People ex rel. Bd. of State Harbor Comm'rs v. Broadway Wharf Co.

Citations

• 31 Cal. 33

Syllabus

<p>Common Council of San Francisco—Its Sale of City Front.— The Act of April 15th, 1850, incorporatiug the City of San Francisco, did not confer upon the Common Council of that city the power to create by ordinance a Sinking Fund to pay the indebtedness of the city, nor did it confer upon said Common Council the power to convey, by ordinance, the city front or wharves in the harbor to said Board.</p> <p>Sales and Lease op Wharves in San Francisco in 1851.—The conveyance 6 made by the Common Council of San Francisco, by ordinance of August 23d, 1850, to the Board of Commissioners of the Sinking Fund, of Broadway Wharf, was void for want of power, and the lease of the wharf to Francis Salmon by said , Board on the 13th of February, 1851, was also void for the same reason, as was also the conveyance of said wharf, made by said Board of Commissioners on the 24th of May, 1851, to the Commissioners of the Funded Debt, created by the Act of May 1st, 1851.</p> <p>Cases Affirmed.—Smith v. Morse, 2 Cal. 524, and JHeydenfeldt v. JHiioheoch, 15 Cal. 514, as to the power of the Board of Commissioners of the Sinking Fund of San Francisco, created by an ordinance of the Common Council August 23d, 1850, to convey the wharves or city front of said city.</p> <p>Confirmation op Void Lease.—The confirmation by the Legislature of a lease of a wharf, the property of the State, void because made by a Board of Commissioners who had no power to make it, only vests in the lessee the estate attempted to be created by the lease.</p> <p>Funding Act of San Francisco op 1851.—The Act of May 1st, 1851, to fund the floating debt of San Francisco, and creating a Board of Commissioners of the Funded Debt, did not vest in said Board the title to any wharf in San Francisco which belonged to the State.</p> <p>Construction op Laws upon same Subject.—Legislative Acts passed at different times upon the same subject matter are in pari materia, and must be read together.</p> <p>Interest op San Francisco in t