come insolvent, or from any other cause have become incompetent or insufficient sureties on such official bond, it shall be the duty of such court, judge, board, officer, or person, to issue a citation to such officer, requiring such officer, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office shall not be vacated, which citation shall be served, and return thereof made, as in other cases. If said officer shall fail to appear and show good cause why such office should not be vacated, on the day named, or shall fail to give ample additional surety, it shall be the duty of such court, judge, board, officer, or person, to make an order vacating such office, and the same shall be filled by election or appointment, as provided for by law. ART. 231, Sec. 2. Any surety on the official bond of a city, county, or state officer, may be relieved from liabilities thereon afterwards accruing, by complying with the following provisions of this act. Sec. 3. Such surety shall file with the court, judge, board, officer, person or persons authorized by law to approve such official bond, a statement in writing, setting forth the desire of the said surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement shall be subscribed and verified by the affidavit of the party filing the same. Sec. 4. A copy of the statement shall be served on the officer named in such official bond, and due return or affidavit of service made thereof, as in other cases. Sec. 5. In ten days after the service of such notice, the court, judge, board, officer, person or persons with whom the same may be filed, shall make an order declaring such office vacant, and releasing such surety from all liability thereafter, to arise on such official bond, and such office shall thereafter be held in law as vacant, and be immediately filled by election or appointment as provided for by law, as in other cases of vacancy of such office, unless such officer shall have, before that time, given good and ample surety for the discharge of all his official duties as required originally. ART. 232, Sec. 6. This act shall not be so construed as to release any surety from damages, or liabilities for acts, omissions, or causes existing, or which arose before the making of such order as aforesaid, but such legal proceedings may be had therefor in all respects as though no order had been made under the provisions of this act. ART. 233, Sec. 7. Executors, administrators and guardians shall be held as county officers, within the provisions of this act. Act of April 2, 1857, concerning Official and other Bonds. ART. 234, Sec. 1. In all cases where official bonds are required, or may be hereafter required from state or county officers, the officer or officers whose duty it is, or may be, to approve such bonds, shall not accept or approve any such bond unless, in addition to the present requirements of the law, the sureties shall severally justify before an officer authorized to administer oaths as follows: 1. On a bond given by a state officer, that he is a resident and freeholder or householder within this state; and on a bond given by a county officer, that he is a resident and freeholder or householder within such county, or within an adjoining county. 2. That he is worth double the amount for which he becomes surety, over and above all his debts and liabilities, in unincumbered property, situated within this state, which may be levied upon, and is not exempt from exe cution and forced sale. ART. 235, Sec. 2. When the penal sum of any bond hereafter to be given, amounts to more than one thousand dollars, the sureties may become severally liable for portions not less than five hundred dollars of such penal sum, making in the aggregate at least two sureties, for the whole penal sum. And if bond shall become forfeited, an action may be brought thereon, against all or any number of the obligors, and judgment be entered against the obligors, either any such jointly or severally, as they may be liable; provided, that judgment shall not be entered against a surety severally bound, for a greater sum than that for which he is specifically liable, by the terms of said bond. Each surety shall be liable to contribution to his co-sureties, in proportion to the amount for which he is liable. ART. 236, Sec. 3. All bonds or undertakings given by trustees, receivers, assignees, or officers of a court, in an action or proceeding, for the faithful discharge of their duties, where it is not otherwise provided by law, shall be in the name of, and payable to, the people of the state of California; and upon the order of the court where such action or proceeding is pending, may be prosecuted for the benefit of any and all persons interested therein. Act of March 31, 1857, concerning Official Bonds of Justices of the Peace in the First Judicial District. ART. 237, Sec. 1. In the counties of the first judicial district of this state, except in the cities of San Diego, Los Angeles and San Bernardino, each justice of the peace shall execute a bond to the people of the state, in such sum as shall be determined by the board of supervisors, respectively, of said counties, conditioned for the faithful performance of his duties, and file the same with the clerks of said board. See Office, Courts of Justice, Civil Practice. JUDICIAL DECISIONS. 1. THE failure of the governor to indorse his approval on the bond does not vacate an office, where an incumbent has, within the time fixed by law, given a sufficient bond, presented it to the governor for his approval, and deposited it in the office of the secretary of state. The People ex rel. Casserly v. Fitch, 1 Cal., 519. 2. When alteration or erasure will defeat recovery on a bond. Turner v. Billagram, 2 Cal., 520. 3. In an action upon a bond or written undertaking there can be no constructive parties jointly liable with the proper obligors. Lindsay v. Flint, 4 Cal., 88. 4. An omission to allege delivery in a suit on a bond can be taken advantage of only on demurrer. Garcia v. Satrustegui, 4 Cal., 244. 5. The breach of a bond for title does not discharge the debt due for the purchase money. Bagley v. Eaton, 5 Cal. 497. 6. Granting the principal an extension of time of payment without the knowledge of the surety, discharges the liability of the surety. Doulan v. Parrot & Naglee, July T., 1856. 7. A bond made payable to the "People of the State of California," or to the "State of California," is sufficiently definite as to the obligee. Tevis v. Randall, Oct. T., 1856. 