Imágenes de páginas
PDF
EPUB

claim in the amount for which such claim is filed: Provided, the deposit of such cash and the execution and filing of such bond shall not operate to discharge such lien until the expiration of five (5) days after the deposit of such cash and the filing of such bond, during which time the lien claimant may apply to such Clerk to have the surety on such bond increased, and if upon such investigation the bond proves to be insufficient the Clerk shall immediately require such additional surety thereon as may be necessary to make such bond solvent, and the lien shall not be discharged until any additional surety ordered shall have been given and approved. In any suit on such claim the sureties on such bond may be made parties defendant and judgment may be rendered in such action on the bond for whatever amount the Court may decree for a reasonable attorney's fee, costs of suit and interest, but in the event the lien claimant does not recover judgment finally for the full amount of the cash deposited no liability shall exist upon said bond and no judgment shall be rendered thereon for any amount, and the balance of such cash deposit over and above the amount of the claim filed shall be returned by such Clerk to the person depositing same. Appeals may be taken by any party to the action in the same manner and to the same extent as in other civil actions.

EMERGENCY.

Sec. 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

[blocks in formation]

AN ACT regulating the laying, constructing, and maintaining and operation of gas pipe lines for the transportation of natural gas within the State of Oklahoma, defining the modes of procedure for the exercise of the right of eminent domain for such purposes. Providing for the inspection and supervision of the laying of such pipe lines and limiting the gas pressure therein, and providing penalties for the violation thereof.

Be it enacted, etc.:

Sec. 1. Any firm, co-partnership, association, or combination of individuals may become a body corporate under the laws of this state for the purpose of producing, transmitting, or transporting natural gas to points within this state by complying with the general corporation laws of the state of Oklahoma, and and with this Act.

[blocks in formation]

Sec. 2. No corporation organized for the purpose of, or engaged in the transportation or transmission of natural gas within this state shall be granted a charter or right of eminent domain, or right to use the highways of this state unless it shall be expressly stipulated in such charter that it shall only transport or transmit natural gas through its pipe lines to points within this state; that it shall not connect with, transport to, or deliver natural gas to individuals, associations, co-partnerships, companies or corporations engaged in transporting or furnishing natural gas to points, places or persons outside of this state. Sec. 3. Foreign corporations formed for the purpose of, or engaged in the business of transporting or transmitting natural gas by means of pipe lines, shall never be licensed or permitted to conduct such business within this state. Sec. 4. No association, combination, co-partnership or corporation shall have or exercise the right of eminent domain within this state for the purpose of constructing, or maintaining a gas pipe line or lines within this state, or shall be permitted to take private or public property for their use within this state, unless expressly granted such power in accordance with this Act.

Sec. 5. The laying, constructing, building and maintaining a gas pipe line or lines for the transportation or transmission of natural gas along, over, under, across or through the highways, roads, bridges, streets, or alleys in this state, or of any county, city, municipal corporation or any other private or public premises within this state is hereby declared an additional burden upon said highway, bridge, road, street or alley, and any other private, or public premises may only be done when the right is granted by express charter from the state and shall not be constructed, maintained, or operated until all damages to adjacent owners are ascertained and paid as provided by law.

Sec. 6. All pipe lines for the transportation or transmission of natural gas in this state shall be laid under the direction and inspection of proper persons skilled in such business to be designated by the chief mining inspector for such duty, and the expenses of such inspection and supervision shall be borne and paid for by the parties laying and constructing such pipe lines for the transportation or transmission of natural gas.

Sec. 7. No pipe line for the transportation or transmission of natural gas shall be subjected to a greater pressure than three hundred pounds to the square inch, except for the purpose of testing such lines, and gas pumps shall not be used on any gas pipe line for the transportation or transmission of natural gas or used on or in any gas well within this state.

