SEC. 125. Violations of Sections 117, 121, 122, 123 and 124; Misdemeanors; Penalties:-Any corporation failing to comply with or violating or permitting any of its employees or agents to violate any of the provisions of Sections 117, 121, 122, 123 and 124 of this Chapter shall, in addition to subjecting itself to any damages that may be caused by such failure or violation, be guilty of a misdemeanor, and upon conviction thereof be fined for failure or violation, not less than one hundred dollars nor more than five hundred dollars.

SEC. 126

Discrimination in Charges; Penalty; Exceptions: No railroad or railway corporation organized under this Chapter shall charge, demand, or receive from any person, company, or corporation for the transportation of passengers or property a greater sum than it shall charge or receive from any other person, company or corporation for like service, from the same place, under like conditions, under similar circumstances, and for the same period of time. For every violation of the provision of this section such corporation shall be liable to the party suffering thereby in double the entire amount so charged to such party, to be recovered before any court having jurisdiction thereof; provided, however, that nothing in this section shall be construed to prohibit the carriage or handling of persons or property free or at reduced rates for the United States. State or municipal governments, or to or from fairs and exposi· tions for exhibitions thereof; or the free carriage of destitute and homeless persons transported by charitable societies and the necessary agents employed in such transportation; or the issuance of mileage, excursion, or commutation passenger tickets; nor to prohibit any such corporation from giving reduced passenger rates to ministers of religion solely engaged in ministerial duties or to the United States, State or municipal governments; nor to prohibit any such corporation from giving free carriage to their own officers and employees; nor to prohibit the principal officers of any such corporation from exchanging passes or tickets with other railroad corporations for their officers and employees; nor to prohibit any such corporation from giving reduced rates of transportation to other railroad corporations for railroad construction, material, equipment, or supplies.

SEC. 127. Fees to State:-Every railroad corporation organized under the provisions of this Chapter shall be required. upon filing its certificate, to pay to the Secretary of State the fees hereinbefore provided for; and also pay to the State Treasurer for the use of the State such tax as is required by the provisions of Sections 1 to 12, inclusive, of Chapter Six; provided, however, that such railroad corporation shall be entitled to the rights of commutation therefor as is provided by law for other railroad corporations of this State.

CORPORATIONS-Article 5.

Steam, Electric, Heat and Power Companies.

SEC. 128. Steam, Heat and Power Companies; Additional Powers; Use of Public Roads, Streets, &c.; Regulations: -Every corporation organized under the provisions of this Chapter for the purpose of producing or distributing steam, heat and power, shall in addition to the powers conferred upon corporations generally, have full authority to lay the necessary pipes and conduits beneath the public roads, highways, streets, avenues and alleys in this State; provided, however, that such pipes and conduits shall be laid at least three feet below the surface of the same, and shall not in anywise unnecessarily obstruct or interfere with public travel, or damage public or private property; and provided, also, that the consent of the Council, Town Commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the city, town and district wherein or through which it is contemplated to lay such pipes and conduits beneath such public roads, highways, streets, avenues or alleys shall first, and as a condition precedent, be obtained before any such public roads, highways, streets, avenues or alleys shall be disturbed, opened or dug up; such consent of said Council or Town Commissioners to be by ordinance of such Council or Commisssioners duly adopted, or of such persons having control over the public roads or highways, by resolution adopted at a meeting

to be held not less than thirty days after notice thereof shall have been given by notices posted up in five of the most public places on the public road or highway which is proposed to be used for the purposes aforesaid; that such use of public roads, highways or streets, avenues and alleys in any of the cities, towns or districts of this State shall be subject to such terms, regulations and restrictions as may be imposed by the Council, Town Commissioners or other persons having control over the public roads and highways of the district, and that the portions of the surface of the roads, highways, streets, avenues and alleys disturbed in laying the said pipes, shall be immediately restored to their original condition, and that any pavements which are removed for the purpose of laying or repairing the pipes shall be restored to as good condition as they were previous thereto, and so maintain the same for six months after the completion of the work; and in case of failure on the part of the corporation to so maintain and restore the same, the Street Commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the costs thereof may be recovered by the city or town from the corporation in any court of competent jurisdiction.

