ation, or what if any alteration should be made in such line, and whether any alteration should or should not be made; and such justice shall thereupon make such order as he shall deem proper in relation to such alteration, and shall therein determine the location of such line, which order shall also fix and adjust the costs, fees and charges of the commissioners, and the costs and charges of the proceedings, and direct by which party the same or any portion thereof shall be paid, and may enforce payment thereof by proceedings as for a contempt of court, for refusal to pay costs ordered paid by an order of the court. Every such order shall be final as to the location of the line upon lands embraced in the order.

control

§ 24. In all cases of appraisal, and in all proceedings before or in Court may any court authorized by this act, in which the mode or manner of con- proceedducting the same is not particularly or expressly provided herein, the ings. court before whom such proceedings may be pending shall have power to make all necessary orders and give the proper directions to carry into effect the objects and intent of this act, conforming the same, as Lear as may be, to the ordinary practice of the court.

way cross

§ 25. Whenever any line of pipe constructed by any company Railroad formed under this act shall necessarily cross any railroad, highway, and highturnpike or plank road, such line of pipe shall be made to cross under ings. such railroad, highway, turnpike or plank road, and in such manner as to injure the same as little as practicable, and unless the right to cross the same shall be acquired by agreement, compensation shall be ascertained and made to the owners thereof (or to the public in case of highways), by appraisal, in the manner prescribed by this act, but no exclusive title or use shall be so required as against any railroad, turnpike or plank road company, nor as against the rights of the people of this state in any public highway, but the rights acquired shall be a common use of the lands in such manner as to be of the least practical injury to such railroad, turnpike, plank road or public highway, consistent with the necessary use thereof by such pipe line company, for the uses and purposes of its incorporation, and nothing in this act Limitation contained shall be construed to authorize the taking or use of any road. lands, fixtures or erections of any railroad company or the right to acquire the title or use, or right to run along or upon the lands of any railroad company, except for the purpose of directly crossing the same when necessary, except by agreement with such railroad company.

as to rail

§ 26. No pipe line shall be constructed upon or across any of the Across and along canals belonging to the people of this state, except by the consent and canals. in the manner and upon the terms prescribed and approved by the superintendent of public works. Except that such pipe line may be constructed across any such canal, upon any fixed bridge across the same, by the consent of the individual for whose benefit the said bridge is constructed and maintained, or upon a fixed bridge over such canal, at the crossing of a public highway, with the consent of the public officers in charge, or of the municipal authorities of any city where such pipe may be required to be laid across any bridge over the canals therein, as hereinafter provided, in relation to lands in public highways. The pipes of the pipe line companies organized for the conveying or transporting therein of petroleum, gas, liquids or any products or property shall not be laid through any of the canals or along the banks of any of the canals of this state, nor shall any such pipes be laid through or Rivers and under any of the rivers or creeks of this state, unless such pipes shall Creeks. be encased so as to prevent leakage, in such manner as shall meet the approval of the state engineer and surveyor.

Over Indian Re

§ 27. It shall and may be lawful for any pipe line company formed servations. under the provisions of this act to contract with the chiefs of any nation of Indians over whose lands it may be necessary to construct their pipe line, for the right to construct such pipe line upon such lands, but no such contract shall vest in such pipe line company the fee of such lands, nor the right to occupy the same for any purpose other than what may be necessary for the construction and operation and maintenance of such pipe line, and no contract made with any such Indian chiefs for the purposes of the incorporation of such company shall be valid or effectual until the same shall be ratided by the county court of the county in which such lands are situated.

Across or along

§ 23. No pipe line shall be constructed across, along or upon any highways. public highway, without the consent of the commissioners of highways of the town in which such highway is located, upon such terms as may be agreed upon with such commissioners, or upon the order of the general term of the supreme court of the department in which such highway is situated, made upon petition and notice to the commissioners of highways of such town, according to the practice or order of the court, or an order to show cause, and in such manner and upon such terms as shall be ordered by such court.

How constructed through villages

and cities.

§ 29. No pipe line shall be constructed into or through any incorporated village or city in this state, unless the same be sanctioned by two-thirds of the common council of such city, or trustees of such village, by a resolution adopted at a regular meeting of such common council or board of trustees, which resolution shall prescribe the route, manner of construction and the terms upon which consent is granted; and nothing in this or the preceding section shall be construed or held to confer any other right that the relinquishment of the public right and the consent of the people to the construction of such pipe line, and shall not affect any private right. No pavement shall be removed in any of the cities of this state for the laying of pipes, under the provisions of this act unless the same is done under the direction of the common council of the cities through which the pipes are to be laid, nor until any of the pipe line companies incorporated under the provisions of this act, shall give a bond in such sum as the common council may require for the replacing of any pavements that shall have been removed for the laying of the pipe. In case any pipes shall have been removed and not properly relaid, the common council may bring suit in any court of record of this state, for the cost of relaying any of such pavement against any of said pipe line companies. No gas-houses shall be erected in any city in this state under the provishouses in ions of this act, for supplying gas to the inhabitants, unless consent is first given by the corporate authorities of any of said cities.

