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construed or held to confer any other right than the relinquishment of the public rights and the consent of the people to the construction of such pipe line, and shall not affect any private right.
§ 4. Right to enter upon lands.— When any corporation formed as aforesaid has fully completed its organization, the said corporation, its agents or employees shall be authorized to enter upon any lands for the purpose of making surveys, and to agree with the owner of the property as to the amount of compensation to be paid such owner for the right of laying and maintaining pipes for conveying natural gas on or beneath the surface of said lands.
§ 5. Survey and map.—Before entering upon or using any lands for the purpose of conveying natural gas as aforesaid, the said corporation shall cause a survey and map to be made, of the proposed route of said pipe line, by, and on which the lands of each owner and occupant through which the same may run shall be designated, which map shall be signed by the president of said corporation and its secretary; and be filed in the office of the county clerk of the county in which the lands are situated; and the said corporation, by any of its officers, agents and servants, may enter upon any lands for the purpose of making such survey ·
$ 6. Acquisition of title to lands by condemnation.— In all cases where the said corporation shall be unable to agree with the person owning, or having an interest in any lands, for the right to lay gas pipes through the same, the supreme court, at any special term thereof, held in the judicial district in which lands are situated, shall, on application of the said corporation, after ten days written notice, personally served on such person, or where such notice cannot be personally served within this state, or such person shall be incapacitated from receiving personal notice, then by service in such manner as the court shall direct, appoint three disinterested citizens of the county in which such lands are situated, who shall be freeholders, as commissioners, to determine the damage sustained by each of said persons, by reason of the use of his or her lands, for the purpose above recited. Such commissioners shall take the oath required by the constitution of public officers, and shall personally examine each parcel of land proposed to be used, and shall estimate and report to said court at any term thereof held in said judicial
district, on ten days' notice served as aforesaid, on the parties in interest, the several sums which they shall decide to be just compensation to such owners, or person interested, for the use of such property as aforesaid. Such commissioners may examine witnesses upon hearing before them, and shall have power to administer oaths to such witnesses, and all the evidence they shall take shall accompany their report to the court. On the presentation of such report the said court may confirm or amend, or appoint new commissioners, who shall proceed in like manner as the first commissioners, and whose reports, subject to amendment as aforesaid, shall be final, and shall be confirmed by said court. Said commissioners shall receive from the said corporation the sum of three dollars per day each, for the time employed by them in the performance of their duties, together with the amount which they shall certify, on their oaths as correct, in their said report, for incidental expenses connected with their work, including the preparation of said report.
§ 7. Compensation must be first paid. — Whenever any report of such commissioners shall have been confirmed by the said supreme court, the said corporation may deposit, as the court direcis, or pay to the said owners or persons, as the court directs, the sum mentioned in said report, in full compensation for the right or easement so required and thereupon the said corporation shall be seized of said easement and discharged from all claim by reason of such appropriation and use.
LAWS 1896, CHAPTER 446. AN ACT to authorize electric light companies in towns or vil
lages of this state to acquire real estate. § 1. Acquisition of realty by electric light company in town or village.—Any electric light company in any town or village in this state having a contract with any town or incorporated village for the lighting of streets, parks, squares or public buildings in any town or village, shall have the right and is hereby vested with the power and authority to acquire such real estate as may be necessary for the purposes of its incorporation, or acquire the right of way through any property in the same manner as is now vested by law in waterworks companies. Such real estate or right of way to be acquired in the manner and form prescribed by the general condemnation law of this state.
LAWS 1886, CHAPTER 40.
AN ACT relating to telegraph, telephone, electric light and other
wires and cables.
§ 1. No prescription from attachment of wire to real property.
Whenever any wire or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication otherwise than by the aid of electricity, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescription of any perpetual right, to such attachment or extension.
THE RAILROAD LAW.
LAWS 1890, CHAPTER 565. AN ACT in relation to railroads, constituting chapter thirty-nine
of the general laws.