SEC. 129. Laying Pipes or Conduits; Regulations:-It shall be the duty of every corporation organized under the provisions of this Chapter in laying any pipes or conduits in any of the public roads, highways, streets, avenues and alleys, to be used for conveying steam, heat or power, to lay the same at a distance not less than three feet, if possible, from the outside of any water or gas pipe already laid, except in cases where it shall be necessary that said pipes or conduits shall cross any such water or gas pipe, and there such pipes or conduits shall be at least twelve inches distant from the outside of any water or gas pipe already laid.

SEC. 130. Electric Light, Heat and Power Companies; Additional Powers; Use of Public Roads, Streets, &c.; Regulations; Consent of Land Owner; Wire Crossing Railroad, Regulated:-Every corporation organized under the provisions of

this Chapter for the purpose of constructing, maintaining and operating works for the supply and distribution of electricity for electric lights, heat or power, shall in addition to the powers conferred upon corporations generally, have full power to use the public roads, highways, streets, avenues and alleys in this State for the purpose of erecting posts or poles on the same, to sustain the necessary wires and fixtures; provided that the consent of the Council, Town Commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the city, town and district in or upon which the said posts or poles are to be erected, shall first, and as a condition precedent be obtained; and provided, further, that no posts or poles shall be erected in any street of any city or incorporated town except in those streets which shall be designated by the said authorities thereof, and then only in such place and manner as shall be thus designated, and that the same shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the said streets, highways and roads; and that the use of the public streets in any of the cities and incorporated towns of this State shall be subject to such regulations and taxation as may be first imposed by the corporate authorities of such cities and towns; and provided also that no posts or poles shall be erected upon the soil or property of any person or persons without first obtaining the consent in writing of the owner or owners of the soil or property; and provided, also, that any wire crossing a railroad shall not be at a less elevation than twenty-three feet.

SEC. 131. Laying Pipes or Conduits; Regulations:-Every such corporation is authorized and empowered to lay pipes or conduits and to lay wires therein beneath the public roads, highways, streets, avenues and alleys as they may deem necessary; provided, that said pipes and conduits shall be laid at least two feet below the surface of the same and shall not in anywise unnecessarily obstruct or interfere with public travel, or damage public or private property, and shall not be laid nearer than three feet, except as is hereinafter excepted, to any water or gas main; but no public streets shall be opened for the purpose of laying any such pipes, conduits, or wires without the consent

of the Council of any city, or the Town Commissioners of any incorporated town, or other persons having control over said public roads, highways, streets, avenues and alleys; and provided, that such use of the public streets in any of the cities and towns of this State shall be subject to such regulations, taxation and restrictions as may be first imposed by the corporate authorities of such cities and towns.

SEC. 132. Laying Wires; Regulations:-Every corporation in laying wires for conveying electricity or the conduits containing said wires, shall lay the same at the greatest practicable distance from the outside of any water or gas pipe now laid down, and when it is practicable and so provided in its permits such distance shall not be less than three feet except in cases where it shall be necessary that the said wires or conduits shall cross or intersect any such water or gas pipe.

CORPORATIONS-Article 6.

Gas, Water and Oil Companies.

SEC. 133. Additional Powers; Use of Public Roads, Streets, &c.; Regulations; Crossing of Streams; Regulations; Crossing of Agricultural Lands; Regulations; Eminent Domain: -Every corporation organized under the provisions of this Chapter for the purpose of the production, distribution and sale of gas to be made from coal or other materials, and also every corporation organized as aforesaid, for the supply and distribution of water, and every corporation organized as aforesaid for the transportation and storage of oil, shall in addition to the powers conferred upon corporations generally, have full authority to lay down necessary pipes, mains and conduits beneath the public roads, highways, streets, avenues and alleys of any county, city, incorporated town or district of this State; provided, however, that such pipes, mains and conduits shall be laid at least three feet below the surface of the same, and shall not in anywise unnecessarily obstruct or interfere with