Corporation to obtain license from Supervisors. In what contingencies cor pc rate existence ceases. President and Secre annual report, and what to contain. TITLE VI. BRIDGE, FERRY, WHARF, CHUTE AND PIER CORPORATIONS. SECTION 528. Corporation to obtain license from Supervisors. 529. In what contingencies corporate existence ceases. 530. President and Secretary to make annual report, and what to contain. Damages for failing to report. SEC. 528. No corporation must construct or take tolls on a bridge, ferry, wharf, chute or pier, until authority is granted therefor by the Supervisors, pursuant to the provisions of the POLITICAL CODE. SEC. 529. Every such corporation ceases to be a body corporate 1. If, within six months from filing its articles of incorporation, it has not obtained authority from the Board of Supervisors, and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute or pier, and actually expended thereon at least ten per cent. of the capital stock of the corporation. 2. If, within three years from filing the articles of incorporation, the bridge, wharf, chute or pier is not completed, as required by the POLITICAL CODE. 3. If, when the bridge, wharf, chute or pier of the corporation is destroyed, it is not reconstructed and ready for use within three years thereafter. 4. If the ferry of any such corporation is not in running order within three months after authority is obtained to establish it, or if at any time thereafter it ceases, for a like term consecutively, to perform the duties imposed by law. Stats. 1850, 347, Sec. 169. SEC. 530. The President and Secretary of all bridge, tary to make ferry, wharf, chute and pier corporations must annually, under oath, report to the Board of Supervisors of the county in which their articles of incorporation are filed— 1. The cost of constructing and providing all necessary appendages and appurtenances for their bridge, ferry, wharf, chute or pier. 2. The amount of all moneys expended thereon, since its construction, for repairs and incidental expenses. 3. The amount of their capital stock, how much paid in and how much actually expended thereof. 4 The amount received during the year for tolls and from all other sources, stating each separately. 5. The amount of dividends made, and the indebtedness of the corporation, specifying for what it was incurred. 6. Such other facts and particulars respecting the business of the corporation as the Board of Supervisors may require. failing to report. This report the President and Secretary must cause to be published, for four weeks, in a daily newspaper published nearest the bridge, if required by order of the Board of Supervisors. A failure to make such report Damages for subjects the corporation to pay to the State two hundred dollars liquidated damages, and for every week permitted to elapse after such failure, fifty dollars damages. All such cases to be reported by the Board of Supervisors to the District Attorney, who must institute suit therefor, and the certificate of the Clerk of the Board of Supervisors of such failure is presumptive proof thereof. Stats. 1850, 347, Secs. 170, 173. TITLE VII. TELEGRAPH CORPORATIONS. SECTION 536. May use right of way along waters, roads and highways. 539. Conditions on which damage to sub-aqueous cable may be 540. Duty to send paid dispatch. 541. May dispose of certain rights. 542. Rates of charges to be fixed, and how published. SEC. 536. Telegraph corporations may construct lines of telegraph along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers or abutments, for supporting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as May use along right of way waters, roads and high. ways. Persons liable for damages for injuring telegraph property. Party guilty of wilful and malicious injury, liable not to incommode the public use of the road or highway, or interrupt the navigation of the waters. Stats. 1857, 171, Sec. 1. SEC. 537. Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph corporation, is liable to the corporation for all damages sustained thereby. Any vessel which, by dragging its anchor or otherwise, breaks, injures or destroys the sub-aqueous cable of a telegraph corporation, subjects its owner to the damages hereinbefore specified. Stats. 1850, 347, Sec. 152; 1857, 171, Sec. 2; 1862, 290, Sec. 8. does SEC. 538. Any person who wilfully and maliciously any injury to any telegraph property mentioned in to one hun- the preceding section, is liable to the corporation for one hundred times the amount of actual damages sustained thereby, to be recovered in any Court of competent jurisdiction. dred times actual damages. Conditions on which damage to sub-aqueous recovered. Stats. 