Indiana.

A continuation of the editions of 1881 and 1888: containing all ..., Volume 3 online

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429 Natural Gas, Petroleum etc. §§ 7558-75$*

7558. Persons not appearing, represented, how — Vacancy of
commissioner. § 5. The court shall appoint some competent attorney
to appear for and protect the rights of any party in interest, who is unknown
and who has not appeared in the proceedings by an attorney or agent. The
court shall also have power, at any time, to amend any defect or informality
in any of the special proceedings authorized by this act as may be neces-
sary, or to cause new parties to be added, and to direct such further notice
to be given to any party in interest as it deems proper, and also to appoint
other commissioners in the place of any who shall die, or refuse or neglect
or be unable lo serve or who may leave or be absent from the state.

7559. Defects of title — Location of pipe. § 6. At any time after an
attempt to acquire title by appraisement of damages or otherwise, if it shall
be found that the title thereby attempted to be acquired is defective, the
company, corporation or voluntary association rqay proceed anew to acquire
or perfect the same in the same manner as if no appraisal had been made:
Provided, that the provisions of this act shall not be construed to give to
any person, corporation or association the right to enter upon lands, and
dig, or prospect for natural gas, or oil, or to take any lands for the purpose
of digging, or boring any wells,, but shall be construed to give the right to
take the right of way for pipe lines only: And, provided, further, that no per-
son or corporation shall have the right to condemn or take any lands, or
lay their pipe lines within seventy-five yards of any dwelling or barn unless
the owner shall agree in writing that the same may be placed within such
distance, except when the line of such pipes shall be along a public high-
way.

7560. Emergency, § 7. Whereas, an emergency exists for the imme-
diate taking effect of this act, therefore the same shall take effect and be in
force from and after its passage.

An Act to prohibit any person, firm, corporation, company or voluntary association, organized under
the laws of this state, or any other state, from piping of otherwise conveying from any point or
points in this state to any point or points without the state of Indiana any natural gas or petroleum;
to prevent the waste of natural gas; to require the owners of wills, in certain cases, to secure by
closing and stopping the same; providing penalties for the violation of this act and declaring an emer-
gency. [Reconsidered and passed, over the governor's veto, March 9, 1889; S., 1889, p. 369.*

7561.* Natural gas— Unlawful piping out of state. Sec. i. Be
it enacted by the General Assembly of the State of Indiana, That it shall be
unlawful for any person or persons, company, corporation or voluntary
association to pipe or conduct natural gas from any point within this state
to any point or place without this state; any person or persons, company,
corporation or voluntary association, now or hereafter incorporated under
any law of this or any other state, for the purpose of drilling and mining
for petroleum or natural gas, or otherwise acquiring gas or petroleum wells
and the products thereof, and to furnish the same to its patrons, or to con-
vert such product into gas for illuminating purposes or fuel, which shall
have entered upon and acquired by deed of conveyance or appropriated or
condemned any real estate under any law of this state, for the purpose of
laying its pipe lines or for any other purpose, which shall permit any gas
to be conveyed or carried through its pipes to any place without this state,
or for the purpose of being used without this state, shall forfeit all right,
title and interest in and to all such real estate so appropriated, conveyed or
condemned, and the pipes laid thereunder, and the same shall revert to

* Unconstitutional and void, as to the whole act; State, ex rel. v. Ind. & O. O. G. & M. Co., 190-577.



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7562-7566 §§ Corporations — Manufacturing etc. Cos. 430

and become the property of the persons or corporation, their heirs, succes-
sors or assigns, who owned the same at the time of such appropriation,
conveyance or condemnation: Provided, that the provisions of this act shall
not be so construed as to prevent towns or cities divided by any of the
boundary lines of the state, and having a majority of the population of
such cities or towns residing within this state, from being supplied with
natural gas.

