control, and it is hereby made his duty to deliver the same to the said board.

Sec. 14. The term "transportation companies" shall be deemed to mean and include:

1. All companies owning and operating railroads (other than street railroads) within this state;

2. All companies owning and operating steamships engaged in the transportation of freight or passengers from and to ports within this state;

3. All companies owning and operating steamboats used in transporting freight or passengers upon the rivers or inland waters of this state.

The word "company" as used in this act, shall be deemed to mean and include corporations, associations, partnerships, trustees, agents, assignees, and individuals. Whenever any railroad company owns and operates in connection with its road, and for the purpose of transporting its cars, freight, or passengers, any steamer or other water craft, such steamer or other water craft shall be deemed part of its said road. Whenever any steamship or steamboat company owns and operates any barge, canal boat, steamer, tug, ferryboat, or lighter, in connection with its ships or boats, the thing so owned and operated shall be deemed to be part of its main line.

Sec. 15. The salaries of the commissioners, secretary, bailiff, and all other officers and attaches in any manner employed by the board of commissioners, and all expenses of every kind created under this act, shall be paid out of any money in the general fund not otherwise appropriated, and the controller of state is hereby authorized and directed to draw his warrants from time to time for such purposes, and the state treasurer is hereby authorized and directed to pay the same.

Sec. 16. This act shall take effect immediately.

See sec. 22, art. VII, Const. 1879, ante.

Act Cited.

Moran v. Ross, 79 Cal. 164, 21 Pac. 547; Rea v. Wood, 105 Cal. 320, 38 Pac. 899; R. R. Commrs. v. Market St. Ry. Co., 132 Cal. 687, 64 Pac. 1065.

ARTICLE XXVII.

STREET RAILROADS.

An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby.

[Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 46.]

§ 1. Franchises beyond city limits.

§ 2. Provisions of Civil Code applicable.

Section 1. It shall be lawful for the council, trustees, or other governing body of any city or town owning public parks situated outside of said city or town, to grant franchises for the building and operation of railroads from any point in, or at the exterior boundary of such city or town, to, in, or through such park, in the same manner and to the same extent as it now has power to grant the same for street railroads within the limits of such city or town; provided, that in addition to all other condi tions, it shall be made a condition of such franchise that the fare of passengers on such road or roads shall never exceed five cents for a single trip.

Sec. 2. All railroads, except as otherwise provided in this act, authorized by this act to be so chartered shall be governed by the provisions of part four, title four, of the Civil Code of California, concerning street railroads and corporations, so far as the same shall be applicable thereto, and of all acts amendatory thereof. Also by the provisions of "An act providing for the sale of railroad and other franchises in municipalities and relative to granting of franchises," approved March twenty-third, eighteen hundred and ninety-three.

Sec. 3. This act shall take effect immediately.

An act to limit the time within which franchises or privileges for the construction, extension, or operation of street railroads may be granted by boards of supervisors of the several counties, and cities and counties of this state.

[Approved February 24, 1893; Stats. 1893, 29.]

§ 1. No franchise granted within certain time of election. § 2. Any franchise so granted is void.

Section 1. It shall be unlawful for the board of supervisors of any county or city and county, within the ninety days next preceding the date of holding a general election, and within the seventy days next immediately following, including the day of holding such general election, to authorize or pass any ordinance, order, or resolution granting to any person or persons, or association of persons, or corporation whatsoever, any privilege or franchise for the construction, extension, or operation of any street railroad, or extension of time for the construction or operation of any street railroad, over or upon any or part of any street, road, highway, squares, or park within the county or city and county.

Sec. 2. Any franchise or privilege granted, or attempted to be granted, in violation of, or contrary to, the provisions of this act shall be absolutely void and of no effect.

Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its passage.

An act to limit and fix the rates of fares on street railroads in cities and towns of more than one hundred thousand inhabitants.

[Approved January 1, 1878; Stats. 1877-78, 18.]

§ 1. Rate of street railway fare.

§ 2. Penalty for violation of act.

Section 1. No street railroad in any city or town of this state with more than one hundred thousand inhabitants shall be allowed to charge or collect a higher rate of fare than five cents

for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections.

Sec. 2. Every violation of the provisions of section one of this act shall subject the owner or owners of the street railroad violating the same to a forfeiture to the person so unlawfully charged, or paying more than is therein allowed to be charged, the sum of two hundred and fifty dollars for each and every instance when such unlawful charge is made or collected, to be recovered by suit in any court of competent jurisdiction; such causes of action shall be assignable, and the action may be maintained by the assignee in his own name, and several causes of action arising out of unlawful charges or collections from different persons may be vested in the assignee and united in the same action.

Sec. 3. This act shall be in force from its passage.

Compare in connection with this act the act of 1901, p. 265.

UNINCORPORATED SOCIETIES,

See ante, title "Co-operative Associations."'

ARTICLE XXVIII.

WATER COMPANIES.

An act to regulate and control 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 places of use.

[Approved March 12, 1885; Stats. 1885, 95; Stats. 1897, 49; Stats. 1901, 80.]

$ 1. Use of appropriated public water.

§ 2. Supervisors may fix rates.

§ 3. Petition for fixing rates.

§ 4. Hearing of petition-Value of waterworks.

9. Penalty for excessive charges.

§ 10. To sell to all persons.

§ 11. Condemning land for right of way. §11%. Contracts in existence, how affected.

Section 1. The use of all water now appropriated, or that may hereafter be appropriated, for irrigation, sale, rental, or distribution, is a public use, and the right to collect rates or compensation for use of such water, is a franchise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regulated and controlled in the counties of this state by the several boards of supervisors thereof, in the manner prescribed in this act.

Sec. 2. The several boards of supervisors of this state, on petition and notice as provided in section three of this act, are hereby authorized and required to fix and regulate the maximum rates at which any person, company, association, or corporation, having or to have appropriated water for sale, rental, or distribution in each of such counties, may and shall sell, rent, or distribute the same.

Sec. 3. Whenever a petition of not less than twenty-five inhabitants, who are taxpayers of any county of this state, shall, in writing, petition the board of supervisors thereof, to be filed with the clerk of said board, to regulate and control the rates and compensation to be collected by any person, company, association, or corporation, for the sale, rental, or distribution of any appropriated water, to any of the inhabitants of such county, and shall in such petition specify the persons, companies, associations, or corporations, or any one or more of them, whose water rates are therein petitioned to be regulated or controlled, the clerk of such board shall immediately cause such petition, together with a notice of the time and place of hearing thereof, to be published in one or more newspapers published in such county; and if no newspaper be published therein, then shall cause copies of such petition and notice to be posted in not less than three public places in such counties, and such publication and notice shall be for not less than four weeks next before the hearing of said petition by said board; such notice to be attached to said petition shall specify a day of the next regular term of the session of the said board not less than thirty days