1862, 290, Sec. 8. SEC. 539 No telegraph corporation can recover damages for the breaking or injury of any sub-aqueous telecable may be graph cable, unless such corporation has previously erected, on either bank of the waters under which the cable is placed, a monument, indicating the place where the cable lies, and publishes for one month, in some newspaper most likely to give notice to navigators, a notice, giving a description and the purpose of the monuments, and the general course, landings and termini of the cable. Duty to send paid dispatch. Stats. 1857, 171, Sec. 3. SEC. 540. Any corporation owning or working any telegraph line in this State, on the payment of the usual charges therefor, as established by its rates, must receive all dispatches from any person, and transmit the same with impartiality and good faith to the person to whom the same is directed; and for any neglect or refusal so to do, such corporation forfeits the sum of five hundred dollars, to be recovered, with costs of suit, by the person desiring to send the same. Stats. 1850, 347, Sec. 154; 1861, 84, Sec. 5. SEC. 541. Any telegraph corporation may at any time, with the consent of the persons holding two-thirds of the issued stock of the corporation, sell, lease, assign, transfer or convey any rights, privileges, franchises or property of the corporation, except its corporate franchise. Stats. 1861, 84, Sec. 6. SEC. 542. Every telegraph corporation must fix uniform rates of charges proportionate to the number of miles, which must be uniform throughout the State, and publish them, by posting such rates at each of their offices in use. [New section.] May dispose rights. of certain Rates of fixed, and lished. charges to be how pub. TITLE VIII. WATER AND CANAL CORPORATIONS. SECTION 548. Corporation may obtain contract to supply city or town. 549. Duties of corporation. Rates fixed by Commissioners. 550. Right to use streets, ways, alleys and roads. 551. To build and keep bridges in repair. may obtain contract to supply city SEC. 548. No corporation formed to supply any city or Corporation town with water must do so unless previously authorized by an ordinance, or unless it is done in conformity with a contract entered into between the city or town and the corporation. Contracts so made are valid and binding in law, but do not take from the city or town. the right to regulate the rates for water, nor must any exclusive right be granted, by contract or otherwise, for a term exceeding fifty years. Stats. 1852, 171, Sec. 3. corporation. SEC. 519. All corporations formed to supply water to Duties of cities or towns must furnish pure fresh water to the inhabitants thereof for family uses, so long as the supply permits, at reasonable rates and without distinction of persons, upon proper demand therefor; and must furnish water, to the extent of their means, in case of fire or other great necessity, free of charge. The rates to be. by Commis sioners. Rates fixed charged for water must be determined by a Board of Commissioners, to be selected as follows: Two by the city and county, or city or town authorities, and two by the water company; and in case they cannot agree to the valuation they must choose a fifth member of the Board; if the four Commissioners cannot agree upon a fifth, then the County Judge of the county must appoint such fifth person. The decision of the majority of the Board determines the rates to be charged for water for one year, and until new rates are established. The Board of Supervisors, or the proper city or town authorities, may prescribe other proper rules relating to the delivery of water, not inconsistent with the laws of this State. Right to use streets, and roads. SEC. 550. Stats. 1858, 219, Sec. 4. Any corporation created under the provi ways, alleys sions of this Part, for the purposes named in this Title, subject to the reasonable direction of the Board of Supervisors, or city or town authorities, as to the mode and manner of using such right of way, may use so much of the streets, ways and alleys in any town, city or city and county, or any public road therein, as may be necessary for laying pipes for conducting water into any such town, city or city and county, or through or into any part or parts thereof. Stats. 1868, 220, Sec. 5. SEC. 551. Every canal corporation must construct and keep in good repair at all times, for public use, across their canal, flume or water pipe, all of the bridges that the Board of Supervisors of the county in which such canal is situated may require, the bridges being on the lines of public highways and necessary for public uses in connection with such highways; and all water works must be so laid and constructed as not to obstruct public highways. Stats. 1862, 541, Sec. 4. |