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Granting authority to lay pipes in streets: See ante, $$ 4410, 4411.
Legislation & 4413. Enacted March 12, 1872; based on Stats. 186970, p. 815, $ 3.
§ 4414. Ordinance, how vetoed, and how passed over veto. Every ordinance passed by the common council must before it becomes effective be presented to the mayor for his approbation. If he approve it, he must sign it; if not, he must return it, with his objections in writing, to the common council, who must cause the same to be entered upon its journals, and proceed to reconsider the same. If after such consideration two thirds of all the members of the common council elect shall agree to pass the same, it becomes an ordinance. In all such cases the votes must be taken by yeas and nays, and the names of the members voting for and against the same must be entered on the journal. If any ordinance is not returned by the mayor within ten days (Sundays excepted) after it is presented to him, the same becomes effective, as if the mayor had signed it.
Approval of ordinances by mayor: See ante, § 4386, subd. 6.
Act requiring ordinances and resolutions to be signed by mayor: See Gen. Laws, tit. "Ordinances,” Act 2583.
Legislation § 4414. Enacted March 12, 1872; based on Stats. 1850, p. 90, $ 21.
§ 4432. Civil practice in police courts. § 4424. Police judge; vacancy, how filled. The city police judge must be a qualified elector of the city. Any vacancy in the office of police judge must be filled by an appointee of the mayor, made with the advice and consent of the common council.
Qualification of police judge: See ante, $ 4370.
Police courts, creation of, and acts relating to: See Gen. Laws, tit. "Police Courts."
Legislation § 4424. Enacted March 12, 1872. § 4425. Police court clerk. The police judge may appoint a clerk, with such compensation, by way of salary or fees, as the common council may by ordinance provide.
Legislation § 4425. Enacted March 12, 1872. § 4426. Criminal jurisdiction. The police court has exclusive jurisdiction of the following public offenses committed within the city boundaries:
1. Petit larceny;
2. Assault and battery, not charged to have been committed upon a public officer in the discharge of his official duty, or with intent to kill;
3. Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment; and, 4. Of proceedings respecting vagrants, lewd, or disorderly persons.
Legislation § 4426.. Enacted March 12, 1872; based on Stats. 186560, p. 194, $ 3.
§ 4427. General and exclusive jurisdiction. The police court also has exclusive jurisdiction:
1. Of all proceedings for the violation of any ordinance of the city, both civil and criminal;
2. Of any action for the collection of taxes and assessments levied for city purposes; or for the erection or improvement of any schoolhouse or public buildings; for the laying out or opening or improving any public street or sidewalk, lane, alley, bridge, wharf, pier, or doek; 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.
Legislation § 4427. Enacted March 12, 1872; based on Stats. 186566, p. 194, § 4.
§ 4428. When justice of the peace to act as police judge. In all cases in which the judge is a party, or in which he is interested, or in which he is a witness, or in which he is related to either party by consanguinity or affinity within the third degree, and in case of sickness or inability, or temporary absence from the city, the police judge, or judge of the police judge court, may by written request call in any justice of the peace of the same county to act in his place and stead, and while so acting shall be vested with the power of the judge for whom he so holds court. In which case the proper entry of the proceedings before the attending justice, subscribed by him, shall be made in the docket of the judge for whom he so holds the court; and the same shall be prima facie
evidence of such proceedings, and form and become a part of the record of any, or any part of any and all actions, causes, or proceedings had before such attending justice while so holding the court. [Amendment approved 1897; Stats. 1897, p. 97.]
Legislation § 4428. 1. Enacted March 12, 1872. 2. Amended by Stats. 1897, p. 97.
§ 4429. Always open, except on non-judicial days. Police courts are always open for the transaction of business, except on non-judicial days.
Legislation § 4429. Enacted March 12, 1872; based on Stats. 186566, p. 195, § 11.
§ 4430. Form of proceedings. Proceedings in the police court in criminal actions for offenses not triable in such courts must be had in conformity with the provisions of part two, title three, chapter seven of the Penal Code.
Preliminary examination: Pen. Code, $8 858 et seq.
Legislation & 4430. Enacted March 12, 1872. § 4431. Trials in police courts. Proceedings in the police courts in criminal actions triable in such courts are regulated in part two, title eleven, chapter one of the Penal Code.
Proceedings in police and justices' courts: Pen. Code, 881426 et seq.
Legislation § 4431. Enacted March 12, 1872. § 4432. Civil practice in police courts. Proceedings in the police courts in civil actions are regulated by part two, title twelve of the Code of Civil Procedure.
Proceedings in civil actions in police courts: Code Civ. Proc., $$ 929933.
Legislation § 4432. Enacted March 12, 1872.
CHAPTER V. Certain Statutes Relating to Cities and Towns and Existing Corporations,
Continued. $ 4442. Certain statutes continued in force. § 4442. Certain statutes continued in force. Nothing in this code affeets 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 publie 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.
Legislation § 4442. Enacted March 12, 1872.
CHAPTER VI. Funding and Refunding of City Indebtedness, $ 4445. Power of trustees or municipal council to fund indebtedness;
issue 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.
Legislation Chapter VI. Added by Code Amdts. 1880, p. 105. § 4445. Power of trustees or municipal council to fund indebtedness; issue of bonds. 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. - The City of in the County of in the State of California, for value received, promises to pay order, at the office of the treasurer of said city, in on the first day of —, 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, semi-annually, on the first days of
and 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 --, 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: Auditor. And the interest coupon shall be in the following form: $ The treasurer of the city of
county of state of California, will pay the holder hereof, on the day of 18-, at his 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. (Amendment approved 1881; Stats. 1881, p. 35.]
Compare, as to county indebtedness, ante, $ 4088.
Act authorizing issuance of bonds to protect cities: ee Gen. Laws, tit. “Municipal Corporations,” Aet 2366. Acts in relation to funding indebtedness: See Gen. Laws, tit. “Bonds."
Act for destruction of unsold municipal bonds: See Gen. Laws, tit. "Bonds," Act 385.
Judgments against cities and counties of over one hundred thousand inhabitants, how paid: See Gen. Laws, tit. “Judgments.” Act 1747.
Legislation § 4445. 1. Added by Code Amdts. 1880, p. 105. 2. Amended by Stats. 1881, p. 35.
§ 4446. Sale and exchange of bonds. 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 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 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 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.
Legislation § 4446. Added by (ode Amdts. 1880, p. 106. § 4447. Tax for payment of bonds; "bond fund." The board of trus. tees, 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