$ 21. Powers of electric light and power corporations.—Whenever all of the stockholders of any domestic electric light and power company, incorporated under a general or special law, haying not less than five stockholders, and actually engaged in carrying on business in this state, shall execute and file, in the offices in which its original certificates of incorporation are filed, an amended certificate of incorporation, complying in every other respect than as to the number of signers and directors, who shall Riot be less than five, with the provisions of the railroad law, and in which certificate the corporate name of such corporation shall be amended by adding before the word “company," in its corporate name, the words, “and railroad," or the words, “railroad and land,” such corporation shall have the right to build, maintain and operate by electricity as a motive power, a railroad or railroads, not exceeding twenty-five miles in length, and within that distance from the power station, and shall al-i have the right to acquire the property and franchises of a railroad company or companies owning such a railroad or railroads, already constructed, and so operated, and to maintain and operate the same, provided that the directors of such railroad company or companies and all of its or their stockholders shall first have assented in writing to the transfer of the prop
erty and franchises of such railroad company or, companies, to such corporation; in which event and by the filing of such assent of directors and stockholders in the offices where the certificates of incorporation of the railroad company or companies were required to be filed, the rights, property and franchises of such railroad company or companies shall be transferred to, and shall vest in such corporation, and such corporation so acquiring such railroad or railroads shall be subject to all the provisions of chapter thirty-nine of the general laws with respect to the railroad property or properties and franchises, and shall have all the powers, rights and privileges conferred by said chapter upon railroad corporations; provided that no such corporation shall construct any railroad which is in whole or in part a street surface railroad without complying with the provisions of article four of the railroad law. Upon filing such certificate, such corporation shall also have the right to acquire by gift of by voluntary purchase and sale land not exceeding two thousand acres along the line of, or contiguous to, said railroad, and to hold, improve, lease or sell same. Whenever any such corporation shall furnish power to any water-works corporation carrying on its business in the county, or in a county adjoining that in which the operations of such corporation are carried on, it may acquire the shares of the capital stock of said water-works corporation, and, if such corporation shall become the owner of all the stock of said water-works corporation, it may, on executing and filing a certificate in accordance with the requirements of section fifty-eight of the stock corporations law, become possessed of all the estate, rights, property, privileges and franchises of such water-works corporation, with the effect provided in said section fifty-eight. This section shall not confer any powers upon any corporation located in, or authorize the construction, maintenance or operation of a railroad in a city of the first or second class, except in that part of any city of the first class which is or may be situate in a county of less than one hundred thousand inhabitants, according to the last preceding enumeration for the national census. (As amended by ch. 731, L. 1901.)
THE GENERAL CITY LAW.
LAWS 1900, CHAPTER 327. AN ACT in relation to cities, constituting chapter twenty-two of
the general laws. Section 130. Contracts with corporations for supply of gas.The municipal officers authorized by law to contract in behalf of any city of the first class, for the lighting of its streets may, from time to time, in the manner, upon the terms and with the conditions hereinafter provided, contract in behalf of such city with any corporation or corporations then supplying gas therein for a supply of gas to such city, for and during such specified period not exceeding fifteen years as shall by such municipal officers be deemed to be for the best interests of such city and of the inhabitants thereof.
S 131. Letting of contract to be public.— Every such contract shall be let at public letting as required by law, and as a consideration for the execution and performance thereof shall expressly provide for and secure to such city, prices lower than are now prescribed therein by law, and a progressive reduction in such price for each year during the continued performance of such contract and also adequate assurance of the continuing mutual performance of such contract according to the conditions thereof, with proper indemnity to either party to such contract against any possible violation, impairment, abrogation or suppression thereof, within the term specified.
§ 132. Contract to provide for reductions of price.-- Every such contract shall also provide and require that during the term therein specified the corporation party thereto may and shall supply gas to the inhabitants of such city at prices lower than those now or then charged therein by such corporation party thereto and progressively lower for each year of such term; any company or corporation bidding for such contract shall specify such several prices and reductions of price for the several classes and terms of gas supply, and the same shall be considered in the award of any such contract to the bidders or bidder therefor, and the corporation receiving any such contract shall be entitled to charge and collect the prices therein specified during the continuance thereof. Nothing in this acticle contained is intended or shall be construed to affect or impair any existing right or contract except with the consent of the parties to any such contract.