PURDON'S ANNUAL DIGEST, 1873-1878, p. 1878.

Penn. Statutes, Act of 1874. Gas and Water Companies.

§ 1. Companies incorporated under the provisions of this statute for the supply of water to the public, or for the manufacture and supply of gas, or the supply of light or heat to the public by any other means, shall, unless otherwise provided by this act, from the date of the letters-patent creating the same, have the powers and be governed, managed, and controlled as follows:

§ 2. Where any such company shall be incorporated as a gas company, or company for the supply of heat or light to the public, it shall have authority to supply with gas-light the borough, town, city, or district where it may be located, and such persons, partnerships, and corporations residing therein, or adjacent thereto, as may desire the same, at such price as may be agreed upon; and also to make, erect, and maintain therein, the necessary buildings, machinery, and apparatus for manufacturing gas, heat, or light from coal or other material, and distributing the same; with the right to enter upon any public street, lane, alley, or highway, for the purpose of laying down pipes, altering, inspecting, and repairing the same, doing as little damage to said streets, lanes, alleys, and highways, and impairing the free use thereof, as little as possible, and subject to such regulations as the councils of said borough, town, city, or district may adopt in regard to grades, or for the protection and convenience of public travel over the same.

§ 4. The right to have and enjoy the franchises and privileges of such incorporation within the district or locality covered by its charter shall be an exclusive one; and no other company shall be incorporated for that purpose until the said corporation shall have, from its earnings, realized and divided among its stockholders, during five years, a dividend equal to eight per centum per annum upon its capital stock. Provided, that the said corporations shall at all times furnish, pure gas and water; and any citizen using the same may make complaint of impurity

or deficiency in quantity, or both, to the court of common pleas of the proper county, by bill filed, and after hearing parties touching the same, the said court shall have power to make such order in the premises as may seem just and equitable, and may dismiss the complaints, or compel the corporation to correct the evil complained of.

§ 6. If any person or persons shall open a communication into the water or gas main, or other pipe of said company, without authority from the inspector or other authorized agent of said company, or shall let on the water or gas, after either shall have been stopped by order of said inspector or authorized agent of said company, for repairs or any other cause or purpose, or shall put up any hydrants, pipes, or burners, in addition to those originally put up and inspected, and introduce into them water or gas, as the case may be, without authority as aforesaid, he, she, or they shall be subject to a penalty of not less than ten nor more than one hundred dollars, recoverable before any alderman or justice of the peace of the proper county, as debts of like amount are by law recoverable, one half to be paid to the informer, and one half to the company.

§ 7. If any person shall wilfully or maliciously do, or cause to be done, any act or acts whatever, whereby any building, construction, reservoir, or works of said company, or any water or gas pipe, gas post, burner, or reflector, or any matter or thing appertaining to the same, shall be stopped or obstructed, injured, contaminated, or destroyed, the person or persons so offending shall be considered guilty of a misdemeanor and may therefor be indicted in the court of quarter sessions of the proper county, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or be imprisoned not exceeding one year, or both, at the discretion of the court. Provided, That such criminal prosecution shall not in any way impair the right of said company to a full compensation in damages by civil suit.

§ 8. It shall be lawful at any time after twenty years from the introduction of water or gas, as the case may be, into any place as aforesaid, for the town, city, borough, or district into which the said company shall be located, to become the owners

of said works and the property of said company, by paying therefor the net cost of erecting and maintaining the same, with interest thereon at the rate of ten per centum per annum, deducting from said interest all dividends theretofore declared; provided that nothing in this section contained shall authorize a company incorporated under the provisions of this act to construct gas or water works within the limits of any municipality, when gas or water works shall have been constructed by said municipality without the lawful consent of the corporate authorities thereof: and provided further, that the court of common pleas of the proper county shall have jurisdiction and power upon the bill or petition of any citizen using the gas or water of any of said companies to hear, inquire, and determine as to the charges thereof for gas or water so furnished, and to decree that the said bill shall be dismissed, or that the charges shall be decreased, as to the said court may seem just and equitable, and to enforce obedience to their decrees by the usual process.

