amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal, and the money aris ing 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 at all times shall show the exact condition of said bond fund.

§ 4. Provision for redemption of bonds. Whenever there shall be in the bond fund of such district a surplus of five hundred dollars or more, over and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed and published in the county in which such district is situated, stating the amount of such surplus, and that on the day and hour named in such notice, sealed proposals will be received at his office for the surrender of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered, at par, or less, sufficient to exhaust the amount on hand applicable to redemption, the treas urer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numbers thereof, and that if not presented for redemption within thirty days after the date of the first publication of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the payment of such bond or bonds whenever presented. If any such bond be not so presented, interest thereon shall cease, and the amount due thereon shall be set aside as specified in said notice. All redemption of bonds other than those voluntarily surrendered shall be made in the exact order of their issuance, beginning with the lowest or first number.

§ 5. Act takes effect when. This act shall take effect immediately.

ACT 4288.

An act to validate the organization and formation of levee districts. [Approved May 29, 1915. Stats. 1915, p. 948.]

§1. Levee districts validated.

§ 1. Levee districts validated. All levee districts, the organization and formation of which, have been authenticated by an order or declaration of a board of supervisors in this state declaring the same a levee district, such declaration or order being recorded in a book kept for that purpose, as required by law, and which levee districts thereafter have acted in the form and manner of levee districts under the provisions of "An act to provide for the forma tion of levee districts in the various counties of this state, and to provide for the erection of levees, dikes and other works for the purpose of protecting the lands within such districts from overflow and to levy assessments to erect and construct and maintain such levees, dikes and other works and to pay the necessary costs and expenses of maintaining said districts," approved March 20, 1905, and the amendments thereto are hereby declared to be and to have

been levee districts from the date of the recording of the declaration or order of the board of supervisors; and all the acts of said levee districts heretofore performed according to the act aforesaid are hereby validated and declared as legal.

ACT 4289.

To provide for the organization and government of levee districts created for the protection of lands from overflow of innavigable running streams of water, and to confine innavigable running streams to a fixed channel. [Approved March 10, 1891. Stats. 1891, p. 30. Repealed Stats. 1893, p. 111.]

ACT 4290.

To organize levee district No. 1, Sacramento County, and to provide for its government. [Stats. 1877-78, p. 853.]

Amended 1880, p. 65.

ACT 4291.

Amendatory of and supplementary to an act entitled "An act to define the boundary and provide for the government of levee district number two, of Sutter County," passed March 23, 1876, in relation to the election of officers for said district, funding the floating debt, and refunding the funded debt thereof. [Stats. 1893, p. 199.]

Amended 1895, p. 236.

ACT 4292.

To define the boundary and provide for the government of levee district number six of Sutter County, California. [Stats. 1891, p. 237.] Amended 1907, p. 56.

ACT 4293.

To provide for funding the indebtedness of levee district number six, of Sutter County, and to provide for the payment of such funded debt. [Stats. 1891, p. 235.]

ACT 4294.

Providing for the payment of all moneys in the state treasury to the credit of swamp-land district funds to the treasuries of the counties wherein the said swamp-land districts are situated, and to provide for the control of the same by the auditor and treasurer of said counties, and prescribing the duties of the controller and treasurer in relation thereto. [Approved March 31, 1891. Stats. 1891, p. 243.]

ACT 4295.

Yuba, Sutter, and Placer counties, to organize a levee district in, and to provide for the construction, maintenance and repair of levees therein. [Stats. 1877-78, p. 732.]

ACT 4296.

An act to create a levee district to be called and designated Sacramento River west side levee district; to prevent the overflow of flood waters from the Sacramento River from flooding on to the lands within said district by the construction of levees along the west

bank of the Sacramento River and adjacent thereto and maintain the same; providing for the election and appointment of officers of said levee district; defining the powers, duties and compensation of such officers; and providing for levying and collecting assessments upon the lands within said levee district. [Approved May 18, 1915. Stats. 1915, p. 516.]

Amended 1917 (Stats. 1917, p. 1211); 1923 (Stats. 1923, p. 50). ACT 4297.

An act to validate bonds of Palo Verde joint levee district of Riverside and Imperial counties, California, and all proceedings relating thereto. [Approved May 16, 1919. Stats. 1919, p. 541. In effect July 22, 1919.]

TITLE 319.
LEXINGTON.

ACT 4307.

Lexington, Los Angeles County, name changed to El Monte. [Stats.

§ 1. Undertaking. In an action for libel or slander the clerk shall, before issuing the summons therein, require a written undertaking on the part of the plaintiff in the sum of five hundred (500) dollars, with at least two competent and sufficient sureties, specifying their occupations and residences, to the effect that if the action be dismissed or the defendant recover judgment, that they will pay such costs and charges as may be awarded against the plaintiff by judg ment or in the progress of the action, or on an appeal, not ceeding the sum specified in the undertaking. An action brought without filing the undertaking required shall be dismissed.

ex

§ 2. Sureties. Each of the sureties on the undertaking mentioned in the first section shall annex to the same an affidavit that he is a resident and householder or freeholder within the county, and is worth double the amount specified in the undertaking, over and above all his just debts and liabilities, exclusive of property exempt from execution.

