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Sec. 2. Any person who, with intent to injure, or defraud, any water company, or body corporate, or individual, shall willfully injure, alter, or obstruct, or prevent, the action of any meter, provided for the measuring and registering the quantity of water used or consumed, by, or at, any meter, or orifice, or place, or cause, or procure, any such meter to be injured or altered, or the action thereof to be obstructed or prevented, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment, not exceeding six months, or by fine, not exceeding five hundred dollars, or by both such fine and imprisonment.
Sec. 3. Any person who, with intent to defraud, or injure, ang water company, body corporate, or individual, shall open, or cause to be opened, or draw water, from any stop-cock, or faucet, by which the flow of water is controlled, after having been notified that the same has been closed, or shut, for specific cause, by the order of said water company, body corporate, or individual, without a written per mit from the superintendent, agent, or clerk, of said water company, body corporate, or individual, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment, not exceeding six months, or by fine, not exceeding five hundred dollars, or by both such fine and imprisonment.
or lien upon such lands, shall not have been compensated and estinguished according to law, and by making payment thereof, in the manner hereinafter provided, as near as may be, and at any stage of such new proceedings, or of any proceedings under this act, the court, or judge in chambers, may, by a rule in that behalf made, authorize the said corporation, if already in possession, to continue in the use and possession, and if not in possession, to take possession of, and use such premises during the pendency and until the final conclusion of such proceedings, and may stay all actions or proceedings against such corporation on account thereof; provided, such corpora. tion shall pay a sufficient sum into court, or give approved se curity to pay the compensation in that behalf, when ascertained; and in every case where possession shall be authorized, it shall be lawful for the owner or owners to conduct the proceedings to a conclusion, if the same shall be delayed by the said company. The said commissioners shall be entitled to receive from said corporation their reasonable disbursements, and a compensation per day, to be fixed by said court or judge, not to exceed five dollars for each day actually employed by them in the discharge of their duties, such disbursements to be taxed and allowed by the court or judge. If any cour missioner so appointed shall die, be unable, or fail to serve, the court or judge may appoint another in his place, on reasonable notice of application for such an appointment, such application to be approved by the court or judge.
Sec. 29. In case any married woman, infant, idiot, or insane per: son, or any unknown owners not personally notified to appear, and who shall not appear, after such notice on the appointment of conmissioners, shall be interested in any such lands, real estate, or property, the court or judge shall appoint some proper person to appear before the said commissioners, and act as attorney for and in behalf of said married woman, infant, idiot, or insane person, unknown, or nonappearing owner, not personally served with notice.
CANAL COMPANIES. An act to authorize the incorporation of canal companies, and the
construction of canals. [Approved May 14, 1862; Stats. 1862, p. 540.] Section 1. Corporations may be formed, under the provisions of an act entitled an act to provide for the formation of corporations for certain purposes, passed April fourteenth, eighteen hundred and fifty-three, and the several acts amendatory thereof and supplemental thereto, for the following purposes: The construction of canals, for the transportation of passengers and freights, or for the purpose of irrigation or water power, or for the conveyance of water for mining or manufacturing purposes, or for all of such purposes.
Sec. 2. The right is hereby granted to any company organized under the authority of this act, to construct all works necessary to the objects of the company, to make all surveys necessary to the selection of the best site for the works, and of the lands required therefor, and to acquire all lands, waters not previously appropriated, and other property necessary to the proper construction, use, supply, maintenance, repairs, and improvements of the works, in the manner and by the mode of proceedings prescribed in an act entitled an act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, passed May twentieth, eighteen hundred and sixty-one.
Sec. 3. Every company organized as aforesaid shall have power, and the same is hereby granted, to make rules and regulations for the management and preservation of their works, not inconsistent with the laws of this state, and for the use and distribution of the waters, and the navigation of the canals, and to establish, collect, and receive rates, water rents, or tolls, which shall be subject to regulation by the board of supervisors of the county or counties in which the work is situated, but which shall not be reduced by the supervisors so low as to yield to the stockholders less than one and one-half per cent per month upon the capital actually invested.
