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burner consuming five cubic feet per hour shall give a light, as measured by the photometric apparatus in ordinary use, of not less than twelve standard sperm candles, each consuming one hundred and twenty grains per hour; and every gas-meter must be tested with the burner, and under the pressure best adapted to it and the result shall be calculated at a temperature of sixty degrees Fahrenheit. 64 v. 39, S 10; S. & S. 162.
$ 3558. Agents may enter premises to inspect meter
An officer or servant of a gas company, duly authorized in writing by the president, treasurer, agent, or secretary,of the company, may, at any reasonable time, enter any premises lighted with gas supplied by such company, for the purpose of examining or removing the meters, and of ascertaining the quantity of gas consumed or supplied; and if any person, at any time, directly or indirectly, prevent or hinder any such officer, or servant from so entering any such premises, or from making such examination or removal, such officer or servant may make complaint, under oath, to any justice of the peace of the county wherein such premises are situate, stating the facts in the case, so far as he has knowledge thereof, and the justice may thereupon issue a warrant, directed to any constable of the city or town where such company is located, commanding him to take sufficient aid, and repair to such premises, accompanied by such officer or servant, who shall examine such meters, and ascertain the quantity of gas consumed or supplied therein, and, if required, remove any meters belonging to the company. 63 v. 164, $ 11; S. & S. 159.
§ 3559. When company may shut off gas
If any person so supplied with gas neglect or refuse to pay the amount due for the same, or for the rent of the meter, or other articles hired by him of the company, the company may stop the gas from entering the premises of such person; in such cases the officers, servants, or workmen of the gas company may, after twenty-four hours' notice, enter the premises of such parties, between the hours of eight in the forenoon and four in the afternoon, and take
away such meter, or other property of the company, and may disconnect any meter from the mains or pipes of the company; and no gas company shall have the right to refuse to furnish gas on account of any arrearages due the company for gas furnished to former occupants of the same premises. 53 v. 164, $ 12,
$ 3560. Penalties for tampering with meters
Every person who willfully or fraudulently injures, or suffers to be injured, any meter beionging to any gas company, or prevents any meter from duly registering the quantity of gas supplied through the same, or in any way hinders or interferes with its proper action or just registration, or attaches any pipe to any main or pipe belonging to such company, or otherwise burns, or uses, or causes to be used, any gas supplied by such company, without the written consent of an officer thereof, unless the same passes through a meter set by the company, or fraudulently burns the gas of the company, or wastes the same, shall, for offense, forfeit and pay to the company not more than one hundred dollars, to be recovered in an action brought by the company against such offender, and in addition thereto, shall pay the company the amount of damage by it sustained by reason of such injury, prevention, waste, consumption, or hinderance. 164, SS 13, 14; S. & S. 160.
$ 3561. Each company to provide certainapparatus
All gas companies supplying the public with illuminating gas which are not supplied with such apparatus, shall forthwith provide for their use a meter prover, the holder of which shall contain not less than five feet, the same to be tested, stamped, and sealed in the secretary of state's office before being used, and a photometer for the comparison of the lights of gases and candles by means of a disk. 73 v. 227, $ 3.
$ 356la. Laws made applicable to natural gas companies
in certain citiesThe provisions of this chapter, so far as the same may be applicable, shall apply also to any company organized for the purpose of supplying the public and private buildings and manufacturing establishments of all cities of the third grade of the second class, having a population not exceeding 16,000 at [the] federal census of A. D. 1880, with natural gas for fuel; but said company shall be liable for any damage that may result from the transportation of the same; provided the township trustees shall not assent to the laying down of any line of pipes in any town
ship of this state, as provided in sections thirty-five hundred and fifty and thirty-five hundred and fifty-one, until the company or corporation proposing to lay the same shall obtain the assent, in writing, of a majority of the land owners whose lands may be adjacent to the road or highway upon which said line of pipes or conductors are to be laid.
82 0, L. 2 3. This does not authorize a company organized under prior statutes for manufacturing and furnishing gas, to substitute natural gas. Findlay Gas Light Co. v. Village of Findlay, 2 C. C. 237.
of forfeiture. 3565. May borrow money and make mort
be drawn from
$ 3562. May enter upon land for survey
A company incorporated under the laws of this state for hydraulic or manufacturing purposes, to which the board of public works, for a stipulated revenue, has leased and granted, or may hereafter lease and grant, the right to use and employ the surplus water of any of the public canals of this state, for propelling the machinery of such company, may enter upon any land upon or across which it may be desired to build, excavate or construct its hydraulic canal, race-ways or water-channel, for conveying and discharging such surplus water to and from the point at which it is desired to employ the same, and survey the route thereof. 63 v. 147, § 1; S. & S. 172.
