such by-laws may be repealed or amended, or new by-laws may be adopted by any subsequent representative body in accordance with the constitution, canons, rules, or regulations governing the other proceedings of such representative body. Such corporation may hold and administer not only the common property, funds and money of such association, but also the property funds and money of any constituent parish, mission, congregation or society. The limitation in section 595 C. C. shall not apply to corporations formed under this section when the land is held or used for churches, hospitals, schools, asylums, parsonages, or cemetery purposes. Power to Take by Will. Civil Code 1275, p. 396, supra. Trustees or Directors-How Elected. Books and Records-What to Keep. Constitution, Art. XII, sec. 14, p. 432, supra. Road Companies. Articles of Incorporation-What to Contain. Road-How Laid Out. Power to Bridge, or Keep Ferries on, Streams. Terms of Franchise to be Posted on Toll-Gates. Articles of Incorporation-What to Contain. Power to Bond the Road. C. C. Sec. 522. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair its road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two-thirds of une capital stock subscribed. Road How Laid Out. C. C. Sec. 512. Where a corporation is formed for the construction and maintenance of a wagon road, the road must be laid out as follows: Three commissioners must act in conjunction with the surveyor of the corporation, two to be appointed by the board of supervisors of the county through which the road is to run, and one by the corporation, who must lay out the proposed road and report their proceedings, together with the map of the road, to the supervisors, as provided in the succeeding section. C. C. Sec. 513. When the route is surveyed a map thereof must be submitted to and filed with the board of supervisors of each county through or into which the road runs, giving its general course, and the principal points to or by which it runs, and its width, which must in no case exceed one hundred feet, and the supervisors must either approve or reject the survey. If approved, it must be entered of record on the journal of the board, and such approval authorizes the use of all public lands and highways over which the survey runs; but the board of supervisors must require the corporation, at its own expense, and the corporation must so change and open the highways so taken and used as to make the same as good as before the appropriation thereof; and must so construct all crossings of public highways over and by its road and toll gates, as not to hinder or obstruct the use of the same. Power to Bridge, or Keep Ferries on, Streams. C. C. Sec. 514. All wagon road corporations may bridge or keep ferries on streams on the line of their road, and must do all things necessary to keep the same in repair. They may take such tolls only on their roads, ferries, or bridges, as are fixed by the board of supervisors of the proper county through which the road passes, or in which the ferry or bridge is situate. But in no case must the tolls be more than sufficient to pay fifteen per cent., nor less than ten per cent per annum, on the cost of construction, after paying for repairs and other expenses. for attending to the roads, bridges, or ferries. If tolls, other than as herein provided, are charged or demanded, the corporation forfeits its fran chise, and must pay to the party so charged one hundred dollars as liquidated damages. Power to Take Tolls. C. C. Sec. 515. When any highway or public road is taken and used by any wagon road corporation as a part of its road, the corporation must not place a toll gate on or take tolls for the use of such highway or public road by teamsters, travelers, drovers, or any one transporting property over the same. Terms of Franchise to be Posted on Toll-Gates. C. C. Sec. 516. The corporation must affix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a printed list showing, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the term of duration of said franchise; second, the date upon which rates of tolls were last fixed by the board of supervisors; and, third, the rates of tolls levied and demanded. Failure to comply with the provisions of this act shall work an immediate forfeiture of franchise. Powers and Liabilities of Toll-Gatherers. C. C. Sec. 517. Each toll-gatherer may prevent from passing through his gate any person, animal, or vehicle, subject to toll, until the toll authorized to be collected for such passing has been paid. C. C. Sec. 518. Every toll-gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger or any vehicle or animal liable to the payment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twentyfive dollars to the person aggrieved. Penalty for Wrongful Avoidance of Tolls. C. C. Sec. 519. Every person who, to avoid the payment of the legal toll, with his team, vehicle, or horse, turns out of a wagon, turn pike, or plank road, or passes any gate thereon on ground adjacent thereto, and again enters upon such road, for each offense forfeits the sum of five dollars to the corporation injured. Penalties for Injury to Company's Property. 1. Willfully breaks, cuts down, defaces, or injures any mile stone or post on any wagon, turnpike, or plank road; or, 2. Willfully breaks or throws down any gate on such road; or, 3. Digs up or injures any part of such road or anything thereunto belonging; or, 4. Forcibly or fraudulently passes any gate thereon without having paid the legal toll; For each offense forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act. Rates of Toll to be Apportioned. C. C. Sec. 521. The entire revenue derived from the road shall be appropriated: first, to repayment to the corporation of the costs of its construction, together with the incidental expenses incurred in collecting tolls and keeping the road in repair; and, second, to the payment of the dividend among its stockholders, as provided in section five hundred and fourteen. When the repayment of the cost of construction is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay said dividend, and incidental expenses, and to keep the road in good repair. Franchises for Bicycle-Paths. C. C. Sec. 524. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or de CORP LAW 19 |