man, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 14 and 36, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Same. § 55. Any person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. What rules of law, to govern. § 56. In any case not provided for in this act, the rules of law and equity, including the law-merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. Interpretation of act. § 57. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Definition of certain terms. § 58. (1) In this act, unless the context or subject matter otherwise requires "Action" includes counterclaim, setoff, and suit in equity. "Delivery" means voluntary transfer of possession from one person to another. "Fungible goods" means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit. "Goods" means chattels or merchandise in storage, or which has been or is about to be stored. "Holder" of a receipt means a person who has both actual possession of such receipt and a right of property therein. "Order" means an order by indorsement on the receipt. "Owner" does not include mortagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee. "Purchaser" includes mortgagee and pledgee. "Receipt" means a warehouse receipt. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. "Warehouseman" means a person lawfully engaged in the business of storing goods for profit. (2) A thing is done "in good faith" within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not. Prior acts. $59. The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act. Same. § 60. All acts or parts of acts inconsistent with this act are hereby repealed. Name of act. § 61. This act may be cited as the Warehouse Receipts Act. ACT 4323. TITLE 552. WARM SPRINGS CREEK. To declare navigable. [Stats. 1871-72, p. 307.] The code commissioners say of this act: "Probably repealed by Political Code, § 2349, as amended 1891." TITLE 553. АСТ 4328. To provide for the payment of the controller of state's warrants, which have been lost or destroyed previous to payment by the state treasurer. [Stats. 1891, p. 294.] See this act, ante, Act 2033. ACT 4333. TITLE 554. WASHINGTON TOWNSHIP. Yolo County, hogs and goats in Washington Township. [Stats. 1875-76, Superseded by 1897, p. 198. p. 800.] TITLE 555. WATER COMMISSIONERS. The Political Code, § 19, continued in force all acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. For the act governing in any particular township or county, see the particular title. See, also, Acts 4364, 4365. TITLE 556. ACT 4343. WATER COMPANIES. For the incorporation of water companies. [Stats. 1858, p. 218.] Amended 1861, p. 228. Repealed by Civil Code, § 288. АСТ 4344. To provide for the incorporation of water companies. [Stats, 1852, For the protection of water companies. [Stats. 1861, p. 533.] This act provided a penalty for injuring, defrauding, etc. It was superseded by Penal Code, §§ 499, 592, 607, 625. АСТ 4346. Authorizing boards of supervisors to fix water rates. [Stats. 1880, p. 16.] ACT 4347. Regulating and controlling the sale, rental and distribution of appropriated water in this state other than in any 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, p. 49; 1901, p. 80. Citations. Cal. 74/573; 129/446, 447, 449; 130/313; 139/28; 151/58, 59; 152/730. App. 8/170, 173, 174. This act appears in full in Appendix, Civil Code, p. 1936. "See Osborne v. San Diego etc. Co., 178 U. S. 22, and Fellows v. Los Angeles, 33 Cal. Dec. 472."-Code Commissioners' Note. АСТ 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 1 of Article XIV of the constitution, and prescribing penalties for the nonperformance of such duties. [Approved March 7, 1881. Stats. 1881, p. 54.] Citations. Cal. 152/265, 266. "Unconstitutional in part (Fitch v. Supervisors, 122 Cal. 285). See 1885, p. 95; San Diego Land Co. v. National City, 174 U. S. 739."-Code Commissioners' Note. See the Act of 1885, p. 95, ante, Act 4347. Municipal corporations to fix water rates. §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 empowered, and it is made their official duty, to annually fix the rates that shall be charged and collected by any person, 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 shall take effect on the first day of July thereafter, and shall continue in full force and effect for the term of one year, and no longer. Annual statements to be made by water companies, etc. § 2. 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 it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ordinance 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. § 3. Accompanying the first statement made as prescribed in section 2 of this act, every such corporation, company, or person shall furnish a detailed statement, verified in like manner as the statement mentioned in section 2 hereof, showing the amount of money actually 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. § 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements mentioned in sections 2 and 3 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 1, 2, and 3 of this act, shall be deemed guilty of a misdemeanor. Copy of statement to be filed. $5. Upon receiving the statements provided for in sections 2 and 3 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. § 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. §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 herein before designated, shall, upon the complaint of said board of supervisors, town council, board of aldermen, or other legislative body thereof, or of any waterrate payer, and upon conviction before any court of competent jurisdiction, shall forfeit the franchises and the waterworks 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. § 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 herein before specified, 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. § 9. This act shall take effect and be in force from and after the date of its passage. TITLE 557. ACT 4352. An act to provide for the joint investigation with the federal government of the water resources of the state, and to make an appropriation for the expenses of such investigations. [Approved March 11, 1907. Stats. 1907, p. 194.] Board of examiners to contract for topographic maps. Ascertaining methods of distributing water. § 1. The state board of examiners are hereby empowered to enter into contracts with the director of the United States Geological Survey for |