Lapas attēli
PDF
ePub

authority in that behalf. A failure to make such report subjects the corporation to a penalty of two hundred dollars, and for every week permitted to elapse after such failure an additional penalty of fifty dollars, payable in each case to the county from which the authority of the corporation was derived. All such cases must be reported by the board of supervisors, or other governing body having authority in that behalf, to the district attorney or city attorney, who must commence an action therefor.

Amended March 21, 1905; stats. 1905, p. 579.

NOTE. § 530. The change consists in the insertion of the words "or other governing body having authority in that behalf," after "supervisors."

This title to apply to natural persons alike with corporations.

§ 531. When a bridge, ferry, wharf, chute, or pier is constructed, operated, or owned by a natural person, this title is applicable to such person in like manner as it is applicable to corporations.

Enacted March 21, 1872.

98 Cal. 314.

Public ferries and toll bridges: See Pol. C. § 2843 to 2895. Wharves, chutes, and piers: See Pol. C. § 2906 to 2921.

TITLE VII.

[Old title VII repealed and new title VII enacted March 20, 1905; stats. 1905, p. 492.]

Telegraph and Telephone Corporations.

(See, also, "Franchises," statutes at large, Appendix; see, also, Civ. C. §§ 291-294, and Pen. C. §§ 273e, 273b.)

SEC. 536. May use right of way along waters, roads, and high

ways.

537. Liability for damaging telegraph or telephone property. 538. Penalty for willfully or maliciously injuring telegraph or telephone property.

539.

Conditions on which damage to subaqueous cable may be recovered.

540. May dispose of certain rights.

May use right of way along waters, roads, and highways.

§ 536. Telegraph or telephone corporations may construct lines of telegraph or telephone lines 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 not to incommode the public use of the road or highway or interrupt the navigation of the waters.

Enacted March 20, 1905; stats. 1905, p. 492.

149 Cal. 750.

NOTE.-88 536, 537, 538, 539, 540. The change consists in the insertion of the words "or telephone" after the word "telegraph," thus including telephone companies within the operation of the above sections.

Liability for damaging telegraph or telephone property.

§ 537. Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph or telephone 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 subaqueous cable of a telegraph or telephone corporation, subjects its owner to the damages hereinbefore specified.

Enacted March 20, 1905; stats. 1905, p. 492.

NOTE. See note to § 536.

Penalty for willfully or maliciously injuring telegraph or telephone property.

§ 538. Any person who willfully and maliciously does any injury to any telegraph or telephone property, mentioned in 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.

Enacted March 20, 1905; stats. 1905, p. 492.

NOTE. See note to § 536.

recovered.

Conditions on which damage to subaqueous cable may be § 539. No telegraph or telephone corporation can recover damages for the breaking or injuring of any subaqueous telegraph or telephone 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.

Enacted March 20, 1905; stats. 1905, p. 492.
NOTE.-See note to § 536.

May dispose of certain rights.

§ 540. Any telegraph or telephone 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.

Enacted March 20, 1905; stats. 1905, p. 492.

NOTE. See note to § 536.

TITLE VIII.

Water and Canal Corporations.

(See, also, "Water Companies," statutes at large, Appendix.) Corporations may obtain contract to supply city or town.

SEC. 548.

549. Duties of corporation. Rates fixed by supervisors, etc. 550. Right to use streets, ways, alleys, and roads. [Re

pealed.]

551. Public highways not to be obstructed.

552.

Irrigation. Easement and water rates.

Corporations may obtain contract to supply city or town.

§ 548. 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. Enacted March 21, 1872.

See, also, Pol. C. §§ 4410 to 4413.

Duties of corporation-Rates fixed by supervisors, etc.

§ 549. 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 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.

Amended March 21, 1905; stats. 1905, p. 580.

52 Cal. 134; 152 Cal. 588.

NOTE.- 549. The change consists in the omission of the two sentences following the word "charge," which were a part of the section, said sentences having been superseded by the provisions of the constitution of 1879, providing for the mode in which water rates shall be fixed.

See, also, Constitution of California, art. XI, § 19.

Right to use streets, ways, alleys, and roads. [Repealed.]

§ 550. Right to use streets, ways, alleys, and roads. [Repealed March 21, 1905; stats. 1905, p. 580.]

NOTE.- 550. This section is an expression of the constitutional provisions found in the constitution of 1879, respecting the right of corporations to use streets for laying water pipes, and is, therefore, repealed.

Public highways not to be obstructed.

§ 551. No canal, flume, or other appliance for the conducting of water must be so laid, constructed, or maintained as to obstruct any public highway; and every person or corporation owning, maintaining, operating, or using any such canal, flume, or appliance, crossing or running along any public highway, must construct, maintain, and keep in repair such bridges across the same as may be necessary to the safe and convenient use of such highway by the public; and on failure so to do, the board of supervisors of the county, after seven days' notice in writing to said person or corporation, may construct or repair such bridge or bridges, and recover of such person or corporation the amount of the expenditure made in so doing.

Amended March 21, 1905; stats. 1905, p. 580.

68 Cal. 359; 98 Cal. 183.

NOTE. § 551. The design of the amendment is to better express the purpose of the section and to remove the objections that it may be unconstitutional in investing the supervisors with an arbitrary power to require or not require bridges, and to supply the defect in not providing any means of coercing the performance of the duty created.

See, also, Pol. C. § 2694.

Irrigation-Easement and water rates.

§ 552. 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. Amended April 3, 1876; amendts. 1875-6, p. 77.

56 Cal. 440; 90 Cal. 286; 112 Cal. 434; 129 Cal. 448; 130 Cal. 313; 152 Cal. 588, 597; 2 Cal. App. 413; VI Cal App. Dec. 647, 796.

TITLE IX.

Homestead Corporations.

SEC. 557. 558.

Time of corporate existence.

559.

560.
561.

By

By-laws must specify time for and amount of payment
of installments, and penalty for failure to pay.
laws to be furnished to any member on demand.
Advertisement and sale of delinquent and forfeited

shares.

May borrow and loan funds-how, and for what time.
Minor children, wards, and married women may own

stock.

Forfeiture for speculating in or owning lands exceeding two hundred thousand dollars.

562.

563.

564.

565.

Annual report to be published.

566.

When corporation is terminated, and how.
Payment of premiums.

Publication in certain cases.

Time of corporate existence.

§ 557. 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 accumu

« iepriekšējāTurpināt »