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stock subscribed has been paid in and invested in the con-
struction of the road and appurtenances, and then only after
an affirmative vote of two-thirds of the capital stock sub-
scribed.

Hi.story: Enacted March 21, 1872, founded on § 19 Act May
12, 1853, Stats. 1853, p. 173; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 373, held unconsti-
tutional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 578.

352



I



Tit. v.] FRANCHISES— HORSELESS VEHICLES. §§523,524

See Kerr's C^'C. C. C. for 7 pars, annotation.
SO C. 338, 341, 22 P. 254, 255 (construed and applied).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§523. THIS TITLE APPLIES TO NATURAL PERSOIVS
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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.
79 C. 166, 168, 21 P. 538 (construed and applied); 80 C. 338, 341,
22 P. 254, 255 (applied); 98 C. 311, 313, 33 P. 199, 200 (referred'
to in discussion).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§524. FRANCHISES GRANTED FOR CONSTRUCTION
OF ROADS FOR USE OF HORSELESS VEHICLES. The leg-
islative or other body to whom is intrusted the government
of any county, city and county, city, 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 vehi-
cles, for a term not exceeding fifty years.

Ill incorporated eities no francliise must be granted for the
purpose herein expressed, unless the consent in writing of
the owners of a majot-ity of the frontage upon the road or
street along which said path or road is sought to be con-
structed, is first had and obtained, and iiled with such legisla-
tive or governing body.

History: Enacted by Code Commission, Act. March 16, 1901,
Stats, and Amdts. 1900-1, p. 373, held unconstitutional, see his-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts. 1905,
p. 578.

Kerr's C. C. — 12 353



§ 528 CIVIL CODE. [Div.I,Pt.IV.



TITLE VI.

BRIDGES, FERRY, WHARF, CHUTE, AND PIER CORPO-
RATIONS.

§ 528. Toll not to be collected without authority.

§ 529. Corporate existence ceases, when.

§ 530. President and secretary to make annual report to super-
visors; what report must contain. Damages for failure
to report.

§ 531. This title to apply to natural persons alike with corpo-
rations.

§528. TOLL NOT TO BE COLLECTED WITHOUT
AUTHORITY. 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.

History: Enacted March 21, 1872, founded upon § 1 Act April
8, 1858, Stats. 1858, p. 120, as amended by § 1 Act 1870, Stats.
1869-70, p. 526; amended by Code Commission, Act March 16,
1901, Stats, and Amdts. 1900-1, p. 373, held unconstitutional,
see history, § 4 ante; amendment re-enacted March 21, 1905,
Stats, and Amdts. 1905, p. 579.

See Kerr's Cyc. C. C. for 6 pars, annotation.

136 C. 36, 49, 68 P. 308 (referred to).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Public ferries and toll-bridges — General provisions governing.
—See Kerr's Cyc. Pol. C. §§ 2843-2858, 2870-2881, 2892-2895 and
notes.

Wharves, chutes and piers — General provisions governing. —
S^e Kerr's Cyc. Pol. C. §§ 2906-2921 and notes.
FERRIES — GENERALLY.

Assignability of. — See 23 Cent. Dig. col. 902, § 43.

Boats, buildings and landings. — See 23 Cent. Dig. col. 920,
§ 67-69.

Contracts of. — See 59 L. 543-545.

Establishment — And maintenance of. — See 23 Cent. Dig. col.
863, §§ 1-73.

Sam,e — Regulation and protection of. — See 59 L. 513-555.

Exclusiveness of right. — See 59 L. 538-540.

Extent and exclusiveness of franchise. — See 23 Cent. Dig. col.
896, §§ 38-40.

354



)



Tit. VI.] FERRIES— GENERALLY. § 528

Exting-uishment of, by abandonment and other means. — See
59 L. 554, 555.

Ferries between states. — See 1 A. C. 110; 27 A. S. 555.

Ferryman — As common carrier. — See 68 L. 153-160.

Same — Rights and duties of. — See 59 L. 546-553.

Same — Same — Right to tolls. — See 59 L. 546.

Forfeiture of purpose for infringement. — See 23 Cent. Dig.
col. 908, § 52.

Franchises and privileg-es of. — See .23 Cent. Dig', col. 871,
§§9-66.

Grant or leave by public authority. — See 23 Cent. Dig-, col.
892, §§ 34-37.

Imputing carrier's negligence to passenger on. — See 8 L. N.
S. 622.

