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be directed and delivered or sent by the Inspector to the Secretary of the Board of Commissioners, and the ballots shall be kept for at least six months; and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the Board to open the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted.

SEC. 9. No list, tally paper, or certificate returned from any election must be set aside or rejected for want of form, if it can be satisfactorily understood. The Board of Commissioners must meet at its usual place of meeting on the first Monday after each election, to canvass the returns. If, at the commistime of meeting, the returns from each precinct in the district sioners to in which the polls were opened have been received, the Board returns. must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all the returns are received, or until six postponements have been had. The canvass must be made in public, and by opening the returns and estimating the vote of the district or division, for each person voted for, and declaring the result thereof.

SEC. 10. The Secretary of the Board must, as soon as the secretary's result is declared, enter on the records of such Board a statement of such result, which statement must show :

First-The whole number of votes cast in the district.
SecondThe names of the persons voted for.
ThirdThe office to fill which each person was voted for.

Fourth-The number of votes given at each precinct to each of such persons.

FifthThe number of votes given in the district to each of such persons.

The Board must declare elected the person having the Certificates highest number of votes given for each office to be filled by of election. the votes of the district, or of a division thereof. The Secretary must immediately make out and deliver to such person a certificate of election, signed by him and authenticated with the seal of the Board. In case of a vacancy in the office Vacancies of Assessor, Tax Collector, Treasurer, or Commissioner, the how filled. Board must order a special election to fill such vacancy. Notice of such election must be given in the same manner as is provided for regular elections, and the officer so elected shall hold his office until the next regular election, and until his successor is elected and qualified.

SEC. 11. On the first Tuesday in June ensuing their elec- When Board tion the Commissioners shall meet and organize as a Board, elect a President from their number, and appoint a Secretary, The Board must manage and conduct the business and Powers and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers, and employés as may be required, and prescribe their duties, fix the rates of toll on the canal, the price of water for irrigation and other purposes, establish equitable by-laws, rules, [and] regulations for the distribution and use of water among owners of said lands, and generally perform all such acts as shall be

to organize.


Rules and regulations to be printed,


Right to en

land, water, etc.

necessary to fully carry out the objects and purposes of this Act. The said by-laws, rules, and regulations, rates of toll, and price of water for irrigation and other uses, must be printed in convenient form for distribution in the district;

provided, that the Commissioners elected at the first election Board to or- shall meet and organize as a Board, elect a President from ganizafter their number, and appoint a Secretary, within ten days after first election.

receiving their certificate of election. Monthly SEC. 12. The Board shall hold a regular monthly meet

ing, in their office, on the first Tuesday of each month. Three members of the Board shall constitute a quorum for business, but on all questions requiring a vote there shall be a concurrence of three members of said Board. All records of the Board shall be open to the inspection of any elector

during business hours. The Board shall have the right to ter on land. enter upon any land in the district to make surveys, and

may locate said canal and the necessary branches of the

same on any of said lands which may be deemed best for To acquire such location. It shall also have the right to acquire all

lands, waters, and other property necessary for the construction, use, supply, maintenance, repair, and improvement of said canal and works, including canals and works constructed and being constructed, lands for reservoir, tide or branch canals, wharves, docks, and basins, and other works necessary for the protection and accommodation of boats navigating the canal, and for ways for the discharge or use of surplus water, either by purchase or condemnation; and in case of purchase the bonds of the district, hereinafter

mentioned, may be used at their par value in payment; and tion of land in case of condemnation, the Board shall proceed under the

provisions of Title Seven of Part Three of the Code of Civil apply.


SEC. 13. The legal title to all property acquired under the hopertsted. provisions of this Act shall immediately, and by operation

of law, vest in the State of California, and shall be held by said State in trust for, and is hereby dedicated and set apart to the uses and purposes set forth in this Act. And said Board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. And said Board is fully authorized and empowered to use the name of the State of California in any action or proceeding, and to institute, carry on, and maintain, in the name of said Board, any action or proceeding which could be instituted, maintained, or carried on by said State in regard to said property; and in any such action or proceeding brought in the name of said Board of Commissioners, the same shall proceed and be determined, in all respects, as though said Board were the legal owner of said property;

provided, that in no case shall the State become liable for State not lia- any cost incurred in such actions. In no event shall the

State of California be liable or in any way responsible for any debt or liability incurred by the irrigation district herein provided for.

SEC. 14. The said Board is hereby authorized and empowered to take conveyances or other assurances for all property

Code to

Title to

Name of State, used in actions.

ble for debts of district.

Conveyances in name of State.

acquired by it under the provisions of this Act, in the name of the State of California, to and for the uses and purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper, in order to fully carry out the provisions of this Act, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this Act or acquired in pursuance thereof; and in all Courts, actions, suits, or Boari to proceedings, the said Board may sue, appear, and defend in maintain person, or by attorneys, and by the name and style of Board of Commissioners of the West Side Irrigation District.

SEC. 15. The Board may construct the necessary dams, Additional reservoirs, and works, to collect water for said district, and went of for the purposes specified in this Act; and one thousand sioners. cubic feet per second of the water of Tulare Lake, and fifty Water, cubic feet per second of the water of the San Joaquin River, district

. and as much more of the water of said San Joaquin River as may not at any time be otherwise appropriated, and the right to take, direct, and use the same for said purpose, is hereby granted, dedicated, and set apart, and said Board is hereby authorized to apply to the Congress of the United Congress reStates for a grant, and for the passage of a law confirming to quested to

grant rights, the State of California, for the purposes aforesaid, all the ete. rights, and privileges, and property mentioned in this Act; provided, however, that nothing in this Act contained shall be construed so as to interfere with any vested water right Vested already acquired by any person or persons, natural or arti- piele

protected. ficial, or any appropriations already made for any water of Tulare Lake or of the San Joaquin River.