7562. Wells, casing: and packing— Abandonment— Salt water.
§ 2. That it shall be unlawful for any person, company, firm or corporation
boring, sinking, owning or having charge of any natural gas well or wells,
for the purpose of using therefrom any natural gas, without having such
well or wells securely cased and packed according to the latest approved
method or methods, or for any such person, firm or corporation to neglect
or abandon any natural gas well or wells, or any place where an attempt
has by them been made to procure any natural gas well, without first hav-
ing firmly and securely plugged such well or wells at the bottom of the
same in such manner as to keep out of such well or wells all salt water or
other foreign substances, and at the top of the Trenton rock, so as to keep
out effectually all water and other substances, such plugging and stopping
to be done according to the best approved method; or to suffer or permit
natural gas to waste or burn from any natural gas well or wells, or to leak-
or escape from any main or pipe longer than may be reasonably necessary
to repair the same.

7563. Penal clause. § 3. That any person or persons, company, cor-
poration or voluntary association, or any officer, director or agent of such/
corporation, that shall violate any of the provisions of this act, upon con-
viction thereof, shall be deemed guilty of a misdemeanor and shall be fined
in any sum not less than one hundred dollars or more than one thousand
dollars.

7564. Emergency. § 4. Whereas, an emergency exists for the im-
mediate taking effect of this act ; therefore, the same shall be in forc^ from
and after its passage.

An Act to regulate the mode of procuring, transporting and using natural gas and declaring an emer-
gency. [Became a law, by lapse of time, without the governor's approval, March 4, 1891; S., 1891*
p. 89.

7565. Transportation of gas— Pipes, density of — Pressure

on. Sec. i. Be it enacted by the General Assembly of the State of Indiana >
That any person or persons, firm, company or corporation engaged in drill-
ing for, piping, transporting, using or selling natural gas may transport or
conduct the same through sound, wrought or cast iron casings and pipes
tested to at least four hundred pounds pressure to the square inch : Pro-
vided y such gas shall not be transported through pipes at a pressure exceed-
ing three hundred pounds per square inch, nor otherwise than by the nat-
ural pressure of the gas flowing from the wells.

' 7566. Artificial increase of natural flow — Prohibition. § 2. It
is hereby declared to be unlawful for any person or persons, firm, company
or corporation to use any devise for pumping or any other artificial process
or appliance for the purpose, or that shall have the effect of increasing the
natural flow of natural gas from any well, or of increasing or maintaining
the flow of natural gas through the pipes used for conveying and transport-
ing the same.



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431 Natural Gas, Petroleum etc. §§ 7567-7571

7567. Violation of act — Penalty — Exception. § 3. Any person
or persons, firm, company or corporation violating any of the provisions of
this act shall be fined in any sum not less than one thousand dollars or
more than ten thousand dollars, and may be enjoined from conveying and
transporting natural gas through pipes otherwise than as in this act provided:
Provided, that nothing in this section shall operate to prevent the use of
nitro-glycerine or other explosives for shooting any well or wells from which
the gas is procured.

7568. Emergency. § 4. It is hereby declared that an emergency ex-
ists for the immediate taking effect of this act, and the same shall take
effect from and after its passage.

An Act prohibiting the change, alteration or extension of service or other pipes or attachments, through
which gas is furnished by any person, company, or corporation, and prohibiting the enlarging the
orifices of mixers; and prohibiting the use of gas except through mixers; providing for the return
of mixers and other appliances to the owner when entitled thereto; and prohibiting the making c



connections and re-connections with the mains and pipes, and the turning on or off, or interfering
with the valves or stopcocks used in furnishing gas of such person, company, or corporation with-
out their consent and prohibiting the setting on fire of gas escaping from the wells, broken or leak-
ing mains, pipes, valves or other appliances of such person, company or corporation, and prohibiting
the interference with the wells, pipes, mains, gate boxes, valves, stopcocks, or other appliances, ma-
chinery or property of any such person, company or corporation, and fixing a penalty for the viola-
tion thereof. [Approved March 9, 1891; in force June 10, 1891; S., 1891, p. 381.

7569. Change of service etc. unlawful, when. Sec. j. Be it en-
acted by the General Assembly of the State of Indiana, That it is hereby de-
clared to be unlawful for any person, in any manner whatever, to change,
extend or alter, or to cause to be changed, extended, or altered any service
or other pipe or attachment of any kind connecting or through which
natural or artificial gas is furnished from the gas mains or pipes of any
person, company or corporation without first procuring from said person,
company, or corporation written permission to make such change, exten-
sion or alteration.

