Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

ments.

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.

$ 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 masat 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 eight- corporaeenth chapter of the first part of the Revised Statutes, have power:

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- to makes 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 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 To purmay be necessary for the purposes of its corporation.

property. 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.

of

tions.

line.

manner and com

Line to be

Liable as common

To convey 5. To take and convey through pipes, any property, substance or possible. product capable of transportation in pipes, by any force, power or me.

chanical agency, and to erect and maintain all neeessary and convenient buildings, stations, fixtures and machinery for the purposes of

their incorporation, To regu

6. To regulate the time and manner in which property shall be late time,

transported over their pipeline, and the compensation to be paid therefor, pensation

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.

7. Any pipe line constructed by any company formed under this public use. 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 snch 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 storage.

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 con

signee, 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 regulation 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 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.

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 Penalty company, and any officer, agent or manager of any pipe line company

organized under this act, who shall knowingly neglect or refuse to tion. 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

Discrimination.

for discrimina

to be loca

joining owners

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

$ 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 through 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 les, 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.

§ 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 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 company shall keep such lands substantially enclosed they shall construct is enand provide all suitable and necessary crossings with gates for the closed. 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.

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.

8 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.

8 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.

Crossings where line

erty.

Punishment for injury to

may bor

row mon

sue

Oil companies

under this act.

8 38. Any person who shall willfully injure or destroy any pipe or

other property of such company shall be guilty of a misdemeanor, and property. on conviction thereof, may be punished by fine, not exceeding one

thousand dollars, or by imprisonment not exceeding six months, or by

both such fine and imprisonment, in the discretion of the court. Company 8 39. Any company formed under this act may, from time to time,

borrow such sums of money as may be necessary for completing and ey and is- finishing or operating their pipe line, and may issue and dispose of bonds. their bonds for any amount so borrowed, and may secure payment

thereof by a mortgage upon their corporate real and personal property and franchises, and may confer on any holder of any bond issued for money borrowed for the purposes aforesaid, the right to convert the principal due or owing thereon into common stock of said company at any time within ten years after the date of such bond, under such reg. ulations as the directors may see fit to adopt, but no such company shall borrow money for any purpose not mentioned in this section.

§ 40. Any company heretofore organized under the provisions of formed

chapter one hundred and thirteen of the laws of one thousand eight under ch hundred and seventy-five, on filing in the office of the secretary of state * 1875, may

a certificate signed by all the directors of said company, setting forth reorganize the date of such organization, the places from and to which they pro

pose to construct their pipe line, the length of the same, and the amount of the capital stock of said company, as already fixed and that said company desires to become reincorporated under the provisions of this act, which certificate shall be verified by the president of such company, to the effect that all statements therein contained are true to his own knowledge; such company shall thereupon be and become a body corporate under the provisions of this act, and shall have all the powers and be subject to all duties and liabilities of corporations organized under this act, and shall be invested with and take, hold and convey any and all real estate and property owned by such company as fully and amply and to all intents and purposes the same as if said real estate and property had been purchased or acquired by such company after reorganization under the

provisions of this act. Monthly 8 41. It shall be the duty of every corporation organized under this

act to make monthly a specific statement showing the amount of all commodities received, the amount delivered during the month, and the stock on hand on the last day of each month of the year, and how much of said stock is represented by outstanding certificates, vouchers, receipts or orders, and how much in credit balances on the books of the said corporation. Such statement shall be made on or before the tenth day of the succeeding month, and sworn to by the president and secretary of the corporation that the same is in all respects true and correct; and such statement shall be filed within three days thereafter, in the county clerk's office in the county where the principal office of said corporation is located, and a true copy of the same posted in a conspicuous place in the office of said corpora

tion for at least thirty days thereafter. Property § 42. No receipt, certificate, voucher, or order of any kind shall be not to be made, accepted or issued by any corporation formed under this act, for until'in for any commodity unless the said commodity represented by such

receipt, certificate, voucher or order is actually in possession of said corporation at the time of such making, issuing or acceptance. Whenever any corporation formed under this act shall have parted with the possession of any commodity, and received therefor any order,

statement.

possession.

etc., to be

tion.

be amend

voucher, receipt or certificate, such order, voucher, receipt or certifi- Vouchers,

receipts, cate shall not be issued or used again, but shall be canceled with the word “ canceled” stamped or printed legibly across the face thereof, canceled. and such canceled order, voucher, receipt or certificate shall be filed and preserved by said corporation and a record of the same kept by the secretary of said corporation. No petroleum or other commodity Property received for transportation by said corporation shall be delivered to to be deany person or persons without the presentation and surrender of all only on vouchers, receipts, orders or certificates that have been issued or of vouchaccepted for the same. Any person willfully violating the provisions ors. of this section shall be guilty of a misdemeanor, and, on conviction, for violapunished according to law.

§ 43. No corporation formed under the provisions of this act shall Act may be held or deemed to have acquired any vested rights thereunder as ed. against the people of this state, but all companies so formed shall be subject to any and all changes made by any amendment hereto.

§ 44. It shall be the duty of the president and secretary of every Annual corporation formed under this act, to report annually in the month report. of January in each year, to the state engineer and surveyor under oath, the amount of capital stock of the company, the amount actually paid in, the amount of all money expended during the year ending on the thirty-first day of December next proceeding the time of making such report, specifying the purposes for which such moneys have been expended, the amount received during such year, from all sources, specifying such sources the amount of dividends made and the amount of the indebtedness of such company, stating the object for which the indebtedness accrued a detailed statement of all the property of such company stating the nature and value thereof, and such particulars in respect to the business affairs of such company as the said state engineer and surveyor, or the legislature or either branch thereof, require to be so reported, and every corporation Penalty, formed under this act which shall neglect to make such report as for répoing hereby required, shall forfeit to the people of this state, for every such neglect, the sum of two hundred dollars; and for every week, such corporation shall neglect to make such report, after the expiration of the time within which it is required as aforesaid, to make the same, it shall forfeit as aforesaid the further sum of fifty dollars. The state engineer and surveyor shall report to the attorney-general every such forfeiture by whom the same shall be sued for and recovered, with the costs, in the name of the people, and the certificate of the said state engineer and surveyor of any such neglect shall be presumptive evidence thereof.

8 45. The provisions of this act shall not apply to the city of New York.

8 46. This act shall take effect immediately.

« ΠροηγούμενηΣυνέχεια »