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which statement shall be signed by one of the chief officers of the corporation with an affidavit thereto annexed, that the same is true and correct to the best of his knowledge and belief.

sented to, copies of

If increase is conthe return of such and notice shall be filed in the office of commonwealth,

election, resolution

the secretary of the within thirty days.

And amount of such turned to him, under oath, within thirty days thereafter, by the presi

increase to be re

SECTION 9. It shall be the duty of such corporation, if consent is given to such increase, to file in the office of the Secretary of the Commonwealth within thirty days after the election or meeting, one of the copies of the return of such election, with a copy of the resolution and notice calling same thereto annexed; and upon the increase of the capital stock or indebtedness of the corporation, made pursuant thereto, it shall be the duty of the president or treasurer of such corporation, within thirty days thereafter, to make a return to the Secretary of the Commonwealth, under oath, of the amount of the increase and terms of the same, that is to say: the terms on which the additional stock is issued; and in case of neglect or omission so to do the corporation shall be subject to a penalty of five thousand dollars, which Penalty for neglect penalty shall be collected on an account settled by the Auditor General and State Treasurer as accounts for taxes due the Commonwealth are settled and collected; and the Secretary of the Commonwealth shall cause such returns to be recorded in a book to be kept for that purpose, and furnish a certified copy of the same to the Auditor General, and the corporation shall have the right to recover the same from the officer neglecting or omitting to file the return hereinbefore required.

dent or treasurer.

so to do, $5000.00.

Returns of election

to be recorded in
the office of the sec-
monwealth, and
be furnished the

retary of the Com

certified copies to

Auditor General.
Liability of officer

neglecting to make

return.

Transportation and gas declared to be a public use.

supply of natural

Right of eminent

domain granted.

Not to be exercised

as to any burying ground, dwelling,

railroad stationin which steam or

house or shop &c.,

SECTION 10. The transportation and supply of natural gas for public consumption is hereby declared to be a public use, and it shall be the duty of corporations, organized or provided for under this act, to furnish to consumers along their lines and within their respective districts natural gas for heat or light or other purposes as the corporation may determine. Any and all corporations that is or are now or shall hereafter be engaged in such business, shall have the right of eminent domain for the laying of pipe lines for the transportation and distribution of natural gas, the right, however, shall not be exercised as to any burying ground or dwelling, passenger railroad station-house, or any shop or manufactory in which steam or fire is necessarily used for manufacturing or repairing purposes, but shall include the right to appropriate land upon or under which to lay said lines and locate pipes upon and over, under and across, any lands, rivers, streams, bridges, roads, streets, lanes, alleys or other public highways, or other pipe lines, or to cross railroads or canals: Provided, In case the pipe lines cross any railroad operated by steam or canal the same shall be located under or above such railroad or canal, and in such laid when crossing manner as the railroad or canal company may reasonably direct: And provided further, That any company laying a pipe line under the provisions hereof shall be liable for all damages occasioned by reason of the negligence of such gas company: And provided further, That no company 3 LAWS.

fire is used.

But shall include

the right to approunder which to lay pipes &c., upon,

priate land upon or

over, under and across any rivers, roads &c.

How pipes are to be

railroads or canals.

Company to be liacaused by negli

ble for all damages

gence.

not to be occupied longitudinally.

Pipes to be buried

on farm lands, and on waste lands when changed to farm land.

Road bed or bridge authorized by this act shall have the right to occupy longitudinally the right of way, road bed, or bridge of any railroad company: And provided, If any pipe line laid under the provisions of this act, or laid upon or over lands cleared and used for agricultural purposes, the same shall be buried at least twenty-four inches below the surface, and if any line of pipe shall be laid over or through any waste or woodland, which shall be changed to farming land, then it shall be the duty of the corporation to immediately bury the said pipe to the depth of at least twenty-four inches as aforesaid.

How damages for lands &c., taken are to be assessed.

Security may be tendered.

Proceedings on refusal to accept security.

Viewers to be appointed, and their duties.

Appeal from their report may be

taken, by either party, within twenty days.

Councils of any city may, by ordinance, adopt regulations relative to the right

street, &c.

Prior to any appropriation, the corporation shall attempt to agree with the owner as to the damage properly payable for an easement in his or her property, if such owner can be found and is sui juris, failing to agree, the corporation shall tender to the property owner a bond with sufficient sureties to secure him or her in the payment of damages: if the owner refuse to accept said bond or cannot be found or is not sui juris, the same shall then be presented to the court of common pleas of the proper county after reasonable notice to the property owner by advertisement or otherwise to be approved by it. Upon the approval of the bond and its being filed the right of the corporation to enter upon the enjoyment of its easement shall be complete. Upon petition of either the property owner or the corporation, thereafter, the court of common pleas shall appoint five disinterested freeholders of the county to serve as viewers to assess the damages proper to be paid to the property owner, for the easement appropriated by the company, and shall fix a time for their meeting of which notice shall be given to both parties.

