EXCHANGE GENERAL LAWS or MASSACHUSETTS RELATING TO THE MANUFACTURE AND SALE OF GAS AND ELECTRICITY PERSONS AND CORPORATIONS, BOTH PRIVATE AND MUNICIPAL. COMPRISING THE PROVISIONS OF THE REVISED LAWS WITH SUBSEQUENT LEGISLATION TO AND INCLUDING THE ACTS OF THE YEAR 1910. ALSO THE SPECIAL LAWS RELATING TO THE BOSTON CONSOLIDATED GAS COMPANY, THE ACT OF 1910 TO PROVIDE FOR THE ABATEMENT OF SMOKE IN BOSTON AND VICINITY AND A TABLE OF ALL SPECIAL LAWS RELATING TO THE MANUFACTURE AND SALE OF GAS AND ELECTRICITY. COMPILED BY THE BOARD OF GAS AND ELECTRIC LIGHT COMMISSIONERS. BOSTON: WEIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 POST OFFICE SQUARE. 1910. APPROVED BY THE STATE BOARD OF PUBLICATION. NOTE, This edition of the general laws relating to persons and corporations, private and municipal, engaged in the business of manufacturing and selling gas and electricity, has been prepared for the convenience of parties in- terested, and with especial reference to the jurisdiction and duties of the Board of Gas and Electric Light Commissioners. In the absence of a codi- fication of the laws in question, the text is made up primarily of chapters 121, 34, 58, 110 and 122 of the Revised Laws, but with these chapters and under their respective general titles are printed such other provisions of the Revised Laws and subsequent acts as are necessary to the proper interpre- tation and understanding of the provisions of the chapters named. The Boston Consolidated Gas Company serves so large a territory and so large a proportion of the total population of the Commonwealth that it has been deemed best to add to this compilation the recent special acts which apply to this company. The act of 1910 relative to the abatement of smoke in Boston, Brookline, Cambridge, Chelsea, Everett and Somerville imposes the duty of admin- istering this law upon the Board, and is therefore given in full. As a matter of convenience and interest a table of all special laws relating to the manufacture and sale of gas and electricity has been added, includ- ing special laws enacted by the General Court in 1910. Sections which have been repealed are enclosed in brackets; new or sub- stituted sections are printed in italics. Words which have been stricken out by amendment are enclosed in brackets, and words which have been inserted by amendment are printed in italics. TABLE OF CONTENTS. [Showing the pages on which may be found the provisions of the'Revised Laws and subsequent legislation contained in this publication.] REVISED LAWS: PAGE ACTS OF 1903 Concluded. PAGE c. 5, 11, . 129 c. 417, 150-160 c. 9, 7, . . 15 c. 423, 113, 114 c. 18, 6, . 15 c. 424, . 129 c. 25, 52-55, 83, . . 142, 143 c. 464, 96, 97 c. 26, 6, . 144 c. 484, 58-60 c. 27, 5, 8, 9, 12, . . 65 13, . 66 c. 34, 61-87 ACTS OF 1904: c. 47, 21, . 133 c. 435, .... 12, 13 c. 48, 85, . 144 c. 57, 86-93, 56-58 ACTS OF 1905: c. 58, 88-99 c. 156, . 138 c. 98, 3, . 60 c. 410, 1, 2, . 70-72 c. 109, 2-6, . . Ill, 112 3, 4, . 74-77 7, . . 103 5, . . ^ 79, 80 8-10, . 104, 105 6, 83, 84 11, . . 106 7, . 84 15-17, . . 112 c. 421, 1, . 151-153 18, . . 120 2, 3, . 159, 160 20, 21, 24, 26-28, 30, 31, 18-21 32-35, . 112, 113 40, . . 125 ACTS OF 1906: 41-57, . 136-139 c. 117, . 142 c. 110 ( 6, 8, 10-12, 49, 56 , 71-75 c. 218, 63, 64 omitted), . . . 100-140 c. 392, 22, 23 c. 121, . . . . . 9-35 c. 411, . 76 c. 122 ( 6-15, 24, omitted), . 141-149 c. 422, . . 161-164 c. 126, 1, 11, . 23 c. 434, . . . . . . 59 c. 463, III., 59-63, 155, 160, . 62, 63 ACTS OF 1902: c. 228, .... 90-93 ACTS OF 1907: c. 441, . . . 122, 123 c. 54, . 11 c.453, 2-4, . 57, 58 c. 316, . . . c. 581, 3-5, . 55, 56 ACTS OF 1903: c. 164, .... . 31 ACTS OF 1908: c. 237, .... . 141, 142 c. 163, .... 105, 106 c. 255, .... . 69 c. 205, 1, 2, . 56, 57 c. 406, 30 c. 219, 140 TABLE OF CONTENTS. ACTS OF 1908 Concluded. PAGE ACTS OF 1909 Concluded. PAGE c. 233, . 148 c. 514, 20-23, 37-43, . 85-87 c. 243, . . 34 17-19, 25-29, 33-36, 45 ,52, c. 304, . 57 78-85, 91-94, 96-100, 103, c. 341, 1, 2, 4, . 64-66 104, 112, 113, 120, 127-141, c. 382, . . 140 144, .... 39-53 c. 444, . 16 c. 469, . 93 ACTS OF 1910: c. 486, . ... . 77 c. 124, 126 c. 529, 26, 27 c. 166, 2, .... . 50 c. 534, 121, 122 c. 171, 114-120 c. 536, . 11 c. 197, . 104 c 617 28, 29 c. 219, 57 c. 655, 9, 10 c. 220, 13, 14 c. 268, 16, 17 ACTS OF 1909: c. 270, . 37 c. 173, . 74 c. 346, . 102 c. 316, . 27 c. 350, . 47 c. 318, . 94 c. 374, 21, 22 c. 420, ..... . 60 c. 379, . 66 c. 424, 1, 56 c. 445, 53, 54 c. 439, . 35 c. 452, . 15 c. 440, 35-37 c. 539, . 10 c. 441, . 31 c. 559, 54, 55 c. 477, . 21, 22 c. 616, . 67 c. 483, 1, ' . .,'.. 94, 95 c. 624, . . . ( . 80-83 2-4, . 96-99 c. 651, 165-170 5-8, . . 91-93 c. 490, I., 23, . 35 HI., 9, . . . 12 III., 39-43, 45, . 35-39 LAWS RELATING TO GAS AND ELECTRICITY REVISED LAWS. CHAPTER 121. OF GAS AND ELECTRIC LIGHT COMPANIES. SECTIONS 1-0. Board of Gas and Electric Light Commissioners. SECTIONS 10-41. Gas and Electric Light Companies. BOARD OF GAS AI^D ELECTKIC LIGHT COMMISSIONERS. SECTION 1. There shall be a board of gas and electric Board of gas light commissioners consisting of three persons, citizens fight e com- ic of this commonwealth, one of whom shall annually before the first day of July be appointed by the governor, with the advice and consent of the council, for a term of three i||ji 373! years from said day. The commissioners shall be sworn 1898,' 499! to the faithful performance of their official duties. They 558. shall not be in the employ of or own any stock in any gas or electric light company or be in any way, directly or in- directly, pecuniarily interested in the manufacture or 1910 > 539 - sale of gas or electric light or of any article or commodity used by gas or electric light companies or used for any purpose connected with the manufacture or sale of gas or electric light, [and shall not engage in any other business.] The governor shall designate the chairman of the board and may, with the advice and consent of the council, re- move any member for cause after notice and hearing. The chairman of the board shall receive from the common- wealth an annual salary of four thousand dollars and each of the other two members an annual salary of three thou- sand five hundred dollars. The board shall be provided with an office in the state house or in some other suitable place in the city of Boston in which their records shall be kept. Acts of 1908, Chapter 655. An Act relative to Accommodations for the Board of Gas and Elec- tric Light Commissioners, and to authorize the Rearrangement of Booms in the State House. SECTION 1. On or before the first day of September, or such B ,f ^ ^Lf as other date as the governor and council may determine, in the pres- light com- ,,.,., , ,, missioners to ent year, the board of gas and electric light commissioners shall be provided vacate the rooms in the state house now occupied by the board, offices, etc. 10 GAS AND ELECTRIC LIGHT COMPANIES. Rooms va- cated to be remodeled, etc. Salaries of gas and electric light commis- sioners established. shall provide itself with suitable offices elsewhere for the transac- tion of its business, and may remove thereto such portion of the furniture now in use by the board as may be suitable for its use in the new location. The rental of such offices, the expense of fitting and furnishing the same for the use of the board, and the cost of removal from the rooms now occupied by the board shall be borne by the several gas and electric light companies in proportion to their gross earnings and, together with the other annual ex- penses of the commissioners, shall be assessed and recovered in the manner provided by section three, Part I, of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, for the assessment and recovery of the expenses of the railroad commissioners. SECTION 2. The governor and council may remodel and rear- range the rooms vacated by the board of gas and electric light commissioners, and may cause them to be used for such purposes and by such departments or officials as the governor and coun- cil may designate. SECTION 3. This act shall take effect upon its passage. [Ap- proved June 13, 1908. Acts of 1910, Chapter 539. An Act relative to the Salaries of the Board of Gas and Electric Light Commissioners. SECTION 1. The annual salary of the chairman of the board of gas and electric light commissioners shall be five thousand dollars and that of the other commissioners forty-five hundred dollars each, from and after the first day of July in the year nineteen hundred and ten. SECTION 2. This act shall take effect upon its passage. [Ap- proved May 18, 1910. Clerk of commission. 1885, 314, 1. 1894, 503. 1898, 499. Incidental expenses and clerical as- sistance. 1885, 314, 5 1891, 351. 1895, 463, 1, 1899, 365. 1901, 499, 1 SECTION 2. The board shall have a clerk, who shall be appointed by the governor, with the advice and consent of the council, who shall not engage in any other business, shall keep a full and faithful record of the proceedings of the board, shall serve such notices and perform such other duties as the commissioners may require and shall be sworn before entering upon the performance of his duties. [SECTION 3. The board may expend not more than three thousand dollars annually for necessary statistics, books and stationery and for necessary incidental ex- penses ; and not more than forty-one hundred dollars an- nually for clerical assistance.] Repealed. 1907,54,^3. GAS AND ELECTRIC LIGHT COMPANIES. 11 Acts of 1907, Chapter 54. An Act relative to the Expenses of the Board of Gas and Electric Light Commissioners. SECTION 1. The board of gas and electric light commissioners Gas and may expend annually for necessary statistics, books, stationery commission* and contingent expenses, and for clerical assistance, such sum as expensesTetc. the general court shall annually appropriate. SECTION 2. The salary of the inspector of gas meters shall be Salaries, etc. twenty-five hundred dollars a year ; of the first assistant inspector, fifteen hundred dollars a year; of the second assistant inspector, twelve hundred dollars a year; and the board of gas and electric light commissioners may expend annually for the compensation of deputies, and for office rent, travelling and other necessary ex- penses incident to the duties of said inspectors, such sum as the general court shall annually appropriate. SECTION 3. Section three of chapter one hundred and twenty- Repeal, one of the Revised Laws and section six of chapter two hundred and twenty-eight of the acts of the year nineteen hundred and two are hereby repealed. SECTION 4. This act shall take effect upon its passage. [Ap- proved January 31, 1907. Acts of 1908, Chapter 536. An Act relative to the Expenses of the Board of Gas and Electric Light Commissioners. SECTION 1. The board of gas and electric light commissioners Expenses of may expend annually for necessary statistics, books, stationery and contingent expenses, and for clerical assistance, such sums as the general court shall annually appropriate. SECTION 2. The salary of the present inspector of gas meters salaries of and of illuminating gas shall be twenty-eight hundred dollars a em P lo y ees - year; of the present first assistant inspector, eighteen hundred dollars a year; of the present second assistant inspector, sixteen hundred dollars a year; and the board of gas and electric light commissioners may expend annually for the compensation of deputies, and for office rent, travelling and other necessary ex- penses incident to the duties of said inspectors, such sum as the general court shall annually appropriate. SECTION 3. So much of chapter fifty-four of the acts of the Repeal, year nineteen hundred and seven as is inconsistent herewith is hereby repealed. SECTION 4. This act shall take effect upon its passage. (The foregoing was laid before the Lieutenant Governor, Acting Governor, on the fourteenth day of May, 1908, and after five days 12 GAS AND ELECTRIC LIGHT COMPANIES. Assessment of expenses. 1885, 314, 6. 1887, 382, 4. 1891, 351. 1895, 463, 1899, 365. Repealed. 1904,435. Of railroad, gas and electric light commis- sioners. 1864, 152,1 7. 1869,408,% 9. 1874, 372, 118. 1878,167,% 1. P.S.112, %12. 1885, 314, 6. 1887,334,% 4; 382, % 4. 1890,200, % 3. 1891,351. 1894,535, % 8. 1895, 313; 463, % 1. 1897, 376, % 4. 1899, 365. R.L.lll, % 10; 121, 4. 1904,429; 435, % 1. 1906,463, Ft. I., % 3. Balance re- maining December 31, etc., to be carried to next year. it had " the force of a law ", as prescribed by the Constitution, as it was not returned by him with his objections thereto within that time.) [SECTION 4. The annual expenses of the commission- ers and clerk, including salaries, shall be borne by the several gas and electric light companies in proportion to their gross earnings, and shall be assessed and recovered in the manner provided by section ten of chapter one hun- dred and eleven for the assessment and recovery of the expenses of the railroad commissioners.] Acts of 1904, Chapter 435. An Act relative to the Assessment of the Salaries and Expenses of the Board of Gas and Electric Light Commissioners. SECTION 1. (Superseded by Acts of 1909, chapter 490, Part III., $ 9.) Acts of 1909, Chapter 490, Part III., 9. Section 9. All sums of money annually appropriated by the general court for the salaries and expenses of the board of rail- road commissioners and of the board of gas and electric light commissioners, their clerks and employees, shall be apportioned by the tax commissioner among the several railroad corporations and street railway companies and among the several gas and electric light companies, respectively; and on or before the first day of July in each year he shall assess upon each of said corpo- rations and companies its share of said sums, in the case of rail- road corporations and street railway companies in proportion to its gross earnings from the transportation of persons and property for the year last preceding the year in which the assess- ment is made, and in the case of gas and electric light companies in proportion to its gross earnings for the year last preceding the year in which the assessment is made; and such assessments shall be collected in the same manner as taxes upon corporations. SECTION 2. Of the amount so assessed and collected any bal- ance remaining on the thirty-first day of December in any year, and all forfeitures collected under section thirty-two of chapter one hundred and twenty-one of the Revised Laws and all fees collected under section thirty-six of said chapter and under sec- tion five of chapter two hundred and twenty-eight of the acts of the year nineteen hundred and two, during the year, shall be carried forward to the next year and shall be taken into account in making an appropriation for that year. GAS AND ELECTRIC LIGHT COMPANIES. 13 SECTION 3. Section four of chapter one hundred and twenty- Repeal, etc. one of the Revised Laws is hereby repealed ; but on or before the first day of July, nineteen hundred and four, the tax commissioner shall apportion and assess such expenses therein mentioned as were incurred by the board of gas and electric light commissioners prior to the first day of January, nineteen hundred and four, in the manner therein provided. SECTION 4. This act shall take effect upon its passage. [Ap- proved June 8, 1904. Acts of 1910, Chapter 220. An Act to provide for Supervision by the Governor and Council of Expenditures and Other Financial Operations of the Com- monwealth. SECTION 1. Every officer or board having charge of any de- Certain partment, institution or undertaking which receives an annual folbeTub- 8 appropriation of money from the treasury of the commonwealth, including annual appropriations to be met by assessments, shall, annually, on or before the fifteenth day of November, submit to the auditor of the commonwealth statements in detail showing the amount appropriated for the current fiscal year and the amounts required for the ensuing fiscal year, with an explanation of the reason for any increased appropriation, and with citations of the statutes relating thereto, and with a statement of the expendi- tures for the current year and for each of the next preceding two years. The said estimates shall not include any estimates for special purposes or objects. The auditor of the commonwealth shall embody the said statements, with a like statement relating to his own department, in one document, which shall be printed, and shall be submitted on or before the first Thursday in January of each year to the governor and council for examination, and the governor shall transmit the same to the general court with such recommendations, if any, as he may deem proper. The auditor shall also submit his estimates for the ensuing fiscal year for the ordinary and other revenue of the commonwealth which shall be made a part of the document herein provided for. Copies of the document shall be distributed to the members of the general court. SECTION 2. Officers, heads of departments, boards, commis- Annual sions and trustees of institutions, who, in their annual reports, or boards! corn- otherwise, recommend appropriations from the state treasury for special purposes or objects, including appropriations to be met by assessments, in addition to the ordinary running expenses, shall submit estimates thereof in detail to the auditor of the common- year, etc wealth on or before the fifteenth day of November in each year, 14 GAS AND ELECTRIC LIGHT COMPANIES. Plans, esti- mates, etc., to be submitted to the gov- ernor and council. Information in regard to revenue to be furnished. Recommenda- tions of the governor, etc. Repeal. General duties of board. 1885, 314, 8. ' 1887, 382, 1, 6; 385, 7, 10. 197 Mass. 558. Regulation of purity of gas. 1885, 314. 11. 197 Mass. 558. and he shall classify them and embody them in one document which shall be printed, and shall be submitted on or before the first Thursday in January of each year to the governor and council for examination, and the governor shall transmit the same to the general court with such recommendations, if any, as he may deem proper. He shall make recommendation as to how much should be raised by the issue of bonds and how much should be paid out of current revenue. Copies of the document shall be distributed to the members of the general court. SECTION 3. The plans, estimates and specifications made in accordance with the provisions of chapter five hundred and twenty of the acts of the year nineteen hundred and seven, or of amend- ments thereof, relating to any improvement described in either of the documents aforesaid, shall at the same time be submitted to the governor and ccuncil. SECTION 4. The auditor shall furnish to the governor and council such further information in regard to the revenue, ex- penditures and other financial operations of the commonwealth, and in such form as the governor may require. SECTION 5. The governor may, in his discretion, transmit to the general court from time to time, with his recommendations, if any, thereon, particular items in either of the said documents, and may withhold other items for further investigation. SECTION 6. Section twenty-six of chapter six of the Revised Laws, as amended by section six of chapter two hundred and eleven of the acts of the year nineteen hundred and five and sec- tion five of chapter five hundred and ninety-seven of the acts of the year nineteen hundred and eight, and all acts and parts of acts inconsistent herewith, are hereby repealed. SECTION 7. This act shall take effect upon its passage. [Ap- proved March 16, 1910. SECTION 5. Said board shall have the general super- vision of all corporations and companies which are engaged in the manufacture and sale of gas or electricity for light or heat, and shall make all necessary examinations and inquiries and keep themselves informed as to the compli- ance of the several corporations and companies with the provisions of law. SECTION 6. The board shall, from time to time, ascer- tain what degree of purity can reasonably he required in gas made and supplied by corporations and companies engaged in the manufacture and sale of gas for light or GAS AND ELECTRIC LIGHT COMPANIES. 15 heat, and shall. report to the general court, when, in its opinion, any change in the law relative thereto is desir- able. SECTION 7. The board shall annually, on or before the Annual report, first Wednesday in January, transmit to the secretary of 14.' * the commonwealth a report to the general court of its 8 2 86 ' 346> doings, with such suggestions as to the condition of affairs 8 2% 382 ' or conduct of corporations and companies which are en- | 8 2 88> 350 > gaged in the manufacture and sale of gas or electricity for light or heat as may be appropriate, with such ab- stracts of the returns required by section thirty-one as it considers expedient and an abstract of the accidents re- ported to it under the provisions of section thirty-nine. Revised Laws, Chapter 18, 6. SECTIOX 6. State boards and commissions shall annually, on or Recommenda- before the first Wednesday in January, deposit with the secretary inflation. of the commonwealth such parts of their annual reports which are required to be made to the governor and council or to the general 191 > 452 - court as contain recommendations or suggestions for legislative action, such recommendations or suggestions to be accompanied by drafts of bills embodying the legislation recommended, and the secretary shall forthwith transmit them to the governor and coun- cil or to the general court. Revised Laws, Chapter 9, 7. SECTION 7. There shall be printed annually, before the assem- Public docu- bling of the general court or as soon thereafter as possible, the 1357, 40, 2. number of copies of documents and reports hereinafter specified, i863, 4 2i9 2 ' the same to be numbered in a series to be called public documents. J|. *J|- Said reports shall be as brief as possible without omitting any ^ 5^ facts or information required by law to be contained therein. [No i. ' * .11 iHoO, lyo, maps, plans, photogravures, wood cuts or other pictorial illustra- i. tions shall be introduced unless specially authorized by the gen- i. eral court or either branch thereof or, if the cost does not ex- ceed five hundred dollars, with the previous approval of the | 8 7 89> 440 secretary of the commonwealth, acting as supervisor of state | 8 7 94 > 393 > printing, and of the auditor of accounts; but said reports may i|96, 258. include abstracts or compilation of the statutes relative to the i90i| 257] subject matter of the respective reports.] They shall be trans- 8;230;' mitted to the general court through the office of the secretary 7;'470,' 2. of the commonwealth. No more copies than is herein provided for shall be printed at the expense of the commonwealth or be 16 GAS AND ELECTRIC LIGHT COMPANIES. 1903, 291; 390. 1904, 209; 388, 1,2; 410. 1905, 138; 275. paid for out of any contingent fund, or out of the earnings of any department or institution which are the property of the com- monwealth; and no bill for printing any larger number shall be approved by the auditor or paid out of any funds belonging to the commonwealth. Gas and electric light. Amended. 1908,444. Of the board of gas and electric light commissioners, thirty- ' 122* 2 ' ^ Ve nun< ^ re ^ Copies. 1889, 440, 7. 1894, 393, 7. 1895, 463, 2. Unless otherwise expressly provided, all the reports of perma- nent state officers, boards and commissioners shall be included in the public document series, and one thousand copies of each of said reports shall be printed. The number of copies of any re- port to be printed in any one year may be decreased by agree- ment between the officer, board or commission making such re- port and the secretary of the commonwealth. Lists of officials and employees of the common- wealth to be furnished to the governor and council, etc. Auditor to verify lists, etc. Acts of 1910, Chapter 268. An Act to provide for the Annual Preparation and Printing of Lists of State Officials and Employees with their Salaries or Compensation. SECTION 1. Every department, commission, bureau or board of the commonwealth, shall, on or before the fifteenth day of July in the year nineteen hundred and ten, and on or before the fif- teenth day of July in every year thereafter, prepare and furnish to the governor and council lists of all the officials and employees of the commonwealth employed in or by such department, commis- sion, bureau or board on the first day of July preceding, for whose services money has been paid from the treasury of the commonwealth. The said lists shall be arranged by divisions of the several departments, commissions, bureaus or boards, when such divisions exist, and shall give the name, residence, designa- tion, rate of compensation and the date of election or appoint- ment of every such official and employee, and any increase in the rate of salary or compensation for the year preceding; and also the aggregate amount of all money paid for services or salaries to any official or employee, not otherwise shown upon the list, for the year beginning with the first day of July in the year preceding that in which the list is prepared. It shall be the duty of the auditor of the commonwealth to verify the said lists, the compensation and the said aggregate amounts from the pay roll. The said lists and aggregate amounts shall be printed at the ex- pense of the commonwealth as a document of the commonwealth, before the first day of October in the year in which they are fur- GAS AND ELECTRIC LIGHT COMPANIES. 17 nished, and the said document shall contain the complete data and facts called for by this act. SECTION 2. This act shall take effect upon its passage. [Ap- proved March 22, 1910. SECTION 8. If a corporation or company which is en- violations of gaged in the manufacture and sale of gas or electricity for isls'sii? f * light or heat violates or neglects to comply with the provi- f/s 2 ?, 332, sions of law, or refuses or neglects to comply with any f|o p 6 'A. G. lawful order of the board, the board shall give notice ?i-J ..,.,_ ' i" I Mass. ooo. thereof in writing to such corporation or company, and to the attorney general for his action. SECTION 9. The supreme judicial court or the superior Enforcement court shall have jurisdiction in equity, upon the applica- isss, 314, tion of said board, to enforce all lawful orders of said board ss?, 332, and all provisions of law relative to cities, towns, corpora- f 8 2 g 6) 426 tions or persons engaged in the manufacture and sale of 197 Mass - 558> gas or electricity for light or heat. GAS AND ELECTRIC LIGHT COMPANIES. SECTION 10. No gas company, unless specially author- Bonds of gas ized, shall issue any bonds at less than the par value, nor for an amount exceeding its capital actually paid in and applied to the purposes of its incorporation. | 5 3 g Mass 505> SECTION 11. The proceeds of all bonds which may be _ a ppiica- issued shall be applied to the payment of obligations in- proceeds of. curred for the enlargement or extension of the works and g 8 3 86> 346> the purchase of real estate for the use of such gas com- g 89 ^ 450 ' pany or for the payment of liabilities existing on the ISQB, 473. f, . ,. ,T H < T i ' i , ^ 159 Mass. 505. thirtieth day oi June in the year eighteen hundred and eighty-six. A company may, subject to the provisions of sections twenty-four, twenty-six, twenty-seven and twenty- eight of chapter one hundred and nine, upon vote of a ma- jority in interest of its stockholders at a meeting duly called for the purpose, issue bonds in accordance with the provisions of this and the preceding section, to bear in- terest at not more than six per cent per annum, and may secure the payment of principal and interest by a mort- gage of its franchise and other property. SECTION 12. Any corporation which is organized Mortgage -i . ,, ,. i i bonds of under the laws of this commonwealth and is authorized electric light , n . companies. to erect and maintain poles, wires or other fixtures in, 1890, 371. 18 GAS AND ELECTRIC LIGHT COMPANIES. over or under streets and highways for the purpose of furnishing electricity for light or power may secure the payment of bonds issued by it by a mortgage of its fran- chise in connection with its corporeal property, so that all persons who acquire any poles, wires or fixtures by virtue of such mortgage shall have the same rights and be sub- ject to the same obligations relative to their erection, care and maintenance as the corporation would have had or been subject to if the mortgage had not been made. Such mortgage and all bonds shall be authorized by vote of a majority in interest of the stockholders of the corporation at a meeting called for that purpose ; and the rate of in- terest on such bonds shall not exceed six per cent per an- num. No bonds shall be issued by any such corporation for an amount exceeding its capital then actually paid in and applied to the purposes of the corporation. Revised Laws, Chapter 109, $$ 20, 21, 24, 26, 27, 28, 30 and 31. Bcr? k divi- SECTION 20. No telegraph, telephone, gas light, electric light, dends forbid- steam railroad, street railway, aqueduct or water company estab- 1868, 3io,' i. lished under the laws of this commonwealth shall declare any 1 ftTl S8Q 1874,' 372,' stock or scrip dividend or divide the proceeds of the sale of p. 1 s 7 i05, stock or scrip among its stockholders ; nor shall any such company 1 61.' 112 ' issue any share of stock to any person unless the par value of the Seea'/tor'Jz- 1 ' snares so issued is first paid in cash to its treasurer; and no Tail- roads and r oad corporation shall without authority of the general court ways, increase its capital stock beyond the maximum amount fixed by 63,258; '' its act of incorporation or fixed under the provisions of section iss.' * 5 ' sixty-one of chapter one hundred and eleven. Liability of SECTION 21. All certificates of stock or scrip which are issued 1868, sib, 2. in violation of the provisions of the preceding section shall be 19'; 112, void; and the directors of the corporation which issues them shall 1894, 350, 2. be liable to a penalty of one thousand dollars each, to be recovered foads 8 and aU ' *>y indictment in any county in which any of them reside; but if 8 i906 r 463 a ff.', anv sucl1 director proves that, before such issue, he filed his dis- ni 64 5 i 8 o'6 sent * n wp iting thereto with the clerk, or was absent and at no 158. time voted therefor, he shall not be so liable. issue of capi- SECTION 24. Railroad corporations and street railway coin- tal stock. ... 1875, 161. panics shall issue only such amounts of stock and bonds, coupon T> Q 1 1 O '7. ' notes and other evidences of indebtedness payable at periods of 8 i ; 4 452,' i ; more tnan twelve months after the date thereof, and gas and 1897? 33*7, electric light companies, corporations established for and engaged in the business of transmitting intelligence by electricity, aqueduct GAS AND ELECTRIC LIGHT COMPANIES. 19 and water companies, shall issue only such amount of stock and [lOp. A. G. bonds, as the board of railroad commissioners in the case of rail- ITQ'MRSS. 20. road corporations or street railway companies, the board of gas 199 Mass! and electric light commissioners in the case of gas or electric light companies, may from time to time vote, or the commissioner of corporations in the case of the other corporations hereinbefore / 5 5 . specified may from time to time determine, is reasonably neces- Hi- toe, sary for the purpose for which such issue of stock or bonds has 1908, ese. been authorized. Said boards or commissioner shall render a gas and eiec- decision upon an application for such issue within thirty days Companies, after the final hearing thereon. Such decision shall be in writing, \ 9 % 8 ' 529> shall assign the reasons therefor, shall, if authorizing such issue, JgJJ' 374' specify the respective amounts of stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, which are authorized to be issued for the respective purposes to which the proceeds thereof are to be applied, shall, within seven days after it has been rendered, be filed in the office of the board or com- missioner rendering it and a certificate of the vote of the board or of the decision of the commissioner shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as afore- said are issued, be filed in the office of the secretary of the com- monwealth, and a duplicate thereof delivered to the corporation which shall enter the same upon its records. A company which is within the provisions of this section shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of in- debtedness as aforesaid to any purpose not specified in such certificate. The provisions of this section shall not require the approval of the board of railroad commissioners to the issue by any railroad corporation of capital stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, duly author- ized by law of this commonwealth, the proceeds of which are to be expended in another state or country or which are to pay for borrowed money expended in another state or country. SECTION 26. If, when the board of gas and electric light com- Capital stock n -,1-,-t of gas com- missioners approves an issue of new stock or bonds by a gas or pan ies to be electric light company, it determines that the fair structural value ISQG, 473. of the plant of such company is less than its outstanding stock 199 Mass - 356 ' and debt, it may prescribe such conditions and requirements as it determines are best adapted to make good within a reasonable time the impairment of the capital stock; or, before allowing an increase, it may require the capital stock to be reduced by a pre- scribed amount not exceeding the amount of such impairment. 20 GAS AND ELECTRIC LIGHT COMPANIES. Enforcement of statutes. 1894, 450, 3; 452, 3; 462, 3. 1896, 473. 180 Mass. 329. See as to rail- roads and street rail- ways, 1906, 463, II., 67, 258; III., 109, 158. Penalties. 1894, 450, 2; 452, 2; 462, 2. 180 Mass. 329. See as to rail- roads and street rail- ways, 1906,463,11., 68,258; III., 110, 158. New shares to be offered to stock- holders upon increase of capital stock. 1870, 179. 1871, 392, 1. 1873, 39, 1; 305. 1878, 84, 1. 1879, 90, 1. P. S. 106, 39; 112, 58; 113, 16. 1893, 315, 1894, 472, 1. See as to rail- roads and street rail- ways, 1906,463,11., 69,258; III., 111, 158. 1908, 636. 1909, 369. See as to gas and electric light com- panies, 1909,477. 1910, 374. The amount of impairment and the conditions and requirements imposed shall be stated in the annual report of the board. SECTION 27. The supreme judicial court or the superior court shall have jurisdiction in equity, upon the application of the board of railroad commissioners, the board of gas and electric light com- missioners, the commissioner of corporations, respectively, of the attorney general, of any stockholder or of any interested party, to enforce the provisions of the three preceding sections and all law- ful orders and decisions, conditions or requirements of said boards or commissioner made in pursuance thereof. SECTION 28. A director, treasurer or other officer or agent of any corporation named in section twenty-four who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues, stock or bonds contrary to the provisions of the four pre- ceding sections, or who knowingly votes to authorize the applica- tion, or knowingly applies the proceeds, of such stock or bonds contrary to the provisions of said sections, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legitimate purposes of the corporation shall be punished by a fine of not more than one thousand dollars or by imprison- ment for not more than one year, or by both such fine or imprison- ment. SECTION 30. If a corporation which owns or operates a rail- road or street railway, a gas light, electric light, aqueduct or water company, or a corporation which is established for and is engaged in the business of transmitting intelligence by electricity, increases its capital stock, such new shares as are necessary to produce the amount of increased capital stock which has been authorized shall, except as provided in the following section, be offered proportionately to its stockholders at not less than the market value thereof at the time of increase, to be determined by the board of railroad commissioners in the case of a rail- road corporation or street railway company, by the board of gas and electric light commissioners in the case of a gas light or electric light company, and by the commissioner of corporations in the case of an aqueduct or water company or of a corporation which is established for and is engaged in the business of trans- mitting intelligence by electricity, taking into account previous sales of stock of the corporation and other pertinent conditions, which determination shall be in writing and with the date thereof shall be certified to and recorded in the books of the corporation. The directors, upon the approval of such increase as provided in section twenty-four and the determination of the market value GAS AND ELECTRIC LIGHT COMPANIES. 21 as hereinbefore provided, shall cause written notice of such in- crease to be given to each stockholder who was such at the date of the vote to increase, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the proportionate number of his shares at the date of such vote, is entitled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such de- termination, within which he may subscribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. SECTION 31. If the increase in the capital stock which is sub- stock to be , . . 