8. In a bill in equity for appointment of a receiver, etc., the court refused to appoint a receiver on condition that defendant file a bond to account as receiver. The bond was voluntarily given, and may be enforced as a common law bond. Baker v. Bartol, April T., 1857. 9. Though the bond is payable to the state, the action may be brought in the name of the real party in interest. Id. Replerin bond-Wingate v. Brooks, 3 Cal., 112. Injunction bond-Gelston v. Whitesides, 3 Cal., 309. Appeal bond-Osborn r. Hendrickson, April T., 1856. 245. Election of officers; qualifications of, and of elec- 259. Mayor's duties. tors. 245. Number of councilmen, how fixed; wards. 260. Recorder, jurisdiction of. 247. Meetings of common council-their powers; man- 262. Marshal, duties of. ner of doing business. 248. By-laws. 249. May borrow money. 263. Assessor, duties of. 265. Treasurer, duties of. ARTICLE 266. Certain offices may be created. 267. Officers, how to qualify. 268. Election of; when to qualify. 269. Term of office. ARTICLE 270. Office, when deemed vacant. 271. When and how improvement to be made in streets, etc. Act of March 11, 1850, for the Incorporation of Cities. ARTICLE 238, Sec. 1. Any city in this state, having a population of more than two thousand persons, may be incorporated according to the provisions of this act, either by the legislature, or by the county court,(1) upon application. ART. 239, Sec. 2. When any city is incorporated by a special act of the legisla ture, such act may simply define the boundaries of the city, and declare it incorporated, in which case it shall be deemed incorporated according to the provisions of this act; or may declare it incorporated under the same, with such changes as may be specially named. ART. 240, Sec. 3. Whenever a majority of the inhabitants of any town or vil lage, within the state, who shall be qualified electors, and shall have resided in such town or village thirty days, shall present a petition to the county court (1) of the county in which such town or village is situated, setting forth the metes and boundaries of their town and common, with a plat of the same, and praying that they may be incorporated under the provisions of this act, and the court shall be satisfied that the population of such town or village exceeds two thousand, and that a majority of the qualified electors thereof have signed the petition, the court shall declare such town or village incorporated as a city, by the name stated in the petition. ART. 241, Sec. 4. The order of incorporation shall designate the metes and bounds of the city, which shall in no case include an area of more than four square miles. The order, together with the petition and town plat, shall be entered on the records of the court, and thenceforth the inhabitants within such bounds shall be incorporated in like manner as if specially named in this act. ART. 242, Sec. 5. The boundaries of any city may, at any time, be changed by the county court, upon application, to be made and acted upon in like manner as an application to be incorporated; provided, that if it be proposed to extend the boundaries of the city, the application shall not be granted, unless a majority of all the qualified electors resident within the limits of the additional land intended to be included shall unite in the application; provided, also, that in no case shall the limits of four square miles be exceeded. ART. 243, Sec. 6. When an application is made either for an incorporation or for a change of boundaries, twenty days' notice thereof shall be given, either by publication in some newspaper printed in the city, or, if there be none, then by notices posted up in three public places in the city. Proof of such notice must be made to the court, before the application is heard. At the hearing, any qualified elector who has been a resident of the city for thirty days, next preceding, may appear and file a written opposition, which shall be heard and determined by the court, ART. 244, Sec. 7. For the government of every city incorporated under the provisions of this act, there shall be a mayor, recorder and common council, to consist of members, one of whom shall be elected president. The said mayor, recorder and councilmen shall be a body corporate and politic, by the name and style of "the mayor, recorder and common council of the city of -," and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, in all courts and in all actions whatsoever; may grant, purchase, hold and receive property, real and personal, within said city; may lease, sell and dispose of the same for the benefit of the city; may provide for the regulation and use of all commons belonging to the city, and may have a common seal and alter the same at pleasure; provided, that they shall not (1) See Supervisors. purchase or receive any real estate, other than such lands or lots within the same, as shall be necessary for the erection thereon of public buildings, or for the laying out of streets or public grounds, or such lands without the city as may be required for burial grounds. ART. 245, Sec. 8. There shall be elected in said city, at the times and in the manner hereinafter provided, a mayor, recorder, not less than seven nor more than twenty councilmen, a city marshal, a city attorney, assessor and treasurer; but no person shall be eligible to any of said offices, nor to any other office which may be established by ordinance, nor shall any person be entitled to vote for the same, who shall not be a qualified elector, according to the constitution and laws of this state, and who shall not have resided in said city for thirty days next preceding the election. The number of councilmen to be elected at the first election, shall be fixed by the legislature, or by the county court, (1) as the case may be, and such number may be subsequently increased or diminished, by the common council within the limits aforesaid. ART. 246, Sec. 9. The common council shall have power to divide the city into a convenient number of wards, and fix the boundaries thereto, and may change the same from time to time, as they shall see fit, having regard to the number of white male inhabitants, so that each ward shall contain, as near as may be, the same number of such inhabitants. The number of wards of any city shall not exceed the number of councilmen to which the city is entitled, and when a city shall have been so divided, the councilmen