six months, or by both such fine and imprisonment. [As amended by Laws of 1883, ch. 237.] 9. Penalty for personating officer. § 6. Any person who shall falsely personate or represent himself to be the officer, agent or workman of any such corporation, and by such false personation or representation shall seek to enter any dwelling, store, building, room or place shall, on conviction thereof, be deemed guilty of felony, and imprisoned at hard labor in the state prison for a term not exceeding five years. See BUSINESS, MANUFACTURES, II., PIPE LINE. STORING. See BUILDING, III., MANUFACTURES, II., SAFE DEPOSIT, OIL, PIPE LINE, WAREHOUSE. TELEGRAPH COMPANIES. 1. Lines may be constructed; injury to them punished. (Laws of 1845, ch. 243-An act to facilitate the construction of Morse's electro-magnetic telegraph.) SECTION 1. The proprietors of the patent right of Morse's electro-magnetic telegraph may be and hereby are authorized to construct lines of said telegraph from point to point and across any of the waters within the limits of this state, by the erection of posts, piers or butments for sustaining the wires of the same: Provided, that the same shall not in any instance be so constructed as to endanger or injuriously interrupt the navigation of such waters; and provided also, that the private rights of individuals shall be in nowise impaired by the provisions of this act; nor shall this act authorize the construction of any bridge or other similar erection across any of the streams or waters in this state. Any person or persons who shall knowingly or wilfully injure, molest or destroy any of said lines, or the materials or property pertaining thereto, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by fine or imprisonment, or both, at the discretion of the court which shall have and take cognizance thereof. 2. Right to repeal. § 2. The legislature may, at any time, alter, modify or repeal this act, and the same shall take effect immediately. 3. Associations, how to be formed. (Laws of 1848, ch. 265-An act to provide for the incorporation and regulation of telegraph companies.) SECTION 1. Any number of persons may associate for the purpose of constructing a line of wires of telegraph through this state, or from and to any point within this state, upon such terms and conditions, and subject to the liabilities prescribed in this act. 4. Certificate to be made. §2. Such persons under their hands and seal, shall make a certificate which shall specify, 1. The name assumed to distinguish such association, and to be used in its dealings, and by which it may sue and be sued ; 2. The general route of the line of telegraph, designating the points to be connected; 3. The capital stock of such association, and the number of shares into which the stock shall be divided; 4. The names and places of residence of the shareholders, and the number of shares held by each of them respectively; 5. The period at which such association shall commence and terminate; which certificate shall be proved or ac knowledged, and recorded in the office of the clerk of the county where any office of such association shall be established, and a copy thereof filed in the office of the secretary of state. Such acknowledgment may be taken by any officer authorized to take the acknowledgment of deeds of real estate, at the place where such acknowledgment is taken. 5. When to become bodies corporate. § 3. Upon complying with the provisions of the last preceding section, such association shall be, and hereby is declared to be a body corporate, by the name so as aforesaid to be designated in said certificate; and a copy of said certificate duly certified by the clerk of the county, where the same is filed and recorded, or by the secretary of state, may be used as evidence in all courts and places, for and against any such association. 6. Real estate. § 4. Such association shall have power to purchase, receive and hold, and convey such real estate, and such only, as may be necessary for the convenient transaction of the business, and for effectually carrying on the operations of such association, and may appoint such directors, officers and agents, and make such prudential rules, regulations and by-laws, as may be necessary in the transaction of their business, not inconsistent with the laws of this state or of the United States. 7. Lines may be constructed. 5. Such association is authorized to construct lines of telegraph along and upon any of the public roads and highways, or across any of the waters within the limits of this state, by the erection of the necessary fixtures, including posts, piers or abutments, for sustaining the cords or wires of such lines; provided the same shall not be so constructed as to incommode the public use of said roads or highways, or injuriously interrupt the navigation of said waters; nor shall this act be so construed as to authorize the construction of any bridge across any of the waters of this state. 8. Provision in case of persons being aggrieved. § 6. If any person over whose lands said lines shall pass, upon which said posts, piers or abutments shall be placed, shall consider himself aggrieved or damaged thereby, it shall be the duty of the county court of the county within which said lands are on the application of such person, and on notice to said association (to be served on the president or any director), to appoint five discreet and disinterested persons as commissioners, who shall severally take an oath before any person authorized to administer oaths, faithfully and impartially to perform the duties required of them by this act: And it shall be the duty of said commissioners, or a majority of them, to make a just and equitable appraisal of all the loss or damage sustained by said applicant, by reason of said lines, posts, piers or abutments; duplicates of which said appraisement shall be reduced to writing and signed by said commissioners, or a majority of them; one copy shall be delivered to the applicant, and the other to the president, or any director or officer of said association or corporation, on demand; and in case any damage shall be adjudged to said applicant, the association or corporation shall pay the amount thereof, with costs of said appraisal, said costs to be liquidated and ascertained in said award; and said commissioners shall receive, for their services, two dollars for each day they are actually employed in making said appraisement. 751 9. Injury to lines or posts a misdemeanor; necessary interruptions, when excepted. 87. Any person who shall injure, molest or destroy any of said lines, posts, piers or abutments, or the materials or property belonging thereto, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year, or both, at the discretion of the court before which the conviction shall be had. In cases where, from necessity, by reason of the removal of houses or other like causes, the said telegraph lines are interrupted, broken or interfered with, if the person causing such interruption shall have given twenty four hours' previous notice, in writing, to any agent of the company to whom the lines belong, he shall be exempt from the effects of the penalty herein provided, and not otherwise. [Thus amended by Laws of 1870, ch. 491.]* 10. Increase of capital stock. § 8. It shall be lawful for any association of persons organized under this act, by their articles of association, to provide for an increase of their capital and the number of shares the capital stock of the association. But if any such association shall have omitted to so provide for an increase of their capital, it shall be lawful, after notice of the intention so to do, published once a week for six weeks successively, in the state paper, and in any newspaper of general circulation published in the county where the principal office of such company is located and, 66 * Under the Penal Code of 1882, § 639, a person who wilfully or maliciously displaces, removes, injures or destroys a line of telegraph or any part thereof, or any appurtenance or apparatus connected with the working of any magnetic or electric telegraph, or the sending or conveyance of messages by any such telegraph," is punishable by imprisonment for not more than two years. |