0,1 -, , sold at auc- ject to the provisions 01 the preceding section does not exceed tion, when. four per cent of the existing capital stock of the corporation, the 1371] 392^ 2. directors, without first offering the same to the stockholders, may, so^'sls'. * ' and if, after the expiration of the time limited in the notice re- | 8 4 7 6 4> 372> quired by the preceding section, any shares remain unsubscribed J|78, |4, 2. for by the stockholders entitled to take them, the directors shall P. S.'IOG, sell them by auction to the highest bidder at not less than the par 59 j 113,' value thereof to be actually paid in cash. Such shares shall be 1393, 3 is, 2. offered for sale in the city of Boston or in such other city or town 9 i% 472 ' as may be prescribed by such commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at |? 06 ' 463> n -> least three of such daily newspapers as may be prescribed by such in., 112, commissioners. No shares shall be sold or issued under this or the loo's, 636. preceding section for a less amount to be actually paid in cash nS electric* than the par value thereof. jSSfaJ" 1 ' 1909,477,1 2. Acts of 1909, Chapter 477. An Act relative to the Issue of Additional Capital Stock by Gas and Electric Light Companies. SECTION 1. A gas or electric light company shall, upon any issue of new increase of its capital stock, except as provided in the following Ind electric section, offer the new shares proportionately to its stockholders at such price, not less than the par value thereof, as may be deter- mined by its directors. The vote of the board of gas and electric light commissioners, as provided in section twenty-four of chapter one hundred and nine of the Revised Laws, as to the amount of stock which is reasonably necessary for the purpose for which such increase has been authorized shall be based on the price fixed as hereinbefore provided, unless the board is of opinion that such price is so low as to be inconsistent with the public interest, in which case it may determine the price at which such shares may 22 GAS AND ELECTRIC LIGHT COMPANIES. Shares may be sold by auction in certain cases, etc. Repeal. be issued. No application for an issue of stock under said section twenty-four shall be made unless authorized by vote of the stock- holders passed not more than four months prior to such applica- tion, but the vote of the stockholders to increase the capital stock may be passed before or after the action of the board under said section twenty-four. All votes and proceedings relative to the increase and all rights of the stockholders to subscribe for the new shares shall become void unless the directors, after the vote to increase the capital stock and within sixty days after the final action of the board, shall cause written notice of such increase to be given as provided by law. SECTION 2. If the increase in the capital stock which is subject to the provisions of the preceding section does not exceed four per cent of the existing stock of the company, the directors, without first offering the same to the stockholders, may sell the shares by auction or by tender to the highest bidder in such manner, at such times and upon such terms, not less than the par value thereof to be actually paid in cash, as the directors shall determine. They shall also so sell at public auction any shares which, under the preceding section remain unsubscribed for by the stockholders en- titled to take them. Such shares shall be offered for sale in the city of Boston or in such other city or town as may be prescribed by the board of gas and electric light commissioners, and notice of the time and place of the sale shall be published at least five times, during the ten days immediately preceding the sale, in each of at least three of such daily newspapers as may be prescribed by the said commissioners. No shares shall be sold or issued under this or the preceding section for a less amount to be actu- ally paid in cash than the par value thereof. SECTION 3. All acts and parts of acts inconsistent herewith are hereby repealed so far as they apply to the corporations described in this act. SECTION 4. This act shall take effect upon its passage. [Ap- proved June 7, 1909. In cases of consolidation of certain companies, stock not to be increased. See also 190S, 529. 1909,316. Acts of 1906, Chapter 392. An Act to prevent Stock and Debt Watering by Public Service Corporations. SECTION 1. When a gas company incorporated under the laws of this Commonwealth consolidates with any other such gas com- pany or companies, or an electric light company incorporated under the laws of this Commonwealth consolidates with any other such electric light company or companies, or any such gas com- pany or companies consolidate with any such electric light com- GAS AND ELECTRIC LIGHT COMPANIES. 23 pany or companies, the aggregate amount of the capital stock and the aggregate amount of the debt of the consolidating companies shall not, by reason of such consolidation, be increased. SECTION 2. This act shall take effect upon its passage. [Ap- proved May 15, 1906. Revised Laws, Chapter 126, $ 11 and 1. SECTION 11. If a foreign corporation which owns or controls a issue of stock majority of the capital stock of a domestic street railway, gas franSSses light or electric light corporation issues stock, bonds or other evi- 18^476. deuces of indebtedness based upon or secured by the property, f ranchise or stock of such domestic corporation, unless such issue is authorized by the law of this commonwealth, the supreme judi- cial court shall have jurisdiction in equity in its discretion to dis- solve such domestic corporation. If it appears to the attorney general that such issue has been made, he shall institute proceed- ings for such dissolution and for the proper disposition of the assets of such corporation. The provisions of this section shall not affect the right of foreign corporations, their officers or agents to issue stock and bonds in fulfilment of contracts existing on the fourteenth day of July in the year eighteen hundred and ninety- four. SECTION 1. The term foreign corporation as used in this chap- Foreign cor- ter shall mean a corporation, association or organization which defined" 8 has been established, organized or chartered under the laws o f 168Mass>564< another state or of a foreign country. SECTION 13. A gas company shall not transfer its Transfer of franchise, lease its works or contract with any person, is^efsS, association or corporation to carry on its works, without iefe Mass. 217. the authority of the general court. SECTION 14. The board of gas and electric light com- Electric light missioners, upon application in writing by any gas light authority to company which is organized or chartered under the laws of the commonwealth, may, after notice and a hearing, ^ Mass 558 authorize said company to engage in the business of gen- flg 1 ^ 8 ' erating and furnishing electricity for light and power. 1909,316, A gas company may engage in such business in the terri- tory, or any such part thereof as the board may designate, in which it is authorized to supply gas; but a company shall not engage in said business unless authorized by vote of two-thirds of the stockholders, representing not less than two-thirds of the stock, at a meeting duly called for that purpose. Said company shall file in the office of the secretary of the commonwealth a certificate 24 GAS AND ELECTRIC LIGHT COMPANIES. Time pre- scribed for equipment of plant. 1887, 385, 2. 197 Mass. 558. Record of orders for erection of plant and of compliance. 1887, 385, 3. Erection of poles and wires regu- lated. 1887, 385, 184 Mass. 570. as provided in section forty-seven of chapter one hundred and ten. SECTION 15. The board, when granting such authority, shall prescribe the time, not exceeding six months, within which said company shall erect and equip a plant for gen- erating electricity for light and power such as may be re- quired in the specified territory, and shall designate the minimum capacity of such plant ; and if the company neglects to erect and complete said plant within the time prescribed, said authority shall become void and no such authority shall be again granted to it within two years thereafter. The board may for cause shown extend the time for erecting and equipping said plant for not more than three months from the expiration of the time first prescribed. SECTION 16. At the expiration of such time or of any extension thereof, said board shall, after such examina- tion as it considers proper, make, in a book kept for that purpose, a record that its orders relative to the erection and completion of said plant have or have not been com- plied with, which shall be conclusive evidence of the truth of the matters stated therein. SECTION 17. Said company, except upon the purchase or lease of the property, licenses, rights and franchises of an electric light company as authorized under the pro- visions of section twenty-two, shall not erect or maintain any poles for the support of wires, nor erect or maintain any wires in, through or over any streets or highways, nor dig up any streets or highways for the purpose of laying said wires underground, until it has, upon petition in writing, obtained the consent in writing of the mayor and aldermen of cities or the selectmen of towns in which said streets are located. It may thereupon, under the direc- tion and control of the mayor and aldermen or selectmen, dig up and open the ground in any streets and highways, so far as is necessary for the purpose of laying wires and for the purpose of keeping said wires in repair and for the purpose of erecting and maintaining lines of wire upon or above the surface of such streets and highways. It shall put all streets and highways which it opens into as good repair as they were in when opened, and upon failure so to do within a reasonable time, shall be deemed guilty of a nuisance. GAS AND ELECTRIC LIGHT COMPANIES. 25 SECTION 18. If a person who is injured in his person Damages. or property by a defect in a public way which is caused % 5. ' by the operations of said company in laying, erecting, maintaining or repairing its lines of wires or in otherwise obstructing such way recovers damages therefor of the city or town in which such injury is received, such city or town shall, if said company is liable for said damages and has had reasonable notice to appear and defend the original action, be entitled to recover of said company the damages so recovered from it with the taxable costs of both parties in such action. SECTION 19. The mayor and aldermen of cities and Regulation of . , . acts affecting the selectmen of towns, respectively, may regulate, restrict health and , J j i i property of and control all acts 01 said company wnicn may in any inhabitants, manner affect the health, safety, convenience or property 8 6 87 ' 385 ' of the inhabitants of their respective cities or towns. SECTION 20. Gas companies, as respecting the busi- g^^ndeiec- ness in which they are, by the provisions of section four- trie light com- teen, authorized to engage, shall be subject to the control ISST, 335,' of the board of gas and electric light commissioners in the same manner and to the same extent as they are in respect of the business of furnishing gas. SECTION 21. Except as hereinbefore expressly pro- Powers and . , , | ,, . . . ,, J duties of vicled, gas companies snail, in exercising tne powers con- companies, ferred by the provisions of the seven preceding sections, s. ' ' have all the powers and privileges and be subject to all the duties, restrictions and liabilities of companies which are engaged in the transmission of electricity for light or power under the general laws which now are or here- after may be in force. SECTION 22. Said gas companies so authorized by the Purchase of , T < -i -i , T i , i franchises, board 01 gas and electric light commissioners may purchase etc., of i J ^ v -Lx -1 electric light or lease and use the property, licenses, rights, privileges companies, and franchises of any electric light company which is en- l /?' gaged in the business of furnishing electric light or power ilo in the territory in which such gas company may be au- 1 - thorized to furnish such light and power. SECTION 23. The provisions of the nine preceding sec- tions, which are applicable to gas companies authorized and power ,1 -I ( ,' -I / i companies. to engage in the business of generating and furnishing ISST, 385, electricity for light and power, shall also apply to electric light and power companies. 26 GAS AND ELECTRIC LIGHT COMPANIES. Purchase, sale, etc., of electric light companies. Consolidation may be effected in case of com- panies occu- pying the same or con- tiguous mu- nicipalities. Proviso. Powers, rights, loca- tions, etc. Capital stock may be in- creased, etc. Acts of 1908, Chapter 529. An Act to authorize the Purchase, Sale and Consolidation of Gas and Electric Light Companies. SECTION 1. In this act " gas company " means any corporation organized under the laws of this commonwealth for the purpose of making or selling gas for light, heat or power, and actually engaged in that business, including such of said corporations as are also duly authorized to generate and furnish electricity for light and power ; and " electric light company " means any corporation or- ganized under the laws of this commonwealth for the purpose of making or selling electricity only for light, heat or power and actually engaged in that business. SECTION 2. A gas company may purchase the franchise and property of another gas company whose gas mains are in the same or contiguous municipalities, or may consolidate with such other gas company, and such other gas company may sell and convey its franchise and property to, or may consolidate with, such first-men- tioned gas company; and an electric light company may purchase the franchise and property of another electric light company whose lines are in the same or contiguous municipalities, or may con- solidate with such other electric light company, and such other electric light company may sell and convey its franchise and property to, or may consolidate with, such first-mentioned electric light company: provided, that no such purchase and sale or con- solidation shall be valid or binding until the terms thereof have been approved, at meetings called for the purpose, by a vote of at least two-thirds in interest of the stockholders of each of the contracting companies, and until the board of gas and electric light commissioners, after notice and a public hearing, have de- termined that the facilities for furnishing and distributing light, heat and power will not thereby be diminished and that such pur- chase and sale or consolidation and the terms thereof are con- sistent with the public interest. SECTION 3. The purchasing or consolidating company shall have and enjoy all the powers, rights, locations, licenses, privi- leges and franchises, and shall be subject to all the duties, liabili- ties and restrictions, of the company selling or merged as aforesaid, so far as the same are applicable to the purchasing or consolidated company. SECTION 4. The purchasing or consolidated company may, for the purpose authorized in section two, increase its capital stock and issue bonds in the manner and subject to the limitations pro- vided by law; and may, for the same purpose and subject to the GAS AND ELECTRIC LIGHT COMPANIES. 27 same limitations, exchange its securities for those of the selling or merged company, upon such terms as may be approved by the board of gas and electric light commissioners. SECTION 5. No electric light company shall purchase the fran- Electric light chise or property of, or consolidate with, a gas company; and no gas company shall purchase the franchise or property of, or eon- solidate with, an electric light company : provided, that a gas com- pany authorized to engage in the business of generating and fur- 19 09,si6, nishing electricity for light and power under the provisions of section fourteen of chapter one hundred and twenty-one of the Revised Laws may, with the approval of the board, exercise the authority conferred by section twenty-two of said chapter, and may, with the approval of the board and subject to the provisions of sections three and four hereof, so far as the same may be appli- cable, sell its locations and the property used in its business of generating and furnishing electricity for light and power to an electric light company whose lines are in the same or in a con- tiguous municipality. SECTION 6. Nothing contained in this act shall be construed Consolidation of certain as authorizing the consolidation of the Boston Consolidated Gas companies not Company and The Edison Electric Illuminating Company of Bos- ton. SECTION 7. All general laws which are inconsistent herewith are hereby repealed. SECTION 8. This act shall take effect upon its passage. [Ap- proved May 19, 1908. Acts of 1909, Chapter 316. An Act relative to the Purchase, Sale and Consolidation of Gas and Electric Light Companies. SECTION 1. (Amends Acts of 1908, chapter 529, 5, as above.) SECTION 2. All applications for the approval by the board of Time for . filing apph- purchases and sales or consolidations under the provisions of cations for chapter five hundred and twenty-nine of the acts of the year nine- teen hundred and eight, or of the preceding section, shall be filed t! ms> etc ' with the board within four months after the passage by the con- tracting companies of votes authorizing such purchase and sale or consolidation. SECTION 3. This act shall take effect upon its passage. [Ap- proved April 22, 1909. SECTION 24. A person or corporation, not a railway Electricity i-ii- e JLA i for heating company, engaged in the business 01 transmitting elec- and cooking tricity for light or power through wires located over or ISQS^O. under the streets and highways may sell such electricity 188Mass - 253 - 28 GAS AND ELECTRIC LIGHT COMPANIES. A second gas company not to lay pipes, except. 1885, 314, 10. 1886, 346, Erection of wires of different companies restricted. 1887, 382, 3. 1892, 274. 1895, 350. 1901, 389. 15 7 Mass. 86. [ 1 Op. A. G. 88.] 188 Mass. 253. 197 Mass. 558. See as to power com- panies, 1908, 617. Appeal. 1885, 314, 16. 1887, 382, 1 Op. A. G. 9.] Certain terms, restrictions, etc., may be imposed upon the laying, etc., of cer- tain wires for the trans- mission of electricity. for operating heating, cooking and kindred apparatus and motors; but the provisions of this section shall not confer upon such person or corporation the exclusive right to sell or distribute electricity in any city or town for such purposes. SECTION 25. In a city or town in which a gas company exists in active operation, or in which a person owns or operates works for the manufacture and sale of gas for light or heat, no other gas company, nor any other persons, shall dig up and open the streets, lanes and highways of such city or town, for the purpose of laying gas pipes therein, without the consent of the mayor and aldermen or selectmen, granted after notice by publication or other- wise to all parties interested and a public hearing before them. SECTION 26. In a city or town in which a company, corporation or person is engaged in the manufacture or sale of electric light no other person, firm or corporation shall lay, erect, maintain or use, over or under the streets, lanes and highways of such city or town, any wires for the transmission of electricity for light, heat or power ex- cept wires used for heat or power by street railway com- panies, without the consent of the mayor and aldermen of such city or selectmen of such town granted after notice to all parties interested and a public hearing. SECTION 27. Any corporation, company or person ag- grieved by the decision of the mayor and aldermen of a city or selectmen of a town, under the provisions of the two preceding sections, may, within thirty days from the notice of said decision, appeal therefrom to the board of gas and electric light commissioners, and said board shall thereupon give due notice and hear all parties interested, and its decision thereon shall be final. Acts of 1908, Chapter 617. An Act relative to Electric Power Companies. SECTION" 1. In consenting to the laying, erecting, maintaining or using by a company incorporated or authorized to distribute and sell electricity exclusively for power, of any wires for the transmission of electricity over or under streets, lanes and high- ways as provided in section twenty-six of chapter one hundred and twenty-one of the Revised Laws, the mayor and aldermen of a city or the selectmen of a town may, in addition to the pro- GAS AND ELECTRIC LIGHT COMPANIES. 29 visions of law governing such companies, impose such other terms, limitations and restrictions as the public interest may, in their judgment, require, and upon an appeal therefrom, pursuant to section twenty-seven of said chapter, the board of gas and elec- tric light commissioners may, in addition to its present authority under said section, affirm, amend, alter or add to the terms, limitations and restrictions so imposed as the public interest may in its judgment require. SECTION 2. Companies hereinbefore described shall hereafter Certain com- furnish from time to time to the board of gas and electric light furnish infor- commissioners such information as said board may require. SECTION 3. The supreme judicial court or the superior court shall have jurisdiction in equity upon the application of the board Supreme judicial and of gas and electric light commissioners, or of the mayor of any superior ., ., , ,, , . , , . . .. . ,. courts to have city or the selectmen of any town in which electricity is dis- jurisdiction tributed and sold as aforesaid, to compel the observance and to comperob* restrain the violation of the provisions of this act, of the general servance > etc - laws relating to the companies hereinbefore described and of all lawful orders and decisions, terms, limitations and restrictions made or imposed by said board or by the mayor and aldermen of a city or the selectmen of a town in pursuance of the provisions of this act. SECTION 4. This act shall take effect upon its passage. [Ap- proved June 12, 1908. SECTION 28. Corporations and companies which are Gas, etc., engaged in the manufacture and sale of gas or electricity for light or heat shall have an office in the city or town in which their works are located and shall keep in said office g^ 86 ' 346> all the books and papers which are required by law to be 8 2 7 ' 6 382 ' kept within the commonwealth, and also such books as may be required to show their receipts, expenditures, in- debtedness and financial condition; and shall at all times, upon application, submit their books to the inspection of the board of gas and electric light commissioners. SECTION 29. Corporations and companies which are Books,etc., -, . ,! Jf -i -i j> i , , to be kept in engaged in the manufacture and sale of gas or electricity prescribed for light or heat shall keep their books and accounts in a Jsse', 346, form to be prescribed by the board of gas and electric light f 8 2 8 ' 7j 382 , commissioners, and the accounts shall be closed annually 2 >- on the thirtieth day of June, so that a balance sheet of that date can be taken therefrom. Manufacturing com- panies in which the manufacture of gas is a minor portion 30 GAB AND ELECTRIC LIGHT COMPANIES. Station records to be kept. 1896, 356, 480. Annual returns. 1885, 314, 7. 1886, 346. 2. 1887, 382, 2. [ 1 Op. A. G. 186.] Amended. 1903,406. Penalty. 1885, 314, 1892, 263. of their business shall be required to keep accounts of the expenses and income of their gas business only. SECTION 30. Persons or corporations engaged in the manufacture or sale of gas or electric light shall keep such records of their work at their manufacturing station, and in respect to their distributing plant, as the board of gas and electric light commissioners may from time to time require. Said records shall be in such form as the board may prescribe. SECTION 31. Corporations and companies engaged in the manufacture and sale of gas or electricity for light or heat shall annually, on or before the second Wednesday of September, make to said board, in a form prescribed by it, a return for the year ending on the thirtieth day of June preceding, signed and sworn to by its president and treasurer and a majority of the directors, of the amount of its authorized capital, its indebtedness and financial condition, on the [first day of January] said thirtieth day of June preceding, its income and expenses during the preceding year, its dividends paid out and declared, a list of the names of all its salaried officers, and the amount of the annual salary paid to each, and the balance sheet of its accounts as of [the] said preceding thirtieth day of June. Every such corporation and company shall at all times, upon request, furnish any information required by the board relative to its condition, management and operation, and shall comply with all lawful orders of said board. SECTION 32. Each such gas or electric light corpora- tion or company neglecting to make the annual return required by the preceding section, shall, for the first fif- teen days or portion thereof during which such neglect continues, forfeit five dollars a day ; for the second fifteen days or any portion thereof, ten dollars a day; and for each day thereafter not more than fifteen dollars a day. If any company unreasonably refuses or neglects to make such return, it shall, in addition thereto, forfeit not more than five hundred dollars for each offence. All forfeitures recovered under the provisions of this section shall be paid into the treasury of the commonwealth and applied to the payment of the expenses of the board. (See also Acts of 1904, chapter 435, 2, on pages 12, 13. ) GAS AND ELECTRIC LIGHT COMPANIES. 31 Acts of 1909, Chapter 441. . An Act relative to Voluntary Associations under Written Instruments. SECTION 1. Trustees of a voluntary association under a written Copies of instrument or declaration of trust the beneficial interest under strumentsto which is divided into transferable certificates of participation or thecommis- shares, shall file a copy of such written instrument or declara- corporations, tion of trust with the commissioner of corporations and with etc - the clerk of every city or town in which such association has a usual place of business. SECTION 2. Trustees of a voluntary association under a written Certain instrument or declaration of trust the beneficial interest under to be filed, which is divided into transferable certificates of participation or shares, who own or control a majority of the capital stock of a railroad, street railway, gas company, or electric light company, shall annually on or before the first day of May file with the commissioner of corporations and with the board having super- vision of such company a statement showing the number of shares of such company owned or controlled by them and the stockholders of record on the books of such company in whose names such shares are held. [Approved May 24, 1909. SECTION 33. Upon the petition in writing of any per- Supply of son who has a residence or place of business in a city or town in which a corporation or company is engaged in the manufacture [and] or sale of gas or electricity for | 8 5 8 ' 7) 382> light [or heat], heat or power and who is aggrieved by j^ the refusal or neglect of such corporation or company to supply him with gas or electricity, the board of gas and 557. electric light commissioners may, after notice to the cor- poration or company to appear at a time and place therein named to show cause why the prayer of such petition should not be granted, issue an order directing and re- quiring the corporation or company [to supply the peti- tioner with gas for either of said purposes or with electric light, upon such terms and conditions as are legal and reasonable.] engaged in the manufacture and sale of gas to supply the petitioner ivith gas for any of said purposes, or the corporation or company engaged in the manufacture and sale of electricity to supply the petitioner with elec- tricity for any of said purposes, upon such terms and con- ditions as are legal and reasonable. 32 GAS AND ELECTRIC LIGHT COMPANIES. Quality of SECTION 34. L'pon the complaint in writing of the 18^85, 3i4, mayor of a city or the selectmen of a town in which 1887, 382, a corporation or company engaged in the manufacture or less, 350, sale of gas or electricity for light or heat is located, or of 1894, 327. twenty customers thereof, either of the quality or price of 197 Mass. 558. t}lG gag QJ . electric light sold and delivered, the board shall notify the corporation or company by leaving at its office a copy of such complaint, and shall thereupon after notice give a public hearing to such petitioner and such corpora- tion or company, and after said hearing may order any reduction in the price of gas or electric light or improve- ment in quality thereof, and a report of such proceedings and the result thereof shall be included in its annual re- port. The maximum price fixed by such order shall not thereafter be increased by such corporation or company except as provided in the following section. Price of gas SECTION 35. A gas company in this commonwealth and electric- i i _c i_ jxU ^ ity, how which luriiisnes gas under the provisions 01 general or fixed and . , , P .,, -, determined. special laws or oi any contract with a city or town, and 1888, 350, a g ag or electric light company which is engaged in the i97 4 Mass 7 '558. sale and delivery of electric light may apply to the board to fix and determine the price of gas or electricity to be thereafter sold and delivered by said company, or to revise any former order or action of said board relative to the quality or price thereof. Said board shall, after notice, give a public hearing to the petitioner, to the city or town and to all other persons interested, and thereafter may pass such orders relative to the price and quality of the gas or electricity thereafter to be furnished by said com- pany as it determines are just and reasonable. Such orders shall be binding upon all parties until further order of said board, inspection SECTiox 36. A customer of an electric lighting com- of electric , , , \ f i meters. pany or such company may apply to the board oi gas and i. ' electric light commissioners for an examination and test of any meter in use upon a customer's premises. The board shall forthwith cause to be made by a competent and disinterested person such examination and test of said meter, if any, as in the judgment of the board is practicable and reasonable, and shall furnish to the com- pany and to the customer a certificate of the result and expense thereof. If upon such examination it appears that the meter does not register correctly, the board may GAS AND ELECTRIC LIGHT COMPANIES. 33 order the company to correct or remove such meter and to substitute a correct meter therefor. All fees for ex- aminations and tests shall in the first instance be paid by the person or company making application therefor; but if the examination or test is made at the request of a cus- tomer and the meter is found to be incorrect because too fast the company shall pay such fees to the board, to be repaid by it to the applicant. A meter shall be deemed correct for the purposes of this section if it appears from such examination or test that it does not vary more than five per cent from the standard approved by the board. SECTION 37. The person designated to make such in- inspection , . iii* f electric spection may at any reasonable time enter upon any prem- meters, ises where the meter to be inspected is placed, for the purpose of making the inspection. He shall receive such compensation for his services as the board may determine, together with his necessary travelling and other expenses, See 1909 > 318 - which shall be audited by the board and paid from the treasury of the commonwealth; but the total amount of compensation and expenses shall not exceed three thou- sand dollars in any year ; and if the total amount of such compensation and expenses shall in any year exceed the amount of the fees received for such examinations and tests, the excess shall be assessed and recovered from the electric light companies in the manner now provided for the assessment and recovery of the other expenses of the board. All money received for fees for such examina- tions and tests shall be paid into the treasury of the com- monwealth by the board quarterly on the first Mondays of January, April, July and October of each year. The board may establish such rules and regulations, fix such standards, prescribe such fees, and employ such means arid methods in, and in connection with, such examina- tions and tests of electric meters as in the judgment of the board shall be most practicable, expedient and economi- cal. The board may purchase such materials, apparatus and standard measuring instruments for such examina- tions and tests as it may deem necessary. SECTION 38. In the two preceding sections the word Definition. " company " or " companies " shall include every person, 4. ' partnership, association, corporation and municipality en- gaged in the sale of incandescent electric light or elec- tricity for incandescent lighting. 34 GAS AND ELECTRIC LIGHT COMPANIES. Report of accidents. 1888, 350, 2. 1896, 338. Penalty for unlawful diversion of electricity, etc. 1895, 330. Amended. 1908, 243. Construction of terms. 1886, 346, 7. 1887, 382, 6. SECTION 39. Companies, persons and municipalities engaged in the manufacture and sale of gas or electricity for light or fuel shall, within twenty-four hours, report, in writing, to the board every accident caused by the gas or electricity manufactured or supplied by them, whereby an employee or other person is injured, killed or rendered insensible, stating the time, place and circumstances of the accident and such other facts relative thereto as the board may require. The chief of police of the city or town, and the medical examiner of the district, in which such accident occurs shall, in writing, report the same to said board. The chief of police shall so report within twenty-four hours, and the medical examiner within seven days, after he has notice thereof. The members of the board shall personally investigate all cases which require investigation. SECTION 40. Whoever unlawfully and intentionally injures or destroys, or suffers to be injured or destroyed, any meter, pipe, conduit, wire, line, pole, lamp or other apparatus belonging to a street railway company, an elec- tric railroad company or a corporation, private or munici- pal, or company engaged in the manufacture or sale of electricity for lighting purposes, or unlawfully and inten- tionally prevents an electric meter from duly registering the quantity of electricity supplied, or in any way inter- feres with its proper action or just registration, or, without the consent of such corporation or company, unlawfully and intentionally diverts any electric current from any wire of such corporation or company, or otherwise unlaw- fully and intentionally uses or causes to be used, without the consent of such corporation or company, any electricity manufactured or distributed by such corporation or com- pany, shall, for every such offence, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year, or by both such fine and im- prisonment. SECTION 41. In the construction of sections four, five, six, seven, eight, twenty-eight, twenty-nine, thirty-one, thirty-three, and thirty-four of this chapter, the terms " gas company ", and " corporation " shall include all persons owning or operating works for the manufacture and sale of gas for heating or illuminating purposes GAS AND ELECTRIC LIGHT COMPANIES. 35 within the commonwealth, and the terms " company " and " companies " shall include all corporations or individuals engaged in the manufacture and sale of electric light within the commonweath. Acts of 1909, chapter 490, Part I., $ 23 (as amended by Acts of 1909, chapters 439 and 440). SECTION 23. All personal estate, within or without the com- Assessment monwealth shall be assessed to the owner in the city or town in estate. S nal which he is an inhabitant on the first day of [May] April, except R 8 ^ 51 ' 2 * as provided in Part III and in the following clauses of this f io 9 o Via R > looy, j.t>7, & section: G. S. n, 12. p. s. 11, 20. R. L. 12, 23. 1 Met. 242, 250. 4 Met. 181. 10 Gush. 65. HCush. 362. 3 Gray, 494. 6 Gray, 579. 7 Gray, 277. 9 Gray, 433. 13 Gray, 488. 16 Gray, 292, 337. 9 Allen, 246. 14 Allen, 366. 103 Mass. 279. 104 Mass. 587. 109 Mass. 270. 112 Mass. 384. 124 Mass. 143. 125 Mass. 348. 126 Mass. 161, 166. 131 Mass. 424. 132 Mass. 93. 135 Mass. 258. 137 Mass. 332. 158 Mass. 461. 180 Mass. 41. 187 Mass. 171. 195 Mass. 389. 