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anaheim-gazette 1887-03-26

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ANAHEIM VOL. XVII. AN ACT To Provide for the Organization and Government of Irrigation Districts, and to Provide for the Acquisition of Water and other Property, and for the Distribution of Water thereby for Irrigation Purposes. [Approved March 7, 1887] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever fifty or a majority of freeholders owning lands susceptible of one mode of irrigation from a common source, and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation district under the provisions of this Act, and when so organized such district shall have the powers conferred or that may hereafter be conferred by law upon such irrigation districts. SEC. 2. A petition shall first be presented to the Board of Supervisors of the county in which the lands or the greatest portion thereof is situated, signed by the required number of freeholders of such proposed district, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may 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 bondsmen will pay all said cost in case said organization shall not be effected. Such petition shall be presented at a regular meeting of the said Board, and shall be published for at least two weeks before the time conducts in said proposed district, and define the boundaries thereof, which said precincts may thereafter be changed by the Board of Directors of such district. SEC. 4. An election shall be held in such district on the first Wednesday in April, eighteen hundred and eighty eight, and on the first Wednesday in April in each second year thereafter, at which an Assessor, a Collector and a Treasurer, and a Board of five Directors for the district shall be elected. The person receiving the highest number of votes for any office to be filled at such election, is elected thereto. Within ten days after receiving their certificates of election, hereinafter provided for, said officers shall take and subscribe the official oath and file the same in the office of the Board of Directors. The Assessor shall execute an official bond in the sum of ten thousand dollars, and the Collector an official bond in the sum of twenty thousand dollars, and the District Treasurer an official bond in the sum of fifty thousand dollars; each of said bonds to be approved by the Board of Directors; and each member of said Board of Directors shall execute an official bond in the sum of twenty-five thousand dollars, which said bonds shall be approved by the Judge of the Superior Court of said county where such organization was effected, and shall be recorded in the office of the County Recorder thereof, and filed with the Secretary of said Board. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. SEC. 5. Fifteen days before any election held under this Act, subsequent to the organization of any district, the Secretary of the Board of Directors shall cause notice to be posted in three public places in each elec- and responsible car-Inspector, to said Sec., shall be kept un- months, and if any p-that the vote of any correctly counted day appointed for the open and canvass th-recount of the vote claimed to have been. SEC. 9. No list, t-returned from any e- or rejected for want-if factorily understood-tors must meet at it- on the first Monday canvass the return-meeting, the returns-the district in which have been received, must then and there-returns, but if all th-received, canvass from day to day until been received, or un-have bign had. The in public and by oper- estimating the vote of person voted for, and thereof. SEC. 10. The Secret-Directors must, as so clared, enter in the re-statement of such re-must show: First—The whole n-the district. Second—The namefor. Third—The office t-son was voted for. which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may 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 bondsmen will pay all said cost in case said organization shall not be effected. Such petition shall be presented at a regular meeting of the said Board, and shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the said Board of Supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all; and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided that said Board shall not modify said boundaries so as to except from the operation of this Act any territory within the boundaries of the district proposed by said petitioners, which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district, nor shall any lands which will not, in the judgment of the said Board, be benefited by irrigation by said system be included within such district; proceeded that any person whose lands are susceptible of irrigation from the same source shall, upon application of the owner to said Board, be entitled to have such lands included in said district. Said Board shall also make an order dividing said district into five divisions, as nearly equal in size as may no