Gas

cities.

Grants of land be

longing to the state.

How title acquired to land

vested in

§ 30. The commissioners of the land office shall have power to grant to any pipe line company formed under this act any lands belonging to the people of this state which may be required for the purpose of its incorporation on such terms as may be agreed on by them, or such company may acquire title thereto by appraisal, as in the case of lands owned by individuals, and if any lands owned by any county, city or town is required by such company for such purposes, the county, city or town officers having charge of such lands may grant such lands to such company upon such terms and for such compensation as may be agreed on.

§ 31. In case any title or interest in lands required by any company formed under this act for the purpose of its incorporation, shall be vested in any trustee not authorized to sell, release and convey the

infants,

same, or in any infant, idiot or person of unsound mind, the supreme trustees, court shall have power by a summary proceeding, on petition, to au- etc. thorize such trustee or the general guardian or committee of such infant, idiot or person of unsound mind, to sell and convey the same to such company on such terms as may be just; and in case any infant, idiot or person of unsound mind has no general guardian or committee, the said court may appoint a special guardian or committee for the purpose of making such sale, release or conveyance, and may require such security from such general or special guardian or committee as said court may deem proper. But before any conveyance or release authorized by this section shall be executed, the terms on which the same is to be executed shall be reported to the court on oath, and if the court is satisfied that such terms are just to the party interested in such real estate, the court shall confirm the report and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of said land having legal power to sell the same.

ease

§ 32. Any company formed under this act may acquire title in any Title in easement upon lands or any interest therein less than the fee and ments. which may be necessary for the purposes of its incorporation, in all cases where such easement or interest is owned by any person or class of persons other than the owner of the fee in the manner provided in this act. But in every such case the petition for the appointment of cominissioners of appraisal in addition to the facts required in case of appraisal of the fee of the land, shall set out and show all the facts in relation to such easement or interest, and the court may by a reference ascertain the truth of all such allegations and whether all facts necessary to a proper determination therein are alleged, and require other necessary facts or proofs to be supplied or other proper or necessary parties to be brought in before appointing commissioners of appraisal. And such court shall have full power to protect the interests and rights of all parties therein, according to the practice of the court. § 33. Every corporation formed under this act shall in addition to Additional the powers conferred on corporations in the third title of the eighteenth chapter of the first part of the Revised Statutes, have power:

powers of corporations.

to make

1. To cause such examinations and surveys of its proposed line of To enter pipe to be made as may be necessary to the selection of the most ad- on lands vantageous route, and for such purpose by its officers or agents and surveys. servants may enter upon the lands and waters of any person upon, through or across which such company can construct their line of pipe by the provisions of this act. Subject, however, to liability for all actual damage which shall be done thereto.

2. To take and hold such voluntary grants of real estate and other To take property as shall be made to it to aid in the construction, maintenance, voluntary grants. operating and accommodations of its pipe line. but the real estate acquired by purchase or voluntary grant shall be held and used for the purposes of such grant only.

3. To purchase and hold all such real estate and other property as may be necessary for the purposes of its corporation.

To purchase property.

line.

4. To lay out its pipe line route, not exceeding twelve feet in width, width of except that at the terminations of such pipe line, and at all receiving and discharging points, and at all places where machinery may properly or necessarily be set up for the operating of such pipe line, such company may take such additional width, and for such length as may be proper.

To convey 5. To take and convey through pipes, any property, substance or ny thing possible product capable of transportation in pipes, by any force, power or mechanical agency, and to erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the purposes of their incorporation.

To regulate time,

manner

and compensation

6. To regulate the time and manner in which property shall be transported over their pipe line, and the compensation to be paid therefor, but such compensation shall not exceed the sum, or be above the rate for trans- of twenty-five cents per one hundred miles, for the transportation of forty-two gallons of any product transported on lines of one hundred miles in length or over, which shall be reckoned and adjusted upon the quantity or number of gallons delivered by such company at the point to which such company shall have undertaken to deliver the same.

portation.

Line to be open to public use.

storage.