Sec. 4. Every company organized under the authority of this act, shall construct, and keep in good repair, at all times, for public use, across their canal, all of the bridges that the board of supervisors of the county or counties in which such canal is situated shall require; said bridges being on the lines of public highways, and necessary for public use in connection with such highways.
Sec. 5. The provisions of this act shall not apply to the counties of Nevada, Placer, Amador, Sierra, Klamath, Del Norte, Trinity, Butte, Plumas, and Calaveras. (Amendment approved February 3d, 1866, p. 53.]
The counties of Tuolumne and Lassen added by amendment of 1868, and the counties of Placer and Butte, omitted from the same, approved March 12th, 1868, p. 134, took effect from passage, the latter amendment superseding amendment approved March 31st, 1866, p. 604.
Sec. 6. This act shall take effect from and after its passage.
The provisions of an act for the incorporation of water companies, approved April 22, 1858, p. 218, are to apply, so far as the application for condemnation of land, to the act to define and establish the line and width of East street, approved April 2, 1870, p. 651.
An act supplementary to the foregoing act.
[Approved April 2, 1866; Stats. 1865-66, p. 786.) Section 1. Canal companies, formed under the provisions of the act to which this act is supplementary, shall have the power to borrow money, and issue bonds or promissory notes therefor, and execute mortgages to secure the payment of the same, in the same manner and under the same restriction as railroad companies may, under the provisions of an act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, one thousand eight hundred and sixty-one.
Sec. 2. This act shall take effect and be in force from and after its passage.
An act to authorize the incorporation of canal companies and provide
for the construction of canals and ditches.
[Approved April 2, 1870; Stats. 1869-70, p. 660.] Section 1. Corporations may be formed under the provisions of the act of April fourteenth, eighteen hundred and sixty-three, entitled an act to provide for the formation of corporations for certain purposes, and of the several acts amendatory thereof and supplementary thereto, for the following purposes, namely; The construction of canals for the transportation of passengers an! freights; for the supplying of water for irrigation; for procuring water power; for conveying water for nrining or manufacturing purposes; or for all such purposes combined.
Sec. 2. The right is hereby granted to any company organized under this act, or which may have been organized under preceding acts, to construct all reservoirs, dams, embankments, canals, ditches, and other works necessary to the objects of such company; to make the surveys necessary to the selections of the sites and routes of such works, and to acquire all lands, waters, not previously appropriated, and other property required for the proper construction, use, supply, maintenance, repairs, and improvements of the same, in the marder hereinafter provided.
Sec. 3. Any company organized in pursuance of this act, or any company organized under any pre-existing acts for similar purposes, shall have the power to locate or fix upon the line or route of its proposed ditch or canal, and select the site or sites of its proposed dams, embankments, and reservoirs, in conformity with the desigr:a. tion of its engineer or business manager.
Sec. 4. In case the route so fixed upon, or any part thereof, or the site so selected, be upon land owned by individuals, or upon public land possessed and occupied by individuals, and the right to such route or site over or upon such land has not been acquired by agreement with such owners or occupant, then it shall be lawful for such company to present to the county judge of the county wherein such land is situate, a petition, verified by an officer or agent of the colopany, showing that such route or site is necessary to such company; that it passes over or is upon such land; and that a right to the same has not been acquired by agreement with the owner or orenpant (naming him) of the land. It shall conclude with a prayer for the appointment of commissioners to assess the damages resulting to such owner or occupant because of the selection and appropriation of such route or site.
Sec. 5. Upon the receipt of the petition mentioned in the foregoing section, the county judge shall make an order directing the clerk of the county court of such county to issue a citation to the owner or occupant of the land described in the petition, requiring him to appear before the county judge, at his chambers, on a day therein named, and show cause why the prayer of the petition should not be granted. The day named in the citation for such appearance shall not be less than ten nor more than thirty days from the date of its issuance. Such citation may be served in the manner provided by law for the service of summons, and in case the owner or occupant of the land should be absent from the state, or it is not known where he or she may be found, and this fact is made to appear by affidavit to the county judge, he shall, by order, direct the same to be served by publication in some newspaper published in the county, in the mander prescribed for the publication of summonses; provided, that the period prescribed in such order for such publication shall in no case exceed two months from the first insertion.
