The record-union., 1891-03-30

III IaEOf OF tne proposition.
Upon ascertaining the result of this
election the directors, on the Sd day of
January, 1888, resolved and ordered that
the bonds of said district, in the sum of
eight hundred thousand dollars, be is
sued in the manner and form prescribed
by said Act.''
After resolving upon the issuance OF
said bonds several unsuccessful efforts
seem to have been made to dispose of a
portion of the amount authorized, and
finally on July 81, 1889. the'foliowiIig res
oiutions were adopted by the Board OF
Directors:
1t is hereby ordered that the bonds OF
this district be issued in the amount Of
four hundred thousand dollars of the fol-
lowing denominations: Seven hundred
and sixty bonds of the denomination OF
five hundled dollars each; and two
hundred bonds of the denomination Of
one hundred dollars each; and that the
said bonds shall in form and substance
conform to the provisions of the Act OF
the Legislature of the State of California,
entitled San Act to provide for the or
ganlzation and government of irrigation
districts, and to provide for the acquisi-
ton of water and other property, and for
the distribution of water thereby for irri-
CATION purposes approved March 7, 1887,
and that they be signed, sealed and num-
''It is further ordered that the bonds OF
the district conforming to the provisions
of said Act and to this order be prepared,
executed and issued in such manner and
form in all respects that they shall be-
come and De ready for sale by this board,
and on behalf of this district.
"ResotCed, That this board hereby de-
clares its intention to sell the bonds OF
this district to the amount of S400, co., to
Wi nf ct
$500 each, and 200 bonds of the denomina-
ton OF Sl00 each; and 1t is therefore or
dered that notice that sealed proposals
viii be received by this board, nj its office
III the City of Modesto. up to the hour o1
l:30 o'clock p. NJ. of the Sd day of Sep
ber, 1889, for the purchase of said bonds
be published for twenty days before the
said date in the following newspapers
The Daily Alta, pubfished.in the City OF
San Francisco; the RECORD UNION, pub
ished in the City of Sacramento, and the
Ddjty Times, published in the City Of Los
Angeles. On motion duly made, sec
onded and carried, it was ordered thai
the Board of Directors of this district
commence special proceedings, in and by
which the proceedings of said board and
of said district for and authorizing the
sale of the bonds of said district may be
judicially examined, approved and con-
hrmed.'
In pursuance of this resolution, the
original petition in this case was filed in
the Superior Court of Stanislaus County
on the following day--August 1, 1889.
IL this petition the due organization ot
the district under the Act of March Z
1887, is alleged to have been effected on
the 18th day OF July, 1887. It is alleged
that certain persons--naming them-were
then duly elected and have ever since been
the directors of the district; that all its
lands are in SStanislaus County; thai
rs soon as practicable after its or.
ganization, to wit, on November
10, 1887, the directors duly esti'
mated the cost of acquiring watei
rights and constructing irrigation works
necessary TO issue the bonds of the dis
trict 10 that amount, and that the same
should be sold, provided the electors o
the district should vote in favor of theil
issuance. 1t is alleged that a special cleo
ton was Immediately called, at which
the proposition should be submitted anC
voted upon, of which the notices re.
quired by the statute were duly published
and posted; that at the time appointed the
election was in fact held; that the returns
of said election were duly made and can.
vassed, and the result duly declared anG
recorded, and that the vote was 439 in
favor Of and only seventy-six against the
proposition. The original petition fails al
this point TO stale the next steps actually
taken by the Board of Directors, viz: its
resolution OF January 3, 1888, to issue the
sG00,000 OF bonds authorized by said vote
and its unsuccessful efforts to sell por-
tions Of such issue. Omitting all refer
ence to these proceedings it alleges the
orders and resolutions of July 81, 1889
above quoted directing the issuance and
sale of bonds to the amount of S400, 600
and closes with the following prayer:
Wherefore, your petitioner prays thai
the, proceedings aforesaid, for the issue
and sale of said bonds of said irrigation
district, may be judicially examined, ap-
proved and affirmed by said court"
Upon the filing of. this petition the
Judge of the Superior Court made an
order fixing the oath day of August, 1889
for the hearing of the petition, and or
dered the clerk to cause notice of the filing
of the petition to be given and published
as prescribed by law.
In pursuance of said order the following
notice was issued and published for the
prescribed period:
''In the Superior Court of the County Of
Stanislaus, State of California In the
matter of the Modesto Irrigation District
No. 1.003.
''Notice is hereby given that the pc.
tition of the Board of Directors of the
Modesto Irrigation District, praying that
the proceedings for the issue and sale O.
the bonds of said district, may be ex.
amined, approved and confirmed, was OF
the 1st day OF August, 1889, filed in sale
court; that said court fixed as the time fol
the hearing of said petition the Gath day
of August, 1889, at the courthouse in the
city OF Modesto; and notice is further
given that any person interested in the
organization of said district, or in tn,
proceedings for the issue or sale of saiC
bonds, may, on or before the day las
said petition. BY order of the court.
[Attest.] Ed. MCCABE, Clerk.
By A. J.. LEWIS, Deputy Clerk.
[Indorsed.l Filed October q, 1889.
E. D. McCABE."
The defendant on the 24th day of Au
gust, 1880, appeared in the proceedings by
his attorneys and filed q demurrer to thu
petition which was overruled by the
court, and on September Sd he filed al
answer and the issues We're set for tria
on October II, 1889, upon which day the
trial commenced and continued until botl
parties closed their evidence OH October
18th, whereupon the court adjourned
until October 2Sth. When the hearing
was resumed on the 2Sth, and after the
argument had commenced, the petitioner
asked and obtained leave to file and serv,
an amended petition, and appellant was
granted leave TO demur to or answer sucl
amended petition within ten days aftel
service of an engrossed copy.
On the 30th of October the amended pc
tition was filed, which, in addition
to the allegations of the origina
petition alleged, the order of tn,
Board of Directors of January 8, 1888
for the issuance OF the $500, 90,
of bonds voted by the electors, and alst
that the S400, 600 of bonds ordered ISSUED
and sold by the resolution of July 81
1889, We're part of the amount of $500, ,0Ol
ordered issued by the resolution of Janu
ary s. 1888. The prayer of the amended
petition was a repetition of the origina