practicable, which shall be numbered First, Second, Third, Fourth and Fifth and one Director shall be elected from each district. Said Board of Supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this Act. Such notice shall describe boundaries so established, and shall designate a name for such proposed district, and said notice shall be published for at least three weeks prior to such election in a newspaper published within said county; and it any portion of such proposed district he within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Such notice shall require the electors to cast ballots which shall contain the words, "Irrigation District—Yes;" or, "Irrigation District—No," or words equivalent thereto; and also the names of persons to be voted for to fill the various elective offices hereinafter prescribed. No person shall be entitled to vote at any election held under the provisions of this Act unless he shall possess all the qualifications required of electors under the general trie, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may 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 bondsmen will pay all said cost in case said organization shall not be effected. Such petition shall be presented at a regular meeting of the said Board, and shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the said Board of Supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all; and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided that said Board shall not modify said boundaries so as to except from the operation of this Act any territory within the boundaries of the district proposed by said petitioners, which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district, nor shall any lands which will not, in the judgment of the said Board, be benefited by irrigation by said system be included within such district; proceeded that any person whose lands are susceptible of irrigation from the same source shall, upon application of the owner to said Board, be entitled to have such lands included in said district. Said Board shall also make an order dividing said district into five divisions, as nearly equal in size as may no practicable, which shall be numbered First, Second, Third, Fourth and Fifth and one Director shall be elected from each district. Said Board of Supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this Act. Such notice shall describe boundaries so established, and shall designate a name for such proposed district, and said notice shall be published for at least three weeks prior to such election in a newspaper published within said county; and it any portion of such proposed district he within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Such notice shall require the electors to cast ballots which shall contain the words, "Irrigation District—Yes;" or, "Irrigation District—No," or words equivalent thereto; and also the names of persons to be voted for to fill the various elective offices hereinafter prescribed. No person shall be entitled to vote at any election held under the provisions of this Act unless he shall possess all the qualifications required of electors under the general trie, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may 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 bondsmen will pay all said cost in case said organization shall not be effected. Such petition shall be presented at a regular meeting of the said Board, and shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the said Board of Supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all; and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided that said Board shall not modify said boundaries so as to except from the operation of this Act any territory within the boundaries of the district proposed by said petitioners, which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district, nor shall any lands which will not, in the judgment of the said Board, be benefited by irrigation by said system be included within such district; proceeded that any person whose lands are susceptible of irrigation from the same source shall, upon application of the owner to said Board, be entitled to have such lands included in said district. Said Board shall also make an order dividing said district into five divisions, as nearly equal in size as may no practicable, which shall be numbered First, Second, Third, Fourth and Fifth and one Director shall be elected from each district. Said Board of Supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this Act. Such notice shall describe boundaries so established, and shall designate a name for such proposed district, and said notice shall be published for at least three weeks prior to such election in a newspaper published within said county; and it any portion of such proposed district he within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Such notice shall require the electors to cast ballots which shall contain the words, "Irrigation District—Yes;" or, "Irrigation