TITLE VII,

Old title repealed and new title added March 20, 1905. Stats. 1905,

492.

TELEGRAPH AND TELEPHONE CORPORATIONS.

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

Sec. 536, C. C. 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. En. March 21, 1872. Rep. 1905, 492. En. 1905, 492.

Legislative History.

Sections 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.-Code Commissioner's Note.

LIABILITY FOR DAMAGING TELEGRAPH OR TELEPHONE

PROPERTY.

Sec. 537, C. C. 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 herein before specified. En. March 21, 1873. Rep. 1905, 492. En. 1905, 492.

Legislative History.

See section 536, Civil Code, ante.

PENALTY FOR WILLFULLY OR MALICIOUSLY INJURING TELEGRAPH OR TELEPHONE PROPERTY.

Sec. 538, C. C. 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. En. March 21, 1872. Rep. 1905, 492. En. 1905, 492.

Legislative History.

See section 536, Civil Code, ante.

CONDITIONS ON WHICH DAMAGE TO SUBAQUEOUS CABLE MAY BE RECOVERED.

Sec. 539, C. C. 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. En. March 21, 1872. Rep. 1905, 492. En. 1905, 492.

Legislative History.

See section 536, Civil Code, ante.

MAY DISPOSE OF CERTAIN RIGHTS.

Sec. 540, C. C. Any telegraph or telephone corporation may at any time, with the consent of the persons holding twothirds 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. En. March 21, 1872. Rep. 1905, 492. En. 1905, 492.

Legislative History.

See section 536, Civil Code, ante.

MUST FURNISH WATER FOR FAMILY USE UPON DEMAND.

Sec. 549, C. C. 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. En. March 21, 1872. Amd. 1873-74, 216; 1905, 580..

Legislative History.

The change consists in the omission of the two sentences following the word "charge," which are now 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.-Code Commissioner's Note.

RIGHT TO USE STREETS, ETC.

Sec. 550, C. C. En. March 21, 1872. Rep. 1905, 580.

Legislative History.

This section is an expression of the constitutional provisions found in the Constitution of 1849, respecting the right of corporations to use streets for laying water pipes.-Code Commissioner's Note.

CONSTRUCTION OF CANAL, ETC.

Sec. 551, C. C. 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. En. March 21, 1872. Amd. 1905, 580.

Legislative History.

The design of the amendment is to better express the purpose of the present 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 present defect in not providing any means of coercing the performance of the duty created. Code Commissioner's Note.

RIGHT OF PURCHASER TO USE WATER FOR IRRIGATION.

Sec. 552, C. C.

Public Use Agency for State.-Canal company engaged in distribution of water for irrigation and domestic uses is an agent of the state in the administration of a public use. (Crescent Canal Co. v. Montgomery, 143 Cal. 248, 76 Pac. 1032.)

Rights of Way. Where canal company completed canal across land of stockholders with their knowledge and tacit consent they are estopped to abate, destroy, or injure the canal on ground that compensation was not first paid for right of way, and successors taking with knowledge have no greater right than original owners. (Crescent Canal Co. v. Montgomery, 143 Cal. 248, 76 Pac. 1032.)

CORPORATIONS, BANKING; AMOUNT OF CAPITAL STOCK REQUIRED.

Sec. 580, C. C. No savings bank, or bank, or banking corporation, shall be incorporated in this state and conduct such

banking business in a city or town of five thousand inhabitants or under with a capital stock of less than twenty-five thousand dollars, or in a city or town of over five thousand and not exceeding ten thousand inhabitants with a capital stock of less than fifty thousand dollars, or in a city or town of over ten thousand and not exceeding twenty-five thousand inhabitants with a capital stock of less than one hundred thousand dollars, or in a city or town of over twenty-five thousand inhabitants with a capital stock of less than two hundred thousand dollars. Before the secretary of state issues to any corporation that proposes to do a banking business his certificate of the filing of the articles of incorporation, there must be filed in his office the affidavit of the persons named in said articles as the first directors of the corporation, that all the capital stock has been actually and in good faith subscribed, and at least fifty per centum thereof paid, in lawful money of the United States, to a person in such affidavit named, for the benefit of the corporation. The remainder of the capital stock required by law must be paid in within two years after said banking corporation receives its certificate of incorporation, and if not so paid said banking corporation shall not be authorized to do business; provided however, that the provisions of this section shall not apply to corporations now in existence. En. Stats. 1903, 87. Amd. 1905, 50%.

Legislative History.

The words "required by law" are inserted after "The remainder of the capital stock."

CORPORATIONS, BANKING, MUST BIENNIALLY REPORT TO BANK COMMISSIONERS STATEMENT OF UNCLAIMED DEPOSITS; PUBLICATION OF SAME.

Sec. 583b, C. C. The president of every savings bank, savings and loan society, and every other bank, depository, society, or institution in which deposits of money are made, whether any interest or dividend is paid, or agreed to be paid, thereon or not, must, within fifteen days after the first day of January of every odd-numbered year, return to the board of bank commissioners a sworn statement showing the amount placed to his credit, the last known place of residence or postoffice