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MISSOURI.

REVISED STATUTES OF MISSOURI, 1879.

Vol. I., chap. 21, art. 8.

§ 951. Gas and water companies, powers of. Any corporation formed under the provisions of this article, for the purpose of supplying any town, city, or village with gas or water, shall have full power to manufacture and sell, and to furnish, such quantities of gas or water as may be required in the city, town, or village, district or neighborhood, where located, for public or private buildings, or for other purposes; and such corporation shall have the power to lay conductors for conveying gas or water through the streets, lanes, alleys, and squares of any city, town, or village, with the consent of the municipal authorities thereof, and under such reasonable regulations as said authorities may prescribe.

§ 952. Authority of municipality to contract. The municipal authorities of any city, town, or village are hereby authorized to contract with any such corporation for the lighting by gas or supplying with water the streets, lanes, alleys, squares and public places in any such city, town, or village. The municipal authorities of any city, town, or village, in which any water company shall be organized under this article, may contract with any such company for the purpose of supplying with water the streets, lanes, alleys, squares, and public places in any such city, town, or village, for any length of time which shall be agreed upon between such city, town, or village and such company, for a term not to exceed twenty years; and the provisions of this section shall apply to all cities, towns, and villages in this State, whether organized by special charter or under the general laws of the State, any provisions in any special charter of any city, town, or village in the State to the contrary notwithstanding: provided that contracts entered into under the provisions of this act shall have no legal form until the same shall be submitted to a vote of the qualified voters, at a general or special election of such city, town, or village, and shall be ratified by a two-thirds majority of the legal votes polled at said election.

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NEBRASKA.

COMPILED STATUTES OF NEBRASKA, 1881.

Chap. 77, art. 1.

§ 15. The personal property of gas companies, except the pipes laid down, shall be listed and assessed in the town, village, district, or city where the principal works are located. Gas mains and pipes laid in roads, streets, or alleys shall be held to be personal property, and listed and assessed as such in the town, district, village, or city where the same are laid.

NEVADA.

STATUTES OF NEVADA, 1877.

Chap. 56.

The people of the State of Nevada, represented in Senate and Assembly, do enact as follows:

§ 1. Any person, persons, or company desiring to supply the inhabitants of any city or town in this State with illuminating gas, shall have the license and authority to erect, within the limits of such city or town, the necessary buildings, works, and machinery for the manufacture or production of such gas; to make the necessary excavations in the public streets of such city or town, for the purpose of laying gas-pipes therein; to lay all necessary pipes, and to reopen such excavations at any time for replacement, repair, or examination of the pipes; provided that no street shall be obstructed to an unnecessary degree, or for an unnecessary period of time, by any work as aforesaid.

Approved February 26, 1877.

NEW HAMPSHIRE.

GENERAL LAWS OF 1878.

Chapter 155.

§ 1. Every aqueduct and gas-light company duly organized, and every person is empowered to enter upon, and break ground, and dig ditches in any street, highway, or common through which it may be necessary for the pipes, logs, or other material for conveying water or gas of said aqueduct or gas-light company or person to pass, for the purpose of placing such pipes, logs, or other material as may be necessary, or of repairing the same, doing no injury to such street, highway, or common; the consent of the selectmen of the town or board of aldermen, of the city in which such pipes, logs, or other material are to be laid being first obtained therefor.

§ 2. Every aqueduct and gas-light company, duly organized, and every person may also in like manner enter upon, break ground, and dig ditches upon any unaccepted street or private way, doing no injury to such unaccepted street, road, or private way, and for the purposes mentioned in the first section of this chapter.

§ 3. If in the placing of such pipes, logs, or other material, there shall be occasioned any damage to the estates of the abutters or owners of said private way or unaccepted street or road, the selectmen of any town or board of aldermen of any city shall, on notice to the corporation or person causing such damage to the applicant, view the premises, hear the parties interested, and assess such damages as may be shown, and within thirty days after the application file the same, with their doings thereon, in the office of the town or city clerk, for record, and such damages may be recovered in an action at law if not paid within thirty days.

§ 4. If the owner is aggrieved by the assessment, or if the selectmen of the town or board of aldermen of the city neglect to file the same within the thirty days as aforesaid, he may petition the Supreme Court for an assessment or increase of the

damages, and like proceedings shall be had thereon as in case of damages in laying out a highway.

§ 5. Any person who shall wantonly and maliciously injure any aqueduct, or the pipes, logs, or other property of any gaslight company, aqueduct company, or person, shall be fined not exceeding three hundred dollars, and be liable to pay treble damages to such company or person in an action on the case.

NEW JERSEY.

REVISION OF NEW JERSEY STATUTES, 1877.

Gas Companies. Vol. I. p. 460.

§ 1. That any number of persons, not less than thirteen, may form a company for the purpose of constructing, maintaining, and operating gas-works, and for that purpose may make and sign articles of association, in which shall be stated the name of the company, the number of years the same is to continue, the village, town, or city in which it is proposed to supply and distribute illuminating gas, construct, maintain, and operate the works, the amount of the capital stock of the company, and the number of shares of which said capital stock shall consist, and the names and places of residence of thirteen directors of the company, all of whom shall be residents of this State, and two thirds, at least, of whom shall be residents in the particular place where the works are to be erected, who shall manage its affairs for the first year, and until others are chosen in their places, each subscriber to such articles of association shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company; on compliance with the provisions of the next section, such articles of association shall be filed in the office of the Secretary of State, who shall indorse thereon the day they are filed, and record the same in a book to be provided by him for that purpose; and upon tendering the said articles to the Secretary of State to be filed, the persons who have so subscribed such articles of asso

ciation, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in such articles of association.

§ 2. That such articles of association shall not be filed and recorded in the office of the Secretary of State, until at least one half the amount of the entire capital stock is subscribed thereto, and twenty per centum paid thereon in good faith, and in cash, to the directors named in said articles of association, nor until there is indorsed thereon, or annexed thereto, an affidavit, made by at least seven of the directors named in said articles, that the amount of stock required by this section has been in good faith subscribed, and twenty per centum paid in cash thereon as aforesaid, and that it is intended in good faith to erect gas-worksand manufacture and sell gas to the city, village, or town as specified in the articles of association, which affidavit shall be recorded with the articles of association as aforesaid.

§ 3. That a copy of any article of association filed and recorded in pursuance of this act, or of the record thereof, with a copy of the affidavit aforesaid indorsed thereon or annexed thereto, and certified to be a copy by the Secretary of this State, shall be presumptive evidence of the incorporation of such company, and of the facts therein stated.

§ 4. That when such articles of association and affidavit are filed and recorded in the office of the Secretary of State, the directors named in such articles of association may, in case the whole of the capital stock is not before subscribed, continue to receive subscriptions until the whole capital stock is subscribed; the capital stock of any corporation organized under this act shall not be less than five thousand dollars for every one thousand of the population of the village, town, or city in which it is proposed to erect the works, or to lay pipes in order to supply said village, town, or city with illuminating gas, the number of the population to be taken from the latest census of the population, whether the same was made by the general or State government; at the time of subscribing every subscriber shall pay to the directors twenty per centum on the amount subscribed by him, in money, and no subscription shall be received or taken without such payment.

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