An Act granting rights of way for lines, roads, structures, levees, canals, and excavations to the United States, over the public lands of this State. [Approved March 21, 1907.] The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. A right of way is hereby granted over the public lands of this State, and over any public land which may hereafter become the property of this State, to the United States, for all telegraph, telephone, power or light lines, roads, railroads, tramways, dikes, levees, dams, mounds, embankments, tunnels, ditches or canals, or other works, structures or excavations requiring rights of way built, erected, excavated or constructed under the provisions of the Act of Congress, approved June 17, 1902, relating to irrigation and reclamation. SEC. 2. All patents or conveyances of such lands which may hereafter be located or filed on shall be issued subject to the rights of way herein provided for. REFERENCE TO STATUTES ENACTED PRIOR TO THE ACT ESTABLISHING A CIVIL CODE, which took effect at 12 o'clock noon on the 1st day of January, 1873. NOTE. In the case of Samuel G. Murphy, Respondent, vs. Pacific Bank, Appellant (119 Cal., p. 334), the opinion written by Supreme Court Commissioner Haynes and concurred in by Supreme Court Commissioners Chipman and Belcher (decision of the Court in accordance therewith, concurred in by Justices Garoutte, Harrison, and McFarland), reads as follows: * * * "It is further contended by respondent that the Act of 1862 was repealed by Section 288 of the Civil Code. That said Act was repealed so far that new corporations could not be formed under it, there is no doubt; but, so far as corporations theretofore formed under it were concerned, it remained in force, not only so far as might be necessary to sustain their existence as corporations, but to fix their character, define their powers, duties, obligations, and liabilities, except in so far as these were modified, altered, or repealed by inconsistent Code provisions relating to such corporations." * * * Section 288 of the Civil Code reads as follows: "§ 288. No corporation formed or existing before twelve o'clock, noon, of the day upon which this Code takes effect, is affected by the provisions of Part IV of Division First of this Code, unless such corporation elects to continue its existence under it as provided in Section 287; but the laws under which such corporations were formed and exist are applicable to all such corporations, and are repealed, subject to the provisions of this section." LIST OF STATUTES AFFECTED BY THE FOREGOING DECISION. Year. 1850 1850 1851 Page. 347 273 An Act to provide for the incorporation of col- 433 An Act to provide for the incorporation of mutual insurance companies, Page. Year. 1852 1853 87 171 An Act to provide for the incorporation of water 1853 99 114 An Act for the incorporation of wagon-road companies. Amended 1856, p. 71. 1853 1853 169 1853 An Act to authorize the formation of corporations for the construction of plank or turnpike roads. Amended 1854, p. 74; 1857, pp. 171, 280; 1858, pp. 145, 265. 274 An Act to amend an Act relating to corporations. (Relates only to those formed for the purpose of erecting Odd Fellows' halls.) 1857 75 1857 121 1858 57 1858 218 An Act to further extend the Act concerning corporations, passed April 22, 1850. An Act supplemental to an Act for formation of corporations. An Act to further extend the Act concerning An Act for the incorporation of water companies. 1859 93 An Act supplemental to Act of 1850, concerning corporations. An Act to authorize the incorporation of rural Year. 1861 1861 1862 1862 1863 Page. 567 An Act to authorize the formation of corporations to provide the members thereof with homesteads, or lots of land, suitable for homesteads. Supplemented 1863-4, p. 492. Amended 1867-8, p. 539; 1869-70, p. 474. Supplemented 1873-4, p. 525. 607 An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto. Amended 1862, pp. 498, 547; 1863, p. 610; 1865-6, p. 310; 1867-8, p. 705; 1869-70, p. 577. 199 An Act to provide for the formation of corporations for the accumulation and investment of funds and savings. (See also McGowan vs. McDonald, 111 Cal., p. 57.) Amended 1863-4, pp. 158, 531; 1865-6, p. 626. Supplemented 1867-8, p. 459. Amended 1869-70, p. 130; 1871-2, p. 132. 540 An Act to authorize the incorporation of canal companies, and the construction of canals. Amended 1865-6, pp. 53, 604. Supplemented 1865-6, p. 786. Amended 1867-8, p. 134. (See Act of 1869-70, p. 660. Supplemented 1871-2, p. 732.) 624 An Act in reference to library associations. Amended 1869-70, p. 366. 1865-6 469 1865-6 458 An Act concerning assessments upon stock of corporations. Supplemented 1869-70, p. 229. An Act to provide for the formation of chambers of commerce, boards of trade, mechanics institutes, and other kindred protective associations. Amended 1867-8, p. 5; 1885, p. 76. 1865-6 743 An Act relating to fire and marine insurance companies. Amended 1867-8, p. 330. 1865-6 752 An Act to provide for the incorporation of mutual insurance companies for the insurance of life and health, and against accidents. Amended 1867-8, pp. 330, 661; 1880, p. 229. 1867-8 204 An Act to provide for the incorporation of such institutions of learning, science and art, as may be established by the State. 1867-8 323 1869-70 71 1869-70 107 1869-70 523 1869-70 660 An Act prescribing certain conditions for the An Act relating to certificates of incorporation. rations for the accumulation of funds and An Act to authorize the incorporation of canal companies, and to provide for the construction of canals and ditches. Supplemented 1871-2, p. 732. 1869-70 726 An Act concerning corporations for charitable and beneficial purposes. 1869-70 822 An Act to provide for the formation of corpora tions for certain purposes. |