Either party may appeal from the report of the viewers within twenty days after the filing thereof to the court of common pleas and have a jury trial as in ordinary cases, and writ of error to the Supreme Court.

SECTION 11. The right to enter upon any public lane, street, alley or highway for the purpose of laying down to enter any public pipes, altering, inspecting and repairing the same, shall be exercised in such way as to do as little damage as possible to such highways, and to impair as little as possible the free use thereof, subject to such regulations as the councils of any city may by ordinance adopt.

Disputes between

corporations and

decided by the court of common pleas.

SECTION 12. In all cases where any dispute shall arise bemunicipalities to be tween such corporations and the authorities of any borough, city, township or county, through, over or upon whose highways, or between it and any land owner or corporation, through, over or upon whose property or easement, pipes are to be laid, as to the manner of laying the pipes and the character thereof, with respect to safety and public conveDuty of the court in nience, it shall be the duty of the court of common pleas of the proper county upon the petition of either party to the dispute, upon a hearing to be had to define by its decree what precautions, if any, shall be taken in the laying of

such cases.

pipes, and, by injunction, to restrain their being laid in any other way than as decreed. It shall be the duty of the court to have the hearing and make its decree with all convenient speed and promptness. Either party shall have a right to appeal therefrom as in cases of equity to the Supreme Court, but the appeal shall not be a supersedeas of the decree, and proceedings shall be had in like manner upon like petition when and as often as any dispute arises as to pipes already laid to define the duty of such corporations as to their re-laying, repair, amendment, or improve

ment.

SECTION 13. Companies incorporated under this act and not referred to or included in the next succeeding section hereof, shall not enter upon or lay down their pipes or conduits on any street or highway of any borough or city of this Commonwealth, without the assent of the councils of such borough or city by ordinance, duly passed and approved.

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Associations or corfore engaged in the business, upon acauthorized to fur

porations hereto

ceptance of this act, nish heat from gas.

Acceptance of act, ent, to be filed in retary of the commonwealth.

with old letters pat

the office of the sec

Effect of accept

ance.

SECTION 14. Any association of persons or corporations heretofore engaged in the business of transporting or dealing in natural gas for any purpose, whether under color of a charter or letters patent of the Commonwealth, and whether authorized by said charter or letters patent so to do or not, and any corporation by its charter authorized to furnish heat from gas, upon accepting the provisions of this act by writing under seal of the company, filed in the office of the Secretary of the Commonwealth, and filing therewith its letters patent or charter, (which shall be a surrender and acceptance thereof) shall thereupon be a body corporate hereunder, and be entitled to, and possessed of, all the privileges, immunities, franchises and powers conferred by this act upon corporations to be created under the same, and all the property, rights, easements and privileges belonging to said associations and corporations theretofore acquired by gift, grant, conveyance, municipal ordinance, or assignment, upon such acceptance as aforesaid, shall be and hereby is ratified, approved, confirmed and assured unto such acceptors and corporations with like effect, ratified and conand to all intents and purposes as if the same had been originally acquired by and under the authority of this act; and such company or corporation shall thereafter be governed solely by the provisions of this act. And the governor shall forthwith issue to the said acceptors letters patent under this act, under the same name as the company bore which surrendered its charter or letters patent: Provided, That this section shall only apply to associations or corporations actually engaged in the transportation and supply of natural gas, or the supply of heat from the same, at and prior to the passage of this act: And provided further, That such corporations surrendering their charters and accepting the provisions of this act shall, with such acceptance and as a part thereof, state in writing the place or places where it is presently intended to mine for and

And thereupon prior rights &c.,

firmed.

New corporation to be governed solely

by this act. Governor to issue old name.

letters patent under

Act to apply only to engaged in business at date of its pass

companies actually

age.

Contents of the cerance.

tificate of accept

Bonus previously

produce or receive natural gas, and the place or places to which it is to be presently supplied, the general route of its pipe lines, the term for which the corporation is to exist, the amount of its capital stock, and the number and par value of its shares.

SECTION 15. Any association within the provisions of secpaid to be credited. tion fourteen shall, upon filing its written acceptance as therein provided, become and be entitled to a credit from the Commonwealth to the amount of any bonus previously paid.

