undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding. sufficient non-ap of party 1221. (§ 492.) Whenever, by the provisions of Illness this Title, an officer is required to keep a person cause for arrested on a warrant of attachment in custody, and pearance to bring him before a Court or Judge, the inability, arrested. from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. Confine ment under arrests for contempt. and orders 1222. (§ 493.) The judgment and orders of the Judgment Court or Judge, made in cases of contempt, are final in such and conclusive. cases final. TITLE VI. OF THE VOLUNTARY DISSOLUTION OF CORPORATIONS. SECTION 1227. How dissolved. 1228. Application, what to contain. 1229. Application, how signed and verified. 1230. Filing application and publication of notice. 1231. Objections may be filed. 1232. Hearing of application. 1233. Judgment roll and appeals. dissolved. 1227. A corporation may be dissolved by the How, County Judge of the county where its office or principal place of business is situated, upon its voluntary application for that purpose. Application, what to contain. Application, how verified. 1228. The application must be in writing, and must set forth: 1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-third vote of all the stockholders or members; 2. That all claims and demands against the corporation have been satisfied and discharged. 1229. The application must be signed by a signed and majority of the Board of Trustees, Directors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. Filing application and of notice. 1230. If the Judge is satisfied that the applicapublication tion is in conformity with this Title, he must order it to be filed with the Clerk, and that the Clerk give not less than thirty nor more than fifty days notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements, posted up in three of the principal public places in the county. Objections may be filed. Hearing of application Judgment roll and appeals. 1231. At any time before the expiration of the time of publication any person may file his objections to the application. 1232. After the time of publication has expired, the Judge may, upon five days notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application; and if all the statements therein made are shown to be true, he must declare the corporation dissolved. 1233. The application, notices, and proof of publication, objections (if any), and declaration of dissolu tion, constitute the judgment roll, and from the judg ment an appeal may be taken as from judgments of the County Courts. TITLE VII. OF EMINENT DOMAIN. SECTION 1237. Eminent domain defined. 1238. Purposes for which it may be exercised. 1239. What estates in land may be acquired by condemna- 1240. Private property defined. Classes enumerated. 1241. Facts necessary to be found by Court, before condem nation. 1242. Parties may make location. May enter to make sur veys. 1243. Jurisdiction in District Court. 1244. The complaint and its contents. 1245. Summons, what to contain. How issued and served. 1248. Court or jury to assess damages. 1249. The date with respect to which compensation shall be 1250. New proceedings to cure defective title. 1251. Payment of damages, or deposit of bond therefor. 1252. Damages, to whom paid. 1253. Final order of condemnation, what to contain. When filed, title vests. 1254. Putting plaintiff in possession. 1255. Costs may be allowed, distribution thereof. 1256. Rules of practice. 1257. New trials and appeals. 1258. When Title takes effect and construction of. 1259. When Title takes effect. 1260. Construction. 1261. Pending proceedings not affected. 1262. Rules of practice. 1263. Exceptions. 1237. Eminent domain is the right of the people Eminent domain or Government to take private property for public use. defined. This right may be exercised in the manner provided in this Title. H Purposes for which it may be exercised. 1238. Subject to the provisions of this Title, the right of eminent domain may be exercised in behalf of the following public uses: 1. Fortifications, magazines, arsenals, navy yards, navy and army stations, light houses, range and beacon lights, coast surveys, and all other public uses authorized by the Government of the United States; 2. Public buildings and grounds for the use of the State, and all other public uses authorized by the Legislature of this State; 3. Public buildings and grounds for the use of any county, incorporated city, or city and county, village, town; or school districts, canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of the inhabitants of any county, incorporated city, or city and county, village, or town; or for draining any county, incorporated city, or city and county, village, or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; roads, streets, and alleys, and all other public uses for the benefit of any county, incorporated city, or city and county, village, or town, or the inhabitants thereof, which may be authorized by the Legislature; but the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized; 4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads, steam and horse railroads; canals, ditches, flumes, aqueducts, and pipes, for public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable; 5. Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines; also, outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines; 6. By-roads leading from highways to residences and farms. NOTE. This section was amended so as to read as published in the text, by Act of April 1st, 1872. 1239. The following is a classification of the interests, estates, and rights in lands subject to be taken for public use: 1. A fee simple, when taken for public buildings or grounds, or for permanent buildings for use in connection with a right of way, or for an outlet for the flow or a place for the deposit of tailings from a mine; 2. An easement when taken for any other use; 3. Right of entry upon, and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees, and timber as may be necessary for some public use. NOTE. This section was amended so as to read as published in the text by the Act of April 1st, 1872. 1240. The private property which may be taken Private under this Title, includes: property defined. 1. All real property belonging to any person; 2. Lands belonging to this State, or to any county, Classes incorporated city, or city and county, village, or town, rated. not appropriated to some public use; 3. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated; 4. Franchises for toll roads, toll bridges, and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads, or other more necessary public use; 5. All rights of way for any and all the purposes enume |