3. Of an action for the collection of money due to Same. 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. NOTE.-Stats. 1865-6, p. 193, Sec. 4-Oakland. 4428. In all cases in which the Judge is a party, or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree; and in case of his sickness or inability, the Police Judge may call in a Justice of the Peace residing in the city to act in his place and stead. When Justice of the Peace to act as Police Judge. 4429. Police Courts are always open for the trans- Terms. action of business, except on non-judicial days. NOTE.-Stats. 1865-6, p. 1195, Sec. 11. proceed 4430. Proceedings in the Police Court in criminal Form of actions for offenses not triable in such Courts must be ings. had in conformity with the provisions of Part II, Title III, Chapter VII of THE PENAL CODE. 34-VOL. II. Trials in Courts. Civil practice in Police Courts. 4431. 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. 4432. Proceedings in the Police Courts in civil actions are regulated by Part II, Title XII of THE CODE OF CIVIL PROCEDURE. NOTE. It was thought best to make no provision for the incorporation of towns other than herein provided. No town or city of less than two thousand inhabitants really needs corporate powers. Certain statutes continued in force. CHAPTER V. CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EXISTING CORPORATIONS, CONTINUED. SECTION 4442. Certain statutes continued in force. 4442. 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 sixtyeight;" but such Acts are continued in force. TITLE IV. LIABILITIES OF COUNTIES AND CITIES FOR INJURIES CHAPTER I. SECTION 4452. Municipal corporations responsible for certain acts. 4453. Such actions must be tried, where. 4452. 4454. When action must be commenced. 4455. Warrant to be issued for payment of damages; tax therefor. 4456. Plaintiff not to recover if damage resulted from his own neglect. corpora responsible for certain acts. Every municipal corporation is responsible Municipal for injuries to real or personal property situate within tions its corporate limits done or caused by mobs or riots. NOTE.-Stats. 1868, p. 418, Sec. 1; see, also, Sec. 4000, ante. 4453. Actions for damages under the preceding Such section must be tried in the county in which the prop- t erty injured is situated. actions must be where. action must 4454. All actions herein provided for must be When commenced within one year after the act complained becom of is committed. NOTE.-Stats. 1868, p. 419, Sec. 6. menced. to be issued for payment of damages; tax therefor. 4455. On the certificate of the presiding officer or Warrant 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. NOTE.-Stats. 1868, p. 419, Sec. 2. 4456. 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. |