Corporations accepting not to enter cities or boroughs without assent of councils, except where they had begun supplying nat

SECTION 16. That this act shall not be so construed as to permit any corporation, accepting its provisions under and by virtue of section fourteen hereof, to enter into any city or borough without the assent of councils, except where ural gas within such the corporation, so accepting under section fourteen, had, to some extent prior to the passage of this act, begun supplying natural gas within such city or borough or had laid pipes for such purpose therein.

city or borough,

prior to passage of act.

Consolidation of

two or more com

panies existing un

ized.

Reasons for consol

idation must be submitted, in writ

ing, to the governor

and be approved by

him.

SECTION 17. Any two or more companies existing under this act may, with the consent of a majority of the stock der this act author- holders in value in each, consolidate with each other into one corporation under such name as may be agreed upon filing a certificate to such effect in the office of the Secretary of the Commonwealth, and, thereupon, such consolidated company shall have, possess and enjoy all the rights, powers, privileges, property, immunities and franchises which were of each said companies: Provided, That before any such consolidation shall take place the reasons therefor shall be submitted in writing to the Governor of the Commonwealth, and the same shall be approved by him before the consolidation shall be consummated. Notice of the proposed consolidation, and the submission of the reasons therefor to the Governor, shall be given by publication in a newspaper of general circulation printed in the county where the general offices of the companies proposing to consolidate are situate. No consolidation shall be valid unless made in the manner prescribed herein, and consolidations, except as herein provided, are hereby declared to be void, and any such shall work a forfeiture of the franchises of the offending companies as well as the stock and property in the same of the stockholders consenting to such attempted consolidation to the Commonwealth.

Notice of intention must be published in each county.

Consolidation void unless made as prescribed herein.

Willfully injuring

or interfering with

misdemeanor.

SECTION 18. If any person shall willfully and maliciously pipes &c., deemed a break, injure and destroy any of the pipes, conduits or other works or machinery of any natural gas company, or shall willfully and maliciously interfere with said pipes, conduits or works so as to interrupt the business of any such company, such person or persons shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding two hundred dollars, or suffer an imprisonment not exceeding one year, or both or either in the discretion of the court.

Penalty.

Taxes, same as im

posed by general corporation or rev

enue laws.

be plugged &c., and manner designated.

SECTION 19. Corporations authorized and formed under this act shall pay into the State Treasury for the use of the Commonwealth such taxes as now are or hereafter may be imposed upon corporations, under the general corporation or revenue laws of this Commonwealth. SECTION 20. That whenever any well shall have been put Abandoned wells to down on lands of any company authorized by this act for the purpose of exploring for, or producing gas, upon abandoning or ceasing to operate the same the company shall, before drawing the casing, fill up the well with sand or rock sediment to the depth of at least twenty (20) feet above the gas bearing rock, and drive a round seasoned wooden plug at least two feet in length, equal in diameter to the diameter of the well below the casing, to a point at least five feet below the bottom of the casing, and immediately after the drawing of the casing shall drive a round wooden plug into the well at the point just below where the lower end of the casing shall have rested, which plug shall be at least three feet in length, tapering in form, and to be of the same diameter at the distance of eighteen inches from the smaller end of the diameter of the well below the point at which it is to be driven. After the plug has been properly driven there shall be filled in on the top of the same sand or rock sediment to the depth of at least five feet.

tion.

SECTION 21. Any company which shall violate the provi- Penalty for violasions of the preceding section shall be liable to a penalty of two hundred ($200) dollars to be recovered as debts of like amount are by law recoverable.

SECTION 22. Whenever any company shall neglect or refuse to comply with the provisions of this act with regard to plugging wells, any owner of lands adjacent, or in the neighborhood of, such unplugged well, may enter and take possession of said abandoned well and plug the same as provided by this act at the expense of the company whose duty it may have been to plug the same.

On neglect or re

fusal, owners of ad-
jacent lands may
abandoned wells
the expense of the
company.

take possession of

and plug them at

SECTION 23. All acts or parts of acts inconsistent with Repeal. the provisions of this act be and the same are hereby repealed.

APPROVED-The 29th day of May, A. D. 1885.

ROBT. E. PATTISON.

No. 33.

AN ACT

To provide for the better government of cities of the first class in this

Commonwealth.

SECTION 1. Be it enacted, &c., That on and after the first Monday of April, one thousand eight hundred and eightyseven, in cities of the first class in this Commonwealth, the

Executive power and in the several

vested in the mayor

departments.

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