People ex rel. State Bd. of Harbor Commr's v. La Rue

Citations

• 95 Cal. 75
• 30 P. 131
• 1892 Cal. LEXIS 788

Syllabus

<p>State Harbor Commissioners — Action on Wharfinger’s Bond — Use of Name of People — Attorney-General. — Under section 2523 of the Political Code, providing that the board of state harbor commissioners may institute and prosecute to final judgment actions in the name of the people of the state for the collection of any money due, or that may become due, under the authority of article IX., part III., title VL, of the Political Code, the board has authority to use the name of the people without the relation of the attorney-general, in an action against the sureties of a wharfinger to recover moneys lost to the board by his delinquency.</p> <p>Id. — Removal of Wharfinger — Change of Statute. — The fact that the wharfinger was appointed in 1880, and removed from office in 1883, after the delinquency complained of had taken place, and that the action was commenced after a change was made in the statute, whereby the duties of the wharfinger were conferred upon another officer, called a collector, is no objection to the maintenance of the action by the harbor commissioners against the sureties of the wharfinger for money which had become due from the wharfinger before his removal from office and before the change in the law.</p>