7570. Appliances, unlawful interference with. § 2. That it is
hereby declared to be unlawful for any person to make, or cause to be
made, any connection or re-connection, with the gas mains or service pipes
of any person, company, or corporation, furnishing to consumers natural
or artificial gas, or to turn on or off, or in any manner interfere with any
valve or stopcock, or other appliances belonging to such person, company
or corporation, and connected with its service or other pipes, or to enlarge
the orifice of mixers, or to use natural gas for heating purposes except
through mixers, without first procuring from such person, company or cor-
poration a written permit to turn on or off such stopcock or valve, or to
make such connections or re-connection, or to enlarge the orifice of mixers,
or to use gas for heating without mixers, or to interfere with the valves,
stopcocks or other appliances of such person, company or corporation, as
the case may be.

7571. Mixers— Unlawful retention. § 3. It is hereby declared to
be unlawful for any person or persons, to whom any mixer or mixers, or
other appliances may be or may have been loaned or rented by any person,
company or corporation, for the purpose of furnishing gas through the
same, to retain possession, or to refuse to deliver such mixer or mixers-, or
other appliances to the person, company or corporation entitled to the
possession of the same, after such person, company or corporation shall
have been entitled to the possession of the same, or to sell, loan, or in any



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7572-7577 §§ Corporations — Manufacturing etc. Cos. 432

manner dispose of the same to any person or persons, other than said per-
son, company or corporation entitled to the possession of the same.

7572. Escaping gas — Unlawful to fire. § 4. It is hereby declared
to be unlawful for any person or persons to set on fire any gas escaping
from wells, broken or leaking mains, pipes, valves, or other appliances, used
by any person, company or corporation in conveying gas to consumers, or
to interfere in any manner with the wells, pipes, mains, gate boxes, valves,
stopcocks or other appliances, machinery or property of any person, com-
pany or corporation engaged in furnishing gas to consumers, unless em-
ployed by or acting under the authority and direction of such person, com-
pany or corporation engaged in furnishing gas to consumers.

7573- Penalty. § 5. Any person violating any provision of this act
shall, upon conviction, be fined in any sum not less than five dollars nor
more than one hundred dollars for such offense.

An Act making it unlawful to burn natural gas in what are known as flambeau lights, making it amis-
demeanor for violation thereof, and prescribing penalties therefor. [Became a law, by lapse of time,
without the governor's approval, March 2, 1891; in force June 10, 1891; S., 1891, p. 55.

7574. Flambeau lights — Use, for illuminating purposes, pro-
hibited. Sec. i. Be it enacted by the General Assembly of the State of
Indiana, That the use of natural gas for illuminating purposes, in what
are known as flambeau lights is a wasteful and extravagant use thereof,
and is dangerous to the public good, and it shall therefore be unlawful for
any company, corporation or person, for hire, pay or otherwise to use
natural gas for illuminating purposes in what are known as flambeau lights
in cities, towns, highways or elsewhere: Provided, that nothing herein con-
tained shall be construed as to prohibit any such company, corporation or
person from the necessary use of gas in what are known as " jumbo"
burners inclosed in glass globes, or lamps or by the use of other burners of
similar character so inclosed, as will consume no more gas than said
" jumbo" burners.

7575. Highway use — Times prescribed. § 2. That all gas lights
in said " jumbo " burners and glass globes, or lamps used in all streets and
public highways shall be turned off not later than 8 o'clock in the morn-
ing each day such lights or burner is used, and the same shall not be
lighted between the hours of 8 o'clock a. m. and 5 o'clock p. m.

7576. Penal section. § 3. Any one violating any of the provisions
of section [one] (1) of this act, shall be deemed guilty of a misdemeanor and,
upon conviction shall be fined in any sum not exceeding twenty-five dol-
lars, and for a second offense may be fined in any sum not exceeding two
hundred dollars. [See § 7574*

STOCK YARDS.

An Act supplemental to the acts now in force concerning the organization of manufacturing and min-
ing companies. [Approved March 9, 1891; in force June xo, 1891; S., 1891, p. 433.

