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Les cartes, planches, tableaux, etc., peuvent etra film6s d des taux de r6duction diff6rents. Lorsque le document est trop grand pour Stre reproduit en un seul cllch6, 11 est film6 d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la m6thode. rrata to pelure, n d ft n 32X 1 1 a 3 4 i 6 I LA^AV© OF TllK UNITED STATES AND THE AND CANADA, RELATING TO TE LEG RAP OOMPILKD FOR %U^ §Hltimoie mid 0lna ^ehgra^h f^a, FOR SALE BY THE JAMES KEMPSTER PRINTING COMPAT>iY, 56 Cedar Street, New York. NEW YORK. 18 84 'H2 NEW YORK : THE JAMES KEMPSTER PRINTING CO., S6 Cedar SiREiT. INDKX ()l<' LAWS. t The Initcd Stulcs, - - Aliiliiimii, .^ Ai'Uiiiisas, — * ('iiliri)rnia, ^ Colorailii, Coimecticut, Dakota, Delaware, Flnritla, (ieoff^ia. Illinois, Iiiiliana, - Iowa, . Kansas, - Kentucky, • - Louisiana, Maine, • Massacliusetts, - Maryland, - - Michijian, Minnesota, - - IMississippi, Jlissoiu'i, " Montana, Nebraska, Nevada, - New Hampshire, New Jersey, - New York, - North Carolina, - Ohio, Oregon, - - Pennsylvania, Khode Island, - - South Carolina, Texas, - - Tennessee, - rtali, • Vermont, Virginia, - Washington, West Virginia, - - Wisconsin, - " Wyoming, " ■ Canada,- I'Adi;. r. 8 11 31 20 34 41 44 40 50 54 OS 75 80 8:{ 8fi 90 95 111 122 130 134 140 153 155 1G3 160 173 186 208 - 213 226 - 227 234 - 242 249 - 250 251 - 256 265 - 272 273 - 278 237 ■ 290 LAWS OF THE INITED STATES IN RELATION TO TE1.E(!RAPH COMPANIES. REVISED STATUTES, TITLE LXV. Skc. 520;?. — Ajiy Telp^q-jipli Company now orn;aTiiz(Ml, or wliifli n)ay liHreaftei be oii^anized under tlie laws of any State, shall have the ris^ht to construci, maintain and operate lines of lelet be tians- ferred by any company acting' thereunder, to any other corporation, asso"iation or jjerson. Sko. r)2<)C).— Teh^si"^n>s between tlie several depart- ments of the Government and Uieir officers and a^^ents in tlieir transmissions over the lines of any Tele])ropriation for the several departments of the Governn\ent shall be paid to any company which neirlects or refuses to transmit such telegrams in ac- cordance with the provisions of this Section. Skc. .')207.— The United States may, for postal, mili- tary or other purposes, purchase all the telegraph lines, proi)erty and effects of any and all companies acting under the provisions of the Act of July twenty-fourth, eighteen hundred aiul sixty-six, entitled, " An Act to aid in the construction of telegrajdi lines, and to secure to the Government the use of the same for postal, military and other purposes," or under this Title, at an ap))raised value, to be ascertained by five competent disinterested persons, two of whom shall be selected by the Postmaster-General of tho L'nited States, two by the company interested, and one by the four so previ- ously selected. Skc. 5268.— Before any Telegraph Company shall ex- ercise any of the powers or privileges conferred by law, such company shall tile their written acceptance with the Postmaster-General, of the restrictions and obligations required by law. Sec. 52G9. -Whenever any Telegraph Company, after liaving lilt'd its written !U'Cf»ptii nee with the Postinnstei- General, of the resti'ictiotiM and (tl)lili(' roads and liiij;li\vays pdst rdiih's. Ii( il enavtvd by the Scn(tic uml IIdiisc d/ Rrprcnoita- liws of the tliiitcti St(ft(so/' Aiinrird in V(>>i:iiiy mii^l. iil •■;icli ;iii(l fvciy h». i.io. point \vlit'i<' till' wii'cs iif ;inv liiii'iil' n'lt'oiiipli iniiycntss ini}" piinlic or pnviilr rojid, cicct siil)Mi!iiiti;il, diiralih! ,««; ;iii(l iH'rniniit'iit posls or pit'i-s, (o picvi'iit lln' r.iHiiii,' of tilt' wires, so iis to ohsliiict or iiilcrrt'rt' with tlif tr:ivt;l on siidli road. And upon fiiilinti to crcrt posts or piers, ns herein prescrilx'd. Miid npon ilic ridlinj;; of any tele- grapliic wires, so as to ()l)struct or inlrrlVre witii tli'* travel aittnu; any private or pnhlie road, it is tiie duty of any justice in tlu^ county, uiton coinplainl tliat liie wires of any tele^ra[ili lines have fallen across or alonj^ any road, ])rivate or [)ul)li(', to issue notice to any ollicer or aj^cnt of su«'li company, to be found within the county, to appear befoie him at such time, not slioit of ten days' notice, as he may ai)point, and upon proof that the wires aie down, or have been down for one day, he siiall enter a line of not less than ten oi' moie than fifty dollars for every day tlit! wiies ari- permitted to rfMuain down. If no oliiccr oi' ai^t'iit of the company is found in thesKc. kim. count}', then and in that case notice posted at two or more places near llie line of telejiiaph, in the neighbor- hood of where the wires have fallen, citint;' the com- l)any, foi' live days, to appear befon? a .lusticti of the Peace, shall be deemed and held sullicient notice, aiul if the company shall not defend, by some agent or oflicer, line may be entered by default ; and if the comi)any shall fail or refuse, for the space of sixty days, to pay any line imiiosed under tht^ .\ct, such tele<^ra]ih line .shall be deemed a public- nuisance, and u|.(mj due notice the saiue shall be subject to b(> abated as such, by pro- ceedings before the Circuit Couit of the county in which such wires shall ;>e permitted to continue down, in the same manner as other nuisancs are altated. The right of way is gi-anted to any person having skc. law. the right to construcit telegraph lines within the State, upon the margin of any ])ublic highway. Any person vvlut wilfully cuts, pulls down, destroy.s, Shx.jmi. or in auy manner injures any telegraph line or post, or 10 Bec. 384. Code of 1876. Sec. 386. part thereof, must, on conviction, be lined not less tl>nn fifty nor more than live hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months. The President ana Secretary of every Telegraph Com- pany, whose line or any pint thereof is in this Slate, simll annually, in the montli of A})ril, return to the Audi- tor of the State, under oath, the number of miles of tele- graph wire in this State belonging to it, aun the value thereof, including poles, batteries, instruments, and the length and value of its lines in ea(^h county in this State, and the /Auditor of the State shall notify the assessors of tlie counties througli which such line runs of the value of such property in their respective counties, and the agents or manageis of the lines a re authorized to pay the taxes thereon, and retain the same out of any money in their possession belongirig to the company ; and if any telegraph com])any fails to make such return, the auditor shall proceed to estimate the same, and add one hundred pti- cent, thereon as a penalty for the failure to make returns required, and ap])ortion the same to the different counties, as is provided in case of railway com- panies. Tlie Agents or Managers of Telegraph Companies shall, on or before the 15th day of April in each year, make out, under oath, a true and full statement of the gross receipts of their respective ofHces for the preceding year, and deliver the same to the assessors of the county where they collect any income, and such agents and nianagers shall pay the tax thereon to the collector, and retain the amount of any money in their possession be- longing to such company ; but when any such agent or manager shall fail to make the return therein required, r (! assessor of the county shall proceed to estimate, upon the best infornuition he can obtain, the probable amount of the receipts of such business, and add thereto fifty per cent., and return the same to the collector in the same manner as other assessments are returned, and ess tl>nn [my also to liarcl tlis. ph Ccmi- is Slate, he Audi- ts of tele- lie value and the lis Stale, issessors s of the lies, and ed tt) pay y money ; and if ;mn, the add one Cailiire to e to the ivay com- )mpanies icli year, It of the )receding e county ents and ictor, and ssion be- agent or reqnired, estimate, probable id thereto Hector in ined, and no property of such company shall be exempt from levy and sale for taxes. ARKANSAS. REVISED ^TATJJTE^, 1874. CHAPTER 42. C K I M I N A L L A W . SuiUKcT XTX.— Malicious Mischief and Trespass, and Injury to Property. Any person who shall willfully and intentionaMy de-SK<. isss. siroy, injure or obstruct any telegraph line, or any of '''j;';>;;;;,;;'«- the materials thereof, shall, on conviction thereof, be lined in a sum not less than two hundred dollars, and imprisoned for not less than six months, and pay the owners of said line all the damages sustained thereby. (Act Jan. 21, 1801.) CIIAPTEli A'i.—Vonli lined . SuiUKcT XXIX.- Oireiices against ihe Revenue. If the taxes assessed against any express, insurance „^.,, ,^,,- or telegraph company, in any county, shall remain ^^»« •'■;;P';^;:^;;;;r;;; and un])aid after the twentieth day of April, in any ^,,n,u year, it shall be unlawful for any person or corporation to act as !';^ent, or do or transact any business for such compary so in def.iult in such county, until said tax, and interest, and penalty is fully paid ; and any person or agent, manager or clerk (»f any corporation, who shall, after such default, directly or indirectly act as agent of coni- paiiit's failing to pay. 18 or d() or transact any hnsinoss \vli;i 'ever on acronnt of or for the Ix-tiefil of jsnch c.nipany so in defanlt, shall, nj.on convir-tion thereof, he ('(.nlined in t!ie Penitentuiry not less than one nor more than twelve months. ARKANSAS. REVISED STATUTES, 1874. CFIAPTKR A2.~Con(inued. CIII.MINAL LAW. Skc. 159.i. V 11 II i s h III t> n t Air. SfiuKcT X.XXVIl.— DivMl-rinjL? Contents of Telegram. Any prrson connected with any telegraph company in this State, either as agent, clerk, cperator, messenger, or in any other capacity, who shall wilfully divulge the contents, or the nature of the contents, of any private communication intrusted to him for transmission or delivery, or who shall wilfully refuse or neglect to trans- mit or deliver the same, on conviction shall pay a fine of not less than five hundred dollars, nor r.ore than one thousand dollars, or be imprisoned in the county jail for not less than six nnmths, nor more than twelvemonths, or shall he punished with l)oth line and imprisonment (Act July 1(5, 1868, § 3). 1 'Count of lit, shall, liteiitiary ARKANSAS. HE VISED STATUTES, 1871. CIIAPTEll 130. TeLKGHAPII COMI'ANIKS. It shall be the duty <»f the owner or association own- sic. 5721. ing an>' tele<>;rai)h lines doiu'-- business within this State, "«•"<"'•;' "f"''"- to receive dispatches fioni iiid for other tcle'rraph lines torcceivedis- and associations, and from and for any individual, and any ',"r' '"ir- on payment of their usual cliar^^es for individuals for Ki<"t ..r n- transmitting dispatches, as establisiied by tiie rules and regulations of such telegraph lines, to transmit the same with imi)artiality and good faith, under the penalty of one hundred dollars for every neglecit or refusal so to do, to be recovered, with costs of suit, in the name and for the benefit of the person sending or desiring to seiul, such dispatch ; Provided, that nothing contained in tiiis sec. tioii shall l)e constructl to require any telegraph com- pany or association to receive and transmit disjjatche.s from or for any other company or association owning a line of telegraph ])araMel with or doing business in com- petition with the line on which the dispatch is required to be sent. It shall likewise be the duty of every such owner or skc. nr.^. association to transmit all dispatches in the order in I'lspatihes 10 which they are received, under the like penalty of one tca.i.uw. hundred dollars- to be recovered, with costs of suit, by the person whose dispatch Is postponed out of its order : Provided, liowever, that arrangements may be made with the proprietors or i)ublishers of newspapers for tlie transmission for the pur])ose of i)ublication of intelligence of general and public interest out of its regular order. — Act July, 1808. The telegraph companies now, or which may hereafter SKf-.s-o.,, be in existence in this State shall, on ai)plication locinmunim. any of the officers of this State, in the event of war, oniodstore- 14 ceire imme- insurrection, or any resistance of public authority; or iiiato dis-ijj (.jjge of tim commission of any crime, and tlie person charged tlierewitli, or suspected thereof, sliall attempt to escape, gave to the communications of such officers immediate dispatch, and for the transmission of tlie same the company sliall cliarge tlie same price as for other communications. Ski . mi. Any telegraph company shall have power to set up "'a".uT wS their lixtures along and across any of the roads, streets i'lnrpSnieBta or waters of this State, provided they do not obstruct set up fix- ., tures aioiigthe same. anil acroHs. ARKANSAS. REVISED STATUTES, 1874. CHAPTER 118 KEVENUE. EspuEss, Teleouaph and Insurance Companies. Sec mso "^^X P^rson or persons, joint stock association or What deemed corporation, conveylug to, from or through this State, com7a''ny!or i" ^^Y P'"'t thereof, u. )ney packages,gold, silver plate. what a tele or Other artlcles by express, not including the ordinary pi?,'* """"'linesof transporttition of merchandise and property in this State, shall be deemed to be an express company ; and any person or persons, joint stock association or corporation engaged in transmitting to, from, through or in this State, telegraph messages, shal' be deemed and held a telegraph company. g,,^. ,^0^, Each agent of any express company or telegraph cora- i.ist of aKeiitpaiiy. having its principal office in any other State or Ihaitoshow^'^untry, and doing business in this State, shall an- 08 °" j^^^^jjy' ^j^ j.j^g ^j^y preceding the first Tuesday of June isn 1.*) ority ; or le person I attempt h officers m of the ce as for to set np is, streets , obstruct iation or lis State, vev plate, ordinary 3perty in jmpany ; iation or tlirough deemed npli coni- r State or isliall an- ' of June of each year, make and deliver to the County Clerk of the proper county in whicli sncli ii^ent lias his place of l)usiness,on statement veiilicd by tlieoath ol" such :i}j;t^'>'> siiowinf? the entire receipts of such agent for the year then next i)rec('din i • /n topuytax.iiK'ounty the taxes so assessed, if the receipts of his oince ^;;',^;;y^iXaresuflicient for that puri ose, and in default thereof, the collector shall proceed to collect the same by dis- tress and sale of the personal i)roperty of such agent. sw. 50115. If the taxes so assessed against any express company Tttx not paui feh'graph company in any county in this State shall business un- •'^ ■< i-,-">^i i j j J <•••! lawful. remain due and unpaid after the twentieth day oi April in any year, it shall be unlawful for any person or per- sons or cori)orations to act as agents or do 6y transact any business for such company so in default in such county until said tax and interest and penalty are fully paid. ARKANSAS. Acts of Arkansas, 1881. \'' No. XL. An Act to amend an Act entitled "An act to establish Fees," approved February 2r)th, 1875. Be it enacted by the General Assembly of the State of Arkansas : That section 1 of the act to which this act is amenda- %'se"crelSry tory, be SO amended as to read as follows ; Sec. 1. The .of state. following fees shall be allowed and collected by the Secretary of State and accounted for to the Treasury by him, in the same manner that all other fees are or shall be directed to be accounted for by State officers, viz.: SIC. 1 collected, as oh otlior in- he shall as- it the satne iialty there- id to retain ' the i)r()per of his office lilt thereof, vme by dis- ch agent. (ss company State shall hiy of April 'rsoM or per- 6y transact ault in such Ity are fully L "An act to ;h, 1875. if the State t is amenda- Sec. 1. The cted by the Treasury by 3 are or shall cers, VIZ.: 17 For % :: ^v - .: :v :. * For liliiii:: cjich charter or draft of articles for a railway oi- tt'lei,M;ii)li coinpanyj'or a line not exceed- ing twenty-live niih's in h'ligtli, fifty dolhirs (.i^no.od). Exceeding twenty-live miles and not fifty miles, seventy-live dolhu's (!i^7.'■).(t(l)K Exi'eeding fifty niih^s and not exceeding seventy- five nules, one hundred dolhirs (!?l()(i.()(>). Exceeding seventy-five miles and not over one hundred miles, one hundred and twenty-five dolhirs (8125.00). Exceeding one hundred miles and not over one hundred and fifty miles, one hundred and fifty dol- lars (81 no. 00). Exceeding one hundred and tifty nules and not over two hundred miles, one hundred and seventy- five dollars (8175.00). And for a line exceeding two hundred miles in length, two hundred (8'iOO.OO). ARKANSAS. Acts of A i: Kansas, 1883. ActCXIV. — An Act to Revise and Amend the Revenue Laws of Arkansas. Sec. 3G. — Express and Te'egraph Companies. Any person or persons, joint stock company, associa-ser. 30. tion or corporation conveying to, from, or through the^'^'"^*'*'"'"'^ ^ i.1 , , , , Telegraph Co. State, or any part thereof, money, packages, gold or deiined. silver plate, or other articles by express, not including 18 tlieoiilinary linos of transportation of niercliandise and property, sliall be (Ifenicd to l)e an cxjjress company. And any person or persons, joint stock company, asso- ciation or corporation en^ni,aiiy, asso- i<; to, from, «-s, shall bo ^rapli coni- e, or ill any this State, out and de- y in whicli iinent veri- entiie re- seeding the vliich such such com- •eceipts for iction with lits of this s company within this t upon the her articles, is located, such com- thus found, pts as above ihall be by ,1 property. I'sonal prop- diall be as- lie same is ill and per- is assessed. 1 company, and deliver g the month guilty of a misdemeanor, and on conviction, shall ho, lined in any sum not it'ss than lifty dollars (.s."i()|, nor more tlian iivl- hundred dollars (."i<.")()Oi, and im[irisoi nl not less ||i;iti thirty days, nor more iian six months. And said as- st'ssor shall, from the vast evidence obtainable, ascer- tain the amount of the receipts of such agent, and cnlcr the same upon the assessment roll, with lifty per cen- tum penalty thereupon. AKKAXSAS. Acts of Ahkansas. Aci CXI V. —Coiitin ued. Sec, 42— Teleiihone Companies. Gas, telephone, * * * * and all other companies, '^^'W corporations or associations, incorporated under the ''tn.Sr^";; laws of this State, or under the laws of any other State, rft'i^ny, sav- and doing business in this State, other than insurance tVtomv^- companies, and the companies and corporations wliose "iestoi'e taxation is In this act specifically provided for, in addi- litrir'" tion to the other projjerty required by this act to be listed, shall, through their president, secretary, prin- cipal accounting officer or ngent, annually, during the month of March, make out and deliver to the assessor of the county where said company or corporation is located or doing business, a sworn statement of the capital stock, setting forth particularly : First.— i:\\e name and location of the compnny or association. Second.— 'She amount of capital stock authorized and 8kc. «. AsresHorg ;riK)ratioii8 to flic sclieK N I A . »('k) paid , llicii lln! (liH'ss, ex- iliiiy; from ui'cliiist) or r)j)erty be- ll \w made I forms us •counts. [lys before, president, such com- i or doing ; to return :t ensuing, ing officer .tions upon I, wilfully by the :3l8t 5aid notice, conviction e hundred ree months, st inform a- the proper Ul tangible defaulting ion by the nalty. r*0 />/<>' AN/> STATU TFi^ IH7n. ("IVII. CODK. CiiAi'TiMj TV.-CAi{i{i.\«ii': oi' Mi:ssA(iKs. A carrier of messages for reward other than by tele-SK.' :ifli graph, must deliver them at the pl:iee to wliidl t|„.y'";i'«'"i'"'" "' are addressed, or to tin; person for whom they are in- \'n"Zl^,.^. " tended. Such carrier by telegraph must delivei' them at such place and to such person, provided the place of address, or the person for whom they are intended, is within a distance of two miles from the main odice of the carrier in the city or town to which the messages are transmitted, and the carrier is not recpiired, on making the delivery, to pay on liis route toll or ferriage ; but for any distance beyond one mile from su(!h ofHce, (;()mi)etisatioii may be charged for a messenger emi)loy.(l by the carrier. A carrier of messages for reward must use great care sk. 7i«a. and diligen(!e in the transmission and deliveiv of nies-*''"'" ■""' '""■ .,,,.. !_. ' gi'iici' r<'i|iiir- sages e^''"« inl"<)rnia(in!i it'lalin^ (o tlif wicl^- iit'SH (•!' (li'atii (if any pt'isdii. 4. Otliur nies.sagos in the order in wiiicli they aro received. Skc. IIOIT Service lij Kraph. (ALIFOHMA. CODE OF CIVIL I'ROOF.J^UIiE. Chaptku v.— Notk'ks and FiMN(i AM) Skuvice OK PaI'KKS. Any summons, writ or order in any civil suit or pro- teie-(,p(.(|i,,„ .,,1(1 .,11 otlicr lapcrs re.iuirin<,' service, may he transmitted by tclegr.-ipli for service in any place, and the teU'iiraidiic copy of sucli writ or orchM- or jiaper so transmit te(l, may ht> served or executed by tlie oflicer or person to wliom it is sent for tliat purpose, and returned by liim, if any retuiii be recjnisite, in tlie same manner, and with the same force and effect, in all respecits, as the orijrinal thereof mii;ht be if (h'livered to him, and the oflicer or person servinj^ or executing the same, luis the same autliority, and is subject to the same liabilities as if the copy were the oiiginal. The original, when a writ or order must also be filed in the Court from whicii it was issued, and a certified copy thereof must be preserved in the telegraph oflice from which it was sent. In sending it, either the origi- nal or the cerlifi(Hl copy may be used by the operator for the purpose. Whenever any document to be .sent by telegraph bears a seal— either private or official— as it is not iiecessary for the operator in sending (he same, to telegraph a descrii)tion of the seal or any words or m i. 2:{ l>li('nti«)n tilt' wick- they aro iUVICE I or ])r()- , may he lact;, and paper so oflictM' or returiK!*! manner, plMitS, MS Ilim, and lime, has labilities be filed certilied 1 1)1 1 ofliee Llie origi- operator ' be sent licial -as he same, words or device tliereon, bnt tli<> same may he expressed on i}w telegraphic cnpy Ity the Ifitcrs " ii. S." nv by the word "8eal." ( AIJKOIIMA. PlhyAL CODE. TiTLK XII f. Ok (vUlMKS A(!AIXST PltOlMMlTY ClIAPTKU IV". -FoKCiKUY AND CoHXTKUFKITINO, Every person wlio, knowingly and wilfully sends by «„•. i.iiri. feh graph tonny person, a I'alsc or foi'ired mess;i''e, i)np. f''"KinK"i i.i.- ' " * i^ I ivriititi 111110. l)()rling to be from such telegraph oflice, or from any other person, or who wilfully delivers or causes to be delivered to any person any such message, falst^ly pur- porting to have been received by telegraph, or who fur- nishes, oi c(»nspii'(^s to fuinish, orc:iuses to be furnished to any agent, operator or employee, to be sent by tele- graph, or to be delivered, any such message, knowing the same to be false or forged, with the intent to de- ceive, injure, or defraud another, is punishable by im- prisonment in the State Prison not ext^eeding live ye:irs, or in the county jail not exceeding one yeai-, or by line not exceeding one thousand dollars, or by both line and imprisonment. CALIFORNIA. Tit. X.— Ok Ckimks aoaixst tiiio Puhlkj IIeauii AND SaKKTY, Every person who is intoxicated while acting as tele "'•-f ""fi "ntoxicalid "lieratdrs.^o. gra[)h operator, receiving or transmitting messages j-g. '""•"'*''""•" "^ hiting to the UKn'eaient (d" trains is guilty of a misde- meanor. 24 CHAPTER XV. MALTCIorS IXJrUlKS TO TELKOUAIMIS. se(;. vm\. In.jmint? ti'li Krapli lines Every person wlu^ maliciously takes down, removes, injures, or obstructs any line of telegraph or anv part thereol, or appurtenance or apparatus connected there- with, or severs any wire thereof is goilf}' '»f ^ misde- meanor. (ALIFOUNIA. sv.c. ism 9. Tit. XIV.-Malicious Mischief. Every person who wilfully discloses the contents of i)is.i(.sinK<"n-.j^ tele'-rapliic message or any part thereof addressed to grr^hlc mi:;: another person, without the permission of such person, *"*'''*• is punishable with imprisonment in the State Prison not exceeding live years, or in the county jail not exceeding one year, or by iine not exceeding five thousand dollars, or by both line and imprisonmenf. SKc. iDfe'o. Every person who wilfully alters tiie purport, eftVct AitcrinK I eio-^^. j^,j^,,„':„o- of a telegraphic message to the injury of .^rapiuc '"^-^j^^^^j^^^. iy punishable as provided in the preceding sec- tion. , , . Every person not connected witli any telegrapliic f.ffice without the authority or consent of the person to whom the same may be directed, wilfully opens any sealed envelope enclosing a telegraphic message, and addressed to any other person with the purpose of learn- ing the contents of such message, or who fraudulently represents any other person, and thereby piocures to be delivered to himself any telegraphic message address»!d to such other person with the intent to use, destroy or detain the same from tlie person or persons entitled to receive such message is punishable as provided in section 61U. Skc i:!iW1 . i>r) CALIFORMA. OUAIMIS. n, removes, r iinv part ected tliere- )f a niisde- TiT. XV.— Misc'KiJ.AXKous Ckimk^. contents of iddressed to such Merson, te Piison not ot exceed i 11 f^ sand dollars, I r port, eftVct lie injury of recediiij^ sec- ' telegiai)liic lie person to y opens any message, and pose of learn- fraudulently )i'ocures to be Lge addressed 5e, destroy or IS entitled to ded in section CHAPTER IT. Ok Miscellaneous Offences. Every au'ent, operator or employee of any telegraph W":^' '*«»• .,« ,> n -I .N'ckIim I or post- office, who wilfully refuses to send any messages re- ,,„>,e,„..„t ,mt ceived at such oflice for transmission, or wilfully post- "f r.^uur •1 f 11 f (irder ol trie pones the same out of its order, or willully rciiises or jrrapiuc mrs- neglects to deliver any message received by telegraph, ""«'"'• is guilty of a misdemeanor. Nothing herein contained shall be construed to require any messagt* to be re- ceived, transmitted or delivered unless the charges thereon have been paid or tendered, nor to recpiire the sending, receiving or delivery of any message counsel- ing, aiding, abetting or encouraging f reason against the Government of the United States, or of this State or other resistance to the lawful antliority, or any mes- sage calculated to further any fraudulent plan or piir- jtose, or to investigate or encourag(^ the perpetration of any unlawful a9- office, who in any way uses or appropriates any in- .,, ,.„,|,i,,yos formation derived by him from any private message ||';|J'« i|'^|^^ passing through his hands, and addressed to any other m,.hBws person, or in any other maniic-r acquired by him by reason of his trust as such agenr, operator or ^..i- ployee, or trades or speculates u[!on any such informa- tion so obtained, or in any nianne" turns or attei ipts to turn the same to his own account. j'- Jmi.re or the Judge of the Municij)al (Criminal Court of graph. r^ ' cj -I San Francisco, may, by an endorsement under liis hand A ■Eii 37 in(\ instru- n- wilfully any nies- lie same *s Ifully and pts to loarn le the same tliereat or ie or com- )btaine<■-''• estate by the assessoi' of the county at a rate per mile ii,„>s, i,„w us for that portion of such property as lies within his ^'''''""' county. (Amendment, approved April 15, 18S0; Amend- ments 1880, 58 (liaii. ed., 252), took effect immme- dialely.) Every person who wilfully discloses the contents of asi-.v i.wii. telegraphic message, or any part thereof, addressed t<> ''uMl'tror I.'i" another pei'son, without the permission of such ptMson, unless direclcd so to do by the lawful order of a Court, is punishable by imprisonment in the State Prison not exceeding five years, or in the County .fail not exceed- ing one year, or by line i\ot exceeding five thousand dollai's, or by both tine and imi)iis()nmeut. (AmeiidiiKMit, approved A})ril 15, 1880; Amend- ments 1880 (:{8 ed., 224), took effect (JOtli d;iy after passage.) saK'rS. 2S SFr. i3«<). A Justice of the Supreme Court, or a Judfje of a '^'^Zlh.^ ""'""Superior Court, may, by au endorsement under liisliand upon a warrant of arrest, autliorize the service tliereof by tele^rapli, and tlKM-t-after a telegrapli cojiy f)f such wan-ant may be went by teli' losing the contents of a telegnii)hic message. Approved April IT), 1880. The I'eople of the State of (J:iIifoi'nia rei)resented in Senate and .Assembly, dc enact as follows: Section si.\ hundred aiul n'ti/teen of said Codt> is hereby ametulcd so as to read as follows : Oil). Kver\' person who wilfully discloses tlie con- lenlsof a telegraphic^ message, or any part fheieof, ad- dressed to another person, without the permission of such person, unless directed so to do by the lawful order of a Court, is punishable by impiisonmenf in the Slate Prison not exceeding live yeai's, or in the county jail not exceeding one year, or by tine not exceeding live thousand dollars, or by both line and im[»iison- ment. Jiulfje of a (lev his hand vice thereof )l)y of sii';h ■ more peace lie luuids of line manner rrant issued , ^00), took CIIAl'THR CXldll. An Act l'> amend seclion I^fid:? of Ihe Political Code re- lating' to llevenne. Aijpruved Ai)ril !.'>, I8H0. 'Pile People of the State of t-alifornia, lepresented in Senate, do enact .is follows : Section three tlions;iii(l six hundred and sixty-threesw 1. ol' the said Code is lierel)y amended so as to read as follows : 'MMhl Water ditches constructed t"or minitiL!:. maun factniinj; Ol" irriication purposes, and wa.non or turnpike toll roads or teleg-rapii lines, must be assessed the same as real estate by the asst^ssor of the county, at a rate ])er mile for that portion of such property as lies within his county. This act shall take elfect immediately. skc. a. >de, relative it; messa<^e. •resented in lid Codt* is 3S the con- thereof, ad- rndssion of the lawful ment in the (he county L exceediu";' 1 im[>iison- (OLORADO. a EN E It A L LAWH KS77. Cil AFTER XIX. CoKI'OltATIONS, 28!). Telefjraph Cumpanies. Whenever any number of persons organize under the sec. 99. provisions of this act to form a company for the i)ur-^^''"' ",'''*" ''" i . staled 111 ccr pose of constructing a line of magnetic telegraph iu tuuiite <.f in- this State, their or his certificate shall specify as fol- '^"■•"°™""" lows : The termini of such line or lines, and the counties through which they shall pass; and such company is hereby authorized to construct such telegraph line or !'l"l"'« JLUNiJJ__. ;}(> lines, from point to jxtint nlong and upon any of tli<; I'so of nimisPiiblii; roads by the ereetion of tiie nee ssuiy lixtnres, "'"'"''''''""^^inclndini' posts, itiers and ahiilnients neeessarv for the not to liii o|] . . " .sinictf.i wires; jirovided, that the same shall not incomniodtUlie l)ul)li(' in the use of said roads or lii«^iiv ays. rkc. 100. No such C()mi>anv siiall liave the ri;lit8 mill , ./ i franciiisisior froiu Miiy other company or person owning or operating mriet'iorre ,j„y tclegiaph Uiie lu tlils State, or shall refuse or wil- liisal to re- J r< i i ceiveortrans fully neglect to transmit the same in good faith, and •""'"'''"""'' without partiality, the company so offending shall forfeit all rights and franchises acquired under the laws May !).■ enjoin- ^^ tliis State, aud may be enjoined therefrom by bill of to complaint, liled in any Court of competent jurisdiction, and be liable to pay all damages which shall accrue by reason of such refusal to the company or person offering such despatch for transmission. It shall be the duty of all persons employed in trans- I'd liable I'tty- SKC. lOS. I{ e e 1 p truimiiiittulof '^'^''^"'''"^ "'""mitting messages by telegraph to transmit them in the luesstiges. order in which they are received, and any person who shall fail so to transmit a message, or who shall suppress a message, or who shall make known the contents of a message to any ])erson other than the one to whom it is addressed, or his agent, shall be deemed guilty of a mis- 81 any of tlio ry fixtures, ;;uy for tin? )ininutlt' tlio erect any v tixture.s of y, or other iicorporated a corporate n'itiug, and the <'ouiity such city, own, as tlie alterations oles, posts, f the wires, >l)port unity line of tele- ly despatdi ir operating "use or wii- faitli, and ndiiig shall ler the laws u by bill of urisdiction, 1 accrue by son offeriiif^ ed in trans - hem in the person who ill suppress ntents of a whom it is ty of a mis- demeanor. aniinislied by a line not exceeding live hundred dollais, and said company shall b-; liable for all damages residting therefiou). Any com[»any formed uiuler tln^ ))rovisions of this act si.<. loo. forthe puri)()se of constriu'tinganv * '^' * * * tele I com luiMii's: line, shall, wiihiu ninety days from the date r alterations made as aforesaid, under the corporate seal of suidi com- pany or corpox'ation attested by its president and secre- ..n tarv, and shall lile such certificate in the oflice of the cu.e ihonof Secretary of State, and also in the ofhce of the Ke(!oidei "''■''"' """=':\,f Deeds in the cimnty wh>'.ein the principal business of „f Stat.' aiuieacdi company may be carried on; sucli ameiuiment, '''''"!!i„t;,?;ani.MulnuMits or alterations shall have the same force and unit niiiiii iiio , 111 to have for(ey(fj.,.t jiy tliougli Said amendment or alteration had been or"KinaT''lr' included In and made a part; of and embraced in its orig- ticiea. jual articles of association. sfc hi. If any corporation formed under this act for the pur- iu-w titu. topfjgy (,f constructing a ***** * telegraph may'iM-".!.^ * * * line, sliall be uuable to agree with the owiier ,,uii.-iincn8ef,)j. ^jg purchase of any real estate required for the pur- menTwUhpose of Riiy sucli corpoiatioii or company, or the trans- owncre. action of the business of the same, or for right of way or any other lawful purpose connected wirh or necessary to the operation of such company, such corporation may acquire such title in the manner provided by law. i its iiiiiiii liiy iiiiik*'! r llif pui- )a(l, cr fdi' aforesaid, ioii shall, oldtTs, so ^socialioii, ilterations such coin- nid SIM! re - ;e of the ) Re(U)rder (Usiiiess of lU'iidinent," e: force and li;ul been in its orig- DV the i)ur- telegrapli the owner or the pur- the trans- t of way or ecessary to ation may law. C L 11 A 1) . GENERAL LA WH OF 1877. ClIAPTKll XXIV. CRIMINAL ('ol)K. Division .\1. OfTeiioes committed by cheats, swindlers and other fraudnleiit persons. It shall be a misdemeanor punishable with a fine notsR' ~7. 1 1111 • • ^ L L l>ivulKiiiK con exceeding one thousand dollars, or iniprisonmer^ not to t.nus or |.ur exceed one year or both, in any employee of ji telegraph pos.- ..f u-iu , . •ii'iiTi .^1 tcnipl'lc lilt's- company or any other person to wilfully divulgt; the ^^^^ contents or the purport of any message or part thereof, sent or to be intended to be sent over the telegraph line, and tlie offender shall be liable for damages in a civil action. It shall be a misdemeanor punishable (as in the last «•■:<' "h, foregoing section), to knowingly and wiUully send or ^,,^1,,^. uxu>^ deliver a false message, or to furnish or conspire t»» fur t.-h'^nii'iiic " 1 1 • 1 liiesdiKe with nish such message to an operator to be sent or delivei-ed intent to lu- with intent to injure, deceive or defraud any person, corporation or the public, and the offender shall be liable in a civil action. It shall be ii misdemeanor punishable as in section F to wilfully or unlawfully open any sealed envelope in-'';"™;"'';;, closing a message with a view of learning its contents, i).rsoiiatiiiK 1. Ti.^1 .. ..1 lit I aiii'thcr for or to fraudulently personate another, and tliereby jno- p„r,M,s.- or cure the delivery to himself of the message directed to prot^^unnK 'i- . , , . -, . livery of such person. With the intent to use, destroy or detain messugo the same, and the offending party shall be liable in treble damages to the injured person for all damages sustained thereby. It shall be a misdemeanor punishable as in section A Ke'„;ii,1^ or nt to wilfully and fraudulently read or attempt to read by n.Hir,V,".wal;e means of any instrument or in any other manner any *^"'" ""■■»"- jure. Skc, 778. 84 iiiossM^o (in its frniisir, or lo wilfully mikI fiiuidiilt'iitly <>r (•laiidrsliiK-ly U'Miii, <.i:ilh'm].t to Ifiii ii tli.' roiil.'iiis or iii<'!miiir the disclosure of any private information received by him by reason of his trnst as aj,'ent of a tele^n'aph company, or lo nse or altempi to use such information when obtained. LAWS OF (ONNECTKIT. CITAPTER XXXTV. An Act, in relation to Telef>;raph Com panics- V,e it enact(Hl by the Senate and TIouso of Hep''e- sentatives in General Assembly convened. TELEGRAPH BILL. Skction 1. Whenever it sliall be necessary to mil or otherwise disconnect the wires of any tele ;iiiy or to olTfr (llscIo.siii'H 1 liy It'll son ', or to iis«» lined. 80 in^'s of III., siivris or liinli\v;iys. Ii«' wishes to cut. dis- connect, (M' reiiiov,. siieji wir.'s ;is :i foresaid, and leavo the same al (lie ollice of siieli company, if any there is in the town wliere sncli place is sitnat.'d. twenty-foiir hours before tlie time so stated : and if such company has no ofHci' in the same town, th>-ii li.' shall send sncli stiitenienl hy nini! to llieollic..of such company nearest, to the place named therein, hy pntlin^r if, im,, }|„, p„j,f. odice properly directed and siampe.l, ihre(> days hefor.. the time staled thei-ein. SiocrioN 'i. Whoever shall wilfully or re(ddessly cut. disconnect, remove, (U' otherwise interrupt the use »»f any lele^r,..,p|, win-s, without lirst Kiviii;; notice as provided in the lirst secticm of thisact, shall !).> punished us provided in section SSth i title l-Jlhtof the 4ih chapt.-r of the Itevised Statutes of this Stale. Siocriov:}. 'I'his act shall tnke eirect when approved. Approved duly ^4, ISOS. nics. of Repre- LAWS OK (ONXKrTICU' ;ary to cut tele, l.^'io No 'r»'lf^r:i|ili Cnmiiiiny or Msudcia- tioii may place any piers, |Mists or Mliiitnifiits i: oi u\u)U any lii^'liway witludit tlu- consfin of (lir adjoinin^r pio- l)iit'tois, or ill cast- siicli coiisnit cannot l»c ohinincd witli- oiit tlu' apptoval in writiii;^' of a county connnissioiicr of tlie comity when' sncii land is nitnatcd, which t appear and be heard relative thereto, and his fees shall be paid by such company exce[)t when he shall decid*; in its favor in an application aj^ainst it when they shall be paid by the applicant. Si:(!. 3. 1800, 1874. Tin- Sui)erioi' Court may order the removal of any t<'lei;-rai»li poles in the county where such court is held on the complaint of tlr^ State's attorney or any party aggrieved by their location. Si-:c. 4. 18(')().-Tlie Warden and Burgesses of any borough and the Common Council of any city may, up('ii giving reasonable notice to any Telegraph Com- pany, compel it to r-irnish ])oles of such style and liiiLsh as they may delerni: •" within their limits. Skc. T). 1800, 187-^. Any .Judge of the Sui)erior Court may upon the api>!ication of any jiarty interested and after due notice, unless the application has been un- reasonably delayed, appoint three disinterested persons to make a written appraisal of all damages which may be due to any person by reason of anything which may have been done by authority of the first tlirei^ sections, and said api)raisal, when approved by such .Judge, sliall l)e returned to and recorded l)y tlie Clerk of the Superior Court in the County where tlie cause of action arose, and tliereni)oii the sum specified therein shall J)e paid immediately by the company to the party en- titled to tlie same, or tlie .Judge may order the same to l)e paid immediately into the hands of said Clerk, to l)e IM,,,: or jisH been tin- ted persons wliicii may which may !e sections, icli ,)iidy said .liid^'e and jiaid ')y said Company, and he may issue execution therefor and for such damaues. Si:('. (i. KStiH. Wiien il shall be necessary to cut or otherwise disconnect the wires of any lelen; apli com- pany, or remove llieni from the pides oi" lixlures to which thoy are attached, for the transportation of any object on the lii^hwav, any jieisoii may do so. exeicisine; reasonable care iherein, pro\ ided that before doini;' so he shall leave a statement in writing' particularly describ- ini; the time when and the place where he wishes to disconnect such wires, at the ollice of such company, if any then; be in the town where such jilace is situated, tucnty-four hours before the time so slated, and if smdi Company has no odice in the same town he shall send siudi statement to its oflice neai'cst to the place named therein by jiuttiufj,' it ii.to the post-oflice projieily di- rected and stamped three ilays before the time statt-d therein. Si.:('. 7. 184S. The stockholders of every Telegraph Company, or^^anized under the laws of this State, shall be jointly and severally liable for the payment of all its debts contracted or diu> duriii<;' the tinit! of their holdinrs of .Iii.stice sliull take precedence ol" all oilier dispatches. CHArTER 4. Skc. 34. 1S4S, 1808.— Every person who shall unlaw- fully and intentionally injure or destroy any of the lines, posts, piers or abutments, or the niateiialor prop- erty belonging thereto, of any telegraph company, or shall wilfully or recklessly interrupt the use of any teh'graph wires, without lirst giving to such Company the notice required by law, shall be lined not more tlian two hundred dollars, or imprisoned not more than one year, or both. (JONNECTICUT. rUBLW AVTH OF 1881. CHAPTER XLTI. An Act Concerning Telephone and Telegraph Lines. Be it enacted by the Serate and House of Representa- tives in General Assembly convened. i'r.-scrii.tivo No persou or corporation building and maintaining nun-"rteleph()ne (U- telegraph wires in thi:s State, shallby tiioKrapi. orj.gj^g^,,! ^f any occupatiou or use of any building or lands linl^.*' ''""'' for the support of the wires of said person or said com- pany, or by reason of said wires i)assing over or through any buildings or lands, accpiire by the continuance of such use or occupation any prescription right to occupy or use the same. Approved, March 22, 1881. 1 1,1 s of Justice mil uiilaw- iny of the ial or prop- mi pany, or use of any I Comi)any :. more tlian •e than one ipli Lines, llepresenta- maintaining te, shall by ing or lands or said com- r or through itinuance of It to occupy 39 CONNECTICUT. rUBLW ACTS OF ISS-,^ CIIAl'TEIlLXXXlll. All Act Amending an Act Relating to 'laxalion of Corporal ions. ]k' it enacted by the Senate and House of Itepreseiitii tives in General Assembly convened. Section 10 of (chapter live, title twelve of the General Statutes (page 109), is hereby amended by inserting the words "or telephone" after the word "telegraph," wherever the same occurs in said section ; and furtiier by inserting the words " or telephone" after the word " telegraph" wherever the same occurs in said section, so that said section shall read as follows : Skc. 10. The secretary, treasurer, superintendent oi- manager of each telegiaph oi' telei)hone company doing business in tliis State, shall within the iirst ten days of October, annually, deliver to the comptroller a sworn statement of the year's amount of receipts for tele- graphic or telephonic messages at each of its oflices or places of doing business in this State ; and each of said companies shall within the Iirst twenty days of October, annually, pay to the State two per cent, of the gross amount of all receipts for telegraphic or telephonic mes- sages paid to it in this State during the year i)receding the first day of said month of October, which sum shall be in lieu of all other taxes upon its estate used ex- clusively in its telegraphic or telephonic business ; but when any such telegraph or telephone company shall fail to make such returns, the treasurer may accept from it ten thousand dollars in lieu of the sum then due under this section. Approved, April 12, 1882. 40 CONNECTICUT. PUBLIC ACTS Oi'MSSa CHAPTER CXIX. An Act Kelating to Telegraph Companies. Be it enacted by the Senate and House of Representa- tives in General Assembly convened. Delivery of dis- P]very electrlc telegraph company engaged in ihe busi- patches. „(,gg yf despatching messages for the public, shall, in towns where no free delivery is maintained, deliver all despatches to the persons to whom the same are ad- dressed, or their agents, by messenger, upon prepay- ment by the person sending such despatch of any charge due for such delivery, provided such persons addressed, or their agents, reside within one mile of the telegraph station to which the despatch is sent, under a penalty of twenty dollars, to be recovered by the persons to whom Approved May the despatch should have been delivered as aforesaid, in 1, 1883. j^jj action on this statute. les. apreseutii- 1 ihebusi- !, shall, in deliver all e are ad- n prep;5y- iny charge iddressed, telefijraph penalty of s to whom oresaid, in 41 DAKOTA. PENAL CODE, 1877. CHAPTER LVL OV MALICIOUS MiscimcF. Every person who discloses the contents- of any tele- skc. ns. graph dispatch, or any j)art thereof, addressed to an- *"'«^'''«'"« '•■'•■ oilier i)ers()n, without the permission of such person, to ^|,'i'.'' his loss, injury or disr con- venience ol ordinary travel on or over the said roads or highways. All acts, or parts of acts, coniiit^ting with the provis- ions of this act are hereby repealed. Tiiis act is to take effect and be in force from and after its passage. Approved, Marcli 5, 1881. Sku. 4. Skc. 5. 1) A K T A . Sec. 1. L A W S O F 1 8 8 ;} CHAPTER 109. TKLK(iUAI.!S. An Act to amend Section 718 of the Penal Code. Bill enacted by the Legislative Assembly of the Ter- ritory of Dakota. That section seven hundred and eighteen of the Penal iii.. line con- iilii)urte- rerritory ? the tax St cliiy of [ tlie Tcr- e for the ^ iiewspa- iiiji tliree ()r(lin<,My, s of sale, le time of • id to the ig the ex- telegraph right and this Ter- 8 of erect- istain the lail be so ,y ur coii- lid roads le provis- is to take Code, f the Ter- the Penal m Code be and the same is hereby amended, to read as ronaity for i,<. follows : trayiiiK con ,, ,. 1 n T T . tt'lltH of tlln section seven hundred and eighteen. Every person gnuus. who discloses the contents of any telegraphic dispatch, or any part thereof, addressed to another person, with- out the permission of such person, except upon the lawful order of a Court or the .ludge thereof, to his loss, injury or disgrace, is guilty of a misdemeanor. All ac s and parts of acts conflicting with the pro- .sec. u. visions of this act are hereby repealed. Tills act shall take eifect and be in f(nce from andMKo.a. after its passage and approval. Approved February 21, 1883. CIl A 1»TKU I 10 Telki'honks. An Act to amend CMiapter V.12 of the General Laws passed at the Fourteenth Session of the Legislative Assembly of this Territory. Be it enacted by the Legislative Assembly of the Ter- ritory of Dakota. That section 8 of chapter i;}2of Session Laws of 1881, ^*='-'- be and the same is hereby amended by adding after the^S'^rant: words "telegraph line" in the second line thereof, *'"' "=«'""" the words " or telephone line or exchange"; and by "^''"" adding after the word " public," in the third line thereof, the words " grounds, streets, alleys." That all acts and parts of acts in conflict with the^^'^ -• provisions of this act are hereby repealed. That this act shall take effe('t and be in force from ^'''''- ^' and after its passage and approval. Approved March 9, 1883. 