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Clause 2. WATER COMPANIES.-Where such company shall be incorporated for the supply of water to the public, or for storing and transportation or supply of water and water power for commercial and manufacturing purposes, they shall have power to provide, erect and maintain all works and machinery necessary or proper for raising and introducing into the town, borough, city or district where they may be located a sufficient supply of pure water,2 or water and water power as aforesaid, and for that purpose may provide, erect and maintain all proper buildings, cisterns, reservoirs, pipes and conduits for the reception and conveyance of water, or water power, and it shall have power to appropriate so much of the water from the rivers, creeks, canal water-rights and easements, within or without the limits of the city, borough or place in which said company may by its charter be located, as may be necessary for its purposes, and all damage done thereby shall be ascertained, recovered and paid as provided for in the forty-first section of the act to which this is a supplement, and it is further authorized and empowered by itself, its agents, engineers and workmen, and with its and their tools, carts, wagons, beasts of draught or burden, to enter upon such lands and enclosures, streets, lanes, alleys, roads and highways and bridges as may be necessary to occupy or to obtain materials for the construction of said works, and to occupy,3 ditch and lay pipes through the same, and the same from time to time to repair, subject to such regulations in regard to streets, roads, lanes and other 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, and if any injury be done to private property the said company shall make compensation therefor in the manner provided for in the forty-first section of this act : Provided, That this act shall not apply to private spring or private water supplies.

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Clause 3. EXCLUSIVE FRANCHISES.5-The right to have and enjoy the franchise and privileges of such corporation for the manufacture of gas, for light only, shall be an exclusive one, within the

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1 Act 29 April, 1874, 8 34, as amended by Act 16 May, 1889, 2; P. L. 227.

2 The term "pure water" is not used in its abstract or chemical sense, but means wholesome, ordinarily pure:" Com. v. Towanda Water-Works, 22 Weekly Notes Cas. 429.

3 Farnsworth v, Goodhue, 48 Vt. 209; New York, etc., R. R. v, Gas Light Co., 5 Hun, 201.

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5 Act 29 April, 1874, % 34; P. L. 93, as amended by Act of 2 June, 1887, 8 3; P. L. 312.

Under this section as it originally stood in the Act of 1874, it had been held not to embrace electric lighting: Scranton Electric Co.'s Ap., 122 Pa. 154.

Claims of exclusive privileges are strictly construed: Emerson v. Com., 108 Pa 111; Lehigh Water Co.'s Ap., 102 Pa. 527.

district or locality covered by its charter; and no other company shall be incorporated for the manufacture of gas to supply light only to the public 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.1

PENALTY FOR SUPPLYING IMPURE GAS OR WATER.2-Provided, . That the said corporations shall at all times furnish pure3 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.*

PRACTICE.5-All proceedings authorized by said [the preceding] proviso shall be in accordance with the rules of equity practice now existing Provided, That all lawful fees and costs accruing in such proceedings shall be taxed and allowed as provided by the equity fee bill in the respective court and paid by the unsuccessful party.

APPEAL.-Either party may appeal to the Supreme Court as in cases in equity.

POWER TO MORTGAGE.-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,"

1 This is a limitation of power, and even the consent of the previously existing corporation cannot remove the restriction: O. A. G., 2 Chester Co. Rep. 423; Re Consumers' Mutual Gas Co., O. A. G., 15 July, 1878. But it only applies to other private corporations and not to the municipality itself: Lehigh Water Co.'s Ap., 102 Pa. 527; Freeport Water Co. v. Prager, 3 Pa. C. Ct. Rep. 371. And as between two applicants, the one first giving legal notice of intention to apply and complying with the statutory requirements, is entitled to letters-patent: Re Shamokin Coal Gas Co., O. A. G., 19 Aug., 1874.

The Corporation Amendment Act of 1883 also provides, "Nothing herein contained shall authorize the amendment, alteration, improvement or extension of the charter of any gas or water company so as to interfere with or cover territory previously occupied by any other gas or water company:" Act 13 June, 1883, 23; P. L.

123.

2 Act 29 April, 1874, % 34, as amended by Act 2 June, 1887, % 3; P. L. 312. 3 See supra, p. 92, n. 2.

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* By Act of 10 June, 1881, 2 1 [P. L. 112], this proviso has been extended to all gas and water companies incorporated under any law of this commonwealth.

5 Act 10 June, 1881, & 2; P. L. 112.

• Id., % 3.

'Act 24 March, 1877; P. L. 39.

approved the twenty-ninth day of April, Anno Domini one thousand eight hundred and seventy-four, 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.