District—No," or words equivalent thereto; and also the names of persons to be voted for to fill the various elective offices hereinafter prescribed. No person shall be entitled to vote at any election held under the provisions of this Act unless he shall possess all the qualifications required of electors under the general trie, which petitionshall set forth and particularly describethe proposed boundariesofsuchdistrict,andshallpraythatthesamemaybeorganizedundertheprovisionsofthisAct.ThepetitionersmustaccompanythepetitionwithagoodandsufficientbondtobeapprovedbytheJudgeoftheSuperiorCourtofsaidcountywheresuchorganizationwaseffected,andshallberecordedintheofficeoftheCountyRecorderthereof,andfiledwiththeSecretaryofsaidBoard.Allofficialbondshereprovidedforshallbeintheformprescribedbylawfortheofficialbondsofcountyoffices. SEC 5.Fifteen days before any electionheldunderthisAct.subsequenttotheorganizationofanydistrict,theSecretaryoftheBoardofDirectorsshallcausenoticetobepostedinthreepublicplacesineachelectionprecinct.ofthetimeandspaceholdingtheelection,andshallalsopostageneralnoticeofthesameintheofficeofsaidBoardWhichshallbeestablishedandkeptatsomefixedplacetobetdeterminedbysaidBoard,specifyingthepollingplacesofeachprecinct.Priortothetimeforpostingthenotices,theBoardmustappointforeachprecinctfromtheelectorsthereofoneInspectorandtwoJudgeswhoshallconstituteaBoardOfElectiontorsuchprecinct.IftheBoardfailtoappointaBoardOfElectionor,themembersappointeddo notattendattheopeningofthepollsonthemorningofelection,theelectorsoftheprecinctpresentatthathourmayappointtheBoard.orsupplytheplaceofanabsentmembertherefore.TheBoardofDirectorsmustinitsorderappointingtheBoardOfElectiondesignatethenooseorplacewithintheprecinctwheretheelectionmustbeheld. SEC 6.The InspectorisChairmanoftheElectionBoard,andmay: First-Administeralloathsrequiredinthenprogressofanelection. Second-AppointJudgesandClerksifduringtheprogressoftheelection,yanyJudgeorClerkceasetoact.AnymemberoftheBoardofElectionoranyclerkthereofmayadministerandcertifyoutlinesrequiredtobeadministeredduringtheprogressofanelection.TheBoardofElectionforeachprecinctmustbeforeopeningthepollsappointtwopersonstoactasclerksoftheelection.BeforeopeningthepollseachmemberoftheBoardandeachClerkmusttakeandsubscribeanothartotfaultilyperformthedutiesimposeduponthembylaw.Anyelectoroftheprogminayadministerandcertifysuchoutlawieswillcommenceas soonasthepollsareopened,andmaybecontinuedduringallthetimethepollsremainopened,andshallbeconductasednearlyaspracticableinaccordancewiththeprogminoyearsofthedailyassessmentofsuchownerswithinsaiddistricthassesseduponthedistlandownermayassistwholeoranyportiontouredhim. SEC 7.Votingmay commenceas soonasthepollsareopened,andmaybecontinuedduringallthetimethepollsremainopened,andshallbeconductasednearlyaspracticableinaccordancewiththeprogminoyearsofthedailyassessmentofsuchownerswithinsaiddistricthassesseduponthedistlandownermayassistwholeoranyportiontouredhim. SEC 10.TheSecretDirectoraustemialsonwastvotedfor. Fourth-ThenumbereachprecincttocethenDistrictwhichmustimmediatelymeetsuchpersona certificatyhumandauthenticitytheBoard.IncaseofficeofAuxssitor,TaxisvacancyshallbebytheBoardOfDirectancyminatureintheofficeofDirectors,thevacancypointmentbytheBoardthecountywheretheresituated.Anofficerprovidedshallholdinherequalelectionsforsaleshissuccessioniselectivedinceassesseduponthedistlandownermayassistwholeoranyportiontouredhim. SEC 11.Onthefirstfollowing theirDirectoraustemialsonwastvotedfordistributionintherelyexpresslyproportionatedrataffectonthebasisoftheraisedassessmentofsuchownerswithinsaiddistricthassesseduponthedistlandownermayassistwholeoranyportiontouredhim. SEC 12.TheBoardholdaregularmonitoroffice.onthefirstTuesdayandsuchspecialmeetingforthepropertrationalprincipledthatallspecies such proposed district lie within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Such notice shall require the electors to cast ballots which shall contain the words, "Irrigation District—Yes;" or "Irrigation District—No," or words equivalent thereto; and also the names of persons to be voted for to fill the various elective offices hereafter prescribed. No person shall be entitled to vote at any election held under the provisions of this Act unless he shall possess all the qualifications required of electors under the general election laws of this State. SEC 3. Such election shall be conducted in accordance with the general election laws of the State, provided that no particular form of ballot shall be required. The said Board of Supervisors shall meet on the second Monday next succeeding such election, and proceed to canvass the votes cast thereat; and if upon such canvass it appears that at least two thirds of all the votes cast are "Irrigation District—Yes," the said Board shall, by an order entered on their minutes, declare such territory duly organized as an irrigation district, under the name and style thereof designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. Said Board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the