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 legislative 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; provided, however, that after an election shall have been held for the exclusion of any portion of a municipal corporation, if the vote shall be against exclusion, no election for the exclusion of the same territory shall again be held within three years from the date of such former election. [Amended 1905, p. 715.]

§ 2. Act takes effect when. This act shall take effect and be in force from and after its passage.

The amending act of 1905, contained the following provision: "All acts and parts of acts in conflict herewith are hereby repealed." This act is general and constitutional: People ex rel. Connolly v. Coronado, 100 Cal. 571, 572, 35 Pac. 162.

ACT 5161.

An act to provide for changing the boundaries of cities and municipal corporations, and to exclude uninhabited territory therefrom.

[Approved June 11, 1913. Stats. 1913, p. 703.]

See ante, Act 5160.

Excluding uninhabited territory from cities.

§ 2. Legislative district not affected.

§ 1.

§ 1. Excluding uninhabited territory from cities. The boundaries of any city or municipal corporation may be altered, and uninhabited territory excluded therefrom, after proceedings had, as required in this section. The legislative body of any municipal corporation, upon receiving a written petition therefor, containing a description of the uninhabited territory proposed to be excluded from said corporation, and signed by not less than one-tenth in number of the qualified electors of such municipal corporation, computed on the number of votes cast at the last general municipal election held therein, must, without delay, notify the board of supervisors of the county in which said town or city is located of the fact of filing such petition.

Notice to be published. Upon receipt of such notification it shall be the duty of said board of supervisors to cause a notice to be published in said county for a period of five successive days in case there is a daily newspaper therein, or in case where there is only a weekly or semi-weekly newspaper published therein then, for two successive weekly or semi-weekly publications, setting forth by general description the land sought to be excluded from the said municipality and announcing the time and place when and where objections to said exclusion will be heard.

Objection to exclusion. Any person owning any land so sought to be excluded may object to said exclusion by filing a written remonstrance with the said board of supervisors. At the time specified in

said notice, or at such other time as may be fixed by postponement, the said board of supervisors shall hear the said protestations, and unless the remonstrances are filed by the owners of more than onehalf of the land sought to be excluded, the decision of said board of supervisors upon said protestations shall be final and conclusive.

When more than half of owners remonstrate. In the event that the owners of more than one-half of the land sought to be excluded, or the owners of any single tract of land exceeding five acres in area, file remonstrances against such exclusion, said protestations shall be sustained by the board of supervisors and shall be a bar to any further proceedings under the provisions of this act for the period of one year. In the event that there are no protestations filed or if filed, if the same are overruled by said board of supervisors, and the said board shall by resolution consent to the exclusion of said uninhabited territory by the municipality, it shall then be the duty of the legis lative branch of said municipality to submit to the electors of such municipality the question whether or not said territory proposed to be excluded shall be excluded from said municipal corporation.

Election. Such question shall be submitted at a special election to be held for that purpose, or at any municipal election. Notice of said election shall be published in a newspaper, printed in such city or town, at least once a week for a period of two weeks next preceding such election. Said notices shall state that it is proposed to exclude the territory sought to be excluded from said municipal corporation and invite the electors of said city or town to vote upon such proposition by placing a cross (X) opposite the words "For exclusion" or the words "Against exclusion" to indicate whether they vote for or against the exclusion of such territory. In said notice the territory sought to be excluded may be generally described in such manner as to apprise the voters of the particular land or territory sought to be excluded.

Voting plans, etc. Said legislative body is hereby empowered and it shall be its duty to establish and in such notice of election designate the voting precinct or precincts, or places at which the polls will be opened in said city or town, and said elective body is empowered to appoint the officers of such election, who shall be for each voting place at least two judges and one inspector, each of whom shall be a qualified elector of said city or town.

Election returns. The judges and inspectors of such election shall immediately upon the closing of the polls, count the ballots, make up and certify the returns of the ballots cast at their respective polling places, as quickly as possible, in the manner provided in the laws of this state, and deposit all said returns with the clerk of said city or town. Said legislative body shall, at the time provided for its regular meeting next after said returns are filed with the clerk of said city or town, meet and proceed to open and canvass said returns, and immediately upon the completion of such canvass cause a report thereof to be made and entered upon its minutes, showing the whole number of votes cast and the number cast in favor of exclusion and the number cast against exclusion; and if it shall appear from such canvass that a majority of votes cast is in favor of exclusion, the clerk or other officer performing the duties of the clerk of such legis

lative body shall make and certify, under the seal of such municipal corporation, and transmit to the secretary of state and to the board of supervisors of the county in which said city or town is located, a copy of said report so entered upon its minutes, together with a statement showing the date of said election and the time and result of said canvass, which document shall be filed by the secretary of state and the clerk of said board of supervisors.

Exclusion deemed complete. From and after the date of filing of said document in the office of the secretary of state, the exclusion of such territory so proposed to be excluded shall be deemed and shall be complete and thenceforth such extended territory shall cease to be a part of such municipal corporation, for all intents and purposes; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of said 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.

§ 2. Legislative district not affected. Nothing in this act shall alter or affect the boundaries of any senatorial or assembly district.

§ 3. Expenses. All proper expenses of proceedings for exclusion of uninhabited territory under this act, whether such exclusion shall be made and completed or not, shall be paid by the municipal corporation so excluding or attempting to exclude such territory.

АСТ 5162.

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 territory therefrom, and the division of the property thereof. [Approved March 25, 1893. Stats. 1893, p. 536.] Codified by §§ 1822c-1822f, Code of Civil Procedure.