44 LAWS OF DELAVVAllE. UKVISED CODE, 1^52. AS AMENDED, 187]. CIIAl^TEll 128. Offences against Phivate FitDi'KUTY SK, .0 8H83 If any persoi. shall wilfully and lualiciouHly cut down, Krnpll. ir auv [)eisf tliiu «f'lf.. SO !1S to or in|iiri' ;uij' i'>"e, v-. ^ , - , . wire' of any telej^raph company of this State, so as to obstruct teh-graphic cominunioations, he shall iorleit •• and pav to sucli company, or to any one who will sue for the'same, tweniy-tive dollars for the first olTence, and fifty dollars for every subsequent offence ; and when such penalty is sued for and recovered by any other than an agent of such company, one-half of the same shall be for the use ot the informer. There shallbe no stay of execution on any judgment for such Penalty, and if the plaintilT in such judgment, shall make alh- davit that the defendant has not suflident propert^y in the county to satisfy the same, the defendant shall l)e committed to jjrison for one month. Telegraph wires shall be atta<-hed to the poles at "^r;sXwflx-least twelve feet above the ground, except where they «''• enter a house; and if any agent of a telegraph com- pany having supervision of the line, shall suffer tins provision to be violated for ten days after notice by mail, directed to him, at the post office nearest his resi- dence, he shall forfeit and pay twenty dollars, to any one who will sue for the same. 4ff LAWS OF DELAWARE. , 1874. V. nit clown, )laro any . so as to 11 forfeit - will sue t offence, and when any other the same lallbe no penalty, iiake affi- roperty in t shall be VOL. XV J, PART 2. CHAPTER rm. Of tiik City of Wilminotopi. The Mayor and conncil of WiIniin(,fton, shall haveSKo. j power and authority to levy and collect taxes ujion all''\*;o,,!„^,[/„,^,!; telegraph poles erected within the limits of the city of Wilmington, and the city council may by ordinance l)rescribe the mode of levyin"' and collecting the same; in case any of the owners or lessees of telegraph poles i'o«it to re . n • ,1 ■ • 1 •. I II » , move the erected withm said city, shall refuse or neglect to pay same. the taxes that may be levied upon such poles, the city council have authority to cause the same to he removed, and may institute suit to recover the amount of taxes soRecovery of levied and the expenses incident to the removal of such '"'"''■ poles. Passed at Dover, February 10th, 1881. poles at here they •aph com- snlfer this notice by St his resi- irs, to any 40 LAWS OF KLOKIOA. Ski'. 1. Sko. 2. C1IAPTKH7H1. j^c it oiiiick'd l>y tli«> Senate iind House of llt'iircscn- tiifives of the Stiitt! of Floriilii ii» general Assembly foii- veiied, Tliat at any time JM-rearier any I.Mi or more per- sons, of whom at least live sliail be citizens of Mie State of Florida, who shall be desirous to form a eompany for the purjtoseof }»r(.je('lin,i!;or exleiidinK or erectinj; any line or lines of l.'le;irai)h ihron^'h this Siale,or from (.tie point of this State t.. anotlier, or from any point in this State to and into any other State or country, nniy make, sign and lile in the odice of the Secretary of Slate of this State a certilicate in writing in which shall be stated - the corporate name of said company, and the objects ()f which said company is formed, the amount of which each of said persons subscribed, and the amount of tlie capital slock of the said company; the number of shares of wlMch the said stock shall cimsist ; the num- ber of trustees or directors, and their names, who shall manage the concern of the said cojnpany for the tirst year, and the points in this State from and to or through which the said line or lines may be extended. Be it further enacted, That as soon as such certificate shall be filed as aforesaid, the i)ersons wlio shall hiive signed the said certificate, and their successor, shall, after the day of filing such certificate, be a body politic and corporate by the name stated in such certificate.aud by that name they and their successors sliall and may have succession, and shall, in law, be capable of suing and being sued, pleading and being impleaded, and answering and being answeied unto, defending and be- ing defended, in all courts and places whatsoevei', in all manner of actions, suits, complaints, matter and causes whatsoever; and they and their successor may have a common seal, and the same nuiy make, alter and change at their pleasure ; and they and their successors, by their 47 [cprcscu- il)ly con- i()r<' {)»'!- lit' Slate ipaiiy for tiiijx :in\ froiii (iiif It in tliis !iy iiiiikr, Aljite of hf staled - il)je('t.s of ol" which 111 of tlui iiiilxT of the niini- vho shtill the first r til rough 'ertilicate hall hiive or, shall, ;ly politic licare,aiKl and may of suing ided, and r and be- lter, in all id caused i\y have a id change s, by their corpornte name, shall, in l:i\v. b,. capable of buying, purchasing, holding and conveying any lands and tene- ments necessary to eiiabj,. the .said company to carry on tliei;' business and oi)erations. He it fiirtlier enacted. That the stock, properly and sk.-: concerns nf said company shall be managed by live trustees (U' directors, live of whom shall b.; citizens of this Stale, who. exctipt tlnisi- fur the liist year, sh;ill be elected at siKih time and phic." as shall be directed by ■ the by-laws (.f said company, and public n(»tin. shall be given of ihe liinc ;ind pi.. { In.lding such election, m.t less than ten days pi h.iis thereto, in lln> news- ]>!il»er nearest to the jilace where such election is to l)o held within this State; and the election shall be by ballot, and each stocUh(.ld,.r shall be entitled to as many votes as he owns shares of stock; and the jier- sons having the greatest number of votes shall be trustees; and whenever any vacancies shall happen among the trustees by death, resignation, or removal out of the State, such vacancy shall be tilled for the re- mainder of the year in such manner as shall be provided by the by-laws of the said company. Be it further enacted, That in case it shall at anys-u.i. time happen that an election of trustees be not made on the day when, by the by-laws of the said comi>any, it ought to have been done, the said company, for that cause, shall not be dissolved, but it shall and may bo lawful, on any other day, to hold an election for trus- tees, in such manner as shall be directed l)y the by-laws of such company. Be it further enacted. That the capital stock of anysrc 5 company oiganized under this a(;t may be increased to such an amount as the stockholders, 'or a majority of them, may from time to time declare and determine to be necessary to effect the objects of the association. Be it further enacted. That it shall be lawful forspc any company which shall organize under this act to con- tract for and purchase from any person or persons, cor- porations or governments, any grants, concessions or 48 Skc, 7. Skc. H. Skc, !). Si:<'. 10. privileges of whatever nature, wliich they nmy desire for tlie ])rosecuti()ii of their enterprise, and to issiu; stoel^ to the amount of the costs of sucli roncessions, grants iind priviU'ges, in payment tlierefor; and tlie stoclc so issued shiill he dechired and taken to he full stock, not liahlo to any call or demand whatsoever, provided that all such concessicms, grants or privileges shall he necessa- ry or material to the objects of the association ; and i)ro- vided also that no haidiing i)rivileges shall l)e acquired (»r exercised by any company organized under this act. Be it further enacted, That each ami every stock- holder shall b.- individually liable to the creditors of said corporation for so much as may remain uni)aid upon his or her subscription, and no further. Be it further enacted, That no organization made under this act, sluiU bear the name of any previous or- ganization, or company which nuiy have been .formed under this act. lie it further enacted, That every company to be or- ganized under this Act, that shall not commence active operations in this State,within twelve months from tiling the certilicates of organization, in the ofhce of the Secre- tary of State, shall be and is hereby declared divested of all the privileges acquired under this Act, and the said organization shall be deemed and hel ' to be dis- solved and void. Be it further enacted. That the stockholders of any company organized under this Act, or a majority of them, shall have power to establish and ordain such by- laws, rules, and regidations for the government of said company, and for the appointment of such officers and servants deemed necessary as mny seem to them expe- dient, and from time to time, alter, change, or amend the same in such manner as the said stockholdeis, or a majority of them may determine. w ii desire for (! stock to rJints iind so issued lot liable , that all \ ncct'ssa- aiid jiro- acquired this act. ry stock- editors of n uiij)aid ion made ^vious or- II f(»riiied to be or- nce active 'rom iiliiig the Secre- [ divested t, and the to be dis- rs of any ajoiity of i\ such by- iit of said Ticers and \\v'\\ cxpe- or amend loldcis, or FLOIMDA. CII.\PTKU 7S-,>. lie it enact.-d by th.' SpumI.' and II..iis.. of lf,M,n.s,>n-sKr a tativesof theStaleofFloridM. in -en-Tal ass,.,nblv c.,n- veiied, 'Ihat any company ov individual mav erect' posts and wires and otlirr lixtun-s fm- f..I..iriaj.li Juirposes, on or beside any i.iil)lic road or liiirjiwav in this Slate. Provided That such posts, wires, or fixtures in no case be so set or placed as t.. obstruct, hinder, or in any way interfere witii th<' conmion uses or l)usiness of said roads t)r hiyhwaw JJe it further enacted. Thai if any i.ers(.n sliall wil-„„. ,, fully destroy, (himage, or in anyway injure said tele- " ^naph ])osts, wires or lixtuics, 1,,., she, or'they so (.(Tend- mo- shall be deemed guilty of a luisd.'ineanor, and may be indicted in the Circuit Court of the countv, where suchdamaf,'e may be done, and shall, on conviction, be lined not less than fifty dollars, or imprisonment in 'the common jail of th(! county, not less than six months, or by both such fines and imi.risonment, at the discre- tion (d' the jury, and if there be no jail in said county then in any jail in the circuit court or district. lie it furth.-r enacted. That the Circuit Judge of the^ State shall give this A<;t in special charge to the Grand "' ' Jury, at every term of their Court. (K) i.\>vs OF <;i:oH(Ji V. ro/iA; 1S7M. Skc !)(>« 8KC. :«ia. SRC. ao.M. Act of 'JHtli of .laiiuiiry, ISTM. PiiK«' r)l8. Anv ix'isoii, nr iiny duly iiiroriioiattnl trlc/^iapli coin- paiiyjiiiviii^' lilt' ri.nlit to to construct a teh'graph lint; upon the right of way of any lailroad company, or Inive hereto- fore constructed in wholr or in part, a lelegiaph line upon the right of way of any railroad company, and the amount of compensation for the right of way so taken canm)t be agreed upon between said person, or telegraph company md the railroad company, the said amount shall b.r determined as follows : The railroad company shall elect one commissioner, ami the person, or tele-naph company shall elect another, and these tvvosluUl elect a third, and the three persons thus se- lected, or a majority of them, shall determine said amount, and the same shall be paid by the person, or telegraph company, to the railroad company ; the award of such commissioners shall be returned by them within ten days after making the same, to the Superior Court 01 r.i8. Hl!ll>ll Clllll- Stiite sliilll n ii[)()ii llie lies ill llils ;ts, lix tint's I'l'ccU"! ;it lads as will comiiMiiics, s U[)t)ii said t's shall be ages I'csiilt- ions oi this iipaiiy may lie upon the ave he ret o- egraph Hut? npany, and of way so [ person, or ny, the said 'he railroad tlie person, •, and these )ns thus se- er mine said le person, or f ; the award them within perior Court of tlie county wherein is situated the principal ofTlce of siiid railroad c()m|iany, and sliall, upon motion, ln'inado the judirment of said ('ourt upon which jiidgm<'iil exe- cution may issui^ against the property of saiil |)erson. or telegraph company, provided tha! either paity may, Mpoii notice to tilt' opposite |iaily, wilhin ten days after the rendition of said award, tile, in said Superior (Join t, olijectioii to the same, and upon said ol)je('tions an issue shall lie made iij). and the saiiif sh;dl he tried and de- trrmined at the liist term, by the Court and jury, as in other cases at law, and provided fiirtlu'r that in all cases where an api)eal shall be taken from the award of said commissioners, and the said person, or telegraph company, shall have tendered to the railroad company the amount of said award, such i)erson, or telegraph comi)any, shall be authorized to proceed in the construc- tion of said telegraph line upon the right of way of said I'ailroad, uix-n giving to said railroad (iompany ii bond with good security,in an auDiint to belixed by the judge of said ('ourt, for the payment of the amount which !nay be awarded by the jury ui)on the trial of said ai)i)eal. If any person shall wilfully destroy, damage, or inActofisri, any way injure the posts, wires or lixtiires, of any n'''iK-SKc.4i;i9 net ic telegraph company in the State, he shall be guilty ofu misdemeanor and. on conviction, shall be jjunislied as [irescribed in section 4,;31(i of this Code. Accessories after the fact, excejjt where it is other- g^.^, ,.„„ wise ordered in the Code, shall be pnnishi'd by ji line (not to exceed one thousand dollars, imprisonment not to exceed six months, co work in a chain-gang on the public works not to exceed twelve months, and any one or more of these punishments nuiy be ordered, in the discretion of the judge. m ACTS Oli" 1S80-1. Part I. Public Laws, Title 9, Judiciary. No. 218, Suits against Tklegrapii Companies. All Act to provide for fixing the invenue suits against telegraph companies, and to provide for service in sucli cases, arising within the State of Georgia. skc. 1. Ee it enacted by the General Assembl; of the State of ^''■""''°'™«'''' Georgia, That from and after the passing of tliis act, fti^uinst tele- n 1 , i • , •! grapii com- whenever any j^erson may have any claim or demand pimics. upon any telegraph company having offices or mort; than one place of doing business in this State, it shall be lawful for such person or persons to institute suit against such telegraph company v/itliin the county where the principal office of such company is located, or in any county where such telegraph company may have an agenc}^ or place of business, or where such place of business was located at the time the cause of action occurred, or the contract was made out of which said cause of action arose. skc.-j. Be it further enacted by the authority aforesaid, That sini... upon ji^rj]! ynits brouglituuder the provisions of section one of rompauieJ! ' tliis Act, sei'vice shall be effected upon such telegraj)!) company by leaving a copy of the bill or writ with the agent of the company if any ; if no such agent should be in the county, then at the agency or place of doing busi- ness, where the same was located at the time such cause of action occurred, or the contract was made, out of V hich the same arose. .OJ? Be it fiirtlier ptiachHl by tlie aiitlioiify aforesaid, Thatsp..- .r all laws and pails (.r laws in cotillict with this Act be, and the same ai-e hereby re|iealt'd. Approved, September If), 1881. OEOR(JIA. PUBLIC ACTS OF 1882. Be it further enacted by the authority aforesaid, Thatsi;r.«. all telegraph and telephone companies doing business in this State, shall pay a tax of one jier cent, on their gross receipts, and the superintendent or general agent of each telegraph and telephone company doing business in the State, shall make a quarterly return under oath, as fol- lows : On the last day of March, June, September and December of each year, to the Comptroller-General, showing an account of their g -s receipts during the quarter ending on that day, and said taxes lierein levied upon such gross receipts ay shown by said quarterly returns shall be paid by the respective companies to the Comptroller-General at the time of making said return. M LAWS OF ILLINOIS. IN RELATION TO TELEC^liAril COMPANIES. REVISED STATUTES IL7.1N01S.-1SU. CHAPTER 134. All Art lo revise tlie laws in relation to Tele«,n'apli Com- panies (approved March 24tli, 1874. In ftn'ce July 1st, 1874). [77/ /a- net applies lo all TeletpapJi Companies.] Skc. 1. Beit enacted by tliePeo])le of the State of Illi- nois, represented in thelleneral Assembly, Uiat eveiy company heretofore incorporated under any general or special [a\v,or which may be incorporated under any gen- eral lawof this State, for the construction or operation of any Telegraph line through or in this State,shall possess the powers and privileges and be subject to the duties, restrictit)ns, and liabilities prescribed in this act. Skc. 2. \Eiiiineid Domain.] 2. Every such company may enter upon any lines for the ])urpose of nudging surveys and examinations with a view to the erection of any telegraph line, and lake and damage jirivate jtroperty for the erection and mainte- nance of such lines, and may, subject to the provisions contained in this act, construct lines of telegrajjh along and upon any railroad, road, highway, street or alley, along or across any of the waters or lands within this State, and may erect poles, posts, piers or abutments for sui)porting the insulatois, wires and other ne(!essary lix- tures ()f their lines,in such manner and at such i)oints as not to incommode the public use of the railroad, highway, street or alley,or interrupt the navigation of such waters. 11. L. 1840. 'p. 188, C).] r..") NIES. 874. Sko. ']. I Ihttr roHiiu'lisnf!-)!! inn'h-.} ;{. When if sliiill be iifCHssMi-y lor t he coiis.'tnu'fioii, nltcratioii or repair of any liin' of tt'Ii'<,qapli to take or (lama'jje any property, tli3 s:iine may be done, and the compensation tliereof ascertained and made in the inaTiner \vlii(di may be at tliat time piovich^l by law for the exercise of I lie ri«i,'ht of eminent ilomain. [See "Em- inent I> Miiain" Ch. 47. L. 1841). P. 188, 6.J ipli Com- jrce July lies. I iteof Illi-' hat every eneral or •any gen- mition of 11 possess le duties, ct. lines for )ns\vitli a lake and I niainte- )rovisions il)h alon<;- or alley, itliin this nients for :?ssary lix- })oints as hifi;h\vay, •h waters. \Coiisriif ncccssnr// fo erect /wA'.?, etc., on roads, si reels, etc. Record. Allernlion.] Skc. 4. Xo suclicomiKiny shall have the rifi;ht to erect) any poles, posls,piers, al)ntments. wires or othei' li.vtnres of their lines along' or ujx)!! ail}' road, highway, or pnblif- ground outside the corjxirate limits of a city, town, or village, without the consent of the county board of the county in whichsnch road, highway, or public ground is situated, nor upon any street, alley, or othei' highway or public ground within any incMtrporated ciiy, town, oi- vil- lage, without the consent of tlu' corijorate authorities of su(!li city, town or villag''. 'IMie consent herein lequired must be in writing and siiall be recorded in tlie recordtu-'s ollice of the county. Anilsn<'h county board, or the (iity council or board of trustees of suc^li city, town or village, as the case may be, shall have power lo direct any alter- ations in the location or ei'ectioii of any such ]ioles, [»osts, piers, or abutments, and also in tin; ht-ight of the wires, having lirst given the com])any or its agents o[)portunity to be heard in regard to such alteration. {Penollu for liijnrhnj Telegraphs. \ Skc. I). .Vny piMson who shall uidawfiilly smd inten- tionally injure, molest or destroy any of said lines, posis, piers or abntmenfs, or the materials or i)roperty belong- ing thereto, shall, onconviction thereof, be deemed guilty of a niisdemeanor.and be punished by a line not exceeding $r)()(), or imprisonment in the penitentiary not exceeding one year, or both, at the discretion of the court having m cognizanco tliprcof. Prnscnilions under tins not hIkiII i-t* by indictment in any coiut liaviii<: criiiiiiial jurisdiction. [See "Crini. Code," cli. :\S, 197. L. 1S49, p. 181), 7. J [Refusal to receive or transmit despatcJies.] Sec. 0. If any company or persons owning or operating any telegraph line in this State, shall refuse to receive any despatch Trom any other company or person owning or operating any telegraph line in this State, or shall lefuse or wilfully neglect to tiansmit the same in good fidtli, and witliout j^artiality, the company or person so offending, shall forfeit ail rights and franchises acquired under the laws of this State, and shall forfeit all right to transact telegraph business in this State, and maybe en- joined therefrom by bill of complaint, tiled in any court of competent jurisdiction, and be liable to pay all dam- ages which shall accrue, by reason of such refusal to the company or person offering such despatch for transmis- sion. 1 L. 1849, p. 189, 9. 1 [Messaf/cs sent in order of reciplioii— Suppression- Revealing Contents. J Skc. 7. It shall be the duty of all ])ersons employed in transmitting messages by telegraph, to transmit them in the order in whiidi they are received ; ami any person who shall fail so to transmit a me.s8age,or who shall suj)- })ress a message, or who shall make kiu)wu the contents of a message to any person other tlian the one to whom it is addressed, or his agent, shall be deemed guilty of a misdemeanor, and be punished by a line not exceediiig $1,000. [L. 1849, p. 189, 11. I {Transmitling Falsehoods.] Six. 8. Whoever shall transmit, or cause to be trans- mitted, by telegraph, fiom any place in this State to any other place in this State, or elsewhere, any falsehood, knowing the same to be such, shall be lined in any sum n(»t exceeding ii^oOO. [L. 1801, p. 211, 1. J Sllilll l'(» ulictioii. ), 7.J receivt! 1 owiiiiif;' or sllilll in g-(>()(l KM•^s()n so icqiiired I right to ly be e:i- iiy court all diini- ;al to the raiismis- essio/i — if • [Aiding Tichcllion, Rio/, A-c] Skc. 9. Any iici-son who. Tor the ])urpos(M»f inciting or aiding iclx'llioii, riot or instirsection in this State against the goveiiinient or laws of this State, or of the United States, or a hostile invasion of this State, shall transmit or canse to be transniittt'd by telegraph any eoniinunica- tion whatever, shall be inii)risoneniply ^^"l"^; ||^^^^^ with the following re([uiremHnrs, t»» wit: It shall unite s,Kiati..ii. in articles of association, setting forth the name it as- sumes, the ])oints between which said company proposes to operate lines of (elegrai)h, the amount of cai)ital stock, and the nnml)er of shares into which it is divided. The names and i)laces of residences of the stockholders, and the amount of stock taken by each, shall be sub- scribed to said artic^Ies of association, and the same, when signed by the stockholders, shall be acknowledged before some officer authorized to take acknowledgments of deeds,and recorded in the office of the Recorder of each county through which the same shall run. !}. Not less than three nor more than five directors shall sw. ir64. be elected by the sto(rkholdei's, who shall hold their of- rectors! tice for one yeai' and until their successois are electetl ami qualified. Notice of the election of directors shall be given by publication, for two weeks successively, in some newspaper published in the county in wliich the principal office of the company is located. 4. Any board of directors elected under this act, may sec.4166 m Skc 4116. rowers om.rrM. when organizfi by clum.sinff a prosidcMir (wlio mnv also l»o sut). eiiiitcndeiit ol said ('(»riii)aiiy), and a si-cri'tary (wlio may also be treasuivr (.f the company „ :.nd sucli otheroflic'i's as may be necessary fo cany out flie purposes of the or- ganization ; and from thence shall be known by its cor- ])oiate name, and shall be capable of suinj; and bein^' sued, pleading and being impleaded, defending and be- ing defended, in any Court of competent jurisdiction. f). Such company may have a common seal, and the same alter or change at pleasure. It shall have power to acquiie by purchase or otherwise, hold, and convey su(!li real and personal estate as may be necessary and proper for the purpose of erecting and keepijig \n re- pair its lines of telegraph, and the buildings lecpiisite for their operation. Said corporation may continue for a term not exceeding fifty years. Such corporation shall have power to acquire such real estate and rights- of-way as may be necessary for the uses and purposes herein contemplated under the writ of a.ssessment of damages, as fully as if the act in relation to said writ were incorporated and made part hereof. G. The board of directors shall provide a code of by-laws for the govei-nment of the corporation and the management of its business ; and shall cause to be kej)! a fair record of its i)roceed- ings in a book provided for that purpose, and such lec'jrd, or copies duly attested by the secretary, may be read in evidence when the interests of said corporation ar stock, for liie purpose of rei)airing or extending its lines; and shall m Iso l)o sup. ' (wlio may lun'oflict'i's sof tlio or- l)y its cor- iuid l)tMn^ 1^ iind be- idiction. il, and (lie lave power nd convey r'ssaiy and ing in re- lecpiisite •ntinne for orporation md riglits- [ purposes 's.sinent of said writ 3 a code )ri)oration and shall l)ro('eed- and such y, may be )rp()riition H' tills act, telegraph 1 any tele- r to make k, for the and shall also have Hie power, witli the consent of a majority of stockholders, «»f increasing its cai)ilal stock for tlie pur pose aforesaid. 10. The Hoard of Directors shall, in its by-laws, sk.' nn. determine the manner in which the stock of the com- "^^J,X '""" pany shiill be held and conveyed. 11. Every stockholder shall be lial)le, in his in-SKc.tira. dividual caiiacity, fur any contract, debt or eiigMgi-meiit ''"*"''"''" "' of such coiiipaiiy to an amount over and above his stock, equal to the amount of the par value of his stock. Ain'KLK 2— PoWKlJS AM) Dl TIKS. 2. Any of said companies, through its Hoard oim.-mn. Directors, with the consent of a majority (>i the stock-^'"> ' "'' hi 1 1111 . ' . . I'liiiitiil sIihI*. outers, shall have power to reduce its capital stock to any amount noi below the actual cost of construc- tion. '.I The officers and directors of .said telegraph com- skc 4i7i. panics shall hereaftei- be elected from among the stock- 1^'^^'''"'"^^'' "i «'' holders residing in this State, or at some i)oint in any "''""'' of the adjoining States where any of said companies shall have a telegraph station, 4. All irregularities or defects in the organization of se.. nr;. said telegraph companies are hereby legalized • oiKanizaiion Prorided, that tiiis section shall not be construed in such a manner as to prejudic(^ the rights of citizens of this State, nor in su(!h a manner as to allow such com- panies to institute any suit or suits against the in- habitants of this State which they are not allowed to institute by the laws of the State. 1. Every electric telegraph company with a line ofsw uto. wires wholly or partly in this State, and enga<>-ed j,, ""^"'^ "'"""»- telegraphing tor the public, shall, during the usual aity. oflic hours, receive despatches, whether from other telegraphic lines or from individuals, and, on payment or tender of the usual charge, according to the regula- T Sec 1177. (li scloH (laniiiRCS, tioiis of siicli company, Hliall tiiinsniit tlic same with impintiiil'ly '""l ^""•' '"'•''' '""^ '" ""' "•■^•**'' "f ''""' '" wliicli they arc ivccived, iiikI.t lu'iialty, in case of failure to transmit, or if postponed out of such order, of ri(h(L h(>iPtPC)\ Tliat !irran«>ements may he made witli liie pul)lisliers of newspapers for the transmission of inteili-,'eiic»' of general and public itderest out (»f its order, and timi communicatier!S()iis ' hf» niadu iiisinissKtii out (»f i(s ofliccs (if cnnstriied 1 ml., 181.) ined lit ail not hay a telegraph lit was (Mi- W. IJ.Tel. 'or spt'(dal [•e of llieir [viiHn)itliiig sure of the rson other af^ent. r this see- the C( ill- ages. (W. language ithoiit in- /. U. Tel. e of wires I damages I message. 37.) \. The ijlaiiitifT. to whom a message was sent bitt not delivcied iiy the comiiany, may reco\ei dam- ages for tlie Mondi'livery thereof, although the rela- tion of coiiliactor did not exist between him and (■r.mpany. ( \V. V. Tel. «'(». r. Kenton, iVi Inil., 1.) 8. Such companies shall deliver all despatches, by asw;. 417h. niessriigrr. to the persons to whom tht* same ai'e '''I- [J,!XTy oi! dressed, (,i' to their agents, on payment of any chavgcs due for the same ; I'lorif/ctf such persons or agents I'e- side within oin' mile of the telegraphic station or \> it li in the city or town in which such station is, 1. Und(!r this section it is the duty of the com- pany to iransmit a message, not niertd to the tel- egrajih station hut to ihe person addressed. 4. A railroad company iiiay construct a ;elegrai>li toSK( iitd. . , • . • . • 1 1 » I • !• 1 Uailrdiiils lis connect two oi- more points on lis railroad. And it siicli „,,„.|ii„,|,i, rw railroad comjiany entirely own such telegraph lines, it orown.rH. shall not he hound to telegra))h for the public unless it undertakes to do so. 5. (Jonlracts by teleuraph between two or more prr-^'"' '"***^- '' . ' , . . . Cniilracl s by sons shall be considered as contnicis in writing. t.-iiKrupii. CHAPTER n. CniMKS. T);"). Whoevr maliciously or mischievicusly injuress,:r. lovi. anv telearanli pole or telei)lione i)ole, or the wire or any '"J"'''"« '^'''''' ~ , , . . If K'nipii ortfie- part of the api)aratus thereof, upon conviction tliereol pi,,,!,,. ikjIos shall be fined not more than live hundred dollars nor »'■"''■'■'* less than live dollars, and imprisoned in county jail not more than six nioiilhs nor less than thirty days. 1 N IM A N A . ItF VISND ST A T U TKS\ 1 SS 1 , CoUroUATIONS.— TlCLKriloXK CoMI'ANII'N. CIIAPTEIl 41}. kk.iiri, 1. Any iiiiiiibcr of ])t'i's(tns may form flienisclvfs info Mil}- Ik- formed, j^ coipdiii t lon fof f lit! iiuii)os»' of ('stiihlisliinu;, m:iint:iin- int,' and opt'iMtiiig tttU'pliones, telepliono lin«^s and tt'lc- ])liont' (>x( liant^i'S within tlw Si iff of Indiana, by com- plyiiiu; witli tlie rt'^inircmentM of tliis act. sh:(.41!-.'. 'i. Tlit-y sliall join in tlu» exccniion of articles of asso-' Articii'H of As ,.j.,jj,„, j.,,(fj,,„. fmii, tii,> naiiK^ assnmcd, tlie couiilit's KOCllllioM. , ...I'll 1,1 or places williwi uImcIi siicn company proposes to cstao- li.sh, maintain and opcralc telephones and telephone hx- chanfi;es, the amonnt of cai)ital stock, and the niimixM- of shares into which it is divided. 'IMie stockholders who incorporate such association shall each si<^n such articles, giving his ))lace of resideiuie and the ainonnt of stock snbscribed for by him, five of whom (if there be so many si<>;ners^ shall acknowledu'e the execution of snch articles before some oflicer anthorized to take acdiiiowledgments of deeds. And the articles shall therenpon be recorded in the oflico of the Secretary of State. 8K.r. 1183. 3. As soon as snch articles are filed for record in the When imoriio-,,j|jj.^,,|- fl,j,*^,,,.i.,>f.^,.y of State sncli company shall be deemed and held to be a corjnjrat ion by the name specified in the articles of association, and in its corporate name shall be capable of sning and being sned, pleading and being imphMided, lefending or being defended in any Court of competent jurisdiction. 4. The stockholders shall elect from among their r.-c't or B.' number not less than three nor more than nine directors, TtTUl. rated. SKf, 4IS.t. Klfi-tlon < f dl- IKS. selves info jiKiiiitain- iuitl telo- i, 1)V com- es oT asso-*' le coiiiilies ^s to ('Stab- 'phone HX- le niinilxT )i'kli(>l(lers si<^n sncli le amount (if tliere be edition of (l to take ides shall cietary of iord in the i shall be iiesperihed rate name 'ading anil led in any nong their 3 directors, I 08 a majority of wjioni slciH he residents u( this State, who shall hold odiec for one ye.ir and nnlil their mm;. cessors are elected. Not lee (d" I he election (d' diree|(»rs shall be <;iv,'ii i)y |ti|ldi(Mlioii. for two weeks snccess- Ively, in s(.me ne\vsi»;i|ter in the county in which the priii(i|ial oflice is located. r». The principal ollice (d' snid company shall be main-,>c uhs. lained in this State. The Hoard of Directors shall ''""'''"' ""''■" orgaiuze within ten daysal'ler snid election, by (dioosinir °'"""'''' one of its mend)ers president (who may also be siipei'- inteiidenl), and a secretary and a treasurer (which two offices nniy be tilled by the same person), and such other officers as may be necessary. (). The IJoard of Directors shall adopt bydaws for thesio im pfoverninenl of the corpora! ion and the maiia,i;'ement ofnyinws. its business ; ami shall cause to be kept a full and com- E^iZlilo. l)lete record of its proceedin.^s in a book [irovided for that purpose; and such lecord, or co[)ies duly j)roved, may be read in evidence when the interest of the cor- poration are com.'erned. 7. Such company may hav(^ a common seal, which kkciw. may be altered at pleasure, and shall have power to ac- «*'"'• quire liy purchase or otherwise, ami hold and convey/""'"'" sn(di real and personal estate? as ?nay be proper for the purpose of erectini^ or maintainiui;' its lines of tele- l)hone and the appliances and buiklin-,' re([uisite for its bnsiness ; and shall have; the right to ac(piire such real estate and ri<^-hts of way as may bt* necessary for its business, under the writ of assessment of damages, as fully as if the act in relation to said writ were incor- porated in this act and made part of the same. The life of a corporation organized under this act shall be lim- ited to fifty years. 8. Any telephone company organized under this act g^^ 4,^3 shall have power to lease, or attach to other telephone iwcrs. ' lines or excliaj>ges by lease or purchase. 9. A railroad company may become a stockholder in^Ec ms. Kiiilroiu'in may bt; stockhold- ers. any telephone or telephone exchange company. SKC 41'J0. Liability. 68 10. A telephone conipjuiy sliall not be liable for errors in messages or coniniiinieations, except when such messages or communications are transmitted under con- tract directly by agents or em})loyees of the comi)any ; nor shall it be liable for any special damage sustained by a failure of its instruments to work, beyond a rebate of the I'dnt charged for the time such instrument failed to work. n. Thrf Board of Directors shall have power to make assessments, from time to time, on the stock, to the ex- tent, in the aggregate, of its face value, for the purpose of repairing or extending it 3 lines ; and it may also, with the consent of a majority of the stockholders, increase the capital stock for the purpose aforesaid, it may also, in its by-laws, determine the manner in which the st.jck of the comi^any shall be held and assigned. 12. Every stockholder shall be liable, in his individual Btocki.oiders. capocity, for any contract, debt, or engagement of such company to an amount, over and above his stock, equal to the face value of his stock. Skc. 4181. Stock. Sec. 4192. INDIANA. REVISED STATl/TES, 1881. Chimes. CHAPTER 5. Art. 8. — Against Public Policy. SBC. 81SS. 218. Whoever, being an operator, clerk,servant or mes- Dihciosing con-syiwer of auv telegraph company, discloses the contents tontB of tele- „'',.,, \ • i r KTums of any dispatch or message sent or received from any 67 L' for errors hen such under con- company ; i sustained id a rebate nt failed to er to make , to tlie ex- ile purpose y also, with ra, increase may also, 1 the stjclj: individual nt of such ;ock, equal ant or mes- lie contents from any office of sudi comj>any, except to a Court of Justice, or to a person authorized to know the same, shall be lined not more tiian live hundred dollars, nor less than ten dollars. INDIANA. EEVISED STATUTES, 1881. Taxation. CHAPTER 08. Art. 9.— Foueign Cokporation. 85. Any joint stock association or corporation engaged s^r. m,. in transmitting to, from, through or in this State tele- '''"''''''''''•''"='*™- graphic messages,and incorporated under the laws of any '"""'* other State, shall be deemed and be held a telegraph company. Every such telegraph company shall, an- nually, between the first day of April and the first day of May, make and deliver to the Auditor of State, a statement, verified by the oath of the officer or agent of such company making the report, showing the entire receipts of each agent of such company, doing lousiness in this State for the year then next preceding the first day of April, for and on account of such company, in- cluding its proportion of gross receipts for business ' done by such company ii. connection with the lines of other companies : Provided, That nothing herein con- ■ tained sliall release such telegraph companies from the assessment and taxation of its tangible property in this State in the manner that other tangible property is assessed and taxed. Such company, in making state- ments of such receipts, shall include, as such all sums 68 eai'iicd, or clmr^cd in tin* business for siirii preccdinj; year, wliethcr actually received or not. 8ucli star(*- int-nt shall c(Uiiain an abstract of the am unt received in each county, and the total amount received for all tluf counties. In case of the failure or refusal of such telegraph c(»n)pany to make such statement before the first day of May, it sluvll then be the duty of each local agent of su(di telegraph company within this State, an- nually, between the first day of May and the first day of June, to make out and forward to the Auditor of State a similar verilied statement of the gross receipts of his agency for the year then next preceding the first day of April. When such statenipnt is made, such telegraph company shall, at tlie time of making the same, pay into theTreasuiy of the State, tlie sum of one dollar on each one hundred dollars of such receii)ts. Any such- telegraph company failing or refusing for more than thirty days after the first day of June in each year, to render an accurate account of its receijits in a manner above provided, and to pay the required tax thereon, shall forfeit one hundred dollars for each additional day such payment and statement shall be delayed, to be recovered by an action in the name of the State of Indiana, on the relation of the Auditor of State, in any Court of competent jurisdiction, and the Attorney-Gen- eral shall conduct such prosecution, and such company, corporation or association so failing or refusing, shall be prohibited from can-ying on said business in this State until such payment is made. cm. Tciepiione 80. Every telephone Company doiug business in this Companies, gfate aud Incorporated undei- Jie laws of any other . State, shall annually, between the first day of April and the fii'st day of June report to the auditor of State under oath of an officer or agent of such corporation the gross amount of all its receipts in the State of Indiana for the year immediately preceding the first day of April, and shall, at the 'ime of making such report, pay into the treasury of the State the sum of twenty-five cents on every one hundred dollars of such receipts. Any such m ich st:it<^- t I'eceivf'd id for all \l of such before the each local State, an- first day r)i ofStatc! pts of his rst day of tele<>rapli e,|)ay into ir on each \.iiy such- nore than h year, to a manner : tliereon, additional elayed, to e State of te, in any rney-Gen- conipany, 5, shall be this State iss in this any other April and tate under the gross idiana for 7 of April, , pay into 'e cents on Any such telephone company failiiis or refusing for more than thirty days after the lirst day of .Iiine, to render an ac- curate account of sucli gross receipts as above provided, and to pay the required tax thereon shall forfeit ten doliais for each additional day such reportand payment shiill be delayed to be recovered in an action, in the name of the State of Indiana, or the relation of the Auditor of State, in any Court of competent jnrisdiction, and the Attorney-General shall conduct such prosecution ; and such telephone companies so failing or refnsing shall be prohibited from canning on said business until such payment is made. INDIANA. liFVISED STATUTES, 1881. COUPORATIONH— RaILKOADS— AlTKIt OimANIZATION. CFI AFTER :?8. Art. n. — Fkanciiisks. now or hereafter Any railroad company fully organized, and owning or operating under lease or otheiwise, railroads in this State, is here- by authorized and empowered to construct, main- tain, own and operate lines of telegraph upon and along the route and right of way of the railroad or rail- roads owned or opeiated by it, and such additional dis- tances beyond the termini of the main line or branches of such road or roads,or from su(;h points on the main line or branches thereof, as may be necessary to reach busi- ness centres, for its own and also for the public or com- mercial uses, and to connect and operate the same for lilW- Skc. 4018. ,. Tolet;rii|>ti Lines. like iisi; in connection witii flie telegraph lines of other railrotids or telegraph companies or individuals in this or any other State, - as to form a continuous line, upon such terms and conditions, for the interchauf^e and forwarding of business, as may be mutually agree- able to the parties, and to charge, collect and receive reasonable and customary rates for transmission of tele- grams thereupon. A railroad company may take stock in a telegraph company, or construct telegraph lines on its own road. s.;c.4oi9. 2. That it shall be lawful for any such company as is comimiiiossub- I jj^ ^j^^ preceding section to acquire, upon jcct to reeu- ^ , . , • ii • i i i lations. terms mutually agreeable to the i)arties, tlie riglit to construct lines of telegraph or to acquire telegraph lines already constructed upon and along the line of any other railroad or raih'oads in this or any other State, and to maintain and operate the same separately or in connection with their own line, for the transmission of its own or public or commercial telegrams, and charge and collect customary rates therefor : Provided, That all railroad companies owning or operating any tele- graph line or lines under the provisions of this Act, shall be subject fo all the regulations, penalties and liabilities of telegraph companies, as are now or may hereafter be provided by law, when receiving, transmitting and de- livering messages for the public or any individual or company. INDIANA. Sec. (i577. Acts of the General Assembly of The State of Indiana, 1H83. CjiaptkuS. An act to punish persons who disclose the contents of messages or conversations sent over telephone lines. [In force after due publication and circulation by authority.] 1. Beit enacted by the General Assembly of the n es of other lals in this nous line, uterchanf^e ally agree- nd receive ion of tele- telegraph own road, ipany as is lire, upon he riglit to [fraph lines ine of any ther State, ately or in mission of and charge ided, That 5 any tele- sAct, shall \ liabilities lereafter be ng and de- lividual or )f Indiana, ho disclose sent over Illation by bly of (lie State of Indiana. 'Plint any operator, clerk, servant, Di-w-iosinR toio- " , , plume c o n - messenger or employee, of any telrplione company versatum or doing business in this State, who discloses the contents message. of any despatch or message, or any conversation had between persons while using the line of any telephone company, except to a Court of Justice, or to a person entitled to know the same, shall be fined not more than five hundred dollars, nor less than ten dollars. Approved February 13, 1H83, R. S. 1881, Sec. 2128. They shall join in the execution of article,? of asso- skc. e. . - , ., 1 ii »• Articles of As- ciation, setting forth the name assumed, the counties ^odaiion. or places within which such com mny proposes to es- tablish, maintain and opt • ite telephones and telephone exchanges, the amount of capital stock, and the num- ber of shares into which it is divided. The stockhold- ers who incorporate such an association, shall each sign such articles, giving his place of residence, and the amount of stock subscribed for by him, five of whom (if there be so many signers) shall acknowledge the executing of such articles before some officer author- ized to make acknowledgments of deeds, and the arti- cle shall thereupon be recorded in the office of the Sec- retary of State. As soon as such articles are filed for record in thesE-.a office of the Secretary of State, su '• company shall be deemed and held to be a corporation, by the name speci- fied in the articles of association, and in its coriiorate name shall be able of suing or being sued, pleading or being pleaded, defending or being defended in any Court of competent jurisdiction. The stockholders shall elect, from among their num skc a. ber, not less than three nor more th i nine directors, f""'<='^'"'' a majority of whom shall be residents of this State, who shall hold office for one year, and until their suc- cessors are elected. Notice of the election of directors shall be given by publication, for two weeks successive- ly, in sv>me newspaper in the county in which the prin- cipal ofllice is located. The princijial oflice of said company shall be main-SKc.4. Arlii'leH filed in ollloe of See- re tary of StuU'. Principal office tained in tliis State; tim Hoiud of Directors sluill orijjan- of Company. . -.i • ^ i .•. .i • i .■ t i • ize witliin ten (lays aiter tlieirelerlion, by choosing one of tlieir number president, \vl o may also lie sui)er- intendent, and a neeretary and a treasurer — which two ollices may be filled by same person — and siieh other officers as may be necessary. Sec. 8. The Board of Directors shall adoi)t by-hiws for gov- nyi-aws. ernment of the cori)oration and the management of its Kecoicl of I'ro- , '^ " ceediugs. buslness, and shall cause to be kept a full and <'om[»lete rec( d of their proceeding's in a book provided for that purpose, and such record, or copies duly proved, may be read in evidence when the interests of the cori)ora- tion are concerned. skc.7. Sucli company may have a common seal, whicli may Bmi. Acquire, |j altered at pleasure, and shall have power to acquire liold, convey ^ ' '■ ^ real estate. — by purcluise or otherwise — and hold and convey such real and personal estate as may be proper, for the pur- pos^e of maintaining or erecting its lines of telephone,and the appliances and l)uilding requisite for its business ; and shall have the riglit to acquire such real estate and riglits of way as may be necessary for its business, Termor corpo'""^*^^" '^''^' ^^'^'''' ^'^ assessuieuts of damages, as fully as ration. if the act in relation to said writ were incorporated in this act and made part of same. The life of a corpora- tion organized under this act shall be limited to lifty years. sko. 8, Any telei)hone companies organized under this act To lease or »tj.]j.^ii |,j^yji powcr to lease, or attach to other telephone taeliotlier i ' •*■ lines. lines or exchang«\s by lease oi- [)urchase. Sko. 9. A railroad company may become a stockhohier in any "'l'iai"y'' KtTk- teleplione or telephone exchangt^ company. iiolders, Sko. 10. A telephone company shall not be liable for error.s in Not '''^''•o 'o"" messages or communications excej)t when such messa- errors. ~ • -, -t ges or communications are transmittt^d under contract directly by agents or emph)3'ees of the compan}^ nor shall it be liable for any special damage sustained by a failure of its instrumenrs to work, beyond a rebate of of rent charged for the time such instruments fail to work. ts 11 nriija ri- sing ono V. su]^^'v- liicli two ch otlu'V I for gov- jiit of its complete for that i'ed, may cori)ora- lich may J acquiie vey «iicli the pur- h()iie,niul )iisinesH ; ^tate and jiisiness, fully as rated iu corpora- l to lilty this act elephoue er in any errors in h niessa- con tract any, nor lied by a rebate of ts fail to etock. The board of dircM'toi's shall have power to make ns-SEr. ii. sessmeijls from time to time on the stock, to the cxtt'iif^''"''"'""'"' °" in tlie iT^',i^reurpose of increase of repairing;' or extciidiii<>- their lines, and they may also, with th<' consent of a mnjoiiry of stockhoMers, increase the capital stock for the puipose aforesaid, they may also in their by-laws, determine the manner in which the stock of the com])any shall be held and assi<^ned. Every stockholder shall be liable in his individual ca-SK.