MacLaren

This is an appeal from a judgment decreeing the foreclosure of the liens of certain street improvement bonds.

The present action was brought pursuant to section 6610 of the Streets and Highways Code, which provides that:

We conclude that sections 6610 and 6611 prescribe alternative times for the commencement of an action to foreclose the lien of an improvement bond. That conclusion is fortified by the fact that the provisions of sections 6610 and 6611 were prior to codification in 1941 contained in section 76a of the Improvement Act of 1911, as amended (Stats. 1929, ch. 718, p. 1306), which read in part as follows:

The Supreme Court stated in In re Trombley, 31 Cal.2d 801, 806 [ 193 P.2d 734 ] : “Ordinarily, a mere change in phraseology or punctuation in the codification of an existing law will not be construed to have changed its meaning since the principal objects of the code commission in revising the statutes are to restate and clarify existing law and to correct inadvertent errors.” (See also Childs v. Gross, 41 Cal.App.2d 680, 687-688 [ 107 P.2d 424 ].)

It is significant that the Legislature in 1959 inserted the word “also” in section 6611, so that it now reads: “The…