Penalties for trespasses on property of corporation. California, § 520. Every person who: 1. Wilfully breaks, cuts down, defaces, or injures any mile-stone or post on any wagon, turnpike, or plank road; or, 2. Wilfully 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. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: a Arkansas, Dig. of Stats. 1904 (Kirby), §§ 1919, 1920. b Colorado, Rev. Stats. 1908, C. C. § 6466. c Kansas, Gen. Stats. 1905 (Dassler), § 1407. a Missouri, Ann. Stats. 1906, § 1233. North Dakota, Rev. Codes 1905, § 4413. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 1080; Comp. Laws 1909 (Snyder), § 1419. e Oregon, Ann. Codes and Stats. 1902 (Bel. & Cot.), § 5086. South Dakota, Rev. Codes 1903, C. C. § 574. f Washington, Code 1910 (Rem. & Bal.), § 5724. & Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 1882. ai Arkansas, § 1919. Every person who shall wilfully break, cut down, deface or injure any mile-stone or post on any turnpike road, or wilfully break or throw down any gate or turnpike on any such road, or anything thereunto belonging, or forcibly or fraudulently pass any gate thereon without having paid the legal toll, for each of such offenses the person thus offending shall forfeit and pay the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act, one-half of the fine aforesaid to go to the benefit of the county, and the other half to the benefit of the corporation thus injured. a2 Arkansas, § 1920. Every person, who, in order to avoid the payment of legal toll, shall with his team, carriage or horse, or with anything else subject to toll, turn out of any such turnpike road or pass any gate thereon on ground adjacent thereto, and again enter on such road, or without entering again on such road, if for the purpose of evading such toll, shall, for each offense, forfeit and pay the sum of ten dollars, one-half of which to go to the county, and the other half to the corporation injured. b Colorado, § 6466. Any person traveling upon any toll-road and refusing to pay toll after such toll shall have been demanded by the regularly authorized toll-gatherer, shall be subject to a fine in any sum not exceeding twenty dollars for such offense, the same to be collected before any justice of the peace in the county wherein such road is located. c Kansas, § 1407. If any person or persons using any part of said road, shall, with intent to defraud such company, pass through any private gate or bars, or along other ground near said road, to avoid any toll-gate, or shall falsely represent himself or herself to any tollgatherer as entitled to exemption from paying toll, or shall make any untrue statement as to the distance he or they shall have traveled or intend to travel on the road, or shall practise any fraudulent means, and thereby lessen or avoid the payment of tolls, each and every person concerned in any such fraudulent practices shall for every such offense forfeit and pay to such company the sum of five dollars, to be recovered by such company in an action of debt, before any justice of the peace of the county where the offender may be found. a Missouri, § 1233, same as Kansas G. S. § 1407. • Oregon, § 5086. Any person traveling upon any road herein mentioned, who shall pass through a gate thereon, without paying the toll legally chargeable thereat, or who shall go around such gate, with intent to avoid the payment of such toll, shall be liable to the corporation for three times the amount thereof, and any corporation which, by its agents or servants, or in any manner, shall illegally collect toll from any person traveling on such road, shall be liable to such person for three times the amount thereof. f Washington, § 5724, same as Oregon 5086. g Wisconsin, § 1882. Every person traveling on any plank or turnpike road who shall untruly report or refuse to report, when requested by any toll-gatherer on said road, the distance he has traveled or desires to travel thereon, or shall refuse or neglect to pay the legal tolls therefor, or shall run through or forcibly or fraudulently pass any toll-gate on any such road, without paying the legal tolls or to avoid the payment of legal toll shall turn out of such road and pass around any toll-gate and enter again on such road shall forfeit for each offense ten dollars. Penalty for wilfully or maliciously injuring telegraph or telephone property. California, § 538. Any person who wilfully and maliciously does any injury to any telegraph or telephone property, mentioned in the preceding section, is liable to the corporation for one hundred times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction. (Kerr's Cyc.Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: & Alaska, Ann. Codes 1907, Pen. C. (Carter), § 165. b Arkansas, Dig. of Stats. 1904 (Kirby), § 1899. Idaho, Rev. Codes 1909, § 2835. c Nevada, Comp. Laws Ann. 1900 (Cutting), §§ 1059, 1077. a Oregon, Ann. Codes and Stats. 1902 (Bel. & Cot.), § 2143. е Washington, Code 1910 (Rem. & Bal.), § 9316. a Alaska, Pen. C. § 165. That if any person shall wilfully and maliciously cut, break, or throw down any pole or any tree or other object used in any line of telegraph, telephone, or system for the transmission of light or power by use of electricity, or shall wilfully and maliciously break, displace, or injure any insulator in use in any such line, or shall wilfully and maliciously cut, break, or remove from its insulators any wire used for any of the purposes above enumerated, or shall, by the attachment of a ground wire, or by any other contrivance, wilfully and maliciously destroy the insulation of such line, or interrupt the transmission of the electric current through the same, or shall in any other manner wilfully and maliciously injure, molest, or destroy any property or materials appertaining to any such line, or belonging to any telegraph, telephone, electric light or power company, or shall wilfully and maliciously interfere with the use of any telegraph, telephone, electric light or power line, or obstruct or postpone the transmission of any message over any telegraph or telephone line, or procure or advise any such injury, interference, or obstruction, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed five hundred dollars, or imprisonment not to exceed six months, or by both such fine and imprisonment, in the discretion of the court, and shall moreover be liable to the company whose property is injured or line obstructed in a sum equal to three times the amount of actual damages sustained thereby. b Arkansas, 1899. Any person who shall wilfully and intentionally