§ 4425-4427 CRIMINAL JURISDICTION-EXCLUSIVE JURISDICTION. [Pt. IV. § 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. History: Enacted March 12, 1872. Applied, cited, construed, referred to, etc., in: Ex parte Mauch, 134 Cal. 500, 501, 66 Pac. Rep. 734 (cited). § 4426. CRIMINAL JURISDICTION. The police court has exclusive jurisdiction of the following public offenses committed within the city boundaries: 1. Petty larceny; 2. Assault and battery, not charged to have been committed upon a publie officer in the discharge of his official duty, or with intent to kill; 3. Breaches of the peace, riots, affrays, committing wilful 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. History: Enacted March 12, 1872, founded upon § 3 Act March 10, 1866, Stats. 1865-6, p. 192. title 2. Construction of section. This of this code is intended as a system or plan under which cities may be organized and governed. That is sole purpose of title, and this section, 4426, is not applicable to municipal corporations existing at time it went into effect.-Ex parte Simpson, 47 Cal. 127, 128. 3. JURISDICTION AND POWERS OF POLICE COURTS.-By general law relative to courts of justice, and various officers connected therewith, passed April 1, 1880 (Stats. 1880, p. 63), legislature, in carrying out commands of constitution, provided for establishment and organization in justices' courts in incorporated cities and towns, and for establishment of police court in each of incorporated cities and counties, cities, and towns of state, and prescribed jurisdiction and powers of said court, for judicial power of every city was vested in a police court.-In re Carrillo, 66 Cal. 1, 4, 4 Pac. Rep. 695. See Stats. 1880 ch. V 11 par. 11, and ch. VI. and KERR'S CYC. CODE CIV. PROC. § 121. 4. POLICE COURT OF SAN JOSE.-Exclusive jurisdiction of subject-matter mentioned in this and next succeeding section was granted to police court of city of San Jose, within corporate limits of that city, by general law relative to courts of justice and various officers connected therewith. passed April 1, 1880 (Stats. 1880, p. 63).-In re Carrillo, 66 Cal. 3, 4, 4 Pac. Rep. 695; Ex parte Mauch, 134 Cal. 500, 501, 66 Pac. Rep. 734. § 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. History: Enacted March 12, 1872, founded upon 4 Act March 10, 1. Applied, cited, construed, referred to. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: City of Santa Barbara vs. Stearns, 51 Cal. 499, 500 (cited). As to exclusive jurisdiction of police court of San Jose, see ante 4426. tion brought therein to recover license tax for transaction of business if legality of tax is denied by answer. It must transfer cause to proper court.-Santa Barbara vs. Stearns, 51 Cal. 499, 501. 3. Violation of city ordinances.—Police court has jurisdiction of all proceedings for violation of city ordinances.-Santa Barbara vs. Stearns, 51 Cal. 499, 500. § 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 [said justice] shall be vested with the power of the judge for whom he so holds court. [Entry to be made in docket.] 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. History: Enacted March 12, 1872; amended March 9, 1897, Stats. and Amdts. 1897, p. 97. USTICES OF THE PEACE AS PO- of San Jose declares that justices of peace LICE JUSTICES-San Jose.-Charter of city of San Jose township are competent to dis §§ 4429-4442 (1182) PROCEDURE AND PRACTICE-LAWS CONTINUED. charge all duties of police justices for city. Jurisdiction of two courts is, therefore, [Pt. IV. under charter, concurrent.-In re Carrillo, 66 Cal. 3, 6, 4 Pac. Rep. 695. § 4429. TERMS OF. Police courts are always open for the transaction of business, except on non-judicial days. History: Enacted March 12, 1872, founded upon § 11 Act March 10, 1866, Stats. 1865-6, p. 195. § 4430. FORM OF PROCEEDINGS. 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 two, title three, chapter seven of the Penal Code. History: Enacted March 12, 1872. As to preliminary examination of defendant, see KERR'S CYC. PEN. CODE $$ 858-883. § 4431. CRIMINAL TRIALS IN POLICE COURTS. Proceedings in the police courts in criminal actions triable in such courts are regulated in part two, title eleven, chapter one of the Penal Code. History: Enacted March 12, 1872. § 4432. CIVIL PRACTICE IN POLICE COURTS. Proceedings in the police courts in civil actions are regulated by part two, title twelve of the Code of Civil Procedure. History: Enacted March 12, 1872. in: Applied, clted, construed, referred to, etc., (cited); Ex parte Mauch, 134 Cal. 500, 501, 66 Pac. Rep. 734 (cited). CHAPTER V. CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EXISTING CORPORA. TIONS 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 and 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 sixty-eight' "; 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. History: Enacted March 12, 1872. Applied, cited, construed, referred to, etc., in: Biddick vs. Kobler, 110 Cal. 191, 194, 42 Pac. Rep. 578 (referred to). CHAPTER VI. FUNDING AND REFUNDING OF CITY INDEBTEDNESS. $4445. Refunding outstanding indebtedness. § 4448. Redemption, how made. § 4445. REFUNDING OUTSTANDING INDEBTEDNESS. 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 for the public interest, to fund or refund the same, and issue bonds of the city therefor in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent per annum, payable semi-annually, which Bonds shall be substantially in the following form: No.