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like mode, manner and form as they might sue for, recover and receive the same from any person who might not be one of their body. [Id., $ 1291.]

Powers of Certain Kinds of Corporations.— Sec. 48. That any macadam road, plank road, telegraph, hydraulic, irrigating, gas company, milling or other manufacturing corporation using power, duly chartered and organized, may furnish, sell, let, or lease, for such time as such corporation may determine, any portion of its water or power or gas to any person or persons or corporation or partnership who may wish to use the same, and may convey water in channels, raceways, or pipes, and convey gas or compressed air in pipes, and may transmit power by shafting, belting, belting and pulleys, ropes and pulleys, or by electrical current, or by compressed air; and such corporation may borrow such sums of money as may be necessary for completing, furnishing or operating its canals, raceways, pipes, dams, mills, or machinery, and may issue and dispose of its bonds for any amount so borrowed, and may mortgage the corporate property and franchise, or any part of the same, to secure the payment of any debt contracted by the corporation for the purposes aforesaid.* [Id., § 1367.]

Stock to be Employed only for Corporate Purposes.-Sec. 49. No corporation created under the provisions of this act shall employ its stock, means, assets, or other property, directly or indirectly, for any other purpose whatever than to accomplish the legitimate objects of its creation. [Id., $ 1285.]

Preferred Stock.- SEC. 50. It shall be lawful for any corporation now organized or that may be hereafter organized under and by virtue of the laws of the territory of Kansas or the state of Kansas to issue preferred stock: Provided, All the stockholders of any corporation so issuing preferred stock shall give their assent to such issue. (Id., § 1287.]

*An irrigation company may, with the consent of its stockholders, sell its right-of-way, its canal, and its other property, to another irrigation company. (State v. Irrigating Co., 40 Kan. 96.)

EMINENT DOMAIN.

V. EMINENT DOMAIN.

Constitutional Provision-Sec. 51. No right-of-way shall be appropriated to the use of any corporation until full compensation therefor be first made in money or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation. [Constitution, Art. 12, $4.]

By Hydraulic, Irrigating, Milling, Manufacturing, Road and Telegraph Companies and Hospital Corporations, and for Piping Gas.— Sec. 52. Lands may be appropriated for the use of macadam road, plank road, hospital corporation or association, telegraph, hydraulic, irrigating, milling and other manufacturing corporations using power, and for the piping of gas,* in the same manner as is provided in this article for railway corporations, as far as applicable; and any macadam road, plank road, telegraph, hydraulic, irrigating, gas company, milling or other manufacturing corporation using power desiring the right to dam or take water from any stream, to conduct water in canals or raceways or pipes, or to conduct compressed air in pipes, or conduct gas in pipes, or transmit power by shafting, belting, or belting and pulleys, or ropes and pulleys, or by electrical current, or by compressed air, may obtain such right or the right of way for all necessary canals, raceways, pipes, shafting, belting and pulleys, ropes and pulleys or wires in manner as aforesaid; and such canals, raceways, pipes, shafting, belting, belting and pulleys, ropes and pulleys, or

* The exact location of the proposed pipe-line need not, in the application, be given by courses and distances. It will be sufficient to state the size of the pipe and the number of feet it will traverse the land, and its general or approximate direction. (In re Ohio Valley Gas Co., 6 Pa. Dist. Rep. 200.)

Providing for carrying natural gas is a legitimate exercise of the power of eminent domain. (Carother's Appeal, 118 Pa. St. 468-475.)

wires may be laid, carried or stretched on, through or over any land or lot, or along or upon any stream of water, using so much of the water thereof as may be needed for any

of the

purposes aforesaid, or through any street or alley or public ground of any city of the second or third class: Provided, That no such canal or raceway shall be located through any street or alley or any public ground of any city without the consent of the municipal authorities thereof: Provided further, That it shall be unlawful for any person or corporation to locate or construct any irrigating canal or raceway along or upon any stream of water or take and use the water of any stream in such manner as to interfere with or in any wise hinder, delay or injure any milling or irrigating improvements already constructed or located along or upon any streams of water, or to diminish the supply of water flowing to or through any established irrigating canal: Provided, That no provision of section 1 shall be so construed that it will allow any person or persons, corporation or corporations, to pipe or carry any natural gas beyond the limits of the state of Kansas: And provided further, That in case of the erection of a dam, the report of the commissioners, instead of defining the quantity and boundaries of the land overflowed, shall designate particularly the height of such dam. [G. S. 1901, $ 1366.] *

