trustees (or municipal council, as the case may be), under the provisions of Chapter VI. of Title III. of Part IV. of the Political Code of California, and in conformity with a resolution of said board of trustees (or municipal council), dated day of, 18. In testimony whereof, the said city, by its board of trustees (or municipal council), has caused this bond to be signed by the president of the board of trustees (or municipal council), and attested by the auditor, with the city seal attached, this day of, 18-. (Seal.) president of the board of trustees (or municipal council). Attest: ditor. And the interest coupon shall be in the following form: $treasurer of the city of, county of state of California, will pay the holder hereof, on the day of dollars,

gold coin, for interest on city bond No.

18—, at his office in —

au

The

issued under provisions of Chap

ter VI. of Title III. of Part IV. of the Political Code of California. city auditor. If the president of the board of trustees (or municipal council) be ex officio auditor, then and in that case said bonds shall be attested by the city clerk instead of the auditor. [Amendment, approved March 4, 1881; Statutes and Amendments 1881, 35; took effect immediately.]

Funding indebtedness of county: See sec. 4048, ante.

An Act to authorize the common council, board of trustees, or other governing body of any incorporated city or town, other than cities of the first class, to refund its indebtedness, to issue bonds therefor, and provide for the payment of the same.

[Approved March 15, 1883; 1883, 370.]

Governing body may fund or refund.

SECTION 1. The common council, board of trustees, or other governing body of any incorpo rated city or town, other than cities of the first class, in this state, having an outstanding indebtedness evidenced by bonds or warrants thereof, are empowered, by a vote of four fifths of their number, to fund or refund the same, and issue bonds of such city or town therefor, in sums of not less than one hundred dollars nor more than five hundred dollars, each having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent per annum, payable annually, which bonds shall be substantially in the following form:

No.

to pay

with interest at the rate of

The city (or town) of -, in the state of California, for value received, promises or order, at the office of the treasurer of said city (or town), on the day of or at any time before that date, at the pleasure of the city (or town), the sum of dollars, per cent per annum, payable at the office of said treasurer annually, on the day of in each and every year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the (common council, board of trustees, or other governing body, as the case may be), in conformity with a resolution of said board, dated the day of

In testimony whereof, the said city (or town), by its (common council, board of trustees, or other governing body, as the case may be), has caused this bond to be signed by its (mayor, president, chairman, or other presiding oflicer, of such governing body, as the case may be), and attested by the clerk, with the seal of said city (or town) attached, this (mayor, president, chairman, or other presiding officer, as the case may be.)

[SEAL.]

And the interest coupons shall be in the following form:

at his office,

$. The treasurer of the city (or town) of -- will pay the holder hereof, on the day of dollars for interest on bond No.

Sale and exchange of bonds.

clerk.

SEC. 2. Whenever bonds issued under this act shall be duly executed, numbered consecutively, and sealed, they shall be delivered to the treasurer of such city (or town), and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him, and the proceeds thereof, and he shall sell the same or exchange them, under the direction of the common council, board of trustees, or other governing body of such city (or town), on the best available terms, for any legal indebtedness of the city (or town) outstanding, but in neither case for a less sum than the face value of the bonds and all interest accrued on them at the date of such sale or exchange. And if any portion of the said bonds are sold for money, the proceeds thereof shall be applied exclusively for the payment of liabilities existing against the city (or town) at the date of the order directing the issuance of said bonds. When they are exchanged for bonds, or warrants, or other legal evidences of city (or town) indebtedness, the treasurer shall at once proceed to cancel the old bonds, and such other evidences of indebtedness, by indorsing on the face thereof the amount for which they were received, the word "canceled," and the date of cancellation. He shall also keep a record of bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, the name and post-office address of purchasers, and if exchanged, what evidences of indebtedness were received therefor; which record shall be open

