Publication of notice. The clerk of the board of supervisors shall cause a notice of filing of such petition to be published at least two weeks in some newspaper of general circulation published in the county where said district was formed, and if any portion of such territory to be excluded lies within another county or counties, then such notice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places within said district, and in the case of posting of said notices one of said notices must be so posted on the land proposed to be excluded.

Personal notice to property owners. In addition to the notice by publication or posting, as above provided, he shall cause such notice to be mailed to each person owning property within said district, by United States mail, postage prepaid to the post office address of such land owner, if known, and if not known then to his last known address. Said notice shall be mailed at least ten days before the day set for such hearing. The notice shall state the filing of such petition, the names of the petitioners, a description of the land mentioned in said petition and the prayer of said petition, and it shall notify all persons interested in, or who may be affected by, the change of the boundaries of said district to appear at the office of said board at the time named in said notice, and show cause in writing, if any they have, why the change of the boundaries of said district as proposed in said petition should not be made. The time specified in the notice at which they shall be reequired to show cause shall be at a regular meeting of the board.

Hearing of petition. The board of supervisors at the time and place mentioned in the notice or at any time or times to which the said petition may be adjourned, shall proceed to hear the petition and all evidence or proofs that may or shall be introduced by or on behalf of the petitioner or petitioners and all objections to said bonds or petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence or proofs that may be introduced in support of such objection. Such evidence shall be taken down in shorthand and a record made thereof and filed with the board.

Assent of interested parties. The failure of any person interested in said district, other than the holders of legally issued warrants of said district, to show cause in writing why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land or any part thereof from said district; and the filing of such petition with said board as aforesaid shall be deemed taken as an assent by each and all of such petitioners to the exclusion from said district of the land mentioned in the petition or any part thereof.

Expense. The expenses of giving said notice and of the aforesaid proceeding, shall be paid by the person or persons filing such petition.

Board may deny petition. Or may grant. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fails to sustain said petition, or if the board deems it not for the best interests of the district that the land or some portion thereof mentioned in the petition should be excluded from said district, the board shall order that said petition be denied as to

such land; but if the board deems it for the best interest of the district that the land mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district show cause in writing why the said land or some portion thereof should not be excluded from the district, or if, having shown cause withdraws the same, or upon the hearing fails to establish such objections as he may have made, then it shall be the duty of the board forthwith to make an order that the lands described and mentioned in the petition, or some defined portion thereof, be excluded from said district;

Petition may be blocked by owners of ten per cent of acreage of district. provided, that if the holders of the legal title representing ten per cent of the total acreage embraced within the exterior boundaries of said district, as appears from the last assessment list made and placed in said district, or if none has been made, then as appears from the petition for the organization of the district or the supplemental petitions filed to include and exclude land from the district, file with the board of supervisors of said county written objections to the exclusion of such land from the district, it shall be the duty of said board of supervisors forthwith to deny said petition and refuse to exclude said land from the boundaries of said district.

Excluded land not released from outstanding liens. If there be outstanding bonds or assessments of the district at the time of the filing of said petition, or at any time prior to the final determination of said petition by the board of supervisors whether the same be due or not, in the event that the board determines that the said land or any portion thereof shall be excluded from the district, the same shall not be released from the lien herein before in this act provided, for said assessment charges, but the same shall remain in full force and effect. [New section enacted April 17, 1923. Stats. 1923, p. 30.]

§ 2012. Disincorporation of drainage district. Taxes for payment of indebtedness. Any drainage district organized under the provisions of this act may be disincorporated at any time by proceedings had in the following manner:

Whenever a petition praying for such disincorporation shall be presented to the trustees of said district, signed by a majority of the electors therein, they shall call an election in the same manner as elections for members of the board of trustees are called, and submit to the electors of said district the question of disincorporation. Said election shall be held in all respects in the same manner as regular elections of trustees of the district. If it appears that two-thirds of the electors voting at said election have voted in favor of disincorporation, the trustees shall cause such fact to be entered upon their minutes, and shall forward a copy of such entry to the board of supervisors of the county in which the district was formed, who shall file the same with their clerk, and from the date of such filing, said district shall be deemed disincorporated; provided, that if at the time of the dissolution, or disincorporation of said district, there be any outstanding bonded or other indebtedness of such district, then taxes for the payment of such bonded or other indebtedness shall be levied and collected the same as if such district has not been dissolved and disincorporated, but for all other purposes such district shall be deemed dissolved and disincorporated

from the time of the forwarding of said copy of such entry to said board of supervisors. [New section added May 21, 1917; Stats. 1917, p. 782.] § 21. In effect. This act shall take effect upon its passage.

