city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the place of use. [Stats. 1885, p. 95.] Amended 1897, 49; 1901, 80. Cal.Rep.Cit. 129, 446; 129, 447; 130, 313. This act appears in full in the Civil Code, Appendix, p. 781. ACT 4348. An act to enable the board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town to obtain data and information, from any corporation, company, or person supplying water to such city and county, city, or town. requiring such boards, town council, or other legislative body to perform the duties prescribed by section one of article fourteen of the constitution, and prescribing penalties for the non-performance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Unconstitutional in part. (Fitch v. Supervisors, 122 Cal. 285) Municipal corporations to fix water rates. Section 1. The board of supervisors, town council board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized and em powered, and it is made their official duty, to annually f the rates that shall be charged and collected by any per son, company, association, or corporation, for water furnished to any such city and county, or city, or town, or the inhabitants thereof. Such rates shall be fixed at a regular or special session of such board or other legislative body. held during the month of February of each year, and sha take effect on the first day of July thereafter, and shall con tinue in full force and effect for the term of one year. and no longer. Annual statements to be made by water companies, etc. Sec. 2. The board of supervisors, town council, board of aldermen, or other legislative body of any city an county, city, or town, are hereby authorized, and it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ord nance or otherwise, any corporation, company, or person supplying water to such city and county, city, or town, or to the inhabitants thereof, to furnish to such board, or other governing body, in the month of January in each year, a detailed statement, verified by the oath of the president and secretary of such corporation or company, or of such person, as the case may be, showing the name of each water-rate payer, his or her place of residence, and the amount paid for water by each of such waterrate payers, during the year preceding the date of such statement, and also showing all revenue derived from all sources, and an itemized statement of expenditures made for supplying water during said time. Additional statement. Sec. 3. Accompanying the first statement made as prescribed in section two of this act, every such corporation, company, or person shall furnish a detailed statement, verified in like manner as the statement mentioned in section two hereof, showing the amount of money actu ally expended annually, since commencing business, in the purchase, construction, and maintenance, respectively, of the property necessary to the carrying on of its business, and also the gross cash receipts annually, for the same period, from all sources. Refusal to make statement a misdemeanor. Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements mentioned in sections two and three of this act, or either of them, or who shall furnish 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. Copy of statement to be filed. Sec. 5. Upon receiving the statements provided for in sections 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. Rates to be equal. 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. Excess in charging rates forfeits franchise, etc. Sec. 7. Any person, company, association, 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 water-works of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used. Penalty to supervisors neglecting to enforce act. 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 speci fied, 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. ACT 4353. TITLE 533. To prevent obstructions in navigable streams. 1850, p. 188.] [Stats. Superseded by Penal Code, sec. 611, and Political Code, sec. 2350. ACT 4354. For the protection of harbors. [Stats. 1861, p. 224] This act forbade the mooring to buoys or beacons and the throwing overboard of ballast. It was superseded in part by the act of 1873-4, 619, and entirely by Penal Code, secs. 613, 614. ACT 4355. Fixing and defining a miner's inch of water. ACT 4356. [Approved Artesian wells, regulating use of, and preventing waste of subterranean waters. [Stats. 1877-8, p. 195.] Section 8 repealed 1901, 284. ACT 4357. To declare navigable a creek in sections 35 and 36, township 3 south, range 3 west, Mt. Diablo meridian. [Stats. 1867-8, p. 486.] This act declared a certain creek in Alameda County navigable. ACT 4358. To declare certain rivers and creeks navigable. [Stats. 1851, p. 422.] Cal.Rep.Cit. 79, 349. This act declared certain parts of the following streams navigable: San Jose de Guadelupe, Petaluma River, Sonoma River, Napa River, Suisun River, Sacramento River, Feather River, Yuba River, San Joaquin River, Stockton Slough, Mokelumne River, Tuolumne River, Deer Creek, and American Fork. Substantially incorporated in Political Code, sec. 2349, with the exception of the San Jose de Guadelupe and the American Fork. ACT 4359. Declaring a certain creek in Washington Township, Alameda County, navigable. [Stats. 1871-2, p. 307.] Probably repealed by Political Code, sec. 2349, as amended 1891. ACT 4360. Alameda County, navigable streams in. [Stats. 1867-8, pp. 486-680.] This act applied, amongst others, to San Leandro Creek and Johnson's Creek. Particular streams, navigability of, see particular title. ACT 4361. Authorizing the boards of supervisors of the several counties of this state to declare innavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.] Repealed by sec. 25, County Government Act, 1897, 457. ACT 4362. To authorize the board of supervisors of the several counties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 1881. Stats. 1881, p. 25.] Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. Repealed 1901, 265. This act authorized supervisors to grant privileges to build booms to hold logs and timber. ACT 4363. An act to provide for the location of tow-paths along the banks of navigable streams. [Approved April 1, 1872. Stats. 1871-2, p. 940.] Authority given. Section 1. The board of supervisors of each county in the state may, when public convenience for the purpose of commerce requires it, cause to be located and opened a tow-path, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county. Viewers. Sec. 2. In order to locate and open such tow-path, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the purpose of locating and opening public roads and highways. Water frontage. Sec. 3. The owner or owners of any land over which a tow-path shall be located and opened shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce. Fences. Sec. 4. It shall not be necessary to construct or maintain fences on either side of any tow-path so located, but the board of supervisors may make all necessary rules and regulations for the government and management of tow-paths, and may provide for the erection of gates thereon and for the full and complete protection of the property through which the same passes. |