- la. pacity, for any contract, debt or eima<,^ement of such ^'r. •";""!" ,'," company to an amount over and id)ov(^ his stock ecpial i-ic for iiebto. to the lace value of his stock. An emerfijency exisfiniliiig the first day of Ajjril, and shall at the time of making such report, pav into the treasury of the State the sum of twenty-five cents on every one hundred dollars of such receipts; and any such telei)lione company failing or refusing for more than thirty days aftei the first day of June, to render an accurate account of such gross receipts, as above provided, and pay the iv(piired ta.x thereon, shall for- feit ten dollars for each additional day such report and payi.-ent shall be delayed, to be recovered in an action m in the name of the State of Indiana, on the relation of the Auditor of State, in any Court of competent juris- diction, and tlie Attorney-General shall conduct such prosecution ; and such telephone comj)anies failing or refusing shall be prohibited from carrying on said busi- ness until such payment is made. LA; tion of t jiiris- !t such ling or (1 busi- m LAWS i)V IOWA IIKLATING TO TELEGRAPH COMPANIES. (Prom Chap. 0. Title 10. Code of 1873.) Skc. 1324. — Any person or oonip.iny may construct a telegTa])h line along the public highways of this State or across the rivers, or over any lands belo'"^ing to the State or to any private individual, and v y 'ect the necessary fixtures therefor; irrodided tl.at on any highways along which said line has 1 :" to.'^.ructed shall be changed, said person or com" y hall, upon ninety days' notice in writing, remove iar, line to said highway as established. Said not* 'e contemplated herein, may be served on any agent o^ opax'ator in the employ of said person or comi)any. MEMORANDUM. [It has b(^en customary to regard this section to au- thorize foreign cor]>orations to cxeicise tliesanui powers and rights in this State, which domestic corporations might exercise. Neither the Western Union nor the A. & P. are organized under the laws of Iowa. It is still un- settled whether tliis section authorizes the construction of a telegraph upon the right of way of a railroad.] Seo. 1325.— Such fixtures must not be constructed as to inconvenience tlie iniblic in the use of any highway, or the navigation of any stream, nor shall they be set up on the private ground of any individual without pay- ing a just equivalent for the danuiges he thereby sus- tains. Sec. 1320. — If the person over whose lands such tele- graph lines passes, claims more damages therefor than the proprietor of the telegraph is to pay, the amount of . 183, lohich proi^ides that : Sec. 1058. — Any number of persons may associate tli«'Mis«'Iv«!.s iuid l)fc(tnu' lii('(»rp(ti!ii<'(l f(»r tlic hiinsju^liiMi lA mill fmr/iil Inisiiirss, iiicliKliii-i; the t's(;il>lisliiii('iit of r»'iii('s, the (•((iistnictiidi of «nii!il,s, inid raihviiys, hridj^t's or (itliei- work nl" intonal iinpidViMiK'n.', Ixil siicli iiinir- iMU'iiliuii coiifprs no ])o\\>'roi- privilc;;*' not posso.s.scd Ity nahiiMl juMsons, except as liMiHinaftcr provided. Skc. l(ir)!». - Ainon^' I lie powers of such luxly corjiorale .'U'e llie following : 1st. 'i'o have perpetual siieceHsion. iM. 'io sue and he sued by its corporate name. :kl. To have a corporate seal widch it injiy alter at pleasure. 4th. 'Co render the interests of the stoclcholders trans- it ra hie. r)th. To ex('Mi])l tln^ piivate proj)erty of its members from liability for corporate del)ts, except as herein otherwise declared. Gth. To establish by-laws and make all rules and regu- lations deemed exi)edient for the management of their alTairs in accordance with law. Sioc. 1000. —Previous to (^omnii'ncing any business, ex- cej)t that of tln'ir own oiganization, they must adopt articles of incorporation, which n)ust be recorded in the office of the recorder of deeds of the county where the principal place of business is to be, in a book kejjt theie, or ; the rect)rder must r<'(;ord such ai'tides as afore- said within live days after the saints are filed, and certify thereon, the time when the same were tiled in his office, and the book and page where the record thereof will be found. The said articles shall then \w recorded in the office of the Secretary of State, in a b;,(.k kept for that purpose. Sec. 1061. — Such articles of incorporation must tix the highest amount of indebtedness or liability to which the corporation is at any one time to be subject, which must in no case exceed two-thirds of its capital stock. IS Skc. KHi'i. A iiolico must nlsd be published for four weeks in .successiou in some mnvspapfi' as coiiveiiieiil as jjincticable to the jjiinciital iilace ol" business. Skc. I "<;;{. -Such notice must contain : 1st. Name of corporation and i»rincipal place of busi- ness. 2d. General nature of tiie business. M. Amount .>f capital stock autiiorized, and lime and terms on wlilcii it is to be paid up. 4th. Time of cummencement and termination of cor- poration. r)th. By what officers or persons business to be con- ducted and times of election. 6th. The amount of indebtedness to which the corpor- ation may subject itself. 7th. Whether private property is to be exempt from corporate debts. Sk(!. l(iG4.— Corporations may commence business as soon as articles are filed in liiujorder's office, and doings shall be valid if i)ublication is made and articdes re- corded in office of Secretary of State within three months. Si'X'. 1005. — No change to be made unless recorded and published as original articles are required to be. Skc. 1060. — Cannot be dissolved without unanimous consent, unless a different rule is adopted in articles. Sec. 1(167. — Premature dissolution must be published. Sec. 1068.— a failure to comply substantially with the foregoing requisitions in relation to organization and publicity renders the individual propcri// of ike stock- holders liable for the puf)Uc debts. Sec. 1069. — Cor])orations for construction of works of internal improvement may be formed to endure fifty y«'ais. Nfny \w rcncwod from tiiiu' to time l»y Hii'»'«!- fom tlis (»r \\u' Vdlt's cast i\t any I'lcction if (lioso wisliinj^ i(uii'\val will puicluiHo the stock of those oitpoaud at fair current value. Manner of taking' private propta-ty for ri^htof w..y. Chap. 4, Title K), (U)dii of 1873. See 3k(\ 1244. — Which provides : The ShcrilT of the (U)unty shall, upon tht! application of either party, appoint si.v disinterested freeholders (.f the county who ahull inspect the property and assess the damage. The cor})oration, upon payment of the amount, may proceed to construct. Sko. 1252.— The corporation shall pay all costs. Skc. V254. — Et. seq. provides for appeals by eitlier party and for the trial thereof. IOWA. LAWS OF 1882. CHAPTER 104. Telephone Linp:s along Hiohways, An Act to amend Section 1324, Chapter 6, Title 10, of the Code of 1873, relating to Telegraphs. Be it enacted by the General Assembly of the Sate of Iowa : That Section 1324, of the Code of 1873, relating toSEo.i telegraphs, be and the same is hereby amended, by in-SK^^;_i3t2| ^^^^ serting after the word " telegraph," in the second line pho.'-^^ »■;« thereof, the words " or telephone, " may bo built aloiiK higli- ways. This act being deemed of immediate importance, shallsKO. a. take effect and be in force from and after its publication Pu^ication in the Daily State Leader, newspaper, published at Des Moines, Iowa. Approved March 16, 1882. Published March 18 and 22d, 1882. 80 I AVVS OK KANSAS IN liHLATlON TO TELFJ!liAPU VOMPAN/E.^. [Took Efkkct OcrouKi; ;?l, 1808.1 Siu'i'iox 7-1. [Act coinrriiiiKj Priddte Corixirafioiis.) Coipoi'iilioii.s created I'or tlic purpose of const nictiiiiij and tnaiiitaiiiin^Miiagiietic telegraph lines are authorized to set their poles, piers, abutments, wires and otlier fix- lures, along, upon, and across an \' of the public roads, streets and waters of this State, in such manner as not to incommode the p'il)li(! in the use of such roads, streets and waters. Skc. 7.1. Such companies are also authorized to enter upon any lands, whether owned by private persons in fee, or in any less estate, or by any corporation, whether acquired by purchase or ^by virtue of any provision in the charter of such corporation, for the juirpose of making preliminary suiveys and examinations, with a view to the erection of any telegra])h lines, and from time to time to appropriate so niucli of said lines as may be necessary to ere(!t such poles, [)iers, al)utnuMits, wires arid other necessary tixtures for a magnetic telegraph, and to made such changes of location of any part of said lines as may from time to time be deemed necessary, and shall liave a right of access to construct said line, and wdien erected, from time to time as may be requii-ed, to repair the same ; and may prt)ceed to obtain the riglit of way, and to condemn lands for the use of the corpor- ation in the manner i)rovided by law in case of railway corporations. Skc. 76. No corporation shall have power to contract with any owner of land for the right to erect and main- tain a telegraph line over his lands, to the exclusion of the lines of other companies. 81 Skc. 77. Any ooj-poriition crcafi'd ;i.s liri't-iii providrd, may coutnict, own, nseai.v'. maintain any line or lines of tele<;rapli, whether wholly within, or wholly or partly beyond, the limits of this State, and shall have power to lease or iitlacdi to the line or lines of such ror]ioration, other telegraph lines by lease or purchase, and may join with any other corporation or association in construct- ing, leasing, owning, using or maintaining their line or lines, upon such t(>rms as may be agreed upon between the directors or managers of the respecti/e coi'poi'alions ; and may own and hold any interest in such Vuhi or lines, or may become, lessees thereof, on such terms as the re- selective corporations may agree. Si;c. 7iS. The council of any city, or trustees of any in- corporated town or village, through which the line of any telegraph corporation is to pass, :nay, b} ordinance or otherwise, specify where the posts, piers or abut- ments shall be located, the kind of posts that shall be used, the heiglit, at which the wires shall be run, and such company shall be governed by the regulations thus prescribed ; and after the erection of said telegraph lines, the council of any city, or the trustees of any in- coi'porated town or village, shall have power to direct any alteration in tl:e location or erection of said posts, piers or abutments, and also in the heig!it at which the wires shall run, having first given such company or its agents opportunity to be heard in regard to such altera- tions. Si;o. 79. Any person who shall wilfully and intention- ally injure,moIestordestroy any of the lines, posts, piers, abutments or other material oi' property pertaining to any line of telegraph erected in this State, shaP bo deemed guilty of a misdemeanor, and shall, upon con- viction in the court having criminal jurisdiction in , he prO|jer county, be punished by line not exceeding live hur.dred dollais, or by imprisonment in the county jail not exceeding one year, or by both such line and im- prisonment, at the disci etion of the court having cogni- zance thereof. 82 Sec. 80. Any telegraph company now organizecl, ()r which may be hereafter organized, under the haws ot this State, may, at any reguhir meeting of the stocldiolders thereof, by vote of persons holding a majority of shares of the stock of such company, unite or consolidate with any other company or comi)anie3 now organized or which nuiy hereafter be organized under the laws of the United States or of any State or territory, by consent of the company with which it nuiy consolidate or unite, and such consolidated company, so formed, may hold, use, and enjoy all the nghts and privileges conferred by the laws of Kansas uu companies separately organized un- der the provisions of this act, and be subject to the same liabilities. anized, or iws of this ckliolders of shares date witli ;aniz"d or iws of the consent of unite, and liold, use, red by the inized un- ect to the K E N T II (J K Y . GENERAL STATUTES, I'^ll. CHAPTER 20. CiaMKS AND PUXISIIMENTS. AUTICLE XIV. runLic WORKS. If any person sliall wilfully and maliciously injure, obstruct, or destroy a telegraph line, post, or pier, or the materials or property belonging to or attached to a telegraph, he shall be confined in the penitentiary not less than two nor more than ten y(>ars. If any agent, officer, or manager of a telegraph line in this State, or other persons, knowingly transmit, on or through the same, any false communication or intel- ligence, with intention to injure any one, or to speculate on any article of merchandise, commerce, trade, or with intent that another may do so ; or if any agent, officer, or manager of a telegraph line, from corru])tor improper motives or wilful negligence, shall withhold the trans- mission or delivery of messages or intelligence for which the customary charges have been paid or ten- dered, he shall be fined not less than ten dollars nor more than five hundred dollars. SEC. 9. Injuring nny t ol e B r a p li lines. Sko. 10. Transniittinp; any fal.se) communica- tions by telo- Kraph. W i til hoi (ling tranMniis.sion or (li'livery of messages. 84 KENTUCKY. CHAPTER 92. Revenue and Taxation. Article XII. RAILROADS, TURNPIKE K0AD8 AND OTHER CORPORA- TIONS' TAXES. SEc.c. It shall be the duty of the president, treasurer, secre- Tc>iegraphoom- ^ ^^. ^jiuaf-er of auy telegraph company or associa- rc:«r tion' working, operating or controlling any telegraph ""'*■ line in this State, to report, under oath, to the auditor of public accounts, on or before the lOtli day of July, every yeai", a full and complete statement of each line,-. and the whole number of miles of wire worke^l, or under their control and management in this 3tai^> and shall also pay into the treasury, on or before the 10th day of October of each year, a tax equal to tifty cents on eaca mile of wire. 8KC 7 Any president, treasurer, secretary, mi.yor, agent, or Penalty on offl-ot|jei. person failing or refusing to comply with any of priefXtlie provisions of this article, sha' Le lim d a sum not fail to com-|pgjj ^]i^„ two huudred nor more tJ-tm hve liun- SvSrrrdred dollars, to V-. . .covered by motion in the Franklin this article, cii-cr't Coui't : btU T IS article shall not apply to any property or ccwivnu'ioix specifically exempt from taxa- tion, grc 8 That the individual stockholders of companies which indiyiduaijji.e by this article required to report and pay tax upon :to""^t''tahe value of their property, shall not be required to list i„- listea for^ij^jj. yiiiires in such companies for taxation, taxation. ^^ ^^ ^^^^ ^^^^^^ nieutioiied in this article sliall Mabiiities of f,ui or refuse to report to the auditor of public accounts ^^Z Te-as therein required, such ohicer shall b^. liable to a hne prrt to audi- of one thousand dollars for each month he may so fail to *"'* report which tine or fines may be recoverable upon mo- tion in the name of the Commonwealth in the Franklin CORPOUA- •er, secre- • asrtocia- telegrapli e auditor ' of July, each line,. , or under and shall ill day of ;s on each 85 Circuit Court ; and any execution which may issue up- on any judgment rendered upon such motion maybe levied on the property of any corporation in whose em- ployment sucii officer may be; but before any such judgment shall be rendered, said officer shall have at least twenty days' notice of the nu>tion. Ail money paid into the treasury under this article sixmo. shall be for the ordinary expenses of the government. "«^^;'°"* r""°''' The 10th day of January of each year shall be tliesw. ii. time to which all reports required by this article shall '^" /''P"'"f' '° , X 1 J refer to Jttiiu- refer, unless otherwise provided. aryioui. , agent, or th any of sum not five hun- I Franklin ily to any from taxa- lies which tax upon ired to list •tide sliall ic accounts e to a tine y so fail to i upon mo- e Franklin 8r. LAWS OF LOUISIANA. VOORIIIES REVISED STATUTES, 1870. (Pages 902, 908.) Seo. ;WG(). Corporations formed iindpr tlie laws of this State for the pin pose of transniitliiif"- intelligence by magnetic telegraph shall have the right of way over all lands owned by the State, and over a'. y highways or navigable waters, but shall so construct their works as not to interfere with, im]iede or hinder the free use of the highways or navigable waters, or the drainaj:;e or natural servitudes of the land over which the riglit of" way may be exercised. Sec. 8701. All telegraph companies shall be bound, onapplicationof any officer of this State or of the United States,in the event of any war, insurrection or resistance of public authority, or whenever it may ])e necessary for the prevention of crime, or the arrest of persons accused of crime or Meeing from justice, to give their communica- tions immediate dispatcii, and if any officer, clerk or operator shall refuse or "intentionally (miit to transmit such communication or shili designedly alter or falsify the same for any purpose whatever, he shall be deemed guilty of a nnsdemeanor, and upon conviction thereof, shalfbe fined not exceeding one thousaml dollars, and imprisoned not longer than one year. It shall fnrther be their dut;- to transmit all communications which are not immoral or contrary to law or public policy that are i)resented by persons offering to pay the usual rates therefor, and in the order in which the applications uro made. Six. 8702. Whoever shall unlawfully and intention- ally injure, nujlest ov destroy any line of telegraph, the lin 's, posts, abutments, materials or proi)erty belonging ?G. ! laws of miislied by line, not exceeding;; live iiundred dollars, or by iinpriisontnent, not more tlian tliree years. Si:< I'luN 4. Wlier. a tele40. An Act for the Tjixati(»n ()f Tele-^raph Comi)anies. Be it enacted by the Senate and House of lle^iresen- tatives in Jjegislatme iissend)led,as follows : That every tele litiiil Wt-H of illl iinihtT of innually, iiiiH' said lefore tlw itiite shall 'reasiuvr, * aH.St'S8t'(l ury on or I shall be my prop- Ill, or any ons, com- 'said, falls iriior and t on such 'H as they 1 be tinal. rson fails Frea surer act in the e with in- ty of the roportion shares in the whole the State, ite. ewith are when ap- .iri IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 If IM 1^ IIM IIIII2.5 i:. lAO 2.0 1.8 1.4 II 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ ^V •O' \\ - ^ 9> <^ <^ 6^ ^ V % S'/ R'. I CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ■^^^r>n..%i.». >u . jMii_. »' ^ >ww »iL »' - " »B i a^ ' tilJWL■. ■ jgi^^. 7 ^^i■gJ^ '| Lrft !.j ' ij ' j^i^ ?? -^7^' ' * ^ ^ 08 MAINE. Acts and Rksolves of the State of Maine, 1883. CHAPTER 213. An Act for the Taxation of Telephone Companies. Be it enacted by the Senate and Ilonse of Repre- sentatives in Legislature assembled, as follows : Section 1. Every telephone corporation, company, Teie,,ho,.., or perscm doing business within the limits ot tins htate, ,,„y „,„„„^, shall annually nay into the State treasury, a tax of two tax. and one-half per cent, on the value of any telephone line owned by said corporation, company or person, within the limits of this State, including all poles, wires, insulators, transmitters, telephones, batteries, tele- phone apparatus, office furniture, and any circum- stances or condition which affect the value of the prop- erty. Skc. 2. Every such corporation, company or person, iMums to h.- shall annually on or before the fifteenth day of April, "7tar'yTt return to the Secretary of Slate under oath of its super- state. intendent, the amount and value of all the property enumerated in section one, owned by it within tlie limits aforesaid, on the first day of April annually, and the Governor and Council shall determine said values, and assess said tax tiiereon, on or before the first day of May annually. The Secretary of State shall thereujum secrotary certify said assessment to the State Treasurer, who °;^;;;;^^;/^^ shall forthwith notify the several parties assessed Treasurer of thereof. Said tax shall be paid into the treasury on or ^»^^-^^ ^^ before the first day of September, annually, and shall ,„!,,,, be in lieu of all State or municipal taxation on any property or shares of said corporations, companies or person. Sec. 3. Any corporation, company or person neglect- proceedings m 94 caBcof failure ing to make the returns required by tliis act, sliall for- t iii i " i» i<. turn and pay feif twentv-five clollars per (lay lor every day s neglect '"»*• so to do, to be recovered by an action of debt, in the name of tlie State ; and the Governor and Council shall proceed to make said assessment on such valuation as they think just, with such evidence as they may be able to obtain, and such assessment shall be linal. And if ixuy corporation, com])any or person, fails to pay the tax required by this act, the State Treasurer may forth- with commence an action of debt, in the name of the State, for the recovery of the same with interest. Skc. 4. Tills act shall take effect when approved. Approved March 14. 1883. MAINE. ACTS AND REHOLYES, 1883. CHAPTER 232. An Act to amend Section G5 of th^ Public Laws of 187(5, relating to Telegraph and Telephone Companies. Be it enacted by the Senate and the House of Repre- sentatives in Legislature assembled, as follows : si.:y to the agent. If tlie same ers award shall pay ■selectmen nder this ssesstnent led by a o tile pro- )rty- three the jury s shall be shall be • the con- e capital ', and the said line on wealth inie con- half part ach com- II its in- on their part to comply with any of the i)roviHi(ms of this chap- ter. Section 10. Every company shall receive from and for other telegiai)h lines, companies, and associations, and from and for any p(>rsons ; and on payment of the nsual charges for transmitting dispatches according to the regulations of the comi)any, shall transmit the same faithfully and impartially. For ev»'ry wilful neglect or refusal so to do the company shall forfeit a sum not ex- ceeding (jne hundred dollars, to be recovered in an action of tort by the person, association or company sending or desiring to send the dispatch. Suction 11. W'nen an injury is done to a person, or to property, by the posts, wires, or other apparatus* of a telegraph line, the company shall be responsible in damages to the party injured. If the same are erected on a highway or a town way, the city or town shall not, by reason of anything contained in this chapter, or done thereunder, be discharged fiom its liability, but all dam- ages and costs recorded against a city or town on ac- count of such injury shall be reimbursed by the com- pany owning the posts, wires, or other apparatus. Section 12. Every Telegraph Company shall annually on or before the fifteenth day of October make returns to the Secretary of the Commonwealth according to forms to be furnished on application to him, specifying therein the location and line of telegraph, its name, capital actually paid in and how invested, anniuil re- ceipts, expenditures, real estate and its value, cash on hand, credits on book account and the amount of its in- debtedness, which return shall be signed by the Presi- dent, Clerk and Treasurer of the company and by them be sworn to be true according to the best of their knowl- edge and belief. Section 13. Owners and associations engaged in the business of telegraphing for the public by electricity, although not incorporated, shall be subject to the lia- 98 bililies and governed l)y tlie provisions of this chai)ter in the same manner as corporations. Skrporatl():i f^orniaiii- I, upon or of otlier njoyment f a grant Mitionally )sts, piers uperty, of punislied iniprison- lon weal til, urposes of vitled into 'rwise tax- peciliecl in e first and )ner under f its share- lumber of E May, the OK amount of the capital stock of the coi-poration, its place of business, the par value and the maiUet value of the shares on said iirst day of May. Sut^h return shall, in the case of stock held as collateral Mecurity, state; not only the name of the person holding the same, but also the name of the pledger and his residence. The return shall also contain a statement in detail of the works, structures, real estate, and nuichinery owned by said corporation, and subject to local taxation within tlie Commonwealth, and wf the location and value thereof, llailroad and telegraph companies shall return the whoh^ length of their lines, as is without the Common- wealth ; other corporations required to unxke a return under this section, shall also return the amount, value and location of all works, stiuctiires and r(!al estate, and machinei'y owned by them and subject to local tax- ation without the Commonwealth, provided that nothing herein contained shall ex^'mpt any corporation from making all returns required by its charter. The tax commissioners shall ascertain from the re- skc. 39 turns or otherwise, the true market value of the shares of each corporation included in the provisions of the preceding section, and shall estimate therefrom the fair cash valuation of all of said shares constituting its cap- ital stock, on the first day of May next preceding, which shall be taken as tlu; true value of its (sorporate "''ares also - , . J. , nil value 111 rea franchise for the purposes of this chapter. lie shall esiat.-. also ascertain and determine the value and amount of all real estate and machinery owned by each corpora- tion, and subject to local taxation, and of the deduc- tions provided in the following section, and for this pur- pose he may take the amount or value at which such real estate and machinery are assessed, at the place where the same are located as the true amount or value ; but such local assessment shall not be conclusive of the true amount or value thereof. Every corporation endiraced in the provisions of sec-SEc. 40. tion 38, shall annually pay a tax ui)on its corporate'^"""*"*''"''' . 1 • 1 n °" corporatt' franchise at a valuation thereof equal to the aggregate franchise to rax ooramis- Hiunera to as- ccrtuin mar- ket valiii' of shares a n <1 esthnate fair cash valiia- tionof all tim I'M) be pnid iiy valiic of tlie sliiU'cs, if s cMpitMl sf ocU, as (lettTniined in uonr'"iureHie iMect'diiiKseclioii, n\'U-r idmUIiio- the (hMlucliuiis pro- ii«w of said rotn any lietli (lay (I hich owns or controls and uses undei lease or othervvise, a line of telegraph within this Com- monweal tli, shall make all the returns prescribed in sec- tion :3S, to be ma(b! by telegraph companies within the Commonwealth, excepting the list of its shareholders, and shall annually pay a tax at the same rate, and to be ascertained and determined in the same manner as is provided in section 40 ; and all telegraph lines within the Commonwealth, controlled and used by such cor- lioration or association, shall, for the purposes of this chapter, be taken and considered as part of its own lines. Every corporation formed under the general laws of the Commonwealth to construct railroads, or railroads and telegraphs in foreign countries, shall, for purposes of taxation, be subject to the provisions of section 43 ; but no other provision of this chapter, relating to the assessment of taxes upon corporations or the sharehold- ers therein, shall apx)ly thereto. Every such corpora- Skc. 41 ItiPiiieily of cor- |i (I r A t i n n w li I' It tax c-ii iiiiiiImhIoii- rr llxivt nilMti of rcali-Jtilto, eU: , IcHs tliiin till' UHKI'HBDI'H do. ( 'ommirisloii e p may apiM^ar aiiJ III- liiMril ill caaouf ap- |irul. Skc. «. Korri(?ii t el o- Kn\I)h c o m - piinit^s, &c., 11 H i II li , &c. liiu's ill lliiw Ktatc to maki- rctiiniH anil pay like tax. Sec. 40. (lorporntiOHsto construct rail- roails in for- eiKn countries to make re- turns and pay tax on cap- ital. 10",' Kkc. 47. tion sli:ill niinually, Ix'twwn tlit- lirsf nnd UmiIIi days of May, ivtiini to tilt' lax cornmi.sniu!i.'is, under oatli of its treasurer, a conijilcte list of its slian-iioldtTs, witli their places of residence, tlie number of shares belongiiij^ to each, on the lir.st, day of May, the amount of its capit.-tl 8tocl\, and the par valut^and inarliet valiieof tiiesiuires on said lirst day of May. [Taxation of the property of certain manufacturing conii)anies, copartnerships and associations.] cinpniiioH, ,0 (Companies, copartnerships and otlu-r associations |iiirtiieritlii|iK I . i .• i » • . ..... ami H»«H.Ma '"iviii^^ a h)cation or phice of business Within this (!oni- tioiiH held In nioi. wealth, in which the benelicial interest is hehl in ihareH. i„m«hare.s, whKih are assi<;nab!e Without the consent of the uix.ii. other associates specifically an thoriziiifi; sucli transfer, shall be subject to IIk; i)rovisi()ns of sections IW to 41 inclusive, ^t'.i to T)? inclusive, and Co lo(i*"<■" company, copartnership or association, shall bo made by the treasurer, af,'ent, trustee, superintendent, or business mana^fer of the same. Sec. 40. Evci'y Company, copartnershij) or associafifm, to be Hooks of, to be 1 i i a.\ ^ t • .... Hubject toin. f'^^^P^l under the two preceding sections, shall, when re- BiKHtioii. .Hid quired, submit its books to the inspection of the tax com- omci-rs, atli of its vitli their oiigiii^ to ts ciipital he shares fact II ring '^ociatiotis his ('oin- s hehl in nt of the transfer, s :}8 to 41 sive ; and I hy siirli lie aK1M)U.\TI0NS. No tele-raph or -as light company «l»''i"f^'i'«^l ''"''*;'"?";;;,;;„p,, ,„,, the laws of this Commonwealth, shall declare any stock ga^^,,,,,,,^,,. dividend, or divide the proceeds of the saleof stock .e«jotjo amoiif.'- its stockholders ; nor create any additional new dividend, &c. stock? or issue certilicates thereof to any pers(jn what ever, unless the par value of the shares so issued is first paid in cash to its Treasurer. AH certilicates of stock issued in violation of the Pi'e-s«'^J»;,^^^,^ cedi no- section shall be void, and the directors of the voMifissnea corpomtion issuing the same shall be liable to a penalty ^^^^ of one thousand dollars each, to be recovered by indict- uabie. ment in any county where any of them reside, but if any such director proves that before such issue he files his dissent in writing thereto with the clerk, or was ab- sent and at no time voted therefor, he shall not be so •liable. I: k ft. ■ It-, X04 MASSACHUSKTTS. CIIArii^RlOO. Of Comi'Aniks von thk Tuansmfssion of Tnvki.li- OKNCK ]{Y ElK0T1:I( ITY. skc. 1. Every company incorporatt'd for tlie transmission of ''s".je7t'lo"'!®'.'^^'^"'"^ ''•' electricity, sluill jiossess M.e powei-s and thischapter. privileges and be sia)ject to the dnties, restrictions and liabilities i)rescribtd in this chapter. skc.'j. Each company niiiy zmder the provi&ions of the fol- "uporhfg"h!^""'»S section, construct lines of electric telegraph upon way, &c., not and along the highways and public roads, and across moae"pubiic."''*'y ^'»<«i" within the Commonwealth, by the erection of tlie posts, piers, abutments and other fixtures (except bridges) necessary to sustain the wires of its lines ; but shall not inconnnode the public use of highways or pub- lic loads, nor endanger or interrupt the navigation of any waters. sbo.3. The Mayor and Aldermen or Selectmen of a. place ^'me';,'': 4i'!'to^-."""^''' ''''•'^'' ^''^' 1"'^« ''^ '» company are to pass, shall specify pia- give the coiVipany a writing specifying where the posts ^L!&c'"''"'Y be located, the kind of posts and the height at 'vhich, and the places where the same may run. After the erection of the lines, liaving first given the company or its agents opportunity to be heard, they may direct any alteration in the location or erection of the posts, piers, or abutments, and the height of the wires. Such specifications and decisions shall be recorded in the rec- ords of the city or town. SEC. 4. An owner of land near to or adjoining a highway or ''deTm.T&tv^^^'^'^ ^^^"5 ^ ^"^'^^ ^^"«^ «»'e constructed by the company to assess, lam- w'lio cousideis liimsclf injured thereby, may within three ownU! T!"^^'"*''^ after such construction, apply to the Mayor and costs. ' Aldermen or Selectmen to assess and appraise his dam- age. Before entering upon the service, they shall sever- ally be sworn faithfully and impartially to perform the duties required of them by this chapter. They sluill on 105 '' iNrKl.LI- itnission of loweis arid tioDs and )f the fol- ia ph upon md across eri'ctionof ?s (excejit lilies ; but V's or puh- gatioii of f a. place )ass, shall the posts lieight at 1. After company ay direct the posts, :>s. Such II the rec- jhway or company liin three ayorand his dam- all sever- form the shall on view make a just appraisement in writing of the loss or damage, if any, to the applicant, sign duplicates thereof, and on demand deliver one copy to the applicant, and the other to the company or its agents. If damages are assessed, the company shall pay the same with the costs of the appraisers. If the appraisers award that the applicant has suffeivd no damage, he shall pay the costs of the api)i'aiseis. The Mayor and Aldermen and Selectmen shall t'i'<'^i;*,:^;,J;.>sa.i„n. receive for services ])erformed under this chapter two dollars a day. A Derson Jiirarievtd by the assessment of his damages, skco. ^ ' ,' .1, • Til .. Appliruiit may may have the matter determined by a jury, and the pio ,,Hveju.y.io. ceedings shall be according to the provisions of section 79 of cliai)ter 41), concerning town ways and private ways. If the jury incivase the damages, the amount of the'verdict and all charges shall be paid by the ccmi- pany, otherwise the charges shall be paid by the appli- cant. A company shall not commence the construction ofsitr.7. „ . • J 1 ,. 1 1 u Capitiil to be its line until three-quarters of its capital stock luis been „„,s..rii„.d. unconditionally subscribed for, and the directors shall stat.'m«ntt..be within ten days of commencing said line, lild in the office of the Secretary of the Commonwealth a sworn statement of the subscription. A company shall not at any time contract or owesEcs i - iio L e •{■ .: I'iuJlt of debt. debts to a larger amount than one-halt part ot its capi- tal stock, actually paid in. A president and treasurer of each company shall be«E<:.9 X , •TIT "ijiniitoroi- jointly and severally liable for all its indebtedness in f^^^.^. case of wilful neglect or omission on their part to com- ply with any of the provisions ot this chapter. Every company shiJl receive despatches from and for sec lo. •' I >> ,•■ ., , Duties of corn- other telegraph lines, companies and assocuitions, ai.ii p^,,;,,^ pe„. from and for any )erson, and on payment of the usual ait_y^ £«"• "«• charges for transmitting despatches according to the regulations of the company shall transmit the same faithfully and impartially. For every wilful neglect or refusal so to do, the company shall forfeit a sum of money I Skc. II. 106 not exceeding one hundred dollars, to be recovered In an action of tort by the person, association or c( mpany sending? or desiring to send the despatch. Telegraph companies and associations shall receive, cimrBo snme^O"^P"**^ '"i<^» transmit despatches received at their office compcMisa from other tele'nai)h companies, or by mail at the same linn for I'is „- PI 1 pai.iN's K..nti'''»'<'s ot cliarges as for despatches received for transmis- by mail Ac , sioiis from individuals in i)ers()U at the same offices as fioiii iiidi- 1 . T ,. , , vMuais. bearing date ot the day, and at the place of the office iviiaiy. where any mvh despatch is received. For every wilful neglect or refusal to comply with the foregoing itro\'is- ions by a telegraph company or association, it shall for- feit a sum of not exceeding one hundred dollars to be recovered in an action of tort by the perst)n, company or association sending or desiring to send the despatch. ^'■'- '- When an injuiy is done to a person or to property l)y the posts, wires or ether apparatus of a tidegraph line, the company shall be resi)()nsible in damages to the party injuied. If the same are erected on a liighway or town way, the city or town shall not, by reason of any- thing contained in this chapter or tlone thereunder, be discharged from its liability, but all damages and costs recovered against a city or town on account of such in- jury, shall be reimbursed by the company owning the posts, wires or other ap))aratus. sk.. 11. PiVery telegraph company shall annually, on or ,t'fore ^';;;;j;.";;»;j;;the fifteenth day of October, make returns t<. tlie 8ecie- lotmns, \v. tary of the Com?uon\vealth, according to the foi-ms to be furnished on application to him, specifying therein the loeatiou and line of its telegraph, its name, c-.pital ac- tually paid in and how invested, annu' 1 receipts and expenditures, real estate and its value, cash ou hand, credits on book account and the ani o rated compa- telegraphing for the public by electricity, although not i^ vered in an c( mpany II rt'ceive, their office t tlie siinie r transniis- iiH ofliccs the oflice /ery wilful tig iti'()\'is- l sliiill for- lars to be , company despatch. I'opeity by raph line, ^es to tlie igliway or n ot any- 'under, be and (;ostM such in- wniiig the or ./'.'lore the 8ecre- '■ms to be lierein the '>()ital ac;- idpts and on hand, indebted- president, then) be sir kuowl- usiness of lough not incorporated, shall be subject to the liabilities and gov- erned by the provisions of this chapter, in the same mannei' as corporations. No enjoyment, by a person or corporation, for any length of time, by the privilege of having or maintain- ing telegraph posts, wires or apparatus in, upon, over, or^attached to any building or land of any other ]).'r- s(ms, shall give a legal right to the continued enjoy- ment of such easement, or, raise any presumption of a grant thereof. Whoever unlawfully and intentionally injures, mo- lests or destroys any line, wire, post, pier or ab-itinejit, or any of the materials or property of any company, owner or association, shall be punished by tine not ex- ceeding live hundred dollars, or imprisonment not ex- ceeding two years, or both. Whoever, in order to move a building, or for any necessary purpose, desires to cut, disconnect or remove the wires of imy such company, may do so, exercising reasonable care, if he has first left a written statement signed by him, of the time when, and the place de- scril)ed, by reference to the crossings of streets, or high ways, where he wishes to remove said wires, at the oflice of the company in the t wn wiiere such place is situated, twenty-four hours before the time so stated, or when there is no such office, if he has d.-posited such statement in the post-ofTice, properly prepaid and di- rected to the company at its office nearest to said pla('e, three days before the time mentioned in said statement. Whoever cuts, disconnects, removes or otherwise in- terrupts the use of any telegraph wire, witiiout first giv- ing notice, as provided in the preceding section, shall be punished as provided in section sixteen. The two preceding sections shall not apply to any wires attached to telegraph poles which have not been erected in compliance with the provisions of law. Skc. is. No eawnipnt by liiiviiitj li' li'Kruph posts &c. Skc IB. rciuilty for in- lilies, wirt's, SfA!. J7. Telonrapli Hires may lie cut, &(■., to move build iiiKs 1111(1 for other purpo- ses. Skc. m. IViially foreut- tills; without first gi villi; notice. Sei'. 10. Two preceiliriK Sections not to apply to certain wires 108 MASSACHISETTS. CHAPTER 112. Of 1?ailuoai) Cokpokatioxs and Railkoaii^ Skc. 75, Taking st(K-k III A railioad corporation may hold sfock in a tt'lctrraDli a ttieKiai-h company wlio.se telegrapli coniu'dts two or more i)laci's Company, qp tile rajlrojid, to an anionnt not exceeding two liiin- dred dollars for each mile of lailroad so connected. MASSACHUSETTS Vol. 29. N. S. CHAPTER 200. Section two of chapter one hnndred and seventeen of Skc. 1. May hold stook • „ , ^ in certain .or- the acts of the yea." eigli teen hnndied and eighty, is heie- porations. [^y amended by striking out the words, " Provided, that said corporation shall not become a stockholder in any other corporation doing business in this State, to an amount exceeding thirty per cent, of the capital stock of said last named corporation," and inserting in the place thereof the words, " Provided, that said corpora- tion shall not become a stockholder in any other corpo- ration doing business in this Commonwealth, except corporations ojjerating under license from it, and cor- porations whose business within this Commonwealth consists solely in the manufacture, sale, or manufacture and sale of electrical apparatus, to an amount exceeding thirty per cent, of the capital stock of such other corpo- rations." Sec, 8. This act shall take effect upon its passage. I tm MASSACHUSETTS ACTS AND liE.^OLVES, 1880-81. ItOAIiS. loi'e ))liU'i\s J two luiii- ected. ■en teen of Ly, is lieie- )ided, that ler in any ate, to an )ital stock ig in the d corpora- ler corpo- ;h, except ;, ani cor- don wealth nufacture exceeding lier coipo- VoL. 19. N. S. CHAPTER 8,3. The city council of any city, and the selectmen of any s..c. i. '' .... I , 1 i- !• ii City and town town, may establish reasonable regulations for tiieeiec- „„tnoritu-s tion and niainteniince of all telegraph and telephone m»yn>guiat« lines of wire within their respective cities and towns, in- t','ie'g"apii eluding fire alarm and police lines, and all otiier lines and t.-ie- owned or used by said cities or towns, and may per- mit the same to be laid under any public way or square. In cities, such regulations shall be made by ordinance. If anv such line be constructed or maintained in viola- skcs. , , . , • ,. 1 ,.!,„ 11 Construction tion of any such regulations, the city or town sli.vil „fii„p_,.ioiu- cause the owner or owners, constructor or constructors, tion of regu- or parties using the same, to be lortliwitii noti- ,,erestraned fled of such violation in writing, setting forth ^y,_^;;^'« ,_;;;'- said violation particularly, and if after such no- ..iaicoun tice the said parties or any of them shall pro- ceed in such construction, or shall not within a reas- onable time alter said lines to conform to said regula- tions, it shall be lawful for the Supreme Judicial Court or any Justice thereof, either in term time or vacation, to issue an injunction restraining such person or persons from further progress in said work until the facts of case shall have been investigated and determined, and if it shall appear to the Court on such an investigation that . any of such regulations have been violated, to restrain by injunction the further prosecution of such work, or by order to direct such line to be removed or altered, as it may deem proper, at tln^ expense of the owners or contractors thereof, or persons using the same. In case any line belonging to or used by any city or town, or no any of its departments, shall be constructed or main- tained in violation of such regulations, the like actions may be taken by the Court upon the complaint of any party injured thereby, after such notice to the city or town as the Court or some Justice thereof may order. SKr.3. Chapter sixty-four of the General Statutes shall be * sur^imVb^*'""^^'""*^'^ ^" authorize the Mayor and Aldermen of aiiii.oriz.-d to cities, aud the Selectmen of towns, to empower individ- p.lts! wires! "•^'^' ^^''^^' ^^^ citizens of Massachusetts, to establish and *c- maintain posts, wires and other apparatus for telegraphic and telephonic communication in conformity with tlie provisions of said chapter and other laws now, or here- after, api)Iicable to telegraph or telephone companies. s"*' *• This act shall take effect upon its passage. Approved March 11, 1880. m I or main- ike actions lint of any tlie city or ;iy order, es shall be tlernien of -er individ- tablish and telegrai)liio ;y with the \v, or here- mpanies. M A 11 Y li A N D . HFA'ISED CODE, 1878. Ti:LKl' eonipany, person, firm, partnership, isuch ('oinj)any, )n, or cor- in, or corpora- '»'(!oin1' CoUl'OHA- TIONS. For Construclion, Owniiuf or Operating Telegraph linen. s,.,. 130. Corporations for owninj^, constructing, or of owning, i(i.,SK<. 18- leasing, constructing, and oixi-rating a line or lines of Telt'uraiih com- , , i i • n i- panii-B. How telegraph through tins State, or Irom or to any point or ''"'"'■•'"""•'''• points within this Stale, or ui)on the boundaries there- 4fiMd.,67. ^ , , - , . , ,. -IT of, may be formed as hereinbelore jjrovided. ^^.^ ,3, Sucii cori)()rations may, with the consent of the nui- i <^i' upon the boundaries thereof, and along and Kraph liiii'K. upon any postal roads and postal routes, roads, streets and liighways, or across any of the bridges or waters within the limit of this State, by the iir. majority liiiiilizH(l, hoiid full'. s witlioiit l)()(l'", cor- poscs : oiHMatiiiu: \\Y,\\ office CoUPOKA- Tdeyraph •f owning, 1" lines of y point or •ies tiiere- f the inu- 3eting, be- ! l)ruperty or com pa- be incor- i State, h throngli vitliin this ak)ng and ?s, roads, le bridges ', by the erection of tlionecessaiy H.\tiir.'>. iiuliidiiig posts, pit-rs, or abutments. I'or sust, lining tiie cords or wires oT such lines, uitliout iln'ir being deemed a pul)- li(! nnisanct! oi- snlijcct to be abalcd l)y any private party; /Vo^vVAy/, tiie same shall not l)c coiistrncled asi'n.viHo. to incommode, injnrionsly. tin- public use of said postal roads, or postal rontes, ro.ids, highways and bridges, '■^'••'ir"aJ or injuriously interrupt the navigation ol' saiil watiMs, or as to interlert' with any land owner mon* than is umivoidable, and that this section shall not be ^ con- strued as to authorize the const ruction ol'any bridge acioss any of the navigable watei.sof the State; but the said <'<»''- it,,s,,„„sii,iii,j.. poration shall be resi)oMsible for any damages which any person or coii)()ration may sustain by the erection, continuance and use of smdi fixtures, ami in any action brought for the recovery tlit-reof by the owner or pos- sessor of any lands, the damages to be awarded may, at """""«••• the election of sucdi corporation, include the damages of allowing the said fixtures, i»erinanently, to continue, on payment of which damages the right of the corporation to continue such fixtures shall be confirmed, as if granted by the jtarties to the suit ; Piotidtd, that noi'roviso. person or body politic shall be entitled to siu? I'or or recover of damages as aloresaid until the said (!or[)ora- tion, after due notice, shall have failed or refiist? to remove, in reasonable time, the fixtures complained of, or the president or directors of the said company may appiv to a justice of the peace of the county or city of -JiiHtiopofivate 1 111 1 111^1 • !• tOissUl). where such lands are, who shall thereupon issue his warrant, directed to the sheriff of said county or city, commanding him to summon twelve disinterested per- sons, qiuilified to serve as jurors, to meet at the proper place, as directed by the said Justice; and the sheriff jumra. shall (qualify the said persons, by oath or affirmation, faithfully to perform tlie duties required of them by the next succeeding section. The said jury shall nud^e a just and equitable ap-SEc m. praisement of all the loss or danmge that may be sus>p^p'",'_^;~ tained by any person or cori)oration on^ or over whose damage. 8k< . I.Ti ?cl , SKC. I.TJ IlllJlllNltlDII. Con (I rrnatlnti of till' Cimrl Valuution. KlliH.'UK-llt. SKc 13.'