204 Mass. 139. Tenth, Underground conduits, wires and pipes laid in public Assessment streets, and poles, underground conduits and pipes, together with ground con- the wires thereon or therein, laid in or erected upon private prop- igolj 3^2, erty, or in a railroad location by any corporation, except street ^ Mags 274 railway companies, the value of whose poles, underground con- duits and pipes, together with the wires thereon or therein, for the purpose of taxation, shall, like their rails and rights of way, be included in, and not deducted from, the value of their corporate franchises ascertained as provided Toy section one hundred and twenty-six of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and excepting also such poles, underground conduits, wires and pipes of a rail- road corporation laid in the location of said railroad, shall be assessed to the owners thereof in the cities or towns in which they are laid or erected. Acts of 1909, Chapter 490, Part III., ^ 39, 40, 41, 42, 43, 45. TAXATION OF CORPORATE FRANCHISES. SECTION 39. The term " domestic business corporation " as Definitions, used in this act shall mean every corporation of the classes enu- merated in section one of chapter four hundred and thirty-seven of the acts of the year nineteen hundred and three; the term " foreign corporation " shall mean every corporation, association or organization of the classes enumerated in section fifty-eight of said chapter. 36 GAS AND ELECTRIC LIGHT COMPANIES. Annual re- turns to tax commis- sioner. 1864, 208. 2,3. 1865, 283, 3. 1880, 117, 2. P. S. 13, 38. 1885, 238, 1886, 270. 1888, 413, 24. 1898, 417: 578, 2. R. L. 14, 37. 1902, 342, 2. 1903, 437, 48. 1906, 463, II., 211; III., 125; 516, 14. 12 Allen, 75. 98 Mass. 25. 139 Mass. 561. 144 Mass. 598. 146 Mass. 408. 157 Mass. 70. [lOp. A. G. 278.] 179 Mass. 18. 181 Mass. 208. 185 Mass. 117. 195 Mass. 387. Amended. 1909,440, SECTION 40. Every corporation organized under the general or special laws of the commonwealth for purposes of business or profit, having a capital stock divided into shares, except banks, whose shares are otherwise taxable under the provisions of this part, in addition to all returns required by its charter, and in addition to all returns otherwise required under the provisions of this part, shall annually, between the first and tenth days of [May] April make a return to the tax commissioner, under oath of its treasurer, stating the name of the corporation, its place of business, and setting forth as of the first day of [May] April of the year in which the return is made : First, The total authorized amount of the capital stock of the corporation; the amount issued and outstanding and the amount then paid thereon; the classes, if any, into which it is divided; the par value and number of its shares; the market value of the shares of its stock, or of each class of its stock, if there are two or more classes. Second, A statement in such detail as the tax commissioner may require of the works, structures, real estate, machinery, under- ground conduits, wires and pipes, owned by said corporation and subject to local taxation within the commonwealth, and of the location and value thereof; and, in the case of domestic business corporations, of the merchandise and other assets belonging to the corporation within and without the commonwealth. Third, And, except as to street railway companies, a complete list of the shareholders of the corporation, their residences, and the amount and class of stock, if more than one, belonging to each. If stock is held as collateral security, the list shall state the name and residence of the pledger and of the pledgee. Such domestic companies may annually, between the first and tenth days of [May] April, make a return to the tax commis- sioner, signed and sworn to by their president, treasurer and clerk, specifying the amount and market value of all stocks in other corporations held by them upon which a tax has been assessed and actually paid either in this or in any other state for the year preceding the date of said return; and the books, accounts and papers of such corporations shall be examined by the tax commissioner so far as may be necessary for the verification of said return. Other corporations required to make a return under the provisions of this section shall also state therein the amount, value and location of all works, structures, real estate, machinery, underground conduits, wires and pipes owned by them and sub- GAS AND ELECTRIC LIGHT COMPANIES. 37 ject to local taxation without the commonwealth. Such return shall be filed by the tax commissioner, and shall, in the case of said domestic business corporations, be open only to the inspec- tion of the tax commissioner, his clerks and assistants, and such other officers of the commonwealth as may have occasion to in- spect it for the purpose of assessing or collecting taxes. SECTION 41. The tax commissioner shall ascertain from the Valuation of returns or otherwise the true market value of the shares of each SlSchfce, etc. corporation subject to the requirements of the preceding section, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of * 5 ' 117 [May] April, which, unless by the charter of a corporation a f> 2 g' 13 different method of ascertaining such value is provided, shall, 39, 40. for the purposes of this part, be taken as the true value of its i. corporate franchise. From such value there shall be deducted : 1393', li?! R. L. 14, 38. ........... 1902, 342, Third, In case of a domestic business corporation, the value | 9 3 Q 3 437 of the works, structures, real estate, machinery, poles, under- | 9 7 2 g 463 n ground conduits, wires and pipes owned by it within the com- 212 ; in., monwealth subject to local taxation, and of securities which if is. ' r owned by a natural person resident in this commonwealth would 1909' 439', not be liable to taxation ; also the value of its property situated is 2 Alien, 391. in another state or country and subject to taxation therein, [but] ^ Mass - 19 > There shall not be deducted the value of securities which if 100 Mass. 184, owned by a natural person resident in this commonwealth would J|5 Mass. 568. Io7 JM&SS. oU. be liable to taxation; and the tax commissioner in determining 139 Mass. 561. for the purposes of taxation the value of the corporate franchise i46Mass.'408! o ,. , n , , . . . , .. 152 Mass. 372. or any such corporation shall not take into consideration any 157 Mass. 70. debts of such corporation unless the returns required from it IBS u. a s!'i. 22 ' contain a statement duly signed and sworn to, setting forth i^jjjjjf' 18 ' that no part of such debts was incurred for the purpose of re- * 909 > 440 > ducing the amount of taxes to be paid by it. 1910,270. Fourth, In case of corporations subject to the requirements of the preceding section, other than railroad corporations, tele- graph, telephone, street railway and electric railroad companies, whether chartered or organized in this commonwealth or else- where, and of d'omestic business corporations, the value as found by the tax commissioner of their works, structures, real estate, machinery, underground conduits, wires and pipes, sub- ject to local taxation wherever situated. For the purposes of this section the tax commissioner may take the value at which such works, structures, real estate, machinery, poles, underground conduits, wires and pipes are assessed at the 38 GAS AND ELECTRIC LIGHT COMPANIES. Corporation to appeal from local valuation, when. 1865, 283, 6. P. S. 13, 41. 1890, 127, 7. 1898, 417. B. L. 14, 39. 1902, 342, 4. 1903, 437, 73. Tax to be paid on corporate franchise. Bate, how determined. 1864, 208, 5. 1865, 283, 5. 1880, 117, I 2. P. S. 13, 40. 1885, 238, 1886, 270. 1888, 413, 24. 1898, 417. B. L. 14, 40. 1903, 437, 74. 1904, 261, 1906, 271, 9, 12; 463, II., 214; III., 128; 516, 17. 12 Allen, 75, 298. 98 Mass. 19, 25. 99 Mass. 146, 151. 105 Mass. 527. 135 Mass. 569. 137 Mass. 80. 139 Mass. 561. 146 Mass. 408. 157 Mass. 70. 167 Mass. 522. 178 Mass. 470. 179 Mass. 18. 6 Wallace, 632. 178 U. S. 120. 192 Mass. 129. 195 Mass. 385, 528. place where they are located as the true value, but such local assessment shall not be conclusive of the true value thereof. SECTION 42. The tax commissioner may require a corpora- tion to prosecute an appeal from the valuation of its works, structures, real estate, machinery, poles, underground conduits, wires and pipes by the assessors of a city or town, either to the county commissioners or to the superior court, whose deci- sion shall be conclusive upon the question of value. Upon such an appeal the tax commissioner may be heard, and in the su- perior court costs may be awarded as justice requires. 1906, 463, II., 213; III., 127; 516, 16. 1909, 439, 3. 178 Mass. 470. SECTION 43. Every corporation subject to the provisions of section forty shall annually pay a tax upon its corporate fran- chise, after making the deductions provided for in section forty- one, at a rate equal to the average of the annual rates for three years preceding that in which such assessment is laid, the an- nual rate to be determined by an apportionment of the whole amount of money to be raised by taxation upon property in the commonwealth during the same year, as returned by the assessors of the several cities and towns under the provisions of section ninety-three of Part I, after deducting therefrom the amount of tax assessed upon polls for the preceding year, as certified to the tax commissioner, upon the aggregate valuation of all cities and towns for the preceding year, as returned under sections fifty- nine and sixty of Part I; but the said tax upon the value of the corporate franchise of a domestic business corporation, after making the deductions provided for in section forty-one, shall not exceed a tax levied at the rate aforesaid upon an amount, less said deductions, twenty per cent in excess of the value, as found by the tax commissioner, of the works, structures, real estate, machinery, underground conduits, wires and pipes, and merchandise, and of securities which if owned by a natural person resident in this commonwealth would be liable to taxation; and the total amount of tax to be paid by such corporation in any year upon its property locally taxed in this commonwealth and upon the value of its corporate franchise shall amount to not less than one tenth of one per cent of the market value of its capital stock at the time of said assessment as found by the tax commissioner. If the return from any city or town is not received prior to the twentieth day of August, the amount raised by taxation in said city or town for the preceding year, as certified to the secretary of the commonwealth, may be adopted for the purpose of this deter- mination. GAS AND ELECTRIC LIGHT COMPANIES. 39 SECTION 45. If the value of the works, structures, real estate, Remedy of machinery and poles, underground conduits, wires and pipes of when asses- a corporation subject to local taxation within the commonwealth, of real estate as determined by the tax commissioner, is less than the value commis- tas thereof as determined by the assessors of the place where it is 865*283 situated, he shall give notice of his determination to such corpora- f> 6 g 13 41 tion ; and, unless within one month after the date of such notice ^ 9 ' [ 7 g 42 it applies to said assessors for an abatement, and, upon their i 9 ^ 2 . 342, refusal to grant an abatement, prosecutes an appeal under the 1903, 437, provisions of section seventy-six of Part I, giving notice thereof 1904, 442. to the tax commissioner, the valuation of said commissioner shall 215'; ill, '' be conclusive upon said corporation, | Jg 9 ' 516 ' 137 Mass. 81. 152 Mass. 384. 178 Mass. 471. 1909> 439 ' 4< 146 Mass. 403. 167 Mass. 522. 185 Mass. 117. Acts of 1909, Chapter 514, } 17, 18, 19, 25, 26, 27, 28, 29, 33, 34, 35, 36, 45, 52, 78, 79, 80, 81, 82, 83, 84, 85, 91, 92, 93, 94, 96, 97, 98, 99, 100, 103, 104, 112, 113, 120, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 144. (In effect Oct. 1, 1909.) GENERAL PROVISIONS. SECTION 17. The following words and phrases as used in all laws relative to the employment of labor shall, unless a different meaning is plainly required by the context, have the following meanings : " Child " or " Minor " shall mean a person under eighteen years of age. "Factory" shall mean any premises where steam, water or other mechanical power is used in aid of any manufacturing proc- ess there carried on. " Manufacturing establishments " shall mean any premises, room or place used for the purpose of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article. " Mechanical establishments " shall mean any premises, other than a factory as above defined, in which machinery is employed in connection with any work or process carried on therein. " Person " shall mean an individual, corporation, partnership, company or association. " Public building " shall mean any building or premises used as a public or private institution, church, theatre, public hall, place of public entertainment, resort or assemblage. " School house " shall mean any building or premises in which public or private instruction is afforded to not less than ten pupils at one time. 40 GAS AND ELECTRIC LIGHT COMPANIES. Intimidation of employees prohibited. R. L. 106, 11. Membership in labor unions not to be forbidden. R. L. 106, 12. Employment by public service cor- porations restricted. 1903, 320, 1,3. " Woman " shall mean a. woman eighteen years of age or over. " Workshop " shall mean any premises, room or place, which is not a factory as above defined, wherein manual labor is exer- cised by way of trade or for purposes of gain in or incidental to a process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the per- sons working therein has the right of access or control; but the exercise of such manual labor in a private house or private room by the family dwelling therein or by any of them or if a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. " Young person " shall mean a person of the age of fourteen years and under the age of eighteen years. SECTION 18. No person shall, by intimidation or force, pre- vent or seek to prevent a person from entering into or continuing in the employment of any person or corporation. SECTION 19. No person shall, himself or by his agent, coerce or compel a person into a written or oral agreement not to join or become a member of a labor organization as a condition of his securing employment or continuing in the employment of such person. SECTION 25. No railroad, street railway, electric light, gas, telegraph, telephone, water or steamboat company shall appoint, promote, reinstate, suspend or discharge any person employed or seeking employment by any such company at the request of the governor, lieutenant governor, or any member or member elect of the council or of the general court, or candidate therefor, jus- tice of the supreme judicial court, justice of the superior court, judge of probate, justice of a police, district or municipal court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or em- ployee of any branch of the government of the commonwealth or of any county, city or town ; nor shall any such public officer or body, or any member or member elect thereof or candidate there- for, directly or indirectly advocate, oppose, or otherwise interfere in, or make any request, recommendation, endorsement, require- ment or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, GAS AND ELECTRIC LIGHT COMPANIES. 41 reinstatement or retention of any person employed or seeking employment by any such corporation, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service cor- poration. Any person or corporation violating- the provisions of this section shall be punished by a fine of not less than fifty dol- lars nor more than one hundred dollars for each offence. SECTION 26. The offices of probation officer, notary public and Public offices defined. justice of the peace, prison officer, agent of the prison commis- 1903, 320, sioners and agent of the state board of charity shall not be con- 1908, 228. sidered public offices within the meaning of the preceding section. SECTION 27. Whoever knowingly causes to be printed or pub- Fraudulent lished a false or fraudulent notice or advertisement for help or concerning for obtaining work or employment shall be punished by a fine of 1908/217?*" not more than five hundred dollars or by imprisonment for not more than three months or by both such fine and imprisonment. SECTION 28. Whoever corruptly gives, offers or promises to Corrupt in- an agent, employee or servant, any gift or gratuity whatever with agents of intent to influence his action in relation to the business of his prohibited, principal, employer or master; or an agent, employee or servant J 9 ^ 4 ' 343> who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any par- ticular manner in relation to the business of his principal, em- ployer or master; or an agent, employee or servant, who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, or to .employ service or labor for his principal, employer, or master, receives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee or ser- vant such commission, discount or bonus, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by such fine and by imprisonment for not more than one year. SECTION 29. No person shall be excused from attending, testi- Seif- incriminatmg f ying or producing books, papers, contracts, agreements and docu- testimony not ments before any court or in obedience to the subpoena of any 1904, 343', court having jurisdiction of the offence described in the pre- 2< ceding section on the ground or for the reason that the testi- mony or evidence, documentary or otherwise, required of him 42 GAS AND ELECTRIC LIGHT COMPANIES. Use of bells and whistles. R. L. 106, Non-resident special police officers to be employees, when. R. L. 108, 11. Police protec- tion author- ized and regulated. R. L. 108, 12. General penalty. R. L. 106, 70. Employees to be allowed time for voting. R. L. 11, 5,413. 1902, 384. 1904, 334. 1907, 560, 5,447. may tend to criminate him or subject him to a penalty or for- feiture. But no person shall be liable to any suit or prosecution, civil or criminal, for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before said court or in obedience to its subpoena or in any such case or proceedings. SECTION 33. Manufacturers and others who employ workmen may, for the purpose of giving notice to them, ring bells and use whistles and gongs of such size and weight and in such manner and at such hours as the board of aldermen of cities and the selectmen of towns may designate in writing. SECTION 34. If, in an emergency, special police officers are appointed under the name of police officers or any other name, to act as police officers for quelling a riot or disturbance or for protecting property no person shall be so appointed who is not a resident of this commonwealth unless he is a regular employee of the person or corporation whose property he is so appointed to protect. SECTION 35. A person or corporation may, at any time, if his or its property is in danger, call upon the regular police authorities in this commonwealth for assistance in its protec- tion, and the provisions of this and the preceding section shall not limit or diminish such rights; but no person or corporation shall request or authorize any person or body of persons not residents of this commonwealth, except regular employees, to assist such corporation with arms in the defence of its property, and no such request or authority shall justify an assault or at- tack with arms by a non-resident. Whoever, being an employer of labor, requests or authorizes assistance in violation of the provisions of this section and whoever renders such assistance with arms shall be severally liable in damages to each person injured in person or property thereby. SECTION 36. Whoever violates a provision of this act for which no specific penalty is provided shall be punished by a fine of not more than one hundred dollars. SECTION 45. No person entitled to vote at an election shall, upon the day of any such election, be employed in any manufac- turing, mechanical or mercantile establishment, except such as may lawfully conduct its business on Sunday, during the period of two hours after the opening of the polls in the voting pre- cinct or town in which he is entitled to vote, if he shall make application for leave of absence during such period. An owner, superintendent or overseer in any manufacturing, mechanical or mercantile establishment, except such as may lawfully conduct GAS AND ELECTRIC LIGHT COMPANIES. 43 its business on Sunday, who employs or permits to be employed therein any person entitled to vote at a state election, during the period of two hours after the opening of the polls in the voting precinct or town in which such person is entitled to vote, if he shall make application for leave of absence during such period, shall be punished by a fine of not more than one hundred dollars. SECTION 52. Except in cases of emergency or except at the Employees to request of the employee, it shall not be lawful for any person, day^restin partnership, association or corporation to require an employee IQOT^TT. engaged in any commercial occupation, or in the work of any industrial process, or in the work of transportation or commu- nication, to do on the Lord's day the usual work of his occupa- tion, unless such employee is allowed during the six days next ensuing twenty-four consecutive hours without labor. But the provisions of this section shall not be construed as authorizing any work on the Lord's day not now authorized by law; nor as applying to farm or personal services, to druggists, to watchmen, to superintendents or managers, to janitors, or to persons en- gaged in the transportation, sale or delivery of milk, food or newspapers. Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars for each offence. SANITARY AND PROTECTIVE PROVISIONS. SECTION 78. All manufacturing establishments within this Drinking commonwealth shall provide fresh and pure drinking water to provided for which their employees shall have access during working hours. Any person, firm, association or corporation owning, in whole 9 5 07 ' 537 ' or in part, managing, controlling or superintending any manu- facturing establishment in which the provisions of this section are violated shall, upon complaint of the state inspectors of health, of the board of health of the city or town, or of the selectmen of the town in which the establishment is located be punished by a fine of one hundred dollars for each offence. SECTION 79. Every factory in which five or more persons Sanitary pro- are employed, and every factory, workshop, mercantile or other establishment or office in which two or more children or women * are employed, shall be kept clean and free from effluvia arising J-J^ 106 ' from any drain, privy or nuisance, and shall be provided, within reasonable access, with a sufficient number of proper water closets, earth closets or privies; and wherever two or more males and two or more females are employed together, a sufficient num- ber of separate water closets, earth closets or privies shall be 44 GAS AND ELECTRIC LIGHT COMPANIES. Occupant may recover expense of changes. R. L. 106, 48. Notice of defective sanitary ar- rangements. B. L. 106, 49. Prerequisites to criminal prosecution. R. L. 106, 50. Ventilation of factories, etc. R. L. 106, 51. provided for the use of each sex, and plainly so designated; and no person shall be allowed to use a closet or privy which is pro- vided for persons of the other sex. SECTION 80. The owner, lessee or occupant of any premises which are used as described in the preceding section shall make the changes necessary to conform thereto. If such changes are made upon the order of the inspection department of the dis- trict police, by the occupant or lessee of the premises, he may, within thirty days after the completion thereof bring an action against any other person who has an interest in such premises, and may recover such proportion of the expense of making such changes as the court adjudges should justly and equitably be borne by the defendant. SECTION 81. If it appears to a state inspector of health that any act, neglect or fault in relation to any drain, water closet, earth closet, privy, ashpit, water supply, nuisance or other mat- ter in a factory or workshop included under the provisions of section seventy-nine, is punishable or remediable under the pro- visions of chapter seventy-five of the Revised Laws or any other law relative to the preservation of the public health, but not under the provisions of this chapter, he shall give notice in writing thereof to the board of health of the city or town in which such factory or workshop is situated, and such board of health shall thereupon inquire into the subject of the notice and enforce the laws relative thereto. SECTION 82. A criminal prosecution shall not be instituted against a person for a violation of the provisions of sections seventy-nine and eighty until four weeks after notice in writ- ing by the inspection department of the district police of the changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person, nor if such changes shall have been made in accordance with such notice. A notice shall be sufficient under the provisions of this section if given to one member of a firm, or to the clerk, cashier, secretary, agent or any other officer who has charge of the business of a corporation, or to its attorney; and in case of a foreign corporation, to the officer who has the charge of such factory or workshop; and such officer shall be personally liable for the amount of any fine if a judgment against the corporation is returned unsatisfied. SECTION 83. A factory in which five or more persons and a workshop in which five or more women or young persons are em- ployed shall, w r hile work is earned on therein, be so ventilated GAS AND ELECTRIC LIGHT COMPANIES. 45 that the air shall not become so impure as to be injurious to the health of the persons employed therein and so that all gases, vapors, dust or other impurities injurious to health, which are generated in the course of the manufacturing process or handi- craft carried on therein shall, so far as practicable, be rendered harmless. SECTION 84. If, in a workshop, or factory which is within the Health provisions of the preceding section, any process is carried on by enforce " which dust is caused which may be inhaled to an injurious extent R^L'/IOG?' by the persons employed therein, and it appears to a state inspec- 52- tor of health that such inhalation would be substantially dimin- ished without unreasonable expense by the use of a fan or by other mechanical means, such fan or other mechanical means, if he so directs, shall be provided, maintained and used. SECTION 85. A criminal prosecution shall not be instituted Prerequisites n . . . to criminal tor any violation or the provisions of the two preceding sections prosecution, unless such employer neglects, for four weeks after the receipt of a notice in writing, to make such changes in his factory or workshop as shall be ordered by a state inspector of health. SECTION 91. In every manufacturing establishment in which Communica- the machinery is propelled by steam, communication shall be engineer's provided between each room in which such machinery is placed R.T/104, and the room in which the engineer is stationed by means of speaking tubes, electric bells or appliances to control the motive power, or such other means as shall be satisfactory to the inspec- tors of factories and public buildings, if in the opinion of the inspectors such communication is necessary. Whoever, being the occupant or controlling the use of any such manufacturing estab- lishment, violates the provisions of this section shall forfeit to the commonwealth not less than twenty-five nor more than one hundred dollars. SECTION 92. No prosecution for a violation of the provisions Commence- of the preceding section shall be commenced until four weeks J^osecutions. after notice in writing by an inspector has been sent by mail to ^39' 104> such person, firm or corporation of any changes necessary to be made to comply with the provisions of said section, nor if such changes shall have been made in accordance with such notice. SECTION 93. No outside or inside doors of any building in Doors not which operatives are employed shall be so locked, bolted or other- during hours wise fastened during the hours of labor as to prevent free egress. R. . 104, The owner, lessee or occupant of any such building shall, five days after receiving notice in writing from an inspector of factories and public buildings, comply with the provisions of this section. 46 GAS AND ELECTRIC LIGHT COMPANIES. Belting, etc., in factories to be guarded. R. L. 104, 41. 1907, 503, 2; 537, 5. Hatchways, etc., to be protected. R. L. 104, 43, 108. Temporary flooring during con- struction. R. L. 104, 44. Same subject. R. L. 104, 45. Enforcement of laws and penalty. R. L. 104, 46. Use of explosives regulated. R. L. 104, 47. Appliances for ex- pectoration. 1907, 503, 2. SECTION 94. The belting, shafting, gearing and drugs of all factories, if so placed as, in the opinion of the inspectors of fac- tories and public buildings, to be dangerous to employees therein while engaged in their ordinary duties, shall be as far as practi- cable securely guarded. No machinery except steam engines in a factory shall be cleaned while running if objection in writing is made by one of said inspectors. All factories and workshops shall be well lighted, well ventilated and kept clean, and this require- ment shall be enforced by the state inspectors of health. SECTION 96. The openings of hoistways, hatchways, elevators and well holes upon every floor of a factory or mercantile or public building shall be protected by sufficient trap doors or self- closing hatches and safety catches, or such other safeguards as the inspectors of factories and public buildings direct; and due diligence shall be used to keep such trap doors closed at all times, except when in actual use by the occupant of the building who has the use and control of the same. SECTION 97. If, in the erection of an iron or steel framed building the spaces between the girders or floor beams of any floor are not filled or covered by the permanent construction of said floors before another story is added to the building, a close plank flooring shall be placed and maintained over such spaces, from the time when the beams or girders are placed in position until said permanent construction is applied; but opening's, protected by a strong hand railing not less than four feet high, may be left through said floors for the passage of workmen or material. SECTION 98. In the construction of any iron or steel framed building having a clear story of twenty-five feet elevation or more, a staging with a close plank flooring shall be placed under the whole extent of the beams, girders or trusses of such story upon which iron or steel workers are working, and not more than ten feet below the under side of such beams, girders and trusses. SECTION 99. Inspectors of factories and public buildings shall enforce the provisions of the two preceding sections, and who- ever violates any provision thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars for each offence. SECTION 100. Explosive or inflammable compounds shall not be used in any factory in such place or manner as to obstruct or render hazardous the egress of operatives in case of fire. SECTION 103. Suitable receptacles for expectoration shall be provided in all factories and workshops by the proprietors thereof, the same to be of such form and construction and of GAS AND ELECTRIC LIGHT COMPANIES. 47 such number as shall be satisfactory to the board of health of the city or town in which the factory or workshop is situated. SECTION 104. Every person, firm or corporation operating a Surgical factory or shop in which machinery is used for any manufactur- ing or other purpose except for elevators, or for heating or 1907> 164 ' hoisting apparatus, shall at all times keep and maintain, free of expense to the employees, such a medical and surgical chest as shall be required by the board of health of the city or town where such machinery is used, containing plasters, bandages, absorb- ent cotton, gauze, and all other necessary medicines, instruments and other appliances for the treatment of persons injured or taken ill upon the premises. A person, firm or corporation vio- lating any provision of this section shall be punished by a fine of not less than five dollars nor more than five hundred dollars for every week during which such violation continues. PAYMENT OF WAGES. SECTION 112. Every manufacturing, mining, or quarrying, Weekly mercantile, railroad, street railway, telegraph or telephone corpo- S?S? g es. ration, every incorporated express company or water company, 62.' 106 ' and every contractor, person or partnership engaged in any manu- J^; 42?; facturing business, in any of the building trades, in quarries or JjjjJJ J|jj- mines, upon public works or in the construction or repair of railroads, street railways, roads, bridges or sewers, or of gas, 172 Mass. 230. i A v i^ i 1.11 111 195 Mass. 548. water or electric light works, pipes or lines, shall pay weekly each Amended. employee engaged in his or its business the wages earned by him to within six days of the date of said payment, but any employee leaving his or her employment, [or being discharged from such employment] shall be paid in full on the following regular pay day and any employee discharged from such em- ployment shall be paid in full on the day of his discharge, or in the city of Boston as soon as the provisions of law requiring pay rolls, bills and accounts to be certified shall have been com- plied with; and the commonwealth, its officers, boards and com- missions shall so pay every mechanic, workman and laborer who is employed by it or them, and every person employed by it or them in any penal or charitable institution, and every county and city shall so pay every employee who is engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town shall so pay each employee in its busi- ness if so required by him; but an employee who is absent from his regular place of labor at a time fixed for payment shall be 48 GAS AND ELECTRIC LIGHT COMPANIES. Chief of police to prosecute violations of preceding section. R. L. 106, 63. Penalty for discharge of employee without notice. R. L. 106, 10. paid thereafter on demand. The provisions of this section shall not apply to an employee of a co-operative corporation or associa- tion if he is a stockholder therein unless he requests such corpo- ration to pay him weekly. The board of railroad commissioners, after a hearing, may exempt any railroad corporation from pay- ing weekly any of its employees if it appears to the board that such employees prefer less frequent payments, and that their interests and the interests of the public will not suffer thereby. No corporation, contractor, person or partnership shall by a special contract with an employee or by any other means exempt himself or itself from the provisions of this and the following section. Whoever violates the provisions of this section shall be punished by a fine of not less than ten nor more than fifty dollars. SECTION 113. The chief of the district police or an inspector of factories and public buildings may make a complaint against any person for a violation of the provisions of the preceding section. Complaints for such violation shall be made within thirty days after the date thereof, and, on the trial, no defence for failure to pay as required, other than the attachment of such wages by the trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him, shall be valid. The defendant shall not set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages which are payable weekly under the provisions of this act shall not be valid if made to the person from whom such wages are to become due or to any person on his behalf or if made or procured to be made to another person for the purpose of relieving the employer from the obli- gation to pay weekly. The word " person " in this section shall include the corporations, contractors, persons and partnerships described in the preceding section. SECTION 120. A person who being engaged in manufacturing requires from his employees, under penalty of forfeiture of a part of the wages earned by them, a notice of intention to leave such employ shall be liable to a like forfeiture, if, without similar notice, he discharges an employee. Liability of employer to employee. R. L. 106, 71. 1908, 420. LIABILITY OF EMPLOYERS TO EMPLOYEES. SECTION 127. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care by reason of: GAS AND ELECTRIC LIGHT COMPANIES. 49 First, A defect in the condition of the ways, works or machin- inery connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in con- sequence of, the negligence of the employer or of a person in his service who had been entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or, Second, The negligence of a person in the service of the employer who was entrusted with and was exercising superin- tendence and whose sole or principal duty was that of superin- tendence, or, in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer; or, The employee, or his legal representatives, shall, subject to the provisions of the nine following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer. , SECTION 128. If the injury described in the preceding section Action if results in the death of the employee, and such death is not in- followed by stantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under the provisions of the following section, the legal representatives suffering. of said employee may, in the action brought under the provisions 72.' , , ,: ,. ,, , , . ,,. 