The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-18

or charges. to make such rates, fare or
charges uniform, except as hereinafter pro-
yidedi I'D to direct any such corporation
found to be granting rebates or other til
Just determinations to Immediately cease
therefrom; provided. however, that no
order Of said commission shall take effect
date Of service thereof upon the corpora
ton affected. or such further time as
shall be designated in said order.
10. The base rates or prices which shall
to the provisions of this act, for electrician
energy, for heat, light or power, for the
transmission Of messages, for gas and Tor
water, shall be uniform and equal TO all
of Its customers within the limits Of any
one municipality; provided, however, that
any such corporation. may establish uni
form sliding scales of discount from such
base rates, based on the character of
service. the hours and nature of use, the
quantity Of the product consumed and the
ratio between such quantity and the max
imum demand. which discounts, however.
shall likewise be Uniform to all such cor
poration's customers IN any one OF such
products within the limits OF such munici-
pality; provided further, nothing herein
contained shall limit the right OF any such
corporation TO make special rates TO munic-
ID. No corporation subject to the pro-
visions of this act shall hereafter issue
any stock or bonds, or merge or con-
solidate with another corporation, or sell.
assign, transfer or lease its franchise or
enter into any contract for the use of the
same except upon the approval of the
commission created by this act, evidenced
by n certificate In writing signed by the
president and secretary of said commits
sion, with It's common seal thereto fixed
Whenever any such corporation snail be
DESTROYS of issuing any stock or bonds.
or OF merging or consolidating, or or sell
ing, assigning, transferring or leasing It's
franchise, or of entering into a contract
for the use of such franchise, 1t shall
prepare and deliver to said commission
a certificate issued under the hand OF ITS
president, attested by its secretary, with
its common seal thereto affixed, duly veri-
fed under oath by the president, vice
president or a director of such corporation,
setting forth the object for which such
stock OF bonds are to be issued, the plan
Of such proposed merger or consolidation.
with the consideration thereof, and the
terms OF the proposed sale, assignment,
transfer, lease or contract, as the case
may be, and II, upon investigation, the
said commission shall be satisfied that
the object and urposes set forth In SAID
certificate of said corporation are lawful,
1t shall issue its certificate, as hereinbe-
fore provided.
Is. ANY corporation subject to the pro-
visions of this act which shall viloate any
of its charter provisions or any or the gen
eral laws Of this State applicable to such
corporation, or any order of the. commits
sion created by this act, or which shall;
without having first obtained the approval
Of the commission created by this act, as
HeTtlIlDtIDIt DIONiutds iSHht VI 81 -
issue any stock or bonds, or merge or con
solidate with another corporation, or sell,
transfer, assign or lease its franchise, or
enter into contract for the use Of the
same. may be proceeded against in the
Court of Chancery according to the rules
and practise of said court on a bill filed
in said court In the name of said COM
mission by the encouragement for an in
junction to restrain any such. VOCATION, or
for such and adequate relief as may be
obtained In said court, which said co9fL
&c horohU arnnouyarn6 IN mako gIph order
or decree in the premises as it shall deem
equitable and just. The commission Gre
ated by this act shall report to the. at
torney-general each and every such viola
ton within thirty days after obtaining in
formation thereof, who shall thereupon
forthwith proceed against such corporation
as hereinbefore provided. All actions
brought under this act shall have prece-
dence over all causes to be heard In said
court: provided. however, that nothing in
this section contained shall be construed
to give precedence to actions brought
under the provisions of an act OF the
Legislature Of this state entitled IAN act
sioners for the State OF New Jersey, and
to prescribe its powers and duties" ap-
proved May 10, 1907.
16. Any officer or director of any. cor
p~oration subject to the provisions of this
act who shall participate in the issuing
of any stock or bonds of such corporation,
or the merger or consolidation of such
corporation with another corporation, or
the selling, assigning, transferring or leas-
ing of its franchise, or the entering into a
contract for the use of such franchise, un-
less such issue of stock or bonds, merger
or consolidation, sale, assignment, transfer,
lease or contract shall have first been APP
proved, as hereinbefore provided, or who
shall participate in thes violation or any
order issued by the commission created
by this act which such corporation is bound
to obey, or who shall participate In the use
of any OF the stock or bonds OF such cor
poration SO approved, or the proceeds
thereof. for purposes other than those
stated in the certificates required by section
fourteen of this act, shall be guilty OF
a misdemeanor.
construed to release any corporation coming
under the provisions of this act from any
action, suit or proceeding which mas ARISEN
or may hereafter arise under any law OF
this or any other State of the United
States or foreign country, nor from any
penalty or forfeiture enforcible by TINS
State or any municipality thereof; nor shall
this act be a bar to any pr~esentment or
indictment against any such corporation
its officers, agents or servants. or affect
or impair the rights of any corporation, as
ISOLATION or Individual which have arisen
or may hereafter arise under the laws OF
this or airy other State or country pro
vided, however, that nothing in this act
contained she'll be construed to rpeal any
of the provisions of an act of the Legisla-
ture OF this State entitled, AN act relat-
ing to the issuance, sale and delivery of
stock and securities by corporations OF this
State which have acquired, or may here
after acquire authority, permission or a
franchise from the State, or any municipal
ity thereof, to use or occupy any street
highway. read. lane or public place within
this State" approved August IA, 1906, ant
the commission created by this act shall,
whenever 1t Is satisfied tnat such act has
been violated. report such violation to the
prosecutor of the pleas of the county In
which The same occurred.
Is. The wcri Corporation" wherever
used In this act shall be construed to near
and include a company, association, joint
stock association. partnership or person.
10. In case. for any reason, any section OF
any provision of his act shall be dues-
toned in any court and shall be held to be
unconstitutional or invalid. the same shall
rot be held to affect any other section OF
provision Of this act.
20. This act shnll take effect Immediately
n Onl 1T lAIIl Dr.