Duty of supervisors. the fund herein before mentioned, the money so remaining shall be transferred to the school fund of the districts or district covered by said municipal corporation. SEC. 2. Section two of said act is hereby amended to read as follows: Section 2. The board of supervisors of the county in which any such municipal corporation has been disincorporated, shall have the power, and it shall be their duty, if the board of trustees or other legislative body of such corporation shall fail or refuse to return to said board of supervisors the statement of said amounts as herein before in this act provided, to ascertain the indebtedness of said municipal corporation at the time of its disincorporation, and the amount of money in its treasury and the amount due to it at the said time. Said board of supervisors shall make provision for the collection of the amounts due to said municipal corporation, and for the closing up of its affairs, and any act or acts necessary for such purpose and not otherwise herein provided for, shall, upon the order of said board of supervisors directing the same, be as fully done and performed by the officer or officers performing similar duties for the said county, and with as full effect as if the same had been performed by the proper officer of said municipal corporation, before disincorporation, and said county shall succeed to and possess all the rights of said municipal corporation in and to said indebtedness, and shall have power to sue for or otherwise collect any such debts, in the name of the county. All costs and expenses of ascertaining the facts herein before mentioned, and all other costs and expenses incurred by the board of supervisors in the execution of the powers and duties of said board of supervisors, provided for in this act, shall be paid out of the special fund in said county treasury herein before in this act provided for. All provisions of this act relating to the settlement of a municipal corporation after disincorporation shall be applicable to the winding up of the affairs of any disincorporated municipality, whether disincorporated before or after the passage of this act. SEC. 3. This act shall take effect immediately. CHAPTER XVIII. An act to provide for the ownership of property and the winding up of the affairs of municipal corporations disincorporated under the provisions of an act of the legislature of the state of California, entitled "An act to provide for the disincorporation of municipal corporations of the sixth class," approved March 26, 1895, when two thirds or more in value of assessable property within the former limits thereof shall be included within the boundaries of any subsequently incorporated city or town. [Approved February 17, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: of disincor municipal SECTION 1. Any city or town heretofore or hereafter incor- ownership porated that, at the time of incorporation, shall embrace within of property the corporate limits thereof two thirds or more in value of porated assessable property formerly contained within the corporate ities of the boundaries of any city or town disincorporated under the pro- sixth class. visions of an act of the legislature of the state of California, approved March twenty-sixth, eighteen hundred and ninetyfive, entitled "An act to provide for the disincorporation of municipal corporations of the sixth class," shall succeed to and become the owner of all public property formerly belonging to such disincorporated city or town; and also to such proportion of the corporate debts, liabilities, and credits due or owing and unpaid, as the total value of assessable property of such former city or town lying within its boundaries, as aforesaid, shall bear to the total value of all assessable property situated within the former limits of said municipal corporation so disincorporated; such valuation to be determined by the assessment roll of the county in which such city or town is situated for the fiscal year in which said municipality was disincorporated; provided, that any territory contained therein that was not included within the former limits of said disincorporated municipality shall not be liable to be taxed for any debt or liability of said disincorporated city or town. SEC. 2. The board of supervisors of the county in which said city or town is situated shall, upon written request of the board of trustees or other legislative body thereof, forthwith cause the county auditor to prepare a statement of the total valuation of assessable property in said disincorporated municipality and the total amount thereof contained in said incorporated city or town. as aforesaid, and said auditor shall prepare the same without cost. If it appears from said statement that two thirds or more in value of said assessable property is contained within the boundaries of said incorporated city or town, said board of supervisors shall, by an order duly entered upon their minutes, fix the relative proportion thereof, which proportion so fixed shall be the proportion of the debts Bonded indebtedness. Property sold for taxes. and liabilities of said disincorporated municipality for which said incorporated city or town shall be liable; and shall forward a certified copy of said entry to the secretary of state and also to the city clerk of said incorporated city or town, and forthwith turn over to the board of trustees or other legislative body thereof, all public property taken by them under the provisions of said act providing for the disincorporation of cities of the sixth class, and such proportion of all moneys in the special fund provided for in said act, as said incorporated city or town is entitled to, estimated as in the case of debts and liabilities, as aforesaid. And thereupon the ownership and title to all public property of every description formerly belonging to said disincorporated municipality, which under the provisions of said act has been taken possession of by the board of supervisors and passed into the control of the county or passed into the ownership and possession of the state of California by reason of said disincorporation, shall immediately be vested in said incorporated city or town as fully as if said property