with a capital stock, including the right to elect a board of directors authorized to exercise such control of all the property of such association, as provided in chapters one, two, three, and four of the Civil Code, relating to corporations; provided, such association shall have no authority to sell any portion of the real estate owned and held by it, by whatever title derived, which may be necessary for the permanent use of such association, for the purposes aforesaid; and provided further, that in the event that such association, after the issuance of a capital stock as aforesaid, shall be offered aid at any time from the State by appropriation, for the purpose of holding an annual district fair, and such association, by a vote of the board of directors, elected as hereinafter provided, adopts a resolution accepting such appropriation, then and in that event said annual fair shall be held under the control and management of the District Board of Agriculture of such district; but said District Board of Agriculture shall have no other authority, control, or management of or over the property of such association, and the authority which it may exercise over said property shall continue only during the time occupied in holding the said district fair, which time shall not extend over more than one week annually.

When any corporation has elected to issue capital stock under this Act, the president thereof shall, within ten days after filing with the Secretary of State of the certificate hereinbefore provided, call a meeting of the stockholders of such corporation, for the purpose of electing a board of directors of such corporation, which board of directors shall hold their office until their successors are elected and qualified, and thereafter a board of directors of such corporation shall be elected annually, on the day of the month upon which the election of said first board of directors elected as aforesaid is held, unless a different day for holding such election is fixed by the board of directors of such corporation, by its by-laws, properly adopted.

SEC. 12. All Acts or parts of Acts in conflict with this Act are hereby repealed.

GAS COMPANIES.

An Act concerning gas companies.

[Approved April 4, 1870. See Section 19, Sub. 20, of the Political Code.]

SECTION 1. From and after the passage of this Act, it shall be lawful for the corporate authorities of ever city and town in this State, and for the Supervisors of the City and County of San Francisco, to grant to any gas company the privilege of laying down pipes in the streets or alleys of such towns and cities, including San Francisco, as aforesaid, and supplying gas for the lighting of the streets and buildings thereon; such privilege to continue for a term not exceeding twenty-five

years.

SEC. 2. Every such license or privilege shall be upon condition that the authorities shall have the right at any time to allow similar privileges to other companies; and upon the further condition, that the laying down of such pipes shall be subject to the reasonable direction of the said authorities, and shall do as little injury as possible to the paving, planking, or macadamizing of the streets and alleys aforesaid; and that whenever the paving, planking, or macadamizing of such streets or alleys is displaced for the purpose of laying down pipes or removing the same, or making connections therewith or repairs thereto, such paving, planking, or macadamizing shall be replaced in as good order as practicable by such

company.

SEC. 3. The authorities of every such town or city, including San Francisco as aforesaid, may contract with any gas company for lighting the streets thereof; but no such contract shall be made at a fixed rate for a longer term than five years, nor at a variable or other rate for a longer term than ten years; nor shall any such contract be made at a higher rate than that now paid in the City of San Francisco.

SEC. 4. In addition to the foregoing provisions, the authority of such towns and cities shall affix to every license or contract such conditions as will be for the benefit of the public, and may secure their enforcement by any orders or ordinances which they may deem necessary. They may, also, control the

location and construction of works so that they may be erected in suitable localities to give the least discomfort or annoyance to the public.

SEC. 5. This Act shall take effect immediately.

An Act to provide for the letting of contracts for lighting of streets and public buildings in cities and towns in the State of California.

[Approved March 26, 1895.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Before any city or town in the State of California shall enter into any contract for the lighting of its streets, or public buildings, or other public places, the City Council, or Trustees, or other governing body of such city or town shall advertise for bids for such lighting, and cause a notice to be posted in three public places in the city or town, inviting sealed proposals for doing such lighting, referring to the specifications posted or on file. The advertisement for bids shall be published for ten days, in the newspaper designated by such city or town as its official paper, in which other legal notices, orders, and ordinances are required to be published, if there be any such official paper; but if there be no such official paper, then such advertisements for bids shall be published in any newspaper of general circulation designated by such City Council, Trustees, or other governing body.

