TITLE VII. 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 recov ered. $540. May dispose of certain rights. $541. Rates of charges to be fixed, and how published. [Repealed.] Legislation Title VII. 1. Enacted March 21, 1872, and then contained §§ 536-541. 2. Repealed and a new title substituted by Stats. 1905, p. 491, the title of the act reading, "An Act to repeal Title VII of Part IV of Division First of the Civil Code and each and every section of such title, and to substitute a new Title VII to take the place thereof in said code, relating to telegraph and telephone corporations." See post, tit. "Legislation," under the respective sections of the title. § 536. May use right of way along waters, roads, and highways. 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. Legislation § 536. 1. Enacted March 21, 1872; based on Stats. 1857, p. 171, § 1. 2. Repealed by Stats. 1905, p. 492, in repealing Title VII, and reenacted and amended by the same act, adding (1) "or telephone" after "Telegraph" in first line, and (2) "or telephone lines" after "lines of telegraph" in second line. See ante, Legislation Title VII. § 537. Liability for damaging telegraph or telephone property. 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. Legislation § 537. 1. Enacted March 21, 1872; based on Stats. 1850, p. 347, § 152; Stats. 1857, p. 171, § 2; Stats. 1862, p. 290, § 8. 2. Amendment by Stats. 1901, p. 374; unconstitutional. See note, § 4, ante. 3. Repealed by Stats. 1905, p. 492, in repealing Title VII, and reenacted and amended by the same act, adding "or telephone" after "telegraph" in both instances. See ante, Legislation Title VII. § 538. Penalty for willfully or maliciously injuring telegraph or telephone property. 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. Legislation § 538. 1. Enacted March 21, 1872; based on Stats. 1862, p. 290, § 8. 2. Amendment by Stats. 1901, p. 374; unconstitutional. See note, § 4, ante. 3. Repealed by Stats. 1905, p. 492, in repealing Title VII, and reenacted and amended by the same act, adding "or telephone" after "telegraph." See ante, Legislation Title VII. § 539. Conditions on which damage to subaqueous cable may be recovered. No telegraph or telephone corporation can recover damages for the breaking or injuring of any subaqueous telegraph or telephone 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 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. Legislation § 539. 1. Enacted March 21, 1872; based on Stats. 1857, p. 171, § 3. 2. Amendment by Stats. 1901, p. 375; unconstitutional. See note, § 4, ante. 3. Repealed by Stats. 1905, p. 492, in repealing Title VII, and reenacted and amended by the same act, (1) adding "or telephone" after "telegraph" in both instances, and (2) changing "injury" to "injuring" after "breaking or." See ante, Legislation Title VII. § 540. May dispose of certain rights. Any telegraph or telephone 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. Legislation § 540. 1. Enacted March 21, 1872; based on Stats. 1861, p. 84, § 6. 2. Amendment by Stats. 1901, p. 375; unconstitutional. See note, § 4, ante. 3. Repealed by Stats. 1905, p. 492, in repealing Title VII, and reenacted and amended by the same act, adding "or telephone" after "telegraph." See ante, Legislation Title VII. § 541. Rates of charges to be fixed, and how published. [Repealed 1874; Code Amdts. 1873-74, p. 216.] Legislation § 541. 1. Enacted March 21,. 1872. TITLE VIII. Water and Canal Corporations. $548. Corporation may obtain contract to supply city or town. $549. Must furnish water for family use upon demand. Supervisors may prescribe rules. $550. Right to use streets, ways, alleys, and roads. § 551. Construction of canal, etc. $552. Right of purchasers to use water for irrigating. [Repealed.] § 548. Corporation may obtain contract to supply city or town. No corporation formed to supply any city, city and county, or town with water must do so unless previously authorized by an ordinance of the authorities thereof, or unless it is done in eonformity with a contract entered into between the city, city and county, or town and the corporation. Contracts so made are valid and binding in law, but do not take from the city, city and county, or town the right to regulate the rates for water, nor must any exclusive right be granted. No contract or grant must be made for a term exceeding fifty years. Water rights: See post, §§ 1410 et seq. Legislation § 548. Enacted March 21, 1872; based on Stats. 1852, p. 171, § 3. § 549. Must furnish water for family use upon demand. Supervisors may prescribe rules. All corporations formed to supply water to cities or towns must furnish pure fresh water to the inhabitants thereof, for family uses, so long as the supply permits, at reasonable rates and without distinction of persons, upon proper demand therefor; and must furnish water to the extent of their means, in case of fire or other great necessity, free of charge. The board of supervisors, or the proper city or town authorities, may prescribe proper rules relating to the delivery of water, not inconsistent with the laws of the state. [Amendment approved 1905; Stats. 1905, p. 580.] Legislation § 549. 1. Enacted March 21, 1872 (based on Stats. 