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 fixing and establishing, or fixing and establishing anew, or abolishing any previously established water rates, as herein before 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.

SEC. 8. Any and all persons, companies, associations, or corporations, furnishing for sale, rental, or distribution, any appropriated waters to the inhabitants of any county or counties 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 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 corporation, 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 demand 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.

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, of 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. 11. Nothing in this act contained shall be construed to prohibit or invalidate any contract already made, or which shall hereafter be made, by or with any of the persons, companies, associations, or corporations described in section two of this act, relating to the sale, rental, or distribution of water, or to the sale or rental of easements and servitudes of the right to the flow and use of water; nor to prohibit or interfere with the vesting of rights under any such contract. [Amendment of 1897, Stats. p. 49.]

SEC. 12. This act shall take effect and be in force from and after its passage.

In McFadden v. The Board of Supervisors of Los Angeles County, 74 Cal. 571, it was held that a corporation organized for the purpose of supplying water for the use of the owners and occupants of land within a particular district may adopt by-laws limiting the right to use the waters of the corporation exclusively to its own stockholders on lands owned by them; and that the board of supervisors of a county have no power, either under section 1 of article XIV of the constitution, or under the foregoing act to fix the water rates of a corporation which acquires and holds water solely for the use of its stockholders, and not for sale, distribution, or rental to the general public, and which does not sell, rent, or use its water in any way so as to accumulate a fund for the payment of dividends.

The foregoing act has been under consideration in the United States circuit court, for the southern district of California upon the question whether the charges for water could be regulated and governed by private contract, irrespective of the rates fixed by the board of supervisors, and it was held that the contract price must give way to the price or rate fixed by public authority under this act. That the constitution of the state having declared the use of water to be public, it is not left to the legislature, even, to say whether such use shall be public or not. The case referred to is Lanning v. Osborne, 76 Fed. Rep. 319; and 79 Fed Rep. 657.

After the enactment of section 11 by the

board of equalization, state board of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the clerk of the county where the primary election and convention is held, and within which the duties of the office for which the candidate is nominated are to be exercised. Vouchers must be filed for all expenditures except in case of sums under five dollars.

SEC. 35. Any candidate nominated for any public office who shall refuse or neglect to file for at least ten days such statement shall not be placed upon any ballot, but the judge of the superior court of the county wherein such statement is filed, or is required to be filed, may, on the application of a candidate or a creditor thereof, allow any claim, not in excess of the maximum amount allowed by this act, to be presented and paid after the time limited by this act; and a statement of any sum so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by the candidate in the same office as the original statement of the candidate. If the candidate, upon such application, shall show to the satisfaction of said court that there is any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit, or to present, within the designated time, a claim, otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the misconduct of any person other than such applicant, or by inadvertence or excusable neglect, or for any reasonable cause of a like manner, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application as the court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such court, by order, allow such statement and affidavit to be filed, or such error or false recital therein to be corrected, or such claims to be paid, as to thecourt seems just; and such order shall relieve

the applicant from any liability or consequences under this act in respect of the matters excused by the order. If the application is made by a creditor, the court may, under like conditions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated.

SEC. 36. No candidate of any political party or organization can have his name printed upon any ballot, to be voted for as a candidate for public office at any election in this state, unless he shall have been nominated by a convention composed of delegates chosen as provided by this act; provided, however, that nothing in this act shall prevent any candidate from being nominated as provided in section eleven hundred and eighty-eight of the Political Code; but such nominees can have no other designation on the ballot than the word "Independent"; and provided further, that no more than one candidate shall be nominated by one petition.

SEC. 37. No ticket or ballot must, on the day of a primary election, be given or delivered to or received by any person except the inspector, or a judge acting as inspector, within one hundred feet of the polling place. No person must, on the day of election, hold any ticket or unfold any ballot which he intends to use in voting, within one hundred feet of the polling place; exhibit to any other in any manner, by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, solicit the support or vote of any other person, nor request another person to exhibit or disclose the contents of any ticket or ballot which such other persons in