Sec. 8. Any corporation granted the right under the provisions of this Act to exercise the right of eminent domain, or use the highways of this state to construct or maintain a gas pipe line or lines for the transportation or transmission of natural gas to points within this State, which shall transport or transmit any natural gas to a point outside of, or beyond this state, or shall connect with or attempt to connect with or threaten to connect with any gas pipe line furnishing, transporting, or transmitting gas to a point outside of, or beyond this state, shall by each or all of said acts forfeit all right granted it or them by the charter from this state, and said forfeiture shall extend back to the time of the commission of said act or said acts in violation of this Act; and such act or acts shall of themselves work a forfeiture of any and all rights of any and every kind and character which may be or may have been granted by the state for the transportation or transmission of natural gas within this state, and all the property of said corporation and all the property at any time be longing to said corporation, at any tinre used in the construction, maintaining or operation of said gas pipe line or lines shall, in due course of law, be forfeited to and be taken into the possession of the state through its proper officer

and in said action there shall be a right to the state of the appointment of a receiver, either before or after the judgment, to be exercised at the option of the state, and the officer taking possession of said property shall immediately disconnect said pipe line or lines at a proper point in this state from any pipe line or lines going out of, or beyond the state. And said property shall be sold as directed by the court having jurisdiction of said proceedings, and the proceeds of said sale shall be applied, first to the payment of the cost of such proceeding, and the remainder, if any, paid into the school fund of the state, and said charter under which said act or acts were committed shall be revoked, and no charter for the transportation or transmission of natural gas shall ever be granted to any corporation having among its stockholders any person who was one of the stockholders of said corporation whose charter has or may have been forfeited as aforesaid and if any such charter shall have been granted, and thereafter a person shall become a stockholder thereof who was one of the stockholders of the corporation whose charter has been or may have been forfeited, as herein provided, the charter of said corporation, one of whose stockholders is as last named, shall therefore be forfeited and revoked. Provided, that any person who may be denied the right to become a stockholder as above prescribed may be granted the right to become such stockholder by the corporation commission, when such person shows to such commission that he was not a party to the former violation of this act.

Sec. 9. No pipe lines for the transportation or transmission of natural gas shall be laid upon private or public property when the purpose of such line is to transport or transmit gas for sale to the public until the same is properly inspected as provided in this act; and before any gas pipe line company shall furnish or sell gas to the public, it shall secure from the inspector a certificate showing that said line is laid and constructed in accordance with this Act, and under the inspection of the proper officer, provided, that nothing in this Act shall be construed to prevent persons drilling for oil and gas from laying surface lines to transport or transmit gas to wells which are being drilled within this state and further provided, that factories in this state may transpot! or transmit gas through pipe lines for their own use for factories located wholly within this state, upon securing the right of way from the state over or along the highways and from property owners to their lands.

Sec. 10. That no person, firm, or association or corporation shall ever be permitted to transmit or transport natural gas by pipe lines in this state or in this state construct or operate a pipe line for the transmission of natural gas, except such persons, firms, associations, or corporations be incorporated as in this Act provided, except as in section 9 of this Act, and provided further that all persons, firms, corporations, associations and institutions now doing the business of transporting or transmission natural gas in this state and otherwise complying with this Act are hereby permitted to incorporate under the provisions of this Act within ten days after the passage and approval of the same.

Sec. 11. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 12. An existing emergency is hereby declared by the legislature for the preservation of the public peace, health, and safety of the state.

Sec. 13. This act shall take effect from and after its passage and approval as provided by law.

Approved December 21, 1907.

LAWS 1909, P. 431.

MARCH 27, 1909.

REVISED STATUTES, 1910, SECTIONS 4301, 4302, 4303.

CHAPTER XXVI.

ARTICLE II.

AN ACT to regulate the use and preservation of oil and gas and providing penalties for the violation thereof, providing for an inspector, his duties, compensation and appropriation therefor and declaring an emergency.

Be it enacted, etc.:

NOTE: Sections 1 to 9 inclusive are under the title Natural Gas.

Sec. 10. Before any gas pipe line corporation shall acquire any right of way, or exercise right of eminent domain within this state, or construct any pipe lines for the transportation of gas, it shall file in the office of Corporation Commission, a plat showing in detail the points in this state, between, and the route along which its trunk line is proposed to be constructed, the intended size and capacity thereof, and the location and capacity of all pumping stations, gate valves, check valves, and connections of all kinds on said trunk lines; and upon the demand of the corporation commission they shall file a plat showing in detail all the lines owned or operated by them, with full information as to their capacity and size, location and capacity of their pumping station, gate valves, check valves and connections of all kinds in existence.

