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of any school house or public buildings; for the laying out or opening or improving any public street or sidewalk, lane, alley, bridge, wharf, pier or dock; or for the purchase of or the improvement of any public grounds; or for any and all public improvements made and ordered by the city within its limits, when the amount of the tax or assessments sought to be collected against the person assessed is less than three hundred dollars; but no lien upon the property taxed or assessed for the non-payment of the taxes or assessment can be foreclosed in any such action;.

3. Of an action for the collection of money due to the city, or from the city to any person, when the amount sought to be collected, exclusive of interest and costs, is less than three hundred dollars;

4. For the breach of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party or is in any way interested; and all forfeited recognizances given to or for the benefit or in behalf of the city; and upon all bonds given upon any appeal taken from the judgment of the Court in any action above named where the amount claimed, exclusive of costs, is less than three hundred dollars;

5. For the recovery of personal property belonging to the city, when the value of the property (exclusive of the damages for the taking or detention) is less than three hundred dollars; and,

6. Of an action for the collection of any license required by any ordinance of the city.

Basis of section-Stats. 1866, p. 194.

Jurisdiction of Police Court-must be affirmatively shown, as in case of any inferior Court, 55 Cal. 212.

SUBDIVISION 1. Proceedings for violation of an ordinancejurisdiction in, 55 Cal. 212; judgment beyond jurisdiction in, ex parte Bernert, April 25, 1881, 7 P. C. L. J. 460.

4428. In all cases in which the Judge is a party, or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree; and in case of his sickness or inability, the Police Judge may call in a Justice of the Peace residing in the city to act in his place and stead.

4429. Police Courts are always open for the transaction of business, except on non-judicial days.

Basis of section-Stats. 1866, p. 195.

4430. Proceedings in the Police Court in criminal actions for offenses not triable in such Courts must be had in conform

ity with the provisions of Part II, Title III, Chapter VII of THE PENAL CODE.

Preliminary examination--Penal Code, $ 858 et seq.

4431. Proceedings in the Police Courts in criminal actions triable in such Courts are regulated in Part II, Title XI, Chapter I of THE PENAL CODE.

Proceedings in Police Courts--and Justices' Courts, Penal Code, § 1426 et seq.

4432. Proceedings in the Police Courts in civil actions are regulated by Part II, Title XII of THE CODE OF CIVIL PROCEDURE.

Proceedings in civil actions-in Police Courts, Code Civ. Proc., $$ 929-933.

CHAPTER V.

Certain Statutes Relating to Cities and Towns and existing Corporations continued.

$ 4442. Certain statutes continued in force.

4442. Nothing in this Code affects any of the provisions of "An Act to authorize and direct the municipal authorities of the several cities and incorporated towns of this State to execute certain trusts in relation to the town lands granted to the incorporated cities and towns in this State by the Act of Congress entitled an Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven; approved March twenty-four, eighteen hundred and sixty-eight;" or of "An Act to authorize and direct the County Judges of the several counties of this State to execute certain trusts in relation to the town lands granted to the unincorporated towns in this State by the Act of Congress entitled an Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven; approved March thirtieth, eighteen hundred and sixty-eight;" but such Acts are continued in force.

CHAPTER VI.

Funding and Refunding of City Indebtedness.

$ 4445. Power of Trustees or Municipal Council to fund indebtedness; issuance and form of bonds.

$4446. Sale and exchange of bonds.

$4447. Tax for payment of bonds; "Bond Fund."

4448. Redemption of bonds.

$4449. Proceedings on failure to levy tax.

4445. The Board of Trustees or Municipal Council of any city having an outstanding indebtedness on the first day of January, eighteen hundred and eighty, evidenced by bonds or warrants thereof, by a vote of two-thirds of all the members thereof, are empowered, if they deem it for the public interest, to fund or refund the same, and issue bonds of the city therefor in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent. per annum, payable semi-annually, which bonds shall be substantially in the following form: No.

in the County of

in the State of

The City of
California, for value received, promises to pay.
at the office of the Treasurer of said city, in
first day of

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or order, --, on the

18-, or at any time before that day, at the pleasure of the city, the sum of dollars, gold coin of the United States, with interest at the rate of per cent. per annum, payable at the office of the said Treasurer, semiannually, on the first days of in each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the Board of Trustees (or Municipal Council, as the case may be), under the provisions of chapter six, of title three, of part four, of the Political Code of California, and in conformity with a resolution of said Board of Trustees (or Municipal Council), dated.

day of

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 18-. (Seal.) President of the Board of Trustees (or Municipal Council.) Attest: Auditor. And the interest coupon shall be in the following form: $The Treasurer of the County of State of California, will pay day of 18-, at his

City of

the holder hereof, on the

office in dollars, gold coin, for interest on City Bond No. issued under provisions of chapter six, of title three, of part four, 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. [In effect March 4, 1881.]

Gold coin provisions-in form of bond given in section, were inserted by amdt. 1881. Entire chapter inserted by amdts. 1880. Compare as to county indebtedness-§§ 4048-4052.

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 Municipal 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 payment 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 "cancelled," 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 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

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