Irrigating Canals and Ditch.- Sec. 53. Any and all irrigating-ditch and canal companies which have been heretofore organized or incorporated, or which may hereafter become organized and incorporated, for the purpose of procuring or fur

*As this act says nothing to the contrary, foreign corporations are, as nuuch as domestic corporations, entitled to the benefits of its provisions upon complying with the conditions upon which foreign corporations are entitled to do business in the state. Eminent domain is not exercised for the benefit of corporations, but only to accomplish some public purpose; and hence it is immaterial whether the agency employed in accomplishing that purpose be a domestic or a foreign corporation. (In re Ohio Valley Gas Co., 6 Pa. Dist. Rep. 200; and see note to $529.) The legislature may authorize the exercise of the right of eminent domain on behalf of foreign

nishing water for the purposes of irrigation, which shall desire to condemn the right to take such water from any stream in the state of Kansas shall have the right to procure such condemnation for such purpose in the following manner. [Id., $ 3617.)

Sec. 54. On the presentation to the judge of the district court of the county in which is situated the place where any such company takes or desires to take any water for the purposes mentioned, of a petition signed by such company, or by its authority, stating approximately the number of miles of ditch or canal built or to be built by them, its approximate depth and width, and the amount of water which it takes or which it desires to take, describing as near as may be the stream and place therein at which the canal or ditch proposes to take water from such stream, and asking the appointment of commissioners to condemn such right, the said judge shall appoint three disinterested freeholders of such county to make such condemnation. [II., § 3618.]

Sec. 55. And the persons so appointed as commissioners shall, upon their qualification, cause to be published in some newspaper of general circulation in the county where such water is or is to be taken from a stream, for a period of three weeks, a notice stating the time and place where such commissioners will meet in such county to hear all and any claims for damages for the condemnation of the right to take water from such stream at such point. [Id., S 3619.]

Sec. 56. At the time and place specified in such notice such commissioners shall meet and hear all claims for damages presented to them by any person or persons, in writing, and shall

corporations. (Abbott v. New York & New England Railroad, 145 Mass. 450-453; N. Y., N. H. & H. R. R. ('0. v. Welsh, 143 N. Y. 411; St. Louis & S. F. R. Co. v. Foltz, 52 Fed. Rep. 627-630; In the Matter of Peter Townsend, 39 N. Y. 171-175; Carother's Appeal, 118 Pa. St. 468-489.) And where the language of a statute is general, as, every railroad corporation," or all existing corporations,” or the like, it will be held to include foreign corporations. (N. Y., N. H. & II. R. R. ('0. v. Welsh, 143 N. Y.,

allow and award such damages as to the commissioners shall seem just, reasonable and fair as compensation to the persons presenting such written claims, as may be in the opinion or judgment of such commissioners injured or damaged by the taking of such water. [Id., $ 3620.]

Sec. 57. That the commissioners, after having heard all claims for damages, shall make a report to the clerk of the district court of such county, stating the amount of damages awarded to each party, or in case of a refusal to allow any

damages to any party presenting a written claim, the fact that damages were refused, and shall report the number of inches of water which they condemned the right to take. [Id., S 3621.]

SEC. 58. Such report shall be filed within twenty days from the time appointed in such printed notice for the hearing of said claims, unless the judge of the district court shall, for good cause shown, extend the time for making such report. [Id., § 3622.]

SEC. 59. That any and all persons, including the petitioners, who shall feel aggrieved at the decision of such commissioners, upon any question of damages, shall have the right to appeal from such decision to the district court of said county upon executing and filing with the clerk of said district court an appeal bond, sufficient in amount and with sufficient surety, to be approved by the said clerk, providing that such appeal be presented without any unnecessary delay, and that the party appealing shall pay all costs which may be awarded against him upon such appeal. [Id., $ 3623.]

Sec. 60. That upon such appeal being taken, the same shall be tried by the district court so far as the question of damages is concerned only; and as to such question it shall be tried the same as though no decision had been made by the commissioners thereon. [Id., § 3624.]

Sec. 61. That the party making application shall within sixty days from the filing of such report file with the county treasurer

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