7567. Violation of act - Penalty - Exception. §3. Any person or persons, firm, company or corporation violating any of the provisions of this act shall be fined in any sum not less than one thousand dollars or more than ten thousand dollars, and may be enjoined from conveying and transporting natural gas through pipes otherwise than as in this act provided: Provided, that nothing in this section shall operate to prevent the use of nitro-glycerine or other explosives for shooting any well or wells from which the gas is procured.

84.

7568. Emergency. § 4. It is hereby declared that an emergency exists for the immediate taking effect of this act, and the same shall take effect from and after its passage.

AN ACT prohibiting the change, alteration or extension of service or other pipes or attachments, through which gas is furnished by any person, company, or corporation, and prohibiting the enlarging the orifices of mixers; and prohibiting the use of gas except through mixers; providing for the return of mixers and other appliances to the owner when entitled thereto; and prohibiting the making of connections and re-connections with the mains and pipes, and the turning on or off, or interfering with the valves or stopcocks used in furnishing gas of such person, company, or corporation without their consent and prohibiting the setting on fire of gas escaping from the wells, broken or leaking mains, pipes, valves or other appliances of such person, company or corporation, and prohibiting the interference with the wells, pipes, mains, gate boxes, valves, stopcocks, or other appliances, machinery or property of any such person, company or corporation, and fixing a penalty for the violation thereof. [Approved March 9, 1891; in force June 10, 1891; S., 1891, p. 381.

7569. Change of service etc. unlawful, when. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That it is hereby declared to be unlawful for any person, in any manner whatever, to change, extend or alter, or to cause to be changed, extended, or altered any service or other pipe or attachment of any kind connecting or through which natural or artificial gas is furnished from the gas mains or pipes of any person, company or corporation without first procuring from said person, company, or corporation written permission to make such change, extension or alteration.

7570. Appliances, unlawful interference with. § 2. That it is hereby declared to be unlawful for any person to make, or cause to be made, any connection or re-connection, with the gas mains or service pipes of any person, company, or corporation, furnishing to consumers natural or artificial gas, or to turn on or off, or in any manner interfere with any valve or stopcock, or other appliances belonging to such person, company or corporation, and connected with its service or other pipes, or to enlarge the orifice of mixers, or to use natural gas for heating purposes except through mixers, without first procuring from such person, company or corporation a written permit to turn on or off such stopcock or valve, or to make such connections or re-connection, or to enlarge the orifice of mixers, or to use gas for heating without mixers, or to interfere with the valves, stopcocks or other appliances of such person, company or corporation, as the case may be.

7571. Mixers - Unlawful retention. § 3. It is hereby declared to be unlawful for any person or persons, to whom any mixer or mixers, or other appliances may be or may have been loaned or rented by any person, company or corporation, for the purpose of furnishing gas through the same, to retain possession, or to refuse to deliver such mixer or mixers, or other appliances to the person, company or corporation entitled to the possession of the same, after such person, company or corporation shall have been entitled to the possession of the same, or to sell, loan, or in any

manner dispose of the same to any person or persons, other than said person, company or corporation entitled to the possession of the same.

7572. Escaping gas — Unlawful to fire. §4. It is hereby declared to be unlawful for any person or persons to set on fire any gas escaping from wells, broken or leaking mains, pipes, valves, or other appliances, used by any person, company or corporation in conveying gas to consumers, or to interfere in any manner with the wells, pipes, mains, gate boxes, valves, stopcocks or other appliances, machinery or property of any person, company or corporation engaged in furnishing gas to consumers, unless employed by or acting under the authority and direction of such person, company or corporation engaged in furnishing gas to consumers.

7573. Penalty. § 5. Any person violating any provision of this act shall, upon conviction, be fined in any sum not less than five dollars nor more than one hundred dollars for such offense.

AN ACT making it unlawful to burn natural gas in what are known as flambeau lights, making it a misdemeanor for violation thereof, and prescribing penalties therefor. [Became a law, by lapse of time, without the governor's approval, March 2, 1891; in force June 10, 1891; S., 1891, p. 55.

7574. Flambeau lights-Use, for illuminating purposes, prohibited. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the use of natural gas for illuminating purposes, in what are known as flambeau lights is a wasteful and extravagant use thereof, and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation or person, for hire, pay or otherwise to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways or elsewhere: Provided, that nothing herein contained shall be construed as to prohibit any such company, corporation or person from the necessary use of gas in what are known as “jumbo burners inclosed in glass globes, or lamps or by the use of other burners of similar character so inclosed, as will consume no more gas than said "jumbo" burners.

7575. Highway use Times prescribed. § 2. That all gas lights. in said "jumbo" burners and glass globes, or lamps used in all streets and public highways shall be turned off not later than 8 o'clock in the morning each day such lights or burner is used, and the same shall not be lighted between the hours of 8 o'clock A. M. and 5 o'clock P. M.

7576. Penal section. § 3. Any one violating any of the provisions of section [one] (1) of this act, shall be deemed guilty of a misdemeanor and, upon conviction shall be fined in any sum not exceeding twenty-five dollars, and for a second offense may be fined in any sum not exceeding two hundred dollars. [See § 7574.

STOCK YARDS.