County Recorder of each county in which any portion of such lands are situated, and must also immediately forward a copy thereof to the Clerk of the Board of Supervisors of each of the counties in which any portion of the district may lie; and no Board of Supervisors of any county, including any portion of such district shall, after the date of the organization of such district, allow another district to be formed including any of the lands in such district, without the consent of the Board of Directors thereof; and from and after the date of such filing, the organization of such district shall be complete, and the officers thereof shall be entitled to enter immediately upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices respectively, until their successors are elected and qualified. For the purposes of the election above provided for, the said Board of Supervisors must establish a convenient number of election procedures. SEC 7. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open, and shall be conducted as nearly as practicable in accordance with the provisions of chapter nine of title two of part three of the Political Code of this State. As soon as the polls are closed, the Judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the Inspector or one of the Judges, who shall open them and read aloud the names of each person contained therein, and the office for which every such person is voted for. Each Clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the Inspector or Judge. The counting of votes shall be continued without adjournment until all have been counted. SEC 8. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the Clerk, Judge and the Inspector. One of said certificates, with the poll list and the tally paper to which it is attached, shall be retained by the Inspector, and preserved by him at least six months. The ballot shall be strung upon a cord or thread by the Inspector, during the counting thereof, in the order in which they are entered upon the tally list by the Clerks; and said ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the Inspector in the presence of the Judges and clarks, and indorseed "Election Returns of (naming the precinct) Precinct," and be directed to the Secretary of the Board of Directors, and shall be immediately delivered by the Inspector, or by some other safe closed. The provisions of the Political Code concerning the form of ballots to be used shall not apply to elections held under this Act. SEC 12. The Board hold a regular monthly office on the first Tuesday and such special meetings for the proper time provided by a majority order must be entered days' notice thereof must be given to each member order. The order must be transacted, and specified must be trained meeting. All meetings must be public, and three days' notice thereof must be a quorum for their necessity but on all questions there shall be a concurrence members of said Board Board shall be open to elector during business and its agents and summons right to enter upon any make surveys, and for any canal or canal branches for the same which may be deemed necessary. Said Board should acquire either by petition, all lands and water supply maintenance, or said canal or including canals and water being constructed by reservoirs, for their waters, and all necessary case of purchase, the hereinafter provided by their par value in pay condemnation, the Board name of the districts of title seven, of place Civil Procedure. Sect constructs necessary works for the collection district, and do any necessary to be done may be furnished to WEEKLY EIM GA ANAHEIM, CALIFORNIA: SATURDAY, MARCH 26. 1887. and responsible carrier designated by said Inspector, to said Secretary, and the ballots shall be kept unopened 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 of Directors to open and canvass the returns, and demand a recount of the vote of the precinct that it is claimed to have been incorrectly counted. SEC. 9. No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The Board of Directors must meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the Board of Directors 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 have been received, or until six postponements have begun had. The canvass must be made in public and by opening the returns and estimating the vote of the district, for each person voted for, and declaring the result thereof. SEC. 10. The Secretary of the Board of Directors must, as soon as the result is declared, enter in the records of such Board, a statement of such result, 'which statement must show: First—The whole number of votes cast in the district. Second—The names of the persons voted for. Third—The office to fill which each person was voted for. district for irrigation purposes. The use of all water required for the irrigation of lands of any districts formed under the provisions of this Act, together with the rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the provisions of this Act, is hereby