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. Legislation § 4447. Added by Code Amdts. 1880, p. 107. § 4448. Redemption of bonds. 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. Legislation § 4448. Added by Code Amdts. 1880, p. 107. § 4449. Proceedings on failure to levy tax. 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 pass 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. Legislation § 4449. Added by Code Amdts. 1880, p. 107. TITLE IV. Liabilities of Counties and Cities for Injuries to Property by Mobs or Riots. § 4452. Counties and cities responsible for injuries to property by mobs. Such actions must be tried, where. § 4453. § 4454. § 4455. § 4456. § 4457. When action must be commenced. Warrant to be issued for payment of damages; tax therefor. § 4452. Counties and cities responsible for injuries to property by mobs. Every county and municipal corporation is responsible for injury to real or personal property situate within its corporate limits, done or caused by mobs or riots. [Amendment approved 1907; Stats. 1907, p. 563.] Legislation § 4452. 1. Enacted March 12, 1872; based on Stats. 186768, p. 418, § 1. 2. Amended by Stats. 1907, p. 563; the code commissioner saying, "The words 'county and' have been added in the amendment to this section, as it is evident, from the caption of the original title, and from § 4455, that the legislature intended such liability to extend also to the county." § 4453. Such actions must be tried, where. Actions for damages under the preceding section must be tried in the county in which the property injured is situated. Legislation § 4453. Enacted March 12, 1872. § 4454. When action must be commenced. All actions herein provided for must be commenced within one year after the act complained of is committed. Similar provision: Code Civ. Proc., § 340, subd. 5. Legislation § 4454. Enacted March 12, 1872; based on Stats. 186768, p. 419, § 6. § 4455. Warrant to be issued for payment of damages; tax therefor. 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. Legislation § 4455. 68, p. 418, § 2. Enacted March 12, 1872; based on Stats. 1867 § 4456. Plaintiff not to recover if damage resulted from his own neglect. 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. Legislation § 4456. Enacted March 12, 1872. § 4457. Application of foregoing provisions to injuries to levees, etc. 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. Legislation § 4457. Added by Code Amdts. 1873–74, p. 59. TITLE V. Publications by State Officers and Commissioners, or Other Officials, or the Officers of Courts, Counties, Cities, Cities and Counties, or Towns, and Publications Required to be Given or Made by Law. § 4458. § 4459. § 4460. Publication and notices, how given or made. Newspapers of general circulation defined. § 4461. Penalty. § 4462. Newspapers of general circulation, how character defined. Legislation Title V. 1. Added by Stats. 1903, p. 478, and was then entitled "Publications by State Officers and Commissioners, or the Officers of Counties, Cities, Cities and Counties, or Town." 2. Amended by Stats. 1905, p. 406, amending §§ 4458 and 4459, and adding §§ 4460, 4461, and 4462, the amendatory act containing a repealing section, which read: “Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed." Whenever any § 4458. Publication and notices, how given or made. publication, or notice by publication, or official advertising is required to be given or made by the provisions of this code, the Civil Code, the Code of Civil Procedure, the Penal Code, or by any law of the state, by any officer now existing, or any hereafter created, in this state, or any political subdivision thereof, or by any officer of any court, or officer of a county, city, city and county, or town in this state, such publication, or notice by publication, or official advertising shall be given or made only in a newspaper of general circulation, where such a newspaper is published within the jurisdiction of such official. Where no newspaper of general circulation is published within the jurisdiction of such official, then such publication or notice by publication, or official advertising, shall be given or made in a newspaper of general circulation, published nearest thereto. [Amendment approved 1905; Stats. 1905, p. 406.] Legislation § 4458. 1. Added by Stats. 1903, p. 478. 2. Amended by Stats. 1905, p. 406. See supra, Legislation Title V. § 4459. Publication and notices, how printed. All publications, or notices by publication, or official advertisements referred to in the preceding section, must be set in type not smaller than nonpareil, and must be preceded with words printed in black-face type not smaller than nonpareil, describing or expressing in general terms, the purport or character of the notice intended to be given. [Amendment approved 1905; Stats. 1905, p. 406. Legislation § 4459. 1. Added by Stats. 1903, p. 479. 2. Amended by Stats. 1905, p. 406. See supra, Legislation Title V. § 4460. Newspapers of general circulation defined. A newspaper of general circulation is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription-list of paying subscribers, and which shall have been established, printed and published at regular intervals, in the state, county, city, city and county, or town, where such publication, notice by publication, or official advertising is given or made, for at least one year preceding the date of such publication, notice or advertisement. A newspaper devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or for any number of such classes, professions, trades, callings, races or denominations when the avowed purpose is to entertain or instruct such classes, is not a newspaper of general circulation. Legislation § 4460. Added by Stats. 1905, p. 407. See supra, Legislation Title V. § 4461. Penalty. State officers or commissioners, or other officials, and the officers of counties, cities, cities and counties, or towns, who violate or disregard the provisions of sections four thousand four hundred and fifty-eight, four thousand four hundred and fifty-nine and four thousand four hundred and sixty of this code, shall be responsible personally and on their official bonds for all damages occasioned thereby, together with one hundred dollars liquidated damages in each case, to be recovered in any court of competent jurisdiction by the person, association or corporation aggrieved or interested. Legislation § 4461. Added by Stats. 1905, p. 407. See supra, Legislation Title V. § 4462. Newspapers of general circulation, how character defined. Whenever a newspaper shall desire to have its standing as a newspaper of general circulation, as that term is defined in section four thousand four hundred and sixty, ascertained and established, it may, at its option, by its publisher, manager, editor or attorney, file a verified petition in the superior court of the county, or city and county, in which it is established, printed and published, setting forth the facts which justify such action. The petition or the substance thereof shall be published for ten days in the newspaper petitioning, and if the court so directs, in some other newspaper, together with a notice that the petitioner intends on a certain day to apply for the order herein mentioned. Upon proof being made of the publication of such petition and notice, the court shall set the same for hearing, and at any time prior to or on the day so set, or prior to or on any day to which it may be continued, any person may appear and contest the petition. The court shall hear the proofs of the petitioner and contestant, if there be any, and shall within ten days thereafter render its decision and judgment and the clerk shall enter the same in the record of the court. The decision and judgment herein provided for may be vacated, modified or set aside by the court on its own motion, or on the motion of any person, whether a party to the original proceeding or not, upon a verified statement of facts, upon ten days' notice to the petitioner, and upon a satisfactory showing made to the court that such newspaper has ceased to be a newspaper of general circulation as that term is defined in section four thousand four hundred and sixty; but all publications made in such newspaper during the period it was adjudged to be a newspaper of general circulation shall be deemed and held valid and sufficient. Nothing contained in this section shall be held or construed to be obligatory or as requiring any newspaper to comply with its provisions in order to be in fact, or in law, a newspaper of general circulation, as that term is defined in section four thousand four hundred and sixty, but any newspaper may at its option, avail itself of the provisions of this section. Legislation § 4462. Added by Stats. 1905, p. 407. See supra, Legislation Title V. |