Barnes

This is a proceeding to review the action of the board of supervisors of Colusa county culminating in the establishment of what is known as “the Boggs Protection District.”

It is conceded that the warrant for the board’s proceedings in the premises is found in the act of the legislature approved March 27, 1895 (Stats. 1895, p. 247), entitled “An act to provide for the formation of protection districts in the various counties of this state, for the improvement and rectification of the channels of innavigable streams and watercourses, for the prevention of the overflow thereof by widening, deepening and strengthening and otherwise improving the same, and to authorize the boards of supervisors to levy and collect assessments from the property benefited to pay the expenses of the same,” and as amended in 1909. (Stats. 1909,, p. 807.)

Petitioner bases his request and contention for an annulment of the proceedings of the board creating said district upon the grounds: 1. The board of supervisors had no jurisdiction of the subject matter, for the reason that there was no proof that the petition for the organization of the district was signed by ten property holders as required by the…