1906,370. of the preceding section, recover damages for the death in addi- tion to those for the injury; and in the same action under a separate count at common law, may recover damages for conscious suffering resulting from the same injury. SECTION 129. If, as the result of the negligence of an em- Action if ployer himself, or of a person for whose negligence an employer followed by is liable under the provisions of section one hundred and twenty- seven, an employee is instantly killed, or dies without conscious suffering, his widow or, if he leaves no widow, his next of kin, R- L. 106, who, at the time of his death, were dependent upon his wages for IQOS, 457. support, shall have a right of action for damages against the employer. SECTION 130. If an action is brought under the provisions of ^JJJJ^JJ 11 * the preceding section by the widow of the employee, or by the brought next of kin, who may have such right of action, or if the action fng sections. is brought under the provisions of section one hundred and twenty- seven by the legal representatives, such action shall not fail by reason of the fact that it should have been brought under the 50 GAS AND ELECTRIC LIGHT COMPANIES. Damages. R. L. 106, 74. Notice. R. L. 106, 75. Amended. 1910, 166, 2. other section, but may be so amended as to provide against such failure at any time prior to final judgment. SECTION 131. If under the provisions of section one hundred and twenty-eight and one hundred and twenty-nine damages are awarded for the death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable. The amount of damages which may be awarded in an action under the provisions of section one hundred and twenty-seven for a personal injury to an employee, in which no damages for his death are awarded under the provisions of section one hundred and twenty-eight shall not exceed four thousand dollars. The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions of section one hundred and twenty-eight shall not exceed five thou- sand dollars for both the injury and the death, and shall be ap- portioned by the jury between the legal representatives of the employee and the persons who would have been entitled under the provisions of section one hundred and twenty-nine to bring an action for his death if it had been instantaneous or without conscious suffering. The amount of damages which may be awarded in an action brought under the provisions of section one hundred and twenty- nine shall not be less than five hundred nor more than five thou- sand dollars. SECTION 132. No action for the recovery of damages for in- jury or death under the provisions of the five preceding sections shall be maintained unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, after the accident which causes the injury or death. Such notice shall be in writing, signed by the person injured or by a person in his behalf. [ ; but] // the person injured dies within the time required for giving the notice his executor or administrator may give such notice within sixty days after his appointment. If from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give it within ten days after such incapacity has been removed, and if he dies [without having given notice and without having been for ten days at any time after his injury of sufficient capacity to give it] within said ten days his executor or administrator may give such notice within sixty days after his appointment. A notice given under the provisions of this section shall not be held invalid GAS AND ELECTRIC LIGHT COMPANIES. 51 or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury if it is shown that there was no intention to mislead, and that the employer was not in fact misled thereby. SECTION 133. If an employer enters into a contract, written Liability of or verbal, with an independent contractor to do a part of such tx^the em^ er employer's work, or if such contractor enters into a contract with SStractoror a sub-contractor to do all or any part of the work comprised f^L^o?, 040 ^ in such contractor's work with the employer, such contract or * 76- sub-contract shall not bar the liability of the employer for in- juries to the employees of such contractor or sub-contractor caused by any defect in the condition of the ways, works, ma- chinery or plant, if they are the property of the employer or are furnished by him and if such defect arose, or had not been dis- covered or remedied, through the negligence of the employer or of some person entrusted by him with the duty of seeing that they were in proper condition. SECTION 134. An employee or his legal representatives shall Employer not be entitled under the provisions of sections one hundred and when, twenty-seven to one hundred and thirty-one, inclusive, to any 77.' right of action for damages to his employer if such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, in- formation thereof to the employer, or to some person superior to himself in the service of the employer who was entrusted with general superintendence. SECTION 135. An employer who shall have contributed to an Evidence in insurance fund created and maintained for the mutual purpose damages, of indemnifying an employee for personal injuries for which J^g' 106 ' compensation may be recovered under the provisions of sections one hundred and twenty-seven to one hundred and thirty-one, inclusive, of this act or to any relief society formed under the provisions of sections seventeen, eighteen and nineteen of chapter one hundred and twenty-five of the Revised Laws, or under the provisions of sections forty-six, forty-seven and forty-eight of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, may prove in mitigation of the damages recoverable by an employee under the provisions of said sections, such proportion of the pecuniary benefit which has been received by such employee from any such fund or society on account of such contribution of said employer as the contribution of such employer to such fund or society bears to the whole contribution thereto. 52 GAS AND ELECTRIC LIGHT COMPANIES. Plans of compensation for injured employees. 1908, 489, 1,2. Form of agreement and method of signing. 1908, 489, 3. Agreement to plan to be voluntary. Duration. 1908, 489, 4,5. Employees, certain, to submit to board of conciliation, etc., a plan of compensa- tion, etc. 1908, 489. 1909, 211. SECTION 136. An employer of labor may submit to the state board of conciliation and arbitration a plan of compensation for employees in his employ, providing for payments to them in the event of injury in the course of their employment, based upon a certain percentage of their average earnings, and without refer- ence to legal liability under the common law of the employers' liability act. After examination of such plan of compensation, and a public hearing thereon after public notice thereof, said board may, if it considers the plan fair and just to the employee, give its approval thereof by its certificate attached thereto; and, thereafter, the employer may enter into a contract with his em- ployees by which they shall release him from liability in case of injury in the course of said employment and accept in lieu thereof the compensation provided in said plan. SECTION 137. Either parent or the guardian of any minor employee may agree to said plan of compensation in behalf of the minor. Such agreement shall be in writing signed by the em- ployee, or, in the case of a minor employee, by either parent or the guardian, in the presence of two witnesses, of whom one shall be an employee at the time of such signature. SECTION 138. No employer shall require as a condition of em- ployment that any employee shall assent to any plan of compen- sation or in any way waive his legal right to recover damages for an injury outside the provisions of such plan, and no contract under such plan of compensation shall be binding for more than one year from the date thereof. SECTION 139. The employees of any employer of labor, num- bering at least ten per cent of those regularly employed during the preceding year, may submit to the state board of conciliation and arbitration a plan of compensation such as is described in section one hundred and thirty-six of this act. Such plan shall be referred to the employer, and in case no agreement between the employer and the employees is reached within thirty days and reported to said board, then after examination of the said plan of compensation, and a public hearing thereon after public notice thereof, the board of conciliation and arbitration may, if it con- siders the same fair and just to the employer and employees, recommend to the employer, the adoption of the same. Upon notice of acceptance of the plan duly filed by the employer the plan shall be deemed to be in force precisely as if it had been submitted and approved under the provisions of the preceding sections of this act. GAS AND ELECTRIC LIGHT COMPANIES. 53 SECTION 140. Except as provided in the four preceding sec- Contracts for tions, no person shall, by a special contract with his employees, of employer exempt himself from liability which he may be under to them for f??n/ury, lty injuries suffered by them in their employment and resulting from B. r L d io6, the negligence of the employer or of a person in his employ. f g 1 ^ 489> 6 SECTION 141. A justice of the superior court may, upon peti- tion setting forth in ordinary language that the servant or em- employees. ployee of a certain firm, person, corporation or association has 1 ' 8 ' 380 ' been injured in the course of his employment, through some defect in the ways, works or machinery owned or used by the employer, and that it is necessary in order to protect the interests of the injured person that an examination should be made of the ways, works or machinery through whose defect the injury oc- curred, and after such notice to the employer as any justice of said court may direct or approve, and a hearing, grant an order directing the employer or person in control of such ways, works or machinery to permit the person named in said order to make such examination, under such conditions as shall be set forth in the order. SECTION 144. All manufacturers, manufacturing corporations Report of and proprietors of mercantile establishments shall forthwith employees. send to the chief of the district police a written notice of any acci- 17.' dent to an employee while at work in any factory, manufacturing or mercantile establishment operated by them, if the accident results in the death of said employee or in such bodily injury as to prevent him from returning to his work within four days there- after. The chief of the district police shall forthwith transmit to the sender of such notice a written or printed acknowledgment of the receipt thereof, and he shall keep a record of all accidents so reported to him, of the name of the person injured, of the city or town in which the accident occurred and the cause thereof, and shall include an abstract of said record in his annual report. Whoever fails to send notice of an accident as required by this section shall be punished by a fine of not more than twenty dol- lars. Acts of 1910, Chapter 445. An Act to Regulate Advertisements and Solicitations for Em- ployees during Strikes, Lockouts or Other Labor Disputes. SECTION 1. If an employer, during the continuance of a strike Advertisement for employees among his employees, or during the continuance 01 a lockout or during other labor trouble among his employees, publicly advertises in newspapers, or by posters or otherwise, for employees, or by 54 GAS AND ELECTRIC LIGHT COMPANIES. Penalty. himself or his agents solicits persons to work for him to fill the places of strikers he shall plainly and explicitly mention in such advertisements or oral or written solicitations that a strike, lock- out or other labor disturbance exists. SECTION 2. If any person, firm, association or corporation violates any provision of this act, he or it shall be punished by a fine not exceeding one hundred dollars for each offence. [Ap- proved April 25, 1910. Employers and employees may establish co-operative retirement systems, etc. By-law to be approved by the insurance commissioner, etc. Acts of 1910, Chapter 559. An Act to authorize Employers and Employees to Establish Co operative Retirement, Annuity or Pension Systems. SECTION 1. Employees, officers and agents of any corporation, firm or individual, and the corporation, firm or individual by which they are employed, are hereby authorized to form an association for the purpose of providing annuities, pensions or endowments for employees retiring from their employment on account of age, under a system by which the participating employees con- tribute to the funds of the association a percentage or portion of their salaries or wages as fixed by the by-laws of the associa- tion, to be deducted by the employer and paid to the association, and the employer contributes to the funds of the association in the manner and to the extent fixed in said by-laws. The funds so provided shall be held by trustees independently of other funds of the employer, for the purchase or payment of annuities, pensions or endowments to participating employees upon their retirement from service on account of age, for the payments to the representatives or appointees of any participator dying before reaching the age of retirement, for the payment to any participa- tor retiring from service before becoming entitled to a pension or annuity and for the payment of the expenses of administra- tion. An association formed under the authority of this act shall not be subject to the provisions of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven, or to such other provisions of law as relate to insurance companies or associations, except as herein provided. SECTION 2. The by-laws of every such association shall be approved by the insurance commissioner, and shall prescribe the manner in which and the officers and agents by whom the pur- pose of the association may be carried out and the manner in which its funds may be invested and paid out. Such association shall be deemed to be formed when its by-laws have been approved and agreed to by the employer and by the employees by vote of GAS AND ELECTRIC LIGHT COMPANIES. 55 two thirds of all employees present and voting at a meeting called by the employer for the purpose, and have been approved by said commissioner. Such association shall annually, on or before Annual report. the first day of February, report to the insurance commissioner such statements of its membership and financial transactions for the year ending on the preceding thirty-first day of December as the commissioner may consider necessary to show its business and standing. Said commissioner may verify such statement by an examination of the books and papers of the association; and whoever, having charge or custody of said books and papers, neglects to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars. SECTION 3. The property of every such association, and the Exempt from , -,-,,, taxation, etc. portion of the w r ages or salary of an employee deducted or to be deducted under this act, the right of an employee to an an- nuity, pension or endowment, and all his rights in the funds of the association, shall be exempt from taxation and from the operation of any law relating to bankruptcy or insolvency, and shall not be liable to attachment by trustee process or be liable to be taken on execution or on any other process legal or equi- table to satisfy any debt or liability of the employer or of any member of the association. SECTION 4. This act shall take effect upon its passage. [Ap- proved May 26, 1910. Acts of 1907, Chapter B81, $ 3, 4, 5. An Act to prohibit the Publication of Unsigned Political Ad- vertisements and the making, by certain Corporations, of Political Contributions. SECTION 3. No corporation carrying on the business of a bank, Certain . , , -i-i , corporations trust, surety, indemnity, safe deposit, insurance, railroad, street prohibited railway, telegraph, telephone, gas, electric light, heat, power, poitica? con? canal, aqueduct, or water company, or any company having the right to take or condemn land or to exercise franchises in public 483 - ways granted by the Commonwealth or by any county, city or town, and no trustee or trustees owning or holding the majority of the stock of such a corporation, shall pay or contribute in order to aid, promote, or prevent the nomination or election of any person to public office, or in order to aid, promote or an- tagonize the interests of any political party, or to influence or affect the vote on any question submitted to the voters. No per- son shall solicit or receive such payment or contribution from such corporation or such holders of stock. 56 Penalty. When to take effect. GAS AND ELECTRIC LIGHT COMPANIES. SECTION 4. Any corporation which violates any provision of this act shall be punished by a fine of not more than ten thousand dollars, and any officer, director or agent of a corporation violat- ing any provision of this act, who authorized such violation, or any person who violates, or in any way knowingly aids or abets the violation of, any provision of this act, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year. SECTION 5. This act shall take effect on the first day of October in the year nineteen hundred and seven. [Approved June 28, 1907. Sale of coke and charcoal. 1901, 423, 1. Substitute. 1908, 205, 11. Sale of coke and charcoal. 1908, 205, II. Baskets and bags, capacity and sealing. 1901, 423, 2. Amended. 1908, 205, 2. 1909,424, 1. Revised Laws, Chapter 57, 86 to 93 inclusive. [SECTION 86. Coke in quantities of less than one hundred pounds, and charcoal in any quantities, shall be sold only by bas- kets or in bags, and when sold by baskets shall be kept, until delivered, in the same baskets in which the goods are measured. Coke sold in quantities of one hundred pounds or more shall be sold only by baskets or by weight.] Section 86. Coke in quantities of less than one hundred pounds, and charcoal in any quantities, shall be sold by weight or by measure, and shall be kept until delivered in the same bags or baskets in which the goods are weighed or measured, and coke and charcoal thus sold shall be exempt from the provisions of section eighty-eight of this chapter. When sold by weight, such bags or baskets shall be plainly marked with the name of the person who puts up the same and the weight of the coke or char- coal therein, the words so marked being in solid Roman capital letters, at least one inch in height. Coke sold in quantities of one hundred pounds or more shall be sold only by weight. SECTION 87. Baskets used in selling coke or charcoal by measure shall be of the capacity of two bushels, of one bushel, or of one half bushel, Massachusetts standard dry measure. They shall be sealed, and their capacity plainly marked thereon by a sealer of weights and measures of the city or town in which the person using them resides or does business, and shall be filled level full. Bags of coke or charcoal, or unpacked kindling wood not exceeding six inches in length sold or offered for sale by measure shall contain, and shall be sold as containing, one half bushel, dry measure, standard aforesaid, of said goods, and shall be plainly marked with the name of the person who puts up the same, and the words in capital letters, each at least one inch in GAS AND ELECTRIC LIGHT COMPANIES. 57 height, " ONE HALF BUSHEL," and kindling wood may be sold in bundles not less than twenty-seven inches in circum- ference: provided, that the wood shall be cut not less than two and one quarter inches long. SECTION 88. Whoever sells coke, charcoal or coal by weight Weighing and shall without cost to the purchaser cause the goods to be weighed 1901, 423', by a sworn weigher of the city or town in which they are [sold] Amended. weighed and shall cause a certificate stating the name and place \ 9 2 ' 453> of business of the seller, and either the identifying number, of 1910' 219' which a permanent record shall be kept, or, the name of the per- 1 - son taking charge of the goods after the weighing, as given to the weigher on his request, the tare weight and the quantity of the goods, to be signed by the weigher. Such certificate shall be given to said person and shall by him be given only to the owner of the goods or his agent when he unloads the same; and every such person, owner or agent shall, on request and without charge, therefor, permit any sealer of weights and measures of any city or town to examine the certificate and to make a copy thereof. SECTION 89. A sealer of weights and measures -of a city or Sealer may town in which any quantity of coke, charcoal, or coal for delivery txTbe e m is found may, in his discretion, direct the person in charge of the JfJi, 423, goods to convey the same without delay or charge to scales desig- \mended nated by such sealer, who shall there determine the quantity of the * 9 *> 453 > goods, and, if they are not in baskets or bags, shall determine idio, 219, their weight [with the weight of the vehicle in which they are carried], with the tare weight, and shall direct said person to return to such scales forthwith after unloading the goods; and upon such return, the sealer shall [weigh the vehicle] determine the tare weight. The scales designated by the sealer as aforesaid may be the public scales of the city or town or any other scales therein which have been duly tested and sealed, and shall be such scales as are in his judgment the most convenient of those avail- able. SECTION 90. A sealer of weights and measures of a city or Record to be town and a sworn weigher shall keep in a book used by him solely weights and for that purpose a record of all baskets sealed by him as afore- said, and of all weighings and determinations of quantities of coke, 5> charcoal or coal made by him as aforesaid. Such record shall be made at the time of measuring or weighing, and shall state the day and hour of the measuring or weighing, the name and place of business of the seller of the goods, the name of the owner of the baskets or of the purchaser of the goods as given to him on 58 GAS AND ELECTRIC LIGHT COMPANIES. Penalty. 1901, 423, 6. Amended. 1902,453, 4. for having illegal coal, etc., measures. 1758-9, 16, 6. 1772-3, 8, 6-8. 1833, 193, 2. R. S. 28, 208. 1852, 302, 1. 1853, 305, 3. 1859, 250, 1,2. Seizure of illegal measures ; arrest, etc. 1758-9, 16, 7. 1772-3, 8, 8. 1796, 67, 6. R. S. 28, 206. 1852, 302, 2 1853, 305, 4 1859, 250, 1,2. G. S. 49, 194. P. S. 60, 88. Dealers in coal and coke to be licensed. his request by the person taking charge of the baskets or goods after weighing or measuring, the capacity of the baskets measured or quantity of goods determined, and the name of said person, and, in the case of a re-weighing as aforesaid, shall state the weight as given in the certificate and as determined by him. No charge shall be made by any such sealer for anything done under the provisions of this and the two preceding sections. SECTION 91. Whoever violates any provision of the seven pre- ceding sections or fails to comply with any request for informa- tion or direction made under authority thereof, or gives a false answer to any - such request, shall for each offence be punished by a fine of not more than fifty dollars; and whoever shall be guilty of any fraud or deceit relative to the weighing, selling or delivering of coke, charcoal or coal, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause the provisions of the seven preceding sections to be enforced in their respective cities and towns. SECTION 92. A vendor of coal, coke or charcoal who has in his possession a basket, bag or other measure which does not con- form in every particular to the requirements respecting it, with intent to use or permit it to be used in measuring coal, coke or charcoal sold or offered for sale, shall be punished by a fine of not more than twenty dollars, and such basket, bag or measure shall be destroyed. Q. S. 49, 193. P. S. 60, 87. 1883, 218, 2. 1884, 70. 1894, 429, 4. SECTION 93. The mayor and aldermen of a city or the select- men of a town shall appoint one or more persons whose duty it shall be to seize all baskets, bags or measures used or intended to be used for measuring coal, coke or charcoal, which do not conform to the foregoing provisions, to arrest without warrant any person who has in his possession such baskets, bags or meas- ures and to prosecute him under the provisions of the preceding section. The tribunal by which he is convicted shall order said baskets, bags and measures to be destroyed. Acts of 1903, Chapter 481. An Act to provide for Licensing Dealers in Coal and Coke. SECTION 1. It shall be unlawful for any person, firm or corpo- ration to engage in or carry on the business of selling coal or coke, as principal or agent, in any city or town, at wholesale or retail, either by maintaining a place of business or by peddling GAS AND ELECTRIC LIGHT COMPANIES. 59 the same from house to house, or otherwise, without first obtain- ing a license so to do from the secretary of the Commonwealth. [SECTION 2. Such licenses shall be granted, by the secretary Licenses to be of the Commonwealth for such periods and upon the payment of secretary of e such fees, not exceeding five dollars, and upon such conditions monweaith and terms as may be prescribed in cities by ordinance and in f/J| a ^ towns by by-laws.] * Section 2. The said license may be granted ~by the secretary Licenses to be of the Commonwealth for such period, and upon such conditions Secretary If 6 and terms as may be prescribed in cities by ordinance and in towns by by-laws, and upon the payment of such fees, not ex- \ 9 6 ' 434> ceeding one dollar for each year of its continuance , as may be prescribed by the secretary. [SECTION 3. The said licenses may be suspended or revoked Licenses at any time by the secretary of the Commonwealth, after a fair suspended or hearing given to the licensee, for using false weights and meas- Repealed. ures, for charging extortionate prices, for conspiring, combining 2. ' unlawfully with other persons, or unlawfully discriminating in the conduct of said business, or for any other just and sufficient reason.] Section 3. The said licenses may be suspended or revoked at Licenses any time by any justice of the superior court } after due hearing, suspended or upon complaint in such form as he may require, for using false looe, 434, weights or measures, for charging exorbitant or excessive prices, for conspiring, combining unlawfully with other persons, or un- lawfully discriminating in the conduct of said business, or for any other just and sufficient reason. [SECTION 4. Any licensee aggrieved by the suspension or rev- Licensees ag- ocation of his license may appeal to any justice of the superior appeal to a court who shall hear the parties as soon as may be, and whose the superior decision sustaining, modifying or annulling the action of the jSpaated.' licensing authority shall be final and binding upon all parties. 6 > 434 > Pending such appeal and a decision thereon the license shall con- tinue in force.] SECTION 5. It shall be the duty of any licensee as aforesaid ~" to give public notice that he holds the license by displaying the etc. word "License", and the number of his license at his place of business and on all vehicles employed by him in his business and in such other manner as the licensing authority may direct. It shall be unlawful for any such persons, firms or corporations not so licensed to designate themselves as licensed or to use the word " licensed " upon any vehicle or in any place. 60 GAS AND ELECTRIC LIGHT COMPANIES. Penalty. SECTION 6. Whoever violates any provision of this act shall be punished by fine of not more than fifty dollars or by imprison- ment for a term not exceeding six months, or by both such fine and imprisonment. [Approved June 26, 1903. Certain business not prohibited. 1886, 82. 1887, 391, 2. 1893, 41. Certain work may be per- formed on the Lord's Day. Certain pro- visions of law not to apply. Revised Laws, Chapter 98, 3. Of the Observance of the Lord's Day. SECTION 3. The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power, . . . 1895, 434, 2. 1900, 440. 1901, 80. 145 Mass. 430. 149 Mass. 68. 176 Mass. 5, 104. Amended, 1902, 414. 1908, 126, 273. Affected. 1909, 423, 577. 1910, 514, 52. Acts of 1909, Chapter 420. An Act relative to the Performance of Work on the Lord's Day. SECTION 1. The police commissioner of the city of Boston, or any member of the police department having a rank not lower than that of captain and designated by said commissioner, or the chief of police of any other city or of any town, upon such terms and conditions as he deems reasonable may issue a permit for the performance on the Lord's day of necessary work or labor which, in his judgment, could not be performed on any other day without serious suffering, loss, damage, or public inconven- ience. Such permit shall cover not more than one day and shall be issued not more than six days prior to the day for which it is issued. SECTION 2. The provisions of section two of chapter ninety- eight of the Revised Laws shall not apply to any person working under, and complying with, the provisions of a permit granted a aforesaid. SECTION 3. This act shall take effect upon its passage. [Ap- proved May 21, 1909. MUNICIPAL LIGHTING PLANTS. 61 CHAPTER 34. OF THE MANUFACTURE AND DISTRIBUTION OF GAS AND ELECTRICITY BY CITIES AND TOWNS. SECTION 1. A city or town may, in accordance with the Cities and provisions of this chapter, construct, purchase or lease, and inT^ufa'cture, maintain within its limits, one or more plants for the eiectncity nd manufacture or distribution of gas or electricity for fur- if 94] f 33; 1 - nishing light for municipal use, or light, heat or power, }f 3 Mass' 1*9' except for the operation of electric cars, for the use of its Jjjj Mass, eoi,' inhabitants. Such plants may include suitable land, struc- i63'Mass.346. , -, . r n .S 11- See as to tures and machinery and other apparatus and appliances street raii- f or manufacturing, using and distributing gas or electricity 63 8 ,'in, 6 ' for said purposes. SECTION 2. A city shall not acquire such a plant until it has been so authorized by a vote of two-thirds of each branch of its city council passed in each of two consecutive 2. ' municipal years and thereafter ratified by a majority of 7. ' the voters at an annual or special city election. If such a vote is not ratified, no similar vote shall be submitted for ratification within one year thereafter. Such vote of the city council shall be subject to the approval or veto of the mayor. SECTION 3. A town shall not acquire such a plant until it has been so authorized by a vote of two-thirds of the 3 -,, q . R 47 Xoo iviass. o*o. voters, taken by ballot with the use of the voting list, at each of two town meetings called for the purpose and held at intervals of not less than two nor more than thirteen months. If such vote fails of passage at the second meet- ing no similar vote shall be passed within two years there- after. SECTION 4. After a city or town has voted under the Certification provisions of the two preceding sections, the city or town acceptance. clerk shall forthwith transmit to the board of gas and \ 2 ' 259 ' electric light commissioners a certified copy of so much of the records of the city council or of the town as relates to the result of the vote. SECTION 5. If a citv or town which has authorized the of subse- ... ci T' i i iTi quent votes acquisition of such a plant subsequently votes to establish, andordi- purchase, reconstruct, extend or enlarge a plant, or to issue 1392, 259, bonds on account of the same, or to regulate the manage- ment or conduct thereof, or to adopt an ordinance or by- law relative to such plant, the city or town clerk shall, 62 MUNICIPAL LIGHTING PLANTS. Penalty. 1892, 259, 4. Cities and towns not to manufacture or distribute electricity for operation of cars. Certain towns may purchase electricity for lighting pur- poses from street railway companies. 1902, 449, 1. See 1906, 218. Delivery of electricity. 1902, 449, 2. In case of dis- agreement, railroad com- missioners to fix price of electricity. 1902, 449, 3. within ten days after such vote, transmit to the board of gas and electric light commissioners a certified copy thereof. SECTION 6, A city or town clerk who fails or neglects to comply with the provisions of the two preceding sections shall, for each offence, forfeit not more than twenty-five dollars. Acts of 1906, Chapter 463, Part III., $$ 59, 60, 61, 62, 63, 155, 160. SECTION 59. A city or a town shall not manufacture or dis- tribute electricity for furnishing light, heat or power for the operation of the cars of a street railway company. 1891, 370, 1. R. L. 34, 1. 153 Mass. 129. 163 Mass. 346. 1894, 533. 150 Mass. 592. 155 Mass. 601, 605. SECTION 60. A town in which no person or corporation is en- gaged in the business of generating or distributing electricity for sale for lighting purposes and which is not itself engaged in such business, and which has voted or shall vote, in accordance with the provisions of chapter thirty-four of the Revised Laws, to construct one or more plants for the manufacture or distribution of electricity for furnishing light for municipal use or for the use of its inhabitants, or for both purposes, may make contracts, for a term not exceeding ten years, with any street railway company operating a street railway in such town, for the purchase of elec- tricity from such street railway company, for the purpose of fur- nishing light for municipal use or for the use of its inhabitants, or for both purposes ; and any street railway company may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad com- missioners shall, after public notice and a hearing, approve the terms thereof as consistent with the public interests. SECTION 61. The electricity supplied by a street railway com- pany to a town shall be delivered to the distributing system of said town at some specified place or places therein, and the meter or meters through which such electricity is measured shall be a part of the distributing system. SECTION 62. If a town voting to purchase electricity from a street railway company is unable to agree with such company at the expiration of a contract made in accordance with the pro- visions of section sixty upon the price to be paid for electricity by, or upon the manner in which electricity is to be furnished to, said town in the future, such town through its selectmen may apply to the board of railroad commissioners to fix the price which said town shall pay for said electricity to, and the manner MUNICIPAL LIGHTING PLANTS. 63 in which electricity shall be furnished by, said company; and thereupon the said board shall set a date for a public hearing upon such application, giving said company reasonable notice thereof; and after the hearing said board shall, if it deems the furnishing of such electricity consistent with the interests of pub- lic travel upon the railway of such company, fix the price which said town shall pay for electricity to, and the manner in which electricity shall be furnished by, said company ; and said company shall thereupon furnish to said town electricity at the price and in the manner fixed by said board. SECTION 63. A town which has contracted with a street rail- TO be subject way company for the purchase of electricity shall be subject to p^ovlsi'ons of the provisions of chapter thirty-four of the Revised Laws and of 1*902, 449, all acts in amendment thereof or in addition thereto, so far as the 4- same may be applicable. SECTION 155. Every state board and commission shall keep a Records of record of its proceedings in any matter considered by it under befor| dmss the provisions of this chapter or under any laws affecting street 139 8^5 73, railways, in which it shall enter every request made by any party R 2 - 112 before it for a ruling of law and of its action upon such request, 98 - and the neglect either to grant or refuse such request shall be taken in any judicial review of such proceedings as a refusal. SECTION 160. This act shall not affect any act passed in the Not to affect year nineteen hundred and six unless such act is specifically re- uSSi? etc* * pealed herein. Acts of 1906, Chapter 218. An Act relative to the Purchase of Electricity by Towns from Street Railway Companies. Section one of chapter four hundred and forty-nine of the 1902, 449, acts of the year nineteen hundred and two is hereby amended by imended. striking out the words " and which is not itself engaged in such business", in the third and fourth lines, and by inserting after the word " light ", in the eighth and fourteenth lines, the words : or power, so as to read as follows : Section 1. A town Certain towns i i ,. , . ., , n may purchase in which no person or corporation is engaged in the business of electricity generating or distributing electricity for sale for lighting pur- poses, a.nd which has voted or shall vote, in accordance with the P anies - provisions of chapter thirty-four of the Revised Laws, to con- struct one or more plants for the manufacture or distribution of electricity for furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes, may make a contract or contracts, for a term not exceeding ten years, with any street railway company or companies operating a street rail- 64 MUNICIPAL LIGHTING PLANTS. Bonds, issue of. 1891, 370, 4. Substitute. 