« SebelumnyaLanjutkan »
Interest of Corporation in Land. - A turnpike company can holi no land beyond the right of way or easement. Such road belongs to the public, and is not private property; the company's sole right is to collect tolls. (Wood v. Truckee etc. Co., 24 Cal. 474. To same Effect: McMullin v. Leitch, 83 Cal. 240, 23 Pac. 294; Kellett v. Clayton etc. Co., 99 Cal. 212, 33 Pac. 885; Blood v. McCarthy, 112 Cal. 564, 44 Pac. 1025.)
The right of way is, however, private property, though held for a public use, and is incident and necessary to the privilege of collecting tolls thereon, and constitutes an interest in the land on which the wagon road rests, sufficient to sustain an action to determine an adverse claim. (Welsh v. Plumas Co., 80 Cal. 338, 22 Pac. 254. To same effect: So. Pac. Co. v. Burr, 86 Cal. 284, 24 Pac. 1032.)
Liability for Debts.- Members of such companies are liable for debts contracted before the final organization, but not upon debts contracted by agents of the company. Directors are personally liable for debts contracted in violation of its by-laws after the same have been filed. (Blanchard v. Kaull, 44 Cal. 440.)
THIS TITLE APPLIES TO NATURAL PERSONS AS WELL AS
CORPORATIONS. Sec. 523, C. C. When a wagon, turnpike or plank road is constructed, owned, or operated by any natural person, this title is applicable to such person in like manner as it is applicable to corporations. En. March 21, 1872.
Toll roads: See Pol. Code, secs. 2779-2832.
People v. Davidson, 79 Cal. 168, 21 Pac. 538; Welsh v. Plumas Co., 80 Cal. 341, 22 Pac. 254; Gregory v. Blanchard, 98 Cal. 313, 33 Pac. 199.
Individual Ownership of Toll Road.-Since the adoption of this section, individuals have the same right to construct and operate toll roads as corporations. (People v. Davidson, 79 Cal. 168, 21 Pac. 538.)
Construction of Section.—This section makes only the provisions of the title in which it is found applicable to individuals as well as corporations, and has no reference to the transfer of a franchise. (Gregory v. Blanchard, 98 Cal. 313, 33 Pac. 199.)
BRIDGE, FERRY, WHARF, CHUTE AND PIER CORPORATIONS.
§ 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-Damrages for failing to report. § 531. This title to apply to natural persons alike with corporations.
CORPORATIONS TO OBTAIN LICENSE FROM SUPERVISORS.
Sec. 528, C. C. No corporation must construct or take tolls on a bridge, ferry, wharf, chute, or pier until authority is granted therefor by the supervisors. En. March 21, 1872.
Public ferries and toll bridges: See Pol, C., sec. 2843 et seq.
The basis of this section is section 1 of the act of 1858, page 120, authorizing the construction of wharves over submerged lands, etc., and section 1 of the amendatory act of 1780, page 426.
Los Angeles etc. Co. v. So. Pac. R. R. Co., 136 Cal. 49, 68 Pac. 308.)
Construction of Section.- A ferry is a quasi public use. A franchise for a ferry is granted only by the board of supervisors. (Pol. Code, sec. 2843.) And corporations for the purpose of operating a ferry may be formed under this title. (Los Angeles v. S. P. R. R., 136 Cal. 36, 68 Pac. 308.)
IN WHAT CONTINGENCIES CORPORATE EXISTENCE CEASES.
Sec. 529, C. C. Every such corporation ceases to be a body corporate;
1. If, within six months from filing its articles of incorporation, it has not obtained such 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,
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 like term consecutively, to perform the duties imposed by law. En. March 21, 1872.
The basis of this section and the following sections is sections 169 and 170-173, respectively, of the corporation act of 1850, relating to bridge companies.
PRESIDENT AND SECRETARY TO MAKE ANNUAL REPORT,
AND WHAT TO CONTAIN-DAMAGES FOR FAILING TO REPORT. Sec. 530, C. C. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the board of supervisors of the county in which the 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.
This report the president and secretary must cause to be published for four weeks in a daily newspaper published nearest the bridge, ferry, wharf, pier, or chute, if required by order of the board of supervisors. 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 to the district attorney who must commence an action therefor. En. March 21, 1872.
For basis of this section, see sec. 529, C. C., supra.
THIS TITLE TO APPLY TO NATURAL PERSONS ALIKE WITH
CORPORATIONS. Sec. 531, C. C. When a bridge, ferry, wharf, chute, or pier is constructed, operated, or owned by a natural person, this title is applicable to such persons in like manner as it is applicable to corporations. En. March 21, 1872.
General Provisions: Public ferries and toll bridges, Pol. Code, secs. 2843-2895; wharves, chutes, and piers, Pol. Code, secs. 2906-2921.
Gregory v. Blanchard, 98 Cal. 314.
536. May use right of way along waters, roads, and highways. $ 537, Persons liable for damages for injuring telegraph property. $ 538. Party guilty of willful and malicious injury liable to one
hundred times actual damages. $ 539. Conditions on which damage to subaqueous cable may be
recovered. 3540. May dispose of certain rights. $ 541. Rate of charges to be fixed, and how published. (Repealed.)
MAY USE RIGHT OF WAY ALONG WATERS, ROADS, AND
HIGHWAYS. Sec. 536, C. C. 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 the 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. En. March 21, 1872.
For an act to facilitate telegraphic communication between America and Asia, approved February 13, 1872, see Stats. 1871-72, 97.
Telegraph companies are common carriers: See sec. 2207 et seq., C. C.
Section 1 of the telegraph act of 1857, page 171, is the basis of this section.
Telegraph Companies, Generally.-Under provisions of Civil Code, telegraph companies are not common carriers, but must use “great care and diligence in the transmission and delivery of messages.'' (Hart v. Western Union Tel. Co., 66 Cal. 579, 56 Am. Rep. 119, 0 l'ac. 637. To same effect: Western Union Co. v. Hyer, 1 Am. St.