Proceedings for adjustment of indebtedness on exclusion of territory from city: See Code Civ. Proc., § 1822e et seq.

АСТ 5163.

To provide for the alteration of the boundaries of incorporated towns and cities by the annexation of uninhabited territory thereto, and for the incorporation of such annexed territory in and as a part of such municipality, and for the districting, government and municipal control of annexed territory.

[Stats. 1899, p. 37.]

Petition, notice, hearing, protest. Election. Annexation, when complete. Indebtedness.

§ 1.

§ 2.

Altering boundaries of wards on annexation.

§ 3.

Senatorial and assembly districts not affected.

§ 1. Petition, hearing, notice, protest. Election. Annexation, when

complete. Indebtedness. The boundaries of any incorporated town or

city may be altered and new uninhabited territory annexed thereto, incorporated, and included therein, upon proceedings being taken as in this act provided.

Petition. The legislative body of any such municipal corporation, upon receiving a written petition therefor, containing a description of the new uninhabited territory asked to be included in such corporation, and signed by not less than one-tenth in number of the qualified electors of such municípal corporation, computed upon the number of votes cast at the last general municipal election held therein, must, without delay, notify the board of supervisors of the county in which said town or city is located of the fact of the filing of such petition.

Notice. Protest. Hearing. Upon the receipt of such notification, it shall be the duty of said board of supervisors to cause notice to be published for a period of five days, setting forth by general description the land sought to be annexed to the said municipality, and announcing the time and place when and where objections to said annexation will be heard. Any person owning any land so sought to be annexed, may object to said annexation by filing a written remonstrance with the said board of supervisors. At the time specified in said notice, or at such other time as may be fixed by postponement, the said board of supervisors shall hear the said protestations, and unless the remonstrances are filed by the owners of any single tract of land exceeding five acres in area, or by the owners of more than one-half of the land sought to be annexed, the decision of said board of supervisors upon said protestations shall be final and conclusive. In the event that the owners of more than one-half of the land so sought to be annexed, or the owners of any single tract of land exceeding five acres in area, file remonstrances against such annexation, said protestations shall be sustained by said board of supervisors, and shall be a bar to any further proceedings under the provisions of this act for the period of one year. In the event that there are no protestations filed, or, if filed, if the same are overruled by said board of supervisors, and the said board shall, by resolution, consent to the annexation of said new uninhabited territory by the municipality, it shall then be the duty of the legislative branch of said municipality to submit to the electors of such municipality the question whether or not said new territory shall be annexed to, and incorporated in, and made a part of, such municipal corporation.

Election. Such question shall be submitted at a special election to be held for that purpose, or at any municipal election. Notice of said election shall be published in a newspaper, printed in such city or town, at least once a week for a period of two weeks next preceding such election. Said notice shall state that it is proposed to incorporate the territory sought to be annexed as a part of such municipal corporation, and invite the electors of said city or town to vote upon such proposition, by marking their ballots "For annexation," or "Against annexation." In said notice, the territory sought to be annexed may be generally described in such manner as to apprise the voters of the particular land sought to be annexed. Said legislative body is hereby empowered, and it shall be its duty to establish, and in such notice of election designate the voting precinct or precincts, and the place or places at which the polls will be opened in said city or town, and

said elective body is empowered to appoint the officers of such election, who shall be for each voting place at least two judges and one inspector, each of whom shall be qualified elector of said city. The judges and inspectors of such election shall, immediately upon the closing of the polls, count the ballots, make up and certify the returns of the ballots cast at their respective polling places as quickly as practicable, in the manner provided in the laws of this state, and deposit all said returns with the clerk of said city or town. Said legislative body shall, at the time provided for its regular meeting next after the said returns are filed with the said clerk of said city or town, meet and proceed to open and canvass said returns, and immedi ately upon the completion of such canvass cause a report thereof to be made and entered upon its minutes, showing the whole number of votes cast, and the number cast in favor of annexation, and the number cast against annexation;

Report to secretary of state. and if it shall appear from such canvass that a majority of all the votes cast is in favor of annexation, the clerk or other officer performing the duties of the clerk of such legislative body shall make and certify, under the seal of said municipal corporation, and transmit to the secretary of state, and to the board of supervisors of the county in which said city or town is located, a copy of said report so entered upon its minutes, together with a statement showing the date of said election, and the time and result of said canvass, which document shall be filed by the secretary of state and the clerk of said board of supervisors.

Annexation, when complete. From and after the date of the filing of said document in the office of the secretary of state, the annexation of such territory so proposed to be annexed shall be deemed and shall be complete, and thenceforth such annexed territory shall be a part of such municipal corporation for all intents and purposes,

Indebtedness. except only that no part of such annexed territory shall ever be taxed to pay any portion of any indebtedness or liability of such municipal corporation contracted prior to or existing at the time of such annexation.

Territory which is part of incorporated city. No territory which at the time the said petition for proposed annexation is presented to said legislative body forms any part of any incorporated city or town shall be included under the provisions of this act.

§ 2. Altering boundaries of wards on annexation. The legislative body of any incorporated city or town which is or shall be divided into wards, and which territory has been heretofore or shall be hereafter annexed, must by ordinance so alter the boundaries of the wards of said municipal corporation as to include such annexed territory, in one or more wards adjoining such annexed territory, or may form such annexed territory into one or more additional wards; provided, that the number of wards shall not be so increased as to exceed the num ber which said municipal corporation may, according to law, have.

§ 3. Senatorial and assembly districts not affected. Nothing in this act provided for shall alter or affect the boundaries of any senatorial or assembly district.