at all times for inspection by the public. Whenever the holder of any bond shall sell or transfer it, the purchaser or transferee shall notify the treasurer of such purchase or transfer, giving at the same time the number of the bond purchased or transferred, and his post-office address; and every sale or transfer shall be noted on the record. The treasurer shall also report, under oath, to the common council, board of trustees, or other governing body of such city (or town), on their first regular session held in each month, a statement of all bonds sold or exchanged by him since the preceding report, and the date of such sale or exchange; and when exchanged, a list or description of the city (or town) indebtedness exchanged therefor, and the amount of accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on the bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the county except by the approval of the common council, board of trustees, or other governing body of such city (or town). No sale shall be made of any such bonds, except to the highest bidder, after advertising for bids for the purchase of the same at least once a week for not less than three successive weeks, in at least one newspaper of general circulation published in such city (or town). They may also give such further notice as they may deem expedient, the right being reserved in such advertisement to reject any or all such bids. The common council, board of trustees, or other governing body of such city (or town) shall cause to be assessed and levied each year upon the taxable property of such city (or town), in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds issued in conformity with the provisions of this act accruing before the next annual levy; and such proportion of the principal that, at the end of five years, the sum raised from such levies shall equal at least twenty per cent of the amount of bonds issued; at the end of nine years, at least forty per cent of the amount; and at or before the date of maturity of the bonds, shall be equal to the whole amount of principal and interest; and the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which shall at times show the exact condition of said bond fund.

Redemption of bonds.

SEC. 3. Whenever the amount in the hands of the treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem one or more bonds, he shall publish once a week for two weeks in some newspaper of general circulation published in such city (or town), if there be one, a notice to the effect that he is prepared to pay such bond or bonds (giving the number thereof), and that if the same are not presented for redemption within thirty days after the first publication of such notice the interest on such bonds will cease. He shall at the same time deposit in the post-office a copy of such notice, inclosed in a sealed envelope, with the postage paid thereon, addressed to the owner or owners of such bond or bonds, at the post-office address of such owner or owners, as shown by the record thereof kept in the treasurer's office. If such bond or bonds are not presented within the time specified in such notice, the interest thereon shall then cease, and the amount due be set aside for the payment of the same whenever presented. All redemptions of bonds shall be made according to priority in the order of their issuance, beginning at the first number.

Surplus.

SEC. 4. Should there remain in said bond fund any money after all such bonds shall have been redeemed, the balance so remaining shall be paid into the general fund of such city (or town), and become a part thereof.

An Act providing for submitting to a vote of the qualified electors of a county, or city and county, a proposal to issue bonds.

[Approved March 15, 1883; 1883, 375.]

This was the act passed to relieve San Francisco from her financial embarrassment in 1883, but was not acted upon.

An Act to provide for funding the indebtedness of counties in certain cases.

[Approved May 8, 1884; 1884, 8.]

Outstanding indebtedness of counties.

SECTION 1. Whenever any county shall have had, at twelve o'clock, meridian, on the first day of January, eighteen hundred and eighty, an outstanding indebtedness, evidenced by bonds or warrants thereof, theretofore legally issued, and such indebtedness, or any part thereof, shall have been thereafter paid in accordance with the laws in force at the time such bonds or warrants were issued, out of the income and revenue received by such county since that date, and such county shall have, since that date, incurred an indebtedness, evidenced by warrants thereof, which indebtedness shall not have exceeded in any year the income and revenue provided for such county for such year, and which warrants shall not have been paid by reason solely of such application of the current revenue of such county to the payment of such former indebtedness, the board of supervisors of such county, by a vote of two thirds of all the members thereof, are empowered, if they deem it for the public interest, to fund such last-mentioned indebtedness, and to issue bonds of such county therefor, in the manner provided in subdivision fourteen of section twenty-five of an act entitled "An act to establish a uniform system of county and township governments," approved March fourteenth, eighteen hundred and eighty-three; and all the provisions of said subdivision of said section shall apply to the issuance, disposal, and payment of such bonds, and to the levy of taxes for the redemption of the same, except as herein otherwise provided.

