The Republican journal., 1895-12-26

lighting, heating, manufacturing and mechan-
ical purposes.
making, generating, selling, distributing and
supplying gas or electricity, or both, for lght,
ing, heating, manufacturing or mechanical
adjoining cities or towns. within this state, or
for either or any such purposes, may pc organ
lied under the provisions of sections slxteens
seventeen eighteen nineteen ao tweney 81
thls state, and acts amendatory !nereol anu
additional thereto, and all provisions OF SAID
such corporations. But no corporation, organ
lied hereunder, shall have authority, without
special act of the legislature, to make, generate,
both, for any purpose, IN or to any city or
town. in or to which another company, person
or firm are making, generating, selling, distri-
buting or supplying, or are authorized to make,
generate, SELL distribute supply gas or
electricity, or both, without the consento Of such
other company, person or firm.
SECT. 2. The certificate provided by said sec
ton eighteen to be prepared and filed i'll the
secretary of states office, shall specify, in addi-
ton to the statements required by said section.
the city or town. or the adjoining cities or
| towns within which said corporation proposes
to make, generate, sell, distribute or supply
gas OF electricity, or both, for the purposes
named III section one of this act and no corpora
ton shall be authorized to make, generate, sell.
distribute or supply gas or electricity, in any
city or town not specified in said certificate.
| SECT. 3. Any manufacturing corporation
| located and doing business in q town or city in
which company Incorporated under this act
proposes to manufacture and introduce gas or
| electricity for any of the purposes named in
| tins act may take and hold stock i'll such gas or
electric company to an amount not exceeding
ten per cent of the capital stock OF such last
named company.
| SECT A. Corporations incorporated under
this act shall be authorized TO purchase, hold
and convey such real estate and personal prop
erty rs shall be necessary for the purposes tor
Which il is created.
SECT =. Every such corporation shall have
/ authority to Lay its pipes and wires ana CON
struct aiit. maintain It's lines in, upon, along,
over, across and under tie roads and streets in
any city or town in which It is authorized to
supply sas OF electricity, or boin, subject how
ever, TO tho conditions and restrictions herein-
after provided. But 80 corporation organized
hereunder shall have authority. except by
! special act OF the legislature, to take, appro-
lsiale use, the location, pipes lines or other
property Of any other corporation, person or
firms, DANG authorized to DO similar bust
ness, without the consentof such other corpora
/, si''r q. No such corporation shall lay its
pipes " bury its wires in any road or street, or
cil1 up pr open the ground in any road Or street,
mill It shall have obtained permit "a writing
from the municipal officers Of tie cigy or town
III whlol such road or street IS loeateei, which
permit snail be signed by sueh tiunlelpal ofu-
cers and shall specify the roads and streets and
tile location therein in which st,eh pipes or
wires shall be laid; but such permit shall net
AFFECT the right OF any party OF parties 70 re-
cover damages for any lnlarv 10 persons or
property by the loings Of ANY such corporation.
Upon application to tf'eiu iof suen permit, the
municipal officers to whom ii is presented shall
appoint time and place 81 hearing thereon.
and cause said corporation To give public notice
! thereof by publication in some newspaper pub
lIshed or printed IN said cIty or town, 1t any, al
j least fourteen aAgs 1etore sala nearing; n no
newspaper j. euAijSnel or printed in said town
1 on CITY, tnell by posting such notice Ill two OF
! more puh!c and conspicuous PAGES therein, at
/ least fourteen days before said bearing. AT
such heanng Any resilient and property owner
IN said city Or Gown, and all other parties inter
ested lN4y appear, ana shall be given an oppof-
tuIify - be heard.
rrtsa : SAID corporation shall so dig up nd
el,el, such reads ana streets iii such a manner
IS 70 dise0mlnoae tne public travel as little as
possible. ana shall put all such highways. roads
and streets which 1t Shall dig INTO anG open,
iutO as good repair they were before they
were dag into and opened and on failure SO to
do within reasonable tine such corporation
| shan be aecreed guilty OF nuisance.
SECT s. Every such corporation authorized
| to make, generate, distribute and supply cleo
tricitv tol the purposes named IN this act snail
/ he authorized to construct and MAINTAIN Its
l4les, lines fixtures anu appliances upon, alone,
4 over and across the roads and streets OF amy
city OF town in which it is authorized TO 10 busl-
ness, upon the conditions and under the restTlc-
tions provided herein aud by chapter three
hundred and seYentY-el glit vi the public laws OF
eighteen hundred AID eighty-tiNe, and al acts
! additional thereto and amendatory thereof, and
all the pro visions ri said chapter and acts not
| inconsistent herewith are hereby made app}i-
! cable to such corporations: provided however,
That the same SHALL net be SO. constructed as to
inconmole the use II such roads and streets
| fer public travel ana provided, further, that
| 20 such corporation shall inJure, cut down or
destroy ANY fruit trees or any tree or shrub
standing and growing tor She purposes OF shade
! or ornament.
SEcf g. Amy such corporation, by vote at a
| meeting OF its stockholders called for the pur-
pose. my isstie couppM or registered bonds 10
| provide means for constructing It's iiHes and
plant funding rs footing deot or 1oI ehe pay
4 pose, and may mortgage OF pledge, as security
| for the payment OF the principal and interest
Of such bonds, a part or all OF its property and
franchise. Such bonds may be issued IN sums
not less than one hundred dollars each. payable
at periods not exceeding twenty years from the
date thereof, and bearing interest not exceed
ing six per cent a payable annually Oh semi
annually. to an amount which, 1nciudlng that
OF bonds previously issued, shall rot exceed in
al the capital stock Of tie corporation actual
Is paid iii at the time
SECT III. Livery corporation incorporated I'M
der the provisions of this aeC shall be liable in
al cases, to repay #sy city or town al sums OF
money that SAID cldY Or town may be obliged
to nay on any Judgment recovered against it for
damages occasoned by any obstruction, digging
up or displacement Of any way or street by said
+ corporation. together with counsel fees and
expenses necessarily incurred in defending said
town in actions therefor; provided, however
thai said corporation snail have notice of the
commencement OF any and all suits for such
damage, and such corporation shall have the
right to defend any such action at its own
approved Approved March 1871
Chapter 1903.
AN ACT to provide for the incorporation and
control of Telegraph Companies and Tee-
phone Companies.
SECT. l. Telegraph companies and telephone
companies and companies Tor the operation OF
both telegraphs and telephones, may be organ
lied under the provisions of sections sixteen
seventeen. eighteen, nineteen and twenty OF
chapter forty-e.ht of the revised statutes OF
this state and acts ainendatory thereof and adj
dition.al thereto, and all the provisions of said
sections and acts are hereby made applicable
to such corporations
| SECT. q The certificate provided by said
section eighteen to be prepared and filed in the
secretary of states office. shall set forth in
addition to the statements required by said
section, the general route of telegraph or tele.
phone lines proposed to he constructed by such
corporation and the points to be connected
thereby.
SECT. g. Corporations organized under the
provisions of this act shall nave authority
except as herein limited, to construct, main
tain and operate its lines upon and along the
route routes and between the points stated
i'll its certificate of incorporation. But cor
poration organized hereunder shall have au-
thority without special act of the legislature, to
construct its lines along the route or routes
used or authorized to be used by any other tel
egraph or telephone company, person firm
or between points connected, or authorized To
be connected, by the lines ofany such company
person or firm, unless it shall first obtain the
consent OF such other company. person Or firm