agreed upon, and the statute does not prevent the owner of premises used for agricultural purposes or otherwise from granting a pipe-line company the privilege of carrying its lines over his land upon such terms and under such conditions as he may choose to require. Clement v. United States Pipe Line Co., 253 Pa. St. 187. 1070. 8. CROSSINGS-PROCEDURE AND PRACTICE BOND AND DRAFT. A pipe-line company purporting to be organized under the Act of June 2, 1883 (P. L. 61), applied to a court for the approval of its bond given to a railroad company whose property it proposed to cross. It is sufficient where the bond and draft, or drawings, show what road is meant and the point of the proposed crossing. On such a showing it must be assumed by the court that the crossing will be made as prescribed by the statute. Crescent Pipe Line Co., In re, 2 Pa. Dist. Rep. 93, p. 95. Where a pipe-line company applies to a court for an approval of its bond and drawings, where it proposes to cross the property of a railroad company, the legality of the incorporation and the validity of the charter of the pipe line company can not be inquired into under this act or under the Act of June 19, 1871 (P. L. 1360), or under any other statute. The rule is that the charter of a regularly incorporated company can not be called in question or assailed in any merely collateral suit affecting the right of the corporation. Crescent Pipe Line Co., In re, 2 Pa. Dist. Rep. 93, p. 95. 9. BREAKAGE AND LEAKAGE OF LINE-LIABILITY-PROXIMATE CAUSE. This amendatory act makes corporations organized under the original act of April 29, 1874 (P. L. 73), liable for all damages occasioned by leakage or breaking of pipes or tanks. This imposes upon any such company the liability of an insurer against all injuries to person or property that would follow or be caused by a leak in its line. Chester National Bank v. Southern Pipe Line Co., 40 Pa. Supr. Ct. Rep. 87, In determining what was a proximite cause that would render a pipe-line company liable for damages occasioned by the breaking of its pipe line, the rule is that the injury must be the natural and probable consequences of the breaking and escaping of the oil, such a consequence as under the surrounding circumstances of the case might and ought to have been foreseen by the pipe-line company as likely to flow from the breakage of the line. Chester National Bank v. Southern Pipe Line Co., 40 Pa. Supr. Ct. Rep. 87, p. 93. A pipe-line company's line carrying oil broke and the oil flowed out and down into the waters of a stream and near to or against a mill standing on the banks of the stream. A by-stander over whom the pipe-line company had no authority or control, and in the absence of and without the knowledge of any of its managing officers, and ignorant or heedless of the manifest danger, threw a blazing match into the oil by which it was instantly set on fire, and the flames carried to and destroyed the mill. Under these circumstances the question as to whether the breaking of the pipe was the proximate cause of the loss of the mill was one of fact to be determined by a jury in an action by the mill owner 125672°-20-31 against the pipe-line company for damages. A court could not say as a matter of law that the breaking of the pipe was the proximate cause of the destruction of the mill. Chester National Bank v. Southern Pipe Line Co., 40 Pa. Supr. Ct. Rep. 87, p. 94. See Stoner v. Pennsylvania Fuel Supply Co., 40 Pa. Supr. Ct. Rep. 599. Tex. Civ. App. Lucesco Oil Co. v. Pennsylvania R. Co., 2 Pittsburgh Rep. 447. When a pipe-line company appropriates and holds dominion over so much of the farming lands of an owner as may be necessary for its pipe line, the statute requires it to bury its pipes at least 24 inches deep. Under the right to maintain its line, no matter what crops the owner may have growing, the company may enter upon, trample down, dig up and destroy them upon the ground so appropri ated and taken at any time a leakage or breakage in the pipe may occur for the purpose of making the needed repairs. Bollinger v. Southern Pipe Line Co., 2 Pa. Dist. Rep. 604, p. 607. 10. TELEGRAPH LINE-RIGHT OF APPROPRIATION. A pipe-line company organized under this act for the transportation and storage of oil by means of pipe lines and tank can not after operating its pipe line for many years for the storage of oil condemn land for the purpose of constructing thereon a telegraph line. Crescent Pipe Line Co.'s Petition, 56 Pa. Super. Ct. Rep. 201, p. 204. What a pipe-line company is expressely authorized to do is set forth in this act with such detail of specification as to exclude by clear implication the maintenance of a telegraph line as a part of the franchise. Crescent Pipe Line Co.'s Petition, 56 Pa. Super. Ct. Rep. 201, p. 205. CONTROL OF PIPE LINES-CONSOLIDATION PROHIBITED. LAWS 1883, P. 93. JUNE 13, 1883. AN ACT to prevent the consolidation of competing pipe lines for the transportation of oil, or to hold the controlling interest in the stock or bonds of competing pipe lines, or the acquisition or control, either directly or indirectly, by purchase or otherwise, and prescribing penalties for the violation thereof. (Repealed. See act following.) SEC. 1. Be it enacted, etc.: That no corporation, association, partnership or individual owning, operating or controlling any pipe line or lines, for the transportation of oil shall ac quire, either by purchase, lease or otherwise, any competing pipe line, or the controlling interest in the stock or bonds of any competing pipe line, nor in any way, either directly or indirectly, control, operate or own any competing pipe line, or the controlling interest in the stock or bonds thereof. SEC. 2. Whenever any corporation, association, partnership or individual, owning, operating or controlling any pipe line or lines, for the trasportation