[1] County Water District—Illegal Expenditure op Bunds—Injunction'—Bight op Besident and Taxpayer.—A taxpayer of and resident within a county water district formed under the act of 1913 (Stats. 1913, p. 785), has the legal right to invoke t'ho remedy of injunction to restrain the expenditure of the funds of the district if such expenditure finds no sanction in the law.

[2] Id.—Legality of Claim for Services—Appeal from Judgment— Determination from Complaint.—Where am appeal is taken from a judgment' rendered upon an order sustaining demurrers to plaintiff’s complaint in an action to enjoin the payment of a claim for services in the promotion and organization of a county water district, the legality of the claim, as well as the legality of it's allowance by the supervisors, must be determined by consideration of the scope and effect of the allegations of the complaint.

[3] Corporations—Acts of Promoters Prior to Existence—Liability—Applicability of Bule to Public Corporations.—The rule to the effect that acts of promoters performed prior to the existence of a corporation are not binding upon the corporation, unless made so by the act under which the incorporation took place, or adopted by the corporation after it comes into existence, applies to public as well as private corporations.

[4] County Water District — Services Prior to Eormation — Authority of Supervisors to Contract.—In the matter of the organization of a county water district under the act of 1913, there is nothing in the provisions of the act which empowers the board of supervisors to contract and pay for legal or other services rendered to the freeholders of the proposed district in the preparation and procurement of the petition for the ultimate creation of the district, or which authorizes the board to pay for legal or other services rendered to such freeholders in the preliminary promotion of the district.

[5] Id.—Estimate of Costs and Incidental Expenses—Statement in Petition—Construction of Act.—The provision of the act of 1913 requiring the petition for the creation of a county water district to contain an estimate of the cost of the proposed improvements and of the incidental expenses in connection therewith, has reference, as to the required provisions of the ordinance calling the election, wholly to such expenses as are generally and incidentally necessary to the construction and the maintenance and operation of the plant and business of the proposed district after it has actually come into being as a legal entity.

[6] Id.—Preparation and Presentation of Petition—Nonliability of District.—The act of 1913 does not bind a district organized thereunder to pay the expenses incurred by promoters in connection with the preparation and filing of the petition for the formation of the district, and such expenses cannot be assumed after it comes into existence, for the act specifies and limits the purposes for which the funds of the district may be expended.

[7] Corporations—Illegal Act—beatification.—An act or contract which a corporation is not legally permitted to perform cannot be ratified or adopted by such corporation, whether the corporation be private or municipal.

3. Liability of corporation to third parties on contracts of its promoters, notes, 8 Ann. Cas. 262; Ann. Cas. 1916C, 105.

[8] County Water District — Allowance of Claims — Governing Bules.—Under the act of 1913, the management of a county water district is, to some extent, a county affair, and in the absence of more specific provision in the act, the same general rules and regulations which govern the board of supérvisors in acting upon claims against the county proper must cover and control the allowance of claims against the district.

[9] Counties—Allowance of Claims—Beview by Courts.—A court is not precluded from reviewing an allowance by a board of supervisors for the purpose of ascertaining whether the allowance was within the jurisdiction of the board.