Hance

This is an original proceeding hy mandamus to compel the city clerk of Los Angeles to countersign certain improvement bonds of that city which he has hitherto refused to sign, upon the sole ground that section 6 of the act of March 19, 1889, entitled “An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations,” etc. (Stats. 1889, p. 399), as amended by act of March 1, 1893 (Stats. 1893, p. 61), has been repealed by the act of March 9, 1897 (Stats. 1897, p. 399).

The case has been submitted upon demurrer to the petition, and it is conceded by counsel for respondent that it is his duty to countersign the bonds if section 6 of the act of 1889, as amended in 1893, has not been repealed by the act of 1897. In view of this admission we coniine ourselves to the single question here stated, and if there are any other questions which might arise upon the facts alleged in the petition we do not decide them.

The title of the act of March 9, 1897 (Stats. 1897, p. 75), is as follows: “An act authorizing the common council, board of trustees, or other governing body of any incorporated city or town, .other than cities of the first class, to refund its…