of oil, shall acquire by purchase, lease or otherwise any other competing pipe line, or a controlling interest in the stock or bonds of any such other competing pipe line, in violation of the provisions of this act, the stock and bonds so held, and the pipe line, together with all franchises so purchased, leased, controlled or otherwise acquired, and the earnings thereof, from the date of such purchase, lease or acquiring the controlling interest therein, shall be forfeited to, and become the property of the Commonwealth. SEC. 3. Whenever any pipe line franchises, property, stocks, bonds become forfeited and escheat to the Commonwealth under the first and second see tions of this act, such forfeiture and escheat may be decreed, under proceedings by quo warranto, in any court of common pleas of this State, from which decree any party interested may appeal to the Supreme Court, at any time within six months after such decree, and not afterward, and the court before which such proceedings are begun shall appoint a receiver, upon due cause shown, or require the defendant or defendants in such suit to execute bonds in sufficient amount, to be fixed and approved by the court, conditioned for the payment into court, on the termination of such litigation, of the earnings of such competing pipe line. After a final decree of the court establishing the forfeiture and escheat to the Commonwealth, as provided in section three of this act, the court making such decree shall order the pipe line, franchises, stock and bonds so escheated, to be sold at public auction by the sheriff of the county, after notice of said sale by publication, for four successive weeks, in one newspaper in each county through which the escheated pipe line passes, but in case said pipe line passes through but one county, then in two papers published in that county; and at said sale the said pipe line, franchises, property, stocks and bonds shall be sold to the highest and best bidder, on such terms as may be fixed by the court ordering such sale; and it shall be the duty of the sheriff making such sale, to give the auditor general and the attorney general at least twenty days' notice of the time and place of such sale: Provided, That no corporation, association, partnership or individual owning, controlling or operating any competing pipe line, or the controlling interest in the stock or bonds thereof, shall become a purchaser at such sale; and in case any corporation, association, partnershp or individual owning, controlling or operating any competing pipe line, or the controlling interest in the stock or bonds thereof, should become the purchaser, at such sale, such purchaser shall be liable for the amount of his bid, but shall acquire no title in the property thus purchased. SEC. 5. That on the confirmation of the sale of such pipe line by the court, and the payment of purchase money into court (or the cash payment fixed by the court), also the earnings of such pipe line from escheated as provided in section second of this act, the court shall appoint an auditor to distribute the same, which said distribution shall be as follows: First, The costs of the suit under which the sale took place, and costs of distribution. Second, The innocent stock and bondholders shall receive the market value of their stock and bonds, and interest thereon: Provided, Innocent stock and bondholders shall be construed to mean those who, neither directly or indirectly, aided or consented, either by their acts or silence in the violation of sections one and two of this act. Third, The remainder shall be awarded to the Commonwealth of Pennsylvania. SEC. 6. All mortgages, liens or encumbrances placed upon any pipe line by any corporation, association, partnership or individual, after the violation of the provisions of this act, or any mortgage, lien or encumbrance placed upon any pipe line by any corporation, association, partnership or individual, having in view the violation of the provision of this act, shall be and they are hereby declared null and vod. SEC. 7. The courts shall have power to summon the officers of any such corporation, association or partnership, or either of them, or any individual by subpoena, citation or otherwise, as the said court shall direct, to appear before said court and produce all, or any of its, their or his books and papers, and to examine them or him, upon oath, to ascertain whether he, they or any of them have violated any of the provisions of this act, and shall have power to enforce his or their appearance, by attachment, as in case of other witnesses, or the said court may direct to be filed a bill of discovery in the said court, against the officers, directors, trustees, managers or individual owning, managing or controlling any such pipe line, or either of them, which said bill of discovery, the defendant or defendants therein, shall answer under the compulsion usual in such cases, and the evidence so taken and his or their answers, may be used in the said proceedings to assert the rights of the Commonwealth. SEC. 8. The purchaser or purchasers of any pipe line, sold under the provisions of this act, shall be entitled to all the franchises, rights and privileges enjoyed by such pipe line at or immediately before the violation of the provisions of this act. And it shall be the duty of such purchaser or purchasers to notify the secretary of the Commonwealth, and the auditor general of such purchase, and the names and residence of the person or persons purchasing the same, within thirty days from the confirmation of such sale by the court. And upon the reorganization of such corporation, association or partnership, (which shall be done under existing law, and within ninety days from and after the confirmation of such sale by the court,) notice of such reorganization shall forthwith be given to the