1908, 341, Issue of bonds for municipal lighting pur- poses. 1908,341, way in such town, for the purchase of electricity from such street railway company or companies, for the purpose of furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes; and street railway companies may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after a public hearing, approve the terms thereof as consistent with the public interests. [Approved March 31, 1906. [SECTION 7. A city or town which establishes, pur- chases, reconstructs, extends or enlarges such a plant may, by a vote taken as prescribed in section eight of chapter twenty-seven issue bonds in payment of the same. The whole amount of bonds so issued shall not, at the par value of such bonds, exceed five per cent of the valuation of the town or two and one-half per cent of the valuation of the city, according to the last preceding state valuation. Such bonds shall be payable within thirty years, shall bear interest at a rate not exceeding five per cent and shall not be disposed of for less than par and accrued interest. The indebtedness created by the issue of such bonds shall not be subject to the provisions of chapter twenty-seven, except section twelve thereof.] Section 7. A city or town may, by a vote taken as pre- scribed in section eight of chapter twenty-seven, issue bonds for the purpose of establishing, purchasing, reconstructing, extending or enlarging such a plant. The whole amount of bonds so issued and outstanding at any one time shall not, at the par value thereof, exceed five per cent of the valua- tion of the town or two and one half per cent of the valua- tion of the city, according to the last preceding valuation for the assessment of taxes, of the taxable property therein. In ascertaining the amount of such bonds so outstanding the amount of the sinking fund applicable solely to pay- ment of the bonds shall be deducted. Such bonds shall be payable within thirty years, shall bear interest at a rate not exceeding five per cent per annum, and shall not be disposed of for less than par and accrued interest. The indebtedness created by the issue of such bonds shall not be subject to the provisions of chapter twenty-seven, except section tiuelve thereof. MUNICIPAL LIGHTING PLANTS. 65 Revised Laws, Chapter 27, 5, 8, 9, 12. [SECTION 5. A city or town which establishes, purchases, re- Limit of constructs, extends or enlarges a gas or electric lighting plant Municipal within its limits may incur debt outside the debt limit prescribed in this chapter in payment therefor to an amount not exceeding, \*bstitute in a town, five per cent and, in a city, not exceeding two and 1008,341, one-half per cent of the last preceding state valuation.] Section 5. A city or town may, in the manner and to the extent May incur provided in chapter thirty-four, incur debt outside the debt limit municipal prescribed in this chapter, for the purpose of establishing, pur- I p g 08 l gpu1 chasing, reconstructing, extending or enlarging a gas or electric \ 9 8 ' 341 ' light plant within its limits. SECTION 8. Debts other than those mentioned in the two pre- other debts ceding sections shall be incurred only by a vote of two-thirds of Jhjrd8vote. the voters present and voting at a town meeting, or of two-thirds 8 3 75> 209> of all the members of each branch of the city council, taken by p - s - 29 > 7 - yeas and nays, and subject to the approval or disapproval of the mayor. SECTION 9. A city or town which has incurred a debt within issue of the limitations as to amount and time of payment prescribed by andscrip n this chapter may issue bonds, notes or scrip therefor, properly Jgg^ 269! denominated on the face thereof, signed by its treasurer and, if issued by a city, countersigned by its mayor, or if issued by a town, countersigned by a majority of its selectmen, with interest payable semiannually at such rate as it deems proper, and may sell said bonds, notes or scrip, at not less than par, at public or private sale or may use the same in payment of such debts. SECTION 12. The interest on all debts shall annually be raised by taxation. If a debt is payable at a period exceeding ten years, the city or town shall, and in all other cases may, at the time of funds to be ,1 ,11-1 i n n . i T n established. contracting the same, establish a sinking fund to be used for no ISTS, 209, other purpose than the payment of such debt, and shall annually p. s. 29, 9. raise by taxation and contribute thereto an amount sufficient with 263f A ' its accumulations to extinguish the debt at maturity; and if pay- able at a period not exceeding ten years, the city or town shall raise by taxation annually not less than eight per cent of the principal thereof, and shall set it apart for a sinking fund until an amount has been raised sufficient with its accumulations to extinguish the debt at maturity; and shall, in the year before the maturity of the debt, raise by taxation, any balance necessary for its extinguishment. 66 MUNICIPAL LIGHTING PLANTS. Annual payments. 1893, 454, I 9. 1894, 182. SECTION 8. Instead of issuing the bonds authorized by the preceding section, a city or town may provide for the payment of the debt incurred by it under the provisions of this chapter by such annual payments as will extinguish such debt within thirty years, and may issue bonds, notes or scrip therefor. The amount required for such annual payments shall, without further vote, be annually assessed by the assessors until said debt shall be extinguished, in the same manner as taxes are assessed under the provisions of section thirty-seven of chapter twelve. Annual pay- ments in lieu of sinking fund. 1882, 133, I 1. Amended. 1908,341, II. Revised Laws, Chapter 27, $ 13. SECTION 13. A city or town, instead of establishing a sinking fund, may vote to provide for the payment of any debt by such [annual proportionate] payments as will extinguish the same at maturity, but so that the amount of such annual payment in any year and the whole interest of such debt payable in the same year shall not together be less than the aggregate amount of principal and interest payable in any subsequent ye.ar } and thereupon such annual [proportion] amount shall, without further vote, be as- sessed under the provisions of section thirty-seven of chapter twelve until such debt is extinguished. Disposition to be made of premiums upon munici- pal bonds determined. To be added to sinking fund in certain 3, etc. To be applied to the payment of principal of first bond to mature in certain cases, etc. Acts of 1910, Chapter 379. An Act to Determine the Disposition to be made of Premiums upon Municipal Bonds. SECTION 1. Whenever a city, town, fire district, or water dis- trict shall issue and sell bonds to pay for the construction, pur- chase or extension of water works, sewerage or sewage disposal systems, electric lighting plants, street pavements or other public improvements, or for the refunding of any debt previously con- tracted for any such purpose, any premium received upon such bonds, less the cost of preparing, issuing and marketing them, shall be applied to the payment of the principal of the bonds in the manner prescribed in the following sections. SECTION 2. When a sinking fund has been or is to be estab- lished to pay said bonds at maturity, the premium shall be added forthwith to the sinking fund, and the amount of the annual contribution to be made to the sinking fund shall be reduced correspondingly. SECTION 3. In case no sinking fund is established for the retirement of the bonds, but in lieu thereof certain of the bonds mature and are to be paid at fixed periods, any premium received MUNICIPAL LIGHTING PLANTS. 67 as set forth in section one shall be applied to the payment of the principal of the first bond or bonds so to mature; and the con- tributions from other sources for the payment of said bonds shall be reduced correspondingly. SECTION 4. This act shall take effect upon its passage. [Ap- proved April 8, 1910. Acts of 1910, Chapter 616. An Act Relative to the Form of Notes to be issued by Towns for Money Borrowed. SECTION 1. The director of the bureau of statistics shall fur- Director of nish to the treasurer of every town within the commonwealth a gtatJstfcsTo^ book of forms for the issue of notes for money borrowed by the fJ5JJf B b f k o town. The note shall state the amount thereof, the date of issue, town notes, etc. the interest which it bears, and the date when it will become due for payment, and a record of every note so issued shall be kept by the treasurer of the town in such form as the director of the bureau of statistics may designate. SECTION 2. Whenever a town votes to raise money otherwise issue of notes than by the issue of bonds to be paid for from a sinking fund by towns> etc ' or by the serial method, so-called, the treasurer shall make a note or notes for the amount of the proposed loan, and shall use one or more in serial order of the forms furnished as hereinbefore provided, with the blank spaces properly filled in, and shall sign the same in the space or spaces provided, and a majority of the selectmen shall countersign and approve each note in the pres- ence of the town clerk, who shall certify to the fact on the face of the note and affix thereon the town seal in a space to be provided therefor. The treasurer, after making a record of the transaction in accordance with the provisions of section one, shall forward every such note to the director of the bureau of statistics, together with a copy of said record, and a copy of the vote authorizing the loan, certified by the town clerk, and a certifi- cation by the town clerk that the person whose signature appears upon the note as that of the treasurer was the duly authorized treasurer of the town at the date when such signature was made, and that the persons whose signatures appear upon the note as those of a majority of the selectmen were duly qualified select- men when such signatures were made, and he shall at the same time forward the fee provided for by section four of this act. If upon examination said director finds that the note appears to have been duly issued in accordance with the vote of the town, and to have been signed by the duly qualified officials thereof, as herein , provided, he shall so certify, and the director shall 68 MUNICIPAL LIGHTING PLANTS. Director to be notified of payment, etc. Fee. Penalty. Time of taking effect. thereupon return the note by registered mail to the treasurer of the town. SECTION 3. Whenever any note issued by a town within the commonwealth, whether such note was issued before or after the passage of this act, shall have become due and shall have been paid, the town treasurer shall immediately notify the director of the bureau of statistics of such payment, stating the source from which the money to pay the same was obtained. SECTION 4. The director of the bureau of statistics shall estab- lish a reasonable fee to be charged for every note certified, and shall turn over monthly to the treasurer of the commonwealth all such fees. SECTION 5. A town treasurer who violates any provision of this act shall be liable to a fine of not less than one hundred nor more than five hundred dollars. SECTION 6. This act shall take effect on the first day of Jan- uary in the year nineteen hundred and eleven. [Approved June 10 1910. Enlargement of plant. 1891, 370, 5. Purchase of established plant. 1891, 370, 12. 1893, 454, 5. 1894, 538. 179 Mass. 382. SECTION 9. A city or town which owns such a plant shall not, except by a vote taken in the manner prescribed in section eight of chapter twenty-seven, reconstruct, en- large or extend the same beyond the necessary and ordinary maintenance, repair and replacement thereof, or the pro- vision of increased appliances necessary to distribute gas or electricity to new consumers. SECTION 10. If, when a city or town votes to establish a municipal lighting plant, any. person or corporation en- gaged at the time of the first vote required by sections two and three of this chapter in the business of generating or distributing gas or electricity for sale for lighting pur- poses in such city or town shall elect to sell in the manner hereinafter provided, the city or town shall purchase of him or it such portion of his or its plant and property within the limits of such city or town as is suitable for and is used in connection with such business. Such pur- chase shall be required to include both a gas and electric lighting plant only if a single corporation owns or operates both such plants. If the main gas works or the central electric lighting station lie within the city or town limits, such city or town shall purchase the whole of such plant and the property used in connection therewith, lying within MUNICIPAL LIGHTING PLANTS. 69 such limits, at its fair market value for the purposes of its use ; but no portion of such plant shall be estimated at less than its fair market value for any other purpose, includ- ing, as an element of value, [locations or similar rights Amended. and] the damages, if any, caused by the severance of any 1 os ' * 55 ' portion of such plant lying outside such city or town limits, if they are not purchased by the city or town, and exclud- ing any mortgage or other encumbrance or lien to which such plant or any part thereof may be subject at the time of such purchase. The city or town may require the plant and property to be transferred to it free of any mortgage or lien unless the commissioners appointed under the pro- visions of the following section otherwise determine. Such value shall be estimated without enhancement on account of future earning capacity or good will or of exclusive privileges derived from rights in the public streets. If the main gas works or central electric lighting station of such plant lie without the city or town limits, the city or town shall purchase only that portion of the plant or property within its limits, estimating its value as above provided, but without allowance of damages on account of severance of plant. No city or town shall be required to buy any apparatus or appliances which are covered by letters patent of the United States or embody a patentable invention unless a complete right to use the same and all other appa- ratus or appliances necessary for its use, to such extent as such city or town shall reasonably require, shall be as- signed or granted to it at a cost as low as it would be to the person or corporation whose plant is purchased. N"o city or town shall be required to buy any property un- necessarily added to a plant after the passage of its first vote under the provisions of sections two or three, nor any property except such as would be suitable for the ordinary business of the vendor. If any property or plant which the city or town would be entitled or required' to buy would not be available to it if purchased, by reason of liens, interests of third parties, private contracts or other causes whereby the city or town would be at a greater disadvan- tage in its use than the vendor, it may be released from buying the same, or it may be allowed an equitable dis- count from the purchase price as the commissioners pro- vided for in the following section determine. 70 MUNICIPAL LIGHTING PLANTS. Enforcement of purchase. 1891, 370, 13. 1893, 454, 161 Mass. 432. 163 Mass. 346. Repealed. 1905,410, *. Plants for the manufac- ture or dis- tribution of gas or elec- tricity may be conveyed to cities or towns, etc. 1905,410, [SECTION 11. Any person, or corporation who desires to enforce the obligation of a city or town under the pro- visions of the preceding section to purchase any property shall, within thirty days after the passage of the final vote of such city or town to establish a plant, file with its clerk a detailed schedule of the property and a statement of the proposed terras of sale. If the parties fail to agree as to what property shall be sold, or as to the terms of sale and delivery, either party may, within sixty days after the filing of the schedule, apply by petition to the supreme judicial court which, after a hearing, shall appoint one or more commissioners who shall determine what property, real or personal, including rights and easements, shall be sold by the one and purchased by the other, and what the price, time and other conditions of the sale and delivery thereof shall be. Such commissioners shall file their re- port in the supreme judicial court for revision or con- firmation. No commissioner shall be appointed until the expiration of sixty days after the filing of the schedule named in section fifteen unless the vote authorized by section sixteen has been passed, or unless it appears that the person or corporation filing the schedule owns no plant in an adjoining city or town which may be the subject of adjudication.] Section 11. The owner of any plant for the manu- facture or distribution of gas or electricity for light, heat or power in the city or town, who desires to sell the same under the provisions of this chapter, shall within sixty days after the passage of the final vote of the city or town required by section three of this chapter, file with the clerk of the city or town a good and sufficient convey- ance duly executed of such parts of his plant as defined in section ten of this chapter as he desires to sell, together with a detailed schedule of the plant included in the con- veyance and a statement of the price which he is willing to accept in payment for the same. Upon the filing of this conveyance the property thereby conveyed shall vest in the city or town, which shall be entitled to the immediate pos- session and use of the property conveyed; and the owner shall surrender possession of the same upon request. A city by vote of the city council, and a town by vote of the selectmen, may agree with the owner upon the price to be paid for the plant conveyed; but said agreement as to price shall not be binding in towns until ratified by a majority MUNICIPAL LIGHTING PLANTS. 71 vote at a town meeting called for action thereon; but if the city or town does not agree with the owner as to such price, or notifies him within thirty days after the filing of the conveyance that it is dissatisfied with the contents thereof, either as including property which ought not to have been included or as not including property which ought to have been included, either party may, within sixty days after the filing of the conveyance, apply to the supreme judicial court for the county in which the city or town is situated for the appointment of commissioners to determine what property ought to have been included in the conveyance and the value thereof. The court upon hearing and upon proof that the foregoing conditions have been complied ivith shall appoint one or more commissioners who shall hear the parties and determine, in accordance with the, rules laid down in section ten of this chapter, the value of the property conveyed, and, if the sufficiency of the con- veyance in this regard is disputed, what property ought to have been conveyed by the owner to the city or town and the value thereof. The commissioners shall file a re- port of their determination; and, if either party is ag- grieved by said determination, it may within thirty days after the filing thereof file objections thereto. The court shall thereupon have jurisdiction to determine the ques- tions raised by the petition and objections; and may re- commit the report for further action by the commissioners, or otherwise determine the matter as in proceedings in equity. The reasonable charges of the commissioners for their services shall be paid one half by each party, which, together with the expense of the litigation, if any, arising under this section, may be reckoned as part of the indebt- edness for which bonds may be issued under section seven of this chapter. [SECTION 12. A party aggrieved by the award of the Appeal from commissioners may, within fourteen days after it has been is^i, 370, filed or within such further time as the court may allow, Repealed. file objections to matters of fact or law therein, and there- I 5 ' 410 ' upon the court, after notice to all parties interested, shall have jurisdiction in equity to hear and determine the same.] Section 12. Any property conveyed which, according JJ^^J P JJ P " to the final decree of the court, ought not to have been conveyed or conveyed, shall forthwith be reconveyed by the city or r e tc ni town to the owner without liability to account for the 72 MUNICIPAL LIGHTING PLANTS. Purchase of property of plant in ad- joining city or town. 1893, 454, 1. light, etc., to adjoining place. 1893, 454, 2. Enforcement of obligation of purchase. 1893, 454, 3. mesne profits thereof or to pay interest on the value thereof; and any property which, according to said decree, ought to have been but was not included in the conveyance, shall forthwith be conveyed by the owner to the city or town. The city or town shall pay the owner the value, determined as provided in section ten of this chapter, of the property conveyed or, if the sufficiency of the conveyance in this regard is disputed, the value of the property which ought to have been conveyed, with interest from the date of the conveyance or, if any additional conveyance is required by the decree from the dates of the several conveyances. SECTION 13. If a city or town purchases a gas or elec- tric lighting plant having mains, poles, wires or other dis- tributing apparatus in an adjoining city or town in which there is no private gas or electric lighting company, it may also purchase such mains, poles, wires or other distribut- ing apparatus therein, subject to the provisions of the three preceding sections. SECTION 14. A city or town which has acquired, as hereinbefore provided, mains, poles, wires or other dis- tributing apparatus in an adjoining city or town may thereafter manufacture, sell and distribute gas or elec- tricity to said adjoining city or town or to its inhabitants, and shall thereafter have therein the same rights and fran- chises and be subject to the same limitations and obliga- tions as the person or corporation from whom such out- lying plant was purchased would have had or to which he or it would have been subject had such purchase not been made. If the adjoining city or town shall itself establish a gas or electric lighting plant, it shall, under the provi- sions of sections ten, eleven and twelve, purchase the plant and property within its limits owned by the other city or town, which, within thirty days after demand filed with its clerk, shall file with the clerk of the purchasing city or town the schedule required by section eleven, and shall sell the same; and thereupon its right to maintain a gas or electric lighting plant or to sell gas or electricity within the limits of the purchasing city or town shall cease as to the plant sold. SECTION 15. After the first of the two votes required by sections two and three shall have been passed in a city or town, any person or corporation who owns a gas or elec- MUNICIPAL LIGHTING PLANTS. 73 trie lighting plant therein and desires to preserve the right to enforce the obligation of such city or town to purchase his or its plant shall, within thirty days after a written request therefor by the mayor, authorized by the city coun- cil, or by the selectmen, file with the city or town clerk a detailed statement of all the property and plant which he or it proposes to sell to such city or town, if it votes to establish a plant, and the proposed terms of sale. If any part of the plant or property which the city or town would have the right to buy lies in an adjoining city or town, a separate schedule and the proposed terms of sale thereof shall be filed ; and all the property named in such schedule, or used in connection therewith shall at all reasonable times thereafter be open to the examination of the mayor, of any committee of the city council selected by him and of any experts necessary to determine the value thereof, or to the examination of the selectmen and of any such experts selected by them. The reasonable expenses of such sched- ule or of such examination or inspection shall be paid by the city or town requesting the same. SECTION 16. Said city or town may, at any time within Vote of sixty days after the filing of such schedule, by vote of its effect. an city council or of the voters of the town, determine that 8 4 93> 4o4> such purchase shall include the property in an adjoining city or town, and thereupon it shall be under the same ob- ligations and have the same rights as to the purchase of such outlying property as if it were within its limits ; but such vote shall not prejudice the right of the city or town voting to resist its obligation to purchase the same for any reason except that such property is not within its limits. If such vote is not taken within said sixty days, the right of such city or town to buy the outlying property shall cease. SECTION 17. If a city or town acquires a gas or electric Termination lighting plant, the right of any person or corporation from rights. r whom such plant was acquired to manufacture and dis- iTs!' 37 ' tribute gas or electricity within its limits shall cease. [SECTION 18. A city or town which acquires a plant Purchase of / 1 -i . .-I . i /. ,. 7, as > etc., y for the distribution, but not for the manufacture, of gas city or town. ,..,,,.,. , 1893,454, or electricity for lighting purposes, may purchase gas or s. electricity from an adjoining city or town or from any wbSttute. corporation manufacturing it] 1900,173. 74 MUNICIPAL LIGHTING PLANTS. Gas and elec- tricitv rnav be purchased by certain cities and towns. Repeal. Municipal light board in towns. 1893, 454, 10. Manager of municipal lighting. 1891, 370, 8. 1893, 454, 10. 196 Mass. 43. Repealed. 1905,410, 3. Acts of 1909, Chapter 173. An Act relative to the Purchase of Gas and Electricity by Certain Cities and Towns. SECTION 1. A city or town which has acquired a plant for the manufacture or distribution of gas may purchase gas from another city or town or from any corporation manufacturing gas; and a city or town which has acquired a plant for the man- ufacture or distribution of electricity may purchase electricity from another city or town or from any corporation manufac- turing electricity. SECTION 2. Section eighteen of chapter thirty-four of the Re- vised Laws is hereby repealed. SECTION 3. This act shall take effect upon its passage. [Ap- proved March 16, 1909. SECTION 19. A town which has established or votes to establish a gas or electric lighting plant may elect a munic- ipal light board consisting of three citizens of the town, one of whom shall be chosen for one year, one for two years, and one for three years, and at each annual meeting thereafter one for a term of three years, who shall have authority to construct, purchase or lease a gas or electric lighting plant in accordance with the vote of the town and to maintain and operate the same. [SECTION 20. The mayor of a city or the selectmen, or municipal light board if any, of a town which acquires a gas or electric lighting plant shall appoint a manager of municipal lighting who shall, subject to any ordinance or by-law, be entrusted with the operation and management of such plant, the manufacture and distribution of gas or electricity, the purchase of supplies, the employment of agents and servants, with the method, time, price, quantity and quality of the supply, the collection and payment of bills, the keeping of accounts and custody of money re- ceived for gas or electricity or otherwise. His compensa- tion shall be annually fixed, in cities, by the city council and, in towns, by the selectmen or municipal light board, and, before entering upon the performance of his official duties, he shall give bond to the city or town for the faith- ful performance thereof in a sum and form and with sureties to the satisfaction of the mayor, selectmen or mu- nicipal light board, and shall, at the end of each municipal MUNICIPAL LIGHTING PLANTS. 75 year, render to them such detailed statement of his doings and of the business and financial matters in his charge as the board of gas and electric light commissioners may pre- scribe. He shall also at any time, when required by the mayor, selectmen or municipal light board, make a state- ment of his doings, business, receipts, disbursements, bal- ances, and of the indebtedness of the city or town in his department.] Section 20. The mayor of a city or the selectmen., or Manager of municipal light board, if any, of a town which acquires a gas or electric lighting plant shall appoint a manager of municipal lighting who shall, under the direction and control of the mayor, selectmen or municipal light board, if any, and subject to the provisions of this chapter, have full charge of the operation and management of the plant, the manufacture and distribution of gas or electricity, the purchase of supplies, the employment of agents and ser- vants, the method, time, price, quantity and quality of the supply, the collection of bills, and the keeping of ac- counts. His compensation and term of office shall be fixed in cities by the city council and in towns by the selectmen office, duties, or municipal light board, if any; and, before entering upon the performance of his official duties, he shall give bond to the city or town for the faithful performance thereof in a sum and form and with sureties to the satisfaction of the mayor, selectmen or municipal light board, if any, and shall, at the end of each municipal year, render to them such detailed statement of his doings and of the business and financial matters in his charge as the board of gas and electric light commissioners may prescribe. All moneys payable to or received by the city, town, manager or board in connection with the operation of the plant, for the sale of gas or electricity or otherwise, shall be paid over to the city or town treasurer. All bills chargeable to the plant or the appropriations therefor shall be paid by the treasurer on requisition by the manager or municipal light board, if any. The manager shall at any time, when required by the mayor, selectmen, municipal light board, if any, or board of gas and electric light commissioners, make a statement to such officers of his doings, business, receipts, disburse- ments, balances, and of the indebtedness of the city or town in his department. 76 MUNICIPAL LIGHTING PLANTS. Running ex- penses to be included in appropria- tions. 1891, 370, 4, 8. Repealed. 1905, 410, 4. Manager to furnish estimate of income and expenses an- nually, etc. 1905,410, 4. Amended. 1906,411. Excess of expense to be included in annual appro- priations for maintenance and in tax levy, etc. [SECTION 21. The gross expenses of running such plant and supplying gas or electric light, including the interest on bonds and the requirements of the sinking fund, shall be included by such city or town in its appropriations, and, in order to pay the operating expenses thereof, it may bor- row money in accordance with section six of chapter twenty-seven. All receipts from the sale of gas or elec- tricity by the manager of municipal lighting or otherwise shall be paid over to the city or town treasurer.] Section 21. Prior to the beginning of each fiscal year the manager of the plant shall furnish to the mayor, selectmen or municipal light board, if any, an estimate of the income from sales of gas and electricity to private consumers during the ensuing fiscal year and of the ex- pense of the plant during said year, meaning the gross expenses of operation,, maintenance and repair, the inter- est on the bonds, notes or scrip issued to pay for the plant, an amount for depreciation equal to [five'] three per cent of the cost of the plant exclusive of land and any water power appurtenant thereto, or such smaller or larger amount as the board of gas and electric light commission- ers may approve, the requirements of the sinking fund or debt incurred for the plant, and the loss, if any, in the operation of the plant during the preceding year. The excess of the expense thus defined and estimated over the estimated income from sales to private consum- ers shall be included by the city or town in its annual appropriations for maintenance and in the tax levy. By cost of the plant is intended the total amount expended on the plant to the beginning of the fiscal year, for any pur- pose for which bonds, notes or scrip may be issued under sections seven and eight of this chapter. By loss in opera- tion is intended the difference between the actual income from private consumers plus the appropriations for mainte- nance for the preceding fiscal year and the actual expense of the plant, reckoned as above, for that year in case such expense exceeded the amount of such income and appro- priation. The income from sales and the money appropri- ated as aforesaid shall be used to pay the annual expense of the plant, defined as above, for the fiscal year, except that no part of the sum therein included for depreciation shall be used for other purpose than renewals, in excess of ordinary repairs, extensions, reconstruction, enlargements MUNICIPAL LIGHTING PLANTS. 77 and additions. The surplus, if any, of said annual allow- Depredation fund to be ances for depreciation after making the above payments kept, etc. 7 77 ill i * J J J 7 See also shall be kept as a separate fund and used for renewals, 1903,486. other than ordinary repairs, extensions, reconstruction, en- largements and additions in succeeding years; and no debt shall be incurred under sections seven and eight of this chapter for any extension, reconstruction or enlargements of the plant in excess of the amount needed for the purpose in addition to the amount then on hand in said deprecia- tion fund. Said depreciation fund shall be kept and man- aged by the city or town treasurer as a separate fund, sub- ject to appropriation by the city council or selectmen, or municipal light board, if any, for the foregoing purpose. All appropriations for the plant shall be either for the Appropria- annual expense defined as above, or for extensions, recon- struction, enlargements or additions; and no appropria- tion shall be used for any purpose other than that stated in the vote making the same. No bonds, notes or scrip shall be issued by a city or town for the annual expenses as defined in this section. Acts of 1908, Chapter 486. An Act relative to the Uses of the Depreciation Funds of Municipal Gas and Electric Light Plants. SECTION 1. In addition to the purposes to which the deprecia- use of tion fund of a municipal gas or electric light plant may be devoted according- to the provisions of section twenty-one of chapter thirty-four of the Revised Laws, as amended by section four of ^gj 1 * P lants chapter four hundred and ten of the acts of the year nineteen hundred and five, and as further amended by chapter four hun- dred and eleven of the acts of the year nineteen hundred and six, so much of said fund as the board of gas and electric light commissioners may from time to -time approve may be used to pay notes, bonds or scrip issued to pay for the cost of recon- struction or renewals in excess of ordinary repairs of a municipal gas or electric light plant, when such notes, bonds or scrip be- come due. SECTION 2. This act shall take effect upon its passage. [Ap- proved May 5, 1908. SECTION 22. There shall be a fixed price for gas and Regulation electricity, which shall not be changed oftener than once gas, etc. in three months. Any change shall take effect on the first 10.' 78 MUNICIPAL LIGHTING PLANTS. Certification of notice of change, etc., of price. 1892, 259, 3,4. Appeal. 1891, 370, 7. 1894, 533. Assessment upon con- sumers of cost of installation. 1891, 370, day of a month, and shall first be advertised in a news- paper, if any, published in such city or town. The price shall not, except with the written consent of the board of gas and electric light commissioners, be fixed at less than cost, in which shall be included all operating expenses, in- terest on the net investment in the plant, less assessments collected under section twenty-five at the rate paid upon the bonds above provided for, the requirements of the sink- ing fund established to meet such bonds, and also depre- ciation of the plant, to be reckoned at not less than five per cent per annum of its cost, and losses ; but any losses exceeding three per cent of the investment in the plant may be charged in different years at not more than three per cent per annum. Such price shall not be greater than shall allow, above such cost, a profit of eight per cent per annum to the city or town upon its net investment. The gas and electricity used by the city or town shall be charged to it at cost. A sufficient deposit to secure the payment for gas or electricity for three months may be required in advance from any consumer, and the supply may be shut off from any premises until all arrears for gas or elec- tricity furnished thereon to such consumer shall have been paid. After three months' default in the payment of such arrears, all appliances for distribution belonging to such city or town on the premises may be removed and shall not be restored except on payment of all such arrears and the expenses of removal and restoration. SECTION 23. When a city or town fixes or changes such price, the manager of municipal lighting shall send a certi- fied copy of the notice thereof to the board of gas and electric light commissioners, and for a failure or neglect so to do shall, for each offence, forfeit not more than twenty-five dollars. SECTION 24. A city or town shall not be compelled to furnish gas or electricity to any person or corporation ex- cept upon the order of the board of gas and electric light commissioners, to whom any person or corporation ag- grieved by the refusal of a city or town to furnish gas or electricity may appeal, stating the facts in such detail as the board directs. SECTION 25. A city or town which acquires such a plant may provide by ordinance or by-laws for the equi- table assessment upon the owner or occupant of any prem- MUNICIPAL LIGHTING PLANTS. 