tors,' approved May 4, 1852, or of the acts amendatory thereof, approved respectively March 12, 1858, April 27, 1860, and April 27, 1863, but such acts are recognized as continuing in force notwithstanding the provisions of this code," and was repealed by the act substituting the present Title XIII. Bonds to be given by trustees. § 1822a. Every person appointed under the provisions of the preceding section must give bond in the amount and as provided for in section thirteen hundred and eighty-eight. Legislation § 1822a. 1. Addition by Stats. 1901, p. 239; unconstitutional: See note, 5, ante. 2. Re-enacted by Stats. 1907, p. 730. Powers and duties of trustees. § 1822b. The trustee must take possession of the real and personal estate in this state of such missing person, and collect and receive the rents, income, and proceeds thereof, collect all indebtedness owing to him, and pay the expenses thereof out of the trust funds, and pay such indebtedness of the missing person as may be authorized by the court. The court may direct the trustee to pay to the person or persons constituting the family of the missing person such sum or sums of money for family expenses and support from the income of the estate as it may, from time to time, determine. The trustee must, from time to time, when directed by the court, account to and with it for all his acts as trustee, and the court may, at any time, upon good cause shown, remove any trustee, and appoint another in his place. Legislation § 1822b. See note, 5, ante. 2. 1. Addition by Stats. 1901, p. 239; unconstitutional: Re-enacted by Stats. 1907, p. 730. TITLE XIV. Proceedings for the Adjustment, Settlement, and Payment of Any Indebtedness Existing against Any City or Municipal Corporation at the Time of Exclusion of Territory Therefrom, and the Division of the Property Thereof. 1822c. Petition for adjustment of indebtedness. § 1822d. Who may demur to or answer petition. Rules of pleading and practice. § 1822e. How amount due from excluded territory determined. § 1822f. How judgment shall be collected. Legislation Title XIV. Added by Stats. 1907, p. 721, by "An Act to amend the Code of Civil Procedure by adding a new title thereto, to be known as Title XIV of Part III, relating to special proceedings; said title to relate to proceedings for the adjustment, settlement and payment of any indebtedness existing against any city or municipal corporation at the time of exclusion of territory therefrom, and the division of the property thereof." The code commissioner, in his note to §§ 1822c-1822f, says, "New sections added, codifying the act of March 25, 1893 (1893: 536). It was inserted here rather than in the Political Code, because it pertains wholly to 'procedure necessary to accomplish the objects sought.'" Petition for adjustment of indebtedness. § 1822c. When territory has been or shall be excluded from any municipal corporation, the superior court of the county in which such municipal corporation is situate shall, upon a verified petition of any ten taxpayers residing in such municipal corporation, or in the territory excluded therefrom, made for the purpose of adjusting the amount of the indebtedness of such 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. Legislation § 1822c. Added by Stats. 1907, p. 722. See ante, Legislation Title XIV. Who may demur to or answer petition. Rules of pleading and practice. § 1822d. 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 this code which are not in conflict with the provisions of this title, 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. Legislation § 1822d. Added by Stats. 1907, p. 722. See ante, Legislation Title XIV. How amount due from excluded territory determined. § 1822e. Upon the hearing of such special proceedings, the court shall have power to determine the amount due from such excluded territory to the municipal corporation from which it was excluded as its proportion of the indebtedness of such municipal corporation existing at the time such territory was excluded. In fixing the amount due from such excluded territory, the said court must ascertain 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 the said municipal corporation at the time of such exclusion; the assessed value of the property situate in said 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 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 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 municipal corporation remaining within its boundaries shall belong exclusively to it. Legislation § 18226. Added by Stats. 1907, p. 722. See ante, Legislation Title XIV. How judgment shall be collected. § 1822f. 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 municipal corporation for any payment on account of such indebtedness; provided, however, that any such territory excluded from any 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 municipal corporation to levy and assess taxes on such excluded territory shall forever cease. Legislation § 1822f. Added by Stats. 1907, p. 723. See ante, Legislation Title XIV. TITLE I. PART IV. EVIDENCE. GENERAL DEFINITIONS AND DIVISIONS. §§ 1823-1839. IV. EFFECT OF EVIDENCE. § 2061. V. RIGHTS AND DUTIES OF WITNESSES. §§ 2064-2070. VI. EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GEN- (757) |