shall be elected from the several wards respectively, according to the number of inhabitants. ART. 247, Sec. 10. The members of the common council elected under this act, shall assemble within five days after their election, and choose a presiding officer from their number, and some suitable person as clerk. In case of the absence of the president, they may elect a president pro tempore, who shall have all the powers, and perform all the duties of president; they shall, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the mayor at any time. A majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council may previously by ordinance have prescribed; they shall judge of the qualification, elections and returns of their own members, and the other officers elected under this act; they may determine contested elections; they may determine rules for their own proceedings; punish any member or other person, for disorderly conduct in their presence; and, with the concurrence of two-thirds of their number, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and at the desire of any member, shall cause the yeas and nays to be taken and entered on any question, and their proceedings shall be public. ART. 248, Sec. 11. The said city council shall have power to make by-laws and ordinances not repugnant to the constitution and laws of the United States, or of this state; to prevent and remove nuisances; to provide for licensing, regulating and restraining theatrical and other amusements within the city; to provide for licensing any or all business not prohibited by law; to fix the amount of license tax for the same; to regulate and establish markets; to establish a board of health; to cause the streets to be cleaned and repaired; to establish a fire department, and to make regulations to prevent and extinguish fires; to regulate the inclosure of any common field belonging to or within the limits of the city; to provide for supplying the city with water; to impose and appropriate fines, penalties and forfeitures for breaches of their ordinances; provided, that no fine shall be imposed of more than five hundred dollars, and no offender be imprisoned for a longer term than ten days; to levy and collect taxes; to lay out, extend, alter, or widen streets or alleys; to establish and regulate a police; to make (1) See Supervisors. appropriations for any object of city expenditures; to erect and maintain poorhouses and hospitals; to prevent the introduction and spreading of diseases; and to pass such other by-laws and ordinances for the regulation of the police of such city as they shall deem necessary; which by-laws and ordinances shall be published in the manner to be prescribed by the city council. ART. 249, Sec. 12. The city council shall have power to borrow money, and pledge the faith of the city therefor; provided, that a majority of the legal voters in said town or city shall so decide by an election; the notice of said election to be given by the city council at least twenty days previous to said election; and, provided, that the aggregate amount of the debts of the city shall never exceed three times its annual estimated revenue. ART. 250, Sec. 13. The direct taxes imposed by the city council in any one year, shall not exceed two per centum of the valuation of property within the city. ART. 251, Sec. 14. Whenever it becomes necessary for the corporation to take private property for the purposes of laying out or altering streets or alleys, and the council cannot agree with the owner thereof as to the price to be paid, the council may direct proceedings to be taken to ascertain the value of such property. ART. 252, Sec. 15. To determine such value, a petition, in the name of the corporation, shall be presented to the county court, at a regular term, particularly describing the property, and praying the appointment of commissioners to ascertain its value. If the owner is a resident of the county, he shall have personal notice of the application, and of the time at which it will be presented. If he be a non-resident of the county, the notice shall be given by publication, at least three months, in some weekly newspaper, printed in the county. The court, before hearing the application, shall have satisfactory evidence that notice, as required in the preceding section, has been given. When the owner is a nonresident of the county, the court may adjourn the application for such time as may be reasonable, and may direct further notice to be given. ART. 253, Sec. 16. When satisfied that sufficient notice has been given, the court shall, by entry in its minutes, appoint five disinterested persons commissioners, to ascertain the compensation, specifying in the entry, the time and place for the first meeting of the commissioners. ART. 254, Sec. 17. The commissioners shall be sworn to discharge their duties faithfully and impartially. They shall view the premises, and ascertain and certify the compensation proper to be paid to the owner for the property to be taken, and may, in their discretion, assess a reasonable sum, to be paid to the owner for costs and expenses. They, or a majority of them, shall make, subscribe, and file with the county clerk, a certificate of their assessments. The court, upon such certificate, and due proof that the amount determined has been paid to the party interested, or into court, shall cause an entry to be made in its minutes, describing the property, setting forth the ascertainment of compensation, and the payment as aforesaid. ART. 255, Sec. 18. Upon such entry being made, the corporation shall be entitled to use and occupy the property as fully as if conveyed to it by the owner; a certified copy of this entry shall be recorded in the recorder's office of the county, in the like manner, and with the like effect, as if it were a deed of conveyance from the owner. ART. 256, Sec. 19. All accounts and demands against said city shall be audited by the president of the common council, and no money shall be drawn from the city treasury unless upon the certificate of the president, by order of the council. The certificate shall be drawn upon the treasurer of the city, and shall specify the fund out of which the same is payable. The treasurer shall pay the same out of any money in his hands belonging to said fund. ART. 257, Sec. 20. It shall be the duty of the common council to establish and fix the salaries of the mayor and other city officers, and also to fix a tariff of |