-. The city of in the county of in the state of California, for value received, promises to pay, or order, at the office of the treasurer of said city, in on the first day of 18-, or at any time before that day, at the pleasure of the city, the sum of dollars, gold coin of the United States, with interest at the rate of per cent per annum, payable at the office of the said treasurer, semiannually, on the first days of and 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 day of, 18. (Seal.) president of the board of trustees auditor. And the interest coupon shall be in the following form: $. The treasurer of the city of, county of- -, state of California, will pay the holder hereof, on the day of 18, at his office in dollars, gold coin, for interest on city bond. 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. History: Enacted April 27, 1880, Code Amdts. 1880 (Pol. pt.), p. 105; amended April 4, 1881, Stats. and Amdts. 1881, pp. 35-36. (or municipal council). Attest: No. 1. Applied, cited, construed, referred to. 2, 3. Funding and refunding of city indebtedness- -Application and construction of code sections. 4. Same Assent of electors not required. 5. Same Constitutionality of law. 6. Same-Different regulations for different classes. 7. Same-First legislation. 8, 9. Same-What indebtedness may be funded or refunded. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: City of Los Angeles vs. Teed, 112 Cal. 319, 325, 327, 331, 44 Pac. Rep. 580 (construed and applied). As to authority of cities of first class to 4446 (1184) FUNDING AND REFUNDING OF CITY DEBT. refund their indebtedness and to issue bonds therefor, and to provide for payment of same, see HENNING'S GENERAL LAWS pp. 918, 919. 2. FUNDING AND REFUNDING OF CITY INDEBTEDNESS – Application and construction of code sections.-Sections of this chapter authorized board of trustees or municipal council of any city having an outstanding indebtedness on first day of January, 1880, evidenced by bonds or warrants thereof, to fund or refund same by a two thirds vote of members of such board or council; and this and next four succeeding sections apply to cities organized before adoption of code as well as to those established afterward. Rule laid down in Ex parte Simpson, 47 Cal. 127, does not apply to these sections. The sections in question were added to code long after that decision, and it is manifest, from their terms, that they were intended to apply to all cities, without exception. Officers therein mentioned are given designations not corresponding to those used in the "system or plan under which cities may," under the preceding sections, "be organized and governed." They are designated by general terms, studiously chosen so as to include cities of diverse forms of government and organized in a manner different from that provided for in preceding sections of the title. The language so used unmistakably negatives an intention to confine the operation of those sections to cities which have been organized under the code. City of Los Angeles vs. Teed, 112 Cal. 319, 325, 44 Pac. Rep. 580. 3. This and next succeeding four sections can have no effect whatever, unless they apply to cities formed before adoption of code. We cannot suppose that legislature intended to pass an act which never could have any effect whatever, and we must, therefore, hold that these sections apply to all cities without exception.-City of Los Angeles vs. Teed, 112 Cal. 319, 326, 44 Pac. Rep. 580. 4. Assent of electors not required.-As this and next succeeding four sections relate only to indebtedness incurred prior to taking effect of new constitution of 1879, they are not in conflict with any of its pro [Pt. IV. visions, and assent of electors is not required to authorize refunding of indebtedness. City of Los Angeles vs. Teed, 112 Cal. 319, 326, 44 Pac. Rep. 580. 5. Constitutionality of law.-Provisions of this chapter as to subject-matter in question-funding of municipal indebtedness-is "peculiarly a matter pertaining to municipal organizations, and still more peculiarly matter as to which cities of large population require different provision from that suitable to cities or towns of small populations." They are, therefore, not obnoxious to constitution as being special legislation.-City of Los Angeles vs. Teed, 112 Cal. 319, 328, 44 Pac. Rep. 580; Mintzer vs. Schilling, 117 Cal. 361, 363, 49 Pac. Rep. 209; Waite vs. Santa Cruz, 184 U. S. 302, 321, bk. 46 L ed. 552, 22 Sup. Ct. Rep. 327. 6. Different regulations for different classes.-There is no question that act classifying municipal corporations is constitutional, and that in matters pertaining to municipal organization, legislature may make different regulations for different classes so created. Hence, legislature may, in reference to funding or refunding of any indebtedness of municipal corporations, other than cities of first class, make different regulations in matters pertaining to municipal organizations, without violating any provision of constitution against special legislation.-City of Los Angeles vs. Teed, 112 Cal. 319, 328, 44 Pac. Rep. 580. 7. First legislation as to funding and refunding of city indebtedness is contained in this chapter of code, enacted in 1880 and amended in 1881.-City of Los Angeles vs. Teed, 112 Cal. 319, 325, 44 Pac. Rep. 580. 8. What indebtedness may be funded or refunded. Only indebtedness authorized by this and next succeeding four sections to be funded or refunded is such as existed prior to time when Const. 1879, art. XI § 18. took effect.-City of Los Angeles vs. Teed, 112 Cal. 319, 326, 44 Pac. Rep. 580. 9. This and next succeeding four sections provide method to be pursued in funding or refunding indebtedness of city of Los Angeles outstanding on January 1, 1880.-Los Angeles vs. Teed, 112 Cal. 319, 327, 44 Pac. Rep. 580. § 4446. BONDS TO BE DELIVERED TO CITY TREASURER. 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 ooard 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 exclu |