Water Corporation — Transfer of Entire Property—Legislative Sanction Essential.—A gwm-publie corporation, engaged in supplying water for public use, cannot, without legislative sanction, transfer to another the entire property devoted to such service and the business of carrying it on.

Id.—Consent of Stockholders to Transfer of Entire Water System.—Under section 361a of the Civil Code, ás enacted in 1903, a gwcm-public corporation, such as a water company, with the consent of the stockholders thereof holding of record at least two thirds of its issued capital stock, but not otherwise, may make a transfer of its business, franchises, and property as a whole, including its-water-pipes in the streets of a municipality, and the right to use such streets, as a way, which it had under section 19 of Article XI of the constitution.

Id.—Transfer of Franchise—Pelease of Liabilities.—Section 10 of Article XII of the Constitution, providing that the Legislature shall not pass any laws permitting “the leasing or alienation of any franchise, so as to release the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges,” does not prohibit such a transfer by a water company, but merely forbids a transfer of a franchise “so as to relieve the franchise or property held thereunder,” from liabilities so incurred or contracted. The transferee would take the franchise and property pertaining to it subject to all its burdens, and, so long as it held it, would be obliged to continue the performance of the public service to which it had been dedicated, or to allow others to do so in its behalf.

Id.—Public Use—Dedication of Water to—Eight to Continuance of Use—Mandamus.—In the case of the establishment of a water system to supply water for public use, all the persons to whose use the water is appropriated or dedicated are vested with a right to have the supply continued by whomsoever may be in control thereof, and may enforce such right by a proceeding in mandamus against the person in control of the supply and the works by which it is distributed, regardless of the title, to compel the continuance of the distribution, in the usual and proper manner, to those entitled. This rule is applicable, and the remedy by mandamus available, whether the person in control of the supply is a municipal or a private corporation, or an individual.

Id.—Power of Transferee to Accept.—A transfer of property used in a public service, from one corporation to another, although made by a corporation having power to convey, is invalid unless the transferee has the power to accept the property and continue the use to which it has been devoted. If such power is wanting in the transferee, the transfer is not binding on the grantor or lessor.

Id.—City of Pasadena—Eight to Acquire Water System—Supply of Water to Another City.—The city of Pasadena, under the provisions of its charter, (Stats. 1905, p. 1021), and under the act of 1891 (Stats. 1891, p. 102), has the power to accept the transfer of the property, business, and franchises of a water company, engaged in supplying water to certain parts of the cities of Pasadena and South Pasadena, for the use of the respective inhabitants thereof within said territories, and to -the said cities, respectively, for sprinkling of streets, and to undertake and perform the public service imposed on such property in the hands of its transferer.

Id.—Supply to Outside Limits—Incidental Powers.—A grant of power to provide and supply water to a city and its inhabitants, authorizes a city to carry on a system and supply water to persons outside its Emits, whenever it becomes necessary or convenient to do so in order to accomplish the main purpose of supplying water to those within.

Id.—Judicial Notice of Aridity of Eegion.—In construing what powers are necessary, incidental, or fairly to be implied from the powers expressly given to the city of Pasadena by its charter, respecting the acquisition of a water system, it is proper to consider the conditions surrounding the city at the time, and the court will take judicial notice that the two cities are situated in a comparatively arid region, the available waters of which are already applied to valuable public or private use.

Id.—Fixing Water Bates by one City as against Another.—Under the constitution, a municipal corporation has power to fix the rates te he charged for water supplied to its inhabitants and to control the manner of laying and repairing pipes in its streets for that purpose, as against another city engaged in supplying such waters, as well as when an individual or water corporation does so.

Id.—Performance of Governmental Functions.—In the carrying on of the water service to the people of South Pasadena, the city of Pasadena will not be acting in its political, public, or governmental capacity as an. agent of the sovereign power, equal in all respects to the city within which it operates. In administering a public utility, such as a water system, even within its own limits, a city does not act in its governmental capacity, but in a proprietary and only quasi-public capacity.

Id.—Supplying Water Outside of City a Municipal Affair—Charter Provisions Control.—The supplying of water by the city of Pasadena to outside territory, being necessarily a matter incidental to the main purpose of supplying water to its own inhabitants, is a “municipal affair” of the city of Pasadena, within the meaning of that phrase in section 6 of article XI of the constitution, and the charter provisions relating thereto prevail over general laws, if inconsistent therewith.

Id.—Sale of Surplus Water—Water Already Dedicated to a Particular Use.—Upon the purchase by the city of Pasadena of the property, business, and franchises of a water company, a portion of whose water was appropriated to the use of a part of the city of South Pasadena and its inhabitants, the duty devolves upon it, as a trustee, of continuing to supply such water to the part of the city of South Pasadena and its inhabitants that previously enjoyed the use. As to such water, it cannot be considered as surplus water subject to sale to others, within the meaning of the Act of March 27, 1897, authorizing a city having in the supply more water than is necessary for its inhabitants, to sell the surplus, but providing that contracts for such sales shall not run for a period longer than one year.

Id.—Laying Mains in Streets of Another City.—Section 19 of article XI of the constitution, providing that in any city where there aro no municipal waterworks for the supply of its inhabitants, “any individual, or any corporation duly incorporated for such purpose,” may lay mains in the streets for supplying such water, should be liberally construed, so as to empower a municipal corporation on whom the duty devolves of supplying water to another municipality, to lay its mains in the streets of the latter.

Lx—Injunction — Threat to Discontinue Supply — Adequacy of Legal Bemedy by Mandamus.—An injunction will not lie to restrain a municipal corporation from acquiring a water system, a part of which is already appropriated to supplying water to another city, upon a mere allegation that it threatens and intends, when it acquires such system, to cut off the supply from the other city and its inhabitants. Should it attempt such unlawful act, the persona injured would have an adequate legal remedy by mandamus.