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or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city, or town, for the use of bicycles, tricycles, motorcycles, and other like horseless vehicles, for a term not exceeding fifty years. In incorporated cities no franchise must be granted for the purpose herein erpressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street along which said path or road is sought to be constructed, is first had and obtained, and filed with such legislative or governing body. En Stats. 1905, 578.

Legislative History.

The statute of 1897, page 191, authorizing municipal corporations to construct paths and roads for the use of bicycles and other horseless vehicles, is codified in this section.—Code Commissioner's Note.

TOLL NOT BE COLLECTED WITHOUT AUTHORITY.

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, or other governing body having authority in that behalf. En. March 21, 1872. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words "or other gov. erning body having authority in that behalf,” after “supervisor." Code Commissioner's Note.

CORPORATE EXISTENCE CEASES, WHEN.

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, or other governing body having authority in that he half; and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute, or pier, and actu

ally 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. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words "or other gov. erning body having authority in that behalf,' after supervisors." Code Commissioner's Note.

ANNUAL REPORT TO SUPERVISORS.

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, 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. En. March 21, 1872. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words " or other gor. erning body having authority in that behalf,”' after "supervisors." Code Commissioner's Note.

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 re

covered. $ 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

PROF Y. 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 hereinbefore 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, imless 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.

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