the Supreme Court of this State; one office clerk, and one messenger or office boy.

CHAPTER III.

OF THE DISTRICT ATTORNEY.

SECTION 1. The District Attorney is the public prosecutor. He shall be an attorney of the Supreme Court of this State, and shall have been in the active practice of his profession for at least ten years, five of which shall have been in the City and County of San Francisco.

SEC. 2. The District Attorney shall attend the Superior Court of this State, in and for said city and county, and such other Courts as are, or may be established therein, and conduct in said Courts on behalf of the people, all prosecutions for public offenses. He shall commence actions on all forfeited bail bonds within thirty days after they are declared forfeited, and prosecute the same until the final determination thereof by the courts of last resort, unless previously finally determined in favor of the plaintiff; and there shall be no power to compromise any such action, either in the District Attorney or any other officer, or in any Board. In any and all actions and proceedings to recover on bail bonds, the District Attorney may, whenever any property is exposed for sale therein, bid on behalf of said city and county and see that the public interests are protected, and, if necessary, purchase said property for and in the name of said city and county, at a price not exceeding the amount of the judgment had on such bail bond. Said property, when so purchased, shall be held and disposed of by said city and county in such manner as may be prescribed by General Ordinances of the Supervisors, and the proceeds of all sales thereof shall be immediately paid into the Treasury of said city and county, and into the Funds, and be used for the purposes as provided by law with respect to moneys collected or received upon forfeited bail bonds in said city and county. He shall perform such other duties as are or may be prescribed by law.

SEC. 3. The District Attorney may, by written certificate signed by himself, and filed in the County Clerk's office, appoint two Assistant District Attorneys, and at his pleasure remove them, or either one of them, each of whom shall be an attorney of the Supreme Court of this State, and have been in active practice of their profession for at least five years. It shall be the duty of each of such Assistant District Attorneys to assist the District Attorney in the performance of his official duties and to do and perform such other duties in the prosecution of criminal actions in any of the Courts of said city and county as the said District Attorney may order or direct.

He shall in like manner appoint two Assistant District Attorneys, who shall, under his direction, act as prosecuting attorneys of the Police Court, each of whom shall be an attorney of the Supreme Court of this State.

He may appoint two Clerks to hold office during his pleasure; and also two Clerks who shall perform such duties as may be required of them by the Assistant District Attorneys acting in prosecuting in the Police Court.

Each and all of the above-named assistants, and Clerks shall be a part of the legal staff of the District Attorney, and in his office, and subject to his orders and control.

CHAPTER IV.

OF THE PUBLIC ADMISTRATOR.

SECTION. 1. A Public Administrator of said city and county shall be elected every two years at the time prescribed for the election of other Municipal Officers, by the. qualified electors thereof; he shall perform such duties as are or may be prescribed by law.

SEC. 2. All moneys received by him belonging to any estate shall be by said Administrator immediately paid into the Treasury of said city and county to the credit of the particular estate, and shall only be drawn out of said Treasury upon an order signed by a Superior Court Judge, and countersigned by the Clerk of the Superior Court and the Public Administrator, which order shall, before payment, be audited by the Auditor.

SEC. 3. He shall give his personal attention to the duties of his office in and out of Court, and shall not employ attorney or counsel in any matter at the expense of the estate represented, except as herein provided In all difficult contested cases, or cases at law, or in equity, respecting any estate in his charge, he may make a verified petition to the Superior Court, in the proceeding wherein the administration of such estate is being conducted, setting forth the facts and reasons why it is necessary that he should have the assistance of counsel, and the said Court in such proceedings may assign counsel to aid the Public Administrator, but shall only do so by an order signed by one or more of the Judges thereof, and also entered in the minutes, wherein the facts by reason whereof such necessity exists shall be recited, and such Judge or Judges shall certify to the necessity for the order, and the counsel shall be named, and his

compensation fixed, which shall in no event be a charge upon said city and county. No compensation shall ever be paid for any such assistance rendered before the making of an order therefor as aforesaid.

CHAPTER V.

OF THE COUNTY CLERK.

SECTION 1. The County Clerk of such city and county shall keep open his office, and all offices attached to the various Courts of which he is Clerk, for the transaction of business, every day in the year, except legal holidays, from half past eight o'clock in the forenoon to the hour of five in the afternoon. He shall perform such duties as are or may be imposed on County Clerks by law.

SEC. 2. He shall take charge of, and safely keep according to law, all books, papers and records which are or may be filed or deposited in his office, and of all the Courts of which he is Clerk; and he shall not allow any papers, files or records to leave his custody, except when required by the Judges of the Courts, to be used by them or any of them, or by a referee. He shall be the Clerk of the Justices' Court and of the Police Court of said city and county.

