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cess of the rates established by the board of supervisors, the said board of supervisors shall cause the district attorney to commence an action in the superior court of the county, within thirty days from the receipt by them of such affidavit, to enforce the forfeiture of the franchise and waterworks of such person, company, or corporation.

Sec. 4. If the board of supervisors fail or neglect to fix the rates, as provided in section one of this act, or if the board of supervisors fail or neglect to commence the action provided for in section three of this act, as therein provided, any interested person may commence proceedings to compel the performance of such duties.

Sec. 5. No person, company, or corporation selling water for irrigation shall be permitted to exercise any control as to the use of the water after its delivery to the purchaser.

Sec. 6. This act shall take effect immediately.

Compare the act of 1885, 95, amended 1897, 49, 1901, 80, to regulate and control sale, rental, distribution, etc., of water, set forth in full, ante.

See art. XIV, Const. 1879, ante.

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 one of article fourteen of the Constitution, and prescribing penalties for the nonperformance of such duties.

[Approved March 7, 1881; Stats. 1881, p. 54.)

§ 1. Municipal corporations to fix water rates.
$ 2. Annual statements to be made by water companies, etc.
$ 3. Additional statement.
$ 4. Refusal to make statement a misdemeanor.
$ 5. Copy of statement to be filed.
§ 6. Rates to be equal.
§ 7. Excess in charging rates, forfeits, franchise, etc.
$ 8. Penalty to supervisors neglecting to enforce act.

Section 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.

Sec. 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 water-rate 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 supplving water during said time.

Sec. 3. Accompanying the first statement made as prescribed in section two of this act, every such corporation, company, or person shall furnish a detailed statement, verified in like manner as the statement mentioned in section two 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.

Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements mentioned in section two and three 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 one, two, and three of this act, shall be deemed guilty of a misdemeanor.

Sec. 5. Upon receiving the statements provided for in sections two and three 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.

Sec. 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.

Sec. 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 hereinbefore designated, shall, upon the complaint of said board of supervisors, town council, board of aldermen, or other legislative body thereof, or of any water-rate payer, and upon conviction before any court of competent jurisdiction, shall forfeit the franchises and waterworks of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used.

Sec. 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 hereinbefore 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.

Sec. 9. This act shall take effect and be in force from and after the date of its passage.

See art. XIV, Const. 1879, ante.

Annotation.

Section 8 of this act is unconstitutional, being in conflict with section 20 of article VI of the Constitution, which requires all prosecutions to be conducted in the name of "the People of the State of California," and by their authority, and no prosecution can be made by an interested party, or an individual. (Fitch v. Board of Supervisors, 122 Cal. 285, 54 Pac. 901.)

APPENDIX.

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