declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor. Same.

Sec. 2. Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor.

Artesian well defined.

Sec. 3. An artesian well is defined, for the purposes of this act, to be any artificial well, the waters of which will flow continuously over the natural surface of the ground adjacent to such well at any season of the year.

Waste defined.

Sec. 4. Waste is defined, for the purpose of this act to be the causing, suffering, or permitting the waters flowing from such well to run into any river, creek, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the state of California, unless it be used thereon for the purposes and in the manner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so construed as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for ornamental ponds or fountains, or the propagation of fish.

Proceedings for misdemeanor.

Sec. 5. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any justice's court of the county in which such well is located, and shall, upon conviction, be fined for each offense not less than ten or more than fifty dollars. There shall also, upon conviction had, in addition to such fine, be taxed against such party the cost of presecution. Such fine and costs may be collected as in other criminal cases, and the justice may also issue an exe

cution upon the judgment therein rendered, and the same may be enforced and collecteu as in civil cases.

Duty of supervisors.

Sec. 6. It shall be the duty of the supervisors or road-masters, on complaint of any citizen within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute, or cause to be instituted, criminal action for all violations of the provisions of this act, or for all public offenses uefined in this act committed within such district.

Repeal.

Sec. 7. An act entitled "An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in Santa Clara and Los Angeles counties," approved March eighteenth, eighteen hundred and seventy-six, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed.

Sec. [8.] This act shall not apply to artesian wells in the county of San Bernardino.

Sec. 9. This act shall take effect and be in force on and after the first day of July, A. D. eighteen hundred and seventy-eight.

TITLE 15.

ATTORNEY GENERAL.

Acts relating to, see Political Code, Appendix, title Attorney General, p. 957.

TITLE 16.

AUDITORS.

Act relating to. see Political Code, Appendix, title, Auditors, p. 957.

An act creating a board of bank commissioners, and prescribing their duties and powers.

[Approved March 30, 1878; 1877-8, 740.] Commissioners appointed-Who qualified. Section 1. On or before the fifteenth day of May, A. D. eighteen hundred and seventy-eight, the governor shall appoint three competent persons, one of whom shall be an expert of accounts to be styled bank commissioners, who shall hold office for a period of four years, and until their successors are appointed and qualified, and no two commissioners to be appointed under this act shall be residents of the same county. The persons who are so appointed shall have no official connection with nor be in the employ of any saving bank, or bank, or banking company, or banking society, nor shall they, during their term of office, own or be interested in the stock or other property thereof. Said commissioners shall have their office in the city of San Francisco.

Official bonds.

Sec. 2. The bank commissioners, before entering upon the duties of their office, must each execute an official bond in the sum of twenty thousand dollars, and take the oath of office, all as prescribed by the Political Code for state officers in general.

License to transact business of a savings bank.

Sec. 3. The duties of the Bank Commissioners shall be to prepare and furnish to every savings bank, bank, and banking company, or any other corporation incorporated under the laws of this State, or of any other State or Territory, or foreign country, doing a banking business in this State, applying therefor, a license, in the form to be prescribed by them, authorizing such corporation to use the name and to transact the business of a savings bank, bank, or banking company, until the first day of July next thereafter; to receive and place on file in their office the reports requir

ed to be made by savings banks, banks, or banking corporations, by this Act; to prepare and furnish, on demand, to all persons, firms, partnerships, corporations, or officers required to make and return statements or reports to said Bank Commissioners by the provisions of this Act, blank forms for such statements or reports as may by law be required of them; to make, on or before the first day of October in each year, a report to the Governor of this State, containing a tabular statement and synopsis of the several reports which have been filed in their office since their last report, and any other proceedings had or done by them under this Act, showing generally the condition of the respective savings, commercial, and other banking corporations or institutions of this State, and such other matters as in their opinion may be of interest to the public, with a detailed statement, verified by their oaths, of all moneys and fees of office received by them during the same period. [Amendment approved March 26, 1895; Stats. 1895, chap. clxvii.]

Visit and examine banks.

Sec. 4. It shall be the duty of one or more of the Bank Commissioners, as designated by the Commissioners, once in each year, and as often as in their judgment may be deemed necessary, without previous notice, to visit and make, personally, a full examination of each and every corporation mentioned in section three of this Act: to inspect all books, papers, notes, bonds, or evidences of debt of such corporation, and all securities; to ascertain the condition of every such corporation, its solvency, its ability to fulfill its obligations, and, if in their opinion it is deemed necessary, report its condition to the Attorney-General as soon as practicable after such examination. [Amendment approved March 26, 1895; Stats. 1895, chap. clxvii.]

Power to examine officers.

Sec. 5. Such Commissioners must examine, under oath, any of the officers, agents, and servants of any such corporation, in relation to the affairs and condition of such corporation, and may administer such oath personally: and whoever shall neglect or refuse, after demand and notice thereof,

and without justifiable cause, to appear, or testify under oath, before the said Commissioners in the discharge of their duties, shall be deemed guilty of misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and im. prisonment. [Amendment approved March 26, 1895; Stats. 1895, chap. clxvii.]

Insolvent corporations-Commissioner to report.

Sec. 6. If any bank commissioner shall have knowledge of the insolvency or unsafe condition of any corporation mentioned in this act, and shall neglect to report the same, in writing, to the attorney-general, as required by this act, he shall on conviction thereof, be punished by a fine not exceeding ten thousand dollars nor less than five thousand dollars, or by imprisonment in the county jail not less than one year nor more than two years, or by both such fine and imprisonment, and his office shall be declared vacant by the governor, and a successor be appointed for the unexpired term.

Banks must procure license.

Sec. 7. No corporation shall use the name or transact the business of a savings bank, or bank, or banking corporation, without the license pro vided for by section three of this Act; and any corporation violating this provision shall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who enters upon, engages in, or carries on, or in any manner attends to the business or management of a savings bank, or bank, or banking corporation, doing business without such license, whether as manager, principal, agent, officer, employé, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such business; and any violation of this section is also hereby declared to be a misdemeanor. [Amendment approved March 26, 1895; Stats. 1895, chap. clxvii.] License received on what condition.

Sec. 8. No savings bank shall receive the license in this act provided for, unless at least fifty per cent of all its loans shall be secured by first mortGen. Laws-3