SEC. 3. No Judge or officer of any Court shall make any order for the delivery by the County Clerk of said city and county, of any papers, files or records in his custody; nor shall the Courts or Judges thereof have any power to make orders for the delivery of any certificate of incorporation, bond or other paper filed with the said County Clerk. When any of said papers are required for evidence or use in any of the Courts within said city and county, or before a referee therein, the County Clerk or his deputies shall produce the same, under subpœna or order of the Court, without fee or charge therefor.

SEC. 4. On the commencement in, or removal to the Superior Court of any civil action or proceeding, he shall collect from the plaintiff or party instituting the proceedings, the sum of one dollar, and pay the same immediately into the Treasury of the city and county to the credit of the Treasurer of the Law Library of said city and county.

SEC. 5. He may appoint one chief deputy. He may appoint twelve Deputy Clerks to act as Register clerks, and twelve Deputy Clerks who shall act as Assistant Register Clerks, and twelve deputies to act as Court-room Clerks.

SEC. 6. Such Court-room Clerks, when not in attendance on their respective Courts, shall do duty in the Clerk's office, in copying papers and records, and in comparing copies of papers and records, and they and all other Deputy Clerks shall perform such other services as may be required of them by the County Clerk.

SEC. 7. He may appoint three Deputy Clerks to perform all clerical duties pertaining to the Justices Court of said city and county, under his direction and supervision.

SEC. 8. For copies of papers furnished and certified by him, he shall charge not exceeding ten cents for each one hundred words. For certifying papers to be copies, which copies are not prepared by him, he shall be entitled to charge one dollar, and also one dollar per hour for the time exceeding one hour necessarily occupied in comparing such copies. It shall be the duty of the said clerk to certify to all papers presented to him which are copies of any document, paper or record, or portions thereof in his custody.

CHAPTER VI.

OF THE JUSTICES' COURT.

SECTION 1. There shall be elected by the qualified electors of said city and county at every general election held in said city and county, five Justices of the Peace, who shall hold their offices for the term of two years and until their successors are elected and qualified, who shall constitute the Justices' Court in and for the said city and county. Any one of said Justices may hold Court, and there may be as many sessions of said Court, at the same time, as there are Justices thereof. The said Justices shall choose one of their number to be Presiding Justice, who may be removed and another appointed in his place by a vote of a majority of them; provided, that in case of the temporary absence or disability of the Presiding Justice, any one of the other Justices, to be designated by the Presiding Justice, may act as Presiding Justice during such absence or disability. Such Court shall always be open, non-judicial days excepted.

SEC. 2. The Justices Court and the Justices thereof, shall have the powers and jurisdiction which are or may be prescribed and conferred by law upon Justices of the Peace and Justices' Courts in said city and county; provided, however, that they shall not have power to try or decide any public offenses whereof the Police Court of said city and county has the jurisdiction to try and determine. Until otherwise provided by law, or by ordinance of the city and county, the provisions of Articles I and III, Chapter V. of Title 1 Part One of the Code of Civil Procedure, excepting Sections 84, 86, 97, 98, 111, 112 and 115 thereof, as the same are contained in an Act of the Legisla

ture, entitled "An Act to amend Part One of the Code of Civil Procedure, and each and every Title, Chapter, and Section of said Part One, and substituting a new Part One to take the place thereof in said Code relating to Courts of Justice and various officers connected therewith," approved April 1, 1880, are hereby made applicable to the Justices Courts and the Justices thereof, in and for said city and county, in like manner and to the same extent as if the same had been at length incorporated in and made a part of this Charter.

SEC. 3. The Deputy Clerks acting in said Justices Court, shall have authority to administer oaths and take and certify affidavits in any action, suit or proceedings therein, and generally such authority as may be prescribed by law for Deputies to the County Clerk of said city and county.

SEC. 4. All actions, suits and proceedings, whereof Justices of the Peace and Justices Courts in said city and county have exclusive jurisdiction, shall be commenced, entitled, and prosecuted in said Court.

SEC. 5. All records, registers, dockets, books, papers, causes, actions, judgments and proceedings lodged, dedosited, or pending before the Justices Court, or any Justice of said city and county, are transferred to the Justices' Court of said city and county herein provided for, which Court and the Justices thereof, shall have the same power and jurisdiction over them as if they had been in the first instance, lodged, deposited, filed or commenced therein.

SEC. 6. The Justices Court in said city and county, and the Justices thereof, shall be the Justices Court and Justices thereof respectively, with all the powers and jurisdiction prescribed by law or by ordinance of said city and county, so far as the same are not inconsistent with the provisions of this Charter, and shall continue to act as such until their successors, to be elected at the general election in the year 1884, shall qualify and enter upon the duties of their office.

SEC. 7. The Justices Court herein provided for is the same Justices Court and the Justices thereof are the same Justices which are or were intended to be provided in and for said city and county by the Act of the Legislature which is referred to in the second section of this chapter. Nothing contained herein shall be construed to authorise the election of more than five Justices of the Peace for said city and county, nor to authorize the appointment by the Sheriff of any deputies other than those whom he is authorized to appoint by the provisions of this Charter relating to the office of Sheriff.