SEC. 16. For the purpose of constructing said canal and commissionworks, and acquiring the necessary property and rights to issue therefor, and otherwise carrying out the provisions of this Act, the Board of Commissioners is hereby authorized to issue and sell the bonds of said district for an amount not exceeding the sum of four million dollars, payable in twenty Four million years, in gold coin of the United States, bearing interest at the rate of eight per cent. per annum, payable semi-annually, on the first day of January and July of each year. The prin- Bonds, cipal and interest shall be payable at the office of the Treasurer of the State of California. Said bonds shall each be payable in the sum of five hundred dollars, shall be signed by the President and Secretary, and the seal of the Board shall be affixed thereto. They shall be numbered consecutively as issued, and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the Secretary. Said bonds shall express on their face that they are issued by authority of this Act, stating its title and date of approval.

SEC. 17. The Secretary shall keep a record of the bonds State not sold, their number, the date of sale, the price received, and liable. the name of the purchaser; provided, that nothing in this Act shall be so construed as to render the State liable for the payment of said bonds. SEC. 18. The Board may sell said bonds from time to time, Sale of


where payable.


Notice of sale to be published.


in such quantities as may be necessary to raise money for the construction of said canal and works, the acquisition of said property and rights, and otherwise to fully to carry out the objects and purposes of this Act. Before making any sale the Board shall, at a meeting, by resolution declare its intention to sell a specified amount of the bonds, and the day, and hour, and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given by publication thereof, at least twenty days, in a daily newspaper published in each of the Cities of San Francisco, Sacramento, and Stockton, and in any other newspaper at their discretion. The notice shall state that sealed proposals will be received by the Board at their office, for the

purchase of the bonds, till the day and hour named in the Bonds to be resolution. At the time appointed the Board shall open the than ninety proposals, and award the purchase of the bonds to the highest per cent. responsible bidder, and may reject all bids. The Board may

sell bonds at not less than their par value, without notice as herein provided; provided, that no bonds shall be sold for a less sum than ninety cents on the dollar. The proceeds of

the sale of bonds, to be called the "Construction Fund," tion Fund. shall be deposited with and be safely kept with the Treasurer

of the State, and paid out only as hereinafter provided, but the State shall not be liable for the payment of any of said bonds, but the first five hundred thousand dollars of said bonds may be sold at a sum not less than seventy-five cents on the dollar.

Sec. 19. Said bonds and the interest thereon shall be paid by a revenue derived from an annual tax upon the property in the district, and all the property in the district shall be and remain liable to be taxed for such payment as hereinafter provided.

SEC. 20. The Assessor must, between the first Monday in when made. March and the first Monday in June, in each year, ascertain

the names of all taxable inhabitants and all property in the district subject to taxation, and must assess such property to

the persons who own, claim, have the possession or control Assessment thereof, at its full cash value. He must prepare an assess

ment book, with appropriate headings, in which must be listed all property within the district, in which must be specified, in separate columns, under the appropriate head; provided, that for the year eighteen hundred and seventy-six the Assessor shall have until the first Monday in July in which to make the assessment:

First—The name of the person to whom the property is assessed. If the name is not known to the Assessor, the property shall be assessed to “unknown owners.

Second-Land by township, range, section, or fractional section, and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, locality, and the improvements thereon.

Third-City and town lots, naming the city or town, and the number, block, according to the system of numbering in such city or town, and improvements thereon.

Tax to pay bonds.




Assessors salaries.

FourthAll personal property, showing the number, kind, amount, and quality ; but a failure to enumerate in detail such personal property does not invalidate the assessment.

FifthThe cash value of real estate, other than city or town lots.

Sixth-The cash value of improvements on such real estate.
Seventh-The cash value of city and town lots.

EighthThe cash value of improvements on city and town lots.

Ninth— The cash value of improvements on real estate assessed to persons other than the owners of the real estate.

TenthThe cash value of all personal property, exclusive of money,

Eleventh-Amount of money.
TwelfthThe total value of all property.

Thirteenth-The total value of all property after equalization by the Board of Commissioners.

Fourteenth-Such other things as the Board of Commissioners may require.

SEC. 21. The Board of Commissioners must allow the Deputy Assessor so many deputies, to be appointed by him, as will, in the judgment of the Board, enable him to complete the assessment within the time herein prescribed. The Board must fix the compensation of such deputies, which shall be paid out of the treasury of the district. The compensation must not exceed five dollars per day for each deputy, for the time actually engaged, nor must any allowance be made but for work done between the first Monday in March and the first Monday in August of each year.

SEC. 22. On or before the first Monday in August in each year the Assessor must complete his assessment book, and deliver it to the Secretary of the Board, who must immediately give notice thereof, and of the time the Board of Commissioners, acting as a Board of Equalization, will meet to equalize assessments, by publication in a newspaper pub- sis Beatorit lished in each of the counties comprising the district. The Equalizatime fixed for the meeting shall not be less than twenty nor Notice more than thirty days from the first publication of the thereof. notice; and, in the meantime, the assessment book must remain in the office of the Secretary for the inspection of all persons interested.

SEC. 23. Upon the day specified in the notice required by When Board the preceding section for the meeting, the Board of Commis- to meet. sioners, which is hereby constituted a Board of Equalization for that purpose, shall meet and continue in session from day to day, as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such objections to the valuation and assessment as may come before them; and the Board may change the valuation, as may be just. The Secretary of the Board shall be present during its sessions, and note all changes made in the valuation of property, and in the names of persons whose property is assessed, and within ten days after the close of the ses- secretary sion he shall have the total values, as finally equalized by to add up the Board, extended into columns, and added up.


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