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veniently read, a printed list showing, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the terms of duration of said franchise; second, the date upon which rates of tolls were last fixed by the board of supervisors; and, third, the rates of tolls levied and demanded. Failure to comply with the provisions of this act shall work an immediate forfeiture of franchise. En. March 21, 1872. Amd. 1900-01, 5.

Legislative History.

This, and the following four sections are based on sections 30, 29, 31, 33, and 32, respectively, of the turnpike act of 1853, page 176. The original section provided only for notice of the rates of tolls, and contained no penalty as above.

TOLL GATHERER MAY DETAIN PERSONS UNTIL THEY PAY

TOLL. Sec. 517, C. C. Each toll gatherer may prevent from passing through his gate persons leading or driving animals or vehicles subject to toll, until they shall have paid, respectively, the tolls authorized to be collected. En. March 21, 1872.

Legislative History.

For basis of section, see sec. 516, C. C., supra.

TOLL GATHERER NOT TO DETAIN ANY PERSON UNNECES

SARILY. Sec. 518, C. C. Every toll gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger liable to the payment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twenty-five dollars to the person aggrieved. En. March 21, 1872.

Legislative History.

For basis of section, see sec. 516, C. C., supra.

PERSONS AVOIDING TOLLS TO PAY FIVE DOLLARS.

Sec. 519, C. C. Every person who, to avoid the payment of the legal toll, with his team, vehicle, or horse, turns out of a wagon, turnpike, or plank road, or passes any gate thereon or ground adjacent thereto, and again enters upon such road, for each offense forfeits the sum of five dollars to the corporation injured. En. March 21, 1872.

Legislative History.

For basis of section, see sec. 516, C. C., supra.

PENALTIES FOR TRESPASSES ON PROPERTY OF CORPORA

TION.
Sec. 520, C. C. Every person who:

1. Willfully breaks, cuts down, defaces, or injures, any milestone or post on any wagon, turnpike, or plank road; or,

2. Willfully breaks or throws down any gate on such road; or,

3. Digs up or injures any part of such road, or anything thereunto belonging; or,

4. Forcibly or fraudulently passes any gate thereon without having paid the legal toll;

For each offense forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act. En. March 21, 1872.

Legislative History.

For basis of section, see sec. 516, C. C., supra.

REVENUE, HOW APPROPRIATED-TOLLS TO BE REDUCED,

ETC. Sec. 521, C. C. The entire revenue derived from the road shall be appropriated; first, to repayment to the corporation of the cost of its construction, together with the incidental expenses incurred in collecting tolls and keeping the road in repair; and, second, to the payment of the dividend among its stockholders, as provided in section five hundred and fourteen. When the repayment of the cost of construction is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay said dividend, and incidental expenses, and to keep the road in good repair. En. March 21, 1872. Amd. 1873-74, 215.

Legislative History.

Section 4 of the wagon road act of 1853, page 114, is the basis of this section. The original section is as follows: “Sec. 521. The entire revenue derived from the road shall be appropriated; First, to repayment to the corporation the costs of its construction, with fifteen per cent per annum interest thereon, together with the incidental expenses incurred in collecting tolls and keeping the road in repair. When the repayment is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay in. cidental expenses, and to keep the road in good repair.

“The amendment in the text was evidently drawn in conjunction with and refers to the amendment in the same act of section 514. The amendment seems to have been superseded, and in fact never to have taken effect. See note to section 514, C. C., ante."

MAY MORTGAGE AND HYPOTHECATE CORPORATE PROP.

ERTY. Sec. 522, C. C. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair their road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two-thirds of the capital stock subscribed. En. March 21, 1872.

Legislative History.

Section 19 of the turnpike act of 1853, page 173, is the basis of this section.

Section Cited.

Welsh v. Plumas Co., 80 Cal. 341, 22 Pac. 254.

Annotation.

Mortgage of Corporate Property. It requires two-thirds vote of stockholders to authorize mortgage, and requires two-thirds vote to ratify mortgage improperly issued. (Forbes v. San Rafael Turnpike Co., 50 Cal. 340.)

It is competent for majority of stockholders at stockholders' meeting, to authorize issuance of note by board of directors. Although note is issued without authority of board of directors, a subsequent resolution adopted by majority of stockholders levying assessment to pay the note is a ratification, and makes the note the note of the corporation. (Forbes v. San Rafael T. Co., 50 Cal. 340.)

Interest of Corporation in Land. - A turnpike company can hold 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.

Section Cited.

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.

Annotation.

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.)

TITLE VI.

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.

Legislative History.

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.

Section Cited.

Los Angeles etc. Co. v. So. Pac. R. R. Co., 136 Cal. 49, 68 Pac. 308.)

Annotation.

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

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