Central Irrigation District v. De Lappe

Citations

• 79 Cal. 351
• 21 P. 825
• 1889 Cal. LEXIS 734

Syllabus

<p>Irrigation Districts—Public Cobporations.—Irrigation districts are public corporations to the same extent as reclamation districts.</p> <p>Id.—Proceedings for Formation to be Liberally Construed.—The rule that proceedings to divest a person of his property in invitum are to he strictly construed does not apply to proceedings for the formation of irrigation districts. Such proceedings are to be liberally construed to carry out the purposes of the law.</p> <p>Petition — Order Establishing Boundaries—Description—Rules of Construction—Monuments—False Calls—Parol Evidence.—A description by metes and bounds which would be sufficient in an ordinary deed is sufficient in the petition and in the order establishing boundaries; and the same general rules of construction apply in each case. Therefore plain monuments control courses and distances, false calls may be rejected and lines supplied by intendment, and parol evidence is admissible to explain and locate calls.</p> <p>Bond — Defective Reference to Petition.—If the bond required from the petitioners recites two names as petitioners, which were not such in fact, hut was filed with the petition, and it appears that there was no other petition than the one filed, the reference is sufficient for purposes of identification.</p> <p>Id. — Condition. — Where the statute required a bond conditioned to pay in a certain contingency, and the condition of the bond given was to pay in any event, held, that the bond was sufficient.</p> <p>Id. —Power of the Board to Allow a New Bond to be Filed in Lieu of a Defective One, and to Continue the Hearing for That Purpose. — If the bond filed with the petition is defective merely, the board has power to allow a new bond to be filed, and to continue the hearing for that purpose. Such new bond “accompanies” the petition within the meaning of the statute.</p> <p>Presentation of Petition—Regular Meeting of Board—Collateral Attack on Regularity of Meeting. —Meetings of the hoard held as and for