Indebtedness that shall not be funded.

SEC. 2. No indebtedness of such county shall be funded, under the provisions of this act, which in any year exceeded the income and revenue provided for such county for such year, nor which shall exceed the amount of current revenue which shall have been so applied to the payment of indebtedness outstanding at twelve o'clock, meridian, on the first day of January, eighteen hundred and eighty.

Further recital in bonds.

SEC. 3. Such bonds shall, in addition to the matters required to be stated therein by the provisions of the above-mentioned act, contain a statement that they are issued under authority of this act, referring to the same by its title and date of passage.

The manner of exchange of bonds for warrants.

SEC. 4. Such bonds, when issued, may be exchanged by the county treasurer, under the direction of the board of supervisors, only for warrants of such county legally issued since twelve o'clock, meridian, on the first day of January, eighteen hundred and eighty, which, together with warrants theretofore issued, did not in any year exceed the income and revenue provided for such county for such year, and which shall remain unpaid solely because the reve. nue otherwise applicable to the payment of the same shall have been so applied to the payment of such former indebtedness. If any portion of such bonds shall be sold for money, the proceeds thereof shall be applied exclusively to the payment of the warrants mentioned in this section.

SEC. 5. This act shall take effect immediately.

4446. Sale and exchange of bonds.

SEC. 4446. Whenever bonds issued under this chapter shall be duly executed, numbered consecutively, and sealed, they shall be delivered to the city treasurer, and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him, and the proceeds thereof, and he shall sell the same, or exchange them under the directions of the board of trustees, or munici pal council, on the best available terms, for any legal indebtedness of the city outstanding on the first day of January, eighteen hundred and eighty; but in neither case for a less sum than the face value of the bonds and all interest accrued on them at the date of such sale or exchange; and if any portion of the said bonds are sold for money, the proceeds thereof shall be applied exclusively for the payments of liabilities existing against the city at and before the date above named. When they are exchanged for bonds or warrants, or other legal evidences of city indebtedness, the treasurer shall at once proceed to cancel the old bonds and such other evidences of indebtedness, by indorsing on the face thereof the amount for which they were received, the word "canceled," and the date of cancellation. He shall also keep a record of bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, the name and postoffice address of the purchaser, and, if exchanged, what evidences of indebtedness were received therefor, which record shall be open at all times for inspection by the public. Whenever the holder of any bond shall sell or transfer it, the purchaser shall notify the treasurer of such purchase, giving at the same time the number of the bond transferred, and his post-office address, and every transfer shall be noted on the record. The treasurer shall also report, under oath, to the board, at each regular session, a statement of all bonds sold or exchanged by him since the preceding report, and the date of such sale or exchange, and when exchanged, a list or description of the city indebtedness exchanged therefor, and the amount of accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money

received

by him on bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the city, except by the approval of the board of trustees or municipal council of said city. No sale shall be made of any such bonds, except to the highest bidder, after advertis ing bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, the right being reserved in such advertisement to reject any or all such bids.

4447. Tax for payment of bonds-"Bond fund."

SEO. 4447. The board of trustees or municipal council shall cause to be assessed and levied each year upon the taxable property of the city, in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds issued in conformity with the provisions of this chapter, accruing before the next annual levy, and such proportion of the principal that at the end of five years the sum raised from such levies shall equal at least twenty per cent of the amount of bonds issued; at the end of eight years at least forty per cent of the amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal and interest; and the money arising from such levies shall be known as the "bond fund," and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund.

4448. Redemption of bonds.

SEC. 4448. Whenever the amount in the hands of the treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem one or more bonds, he shall notify the owner of such bond or bonds, by advertising in any newspaper pub. lished in the county, not less than once a week, for three successive weeks, and in some newspaper of general circulation published in the city of San Francisco, not less than once a week, for three successive weeks, that he is prepared to pay the same, with all interest accrued thereon; and if not presented for payment or redemption within forty days after the first publication of such notice, the interest on such bonds shall cease, and the amount due thereon shall be set aside for its payment whenever presented. All redemptions shall be made in the exact order of their issuance, beginning at the lowest or first number, and the notice herein required shall be directed to the post-office address of the owner, as shown by the record kept in the treasurer's office.