7577. Organization hereunder authorized — Rights and powers.

Sec. 1. Be it enacted by the General Assembly of the State of Indiana, That
stock yards companies that are or may be hereafter organized under the
laws of this state concerning the organization of manufacturing and mining
companies, shall, in addition to the powers conferred by existing laws,
possess the following rights and powers: To receive from any person or
persons, horses, mules, cattle, hogs, sheep and other domestic animals for



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433 Stock Yards. 8 7577

sale, on commission or otherwise, upon such terms and conditions as may
be fair and reasonable, and under such regulations as such companies may
from time to time make and establish; to acquire by purchase, gift or
grant, and hold, manage and dispose of both real and personal property,
such as may be required to properly carry on their business; to construct
all buildings necessary for their business and dwellings for their em-
ployes, and to dispose of the same from time to time ; to construct,
equip, maintain, manage and operate railroads, electric light plants, gas
and water works, ship or other canals, sewers, ditches and drains, such as
may be required to enable them to properly and successfully carry on their
business, and to exercise, for such purposes, all powers conferred on such
companies by the act of December 21, 1865, appearing as sections 3873 to
3878 of the Revised Statutes of Indiana of 1881; to use and improve for
their business any natural waterway, stream, lake or body of water; to lay
pipes and conduits for natural or artificial gas, oil or water, and to connect
their plants and establishments with any works, system or establishment
for the supply of such, and to exercise like powers for such purposes as
given under said act of December 21, 1865 ; and to exercise all such other
rights and powers as may be reasonably necessary to enable such com-
panies to carry on theirbusiness and accomplish the objects of their organ-
ization.

55



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3851-7561 §§ Corporations— Manuf'g etc. Cos.— Notes. 434

Notes to Chapter 35.
CORPORATIONS- MANUFACTURING AND MINING COS.

3861. How incorporated. This section requires that the persons who desire to
organize a corporation for manufacturing, mining and other purposes under the statute
of 1875, shall "make, sign and acknowledge, before some officer capable to take ac-
knowledgment of deeds, a certificate, in writing, which shall state " etc. The mere
signing of the paper is not sufficient to complete the obligation of subscription. In
order to make valid and effective articles of association against all who sign, all must
acknowledge them as the statute requires. One who simply signs the articles without
acknowledging the execution thereof, as the law requires, does not become a stock-
holder, and is not bound by his subscription, whether to demand stock, subscribed for
or to be required to pay for such stock; Coppage v. Hutton, 124-402.

3869. Liability of stockholders. The liability which is provided for in the first
branch of this section is a liability by the individual stockholder to the corporation or,
in case of its insolvency, to a receiver appointed to wind up its affairs. Under this^
branch of the section the party sued, to enforce his liability by a creditor, must oc-
cupy the relation of stockholder or member of the corporation and have subscribed
for stock which is unpaid. In that event he is liable to an action by the corporation,
or its receiver, in case one has been appointed. The statute is not broad enough to
cover the case of one who has subscribed for stock but has not become a stockholder.
In that event he would not be liable on account of the statute; but, simply, on his
subscription; Wheeler v. Thayer, 121-67.

7666. Basements, acquisition of. Proceeding by injunction to restrain a natural
gas company from laying its pipes on the land of the plaintiff. An answer denying
the ownership of the land to be in plaintiff, asserting title in a third person and license
to enter upon the land granted by such third person is good as a denial; Whitlock v.
C. Gas Trust Co., 127-63.

7661. Natural gas — Unlawful piping out of state. Natural gas in the earth may
not be a commercial commodity — when brought, however, to the surface and placed
in pipes for transportation, it assumes that characteristic as completely as coal on cars
or petroleum in tanks. The act of March, 1889 (S., p. 369) has for its object to prevent
persons from conveying natural gas from this in to another state, with the imposition
of penalities for so doing. The statute is unconstitutional, being legislation in ref-
erence to interstate commerce. The provision of the act as to the sinking of wells
is so bound up with the provisions designed to effect the principal object that
separation can not be made without completely destroying the statute and substituting
another for it by judicial construction, which can not be done. .The statute fails;
State, ex rel. v. Ind. & O. O. G. & M. Co., 120-577.



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435 Before Construction. §§ 757&-758i

Chapter 37.
CORPORATIONS - RAILROADS - ORGANIZATION.



