Runyon

Plaintiff instituted this proceeding as contemplated by section 5493-J of the Political Code, seeking a determination of the validity of an assessment which it had caused to be levied for purposes of reclamation. Summons was served upon all the property owners in the district. They suffered default, saving the defendant Van Loben Seis, who appeared and contested. From the judgment, which was adverse to his contention, and from the order denying a new trial, he prosecutes these appeals.

1. It is first insisted that plaintiff is not legally organized. The argument here is precisely that pressed upon our consideration in People v. Reclamation District No. 551, ante, p. 114, adversely to appellant’s views.

2. Defendant is consul of the republic of Paraguay, and has pleaded his consular privileges in bar of this proceeding. We need not stop to" decide whether, under the amendment of 1875 to the Federal Judicature Act, the courts of a state may take jurisdiction of actions in personam against consuls of a foreign country. That question is now under consideration by this court in Bank, and its decision need not be anticipated. For this proceeding is not an action in personam, and,…