Sec. 2. [Construction of article.] The provisions of this act, so far as they are substantially the same as existing statutes, must be construed as continuations thereof and not as new enactments; and nothing in this act contained shall be deemed to shorten or extend the term of office or employment of any person holding office or employment under the provisions of such statutes.

History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 558, Kerr's Stats. and Amdts. 1906-7, p. 396. In effect immediately.

See Kerr's Cyc. Pol. C. for 6 pars. annotation.

Former section 4086.62 C. 180, 181 (construed); 72 C. 517, 519, 14 P. 137 (construed); 72 C. 520, 522, 14 P. 133, 134 iconstrued).

Former statute.—75 C. 147, 150, 16 P. 757 (citing Co. Gov. Act of 1883, § 55, Stats. and Amdts. 1883, p. 314, as to penalty imposed upon supervisor for neglect of his duty; see, also 97 C. 379, 380, 32 P. 448 as to malfeasance of municipal officers); and see Hen. G. L., p. 209, § 53.

Present section.-103 P. 199, 201 (scope of codifying act of 1907).

As to all actions in which county is real party in interest being prosecuted by district attorney in name of county, see ante § 4153; Kerr's Cyc. Pol. C. § 4256 subd. 5 and note.

As to civil penalty for misconduct in office attaching to official bond, see ante § 4317; Kerr's Cyc. Pol. C. § 4117.

NOTE.

Co. Gov. Act-In general-Stats. and Amdts. 1883, p. 299.65 C. 122, 123, 3 P. 463 (the title of the act of March 14, 1853. relating to county and township governments was constitutional); 67 C. 116, 117, 7 P. 261 (on the day that the Co. Gov. Act of 1883 took effect there was no such office as county assessor of Alameda county); 93 C. 34, 40, 28 P. 792, 29 P. 51, 15 L. 106 (the act last named superseded the act of March 30, 1874. relative to the removal of certain public officers for malfeasance in office). Stats, and Amdts. 1891, p. 295.-98 C. 219, 224, 33 P. 66 (the Co. Gov. Act of 1891 purported to be applicable to all counties of the state); 103 C. 498, 499, 37 P. 483 (the act named took the place of the provisions of the Political Code as to matters provided for).

Same-Renumbering of sections-Mistake-Stats. and Amdts. 1885, pp. 166, 194.-This act renumbered certain sections of the act of 1883; 82 C. 187, 191, 23 P. 43 (§ 164 renumbered as § 211).

88 C. 530, 536, 26 P. 370 (effect of using wrong number); 153 C. 715, 717, 96 P. 366 (numbering of sections is not controlling).

Same-Repealing clauses-Stats. and Amdts. 1889, pp. 232, 302-103 C. 488, 491, 37 P. 627 (there was nothing in the Co. Gov. Act, up to 1891, which repealed, or was inconsistent with, the fee bill of 1876, San Diego County, Stats. 1875-76, p. 586); 104 C. 258, 259, 37 P. 900 (repeals by implication not favored). Stats. 1891, p. 422.-101 C. 317, 318, 35 P. 897, (§ 236 of the act of 1891 repealed all acts and parts of acts inconsistent therewith). Stats. and Amdts. 1893, p. 513.-123 C. 147, 151, 55 P. 796 (provisions of § 19, act of 1855, Stats. 1855, p. 67, relative to hospital fund were superseded by Co. Gov. Act); 145 C. 49, 51, 78 P. 231 (§ 236 of the act of 1893 repealed all acts and parts of acts inconsistent therewith). Stats, and Amdts. 1895, p. 267.-137 C. 516, 518, 70 P. 549 (the Co. Gov. Act of 1895 did not repeal act of 1883, Stats. and Amdts. 1883, pp. 5-20, reconstructing §§ 2618-2744 Pol. C., relating to highways, and making provision for a roadtax outside of municipalities). Stats. and Amdts. 1897, p. 577.— 122 C. 302, 303, 54 P. 897; 129 C. 526, 527, 62 P. 68; 145 C. 49, 51, 78 P. 231 (all citing § 232 of act of 1897, expressly repealing all acts and parts of acts inconsistent with that act).

Same-Present incumbents-Stats. and Amdts. 1883, p. 365.— 76 C. 92, 94, 18 P. 118 (citing § 182 of act of 1883-present incumbents were not affected). Stats. 1891, p. 421.-89 C. 522, 525, 26 P. 1081; 95 C. 329, 331, 30 P. 544 (both citing § 234 of act of 1891-present incumbents not affected). Stats. and Amdts. 1893, p. 512.-118 C. 361, 362, 50 P. 535; 126 C. 35, 37, 58 P. 392 (both citing § 234 of act of 1893-present incumbents not affected). Stats. and Amdts. 1897, p. 577.-122 C. 302, 303, 54 P. 897; 126 C. 35, 36, 58 P. 392; 129 C. 526, 527, 62 P. 68; 130 C. 478, 480, 62 P. 734 (all citing § 233 of act of 1897-present incumbents not affected).

Chapter I.

II.

III.

V.

IV.

TITLE III.

GOVERNMENT OF CITIES.

Cities as Bodies Corporate, §§ 4354-4374.
Executive Powers, §§ 4385-4393.