destroy, injure or obstruct any telegraph or telephone line, or any of the property or materials thereof shall, on conviction thereof, be fined in any sum not less than two hundred dollars, and may be imprisoned for any length of time, not exceeding one year, and pay to the owners of said line double the amount of all the damages sustained thereby. c1 Nevada, § 1059. If any person shall wilfully or maliciously cut, break, or throw down any telegraph pole, or any tree, or other material used in any line of telegraph; or shall wilfully or maliciously break, displace, or injure any insulator in use in any telegraph line, or shall wilfully or maliciously cut, break, or remove from its insulator any wire used as a telegraph line; or shall, by the attachment of a ground wire, or by any other contrivance, wilfully destroy the insulation of such telegraph line, or interrupt the transmission of the electric current through the same; or shall, in any other manner, wilfully injure, molest, or destroy any property or materials appertaining to any telegraph line; or shall wilfully interfere with the use of any telegraph line, or obstruct, or postpone the transmission of any message over the same; or procure, or advise any such injury, interference or obstruction, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed five hundred dollars, or imprisonment not to exceed six months, or by both such fine and imprisonment, in the discretion of the court; and shall, moreover, be liable to the telegraph company whose property is injured, in a sum equal to one hundred times the amount of actual damages sustained thereby. c2 Nevada, § 1077. Any person who shall wilfully or maliciously damage or destroy any telephone line, or in any manner interrupt communication over any telephone line, shall be liable for damages and criminal prosecution in the same manner and to the same extent as if the same were a telegraph line. d Oregon, § 2143, substantially same as Alaska Pen. C. § 165, except, in line 5 after "telegraph," omit "telephone, or system for the transmission of light or power by use of electricity"; also make other necessary changes so as to limit the application of the section to property and appliances of telegraph lines; also in the line next to the last after "equal to" change "three" to "one hundred" before "times." Actions for forfeiture against homestead corporations. California, § 562. Homestead corporations must not purchase and sell, or otherwise acquire and dispose of real property, or any interest therein, or any personal property, for the sole purpose of speculation or profit. Nor must any such corporation at any one time own or hold, in trust or otherwise, for its purposes, real property, or any interest therein, which in the aggregate exceeds in cash value the sum of two hundred thousand dollars. For any violation of the provisions of this section, corporations forfeit their corporate rights and powers. On the application of any citizen to a court of competent jurisdiction such forfeiture may be adjudged, and the judgment carries with it costs of the proceedings. (Kerr's Cyc Civ. Code.) The following statute treats of the same subject as the foregoing: ■ Idaho, Rev. Codes 1909, § 2850. a Idaho, § 2850, substantially same as Cal. Civ. Code § 562, except near the end of the second sentence change "two hundred" to "fifty" before "thousand." § 449. COMPLAINTS [OR PETITIONS]. FORM No. 1051-For penalty. (General form.) [Title of court and cause.] day of Plaintiff complains of defendant, and for cause of action alleges: 1. That on the 19 the defendant [state acts constituting violation of statute, either following the words thereof or setting forth the facts specifically], against the form of the statute in such case made and provided [or specify the particular statute under which the penalty is claimed]. 2. That thereby the defendant became indebted in the amount of [penalty or forfeit] to [naming the one for whose use the penalty is provided]; whereby an action accrued to the plaintiff according to the provisions of [describing statute as the case may require]. Wherefore, plaintiff prays judgment for $ the amount of said penalty, against defendant, and for costs of suit. [Verification.] A. B., Attorney for plaintiff. FORM No. 1052-For penalty for violation of ordinance of board of super visors. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: them vested by law, passed a law, entitled, "An order, regulation, or ordinance," [etc., setting out title thereof,] a copy of which is annexed as a part of this complaint [or petition]. 2. That since the passage of said law, to wit, on the 19 day of the defendant [set out fully wherein the defendant had disobeyed the order], contrary to the provisions of the said law above mentioned. 3. That by reason of the premises, the defendant forfeited to the plaintiff the sum of $ [Concluding part.] FORM No. 1053-For penalty for sale of liquors without license. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That the defendant being a resident of day of did on the 19 at his house [or shop], known as No. Street, sell to one C. D. [or to divers persons] strong or spirituous liquors or wines in quantities less than [five gallons] at a time, without having a license therefor, as required by the act entitled “An act," [etc., giving full title,] passed on the day of , 19. 2. That thereby the defendant became and is indebted to the plaintiff in the sum and penalty of $ for said act of selling [or each and every of said acts of selling], whereby this action has accrued to the plaintiff, according to the provisions of said act, for the said sum of $ [or, if more than one penalty is claimed, for FORM No. 1054-Against witness for disobeying subpoena. Title of court and cause.] The plaintiff complains of the defendant, and alleges: caused the defendant to be duly served with a subpoena commanding him to attend as a witness in the court, in and for the county testimony on behalf of the plaintiff in an action in said court pending, wherein this plaintiff was the plaintiff and one L. M. was defendant. 2. That at the same time the plaintiff caused $ fees of the said witness, to be paid [or tendered] to him. the lawful 3. That the defendant, not regarding his duty, failed to attend as commanded, whereby the defendant became indebted to the plaintiff in the amount of $ according to the provisions of the statute, entitled [set out title in full]. 4. [Allege special damages, if any.] 5. That by reason of the premises, the defendant forfeited to the plaintiff the sum of $ [Concluding part.] |