Infringement and disturbance of rights. — See 23 Cent. Dig.
col. 904, §§ 46-59.

Injunction against infringement of or injury to rights. — See
23 Cent. Dig. col. 912, § 59.

Injuries to ferry property. — See 23 Cent. Dig. col. 927, § 72.

Landings — Acquisition and rig^ht to use. — See 59 L. 535.

Legislative regulation of rates of toll. — See 33 L. 180.

Mode of transfer of. — See 23 Cent. Dig. col. 903, § 44.

Nature — And construction of franchise of. — See 23 Cent. Dig.
col. 871, §§ 9, 10.

Same — And extent of right of franchises. — See 1 A. C. 104.

Necessity of franchises for. — See 37 L. 712.

Offenses in maintaining or discontinuing. — See 23 Cent. Dig.
col. 927, § 73.

Over interstate streams, state grant of franchises for. — See
2 A. C. 691; 27 A. S. 555.

Persons who may acquire franchise. — See 59 L. 528; 23 Cent.
Dig. col. 879, §§ 18-21.

Power to grant franchise for. — See 23 Cent. Dig. col. 874,
§§ 11-17.

Same — Of municipality. — See 59 L. 521.

Prescription. — See 23 Cent. Dig. col. 883, § 22.

Proceedings to acquire franchise for. — See 23 Cent. Dig. col.
884, §§ 23-33.

Regulation — And operation of.— See 23 Cent. Dig. col. 925,
§§ 74-95.

Same — And supervision of. — See 59 L. 542.

Rights — And duties of ferrymen. — See 59 L. 546.

Same — And liabilities of transferee of. — See 23 Cent. Dig. col.
903, § 45.

Same — Of landing and embarking. — See 23 Cent. Dig. col.
900, § 41.

Sale and transfer of. — See 23 Cent. Dig. col. 921, 922, §§ 70, 71.

355



§§ 529, 530 CIVIL, CODE. [Div.I.Pt.IV.

Termination and removal of. — See 23 Cent. Dig. col. 915,
§§60-66.

Tolls — Right to. — See 59 L. 546.

Transferability and descendibility of ferry franchises or
licenses. — See 2 A. C. 693; 59 L. 543.

Transfer of. — As to generally, see 23 Cent. Dig. col. 902,
§§ 42-45.

Same — Method of making.— See 2 A. C. 691.

Same-^— Of contracts of. — See 59 L. 543.

Who are customers. — See 23 Cent. Dig. col. 906, § 49.

Who entitled to receive franchise. — See 59 L. 528.

Who may grant.— See 59 L. 521-526.

§ 529. CORPORATE EXISTENCE CEASES, WHEN. Every
such corporation ceases to be a body corporate :

1. If, within six months from filing its articles of incorpo-
ration, it has not obtained such authority from the board of
supervisors, or other governing body having authority in that
behalf; and if, within one year thereafter, it has not com-
menced 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 incor-
poration, the bridge, wharf, chute, or pier is not completed;

3. If, when the bridge, wharf, chute, or pier of the corpo-
ration 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.

History: Enacted March 21, 1872, founded upon § 169 Act
April 22, 1850, Stats. 1850, p. 373; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 373, held
unconstitutional, see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 579.

§530. PRESIDENT AND SECRETARY TO MAKE
ANNUAL REPORT TO SUPERVISORS; WHAT REPORT TO
CONTAIN. DAMAGES FOR FAILURE TO REPORT. The

president and secretary of every bridge, ferry, wharf, chute,

356



Tit. VI.] ANNUAL REPORT. § 53O

or pier corporation must annually, under oath, report to the
board of supervisors, or other governing body having author-
ity in that behalf, of the county in which the articles of incor-
poration 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 a,mount 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 gov-
erning body having authority in that behalf may require.

[Publication of report.] 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 per-
mitted 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.

[Duty of district attorney or city attorney.] All such
cases must be reported by the board of supervisors, or other
governing body having authority in that behalf, to the dis-
trict attorney or city attorney, who must commence an action
therefor.

History: Enacted March 21, 1872, founded upon §§ 170-173
Act April 22, 1850, Stats. 1850, p. 373; amended by Code Com-
mission, Act March 6, 1901, Stats, and Amdts. 1900-1, p. 374,
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 25, 1905, Stats, and Amdts. 1905, pp. 579-580.

357



§ 531 CIVIL CODE. [Div.I,Pt.IV.

