Notice to of hearing. hearing of said petition by said Board; such notice to be specify date attached to said petition shall specify a day of the next regular term of the session of the said Board, not less than thirty days after the first publication or posting thereof, for the hearing of said petition, which shall impart notice to all such persons, companies, associations, and corporations, mentioned in such petition, and all persons interested in the matters of such petition and notice. Such Board may also cause citations to issue to any person or persons within such county, to attend and give evidence at the hearing of such petition, and may compel such attendance by attachment. Citations. Supervisors value of expenses. SEC. 4. At the hearing of said petition the Board of Superto estimate visors shall estimate, as near as may be, the value of the property and canals, ditches, flumes, water chutes, and all other property actually used and useful to the appropriation and furnishing of such water, belonging to and possessed by each person, association, company, or corporation, whose franchise shall be so regulated and controlled; and shall in like manner estimate as to each of such persons, companies, associations, and corporations, their annual reasonable expenses, including the May require cost of repairs, management, and operating such works; and, production of for the purpose of such ascertainment, may require the attendance of persons to give evidence, and the production of papers, books, and accounts, and may compel the attendance of such persons and the production of papers, books, and accounts, by attachments, if within their respective counties. books, etc. Different established. six nor more of value. SEC. 5. In the regulation and control of such water rates rates may be for each of such persons, companies, associations, and corporations, such Board of Supervisors may establish different rates at which water may and shall be sold, rented, or distributed, as the case may be; and may also establish different rates and compensation for such water so to be furnished for the several different uses, such as mining, irrigating, mechanical, manufacturing, and domestic, for which such water shall be supplied to such inhabitants, but such rates as to Net income each class shall be equal and uniform. Said Boards of Supernot less than visors, in fixing such rates, shall, as near as may be, so adjust than eight them that the net annual receipts and profits thereof to the een per cent said persons, companies, associations, and corporations so furnishing such water to such inhabitants shall be not less than six nor more than eighteen per cent upon the said value of the canals, ditches, flumes, chutes, and all other property actually used and useful to the appropriation and furnishing of such water of each of such persons, companies, associations, and corporations; but in estimating such net receipts and profits, the cost of any extensions, enlargements, or other permanent improvements of such water rights or waterworks shall not be included as part of the said expenses of management, repairs, and operating of such works, but when accomplished, may and shall be included in the present cost and cash value of such work. In fixing said rates, within the limits aforesaid, at which water shall be so furnished as to each of such persons, companies, associations, and corporations, each of said Board of Supervisors may likewise take into estimation any and all other facts, circumstances, and conditions pertinent thereto, to the end and purpose that said rates shall be equal, reasonable, and just, both to such persons, companies, associations, and corporations, and to said inhabitants. The said rates, when so fixed by such Rates Board, shall be binding and conclusive for not less than one conclusive. year next after their establishment, and until established anew or abrogated by such Board of Supervisors, as hereinafter provided. And until such rates shall be so established, Until fixed, or after they shall have been abrogated by such Board of to continue. Supervisors, as in this Act provided, the actual rates established and collected by each of the persons, companies, associations, and corporations now furnishing, or that shall hereafter furnish, appropriated waters for sale, rental, or distribution to the inhabitants of any of the counties of this State, shall be deemed and accepted as the legally established rates thereof. present rates be changed. SEC. 6. At any time after the establishment of such water Rates may rates by any Board of Supervisors of this State, the same may be established anew, or abrogated in whole or in part by such Board, to take effect not less than one year next after such first establishment, but subject to said limitation of one year, to take effect immediately in the following manner: Upon the written petition of inhabitants as herein before provided, or upon the written petition of any of the persons, companies, associations, or corporations, the rates and compensations of whose appropriated waters have already been fixed and regulated, and are still subject to such regulation by any Board of Supervisors of this State, as in this Act provided; and upon the like publication or posting of such petition and notice, and for the like period of time as herein before provided, such Board of Supervisors shall proceed anew, in the manner hereinbefore provided, to fix and establish the water rates for such person, company, association, or corporation, or any number of them, in the same manner as if such rates had not been previously established, and may, upon the petition of such inhabitants, but not otherwise, abrogate any and all existing rates theretofore established by such Board. All water rates, when fixed and established as herein provided, shall be in force and effect until established anew or abrogated, as provided in this Act. SEC. 7. Each Board of Supervisors of this State, when fix- Record of ing and establishing, or fixing and establishing anew, or rates. abolishing any previously established water rates, as hereinbefore provided, shall cause a record to be made thereof in the records of such Board, and cause the same to be published or posted in the manner and for the time required for the publication or posting of said petitions and notices. exceed those SEC. 8. Any and all persons, companies, associations, or Rates not to corporations, furnishing for sale, rental, or distribution, any appropriated waters to the inhabitants of any county or coun- Supervisors, ties of this State (other than to the inhabitants of any city, city and county, or town, therein), shall so sell, rent, or distribute such waters at rates not exceeding the established rates fixed and regulated therefor by the Boards