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. En. March 12, 1872. Act requiring ordinances and resolutions to be signed by the mayor: See General Laws, title Ordinances. $4424. § 4425. 4426. § 4427. 4428. § 4429. § 4430. § 4431. § 4432. § 4424. CHAPTER IV. JUDICIAL POWERS. Police judge; vacancy, how filled. Police court clerk. Criminal jurisdiction. General and exclusive jurisdiction When justice of the peace to act as police judge. Always open, except on non-judicial days. Proceedings in criminal offenses not triable in. Civil practice in police courts. The city Police judge; vacancy, how filled. 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. En. March 12, 1872. Cal. Rep.Cit. 134, 501. Police courts, creation of and acts relating to: See General Laws, title Police Courts. 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. En. March 12, 1872. Cal. Rep. Cit. 134, 501. § 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 com mitted 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. En. March 12, 1872. Cal. Rep.Cit. 47, 128; 66, 4. § 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 dock; 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. En. March 12, 1872. Cal.Rep.Cit. 51, 500; 66, 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. En. March 12, 1872. Am'd. 1897, 97. § 4429. Always open, except on non-judicial days. Police courts are always open for the transaction of business, except on non-judicial days. En. March 12, 1872. § 4430. Proceedings in criminal offenses not triable in. 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 II, title III, chapter VII of the Penal Code. En. March 12, 1872. Preliminary examination: Pen. Code, secs. 858 et seq. § 4431. Criminal trials in police courts. Proceedings in the police courts in criminal actions triable in such courts are regulated in part II, title XI, chapter I of the Penal Code. En. March 12, 1872. Proceedings in police courts and justices' courts: Pen. Code, secs. 1426 et seq. § 4432. Civil practice in police courts. Proceedings in the police courts in civil actions are regulated by part II, title XII of the Code of Civil Procedure. En. March 12, 1872. Cal.Rep.Cit. 47, 128; 57, 506; 134, 501. Proceedings in civil actions in police courts: Code Civ. Proc., secs. 929-933. 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 affects any of the provisions of "An act to authorize and direct the municipal authorities of the several cities an 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 public lands, approved March second, eighteen hundred and sixty-seven; approved March twenty-four, eighteen hundred and sixtyeight"; 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. En. March 12, 1872. Cal.Rep.Cit. 110, 194. CHAPTER VI. FUNDING AND REFUNDING OF CITY INDEBTEDNESS. 4445. § 4446. § 4447. § 4448. 4449. § 4445. Powers to fund indebtedness; issuance and form of bonds. Tax for payment of bonds; "Bond Fund." Proceedings on failure to levy tax. Powers to fund indebtedness; issuance and form 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 received, promises to pay —, 18—, or at any time before that day, at the pleasure and of the city, the sum of States, with interest at the rate of payable at the office of the said treasurer, semi-annually, on the first days of 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 18. (Seal.) day of 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 of California, will pay the holder hereof, on the of, 18-, at his office in state day dollars, gold coin, for interest on City Bond No. —, issued under the 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. En. Stats. 1880, 105. Am'd. 1881, 35. Cal. Rep. Cit. 112, 325; 112, 327; 112, 331. Compare as to county indebtedness: Ante, secs. 4048 |