SEC. 1.

ARTICLE XIV.

WATER AND WATER RIGHTS.

Subject to control of state.

2. Right to collect rates is a franchise.

Subject to control of state.

SECTION 1. The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the state, in the manner to be prescribed by law; provided, that the rates or compensation to be collected by any person, company, or corporation in this state for the use of water supplied to any city and county, or city, or town, or the inhabitants thereof, shall be fixed, annually, by the board of supervisors, or city and county, or city, or town council, or other governing body of such city and county, or city, or town, by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer. Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter. Any board or body failing to pass the necessary ordinances or resolutions fixing water rates, where necessary, within such time, shall be subject to peremptory process to compel action, at the suit of any party interested, and shall be liable to such further processes and penalties as the legislature may prescribe. Any person, company, or corporation collecting water rates in any city and county, or city, or town in this state, otherwise than as so established, shall forfeit the franchises and waterworks of such person, company, or corporation to the city and county, or city, or town, where the same are collected, for the public use.

53 Cal. 611; 56 Cal. 237, 596; 60 Cal. 169, 170, 175, 176, 177; 61 Cal. 4, 5, 9, 14, 25, 28, 30, 34, 37, 38, 41, 47, 50, 53; 62 Cal. 209, 232; 67 Cal. 121; 69 Cal. 309; 74 Cal. 573; 76 Cal. 370; 82 Cal. 302, 303, 331, 337; 90 Cal. 640; 98 Cal. 183; 100 Cal. 125, 130, 133, 138; 105 Cal. 91; 107 Cal. 225; 108 Cal. 90, 560; 112 Cal. 433; 118 Cal. 479, 563, 565, 579; 122 Cal. 286, 288; 129 Cal. 441, 442, 443, 444, 445, 449, 450, 451; 130 Cal. 123, 313; 139 Cal. 28, 434, 441, 442; 142 Cal. 287; 143 Cal. 252; 144 Cal. 593; 150 Cal. 89; 151 Cal. 57; 152 Cal. 588, 729; 2 Cal. App. 187, 413, 417.

Right to collect rates is a franchise.

SEC. 2. The right to collect rates or compensation for the use of waters supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and can not be exercised except by authority of and in the manner prescribed by law.

56 Cal. 596; 60 Cal. 170; 61 Cal. 3, 35, 37, 38, 47, 50; 62 Cal. 108, 209, 233, 234; 82 Cal. 304; 118 Cal. 579; 129 Cal. 441, 442, 450; 2 Cal. App. 600.

SECTION 1. The right of eminent domain is hereby declared to exist in the state to all frontages on the navigable waters of this state.

123 Cal. 320, 321; 148 Cal. 631.

Access to navigable waters.

SEC. 2. No individual, partnership, or corporation, claiming or possessing the frontage of tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this state, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this state shall be always attainable for the people thereof.

123 Cal. 321; 132 Cal. 106.

Tide lands.

SEC. 3. All tide lands within two miles of any incorporated city or town of this state, and fronting on the waters of any harbor, estuary, bay, or inlet, used for the purposes of navigation, shall be withheld from grant or sale to private persons, partnerships, or corporations.

123 Cal. 321; 152 Cal. 735; 153 Cal. 46.

ARTICLE XVII.

LAND AND HOMESTEAD EXEMPTION.

SEC. 2. Large land holdings discouraged.

Large land holdings discouraged.

SEC. 2. The holding of large tracts of land, uncultivated and unimproved, by individuals or corporations, is against the public interest, and should be discouraged by all means not inconsistent with the rights of private property.

88 Cal. 455; 96 Cal. 118; 111 Cal. 400; 1 Cal. App. 150; 3 Cal. App. 245.

ARTICLE XIX.

CHINESE.

SEC. 2. Corporations not to employ Chinese.

Corporations not to employ Chinese.

SEC. 2. No corporation now existing or hereafter formed under the laws of this state shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian. The legislature shall pass such laws as may be necessary to enforce this provision.

NOTE.-Sec. 2. The provisions of this section held to be in conflict with the treaty with China and with the fourteenth amendment to the constitution of the United States. See Ex parte Kuback, 85 Cal. 274; In re Parrott, 5 Pac. Coast Law Journal, 161. See note to Pen. C., secs. 178, 179, post.

CIVIL CODE.

PORTIONS RELATING TO PRIVATE CORPORATIONS.

ED. NOTE.-Certain sections of the codes amended, revised, added, or repealed by the legislature at the sessions of 1905 and 1907, as recommended by Hon. John F. Davis, commissioner for the revision and reform of the law, are followed by explanatory notes taken from the reports to the legislature by the assembly committee on revision and reform of laws, and revised by Mr. Davis during his term as such commissioner.

PRELIMINARY PROVISIONS.

SEC. 7.

Holidays.

14. Certain terms defined.

Holidays.

§ 7. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twelfth day of October to be known as "Discovery Day," the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public offices may be closed on holidays; provided, this shall not be construed to prevent or

invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons.

Amended February 19, 1909; stats. 1909, p. 23; in effect in sixty days.

Similar provisions: Pol. C. § 10; Code Civ. Proc. § 10.
See, also, "Holidays," statutes at large, Appendix.

Certain terms defined.

§ 14. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well as a natural person, county includes city and county; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose;" signature or subscription includes mark, when the person can not write, his name being written near it, by a person who writes his own name as a witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "property" includes property real and personal; 2. The words "real property" are coextensive with lands, tenements, and hereditaments;

3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt;

4. The word "month" means a calendar month, unless otherwise expressed;

5. The word "will" includes codicil;

6. The word "section" whenever hereinafter employed refers to a section of this code, unless some other code or statute is expressly mentioned.

Amended March 25, 1903; stats. 1903, p. 407.

Similar provisions: Pol. C. § 17; Code Civ. Proc. § 17; Pen. C. § 7.