7. Any pipe line constructed by any company formed under this act, shall be open for transportation to the public use, and all persons desiring to transport products through such pipe line, shall have the absolute right to such transportation in the order of application therefor, on complying with the general requirements of such company, as to delivery for and payment of such transportation, and no application for such transportation shall be a valid application, beyond or for a greater quantity of products than such applicant shall then own and To provide have ready for delivery for transportation to such companies, and every such company shall provide suitable and proper and necessary receptacles for receiving all such products for transportation, and for storage at the place of delivery, until the same can reasonably be moved by the consignee, and shall be liable as common carriers therefor, from the time carriers. the same is delivered for transportion until a reasonable time after the same has been transported to the place of consignment, and ready for delivery to the consignee. which time shall be fixed by general regu lation by such company, and shall not be less than two days, from and after the time the same shall be ready for delivery to such consignee, Rates and and notice thereof given to such consignee; and all rates and charges of every description, for or on account of or in any manner connected with the transportation of any products, shall be fixed by such company by general rules and regulations, which shall be applicable to all parties who shall transport any products through such pipe line, or deliver or contract to deliver products for transportation.

Liable as common

charges.

Discrimination.

Penalty for discrimination.

Such rules and regulations shall be in writing or printed and exposed to public view, and at all times open to public examination. The intention of this act being that absolute equality shall be had by and between all parties transporting any products by any pipe line. company, and any officer, agent or manager of any pipe line company organized under this act, who shall knowingly neglect or refuse to transport any product delivered for transportation, according to such general rules and regulations, or to accept and allow a delivery thereof in the order of application, as above provided, or who shall charge for such receiving, transportation and delivery more than the sum fixed by such general rules and regulations, or shall accept or agree to accept less than the amount fixed in such general rules and regulations, or shall allow or pay, or agree to allow or pay, or suffer to be allowed or paid or repaid, any drawback or rebate or allowance in any manner, so that any person or party shall, by any device, have or procure any transportation of products over such pipe line at any less rate, cost, expense or charges than is expressed in such general rules and regulations, shall be guilty of a misdemeanor, and, on conviction by any court of competent jurisdiction, shall be punished by a fine not exceeding one.

thousand dollars or imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

to be loca

through

yards,

§ 34. No company formed under the provisions of this act shall Line not locate or construct any line of pipe or pipe line through or under any ted building, dooryard, lawn, garden or orchard, except by the consent of or under the owner thereof in writing duly acknowledged before some officer buildings, duly authorized to take acknowedgment of deeds, and no pipe line cemetershall be constructed through any cemetery or burial ground, nor ies, etc. within one hundred feet of any building, except that in cases where such line is authorized by public officers to be laid across or upon any public highway, or where the same is laid across or upon any turnpike or plank road, the above restriction shall not be applicable, and in all cases hereby excepted. No pipes shall be laid for the pur- When line pose of carrying petroleum, gas, or other products or property through laid or under any of the streets in the cities of this state, unless the said through or pipe line companies incorporated under the provisions of this act, streets. shall first obtain the consent of a majority of the property owners on the streets which may be selected for the laying of pipes of any pipe line company. Such pipe line shall be located with all reasonable care and prudence, so as to avoid danger from bursting the pipes.

may be

under

is not en

owners

§ 35. It shall not be necessary for any pipe line company to fence Where line the lands acquired by them for the purposes of their incorporation. closed, adBut if such lands be not enclosed by a substantial fence, the owner or joining owners of the adjoining lands from whom such lands were obtained, may use. their heirs or assigns, may occupy and use such lands in any manner not injurious to the interests of such company and shall not be liable to such company therefor, or for any trespass upon such lands, except for willful or negligent injuries to such company's pipes, fixtures, machinery, or any personal property thereon. And in case such com- Crossings pany shall keep such lands substantially enclosed they shall construct is enand provide all suitable and necessary crossings with gates for the use and convenience of any owners of lands adjoining the portions of lands of such company so enclosed, and no claim shall be made by such company against any owner of adjoining lands to make or contribute to the making or maintaining of any division fence between such adjoining lands and the lands of such company.

where line

closed.

In all cases where such company shall neglect to keep and maintain Fences. substantial fences along their lands, the owners of adjoining lands may construct and maintain all farm or division fences, and all line fences crossed by such pipe line in the same manner as though such company had not acquired such lands for such pipe line, and such company shall be liable for all injuries to such fences caused or done by any person acting for any officer or agent of such company, or by any laborer in their employ or in the employ of a contractor under such

company.

erty.

36. The real estate and personal property belonging to any com- Taxation pany formed under this act, in this state, shall be assessed and taxed of propin the several towns, villages and cities in the same manner as the real estate and personal property of railroad corporations are assessed and taxed, and such company may commute therefor and pay the same in the same manner as railroad corporations.

tate in

§ 37. Any company organized under the provisions of this act may Real estake and hold any real estate in any other state, province or kingdom, other which may be taken or acquired in any such state, province or king- states. dom, in pursuance of the laws thereof.