franchises, or property of the corporation, except its corporate franchise. [See Stats. 1861, p. 84, 26.] 541. Repealed by Amendments 1873-4. The section formerly required rates of charges to be uniform, and required notice to be published of the same. Responsibility for Messages. It is not generally agreed that telegraph companies are responsible in the same degree as common carriers. In this State we hold them responsible as common carriers. (§ 2168 Civil Code; Parks v. Alta Cal. Tel. Co., 13 Cal. 422; Thurn v. Alta Tel. Co., 15 Cal. 472.) They are so held in England. (McAndrew v. Electric Tel. Co., 17 C. B. 3; so in Rittenhouse v. Independent Tel. Line, 1 Daly, N. Y., 475.) In other States they are held to the same responsibility as carriers of passengers. (New York, etc., Tel. Co. v. Dryburg, 35 Penn. St. 298.) In this case the court were of opinion, that though telegraph companies are not, like common carriers, insurers for the correct transmission and safe delivery of messages, yet their obligations, so far as they reach, spring from the same sources-the public nature of their employment, and the contract under which the particular duty is assumed-and that, therefore, such companies should be held to a high degree of responsibility. The same doctrine was held in the case of Bowen v. Lake Erie Tel. Co. (1 Am. L. Reg. 685). But another class of cases deny that telegraph companies are liable as common carriers, considering them as bailees. This was the doctrine held in New Orleans Tel. Co. v. Hobson (15 Gratt. 122); Birney v. N. Y., etc., Tel. Co. (18 Md. 341); Breese v. U. S. Tel. Co. (45 Barb. 275); West. Union Tel. Co. v. Carew (15 Mich. 525). Can limit Liability. It is well settled that telegraph companies can limit their liability by a contract or stipulation. Thus it is frequently stipulated that unless a message is repeated, the company will not be liable beyond the price of the message. So, where the blank on which a telegraphic message is written, has printed upon it a stipulation that the company will not be liable for mistakes in transmission, beyond the amount paid for sending, unless such message be repeated, the sender cannot recover a greater amount for mistake in transmission, unless such mistake be caused by gross negligence or fraud. (Redpath v. West. U. Tel. Co., 112 Mass. 71.) And this is a reasonable regulation. (Passmore v. West. U. Tel. Co., 9 Phil. (Pa.) 90; Breese v. U. S. Tel. Co., 48 N. Y. 132; McAndrew v. Electric Tel. Co., 17 C. B. 3.) But they cannot stipulate against the negligence or fraud of their agents, as this would be against public policy. (West. U. Tel. Co. v. Graham, 1 Col. T. 230; Tyler v. West. U. Tel. Co., 60 Ill. 421; Hibbard v. West. U. Tel. Co., 33 Wis. 559.) So where, by a printed stipulation, the liability of the company was restricted where a message was not repeated, it was held that it was not thereby exonerated from loss arising through the want of proper skill and care in its servants, or the use of defective instruments, and that the burden of proving the want of such skill and care was on the plaintiff. (Sweatland v. Ill. & Miss. Tel. Co., 27 Iowa, 433.) Stipulation Unreasonable. Plaintiff sent a telegram written on a blank, furnished by the defendants, which had the following condition printed on it: "It is agreed that the company shall not be liable for .... non-delivery of any message beyond the amount received for sending the same." The message was not delivered, and in an action brought by the plaintiff to recover damages therefor, defendants admitted their liability to the extent of the amount paid for sending the message. It was held that the above condition was unreasonable, and that defendants were liable for all damages accruing to plaintiff. (True v. International Tel. Co., 60 Me. 9.) The printed regulations of a telegraph company, subject to which all night messages are required to be sent, stating that the company "will receive messages to be sent during the night at one half the usual rates," on condition that the company shall not be liable for errors or delay in the transmission or delivery, or for non-delivery of such messages from whatever cause occurring, and shall only be bound in such case to return the amount paid, is void. (Bartlett v. West. U. Tel. Co., 62 Me. 209.) But a regulation that suit for damages must be brought within six months, was held reasonable. (Wolf v. West. U. Tel. Co., 62 Penn. St. 83.) A message was written on a blank containing a printed condition exonerating the company from liability from whatever cause occurring in the transmission of messages sent during the night, at one half the usual rates. The message was sent during the night, and was in cipher, but by the gross negligence of the company's servants it was delayed. It was held that the condition exonerating the company, was unreasonable and void, and the company was liable; but as the message was in cipher, and the company entirely ignorant of its purport, it was only liable for the amount received for transmission. (Candee v. West. U. Tel. Co., 34 Wis. 471.) Cables in navigable Waters. Telegraph cables so laid or suspended in navigable waters as to catch upon the keels, or to come in contact with vessels navigating the stream, and which but for such cables would pass without difficulty or interruption, are improperly placed, and injuriously interrupt navigation, and are pro tanto a public nuisance. (Blanchard v. West. U. Tel. Co., 60 N. Y. 510.) 