1858, p. 219, § 4), (1) the first sentence reading as at present, (2) the section thereafter reading, "The rates to be charged for water must be determined by a board of commissioners, to be selected as follows: Two by the city and county, or city or town authorities, and two by Civ. Code-17 the water company; and in case they cannot agree to the valuation they must choose a fifth member of the board; if the four commissioners cannot agree upon a fifth, then the county judge of the county must appoint such fifth person. The decision of the majority of the board determines the rates to be charged for water for one year, and until new rates are established. The board of supervisors, or the proper city or town authorities, may prescribe other proper rules relating to the delivery of water, not inconsistent with the laws of this state." 2. Amended by Code Amdts. 1873-74, p. 216, (1) the first sentence reading same as in the original code section and as at present; (2) the second and third sentences of the original code section being changed to read, "The rates to be charged for water must be determined by commissioners, to be selected as follows: two by the city and county or city or town authorities, or when there are no city or town authorities, by the board of supervisors of the county, and two by the water company; and in case a majority cannot agree to the valuation, the four commissioners must choose a fifth commissioner; if they cannot agree upon a fifth, then the county judge of the county must appoint I such fifth person. The decision of the majority of the commissioners shall determine the rates to be charged for water for one year, and until new rates are established"; (3) the final sentence reading as at present. 3. Amendment by Stats. 1901, p. 375; unconstitutional. See note, § 4, ante. 4. Amended by Stats. 1905, p. 580; the code commissioner saying, "The change consists in the omission of the two sentences following the word 'charge,' said sentences having been superseded by the provisions of the constitution of 1879, providing for the mode in which water rates shall be fixed." § 550. Right to use streets, ways, alleys, and roads. [Repealed 1905; Stats. 1905, p. 580.] Legislation § 550. 1. Enacted March 21, 1872. 2. Repeal by Stats. 1901, p. 375; unconstitutional. See note, § 4, ante. 3. Repealed by Stats. 1905, p. 580; the code commissioner saying, "This section is an expression of the constitutional provisions found in the constitution of 1879, respecting the right of corporations to use streets for laying water-pipes, and is, therefore, repealed." § 551. Construction of canal, etc. No canal, flume, or other appliance for the conducting of water must be so laid, constructed, or maintained as to obstruct any public highway; and every person or corporation owning, maintaining, operating, or using any such canal, flume, or appliance, crossing or running along any public highway, must construct, maintain, and keep in repair such bridges across the same as may be necessary to the safe and convenient use of such highway by the public; and on failure so to do, the board of supervisors of the county, after seven days' notice in writing to said person or corporation, may construct or repair such bridge or bridges, and recover of such person or corporation the amount of the expenditure made in so doing. [Amendment approved 1905; Stats. 1905, p. 580.] Canal and ditch corporations. See act of May 14, 1862 (Stats. 1862, p. 540); act of April 2, 1870 (Stats. 1869-70, p. 660); act of March 30, 1872 (Stats. 1871-72, p. 732). These acts were probably repealed by $288, Civil Code. Legislation § 551. 1. Enacted March 21, 1872 (based on Stats. 1862, p. 541, § 4), and then read: "Every water or canal corporation must construct and keep in good repair, at all times, for public use, across their canal, flume, or water-pipe, all of the bridges that the board of supervisors of the county in which such canal is situated may require, the bridges being on the lines of public highways and necessary for public uses in connection with such highways; and all water-works must be so laid and constructed as not to obstruct public highways." 2. Amendment by Stats. 1901, p. 375; unconstitutional. See note, § 4, ante. 3. Amended by Stats. 1905, p. 580; the code commissioner saying, "The design of the amendment is to better express the purpose of the section and to remove the objections that it may be unconstitutional in vesting the supervisors with an arbitrary power to require or not require bridges, and to supply the present defect in not providing any means of coercing the performance of the duty created." § 552. Right of purchasers to use water for irrigating. Whenever any corporation, organized under the laws of this state, furnishes water to irrigate lands which said corporation has sold, the right to the flow and use of said water is and shall remain a perpetual easement to the land so sold, at such rates and terms as may be established by said corporation in pursuance of law. And whenever any person who is cultivating land on the line and within the flow of any ditch owned by such corporation, has been furnished water by it with. which to irrigate his land, such person shall be entitled to the continued use of said water, upon the same terms as those who have purchased their land of the corporation. Act regulating sale, rental and distribution of appropriated water: See post, Appendix, tit. "Water Companies." Irrigation. Statutes relating to: See General Laws, tit. "Irrigation.” Legislation § 552. Added by Code Amdts. 1875-76, p. 77. |