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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 a like term consecutively to perform the duties imposed by law. [Amendment approved March 21, 1905; in effect in sixty days.]
136 Cal. 49. Note.—$ 529. The change consists in the insertion of the words "or other governing body having authority in that behalf,” after “Supervisors.”
$ 530. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the Board of Supervisors, or other governing body having authority in that behalf, of the county in which the articles of incorporation are filed :
1. The cost of constructing and providing all necessary appendages and appurtenances for its 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 its 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 or other governing body having authority in that behalf 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 or other governing body having 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. [Amendment approved March 21, 1905; in effect in sixty days.]
Note.—$ 530. The change consists in the insertion of the words "or other governing body having authority in that behalf," after “Supervisors.”
$ 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.
98 Cal. 314.
Section 1 of the Act approved March 20, 1905 (in effect in sixty days), reads as follows:
SECTION 1. Title VII of Part IV of Division First of the Civil Code and each and every section of such title are hereby repealed, and a new Title VII is substituted in place thereof in said code, to read as follows:
Telegraph and Telephone Corporations. 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.
$ 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. [Repealed and substituted; approved March 20, 1905 ; in effect in sixty days.]
Note.-$$ 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.
§ 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. [Repealed and substituted ; approved March 20, 1905; in effect in sixty days.]
82 Cal. 602. Note.See note to s 536.
$ 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. [Repealed and substituted; approved March 20, 1905; in effect in sixty days.]
Note.-See note to § 536. $ 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. [Repealed and substituted; approved March 20, 1905 ; in effect in sixty days.]
Note.See note to § 536.
§ 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. [Repealed and substituted ; approved March 20, 1905 ; in effect in sixty days.]
Note. See note to § 536.
Water and Canal Corporations.
Corporations may obtain contract to supply city or
$ 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.
$ 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. [Amendment approved March 21, 1905; in effect in sixty days.]
52 Cal. 134. 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.
$ 550. [Repealed March 21, 1905; in effect in sixty days.]
Note.—8 550. This section was an expression of the constitutional provisions found in the Constitution of 1849, respecting the right of corporations to use streets for laying water pipes.
§ 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 constructor repair such bridge or bridges, and recover of such person or corporation the amount of the expenditure made in so doing. [Amendment approved March 21, 1905 ; in effect in sixty days. ]
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.
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. [Amendment in effect April 3, 1876.]
56 Cal. 440; 90 Cal. 286; 112 Cal. 434; 129 Cal. 448 ; 130 Cal. 313; Cal. App. R. 2, 413.