§531. THIS TITLE TO APPLY TO NATUK AL 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 person in like manner
as it is applicable to corporations.

IliMtury: Enacted March 21, 1872.

98 C. 311, -314, 33 P. 199, 200 (referred to in connection with
§ 511 in discussion).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.



358



Tit. VII.] TELEGRAPH, ETC. — USE OF WAY. § 535

TITLE VII.

TELEGRAPH AND TELEPHONE CORPORATIONS.

[The former Title VII, including §§ 536-541, was repealed by-
Act March 20, 1905, and the following sections substituted there-
for. Stats, and Amdts. 1905, p. 491. Prior legislation upon
which original Title VII was founded will be found in Stats.
1850, p. 347, § 152; 1857, p. 117, § 2; 1862, p. 290, § 8.]

§ 536. May use right of way along waters, roads, and highways.
§ 537. Liability for damaging telegraph or telephone property.
§ 538. Penalty for wilfully or maliciously injuring telegraph or

telephone property.
§ 539. Conditions on which damage to subaqueous cable may be .

recovered.
§ 540. May dispose of certain rights.

§536. MAY USE RIGHT OF WAY ALO^G WATERS,
ROADS, AND HIGHWAYS. Telegraph or telephone corpora-
tions 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.

History: Enacted March 20, 1905, Stats, and Amdts. 1905, p.
492; see introductory note to this title.

See Kerr's Cyc. C. C. for 20 pars, annotation.

149 C. 744, 750, 87 P. 1023 (cited, with act of Congress, as to
right of telegraph company).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Common carriers — Telegraph and telephone companies as. —
See Kerr's Cyc. C. C. §§ 2207-2209 and notes.

Compensation — Abutting owner. — See 28 A. S. 229-236.
TELEGRAPH AND TELEPHONE COMPANIES — GENERALLY.

Abutting owners entitled to compensation for additional
servitude. — See 28 A. S. 329-336.

Additional servitudes, poles and wire of, whether constitutes

359



§ 536 CIVIL CODE. [Div.I,Pt.IV.

on the public streets and highways. — See 49 A. R. 14; 54 A. R.
290; 3 L. N. S. 323; 7 L. N. S. 87.

As common carriers. — See Kerr's Cyc. C. C. §§ 2207-2209 and
notes; 10 A. C. 855.

Are agents of the party employing, and he must suffer for
mistakes in transmission. — See 39 A. R. 359.

Blanks, conditions in limiting liability for damages. — See 11
A. R. 168.

Character of telegraph property. — See 9 A. C. 1190.

Cipher messages, liability for mistakes in transmitting. — See
46 A. R. 731.

Compensation to abutting owners. — See 28 A. S. 329-336.

Conditions — As to repeating messages, mistakes, delays, etc.,
when valid. — See 45 A. R. 488.

Same — Exempting company from liability for errors in trans-
mission unless messages are repeated. — See 24 A. R. 283.

Same — Which may impose on senders of messages. — See 71
A. D. 463.

Contingency of possible action of sendee, or of some third
person, as affecting liability for failure properly to transmit
and deliver telegram. — See 12 L. N. S. 748.

Contract by telegraph, and the admissibility of telegrams as
evidence. — See 110 A. S. 742.

Contract in blank telegram — Conflict of law as to. — See 63
L. 532.

Same — For presentation of claim. — See 3 L. 224.

Same — For claiming damages. — See 11 L. 102.

Same — Limiting liability, reasonableness of. — See 2 L. 601;
4 L. 611; 13 L. 510.

Damages, what are proper elements of in action for failure
to deliver messages. — See 10 A. S. 778; 117 A. S. 286.

Delay in applying for injunction against maintenance of, in
highway. — See 8 L. N. S. 1091.

Discrimination, duty of to serve the public without. — See 59
A. R. 172.

Duty of telegraph company — And liability of, as to delivery
of message addressed to person "in care of another." — See 7
A. C. 734.

Same — To ascertain identity or authority of sender of mes-
sage.^See 4 L. N. S. 181.

Same — To find the person addressed. — See 27 A. S. 923.

Same — To notify sender of message where it can not be
promptly transmitted or delivered. — See 67 L. 153.

Evidence — Admissibility of telegram in behalf of person re-
ceiving same in reply to another. — See 44 L. 438.

Same — Of conversation by telephone. — See 1 A. C. 802; 8 A. C.
447; 17 L. 440.

