Declamation District—Bepair op Break in Levee—Power op Trustees to Contract.—Under section 3459 of the Political Code, the board of trustees of a reclamation district, the original plan of reclamation of which had been carried out and completed, has authority to enter into contracts to close a subsequent break of about fifteen hundred feet in its levee, without first submitting the plan of the work to the board of supervisors. Such work is a “repair” within the meaning of that section.

Id.—Statement to Board op Supervisors—Revision op Cost op Work. •—Under that section, when the board of trustees has presented to the board of supervisors a statement of such repair work done or to be done, and its estimated cost, and has applied for the appointment of commissioners to assess such cost upon the lands within the district, the board of supervisors has no power to review or modify the terms of the statement, and its refusal to hear evidence concerning the subject-matter thereof is without prejudice to an owner of land assessed for the cost of the work.

Id.—Trustee Benefited by Repair—Fraud.—The fact that one of the trustees of the reclamation district would be specially benefited by the repair of the levee would not in itself constitute fraud on the part of himself or his associates, especially if he did not become a trustee until after the original contract for the repair had been made. There is nothing illegal in a landowner acting as trustee when reclamation works are in course of construction.

Id.—Trustee as Overseer op Work—Payment por Services—Legality op Assessment.—The fact that one of the trustees of the district acted as an overseer under the contractor doing the work of repair, and received about two hundred dollars in payment therefor, did 'not invalidate the assessment for the cost of the repair, when his claim for services is allowed after the statement and report for fixing the amount of the assessment was filed. Under section 3454 of the Political Code, the trustees have power to fix their own compensation.

Nonsuit—Failure to Rule on Motion—Harmless Error.—-The failure of the trial court to formally rule upon a motion for nonsuit, after having taken it under advisement, even if error, was harmless, when there was no merit in the motion.

Id..—Action to Enporce Assessment—Collateral Attack on Manner op Work.—In an action to enforce an assessment for the cost of such repairs, it was not error to refuse to permit collateral attack upon the findings of the trustees that the work was properly performed. Warrants duly issued by the trustees for the work, and approved by the board of supervisors, as required by section 3456 of the Political Code, are not subject to such a collateral attack.