16, 1863.] The People of the State of California, represented in Senate and SECTION 1. All that tract of land now called the City of San BoundariesJosé, situated in the County of Santa Clara, and lying within the following limits and bounds, that is to say: Beginning on the centre line of Second Street, at a point one mile and a half southeasterly from its intersection with the centre line of San Fernando Street, thence running in a straight line parallel with San Fernando Street to the centre of the Coyote Creek, thence down said creek to its intersection with a line drawn through the centre of Rosa Street; thence along said line, in a straight course, to a point forty rods southwesterly from the west bank of the River Guadalupe; thence, in a straight line, to a point in the centre line of San Fernando Street, produced forty rods southwesterly from the said west bank; thence, in a straight line, to such a point southwesterly from said west bank, that a line drawn from it to the place of beginning shall be parallel with San Fernando Street; thence, along said line to the place of beginning, shall henceforth be known as the City of San José. SEC. 2. The government of said city shall be vested in a officers of Mayor, a Common Council, to consist of six members, a City City GovernMarshal, a City Clerk, and a City Treasurer. The said Mayor and Councilmen shall be a body politic and corporate, by the name and style of "The Mayor and Common Council of the City of San José," and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all Courts and in all actions whatsoever, may have and use a common seal, and alter the same at pleasure, and may provide for the use and regulation of all the commons and property of the city by lease or otherwise. ment. office. SEC. 3. The said Mayor and Councilmen, City Marshal, Clerk, Election. and City Treasurer, shall be elected by the qualified voters of the city on the second Monday in April of each and every succeeding year, at a charter election to be held for that purpose, by the legal voters resident of said city, and they shall hold Term of their offices for one year, and until their successors are elected and qualified, with the exception of the Councilmen, one half of whose numbers shall hold for two years, which shall be determined by allotment at the first meeting of the Council after their election in A. D. eighteen hundred and sixty-three, so that in each succeeding year but three Councilmen shall be elected, whose term of office shall be for two years, and until their successors are elected and qualified. elections. SEC. 4. For all elections to be held to fill the offices created Officers of by this Act, the Common Council shall appoint one Inspector, and two Judges of Election, who, together with two Clerks, to be appointed by them, shall take the oath of office prescribed tion. by law for Inspectors and Judges of State and county elections, (the said elections to be held at the City Hall,) declare the polls to be open, proceed to receive votes, and declare the result. The person having a plurality of all the votes cast, shall be deCompensa clared elected. The Common Council shall determine the amount of compensation of each of such officers of election, which shall not exceed three dollars per day. And all returns of city elections shall be made out and signed by said officers of election, and filed with the City Clerk. The polls for all elections shall be opened at eight o'clock A. M., and continue open until six o'clock P. M., of the same day. In case any of the officers so designated shall fail to attend, those attending shall fill their places by appointing other competent persons from among the qualified electors present. Vacancies. Meetings of Council. Vacancies. Same. Duties of Duties and powers of Council. Proviso. SEC. 5. The Mayor and Common Council shall, on the first Monday after their election, meet for the transaction of business, and shall thereafter meet on the first Monday of each succeeding month. SEC. 6. If, at any time, either or any of the officers created by this Act shall, by sickness, absence, or otherwise, be unable to perform the duties of his office for a longer period than three consecutive months, his office shall be deemed vacant. SEC. 7. If any such vacancy shall occur in the office of Mayor or Councilman at any time three months previous to the regular election, the same shall be filled by a special election, to be called by the Common Council for that purpose, by giving ten days notice thereof. If any vacancy shall occur in the office of City Marshal, Clerk, or Treasurer, the same shall be filled by appointment by the Common Council. SEC. 8. The Mayor shall preside at all meetings of the Common Council, but shall be entitled to no vote unless in case of a tie. He shall communicate, by message, to the Common Council, all such information as he possesses, and make such recommendations in regard to the affairs of the city as he may deem expedient, and he shall make out and publish in some newspaper printed in said city, a semi-annual report and statement, on the first Mondays of September and March of each year, of the receipts and expenditures of the preceding months, specifying upon what account each expenditure and receipt was made and had, and embodying also, his views and recommendations of the city affairs. SEC. 9. The Common Council shall pass such ordinances from time to time as they may deem expedient for the regulation of the municipal affairs of the City of San José, and for that purpose shall have power to make provisions for paying or in any manner liquidating the indebtedness of the city, in accordance with the provisions of this Act, and such laws as are now in force providing for the funding of the indebtedness of the city; to fix the amount of penalty on the bonds of the several city officers, and such bonds shall be made payable to the Mayor and Common Council of the City of San José; provided, the penalty on any bond shall not be less than double the amount of money presumed to be in his or their hands at any one time; to prevent and remove nuisances within the limits of the city; to license, regulate, and restrain, theatrical and other amuse ments within the city; to license all and every kind of business authorized by law and transacted or carried on in said city, and to fix the rate of license tax upon all such business, which shall not exceed the amount fixed by law for State and county purposes, with fifty per cent added