360



Tit. VII.] TELEGRAPHS AND TELEPHONES. § 536

Same — Same — Necessity and sufficiency of identification as
foundation for admission of conversation or communication by
teleplione. — See 6 L. N. S. 1180.

Same — Telegrams left for transmission or message delivered,
as primary or best. — See 8 A. C. 270.

General duties and liabilities of. — See 81 A. D. 613.

Imposing license fee for use of streets. — See 1 L. N. S. 581.

Injunctions against poles and wires as public nuisance. — See
44 L. 577.

Injury to feelings as element of damages for failure to trans-
mit or deliver message. — See 2 L. 767; 9 L. 669; 13 L. 859.

Law governing liability of telegraph company. — See 5 L. N.
S. 751.

Law of the telephone. — See 10 A. S. 128.

Liability of telegraph company — For delivery of false, forged
or fraudulent message. — See 1 A. C. 578.

Same — For failure to transmit telegram. — See 10 L. 515.

Same — For frauds of fraudulent messages. — See 1 A. C. 573;
5 A. C. 515.

Same — For neglect to deliver telegram. — See 10 L. 515.

Same — For receiving and sending libelous message. — See 9
A. C. 695; 9 L. N. S. 140.

Same — For receiving and transmitting libelous message. —
See 9 A. C. 697.

Same — For transmission or delivery of forged message. — See
65 L. 803.

Same — Sending message to office after closing hours. — See
53 L. 732.

Same — To undisclosed principal of sendee. — See 4 L. N. S. 678.

Limits for delivery of telegrams. — See 34 L. 431.

Loss or profits as element of damage for breach of contract,
as to. — See 53 L. 91.

Mandamus to compel performance of duties of. — See 38 A. R.
587; 44 A. R. 241.

Measure of damage for negligence — As to, generally, 1 A. C.
346; 1 A. C. 359.

Same — Failure to transmit money — As to, generally, 7 A. C.
531.

Same — Same — ^Measure of damages recoverable against com-
pany for. — See 7 A. C. 535.

Same — Liability of telegraph company for erroneous trans-
mission of message announcing prices of market. — See 3 A.
C. 429.

Same— Loss of professional fees. — See 5 A. C. 730.

Same — Mental anguish^-Doctrine of in telegraph cases. — See
1 A. C. 355.

Same- — Same — Conflict of laws as to recovery of. — See 7 A.
C. 1068.

361



§ 536 CIVIL CODE. [Div.I.Pt.IV.

Same — Necessity that damages for failure to ti'ansmit but
contemplated. — See 1 A. C. 361; 10 A. C. 479.

Same — Right of person whose name or interest does not
appear on face of telegram or otherwise to recover damages
for.— See 10 A. C. 648.

Same — Same — Evidence of mental suffering. — See 2 A. C. 55;
10 A. C. 476.

Same — Same — Excessive damages for. — 'See 1 A. C. 346.

Same — Telegram quoting selling price or offering bid. — See
3 A. C. 424; 3 A. C. 712.

Same — To deliver message. — See 7 L. 581; 9 L. 669; 10 L.
515; 53 L. 738; 63 L. 532.

Municipal regulations of. — See 1 A. C. 110.

Necessity and sufficiency of identification as a foundation for
the admission of the conversation or communication by tele-
phone.— See 6 L. N. S. 1180.

Notices limiting liability of unless the message is repeated. —
See 9 A. R. 149.

Poles and wires — As additional burden in highway. — See 17
L. 480; 24 L. 721.

Same — As nuisance in street subject to municipal control. —
See 39 L. 619.

Same — As personalty or realty. — See 9 A. C. 1192.

Same — Injunction against as public nuisance. — See 44 L. 577.

Same — In streets and highways and across private property. —
See 28 A. S. 229.

Privilege of using streets for as contract within provision
impairing obligations. — See 5 L. 146.

Right of addressee of telegram to sue for failure to deliver
same. — See 2 A. C. 398.

Right of person not mentioned in telegram whose interest is
not communicated to the company, to recover for mental an-
guish.— See 8 L. N. S. 249.

Right of way of. — See 2 A. C. 152; 10 A. C. 464.

Right to damage against telegraph company for mental
anguish on account of business affairs.- — See 12 L. N. S. 886.

Right to transfer or mortgage privilege to use street for
purposes of. — See 47 L. 87.

