Hellman

After a re-examination of this case by the court in Bank, we are satisfied with the views expressed in the opinion of Mr. Justice Temple, filed upon the hearing of the case in Department Two; and that opinion, with the suggestions which we deem it proper here to add in response to the petition for a hearing in Bank, will stand as the opinion of the court.

1. Counsel strenuously contends that the bonds in question cannot be considered as the bonds of the municipality, but that they are, in legal effect, the obligations of the several property owners, or are not the obligations of any one. We cannot see any distinction between these bonds, and those considered in the case of Lent v. Tillson, 72 Cal. 404 , referred to in the opinion in Department. In each case they are made payable only out of a special fund to be raised by assessment on the property benefited; it is expressly declared in each act that the city should in no event be liable upon them, and no personal liability for their payment is by either act imposed on any one. The fact that in one case the bonds are to be paid generally out of a fund raised by assessment on all the property benefited, and in the Other case are…