$ 3563. May appropriate land
Such company may appropriate so much of the land as it may deem necessary for its canals, race-way or water-channel, with the necessary culverts, waste-weirs, aqueducts, water-gates, abutments and fixtures, and the right of way over adjacent lands sufficient to enable it to construct and repair the same, if the probate court, in the proceedings instituted for that purpose, find that the erection and operation of its proposed works will be subservient to the public welfare. 63 v. 147, SS 2, 3, 4; S. & S. 172, 173. $ 3564. Certain companies released from cause of for
feitureAll hydraulic companies incorporated and organized before March 23, 1866, which became liable to a judgment of ouster from their corporate franchises, by reason of a non-user thereof for five or more years, but against which no proceeding to obtain such judgment had been commenced, and which had resumed and were then in the bona fide exercise of their franchises, are relieved from such cause of forfeiture, and no judgment for that cause shall be rendered against them, or either of them. 63 v. 50, S 1; S. & S. 173. $ 3565. May borrow money and make mortgage
Any hydraulic company may, for the purpose of repairing, completing or extending its works, borrow money to an amount not exceeding one-half of its capital stock actually paid in, and may secure the payment of the money so borrowed by the issue of bonds or notes, bearing interest not to exceed the rate authorized by law, and secured by mortgage on its real estate, or any part thereof; but such bonds or notes shall not be issued without the assent in writing of the holders of a majority of the stock in the company.
70 v. 160, $ 1. $ 3566. Companies may consolidate
Any hydraulic company, now or hereafter organized under the laws of this state, may consolidate with any other hydraulic company in this or any adjoining state, when the works of such companies are connected or proposed to be connected, which consolidation shall be by an agreement of the corporations, duly ratified by a vote of the holders of two-thirds of the stock of each of the companies; when so consolidated the companies shall constitute one company, and take such name as the agreement shall designate; if both are organized under the laws of this state, the consolidated company shall possess all the rights, privileges and franchises of each of the corporations parties in the agreement, and if one is organized under the laws of any other state, the consolidated company shall possess all the rights, privileges and franchises of the company organized under the laws of this state, and in either case the consolidated company shall possess and hold all the property and rights of action, subject to all liens upon the respective property of each of the companies; and all debts, liabilities and duties of either of the com. panies shall henceforth attach to the new company, and may be enforced against it. 69 v. 177, S 1. $ 3567. Notice of meeting for such purpose
The notice of a meeting to take into consideration the agreement to consolidate, shall be given to the stockholders of such companies, by the secretaries of the respective companies, by publication in a newspaper printed and published in the county where such corporation is located, thirty days previous to such meeting, stating the object of the meeting; a printed copy of such notice shall be sent by the secretary of each company, by mail, to any stockholder whose residence is out of the county; and the publication and sending of such notice must be certified by the secretaries on their respective record books. 69 v. 177, § 2. $ 3568. Proceedings at the meeting-
The stockholders at the meeting so called shall take into consideration the agreement to consolidate, and, after the adoption of the same shall appoint the time and place for the election of directors and other officers of the new corporation provided for in the agreement, a certified copy of which, and of the proceedings and vote on the consolidation, shall be certified by the officers of such meeting, under their seals, and be acknowledged by them before an officer authorized by law to take acknowledgment of deeds, and shall be forthwith filed in the office of the secretary of state; and a copy of the agreement and act of consolidation so filed in the office of the secretary of state, duly certified by him, shall be evidence of the existence of such consolidated company. 69 v. 177, § 3. $ 3569. When water drawn from canals
All canal companies and persons having oversight of any canal are prohibited from hereafter drawing off the water from such canal for the purpose of cleaning out the same, or making the general annual repairs thereof, and from allowing the water to remain out of the same, at any time between the thirtieth day of June and the thirtieth day of September in any year; and if any such company or person violate the provisions of this section, such company or person shall forfeit and pay to the state not less than five hundred nor more than three thousand dollars, to be recovered in a