The San Francisco call., 1898-04-04


 Sec. 3. Proceedings in said Court shall be conducted in accordance with the laws of this State regulating pro- ceedings in Justices and Police Courts and appeals to the Superior Court: and said Court or any Judge thereof shall have the same power in all criminal actions, cases and proceedings as are now or may be hereafter conferred by the general law of this State upon Jus tices of the Peace: provided. that:
 F'irst-No case shall be dismissed or fine imposed until the testimony for the prosecution shall be taken.
 Second-Any defendant who neglects to file his statement on appeal within ten days after sentence shall lose his right to appeal. unless good cause for the delay be shown by affidavit. Press of business on the part of defendants s attorney shall not be deemed good cause for delay. Unless the District Attorney shall file amendments to the proposed statement on appeal within five days after the same shall have been filed and served, the proposed statement on appeal shall be the state ment on appeal. The Judge before whom the case was tried shall settle the statement on appeal within five days after the District Attorney shall have filed his amendments to the pro- posed statement.
 Third-Any person who shall solicit or importune any of said Judges. either before or after judgment. to dismiss case. or mitigate a sentence, unless the same be done in open court. shall be guilty of a contempt of court.
 Fourth-A complaint may be demur- red to on the ground that 1t does not set forth the offense charged with such particularities of time. place, person and property as to enable the defend- ant to understand distinctly the char acter of the offense complained of, and the complaint may be amended by per mission of the Court after a demurrer is sustained.
 Fifth-A defendant in custody shall have the right to be tried before de fendant on bail, and felonieS shall be heard before misdemeanors.
 SiXth-The Judges of said Court shall try all cases as speedily as possible, and must refuse continuanceS after the first calling of a case for trial except upon affidavit showing good cause therefor.
 Seventh-Other than lawfully author iZed surety companies, no person shall be eligible to be a bondsman for any defendant on trial in the Police Court, or on appeal from a Judgment therein, except he take an oath that the prop erty specified in the undertaking is in the City and County of San Francisco, and that he is worth the amount spe- cified exclusive of property exempt from execution, and exclusive of all de- mandS for which he may become liable by reason of the forfeiture of any ap- peal or bail bonds for which he is surety.
 Sec. 4. The District Attorney, either in person or by his Assistants, must be present at the sessions of the Court and attend to the prosecution of all cases coming before it, and make out all complaints and warrants for the arrest of persons charged with crime to be prosecuted in said court.
 Sec. g. The District Attorney shall appoint a Warrant and Bond Clerk who shall receive a salary of twenty four hundred dollars year, and three Assistant Warrant and Bond Clerks, each of whom shall receive salary of fifteen hundred dollars a year. No person shall be appointed Warrant and Bond Clerk who is not at the time of his appointment qualified to practice in all the Courts of this State. The Warrant and Bond Clerk shall keep his office open continuously night and day for the transaction of business: shall GraW complaints in actions in the Pc lice Court, and approve the same with his written signature; shall have the custody of all bail bonds anG appeal bonds taken in the Police Court; shall examine the sufficiency of every bail bond and appeal bond taken in the Po- ice ana d IeluIli lHeIcoI- within forty-eight hours after such bond shall have come into his posses sion, in the following form:
 q. ., Warrant and Bond Clerk of the City and County of San Francisco, have examined the within bond and find it good in law. l have examined the records of the City and County of San Francisco, and find the property, it's owners and membranes herein described, to be correct accord ing to said records. (Signed .........., Warrant and Bond Clerk)"
 The Warrant and Bond Clerk shall endorse upon the bond the time when it was issued by him, or when it came into his possession. He may issue bail bonds and appeal bonds when the lia- bility thereof does not exceed two thou sand dollars, and order the discharge from custody of the persons for whom the bonds are issued; and he may take cash bail to the extent in any one case of one thousand dollars. He must ac- count for and pay to the Treasurer all moneys received as bail in the manner that the County Clerk is required by law to account for and pay moneys re- vceived as fees. No clerk of the Police Court shall ever take bail or order the release of any one charged with an of fense.
 Sec. 6. In the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Clerk shall be subject to the Judges of the Police Court, and any violation of a valid order of any of said Judges shall be a contempt of Court.
 Sec. '. For any failure to keep the office of the Warrant and Bond Clerk open continuously he shall be imme- diately removed from office by the Dis trict Attorney or by the Mayor
 Sec. 8. It shall be a misdemeanor for any person other than a Judge of some Court in the City and County, or other than said Warrant and Bond Clerk, to receive bail money for defendants or to order their discharge.
 Sec. 9. All demurrers to complaints, notices of motion, statements and bills of exception on appeal to the Superior Court, must be served upon the Assist ant District Attorney acting in the De- partment of the Court in which the case is set for hearing. or heard or tried.
 Sec. 10. The County Clerk shall be the Clerk of the Police Court, and he must be present either in person or by deputy at all sessions of the Court in the de- partments thereof; call the daily calen- dar of the departments, and keep full and complete records of all cases in the Court and the disposition made thereof