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 advertising 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. [In effect April 27, 1880.] 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. [In effect April 27, 1880.] 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 published 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. [In effect April 27, 1880.] 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. [In effect April 27, 1880.] TITLE IV. Liabilities of Counties and Cities for Injuries to Property by Mobs or Riots. CHAPTER I. $ 4452. Municipal corporations responsible for injuries by mobs or riots. $4453. Actions for damages thus caused must be tried, where. When action must be commenced. $ 4454. $4455. § 4456. Warrant to be issued for payment of damages; tax therefor. Plaintiff not to recover if damage resulted from his own neglect. $ 4457. Application of foregoing provisions to injuries to levees, etc. 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. Section based-on Stats. 1868, p. 418. Section cited-in 55 Cal. 322. Injuries to property by mobs or riots-municipal corporation responsible for, but not where caused by negligence of members of its Fire Department, 51 Cal. 52; nor where caused by overflow from canal excavated by Levee Commissioners, 52 Cal. 142. Similar Act-held to have created a new right and provided a new remedy, 45 Cal. 90. 4453. Actions for damages under the preceding section must be tried in the county in which the property injured is situated. Section based-on Stats. 1868, p. 419. Section cited-in 55 Cal. 322. Claim need not be presented-to Board of Supervisors for allowance, before action is brought to recover judgment on it, 45 Cal. 90. Pleadings in action-complaint need not allege that claim presented to Board of Supervisors and disallowed, 45 Cal. 91. Testimony in action--47 Cal. 532. 4454. All actions herein provided for must be commenced within one year after the act complained of is committed. Basis of section-Stats. 1868, p. 419. Like provision-in Code Civ. Proc. § 340, subd. 5. POL. CODE-60. 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. Basis of section-Stats. 1868, p. 419. Provisions of section mandatory-hence though claim never presented (as was held unnecessary, 45 Cal. 90), yet after judgment, Supervisors must allow it and Treasurer must pay it after it is audited, 55 Cal. 322. 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. Plaintiff's negligence prevents recovery-and so, under previous statute, did plaintiff's lack of reasonable diligence to notify authorities of the threatened riot, (much more where they instigated the riot or participated therein), 47 Cal. 531. 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 be prosecuted by the Attorney General of the State, in the name of the people of the State of California, and the amount recovered in such actions must be paid to the Treasurer of the county, who must place the same to the credit of the district. [Approved March 30; in effect July 6, 1874.] Section added--by amdts. 1874. |