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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. En. March 21, 1872.
The basis of this section and the following sections is sections 169 and 170-173, respectively, of the corporation act of 1850, relating to bridge companies.
PRESIDENT AND SECRETARY TO MAKE ANNUAL REPORT,
AND WHAT TO CONTAIN-DAMAGES FOR FAILING TO
REPORT. Sec. 530, C. C. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the board of supervisors of the county in which the articles of incorporation are filed :
1. The cost of constructing and providing all necessary appendages and appurtenances for their 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 their 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 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. 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 to the district attorney who must commence an action therefor. En. March 21, 1872.
For basis of this section, see sec. 529, C. C., supra.
THIS TITLE TO APPLY TO NATURAL PERSONS ALIKE WITH
CORPORATIONS. Sec. 531, C. C. When a bridge, ferry, wharf, chute, or pier is constructed, operated, or owned by a natural person, this title is applicable to such persons in like manner as it is applicable to corporations. En. March 21, 1872.
General Provisions: Public ferries and toll bridges, Pol. Code, sece. 2843-2895; wharves, chutes, and piers, Pol. Code, secs. 2906-2921.
Gregory v. Blanchard, 98 Cal. 314.
§ 536. May use right of way along waters, roads, and highways. $ 537. Persons liable for damages for injuring telegraph property. § 538. Party guilty of willful and malicious injury liable to one
hundred times actual damages. $ 539. Conditions on which damage to subaqueous cable may be
recovered. 3540. May dispose of certain rights. $ 541. Rate of charges to be fixed, and how published. (Repealed.)
MAY USE RIGHT OF WAY ALONG WATERS, ROADS, AND
HIGHWAYS. Sec. 536, C. C. Telegraph corporations may construct lines of telegraph along and upon any public road or highway, along or across any of the waters or lands within the 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.
For an act to facilitate telegraphic communication between America and Asia, approved February 13, 1872, see Stats. 1871-72, 97.
Telegraph companies are common carriers: See sec. 2207 et seq., C. C.
Section 1 of the telegraph act of 1857, page 171, is the basis of this section.
Telegraph Companies, Generally.—Under provisions of Civil Code, telegraph companies are not common carriers, but must use “great care and diligence in the transmission and delivery of messages." (Hart v. Western Union Tel. Co., 66 Cal. 579, 56 Am. Rep. 119, 6 Pac. 637. To same effect: Western Union Co. v. Hyer, 1 Am. St. Rep. 228, and note, 229. Note citation: Western Union v. Cooper, 10 Am. St. Rep. 786.)
Stipulation limiting liability of telegraph companies for mistakes or delay in transmission or delay of message held reasonable and sufficient to shift burden of proof of negligence. (Hart v. Western Union Telegraph Co., 66 Cal. 579, 56 Am. Rep. 119, 6 Pac. 637.)
PERSONS LIABLE FOR DAMAGES FOR INJURING TELEGRAPH
PROPERTY. Sec. 537, C. C. Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph 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 corporation, subjects its owner to the damages hereinbefore specified. En. March 21, 1872.
Section 152 of the act of 1850, page 347, section 2 of the act of 1857, page 117, and section 8 of the act of 1862, page 290, contained similar provision to the above.
PARTY GUILTY OF WILLFUL AND MALICIOUS INJURY LIA
BLE TO ONE HUNDRED TIMES ACTUAL DAMAGES. Sec. 538, C. C. Any person who willfully and maliciously does any injury to any telegraph 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.
Section 8 of the telegraph act of 1862, page 290, is the basis of this section.
CONDITIONS ON WHICH DAMAGE TO SUBAQUEOUS CABLE
MAY BE RECOVERED. Sec. 539, C. C. No telegraph corporation can recover damages for the breaking or injury of any subaqueous telegraph 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 cable lies, and publishes for cne 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.
Section 3 of the telegraph act of 1857, page 171, is the basis of this section.
MAY DISPOSE OF CERTAIN RIGHTS.
Sec. 540, C. C. Any telegraph 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. En. March 21, 1872.
Section 6 of the act of 1861, page 84, is the basis of this section.
RATES OF CHARGES TO BE FIXED, AND HOW PUBLISHED.
(Repealed.) Sec. 541, C. C. En. March 21, 1872. Rep. 1873-74, 216.
The section repealed reads as follows: “Sec. 541. Every telegraph corporation must fix uniform rates of charges for transmitting mes. sages proportionate to the number of miles the same are sent, which must be uniform throughout the state, and publish them by posting such rates at each of their offices in use.