Legislative Powers, §§ 4403-4414.

Judicial Powers, §§ 4424-4432.

Certain Statutes Relating to Cities and Towns and
Existing Corporations Continued, § 4442.

VI. Funding and Refunding of City Indebtedness,
§§ 4445-4449.

CHAPTER I.

CITIES AS BODIES CORPORATE.

General powers.

Distribution of powers.

City declared by legislature.

Boundaries, how changed.

Petition to supervisors [repealed].

$ 4354.

$ 4355.

§ 4356.

§ 4357.

§ 4358.

§ 4359.

§ 4360.

§ 4361.

Notice of election, etc. [repealed].

§ 4362. $4363.

§ 4364.

Undertaking for expenses of election [repealed).

Supervisors to order an election [repealed].

Ordinance approving such annexation [repealed].

Order of supervisors, etc. [repealed].

Expenses of election, how paid [repealed].

Certified copies of order to be transmitted and filed [repealed].

Act to fix time of the first election."

Notice of election and canvass of returns.

Common council; cities [to provide for election and

§ 4354. GENERAL POWERS. A city is a body politic and corporate, with the general powers of a corporation, and the

powers specified or necessarily implied in this title or in special laws.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. for 86 pars. annotation.

150 C. 71, 88, 88 P. 270 (general form of government for cities-sole object of enactment of original code sections); 1 C. A. 628, 630, 82 P. 975 (referred to); 2 C. A. 720, 722, 84 P. 239 (power of city board of trustees as to streets and sidewalks). As to acquisition of gravel beds by municipal corporations, see Hen. G. L., p. 934.

As to act providing for planting and care of shade trees in cities, see Hen. G. L., pp. 979-983.

As to act validating incorporation of cities, see Hen. G. L., pp. 983-985.

As to act validating organization and incorporation of municipal corporations of sixth class, see Hen. G. L., pp. 974, 975. As to amendments to charters of municipal corporations, see 53 A. D. 470-472.

As to authority of cities and towns to lay out parks, boulevards, etc., see Hen. G. L., pp. 960, 968.

As to classification of municipalities by number of inhabitants for purposes of legislation, see 68 L. 622.

As to compelling railroad to light track in city see 41 L. 422427.

As to control of municipalities over property held in trust, see 35 A. S. 538, 539.

As to counties, cities, and towns, see Const. 1879, art. XI, §§ 1-19, Hen. G. L., pp. xc-xciv.

As to delegation of authority to municipalities to adopt and enforce ordinances for the protection of public health, see 47 A. S. 541-548.

As to delegation of powers by municipal corporations, which involve the exercise of discretion, see 29 A. R. 108-110.

As to disincorporation of municipal corporations, see Hen. G. L., p. 929.

As to disincorporation of municipal corporations of sixth class, see Hen. G. L., pp. 989-992.

As to donation or loans of credit by municipal corporations to railroads in general, see 59 A. D. 783-788.

As to exemption of municipal officer's salary from claims of his creditors, see 54 L. 573, 574.

As to garnishment of municipalities, see 51 A. S. 114-121.

As to general and special powers of municipal corporations, see 30 A. S. 225, 226.

As to general limitations on the power of municipal corporations to pass ordinances, see 34 A. D. 627-643.

As to gifts by municipal corporations, see Hen. G. L. p. 933.

As to how far a stream of water may be used for sewer purposes, see 41 L. 751-754.

As to implied power of municipal corporation to borrow money, see 30 A. D. 190-194.

As to improvement bonds of municipal corporations, see Her. G. L., pp. 938-940.

As to improvements by municipal corporations, see Hen. G. L., pp. 934-938.

As to legislative control over property of municipalities, se 35 A. S. 529-540.

As to legislative power to confirm or legalize indebtedness of a municipal corporation, see 21 L. 841.

As to municipal bonds and defenses thereto, see 98 A D 664-691.

As to municipal bonds in the hands of bona fide holders, Sea 51 A. S. 822-861.

As to municipal charters in general, see Kerr's Cyc. Pol. C § 4354, note pars. 32-61.

As to municipal ownership of tide-lands, see 64 L 333-339 As to municipal power to compel a citizen to accept offsee 24 L. 493.

As to municipal power to prohibit screens in bar-rooms, se 24 L. 768, 769.

As to municipal subscription in aid of railroad construction. see 5 L. 727.

As to necessity of recording of maps of cities, towns, etc. Hen. G. L., pp. 958-959.

As to payment of indebtedness existing against cities, see Hen. G. L., pp. 951, 952.

As to physical characteristics necessary to municipal organization, see 25 L. 755-757.

As to power of cities to create monopolies for removal of garbage and noxious substances, see 97 A. S. 688-691.

As to power granted to towns and villages, see 3 L 472 As to power of legislature to delegate authority to municipa corporation, see 34 A. D. 632-636.

As to power of legislature to impose upon municipaliti-s burdens, and to control their local administration and property, see 48 L. 465-493.

As to power of municipal corporations to borrow money, s-a 7 L. 759; 9 L. 497.

As to power of municipal corporations to furnish light, see 30 A. S. 225, 226.

As to power of municipal corporations to issue bonds, in aid of railroad construction, see 5 L. 728.