SEC. 2. All contracts for the lighting of streets, public buildings, and other public places, after bids have been advertised for and notice given, as provided in section one of this Act, shall be let to the lowest responsible bidder. The City Council, Trustees, or other governing body of such city or town may reject any and all the bids.

SEC. 3. Each bid shall be accompanied by a check, payable to the order of the Mayor or President, or other chief officer of such city or town, and certified by a responsible bank, for at least ten per cent of the amount of the bid, or by a bond for said amount, signed by the bidder and two sureties, who shall qualify under oath in double said amount, over and above all statutory exemptions. Said bids shall be delivered in a sealed envelope to the Clerk of said City Council, Trustees,

or other governing body, and said City Council, Trustees, or other governing body, shall, in open session, open said bids, examine, and publicly declare the same. If none of said bids are accepted, a re-advertisement and notice for bids for such lighting shall then be had as provided for in the first instance. If any of said bids are accepted, then such City Council, Trustees, or other governing body of such city or town, shall enter into a contract with the bidder whose bid is accepted, to do such lighting, which contract shall embody the specifications and terms for such lighting placed on file before any bids are advertised for. But no contract shall be made for a longer period than one year, and every such contract shall go into effect within six months after the bid is approved. Any check or bond accompanying any unaccepted bid shall be returned to the party furnishing the same, when his bid is rejected; any check or bond accompanying any accepted bid shall be retained by the Clerk till the successful bidder shall have entered into a contract as herein provided, and then be returned to said bidder; but if such bidder shall refuse to enter into such contract, his check or bond shall be declared forfeited to such city or town, and shall be collected and paid into the general fund thereof.

SEC. 4. This Act shall take effect and be in force from and after its passage.

119 Cal. 131.

BRIDGES.

An Act to provide for bridges across navigable streams, and across estuaries, ponds, swamps, or arms of bays that may be outside of the line of navigable waters.

[Approved March 14, 1881; Stats. 1881, p. 76.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The power to erect bridges on public highways across navigable streams in this State, or to grant franchises to individuals or corporations for the same, is hereby granted to the Boards of Supervisors of the several counties of the State, under the restrictions of this Act.

SEC. 2. The power to grant franchises to individuals or corporations to construct bridges, and the regulation of tolls thereon, shall be exercised by the county on the left bank of all streams.

SEC. 3. Where a navigable stream is the boundary line between the counties, the Boards of Supervisors of such counties may join in the.construction of a bridge, upon such terms as may be agreed upon; provided, however, that in case of a failure to agree, either county may build the bridge and maintain control thereof.

SEC. 4. Whenever the Supervisors of any county or counties desire to erect a bridge on any public highway, or to grant the privilege so to do to any individual or corporation, across a navigable stream, under the provisions of this Act, said board or boards shall notify the State Engineer of such purpose, and of the precise point where such bridge is proposed to be located. The State Engineer shall, within ten days of the receipt of such notice, designate the width of the draw to be made in such bridge, and also the length of the spans necessary to permit the free flow of water.

SEC. 5. The communication from the State Engineer, fixing the draw and spans, shall be spread upon the minutes of the board, and any bridge constructed at that point shall be in conformity therewith; provided, however, that the State Engineer may, upon hearing before him, had upon application of any person or body interested, made within ten days after the receipt by said Board of Supervisors of said communication of said Engineer, change his first plans, in which case the modified plans must be so spread upon the minutes, and shall stand in the place of the original; provided, however, that before such hearing is had, the said Engineer must give ten days' notice, by publication in some newspaper published in the county or counties from which the application came, of the time and place of the hearing.

SEC. 6. In case of the absence or inability of the State Engineer to act, the duties devolving upon him under this Act shall be performed by the State Surveyor-General.

SEC. 7. When a bridge shall be built on a navigable stream, by one county, or two counties, it may be absolutely free, or tolls sufficient to pay in whole, or in part, for the construction, and to keep up the repairs and expenses thereof, may be charged; the rate to be fixed by the Board of Supervisors of