§ 3. Exception to sureties. Within ten days after the service of the summons, the defendants, or either of them, may give to the plaintiff, or his attorney, notice that they or he except to the sureties and require their justification before a judge of the court at a specified time and place, the time to be not less than five or more than ten days thereafter, except by consent of parties. The qualifications of the sureties shall be as required in their affidavits. [Amendment approved April 16, 1880. Stats. 1880, p. 81.]

§ 4. Justification. For the purpose of justification each of the sureties shall attend before the judge at the time and place mentioned in the notice, and may be examined on oath touching his sufficiency in such manner as the judge in his discretion shall think proper. The examination shall be reduced to writing if either party desires it.

§ 5. Approval. New undertaking. If the judge find the undertaking sufficient, he shall annex the examination to the undertaking and indorse his approval thereon. If the sureties fail to appear, or the judge finds the sureties or either of them insufficient, he shall order a new undertaking to be given. The judge may also at any time order a new or additional undertaking upon proof that the sureties have become insufficient. In case a new or additional undertaking is ordered, all proceedings in the case shall be stayed until such undertaking is executed and filed, with the approval of the judge.

§ 6. Failure to file bond. If the undertaking as required be not filed in five days after the order therefor, the judge or court shall order the action to be dismissed.

§ 7. Costs. In case plaintiff recovers judgment, he shall be allowed as costs one hundred (100) dollars, to cover counsel fees, in addition to the other costs. In case the action is dismissed, or the defendant recover judgment, he shall be allowed one hundred (100) dollars, to cover counsel fees, in addition to the other costs, and judgment therefor shall be entered accordingly.

This act was not repealed by the adoption of the constitution or by the Code of Civil Procedure: Smith v. McDermott, 93 Cal. 421, 29 Pac. 34; Carpenter v. Ashley, 16 Cal. App. 302, 116 Pac. 983. It is not special or local and is constitutional: Idem.

The provision allowing either party to recover counsel fees is constitutional: Engel v. Ehret, 21 Cal. App. 112, 130 Pac. 1197.

ACT 4327.

TITLE 321.
LICENSES.

To provide for miners' licenses from foreigners. [Stats. 1853, p. 62.] Amended 1854, p. 55; 1855, p. 216; 1856, p. 141; 1857, pp. 60, 182, 360; 1858, p. 302. Supplemented 1866, p. 380.

"Doubtless unconstitutional; but see People v. Naglee, 1 Cal. 232; Lin Sing v. Washburn, 20 Cal. 514."-Code Commissioner's Note.

An act restricting the po imposing licenses up pasturing sheep.

[Approved Fe

§ 1. License tax on she 2. Act takes effect wh

§1. License tax on s cents per head shall b County on the business any and all licenses county on the busines excess of five cents p valid; provided, the license tax the validit

ing, or to any such lic §2. Act takes effec As far as this act the Political Code, 116, 101 Pac. 419.

ACT 4328.

To prohibit the issue of licenses to aliens not eligible to become electors. [Stats. 1880, p. 39.]

"Unconstitutional: People v. Quong On Long, 6 Pac. C. L. J. 192. See Political Code, § 3666, as amended 1901, p. 635."-Code Commissioners' Note.

ACT 4329.

Enforcing the collection of license taxes. [Stats. 1871-72, p. 539.]

This act imposed upon the district attorney the duty of instituting proceedings against persons neglecting to pay ferry or bridge license taxes.

ACT 4330.

Authorizing the payment of salaries by boards of supervisors to persons who have been employed to collect county licenses, and legalizing all payments heretofore made to such persons. [Approved March 27, 1895. Stats. 1895, p. 267.]

Unconstitutional as authorizing payment of salaries to persons theretofore employed: Butte Co. v. Merrill, 141 Cal. 396, 74 Pac. 1036. See, also, Powell v. Phelan, 138 Cal. 271, 71 Pac. 335.

ACT 4331.

An act restricting the powers of boards of supervisors in the matter of imposing licenses upon the business of raising, herding, grazing, and pasturing sheep.

[Approved February 26, 1903. Stats. 1903, p. 41.]

§ 1. License tax on sheep.

§ 2. Act takes effect when.

§ 1. License tax on sheep. No license or licenses greater than five cents per head shall be imposed by the board of supervisors of any county on the business of raising, herding or pasturing sheep, and any and all licenses imposed by the board of supervisors of any county on the business of raising, herding or pasturing sheep, in excess of five cents per head, shall be and are hereby declared invalid; provided, the provisions of this act shall not apply to any license tax the validity of which is involved in any suit now pending, or to any such license tax due when this act takes effect.

§ 2. Act takes effect when. This act shall take effect immediately. As far as this act is inconsistent with subdivision 25 of § 4041 of the Political Code, it must yield to it: McCoy, In re, 10 Cal. App. 116, 101 Pac. 419.

ACT 4332.

An act imposing a license tax upon itinerant vendors of drugs, nostrums, ointments, or appliances sold for the cure of disease, injuries, or deformities.

[Approved March 20, 1903. Stats. 1903, p. 284.] Amended 1907, p. 765; 1909, p. 419.