4449. Proceedings on failure to levy tax.

SEC. 4449. If the board of trustees, or municipal council, of any city which has issued bonds under the provisions of this chapter, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the city treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the county treasurer of the county in which said city is situated, taking his receipt therefor, and the same shall be registered in the office of the county treasurer; and the district attorney shall, as soon as practicable, proceed by mandamus in the proper court, in the name of the owner of the bond, to compel the said tax to be levied in said city, and at a sufficient rate to realize the amount of principal and interest past due and to become due prior to next levy, and the same shall be levied and collected as a part of the county tax, and paid into the county treasury, and passed to the special credit of such city as bond tax, and shall be paid by warrants as the payments mature to the holder of such registered obligations, as shown by the register in the office of the county treasurer, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said city.

The last preceding four new sections belong Amendments 1880, 105 (Ban. ed. 540); took to the new chapter 6, approved April 27, 1880; effect from passage.

TITLE IV.

LIABILITIES OF COUNTIES AND CITIES FOR INJURIES TO PROR ERTY BY MOBS OR RIOTS.

CHAPTER I.

4452. Municipal corporations responsible for certain acts.

SEC. 4452. Every municipal corporation is responsible for injuries to real or personal property situate within its corporate limits done or caused by mobs or riots.

Stats. 1868, p. 418, sec. 1. See note to sec. 4456.

4453. Such actions must be tried where.

SEC. 4453. Actions for damages under the preceding section must be tried in the county in which the property injured is situated.

4454. When action must be commenced.

SEC. 4454. All actions herein provided for must be commenced within one year after the act complained of is committed.

Stats. 1868, p. 419, sec. 6.

4455. Warrant to be issued for payment of damages-Tax therefor.

SEC. 4455. On the certificate of the presiding officer or of the clerk of the court in which the judgment is rendered, the board of supervisors of the county or the legislative authority of the city must by ordinance direct and cause to be issued a warrant for the payment thereof on the general fund, and the same must be paid in its regular order, as other warrants of the municipal corporation are paid; and must at the proper times levy and cause to be collected a tax on the taxable property of such municipal corporation for the payment of such warrant within a period of not more than three years.

Stats. 1868, p. 419, sec. 2.

4456. Plaintiff not to recover if damage resulted from his own neglect.

SEC. 4456. The plaintiff in any action authorized by this title must not recover if it appears upon the trial that the damage complained of was occasioned or in any manner aided, sanctioned, or permitted by his carelessness or negligence.

Liability of municipal corporations for injuries done by mobs.-At common law municipal corporations were not liable for damages occasioned by mobs or riotous assemblages: Western College v. Cleveland, 12 Ohio St. 375; Mayor v. Poultney, 25 Md. 107; County of Allegheney v. Gibson, 90 Pa. St. 397. But the liability may be fixed by statute, as in the foregoing sections. The claim against a municipal corporation arising from the violence of a mob is not to be presented in the first instance to the supervisors for allowance.

4457. Application of this title.

Judgment must first be had, and thereupon the board must order it to be paid, unless an appeal be taken: Bank of California v. Shaber, 55 Cal. 322; Clear Lake Water Co. v. Lake County, 45 Id. 90. Recovery cannot be had if it appears that the person whose property is destroyed had knowledge of the impending danger, and did not use reasonable diligence to notify the mayor or sheriff of the threatened riot, or that such person instigated or participated in the riot: Wing Chung v. Los Angeles, 47 Id. 531.

SEC. 4457. The provisions of this title and chapter are applicable to cases where the levees and other works of reclamation of any district are injured or destroyed by mobs or riots; and the actions brought for damages therefor must