§ 9. That the proviso in the third section of the act to provide for the incorporation of gas and water companies, approved the eleventh day of March, 1857, which is as follows: "That each stockholder shall be entitled to one vote for each share of stock not exceeding ten shares, and one vote for every five shares exceeding that number," be and the same is hereby repealed.

§ 10. It shall be lawful for each stockholder of the capital stock of any gas or water company, made subject to the provisions of the act to which this is a supplement, to cast one vote for each share of stock so held by any such stockholder, at any and at all elections held by any of said companies.

Acts of 24th March, 1877, and 18th May, 1878. Purdon's Annual Digest, p. 2131.

§ 1. It shall be lawful for any gas company or water company incorporated under the provisions of the act of the general assembly of this Commonwealth, entitled, "An act to provide for the incorporation and regulation of certain corporations," approved the 29th day of April, Anno Domini, 1874, to borrow

any sums of money not exceeding in the aggregate one half of the capital stock of such company paid in, at a rate of interest not exceeding amounts now allowed by law, and issue bonds therefor, with coupons or interest warrants attached, and secure the payment of such bonds and interest warrants by a mortgage, to a trustee or trustees, of all its real and personal property, rights, privileges, and franchises.

§ 2. The stockholders of any company incorporated under the provisions of said act shall choose by a majority of votes a president and five managers; each stockholder shall be entitled to one vote for each share of stock held by him; and the said president and managers shall appoint all other officers and agents necessary to conduct the business of such company.

§ 3. That so much of the 3d and 5th sections of the act of March 11, Anno Domini, 1857, as provides that the treasurer of such gas and water companies shall be elected by the stockholders, and all other acts and parts of such acts inconsistent herewith, be and the same are hereby repealed.

Penn. Statutes of 1881. No. 126 (supplementary to Act of 1874).

§ 1. Be it enacted, &c., that the provisions of the 3d clause of section 34 of the act approved April, 29, 1874, entitled An act to provide for the incorporation and regulation of certain corporations, which reads as follows: "provided, That the said corporations shall at all times furnish pure gas and water, and any citizen using the same may make complaint of impurity or deficiency in quantity, or both, to the court of common pleas of the proper county by bill filed; and after hearing the parties touching the same, the said court shall have power to make such order in the premises as may seem just and equitable, and may dismiss the complaints or compel the corporation to correct the evil complained of," be and the same is hereby extended and made applicable to all gas and water companies incorporated under any of the laws of this Commonwealth.

§ 2. That all proceedings authorized by said proviso shall be in accordance with the rules of equity practice now existing: provided that all lawful fees and costs accruing in such proceed

ing shall be taxed and allowed as provided by the equity fee bill in the respective court, and paid by the unsuccessful party. § 3. Either party may appeal to the supreme court as in cases in equity.

RHODE ISLAND.

PUBLIC STATUTES OF RHODE ISLAND, 1882.

Title 30, chap. 242.

§ 41. Every person who shall wilfully or fraudulently injure, or shall knowingly suffer to be injured, any meter, pipe, or fittings connected with or belonging to any gas-light company, or connected with or belonging to the waterworks of any corporation in this State supplying water at a stipulated rate of payment, or shall wilfully tamper or meddle with any other of the appliances or appurtenances connected with or belonging to any such gas-light company, or to the waterworks of such corporation, in such manner as to cause loss or damage to said company or corporation, or who shall wilfully or fraudulently prevent any meter used for registering the quantity of gas or water supplied through the same from duly registering the quantity so passing through the same, or alter the index of any such meter, or in any way hinder or interfere with its proper action or just registration, or shall fraudulently burn the gas of said company, or fraudulently use the water passing through such meter, pipe, fittings, or other of the appliances or appurtenances connected with or belonging to said gas company, or to the waterworks of such corporation, or wilfully waste said gas or water, shall be deemed guilty of a misdemeanor, and shall be imprisoned not exceeding thirty days, or be fined not exceeding one hundred dollars.

§ 42. Every person who, with intent to injure or defraud any gas-light company, or any corporation supplying water in this State at a stipulated rate of payment, shall make or cause to be made any pipe, tube, or other instrument or contrivance, and connect the same, or cause the same to be connected with any