Act authorizing issuance of bonds to protect cities: See General Laws, title Municipal Corporations. Acts in relation to funding indebtedness: See General Laws, title Bonds. Act for destruction of unsold municipal bonds: See General Laws, title Bonds. Judgments against cities and counties over 100,000, how paid: See General Laws, title Judgments. § 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 postoffice 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 postoffice 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 exI change, 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. En. Stats. 1880, 106. § 4447. Tax for payment of bonds: "Bond Fund." The board of trustees, 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 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. En. Stats. 1880, 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 postoffice address of the owner, as shown by the record kept in the treasurer's office. En. Stats. 1880, 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. En. Stats. 1880, 107. Cal.Rep.Cit. 112, 325; 112, 327. TITLE IV. LIABILITIES OF COUNTIES AND CITIES FOR INJURIES TO PROPERTY BY MOBS OR RIOTS. 4452. 4453. 4454. § 4455. 4456. § 4457. by. § 4452. CHAPTER I. Municipal corporations responsible for injuries by. When action must be commenced. Warrant to be issued for payment of damages; tax therefor. Plaintiff not to recover if damage resulted from his own neglect. Application of foregoing provisions to injuries to levees, etc. Municipal corporations responsible for injuries Every municipal corporation is responsible for injuries to real or personal property situate within its corporate limits, done or caused by mobs or riots. En. March 12, 1872. Cal.Rep.Cit. 55, 324. § 4453. Actions for damages must be tried, where. Actions for damages under the preceding section must be tried in the county in which the property injured is situated. En. March 12, 1872. Cal.Rep.Cit. 55, 324. § 4454. When action must be commenced. All actions herein provided for must be commenced within one year after the act complained of is committed. En. March 12, 1872. Like provision in Code of Civil Procedure, sec. 340, subd. 5. § 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. En. March 12, 1872. Cal.Rep.Cit. 55, 324. § 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. En. 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 attorneygeneral 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. 1873-4, 59. En. Stats. TITLE V. PUBLICATIONS BY STATE OFFICERS AND COMMISSIONERS, OR THE OFFICERS OF COUNTIES, CITIES, CITIES AND COUNTIES, OR TOWNS. § 4458. Publications. Whenever any 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 to be created, in this state, or any political subdivision thereof, or by any officer of a county, city, city and county, or town, 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 said official. En. Stats. 1903, 478. § 4459. Newspapers of general circulation. A newspaper of general circulation is a newspaper published for the dissemination of local or telegraphic news and inPol. Code-44 |