.. Ckpital stock. KxtondiiiK lines CiiiiKiil idiiti'd i'oin|>ikiiirH. CiTtillcutes. lie landsor hriflRos said posts, i^lnrs or nbiifmonfs nre in- tciidt'd to !)•' placed, and shall tnakf a frii«> rt'tuni and iiKlnisitlon thereof, in writing, under their liands and seals. The sheriff .shall make retiii-n of tlie intpiisition so found to the (Merk of the ('ircuit Court of the county, wlio shall fih' the same and lay it before the said (.'ourt nt its next session ; and such iii«iuisiiiou shall be con- firmed by said Court, unless good cause be shown to tluM'ontrary, and when (^onllrmed shall be recorded by the ('lei'k, at the expense of tlie corporation ; but, if set aside, the said Court may direct another iiupiisition to l)e taken, in the mannerabove prescribed. The valuation of Huch loss or damage, v/hon paid or tendered to the owner or owners of the ])roperty, or his, her or their h'gal representatives, shall entitle the saian^ without costs, by the said owner or owners, or Ilia, her or their legal represeiitativ'vVAy/, how-,. roviHo ever, that arrangements may be made with the pro- prietors or publishers of news]>apers for transmission of N.wspupcr. intelligence of general and public; i.iterest, for the pur- ])ose of publication out of its onbr. If the wires or cords of any telegraph line be located sk. 137 or stretched or extended from one post or pole t() '"J;;;';;-;^^^^^^^^^^ anothe.' in such a nuinner as to i)revent the owner of timb..- mur any timber growing along the line of such telegraph "'y- corporation from cutting and felling the same, and the owner thereof in cutting or felling such tind)er shall in- jure the wires, cords, or posts of such telegraphic lines, shall not be liable to an action for damages unless it shall appear that in such cutting or felling, or in having the same cut or felled, the said owner wdfully and inten- tionally injured such wires, cords and posts. 118 M A R Y L A N D . BE VISED CODE, 1878. ARTICLE 72. CrJMKS AND PUMSHMKNTS. Telkgkapiis. Sec. 97 Any person who shall unlawfully and intentionally in- injmiiig lines, jm-e, molest or destroy any of the lines, posts, piers or posts, P1I-.-S, , ' . 1 » 1 - ) I ' abutments, ahutnients, or tile niateiials or ])roperty connected with the working of any tt']e<;Taph line, sliall, on conviction thereof, be deemed guihy of a misdemeanor, and be punished by a line not exceeding five liundred dollars, or imprisonment in the county or city jail not exceed- ing one year, or both, at the discretion of the Court be- fore which the conviction shall be had. Punirfhment. Tkleoi{a I'll Mkssao i;s. Sec. 08. tions. Any person connected witli any such corporation in Divi.iKing the this State, either as clerk, operator or messenii'er, or contents of . , . ^ & i •• fommunica- 111 any other capacity, who shaJl wilfully d'.ulgethe contents or the nature of the contents of any private communicaticm intrusted to him for transmission or de- livery, or who shall wilfully refuse or negl'ct to trans- mit or deliver the same shall, on conviction befoie any Court be adjudged guilty of misdemeanor, and shall suffer inii)risonment in jail in the county or city where such conviction shall be had for a term of not more than three months, or shall be[^ fined not exceeding five liun- dred dollars, in the discretion of the Court. -W "If 110 M A R Y L AND. ionally in- s, piers or ected with conviction )r, and be^ »d dollars, •t exceed - Court be- loiatiou in senger, or ^^■ulge the iiy ])rivate iion or de- ; to trans- •efoi'e any and shall !ity wliere more than : live hun- Laws of Mahyland. CHAPTER 230. An act to repeal the 132d Section of Chapter 471 of the acts of January, 1S08, Entitled "An act to repeal Article 20 of the Code of Public General Laws and to enact a substitute therefor, and to repeal Section 22 of Article 16, Sections 99 to 103 of the same article, and Sections 33 to 43 of Article 88 of the Code of Public General Laws," and to leenact the same with amend- ments reli'ting to the consolidaticm of telegraph compa- nies and the extension of their lines into other States. Be it enacted by the General Assembly of Maryland, skc i. That, section one hundred and thirty-two of chapter four hundred and seventy-one of the acts of January session, eighteen hundred and sixty-eight, entitled "An act to re- peal article twenty-six of the Code of Public, General Laws, and to enact a substitute therefor, and to rei)eal ^^^^^^^^^^ ^_^^ section twenty-two of article sixteen, sections emuie.i. ninety-nine to one hundred and three of the same article, and sections thirty-three to forty-three of article eighty-eight of the Code of Public General Laws," be and the same is repealed and re-enacted so as to read as follows : Any such corporation formed as aforesrild may, witlisEc m. the consent of a majority of the owners of the cai'if!>l*'ot*'"^;,;' "^^^^^^^ stock of such corporation, given in general meeting, extend their lines of telegraph into any other State, or may construct branch lines in this State, or any other State, or may lease, sell or convey its property, rights, privileges and franchises, or any interest there- in, or any part thereof, to any telegraph comi)any or- ganized under or created by the laws of this or any other State, and. may acquire by lease, purchase or convey- ance the property, rights, privileg .'S and franchises, or JL (lato. Acknowledge. 120 any interest therein, or any part thereof of any telegraph company organized under or created by the laws of this or any otlier State, iqxMi such terms and condiiionsasmay be agreed upon between the respective May consoH companies, or may consolidate with any other telegra[>h company or incorporation of tliis or any other State, under such name and with such capital stock, and upon such terms as may be agreed upon between such com- panies or corporations ; and whenever such consolida- tion as aforesaid is made, a certificate of the same, and of particulars thereof, shall be executed and acknowl- edged by the presidents or other princii)al offict'rs of said corporations so consolidating, which said certificate shall be recorded in the Clerk's oHice of the Superior Court of Baltimore City, if the principal office of the said consolidated cor])oration in this State is located in Baltimore City, or in the office of the Clerk of the Cir- cuit Court of that county, in which the principal office of said consolidated company in this State is located, and when said consolidated company is formed it shall be subject to provisions of this act as far as the same are applicable. And be it enacted, That this act shall take effect from and after the day of its passage. Approved May 3, 1882. Sec. 2. Eflectivia. Sec. 1. LAWS OF MARYLAND. CHAPTER 231. An Act to Enlarge the Powers of Railroad Companies by Authorizing them to Transact Express and Tele- graph Business. Be it enacted by the General Assembly of Maryland, That every railroad company of this State, whether in- 121 of any »^cl by tlu' terms and respective telegra[>ii lier State, and npon uoli coni- consolida- sanie, and acknowl- offictTS of certificate Snperior ce of tl)e located in :>f the CMr- ipal office s located, d it shall e same are corporated nnder the genenil rnilviad law, or heretofore or hereafter iiicorpo'-.Hnl nnder any special act, is lierehy anthorized to do iin cxjjress hnsiness, chnrping reasonable rates tiierefor ; inclnding in the term express bnsiness,all thiit cm be or is ordinarily done by exi>ress ('<)n\pani<'s oiganized for such i)nrpose; and every smih raili-o:id company is hereby anthorized to construct, operni.^ td.' niiiintnin and operate telegraph lines and to do a general telegiai)h business for the public, charging reasonable rates therefor, subject to all the rules and regulations prescribed by law for the transaction of telegrapii busi- ness by telegraph con>])anies. And be it enacted. That this act shall take effect fromsK. and after the clay of its passage. Approved Ajtiil 8, 1882. K'rapli tinl•^ Effcclive. sflfect from ompanies and Tele- Maryland, hether in- 122 LAWS OF MICHIGAN. [Compiled.] STATUTES OF 1871., CHAPTER 80. (p. 873.) Skotion 1. The People of the State of Michigan enact, Tluit any number of persons may assfx'iate for tlie pur- pose of constriictin:} ligaii enact, Di- tlie piir- pU through this State, )ject to the and seals, 1 such assn- lich it may >f telegraph nation, and ick shall be ice of siock- ■ach of them !cceed thirty )!• acknowl- edged, and recorded in the oflice of the Clerk of the County where any office of snc^h association shall be establisiu'd, and a coi)y thereof iiled in the oflice of the Secretary of State. Such acknowledgment may be taken by any officer authorized to take the acknowledg- ment of deeds of real estaie, at the place where such ac- knowledgment is taken. Skc. 8. Upon complying with the i)rovisi()ns of the last preceding section, such association shall be, and hereby is, dechired to be a body corporate by the name desig- nated in said certilicate ; and a copy of said certilicate, duly cerfilitMl by the (Meik of the (!ounty where the same is filed and recoided, or by the Secretaiy of th<^ State, may be used as evidence in all (Courts and i)laces, for and against any such association. Skc. 4. Such association shall have power to ])ur- chase, receive and liold and convey such real estate, and such only, as may be necessary for tiie convenient transaction of the business, and for effectually carrying on the operation of such association, and may ai)i)oint such directors, officers and agents, and make such pru- dential rules, regulations, and by-laws as may be nec- essary in the transaction of their business nijt inconsist- ent with the laws of this State, or of the United States. But this .section shall not be so (ronstrued as to author- ize any such association to hold any real estate, except such as shall be actiudly occiiiiied l)y such association in the exercise of its franchises. Sko. T). Such association is authorized to enter uiioii, and construct, and maintain lines of telegraph through, along, and upon any of the public roads and highways, or across or under any of the waters within the limits of this State, by the erection of the necessary fixtures, in- cluding posts, piers, or abutments, for sustaining the cords or wires of such lines. Provided, That the same sliall not be so constructed as to incommode the ])ublic use of said roads or highways, or injuriously interrupt the navigation of said waters, nor shall this act ^^ so construed as to authorize tlieconstrncHon of any br.dses across any of the waters of this State; said assixnatioii, instead of running or placing their wires on posts, nvvy, if they choose, run or phice tiie same under ground, with a suitable or proper covering for the protection of tlie same ; and any part of this act, or any laws made or to be made providing for the appraisement of damages to any person injured by the construction or maintenance of such line or lines, shall be construed to include dam- ages occasioned by the construction of said lines under ground, as provided by this act. Skc. G. If any person over or through whose lands said lines shall i)ass, upon which said posts, piers, or abntmt^nts shall be placed, or whose lands said lines shall be run under ground, shall consider himself ag- grieved or damaged thereby, it shall be the duty of the Circuit Court of the coumy within which said lands are, on the application of sucii person, and on notice to said association (to be served on the President or any direc- tor) to appoint three discreet and disinterested persons as commissioners, v/ho shall severally take an oath be- fore any person authorized to ad minister oaths, faithfully and impartially to perform the duties required of them by this act ; and it shall be the duty of the said commis- sioners, or a majority of them, to make a just and equit- able appraisal of all the loss or damages sustained by said applicant bj reason of said lines, posts, piers, or abutments, which appraisal shall be in writing, signed by said commissioners, or a majority of them, and tiled in the office of the Clerk of "aid Court. Said report or appraisal may be contirmed by said court at any term tliereof, and the court shall appoint some day when it will consider said report or appraisal and objections against the confirmation thereof on tlie part of all parties interested therein, notice of which day shall be given to said association by service thereof on the President or any director. 12.') act ^'> so ny br.dges 9S()(!iatioii, 08ts, ni'vy, 'oun(i,with ion of tlio lade or to amages to aintenance !lii(le (iam- ines midei* liose lands =!, piers, or said lines limself as- uty of the lands are, ice to said any direc- }d persons in oath bt^- I, faithfully id of them d commis- and equit- 3tained by 3, piers, or ing, signed I, and filed d report or t any term ay when it objections ' all parties be given to resident or MICHI« AN ANNOTATED STATUTES, 1882. Tit. VIII. Taxes and Duties. CHAPTER 28. Of Specific State Taxes and Duties. The People of tlie State of Michigan enact : That all telegraph and teleplume lines bnilt and <>P*^i"-«;i;j'-?;„ „, ated within the State of ISIichigan, shall be subjt^ct to [';;';Kr»iJi>^and taxation as hereinafter provided. ""«»• It shall be the duty of the president, vice-president, general manager or superintendent of every telegraph or telephone company operating a line or exchange in this State.to furnish the Auditor-General on or before the first Monday of July in each year, a statement under oath, and in such form as the Auditor-General may prescribe, siiowing the following facts : First.— The total number of miles owned, operated or leased within the State, with a separate showing of the number leased. Seco7id.—T\ie total number of miles in each separate line or division thereof, together with the number of separate wires thereon, and stating the counties through which the same is carried or in which the business is conducted. Third.— 'J^he total number of telegraph or telephone stations on each separate line, and the total number of telegraphic or telephonic instruments in use therein, to- gether willi the total number of stations other than railroad stations maintained. Four f 7i.— The average number of telegraph poles per ise Skc. 123S. OlIlciTS ronsti- tiitliif; hoard of ri'vlnw. Duty of. I'OWITS of. I'er ilium of. SKO. 1230. Delermine rnle of tax to bo levied. "li'tlll Sk<-. fiiO. When tax- due M and payable. Sec. lan. W h (1 1 lines exempt. triilB used in the const nicl ion an;rai)li or telei)lione c()iii[)any or e.vehange, and shall each be entitled to the sum of three (b)llar.s p m- (hiy, for the time actually spent in the discharue of the duties imposed by this act, to be allowed by the board of State Auditors. The .said board of review shall also at the same time determine the rate of tax to be levied and collected upon said as.sessmeiit, which shall be the same as the avera<;e rate of laxes,general,muiiicii)al and local, levied throu<^h- out the State dniiiif^- the i)revious year, which rate shall be ascertained from the records and tiles in the Auditor- Genera Ts oftice, which tax shall be in lieu of all other taxes. State and local, and shall be payable to the State Treasurer. The taxes levied as provided in this act shall become due and payable to tlie State Treasuier on Mie tirst day of January following- the levy thereof, and if said taxes are not paid as hereinafter provided, the State shall have a lien upon any line upon which such taxns are not paid and its appurtenances, and for all taxes which may accrue thereon to the State by virtue of the pro- visions of this act, which shall have precedence of all other liens. Any telegraph or telephone line wliich may be owned and operated by any railroad comi)any, exclusively for the transaction of business of such company, shall be exempt from the provisions of this act. iiV] ISf CO of said ■r of wiris rii tilt' si'v- Tifasiirt'i' ire hereby sliiill (liir- l to asst.'ss •asli value ver to per- any tele- aii'.l shall r (lay, for the duties ■d of State same time H!ted upon If tho officers of anyrompaiiy fail to make and file tlieSK^- >»««^^ ^^ report required by seel ion two of the act, sutdi neglect p„rt m.t tc sluill not release its lines from taxatior,, but the said j;'^^"^;', ;:';";, board of review shall proceed to assess the line notwith- tax. standinjj;. And any company ne<,dectinK or failing to p,,„„„y f^^ „„. make the statement reciuired by section two of this act kI"-'- shall forfeit not less than live hundred nor more than ten thousand dollars, in the discretion of the Court, to be recovered in an action of trespass on the case in any Court of competenf jurisdiction. Act nund)er seventy-nine of the Session Laws of s<-.-. i.'«3. eighteen hundred and seventy-nine, approvetl May twentieth, eighteen hundred and seventy-nine, entitled : " An Act to provide for the assessment and taxation of telegraph lines within the State of Micliignn, and all other acts or parts of acts contravening the provisions of this act are hereby repealed." 1 through- rate sliall 3 Anditor- f all other ) the State ill become e first day said taxes State shall taxt^s are xes wliicli f the pro- nee of all be owned isively for y, shall be MICHIGAN. A NNO TA TED ST A TV TES— Continued. TlTI.K XXXIX. ClUMKS ANDTIIK PuNISHM KNT TIIKKKOF CHAPTER 324. Offences AGAINST Public Policy. The People of the State of Michigan enact : That every person connected with any telegraph com - gee ,«r.7. panv in this State, either as clerk, operator, mes-'-^'nger, i'«"»aity for X * ' wiltully or in any other capacity, who shall wilfully divulge the contents or the nature of the contents of any private 128 romtiiiiincation cnfruHlpd to ]iim or lu-rfor fransttiission or (It'livci y, or wlio .shall wilfully lofiisc or iic^Mt'ct to transmit or (U'livcr tlin same, sliull, on convit'lion b-fore any Court, be atlju(l«,'e(l {,niiliy of a niisdcnifanor, nvA sliall sufTer iniprisoniufnt in tlie county jail or work liousH in the county where such conviction shall he had, for a ternj not more than Ihrec months, or shall i)My :i line not to exceed five hundred dolluia, in the discretion of tlu> Court. M I C H I U A N. PUIilJC ACTHOF\m\. No. 72. An Act relatinf,M() telephone companies and to rei^ujate the use and rental of telephones in this State • SF.r.i. '''•»« I'eopleof the State of Michigan enact, That it iviephoneoom- shall be the duty of every telephone companv, or per- paiiies to re- ^. . *^ ' , . i J t l • ce.v,, an.i«<"b "'1". <»" Corporation, engaged in the business of transmit leasing telephones to the public, or supplying the Dub- mes»aKes,&c. , . •■.. . i i n , , . i- i J ^ 1 • ' lie With telei)hones, and telephonic servic , or ojjerating a telephone exchange, to receive and transmit, without discrimination, messages from and for any other com- pany, person or persons, upon payment or tender of the usual or customary charges therefor, and upon payment or tender of the usual or customary chaiges, or usual or customary rental sum, it shall be the duty of every tele- phone compan}', or person or persons, firm or corpora- tion, engaged in the business of leasing telephones to the public, or supplying the public with telephones and telephonic services, or operating a telephone exchange, to furnish without unreasonable dela}', without discrim- pbone'wS,' i"»tion, and without any further or additional charge to nstTiission Ilt'^lt'Ct to ion '.'"forH aiior, ;inerating railways, telegraplis, * * * and all works of ititernal improvement which recpiire the taking of piivat*! proi)- erty, or easement therein. Sk(\ 2. They shall oiganizt^ by adopting and signing articles of iiicorporati(»n, wliicli siiall be recorde(| in tile otIic<> of tile Register of Deeds of tiiu connty wliere the i)rincipal i)lace of l)nsiness is to be, and also in the office of the Secretary of Slate, in books kept for that purpose. Skc. ;{. Said articles shall contain : . i'V;\9/.-Tiie name of the corporation, the general na- ture of the l)usiness and tlie principal place, if any, of transacting the same. .S>w;ublished at the enpital of the State ; provitled, That in cases whrre articles (>f incorporation have been adopted and si^'nt^l, an provided in sections two and three of this chapter, and tiled for I'i'cord in the ofUce of the Secretary of State, the i)nl)lic:i- tion oF the same for oim week in some news{iaper pub- lished at the cai)ilal of this State, Hliall be a sntlicicnt publication under this chapter, and upon WWua an alti- davit of jn'oof of sindi pnblication in the onice of tin* siiid Secietary of State, the peisons named in such articles shall thertnpoii become a corporation, with the authority and powers in this chai)ti'r provided and in- tended. Sku. 4. (As Mineiided by act of March 10, ]HT.\.) When articles are tiled, iccorded and pnblished as afore- said, the i)ersons named as corporators therein become a body coipoiate, and are authorized to pr<»ceed to carry into elfeci the objects set forth in saidarticdes in acciord- aiice with the pr(»visions of this title, and shall hav(! jier petiial succession, sue and l)e sued by its corporate name, and have a common seal, which it may alter at pleasure, may render the interest of its stockholders transf<'rable, establish by laws and make all rules and reiiiilations deemed expedient for the management of its aifairs in accordance with law, and not incompatible with an lionesi purpose ; and whenever, after the adopt- ing, til inj^f, publication and recording of the articles of incorporation as pnjvided in seiJlion three of this (said) chapter, and the creation thereby of a body corpoi-ate ; the said (Corporation shall resolve to alter, modify, or change any of its articles of incorporation, such corpo- ration may by resolution duly passed at any regular meeting of the directors thereof, adopt a new article or articles, altering, modifying, or changing any of the original articles of incor{)oration ; provided such altera- tion, modification, or change shall only relate to and 132 affect tho name of such incorporation, the general na- ture of its business and the principal place of transact- ing the same, the amount of its capital stock and how to be paid in, the highest amount of indebtedness or liability to which said corporation shall at any time be subject, ami the number and amount of the shares of its capital stock; and provided, furtlier, that no such new and amended articles of incorporation shall become op- erative or valid to alter, modify, or change such original articles of incorporation until the same shall be filed, published and recorded in the same manner and with like formalities that the original articles of incorporation are now required to be filed, published and recorded, and when so adopted the said amended articles of incor- poration sliall be substituted for and take the place of the original articles of incorporation so amended. Skc. 5. Contains the same provisions for the con- struction and renewal of the corporation as the Iowa statutes. Skc. 9. Provides for corporate debts, &c. The private property of each stockholder in any cor- poration formed as herein provided is liable for corpo- rate debts in the following cases : First. — For all unpaid installments on stock owned by him or transferred for the purpose of defrauding creditors. Second. — For a failure bj^ the corpc.ation to comply substantially with the provision aforesaid as to organ- ization and publicity. Third. — When he personally violates any of the provisions of this title in the transaction of any business of the corporation, as officer, director or member thereof or is guilty of any fraud, unfaithfulness or dishonesty in the discharge of any official duty. Fourth. — To the amount of the stock held or owned by him in all cases. Skc. 13. Awy corporation organized or reorganized \3\i sneral na- transact- : and how edness or y time be ares of its such new econie op- h original il be filed, and with »rporation recorded, s of incor- i place of ed. the con- 3 the Iowa 1 afiy cor- for corpo- •ck owned lefra tiding to Comply 3 to organ- ly of the y business )er thereof dishonesty or owned under the provisions of this title, may obtain the riglit of w:iy over and across any lands needed for the con- struction of any railroad or telegraj^h and necessary sites and grounds for depots, shops, ****** and a right of way on and over the bed of any river, lake, or water course and the banks th«-reof * * * * . Skc. 14. And the following sections provide tlie mode of assessing the damages sustained by the owners of lands appropriated. Sicc. 22. Provides for appeals from assessment. Skc. 23. Provides that the prosecutors of the work shall not be delayed if the corporation will lile a bond. Skc. 28. Any telegraph organization organized under this title has power and right to use the public roads and highways in this State, on the line of their route for the purpose of erecting posts, or poles on or above the same to sustain the wires or fixtures : provided that the same shall be so located as in no way to interfere witii the safety or convenience of ordinary travel on or over the said roads or highways. B)/ Act of 1867, chap. 31, Sec. 5, it was provided that; The owners of any telegraph line constructed and in operation within the limits of this State shall pay to the State an annual tax of forty cents per mile for every mile of route occupied, in lieu of all other taxes which shall be paid in January of each year to the State Treasurer. Skc. 1 of this act provides for the punishment of any one molesting or destroying any telegraph line. Sec. 2 Provides for punishment of employees for revealing contents of messages. eorganized i;j4 LAWS OF MlSSlSSIPri. CODE. IN RELATION TO TELEGRAPH COMPANIES. Ar(kU>6. Skc. 3430. Sec. 8431. Sec. 2433. All compaiiie.s or associations of persons incorporated or organized for the pnrpose of constructing telagra[)h lines in this State, shall be authorized to construct the S!ime, and to set up and erect their posts and fixtures along and across any of the public highways, streets, or waters in this State, and along and across all turnpikes, railroads and canals, and also through any of the public lands belonging to this State ; but the same shall be so constructed iind placed as not to interfere with the com- mon use of such roads, streets or waters, or with the convenience of any land owner, more than may be avoid- able. And in case it shall be necessary to cross any highway, the same shall be so constructed to cross such hignway at right angles. The Board of Supervisors of any county, or the cor- porate authorities of any town or city through which any telegraph line may run, shall have power and authority to regulate within their respective limits the manner in which the same shall be constructed and maintained, with a view to the safe and convenient use of the public highways, by ])ersons traveling thereon ; and if the proprietors of any telegraph line shall refuse or omit to comply with such regulations, they shall be liable to indictment, ami on conviction maybe fined not exceeding one hundred dollars for each offence ; and, moreover, the said Hoard (»f Supervisors or coiporate authorities of such town or city may cause such line to be al»ated within their respective jurisdiction as a nuisance. Such companies or associations shall be responsible :c. ^ANIES. lorporatetl telagraj)!! istriu't the 1 fix til res streets, or turnpikes, the public duill be so li thecoiu- I- with the f be avoid - cross any ::ross sucli r the cor- igh wliich ower and limits the iicted and anient use 5 thereon ; lall refuse r shall be ^ fined not ice ; and, ■ coiporate ell line to tioii as a ^sponsible for any daniacies wliich any person may sustain l)y the erection, continuance and use ..f such line, and the lix- tures ther.'of ; and in any action for the recovery there- of, brouiilit by any owner or possessor of land over or alonf,' \\diich 'su.;h line mny run, dani:if.n's shall be assessed for the permanent continuance of siu-ii line and lixtures, and (Ui payment thereof the right to continue and use such line and lixtures shall exist as if by leave and license of the owner of the land. Such c.ompaides or associations shall likewise beSKcsm responsible for any damagv to the person or property of another by the falling of the wires or otherwise, if such injury shall appear to have been occasioned by any neg- ligence or want of proper care in the construction, super- vision or management of said line ; and in order that persons sustaining an injury may have the proper rem- edy in the county where the injury may be sustained, all such companies and associations shall appoint an agent or attorney iti each county through which their line of telegrap)' may run, for the purpose of receiving service of all process in suits ag.dnst such company or association. Which appointments shall be in writing, and recorded in the office of the Chancery CMerk, and all process served on such agent or attorney shall be asgood and elTectual as if served on the company (U- association, or the individuals composing the same, and if any such company or association sliall fail to appoint such agent, or attorney, the process may be served on any agent, officer or operator in the employ of said company or association, and the return of the Siieriff or other officer executing such process shall be good evidence that such person is such agent, officer, operator or employee. Such companies or associations shall be bound, onsK(. a43J. apiilication of any officer of this State, or of the United States, in case of any war, insurrection, riot or other civil commotion or resistance of ])ublic authority, or for the prevention and punishment of crime, or for the ar- rest of persons suspected or charged therewith, to give to the communications of such officers, immediate dis- 130 L^ fHJ Bku. :i43S. Sko. 843C. l)atch at the price of ordinary communications of the same length, and if any officer, agent, operator or employee of any snch company or association, shall refuse (>r wilfully omit to transmit such comniunicatirn as aforesaid, or shall designedly alter or falsify the same, for any purpose whatever, the person so olfend- ing shall be lir.ole to indictment, and on conviction may be fined and imprisoned at the discretion of the Coiut. If any person shall wilfully injure or in any numner obstruct or interrupt the working of any telegraph line in this State, or shall wilfully destroy, cut down or in- jure any post or other support of the wires, .nsulators or other fixtures necessary to the working of said tele- graph lines, or shall cut, break or destroy the wires, or shall place any wires or other substance whatever in contact with or touching the wires or other fixtures of said telegraph lines, so as to impede or in otherwise in- terfere with the operations thereof, or shall take, carry away, injure or destroy any of the posts, wires, insula- tors or other fixtures or things belonging to such tele- graph lines, during any temporary suspension of the operations thereof from accidental causes, such persons shall be liable to indictment, and on conviction may be fined not exceeding five hundred dollars or imprison- ment not exceeding six montlis, or both, at the discre- tion of the Court, and shall, moreover, be liable to all damages suffered by reason thereof. If any superintendent, operator or person connected in any capacity whatever with any line of telegraph in this State, shall use, or cause to be used, or make known, or cause to be made known, the contents of any dispatch which may be sent or received over such tele- graph line, without the consent or direction of the party sending or receiving the same, or shall fail to transmit all dispatches filed at the office of which lie is the super- intendent or operator, for transmission to any other point, without divulging or making public the contents or purport thereof, without like consent, aforesaid, such jeson, on conviction thereof, shall be liable to be fined m )ns of the perator or ;i()ii, shnll lunifiatif n alsify the so oifeiul- ction may he Coiirt. ly manner jraph line All or in- .iisulators said tele- wires, or hatever in xtures of lerwise in- [ike, carry es, insula- such tele- ion of tlie )h persons n may be imprison- M discre- ble to all not exceeding? five hundred dollars, or imprisoned not exceeding six months, or both, at the discretion of the Court, but this article shall not apply to any dispatch of a public nature sent with a view to general pub licity. Any person who sliall intentionally, or negligently, inSEc. aros. any wise obstruct, injure, break or destroy, or in any manner interrupt any telegraph line in this State, or communication thereon between any two points by or through which the "aid line may pass, shall, on convic- tion thereof, be fined at the discretion of the Court, not more than one thousand dollars, or imprisoned not longer than twelve months, or by both such fine and ini])risonment. Code of Mississippi, 1871. In suits against railroad and telegraph companiessKcros brougiit in any county other thr.n that in which their office or principal place of business may be, the process may be served on any station agent, or sent to any county in which such office or principal place of busi- ness may be located, and there served, as herein directed and authorized. connected egraph in , or make nts of any such tele- the party • transmit the super- any other e contents jsaid, such o be fined How Corporations are Formed. Telegraph companies may be created in the modesEc. ssdt hereinafter designated, and shall be as valid, in all re- spects, as if such incorporations had been directly and severally created by legislative enactment. The persons desiring to form such corporations shall ggo.aaos, draw up, in writing, an agreement, or charter, which shall be headed as follows : The Charter of Incorporation of (name of corpora- tion). The charter shall contain, in clear and intelligi- ble language, the following points : First— The pur- poses for which the corporation is fonned. Second — i lHW ' — ' 'W W i:s8 Ski:. 2399. 8K0. aioo. Sec. SIOI. SEC. -HOi. Sec, 24P'j. Sec. 8404. The names of the persons wlio are to be corporators. Tliird— TI > corp(»rate name by which t!ie assoi'iallon is to be Ivnown. Foiirlii — The powers intended to be ex- ercised. Fifth— The period for which the corporation is to exist, if limited in point of Mme, and if not, a state- ment tliat there is no time tixed. Sixth -Anythinj^ else necessary to be stated, delininj^- tlie re.spective ri^ji-lits and duties of the corporations. The cliarter, tliiis drawn, sliall be sij^ned l)y tiu! corporators and ac^lvnowledged as conveyances of land are directed to be acivnowledged. The charter shall then be submitted to the (roverner of the State, who shall take the advice of the Attorney- General as to the constitutionality of the provisions thereof. If the (xoveiiior ai)pi'ove the charter he sliall endorse his approval ihereon under his hand and the great seal of the State, but the Governor may, in his discretion, require amendments or allerations to be made to the charter before approving it, or he may refuse to approve it, in whi(di (.'vent the corporation shall not be foi'med. When the charter is thus drawn and approved, it shall be recorded in the office of the Secretary of State, and in the office of the Clerk of the Chancery Court of the county in which the corporators may propose to carry on business, or conduct the society affairs, and the original chatter shall be returned to the coi-porators. When the corporate act has been approved and re- corded as herein required, it siiall be considered that the corpoiation is established, and they may commence the corporate business or proceedings, according to the terms fixed by the charter. A certified copy of such charter from either office where the record is made shall be admissible as evidence in all the Courts of this State. Charters for telegraph companies shall state the termini of the proposed line, and describe the general route to be pursued, and they shall have no power to build any other line under that charter. oiporators. soi'ialion is to be ex- iporation is lot, a stato- ytliiiif? t'lse I lights ami ^(1 l)y tiu! es of land 13}) When corporations formed unde'r this charter shall sr.i-.iios. expire by limitation, or otherwise, they may be renewed by observing; all tiie requirements hereinbef(»re stated. Suits shall be instituted against corporations insKo.aiio. county where their place of business may be, except that railroad and telegraph companies may be sued in any county where they may commit any injury. d (.Tt)veriier i Attorney- ! provisions ter 111' sliall lid and the may, in liis to be made y refuse to shall not be pproved, it ry of State, iiy Court of propose to affairs, and iorporators. ved and re- dered that • commence ding to the itlier office as evidence [ state the the general 10 power to m 14(1 TELEGRAPH LAWS OF MISSOUIII. State of Misnuiiri, sh. : T, MioH.VKL K. McCluATii, Secretary of State of tlie Stt.te of iMissouri, hereby certify that the annextvl j);i-;ea contain a full, true and coniiilete co])y of sections '.):{ to 110 inclusive, of an act of the General Assembly of the State of Missouri, entitled, An Act to revise and amend chapters (iH, 64, (i;") and 0(5 of the General Statutes of the State of Missouri, con(!erning corporations. Approved May 3lst, 1879, as appears by compailuf? the same with the original roll of said act, now on tile as the law directs in this office. In witness whereof, I have hereunto set my hand and affixed the seal of office of the Secretary of State. Done at the City of Jefferson, this thirtieth day of June, a. d. eighteen hundred and seventy-nine. [L. S.J MICU'L K. McGRATH, Secretary of Slate. An Act to revise and amend Chapters 03, 04, 0.5 and 66 of the General Statutes of the State of Missouri, concerning Corporations. Be it enacted by the General Assembly of the State of Missouri as follows : TELEGRAPH AND TELEPHONE COMPANY INCORPORATION. Sec. 93. Any number of persons, not less than five, being subscribers to the stock of any contemplated tele- phone or magnetic telegraph company, may be formed into a corporation for the purpose of constructing, own- 141 RI. State of the next'd ])a,L((^s fctions '.);{ to iiubly of till! : and aiuetul itiitt^s of tlie , Approved e same with e law directs iiy hand and •itate. J)one •f .June, A. 1). tATFl, / of State. in^, operating and inaintainiiifj: lines of telephone or magnetic telegraph, npon complying with the following re(piirements : wlienevu, for the purpost; of making preliminary surveys and examiiialioiis, with a view to the erection of any tt'lephom; or tele<;raph lines, and from lime to lime to appropriate so much of said lands as may be necessary to erect such poles, ])it'rs, abiil- nienls, wiresaud oili'r necessary fixtures fora teb'i»Iioiie or magnelic telegrapii, and to make sindi changes of location of any part of said lines as may, from time to time, be deemed n^'(!essary, and sliall have a right of ac- cess to construct said line, and when erected, from time to time, as may be recpiired, to rei)air the same ; and may proceed to obtain the right of way, and to conde'inii said lands in the manner i)rovided by law. Skc. 100. No company shall have power to contract with any owner of land for the right to erect or main- tain a telephone or telegr'ii)h lin ;• over his lands, to the exclusion of the other companies organized under the provisions of this act. Skc. 101. Any company incorporated as herein pro- vided mav contract, own. use and maiiilain, any line or lines of telephone or magnetic telegiaph, whether wholly t4« vvitliin or wholly or partly beyond tli«» limits of this State, and nliall have power to lease or attach to tlio line or lines of snch company, other telephone or tele- graph lines, by lease or purchase, and may join with any other corporation or association in constrncting, leasing, owning, using, or maintaining their line or lines, upon such terms as may be agreed upon between the diiectors or managers of the respective coip(»rations. and may own and hold any interest in such line or lines, or become lessees thereof, on sjich terms as the respec- tive corporations may agree. DUTIES AND OHLIGATIONS OF COMPANIES. Skc. lO'i. — It shall be the duty of every telephone or telegraph comi)any, incorporated or unincorporated, operating any telephone or telegraphic line, in this State, to receive despatches from and for other telephone or telegraph lines, a!id from or for any individuals, and, on payment or tender of their usual (diarges for trans- mitting despatches, as established by the rules and regu- lations of such telei)hone or telegraph line, to. transmit the same with impartiality and good faith, under a penalty of one lumdred dollars for every neglect or re- fusal so to do, to be recovered, with costs of suit, by civil action, for the benetit of the ])erson or persons or company sending or desiring to send such despatch. Skc. 103. — Where the person sending the despatch desires to have it forwarded over the lint»s of other tele phone or telegraph companies, whose termini are re- spectively within the limitsoT the usual delivery of such companies, to the place of timd destination, and shall tender to the first company the amount of the usual charges for the despatch to the ])lace of final delivery, it shall be the duty of the company to receive the same, and without delaying the despatch, to pay to the suc- ceeding line the necessary charges on the remaining dis- tance ; and it shall be the duty of the succeeding line or lines to accept the same, and forward the despatch in i4r) nits of this tiicli to tllH lie or ti'lti- >' join with iiMtriirtin^, lie or lines, 'tween the rporations. ne or lines, the respec- PANIES. lephone or corpora ted, ne, in this r telephone duals, and, s for trans- !s and re<yinji: of the report of tho coniinissionefs ; and the: Court, as to any costs niade l>y siibsecptent litigation, may nialve such order as in its discretion may be deem- ed just. The Court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the ])roceeding, RESTRICTIONS. Sko. 117;— No telephone or telegraph company shall, by virtue of this act, be authorized to enter or appropri- ate any dwelling, barn, store, warehouse or similar building, erected for any agricultural, commercial or manufacturing puiposes, or to erect poles so near there- to as materially to irconvenience the owner in their use or to occasion injury thereto. Si'X!. 118.— In case the lands sought to be appropria- ted are held by any cori)oration, the right to appropri- ate the same by a railroad, telephone or telegraph com- pany shall be limited to such use as shall not mater- ially interfere with the uses to which, by law, the cor- poration holding the same are authorized to put said lines. Where no agreement can be made between the parties, the mode of assessing the damages provided heretofore as to private persons shall be adopted ; and if the lands to be appropriated lie in more than one county, an application may be made in any one county in which any of the lands lie, and the damages shall be assessed as to all the lands of the defendant corporation along the whole line, in one proceeding. Sec. 119.— In case lands sought to be appropriated by any railroad company in this State for depot pur- poses, belong to private persons, and such company and tile owner cannot agree upon the compensation to be paid, or in case the owner is incapable of contract- ing, be unknown or non-resident of the State, such company may have such lands condemned in the man- ner thai is provided in this act for assessing damages, 152 which the owners of lands may severally snstain in con- sequence of the erection, establishment and mainten- ance of railroads over such lands ; provided that in no case shall more than ten acres of land in the county or more than six blocks in a town, village or city, bo condemned under this act, at any one place, or for any one depot ; and provided, further, that any other railroad company shall have the right to use said depot grounds for depot purposes, with the nec- essary buildings, turnout, sidings, switches and other conveniences in furtherance of said purjiose, and if the said two companies cannot agree upon the amount of compensation to be made therefor, or the points or man- ner of such use, the same shall be ascertained and de- termined by commissioners as tn-ovided by law for the condemnation of land for railroad purposes. Approved May 31st, 1879. stain in con- ic! mainten- tliat in no 3 county or or city, be e place, or irther, that riglit to use itli the nt'c- 3 and other , and if the ^ amount of )ints or man- ned and de law for tlie IM MONTANA LAWS OF 18G8-1800. An Act providing for the collection of revoiuie. The property of coi'itoiat ions or com iMinies constructing r h. ■/■■ * * * telegiaph lines, and simihir improvements shall^'^''^" " be assessed so each corponit ion or com|)any and their inleiests are to be taxed in this Territory in the coiinlies or localities in wliicii siu^h l)ridges * * * telegraph lines and similar improvements may be in, and to the extent of su(;h improvements as may be found to be in the county or counties in which the same may be situ- ated, and to this end the assessor is directed to require the secretary or (to) clerk or whatever officer of corres- ponding duties there may be, to render undc oath a list of the number of miles and value of such injprovements as may be in each separate county through which the same may be constructed or in which the same may be situated. Approved, Jan'y ID, 1869. - MONTANA. LA WS OF 1870. An Act Concerning Licenses. Be it enacted by the Legislative Assembly of the Ter- ritory of Montana. That any company having a line or lines of telegraph g,,,, ,9 in the Territory shall pay a license as follows : On every 154 business office kept in tlie city, t()\/ii or villa^'c ('(Hitirm- inj; !i population of tliree iiuiidivd persons and over sliall pay a license of ten dollars per month ; all other telefj;rai)h ofRce.s kept, or roads or stations where ^^'n- eral business is transacted shall pay a license of live dollars per month, said license to be procured in the counties where the said offices are established. Approved, Jan'y 6, 1870. I f^e ccmtaiii- * and over 1 ; all otiier vlierc ^(>ii- ise of live ired \\\ the 1. inn N K » E A S K A . COISSTITUTION OF THE STATE, NOV. \st. 1875. ARTICLE XT. t'OUI'OUATIONS. No railroad corporation or telegrrnh company shall s,._'.^3^^^^^^^_^ consolidate its stock, property, framjhises or earnings, ^,,j^,. in whole or in part, with any other railroad corporation or telegraph company owning a parallel or competing line ; and in no case shall any consolidation take place except upon pnhlic notice of at least sixty days, to all stockholders, in such manner as may be provided by law. , , The legislature shall pass laws to correct abuses and s.^c.r^ ^^ ^^ prevent unjust discrimination, and extortion on all ^^^„,^t„d by charges of express, telegraph and railroad companies in uw. this State, and enforce such laws by adequate penalties to the extent, if necessary, for that purpose, or for- feiture of their property and franchises. Compiled General Statutes, 1881. % NEBRASKA. CHAPTER 77 REVENUE. AuT. I.