of Supervisors of Actual damages to be recovered for excessive rates. Water com water upon tender of rates. such counties, or as fixed and established by such person, company, association, or corporation, as provided in this Act. SEC. 9. If any person, company, association, or corporation, whose water rates for any county of this State have been fixed and regulated by a Board of Supervisors, as in this Act provided, and while such rates are in force, shall collect for any appropriated water furnished to any inhabitant of such county water rates in excess of such established rates, shall be liable, in an action by any such inhabitant so aggrieved, to a recovery of the whole rate so collected, together with actual damages sustained by such inhabitant, with costs of suit. SEC. 10. Every person, company, association, and corporapanies to sell tion, having in any county in the State (other than in any city, city and county, or town, therein) appropriated waters for sale, rental, or distribution, to the inhabitants of such county, upon démand therefor, and tender in money, of such established water rates, shall be obliged to sell, rent, or distribute such water to such inhabitants at the established rates regulated and fixed therefor, as in this Act provided, whether so fixed by the Board of Supervisors or otherwise, to the extent of the actual supply of such appropriated waters of such person, company, association, or corporation, for such purposes. If any person, company, association, or corporation, having water for such use, shall refuse compliance with such demand, or shall neglect, for the period of five days after such demand, to comply therewith to the extent of his or its reasonable ability so to do, shall be liable in damages to the extent of the actual injury sustained by the person or party making such demand and tender, to be recovered, with costs. Company liable in refusal to sell. Eminent domain. SEC. 11. Whenever any person, company, association, or corporation, shall have acquired the right to appropriated water, or shall have acquired the right to appropriate such water in this State, such person, company, association, or corporation, may proceed to condemn the lands and premises necessary to such right of way, under the provisions of title seven, part third, of the Code of Civil Procedure of this State, and amendments made and to be made thereto, and all the provisions of said Code, so far as the same can be made applicable, relating to the condemnation and taking of property for public uses, shall be applicable to the provisions of this Act. SEC. 12. This Act shall take effect and be in force from and after its passage. CHAPTER CXVI. An Act to amend an Act entitled an Act to establish a Penal Code, approved February 14, 1872, by amending section six hundred and thirty-four, relating to fish and game. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and thirty-four of the Penal Code, relative to fish and game, is hereby amended so as to read as follows: meanor to mesh. 634. Every person who, between the thirty-first day of MisdeAugust and the first day of October of each year, takes or take salmon catches, buys, sells, or has in his possession, any fresh salmon, or cast seine. is guilty of a misdemeanor. Every person who shall set of draw, or assist in setting or drawing, any net or seine for the purpose of taking or catching salmon or shad in any of the public waters of this State, at any time between sunrise of each Saturday and sunset of the following Sunday, is guilty of a misdemeanor. Every person who shall, for the purpose Size of net of catching shad or salmon, in any public waters of this State, fish with or use any seine or net, the meshes, when drawn closely together and measured, inside the knot, less than seven and one half inches in length, is guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars, or in default, not less than one hundred days in the county jail. One half of all moneys collected for Fine, how fines for violation of the provisions of this chapter, shall be distributed. paid to the informer, one quarter to the District Attorney of the county in which the action is tried, and one quarter shall be paid into the Fish Commission Fund; all other costs shall be charged and collected from the county in which the action is prosecuted. Nothing in this chapter shall prohibit United States the United States Fish Commissioners, or the Fish Commis- Com sioners of this State, from taking such fish as they deem missioners necessary for the purpose of artificial hatching at all times. CHAPTER CXVII. An Act to amend section one thousand six hundred and sixty-two of an Act of the Legislature of the State of California, entitled An Act to establish a Political Code," approved March 12, 1872, relating to public schools. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section sixteen hundred and sixty-two of the and State exempt. Children of certain ages admitted to schools. Trustees 1662. Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district, and the Board of Trustees, or City Board of Education, have power to admit adults and children not residing in the district whenever good reason exists therefor. Trustees shall have may exclude the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for children of Mongolian or Chinese descent. When such separate schools are established, Chinese or Mongolian children must not be admitted into any other schools. certain children. Chinese. SEC. 2. This Act shall take effect from and after its passage. Funds to be transferred Fund. CHAPTER CXVIII. An Act to authorize the Controller and Treasurer of State to transfer certain funds. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. The Controller and Treasurer of State are to Interest hereby authorized to transfer, on December first, eighteen and Sinking hundred and eighty-five, the sum of ninety thousand dollars, or any portion thereof, from any fund or funds in the State Treasury having a surplus, to the Interest and Sinking Fund, to pay the semi-annual interest on the outstanding State bonds, due January first, eighteen hundred and eighty-six; provided, that said sum of ninety thousand dollars, or any portion thereof that shall have been so transferred, shall, upon receipt of a sufficient amount into the Interest and Sinking Fund during the thirty-seventh fiscal year, be retransferred to the fund or funds from which said sum shall have been borrowed. SEC. 2. This Act shall take effect immediately. CHAPTER CXIX. An Act to amend section three thousand seven hundred and thirteen of the Political Code, relating to levy of taxes. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section three thousand seven hundred and thirteen of the Political Code is hereby amended so as to read: |