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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, com.. pany, association, or corporation to charge any person, corporation, or association anything for water furnished them when, by any present law, such water is free.

Excess in charging rates, forfeits franchise, etc. 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 herein before 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 water-works of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used.

Penalty to supervisors neglecting to enforce act.

Sec. 8. Any board of supervisors or other legis lative 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.

TITLE 305.

WATERS.

San Joaquin river. act to improve navigation of. [Stats. 1865-6, p. 536.]

San Joaquin river, act concerning survey of outlet of. [Stats. 1867-8, p. 91.]

An act declaring the San Joaquin river and the Stockton slough navigable from and to certain points herein named.

[Approved February 21, 1872; 1871-2, 117.] An act declaring a certain creek in Washington township, Alameda county, navigable. [Approved March 8, 1872; 1871-2, 307.]

An act to declare Lake Earl in Del Norte county navigable.

[Approved February 4, 1874; 1873-4, 59.]

An act declaring Alameda creek, in the county of Alameda, a navigable stream, and providing for the removal of obstructions therefrom. [Approved March 7, 1874; 1873-4, 308.]

An act declaring the Moro Cojo slough navigable. [Approved March 30, 1874; 1873-4, 790.] An act declaring Gallinas slough, or creek, in Marin county, navigable.

[Approved March 25, 1876; 1875-6, 485.1 An act declaring Sonoma river, in

county, navigable.

Sonoma

[Approved February 11, 1878; 1877-8, 72.] An act to declare Clear lake, in Lake county, navigable.

[Approved March 29, 1878; 1877-8, 630.] An act to declare Smith river, in Del Norte county, navigable.

[Approved March 30, 1878; 1877-8, 799.]

Alameda county, navigable streams in. [Stats. 1867-8, pp. 486, 680.]

Arroyo del Medo. act declaring Arroyo del Medo, in Santa Clara county, navigable. [Stats. 1852, p. 223.]

Arroyo del San Antonio (Keys creek), declared navigable. [Stats. 1860, p. 126; 1873-4, p. 564.] Cache creek, act granting right to open channel. [Stats. 1858, p. 303.]

Diablo creek, declared navigable. [Stats. 1858, p. 127.].

Feather river, act concerning survey of outlet of. [Stats. 1867-8, p. 91.]

Islais creek, declared navigable. [Stats. 1867-8, p. 356.]

Kings river, amending act for improvement of and erecting booms therein. [Stats. 1877-8, p. 961.]

Kings river, improvement of. [Stats. 1871-2, p. 422; 1875-6, p. 499.]

Little Truckee river, improvement of. [Stats. 1871-2, p. 70.]

Mad river, act to improve. [Stats. 1877-8, p. 788.]

Marin county, act declaring certain creeks navigable. [Stats. 1861, p. 469; 1869-70, p. 663.]

Mission creek, declared navigable. [Stats. 1854, p. 18.]

Mormon slough, widened. [Stats. 1871-2, p. 540.]

Navarro river, improvement of. [Stats. 1859, p. 325.]

Novato creek, declared navigable. [Stats. 1860, p. 257.]

Nueces creek, declared navigable. [Stats. 1858, p. 127.]

Petaluma creek, act concerning improvement of. [Stats. 1865-6, p. 487.]

Mokelumne river, act to improve navigation of. [Stats. 1863-4, p. 417.]

An act to declare the Mokelumne river navigable. [Approved April 3, 1880; 1880, 22 (Ban. ed. 115).]

An act to declare the Klamath river navigable. [Approved April 23, 1880; 1880, 136 (Ban. ed. 402).] Sacramento river, cleaning and deepening of. [Stats. 1865-6, p. 301.]

Sacramento river, act concerning survey of outlet of. [Stats. 1867-8, p. 91.]

Salinas river, declared navigable. [Stats. 1861, p. 49.]

San Antonio creek, act to improve navigation of. [Stats. 1859, p. 327.]

San Antonio creek, act providing for opening channel across bar at mouth of.

p. 162; 1861, p. 20.]

[Stats. 1860,

Stanislaus river, act to provide for improvement of. [Stats. 1867-8, p. 684.]

Walnut creek, act improving navigation of. [Stats. 1867-8, p. 484.]

Warm Springs creek,

[Stats. 1871-2, p. 307.]

declared navigable.

An act to provide for the location of tow-paths along the banks of navigable streams.

[Approved April 1, 1872; 1871-2, 940.]

Authority given.

Section 1. The board of supervisors of each county in the state may, when public convenience for the purpose of commerce requires it, cause to be located and opened a tow-path, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county.

Viewers.

Sec. 2. In order to locate and open such towpath, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the purpose of locating and opening public roads and highways.

Water frontage.

Sec. 3. The owner or owners of any land over which a tow-path shall be located and opened Gen. Laws-107.

shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce.

Fences.

Sec. 4. It shall not be necessary to construct or maintain fences on either side of any tow path so located, but the board of supervisors may make all necessary rules and regulations for the government and management of tow-paths, and may provide for the erection of gates thereon and for the full and complete protection of the prop erty through which the same passes.

Sec. 5. This act shall take effect from and after its passage.

An act to authorize the board of supervisors of the several counties in this state to grant franchises and privileges to corporations, associa tions, or individuals.

[Approved March 3, 1881; Stats. 1881, 25.]

Privileges to construct booms.

Section 1. The board of supervisors of any of the counties of this state are hereby authorized and empowered to grant the privilege of constructing booms for the purpose of holding logs and timber to companies, corporations, or individuals, and to prescribe the conditions on which the same shall be maintained, and the prices which may be charged for the use of the same.

Sec. 2. This act will be in force from and after its passage, provided that navigation shall not be interfered with thereby.

An act authorizing the boards of supervisors of the several counties of this state to declare innavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same.

[Approved March 7, 1889; Stats. 1889, p. 85.] Boards of supervisors may declare innavigable streams public highways for certain purposes. Section 1. Upon application of any individual,

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