79 ises of the cost, or any part thereof, of laying and main- taining pipes, conduits, conductors or other appliances thereon. Payment of such assessments shall not be com- pulsory, but it shall be a condition precedent to the supply of gas or electricity to the occupants of such premises, and may be required before providing appliances therefor. SECTION 26. A city or town which operates such a Ordinances , ,. ^ in . L . .,. or by-laws. plant may pass ordinances or by-laws, imposing penalties ISQI, 370, not exceeding fifty dollars, to protect the plant, control its use and prevent accidents from gas or electricity supplied by it, and to govern consumers in their use thereof. [SECTION 27. A city or town which manufactures or Records, sells gas or electricity for lighting shall keep records of its ISQI.^?' work and doings at its manufacturing station, and in re- i8 9 96, 356, spect to its distributing plant, as required by the board of jj5Jii. gas and electric light commissioners. The books, accounts ^5,410, and returns shall be made and kept, in a form prescribed by said board, and the accounts shall be closed on the thir- tieth day of June annually and a balance sheet of that date shall be taken therefrom and included in the return of said board. The mayor or selectmen, or municipal light board if any, shall annually, on or before the second Wednesday of September, make a return to said board, for the year ending on the thirtieth day of June, signed and sworn to by the mayor or a majority of the selectmen or municipal light board if any, and by the manager, stating the finan- cial condition of said business, the amount of indebtedness both authorized and existing on account thereof, a state- ment of income and expenses in such detail as the board may require, and a list of its salaried officers and the salary paid to each. The mayor, the selectmen or the municipal light board may direct any additional returns to be made at such time and in such detail as they may order. The mayor, selectmen or municipal light board and manager shall, at any time, on request, submit said books and accounts to the inspection of said board, and furnish any statement or information required by it rela- tive to the condition, management and operation of said business.] Section 27. A city or town which manufactures or sells Records to gas or electricity for lighting shall keep records of its work 1908,410,' and doings at its manufacturing station, and in respect to 5 ' its distributing plant, as required ~by the board of gas and 80 MUNICIPAL LIGHTING PLANTS. Return to be made to gas and electric light com- missioners annually, etc. Books and accounts to be submitted to inspection of gas and elec- tric light commissioners on request, etc. electric light commissioners. It shall install and main- tain apparatus, satisfactory to said board, for the measure- ment and recording of the output of gas and electricity, and shall sell the same by meter to private consumers when required by said board; and if required by said board shall measure all gas or electricity consumed by the city or town. The books, accounts and returns shall be made and kept, in a form prescribed by said board, and the accounts shall be closed on the thirtieth day of June annually and a balance sheet of that date shall be taken therefrom and included in the return of said board. The mayor or select- men, or municipal light board, if any, shall annually, on or before the second Wednesday of September, make re- turn to said boa,rd, for the year ending on the thirtieth day of June, signed and sworn to by the mayor or a majority of the selectmen or municipal light board, if any, and by the manager, stating the financial condition of said busi- ness, the amount of authorized and existing indebtedness, a statement of income and expenses in such detail as the board may require, and a list of its salaried officers and the salary paid to each. The mayor, the selectmen or the mu- nicipal light board may direct any additional returns to be made at such lime and in such detail as they may order. The mayor, selectmen or municipal light board and man- ager shall, at any time, on request, submit said books and accounts to the inspection of said board, and furnish any statement or information required by it relative to the con- dition, management and operation of said business. The board of gas and electric light commissioners shall, in its annual report, describe the operation of the several munic- ipal plants with such detail as may be necessary to disclose the financial condition and results of each plant; and shall state what cities or towns, if any, operating a plant have failed to comply with the provisions of this chapter, and what, if any, are selling gas or electricity with the approval of the board at less than cost. Appointment of town accountants, etc. Acts of 1910, Chapter 624. An Act to authorize the Appointment of Town Accountants, and prescribing their Duties SECTION 1. Any town, at a town meeting lawfully called for the purpose, may authorize the selectmen to appoint a town ac- countant and he shall perform all of the duties and possess all of MUNICIPAL LIGHTING PLANTS. 81 the powers of town auditors as defined in sections seventy-nine and eighty of chapter twenty-five of the Revised Laws and chapter three hundred and twenty-two of the acts of the year nineteen hundred and four. In towns authorizing the appointment of a town accountant as aforesaid the office of town auditor may, if the town so vote, be abolished. The appointment of the town accountant shall be subject to the provisions of chapter nineteen of the Revised Laws and the rules thereunder, provided that said chapter has been accepted by said town. The town accountant shall be sworn to the faithful performance of his duties, shall hold no other town office involving the receipt or disbursement of money, shall receive such salary as the town shall vote and shall hold office for three years and until his successor has been appointed and has qualified. SECTION 2. The selectmen and all boards, committees, heads Bills to be of departments and officials authorized to expend money shall monthly to the approve and transmit to the town accountant as often as once anT, n etc. COl] each month all bills, drafts and orders chargeable to the respective appropriations of which they have the expenditure. The town accountant shall examine all such bills, drafts or orders, and if found correct and approved as provided for above shall draw a warrant upon the treasurer for the payment of the same; but such warrant shall only be valid when signed by the official or a majority of the board or committee authorized to make the ex- penditure. The treasurer shall pay no money from the treasury except upon a warrant so signed. SECTION 3. The town accountant shall keep a complete set of Books to be books wherein shall be entered the amount of each specific appro- priation, the amounts and purposes of expenditures made there- from, the receipts from each source of income, the amount of each assessment levied, and the abatements made; and he shall keep his accounts, so far as practicable, in conformity with the classi- fications and forms prescribed by the bureau of statistics of the commonwealth in accordance with the provisions of chapter three hundred and seventy-one of the acts of the year nineteen hundred and nine. The town accountant shall have custody of all con- tracts of the town, shall keep a register of the sureties on all bonds of indemnity given to the town, shall keep a detailed record of the town debt which shall show the purpose for which the same was issued, when issued, when due, the rate of interest and the provisions made for the payment of the debt. SECTION 4. Whenever any appropriation shall have been ex- Notice to be pended or whenever, in the judgment of the town accountant, it 82 MUNICIPAL LIGHTING PLANTS. when liabilities are in excess of unexpended balance, etc. List of all unpaid bills to be furnished to the town accountant, etc. Detailed esti- mates to be furnished to the town accountant, etc. Separate statement to be furnished for payment of interest. appears that the liabilities incurred against any appropriation may be in excess of the unexpended balance of said appropriation, he shall immediately give notice to the selectmen and to the board, committee, head of department, or official authorized to make ex- penditures from said appropriation, and no claim against such appropriation shall be allowed nor any further liability be in- curred until the town makes provision for the payment of the same. The town accountant shall, at regular intervals and as often at least as once each month, send to the selectmen and to each board, committee, head of department or official having the disbursement of an appropriation, a statement of the amount of orders approved and warrants drawn on behalf of said board, department or official during the preceding month, and a state- ment of the balance of such appropriation remaining subject to draft. Each head of a department, board or committee author- ized to expend money shall furnish the town accountant, at the close of the fiscal year, a list of all bills remaining unpaid, show- ing to whom the same are due, for what due, and the amounts; and the town accountant shall incorporate the same in his an- nual report covering the financial transactions of the town, as pro- vided by section seven of this act. SECTION 5. The selectmen and all boards, committees, heads of departments or other town officials authorized by law to ex- pend money shall furnish to the town accountant, not less than ten days before the end of the town financial year, detailed estimates of the amounts necessary for the proper maintenance of the department under their jurisdiction for the ensuing year, with explanatory statements as to any changes from the amounts appropriated for the same purposes in the preceding year; and an estimate of amounts necessary for outlays or permanent im- provements. They shall also prepare estimates of any income likely to be received by the town during the ensuing year in con- nection with the town's business or property entrusted to their care. The selectmen shall include in their estimates the salaries and expenses connected with their own office, and the salaries of all other town officers shall be included in the estimates for the office, department or branch of the public service committed to their charge. The treasurer shall, in addition to his estimate of the amount required for the maintenance of his own office, pre- pare a separate statement indicating the amounts required for the payment of interest on the town debt and for the 'payment of such portions of the town debt as may become due during the succeeding year. MUNICIPAL LIGHTING PLANTS. 83 SECTION 6. The town accountant shall immediately upon the Tabulated close of the fiscal year compile statements in tabulated form so as to show the amounts appropriated and the amounts expended from each appropriation during the preceding year, and the ? r eg e for?he" estimates for the current year, and shall forthwith furnish a ^ c r e ^ t g copy of the same to the selectmen, who shall, after due consider- ation, designate the amounts which in their opinion should be appropriated for the ensuing year, and shall accompany the same with such explanations and suggestions in relation to proposed appropriations as they may deem desirable for the proper in- formation of the citizens. The selectmen shall cause this docu- ment to be printed and to be distributed in advance of or at the annual town meeting, and the town clerk shall transmit a copy of the same and of all town reports to the director of the bureau of statistics. SECTION 7. The town accountant shall make an annual report, Annual report. which shall be published as a town document, giving a state- ment of all receipts and expenditures of the town for the past financial year, including those of funds managed by trustees or commissioners for the town and showing also the amount of each specific appropriation, the expenditures therefrom, and the purpose for which money has been spent; and said statement shall be arranged in accordance with the classifications prescribed by the bureau of statistics. His report shall also contain a state- ment of any change in the amount of the town debt during the year, together with a list of all indebtedness incurred and not paid up to the end of the fiscal year. SECTION 8. All acts and parts of acts inconsistent herewith Repeal. are hereby repealed. SECTION 9. This act shall take effect upon its passage. [Ap- proved June 14, 1910. SECTION 28. A city or town which owns or operates a Liability for gas or electric lighting plant shall be liable for any injury damaje* or damage to persons or property caused by its mainte- 8 i 9 6 *' 370 ' nance or operation, in the same manner and to the same 185Mass - 215 - extent as a private corporation; but it shall not be liable ' . for damages caused by competition with an existing gas or electric lighting plant therein. [SECTION 29. The provisions of sections four, five, six, Application of twenty-three and twenty-seven, relative to books, accounts 1392,259^5. and returns, shall apply to a city or town authorized by wib, e. 84 MUNICIPAL LIGHTING PLANTS. To apply to certain cities and towns, etc. 1905,410, 6. Application of general laws, and ordinances or by-laws. 1891, 370, 17. [1 Op. A. G. 550.] Revocation of locations regulated. 1891, 370, 18. 161 Mass. 432. Enforcement of provisions. (New section.) 1905,410, 7. special act to construct, purchase, lease, establish or main- tain a gas or electric lighting plant.] Section 29. A city or town authorized by special act to construct, purchase, lease, establish or maintain a gas or electric lighting plant shall be subject to the provisions of this chapter and to any amendments thereof or additions thereto, so far as the same may be applicable. SECTION 30. All general laws, and all ordinances or by-laws of any city or town acting under the provisions of this chapter, relative to the manufacture, use or distribu- tion of gas or electricity, or to the quality thereof, or to the plant or the appliances therefor, shall apply to such city or town, in the same manner as to persons, so far as applicable and consistent with the provisions of this chapter. SECTION 31. No city or town having within its limits the main gas works or the central electric lighting station, or the major portion of the wires, poles, conduits or pipes used in connection with any such works or plants, shall, except for a violation of the terms or conditions upon which the same were granted or for a violation of law respecting the exercise thereof, revoke any rights granted to any per- son or corporation engaged in the business of manufactur- ing or distributing gas or electricity for sale for lighting purposes, after the introduction of the first vote authoriz- ing the establishment of a municipal lighting plant in a city council under the provisions of section two or after the calling of a town meeting under a warrant including an article on the passage of such vote, until the proceed- ings so begun have been finally determined by granting or denying authority to establish such plant. After the pas- sage and ratification of both votes required by sections two or three, no city or town, except as hereinbefore provided, shall revoke any rights, locations or licenses granted to any such person or corporation. Section 32. In addition to the jurisdiction conferred by section eleven of this chapter on the supreme judicial court for the county in which the city or town is situated, said court shall have jurisdiction on petition af the board of gas and electric light commissioners or of twenty taxable in- habitants of the city or town to compel the fixing of prices by the city or town in accordance with the provisions of MUNICIPAL LIGHTING PLANTS. 85 sections twenty-one and twenty-two of this chapter, to pre- vent any city or town from purchasing or operating a gas or electric plant in violation of any of the provisions of this chapter, and generally to enforce compliance with the terms and provisions thereof. Acts of 1909, Chapter 514, 20, 21, 22, 23, 37, 38, 39, 40, 41, 42, 43. SECTION 20. Every employee in public work shall lodge, Right of board and trade where and with whom he elects, and no person or his agents or employees under contract with the commonwealth, lodging! etc. a municipal corporation or a county, or with a board, commission ?jk- 106> or officer acting therefor, for the doing of public work shall, directly or indirectly, require, as a condition of employment therein, that the employee shall lodge, board or trade at a par- ticular place or with a particular person. The provisions of this section shall be made a part of the contract for such employment, and whoever violates the provisions thereof shall be punished by a fine of not more than one hundred dollars for each offence. SECTION 21. In the employment of mechanics and laborers in Preference the construction of public works by the commonwealth, or by a chanicsand county, city or town, or by persons contracting therewith, prefer- R. ence shall be given to citizens of the commonwealth, and, if they cannot be obtained in sufficient numbers, then to citizens of the United States; and every contract for such works shall contain a provision to this effect. Any contractor who knowingly and wilfully violates the provisions of this section shall be punished by a fine of not more than one hundred dollars for each offence. SECTION 22. A person to whom a debt is due for labor which Actions has been performed in constructing a building, sewer or drain, towns for or water works or other public works, owned by a city or town, R. L/25, under a contract with any person having authority from or right- 57 ' fully acting for such city or town in furnishing such labor, shall have a right of action against such city or town to recover such debt if, within thirty days after he ceases to perform such labor, he files in the clerk's office of the city or town against which he claims such right of action a written statement, under oath, of the amount of the debt so due to him, and the names of the persons for whom and by whose employment the labor was performed, and if, within sixty days after he ceases to perform such labor, he commences such action. Such right of action shall not be lost by reason of a mistake in stating the amount due; but the claim- ant shall not recover as damages a larger amount than is named 86 MUNICIPAL LIGHTING PLANTS. Security for payment of labor on pub- lic works. 1904, 349. Hours of labor for public employees. R. L. 106, 19. 1906, 517, 1907, 269, 1; 570. Public con- tracts to stipulate hours of labor. R. L. 106, 21. 1906, 517, 2. 1907, 269, 2. in said statement as due to him, with interest. No person who has contracted to furnish labor other than his own in such con- struction shall have such right of action. SECTION 23. Officers or agents who contract in behalf of any county, city or town for the construction or repair of public build- ings or other public works shall obtain sufficient security, by bond or otherwise, for payment by the contractor and sub-contractors for labor performed or furnished and for materials used in such construction or repair; but in order to obtain the benefit of such security the claimant shall file with such officers or agents a sworn statement of his claim within sixty days after the completion of the work. HOURS OF LABOR. SECTION 37. Eight hours shall constitute a day's work for all laborers, workmen and mechanics now or hereafter employed by or on behalf of the commonwealth, or of any county therein, or of any city or town which, prior to the twenty-eighth day of June in the year nineteen hundred and seven had accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws. No laborer, workman or mechanic so employed shall be requested or required to work more than eight hours in any one calendar day or more than forty-eight hours in any one week except in cases of extraordinary emergency. Only a case of danger to property, to life, to public safety or to public health shall be considered a case of extraordinary emergency within the meaning of this section. Threat of loss of employment or threat to obstruct or prevent the obtaining of employment, or threat to refrain from employing in the future shall be considered requir- ing, within the meaning of this section. Engineers shall be con- sidered mechanics within the meaning of this section. But in cases where a weekly half -holiday is given, the hours of labor upon the other working days of the week may be increased suffi- ciently to make a total of forty-eight hours for the week's work. SECTION 38. Every contract, except contracts for the purchase of material or supplies, to which the commonwealth, or any county therein, or any city or town which has accepted the pro- visions of section twenty of chapter one hundred and six of the Revised Laws, or may accept the provisions of section forty-two of this act, is a party, which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic working within this common- wealth in the employ of the contractor, sub-contractor or other MUNICIPAL LIGHTING PLANTS. 87 person doing or contracting to do the whole or a part of the work contemplated by the contract shall be requested or re- quired to work more than eight hours in any one calendar day and every such contract which does not contain this stipulation shall be null and void. SECTION 39. The two preceding sections shall apply to all Extent of , application laborers, workmen or mechanics engaged upon any works which pftwopreced- are or are intended to be the property of the commonwealth, or of S^e^irl 8 ' any county therein, or of any city or town which has accepted 1907, 570. the provisions of section twenty of chapter one hundred and six of the Revised Laws, or may accept the provisions of section forty-two of this act whether such laborers, workmen or me- chanics are employed by public authority or by a contractor or other private person. They shall not apply to persons employed in any state, county or municipal institution, on the farm, or in the care of the grounds, in the stable, in the domestic or kitchen and dining-room service, or in storerooms and offices. SECTION 40. Any person or contractor or sub-contractor, or Penalty, any agent or person acting on behalf of any contractor or sub- 4. ' contractor, or any agent or official of the commonwealth or of 9 3 07 ' 269 ' any county, city or town who violates any provision of the three preceding sections shall be subject to a penalty of fifty dollars for each offence. SECTION 41. The provisions of the four, preceding sections Application shall not apply to or affect contractors or sub-contractors for cedSTgs^ work, contracts for which were entered into prior to the twenty- VjJoe, 517, second day of June in the year nineteen hundred and six. 5 - SECTION 42. In a city or town which, by a vote taken by bal- Acceptance . V, .by cities, etc., lot at an annual election, accepts the provisions of this section, of eight-hour or, subsequently to the twenty-eighth day of June in the year R. L. 106, nineteen hundred and seven, accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, eight hours shall constitute a day's work for all laborers, work- men and mechanics who are employed by such city or town. If a petition for such vote, signed by one hundred or more registered voters of a city, or twenty-five or more registered voters of a town, is filed with the, city or town clerk, respectively, thirty days or more before an annual election such vote shall be taken at such election. SECTION 43. In a city or town, which has not accepted the Nine hours provisions of sections thirty-seven or forty-two, nine hours shall when. 8 v constitute a day's work for all laborers, workmen and mechanics f'-^' 106 ' who are employed by or on behalf of such city or town. 88 INSPECTION OF GAS AND GAS METERS. Appointment of inspector and assistants. 1861, 168, 1,2. 1880, 230, 1. P. S. 61, 1. 1889, 169. 1900, 459, 1. Oath and bond. 1861, 168, 1,2. 1880, 230, 1. P. S. 61, 1,3. 1889, 169. 1900, 459, 1,3. Repealed. 1902, 228. Inspector and assistant inspectors to be dis- interested. 1861, 168, 2. 1880, 230, 1. P. S. 61, 4. Repealed. 1902, 228. duties of. 1861, 168, 1, 7. 1864, 296. 1880, 230, 1,6. P. S. 61, 5,9. 1885, 314, 15. 1900, 459, 5. Repealed. 1902, 228. CHAPTER 58. OF THE INSPECTION OF GAS AND GAS METERS. [SECTION 1. The governor, with the advice and consent of the council, shall appoint an inspector and two assistant inspectors of gas meters and of illuminating gas, for a term of three years from the date of their respective ap- pointments.] Repealed. 1902,228. [SECTION 2. The inspector and assistant inspectors shall be sworn to the faithful performance of their official duties. The inspector shall give bond to the treasurer and receiver general in the penal sum of five thousand dollars for the faithful performance of the duties of his office, and each assistant inspector shall give like bond in the penal sum of two thousand dollars.] [SECTION 3. The inspector, assistant inspectors or deputy inspectors shall not be pecuniarily interested, di- rectly or indirectly, in the manufacture or sale of illumi- nating gas, gas meters or any article or commodity used by gas light companies or used for any purpose connected with the consumption of gas or with a gas company, and shall not give certificates or written opinions to a maker or vendor of any such article or commodity.] [SECTION 4. The inspector shall have an office in Bos- ton, which he shall provide with such apparatus and chemi- cals as he deems necessary for the proper performance of his official duties. He shall, when required as herein- after provided, inspect, examine, ascertain and prove the accuracy of all gas meters which are to be used for measur- ing the quantity of illuminating gas and are to be fur- nished to or for the use of any person, and shall seal, stamp or mark every such meter,. if found to be correct, with some suitable device, which shall be recorded in the office of the secretary of the commonwealth, and with the inspector's name, the date of his inspection and the num- ber of burners which the meter is calculated to supply. He shall, upon request of the board of gas and electric light commissioners, give to it such information and as- sistance as it may require consistent with the duties of his office, and he shall also annually in January report to the general court the number of meters inspected and sealed during the preceding year, with other information INSPECTION OF GAS AND GAS METERS. 89 which he deems expedient. The assistant inspectors shall, under the direction of the inspector, aid him in perform- ing the duties of his office.] [SECTION 5. If the inspector is unable to attend to his Appointment duties in any city or town, he shall appoint for temporary ^sp^rs. service one or more deputy inspectors of meters for the J|J^ 168> county in which such city or town is situated. Such depu- J^' Ig2 ' ties shall be sworn, shall act under his direction, shall not J^' 6 ^/ 6 - be connected with or employed by any gas company, and 2. ' from their decisions the gas company or the consumer may 1902, 228. appeal to the inspector. For the services of such deputies in examining, comparing and testing meters, with or with- out stamping them, the inspector may collect a fee of twenty-five cents for each meter delivering not more than a cubic foot of gas in four revolutions, vibrations or com- plete repetitions of its action, and for each meter so deliv- ering more than a cubic foot, a fee of thirty cents, with twenty cents added for every additional cubic foot so de- livered. From such fees the inspector shall be allowed annually not more than twenty-five hundred dollars for the compensation of such deputies; and any excess shall be paid into the treasury of the commonwealth by said in- spector quarterly on the first Monday of January, April, July and October of each year.] [SECTION 6. The salary of the inspector shall be salaries and twenty-five hundred dollars a year, and the salary of the isei^ies, first assistant inspector shall be fifteen hundred dollars a l^ 172> year and the salary of the second assistant inspector shall {^ 230 be twelve hundred dollars a year. They shall also be paid , i.'^ ' 2 all actual travelling expenses necessarily incurred by them 18*99, 465, i. in the performance of their official duties. The inspector 2/5. shall be allowed annually not more than sixteen hundred ?/?!, 228. dollars for the payment of the cost of apparatus and office rent and expenses. Said salaries and expenses shall be paid by the commonwealth, but no larger amount shall be so paid than is actually paid into the treasury in the man- ner provided in the following section.] [SECTION 7. The amount of the salaries of the in how paid. spector and of the assistant inspectors and of their trav- 3. ' elling expenses, with any expenses incurred under the p 8 s 8) 6 2 i! 3 7. provisions of sections four and five, less the amount de- 9 4 00> 459> posited with the treasurer and receiver general from the 90 INSPECTION OF GAS AND GAS METERS. Powers and duties of in- spector of gas meters, etc., transferred to gas and electric light commis- sioners. Inspectors, appointment, term, etc. fees for the inspection of meters, shall be annually assessed by the tax commissioners upon, and paid into the treasury of the commonwealth by, the several gas companies in the commonwealth, in proportion to their appraised valuation as declared in the returns required to be made by them to the assessors annually in May ; and if any such company refuses or neglects, for thirty days after written notice given by the treasurer and receiver general, to pay into the treasury the amount required of such company on ac- count of such salaries and expenses, the said treasurer shall, in the name of and for the use of the commonwealth, sue such company for such amount, with interest thereon at the rate of ten per cent per annum from the time when said notice was given, and for the costs of the action. If at any time, however, the amount of fees collected under the provisions of section five shall exceed the amount of the salaries and the travelling expenses and other expenses of the inspector and the assistant inspectors, such excess shall be applied to reduce the annual assessment levied upon the several gas companies for the annual expenses of the board of gas and electric light commissioners under the provisions of chapter one hundred and twenty-one.] Acts of 1902, Chapter 228. An Act to transfer the Powers and Duties of the Inspector of Gas Meters and of Illuminating Gas to the Board of Gas and Electric Light Commissioners. SECTION 1. The powers and duties heretofore conferred and imposed upon the inspector of gas meters and of illuminating gas are hereby conferred and imposed upon the board of gas and elec- tric light commissioners. The care and custody of all property of the Commonwealth in the possession of said inspector are hereby transferred to said board. SECTION 2. Said board shall have under their control an in- spector and one or more assistant inspectors, who shall be ap- pointed by the governor, with the advice and consent of the council, for terms of three years from the dates of their respective appointments, and who shall be sworn to the faithful performance of their official duties. The inspector, assistant inspectors, and the deputy inspectors hereinafter provided for, shall not be pecuniarily interested, directly or indirectly, in the manufacture or sale of illuminating gas, of gas meters, or of any other article or commodity used by gas light companies or used for any pur- INSPECTION OF GAS AND GAS METERS. 91 pose connected with the consumption of gas or with gas com- panies, and shall not give certificates or written opinions to makers or vendors of any such articles or commodities. [SECTION 3. Said inspectors, subject to the rules and regula- Powers and tions prescribed by the board, shall make the inspections of gas sJ&JSewf*. required by section fourteen of chapter fifty-eight of the Revised 9 5 09 ' 483> Laws, and shall inspect, examine, ascertain and prove the accuracy of all gas meters which are used for measuring the quantity of illuminating gas and are to be furnished to or for the use of any person, and shall seal, stamp or mark every such meter, if it be found correct, with some suitable device, which shall be recorded in the office of the secretary of the commonwealth, and with the name of the inspector, the date of the inspection and the number of burners which the meter is intended to supply. They shall also perform such other duties and make such reports of their doings as the board may require.] Section 3. Said inspectors, subject to the rules and regulations Powers and prescribed by the board of gas and electric light commissioners, inspectors, shall make the inspections of gas required by section fourteen of | 9 5 09 ' 483> chapter fifty-eight of the Revised Laws, and shall inspect, examine, ascertain and prove the accuracy of all meters which are to be used for measuring illuminating gas and are to be furnished to or for the use of any consumer or company, and shall seal, stamp or mark every such meter, if it be found correct, with some suitable device which shall be determined by the board and recorded in the office of the secretary of the commonwealth. They shall also perform such other duties and make such reports of their doings as the said board may require. [SECTION 4. If the inspectors at any time are unable fully to Deputy in- perform the duties required of them by this act the board shall appoint for temporary service one or more deputy inspectors of meters, and shall determine their compensation. Any person now in the service of the inspector of gas meters and of illuminating 6. gas may be appointed or employed as such deputy without civil service examination. Such deputies shall be sworn, shall act under the direction of said board, shall not be connected with or em- ployed by any gas company, and from their decisions the gas com- pany or the consumer may appeal to the board.] Section 4. The board may from time to time, if in its opinion Deputy in- such action is necessary, appoint one or more deputy inspectors of meters for such term not exceeding one year and at such com- pensation as the board may determine. Any person now in the 6 - 92 INSPECTION OF GAS AND GAS METERS. Fees. Substitute. 1909,483, 7. See also 1908,469. Affected. 1909, 318. Fees. 1909,488, 7. Compensa- tion of in- spectors, etc. Repeal and substitute. 1907, 54, 2. See also 1908, 536, 2. Substitute. 1909,483, M. Compensa- tion of in- spectors, etc. 1909,483, service of the board as a deputy inspector of meters may be so appointed or employed without civil service examination. Such deputy inspectors of meters shall be sworn, shall act under the direction of said board, shall not be connected with or employed by any gas company, and from their decisions the gas company or the consumer may appeal to the board. [SECTION 5. For examining, comparing and testing meters, with or without stamping them, the board may collect a fee of twenty-five cents for each meter delivering not more than a cubic foot of gas in four revolutions, vibrations or complete repetitions of its action, and for each meter so delivering more than a cubic foot, a fee of thirty cents with twenty cents added for every additional cubic foot so delivered. The board shall designate one of its members to receive said fees, who shall give a bond to the treasurer and receiver general in the penal sum of five thousand dollars. All fees so received shall be paid into the treasury of the Commonwealth quarterly, on the last days of March, June, September and December in each year.] Section 5. For examining, comparing and testing meters, with or without stamping them, the board may collect a fee of twenty- five cents for each meter delivering not more than a cubic foot of gas in four revolutions, vibrations or complete repetitions of its action, and for each meter so delivering more than a cubic foot, a fee of thirty cents with twenty cents added for every additional cubic foot so delivered. For examining, comparing, testing or calibrating meter provers and test or photometer meters, with or without sealing or certifying to the same, the board may collect such fees as it may from time to time establish therefor. The board shall designate one of its members to receive all fees, who shall give a bond to the treasurer and receiver general in the penal sum of five thousand dollars. [SECTION 6. The salary of the inspector shall be twenty-five hundred dollars a year, the salary of the first assistant inspector shall be fifteen hundred dollars a year, and the salary of the sec- ond assistant inspector, if there be one appointed, shall be twelve hundred dollars a year, and the board may expend annually a sum not exceeding five thousand dollars for the compensation of dep- uties and for necessary apparatus, travelling expenses, office rent and expenses, and for other necessary expenses incident to the duties of said inspectors.] Section 6. Except as provided in chapter five hundred and thirty-six of the acts of the year nineteen hundred and eight, the salary of the inspector of gas and gas meters shall be twenty-five INSPECTION OF GAS AND GAS METERS. 