had been originally acquired by it. SEC. 3. If there be a bonded indebtedness of said disincorporated municipality existing on its former territory, a portion of which is included in said city or town as aforesaid, the board of trustees or other legislative body of such city or town shall make provisions to pay its proportion thereof, estimated as aforesaid, in the same manner it should have been paid had said city or town not disincorporated; and for that purpose shall annually levy and collect, at the same time other city taxes are levied and collected, a special tax on the territory of said disincorporated municipality within the limits of said city or town, sufficient to pay its proportion thereof as the same shall become due; and the board of supervisors of said county shall annually levy and collect, at the same time other county taxes are levied and collected, a special tax on the remainder of said territory not included in said city or town, sufficient to pay the balance thereof, and cause the same to be paid to the treasurer of said city or town, and it shall be the duty of said city treasurer to pay said bonded indebtedness as the same becomes due with said moneys levied and collected as aforesaid, in conformity with the laws under which such indebtedness was incurred. SEC. 4. Any property within the limits of said disincorporated city or town that has been sold for any tax levied by such disincorporated municipality may be redeemed or a tax deed issued therefor, in the same manner and with the same effect as if said municipality had not disincorporated. Such proceedings to be had and deed issued in the corporate name of said city or town in which said land is situated. SEC. 5. All acts or parts of acts in conflict herewith are hereby repealed. SEC. 6. This act shall take effect immediately. CHAPTER XIX. An act to amend section six hundred and ninety of the Code of [Approved February 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section six hundred and ninety of the Code of Civil Procedure of the state of California is hereby amended to read as follows: What exempt from execution. 690. The following property is exempt from execution, Property except as herein otherwise specially provided: exempt from exe 1. Chairs, tables, desks, and books, to the value of two hun- cution. dred dollars, belonging to the judgment debtor. 2. Necessary household, table and kitchen furniture belonging to the judgment debtor, including one sewing-machine, stove, stovepipes, and furniture, wearing apparel, beds, bedding and bedsteads, hanging pictures, oil paintings and drawings, drawn or painted by any member of the family, and family portraits and their necessary frames, provisions actually provided for individual or family use, sufficient for three months, and three cows and their sucking calves, four hogs with their sucking pigs, and food for such cows and hogs for one month; also, one piano, one shotgun, and one rifle. 3. The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of one thousand dollars; also, two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules, for one month; also, all seed, grain, or vegetables, actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; and seventy-five beehives, and one horse and vehicle. belonging to any person who is maimed or crippled, and the same is necessary in his business. 4. The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records, and office furniture of a notary public; the instruments and chest of a surgeon, physician, surveyor, or dentist, necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers, and music teachers, and their necessary office furniture; also, the musical instruments of music teachers actually used by them in giving instructions, and all the indexes, abstracts, books, papers, maps, and office furniture of a searcher of records necessary to be used in his profession; also, Property exempt from execution. the typewriters, or other mechanical contrivances employed for writing in type, actually used by the owner thereof for making his living; also, one bicycle, when the same is used by its owner for the purpose of carrying on his regular business, or when the same is used for the purpose of transporting the owner to and from his place of business. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, or oxen, with their harness, and food for such horses, mules, or oxen for one month, when necessary to be used in any whim, windlass, derrick, car, pump, or hoisting gear; and also his mining claim, actually worked by him, not exceeding in value the sum of one thousand dollars. 6. Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupé, one hack or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living, and one horse, with vehicle and harness or other equipments, used by a physician, surgeon, constable, or minister of the gospel, in the legitimate practice of his profession or business, with food for such oxen, horses, or mules for one month. 7. One fishing boat and net, not exceeding the total value of five hundred dollars, the property of any fisherman, by the lawful use of which he earns a livelihood. 8. Poultry, not exceeding in value twenty-five dollars. 9. Seamen and sea-going fishermen's wages and earnings, not exceeding one hundred dollars. 10. The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family, residing in this state, supported in whole or in part by his labor; but where debts are incurred by any such person, or his wife or family, for the common necessaries of life, or have been incurred at a time when the debtor had no family residing in this state, supported in whole or in part by his labor, the one half of such earnings above mentioned are nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred. 11. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars, if the person holding the shares is not the owner of a homestead under the laws of this state. All the nautical instruments and wearing apparel of any master, officer, or seaman of any steamer or other vessel. 12. All moneys, benefits, privileges, or immunities, accruing or in any manner growing out of any life insurance on the life of the debtor, if the annual premiums paid do not exceed five hundred dollars. |