Statement of the Case. 1891, Laws of 1891, page 142, so as to read as in that act set forth. Sections 5, 6, 7, 8 and 9 stand as originally enacted. Section 10 was amended by the act of February 16, 1889, Laws of 1889, page 15, so as to read as in that act set forth. Sections 11 and 12 were amended by the said act of March 20, 1891, so as to read as in that act set forth. Sections 13 and 14 stand as originally enacted. Section 15 was amended by another act of March 20, 1891, Laws of 1891, page 147, so as to read as in that act set forth. Section 16 remains as originally enacted. Section 17 was amended by the act of March 11, 1893, Laws of 1893, page 175, so as to read as in that act set forth. Section 18 was amended by the act of March 21, 1891, Laws of 1891, page 244, so as to read as in that act set forth. Sections 19, 20 and 21 remain as originally enacted. Section 22 has been twice amended: (1) by the said act of February 16, 1889, Laws of 1889, page 15: (2) by the said act of March 20, 1891, Laws of 1891 page 147. It now stands as so amended in 1891. Section 23 was amended by said act of March 20, 1891, Laws of 1891, page 147. It now reads as in that act set forth. Sections 24, 25 and 26 were amended by the act of March 21, 1891, Laws of 1891, page 244. They now read as in that act set forth. Section 27 of said act was amended by the act of February 16, 1889, Laws of 1889, page 15. It now reads as so amended. Sections 28, 29, 30, 31, 32, 33 and 34 stand as originally enacted. Section 35 was amended by said act of March 20, 1891, Laws of 1891, page 142. It now reads as so amended. Sections 36, 37, 38, 39, 40 and 41 stand as originally enacted. Section 42 was amended by the act of March 20, 1891, Laws of 1891, page 142. It now reads as so amended. Sections 43, 44, 45, 46 and 47 have not been changed. Statement of the Case. The material sections of the act, as amended by the other acts just stated, are set forth in the margin herein.1 The legislature also passed two acts, approved February 16, 1889, called, respectively, the "Inclusion" and the "Exclusion" act, by which means were provided, in the first 66 1 SEC. 1. Whenever fifty, or a majority of the holders of title or evidence of title, to 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. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district, under the provisions of this act, shall be sufficient evidence of title for the purposes of this act. "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 holders of title, or evidence of title, of such proposed district, evidenced as above provided, which petition shall set forth and particularly describe the proposed boundaries of such dis-· trict, 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 the said costs 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; and if any portion of such proposed district lie within another county or counties, then said petition and notice shall be published in a newspaper published in each of said counties. 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 an; 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: Prorided, 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: Provided, That any person whose lands are susceptible of irrigation from the same source may, in the discretion of the board, upon application of the owner to said board, have such Statement of the Case. named act, for including lands within an irrigation district which had not been included in the petition when first presented to the board of supervisors; and in the second named act, for excluding from a district already formed some portion of the land which then formed part of such district. An 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 be practicable, which shall be numbered first, second, third, fourth and fifth, and one director, who shall be a freeholder in the division and an elector and resident of the district, shall be elected by each division: Provided, That if a majority of the holders of title, or evidence of title, evidenced as above provided, petition for the formation of a district, the board of supervisors may, if so requested in the petition, order that there may be either three or five directors, as said board may order, for such district, and that they may be elected by the district at large. 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 the 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 if any portion of 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 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 election laws of this State. "SEC. 3. Such election shall be conducted as nearly as practicable in accordance with the general laws of this 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 appear that at least two-thirds of all the votes cast are Irrigation District — Yes,' the said board shall, by an order entered on its minutes, declare such territory duly organized as an irrigation district, under the name and style theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. And no action shall be commenced or maintained, or defence made, affecting the validity of the organization, unless the same shall have been commenced or made within two years after the making and entering of said order. 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 Statement of the Case. examination of those acts does not become material in this case. The plaintiff, Mrs. Bradley, is the owner of certain real estate described in complainants' bill, which is included within 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 precincts in said proposed district, and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district. In any district the board of directors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title or evidence of title of said district, evidenced as above provided, order that on and after the next ensuing general election for the district there shall be either three or five directors, as said board may order, and that they shall be elected by the district at large, or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected." (Sections 4 to 10, inclusive, provide for the election of officers of the company and for their giving bonds, and are not material here.) "SEC. 11. On the first Tuesday in March 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, who shall each hold office during the pleasure of the board. 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 employés 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 by-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. Statement of the Case. the lines of the irrigation district. The bill sets forth the various steps taken under the irrigation act for the purpose of forming the irrigation district, and it alleges the taking of SEC. 12. The board of directors shall hold a regular monthly niceting 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 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 employés shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works and the line for any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase or condemnation or other legal means, all lands and waters and water rights, and other property necessary for the construction, use, supply, maintenance, repair and improvements 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 district for irrigation purposes. The use of all water required for the irrigation of the lands of any district 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." (Sections 13 and 14 are not material.) "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, and whenever thereafter the construction fund has |