AN ACT Supplemental to the acts now in force concerning the organization of manufacturing and mining companies. [Approved March 9, 1891; in force June 10, 1891; S., 1891, p. 423. 7577. Organization hereunder authorized-Rights and powers. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That stock yards companies that are or may be hereafter organized under the laws of this state concerning the organization of manufacturing and mining companies, shall, in addition to the powers conferred by existing laws, possess the following rights and powers: To receive from any person or persons, horses, mules, cattle, hogs, sheep and other domestic animals for

sale, on commission or otherwise, upon such terms and conditions as may be fair and reasonable, and under such regulations as such companies may from time to time make and establish; to acquire by purchase, gift or grant, and hold, manage and dispose of both real and personal property, such as may be required to properly carry on their business; to construct all buildings necessary for their business and dwellings for their employes, and to dispose of the same from time to time; to construct, equip, maintain, manage and operate railroads, electric light plants, gas and water works, ship or other canals, sewers, ditches and drains, such as may be required to enable them to properly and successfully carry on their business, and to exercise, for such purposes, all powers conferred on such companies by the act of December 21, 1865, appearing as sections 3873 to 3878 of the Revised Statutes of Indiana of 1881; to use and improve for their business any natural waterway, stream, lake or body of water; to lay pipes and conduits for natural or artificial gas, oil or water, and to connect their plants and establishments with any works, system or establishment for the supply of such, and to exercise like powers for such purposes as given under said act of December 21, 1865; and to exercise all such other rights and powers as may be reasonably necessary to enable such companies to carry on their business and accomplish the objects of their organization.

55

NOTES TO CHAPTER 35.

CORPORATIONS-MANUFACTURING AND MINING COS.

3851. How incorporated. This section requires that the persons who desire to organize a corporation for manufacturing, mining and other purposes under the statute of 1875, shall "make, sign and acknowledge, before some officer capable to take acknowledgment of deeds, a certificate, in writing, which shall state etc. The mere signing of the paper is not sufficient to complete the obligation of subscription. In order to make valid and effective articles of association against all who sign, all must acknowledge them as the statute requires. One who simply signs the articles without acknowledging the execution thereof, as the law requires, does not become a stockholder, and is not bound by his subscription, whether to demand stock subscribed for or to be required to pay for such stock; Coppage v. Hutton, 124-402.

3869. Liability of stockholders. The liability which is provided for in the first branch of this section is a liability by the individual stockholder to the corporation or, in case of its insolvency, to a receiver appointed to wind up its affairs. Under this branch of the section the party sued, to enforce his liability by a creditor, must occupy the relation of stockholder or member of the corporation and have subscribed for stock which is unpaid. In that event he is liable to an action by the corporation, or its receiver, in case one has been appointed. The statute is not broad enough to cover the case of one who has subscribed for stock but has not become a stockholder. In that event he would not be liable on account of the statute; but, simply, on his subscription; Wheeler v. Thayer, 121-67.

7555, Easements, acquisition of. Proceeding by injunction to restrain a natural gas company from laying its pipes on the land of the plaintiff. An answer denying

the ownership of the land to be in plaintiff, asserting title in a third person and license to enter upon the land granted by such third person is good as a denial; Whitlock v. C. Gas Trust Co., 127-63.

7561. Natural gas - Unlawful piping out of state. Natural gas in the earth may not be a commercial commodity when brought, however, to the surface and placed in pipes for transportation, it assumes that characteristic as completely as coal on cars or petroleum in tanks. The act of March, 1889 (S., p. 369) has for its object to prevent persons from conveying natural gas from this in to another state, with the imposition of penalities for so doing. The statute is unconstitutional, being legislation in reference to interstate commerce. The provision of the act as to the sinking of wells is so bound up with the provisions designed to effect the principal object that separation can not be made without completely destroying the statute and substituting another for it by judicial construction, which can not be done. The statute fails; State, ex rel. v. Ind. & O. O. G. & M. Co., 120-577.

AN ACT authorizing railroad companies organized under the laws of the state of Indiana, but not under the act of the legislature of said state entitled "An act to provide for the incorporation of railroad companies," approved May 11, 1852, to condemn real estate under the provisions of said act. [Approved March 9, 1889; in force May 10, 1889; S., 1889, p. 352.

7578. Condemnation permitted, when-Limitation on right. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That any railroad company organized under the laws of the state of Indiana but not under an act of the legislature of said state, entitled "An act to provide for the incorporation of railroad companies," approved May 11, 1852, may adopt the provisions of said act for condemning real estate: Provided, that nothing herein contained shall be deemed or held to authorize such corporations to condemn for any purpose or to any extent not authorized by its charter, but such company adopting the provisions of said act shall not condemn more, or for any purpose than as authorized by its charter; neither shall such corporation be deemed to have surrendered or abandoned its charter by condemning real estate as herein authorized.

7579. Rights reserved. § 2. This act shall not apply to any pending litigation, and such litigation now pending may be prosecuted to effect under existing laws the same as though this act had not passed.

AN ACT Compelling railroad companies to establish suitable waiting rooms and separate water closets for men and women in cities and all towns of two hundred and fifty population or more through which said roads are constructed, and defining the penalty for violation thereof. [Approved March 4, 1891; in force June 10, 1891; S., 1891, p. 70.

7580. Waiting rooms and appurtenance - Establishment and opening. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That all railroad companies operating lines through cities and towns of two hundred and fifty population or more shall provide and maintain suitable waiting rooms, together with separate water closets for men and women, for the convenience of the traveling public, and shall keep such rooms open for a period of not less than one hour next preceding the arrival of all passenger trains that are allowed by schedule to stop at such stations.

7581. Violation of act. § 2. Any railroad company failing to comply with the provisions of the above shall be guilty of a misdemeanor and be fined for not more than three hundred dollars and not less than twenty dollars.