This act is constitutional: Laguna etc. Dist. v. Chas. Martin Co., 144 Cal. 209, 77 Pac. 933. See Hagar v. Supervisors of Yolo County, 47 Cal. 222.

ACT 2201.

An act to promote the drainage of wet, swamp and overflowed lands and to promote the public health in the communities in which they lie. [Approved March 21, 1903. Stats. 1903, p. 354.]

Amended 1915, p. 359; repealed 1919, p. 731. See post, Act 2203,

sec. 27.

NOTE.-There was no mention of the repeal in the title of the repealing

act.

This act was not superseded in Los Angeles county by Los Angeles County Flood Control Act (Stats. 1915, p. 1502): Van de Water v. Pridham, 33 Cal. App. 252, 116 Pac. 1136. It is not invalid because of a repugnancy between §§ 8d and 8e: Idem.

ACT 2202.

An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced within such districts.

[Approved March 20, 1903. Stats. 1903, p. 291.]

Amended 1. 1909, p. 1061. 2. 1915, p. 1321. 3. 1921, p. 38. See Act of 1885, p. 204, ante, Act 2200 and Acts of 1919, p. 731, 1923, p. 196, post, Acts 2203, 2204.

and

§ 1.

§ 2.

§ 3.

Organization of drainage districts. Who can sign petition.
Petition to board of supervisors. Bond. Publication.
Hearing of petition.

§ 4.

§ 5.

Right to appeal from order of board. Remittitur.
District. Directors.

§ 6.

§ 7.

Election to determine proposed organization. Ballots.
Qualification of electors.

§ 8.

Declaration of organization.

§ 9.

Copy of order to be recorded.

§ 10.

Election may be contested.

§ 14. Powers and duties of board of directors.

§ 15. Change of boundaries.

§ 16. Condemnation proceedings.

§ 17. Biennial election of directors. Official bond. Vacancies, how filled.

$ 18. Organization after election. Term of office.

20. Duty of election board. Polls open. Form of ballot.

Statement of result.

Number of directors may be changed.
Title to property shall rest in district.
Provision for bond election. Ballots.

Drainage district bonds payable in ten series. Interest. De-
nomination. Coupons.

Sale of bonds.

Bonds shall be lien on property of district.

Assessment shall be submitted to people. Election. Ballots.
Refunding indebtedness.

§ 33.

Petition to fund indebtedness.

§ 34.

Special election. Ballots.

§ 35.

When payable.

§ 36.

Value of bonds.

§ 37.

Duty of county treasurer.

§ 38.

Bonds may be sold from time to time.

§ 39.

Exchange of bonds.

§ 40.

§ 41.

Directors shall furnish estimate of moneys needed.
When district is in more than one county.
Drainage district tax levy.

Duty of auditor.

General revenue laws govern.
What treasury shall be repository.
Name of funds.

§ 47. Treasurer's reports.

§ 48.

Redemption of bonds.

§ 49.

Bids for construction of work.

§ 50.

When claims shall be allowed.

§ 51.

Expenses.

§ 52.

Construction of works across streams, etc. Right of way.

Exclusion shall not operate to release from valid debts of dis-
trict.

"

§ 84. § 85.

Change to be recorded.

§ 86.

§ 87.

§ 82. Election to determine if boundaries shall be changed.

§ 83. Majority vote to prevail.

Evidence.

Guardian, executor or administrator may sign.
Order redividing district.

§ 1. Organization of drainage districts. Who can sign petition. Whenever fifty or a majority of the holders of title, or evidence of title as herein provided, to agricultural lands other than swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drainage of such lands, they may propose the organization of a drainage district under the provisions of this act, and when so organized, such district shall have the powers, rights and duties conferred, or which may be conferred by law, upon such drainage districts. The equalized county assessment-roll next preceding the presentation of a petition for the organization of a drainage district under the provisions of this act, shall be sufficient evidence of title for the purposes of this act; provided, that no person who has received or acquired title to land within such proposed district for the purpose of enabling him or her to join in such petition or to become an elector of said district, shall be allowed to sign such petition or to vote at any election to be held in such district under the provisions of this act. Such illegal signing, however, shall not invalidate such petition when there shall be found a sufficient number of other legal petitioners.

§ 2. Petition to board of supervisors. Bond. Publication. In order to propose the organization of a drainage district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district or the greater portion thereof, are situated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the costs in case such an organization will not be effected. The petition shall be presented at a regular meeting of said board of supervisors, and shall have been published for at least two weeks before such presentation, in some newspaper printed and published in the county where the petition is presented, together with a notice stating the date of the meeting of said board at which the petition will be presented; and if any portion of the proposed district lies within another county, or counties, then said peti