thereto; provided, Proviso. that in the business of selling intoxicating liquors in less quantities than one quart, and on any other business not provided for by law, the amount of license shall be fixed at their discretion for the interests of the city; to establish and regulate markets; to purchase, hold, and maintain fire engines and implements for the prevention and suppression of fires; to construct wells and cisterns, and keep the same in repair; to organize and maintain a Fire Department, and supply the city with water; to lay out, alter, widen, open, improve, and cleanse, the streets, alleys, and public places; to use, occupy, and repair, any property of the city; to impose and appropriate fines, penalties, and forfeitures, for breaches of city ordinances; to levy and collect taxes upon all the taxable property within the city, which taxes, for city purposes, shall not exceed one half of one per cent on the assessed value of the real and personal property in said city as adjusted by them; to pass such other ordinances and by-laws for the regulation of the police and government of the city as they shall deem necessary, all of which ordinances shall be published in such manner as shall be prescribed by the Common Council. ordinances. SEC. 10. Every ordinance passed by the Common Council, in Passage of order to possess legal force, shall receive a majority vote of the members present, and the approval of the Mayor, or, if he shall refuse to approve the same, to render such ordinance valid it shall require the votes of five of the Councilmen. Council SEC. 11. The Common Council shall have no power to create Powers of any debt upon the credit of the city, nor to make any expendi- restricted. ture for improvements except as provided for in this Act, nor shall any warrant be drawn on the City Treasurer unless there shall be sufficient moneys to meet the same after paying the current expenses of the city government, and all other demands legally due. SEC. 12. All demands that shall lawfully arise against the Claims. city, in order to be entitled to payment, shall, after being verified by the oath of the claimant, be presented to and allowed for such amount as shall be just by the Common Council, and shall be signed by the Mayor, and countersigned by the Clerk, and the same, after being so allowed, and a warrant issued Warrants. therefor, shall, on presentation to the City Treasurer, be paid as hereinafter provided out of any Fund upon which such warrant shall be drawn. duties of Council. SEC. 13. At each regular meeting of the Common Council, Powers and they shall inquire into the condition of the streets, bridges, Fire Department, and all property belonging to the city, and if it shall appear that the interests of the city demand an expenditure of more money than at such time is in the Treasury appropriated for such purposes, or to recover possession of any real estate or property of said city, they shall make a report of the same, to be published for at least four successive weeks in some newspaper printed and published in the City of San José, par Improvement of streets. Same. ticularly specifying the object or objects for which the expenditure is required, and the amount of money necessary to be raised by tax to meet the same. At any time within fifteen days after the expiration of the publication as aforesaid, the said Council shall call an election, giving ten days notice thereof, at which those persons who are legal voters of said city may vote for or against the tax to meet the proposed expenditures. The voting shall be by ballot, and a majority vote shall determine if such tax shall be levied or not. The Common Council shall examine and declare the result, and if the vote. is in favor of levying the tax, the Common Council shall forthwith order the tax or taxes to be levied and collected upon the basis of the last assessment, and shall make the proposed expenditure; provided, that the special tax thus levied shall for no one year exceed more than one half of one per cent on the valuation of property as shown by the last assessment roll, and shall be levied and collected as provided by law for the levy and collection of State and county taxes. SEC. 14. If at any time the owners of two thirds of the real estate fronting on any street, counting from one cross street to another cross street, shall petition the Common Council for the privilege of constructing, repairing, grading, gravelling, or paving such street, or the sidewalks along the same, then it shall be the duty of the Common Council to cause an immediate survey of the proposed improvements, to be made by some competent Surveyor, who shall, in his specifications, give the proper grade, and the amount of excavation or filling in front of each person's real estate to the middle of the street, or if the improvements only extend to sidewalks, then he shall give the grade, and the amount of the excavation or filling of the sidewalks. If the Common Council approve the survey and specifications of the Surveyor, they shall order said improvements as petitioned for to be made, and shall cause such order to be published for at least three successive weeks in some newspaper printed and published in the City of San José; and upon the completion of any improvements made under the provisions of this section, and the acceptance of the same by the Common Council, said Council shall make an assessment of the costs thereof to each of the persons owning said. real estate, and the same shall constitute a lien upon such real estate until the assessment is paid or satisfied; provided, that each of said persons shall have the privilege of making their improvements in accordance with the specifications, and within the time mentioned in the ordinance ordering said improvements to be made; but if not so made, then it shall be the duty of the Marshal forthwith to let out, in the manner provided by ordinance, the making of all the improvements that remain unfinished; and if the owner or occupant of such real estate shall fail, neglect, or refuse to pay for the cost of the same when completed, it shall be the duty of the Marshal, by order of the Common Council, to institute suit, in the name of the city, against said owner for the recovery of said costs, and the judgment rendered thereon shall constitute a lien upon said real estate, and execution may be issued thereon, and served as in other cases in civil actions; provided, further, that the costs of survey and specification shall be paid by said |