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nish any false statement in relation thereto, within thirty days after having been required or requested to furnish the same as prescribed in sections one, two, and three of this act, shall be deemed guilty of a misdemeanor.

Sec. 5. Upon receiving the statements provided for in secLions two and three of this act, the board of supervisors, town council, board of aldermen, or other legislative body, shall cause a copy thereof to be made and filed in the office of the county recorder of such city and county, or of the county wherein such city or town is situated.

Sec. 6. Rates for the furnishing of water shall be equal and uniform. There shall be no discriminations made between persons, or between persons and corporations, or as to the use of water for private and domestic, and public or municipal purposes; provided, that nothing herein shall be so construed as to allow any person, company, association, or corporation to charge any person, corporation, or association anything for water furnished them when, by any present law, such water is free.

Sec. 7. Any person, company, aseociation, or corporation charging, or attempting to collect from the persons, corporations, or municipalities using water, any sum in excess of the rate fixed as hereinbefore designated, shall, upon the complaint of said board of supervisors, town council, board of aldermen, or other legislative body thereof, or of any water-rate payer, and upon conviction before any court of competent jurisdiction, shall forfeit the franchises and waterworks of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used.

Sec. 8. Any board of supervisors or other legislative body of any city and county, city or town which shall fail or refuse to perform any of the duties prescribed by this act, at the time and in the manner hereinbefore specified, shall be deemed guilty of malfeasance in office, and upon conviction thereof, at the suit of any interested party, in any court of competent jurisdiction shall be removed from office.

Sec. 9. This act shall take effect and be in force from and after the date of its passage.

See art. XIV, Const. 1879, ante.


Section 8 of this act is unconstitutional, being in conflict with section 20 of article VI of the Constitution, which requires all prosecutions to be conducted in the name of “the People of the State of California,” and by their authority, and no prosecution can be made by an interested party, or an individual. (Fitch v. Board of Supervisors, 122 Cal. 285, 54 Pac. 901.)









These statutes are continued in force as to the corporations formed thereunder by section 288 of the Civil Code, ante, pp. 91-98.

Page. Article I. Corporations in General......

.810-821 II. Foreign Corporations...

821 III. Insurance Corporations.

.821-835 IV. Railroad Corporations... V. Plank anıl Turnpike Road Corporations.

.860-867 VI. Wagon Road Corporations..

868 VII. Toll Road Corporations ..

..868-871 VIII. Manufacturing, Mining, Mercantile, Wharfing,

Trades, Business, Mechanical, and Commercial Cor

IX. Chambers of Commerce, Boards of Trade, and Me-
chanics' Institutes.

882 X. Water Corporations...

882-888 XI. Canal Corporations.

889-893 XII. Mining Corporations...

.894-897 XIII. Telegraph Corporations....

.897-905 XIV. Bridge Corporations.....

...906-910 XV. Religious, Benevolent, and Learned Associations..910-915 XVI. Odd Fellows, Temperance Halls, etc... ......915, 916 XVII. Orphan, Foundling, Cemetery, and Other Societies.916-918 XVIII. Navigation Corporations..

..918-921 XIX. Rural Cemetery Associations..

.921-925 XX. Homestead Associations...

.926-934 XXI. Savings and Loan Societies.

934-942 XXII. Library Associations....

943-947 XXIII. Cruelty to Animals Association.

948 XXIV. Yacht Clubs.......

948 XXV. Agricultural Societies..

948-954 XXVI. Colleges......


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