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printed list showing, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the term 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. Am'd. 1900-01, 5.
8 517. Toll gatherer may detain persons until they pay toll. 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.,
Cal.Rep.Cit. 57, 602.
$ 518. Toll gatherer not to detain any person unnecessarily. Every toll gatherer who, at any gate, unreasonably kinders or delays any traveler or passenger liable to the pay. ment 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.
$ 519. Persons avoiding tolls to pay five dollars. 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 of fense forfeits the sum of five dollars to the corporation injured. En. March 21, 1872.
$ 520. Penalties for trespasses on property of corpora. tion. Every person who:
1. Willfully breaks, cuts down, defạces, 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.
$ 521. Revenue, how appropriated. Tolls to be reduced, etc. The entire revenue derived from the road shall be appropriated: first, to repayment to the corporation of the costs 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. Am'd. 1873-4, 215.
$ 522. May mortgage and hypothecate corporate property. 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.
Cal.Rep.Cit. 80, 341.
$ 523. This title applies to natural persons as well as corporations. 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.
Cal.Rep.Cit. 79, 168; 80, 341; 98, 313.
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. Damages for failing to report. $ 531. This title to apply to natural persons alike with corpora
$ 528. Corporation to obtain license from supervisors. 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.
Cal.Rep.Cit. 136, 49.
$ 529. In what contingencies corporate existence ceases. 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 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.
$ 530. President and secretary to make annual report, and what to contain. Damages for failing to report. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, re. port 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.
$ 531. This title to apply to natural persons alike with corporations. 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.
Cal.Rep.Cit. 98, 314. General provisions: Public ferries and toll bridges, Pol. Code, secs. 2843-2895; wharves, chutes, and piers, Pol. Code, secs. 2906-2921.
TELEGRAPH CORPORATIONS. 530. 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. $ 540. May dispose of certain rights.
541. Rates of charges to be fixed, and how published. (Repealed.)
$ 536. May use right of way along waters, roads, and highways. 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 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.
For an act to facilitate telegraphic communication between America and Asia, approved February 13, 1872, see Stats. 1871-2, 97.
Telegraph companies are common carriers: See secs. 2207 et seg.
8 537. Persons liable for damages for injuring telegraph property. 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.
Cal.Rep.Cit. 82, 602.
8 538. Party guilty of willful and malicious injury liable to one hundred times actual damages. And 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