proceed to condemn the lands and premises necessary to such right of way, under the provisions of title VII of part III of the Code of Civil Procedure of this state, and amendments made and to be made thereto, and all the provisions of said code, so far as the same can be made applicable, relating to the condemnation and taking of property for public uses, shall be applicable to the provisions of this act. Contracts in existence, how affected. SEC. 112. Nothing in this act contained shall be construed to prohibit or invalidate any contract already made, or which shall hereafter be made, by or with any of the persons, companies, associations, or corporations described in section two of this act, relating to the sale, rental, or distribution of water, or to the sale or rental of easements and servitudes of the right to the flow and use of water; nor to prohibit or interfere with the vesting of rights under any such contract. [Section 11% added March 2, 1897; stats. 1897, p. 49.] Time act shall take effect. SEC. 12. This act shall take effect and be in force from and after its passage. NOTE. For decisions concerning above act see Osborne vs. San Diego, etc., County, 178 U. S. p. 22, and Fellows vs. Los Angeles, 151 Cal. p. 52; see, also, 152 Cal. p. 730; XXXVII Cal. Dec. 73; VI Cal. App. Dec. 648-651. An act declaring upon what terms contracts between persons, companies, associations, or corporations furnishing water for irrigation to the consumers of such water shall be valid, and to provide that such contracts shall be deemed based upon sufficient consideration. Approved March 16, 1901; stats. 1901, p. 331. The people of the State of California, represented in senate and assembly, do enact as follows: Contracts between persons or corporations furnishing water for irrigation. SECTION 1. It is and shall be lawful for any person, company, association, or corporation, furnishing for sale, rental, or distribution any appropriated waters for purpose of irrigation, to enter into contracts with individual consumers of such water or with bodies of such consumers, relating to the sale, rental, or distribution of such water, or any thereof, which contracts, subject to the restrictions hereinafter declared, shall be valid to all intents and purposes, any law or rule to the contrary notwithstanding. Contracts must not provide for rate exceeding established rates. SEC. 2. No such contract shall provide for the sale, rental, or distribution of any such water at any rate exceeding the established rates fixed and regulated therefor by the board of supervisors of the proper counties, or fixed and established by such person, company, association, or corporation, as provided by law. What is a valuable and sufficient consideration. SEC. 3. Nothing in this act contained shall be construed to authorize or make valid any contract not made for a valuable consideration; but an agreement on the part of such person, company, association, or corporation to sell, rent, or distribute any water to a consumer, without payment in advance therefor, or upon any other terms to which such consumer is not otherwise lawfully entitled, shall be deemed and taken to be a valuable and sufficient consideration for such contract. Prior contracts not affected. SEC. 4. Nothing in this act contained shall affect any contract made prior to the time that the board of supervisors fix and establish the rates and regulations for and under which water shall be sold and supplied. Time act shall take effect. SEC. 5. This act shall take effect and be in force from and after its passage. An act to provide for the recordation of contracts and subscription agreements to stock in water users' associations, organized in conformity with an act of congress, approved June 17, 1902, and to regulate recorders' fees for filing, recording and indexing same. Approved March 20, 1907; stats. 1907, p. 749. The people of the State of California, represented in senate and assembly, do enact as follows: County recorders to accept certain books of water users' asso ciations. SECTION 1. All county recorders in this state are hereby authorized and directed to accept from any incorporated water users' association, organized under the laws of the State of California for the purpose of securing the benefits of an act of congress approved June 17, 1902, known as the "Reclamation Act," books containing printed copies of agreements with the United States, or with such water users' association, in relation to the lands affected by the projects provided for by said act, and copies of blank forms of subscription agreements to the capital stock of such water users' associations, or the transfer thereof, or other documents necessary to be recorded by such associations and to use such form books or such form blanks for the purpose of recording the same; and recorders shall charge for filing, recording and indexing such documents, papers, writings or contracts the sum of twenty-five cents for each document. Time act shall take effect. SEC. 2. This act shall take effect immediately. CORPORATION LEGISLATION ENACTED PRIOR TO ESTABLISHMENT OF THE CODES, AND PROVISIONS OF CIVIL CODE FOR REPEAL OF EXISTING STATUTES. SEC. 2. An act to establish a Civil Code. Approved March 21, 1872. When this code takes effect. 20. Effect of repeal. 288. Existing corporations not affected. When this code takes effect. SEC. 2. This code takes effect at twelve o'clock noon on the first day of January, eighteen hundred and seventy-three. Effect of repeal. SEC. 20. No statute, law, or rule is continued in force because it is consistent with the provisions of this code on the same subject; but in all cases provided for by this code, all statutes, laws, and rules heretofore in force in this state, whether consistent or not with the provisions of this code, unless expressly continued in force by it, are repealed or abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this code provided. Similar provisions: See Pol. C. § 18 and Code Civ. Proc. § 18. Existing corporations not affected. SEC. 288. No corporation formed or existing before twelve o'clock noon, of the day upon which this code takes effect, is affected by the provisions of part IV of division first of this code, unless such corporation elects to continue its existence under it as provided in section 287; but the laws under which such corporations were formed and exist are applicable to all such corporations, and are repealed, subject to the provisions of this section. NOTE. § 288. In the case of Market Street Ry. Co. vs. Hellman (109 Cal. p. 571), the opinion written by Supreme Court Commissioner Searls and concurred in by Commissioners Haynes and Britt (decision of the court in accordance therewith, Justices McFarland, Van Fleet, Garoutte, Henshaw, and Chief Justice Beatty), reads as follows, after quoting section 288, Civil Code: * "The codes when adopted constituted a comprehensive system of laws, and repealed all existing statutes not specially saved from their operation. To save existing corporations from annihilation we may fairly presume was the paramount object of the legislature. Hence this section (288). But the latter clause of the same section throws light upon the more general declaration of the first clause. It is as follows: 'But the laws under which such corporations were formed and exist are applicable to all such corporations, and are repealed, subject to the provisions of this section.' "Now the laws under which corporations were formed and existed constituted but a small portion of the whole body of laws which related to and controlled corporate action. As only those laws under which corporations were formed and existed were saved, it must follow that the residue of such laws were repealed, whether consistent with the code or not." * * * * * In the case of Samuel G. Murphy, respondent, vs. Pacific Bank, appellant (119 Cal. p. 334), the opinion written by Supreme Court Commissioner Haynes and concurred in by Supreme Court Commissioners Chipman and Belcher, decision of the court in accordance therewith, concurred in by Justices Garoutte, Harrison, and McFarland, reads as follows (referring to an act to provide for the formation of corporations for the accumulation and investment of funds and savings, stats. 1862, p. 199, chap. 187): ** "It is further contended by respondent that the act of 1862 was repealed by section 288 of the Civil Code. That said act was repealed so far that new corporations could not be formed under it there is no doubt; but, so far as corporations theretofore formed under it were concerned, it remained in force, not only so far as might be necessary to sustain their existence as corporations, but to fix their character, define their powers, duties, obligations, and liabilities, except in so far as these were modified, altered or repealed by inconsistent code provisions relating to such corporations." See, also: * * Spring Valley Water Works vs. Bryant, 52 Cal. 132; Estate of Eastman, 60 Cal. 308; Robinson vs. Southern Pacific Co., 105 Cal. 526; McGowan vs. McDonald, 111 Cal. 57; People ex rel. Robt. Waugh, respondent, vs. Auburn and |