Clause 4. STORAGE AND TRANSPORTATION OF WATER-PURCHASE AND CONDEMNATION OF LANDS.-Before any such water company shall proceed to occupy any land or enclosure, or to obtain and use any material therefrom, for the purpose mentioned in this section, it shall be lawful for them to agree with the owner or owners thereof for the purchase of so much thereof as may be necessary, or as to the amount of injury sustained thereby; but in case they cannot agree, proceedings shall be had as provided in section forty-one of this act.2

POWERS OF CERTAIN COMPANIES.3-Provided, That companies organized for any of the purposes set forth in the eighteenth clause of the second section of this act, whether such companies shall have been organized under any special act of assembly or under the general acts, in said eighteenth clause enumerated, and not having for their object the supplying of any village, borough or city with water, shall have all the rights, privileges and powers conferred by the said eighteenth clause, and the right to take lands, waters or rivulets shall be exercised in the manner provided in the forty-first section of this act.*

Clause 5. PENALTY FOR ILLEGAL USE OF WATER OR Gas.”—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 and 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

1 Act of 29 April, 1874, % 34, el. 4, as amended by Act 12 June, 1879; P. L. 177. 2 Supra, p. 50-54.

3 Act 29 April, 1874, 8 34, cl. 4, as amended by Act 12 June, 1879; P. L. 177. * Supra, p. 50–54.

*Act 29 April, 1874, 8 34, P. L. 94.

amount are by law recoverable, one-half to be paid to the informer, and one-half to the company.

Clause 6. INJURING WORKS-PENALTY.'-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.

Clause 7. MUNICIPALITY MAY PURCHASE WORKS.2-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, borough, city 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 munipality, when gas or water works have been constructed by said municipality without the lawful consent of the corporate authorities thereof.3

CHARGES FOR GAS OR WATER-WHEN COURT MAY DETERMINE REASONABLENESS OF.*—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 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.

1 Act 29 April, 1874, 8 34; P. L. 94.

2 Id.

3 Electric Lighting Co. v. Underground Light Co., 16 Weekly Notes Cas. 407; 42 Leg. Int. 4.

*Act 29 April, 1874, 34; P. L. 94.

ELECTRIC LIGHT, HEAT AND POWER COMPANIES-POWERS OF. Companies incorporated under the provisions of this act for the supply of light, heat and power, or any of them, to the public by electricity shall, from the date of the letters-patent creating the same, have the powers and be governed, managed and controlled as follows:

Every such corporation shall have the authority to supply light, heat and power or any of them, by electricity, to the public in the borough, town, city or district where it may be located, and to such persons, partnerships and corporations, residing therein or adjacent thereto, as may desire the same, at such prices as may be agreed upon, and the power also, to make, erect and maintain the necessary buildings, machinery and apparatus for supplying such light, heat and power or any of them, and to distribute the same, with the right to enter upon any public street, lane, alley or highway for such purpose, to alter, inspect and repair its system of distribution: Provided, That no company which may be incorporated under the provisions of this act, shall enter upon any street in any city or borough of this commonwealth until after the consent to such entry, of the councils of the city or borough in which such street may be located, shall have been obtained.

EXISTING COMPANIES MAY ACCEPT ACT.2-Any association of persons or corporations heretofore engaged in the business of supplying light, heat and power or any of them, by electricity, under color of a charter or letters-patent of this commonwealth, issued under the provisions of the act to which this act is a supplement, upon accepting the provisions of this act by writing under seal of the company, filed in the office of the secretary of the commonwealth, and filing therewith its letters-patent or charter, which shall be a surrender and acceptance thereof, shall thereupon be a body corporate hereunder and be entitled to and possessed of all the privileges, immunities, franchises and powers conferred by this act upon corporations to be created under the same, and all the property, rights, easements and privileges belonging to said associations and corporations, theretofore acquired by gift, grant, conveyance, municipal ordinance or assignment, or otherwise, upon such acceptance as aforesaid, shall be and hereby are ratified, approved, confirmed and assured unto such acceptors and corporations, with like effect and to all intents and purposes, as if the same had been originally acquired by and under the authority of this act, and such company or corporation shall thereafter be governed by the provisions of this act. And the governor shall forthwith issue to the said acceptors letters-patent under this act, under the same name as the company bore which surrendered its charter or letters-patent, and for the same territory, and the corpo

1 Act 8 May, 1889, ¿ 2; P. L. 136.

3 Id., 3.

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