— General Provisions. The president, secretary, superintendent, or other |^f,i,89j principal accounting officers within the State of every ^Xfist?' ih pro- log i m 8rr 40. AtDWiA' ineiil. tek'^iapli coiiipaiiy, ulictlicr incoiponilcil by niiy l:i\v of tliis State or iiol, wIumi any jiorlioii ol' tlu' properly ol' e:ii(l railidatl oi leleij'raph e »iup:my i-^ situated in more than one county, shall list and return lo the auditor of imhlic a(H'onnts for assessment and taxation, \eiilied l)y llieoalh or allirmation of the person so list .n;^', all the I'ollowinu," d(>seril)ed propeity l)eIonii;in,s('rs of any precini't of the county whert^ said veal or [tersonal property may be situated, in the maniiei- pi-ovided by law for the listing and valuation of real and peisonal property. The rt turn to the auditor of public jiccoiints. herein l)rovided shall be made on or before the fifth day of April annually. If the return aforesaid be not re- ceived by said auditor by the tenUi day of April, he shall thereupon proceed to obtain the facts .md infor- mation aforesaid in any nianeer that may appear most likely to secure the same correctly, and for that pur- pose ma ■ address a written communication to the cor- poration, or to som<5 otficers of the corporation, who has failed to make the return aforesaid. As soon as practicable, after the auditor has received the said return, or procured the information required to be set forth in said return, a meeting of the State lioard of Eqnali/ation, consisting of the (xovernor, State Treas- urer and Auditor, shall be held at the office of said anditor, and the said board shall then value and ass'-sa the property of said corporation at its actual value f(,r eacli mile of said line, the value of each mile to be determined by dividing the sum of the whole valuation 1 M- « imy !:i\v of lojxTly dl' 'd ill iiHtro aiiililDr of 111, x.M'Hlt'd list.ii^, Jill I siii'li cor- r ill uliicli 'I'llt' Mlllll- IK' ill f.'icll iiiiiiilii'r of liowi'vcr, ;lit of way ti'leuraph xatiori, by iiiit's, willi II' (•(tuiity ) .situated, istiiiji; and Us. lnM'»'ill rli day of )e not re- Api'il, lie .md infor- ipear most that [)ur- 1) the cor- utioii, who Ls soon as L the .said . to be set Board of :ate Treas- e of said and ass'^.ss I vabie f(.r iiile to be 3 vahiatioa by the niiiiibcr of iiiili's of siicli lino. Tn making np siudi vahiatioii or asscssiiifiil, llie said Itoard sliall examine and foiisider the rt'tiirn lit'ifiii it'iiniifd to be math', or llie iiit'ormalioii procured by the auditor, in (h'faiill of siM'h return, to^etlier witli such otlier re- lial)h' inforiiiatioii rehitive liierelo as tliey may i'e al)lH to procure; said board sliall not asse.ss the value o' any real or personal pr()i)erly situated outside of tlie ri^ilit of way of siicii company. On or before the lifteeiith day of May, or so soon thereafter as the said board, or any two I litM'eof, shall have made and de.er- miiied said valuation and ass"ssmriit, the auditor shall certify to the county chirks of the several counties in ■.vliich the proi)erty of the afore.said corporalit ;i, or any part thereof, may be siluated, the ass<'ssnient per mile so made on the projierty of said corporation, specifying the number of miles and amount in eaidi of such counties. All such i^roperty shall, for the j)iiri)ose of taxation, be deemed " ])ersonal property," and placed on tht! tax list as herttinafter provided. If any person or corporation shall fi;ive a false orsK.(.4i. fraudulent list, schedule or statement, r.ciiiired by this'''",!';__';;;J:;'"'"'' act, or shall fail or refuse ^' leliver to the assessor, when called on for that purpose, a list of the taxable personal property which he is re(iuired to list n;ider this act, he or it sliall be liable to a penalty of not less than !?!(), nor more than ^100, to be recovered in any proper form of action in the name of the State of Ne- braska on the complaint of any person. Such tine, when collected, to be paid into the county treasury. Whoever shall wilfully make a false list, schedule ski.w. or statement, under oath, shall, in addition to tl e"'""'^^''"^"'''''* penalty provided in the preceding section, be liable a.s in the case of perjury. ir)H NKltUASKA. COMPILED (iKNEHAL STATUTE!^. CuiMiNAL Code. turei. C II A P T E 11 X I 1 1 . iN.TUliY TO * * * TkLKOUAPII PkoPKUTY. Sir. 98. Every person who shall wilfully and maliciously "^wlreTor fix- injure, molest, or destroy any of the lines, wires, posts, piers or abutments, of any tele^'raph company, owner or association, used in or about the transmission of dis- patches, or other communications, shall be punished by imprisonment in the penitentiary not less than one year nor more than three years, in case the damage to such c(mipany, owner or association, from such injury be thirty-five dollars or upwards ; but if such damage be less than thirty-five dollars, tiien the person so offending shall pay a fine of not less than ten dollars nor more than five hundred dollars. SKO. 1. NEHRASKA. L AW S OF 18 8 3. CHAPTER LXXX. An Act to Prohibit Extortion in the Transmission of Telegraph, also in the Compiled Statutes Bespatches. (Appendix 1883, p. 89G.) Be it enacted by the Legislature of the State of Ne- im ']S. rv. aliciously ■es, posts, ly, owner on of dis- nisheil by than one la in age to ch injury h daina<50 person so n dollars nission of espatches. ite of Ne- Curliiii'tl k'.ivIc- nit'iit to bo fllea In ..nice of SeiTolnry of State. braska, That all associations, whether the same shall^^^-J^«^•"»'J•o• have h.'t'n or may hereafter be organized or incorporated umb-r the laws of this State or by and under the author- ity of any otiiei State or 'I'erritory. or by the authority of the I'uitcd States, whos.f objwt and purpose is the transmission, colieetiou and distribution of despatches by tel.'Krai)li shall bo subj.-ct to the regulations and re- strictions hereinafter prescribed [)y this act. Every telegrai)h company and every press association s^c* or corporation engaged in the transmission, coilec'-on, distribution or delivery ..f telegrajdiic despatches, .■ither for private use or for publication in newspapers, shall, witliin tliirty days after this act goes into elfect, file in the ollice of the Secretary of Siale, a statement certilied to under oatli by its president and secretary, or two of its ofhceis, embodying the following information, to wit: The name of the association, amount of capital invested, character of its business, together with a true coi)y of its articles of iiic«)ri)oration or articles of copartnersiiip, with regulations and by-laws then in force. It shall be the duty of the Secretary of State to issuesKca. acertilicate to every association or corporation tliat lias ,,e,.t„u.»t... filed the statement recpiired by ti.e second section of this act, upon payment of five dolhirs (ii^:)), which cer- tificate shall convey authority to sucii associiition or corporation t(» conduct its business witliin this State uiuler the restrictions and jjenalties imposed herein. Every telegraph company, press associatioiw.r '"'>»' ^:;;J;y ,„„^. pcnation engaged in the transmissicm, collection and f„Bing to delivery of Telegraphic desi)atches that, shall refu.se or c^'''^ wm. fail to comply with the above provisions within the time herein pre.scribed, shall forfeit its right, to carry on the collection, transmission and delivery of despatches for publication or for private use, and shall, furthermore, forfeit to the county where such business is carried on, for each and every day it so continues in violation of this act, the penal sum of one thousand dollars (.^l,(Hi()), to be recovered in any Court of common jurisdiction ; and it shall be the duty of the District Attorney to prosecute *4 .11 m sncli violations of this not at the expense of the respect- ive (.'onnties wherein said act is violated. se<. v All telegraph companirs and issocialions operating 'Tor warding telegraph lines In this State shall transmit and forward (lisimidies. ;ill despatches directed to newspapers ov private in- dividnals or pnbUc officers witii impartiality in the order in which they are received, and nse dne diligence in delivery withont discrimination as to any person or party to wiioni they may be directed. skb c. Every officer or employee of any telegraph comjjany paiciiesordi oi'iissociation engaged in rhe traiismi ion ol despatches, vuigitiK con wi,,) f.j,;,|i wilfully delay the transmis.iion (tr delivery of tents of it. ,■ , ■, . e i ^ i any (h'spatpt the l»arty entitled to receive the same, shall be guilt}' of a misdemeanor, and upon conviction shall be j)unislied by a line of not less than, fifty dollars ()5^r)(>.()()) nor more than one hundred dollars (s? I ()().()()) for oach offense, or im- prisonment of not less than thiiry days nor more tlin.n three months in the county jail, at the discretion t)f the Court. sb;c.7. It shall be unlawful for any telegraph company, its ^""^"'■'*''**'" agents or operators to demand charge, or receive from any individual, association or corporation, a ^.reaier sum for the transmission and delivery of any t.degram or message over a given distance than it demands, charges or receives for the transmission and delivery of any telegram or message t-ontaining an equal numl)er of words over a greater distance, providing that despatches transmitted during the night and despatches for pub- lication in newspai)ers, may be forwarded and delivered at reduced rates ; such rates must, however, be uniform to all patrons for the same service, sue. 8. It shall be unlawful for any telegraph company, cor- Newsiiapera fj,„, associatiou, or organization engaged in the tions. business of forwarding despatches by telegraph t(^ de- mand, collect or receive from any publisher or i)ro- prietor of a newspaper any greater sum for a given service than it demands, charges or collects from the ic.l le respeot- operatiiii? il forward )rivate in- ty ill the i diligence person or conilKiny espatclies, lelivery of '' despatcli xcept tlie ;uilt3' of a inislied l^y more tliaii ise, or iin- inore tliaii tioii of the ripany, its 3eiv'e fi'om rcaiersniu 'legram or s, charges vy of any a umber of lespatohes s for pub- . delivered )e uniform pany, cor- ded in the ipli to de- er or i)ro- or a given I from the publisher or pi'opi'ictor of any otlier newspaper for a like service, aud the violation of tlie provisions of sections seven and eiglit of this act by any telegraph company or association, shall constitutt* a misdemeanor, and upon conviction said telegraph ccunpan}' or associa- tion siiall be lined for each and f.ery olfense in any sum not less than one hundred (s^^lco), nor more than one thousand (!?l.()On), with costs of prosecution, and in addition thereto such telegraph company or associa- tion siiall be liable for all damages sustained by the person or parties in conseipience of such discrimina- tion. Every telegrajih company and every i)ress association sw. 9. engaged in the transmission, collection, distribution or^ ooni.ity ^ " ' with news- pul)llcation of despatciies shall alTord the same and papers. equal facilities to all publishers of newspapers, and fur- nish the despatches collected by them for publication in any given locality to all newspapers there pub lished on the same conditions as to paymen*^^ and delivery. Any press asso(!iati'Mi, c()ri)or.ition or organization skc. 10 violating the foregoing section shall be deemed irnilty ^'a'"«i''"aity of a misdemeanor, and upon conviction shall, for each and every olTense, be fined in any sum not less than one hundred (!?10()), nor more than one thousand (^1,000) dollars, and in addition thereto such association and the members thereof shall be jointly and severally liable for all damages sustained by the owner. If any telegraph company, association or organization skc. n. engaged in the transmission of telegrai)li despatches '^uthfg't'o ™' from any place in this State, or the person having the leivo ami control or management thereof, refuse to receive despatches from any person, corporation, or any other telegraph company, or to transmit tho same with fidelity and without unreasonable delay, it shall be guilty of a misdemeanor, and upon conviction shall be lined for each and every olFense in the simi of not less than lifty (^,'5()), nor more than one hundred (^s^lO*)) dollars, and in addition be liable for damages to the person or corpoia- traiismit. i1\ 109 tion sustaining a loss by reason ofsucli refusal or failure to so transmit. Sec. 12. Any telegraph company engaged in the transmission ^L^dmuukJ t'f telegraphic despatches is hereby declared to be liable 'for the non delivery of desi)atches entrusted to its care, and for all mistakes in transmitting messages made by any person in its employ, and for all damages resulting from a failure to perform Jiny other duty required l)y law, and .iny such telegra])h company shall not be exempt irom any such liability by reason of any clause, condition or agreement contained in its printed blaidis. In all cases where application is nuide h) any telegraph Sf.C. 14 order, duty of Line« out of (.(„„p;i„y^ or the operator, agent, clerk, or servant there- operator. Sec. 14. To take effect of, to send ii desi)atch, it shall be the duty of such operator, agent, or clerk, who may receive despatclies at that station plainly to inform the applicant, and if required by him to write ui)on the despatch that the line is not in working order, or that the despatches already on hand for transuiission will occupy the line, so that the desi^atch offered cannot be transmitted with- in the time required, if the facts be so ; and for cmiil ting so to do, or for intentionally giving false information to the applicant in relation to the time within which the despatch offered may be sent, such operator, agent or clerk, and the company b}^ which he is enqdoyed, shall incur a like penalty as in section eleven of this aot. This act shall take effect from nnd after the first day of July, A. D. 1883. Approved February 24th, 1883. sal or failure lo;? f- transmission . to be liable to its care, es made by es resulting required l)y hall not be ison of any I its printed ny telefrraph Mvant there- in ty of such i desi)atches cant, and if tell that the i despatches py the line, niitted vvith- for omitting formation to II which the tor, agent or s employed, ileven of this the first day NEVADA. LA WS OF 1804. CHAPTER xxirr. Ok Skcukcy and Fidklity m rmo Tu.vNSMissrox of Tklkouapii Mkssagks. Penalty for divulging contents of messages, fine and skc i. imprisonment in the discretion of the Court. Sending of false or forged messages, punishable by finesEc.a. and imprisonment. Use "r appropriation of information by telegraph em-SKCi. ployees, puuishable by fine and imprisonment. Neglect or refusal to send or deliver messages, a mis- «".<;. ■«. demeanor. To open a sealed message, under false representations skc. 5. as to personality, a misdemeanor. Clandestinely obtaining messages from wires, and sfx, 0. using or attempting to use such information, punish- able. Bribing of operators to disclose contents of messages, sec. 7. punishable by fine and imprisonment. Malicious interference with, or destruction of tele s«o.8. graph lines and apparatus, punishable. Persons offending against provisions of sections one, sf.c. 9. two, four, six or seven, also liable for damages in civil action. Telegraph emiiloyees exempt from militia and jnrysKc. 10. duty. Contracts by telegraph shall be deemed to be in writ- sec n. ing. I Sic. 18. Skc, 13. Sec. 14. Sec. 16. Src. 18. Sec. 17. Sec. 18. Sec. 19. sec. ao. 164 Notice by telegraph shall bo deemed actual notice. Powers of attorney and other instruments in writing may be sent by telegraph, nu.^. be admitted to record as originals. Checks, due bills, promissory notes, orders or agree- ments for the payment or delivery of money or other thing of value, may be sent by telegraph. Instruments in writing, duly certified by a Notary Public, Commissioner of Deeds or Clerk of a Court of Record, may be sent by telegraph and lia^e the same force as originals. Warrants of arrest may be served by telegraph. Any writ or order in any civil suit may be transmitted by telegraph. It shall not be necessary for operators to describe seijls of documents transmitted. Telegraph companies shall have the right to the use of distinctive trade marks. All despatches to be sent in the order received, except official business and matters of public interest. NEVADA. LAWS OF 1806. Skc. 1 . Sec. 8. CHAPTER CXX. Of Constructing and Maintaining Teleguapii Lines. Any person, persons, company or association may construct and maintain a line of telegraph. Certiticate containing full information as to organiza- tion and proposed construction to be filed with the Sec- i: .-t notice, in writing to record s or iigree- y or other ' a Notary % Court of B the same ■a ph. transmitted scribe seijls ; to tlie use ved, except It. KJr) retary of State, and work of (H)iistr(i('ti()n nnust be com- menced within thirty days of siicli filing. Public and private lands, streets, alleys, highways orsKca. streams may be properly used. Rates of charges to be posted in all offices, and it is asEc.4. misdemeanor to overcharge. Telegraph companies shall be governed by the gtneralsEc 5. laws of the State. When necessary private lands may be approjjriatedsBc.e. and compensation duly made. If owners of telegraph lines f il to keep them in as sac. 7. good repair as practicable, such failure renders a forfei- ture of franchises liable. Teleguapu ciation may to organiza- ni\\ the Sec- i 4' r 1(50 LAWS OF NEW HAMPSHIRE. GENERAL LA WS OF 1878. In Kklation to Tklk(jkai'ii Cumtaniks. CHAPTER 62, P. 101. Skp. 14.— Every Telegraph Corporaiion, Company, or person shall anntially pay into the State treasury, for the use of the State, a tax of one per cent, upon the value of any telegraph line owned or corporatedby said Corpora- tion, Company, or other person, including the offi(!e fur- niture or machinery, and said tax shall be paid on or before the lirst day of Sei)tember. LA WS OF NEW IIAMF^UIRE OF 1879. CHAPTER 40, P. 350. Sec. 1.— Every Telegraph Company whose lines pass through any portion of this State on the line of any niil- road shall keep and maintain an office for the receipt and transmission of messages over its wires for the ac- commodation of the public, in every town having a population of fifteen hundred or more, according to the latest census of the United States, tlirough which such line passes ; provided, tliere is a passenger station on said railroad in such town ; provided, also, that the provis- iojis of "this Act shall not apply to the lines of the United States Direct Cable Company. Si;c. 2.— Every telegraph company neglecting or re- tm NIKS. fusing to comply with the provisions of section one of tliis Act, shiill p!iy :i line of on.; liunlnMl doilius for eadi iuul every niontli of such neglect or refusal in eacli and every such town in whicii the provisions of section one apply ; one-half of such tine to go to the complain- ant and the balance to the County in which such town is situated. Skc. ;}.— The Attorney-di'ueral and County solicitors are hereby instructed to enforce the ])rovisio!is of this Act in every case in which complaint is made. ]!onipany, or 3ury, for the . the value of aid Corpora- he office tur- paid on or F 1879. ise lines pass e of any rail- : the receipt i for the ac- vn having a ording to the 1 which such tat ion on said it the provis- lines of the lecting or re- LAWS OF NEW HAMPSHIRE, 188a. CHAPTER no. An Act koi: tiik Taxatiox ok' Tklki'jioxk Comf'Anies. Every telephone corporation, company, or person 8eo.i. ' doing business within this State shall pay an annual t-j^'^p|^'.^^"^;; tax, as near as may be in ])ioportion to the taxation of ue taxed, other property throughout the State, on the value of any telephone line or lines owned or worked by such corpora- tion, company, or peisons within this State, including all poles, wires, insulators, transmitters, telephones, batteries, instruments, telephonic apparatus, office fur- niture and fixtures. The State Board of Equalization shall appraise thesK<.2. said lines, apparatus, office furniture and machinery !it^^';|;;;^;;;;;^j;^'' their actual value, and assess such corporation, com- pany or pf^'son on said valuation at the average rate of taxation of other property throughout the State. Such assessmeni shall be made and certified to the State Treasurer by the thirtieth day of September. The State Treasure' sluill thereupon notify said parties against whom the tax is assessed, and the same shall be paid m 1^ ft; r SBC. 3. TakuK offect whpii. 108 into tlui treasury on or ht^Unv the tlilrtietli day of Oc- tober. If any tax so assessed is not i);iid by the said tliirtieth (hiy of 0(!tober, the State Treasinvr sliall is- sue his exte'.it i'or tlie same, and all property of the de- linquent corporation, company, or person, on the lirst day of April preceding, shall be liable for its payment, '''his Ari sha'l take elfect from its passa<;e. *■■:>] . t'd Septend)er 15, IHSJ^?. ] LAWS OF NEW HAMPSHIRE. 1881. CHAPTER fi3. SKC.8. Section fourteen of said chapter is hereby so amended Taxation of j^g jq require that every telegraph corporation, company telegraph. ^^^ person sluill pay an anuiuil tax as near as may be in proportion to tiie taxation of other property through- out the State, upon the value of any telegraph line owned or operated by said corporation, company or per- son, including the office furniture and machinery. And section fifteen of said chapter is so amended as to re- quire the State Board of Equalization to assess said telegraph property at the average rate )f taxation of other property throughout the State. Said assessment shall be made and certified to the State Treasurer by the thirtieth day of September, and the tax shall be paid on or before the thirtieth day of October. If any tax so assessed is not paid by said thir- tieth day of October, the State Treasurer shall issue his extent for the same, and all property of the delinquent corporation, company or person, on the first day of April preceding shall be liable for its payment. All provisions of law inconsistent with this act are Ki'peaiingiieieby repealed, and this act shall take effect upon its clause— takes effect when. paSSage. Approved August 9, 1881. , Sec. 3. 8KC. 4, (lay of Oc- l)y the Hiiid 'i- sliiiU is- of tlie -le- tlielirstdiiy nieut. I no K E W II A M l\S II I U K Ji A » S . 1 NS I . CHAPTER 54. KHKCTION OV TKLKOKAPH I.INKS. m. so amended m, company may be in ty throusli- ei^raph line lany or per- inery. And sd as to re- assess said taxation of titled to the tember, and tieth day of by said thir- till issue Ids i delinquent first day of ent. this act are ect upon its lie iTi'oti'il imil w i r I' « Htretolietl in liighway'ii. Tile proprietors ol' any teleui-raph line, or of any tele-SE,-. i. phone excliange or line of telephones used for the trans/^.■|-wal■l^_^t^^^ mission of sjioken messa^'es by means of the electric ■ ■ speakinj^ telephone, or of lines for establishin "ces'^ v wires for the use of such telegraph line, or lu- phnio exchange, or line of telephones, or line for e' , . ic ight- ing, (»ver, across and along any public higlnva> n 'his State, or may lay the same under the s»i^ '-vce of any such highway. Such telegraph, telephone or electric lighting poles, skc.s. structures and wives shall be erected and niaintained^'^,',,,^°J™';f;|.'; subject to the provisions of Chapter eighty of the Gen- nor use pri. eral Laws of this State relating to telegraphs, which are ^,"3^1*^ hereby made apvdicable to lines of wire for teleplionic ers consent, ,. . ". -1 1 1 i. nor oofiuire and electric lighting purposes; and no poles, structures prosonptive or wires are hereby authorized that shall in any way right. impede or obstruct the free and safe use of any highway for public travel, nor that shall interfere with or obstruct the safe, free and convenient use of, or access to or frotn^ any lands or buildings adjoining or near such highway ; and no such poles or other structures shall be erected or wires stretched. by any of such proprietors, on, over or across the lands or buildings of any individuals or cor- porations without their consent ; ?nd no right shall be acquired by the use of wires stretched on, over, or across the lands or buildings of any such individual or corpo- ration for any length of time. Whenever any such proprietors shall desire to erect sec 3. their poles or structures, or to stretch their wires, they "^eJ^'So^Te 1 f Si M tn iiii.> "iKi m:iy apply by pt'iitioii lo the iuiiy<»raiiii of :iny town in wiiicli siidi ix'l.-s or .striH'tiirt'M arc to 1)1' crtM'iid or wirt's sirt'ii^in'il, to jo- nitc tilt' route of the Hiics I'or such tcli'^rapli. tclcpluiic orclecliii- liuhtiiiu-, on, over and aloiii; the i)nl)lic hi^h- waVM in .siicli tdwn or city, and to j;raut license therefor upon such conditions as the piihlii- j^mod may rt'ipiiie. ««<■ I The iuay(. rand aldermen, or seiectnu'ii, shall have tin; '",''■*,*.'," ",°t power toii.ant siu-h lic(Mise,and may lix and limit the size wiiunil that such wires may be stretched, and tht^ nuudxM- of wii'cs that may be so used, and the time for which the license shall continue in force, and may revoke the same when- ever the piil)li(! ixood shall so re(inire, and from time to lime, upon like ai»i)lication of such proprietors, or by any jM-rsitn whose rij^hts and interests aie alTected, may alter and chan,n-e the location of such poles or structures, and the height and size of the same, as well as theheiyht and nundter of wires, or may revoke the said license if proi)er cause is shown ; and all proceedings of the mayor and aldermen, or selectmen under this act, shall be sub ject to the supervision of the Supreme Court, on ai)pli- cation of any person interested or aj^yrieved, sic.5. No such poles or structures shall be erected or wires Not to 111- intor- ' • , i< ,1 .1 fer.Mi with stretched in any way so as to iiiterlere witii any oilier similar striio- ' •' tuns. similar strnoture. skc «. If any pcM-son shall be aggrieved or damaged by the "«'3ed'"'"' erection of such poles or structures, or by the stretching of such wiivs, or by the use made of the same, he may apply to the mayor or aldermen, or the selectmen, to as- sess the damages which he claims are occasioned thereby, who shall give notice to such proprietors and all others interested, and after hearing all parties,may award such damages as may be legally and justly due. Sec. 7. If Said luayor and aldermen or selectmen shall neglect Party ag j^,. y^.[^^^^. f,) make such award, or either party .shall be appi7't""s" dissatisfied therewitli, or said proprietors shall neglect premecourt. y^. j.^fij^e to pav the Same within thirty days after such 171 iiiHiutf any ^,''^;' I"; ^^^^^^ petition to the mayor, any aldermen or Helecttiieii. in case ^^,,,.„ „,,„., any propriet(.rs aforesaid sliall .h'siiv to lay tl,eir wires ;;;;;,;;;'';;';';; under the surfa( f the higliway, or in casi- an\ person ,,,.. ^|,i,. „f interested or alVecled by such poles, strncUn.'s, oi wires, i.Wiw.iy. or tlie use made ihere^ ''«'"»' discrimination and at reasonable rates; any person ag- grieved by the nature or failure to fnrnish such means at such rates may apply to the Supremo Court by i»eti- vm Moil fur rodipss, and rliH (^oKi't slmll make siidi onlera aiianies. /ieiu'sioit ^i>proP('(f April i\ IH75. 1. Whenever any number of per.soiis coiisiHtln^' of two or more sliall liave suhscrihed one-third of tlie cap- ital stock necessary to be issued for tlie coiistriiction of any line of fele<,napii in this State, they shall ui)on de- positing^ wirh the Secretary of Stat ^ a written or ])rlnt- ed description of the line they propost; building, aiul constructing, the localities it is intended to traverse, the cai)ital of the comi)any and its title or corporate name, and complying with tiie provisions of this aaid otficers ws and reg- ich bydaw.s and are not 8tat'>, or of [1 of oflicers, eting of the represented oi'ided hoio- e more than ganized and [ to chai'ge not exceed- w'cc^eding ten it ten words rst ten, and this State ; iided to be >ne per cent- ito the state c'tively. ■ganized, or h, maintain f miles tra- or more per- jnditions of ■y shall have the privilege of bnilding nnu maintaining a line as de- scril)ed for the full term of twenty years, proriih'd how- et)e)\ that within threeyears from the date of desciiption tiled with the Secretary oi State, tlu^y shall have built and completed the same. 7. If any person or persons shall wilfully and unlaw- fully injure, destioy or obstrnct the use of any telegraph line constructed by virtue of this act, su<.'h person or X)ersons so olfending shall for the Hi'st offence pay to said company the sum of one hundred dollars, to be nn-over- ed as debts of like amount are by law recoverable, and be liable for all damages, and shall for the second olTence on conviction thereof be liable to imprisonment in the county jail, not lo exceed one year. 8. Any telegrriph couipany organized by virtue of this act shall have full power to use the i)ul)lic roads or high- ways in this State on the line of their route, for the pur- pose of erecting posts or poles on the siune to sustain their wires, and other lixtures, upon first obtaining con- sent in writing of the owner of the soil, jjrovuled Jioicet'er, no posts or j)o]es shall be erected in any street of any in- corporated ciiy or town, without first obtaining from the incorporated city or town a designation of the streets in whi(;h the same shall be placed and the manner of plac- iiio- the same arid that the same shall be so located as in noway to interfei'e with the safety or convenience of persons traveling on or over the said roads and highways, and that the use of the public streets in any of the incor- porated , cities or towns of this State shall be subject to such regulations and restiictions as may be imposed by the corporate authorities of said cities or towns. 9. No subscribers to the capital stock of any company organised by virtue of this act shall in any event be re- sponsible for any amount beyond their subscriptions. 10. The foregoing sections of this act shall not ai)ply to any corporations existing or any line o)- lines in oper- ation on the fifth day of March, one tliousand eight hun- dred and fifty- three. ^ I '^''1 11. An}' telegraph coiripany cliarterecl under tlie pro- visions of any act of tliis State may connect and con- solidate with any other incorporated telegraph com- pany, whether chartered by or existing under a law of this State or any other State, and may upon such con- solidation by resolution of its board of directoi's cliange its name, which change of name shall take effect on filing a coi>y of such resolutions certified under its corporate seal in the ofBce of the Secretary of State of this State, pro7)ided that neither su(^h connection, con- solidation or change of na...o shall affect t!ie obligations or debts of said company or thi^ process for their en- forcement or lien upon its property. 12. It shall noi be lawful for any person connected with any line of telegrapii within this State wlietiier as superintendent, ojiprator or in any other capiu'ity what- soever, to use, or cause to be used, or make known, or cause to be made known tiie contents of any despatch of whatsoever nature which nuiy be sentor received over any line of telegraitli in tiiis State without the consent or direction of either the party sen(lii\g or receiving tlie same, and all despatches whi(;h may be filed at aiiy ofHce in this State for ti'ansmission to any point, shall !)e so transmitted without being made public, or their purjxtrt in any manner divulged at any intermediate point, on any pretence wliatever, and in all respects the same in- violable secrecy, safe keeping and conveyance shall be niitintained by the officers and agents employed on the sevenil telegra[)h lines in this State, in ivlation to all despatches which m;iy be sent or received as is now en- joined by the laws of the United States in reference to the ordinary mnil service, prorith'd that nothing in this act contained sh.iU be so construed as to prevent the ])ublication at any point of any despatch of a public naluie which miiy be sent by any person, or persons, with a view to general publicity. Vi. Incase any })erson, superintendent," operator, or who may in any other cai)acity be connected with any telegraph line in this State, shall use or cause to be ifcji 17-; iv the pro- t and cxm- •upli coin- ;r a law of such con- Dvs change e effect on under its t Shite of c'tu)n, con- jbligations ■ their en- coiint'cttul vlietiier as city what- l<:n()\vn, or f despatch jeivt'd over lie consent !eivinns of the act to which this is a supplement. And be it enacted. That in case of the refusal ofivny of the owners of tlie boil on :; ^ line of the route to permit the use of anv road o: hig!.nv v for the purpose of erect- ing posts or poles on the sii^.-e to sustain the wires and other Hxlures, in case where consent is necessary to be obtained, it shall be lawful for such company to present a petition to the Circuit Court of the county in which said road or highways are situate, or to the Judge thereof in vacation, setting forth the privilege or right of way, the names of the owners of the soil, if known, and if not known or non-resident of the State, that fact shall be stated, and the names of any number of owners, or any number of descriptions of the premises desired may be mentioned in one petition, whereupon the said Court shall lix the time and place for the hearing of the matter con- tained in said petition, and direct notice thereof to be 17!) Tncorpo- approved Assembly [• liny tele- i-tue of the ,ue of any il or other vntlirv)ugli pli line, for its or V'U'H the duty of iv'^ to such 1 vvli't h the r of [ilacirg OV'lP'OtiS of ill ofiMiy of :e to permit ose of erect- e wires and issary to be y to present 1 which said ;e thereof in of way, the 1, and if not act shall be ners, or any red may be I Court shall I matter con- thereof to be served on the pcison or persons or corporations inter- ested, at least six days prior to said hearing", such service to be made in the same manner as writs of summons issued out of said Court are served, orif tlieownerbe un- known or not resident in the State such notice shall be published in a newspjiper in said county for the like period or for such long^^r period as tin? Court may direct, and in case the post-office address of such non-resident owner can be ascertained, a cojiy of such notice shall be mailed to him or her, " postage prepaid," under the di- rection of said Court. At the lime mentioned for said hearing the said Court, unless good cause to the contrary appear, shall appoint three disinterested freeholders, resi- dent of said county, commissioners to assess and appraise the damages which such owner or owners may sustain by reason of the erection and establishment of such telegraph lines. Before entering upon the servic^e said commis- sioners shall severally be sworn faithfully and impartially to i)erform the duties reipiired of them, and shall, on view, make a just ai)praisal in writing of thedanuiges (if any) sustained by such owner or owners, and lile a report thereof in the office of the Clerk of said Court. If any damages are assessed the company shall pay or tender the amount of the same to th" party to whom the award is made ; if such owner be unknown or caniiot be found, they shall pay the same into the said Court. And thereupon, or if no damages are found to be sus- tained, the said company sluiU have full power to use such road or highway on the line of their route f the purpose of erecting posts or poles on the same to >tain their wire and other fixtures. Said couimissionei . shall each receive three dollars for each day's service per- formed by them, to be paid by said company. And any party aggrieved by the assessment of damages may have the matter determined by jury,pro- videdan appeal be made to the said Court within thirty days from the time of filing the report by the said commis- sioners ; and said Court shall thereupon order a trial by jui-y, to be conducted as any other case of similar trial. S IFO If the jury increase the daniu^es, the same and all costs and charges shall be paid by the c()nii)any, otherwise the costs and charges to be paid by the owner or party inter- ested, and judgment may be entered upon verdict of said jury , and execution issued thereon as in other cases, unless said company shall, within ten days after said verdict is rendered, elect toabandou their proposed route or ai)pro- priation of said road or highway by an instrument in writing to that effect,toi)e filed with the Clerk of the said Court and entered on the minutes thereof; and to so much as is thus abandoned the assessment o<' danuiges shall be void. Provided, That upon such abandonment tlie costs of all proceedings to be taxed by tlie said Conrt shall be jiaid by the company to the ojjposite party. And be it enacted. That this act shall take effect imme- diately ; aTid imnided also that all the provisions of this section shall apply to any telegraph telephone company specially incorporated. J NEW JERSEY. LA V/S OF 1880. 1 I-i 1 J!, CHAPTER CLI. A Supplement to an Act entitled, "An Act to incor- porate and regulate Telegraph Companies, approved A pvil ninth, one thousand eight liundred and seventy- five. ' SEC. 1. Be it enacted by the Senate and General Assembly of on aypiicatioi -.^^ Br.'\i«^ of New Jersey, diat whenever any telegraph coimoiitode- ,, leleplioue company organized by virtue ot tne act to Bi,?..ate in . j , j ■ .^ supplement, or by virtue of any special •TltiDg the' "^" , ,, ?-, -1 ..11- streets in-K: shall apply to tile Commou Council or Other legis- t8t 111(1 all costs tlierwise the party inter- n'dict of said cnst's, unless id verdict is iteor appro- strunient in k of tlie said .'; and to so o*' damages the costs of ourt shall be effect inilne- isionsof this me company .ct to incor- ies, approved and seven ty- Assembly of [ly telegrni)h of the act to f any special r other legis- beplaci-ilaiul manner of placinK till! same. lative body of any incorporated city or town through whioh posu ,.,... , , i" . 1 1 !• f)r pull's Hhall which It IS intended to constnut tlieir telegraph line, for a designation of the streets in which the posts or l)oles of such company may be erected, it shall be the duty of siK.'h Common Council or legislative body, to give to such company a writing designating the streets on which the posts or poles shall be placed, and the manner of phu'ing the same, subject in other respects to the provisions of the act to which this is a supplement. And be it enacted : That in case of the refusal of any skc a. ,, ., ., .ii- e.i li .On rt'fu»al of of the owners of the soil on the line of the route, to per- „^„pr„f sou mit the use of any road or highway for the purpose of to permit the , , '^ L • ^1 • 'i»e Ihereof erecting posts or poles on the same to sustain tlie wires ,]„. ,.ompnny or other fixtures, in case where consent is necessary to >"ay present be obtained, it sluill be lawful for such company to pre- crcuit eouit sent a petition to the Circuit Court of the county in which said road or liigliways are situate, or to the Judge thereof in vacation, setting forth the privilege or right of way, the names of the owners of the soil, if known, and if not known or non-resident of the State, that fact slinll be stated, and tlu' names of any numbers of owners or any number of descri[)tion3 of the premi ses desired, may be mentioned in one i)etition, where- upon the said Court shall lix the lime and place for hearing of the matter contained in said petition, and di- rect notice thereof to Ix; served on tlie jierson or j)ersons or corporations interested at least six days prior to said hearing, such service to be made in the same manner as writs of summons issued out of said Cor't are served, or if the owner be unknown or non-resident in this State, such notice shall be j^ublished in a news- paper in said county for the like period or for a longer period as the Court may direct, and in case the post office address of such non-resident owner can be ascertained, a copy of such notice shall be mailed to him or her (postage prepaid) under the direction of said Court ; at the time mentioned for said hearing, the said Court (unless good cause to the contrary appears) shall appoint three disinterested freeholders, residents of v« :f^ 183 said county, conimissloiKMs to nsst'ss iind appraise tlie damages wliioli hucIi owimt or owners may sustain by reascm of tlie erection and estaMisliment of surli tele- grapli line ; before entering upon the service, said C(;iu- missioners sliall severally be sworn faithfully and im- partially, to ])erform the' duties required of them, and shall on view, nuike a just appraisal in writing of the danuiges, if any, sustaiiu'd by such owner or owners, and file a report thereof in tin; office of the Clerk of said Court ; if any damages are assessed, the said company shall pay or tender the amount of the same to the party to whom the award is made ; if such owner be unknown or cannot be found, they shall pay the same into the said Court, and thereupon, or if no damages are found to be sustained, tlie said cjmpany shall have full power to use such road oi- highway on the line of their route, for the purpose of erecting posts or poles on the same to sustain their wires and other lixtures ; said com- missioners shall each receive three dollars foreach day's service performed by them, to be paid by said company ; and any party aggrieved by the assessment of damages, may have the matter determined by a jury, provided an appeal be made to the said Court within thirty days from the time of tiling the report by the said commis- sioners, and said Court shall thereupon order a trialby jury, to be conducted as any other case of similar trial ; if the jury increase the damages, the same, and all costs and charges shal^ be paid by the company, otherwise the costs and charges to be paid by the owner or party interested ; and judgment may be entered upon the verdict of said jury and execution issued thereon, as in other cases, unless said company shall within ten days after said verdict is rendered,elect to abandon their proposed route or appropriation of said road or highway, by an instrument in writing to that effect, to be filed with the Clerk of the said Court and entered on the minutes thereof, and as to so much as is thus abandoned, the assessment of damages shall be void • provided that upon such abandonment, the costs pviiise the ustiiin by ^ncli tel<'- said (;(-iu- ' and im- tlit'ui, and iiifr of the ir owners, Mk Of said I comi)any I the party > unknown :> into the 1 are found full power heir route, I the same said coni- each day's company ; f d:inia<,'es, )rbvided an thirty days id oonimis- r a trial by inilar trial ; same, and 1 by the to be paid fment may 1 execution ;1 company idered, elect ition of said :in<' to thit Court and much as is ?es shall be It, the costs of all proceedin'«. one office in every twcnty-hve miles traversed by its said line of tele^M-aph ; and it shall be .he duty of said railroad corporation, to receive and transmit all mes- sages tendered for transmission, upon beini,^ paid such charges as by law the siiid coiporation may charge for such service. Sec. 3. And be it enacted, That any railroad corporation Authorized t";ivailing itself of this act, shall be and hereby is author- Se andized to"charge, receive, and to collect before transmission collect lor ^^^ message of not more than ten words, twenty- transmission '^ ' " " , -1 1 . • 1 i t of me88aK.s. five ceuts ; and for each additional word, one cent; Proviso. provided, however, that said messages are intended to be transmitted only over the telegraph lines of the corfiijany to whom such messages are tendered. SKo 4. And be it enacted, That it shall be lawful for any Railroad corpo-r^jii.oji(j corporation availing itsi'lf of this act, and it is marj* Tnd hereby authorized and empowered to enter into, make, enter into,^,^^ perfect such busluess arrangements with any other with^'oTher railroad or telegraph corporation of this or of any State, railroad or j^g shall be mutually agreed upon by said corporations, companies! for the reception and transmission of messages over the *•*• telegraph lines of said railroad and telegraph corpora- tions ; and for all messages to be transmitted over the telegraph lines of other corporations, every railroad corporation availing itself of this act, to whom such messages shall be tendered, may charge, receive and 18.1 ich primary necessary to II flit' ])iil)lic se ; j)r()vi(l('(l porated city (ions of said )nal)lH r<'^'^ *''T^' 't^^o^ »-^ immediately, ami all acts and parts ol' acts inconsistent therewith, are heiehy repealed. Approved February 17, IHHI. ity of every ct, to estab- ception and nes, at least i-ersed by its duty of said niit all mes- V JERSKY. J. A WH OF KSH2. CllAl'TER CliXXll. A f./i'ther snpi)lenuMit to an act entitled " An Act to in. corporate and regulate teleoraph companies,"approv- ed April lS)th, one thousand eight hundred and seventy-five. 2. Be it enacted by the Senate and General Assenibly «^^^^^^^^ of the State of New Jersey, That any telegraph com- ,„h,u.s .nay })any incori)orated under the act to which this is a sup- j;';/,,';;.;;;;^ plement, desiring to construct its lines by means ot Kro.nuirai.i.s nnderground cables contairlng the wires, instead of restrictions poles and posts sustaining the wires, shall be subject to all restrictions and provisions concerning the use of roads, highways and streets as are provided in the act in which this is a supplement, and any supplement thereto. And be it enacted, That this act shall take effect im- mediately. Approved March 31, '82. an'l provision of act . Wi"" i&u LAWS OF NKVV YORK RKLATING TO TELK(}HAriI COMPANIES. LAWS 1848. CHAP. 20.^. An Act to provide for the Incorporation and Rej^nhi- tion of Tele<,n:ipli Conipiinies. Pnssed April I9tli, 1848. Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. Any number of persons may associate for the purpose ()f constructing a lino of wires of telegraph through this State, or from and to any point within tliis State, tipon such terms and conditions, and subjVct to the liabilities prescribed in this Act. § 2. Such persons, under their hands and seal, shall make a certificate which sliall spe(nfy : 1. The name assumed to distinguish sucl^ association and to be used in its dealings, and by whioi it may sue and be sued. 2. The general route of the line of telegraph, designa- ting the points to be connected. 8. The capital stock of sucli association, and the num- ber of shares into which the stock shall be divided. 4. The names and places of residence of the share- holders, and the number of shares he-Id by each of them respectively. 5. The period at which such association shall com- mence and terminate; which certificate shall be proved or acknowledged, and recorded in the office of the Clerk of the county, where any office of such association shall «afji.tB.. ANIES. and Rejijulii- April 12tli, presented in uate for the of telegraph t witliin tliis ubJHCt to the d seal, shall ' association »i it may sue iph, designa- iind the nnm- divided. 