declared to be a public use, subject to the regulation and control of the State, in the manner prescribed by law. SEC. 13. The legal title to all property acquired under the provisions of this Act shall immediately and by operation of law vest in such irrigation district, and shall be held by such district 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. SEC. 14. The said Board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this Act, in the name of such irrigation district, 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 Actor acquired in pursuance thereof. And in all Courts, actions, suits, or proceedings, the said Board may sue, appear, and defend, in person or by attorneys, and in the name of such irrigation district. SEC. 15. For the purpose of constructing necessary irrigating canals and works and acquiring the necessary property and rights highest responsible bidder, and may reject all bids; but said Board shall in no event sell any of the said bonds for less than ninety per cent of the face value thereof. SEC. 17. Said bonds and the interest thereon shall be paid by revenue derived from an annual assessment upon the real property of the district; and all the real property in the district shall be and remain liable to be assessed for such payments as hereinafter provided. SEC. 18. The Assessor must between the first Monday in March and the first Monday in June, in each year, assess all real property in the district, to the persons who own, claim, have possession or control thereof, at its full cash value. He must prepare an assessment book with appropriate headings, in which must be listed all such property within the district, in which must be specified, in separate columns, under the appropriate head: 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 and block according to the system of numbering in such city or town,and the improvements thereon. Fourth—The cash value of real estate, other than city or town lots. Fifth—The cash value of improvements on such real estate. The Secretary of the Board of Directors must, as soon as the result is declared, enter in the records of such Board, a statement of such result, 'which statement must show: First—The whole number of votes cast in the district. Second—The names of the persons voted for. Third—The office to fill which each person was voted for. Fourth—The number of votes given in each precinct to each of such persons. Fifth—The number of votes given in the district to each of such persons. The Board of Directors must declare elected the person having the highest number of votes given for each office to be titled by the vote of the district. 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 of Assessor, Tax Collector or Treasurer, the vacancy shall be filled by appointment by the Board of Directors. In case of a vacancy in the office of member of the Board of Directors, the vacancy shall be filled by appointment by the Board of Supervisors of the county where the office of such Board is situated. An officer appointed as above provided shall hold his office until the next regular election for said district, and his successor is elected and qualified. On the first Wednesday in May next following their election the Board of Directors shall meet and organize as a Board, elect a President from their number, and appoint a Secretary. The Board shall have the power, and it shall be their duty, to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, establish equitable by laws, rules, and regulations for the distribution and use of water among the owners of said lands, and generally to perform all such acts as shall be necessary to fully carry out the purposes of this Act. The said laws, rules and regulations must be printed in convenient form for distribution in the district. And it is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each land owner upon the basis of the ratio which the last assessment of such owner for district purposes within said district bears to the whole sum assessed upon the district; provided that any land owner may assign the right to the whole or any portion of the waters so apportioned to him. The Board of Directors shall hold a regular monthly meeting, in their office, on the first Tuesday in every month, and such special meetings as may be required for the proper transaction of business; provided that all special meetings must be 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 proceedings, the said Board may sue, appear, and defend, in person or by attorneys, and in the name of such irrigation district. SEC. 15. For the purpose of constructing necessary irrigating canals and works and acquiring the necessary property and rights therefor, and otherwise carrying out the provisions of this Act, the Board of Directors of any such district must, as soon after such district has been organized as may be practicable, estimate and determine the amount of money necessary to be raised, and shall immediately thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed by this Act, the question whether or not the bonds of said district shall be issued in the amount so determined. Notice of such election must be given by posting notice in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county, where the office of the Board of Directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, the amount of bonds proposed to be issued, and said election must be held and the result thereof determined and declared, in all respects as nearly as practicable, in conformity with the provisions of this Act governing the election of officers; provided that no informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Bonds—Yes," or "Bonds—No," or words equivalent thereto. If a majority of the votes cast are "Bonds—Yes," the Board of Directors shall immediately cause bonds in said amount to be issued; said bonds shall be payable in gold coin of the United States; installments as follows, to wit: At the expiration of eleven years not less than five per cent of said bonds; at the expiration of twelve years not less than six per cent; at the expiration of thirteen years not less than seven per cent; at the expiration of fourteen years not less than eight per cent; at the expiration of fifteen years not less than nine per cent; at the expiration of eighteen years not less than nineteen years not less than fifteen per cent; and for the twentieth year a percentage sufficient to pay off said bonds; and shall bear interest at the rate of six per cent per annum, payable semi-annually on the first day of January and July of each year. The principal 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 proceedings, the said Board may sue, appear, and defend, in person or by attorneys, and in the name of such irrigation district. SEC. 16. For the purpose of constructing necessary irrigating canals and works and acquiring the necessary property and rights therefor, and otherwise carrying out the provisions of this Act, the Board of Directors of any such district must, as soon after such district has been organized as may be practicable, estimate and determine the amount of money necessary to be raised,and shall immediately thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed by this Act,the question whether or not the bonds of said district shall be issued in the amount so determined. Notice of such election must be given by posting notice in three public places in each election precinct in said district for at least twenty days,and also by publication of such notice in some newspaper published in the countywheretheofficeoftheBoardofDirectorsofsuchdistrictisrequiredtobekeptonceawekefortatleastthreesuccessiveweeks.Suchnoticesmustspecifythetimeofholdingtheelection,theamountofbondsproposedtobeissued,andsaidelectionmustbeheldandtheresultthereofdeterminedanddeclaredinallrespectsasnearlyaspracticable.inconformitywiththeprovisionsofthesActgoverningtheelectionofficers;providedthatnointermalitiesinconductingsuchanelectionshallinvalidatethesameiftheelectionshallhavebeenotherwisefairlyconducted.Atsuchelectiontheballotsshallcontainthewords"Bonds—Yes,"or"Bonds—No,"orwordsequivalentthereto.Imajorythevotescastare"Bonds—Yes,"theBoardofDirectorsshallimmediatelycausebondsinsaidamounttobeissued;saidbondsshallbepayableingoldcoinoftheUnitedStatesinstallmentsasfollows,towit:Attheexpirationofelevenyearsnotlessthanfivepercentofsaidbonds;attheexpirationoftwelveyearsnotlessthansixpercent;attheexpirationofthirteenyearsnotlessthansevenpercent;attheexpirationoffourteenyearsnotlessthaneightpercent;attheexpirationoffifteenyearsnotlessthantenpercent;attheexpirationofeighteenyearsnotlessthanthirteenpercent;attheexpirationofnineteenyearsnotlessthanfifteenpercent;andforthetaxtentythyearapercentagesufficienttopayoffsaidbonds;andshallBearinterestattherateofsixpercentperannum,payablesemianallyonthefirstdayofJanuaryandJulyofeachyear.Theprincipalandtoinstituteandmaintainanyandallactionsandproceedings,suitsatlaworin Equity,NecessaryorProperinOrdertofullycarryouttheprovisionsofthisAct,theexpirationoftwelveyearsnotlessthansixpercent;attheexpirationofthirteenyearsnotlessthansevenpercent;attheexpirationoffourteenyearsnotlessthaneightpercent;attheexpirationoffifteenyearsnotlessthantenpercent;attheexpirationofeighteenyearsnotlessthanthirteenpercent;attheexpirationofnineteenyearsnotlessthanfifteenpercent;andforthetaxtentythyearapercentageSufficienttopayoffsaidbonds;andshallBearinterestattherateofsixpercentperannum,payablesemianallyonthefirstdayofJanuaryandJulyofeachyear.Theprincipalandtoinstituteandmaintainanyandallactionsandproceedings,suitsatlaworinEquity,NecessaryorProperinOrdertofullycarryouttheprovisionsofthisAct,theexpirationoftwelveyearsnotlessthansixpercent;attheexpirationofthirteenyearsnotlessthansevenpercent;attheexpirationoffourteenyearsnotlessthaneightpercent;attheexpirationoffifteenyearsnotlessthantenpercent;attheexpirationofeighteenyearsnotlessthanthirteenpercent;attheexpirationofnineteenyearsnotlessthanfifteenpercent;andforthetaxtentythyearapercentageSufficienttopayoffsaidbonds;andshallBearinterestattherateofsixpercentperannum,payablesemianiallyonthefirstdayofJanuaryandJulyofeachyear.Theprincipalandtoinstituteandmaintainanyandallactionsandproceedings,suitsatlaworinEquity,NecessaryorProperinOrdertofullycarryouttheprovisionsofthisAct,theexpirationoftwelveyearsnotlessthansixpercent;attheexpirationofthirteenyearsnotlessthansevenpercent;attheexpirationoffourteenyearsnotlessthaneightpercent;attheexpirationoffifteenyearsnotlessthantenpercent;attheexpirationofeighteenyearsnotlessthanthirteenpercent;attheexpirationofnineteenyearsnotlessthanfifteenpercent;andforthetaxtentythyearapercentageSufficienttopayoffsaidbonds;andshallBearinterestattherateofsixpercentperannum,payablesemianiallyonthefirstdayofJanuaryandJulyofeachyear.Theprincipalandtoinstituteandmaintainanyandallactions和proceedings,suitsatlaworinEquity,NecessaryorProperinOrdertofullycarryouttheprovisionsofthisAct,theexpirationoftwelveyearsnotlessthankyouareadmittedbytheboardofDirectorsonreasonsforrecommendationarealwaysagreecablythoughsurelyprogressiveneverabruptandviolent.Onthisaccountitisadmirablyadaptedtopersonsofdelicateconstitutionandweaknerves,towhomothemousfuleraldenshipsarepositivelyinjuriousThatitinitiates those processes which result in re-establishmentofhealthful vigoris apportioned ratably to each land owner upon the basis of the ratio which the last assessment of such owner for district purposes within said district bears to the whole sum assessed upon the district; provided that any land owner may assign the right to the whole or any portion of the waters so apportioned to him. Sec. 12. The Board of Directors shall hold a regular monthly meeting, in their office, on the first Tuesday in every month, and such special meetings as may be required for the proper transaction of business; proclaimed, that all special meetings must be ordered by a majority of the Board; the order must be entered of record, and five days' notice thereof must, by the Secretary, be given to each member not joining in the order. The order must specify the business to be transacted, and none other than that specified must be transacted at such special meeting. All meetings of the Board must be public, and three members shall constitute a quorum for the transaction of business, but on all questions requiring a vote, there shall be a concurrence of at least three members of said Board. All records of the Board shall be open to the inspection of any elector during business hours. The Board, and its agents and employees, shall have the right to enter upon any land in the district to make surveys, and may locate the line for any canal or canals, and the necessary branches for the same, on any of said lands which may be deemed best for such location. Said Board shall also have the right to acquire, either by purchase or condemnation, all lands and waters, and other property necessary for the construction, use, supply, maintenance, repair and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs, for the storage of needful waters, and all necessary appurtenances. In case of purchase, the bonds of the district, hereinafter provided for, may be used at their par value in payment; and in case of condemnation, the Board shall proceed, in the name of the district, under the provisions of title seven, of part three, of the Code of Civil Procedure. Said Board may also construct the necessary dams, reservoirs and works for the collection of water for said district, and do any and every lawful act necessary to be done, that sufficient water may be furnished to each land owner in said A Genial Restorative. Hostetter's Stomach Bitters are emphaticly a gemal restorative. The change which this great botanic remedy produces in the disordered organization are always agreeably, though surely progressive, never abrupt and violent. On this account it is admirably adapted to persons of delicate constitution and weak nerves, to whom the powerful mineral drugs are positively injurious. That it initiates these processes which result in the re-establishment of healthful vigor is conspicuously shown in cases where it is taken to overcome that frustulous cause of debility, indigestion, coupled as it usually is, with biliousness and constipation. Thorough digestion, regular evacuation and abundant secretion, are results which promptly and invariably attend its systematic use. It is besides, the best protective against malaria, and a first rate diuretic. The banking capital of Canada is $61,-258,735. The returns for January show an increase of $5,000,000 in deposits by the people. California Cat "R" Cure. Guaranteed a positive cure for Catarrh, Cold in the Head, Hay Fever, Rose Cold, Catarrhal Deafness and Sore Eyes. Restores the sense of taste and smell, removes bad taste and unpleasant breath, resulting from Catarrh. Easy and pleasant to use. Follow directions and a cure is warranted by A. Krug. driggist. M. A. Newmark & Co., Wholesale Depot, Los Angeles. Woeful stories of distress, semi-starvation and death continue to be received from the western and northern districts of Nova Scotia. When Baby was sick we gave her Castoria. When she was a Child she cried for Castoria. When she became Miss she clung to Castoria. When she had Children she gave them Castoria. GAZETTE. 