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. 552. When use of water to be continued as an easement. 548. Corporation may obtain Contract to supply city or town. No corporation formed to supply any city, city and county, or town with water, must do so unless previously authorized by an ordinance of the authorities thereof, or unless it is done in conformity with a contract entered into between the city, city and county, or town and the corporation. Contracts so made are valid and binding in law, but do not take from the city, city and county, or town the right to regulate the rates for water, nor must any exclusive right be granted. No contract or grant must be made for a term exceeding fifty years. [See Stats. 1852, p. 171, % 3.] 549. Duties of Water Corporations-Rates fixed by Commissioners. All corporations formed to supply water to 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 charged for water must be determined by commissioners, to be selected as follows: two by the city and county or city or town authorities, or when there are no city or town authorities, by the Board of Supervisors of the county, and two by the water company; and in case a majority cannot agree to the valuation, the four commissioners must choose a fifth commissioner; if they cannot agree upon a fifth, then the county judge of the county must appoint such fifth person. The decision of the majority of the commissioners shall determine 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 proper rules relating to the delivery of water, not inconsistent with the laws of the State. 550. Right to use Streets, Ways, Alleys, and Roads. Any corporation created under the provisions 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 thereof. [See Stats. 1868, p. 220, 25.] 551. To build and keep Bridges in Repair. Every water or 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 waterworks must be so laid and constructed as not to obstruct public highways. [See Stats. 1862, p. 541, §4.] 552. When use of Water to be continued as an Easement. Whenever any corporation, organized under the laws of this State, furnishes water to irrigate lands which said corporation has sold, the right to the flow and use of said. water is and shall remain a perpetual easement to the land so sold, at such rates and terms as may be established by said corporation in pursuance of law. And whenever any person who is cultivating land on the line and within the flow of any ditch owned by such corporation, has been furnished water by it, with which to irrigate his land, such. person shall be entitled to the continued use of said water, upon the same terms as those who have purchased their land of the corporation. [In effect April 3, 1876.] TITLE IX. HOMESTEAD CORPORATIONS. SECTION 557. Time of corporate existence. 558. By-laws to specify time and amount of payment of install- 559. Advertisement and sale of delinquent and forfeited shares. 561. Minor children, wards, and married women may own stock. 563. When corporation is terminated, and how. 564. Payment of premiums. 565. Annual report to be published. 566. Publication in certain cases. 557. Time of Corporate existence. Corporations organized for the purpose of acquiring lands in large tracts, paying off incumbrances thereon, improving and subdividing them into homestead lots or parcels, and distributing them among the shareholders, and for the accumulation of a fund for such purposes, are known as homestead corporations, and must not have a corporate existence for a longer period than ten years. [See Stats. 1861, p. 567, 22 1, 3; 1867–8, p. 539, 1.] 558. By-laws to specify time and amount of Payment of Installments, etc. Such corporations must specify in their by-laws the times when the installments of the capital stock are payable, the amount thereof, and the fines, penalties, or forfeitures incurred in case of default. A printed copy of the articles of incorporation and by-laws must be furnished to any shareholder on demand. 559. Advertisement and Sale of Delinquent and Forfeited Shares. Whenever any shares of stock are declared forfeited by resolution of the Board of Directors, the directors may advertise the same for sale, giving the name of the subscriber and the number of shares, by notice of not less than |