Sec. 11. All domestic gas pipe line corporations in this state are hereby authorized to build and operate and for that purpose to acquire, whether by purchase or the exercise of eminent domain, sites for the erection of pumping stations in this state wherever the same may be necessary, due consideration being had for the size, capacity, pressure, facilities and powers of all other gas pipe line corporations and gas consumers and gas producers, in the same gas district which may be affected by the use of said pumps.

Sec. 12. Every domestic gas pipe line corporation in this state is hereby given authority to build, construct and maintain gas pipe lines, over, under, across or through all highways, bridges, streets or alleys in this state, or any public place therein under the supervision of the inspector of oil and gas wells and pipe lines as to where and how in said highways, bridges, streets, alleys and public places said pipe lines shall be laid, subject to the control of the local municipalities as to how the business of distribution in that municipality shall be conducted, and subject to responsibility as otherwise provided by law. Provided, however, that whenever any gas pipe line crosses the land or premises of any one outside of a municipality, said corporation shall upon request of the owner of said premises connect said premises with a pipe line and furnish gas to said consumer at the same rate as charged in the nearest city or town.

Sec. 13. All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 14. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this act shall be in force and effect from and after its passage and approval.

Approved March 27, 1909.

OIL-TRANSPORTATION-EMINENT DOMAIN.

LAWS 1907-8, P. 261.

REVISED STATUTES, 1910, SECTIONS 3186, 3189.

CHAPTER 20.

MAY 20, 1908.

AN ACT amending section 28, of Article 9, of Chapter 17. of the Statute of Oklahoma, 1893, and regulating the method of procedure in the condemnation of private property for both public and private use.

Be it enacted, etc.:

*

Sec. 2. Any oil pipe line company, organized under the laws of this State, shall have power to exercise the right of eminent domain in like manner as railroad companies, for the purpose of securing rights of way and sites for pumping stations, storage tanks or depots.

Sec. 5. Any private person, firm or corporation shall have power to exercise the right of eminent domain in like manner as railroad companies for private ways of necessity or for agricultural, mining and sanitary purposes.

Approved May 20, 1908.

NOTE: Section 1029, Section 28 of Article 9, Chapter 17, Statutes of 1893, applies to railroad companies only and is not given.

LAWS 1909, P. 425.

REVISED STATUTES, 1912, SECTIONS 4309-4312.

MARCH 27, 1909.

CHAPTER XXVI.

ARTICLE I.

AN ACT to regulate all corporations, associations, and persons engaged, in this state, in the business of carrying crude petroleum, or its products, through pipe lines; to regulate operators of oil wells and refineries of crude petroleum and its products, regulating the purchasing of mineral oil by pipe lines, providing punishments for violations thereof, and declaring an emergency. Be it enacted, etc.:

Sections 1 to 5 and sections 9 to

NOTE: Sections 6 to 8 are given here. 13 inclusive are under the title, Pipe Lines. Sec. 6. Before any corporation, joint stock company, limited co-partnership, partnership or other person, shall have, possess, enjoy or exercise the right of eminent domain, right-of-way, right to locate, maintain, or operate pipe lines, fixtures or equipment thereunto belonging, or used in connection therewith, as authorized by the provisions of this act, or shall have, possess, enjoy or exercise any right (the word "Right" in this connection being used in its most comprehensive legal sense) conferred by this act, every such corporation, joint stock company, limited co-partnership, partnership or other person, shall file in the office of the said Corporation Commission a proper and explicit authorized acceptance of the provisions of this act and the constitution of this state, and in cases of pipe lines a plat showing in detail the points within this state between which, and the route along which the trunk line or trunk lines are proposed to be constructed, the intended size and capacity thereof, and the location and capacity of all pumping stations, gate valves, check valves and connections and appliances of all kinds used, or to be used, on said trunk line or lines; and upon demand of the Corporation Commission the proper party or parties, as required

« AnteriorContinuar »