3f the share- eacb of tliem n shall com- ull be proved I of the Clerk ociation shall IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 If uii m ■^ liiii IIIII2 2 - lis liio 1.4 1= 1.6 Photographic Sciences Corporation ^ •>^ ,\ ^v \\ ^9> V a^ O^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ ifs CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductlons / Institut canadien de microreproductions historiques L\ r-^m^^ii^^s^m^i^^ 187 •m be establislu'd, and a copy tlu'reof filed in the office of the 8e(M'etary of the State, ^iich acknowledgment may betakenby any officer authorized tot.ike theackntjvvledg- inent of deeds of real estate, at the place wheie such acknowledgment is taken. J$ ',i. I'pon complying with the provisions of tlie 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 cei'tilicate, and a copy of said certificate duly certified by the clerk of the county where the siime is tiled and re(U)rde(l, or i)y the Secie- tai'y of State, may be used as evidencie in all courts and places for and against any such ass'x^iation. § 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 opera- tions of such association, and nuiy appoint such direc- tors, officeis and agents, and make su; h prudential rules, regulations and l)y-laws as may be necessary in the trans- action of their business, not inconsistent with the laws of this State or of the United States. § C). Such association is authorized to construct lines of telegrai)h along and upon any of the public roads and highways, or across any of the waters within tlie limits of this State, by the erection of the necessary fixtures, in('luding posts, piers, or abutments, for sustaining the cords or wires of such lines, provided the same siiali not be so constructed as to incommode the public use of said roads or highways, or injuriously interrti|)t tlie naviga- tion of said waters, nor sliall this act be so construed as to authorize the construction of any bridge across any of the waters of this State. § 6. If any person, over whose land said line sliall pass, upon which said posts, piers or abutments shall be placed, shall consiiler himself aggrieved or damaged thereby, it shall be the duty of the C(»unty Couit of the county within which said lands are, on the application of n \m 18S sncli person, and on noHre to said association (fo be served on tlie pi'esidcnt or any direcloi'), to appoint five discreet and disinterested per; )ns as coniinissionprs, who shall severally take an oath before any person authorized toadniinisteroaths, 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 ecpiitable ai)praisal of all the h)ss or damage snstained by said applicant by reason of said lines, posts, piers or abutments ; duplicate of vvhi(;h said ap])raisement 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 cor[)()ration on demand ; and in case any damage shall . be adjudged to said ai»plicant, the associaticm or corpor- ation shall pay the amount thereof with cost of said ap- praisal, said cost to be liquidated and ascertained in said award, and said commissioneis shall receive for their services two dollars for each day they are actually em- ployed in making said appraisement. §7. Any i)erson who shall uidawfully and intention- ally injure, moh'st, or destroy any of said lines, \)os\s, piers, or abutments, or the materials or property belong- ing thereto, shall, on conviction thereof, be deemed guilty of a misdeiiuninor, and be i)unished by a tine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year, or both, at the dis- cretion of the Court before which the conviction shall be had. § 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 of the nnmber of the association. §0. Any association or company now ( rganized and using Morse's telegraph, may organize as a corporation under this Act, on filing in the office of the Secretary of State, a resolution of its board of directors, signed and 180 )n (fo be )oint five iprs, who ithorized » perform shall be of them, le loss or II of said hich said li^iied bv )iie copy icr to tlie sociation lage siiall •r corpor- f said ap- ?d in said for their tally ein- ntenfion- es, ])osts, y beloiiff- deemed a tine not nt in the ; the dis- ion shall : persons, sociation, id of the nized and rporation :retary of gned and certilied by Ih'J oflicers of the company, of its desire so to organize, and ii[)on publishing notices to this efl'ect in some one ne\vspai)t'r in the City of New York, and the City of BnfTalo, and the City of All)any, three months ])revious to such organization, provided that two-lifths of the owners of the stock of said company or associa- tion do not dissent therefrom ; provided that any stock or shareholdei- in any sncii association or company may, on giving thirty days' notice to the oflicers, or any of them, of such association and company, at any time be- fore siu'h oiganization, refuse to go info such orgnniza- t\ou, and theieupon such stock or sliareholder sliall be entitled to receive from such association or comi)any the full value of his shares or stock in such association or com))any. g 10. The stockholders of every association organized in pursuance of this Act sh;dl be jointly and severally perscmally liable for the ])ayment of all debts and de- jnands against such association which shall be contracted or which shall be, or shall become due during the time of their holding such stock, but such liability of any stock- holder shall not exceed twe.ity-five per cent, in amount the amount of stock held by him, and no stockholder shall be proceeded against for the collection of any debt or demand against such association until judgment thereon shall have been obtained against the association, and an execution on such judgment shall have been returned unsatished in whole or in ])art, or unless such association shall be dissolved. § 11. It shall be the duty of the owner, or the associa- tion owning any telegraph line doing busine.ss within this State, to receive despatches from and for other telegraph lines and associations, and from and for any individual, and on payment of their usual cliarg.'s for individuals for transmitting despatches as established by the rules and regulations of such telegraph line, to transmit the same with impartiality and good faith, under the penalty of one hundn-d dollars for every neglect or refusal so to do, to be recovered with costs of suit, in the name and for the a* % n 100 bonetit of the person or persons sending or desiring to send swell despatch, provided that nothing contained in this section shall he construed to recpiire any telegi'aph coinpanj' or association to receive and transmit des])atclies from or for any other company or association, owniiig a line of telegraph i)arallei with or doing business in com- jtetition with the line over which the despatch is required to be sent. (Thus amended by Laws of IS^f), Ch. .OoO.) 5? 12. It shall likewise be the duty of ev(>ry such rwner or association to transmit all despatches in tlie order in which they are received, under the like penalty of one hundred dollars, to be recovered with cost of suit by the person or persons whose despatch is postponed out of its order, as herein i)rescribed, provided, however, that ar- I'iingenients may be made with the pro})riet()rs or pub- lishers of newspapeis for transmission for thepui-pose of publication of intelligence of general and public interest out of its regular order. NEW YORK. LA WS OF ISCiO. CHAP. 340. An Act to amend the Act, entitled, "An Act to Provide for the Incorporation and Regulation of Telegra])h Companies, passed April 12th, 1848." Passed April 10th, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 5^ I. Any person connected with imy telegraph com- 191 siiin^i^ to ained in elegraph isi)atclie.s )\viiiiiff a 5 ill ('1)111- required 0.) cli rwiier order in y of oiie lit by the [>ut of its tiiat ar- or i)ul)- irpose of ; interest 1 Provide 'elegraph seated in iph com- I pany in this Stale, either as clerk, operator, messenger, or in any otiier capacity, who shall wilfnlly divulge the contents, or the nature of the contents, of any private communication intrusted to him for transmission or de- livery, or who shall wilfully refuse or neglect to transmit or deliver the same, shall, on conviction before the court, be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the county jail or workhouse in the C()unty where such conviction shall be had, for a term not more than three months, or shall pay a fine not to exceed live hundred dollars, in the discretion of the court. NEW YORK. LAWS 1851, CHAP. 98. An Act to amend an Act, entitled, "An Act to Provide for the Incorporation and Regulation of Telegraph Companies, passed April 12th, 1848." Passed April 8th, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The directors or trustees of any telegraph com- pany formed or incorporated under the act entitled, "An Act to provide for the incorporation and regulation of telegraph companies, passed April twelfth, one thousand eight hundred and forty-eight," may at any time, with the written consent of the persons owning two-thirds of the capital stock of such company, extend their line of telegraph, or may construct branch lines to connect with iheir main line, or may unite with any other in- corporated telegrapii company. ■•! \S M? NKW YORK. LAWS is:):{. (M1A1\471. An Act loiiiiKMid iin Act, eiititlt'd, "An Act to I'lovidn for tlic huMirporatioii and UegMilation of Telegraph Companies, passed April 12Hi, JS4S." Passed June 2'M\\, lcS:)3. The People of tlie State of New York, represented in Senate and Assend)ly, do enact as follows: ^1. Any nnniber of })ersons may associate for the" purpose of owning or constructing, using and maintain- ing a line or lines of electric telegraph, whether wholly within or partly hevond the limits of this State ; or for the purpose of owning any interest in any such line or lines of electric telegraph or any grants therefor, upon such terms and conditions, and subject to the liabilities prescribed in the Act passed April 12th, 1848, entitled : " An Act to provide for the incor})oration and regiilation of telegraph companies." And such association shall, upon complying with the provisions of the said Act, become a body (sorporate, and shall have the powers and be subject to the provisions in the said Act, and in the several Acts amending the same contained, and not inconsistent herewith. And any telegraph company now owning or using any telegraph line, either wholly or partly within this State, may become a body corpo- rate, and entitled to the benefit of the provisions herein contained, on tiling in the office of the Secretary of State a certificate of a resolution adopted by a majority of its board of directors to organize under this Act, which said certificate shall contain the specifications re- quired by the said recited Act, and shall be proved or acknowledged, and recorded in the manner therein pre- scribed. inn "m > I'lovidt? elegriii)li sen ted in for tlie naintnin- >r wholly t ; or for h line or or, upon liabilities entitled : .^gnliition on shall, said Act, le powers t, and in , and not company sr wholly ly corpo- ns herein retary of majority this Act, itions re- proved or erein pre- ^2. Such association is authorized to erect and con- struct, from time to time, thf necessary lixturcs for siurh lines of telciirajih upon, over, or under any of thejiuMic roads, streets and highways, and through, across, or nndei- any of the waters within the limits of this State, sultject to the lestrictious in the said recite(l Act con- taiue(l, and also to erect and construct such fixtures u]ioii. through or over any other land sul)ject to the right of the owner or owners thereof to full (U)mpensa- tiou for the same; and if any snch association cannot agree with the owner or owuei's of iiny land taken or used by snch association for the compensation to be ])aid theiefor, it shall and may be lawful for su(di asso- ciation or such owner or owners to iipply to the county court of the county in which su(!h lands are, by petition, stating the facts in relation then^to, and after the ex- piration of twenty-omi days from the liling of such petition, and notice thereof given to suidi association, or to the owner or owners of such land, as the case may be, it shall be the duty of the said court to appoint five disinterested i)ersons to make a just and equitable assessment and ai)praisal, in the manner directed by the said recited Act, of the loss or damage, if any, which nuiy have been or is likely to be sustaiu(id by the owner or own(>rs of such lands taken or nsed as aforesaid, whilst such land shall have been or shall (Continue to be used as aforesaid. And such assessment and api)raisal shall determine the annual rent or compensation to be paid by such association for such use, or in lieu thereof a sum in gross, as the (M)mpeusation for allowing the fixtures belonging to such association permanently to continue, and the same to be repaired, improved and renewed or removed, from time to time, as such associa- tion may require. § 8. Every such company owning or using a line of electiic telegraph, partly within and partly beyond the limits of this State, shall render to the proper officer a true report of the cost to snch company of their works within this State, and the stock of such company in •I 104 amount equal to such cost or the clivMends thereof shall be subject to taxatiou in the same mauii.T and at the same rate as the stock or divi.len.ls of othrr com- panies incorporated by the laws or this State are sub- ject. 8 4 Theliability of any share or stocklu.hh'f in any con.pany or^^ani/.ed under this Act, as provided for lu the Act of which this is an amendment, shall only apply to the amount due by at.y such share or slockh..;der in such company and unpaid on or for any such share or stock. NEW YORK. LA TF-Sf OF 1855. CHAP. 559. An Act to amend an Act passed April twelfth, eighteen liundied and forty-eight, to provide for the Incor- poratiim and Regulation of Telegraph Companies. Passed April 19th, 1855. The People of the State of New York represented in Senate and Assembly, do enact as follows : Spc 1 —The eleventh section of the act passed April twelfth, eighteen hundred and forty-eight, to provide for the regulation and incorporation of telegraph companies, is amended so as to read as follows : , 8 11 It shall be the duty of the owner or the associa- tion owningany telegraph linedoing business within tins Sf.te to receive despatches from and for other Lelegraidi lines and associations and from and for any individual ; and on payment of their usual charges for individuals for 10» 3 thereof IT and at lluT coin- ! are sab- er ill iitiy led for ill Illy iipp'y ilK.Uler in 1 share or h, eigiiteen the Iiicor- paules. resented in assed April provide for companies, he associa- i within tiiis it telegraph individual ; Uvidualsfor transmitting despiifclips, as cstMblishtjd by fln' riih'saiid regiilMtii»Ms ol" such leh^grapli line, ti< transmit tiif same with imparliality and gucd fjiith, under llie pt-nally of out- hiindri'd dnilars for every negh'it or refusal so toib», to ht> r.'covert'd with costs of suit in the name and for the benefit of tlie person or peisoiis sending or desiring to semi su(!h despatcii, provided that notluiig contained in tliis section sliall bt? construed to recjuire any telegra[)li company orassociation lo receiveandtransnut despatches from and forany other company or association owinnga line of telegraph parallel with oi- doing business in coni- j)etilion with the line over wdiich the despatch is required to be sent. § 2.— This act shall take effect immediately. NEW YOllK. LA WS OF 1801. CHAP. 21."). An Act in relation to ojjerators and others in the employ of Telegraph (Jompaines in this State. Passed April 13th, 1.S61, three-fifths being present. The People of the State of New York, rei)resented in Senate and Assembly, do enact as follows : § 1. — That the operators, assistant operators, clerks, and other persons in theemi)loy of the different telegraph companies in the State of New York, and while doing duty in the offices of said companies, or along the routes of their telegraph lines, shall be exempt from militia duties and serving on juries and from any fine or penalty for neglect thereof. m 100 NKW YOIIK. L2\. TF.Sf OF 1802. (!IIAP. 42r). As A(!t fiirtlicr to anicnd llic A(^t eiititlt'd "An Act to providi' for Iht' liicorponitioii mid Ki'^niliifion ol" Tt'lo- graph Compank's," passed April twelftli, fM,^dlte('n liuiidred ami forty eight. Passed April 22, 18(52, tlnvedftliH being i)resent. The People of the State of New York, represented in Senate and Asseml)ly, do enact as follows : ^ 1.— Any telegraph company which is duly incorpor- ated nmlerand in pursuance of the act entitled," An Act to provide for the incorporation and regulation of tele- graph companie-*." passed Ajyril twelfth, eighteen hun- dred and forty eight, may construct, own, use,and main- tain any line or lines of electric telegraph not described in their original certilicateof organization, whether wholly within or wholly or partly bi-yoiid the limits of this State and may join with any other corporation or association in constructing, leasing, owning, using or maintaining such line or lines, and may own and hold any interest in any such line or lines, and may become lessees of any such line or lines, upon the terms and conditions and subject to the liabilities prescribed in said act, so far as such provisions are applicable to (he construction, using, maintaining, owning, or holding of telegraph lines or any interest therein, pursuant to the provisions of this act. § 2.— In case any com])any incorporated as before mentioned shall become the owners or lessees of, or en- , gage in the constructi(m, use, or maintenance of any line or lines of electric telegiaph not described in their original certificate of organization, or shall join with any other corporation or association in leasing, con- iVt 1 Act to ol' T.'lo- ('i,u,lit(M'n resent. iHiited in ncorpor- " An Act I of tek'- ■en Imn- 11(1 iiiiiin- cribi'd in *r wholly ;liiH State •iation in liii^ such St in iiny any such d subject as such II, usiniglit, en- tion and led April 2U:5 liled as provided in section two of this act, and such certilicate iniiy npon a lilvc notice and consent, also contain a statonii'nt of and jtrovision for any desired cliange in t lie general ronte of tiie lines of the associa- tion, designating,' the ronte or routes, and the points to be connected, and such certilicate shall be deemed and taken as part of the articles of association already tiled. § 'i.— This act shall take ellVct immediately. NEWYOKK. isented in hundred Ired and he incor- nies," is f persons ■isociation the nnm- ition, but o provide ful, after ;ie a week I', and iu led in the I'npany is leholders It of the J tliereof, i shall be such in- dl be exe- of direc- liem, and LA WS OF 1879. CHAP. 377. An Act in relation to Telegraph Companies. Passed May 27, 1879, three-iifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Skctiox 1.— It shall be the duty of the owner or the association owning any telegraph line doing business within this State, to receive despatches from and for other telegraph lines and associations, and on i)aynient of their regular ciiarges to iiulividuals, to transmit the same with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recoveied with costs of suit in the name and for the beneHt of the person or jiersons, or association sending or desiring to send such despatch. § 2.— All Acts and parts of Acts inconsistent with this Act, are hereby repealed. § 3.— This act shall take elfect immediately. 204 NEW YORK. LAWS OF 1879. CHAP. H07. An Act to provide for the laying of telegrapli \vire3 under ground. Passed May 28, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Sicc.l.— Any company or companies organized and in- corporated under the laws of this State for tiie purpose of owning, constructing, using and maintaining a line or lines of electric telegraph within this State, or partly within and partly beydud the limits of this State, are hereby auihorized, from time to time, to construct and lay lines of telegraph underground in any city, village or town within thelimitsof this State, subject toall the pi'ovisioris of law in reference to such companies not in- consistent with this act ; provided that sui-li companies shall, before laying any such line in any city, village or town of this State, first obtain from the common coun- cil of cities, the trustees of villages or i!ie commission- ers of highwiiys of towus, permission to use the streets within such city, village or town for the purpose herein set forth. § 2.— All acts and parts of acts inconsistent with the provisions of this act are hereby, so far as they contiict with this act, repealed. § 3.— This act shall take effect immediately. m NEW YORK. apli \vii'e3 sentecl in ed iind in- 5 purpose mg a line or piirtly itixte, are tract and y, village to all the ies not in- [jompanies village or ion coiin- rniiiis.sion- he streets Dse herein with the 3y conttict LA TVS OF 1881. CILVPTER 48H. An act to amend Chapter :597 of th." Laws oF 1870, en- titled "An Act to provide for the laying of tele- graph wires under ground." Passed June 1(», 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Chapter three hundred and ninety-seven of llie lawssK.. i. of eighteen hundred and seventy-nine, entitled, "An Act U) provide for the laying of telegraph wires under o-round," is hereby amended so as to read as fol- lows : Any company or companies organized and incor- sec.i. ^^^^ porated under the laws of this State for the i)urpose of ''^.'j",;,;',', owr.ing, constructing, using and maintaining a line or unde-Kn.umi lines of electric telegraph vithin this State, or i)artly within and partly beyond iiie limits of this State, are hereby authorized, from time to time, to construct and lay lines of electrical conductors under ground in any city, village or town, within the limits of this State, subject to all the provisions of law in reference to such companies not inconsistent with this act, provided that such company shall, before laying any such line in any city, village, or town of this State, first obtain from the common council of cities, the trustees of villages, or the commissioners of highways of towns, permission to use the streets within such city, village or town, for the purpose herein set forth. Nothing in this act contained shall be so constructed skc.2. as in any "way to limit, alter or affect the provisions or ^''^;^"^^J,l^ pow«a\s relating or gianted to tehdegraph companies heretofore created by special act of the legislature of this State, except in so far as to confer on any such company the right to lay electrical conductors under m 200 B !■.<■. 3. 8ec. 1. ^roiiiul ; Mild iiodiiiii;' in section hcvcii oP titlo tliree, of t'lijil)tt'r ci.ulitecii, of pill one, of the Hfvisi'd Slatiites, sliiill Ix" so coiisf iiKicd as {o Jipply to any tHl('<;i'ai)li CDnipany ln'iet()f()i(i iMcorpoiaU'd iiikUm' ii speriiil act of Hie Legislature of this State. All acts and parts of arts inconsistent with the pro- visions of this act ai<' lieiehy l'ei)ealed. This act shall take ell'ect innncdiately. NEW YORK. LA WS OF 1881. CHAPTER 597. Si:r. 1 T e 1 e K r a p li An act to provide for fixing the manner of assessing certain real estate of telegraph companies. The people of the State of New York, represented in Senate and Assembly, do enact as follows : It shall be the duty of the several telegraph com- com\mnk-.'Vopanies owning a line or lines of telegraph within this mak. return. gt;,,t;j.^ to retum iiuder the oath of its ])resident or secretary or treasurer, on or before the time required by law for the delivery of the assessment-rolls by the assessor, to the comptroller of the State, and also to the treasurer of each county in which any portion of the lines of such company is locateil (in the city of New York such return to be made to the commission- ers of taxes and assessments thereof), a statement showing the total length of such lines within each county, with the cost of cimstruction, including all equipments, or what would be the cost of reconstruc- tion thereof, on the lirst day of January preceding the date of such return, and it shall be the duty of the assessors in each assessment district in which such tliren, of Slatilles, ial act of the [iro- 207 property is located, to insert in the assessment books thereof, for tlie purpose of taxation, a« tl»e value of such property wiihin said district, such proportion of the cost of construction or reconstruction as the h'ligth of the lines of such company within such distri-t hears to the a<'gre^ate length (.f all the lines of such com- pany within the county. 'Hie treasurer of such county shall notify all town and <'ity clerks by sending to them a copy of the sworn statement received by him from any telegraph company as herein provided. This act shall take effect immediately. «''^- ' m assessing M'esented iph com- thin this sident or required s by the [ also to ortion of ! city of [imission- jtafenient thin each iding all construc- iding the y of the ich such 208 I; LAWS OK NOKTII CAROLINA. 8kc. I. Sec. '.'. Sec. 3 . An Act to Facilitate tiie (Jonstnirtioii uf 'l\!l(«^a'ai)li Lint'. (UatilitMl Miiirli IDtli, 1875.) IVii' General Afisi'inh],/ <>/' North IMro'ina do enact. That for the i)iiriM)st's of this Act the .hidi;'' of the Sii- IH-iior Court in vacation .shall have and cxcrcis." tho same power and jnris iheCierk of such Superior Court r.Mjuired to perform thesanie dutii.'s and entitled to the same fees as in oilier similar cases in the Superior Court. Such (;ierU shall not be required to attend the Court at any place other than tluM-oiirt house (»f his coiinty, hut must make all proper orders and entries, and issue all proper i)rocess, writs or notices as commanded l;y the Superior Court, whether in term, time or vacation. - That any telegraph company chartered or incor- porated hy this or any other State shall have the right to construct, maintain and operate lines of telegraph along any railroads or other public highway in the State of North Candina ; but such lines of telegraph shall be so constructed and maintained as not to obstruct or hinder the usual travel on such railroad or other highway. That such telegraph company shall have power to contract with any person or corporation, the owner of any lands or of any franchise or easement therein, over which such line of telegraph is proposed to be erected, for the right of way for planting, repairing and preser- vation of its telegraph poles or other property, and for ;1 - -MO iht' preotioM Mini orcupiilinii of odlct's !it siiilablo (lis- tiini't's for lilt' jtiililif Mci-oinmoiliUioii. That Miicli tclHt^r.'ipli ('(tmpiiny sliall Iw t>ntitlsrr, i rif^lit (»r way dvcr flic lands, juiviit'^fs ami casciin'iits of otliiT itt-rsoiis and corpoialioiis, ami tin' ri.ulit to t'l't'ct. ])oli'saii(l to t'sfahlisli offices upon making- just compt'ii- satioii tlu'i'd'or. Tliat wliciii'Vi'V siicli tflfirrapli company sliall fail ohskc .i. jiltiilication tlici'fol' to scciiit' i)y contract or a;:,rct'nii'!it such v'].-^^^ l;iTn Subaiv,s,.>n.u.Ml, v., rom;liv.^six:mas....nofs...li..nl^ , :nul .e....m fift.MMi t.) twrnlytl.ive, inclusiv.'. ....n k« Ti... ,.rn> land or n-al ."state in sai.l s.cu..ns slia 1 1 e ,,,;;;;; Uu-Uule an interest, u«e, p.ivib.ge or eanen.ent m ^'Tl'"tthe rigl.t of appeal to .!..■ Superi.T Court sl.all ,jH,„,;!;t.rthir.y .lays af,..r tin. c.>u.irn.iU....M^ .,,,.,,loftheeomu,issioners; but sueh app.nil shall not ^^ :itUri,ht.>fthepeti,i..neMotak.M-^^^^ the easement, privil.'^^^ or "se c.n.lenuuMl it th.; stini..ny, as t.. them may be sat.s- ; to V ad th^ costs of the proceeding, shall be pan i^rpJ^Uioner, unless in .he opinion of the SiU^^^^ rmirt the defendant improp.'rly relerred the i.iivile<,e, ^^ov easement denuuided, in which <-ase the costs n,us ;;:;djSd as to the C.>urt may appear equitable and ^"a11 laws and .-lauses of laws in conHict with this Act "t!;^" a!^ sh!;;i tt e.ect from and after its rutiiication. llatified the lUtli day of March, a. d. 1«7o. I: m 'm siimo to iiiatlf l)t' (M'v»'il on «• coiinly poll -ny ctiouH of ts of one lied Feb- I'll ty two, procccd- VO, til ICC, (I jst'olioii s shiiU be seme lit in Onrt sliall ioii ol' the Hliiill not ^session of tlit" (lani- 19 directed ,, when the or rij,dit of remises or ly be satis- all be paid le Superior ( privilej^e, costs must citable and til this Act ratilication. ). 211 NOinU ( AIIOLINA. /.A \ys OF IHHl. CIIAPTKU I. An Act to pimiMli injury to lelt'riii)h company doiii'' biisiiie.s.s iii tiiis State''"'''^'"'''"""'- shall, at the time and in the manner pre.scribed in the precediuf^ section, make rej)orts of the entire receipts of said company within this State and pay to the public treasurer two per centum for each three months ; and in case of default of such report and payment, the c<»m- ivnoity, pany shall i)ay a penalty of one thousand dollars, to be collected by such sheriff as the i)ublic treasurer shall designate, by distress or otherwise. m ; m - NORTH (UROLINA. LAW.^ OF 18H:1 CHAPTER 103. An Act to anu^nd the acts of one thousand eight hun- dred and eighty-one, chapter four. The General As- sembly of North Carolina do enact : ^^vXs.c.i That section one, chapter four, Acts of one thousand \"„Te.Vr''e5aht hundred and eighty-on.', he amended by inserting '7.Si'?nc.,fter the word "telegraph." in second and liiird lines, pole, I'tc, a ,11 M misdfmeaii- tli,> wOl'ds Or lelepllOUe. °'"'°'"' That this act shall be in force from and after its rnti- lication. In the General Assembly s<>veral county audit- i)i.iy..fc„utity orsbv the prin.-ipal agent of any express or telegraph ';';;'^;;' ^ Zt company, it shall be the duty of the sever.il county ma.ie. auditors, annually, on or before the lirst day of August, to report to the auditor of State the amount returned to him hy the several agents of any such company in his county, and th(! amount i)laced by such county auditor upon his tax list and duplicate against such company, which returns si.all be by the auditor of State reported to the general assembly with his annual rejmrt. II I 0. JiE VISED i[,™>- county treasurer, the amount of all taxes assessed ''.i'-'y ^r Te against such company, and in cube of the default of pay- company. m 216 fori cei County. Sec. 2843. w ment the treasurer shall proceed fo collect tii<' same, as in cases of delinquent personal property tax : Provided that wliere there is more than one such iif,'ent of the same company in one county, the agent thereof in the n mnv navPnut'ilw' <''f^> f**^^'^ ">' vlllage of sucli couutv, may as- raiitiuom suiue the paiynient of siu-ii tax, and upon so dinng, tiie '* °' ""'other ageni in the same county shall not be required to retain funds to pay the same. If the taxes assessed against any express company or telegraph company in any county in this State shall re- main due and unpaid to the treasurer of said county, for the period of twenty days after the time provided by law for the payment thereof, it shall be unlawful for any person or persons or corporation to act as agents or do or transact any business for such company so in default • to such county, ui\til said tax and interest and penalty is fully i»aid ; any pers(m or agent, manager or clerk of any corporation, who shall after such default, directly or indiiectly act as agent of or do or transact any busi- ness whatever on account of or for the benelit of such company so in deCnult, oiher than the payment of said rax, shall be held to be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than f in the may as- king, the required ipany or shall re- unty, for edbylaw for any nts or do n defanll I penalty I' clerk of , directly my hnsi- t of such t of said mor, and 1 not less . dollars, 1 and fed days, or h default ich shall efaulting of money legraphic shall for ual to the .e interest ion in the ax is as- 217 OHIO. BE VISED STATUTES ^^m. PART 11. CIVIL. Tit. II. Coi'vPOHATioNs. CHAPTER 2. Railuoad Companies. \ railroad company now existing or l^^veaftcr created^ s^^3.vo^^__^ mav maintain and operale. or construct, maintain, and ,„„ ain.ain l^.ate, a railroad, with a single or double track, with an-.o... such sidetracks, turnouts, offices, depots, n.umlhouses, m ichine shops, water tanks, telegraph lines, and other ;:;:^larv appliances, as it deems nccessaiT, bet-en the points named in the article of incorporation, commenc- ing at or within, and extending to or into, any city vil- lage town, or place nanu-d as a terminus of its road. ■■4 OHIO. JiEVISED STATUTES \m). FART II. 'P(,j, lI._CoNTINlIKl). CHAPTER 4. MACiNKTic Tklkouaimi CoMI'AMKS. A magnetic telegraph company heretof..re or hereafter sk.^34m,^^.^„ created may construct telegraph lines from point to pe.... fit \ r}\ r3 218 point, aloii.i;- and iiiMMiMiiy piil.lic n.iid. by tlie.-wtioii (.f tlie necessary fixtmes, Inclndiiiji- i-osts, i)i is and abutments, necessary Un- 111.' wires ; but the same sliall not inconuuode the publico in the use of such unul si;...ir.5. \„y such conipanv mav conslruot, own, usi- and whetlier described in its oiijiinal arti<'U's <»!' incorpora- tion or not. and whetlier such lines are wholly wirhiii or partly beyond the limits of this Stare, and may join with any other comiiany or association in conducting-, leasing, owninji-. usin.i;- or maintaining such line or lines upon such terms as may Ix' agreed upon betwe.-n the directors or managers of ih." respective compani<^s ; and such companhsmay own aiul hohl any interest in any sucli line or lines, or may become lessees of such line or lines upcm sucli terms as may be agreed upon. SK.c.3ir,«. Any such compary may ent.'r upon any land, whether Ma.v.-nteriipon j|^,],l j,y .,,1 individual or a corporation, and whether rrtXr'a.'cp.-.re.lby purchase or appropriation, or in virtue ..f any provision in its charter for the purpose of making p,reliminary examinations and surveys with a view to the location and erection of lines of magnetic telegraph, and may approi>riate so much thereof as may be deemed necessary for the erection and nuiintenanca of its tele- graph poles, iners, abutments, wires, and other neces- sary tixtures, and for stations and the right of way over siudi lands and adjacent lands sufiicieiit to enable it to construct and ivpair its lines. SK..3l.^T. No such company shall, without the consent of the ''o'n''l'uch air owner thereof in writing, enter a building or edifice, thority. or use or api)ropriate any pait t'lereof, or erect any telegraph pole, ])ier, or abutment, in any yard or in- closure within which an edifice is situate, nor in cases not provided for in sectioji three thousand four hundred and sixty-one, erect any telegraph ])ole, pier, abutment, wires, or other fixtures, so near to any edifice as to oc- casi(m injury thereto, or risk of injury, in case such pole, pier, or abutment be overthrown, nor destroy any fruit or ornamental tree; when lands sought to be ap- ^If t'lCCllOll »i IS iuitl iint> sIimII use mill I'lfoiiii)!), lU'orpoi'ii- ly witliiii may join ikIucIim.u;, (' or liiit^s WCl'M tlU! liMs ; niid ■st ill any such Hue on. , wlit'tlier whetlier virtue of )[ iiiakin<5 a view to rele^-raph, :)e (leenicd f its tele- lei" neces- r way over lable it to ■lit of the )!• eilitice, erect any ird or in- )!• in cases ir hundred al)Utnient, e as to oc- case such i\stroy any to be ap- 210 propriated for lines of magnetic tele-raph are held by a-;;^;;.- , , (.onx.ration incorporated mid.T any Imw ot this Mate, ^„ „.. whether held bv purchase, or in virtue of any appro- ^^^>^^J^ priation authoii/.e.l by its charter <.r by any hnv of this ^,„„,,„, State, the vi^^ht of tlie company to appropriate uc h lands shall be limited to such use of the same as shal „„t, in anv material .h-vee, interfere with the pra.-tica uses to which the company is authorized to put sk lands under its charter; and no such company shall erect poles, pior, abutments, wires, or other necessaiN fixtures, in such close proximity to any other line ..! .Magnetic telef-raph authorized by law to be.-onstructed as to interf.-re mecdianically with the practica. working of such telegraph. The light of such a ompany to use lands hold I'vasK.:..... ^^ railroad company for the permanent structures ot siicn ,_^„„ .^ „.„., telegraph shall be limited to the land which 1>- -. h.n j. a .n.ay live feet of the .mter limits of the right ol way <.f the i.iil- road company where it is practicable to erect a line within those limits; when the company seeks to appropriate lands that lie beyond those limits its petition must set forth the facts showing that it is impracticable to erect such line witiun said limits and designate either by a survey and map or by reference to monuments or by other means of easy identification, the place or places waere the company seeks to establish the line; the Probate Court shall in all instances determine if it be contro- verted by the railroad company, whether the erection of the line at the places designated will in any material de- gree interfere with the practical uses to which such rail- road company is authorized to put such land ; and it the Com t is satisfied that it will so interfere it shall re- iect the petition or require the structure to be erected at such other place or j.lnces as the Court shall direct ; but nothing in this chapter shall be so construed as o authorize any company to appropriate the use ot he track or rolling stock of any railroad company tor tiie purpose of transporting poles, materials or the employ- skc. ;itcn. When the Iniul lies in iiion- t )i a n on e I'oiinty. Sko. .•1(111 IIow ritjlit ti use |iulili< i;i'i>uii(l ae quiritl. Skc. UlC'.'. Must V e I' i V e niul transmit (lis|Mit c-hi's except from com p e ting lines. m 220 ees of siicli telegniph coniiKiny or for any other purpose wliivtever. rioct'ccliii^^s to ii|)i>ropri;itt' liinds to flie use of i\ cotn- paiiy iin'iiiiist ii (lt'r<'M(laiif wliosi' jiiljoiiiiiii;' or coiitimions laiul.s lii' ill more tliaii oiir coiiiity may hr iiistiiiitccl in any coiiiily in wliicii any part of said lands lie, and the (himatween the municipal authorities of the city or village and the company ; and if they cannot agree, or the munirijial authorities un- reasonably delay to enter into any a,vs. and for the omission so to do it shall l)e liable to a like pen- alty, as provided in the last seclion. When ai)plication is made to any such company tOsK, .siei send a dispatch, tlH> oflicer. a-ent, clerk, or s.M'vant np- -^ «;;;;;; pointed by the company to receive dispatches at that ,,aici., wi.e,.. statu)n shall inform the applicant, and, if recpiiivd by him. write upon the dispat(di that the line is not m workiiio- order, or that the dispatches on hand will oc- cupy the time, so that the disi)atch olfered cannot be transmitted within the time retpiired, if the fads are so; and for an omission so to do, or for intentionally giv'iiifi false informati(m to the applicant in relalion to the ti'ine within which the disi)atch olVeied may be sent, such officer, agent, ch'rk, or servant, and the company by which he is employed, shall incur the iienalty pro- vided in section thirty-four iiiindred and sixty-two. Every telegraph company, incorporate.! or "nincorpo sKr^:.iov ^ _ rated operating anv telegraph line in ihis Stau;, siiall „„t t,,i„s,„ii. transmit and deliver all dispatclu>s in the order in which t-;-,--;^: they are received for transmission or delivery, under tiie ^,^^,„ penalty of erne hundred d.dlars, as provi- t elegrppli St rue tuns may be re- moved. Stntf^ of tho United States on ]>ii1)li('. bnsiiM^ss. may have luefcience over all private luisinesfi, when the pnl)!!^ interest requires such prelereiice ; no coniiiany shall he riMluired to deliver dispatelit-s at a ^neater dislanee from the station at whieh they an- reeeived than its puhlis.ied regulations require; and if any applieant direct a dis- I)at('h to be mailed at the place of delivery, and offer to piiy the necessary postage thf .on, the c(»mpany shall atlix the necessary postage stamp, and mail the dispatch in time for the tirst mail that departs after such dis- p{it«!h is received, at the olhce of delivery, and for the omission so to do the company shall be liable to a like penalty, as i)rovi"y may apprupiial.- ad.j..iniug lauds, by a scparaf pio- cccding for that jiurposi'. if at anv tin.." after the e.v.iion of su.'h l.'l.'graph s,. .:...•,.,. lin.' on the lands of a c.i. poialion, li.e .■oipo.ati.i. ap ,...„„i,.,r in* stnuiiircseii pn'hends .langc-. o.' lisk ..f .lai.ge.', to .Is wo.'Ks ^^^^^^^ piaclical opeiations. iu coi.s..,iuenc." .d" decay oi' deb'Ct in th.' mo._^^^_ comDany oiganized to construct any line or lines ol p,,,, j,, ,,,... telephone, and every such company shall have the same pHo,. -„.. powers, and be subject to the same restr.cti.ms, as are herein prescribed for magnetic telegraph companies. n Hkc 1 2'i4 H I . * GKNEliAr. L.\ ir.V issi. /\U/A",>f,. An Act to AnuMul S.rtioii :U7(» of tlio U.-visfd Statutes. »(« it rnacted by the (K'nonil Ass^Miibly of tlie State of Ohio, that section tliree tlioiisantl four hiiiiilred and seventy.' <»f the Hevised Statutes of Oiiio, he so anieuded as to I'ead as follows: Wlicie twoor uioiv tele^;iai)h conipatil.s, whose sev- Mow',uI(Twh..i,,,..,i ij,it.(^ are not parallel or in conii»etitioM with each ;';:::;r:u':<.l'h.M-, and wIum. so unit..d ^^■\\\ rom. a continu.M.s line ay cunsnii j.^,,. ,.,.,.,.■, vin^r mid t ra usuil 1 1 iii'^" despatclies, desire toc<.n- si.lidate into a sin^de corporation, they may (h. so in the manner ami sid)ject to the rules providr.l in diapter two for the consoliihilion of radroad countanies. Said ori<,dnal section three thousand four hundred and seventy isln-rehy repealed, and this act shall tak«' elVect and be in force from and after its passage. Passed bY'bruary 4, 18S1. KM ■•uro, dale. Ski. 9. •s H A J . JiJ'J VISED STATUTFS, IHHJ^. Tit. II., CoiU'oKATioNs. CIIAPTEli IV. Tki.kou.mmi (%)M1'a.nii;s. SK.. m^ Any such con.pany may construct, own. use and roVor«oMek.-,„.,i„tjiin auy line or lims of magnetic telegrapU ;•':;,£' """whether described in its original articles of incorpora- 2'in Statutt's. lie StatH ht'd and aiiit'iidcd llOMC scv- vitli cacli loiis lint; ft' to Cltll- so ill the aptcr Iw) idivd and akf «'lVt'('t 3468. nse and telegraph incorpora- tion or not. and whellier sncii line or lines are wholly within or partly l)eyond the limits of this State, and may join with any other conipaiiy or association in eon- dueling, le:ising. owning, using or inainlaiiiiiig sneh line or lines, upon sueli terms as may be agreed upon hetwe.-n the direetors or managerrt of the resiiective companies ; and such companies may own and hold any interest in any such line or lines, or may l)e(M)me lessees of such line or lines upon such terms as may he agreed upon, but it sliall be unlawful for any such company or ii.i.wr.ii t.. companies, and the owner or owners of rights of way to ;'^";™^'^ /;;; contract for the exclusive use thereof for telegiai)hic riKhtofway. ])urp(»ses. Kvery company, incorporated or unincorporated, sk' operating a teltgrai)h line in this State, shall receive dispatches from and for other telegraph lines, and from or for any individual, and on i)ayment of its usual charges for transmitting dispatches, as (established by the rules and regulations of the comi>any, shall trans- mit the same with impartiality and good faith, under penalty of one hundred (h)llars for each case of neglect or refusal so to do, to be recovered with cost of suit, by c'vil action, in the name and for the benefit of the per- son or company sending or fr)rwarding or desiring to send or forward the dispatch. The provisions of this chajtter are extended to telephone companies by H471 of H. S., 1880. A contract between a telephone company and theowners of instruments, to the effect that in the u.se of such instruments, discrimination shall be made as between telegraph comi)anies is void as against public policy as declared by statute. State «5. Telephone Co., 30 O. S., 297. A stipulation by a telegraph company against the con- sequences of its own negligence is void. Telephone Co. vs. Griswold, 'CI O. S., 301. 220 OREGON. GENERAL LA WS OF 1843 AND 1872. -.0 BEG. 1. Sec. 2. SkC. 3. Sec. 4. Sec. 5. Sec. 6. SEC. 7. Sec. 8. t ; Sec. 9. Sec. 10. Sec. 11. s Sec. 18. Sec. 13. BeC. 14. Sec. IB. Sec. 16. Sec. 17. CHAPTER LVIII. Right to construct telegraph lines over public and private lands and highways. Not to obstruct highways or navigation ; not to be set upon private lands, unless. Damages for use of private lauds ; how ascertained, award tinal. _ Award of damages to be in writing ; sworn to and filed. Claim for damages when made. Official dispatches in time of war, etc.; transmission of ; penalty for violaticm of this section. Persons offending against sections 8. 9, 13 or 14, liable in civil action. Persons in employ of telegraph company exempt from militia and jury duty. Telegram to be deemed a writing, contract by. Notices may be given by telegraph. Telegraph copy of instrumer L may be admitted to to record. Checks and all orders for money may be drawn by telegraph ; original message to be preserved. Telegraph copy of instrument under seal of notary, effect of . . Arrest by telegraph ; order for prior to indictment. effect of. Civil process, service and return of by telegraph. Order of sending dispatches. Must be in order received. *»: l872. 227 LAWS OF PENNSYLVAMA IN RELATION TO TELEORAVll COMPANIES. B public and , not to be scertained, orn to and 'ansmission or 14, liable ny exempt by. :idmitted to 36 drawn by il of notary, indictment, egrapli. [(tKNEUAl Incoui'ohation Act of 1874. J SiccTioN 33.— The cliarter for tlie incorporation of a company to maintain a tele^napli line shall, in addition to what is hereinbefore required, also state: I. The general route of the line of telegraph. II. The points to be connected. Clause 1. Such corporation shall be authorized, when incorporated as hereinbefore provided, to construct lines of tele"-raph along and upon any of the public roads, streets, lands or highways, or across any of tlie 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 hues, but the same shall not be so constructed as to incommode the public use of said roads, streets or highways, or in- juriously interrupt the navigation of said waters ; and this act shall not be so construed as to authorize the construction of a bridge across any of the waters of this State. Clauxe 2. In all cases where the parties cannot agree upon the amount of damages claimed, or by reason of the absence or legal incapacity of the owner or owners, 228 I r A .i no such agreement can be made for the right to enter upon hinds or premises for tlie purposes named in tins section, the company shall tfMid.'r a bond, or have the same filed in the manner provided in the forty-first sec- tion of this act, and proceedings shall be had as the) jin set forth. Clause 3. The said telegraph corporation shall have the right to connect its lines of telegraph with any other line operating within this State ; and it shall be the duty of any corporation or person owning any other telegraph line doing business within this State, to per- mit such connection, and to receive despatches from and for other telegrai)h lines and corporations, and fi'om and for any individual, and on i)ayment of their usual charges to individuals for transmitting despatches as established by the rates and regulations of such tele- graph line, to transmit the same with impartiality and good faith, under penalty of one hundred dollars for every neglect or refusal so to do, to be sued ior as debts of like amount are by law recoverable, and to b(j recov- ered, with costs of suit, in the name and for the benefit of the person or persons sending or desiring to send such despatch. Clause 4. No such telegraph company shall be consol- idated with or merged in any other company owning a competing line of telegraph, nor shall the stock or bcmds of any such telegraph company, to an anunint sufficient to control the same, be held or owned by any company owning a competing line of telegrapli, nor shall any company owning a competing line acquire, by purchase or otherwise, any other competing line of telegraph. Clause 5. That the charge by all telegraph companies organized under this act, and those accepting the pro- visions thereof, for tlie transmission (.1" any telegrapliio despatch, shall include the charge for the delivery there- of, and no extra or additional charge shall be made for such delivery. 