93 hundred dollars a year and the board may expend annually for the compensation of assistant inspectors and deputy inspectors of meters and for necessary apparatus, travelling expenses, office rent and expenses, and for other necessary expenses incidental to the duties of said inspectors such sums of money as may from time to time be appropriated therefor by the legislature. (For Acts of 1907, chapter 54, 2, see page 11.) (For Acts of 1908, chapter 536, see page 11.) SECTION 7. The amount of the expenses incurred by the board Payment of under this act, and of salaries paid thereunder, less the amount board, etc. deposited with the treasurer and receiver general from the fees for the inspection of meters, shall be borne by the several gas com- panies in proportion to their gross earnings, and shall be assessed and recovered in the manner provided by section ten of chapter one hundred and eleven of the Revised Laws for the assessment and recovery of the expenses of the railroad commissioners. If at any time however the amount collected under the provisions of section five hereof shall exceed the amount of such salaries and expenses, such excess shall be applied to reduce the annual assess- ment levied upon the several gas companies under the provisions of chapter one hundred and twenty-one of the Revised Laws, for the annual expenses of the board. SECTION 8. Sections one, two, three, four, five, six and seven Repeal, of chapter fifty-eight of the Revised Laws, and so much of section seven of chapter nine thereof as relates to the annual report of the inspector of .gas and gas meters, are hereby repealed. SECTION 9. So much of this act as relates to the appointment When to of the inspector and assistant inspectors shall take effect upon its passage, and the remainder of this act shall take effect as soon as said officers are appointed and qualified. [Approved March 27, 1902. Acts of 1908. Chapter 469. An Act to provide for reimbursing Certain Officials for Premiums paid for procuring Sureties on their Bonds. SECTION 1. When an official who has the custody of property Officials of the commonwealth, or who is charged with the duty of receiv- fdliJefeinv ing or disbursing money, is required to give bond to the common- bursed ' etc - wealth for the faithful discharge of his duty, the commonwealth shall reimburse him for the amount paid by him to a surety com- pany for becoming surety on his official bond. SECTION 2. This act shall take effect upon its passage. [Ap- proved May 1, 1908. 94 INSPECTION OF GAS AND GAS METERS. Certain fees to be paid into the treasury. Repeal. Unit of measure for gas. 1861, 168. 5. P. S. 61, 8. Test gas holders and meters to be provided. 1861, 161, P 8 S. 61, 10. Substitute. 1909,483, 1. Acts of 1909, Chapter 318. An Act relative to the Receipts of the Board of Gas and Electric Light Commissioners. SECTION 1. All fees received by the board of gas and electric light commissioners shall be paid into the treasury of the com- monwealth monthly, upon the last business day of each month. SECTION 2. So much of section five of chapter two hundred and twenty-eight of the acts of the year nineteen hundred and two as is inconsistent herewith is hereby repealed. SECTION 3. This act shall take effect upon its passage. [Ap- proved April 26, 1909. SECTION 8. The unit of measure for the sale of illu- minating gas by meter shall be the cubic foot, containing sixty-two and three hundred and twenty-one one-thou- sandths pounds avoirdupois weight of distilled or rain water, weighed in air of the temperature of sixty-two degrees, Fahrenheit scale, the barometer being at thirty inches. [SECTION 9. Every gas light company with a capital paid in of one hundred thousand dollars or more and every maker and vendor of meters shall set up at some convenient place upon their premises a gas holder contain- ing five or more cubic feet, which shall be tested and, if correct, stamped and sealed, and by means of which meters shall be tested at the average pressure at which gas is sup- plied in the city or town in which they are to be used, attention being paid to the temperature of the room where the trial is made. Every gas light company shall provide a test meter, of a construction approved by the inspector and stamped by him, which shall be used in cities and towns in which no test gas holders are provided or if prov- ing by a gas holder is impracticable or inconvenient. In the examination of a meter, the inspector shall see that it is of an approved principle, shall give particular atten- tion to the measure of the dial plate and shall prove the meter when set level, and that it is capable of accurately passing gas at the rate of six cubic feet an hour for each burner which the manufacturer has stamped it to register. A dry meter shall not be stamped correct if it varies more than two per cent from the standard measure, and a wet meter shall not be stamped correct if it is capable of regis- tering more than two per cent against the consumer or more INSPECTION OF GAS AND GAS METERS. 95 than five per cent against the company. The inspector shall keep at his office a correct record of all meters in- spected by him, with their proof at the time of inspection, which shall be open at all times for examination by the officers of any gas light company in the commonwealth.] Section 9. Every oas light company with a capital paid Certain gas r 7 77/7 7 7 77 i light com- in of one hundred thousand dollars or more, and every panics to pro- other gas light company if required by the board of gas and JJ' r? '. electric light commissioners, and all makers and vendors 9 > 488 > of meters shall set up at some convenient place upon their premises one or more meter provers of a size and type ap- proved by the board and tested and calibrated by the board, by means of which meters may be tested. A meter shall not be stamped correct if it varies more than two per cent from the standard measure. The board shall keep a correct record of all meters examined by its inspectors with their proof at the time of inspection, which shall be open at all times for examination by the officers of any gas light com- pany in the commonwealth. SECTION 10. A gas company providing a meter for Meters to be measuring gas supplied to a customer which has not been i'sei^ies, duly sealed and stamped shall be punished by a fine of i8 6 8o, 230, five dollars for every such meter in use, payable to the city |> 3 g 61i n> or town in which the meter is situated. SECTION 11. Meters in use shall be tested by the in- Testing of spector or by one of his assistants or a deputy on the J?se. ers request of the consumer or of the gas light company, in 8 9 61 ' 168 ' the presence of the consumer if desired, and with sealed P- s * 61 ' 8 12 * apparatus. If he finds that the meter is correct, the per- son requesting the inspection shall pay the fees for such inspection and the expense of removing the meter for the purpose of being tested, and the re-inspection shall be stamped on the meter. If he finds that the meter is incor- rect, the gas light company shall pay such expenses and shall furnish a new meter without charge to the consumer. SECTION 12. Meters for measuring gas supplied to con- Meters to sumers shall register the quantity of gas passing through pifiSy! them in cubic feet so that the number of cubic feet of | 8 6 86> 346 ' gas consumed can be easily ascertained by the consumer thereof. No meter shall be used which may confuse or deceive the consumer in ascertaining the price he pays per thousand cubic feet or the number of cubic feet consumed. No charge for the use of a meter during any portion of 96 INSPECTION OF GAS AND GAS METERS. Gas companies to furnish photometer. 1880, 230, 4. P. S. 61, 13. 1885, 240, 1. Substitute. 1909,483, 2. Disc photom- eters to be provided, etc. 1909,483, 2. Inspection of gas by photometer. 1861, 168, 10. 1880, 230, 5. P. S. 61, 14. 1885, 240, 1886, 250. 1890, 252. 1892, 67. [lOp. A. G. 550.J Amended. 1903,464. Substitute. 1909, 483, twelve consecutive months shall be made if the consumer during said time uses gas to the value of seven dollars. [SECTION 13. Every gas light company which annually manufactures more than fifteen million cubic feet of gas, made and sold for illuminating purposes, shall provide a suitable room, at least a quarter of a mile from the gas works, containing a disc photometer of a construction ap- proved by the inspector, which shall be open to the in- spector and his assistants on every working day from eight o'clock in the morning until six o'clock in the afternoon.] Section 13. Every gas light company which annually manufactures or sells more than fifteen million cubic feet of gas shall, when required by the board of gas and electric light commissioners, provide and maintain a suitable room at least a quarter of a mile from the gas works ivith a disc photometer and its appurtenances of a construction ap- proved by the board, which shall be open to the inspector and assistant inspectors on every working day from eight o'clock in the morning until six o'clock in the afternoon. [SECTION 14. The -gas of every company which supplies more than fifty consumers, except gas made and used ex- clusively for heating, cooking, chemical and mechanical purposes, shall be inspected at least twice a year, [and once additionally for every six million cubic feet of gas supplied by each company; but not oftener than once a week.] and as much oftener as the board of gas and electric light commissioners may determine. The gas of every company supplying not more than three, hundred million cubic feet annually shall be inspected at least once for every six million cubic feet supplied, and the gas of every com- pany supplying more than three hundred million cubic feet annually shall be inspected at least once a week. All such inspections shall be made by the inspector or one of his assistants, and one-fourth at least of all such inspections shall be made by the inspector. The gas shall be tested for illuminating power by means of a disc photometer and, during such test, shall be burned from the burner best adapted to it, which is at the same time suitable for domes- tic use, and at as near the rate of five feet an hour as is practicable. If the gas of any company is found on three consecutive inspections or on three inspections made within a period of thirty consecutive days, to give less light than sixteen standard English candles, or to contain more than INSPECTION OF GAS AND GAS METERS. 97 twenty grains of sulphur or ten grains of ammonia per hundred cubic feet of gas, or any sulphuretted hydrogen, a fine of one hundred dollars shall be paid by such company to each city or town supplied by it. If during the test the consumption of gas varies from five feet an hour, or the candle from one hundred and twenty grains an hour, a pro- portionate correction shall be made for the candle power. Upon such complaint and after such notice and hearing as are provided for in section thirty-four of chapter one hun- dred and twenty-one of the Revised Laws the board of gas and electric light commissioners may require a company to supply such a gas as will give, when tested in the man- ner prescribed in this section, a light equivalent to such number of standard English candles, not less than sixteen, as said board may determine.'] Section 14- The qas of every company which supplies inspection ,, ~T j. J J j 7 of gas, etc. more than fifty consumers, except gas made and used exclu- 1000, 433, sively for heating, cooking, chemical and mechanical pur- poses, shall be inspected at least twice a year and as much oftener as the board of gas and electric light commissioners may determine. The gas shall be tested for illuminating power by means of a disc photometer and, during such test, shall be burned from the burner best adapted to it, which is at the same time suitable for domestic use, and at as near the rate of five feet an hour as is practicable. The board of gas and electric light commissioners shall, for the pur- pose of establishing a standard of purity for gas, and after a public hearing, determine how many grains of sulphur and ammonia per hundred cubic feet of gas may be per- mitted, and the board shall have power to change such standards from time to time, after a public hearing; but not more than thirty grains of sulphur per hundred cubic feet and no sulphuretted hydrogen shall be allowed. If the gas of any gas company or of any city or town supplying gas is found on 'three consecutive inspections, or on three inspections made within a period of thirty con- secutive days, to give less light than sixteen standard Eng- lish candles, or upon such averaging of inspections as the board may prescribe, to be below the standard of purity fixed under this act, unless such defect is in the opinion of the board due to unavoidable cause or accident, a fine of one hundred dollars shall be paid by such company, city or town into the treasury of the commonwealth. 98 INSPECTION OF GAS AND GAS METERS. Entry on premises to examine meters, etc. 1861, 168, 11. P. S. 61, 15. Company may shut off gas for arrears. 1861, 168, 12. P. S. 61, 16. 1894, 316. 199 Mass. 325. If during the test the consumption of gas varies from five feet an hour, or the candle from one hundred and twenty grains an hour, a proportionate correction shall be made for the candle power. Upon such complaint and after such notice and hearing as are provided for by section thirty-four of chapter one hundred and twenty-one of the Revised Laws the board may require a company to supply such gas as will give, when tested in the manner prescribed in this section, a light equivalent to such number of stand- ard English candles, not less than sixteen, as said board may determine. SECTION 15. An officer or servant of a gas light com- pany, who is duly authorized in writing by the president, treasurer, agent or secretary of said company, may at any reasonable time enter any premises which are supplied with gas by such company for the purpose of examining or removing the meters, pipes, fittings, and works for sup- plying or regulating the supply of gas and of ascertaining the quantity of gas consumed or supplied ; and if any per- son, directly or indirectly, prevents or hinders such officer or servant from so entering such premises or from making such examination or removal, such officer or servant may make complaint to any court or magistrate authorized to issue criminal process who may thereupon issue a warrant directed to the sheriff or to either of his deputies, or to a constable of the city or town in which such company is located, commanding him to take sufficient aid and repair to said premises accompanied by such officer or servant, who shall examine such meters, pipes, fittings and works for supplying or regulating the supply of gas, and ascer- tain the quantity of gas consumed or supplied therein, and shall, if required, remove any meters, pipes, fittings and works belonging to said company. SECTION 16. A gas or electric light company may stop gas or electricity from entering the premises of any per- son who neglects or refuses to pay the amount due therefor or for the use of the meter or other article hired by him from such company; and, for such purpose, the officers, servants or workmen thereof may, after twenty-four hours' notice, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter, pipe, wires, fittings or other INSPECTION OF GAS AND GAS METERS. 99 works, whether they are property of the company or not, from the mains, pipes or wires of the company. SECTION 17. A e;as or electric light company shall not Refusal of j? i i * -4. i; "IJ- supply re- refuse to supply gas or electricity for any building or stricted. premises to a person applying therefor who is not in ar- 199 Mass/325. rears to it for any gas or electricity previously supplied to him because a bill for gas or electricity remains unpaid by a previous occupant of such building or premises. SECTION 18. Whoever wilfully or fraudulently injures Penalty for or suffers to be injured any meter, pipes or fittings which SJfr f n Jt* as belong to a gas light company, or prevents a meter from If 6 ^, 1 ! 6 ^' duly registering the quantity of gas supplied through the ^s.6i,i7, same, or in any way hinders or interferes with its proper 4 Allen 308 - action or just registration, or fraudulently burns or wastes the gas of such company, or whoever attaches a pipe to a main or pipe belonging to a gas light company or, without the written consent of such company, uses or causes to be used any gas supplied by it, unless the same passes through a meter set by the company, shall for every such offence forfeit to the company not more than one hundred dollars and the damage sustained thereby. [SECTION 19. The provisions of this chapter shall apply Application to all companies which manufacture or distribute gas for isei^es,' sale, and the term " gas company " shall include all per- p. 1 !; 6 i, 19. sons who own or operate works for the manufacture and s^iSute. 7 ' sale of gas for heating or illuminating purposes.] woo, 433, Section 19. The provisions of this chapter shall apply Application to all persons, corporations and municipalities which man- ^gol^ss, ufacture or distribute gas for sale and the terms " gas com- 4 ' pany " and " gas light company " shall be construed as- including all persons, companies and municipalities own- ing or operating works for the manufacture and sale of gas for heating or illuminating purposes. 100 MANUFACTURING AND OTHER CORPORATIONS. CHAPTER 110. OF MANUFACTURING AND OTHER CORPORATIONS. (Omitting sections which expressly do not apply to gas or electric com- panies.) SECTION 1. Commissioner of Corporations. SECTIONS 2, 3. Corporations Governed by this Chapter. SECTIONS 4-21. Formation of Corporations. SECTIONS 22-68. Powers and Liabilities. SECTIONS 69, 70. Co-operative Associations. SECTION 71. Fishing Associations. (Omitted.) SECTIONS 72-75. Swine Slaughtering Associations. (Omitted.) SECTIONS 76-81. Gas, Pneumatic, etc., Companies. SECTIONS 82, 83. Confirmation of Organization or Proceedings. SECTIONS 84, 85. Penalties for Omissions to File Certificates, etc. SECTION 86. Fees. Commissioner of corpora- tions. 1870, 224, 61. 1879, 288, 1. P. S. 106, 1. 1900, 261. 180 Mass. 329, 514. 184 Mass. 567. COMMISSIONER OF CORPORATIONS. SECTION 1. The commissioner of corporations shall be sworn to the faithful performance of his duties. He shall examine the certificates submitted to him under the pro- visions of these statutes, and make suitable indorsements upon such as conform to the requirements of law. He shall keep a record of the names of corporations which submit certificates to his inspection, with the date of inspection and of his certificates when given, and the result in brief of his inspection. He shall bring instances of neglect or of omission on the part of corporations to comply with the provisions of this chapter to the knowledge of the attorney general, for the enforcement of the penalties therefor. He shall receive no fees for the performance of his duties. If a vacancy exists or if the commissioner is absent from his office, the first clerk shall perform the duties of the com- missioner, and legal process served upon said clerk shall have the same force and effect as if served upon the com- missioner. Corporations governed by this chapter. R. S. 38, 1. G. S. 60, 1. 1870, 224, 13, 64, 65. 1874, 295, 1. P. S. 106, 3; 107, 1. CORPORATIONS GOVERNED BY THIS CHAPTER. SECTION 2. All corporations organized or chartered under or subject to the provisions of this chapter, of -chap- ter one hundred and six or one hundred and seven of the Public Statutes, of the statutes in amendment thereof or in addition thereto, of chapter two hundred and ninety-five of the statutes of the year eighteen hundred and seventy- four, of chapter two hundred and twenty-four of the stat- MANUFACTURING AND OTHER CORPORATIONS. 101 utes of the year eighteen hundred and seventy, of the statutes in amendment thereof or in addition thereto, of chapter one hundred and eighty-seven or two hundred and ninety of the statutes of the year eighteen hundred and sixty-six, of chapter sixty or sixty-one of the General Stat- utes, of chapter one hundred and thirty-three of the stat- utes of the year eighteen hundred and fifty-one, or of chapter thirty-eight of the Revised Statutes, corporations established by special charters subsequent to the twenty- third day of February in the year eighteen hundred and thirty for the purpose of carrying on any kind of manu- facture, and those which in compliance with law have voted to adopt the provisions of chapter fifty-three of the statutes of the political year eighteen hundred and twenty-nine, of chapter thirty-eight of the Revised Statutes, of chapter sixty of the General Statutes, of chapter two hundred and twenty-four of the statutes of the year eighteen hundred and seventy, or of chapter one hundred and six of the Public Statutes, and have performed the things in that behalf prescribed in the several statutes so adopted, and those which shall comply with the provisions of the follow- ing section and the respective officers and stockholders of all such corporations shall be subject to the provisions of this chapter. SECTION 3. If any manufacturing corporation char- Corporations tered before the twenty-third day of February in the year beco C m e m sub- eighteen hundred and thirty, at a legal meeting called for ih C ap? e r!" 8 the purpose, accepts the provisions of this chapter, and 8 ! 2 3 9 ' 53> causes to be recorded in the registry of deeds in the county * or district in which such corporation is established a cer- Jj tificate, signed by its president, treasurer, clerk and a ma- \ jority of its directors, stating the amount of its capital 1874, 349, actually paid in, and, if any part thereof has been divided p. s c io6, 4. or withdrawn, the amount so divided and withdrawn, and also the amount of its debts and credits, and an estimate of the value of its real and personal estate for the purpose of carrying on its business at the time of making such certificate ; and if such officers make oath that they have carefully examined the records and accounts of said corpo- ration, and have faithfully estimated the value of its prop- erty and funds, and that said certificate signed by them is true according to their best knowledge and belief; then such corporation with its members and officers shall be sub- 102 MANUFACTURING AND OTHER CORPORATIONS. ject to the provisions of this chapter applicable to such corporations ; and no stockholder therein shall be liable for any debts of the corporation contracted after the recording of such certificate, except for the causes and in the manner hereinafter provided. FORMATION OF CORPORATIONS. Purposes, Number of Associates and Limits of Capital Stock. Formation of SECTION 4. Any persons, to the number hereinafter corporations. 111 i i 1851, 133, i. provided, who associate themselves by an agreement in GK s% 9 i, i. writing hereinafter described with the intention of form- T?..' 106,' s &.' i n g a corporation for any purpose hereinafter specified, 15 Gray! ill,' u P on com plji n g with the provisions of section twenty, shall 494 - be and remain a corporation. 12 Alien, 273, 362. 98 Mass. 98. 101 Mass. 381, 385. fl Op. A. G. 47, 185.] SECTION 5. For the purpose of carrying on any me- chanical or manufacturing business, except that of distill- manuf actur- . ,, . . 3 . . 7 . x , ing business, ing or manufacturing intoxicating liquors, three or more 1/2. ' persons may associate themselves, with such capital, not G?s?6i?' 8 i!' l ess than five thousand dollars, as is fixed in the agreement i8Ti, 110] 1 i'. f association, and, for the purpose of carrying on any T? 7 s'io6't7' m i n i n g business, three or more persons may associate 1899, 199, themselves, with a capital of not less than five thousand 101 Mass. 385. nor more than one million dollars. 173 Mass. 254. r~erative SECTION 7. For the purpose of co-operation in carry- tr g ade,et. i n g O n any business authorized in the two preceding sec- 1/5. tions, and of co-operative trade, seven or more persons may 3. ' associate themselves, with a capital of not less than one T>. 7 s! loS,' s 9. thousand nor more than one hundred thousand dollars. g7s f and a f a u k r ing SECTION 9. For the purpose of making, selling and andiSt water distributing gas for light, or for heating, cooking, chemical 1855, 146, i. and mechanical purposes, or for the purpose of generating G. s.'ei, is.' and furnishing steam or hot water for heating, cooking and 1870, 224, 5. T . T - ,, /. , . i 1879, 202, i. mechanical power, or for the purpose of generating and f if; 106 ' furnishing hydrostatic or pneumatic pressure for mechani- 1885, 240, ca j p 0wer? i n an y c [^y O r town, or for any two or more i89i, 189, O f sa ^ p llr p ses, ten or more persons may associate them- se l ves > w ^ tn a capital of not less than [five] one thousand Amended, nor more than five hundred thousand dollars. 1910, 346. MANUFACTURING AND OTHER CORPORATIONS. 103 SECTION 13. For the purpose of carrying on any law- Formation of ful business not mentioned in the eight preceding sections, for an tu except distilling or manufacturing intoxicating liquors, buying and selling real estate, banking, insurance, and Jl^fes. any other business the formation of corporations for which J^- 106> is otherwise regulated by these statutes, three or more per- r sons may associate themselves, with a capital of not less iss, 275,' than one thousand nor more than one million dollars. SECTION 14. Any or all of the creditors of any corpora- corporation tion which exists by authority of this commonwealth and buSnlss of is organized or chartered for any purpose designated in corporation.* '' this chapter, which has been adjudged bankrupt or insol- l 7 i'l 15 ' vent or has made an assignment of its property for the *-^ 106 > benefit of its creditors, or any or all persons for whose benefit such corporation has assigned the whole or any part of its property, and such other person or persons in either case as they may select, may associate themselves for the purpose of forming a corporation to acquire the whole or any part of the property of such debtor corpora- tion and to carry on the business previously authorized to be carried on by it. Agreement, Name and Organization. SECTION 15. The agreement of association shall state Contents of that the subscribers thereto associate themselves with the issi, 133,' intention of forming a corporation, the corporate name as- G. s. ei, 2. sumed, the purpose for which it is formed, the city or 8 2 66 ' 290 ' town, which shall be in this commonwealth, in which it is 8 7 70 ' 224> established or located, the amount of its capital stock and ^-Jl- 106 the par value and number of its shares. JJ Gray, 139. Revised Laws, Chapter 109, $ 7. SECTION 7. A corporation which is organized under general laws or created by special charter for the purpose of carrying on g . 7 a mechanical or manufacturing business in a citv or town named Affected. 1910, 197. in its agreement of association or charter may extend or remove its business or any part thereof to any other city or town in this commonwealth, and may purchase, hold and convey so much real and personal estate in such other city or town as may be necessary for the purpose of carrying on its business therein. (But see $ 25, 26 and 27 of chapter 121 of the Revised Laws as to gas and electric companies.) 104 MANUFACTURING AND OTHER CORPORATIONS. R. L. 109, 7, not to apply to cer- tain corpora- tions. Proviso. Acts of 1910, Chapter 197. An Act to limit the Authority of a Gas or Electric Light Com- pany to change its Location. SECTION 1. The provisions of section seven of chapter one hundred and nine of the Revised Laws shall not apply to a cor- poration organized for the purpose of making or selling gas or electricity : provided, however, that the board of gas and electric light commissioners may, after notice and a public hearing in each case, authorize such a corporation to carry on the business for which it was incorporated in a city or town other than that named in its agreement of association or charter, with all the rights, powers and privileges and subject to all the duties and liabilities set forth in all general laws now or hereafter in force applicable to such corporations. SECTION 2. This act shall take effect upon its passage. [Ap- proved March 11, 1910. Corporate name. 1851, 133, 6. G. S. 61, 1. 1870, 224, 8. 1872, 375, 5. 1875, 225. 1877, 224, 3. P. S. 106, 17; 117, 3 ; 119, 28. 1883, 98, 1. 1887, 214, 30. 1888, 413, 27. 1894, 522, 30. 151 Mass. 560. Corporate name. 1891, 257. 149 Mass. 436. SECTION 16. Any name may, subject to the provisions of section eight of chapter one hundred and nine, be as- sumed by a corporation. If organized for the purposes mentioned in sections seven or eight, or under the provi- sions of chapter one hundred and fourteen or section thirty of chapter one hundred and eighteen, or if subject to any of the provisions of chapter one hundred and sixteen, the words " co-operative " or " fishing " or " co-operative bank " or " insurance ", or " mutual insurance " if or- ganized upon the mutual principle, or " trust company " ? respectively, shall form part of the name. Revised Laws, Chapter 109, 8, 9, 10. SECTION 8. A corporation which is organized under the gen- eral laws may assume any name which, in the judgment of the commissioner, indicates that it is a corporation; but it shall not assume the name of another corporation established under the laws of this commonwealth, or of a corporation, firm, association or person carrying on business in this commonwealth, at the time of such organization or within three years prior thereto, or assume a name so similar thereto as to be liable to be mistaken for it, except with the consent in writing of said existing corpo- ration, firm or association or of such person previously filed with the commissioner of corporations. The supreme judicial court or the superior court shall have jurisdiction in equity, upon the MANUFACTURING AND OTHER CORPORATIONS. 105 application of any person interested or affected, to enjoin such corporation from doing- business under a name assumed in vio- lation of the provisions of this section, although its certificate of organization may have been approved and a certificate of in- corporation may have been issued to it. [SECTION 9. Upon the application of any corporation, au- Change of thorized by a vote of two-thirds of the stockholders present and isga.'seo, voting at a meeting called for the purpose, the commissioner of 1392', igs', corporations may, after public notice of such application, au- thorize such corporation to change its name. If it has no capital stock, the application may be authorized by a two-thirds vote of 442, 9. the persons legally qualified to vote in meetings of the corpora- 9. tion present and voting on the question of the change of name. 1903,168. The approval of the insurance commissioner shall be required for applications by corporations which are subject to the provisions of chapters one hundred and eighteen, one hundred and nineteen and one hundred and twenty.] [SECTION 10. A certified copy of such authorization and a certificate certificate of the vote of the corporation, signed and sworn to by wi'thsecre- e the president, treasurer and a majority of the directors, or if it i"gi f seo, has no such officers, by its presiding and financial officers and a j^^f^ majority of its other officers having the powers of directors, shall isos, 163. be filed in the office of the secretary of the commonwealth. The commissioner shall require public notice to be given of the change so authorized; and upon receipt of proof thereof the secretary of the commonwealth may grant a certificate of the name which the corporation shall bear, which, subject to the provisions of section eight, shall thereafter be its legal name.] Acts of 1908, Chapter 163. An Act relative to the Changing of Names of Corporations. SECTION 1. Every corporation organized under general or Regulations special laws of this commonwealth, except corporations subject to Chang 1 "? the provisions of chapter four hundred and thirty-seven of the corporations. acts of the year nineteen hundred and three, and acts in amend- ment thereof and in addition thereto, and except corporations subject to the provisions of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and acts in amendment thereof and in addition thereto, may at a meeting duly called for the purpose, by the vote of two thirds of all of its stock, or if two or more classes of stock have been issued, by two thirds of each class of stock outstanding and entitled to vote, or in case such corporation has no capital stock, by a vote of two 106 MANUFACTURING AND OTHER CORPORATIONS. Notice of change of name to be published. Certificate of new name to be issued. Approval of change of When to take effect. Repeal. thirds of the persons legally qualified to vote in meetings of the corporation, or by a larger vote if its agreement of association or by-laws shall so require, change its name. Articles of amend- ment signed and sworn to by the president, treasurer and a majority of the directors or other officers having the powers of directors, shall within thirty days after such meeting be prepared, setting forth such amendment, and stating that it has duly been adopted by the stockholders. Such amendment shall be submitted to the commissioner of corporations who shall examine it, and if he finds that it conforms to the requirements of law, he shall so certify and endorse his approval thereon. Thereupon the secre- tary of the commonwealth shall direct the officers of the corpora- tion to publish in such form as he may see fit, in a newspaper published in the county in which the corporation has its prin- cipal office or place of business, notice of such change of name. When the secretary of the commonwealth is convinced that such notice has been published as required by him, he shall upon the payment of a fee of one dollar* grant a certificate of the name which the corporation shall bear, which name shall thereafter be its legal name, and the secretary of the commonwealth shall cause the article of amendment and the endorsements thereon to be re- corded in his office. In the case of corporations which are subject to the provisions of chapter one hundred and eighteen, one hun- dred and nineteen, and one hundred and twenty of the Revised Laws, and of all acts in amendment thereof and in addition thereto, the approval of the insurance commissioner shall be re- quired before the commissioner of corporations approves the article of amendment. No article of amendment changing the name of any corporation shall take effect until it has been filed in the office of the secretary of the commonwealth as aforesaid. SECTION 2. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 3. This act shall take effect upon its passage. [Ap- proved March 3, 1908. Rights and liabilities under new name. 1891, 360, 4. Revised Laws, Chapter 109, 11. SECTION 11. A corporation shall have the same rights, powers and privileges and be subject to the same duties, obligations and liabilities under its new name as before its name was changed, and may sue and be sued by its new name; but any action brought against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor. MANUFACTURING AND OTHER CORPORATIONS. 