AKT.



I. Before construction*



ARTICLE i — BEFORE CONSTRUCTION.



7578. Condemnation, when — Limit on right.

7579. Rights reserved.

7580. Waiting rooms and appurtenances.



SBC.

7581. Violation of act.

7582. Notice of train detention.

7583. Violation of act



An Act authorizing railroad companies organized under the laws of the state of Indiana, but not under
the act of the legislature of said state entitled "An act to provide for the incorporation of railroad
companies," approved May xx, 1852, to condemn real estate under the provisions of said act. [Ap-
proved March 9, 1889; hi force May xo, 1889; S., 1889, p. 352.

7578. Condemnation permitted, when — Limitation on right.

Sec. 1. Be it enacted by the General Assembly of the State of Indiana, That
any railroad company organized under the laws of the state of Indiana but
not under an act of the legislature of said state, entitled " An act to provide
for the incorporation of railroad companies," approved May 11, 1852, may
adopt the provisions of said act for condemning real estate: Provided, that
nothing herein contained shall be deemed or held to authorize such corpo-
rations to condemn for any purpose or to any extent not authorized by its
charter, but such company adopting the provisions of said act shall not
condemn more, or for any purpose than as authorized by its charter; neither
shall such corporation be deemed to have surrendered or abandoned its
charter by condemning real estate as herein authorized.

7579. Rights reserved. § 2. This act shall not apply to any pend-
ing litigation, and such litigation now pending may be prosecuted to effect
under existing laws the same as though this act had not passed.

An Act compelling railroad companies to establish suitable waiting rooms and separate water closets
for men and women in cities and all towns of two hundred and fifty population or more through
which said roads are constructed, and defining the penalty for violation thereof. [Approved March
4, X891; in force J one xo, 1891; S., 1891, p. 70.

7580. Waiting rooms and appurtenance — Establishment and
Opening. Sec. i. Be it enacted by the General Assembly of the State of In-
diana, That all railroad companies operating lines through cities and towns
of two hundred and fifty population or more shall provide and maintain
suitable waiting rooms, together with separate water closets for men and
women, for the convenience of the traveling public, and shall keep such
rooms open for a period of not less than one hour next preceding the ar-
rival of all passenger trains that are allowed by schedule to stop at such
stations.

7581. Violation of act. § 2. Any railroad company failing to comply
with the provisions of the above shall be guilty of a misdemeanor and be
fined for not more than three hundred dollars and not less than twenty
dollars.



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7582-7583 §§ Corporations —Railroads — Organization. 436

An Act to require railroad corporations, companies or persons operating with[in] the state of Indiana
to give notice, at stations, whether passenger trains are on schedule time or not and affixing a pen-
alty for a violation of the provisions of this act [Approved March 9, 1889; in force May 10, 1889;
S., 1889, p. 279.

7582. Notice of arrival or detention of trains. Sec. i. Be it
xnacted by the General Assembly of the State of Indiana, That every cor-
poration, company or person operating a railroad within this state shall,
immediately after [thej taking effect of this act, cause to be placed in a
conspicuous place in each passenger depot of such company located at
any station in this state, at which there is a telegraph office, a blackboard
at least three feet long and two feet wide, upon which such company or
person shall cause to be written, at least twenty minutes before the schedule
time for the arrival of each passenger train stopping upon such route at
such station, the fact whether such train is on schedule time or not, and,
if late, how much.

7583. Violation of act. § 2. That for each violation of the pro-
visions of this act, in failing to report or in making a false report, such
corporation, company or person so neglecting or refusing to comply with
the provisions of this act shall forfeit and pay the sum of twenty-five dol-
lars, to be recovered in a civil action, to be prosecuted, by the prosecuting
attorney of the county in which the neglect or refusal occurs, in the name
Of the state of Indiana, one -half of which shall go to said prosecuting at-
torney and the remainder shall be paid over to the county in which such
proceedings are had, and shall be part of the common school fund.



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437 Corporations — Railroads etc. — Notes. § 3903



Online LibraryIndianaA continuation of the editions of 1881 and 1888: containing all ..., Volume 3 → online text (page 68 of 134)