Jones

This proceeding was instituted to test the validity and constitutionality of the 1935 amendment (Stats. 1935, p. 1999) to the “Assessment Bond Refunding Act of 1933”. In the year 1931 the legislature passed an act providing for the refunding of certain classes of improvement bonds (Stats. 1931, p. 1861.) This act was declared unconstitutional by this court in the case of County of San Diego v. Childs, 217 Cal. 109 [ 17 Pac. (2d) 734 ], on the ground that it impaired the contract rights of the landowners by subjecting them to certain burdens not imposed upon them at the time the original bonds were issued. In 1933 the legislature enacted a statute along the same general lines of, but much broader in scope than, the act of 1931, declared unconstitutional in the Childs case. This act is known as the “Assessment Bond Refunding Act of 1933” (Stats. 1933, p. 1915). We will refer to this act hereinafter as the Refunding Act of 1933. It was also declared unconstitutional by this court in the case of County of Los Angeles v. Rockhold, 3 Cal. (2d) 192 [ 44 Pac. (2d) 340 , 100 A. L. R. 149], on the ground that it impaired the contract rights of both the landowners and the bondholders. It…