Servitudes, additional, when constitute. — See 106 A. S. 260.

Statutes penalize negligent handling of telegrams, as regula-
tion of interstate commerce. — See 2 A. C. 513.

Statutory penalty for neglect to receive or transmit mes-
sage. — See 7 L. 584.

Stipulations in blanks, whether bind receivers of messages. —
See 61 A. S. 214.

Sufficiency of message to charge with notice of importance. —
See 10 L. 515.

362



Tit. VII.] TELEGRAPHS AND TELEPHONES. § 536

Telegrams— Admissibility of in evidence on behalf of person
receiving in reply to another. — See 44 L. 438.

Same — Given by telephone. — See 56 L. 745.

Same — In writing- to make contract within statute of frauds.
— See 50 L. 240.

Same — Interstate as interstate commerce. — See 24 L. 161.

Same — Not written on company's blank. — See 56 L. 741.

Same — Validity of notice sent by. — See 61 L. 933.

Telephone companies — As to legislative control of. — See 2 L.
278; 5 L. 161; 24 L. 161.

Same — Same — Of rates of. — See 33 L. 181.

Same — As a common carrier, discriminations. — See 5 L. 161.

Same — Compulsory service. — See 15 L. 321.

Same — Control over — Foreign company. — See 13 L. 454; 15
L. 322; 24 L. 161; 24 L. 311, 327; 33 L. 181.

Same — Evidence of conversation by. — See 17 L. 440.

Same — Franchise, right in street, poles and wires. — See 7 L.
200; 17 L. 480; 24 L. 721; 39 L. 619; 47 L. 87; 50 L. 146; 66 L. 56.

Same — Same — As additional burden on easement. — See 7 L.
200.

Same — Same — Injvmction against poles and wires as public
nuisance. — See 44 L. 577.

Same — Poles and wires— As nuisance in street subject to
municipal control. — See 39 L. 619.

Same — Same — As additional burden in highway. — See 17 L.
480; 24 L. 721.

Same — Same- — Injunction against as such nuisance. — See 44
L. 577.

Same — Privilege of using street for telephone line, as con-
tract within provision impairing obligations. — See 50 L. 146.

Same — Rights of. — See 1 L. 799.

Same — Same — To transfer or mortgage privilege to street for
purposes of. — See 47 L. 87.

Same — Statutes regulating prices and requiring service on
equal terms to all. — See 31 L. 807.

Same — Telegrams given by. — See 56 L. 745.

Same — Validity of notice sent by. — See 61 L. 933.

Time and place of consummation of contract when offer by
letter is accepted by telegram, or vice versa. — See 6 L. N. S.
1016.

Transmission and delivery of messages — Duty of company. —
See 8 A. C. 469; 10 A. C. 855.

Same — Duty and liability of telegraph company as to delivery
of message addressed to person "in care of another." — See 5
A. C. 734.

Same — Place of performance. — See 7 A. C. 1065.

Same — Time of delivery.-— See 8 A. C. 469.

363



§§ 537, 538 CIVIL CODE. [Div.I,Pt.IV.

Same — To hold delivery must be made. — See 5 A. C. 730, 734.

Same — Who may recover for failure to deliver. — See 2 A. C.
396.

Validity of limitation of liability of telegraph company for
unrepeated messages. — See 11 L. N. S. 560.

Validity of stipulation on telegraph blank — Requiring claim
for damages or statutory penalty to be presented within cer-
tain time. — See 4 A. C. 613.

Same-T-Limiting liability of company unless message is re-
peated. — See 10 A. C. 857.

Whether are common carrier. — See 45 A. R. 487.

Who may recover damages for delay in delivering telegram.
— See 9 L. 669.



§537. LIABILITY FOR DAMAGING TELEGRAPH OR
TELEPHONE PROPERTY. Any person who injures or
destroys, through want of proper care, any necessary or use-
ful 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.

History: Enacted March 20, 1905, Stats, and Amdts. 1905, p.
492; see introductory note to this title.

82 C. 600, 602, erroneously cited, and in 23 P. 134, 135, § 331 is
erroneously cited to take the place of § 537. A corporation
may give credit for its stock as well as for any other prop-
erty sold by it, but there is no lien, in this state, in favor of
a corporation, for unpaid instalments of subscriptions for stock.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Criminal prosecution for malicious injury to telegraph lines,
etc. — See Kerr's Cyc. Pen. C. §591 and note where the authorities



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