County of Los Angeles v. County of Orange

Citations

• 97 Cal. 329
• 32 P. 316
• 1893 Cal. LEXIS 541

Syllabus

<p>Counties — Creation of New County — Power of Legislature — Eights and Obligations of Old County.'— The legislature, except as restrained by constitutional limitations, may change the boundaries and extent of counties within the state, consolidate two or more into one, or divide and create new counties out of the territory of one or more previously existing ones. Upon the creation of a new county out of the territory of another, the legislature, in the absence of constitutional restrictions, may make such provision with reference to the public property and debts, or their division, as to it may seem just; and in the absence of any provision in reference thereto, the old county will he entitled to retain all public property and assets, except such public buildings as lie within the territory of the new, and will also be liable for all its prior obligations.</p> <p>Id. —Act Creating Orange County — Liability to Los Angeles County for Indebtedness.—Under section 7 of the act of the legislature of March 11, 1889, creating the county of Orange out of a portion of the county of Los Angeles, which provides that commissioners are to determine the indebtedness of the county of Los Angeles “ existing at the time this act takes effect,” the act itself declaring that it “shall take effect and be in force from and after the date of its passage and approval,” the county of Orange is liable to the county of Los Angeles only for the indebtedness found to be existing on March 11, 1889, and is not chargeable with moneys expended by the latter county after that date, and prior to the organization of the new county, though expended within the territory of the new county.</p> <p>Id. — Construction of Constitution — Apportionment oe Indebtedness — Division of Assets — Power of Legislature. — Section 3 of article XL of the constitution, which provides that “ every county which shall be enlarged or created from territory taken from any other county or counties shall be liable for a just