220 PENNSYLVANIA. LA WS OF 1883. No. 11. An act respecting telegiapli. telephone, electric light, and other wires and cables for electric pur- jioses. He it enacted : That whenever any wire or cable used sw. i for any telegraph, tel-phone, electric light, or other '3; ;„';^« wire or cable for electric purposes, is or shall beat- pnsmnptiou tached to, or does or shall extend upon or over any building or land, no lai)se of time whatsoever shall raise a presumption, or justify a prescription of any perpetual right to such attachment or extension. Approved the 19th day of April, ^1883. of right. PENNSYLVANIA. LAWS OF \sm— Continued. No. 78. An act to escheat to the Commonwealth the telegraph lines and property of telegraph corpo rations, associations and companies, which vio- late the provisions of the constitution, pro- hibiting the consolida;ion with or the holding of a controlling interest in the stock or bonds of a com- peting line of telegrapli, or the acquisition by i)ur- chase or otherwise of any other competing line of telegraph, jn-escribing the method by which the same may be done and regulating the proceedings there- under. Beit enacted, &c. : That whenever any telegraph cof-sbc 1. poration, telegraph association or telegraph company, °",on7ra'ni;'iu- chartered for telegraph purjioses, and owning and con- se8,'&c, 280 iim M; m compotinB trolling a teh'griiph line in this State, shall consolidate line to be for feited SKf. 3. with any other telegia])h corporation, lelcgiaph associ- tion or telegraph company, chartered for telegraph purposes and owning and c(»ntrollinga conipeting tele- graph line, the said conipeling telegr-.ph lines and all franchises and property connected therewith for the operation o( the same, within this State, shall l)e forfeited to and become the property ol this (Common- wealth. Whenever any such corporation, association or com- 'rontroiiinKp.,ny owning and controlling a line of telegraph, shall i'tocT'orhold a controlling interest in the stock or -onds of any bonds to such other telegra])h coiporation, association or com- J^S-e." '°'pany, owning a competing line of t.degraph, or shall acquire by purchase or otherwise any other competing line of telegra])!!, the stock or bonds so held and the tele- graph line together with all franchises so purchased or otherwise acquired, shall be ft)ri"eited to and become the property of the Commonwealth, SEC 8 Whenever any telegraph line, franchises, prop- How forfeiture gj-^y^ stocks, bonds become forfeited, and escheat Treed'"' **'' to the Oommou wcaltli, under the first and second sections of this act, such forfeiture and esciieat may be decreed under proceedings by qi/o ioarranto, in any Court of Common Pleas of this State, from which Appeal to su- decree any i)arty interested may appeal to the Supreme mTbe'^h".^' Court at any time within six months after such decree within six and not afterward. Provided, That any holder of stock months. ^^, bonds of any telegraph company, who shall have been opposed to the consolidation with or sale to the compet- ing company, or shall not have assented thereto, or ac- quired therein, may be admitted as a co-defendant in such quo warranto proceedings • and upon proof of such oi)position or want of assei.^ and acquiescence to the conrttomouid satisfaction of the Court, it shall be lawful for the Court decree with- j^, g(, piould the deci'ee as to be without prejudice to the rtS"""'ngbtof such innocent stockholder to hold his stock; and in case of an innocent bondholder, that he shall be entitled to such pro m/a share of the proceeds of the 2'M jnsolidate [)li jissot'i- teU'ifiapli ■ting tele- !s and all li for the shall be CominoD- n or fOMi- iiph, shall uis of any II or coni- li, (>r shall competing 11(1 the tele- rchased or jecome the 3es, prop- id escheat nd second id escheat arranto, in Prom which le Siii)reine 5uch decree ler of stock 11 have been :he com pet- re to, or ac- jfendant in [■oof of such ence to the [)r the Court udice to the his stock ; lie shall be ceeds of the snh'by Ih.'Con.m.mw.-Mllh as hereinart.'r provided, as his Ixmds shall bear to til.' whole amount outstanding; but in no case to exceed the j.ar value and accrued in- terest thereon. After a final decree of the Court establishing the for-s..' 4 ^^ ^^__^^ feiture and escheat to '^^ ^'"'^^^f ^'';.;;;;,^;!;;"; :! sri::^: in section three of this act, the Auditor-Creiu-ial shall ,^^, ,,.„„,..,, ^„ expose to sale bv public auction, at the Capitol in liar- sci. risburg, the teh^graph Hue, franchises, i)roperty stocks and bonds so es^ ^.^ated, after notice of said sale by pub- lication for f<.ur successive weeks in at least one news- paper in ea.'h county tlirough which the expected tele- graph line passes, and at said sale the said te legrapli line franchises, property, stocks and bonds sha 1 be sold to the highest and best bidder for cash. Provided, c o .....^^i n k That no such corporation, association or company, own- ,„„„^t pur- ing or operating a competing line of telegraph shal cua,e. become a purchaser at said sale ; and upon the payment of the price at which the same shall be thus sold and —... filin- with the Secretary of State of the certihcate of the ^^^^^^^_^_^^ ^^ State Treasurer that the money has been so paid, to- Bale. o-.ther with the certificate of the Auditor-General, set- dng forth the fact and terms of the sale ; a deed for thei^ecd. tele-raph line, franchises, property, stocks and bonds so sold shall be executed in the name and under the seal of the Commonwealth, to the purchaser or purchasers, signed by the Governor and attested by the Secretary of State, which deed shall vest in the purchaser or pur- chasers a valid and sufficient title thereto. The said Court shall have power to summon the offi- Jf^^^^ ^^. cers of anv such corporations, associations or companies, „ower..d to or either of them, by subpoena, citation or otherwise, as ;--;-^ the said Court shall direct, to appear before said C.mrt c.nstituuou and produce all of its or their books and papers, and to ^^,^^,^,p, examine them upon oath to ascertain whether they companies. are or any of them, have violated the twelfth section of the sixteenth article of the Constitu- tion of this Commonwealth, and shall have power to enforce this appearance by attachment, as ui case of 2:\2 U % other witnesses, or the said Court may direct to be filed a bill of discovery in the said Court, against the officers, dire(!tors or trustees of any su(^h corj)! nation, associa- tion or companies, cv eitlior of tlit^m, which the defend- ants therein shall answer, ut-ler the compulsion usual in such cases. And tlie evidence so taken and their answers may be used in the said proceedings to assert the rights of the Conimtrnwealth. Sec. 6. Tlio purclinser or purchasers for or on whose account On comi-imnce ^ telejjraijh line, franchises or property slinll be i)ur- with provis- •' . ^ ,1 i-ii"ii' ions of aot chased from the Commonwealth, as authoriZHcl by tins i.urohassre . where au organization is effected and a certiticate may be in- ' ° . i n i i corporator, filed, as required in the proviso iiereto, snail be, ana they are hereby constituted a body politic and corpor- ate, and shall be vested with all the right, title, interest, property, claim and demand in law and equity of. in, and to such telegraph line, with its appurtenances, and with all the rights, powers, immunities, privileges and franchises of said corporation, association or company owning the said telegraph line, property and franchises at and immediately before the forfeiture thereof, under sections one and two of this act ; and the person or „ . „ persons for, or on whose account any such telegraph OrftaniMition » ' ,,11 1 j 1 11 tobefffecu-dliiie, property and franchises siiall be purcliased, shall lay" a'f'tcrfn*^'^^ within thirty days after the delivery of the deed delivery of fioni the Commonwealth, public notice of such meeting ^^'^' having been given at least once a week for two weeks, in at least one news[>aper ^)ublished in the city of Har- oraoers to beiisburg. and organize said new corporation by electing elected. ^ President and a board of six DireC ors (to continue in office until the first Monday in May succeeding such meeting, when, and annually thereafter, on the said day, a like election for a President and six Directors , .shall be held, to serve for one year), and shall adopt a Name and seal . " », -ii to beadopted common seal, determine the amount of the capital stock thereof, and shall have power and authority to make and issue certificates therefor to the purchaser or pur- chasers aroresaid, to the amount of their respective interests therein, in shares of fifty dollars each ; and 233 I be filed ! officers, associa- ! defend- on usual lid their to assert ! account I be ])ur- l by this ertiticute be, and 1 corpor- interest, ty of, in, ices, and eges and company ■anchises )f, under lerson or telegraph sed, shall the deed 1 meeting 'o weeks, Y of Hur- r electing ntinue in iing such the said Directors !1 adopt a ital stock to make ir or pur- espective ach ; and orgai'izalion to I) e II I (■ (I with Sfcri'la- ry of Common wealth. may then or at any time thereafter, create and issue preferred stock, to such an amount and on such terms as they may deem necessary ; and from time to time issue bonds at a rate of interest not exceeding seven per centum, to any amount not exceeding their capital stock, and to secure the same by one or more mortgages upon the telegraph line, property and franchises, or on any part or parts thereof : Provided, that the person certificate ot or persons for, or on whose account the imichase is made, shall organize by th ) election of a President and a Board of Directors, as above provided, within three calendar months after the delivery of the deed from the Commonwealth, and within one cr^endar month after such organization make a certificate thereof, under its common seal, attested by the signature of its President, specifying the date of such organization, the corporate rame adopted, the amount of capital stock, and the names of the President and Directors, and transmit the said certificate to the Secretary of State at Harrisburg, to be filed in his office, and there remain of record ; and a certified copy of such certificate so filed shall bi'fertifle.i copy evidence of the corporate existence of said new cor- ^^^l^'^^^"^. poration. rate exist - Approved the 5th day of June, a. d. 1883. «■"=« 234 IIIIODE iSLAM) Mils no regular Iiu'orporatioii Act for telngnipli com- panies, yet has for turnpike, railroad, and nianufuctur- inji; companies. Has, however, an act setting forth provisums respect- in- corporations in general passed in \H12 (see chapter i;W, General Statutes of R. I.), stating how c(,rporatH)n8 shall be formed, their gvneral pow.-rs, &c., substantially tin. same as those of other States, but no telegraph com- pany iiicorporaticm is specially provided for. Amonr the laws for tlie punishment of crimes, there is named a penalty for " breaking or cutting telegraph poles, or wires" (see (ien. Stat. o-lT), and penalty for dis- closino- to unuuthorized perscms contents of any message (Gen. Stat.,r.48), and (Gen. Stat., ;{M-3r,r,) it is pro- vided that the right to maintain telegraph poles, wires and apparatus shall not give easement by prescription. RHODE ISLAND. LAWS OF 1880. CHAPTER 804. Amknding Ciiapteu 598 of the Public Laws of Januauy, a. d. 1860. It is enacted by the General Assembly as follows : In addition to the powers granted to the city council Scouncu Of of the city of Providence, by chapter 598 of the statutes Providence ^ ^^^ Junuary session, 18G6, the said city coun- rrtJ^iii^ay make laws, ordinances, regulations and orders ::;ut«: relative to the putting up, laying, use and maintain- I >li com- iiraciur- respect- chapter lonitions liintially pli com- es, there eh^giaph • for dis- niessaf^e is pro- es>, wires criptioii. 2:C) unceof t..l.-rapl. at.d otli.r wiros and appurfonanc'f^s ^^;:^^^^ tli.'reto lUultT and over Hh> lii«;li\vays, str.'Hts, sid»>- „„,i ..th-.r walks and huildi.i-s, witl. iIk' .•..ns,.nt ..f tl..« owners ^;--;;;;;;,- tlMMvof, witliin the city Hniils, and prescribing llie con- th..r.t... ditions tliercof ; anl>"''y und choses in action ol such company or corporation, and th.' name or names <»f the ji.'ent or olHcer of such ccmipany or corporation, sub- snibing the rel urns hereby provided to be made by section 10, and the name ov names of the persons then illlin- said olhces, and the Court siiall thereupon appoint a tinre for the hearingof the matter set forth in said peti- tion and shall cause a reasonable notice thereoi to be given to the advi'rse party, and at the time and place of the return of such notice, shall proceed summarily to hear the parties ; and if upon the hearing, the Court shall determine that the said tax is due and payabh' and has not be-n paid, the Court shall forthwith issue an ex- ecution for said tax in which the officer shall be com- manded to attach all the wires, machines, clioses in action and other property of the company or corpora- tion assessed within his precinct, and the officer pn.pei- ly charged with the service of the said execution, shall serve the said execution as commanded, and sell the 2nn of ni»*9- II thcn-- pay to »ll HllcU ins sliall [xTsoiial ilt'phoiie )t miide i'. oHict'i' (! saint', lius, nor lot paid (liif and tlif Su- litioii in tax, and ol' such 3S of tlie on, snb- inade by ons tlu'ii 11 appoint said peti- eof to be I place of inariiy to )iirt shall i> and lias e an ex- be coni- choses in r corpora- :^r proper- ion, shall sell the property si'l/ed tliercon as personal property is sold wIh'H takenon ex.M-iilion in action at law. IlllODK ISLAM). r UJiLIC STA TUTI<:^, 1H82 Contiuiml. TiTLK VIII.— Ok Towns and Town Ori ki'.ij^. (MI AFTER MB. Ok tiik Town Coincii. wires and the appnrtenancestUereot erallv all other ..rdinances. reynlations and by-laws loi the well orderin-, n.ana..in« and directing of the prn- dential alfairs and police of their respective towns, no repngnant to the constitution and laws ol this Stale oi of the United States. RHODE ISLAND. PUBLIC STATUTES, i882-Conlhme(T. TiTLK XXII.-Of IlKAL AM) PkIWONAL EsTATKS. CHAPTER 175. , Of Titlk hy Posskssiox. No enjoyment by any persons or corporations for anyg,,.,, length of time of the privilege of maintaining telegraphTcu- graph 240 poips, •tc, re- posts, wires or apparatus, in, upon or over any lands or eTec't**""" buildings of other persons or corporations, shall confer maintaining. ., legal right to the continued enjoyment of such ease- ment, or raise any presumption of a grant thereof. RHODE ISLAND. m^ PUBLIC STATUTES, ISS2- Continued. TiTLK XXV.— Of the Judiciauy. CHAPTER 200. Of Juuoks and Juries. The following persons shall be exempted from serving er80'.sand,^g^,jj.Qj.g j,,^,jjgly . ***** telegraphic operators, classes ex- •' . ., ' SEC. 8, P enipt from jury duty. * * * * * RHODE ISLAND. PUBLIC STATUTES, 1882^0ontliiued. Title XX VI.— Of Actions and Process. CHAPTER 207. Of the Service of Writs. gp,, 33 In ?M actions at law or in equity against the owners Service of pro- of telegraph and telephone lines residing out of the resident own- State, tlie leaving ot a certified copy of the process, in- •241 eluding the process of gnrnisliment by the proper ^^^J'^^^- officer, at any office of said owners, witliin tlie State, telephone witli some person there in charge, shall be deemed a ""«"• legal and sufficient service. RHODE ISLAND. PUBLIC STATUTES, 1882— Conti lined. TiTLK XXX.— Of Crimes and Punisiimknt, CHAPTER 242. Of Offknoes Against Private Property. Every nerson wlio shall surreptitiously obtain or at-SEo.39. i-(»cij I'ci i i. ,i„„,.„v^l,;,. Surreptitiously tempt to obtain the contents of any piivate telegiapliit ^^taininK, message, and pvery employee of any telegraph com- ^^^^^ pany, who shall disclose the c(mtents ->r purport of ,,^^ any private telegraphic messnge to a i)er.,on not author- ized to receive the same, shall be fined not exceeding one thousand dollars. No person shall place any telegraph or telephone |K.r.^4H.^^^ ^^^ lines or poles, or any fixtures appertaining thereto, ih..., euj^no^t upon any private property without the consent of the - pr>;»y; owners thereof. ^ "'""" No perpon shall labor upon the work of erecting or sec. 49. repairing any telegraph or telephone line bel()nging to^-pj^-^;,; nnv teleoraph or telephone company without having ...n.paniesto conspicuously attached to his dress a medal or badge ;-; on which shall be legibly inscribed the name of the owners thereof by whom he is employed, and a number by which he can be readily identified. "Every person who shall violate any of the provision.SsKc.50. of the preceding two sections shall be fined not exceed-^^tll Tt in"- twentv dollars or be imprisoned not exceeding three laat two sec. ^ O J tiong. months. -i I 242 SOUTH CAROLINA. GENERAL STATUTES, 1882. Part T. of thk Txtehnal Administhatiox ok the GOVKUNMKNT. TlTLK 111. ■ - :! ,11 CHAPTER XL Of tiik Assessment and Taxation of PnoPEirn . Ti.. rond bed ri-'-ht of way, station buildings, toll Sia.aJ^^" t.S.:^ rools. n.Lnnevy, roles, wires iix- -r rCes, ;essels and re.U estate own^ f'^ j^-jj; ^ t ! * -^ * in tlie prosecution of its business, shall rfhe purpose of this Chapter, if the ccmpany be o r nLd in this State, be treated as personal property^ Bu; t le ien for the taxes shall attach to the property ^s f t e 'me were real property, and the presulen sec^l ry, or principal accounting officer thereof shall Tc ude tl e value thereoi, in the return of the otier per- son I assets of such conipany for taxation ; which i^- rn s" 11 1 e made in the month of .lune or before the vvJ^itieth of July, annually, to the several auditors ot he unties in which such telegraph line may be situ- •Ued cording to the value of such property in each, Cetler with a statement of the amount of such assets sU.'I te in each city, town, village, or ward lu said •oun ies, respectively, and the value of the movable Z^s oi such company shall be ^^PP-^-"-^^ " ^^^ town, city, ward, or village, in proportion to the value of the telegraph line in each. OK THE >PKIIT1. tings, toll wires iix- essiu'ily ill ■uph com- ness, shall lupany be property. } property president, ireof sluill i other per- which re- be fore the lutlitors of lay be sitii- ;y in each, such assets ird in said lie movable ned to each ) the value 243 SOUTH CAROLINA. GENERAL STATUTES, 1882-- Continued. Title III. OIIAPTEIl XL Anv person or persons, company or corporations en-SKr.iao. gaged in the business of conveying to, fron), or tbrongliKxpres. ana the State or any part thereof, moneys and other companie.. personal property, shall be held to be au express com- ])any, and anv person or persons, company or cor- poration engaged iu the business of transmitting messages to, from or tbrough this State, or any part thereof, shall be held to be a telegraph company, and any such company having its principal office out of this State, sh-all annually, in the month of June or before the tNVcMith day of July, by its principal agent in this State, make out and deliver to the Comptroller (Teueral a statement under oatli, showing the value ot all Us personal property in this State, including poles, wires, batteries, machinery, materials, and apparatus, and tlie counties, cities, towns and incorporated villages, in which the same may be situate, together witli the gross earnings of said company in this State, for business done in this State for the year ending the first day of that mcmtli, and the company's proportion of receipts for business done in connection with tlie lines of other companies (Hit of this State, and which statement shall show the value of said property and re(!eii)ts in each county, town, city and incorporated village, in which such company has an agency or agencies, and from which aggregate shall be de.lucted, by any such telegraph company the expenses of tiie office in this State to which all other agencies of the company in this State are recpiired to make returns, ex- cept rents and officers' salaries ; and which statement shall also sliow the asgieffatp value ol' the property and receipts aforesaid, after making tlie deduction aforesaid, in each county, city, town and incorporated village in which such company may have an agency or agencies, and said company, by its principal agent, shall also, between the tirst of .lune and twentieth of July, annually, deliver to the auditor of each county in this State in whose county such company nn.y have an atrency or agencies, a statement of the proportion of the net value of the property and receipts aforesaid, show- inelher with the value of all otln-r property of the company in his county, and fifty per cent, thereto as penalty, and chnrge the compa.iy with taxes thereon at the several localities re- quired bv this chapter, without any deduction for ex- penses paid out by the coni])any. And if any such company sliall have no principal office or agency in this State to which the other agents in the State are required to make returns, each ag.-nt therc.f, in any county, shall make retinn in the month of .June or before the twentieth of Julv, annually, of the gross receipts of his agency for the year ending tli." lirst day of that month, with the value of all other property of th<^ company in the city, village or town in which his agency is situate, and the countv auditor shall charge such company witli taxes thereon at the same rates as other pnq^erty in the same localities, and if .such agent or agents refuse or neglect to make snch returns, the county auditor shall ascertain the amount of snch gross receipts and value of property, add tifty per cent, thereto as penalty, and char.'e such company with taxes thereon at the same rates'^charged other property, at the several localities where such property may be situate and such agencies located. All returns required to be made by telegraph cc.m-s.c..iot panies having their principal offices out of this Statt shall be made in such form as the Comptroller-General shall prescribe, and the Comptroller-General is author- ized to require answers under oath, to any questions he may put to the principal or any other agent of any ot said companies in this State, and to examine any ot such agents under oath relative to the property and affairs of sucii companies, and the management thereof, llelunis, how uiaiK' 248 which oath he may administer ; and if any such agent shall refuse to submit to such examination, or refuse or neglect to answer any such q.-MHtions, he shall be deemed guilty of contempt of the Comptroller-General, and the Comptroller-General may certify the fact to the Court of General Sessicms, and upon hearing and con- viction, such agent shall be fined by said Court in any sum not exceeding five hundred dollars and costs, and be confined in the jail of the county where tried until such fine shall be paid and answers be given to all sucli questions j^s the Comptroller General may propound to him. SOUTH CAROLINA. GENERAL STATUTES 1882. Part IV., ok Cuimks, kto. Title I.— Of Cuimks and Punisiimknts. CHAPTER CI. Ok Okkkncks against Pkoi'kkty. SKc -.534 Any person who shall wilfully or unlawfully injure, \mnto teie-(j,,„,f,„e, or destroy any[pole or wire of any telegraph, graph roles, ^^j^^^^^^^^^^.^^j. ^^^^^.^^j^. ^j^.,^^ company inlthis State, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by fine not exceeding ore hundred d'^llars. (u- imprisonment not exceeding thirty days, or both, in the discretion of the Court or a trial Justice. etc. ^■:d agent "use or all be Biieral, to the d con- in any ts, and I, until 11 such lUUtl to y injure, ■legiaph, ite, shall 1 convic- xoeeiling xceeding oui t or a •247 SOUT" CAROLINA. OIIAPTEU CV. Of Ofkkn(;ks aoainst tiik Vvamm' Phace. Of Insurrection and Rebellion. The Governor of Ihe State, when in his l^^^l^^''^^^^'^p::^r to ,,„l>,ic safety n>ay require it, is '-^"f ^ '''"'i;' ;^;^ ^ 'Z ^Z : i;:aioresaid telegraph and railroad ^^^^^^J^. „er most conducive to tl.e interest and safe y S^lvernment; U. place under -^^^-^y;;^-^^^^ officers agents and employees oelonging to the ele rnrand rai liu"s thus taken possession ot, so tl 1 h y sh be considered a part of the nnlitary es- faidi^^^^^^^^^^^^^ to all the restrictions imposed by the rules and articles ot war. SOUTH CAROLINA. OODB OF CIVIL PROCEDURE, 1881-2. Part IL— Of Civil Actions. Title f).--Manner of Commencing Civil Actions. The summons shall be served by delivering a copy "^Ttl^^ against a corporation, to the presi-s.o... 248 Bummon.,how (lent ov otlieF head of the corporation, secretary, cashier, serve.!. treasurer, a director, or managing ageiit thereof ; but such service can be made in respect to a foreign corpor- ation only wlien it lias property within this State, or the cause of action arose therein, or where such servi(!e fliall be made within this State personally, upon the presi- dent, cashier, treasurer, attorney or secretary thertof. Provided, that the service of any legal process upon any agent of any railroad, telegraph, insurance or ex- press company within the limits of this State, shall be taken and held to be a valid service upon such corpora- tions. W." '' 240 , cashier, eof ; but II corpor- te, or the vice fliall ;he piesi- tliertof. iss upon !e or ex- shall be corpora- LAWS OK TKXAS, PASorrAUS annotated digest. If any person shall intentionally break, out, pull or tear i..8m.y... residents of this lernioij, snaj ,.,„:,,„ i.nl.l- oncBi.ize.i. con.pany for .he purpose of cons rnctms, <;^' «''':'; i.ur uid working.' a li.ie or li.ies of telegraph n th s ei Htorrupou the terms and '• ^itions and subject to the liabilities prescribed ra this act. .eitin-«^^«^ -' Such persons under their hands shall make a cei till ^^^^,_,^ cate which shall specify : 1st The Corporate name of the company. 2d The general route of the principal line or lines of ^legrapl' designating the principal points to be con- nected thereby. 3d. The amount of the capital stock of the company of the number of shares into which the same shall be divided. . ■ 4th The names and places of residence of the princi- pal shareholders and the number of shares subscribed for by each. mh. The peiicl of the existence of said company not to exceed fifty years. Which cevtiHcate shall be proved Cei tillcaU* o I orKanizatlon wliiit to spe- cify. '•■-'■ . I 9m ornckiiowl.'dpMl and fili'd in tlu' «.mcy nf tlu; county CU'i-k of 111.' ('..unty in whicli oin' of tlio prinfipal oflicvs wh^rr to iM.„f said conipany sliull bn ('sial)li.sli('d, and a copy or fllml ... . .... 1 • .1 11! . ..e ll... iJ. .,.....».> i.f ..r AlwU Bko. 3. Ski . 1 I'oweni ofcdiir p»ny. dnpli.'ate thwreof lllcd in ili.' olUcf of tii.; Secivtaiy of Stat.'. C.nnpany to b.; incorpomted ; copy crtillcato to be evidence. Snch r()nii)any sliall liavo ])o\v.>r to pnrchase, take, r.'ceive, iiold, use and venil to otlieis to be nsed, any pat. 'lit or pat.'nts for teleKral.llin^^ and any and all rijijlits tlier.Minder ; to i)nrclia.stN take, receive, hold and maintain any and all ritrlits, privile<,^'s and francliises ivlatin-,^ to the busiuess ()f t.'len out of its ... order. to Bl- iegraph com- ;racts in writ- 'roviso : such 254 II TAH. LAWS OF1S78. Sei'. H8. Sec. 89. CHAPTER Y. Akuest By Whom AND HoAV Made. Any magistrate may by an indorsement under iiis liand upon a warrant of arre^r,, authorize the servit^e tht-ieof by telegraph. Every officer causing telegrapliic copies of warrants to be sent, must certify as correct. UTAH. LA WS OF 1S8 0. Sec. 8. 4:;hapter xvii. Of Compiled Laws. An Act amendatory of and supplemental to Chapter IV, Title XI, Compiled Laws of Utah, Be it enacted by the Governor and Legislative Assem- bly of the Territory of Utah. That Sec. r.31 (of the Com- piled Laws of Utah^ is hereby amended by adding tliere- to tiie foHowing ; And in ca:.e of telegraph corporations and corporations proposing to do business outside of this territory, a certified copy of said agreement and oath or aflirmalion, and of tli.» certificate of incorpora- tion provided for in section 5:{;], shall also be filed with the secretary of the territory. All other corporations may so tile their articles and certificate of incorporation, if they so elect. UE. it nnrler liis I the service f warrants to 1 to Chapter Jtah. hitive Assem- l (of the Corn- adding tliere- 1 corporations ss ontside of greement and of incorpora- be lih'd witli V corporations incorpoiation, 255 UTAH. LA WS F1880. CHAPTER XXIX. HiGinVAYS. An Act Pertaining to Highways. Every * * telegrapli * * corporation has thesKco. right of wav through the public ways and squares in any city, vi'lhige or town, with the consent of the au- thorities thereof and under reasonable regulations. m 250 LAWS OF VERMONT. GENERAL STA TUTES OF 1863. CHAPTER 88, P. 500. Skction 1. The "Troy and Canada Junction Tele- graph Company," or any other persons now or hereaf- ter to be associated together for the purpose of erecting a line of telegraphic wires for the purpose of making telegraphic communications through this State or any part thereof, may set, erect and maintain the posts and other necessary fixtures therefor, as is customary in such cases, or requisite to the proper construction, safe- ty and maintenance of such telegraph, in and along the sides of any public highway or road in this State, pro- vided that the same be done in a nuinner not to. inter- fere with the public convenience in traveling along such highway, or in duly repairing the same. Skction 2. If in any case it shall be found inconve- nient or inexpedient to erect such telegraph in a man- ner conformable to section oneof this chapter, the select- men in the town where such difficulty shall arise shall determine on application where, and in what maniver, such difficulties or obstructions shall be obviated or removed, giving notice to the parties ii interest, or their agents, and shall certify their decision and cause the Biime to be recorded in the Town Clerk's office in such town. Skction 3. If it shall be found necessary or expe- dient to erect such lin. of telegraph in and along the streets of any village, or in front of, and near the resi- dences of any persons, and su(!h persons shall deem the same to be inconvenient or objectionable, such persons may apply to the selectmen of such town, or mayor of any n 257 ion Tele- r hereaf- E erecting f making e or any posts and aniary in ion, safe- along the tate, pro- to. inter- long snch inconve- n a man- tliese1e(!t- rise shall maniver, iviated or 5t, or their cause the e in such or exi)e- aloug the ' the resi- i deem the ill persons lyorof any city, or principal officers of any incorporated village, as the case may be, who shall determine through what street or streets the same shall so i)ass, or in what man- ner, if at all, snch inconvenience or objection may be obviated so as to avoid the same \ and snch decision shtill be final, due notice being given as required in the second section of this chaj)ter. Skction 4. Whenever the selectmen or other officers as afoiesaid shall be called upon to act in pursuance of this chapter they shall be paid at the rate of one dollar each per day ; and their decision, or that of a majority of them, shall be final in the premises; and all expen- ses incurred thereby shall be paid by such persons so erecting such telegraph. Section 6. Whenever in the erection of said line of telegraph the owner or occupant of any lands or tene- ments shall have sustained, or be likely to sustain, any diimages in consequence of such erections for such line, the selectmen of the town, or mayorof any city in which snch lands or tenements shall be situated shall examine and appraise such damage, and the same shall be made, and the decision and appraisal of such selectmen or mayor shall be final, due notice being given as required in the second section of this chapter. Section 6. If any person shall in anywise wilfully or intentionally cut, break, injure, or despoil any such telegraphic wire or post, or other fixture, so erected within this State, so as to directly or indirectly interrupt or impede the transmission of intelligence by said telegraph by means of cutting, breaking, or in any manner injuring such wire, post, or fixture, as aforesaid, or by wilfully interposing any other thing or material, ordoingany act that shall hinder, divert, impede or interrupt the free passage of the galvanic fluid or influence along said line or prevent the transmission of intelligence along the same, or do any act to impair the value, safety or secur- ity of the same, each and every person so offending, or aiding and assisting in such offence, shall forfeit the sum 268 of one Imndred dollars, to be recovered by an arfion of debt founded on this chap' -r, in tlie name of Hie Stiner- intendent of such line of telegiapli for the time bein^^in any Court proper to tiy the same, for the use and beneiit of the owner or owners of sneli telegraph ; and sha'l also be liable to be tried and pnnish^^dby tine and imprison- ment, as is provided by law in other cases of malicious acts. Skotion 7. It shall be lawful for any legally incor- porated telegra])h company in this State to erect and maintain their telegrapii line, or any part thereof, along the sides of railroad tracks, within the limits of lands owned or held by any railroad corporation, license therefor being first had of such railroad corporation by vote of their board of directors, or with the consent of the Superintendent of such railroad corporation. Section 8. Such telegraph line so erected by such telegraph company, shall, notwithstanding such location, be alid remain the property of such telegrapii company, and shall not be deemed to pass by any sale, transfer, or mortgage which such railroad corporation have already made or shall hereafter make of the lands in and upon which such telegraphic line has been or shall hereafter be erected; nor shall such line be liable to attachment or levy of execution against such railroad corporation. Section 9. No enjoyment by any persons or cor- poration, for any length of time, of the privilege of having and maintaining telegraph posts, wires or ap- paratus in, upon, over, or attached to any building or lands of other persons shall be deemed to give a legal right to the continued enjoyment of such easement, or raise any presumption of a grant thereof. 1 action of the Simer- le beiiif^,in and henoiit 1 slia'l also [ iniprison- f malicious V E H MONT. REVI^KD LAWS OF \^^^K TlTLK 27. iNsllIANrK, Ti:LK(i ItAl'lI, AND OTIIKU C(»M- I'ANIKS. mllv incor- erect and reof, along its of lands on, license foration by consent of ion. d by sucli cli location, 1 company, transfer, or ive already 1 and npon 1 hereafter rach mentor oration. ons or cor- privilege of dres or ap- bnilding or give a legal isement, or CHAPTER in:}. TkLKOUAIMI and EXIMJESS COMPANIKS. Whenever any persons or Corporations are about to erect a line of telegraph or telejdione wires, in and along a highway within any town, city or incorporated village, in and along which a line of poles has already been erected by other persons or corporation for a similar purpose, the selectmen of such town, or principal officers of such city or village, shall have the right to permit, and may require the persons or corporation about to erect a* new line, to attach their wires to the poles already standing, as provided in the following section : Said selectmen or priiu;ipal officers sball ascertain as near as may be, the original cost of erei ••■g such line of poles, and shall direct such persons o'- orporation as may require to use said poles, to pay to the owners of the" line already erected a fair proportion of such expense, not to exceed one-half the estimates of original cost of construction ; and in no case shall said poles be used, until the owners of the new line shall tender to the original owners of said line of poles, tl , amount so directed by said officers. And if a pole or poles used by two or more persons or corporavions, shall be re- quired to be repaired or removed, the expense thereof shall be borne equally by the persons or corporations using the same. Said officers shall give written notice to the proprie- tors of both the old and new lines, of all their require- ments in the premises, and shall also lodge a copy of Skc. 3645. ; I* o 1 e 8 of old ' line along * * liigliway may 1)C Uhfil for wires of new line. t Skc. 3r.je. Ollleers to di- rect new lino to pay part of cost repairs. Skc. 3647. Ofllcers to give notice and lodge coi)j' , PI iii! \ m 260 said notice in the town or city Clerk's office, as the case may be. SEC. im. The proprietors of any sucli line ox poles, so required owners' right j^^ y^^ ,jg^,^^ j^jy .jjjy other persou or corporation, shall nrt 'J'errte'a'I^' take down or alter the position of auch poh'S, without tiongiwng. oijtiiining permission of all parties who may have acquired a right to use said poles, or tlie permission of the town, city or village officers aforesaid ; and any person »r corporation injured by the violation of this section, may maintain an action on the case, founded on this statute, to recover the amount of such injury. 8KC.3649. The selectmen or other officers shall receive one Majority »' dollar each a day, for their services under sections two Sel°andand three (§§. 3046, 3647) ; and the decision of a maj.n-- expenses. j^y j^f {1,^,,, ghall be tiiial. All expenses incurred, shall be paid by the jiersons or corporation erecting such new lilli [TUANSFKU MADE AVITIIOUT ExTKA ChAKOK]. SBC. 3660. Any telegraph company receiving a message, directed Transfer of jo any persou off from said company's line, shall, if roThTimlsuch person resides on the line of any other telegraph rtguiated. company, transfer such message to said other company's line, to be by them transmitted to the place of destina- ation. Provided both of said companies have an office in the same village or city in this State. No extra charge shall be made for said transfer, within the usual limits of delivering messages in said city or village, and the company receiving the same shall make no extra charge for any additional date, construed by them to be neces- sary because of said transfer. s^;c. w.i. Any operator or employee of any telegraph company vcnaity ' or ^.^,f^ging or neglecting to comply with the provisions of violating 3660 ^j^,^ act (§§ 3660, 3661), shall be subject to a fine of nob less than five dollars nor more than one hundred dol- lars. s the case I required , shall nrt s, without may have mission of ; and any on of this ?, founded injury, iceive one ctions two >f a niajor- irred, sluill f5 such new MiGE]. ;e, directed ne, shall, if r telegraph ■company's of destina- office in the ixtra charge isual limits ige, and the ixtra charge to be neces- ill company provisions of tine of not mndred dol- 961 Taxation of Tklkouapii Cojipaniks. Tlie secretiirv, trt'Jisurer, superiutendcMit, manager orsicMM. * ,,. o 1 . 1 1 1 • (irons receipts other proper ofhcer of each telegraph company doing ,„ t,,,« Bt^te business in this State, shall within the Mrst ten days of taxeii, return , , T f ii i. penalty for July of each year, make otit and deliver to the treasurer not making, of the State, a statement in writing, under oath, signed by siu'h officers, of the gross amount of receipts for tel- egraph messages, at each of its offices, or places of doing business, and there is assessed upon each of said com- panies a special tax of two per cent, of the gross amount of all such receipts for telegraphic messages paid to it during the year xn-eceding the Hist day of July of each year, to be paid annually by said company to the State treasurer, on or before the first day of August of each of said years; which sum shall be in lieu of all other taxes upon its lines and personal estate used exclu- sively in telegraphic business in this State ; but when any such company shall fail to make the said returns to the State treasurer, on or before the day named in this section for so doing, the said company shall forfeit and pay to the State in lieu of said tax, the sum of five thousand dollars and cost of suit, to be recovered in an action of debt in the name of the State against such tel- egraph company, in the County Court in any county in this State through which its line passes. VERMONT. P UBLIC ACTS OF 1882. No. 74. An Act fixing the Compensation to be allowed Tele- graph Companies for the use of their Poles for the support of Telephone Lines. It is hereby enacted by the General Assembly of the State of Vermont : Persons desiring to attach a telephone line to the sec. i. i 202 Parties maypoles nmintaliKMl bv a teU-rnpl. (-..inpany, may apply petitionoouM J . ,„.titi()n ln wiitiii^s to tlie ('ouiity Ooiiit ol the Ifr^cr c-;,unty i,, -inch <).• partly in which the lii.'S c,f i.olcs to ,nisBiom™,^^.,^j^li jj jj^ desired to attach such wires is situated, stat- moimi'tfin. that they wish to attach a line of wires to .sn-'h petilioiu'rH. ] oles. make be '-■■ Vlie Court so petitioned to shall appoint niterested persons, as commissioners, who shall iniination and determine whetlu-r such line can < ;ehed without injury to tlie company owninj' the pok's, :; ■ if they are of opinion tliar they can be so attached, shall , o report to the Court, and shall also re- port, what, in their opinion, would be a fair annual compensation to be paid l)y the persons desirin- to at- tach such telephone lines for the use of such poles. The Court may establish sncli rei)()rt, ov they may re- ject the same and appoint new commissioners to re-ex- amine and report. If a report is finally established, recommending that the telegraph company allow the use of its poles for a compensation specitied in such report, such company ahull so allow the use of their poles on tender of such compensation, and if they hinder or obstruct persons so authorized to attach their lines thereto, u.ay be pro- . ceeded against by the Court establishing the report as for contempt. The petition with a citation for thai purpose, shall be mition, how served on such telegraph company at least twenty days '"■■"■'• before the sitting of the Court, to which audi petition is preferred. , • « Such telephone wires when affixed to the poles of a i,utie!'of peti- telegraph company, under the provisions of the preced- tioneron .xf-.^^^^ gectiou, sluiU 1)6 put up ill sucli a nuuiner as not to fl..u.g Wires. .^ =^^.j^^.^ ^^.^j^ ^j^.^^ .^ij.^.^^^^, .^fiixed to sucli poles. This act shall take effect from its passage. Sec. 4. To take effect. Approved November 29, 1882. ly apply t of the ; poles t(> led, stJVt- to sueh appoint vlio sliall I line can y ()\viiin«f can be so II also re- ir annual •iiii;- to at- ich poles. y may re- ;! to re-ex- dinf; that oles for a company V of such persons so y be pro- report as ie, shall be k'enty days petition is poles of a the preced- • as not to loles. VKKMOXT. PUliLKI ACTS OF ISSi-CoiUinucd. NO. 75. An Act relating to Tele«»ti o»' ii<>ti<'t^ ^J" ii"y telfgiapli ('!• ti'leplione pole, slmll [;,;«;';•« j.f<)rfeit live dollars to the villiige or city in which such or^^uphono jj^jg irt situated. SKc 4. Justices of the peace shall have jurisdiction of ail JurisJiotlon of jj j,„^,yj. ^,,5^ .^^,J J\ititice8 . Approved November 2S), 18H2. 2nr) LAWS OF VIHUINIA. VODh] 1S7M. CllAPTKUOr). The inventors of any system of telosraph or their a8si<,fns, njuin producing i»ro()f of such invention or assignment to the Hoiird (»f I'ublic Woil liaiismissioM to ll.em For pul.liration of int."lli^'.-n',v of K-m-ml iin.l puMu' iiir«'r«'.st, out of its rt'^iiliir (.nlt-r. It shall be tlio (liitv of rvory t.^U'^niipli rompatiy, upon ll.o arrival of a .lispatcii at the point to which H' i« l„ |„.transn.itt.Mlbvsai.lco.npany, todelivent promptly t„ the person to whom it is mbhvss.Ml, wlu-n the n-uuhi- tiuns of th.M-ompnny require such clclivery, ortolorward it promptly as directed when the same is to be pre- sented. . , Kor every failure to deliver or forward a dispateli as promptly as practieable, the company shall Toifeit one hundred dollars to the person sendinj,' the dispatcii, or t,. Ih.' person to whom it was addressed, and shall, more- over, be liable to an action for damages by any party lljiglieved Kvery person, llrm, association or company doing the business of telegraphing for th.' public,shall be liable as a telegraph company to the provision of this act. The 1^'gislatiire reserves the power of amending, altering or repealing the act passed the twenty-ninth of March, eighteen hundred and forty-seven, to facihtate the construction of an electric telegraph on the Great Northern and Southern Mall Houte, or of altering or modifying any rights or privileges acquired under this chapter, or under the forty-second section of the sixty- lirst chapter. The proprietors of each line of teh'g.ai)h in tins State shall annually, on or before the first of October, nrake a report to the Board of Public Works lor the year ending the next preceding thirth-th day ot Sep- tend)er, showing, in such way as the Hoard may pre- scribe, the amount of capital invested withm this State on their line, how much thereof was received by the patentees or inventors, and how much is held by others ; the amount per share of the stock, the expenses ol con- struction and uuuntaining the line, the gross and net profits to such line, and the regulations adopted to en- 907 U'tdis Ol- io tlicin )mi>ii!iy, licli it is iroiiiptly ( IVUlllil- 1 forwMicl be i»rH- i|)!ilch US ifeit out' )iitcli, or ill, tuoro- ly i)aity loiii^ the liable as t. mending, '-ninth of faeilitate tlie Great Iteriiig or jider tliis the sixty - h in tin's October, ks for the ly of Sep- niay pre- this State ed by the l)y others ; ;es of con- ss and net )ted to en- sure the faithful disehiML'*' of tlw duties of tlio snid pro- pii.'tors. If ili.'v fiiil In niiiU*' such repni-f th.'v shall forfeit live huiidivd dolhiis, iiud the like foifcitui.- shall be incune.l fi.r eiich .succeed in;;- month that siudi fnilure hIuiII continue. Kver\' telei^qaph comiiiiny doini? business in this StJile nhiill. on or before the lii.st (liiy (.f Februiiry of each ye:ir, make report, veritied by lli« th "f the chief ollicel' resident in the Stiite, to the Auditor of Public Accounts, of the gross and net eiiruings (d" such com- l):iny within the \\\ 've months next iireceding such report, on nil business conducted, ciuiied on, or per- formed by su(di compMiiy within the Si;ile. Smdi com- psmy shall also report on o;iih, on or bebuc the Hist day of bVbruary, the value of mII real uiid personal projjeity owned by said compiiny witliin the Stiite. Kvc ry mndi compiiny sliall b<' the collecUu' for the Stiite of the tuxes whiidi may be imposef Virginia, duly elected and quali- iied ; that he is author; d by the laws of this State to make and sign such copies of Acts, and that to all his official acts, full faith, credit, and authority are due and ought to be given. In testimony whereof, I have hereunto set my hand as Governor, and caused the Great Seal of the State to be affixed. Done at the City of Richmond, this fourteenth day of February, A. D. 1880, and in the one hundred and fourth year of the Com- monwealth. ■ FUED. W. M. Hollidav, ■^ Governor. By the Governor. T. T. Faunteliioy, Sec'y Gom. and Keeper of the Seals. Tlie : : Groat St'iil: : of the : ; 8tatc of ; : Virginia, VIRGINIA. ACTS OF ASSEMBLY, 1881-82. CHAPTER 162. Bkc. 1. An Act to tax telegraph companies for county and school purposes. Be it enacted by the General Assembly, that it shall 271 lUGINIA. [NIA. Joninion 11, whose ;, bearing as at the jiites and lul qiiali- i State to to all his r are due my hand 'at Seal of t the City ;i day of the one the Com- be lawful, and authority is hereby given to the super- HoaM.fBup.r- visors of a county, to levy a tax on the real and per- rized to tux sonal property of telegraph\-<)mi.anies, whose lines pass \;;^^^^ tlirousrii such counties. Sued tax shall be the same as c.mnty pur- that imposed upon other pvop^T* v for county and school i'"^""- purposes, and based upon certified extiacts, which the aiulitor of public accounts is hereby directed to furnish to the supervi.-sors of the counties severally interested, from the leports and assessments of the property of telegraph companies on file in his office. All acts and parts of acts in conflict with this act aresE.-.a. h reby repealed. This act shall be in force from its passage. Skc. 3. Commence- meiit lAV, ovemor. and school hat it shall WASHINGTON. CODE AND APPENDIX, 1S81. Si('. 8312. Sec;. '.'3«3. Sec. 23tt. 8bO. 2315. Skc. 2.')16. SkC. 8:)47. SkC. 23>8 Sec. SiJia. Sec. 2350. SKC. 2.351. Skc. ZISS. Sec. 2.353. 8eC. 2.354. Se(^ 2355. See. 3256. Sec. 2.357. Sec. ;il58. Sec. 2360. Sec. 2861. CHAPTER CLXXVI. Telkguaimiic Messaoks. Divulging telegram or altering same proviso, i>uniali- able. . Sending or delivering false or forged message, with intent to deceive, pnnishable. Using information fraudulently obtained, a miiivie- meanor. Yov neglecting or refusing to transmit or deliver mes- sage. Penalty fur other than telegraph employees oponnig sealed letters. Penalty for clandestinely obtaining purport of tues- sage. Bribery of agent or employee of telegraph C( nipany, punishable. Penalty for malicious destruction of poles, '■',!- :s, in- sulators, &c., or delaying messages. In addition to penalties, action for damages given. Employees exeu.pt fiv . military and jury service. Contracts by teleg- .ii>ii dormied to be in writing. Notices by telegrapii, il" lo.^ved, deemed actual no- tice. , -H Powers of attorney may be sent by telegraph with full force and effect to be of inima facie evidence and may be admitted to record. Of checks, due bills, notes, «&c., drawn by telegraph. Of writing under seal and acknowledged. Warrant, &c., for arrest of criminals. Of service by in civil suits and proceedings. Stamp, seal or device of company in this Territory, may be tiled with secretary, and become sole property of the company. Order of transmission of dispatches, in the order re- ceived. m^ LAWS OK WKST VIHUINIA. CODIS 1808. puriiah- re, with miiivie- vev mes- opojuug of >!ies- iinpany, ,'U't;;s, i!i- fiveii. rvice. >ig- ctual 110- iph with ence and legraph. rerritory, property order re- ClI AFTER 34. Or Insurance, Tklixjkapii and Expukss Companiks. * * * 7. Every ** telegraph * company doing business in tliis State or the agent or agents thereof shall .st'iiii-an- nually make re.turns to the Auditor as follows : Pro- vided, That where there are several agents, of any such company in this State, the returns may be made by any one of them on behalf of all. * * * 9. If the returns be made on behalf of a telegraph company they shall show the gross receipts of all dis- patches or messages sent and received by such company within this State,duriiig the period to which such returns ^•«'''t^- * * * 11. The said returns shnll be made within twenty-one days after the tirst day of February and August in every year, and sliall include the business of the six months preceiling the lirst day of February or Ar ist, and any business omitted in a former period The amount only m:iy be stated iu the returns witlb r the particulars, unless a more specific rettiru be reqiiiivd by the Auditor. The returns so made shall be verified by the affidavit of the officer or agent making the siune. 13. At the time of making such returns by uy * * * telegraph * company, the officer or ag.nt making the same nIkiU pay into the Treasury of the State a tax of four per cent, on tlie gross amount of the receipis for dispatches and messages stated in the said return. 15. Every ''' '^^ telegraph * company doing busi- ly, in i 274 npss in this State shall by power of attorney duly ae- toZlg a ana authentieated and filed by the con.rany in the oflie of the Anditcr, appoint some person resu.- in< n this State to accept service <.f process and nctices i"A is S ate for the said company -, and by the same in- sr me" shall declare its co.^sent that servu-e of any ! oce or notice in this State on tl.e saul at orney or h r^eptance of service endorsed thereon shall Lave he ame effect as service thereof npon the company, and themft.r snch acceptance by the said atto ney or ser- vice upon l.im, shall be ecpdvalent for all purposes to service on his principal. >/: * '^• U-. As lon<^ as any liability of the company in tins State mn ns nnsatisHed no revocation of any such poveio attorney shall be of any effect, nut. after a lkeno^ver lo some „ther person res.d.ng m this State nsbe t^^Uby thes.id<^^^^^^^ the ofh<. of lie a' d tor and when any .uch attorney dies or res.gns, the ^ In • sl>allmnnediately n.ake a -- appoin^ne ^l nie the evidence thereof ns nforesud untd all its liabilities in this Slate are dischari^ed. WEST VIRUIMA. ACTS OF 1881. CHAPTER 17. TkleotvAPH Lines, etc. AnArttoamendclmpter54ofthe Code of Wast^^^^^^^ Sin-a and to repeal chapter 08 of the Acts of 1872-3. Any railroad conn.any organized under this chapter SEr.69. ^''^i^l .-, ... * erect and operate a telegraph line May orert amlniay . . .„,.l „„,! nnprnttttlie lay orect ami niay .. l ,,n<1 (»nt»l'rttp the operate t..- ' ,,ith the right to use, coutrol and opeiate graph liiiea. ^" ' ' 275 duly ac- company liou resid- id lutices 3 same in - ioe of any ■torncy or diall liave pany, and iiey or ser- urposes to same along rl.e line of tl.eir said road and brandies and .-oiinecting with any of their said works, offices and improvements. WEST VIRGINIV. ACTS OF 1882. (UIAPTKU 8.5. my in this any such ntil after a II this State face of the resigns, the ppointuieiit \intil ail its ,f WestVir- sof 1872-3. this chapter elegraph line 1 operate the I)o!iiost!C inau- raiiec ti'lo- trrapli or fx- press t'oin- pnny Jefliiwl' An Act to amend and re-enact chapter 34 of the Code of West Virginia, concerning insurance, telegraph and express companies. Everv insura.u-e, t-legraph or expre-s company hav- s..j.i in.rjisVviuHpal plaee of l.usi.i.>ss in this State, and in- corporated bv an act of the General Assembly ol \ ir- oinia, pass.Hl* before the twentieth day of .lune, one Hiousand eight hundred aiul sixty-three, or hereteb.re or hereafter incorporated under and pursmmt to any act of the Legislature of this State, shall be deemed a domestic company, and every other insurance, tele- .rraph or express company, a foreign company. "The property of all domestic telegraph «^n>paniessKac.^^^ shall be assessed for taxation as other prope.ty in this hown.ad..o| ^tate I5ut the stod^, or iicUes of sucli companies shall 5^,;-t.ain^o- not be assessed; nor shall such notes or any part of^^.-;-^ ^^ them be considered apart of the indebtedness ot the tostocknotes makers thereof in listing their property for taxation. Every foreign telegraph company doing business jnsKa^^^^^^^^^ th'w State or the agent or agents thereof, shall annually foreisn com- make returns to tlie auditor as follows: Provided that ;;-■««••- where there are several agents of any such company in makcammai- this State, the returns may be made by any one of tliem >y to auditor. in behalf of all. If the returns be made on behalf of a telegraph com- skc b. i I V m mt coinvony- . .........!;"-:^i:,«^s sent .„a v.;ceiv..a .;y -''^--SIT or messaKesseniium ...^.c...- -v . , ,„ „,,:,,i, ,,,,.i, ,e. »ithii. this State, auiiiig tlie peno.l to whidi sucl. ""n,Vti,rret,n„s sl.all W .,a.le .ithin twenty...,,.. S:„".,.„ .. aa ,f tl,o Ihs. a:,y "f F..'>.',a,y i" eve,.y yea,- a,,.l ,„n,..,»n,..^»>»' , , (1,^ ,,„„i„es» or tlie twelve moat l,s pie- ''-'''r':?;t;"\:;'M.'™::n;rwun,,,:t^,e;;;:Miia,i; The returns so inade sluill De veuneu 3 the officer or agent making the same. U .hall be the duty of the an. .r 0^^^^^ what to in 'iluile. How stated How vfrifii'd- It shall De cue amy ul ...>. "-" - —""vision, or t.,i. ci,apte,. >'>^':,:;:rtr'^.:^J^^. BkC. 12. )utieB < tor us to this chapter. V S onS Ot tmS CUaptei tw ..., . r ,..»« nn,l vpcru- „ay, t,-o,„ ,in,e to ,in,e, 1--"'' '^ ^i tiltl^ t:^ oT ::sra:es"" r;:r::n,it ., ,.,« a„,mor every >'^^";' ,f , i^^.^^" ^^t district as are r.^quired business Avithin lus cissehsiiicui. to make returns as aforesaid. foreign At the time of malung such return by an> toreign se. i. At tne mn- "fK,.^.,. or a-ent making the Taxt.. b. paid J ,(,,,,.., pii comiiany, tlie oth( ei ''\/\f " „ by su.h com- '''"'" \ „ „.,„ hifn tiip treasurv ol tlie State ,esa,a, who !.nai,ia"i' ;„ton,.ke,et"'"<" paj,»e'" „,„,„ ,.„,,,,.„ shiill fol' eit not less "Z- return. or knowin^ly,nalle a false ,etu,n, sii.ui or pay tax. 277 piitclies )mpaiiy m-M re- iity-one 3a r, and ths pn^- uul any mt only tit-nlars, auditor, idavit of the pro- ;, and he md res;u- , shall be e auditor )ruary in nts doing required ly foreign \king the ! a tax of Xneniiuujs tches and shall be in ying such e of which f company eceipt, the ! cortiticate ei , so long I to make ail to do so leit not less than one hundred n(;r more than one thousand dollars for everv su<'h oirenst>. Every foreign lelegiai.h company doing '"'^''"'^^ "'';^^,^;,, „„, this State shall, bv powers of attorney, duly acknowl- f,„.,..^,„ ..,„„. edged and authenticated an.lliled by the company in .;-;-•;; 'M'; the office of the auditor, appoint some person residing t„,,„.y i„ fact in this State to accept service of process and notices in ;;;^';.;;;^^ this State for the said company ; and by the same in- ^j,,., „t ^„^. strument shall declare its consent that service of any ce«B.etc. process or notice in this State on the said attorney or liis accei)tance of service thtsreof upon the company, and thereafter such accej)tance by the sai'l attorney or service upon him shall be equivalent lor all purposes to service upon his principal. ^^^^^ As long as any liability of the company in this State „;;^^. ,^,;,^, ^„,.^ remains unsatislied no revocation of any such powers of im.ww- .,. at. attorney shall be of any elfect until after a like power ;;;^ j;;;;';; to some other pers(m residing in this State has been iv. filed by the said company in the office of the auditor. And when any such attorney dies or resigns the com- pany shall immediately make a new ai)pointment and tile the evidence thereof as aforesaid until all its liabili- ties in this State are discharged. A co])y of any such jjower of attorney certified by thesKo.^17^^ ^^^^ auditor 'under his hand shall be received in all Courts '''Jf'°,P°„';;,^' and places as prima facie evidence of the execution and j^" J'^'.^>^_^'|.««'' contents of such instrument. The auditor may de- p^.^; ^^ auditor mand for such copy from the person applying therefor forjopy of a fee at the rate of fifteen cents for every hundred words. All acts and parts of acts coming within the l'^^"^'^^^'"^°"^.^'^'j"j' of this act and inconsistent therewith are hereby re- ««^"*''^r'="e • pealed. Approved March 24, 1882. [Note by the Clerk of the House of Delegates.] The foregoing act takes effect at the expiration of ninety days after its passage. y]' 27H LAWS OF WISCONSIN. ClIAPTKR 185. p. 1076. SKCTioN 4r,r,8. Any pev.son who shall, by any .levirn „u. whatsoever, procure or ati .npt to proeu e fn.manv officer or other person connecte.! w.th or in the ness or n.ana.en.ent of any telegraph company t a "u.tin« business within this State, any knowle.lge ot ; con n^s or substance of any telegraph message or des, a h not addressed to hin.self or to which he ,s no Sle a or who shall without lawful authority, a.nper ^^:^v. with, use, or in any manner intentu.nally sb or interrupt any telegraph wires or hues ol any sua" telegraph company, or who shall without the c.n- sntoTsuch company send or atten.pt to send any n.es- 'nt or despatch over said wires or lines, ,n any n.anner vl^te er, or shall intercept, interrupt, or disturb any lesatch passing upon any such wires or lines, shall be nunshei by iinprisonment in the county jail not n.ore C one ye'ar, ol by tine not exceeding one thousand dollars. SKC 45.59. Any person having the right so to ao, who sliall remove or change any building or other struc^ U e o any timber, sta.iding or fallen, to which any Xn Pl^ 1 nes or wires are in any manner attached, or c^use t le same to be done, which shall destroy distu b, or njure the wires, poles or other property of any tele- ° -aph con.pany transacting business in this State, w ti- nt first chiving tr such company at its ofiice nearest to such pFace of injury at least twenty-four hours previ- ,' device )r()(nire, >i- ill tlie inpiiny, ledge of ssMge or I.' is not , tiimper itionally s ol" liny the eon- ;iny ines- j nuinner turb any , shall be not more thousand so to do, lievstruc- hich any a died, or , disturb, ' any tele- ate, with- ;e nearest urs i^revi- y75> ousnolicetlierei.r. shall !..■ p""'^'"''' '^^' i'lil-nsnunieiit in the coimty jail nnt nicn- ihaii thirty (hiys, or by line not i'xceedini;' lil'lv' ilollars. Sk<\ i77H. Any eor|>niali<>ii rornifd under this chapter lu build and operate lele-raph lines or .•..ndnei the business of teleKnipliin.i? may (-(.nstruet and maintain any sueli lines, with al. necessary appurtenances from point to point, np..n or ah.ng or acioss any public road, hiuhway ..r bridf^e, or any stream or body of - ' upon thr land of any owner consenluiK the, ,o, and fi(»m time to time extend the same at pleas- ure ; and may connec t and operate its lines with Ihe lines of anv person, company, or corporation without this State'- and clK-rge reasonable tolls for the transmission and delivery of inessaues. Uut no such telegraph line or any api»Inlenance thereto shall at any lime obstruct or incommode th.' public iis(> of any n.ad, highway, brid-v, stream, or body of water. When.-vr the use ol any'snch line shall be abandoned or discontinued, the proper corpora tirm shall forthwith take down ami re- move all wires, posts or oth.-r arth'les ; and on failure for three im.nths after such abandonment or discontinu- ance so to do,anv person owning land near, over or upon which smdi line shall pass may take down and remove the same or any part thereof for his own use. WISCONSIN. LA W8 OF 1881. CHAPTEll 102. An Act to amend Section 45.')8 of the Revised Statutes, entitled Telegraphs. The People of the State of Wisconsin, represented m Senate and Assembly, do enact as follows : _._ii^ i 280 Section four (liousand live linixhed imd llfty-eif^ht, of the Revisevl Stiitutes, is hereby jimeiKh'il m us to read as follows : H«c.>. Skc. innH. Anv iMTHon who shall hy any device or ^;«\niui'..t'ry'">*^'>»« whatever, procure or attenij.t to procure, from o I.I ai 111 UK any officer or other person connected with or in the teT«r.un"'l)n8iness or inanaKt'inent o[ any tel.-,aph company .iiKturbiiiKt,..^„j,.,,.(ii,g business within this State, any knowled^'e wire..eto. ^^^ jj^^ contents or substance of any telegraph messa^M- or dispatch not addressed to himself, or to whicli h'J is not entitled, or who shall without lawful authority tamper or interfere with the use, or in any manner in- tionally, carelessly or nef,digently, disturb or Interrupt any telegraph wires or lines of any such telegraph com- pany, or who shall intentionally, carelessly or negligently fell any tree or timber, so as to break, destroy or injure any such telegraph wires, without first giving twenty- four hours notice of his intention to do so, to some ag.'nt of the company at its nearest office, or to some agent of a railroad company at its nearest office, in case such wires are constructed along any railroad ; or who shall without the consent of such company, send or attempt to send any message or despatch over said wires or lines in any manner whatever, or shall ii.rercept, inter- rupt or disturb any despatch passing Uj)on any such wires or lines, shall be ])unished by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars. This act shall take efTecl and be in force from and after its passage and publication. Approved March 23, 1881, Published March 24, 1881. i'i IMAGE EVALUATION TEST TARGET (MT-S) / O 1.0 I.I 1.25 ■^ 1^ 12.2 1^ 1^ IIIIIM 1.4 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4 •1>' f\ (v :\ \ Cv i/* #5 ^ ^, 4^ ///// ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproducticns / Institut Canadian de microreproductions historiques 281 WISCONSIN. LA rr>s' OF 1882. CHAPTER 19G. An Act reliitiiifi; to telephone companies, and to regulate the use and rental of telephones in this State. The People of the State of Wisconsin represented in Senate and Assembly do enact as follows : It shall be the duty of every telephone company, orsK.. i. -^ . T • .^ 1 1 • f Hentnl of tcle- person, firm or corporation, engaged in the business ol p,^„„g„ leasing telephones to the public, or supplying the public with telephones and telephone service, or opera- ting a telephone exclu.nge, to receive and transmit without discrimination, messages from and for any other company, person or persons, upon fender oi payment of the usual or customary charges therefor ; and upon payment or tender of the usual or customary charges therefor, or usual or customary rental sum, it shall be the duty of every telephone company, or persons, firm or corporation, engaged in the business of leasing telephones to the public, or supplying the public with telephones and telephonic service, or oper- ating a telephone exchange, to furnish vvithout unreas- onable delay, without discrimination, and without any further or additional charge to the person or firm or corporation applying for the same, including all tele- graph companies, a tt.'lephone or telephones v;ith all the proper or necessary fixtures, as well as connectit)n with the central office or telephone exchange if desired, and shall connect the telephone of such person, firm or corporation, with the telephone of any other person, firm or corporation having a connection with the same, or a connecting exchange or centtal offic-e ; whenever required so to do without regard to the chaia(!ter of the messages to be transmitted, provided they are not ob- JJi os'J Sbi'. 2. scene or profane; ami every I "rson or corporation nef^lectino- or relusing to comply witli any of tlie j.rovisions of this act. sliall forfeit not less than twenty- hve nor nun-e than one hnmlred dollars, for each ami every day such nej^lect or lefusal slia'.l continue, one- half to the use of the person or corporation prosecuting tlierefor. This act shall take elTect and bf in force from and af- ter its passage and publication. Approved March 2:^ 188-i. Published March 28, 1882. WISCONSIN. LAWS OF X^'f^'-l Continued. CHAPTER 320. An Act to provide for the assessment and taxation of the pr( perty of Telegraph Comi)anies in this State, and to amend Section 121G, of the Revisinl Statutes. The people of Wisconsin represented in Senate and Assembly, do enact as follows : Any person, company, or corporation owning or JJ^ense to be operating any line of telegraph within this Stat-, shall obtained. (,|,tjun a Hceuse therefor at the time and in the manner provided in this act ; such license shall be applied for on or before the first day of May in each year ; applica- tion tlierefor shall be made to the State Treasurer. SK.:,2. Any person, company or corporation owning or op- u,.port to iip^,w,f,,ijr any telegraph, line within this State, shall, at '"'''^' the time of applying for such license in each year,make or i-eport in writing to the State Treasurer, duly veiified by such person or by the president or managing officer 28'< rorponition ii.y of tlie Kin twt'uty- )!• encli iuid itinuc, one- piosecutiiig •om ami nf- taxiitiou of n this State, d Statutes. Senate and owning or s Stat", sliall a the manner ^ applied for ear; applica- easnrer. i'ning or op- tate, shall, at i3l> year, make duly veiified nasing officer of such cori.oration, which report shall be in such form as the State Treasurer may prescribe, and shall accur- ately and truthfully slu.w the following facts : 1. The number of miles of telegraph line owned or operated bv the i>erson, company or corporation so making application f<'V license, and the num- ber of miles of such line that are within this State. 2. The number of wires employed on each division ot such line, and the aggregate number of miles of single wire owned or operated by such person, company or corporation in this State. ',i. The nund)er of offices maintained within this State by such pevsim, company or corporation. 4. A detailed statement of the number and value of the various implements and other jjropi'rty used or employed in ccmstructing, repairing or carry- ing on such line. f). The proporticm of such indebtedness whi(-h is equitably and justly chargeable to the lines with- in the State. ' 0. A careful statement of the exact cost of the line or lines owned or operated within this State by the person, company or corporation applying for such license. 7. Any other facts or figures relating to the busi- ness or management of such telegraph line or lines that may be required by the State Treas- urer. Upon exatnining the report of any such pers(>n, «<>"'--;^^_.^^^ pany or corporation, the State Treasurer shall, it lie .i.^nusuea timl'such report in conlormily to the laws of this State, ikense. issue to the person, compiiny or corporation so making such report, a license to operate such telegiaph line or lines for the calendar year, commencing on the pre- ceding first day of January, and terminating on the Sec. 4. License foe. SKC. 5. Skc. B. 284 thirfy-lirst (Iny of December next snoceedins; such li CfiiSH sliiill by its terms be conditioned upon the j)romi)t i)aynient of the licenst; fees imposed by this ret. Upon failure or negh'ct to i)ay such license fees, at tlie time tixed by tliis a(;t for the payment of the same, such license shall teiniinate iniiiUMliutely ; and for such unpaid license fees, the State of Wisconsin sliall have a lieu upon all the telej^raph lines and appurtenances owned or o[)erated by sucli delinquent pt»rsons, com • pnny or corporation, and tlie Attoriu^y-General shall, in such case, proceed by action at law to collect such fees. Any person, company or coiporation owning or op- erating any line or lines of telegraph within this State, shall annually pay to the State Treasurer, on or befoie the lirst day of June in each year, a license fee, as fol- lows : For any such i)erson, company or corporation for the iiist wire, one dollar i)er mile; for the .second wire, fifty cents per mile ; for the third wire, twenty- live cents per n)ile, and for the fourth and all ad- ditional wires, twenty cents per mile. Section 1210, of the Revised Statutes, and all acts and parts of acts conflicting with the provisions of this act, are hereby rei:)ealed. This act shall take effect and be in force from and af- ter the first day of January, a. d., 1883. Approved March 30, 1882. WISCONSIN. LA TF^ OP 1883. Skc. 1. Shall i>ay ceuse. CHAPTER 345. An Act to License Telephone Companies. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : Every person, company, association, or corporation "■ engaged in this State in the business of transmitting 285 ng ; such li upon t\w by this ret. ' fees, at tlie [ the same, iiul for such sliall have a purteuances ersons, com ■ eial shall, in collect such 'uing or op- i this State, m or before $ fee, as fol- corporation the second ire, twent\'- ancl all ad- anil all acts sions of this from and af- anies. si^resenled in r corporation transmitting messages by telephone, or of renting, letting, or keep- ing telephone instruiiienls, wiies and batteries, or either, for hire, shall, on oi- before tlie lOth day of February in each year, make and return to the State Treasurer, in such form and upon siu'li blanks as shall l)e furnished by him, a true statement of the gross receipts of such person, company, association or corporation during each year ; which statement shall be verified by the president, secretary and treasurei of such company, aeeociation or corporation, or of the pers(m so letting, renting or keeping telephones, wires and batteries, or either, f(U- hire, otherwise by the oath of two of the principal officers of such company, association or cor- poration. The statement herein required for the year 1883, may be returned on or before thelirstday of June, 1883. Every such person, company, association or corpora-SK-.s. tion shall, upon returning such statement, apply for a»'"« ^""^''"''^ license to carry (>n such telephone business within the State, and shall pay the license fee therefor i)rovided, in the next section, and thereupon shall receive from the State Treasurer a license to carry on sucli business for the calendar year commencing on the lirst day of January preceling, and ending on the succeeding thirty first day of Ddceinber, unless sooner revoked. The anniiaf license fee provided for in the precedingSKr.3. ... ,. .1 • . I'lT centum to section, shall be one (1) per centum ot the gross receipts ^,.p,^ij. of the business within the Stale. If anv sui^h person, company, association or corp()ra-si:c.4. " ,. 1 ji I 1 • :.>^i:oi.i. IVnnltv for noil. ^ tion engiiged m the tele[)lione business in this Slate, ,.„,„j.,ia„f., shall n'^glcct to obtain such license, or pay such license witi, the law. fee or any part thereof as hereinbefore provided, such person, company, association or corporation shall ab- solutely forfeit to the State the sum ol live tliousaiid dollars ($5,000), to be recovered in an aclion brought in the name of ihe State ; and such neglect in tlie case of association or corixnation shall also be a caust^ of for- feiture of all the rights, privileges and franchises under which such business is carried on, whether granted by '\n 286 S !■.'•. 5. |,i ISO fee l)e ill li<'U all liixfs. Skc. 0. Attest. special charter or obtainod under laws, or exis.ng by conuty in foreign corporations. And the Attorney- General shall, uponsucl. neglect, collect^ by actum the pecuniary loi'feiture herein imposed, and also proceed Jo have such rights, privileges and franchises duly d. • clared forfeited. Any association or ^ovvov^txon^^i any time before linal judgment of forfeiture of such rights, privileges and franchises is rendered, may be permiUed to make the returns and pay the license lee herein provided for, upon special application to the irvl in which the acti.m to declare such Crfeiture is pending, upon such terms as the Court shall direct. ^ The payment of the license fee hereinbefore provided ^"for shal'l be in lieu of all taxes for any purposes "\authori/.ed by the laws of the State, except taxes upon such real estate as may be owned by «";" V^^,7;;;;;; ", pany, association or corporation winch is in anywise used in the prose(Mition of su-h telephone business. The licens^ herein providetl for shall certify to he fact of the payment of the license fee, to be attested by the %^^t^^.s.er.e^ thereto affixed, and shall be m such form as shall be approved by the Attorney-Cxeneral. This act should take elfect, and be in force trom and after its passage and publication. Approved April 4, 1883. 2S7 r existing by le Attovney- )y action the also proceed ises duly de- rporation, at ituiv of such ered, may be e license I'eo latiou to the L forfeiture is ill direct, fore provided xny purposes >t taxes upon L person, corn- is in anywise business, ify to tlie fact tested by the hall be in such y-General. "orce from and WYOMING. COMPILED LAW^ OF 18(50. CIIAPTKR '^A. ('olU'oUA'I'loNS. An Act to Crente iuid lleo-ulule Corijoralioiis. Be it enacted by the (Council iiiid House of Uepreseiita- lives of the Territory of Wyoiuitig. Tiri,K I. Whenever any thr-e or more persons assoclute under skc as. the provisions of this .'irlich', to form a coniiKiny for the '''''■k''»i''''""''' purpose of constructing a lintM)r linns of iuiignetic tel- egraph in this Territory their certilicate shall sjjecify as follows: The termini of such line or lines, and the counties through whi(;h they shall pass ; and such cor- poration is iierebyautliori/ed to construct said telegraph line or lines from point to point, along and upon any of the public roads, by the erection of the necessary fix- tures, including posts, piers and abutments necessary for the wires : Provided, That the same shall not in- Proviso, commode the public in the use of said roads or high- ways. Any company formed upon the provisions of this actsEc.:i9, for the purpose of constructing any * * * * * telegraph line, shall within ninety days from the date of their certificate commence work on such * * * * * telegraph line as shall be named in the certificate and shall prosecute the work with diie diligence until tlu; same is completed, and the time of the completion of '28^ any snch ****** telegraph line shall not extended beyond a period of two years from the time WDrk was commenced as aforesaid, and any conipauy failing to commence worl^ within ninety days from the date of certificate, or failing to complete the same with- in two years from the time of commencement as afore- said, shall forfeit all right to the route so claimed, and the same shall be subject to be claimed by any other company. •^- * * * * * Approved 10th December, 1800. WYOMING. LA WS OF 1882. PeO. 1. CHAPTER 102. Telkpiione and Teleouapii Pkopeuty. An Act to protect property used for telephoning and telegraphing. Be it enacted by the Council and House of Represen- tatives of the Territory of Wyoming : Wlioever unlawfully and intentionally injures, mo- injuring pro- ,^^fj^ ^^ destroys auy building, line, wire, post, support, irSriSinstrument, apparatus, materials or property of any amiteiegraph-^^j^ j^„y owucr or associuliou, used in transmitting in- ing, penalty. ^^„jf^^j^;.J j^^ electricity through telephones or the like, Hhalfforfeittotheuse ofsaid company, owner or as- sociation treble the amount of damages proved to have been sustained thereby, to be recovered in an action in the name of said company, owner or association, and may further be punished by tine not less tlian twenty- five dollars nor more than live hundred dollars, or by 280 } shall not II the time y coiupiJiy 's from the same with- it as af(jre- luimed, and y any other impriaonmenf in tlie county jail for a term not exceed- ing one year, or both. That chapter 108 of the Compiled Laws of Wyomingsn;, , Tt?rritory, being an ant to protect the proi)erty of tele- '^'''^'"'' graph companies, he and tliesame is hereby repciiled. This act shall take elTect and be in force from andSK^-s- after its passage. Api>roved, March 19, 1882. iUTY. )honing and )f Represen- iiijnres, mo- ost, support, icrty of any nsmitting in- 5 or the like, )wner or as- •oved to have an action in )ciation, and than twenty- ollars, or by 290 CANADA. LAWS IIKLATING TO TKLE(i KAPU COMl'AI^lES. AN Act ukspectinu Elkctui. Tklkuuai'H Companiks. UEll MA.IKSTY, by and with the aavice ^f^^^ oiL Legislative Council and Assembly of Canada, do enjict as follows : 1. Associations ma,, he/onned. Any munber of per^ sons not less than three, may associate fo ^''^ I '» ^^^^ f n. nu-tin- a line or lines of electric telegraph, with subject to the liabilities prescribed in the act (U. \ ., ^• 10, s. 1). o tWtirccalc to he made and contents. Such persons, Jli ;^; hands and seal, shall make a certihcate which shall specify : , Fiv^l -The name assumed to distinguish the associa- .• nrl o be used in itsdealings, and by wl ich it Uon, and t" ^« "^^;; ^^,^^^ ^, ae^ignation of the line or M^fs" tXgmph o lie so constructed by such assocm- llon! :nd tSoite or routes by which such hues are to pass. . , - Second -The capital stock of such association, and thf n imber of shaiL into which the «tocl. is divu, | , and any provision made for increasing the same the rmesof the shareholders, and the amount of stock held by each. rA/;YZ.-The period at which the association is to commence and terminate. Fourtn.-Qovyoi the articles of association (10 V., c. 10, s. 2). 2!) I anil ('onsent of Caiuitla, mber of per- tlie purpose (•graph, with n and to any iuliti()i\s, and act (U) v., c. 3noh persons* a certificate ill the associa- {\ by which it 1 of tlie line or f such associa- cli lines are to ssociation, and ick is divided, the same, the louut of stock ssociation is to nation (10 V., c. 3. To he arl-nmrlv\vlf(l;^'i'd h.-foif ti notary, and the oriKinal or copy thfivof, ccrtitied by such notary, shall be tiled in the ollice of the Provincial Sec- retary. 4. Invorpuration. Upon complying vvilli the pro- visions of the last two preceding- se(!tions, the associa- tion shall be a body corporate by the name designated in the said certiticate. T). ('(>i>!/ of ccrtijlcate to he evidence. A copy of the certiticate, duly certilied by the ProviniMal Secre- tary, may be used as evidence in all our Courts and places for and against the association (10 V., c. 10, 3. W). 6. Corporate powers. Every such association shall have power to purchase, take, hold and convey, such real estate and such only as maybe necessary for the convenient transaction of the business, and for the ef- fectually carrying of th(M)peratlons of the association (10 v., c. 10, s. 4). 7. Director.^ and oncers maij 1>e appointed. Every such association may appoint such directors, officers and agents, andmakesuch prudential rules, regulations and by-Uiws as may be necessary in the transaction of its business, not inconsistent with the laws of this Province (10 V., c 10, s. 4). 8. Poioers for the construction of the line. Each such association may construct the lines of telegraph designated in its certificate, upon any lands purchased by the association, or the right to carry their line over which has been conceded to them by the parties having a right to make such concession, and along any and upon any of the public roads and nighvvays, or across any of the waters within this province, by the election of the necessary fixtures, including posts, piers or abut- ments for sustaining the cords or wires of such lines, provided the same are not so constructed as to incom- mode the public use of such roads or highways, or to 292 iinpeae the free access to any house or other building Sed in the vicinity of tUe same or ^---^0^; 5)' terrupt the navigation of such waters (16 V., c. 10, D). 9 Nofhin.^ herein contained shall confer to any such as^oltlon!" he right of bulling, imdge over any navigable water (16 v., c. 10, s.r>). XO. Increase 1^ companies. Any muni- cipal corporation in this Province, or any .loint stocK company incorporated under an act of Parliament of this Province, may subscribe for and hold stock in ai.y company formed under this act, and may pay tha amount of subscription out of any municipal or oti.c: funds not specially appropriated to any other purpose, and such municipal corporation may levy money by rate for paying any such subscription, and shall have sur^h rights as a member of the company, and slial vote upon the stock held by it in such manner and by th^> in- -i--r he com- lul alter > pOSSt'8- inii)ti()n, rhts and shall be case of , between as to the •onipany, inder the r>rary ex- ion, such one to be =>r by the II ted arbi- rbitrators the cotn- , or if the u'bitrato;-, { any two as ia Up- r Canada, '., c. 10 s. companiss A.ny mnnl- oint stock liament of )cV in ai.y y pay tba lal or otiic: n- purpose, money by shall have 1 shall vote d by th<> in- 2i)a terveiition of such iHMison or otlicer as sliall lie drter- miued by the articles of association (1(5 V., c 10, s. \C>). 21. PennUyfcr malicious or other injuries I o leh- graph works. Any person who wilfully and malicious- ly cuts, breaks, moli'sts. injures or destroys any instru- ment, cap, wire, post, line, pier, or abutment, or tiie materials or jtroperty bei(.n,i;ing thereto, or any other erection used for or by ■my lino of electro-nia^Mietic telegraph in operation in tills rrovince under any act in force hereon, or who wilfully ami maliciously in any way obstructs, d'isturbs or impedes iheaclion, oi)eraiion, or woiking of any such line of telegraph, shall on con- viction thereof l)e deemed guilty of a misdemeanor and be punished by a line not exceeding forty dollars, or imprisonment not exceeding one month, or both, at the discretion of the Court before which the conviction is had (10 v., c. 10, s. 0; 1:^ 14 V., CM). 22. The jurisdiction over all offences against this act shall be in any ] istice of the peace in any parish, village, city, town or county where the offence has been committed, or in which the offciuler may be found, and the proceedings thereon shall be summary. 23. The line imposed nuiy if not forthwith paid be levied with all costs of the prosecution b ; a warrant of distress against and by sale of rhe goods and chattels of the offender, or such offender may (in the discretion of the nmgistrate) whether imprisonment be or be not part of the sentence, be imjirisoned for a period not ex-, ceeding thirty days, in addition to and after the expira- tion of any other imprisonment making part of the sen- tence, unless such fine and all expenses incurred in the prosecution be sooner paid, and all such lines when col- lected shall belong to the party aggrieved by and com- plaitung of the offence and be paid over to sucli party (13-14 v., c. 31). MEMORANDUM. 1,7,10, 13 repealed L. L. 18G9, page 7'J, chap. 14 206 L L 1869. amends general act by allowing company to change ro.ite of wires by diverging from route laid down in certificate on filing an amended cert.fica e which in other respects shall conform to section 5 of general act. i , io^q These are all the amendments found to ia7d. CANADA. STATUTES OF 1882. 45 \ ICTOUIA. CHAPTER 40. Preamble. BBC. 1. Word Tele- graph in act* o n subjects uniler control of Parliament does not in- clude "Tele- phones." An Act declaratory of the meaning oj the word Tele- graph in certain cases. Assented to 17th May, lh82. Whereas, doubts havo arisen as to whether the word .Mderrapl'' includes the word "telephone" and w ler^s it is desirable that such doubts suou d be set r rest t erefore, Her Majesty, by and witli the advice and consent of the Senate and House of Commons of Canada, enact as follows : rm ,v«rrT " tele^iaph " and its derivatives, wherever uJv o cm in at;"atute of the Dominion of Canada ^ fori mssed or hereafter .o be passed, or in any ^rufofCr^^^^^ now forming part of the Do- statute ot »"3 /^^ ^ ^ f^,,g s„,i, Province entered minion of Canada, passeaoe ^^ ^.^^^ ,Ue Dominion, -/^ -^r^r^^.tcU^^ Novth Angelica Ac^, ^7^ - P ^^^^^ ,^^^ ^^^ ^^ ,^^ S^.^rred;:^ludethew.rd"telephone''and its derivatives. mpany to route laid ceititica^e ction 5 of i. 297 This Act shall not in anv way affect any suit, action, «•'<' « or proceeding now pending. rending suit I. CANADA. STATUTES OF OB TAR JO, 1882. ) word Tele- May, 1882. ler the word lione," and lould be set h the advice ;^omnions of ■68, wherever n of Canada ;d, or in any •t of the Do vince entered 'The British hin the legis- , are not ^o be ephone" and 45 Vic, Cap. 71. An Act to confer certain powers upon the Bell Tele- phone Company of Canada. Assent, 10 March, 1882. Whereas the Bell Telephone Company has, by its pe rreambie. tition, represented that i:^ was incorporated by an Act of Parliament of Canada, passed in the 4'S year of Her Majesty's reign, chapter 67, and certain powers were conferred on the s^iid corporation by the said act ; that un- der the authority thereof it has acquired the rightsi business and good will of divers local telephone com" panies in this Province, and has constructed and erected, and is now working telephone lines in divers cities, towns and villages, and other places in this Province ; and that doubts have arisen as to the powers of the said company under the said act, in regard to those por- tions of its work and undertaking which are local and do not extend beyond the limits of the Province ; and the said company has prayed that the necessary powers be conferred on it by the Legislature of this Province; and whereas it is expedient to grant the prayer of the said petition ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enact as follows : It shall be lawful for the company incorporated bysec. i. chapter sixty-seven of the Statutes of Canada, passed "thorir^i To in the forty- third year of Her Majesty's reign, known exercise 208 powe.here.by tl.P nnuie of " TliH Bell 'IVlHpl.one ^'^"" W "f^';'"^ inmeniioned ^^j'^,^ ., ^^ ..xeiTise witliiu tlie Pioviuce of Outuilo tile powers hereinafter mentioned. SW.S. llfiKht of poll* I'lC. The Bell Telephone Company of Canada may con- c;o„;tr..oiio,> t jj„,^ maintain, its line or lines of telephone iJo?:::: :::,;he sides of and across or under any puWu, lu^.- wnvs streets, bridges, water courses or other such rrov.o. rC's ; pOviied the said con.pany shall not interfere V the public right of travelling on or using such highways, streets, bridges, or water courses ; and p o- V d.l thai in cities, towns and i'^^'P;- -^/j ^f ^;,^,^. comt>any shall not erect any poles higher than forty ee ove the surface of any street, nor affix any wire es than twenty feet above the surface of the stree . no rryy such poles or wires along any street w. thou the consent of the nu.nicipal council having jurisdiction over the streets of the said city, town or inc.u'porated V llL e and that in any city, town or incorporated vil- l!; the poles shall be nearly as possible straight and ;^;';dicular. and should in cities be vaunted, i ^^ nuiedby any by-laws of the council ; and piovided ?.u- her that wh^re lines of telegraph are already con- It u ted, no poles shall be erected in any city, town or inr^^^wited village along the stree such poles n n earevected^^ unless with the consent of the coun- cllving jurisdiction over the streets of such city, town or n^i pirated village. Provided also, that in so doing the said company shall not cut down or muSate any tree ; and provided tha in cities, U.wns and incorporated villages the opening towns ana f ^^.^^^.^^ ^j ^^^^^ :;'fof carr ^ng t^ tires underground, shall ^ed^^^^ under the direction and supervision of the «ng;»ee o Buch o her officer as the council may appoint, and in such manner as the council may direct, -less such en^ eineer officer, or council, after one week s notice in wridni shall have omitted to make such direction; rnTpr'oVta also, that the surface of the street shaU ?naU cases, be restored to its former condition by, and Proviso. Vroviso- Proviso. i 200 ny of ('iiu- Untaiio the la may con- if telephone ,iibli(! high- other such ot interfere : using such s ; and pro- viUageH, the than forty ix any wires le street, nor •eet without jurisdiction incorporated rporated vil- straight and ed, if so re- nd provided already con- !ity, town or ? such poles toE the coun- ich city, town , that in so cut down or it in cities, the opening n of poles hall be done B engineer or )point, and iu nless such en- ik's notice, in ich direction; ! street shall, dition by, and at the expense of the company ; and provided further, that whenever in (!i>.se of fire, it l)ecunies necessary for its extinction or preservation of property, that the tele- jihoiie wires should be cut, the cutting under such cir- ciiinstancHS of any of the wires of the company, under the direction of the Chief Engineer or other officer in charge of the fire brigade, shall not entitle the com- pany to demand or i hum compensation for any dam- ages that miglit be so incurred. The said company shall have power to purchase, leasesKc 3. or otherwise acquire and hold all snch real estate as ''"*".'■ '" "°' « . . , , , quire reul may, fi-oni time to lime, be necessary and i)roper for estate. the purpoees and uses of the company, and also to sell, lease or otherwise dispose of, and to mortgage, pledge or iiicumljer such real estate, or any part or jiarts thereof, from time to time, in such manner and on such terms as they may deem fit. Provided always, that such real estate acquired for the purposes hereinbefore mentioned, shall at all times be held exclusively for the purposes and uses of the said company as by this act authorized, and not other- wise, and shall not exceed, at any one 'ime, when situ- ate within the city of Toronto, the annual value of ten thousand dollars, when situate within any other city in the Province of Ontario, the annual value of five thou- sand dollars, when situate within any town with- in the Province of Ontario, tlie annual value o two thousand dollars, and when situate within any other municipality, within the said Province of Ontario, the annual value of one thousand dollars. CANADA. SIATUTES OF QUEBEC, 1882. 45 VicTOUiA, Cap. XXII. SBC. 1. An Act to Impose Certain Direct Taxes on Couunercial Corporations. Assented to 27th May, 1882. Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : In order to provide for the exi<,'encies of the public SBC. 1. in i)iut?i i^" 1' , „ * * * * tplp<>-rai)li Taxes impoBed g^,.^,i,.e of this Provuice, every * leie^iapii upon certain wnrkintT a telegraph line, or part ot a teie- ,ommercialCOnip;iny WOlKlUf, au.nr„...i ^ i^'i,,,„« ..nrtimnv corporation..,,,. ;,, li,,^ iu this Provit.ce, evcry telephone company working a telephone line in this Province, sh 1 annually pay the several taxes contained and speci- tdn Section \hree of this Act, whict. taxes are hereby i.nposed upon each of such commercial corporations, respectively. Tl,e annual taxes upon, and payable by the commer- Snt or an.,.„i corporations mentioned and specilied in Section one „na, taxes ^^^ ^^^.^ ^^^^ ^^ .^^ ioWoV^^-. ^ * * * * * * Sec. 3. iinoun niial upon. Telegraph companies. Te le ph o ne compaDles. YI,_Tklkguapii Companies. (rt.) One thousand dollars. (60 An additional tax of five dollars for each office. YJX. Telephone Companies. (a.) Two hundred dollars. (h\ An additional tax of one hundred dollars for the principal station, In the cities of Montreal and 801 3. Coimnercial tl consent of if the publit * tele}^nai)li Tt of ii tele- one company .„ * * * nedancl speci- ces are hereby corporations, y the coninier- in Section one ;s. for each office. IKS. red dollars for of Montreal and Quebec, and of lifty dollars for the principal sta- tion in every other phice. * * •» •;<■ * ■* * * Such taxes shall be payable on the first judicial day of tlie month of .Inly in each year. The j)rincipal tax hereby imjjosed, shall be paid an- nually to the li('ense inspector of the revenue district in which the commercial corporation has its chief or prin- cipal oflice ill this Province, to the license inspector for the revenue district of Quebec. The additional tax shall be paid annually to the li- cense inspector of the revenue district in which the office, place of business, factory, or workshop for which it is payable is situated. If any such annual tax be not paid, the same may be recovered with legal interest tliereon, fiom the date upon which such tax became due, by an action brought in his own name on behalf of Her Majesty, by the license inspector of the revenue district in which such tax was payable. All actions for the recovery of such taxes shall be brought in the Judicial District Court in which they are payable, either before the Circuit Court or the Sujjerior Court, according to the competency of the Court with reference to the amount claimed. Costs shall not be adjudged against the inspector in any action by him under this Act ; but on the recom- mendation of the tribunal, the provincial treasurer may in his discretion pay to the commercial corporation in '■ivor of which judgment has been rendered, the costs to which he may deem it equitably entitled. The clerks or secretary, treasurers of every munic"'ial corporation, shall annually on or before the first day of June, return to the provincial treasurer, the names of all commercial corporations of the nature of those men- tioned in this act, established or doing business within their respective municipalities, sj)ecifying the number of offices, places of business, factories or workshops of each, and in default of so doing, they shall severally be Skc. 4. Tuxos w h « II payiililu. Ski'. 5 To whom prlii- <'i|ial luxes are payable. To whcim n;lill- tionni tuxex arc pnyublf. Skc. B. .Action for re- covery of taxi's if un- paid. Ski;. 7. Before what Court bronglit Sko. 8. Costs not to be a