Sec. 6. On the day appointed for the appearance of the owner or occupant of the land, or upon any subsequent day to which the hearing may, for good cause shown, be adjourned, the county judge shall proceed to hear the allegations and proofs of the respective parties, and if upon such hearing he shall be satisfied that the route or site selected over or upon such land is necessary for the promotion of the objects of the company, and that no private agreement has been made by the parties relative thereto, he shall proceed to nominate as commissioners, three disinterested citizens of the county, with power to hear and determine between the parties, and assess the value of the land sought to be condemned.
Sec. 7. Such commissioners shall proceed without unnecessary delay to appoint a day and place upon and at which the respective parties shall appear before them with their witnesses and other proofs, and such commissioners shall have power to compel the attendance of witnesses, and to administer to them the necessary oaths; provided, that such owner or occupant shall have at least six days' notice of the time and place of such hearing; provided further, that the said commissioners shall have power to adjourn such hearing from time to time, to enable either of the parties to procure witnesses; and provided, that such adjournment shall not exceed in the aggregate ten days; and, provided further, that such commissioners may, if they deem it proper, visit the locality of such proposed route or site, in company with such witnesses and experts as they may select.
Sec. 8. Within ten days from the hearing by such commissioners, they shall proceed to assess the actual damages accruing to the owner or occupant of the land by reason of the construction thereon of the proposed works, and to report the same in writing to the county judge, who shall immediately cause such report to be filed in the office of the clerk of the county court.
Sec. 9. Within ten days from the filing of such report, either party may move, upon good cause shown by affidavits, to vacate and set aside the same; and if set aside, a new commission shall be appointed by the county judge, which shall proceed to hear and determine, in all respects, as is provided in case of the original commission.
Sec. 10. After the lapse of ten days from the filing of such report, if no motion to vacate the same is made, or if, being made, it is denied, or after the lapse of ten days from the filing of the report of the new commission, as provided in the last section, the county judge shall proceed to make an order upon the same, condemning so mueb of the land as he shall deem necessary for such canal and other works. Such order shall declare the sum to be paid by way of damages by such company, and shall award to such company the right to occupy such land and construct the proposed works upon payment by it to such owner or occupant of the sum so provided, which said order shall be duly filed in the office of the clerk of such county court; and from the date of the payment of such sum to such owner or occupant, the said company shall have full right and authority to enter upon such land, and to proceed with the erection and construction of its proposed works along such route and upon such site.
Sec. 11. The commissioners appointed in pursuance of this aet shall each be entitled to receive five dollars per day for every day they shall be actually engaged in the business of the commission; and witnesses summoned and sworn before the same shall receive such fees and mileage as are allowed to witnesses in ordinary proceedings at law.
Sec. 12. Every company organized in pursuance of this act shall construct and keep in good repair, at all times, for public use, the various bridges across any canal or ditch owned by it, required by the board of supervisors of the county wherein such crossing is situated, such bridge being on the line or crossing a public highway or county road, and necessary for public use.
Sec. 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its passage.
An act supplemental to an act entitled “An act to authorize the in
corporation of canal campanies, and to provide for the construction of canals and ditches," approved April second, one thousand eight hundred and seventy.
[Approved March 30, 1872; Stats. 1871-72, p. 732.] Section 1. Corporations may be formed under the provisions of
act entitled “An act to provide for the formation of corporations for certain purposes, approved April fourteenth, eighteen hundred and fifty-three, and of the several acts amendatory thereof and supplementary thereto, for the following purposes, namely: the construction of canals, ditches and flumes, for the transportation of passengers or of freight, or of both passengers and freight, for supplying water for irrigation, for procuring water power, for conveying water for mining or manufacturing or agricultural purposes, or for any or all of such purposes combined.
Sec. 2. Any company organized in pursuance of this act, or any conrpany organized under any pre-existing acts for similar purposes
, shall have power to locate and fix upon the line or route of its proposed ditch, canal, or flume, and select the site or sites of its proposed dams, embankments, and reservoirs, in conformity with the designation of its engineer or business manager.
Sec. 3. After the lapse of ten days from the filing of the report of the commissioners, if no motion to vacate the same is made, or if, being made, it is denied, or after the lapse of ten days from the filing of the report of a new commission as provided in the act to which