the votes cast thereat. The votes cast in such territory so proposed to be excluded shall be canvassed separately, and if it shall appear on such canvass that a majority of all the votes cast in such territory, and a majority of all the votes in such corporation, shall be for exclusion, such legislative body shall, by an order entered upon their minutes, cause their clerk, or other officer performing the duties of clerk, to make and transmit to the secretary of state a certified abstract of such vote, which abstract shall show the whole number of electors voting in such territory, the whole number of electors voting in such corporation exclusive of such territory, the number of votes cast in each for exclusion, and the whole number of votes cast in each against exclusion. From and after the date of filing such abstract, such exclusion of such territory from such municipal corporation shall be deemed complete, and thereafter such territory shall cease to be a part of such municipal corporation; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of such territory from any liability for any debt contracted by such municipal corporation prior to such exclusion; and provided further, that such municipal corporation is hereby authorized to levy and collect from any territory so excluded, from time to time, such sums of money as shall be found due from it on account of its just proportion of liability for any payment on the principal or interest of such debts. Such assessment and collection shall be made in the same manner and at the same time that such assessment and collection is levied and made upon the property of such municipal corporation for any payment on account of such debts; and provided further, that any such territory so excluded from any municipal corporation may at any time tender to the legis lative body of such municipal corporation the amount for which such territory is liable on account of such debts, and after such tender is made, such authority as is herein given [such] municipal corporation to levy and assess taxes on such excluded territory shall cease. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 2376. An act providing for the adjustment, settlement, and payment of any indebtedness existing against any city or municipal corporation at the time of exclusion of ter ritory therefrom, and the division of the property thereof. [Approved March 25, 1893. Stats. 1893, p. 536.] Sec. 1. That where any territory has been or shall be excluded from any city or municipal corporation, the superior court of the county in which such city or munici pal corporation is situate shall, upon a verified petition of any ten taxpayers residing in such city or municipal corporation, or in the territory excluded, made for the purpose of adjusting the amount of the indebtedness of such city or municipal corporation existing at the time of the exclusion of such territory due from the excluded territory, and stating the facts of such exclusion and the amount of such indebtedness, cause notice to be given by publication thereof in a newspaper published in such city or municipal corporation, or in a newspaper published in the county in which such city or municipal corporation is situated, for ten days, stating the substance of such petition, and the time and place that the same shall be heard by said superior court, which time of hearing shall be at least fifteen days after the filing of such petition, or at any time thereafter to which such hearing may be continued by the court. Any person, corporation, or taxpayer interested in such city or municipal corporation, or in such excluded territory, or in the adjustment and settlement of such indebtedness, may demur to or answer said petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not in conflict with the provisions of this act, are hereby made applicable to the special proceedings herein provided for. The persons so demurring or answering said petition shall be the defendants to said special proceedings, and the signers of the petition shall be the plaintiffs. Upon the hearing of such special proceedings, the court shall have power to determine the amount due from such excluded territory to the city or municipal corporation from which it was excluded as its proportion of the indebtedness of such city or municipal corporation existing at the time such territory was excluded. In fixing the amount due from such excluded territory, the said court must ascer tain and find the purposes for which the said indebtedness was created; the manner and place in which the proceeds of said indebtedness were expended; the value of the property belonging to me said city or municipal corporation at the time of such exclusion; the assessed value of the property situate in said city or municipal corporation at the time the city assessment was made immediately preceding such exclusion, and the assessed value of the excluded territory as shown by such city assessment. If the value of the property belonging to said city or municipal corporation, and which remains within the boundaries thereof after such exclusion, should exceed the value of city or municipal property situated in such excluded territory, and also exceed the pro rata portion of the indebtedness of the city or municipal corporation due from such excluded territory as shown by said assessment, the court shall find and adjudge that there is nothing due from such excluded territory. After such finding is made, and judgment rendered by the court, such excluded territory shall not be subject to the payment of any such indebtedness, and all property belonging to such city or municipal corporation remaining within its boundaries shall belong exclusively to it. If the court finds, after deducting the value of the city or municipal property from the value of that in the excluded territory, and the pro rata portion of the indebtedness to be borne by such excluded territory, a balance due from such excluded territory, it shall render judgment accordingly, and the amount of such judgment shall be collected and paid in the same manner and at the same time that the assessment is levied for, and the collection of the annual municipal taxes is made upon the property remaining in such city or municipal corporation for any payment on account of such indebtedness; provided, however, that any such territory excluded from any city or municipal corporation may, at any time, tender to the legislative body of such city or municipal corporation the amount for which such excluded territory is liable on account of such indebtedness; and after such tender is made the authority of such city or municipal corporation to levy and assess taxes on such excluded territory shall forever cease. Sec. 2. This act shall take effect and be in force from and after its passage. Consult also: ACT 2377. To provide for the alteration of the boundaries of incorporated towns and cities by the annexation of unin. habited territory thereto. [Stats. 1899, p. 37.] ACT 2378. Municipal corporations act, enabling them to annex adjacent property. [Stats. 1871-2, p. 50.] Repealed 1873-4, 535. ACT 2379. To provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom. [Approved March 19, 1889. Stats. 1889, 356.] The code commissioners say this act was superseded, in part at least, by 1889, 433, ante. ACT 2380. To enable the board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, to obtain data and information, from any corporation, company, or person supplying water to such city and county, city, or town, requiring such boards, town council, or other legislative body to perform the duties prescribed by section one of article fourteen of the constitution, and prescribing penalties for the non-performance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Amended 1885, 95. Cal.Rep.Cit. 61, 28; 118, 487. Unconstitutional in part. (Fitch v. Supervisors, 122 Cal. 285.) See this act, title Water Companies, post. ACT 2381. Authorizing municipalities of less than the first class to obtain, by purchase, donation, or devise, lands for cemetery purposes; and authorizing the board of trustees of said municipalities to make all necessary rules and regulations for the government and disposi tion of the same. [Stats. 1899, p. 22.] ACT 2382. An act to ratify and confirm the conveyance of certain property to trustees for charitable or educational pur poses by the city council or trustees of any city of less than fifty thousand inhabitants, or of any incorporated town. [Approved March 8, 1889. Stats. 1889, p. 94.] Confirming conveyance of property for charitable or educational purposes. Section 1. Wherever the city council or trustees of any city of less than fifty thousand inhabitants, or of any incorporated town, has by deed of trust conveyed property, or any portion thereof, that has been set apart for a public park, to trustees, for charitable or educational uses, such conveyance is hereby ratified and confirmed; provided, that no institution now existing or to be established on such property shall be private in its benefits, or sectarian in its work or teachings, or be to any extent under the management or control of or in any way tributary to any rengious creed or order, church, or sectarian denomination whatsoever; provided further, that land so conveyed shall be kept open as public grounds by the trustees of such institutions as are or may be placed thereon, and that the public visitation of such grounds shall not be restricted, excepting by such reasonable regulations as park property and the proper maintenance of such institutions may require; provided further, that property so conveyed shall revert to the grantors, whenever and so far as the grantees do not use the same in accordance with the stipulations of the deed of trust and with the requirements of this statute. Sec. 2. This act shall take effect immediately. ACT 2387. TITLE 321. NAPA CITY. Act to incorporate. [Stats. 1871-2, p. 542.] Reincorporated under statute of 1873-4, p. 140, chap. CXVII, which must operate as a repeal of the earlier statute. ACT 2388. Reincorporating. [Stats. 1873-4, p. 140.] Amended 1875-6, 550; 1877-8, 1011. Superseded by charter, 1893, 641. ACT 2389. [Stats. 1875-6, p. 595.] Water supply for. |