secretary of State, and the auditor general: Provided, That all such reorganized corporations, associations or partnerships shall be subject to all the provisions of the constitution and laws of the Commonwealth, governing such corporations, associations and partnerships. CONSOLIDATION-REPEALING ACT. LAWS 1895, P. 15. MARCH 6, 1895. AN ACT to repeal an act, entitled "An act to prevent the consolidation of competing pipe lines for the transportation of oil, or to hold the controlling interests in the stock or bonds of competing pipe lines, or the acquisition or control, either directly or indirectly, by purchase or otherwise, and prescribing penalties for the violation thereof," approved June 13, 1883. SEC. 1. Be it enacted, etc.: That an act, entitled "An act to prevent the consolidation of competing pipe lines for the transportation of oil, or to hold the controlling interest in the stock or bonds of competing pipe lines, or the acquisition or control, either directly or indirectly, by purchase or otherwise, and prescribing penalties for the violation thereof," approved June 13, 1883, be, and the same is hereby, repealed. PROTECTION OF PIPE LINES. LAWS 1885, P. 145. JUNE 23, 1885. AN ACT to protect oil, gas and water wells, tanks, pipes and machinery connected therewith, and to prevent wilful and malicious injury thereto. SEC. 1. Be it enacted, etc.: NOTE. This act relates principally to the protection of oil and gas wells and incidentally to the protection of pipe lines. For entire act, see page 845. PARTICULAR MINING COMPANIES. NOTE. Copies of acts incorporating mining companies are given only where such companies are given the power of eminent domain in the construction of railroads. The names of the companies are arranged in alphabetical order without reference to the date of incorporation. ALLEGHENY AND BALD EAGLE RAILROAD, COAL AND IRON COMPANY. LAWS 1838-39, P. 285. JUNE 12, 1839. AN ACT to incorporate the Allegheny and Bald Eagle Railroad, Coal, and Iron Company. SEC. 1. Be it enacted, etc.: That (certain named persons), their successors and assigns, be and they are hereby constituted a body politic and corporate, by the name and style of the Allegheny and Bald Eagle Railroad, Coal and Iron Company, for the transaction of the usual business of companies engaged in making railroads, of mining bituminous coal and iron ore, manufacturing iron by the use of mineral coal, and in transporting the same to market; and in selling the same. SEC. 2. The said company shall have the right to hold two thousand acres of land at any one time, and their land shall lie in Boggs and Howard Townships, Center County, in this Commonwealth, and in no other county, and the same, or any part thereof, to sell or otherwise to dispose of, as the interest of the company may require: Provided, however, That the company may purchase and hold, as above, such lot or lots of land, not exceeding three acres, elsewhere, as may be found convenient as places of deposit, or otherwise, for the sale of the products of their mines and business. SEC. 3. The capital stock of the said company shall consist of four hundred thousand dollars, and shall be divided into eight thousand shares, of fifty dollars each, which capital shall only be employed in making railroads, and in purchasing and holding the lands aforesaid, with the improvements, if any thereon, and in constructing such other improvements, buildings, cars, boats, engines, and machinery, as may be necessary or useful for the mining of coal and ore, in manufacturing iron by the use of mineral coal, and for the transportation and sale of the same, and in the payment of such salaries, wages, and other expenditures, as shall be requisite for the aforesaid purposes of the company; and the said stock shall be assignable and transferable, according to such rules and regulations as the board of managers shall establish. SEC. 12. The company hereby incorporated shall have power to construct a railroad from any of their lands or beds of coal, or iron ore, on the western side of the Allegheny Mountains, to the Bald Eagle Creek, in Center County, at such place or places as they may deem most convenient, and are hereby authorized to charge the same rates of toll, on articles and passengers transported on said road, as are permitted to be charged by the "Act to authorize the governor to incorporate the Philadelphia and Reading Railroad Company," passed April 4, 1833, and shall have similar powers and immunities, and be subject to the same terms and conditions, that are provided in the same act, incorporating the Philadelphia and Reading Railroad Company. Provided, That the said railroad shall be commenced within six years from the passage of this act, and shall be completed within ten years therefrom. And provided further, That previous to the commencement of the work on any part of the said railroad, the said company shall cause the damages on such part to be assessed by five disinterested persons, to be appointed by the court of common pleas of the county of Center, and paid, or in the event of an appeal by either party from the award of the said viewers, secured in such manner as shall be approved by the said court; and that the court of common pleas, and the juries of Center County, shall have the same jurisdiction and powers which, by the act incorporating the Philadelphia and Reading Railroad Company, are vested in the courts and juries of the respective counties through which said road passes. TIME EXTENDED-SUPPLEMENT. LAWS 1857, P. 789 (APPENDIX). MAY 2, 1855. SUPPLEMENT to an act, entitled "An act to incorporate the Allegheny and Bald Eagle Railroad, Coal and Iron Company." SEC. 1. Be it enacted, etc.: That the time for commencing the construction of the railroad authorized by the act of June 12, 1839, and the supplements thereto, entitled "An act to in |