tax shall be levied; and it is hereby made the duty of every officer and board to do his respective part towards the levy, collection, and payment of such tax; and mandamus shall issue from the superior court of the county in which the district is situated, or from any other competent court, upon applica tion of any party interested, for the purpose of compelling the performance of the duty imposed by this act upon any and all officers or boards.

SEC. 18. If the result of any election upon the question of the issuance of bonds be in favor of such issuance, the sanitary board may, in their discretion, before such issuance, commence, in the superior court of the county, a special proceeding to determine their right to issue such bonds and the validity thereof, similar to the proceeding in relation to irrigation bonds, provided for by an act entitled "An act supplemental to an act entitled, 'An act to provide for the organization and govern ment of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes, approved March seventh, eighteen hundred and eighty-seven, and to provide for the examination, approval and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act;" and all the provisions of said act shall apply to and govern the proceedings so to be commenced by the sanitary board, so far as the same are applicable; and said proceedings shall be in accordance with the provisions of said act, so far as the same are applicable, and the judgment in such proceedings shall have the same effect as a judgment in relation to irrigation bonds under the provisions of said act.

SEC. 19. Any general regulation of the sanitary board shall be by order entered in the minutes, but such order shall be published once a week for one week in some newspaper published within the district, if there be one, and if there be no such newspaper, then such order shall be posted for one week in three public places within the district.

A subsequent order of the board that such publication or posting has been duly made shall be conclusive evidence that such publication of posting has been properly made.

Orders not establishing a general regulation need not be published or posted (unless otherwise provided by this act), but shall be entered in the minutes and the entry shall be signed by the secretary of the board. A general regulation shall take effect immediately upon the expiration of the week of publication or posting thereof.

An ordinary order shall take effect upon the entry in the minutes.

SEC. 20. The board may instruct the district attorney of the county to commence and prosecute any and all actions and proceedings necessary or proper to enforce any of its regulations or orders, and may call upon said district attorney for advice as to any sanitary subject; and it shall be the duty of the district attorney to obey such instructions and to give advice when called on by the board therefor. The board may at any time employ special counsel for any purpose. All fines for the violation of any regulation or order of the sanitary board shall, after the expenses of the prosecution are paid therefrom, be paid to the secretary of the board, who shall forthwith deposit the same with the county treasurer, who shall place the same in the running expense fund of the district.

SEC. 21. The district may at any time be dissolved upon the vote of two-thirds of the qualified electors thereof, upon an election called by the sanitary board upon the question of dissolution.

Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, the property of the district shall vest in any incorporated city or town that may at said time be in occupation of a considerable portion of the territory of the district, and if there be no such incorporated city or town, then the property shall be vested in the board of supervisors of the county until the formation of such a city or

town; provided, however, that if at the time of such election to dissolve such district, there be any outstanding bonded indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such indebtedness.

And from the time such district is thus dissolved, until such bonded indebtedness, with the interest thereon, is fully paid, satisfied and discharged, the legislative authority of said incorporated city or town, or the board of supervisors, if there be no such incorporated city or town, is hereby constituted ex officio the sanitary board of such district. And it is hereby made obligatory upon such board to levy such taxes, and perform such other acts as may be necessary in order to raise money for the payment of such indebtedness, and the interest thereon, as herein provided.

SEC. 22. The sanitary board shall have power, at any time after main sewers or other sewers are laid, to order and contract for the construction of a sewer in any street of the district where a sewer is not already constructed, and to provide by such order that the cost thereof shall be borne by the property fronting along the line of the sewer so ordered; and in case such order is made, the said cost shall be assessed on the lots and lands fronting on such sewer, according to the provisions of the general law of the state in relation to street improvements in incorporated cities or towns, in force at the time such assessment is made, so far as the same shall be applicable; and the lien of the assessment so made shall be enforced by action to be brought by the district attorney of the county in the name of the sanitary district; provided, that nothing in this section contained shall be construed to take away or impair the power of the board to provide that the expenses of the sewers above provided for shall be borne by the whole district, as in other cases. All acts and parts of acts in conflict

SEC. 23.

with this act, or any portion thereof, are hereby repealed.

SEC. 24. This act shall take effect immediately.

In Woodward v. Fruitvale Sanitary District, 99 Cal. 554, the foregoing act was held constitutional, on lines similar to those given in Turlock Irrigation Dist. v. Williams, 76 Cal. 360; Central Irrigation Dist. v. DeLappe, 79 Cal. 351; and in re Madera Irrigation Dist., 92 Cal. 296, and that the organization of such districts was within the "police power" of the legislature; that the mere fact that such district might include cities or towns, did not necessarily imply an interference by the legislature with the local legislation of such municipalities; and that the validity of bonds issued by officers acting under color of office, after receiving their commissions, and their acts thereafter as officers in signing bonds issued by the sanitary board, cannot be inquired into in a collateral proceeding by a taxpayer to test the validity of the organization of the district, and the validity of a tax levied by the board upon property in the district.

IRRIGATION DISTRICTS.

An act to provide for the organization and gov ernment of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of the lands embraced within such districts, and, also, to provide for the distribution of water for irrigation pur poses.

[Approved March 31, 1897. Stats. p. 254.]

ORGANIZATION.

SECTION 1. A majority in number of the holders of title, or evidence of title, to lands susceptible of irrigation from a common source and by the same system of works, such holders of title, or evidence of title, representing a majority in value of said lands, according to the equalized county assessment roll or rolls for the year last preceding, may propose the organization of an irrigation district, under the provisions of this act. Said equalized assessment roll or rolls shall be sufficient evidence of title for the purposes of this act.

SEC. 2. In order to propose the organization of an irrigation district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district, or the greater portion thereof, are situated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, and representing the requisite majority in value of said lands, which petition shall set forth the boundaries of the proposed district, and shall state, generally, the source from which said lands are proposed to be irrigated, and the character of the works pro