26. 1887. NO. 25 J. M. BULLARD, A. R., M. D. PHYSICIAN AND SURGEON. Office and Drug Store On Los Angeles street, a gift of Planters' Hotel. OFFICE HOURS: 8 to 9:20 a.m.; 1 to 2, and 6:30 to 7:30 p.m. J. B. R. POWELL, M. D. Late Virginia for Balt. & Ohio R. R. Given special attention to obstetrics, also diseases of women and children. Office and residence over Langenberger's grocery store. Office Hours—3 to 9 a.m., 12 to 1:45 to 8 p.m. D. E. L. COWAN, DENTIST. Will be in his Anaheim office on Thursday, Friday and Saturday of each week. RICHARD MELROSE, ATTORNEY-AT-LAW. "GAZETTE" Office, ANAHEIM. G. D. FIELD, ATTORNEY-AT-LAW. ANAHEIM GRIPPIN JOHNSON—B. A. YORBA—[SHELDON BORDER] JOHNSON, BORDEN & YORBA. ATTORNEYS-AT-LAW AND EXAMINERS OF TITLES. Rooms 7 and 8 Jones Block, No 75 N Spring St, Los Angeles, Cal. Refer to John Hanna. H. C. KEELOGG, CARL W. HICKER, SEED MERCHANT: Dealer in GRAIN, MILL-FEED, POTATOES AND ONIONS. No. 5, R. Minn street, Los Angeles nov 12-sun Telephone No. 197 A. T. WALLOP, GROCERY AND FEED STORE Cor Center and Los Angeles site CHARLES PAMPERL, Dealer in HAEDWARE, CROCKERY, and HOUSE-PURNISHING GOODS Anahaim... WILLE & ALBRECHT, Proprietors of the old PIONEER COOPERAGE Auguste street ANAHEIM COOPERAGE. A large quantity of ATTORNEY-AT-LAW. ANAHEIM GRIFIN JOHNSON—B A YORE—(SHELDON BORDER) JOHNSON, BORDEN & YORBA, ATTORNEYS-AT-LAW AND EXAMINERS OF TITLES. Rooms 7 and 8 Jones Block, No 75 N Spring St Los Angeles, Cal. Refer to John Hanna. H. C. KEELOGG, CIVIL ENGINEER & SURVEYOR. (DEPUTY COUNTY SURVEYOR) OFFICE—In Room 2, over Langenberger's store, cor. Center and Lemon streets, Anaheim. V. J. ROWAN, SURVEYOR. Formerly of the City Surveyor's office. OfficeRoom 2, Moore Block, opposite Courthouse, Los Angles, Cal. Box 1129. Subdivision of Lands into Towns or Colonies a speciality. Correspondence solicited. JOHN C. PELTON, Jr. ARCHITECT. Wilson Block, No 14 W First Street, bet. Spring and Main, LOS ANGELES, Cal. Room 3. GUNNING & HUNT, ARCHITECTS AND BUILDERS, Philadelphia St. ANAHEIM. Everything in our line attended to with neatness and dispatch. WM. R. HARKER, SADDLE AND HARNESS MAKER, Center street ...ANAHEIM, FRED CHRIST, MERCHANT TAILOR. Anaheim Hotel Building... Anaheim, Cal. Always on hand a full line of the finest imported goods. A perfect fit guaranteed. The patronage of the public respectfully solicited. L. GUNTHER, PIONEER BOOT & SHOE MAKER. Cor. Adele and Los Angeles sts...ANAHEIM GEORGE BAUER, BOOT AND SHOE MAKER. Center street... Anaheim. Making and repairing at the lowest cash price. All orders promptly attended to. All work guaranteed. FURNITURE Direct from Eastern Factories. LATEST STYLES At prices lower than in Los Angeles CALL AND EXAMINE For yourself... F & J BACKS WILLE & ALBRECHT. Proprietors of the old PIONEER COOPERAGE Augiste street ...ANAHEIM COOPERAGE. A large quantity of BARRELS, HALF BARRELS, FIVE & TEN-GALLON KEGS For sale cheap Apply to B. DREYFUS & CO. F. & J BACKS, Importers, manufacturers and dealers in FURNITURE, BEDDING UNDERTAKERS AGENTS For the Howe, Eldridge and Victor Sewing machine Los Angeles street ...ANAHEIM. B. DREYFUS & CO. Growers and Dealers in CALIFORNIA WINES AND GRAPE BRANDY 630 to 642 Brannan street, San Francisco 45 Broadway, New York. Ostrich Farm NOTICE. On and after October 7th, 1800, th above farm will be open to visitors daily. Admission Fee: 50 cents each person. No more free list. All must pay. Unter no circumstances will ANY ONE be allowed free admission. All dogs found on the farm will be destroyed. Trespassers will be promptly prosecuted. K J NORTHAM, Manager California Ostrich Farming Company. J. BENNERSCHEIDT; Center street, Anaheim: TINSMITH AND DEALER: In all kinds of Tinware, Stoves, Lead and Iron Pipe, Pumps, Ete. Agents for the FURNITURE Direct from Eastern Factories. LATEST STYLES At prices lower than in Los Angeles CALL AND EXAMINE For yourself S. A. DENNIS, CARRIAGE & SIGN PAINTER, Offers as references the numerous wagons and signs painted by him in Anaheim. PRICES REASONABLE. The patronage of the public respectfully solicited. Center street ... ANAHEIM. PHILLIPS' POPULAR PLEASURE PARTIES Going East leave Los Angeles February 10 and 24, and March 10 and 31, 1887. Call on or address A. PHILLIPS & CO., 134 North Main st., Los Angeles ANAHEIM LODGE, NO. 207, F & A M. Hold regular meetings on the Monday of or preceding the full moon in each month. Sojourning brethren in good standing are cordially invited to attend. THEO. REISEB. W. M. J. S. GARDINER, Secretaire. KEITH & HENDRICKS, Real Estate Agents LOANS NEGOTIATED. Collections Made and Promptly Returned: We make a Specialty of selling Orange and Vineyard Lands Improved and Unimproved: All Business Intrusted to us Will Receive Prompt Attention: ANAHEIM.