107 SECTION 17. The first meeting shall be called by a First meet- notice signed by one or more of the subscribers to such cafiedand agreement, stating the time, place and purpose of the meet- issfflVs, ing, a copy of which notice shall, seven days at least be- ^\ 61> 3 fore the day appointed for the meeting, be given to each | 8 4 66 ' 290> subscriber, or left at his usual place of business or resi- | 8 g 70 > 224 > dence, or deposited in the post office, postpaid, and ad- P- |- ioe, dressed to him at his usual place of business or residence. Whoever gives such notice shall make affidavit of his do- ings, which, with a copy of the notice, shall be recorded in the records of the corporation. SECTION 18. The subscribers to the agreement of asso- Subscribers ciatioii shall hold the franchise until the organization has franchise; been completed; and, unless it is otherwise provided in Chares!, 011 such agreement, each subscriber who elects to take such 8 3 7 ' 224> shares at the first meeting may take such proportion of the \|; 106> share of the capital stock as the number of subscribers to ioiMass.385. the agreement bears to the whole number of shares, or any part of such proportion, upon paying the assessments thereon as called for by the corporation. All shares not so taken shall be disposed of as the corporation determines. SECTION 19. At such first meeting, including any nee- Organiza- , , , . i i -n tion; choice essary or reasonable adjournment, an organization shall of officers; be effected by the choice by ballot of a temporary clerk, JJ C 5i, d i33, who shall be sworn, and by the adoption of by-laws, and G! s! li, 5. the election, in the manner provided in section twenty- JYo ' 224> three, of directors, treasurer, clerk and such other officers P - 2 S- 106 > as the by-laws may provide; but at such first meeting no person shall be eligible as a director who has not subscribed the agreement of association. The temporary clerk shall make and attest a record of the proceedings until the clerk has been chosen and sworn, including a record of such choice and qualification. SECTION 20. The president, treasurer and a majority Certificate of of the directors, shall forthwith make, sign and swear to a totaled! 011 certificate setting forth a true copy of the agreement of 8 4 51 ' 133> association with the names of the subscribers thereto, the Jff \\ ffe, 8 2 ' date of the first meeting and the successive adjournments ^*g 61 8 thereof, if any, and shall submit such certificate and also i 8 .' 224 > the records of the corporation to the commissioner of cor- P^S. IOG, porations, who shall examine the same, and who may re- isikass.seo. quire such other evidence as he. may judge necessary. If it appears that the requirements of the preceding sections 108 MANUFACTURING AND OTHER CORPORATIONS. preliminary to the establishment of the corporation have been complied with, the commissioner shall so certify and approve the certificate by his indorsement thereon. Such certificate shall thereupon be filed by said officers in the office of the secretary of the commonwealth, who, upon payment of the fee hereinafter provided, shall cause the same with the indorsement thereon to be recorded, and shall thereupon issue a certificate in the following form : COMMONWEALTH OF MASSACHUSETTS. Be it known that whereas [the name of the subscribers to the agreement of association] have associated themselves with the intention of forming a corporation under the name of [the name of the corporation], for the purpose [the purpose declared in the agreement of association], with a capital of [the amount of cap- ital fixed in the agreement of association], and have complied with the provisions of the statutes of this commonwealth in such case made and provided, as appears from the certificate of the president, treasurer and directors of said corporation, duly ap- proved by the commissioner of corporations and recorded in this office: now, therefore, I [the name of the secretary], secretary of the commonwealth of Massachusetts, do hereby certify that said [the names of the subscribers to the agreement of association], their associates * and successors, are legally organized and estab- lished as, and are hereby made, an existing corporation under the name of [name of the corporation], with the powers, rights and privileges, and subject to the limitations, duties and restrictions, which by law appertain thereto. Witness my official signature hereunto subscribed, and the seal of the commonwealth of Massachusetts hereunto affixed, this day of in the year [the date of execution of the certificate.] The secretary shall sign the same and cause the seal of the commonwealth to be thereto affixed, and such certifi- cate shall have the force and effect of a special charter and shall be conclusive evidence of the existence of such cor- poration. He shall also cause a record of such certificate to be made, and a certified copy of such record may be given in evidence with like effect as the original certificate. Certain cor- SECTION 21. Any corporation organized under the pro- m a r y fii^ 8 visions of chapter one hundred and thirty-three of the acts of the year eighteen hundred and fifty-one, chapter sixty- p. 1 !.' ice, 22. n e of the General Statutes, or chapter one hundred and MANUFACTURING AND OTHER CORPORATIONS. 109 eighty-seven or two hundred and ninety of the acts of the year eighteen hundred and sixty-six, which at a meeting of its stockholders regularly notified for that purpose votes to comply with the provisions of this section, may submit to the commissioner of corporations a certificate signed and sworn to by its president, treasurer, clerk and a ma- jority of its directors, setting forth a copy of its articles of agreement, with the names of the subscribers thereto, and a copy of the vote aforesaid, and produce evidence of its regular organization according to law or of confirma- tory action under the provisions of this chapter, of sections seventy-nine and eighty of chapter one hundred and six of the Public Statutes, of section sixty-six of chapter two hundred and twenty-four of the acts of the year eighteen hundred and seventy, of section four of chapter sixty-one of the General Statutes, or of section three of chapter four hundred and seventy-eight of the acts of the year eighteen hundred and fifty-five. The commissioner shall thereupon examine such certifi- cate and evidence of organization; and if it appears that the provisions of law have been complied with, he shall so certify and approve the certificate by his indorsement thereon. The secretary of the commonwealth shall, upon the same being deposited in his office, and upon payment of the fee hereinafter provided, cause the same, with the indorsement thereon, to be recorded, and shall issue a cer- tificate in the following form : COMMONWEALTH OP MASSACHUSETTS. Be it known that whereas [the names of the original subscrib- ers] formerly associated themselves with the intention of forming a corporation under the name of [the name of the corporation], for the purpose [the purpose declared in the articles of agree- ment], under the provisions of [the designation of the statute under the provisions of which organization was effected], with a capital of [the amount of the capital stock as it stands fixed by the corporation at the date of the certificate], and the provisions of the statutes of this commonwealth in such case made and pro- vided have been complied with, as appears from the certificate of the president, treasurer, and directors of said corporation, duly approved by the commissioner of corporations and recorded in this office: now, therefore, I [the name of the secretary], secre- tary of the commonwealth of Massachusetts, do hereby certify that said [name of the corporation] is legally organized and es- 110 MANUFACTURING AND OTHER CORPORATIONS. tablished as an existing corporation, with the powers, rights and privileges, and subject to the limitations, duties and restrictions, which by law appertain thereto. Witness my official signature hereunto subscribed, and the seal of the commonwealth of Massachusetts hereunto affixed, this day of in the year . [the date of execution of the certificate.] The secretary shall sign the same and cause the seal of the commonwealth to be thereto affixed, and such certifi- cate shall be conclusive evidence of the existence of such corporation at the date of such certificate. He shall also cause a record of such certificate to be made, and a certi- fied copy of such record may be given in evidence with like effect as the original certificate. POWERS AND LIABILITIES. By-Laws, Officers, etc. ?Jo C 8 r 65 i SECTION 22. The business of every corporation which R 8 s%8 3 ' 1 ' * s Sll kj ec t to * ne provisions of this chapter shall be man- 2; 3. aged and conducted by a president, a board of not less 3', 5.' than three directors, a clerk, treasurer and such other offi- 1870,' 224| 3 ' cers and agents as the corporation authorizes for that pur- ilit,' s 49, po g e. The directors shall choose one of their number as i, ci. i. ' president. P. s. ioe, 23, 25. 147 Mass. 224. 190 Mass. 478. oncers, how SECTION 23. The directors, clerk and treasurer shall isos, 65, i. be chosen annually by the stockholders by ballot, and shall 1829, 53, 1. , , , m J J ., x , J ' R. s. 38, hold office for one year and until others are chosen and G. irfb, 4. qualified in their stead. The manner of choosing or ap- 8 i6' 224> pointing all other agents and officers, and of filling all p.^s. 106, vacancies, shall be prescribed by the by-laws. 8 Cush. 93. 7 Gray, 1. 15 Gray, 211. 179 Mass. 161. Treasurer SECTION 24. The clerk shall be sworn, shall record all ?8os' 65 i v t es i n a book to be kept for that purpose and shall per- ^829; 53! i! form all other duties assigned to him. The treasurer shall G.' s.' eo,' 6.' give bond for the faithful performance of his duty in such is/0, 224, gum an( j with such sureties as shall be required by the by- P. S. 106, 26. lo J 15 Gray, 211. iWS. proiy gby SECTION 25. Absent stockholders may vote at all meet- B. s. 38, 7. ings by proxy, authorized in writing, which, if the maker is 76, 224, ' thereof resides in the United States, shall be executed and p. s.' 106, dated within six months previous to the meeting at which it is used. MANUFACTURING AND OTHER CORPORATIONS. Ill SECTION 26. Every such corporation may determine Quorum of by its by-laws wbat number of stockholders shall attend, fsl!?!^ 6 * 8 ' either in person or by proxy, or what number of shares or R. 1 !; 33, 7. amount of interest shall be represented at any meeting, to islo,^ ^, 7 ' constitute a quorum. If the quorum is not so determined, |> 2 g- 106 a majority in interest of the stockholders shall constitute 28 - a quorum. Revised Laws, Chapter 109, $$ 2, 3, 4, 5, 6, 15, 16, 17. SECTION 2. Corporations now existing shall continue to exer- Existing cor- cise and enjoy their powers and privileges according to their ?ont/nue St respective charters and to the laws now in force, and shall con- ^09' si 7 ' 5 ' tinue subject to all the liabilities to which they are now subject, | g' 8 |^ except so far as said powers, privileges and liabilities are modified 1. 16- 1 . or controlled by the provisions of these statutes. 68, 40.' SECTION 3. Every act of incorporation passed since the elev- charters'' enth day of March in the year eighteen hundred and thirty-one aHeratton or shall be subject to amendment, alteration or repeal by the general i|^ e al gl court. All corporations which are organized under general laws B ^ s v'||' 36; shall be subject to such laws as may be hereafter passed affecting G.'s. 68' 41. or altering their corporate rights or duties or dissolving them. 2', 3. ' Corporations shall, notwithstanding such repeal or dissolution, fe 3 Cusn.'424.' be subject to the provisions of sections fifty-three and fifty-four. \ ^y,' 227.' Such laws of amendment, alteration or repeal or such dissolution J| &' 10(5' shall not take away or impair any remedy which may exist by law 4 4}} en> 030' consistently with said sections against the corporation, its mem- n Alien, 268. bers or officers, for a liability previously incurred. 103 Mass. 254. 109 Mass. 103, 506. 123 Mass. 32. 198 Mass. 421. 104 M3SS ' 446 ' 118 Mass. 290, 561. 147 Mass. 569. SECTION 4. Every corporation, except as otherwise expressly General provided, may, in its corporate name, sue and be sued, appear, Ssoi^es, i. prosecute and defend to final judgment and execution; have a Jsls' 83* i! common seal, which it may alter at pleasure ; elect in such manner R ^ s - 38, 6 ; as it may determine all necessary officers, fix their compensation G - s - 60, 2 ; and define their duties and obligations ; and make by-laws and P. s. 165, 4. regulations for its own government, the due and orderly con- 10 Gray, 582. ducting of its affairs and the management of its property. SECTION 5. Every corporation may by its by-laws, except as By-laws. otherwise expressly provided, determine the manner of calling and ; 53! i! conducting its meetings; the number of members which shall con- R stitute a quorum ; the number of shares which shall entitle the G 4> g ^ 2 members to one or more votes ; the mode of voting by proxy ; 8, g 7^ g the mode of selling shares for the payment of assessments; and 8 Met. 301, the tenure of office of the several officers ; and may annex suitable 112 MANUFACTURING AND OTHER CORPORATIONS. Conveyance of land. R. S. 44, 6. Meeting called by justice of the ?eace, when. 833, 49. B. S. 44, 4. G. S. 68, 5. P. S. 105, 11. Election of officers. 1833, 49. R. S. 44, 5. G. S. 68, 6. Executors, etc., may vote. 1829, 53, 12. R. S. 38, 35. 1838, 98, 2. Stockholder to have certificate of stock. 1808, 65, 3. 1829, 53, 3. Transfer of shares. Lost certificates. 1808, 65, 4. 1829, 53, 4. R. S. 38, 12. 1846, 45. G. S. 60. 13. 1870, 224, 26. P. S. 106, 30. 12 Gray, 213. 8 Allen, 15. 138 Mass. 240. List of stockholders open to inspection. 1858, 144. G. S. 68, 10. P. S. 105, 21. penalties to such by-laws, not exceeding twenty dollars for one offence; but no by-law shall be made by a corporation which is inconsistent with law. SECTION 6. Every corporation may convey land to which it has a legal title. G. S. 68, S. P. S. 105, 6. 11 Allen, 65. SECTION 15. If, by reason of the death or absence of the offi- cers of a corporation, or other cause, there is no person duly authorized to call or preside at a legal meeting, a justice of the peace may, upon written application of three or more of the members, issue a warrant to any one of them, directing him to call a meeting by giving such notice as had been previously re- quired by law, and may in the same warrant direct him to preside at the meeting until a clerk is duly chosen and qualified if no offi- cer is present legally authorized to preside. SECTION 16. A corporation when so assembled may elect offi- cers to fill vacancies, and may act upon such other business as may by law be transacted at a regular meeting. P. S. 105, 12. SECTION 17. An executor, administrator, guardian, conserva- tor or trustee shall represent the shares of his trust at all meetings of the corporation, and may vote as a stockholder. G. S. 68, 11. P. S. 105, 13. 9 Gush. 192. 101 Mass. 398. Capital Stock. SECTION 27. Each stockholder shall be entitled to a certificate of his stock, signed by the treasurer of the cor- poration and sealed with its seal. R. s. 38, 10. G. s. eo, 10. 1852,180. 1870, 224, 23. 1874, 349, 1. P. S. 106, 29. SECTION 28. Shares may be transferred by the stock- holder by an instrument in writing signed by him, which shall be recorded by the clerk in a book to be kept for that purpose. The purchaser named in such instrument so re- corded shall, upon production thereof to the treasurer and delivery to him of the former certificate, be entitled to a new certificate. In case of the loss of a certificate, a duplicate certificate may be issued upon such reasonable terms as the directors shall prescribe. Revised Laws, Chapter 109, 32, 33, 34, 35. LIST OF STOCKHOLDERS AND TRANSFER OF SHARES. SECTION 32. The treasurer or cashier of every corporation shall keep an accurate list of its stockholders and of the number of shares owned by each, which shall at all times, upon written application by a stockholder, be exhibited for his inspection. MANUFACTURING AND OTHER CORPORATIONS. 113 Such officer who refuses so to exhibit such list shall forfeit fifty dollars for each offence. SECTION 33. Every corporation shall record the names and Record of residences of all its stockholders, and all changes therein of which residences of it is notified, shall issue no certificate of stock to a stockholder or purchaser of a share until he informs the corporation of his actual i86 S i, 6 i%o 2 ' residence and shall pay no dividend to a stockholder whose actual g^ 64 ' 201> residence is unknown or uncertain until he informs the corpora- P- 2 |- 105 - tion thereof. SECTION 34. Every corporation shall, within fifteen days after List of stock- a request in writting by a stockholder thereof, made not less than fiedth thirty nor more than sixty days prior to the time fixed for the annual meeting of stockholders, cause a complete list of the stock- fi 3 6 p A G holders as of the sixtieth day prior to the time so fixed, with the 278 -l residence of and the number of shares belonging to each stock- holder, to be made and filed in the office of the secretary of the commonwealth. The list shall be in such form as the commis- sioner of corporations shall require or approve, and shall be signed and sworn to by the treasurer of the corporation or by some other officer cognizant of the facts specially appointed by the corporation to make the same. If a corporation and its treas- urer or other officer so specially appointed omit or neglect to cause a list of stockholders to be so made and filed, they shall each forfeit not more than one thousand dollars to be recovered in the manner provided in section eighty-four of chapter one hundred and ten. SECTION 35. All records of transfers of stock in any corpora- R ec0 rds of tion which is created by the sole authority of this commonwealth Jjjf f ^ shall be made and kept therein. The officer of every such corpo- - 1- Jg, 12. ration whose duty it is to record such transfers shall be a resident as'. of this commonwealth at the time of his appointment; and if he ceases to be such resident, his office shall become vacant. Acts of 1903, Chapter 423. An Act relative to the Transfer of Stock in Corporations. SECTION 1. The delivery of a certificate of stock by the person Transfer named as the stockholder in such certificate or by a person en- colorations. trusted by him with its possession for any purpose to a bona fide Jg2 Mass.' 555.' purchaser or pledgee for value, with a written transfer thereof, or \l\ 171 with & written power of attorney to sell, assign or transfer the same, signed by the person named as the stockholder in such cer- tificate, shall be a sufficient delivery to transfer title as against all persons ; but no such transfer shall affect the right of the corpora- 114 MANUFACTURING AND OTHER CORPORATIONS. Repeal. When to take effect. Transfer of title. tion to pay any dividend due upon the stock, or to treat the holder of record as the holder in fact until it has been recorded upon the books of the corporation, or until a new certificate has been issued to the person to whom it has been so transferred. Such purchaser, upon delivery of the former certificate to the treasurer of the cor- poration, shall be entitled to receive a new certificate. Stock shall not be transferred upon the books of the corporation if any instal- ments thereon remain overdue and unpaid. A pledgee of stock transferred as collateral security shall be entitled to a new certifi- cate if the instrument of transfer substantially describes the debt or duty which is intended to be secured thereby. Such new cer- tificate shall express on its face that it is held as collateral security, and the name of the pledger shall be stated thereon, who alone shall be liable as a stockholder, and entitled to vote thereon. SECTION 2. Sections thirty-six, thirty-seven, thirty-eight and thirty-nine of chapter one hundred and nine, and, so far as they relate to the transfer of stock, section fifty-nine of chapter one hundred and eleven, section eighteen of chapter one hundred and twelve and section forty-two of chapter one hundred and twenty- three of the Revised Laws are hereby repealed. SECTION 3. This act shall take effect on the first day of August in the year nineteen hundred and three. [Approved June 12, 1903. Acts of 1910, Chapter 171. An Act to make Uniform the Law of Transfer of Shares of Stock in Corporations. TRANSFER OF TITLE. SECTION 1. Title to a certificate and to the shares represented thereby shall be transferred only, (a) By delivery of the certificate indorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby, or (b) By delivery of the certificate and a separate document con- taining a written assignment of the certificate or a power of attorney to sell, assign, or transfer the same or the shares repre- sented thereby, signed by the person appearing by the certificate to be the owner of the shares represented thereby. Such assign- ment or power of attorney may be either in blank or to a speci- fied person. The provisions of this section shall be applicable although the charter or articles of incorporation or code of regulations or by- laws of the corporation issuing the certificate and the certificate itself, provide that the shares represented thereby shall be trans- MANUFACTURING AND OTHER CORPORATIONS. 115 ferable only on the books of the corporation or shall be registered by a registrar or transferred by a transfer agent. SECTION 2. Nothing in this act shall be construed as enlarging HOW act the powers of an infant or other person lacking full legal capacity, construed. or of a trustee, executor or administrator, or other fiduciary, to make a valid indorsement, assignment or power of attorney. SECTION 3. Nothing in this act shall be construed as forbid- Sa ^ e A subject. ding a corporation, (a) To recognize the exclusive right of a person registered on its books as the owner of shares to receive dividends, and to vote as such owner, or (b) To hold liable for calls and assessments a person registered on its books as the owner of shares. SECTION 4. The title of a transferee of a certificate under a Title of power of attorney or assignment not written upon the certificate, e tc. nS and the title of any person claiming under such transferee, shall cease and determine it, at any time prior to the surrender of the certificate to the corporation issuing it, another person, for value in good faith, and without notice of the prior transfer, shall pur- chase and obtain delivery of such certificate with the indorsement of the person appearing by the certificate to be the owner thereof, or shall purchase and obtain delivery of such certificate and the written assignment or power of attorney of such person, though contained in a separate document. SECTION 5. The delivery of a certificate to transfer title in Delivery of accordance with the provisions of section one, shall be effectual, c except as provided in section seven, though made by one having no right of possession and having no authority from the owner of the certificate or from the person purporting to transfer the title. SECTION 6. The indorsement of a certificate by the person ap- indorse- pearing by the certificate to be the owner of the shares represented thereby shall be effectual, except as provided in section seven, though the indorser or transferor, (a) was induced by fraud, duress or mistake, to make the in- dorsement or delivery, or (b) has revoked the delivery of the certificate, or the authority given by the indorsement or delivery of the certificate, or (c) has died or become legally incapacitated after the indorse- ment, whether before or after the delivery of the certificate, or (d) has received no consideration. 116 MANUFACTURING AND OTHER CORPORATIONS. Rescission of transfer. Subsequent transfer to be effectual in certain cases. RESCISSION OF TRANSFER. SECTION 7. If the indorsement or delivery of a certificate, (a) was procured by fraud or duress, or (b) was made under such mistake as to make the indorsement or delivery inequitable ; or If the delivery of a certificate was made (c) without authority from the owner, or (d) after the owner's death or legal incapacity, the possession of the certificate may be reclaimed and the transfer thereof rescinded, unless: (1) The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the trans- fer wrongful, or, (2) The injured person has elected to waive the injury, or has been guilty of laches in endeavoring to enforce his rights. Any court of appropriate jurisdiction may enforce specifically such right to reclaim the possession of the certificate or to rescind the transfer thereof and, pending litigation, may enjoin the fur- ther transfer of the certificate, or impound it. SECTION 8. Although the transfer of the certificate or of shares represented thereby has been rescinded or set aside, never- theless, if the transferee has possession of the certificate or of a new certificate representing part or the whole of the same shares of stock, a subsequent transfer of such certificate by the trans- feree, mediately or immediately, to a purchaser for value in good faith, without notice of any facts making the transfer wrongful, shall give such purchaser an indefeasible right to the certificate and the shares represented thereby. Incomplete transfer. Effect of attempted transfer, etc. INCOMPLETE TRANSFER. SECTION 9. The delivery of a certificate by the person appear- ing by the certificate to be the owner thereof without the indorse- ment requisite for the transfer of the certificate and the shares represented thereby, but with intent to transfer such certificate or shares shall impose an obligation, in the absence of an agreement to the contrary, upon the person so delivering, to complete the transfer by making the necessary indorsement. The transfer shall take effect as of the time when the indorsement is actually made. This obligation may be specifically enforced. SECTION 10. An attempted transfer of title to a certificate or to the shares represented thereby without delivery of the certifi- MANUFACTURING AND OTHER CORPORATIONS. 117 cate shall have the effect of a promise to transfer, and the obli- gation, if any, imposed by such promise shall be determined by the law governing the formation and performance of contracts. WARRANTIES. SECTION 11. A person who for value transfers a certificate, Warrant of including one who assigns for value a claim secured by a certifi- t cate, unless a contrary intention appears, warrants (a) That the certificate is genuine, (b) That he has a legal right to transfer it, and (c) That he has no knowledge of any fact which would impair the validity of the certificate. In the case of an assignment of a claim secured by a certificate, the liability of the assignor upon such warranty shall not exceed the amount of the claim. SECTION 12. A mortgagee, pledgee, or other holder for se- Mortgagee, curity of a certificate who in good faith demands or receives pay- pledgee< etc - ment of the debt for which such certificate is security, whether from a party to a draft drawn for such debt, or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such certificate, or the value of the shares represented thereby. ATTACHMENT. SECTION 13. No attachment or levy upon shares of stock for Attacb- which a certificate is outstanding shall be valid until such certi- ment> etc> ficate be actually seized by the officer making the attachment or levy, or be surrendered to the corporation which issued it, or its transfer by the holder be enjoined. Except where a certificate is lost or destroyed, such corporation shall not be compelled to issue a new certificate for the stock until the old certificate is sur- rendered to it. SECTION 14. A creditor whose debtor is the owner of a certi- Aid to cred- ficate shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such cer- tificate or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to the property which cannot readily be attached or levied upon by ordinary legal process. LIENS. SECTION 15. There shall be no lien in favor of a corporation Liens, upon the shares represented by a certificate issued by such cor- poration, and there shall be no restriction upon the transfer of 118 MANUFACTURING AND OTHER CORPORATIONS. shares so represented by virtue of any by-law of such corporation, or otherwise, unless the right of the corporation to such lien or the restriction is stated upon the certificate. Alteration and loss of certificate, etc. Jurisdiction of courts, etc. Issue of new certificate not to relieve from liability, etc. ALTERATION" AND LOSS OF CERTIFICATES. SECTION 16. The alteration of a certificate, whether fraudu- lent or not and by whomsoever made, shall not deprive the owner of his title to the certificate and the shares originally represented thereby, and the transfer of such a certificate shall convey to the transferee a good title to such certificate and to the shares orig- inally represented thereby. SECTION 17. Where a certificate has been lost or destroyed, a court of competent jurisdiction may order the issue of a new certificate therefor on service of process upon the corporation and on reasonable notice by publication, and in any other way which the court may direct, to all persons interested, and upon satis- factory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court to protect the corporation or any persons injured by the issue of the new certificate from any liability or expense, which it or they may incur by reason of the original certificate remaining outstanding. The court may also in its discretion order the payment of the corporation's reasonable costs and counsel fees. The issue of a new certificate under an order of the court as provided in this section, shall not relieve the corporation from liability in damages to a person to whom the original certificate has been or shall be transferred for value without notice of the proceeding's or of the issuance of the new certificate. General provisions. Interpreta- tion of act. Indorsement of certificate, etc. GENERAL PROVISIONS. SECTION 18. In any case not provided for by this act, the rules of law and equity, including the law merchant, and in par- ticular the rules relating to the law of principal and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. SECTION 19. This act shall be interpreted and construed in such manner as to effectuate its general purpose to make uniform the law of those states which enact it. SECTION 20. A certificate shall be deemed to be indorsed when an assignment or a power of attorney to sell, assign, or transfer the certificate or the shares represented thereby is written on the certificate and signed by the person appearing by the certificate MANUFACTURING AND OTHER CORPORATIONS. 119 to be the owner of the shares represented thereby, or when the signature of such person is written without more upon the back of the certificate. In either of such cases a certificate shall be deemed to be indorsed though it has not been delivered. SECTION 21. The person to whom a certificate was originally Person to issued shall be deemed to be the person appearing by the certi- catewas ficate to be the owner thereof, and of the shares represented thereby, until and unless he indorses the certificate to another specified person, and thereupon such other specified person shall be deemed to be the person appearing by the certificate to be the owner thereof until and unless he also indorses the certificate to another specified person. Subsequent special indorsements may be made with like effect. DEFINITIONS. SECTION 22. (1) In this act, unless the context or subject Certain terms matter otherwise requires " Certificate " means a certificate of stock in a corporation or- ganized under the laws of this state or of another state whose laws are consistent with this act. " Delivery " means voluntary transfer of possession from one person to another. " Person " includes a corporation or partnership or two or more persons having a joint or common interest. To " purchase " includes to take as mortgagee or as pledgee. " Purchaser " includes mortgagee or pledgee. " Shares " means a share or shares of stock in a corporation organized under the laws of this state or of another state whose laws are consistent with this act. " State " includes state, territory, district and insular possession of the United States. " Transfer " means transfer of legal title. " Title " means legal title, and does not include a merely equit- able or beneficial ownership or interest. " Value " is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a certificate is taken either in satisfaction thereof or as security therefor. (2) A thing is done in " good faith " within the meaning of this act, when it is in fact done honestly, whether it be done negli- gently or not. SECTION 23. The provisions of this act shall apply only to ^lyS^ certificates issued after the act takes effect. certain cer- tificates. 120 MANUFACTURING AND OTHER CORPORATIONS. Repeal. Uniform Stock Trans- fer Act. Capital stock of companies specially chartered, how limited. 1808, 65, 3. 1829, 53, 3. B. S. 38, 9. G. S. 60, 9. 1870, 224, 22. P. S. 106, 32. 6 Gray, 586. Par value of shares. 1860, 128, 1867, 131. 1870, 224, 7. 1873, 37. 1878, 86. P. S. 105, 16; 106, 31. 1894, 00. 1898, 503, 2. Capital stock, how in- creased or reduced. 1829, 53, 3. R. S. 38, 8. 1851, 133, 8. G. S. 60, 8; 61, 6. 1870, 224, 21. P. S. 106, 33. SECTION 24. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 25. This act may be cited as the Uniform Stock Transfer Act. SECTION 26. This act shall take effect upon its passage. [Ap- proved March 5, 1910. SECTION 29. The amount of the capital stock of every corporation which is established by special charter and which is subject to the provisions of this chapter, shall, at the first meeting of the corporation, unless the charter otherwise provides, be fixed and limited by the corpora- tion and divided into shares, of which a record shall be made by the clerk. Revised Laws, Chapter 109, $ 18. SECTION 18. The par value of shares in the capital stock of a corporation, if organized for any of the purposes mentioned in sections five, six, eleven and thirteen of chapter one hundred and ten, may be such amount, not less than twenty-five nor more than one hundred dollars, as may be fixed in its agreement of associa- tion, and if organized for any of the purposes mentioned in sec- tions seven and eight of said chapter, may be one hundred dollars or any other amount fixed in its agreement of association. Such corporation may, at a meeting of stockholders called for the pur- pose, change the par value of its shares if a certificate of such change shall, within ten days thereafter, be made, signed and sworn to by its president, treasurer and a majority of its directors, or other officers having the powers of directors, and, having been approved as to its form by the commissioner of corporations, be filed in the office of the secretary of the commonwealth. The par value of the shares of the capital stock of all other corporations, unless otherwise expressly provided by law, shall be one hundred dollars, and any corporation which may be organized with shares of a par value other than one hundred dollars may, in like manner, change the par value to that amount. SECTION 30. The capital stock of every corporation which is subject to the provisions of this chapter, the amount whereof has been fixed and limited by such cor- poration according to law, shall remain so fixed, subject to increase or reduction pursuant to the provisions of this chapter. MANUFACTURING AND OTHER CORPORATIONS. 121 SECTION 31. Every corporation which is subject to the increase and ,. J , . , J 1 , , . J -, reduction of provisions of this chapter, unless otherwise expressly pro- capital stock, vided, at a meeting called for the purpose, may increase or 2 3% 5 53 *- hundred and nine, a corporation which is created by spe- cial charter or organized under general laws for the pur- pose of making and selling gas for light in a city or town, whether otherwise subject to the provisions of this chapter or not] may increase its capital stock to an amount not ex- ceeding one million dollars, and may reduce the same, sub- ject to the provisions of this chapter. A corporation which is created by special charter or organized under general laws for the purpose of making and selling gas or electricity for light, heat or power in a city or town, whether otherwise subject to the provisions of this chap- ter or not, may increase its capital stock from time to time by such amounts as may be authorized by the board of gas and electric light commissioners in accordance with the provisions of section twenty-four of chapter one hun- 122 MANUFACTURING AND OTHER CORPORATIONS. Certain corporations may hold real property. 1871, 110, 3. 1873, 39, 2. P. S. 106, 36. Disposition of new shares. 1870, 179. 1871, 109. 1877, 230. 3. P. S. 106, 37. 132 Mass. 76. 168 Mass. 345, 349. Disposition of new shares of co-opera- tive associa- tions. 1871, 109. 1877, 230, 3. Special stock. 1855, 290. G. S. 60, 12. 1870, 224, 25. P. S. 106, 42. 15 Gray, 274. 136 Mass.-207. 139 Mass. 5. dred and nine, and may reduce the same, subject to the provisions of this chapter. SECTION 33. A mechanical, manufacturing or gas cor- poration whose capital stock is increased under the provi- sions of the preceding section may hold real property necessary for the purposes for which it was organized. SECTION 34. If a corporation which is subject to the provisions of this chapter, except a co-operative associa- tion or a corporation mentioned in section thirty of chapter one hundred and nine, increases its capital stock, its di- rectors shall give written notice of such increase to each of its stockholders in the manner provided in section twenty-nine of chapter one hundred and nine, and each stockholder may take his proportion of the new shares as is provided in said section. The shares which are not so taken may be sold or issued in such manner as its stock- holders may by vote direct ; but no shares shall be so sold or issued for a less amount than the par value thereof. (See Acts of 1909, chapter Ifll , as amended by Acts of 1910, chapter 374, on page 21.) SECTION 35. If a co-operative association increases its capital stock the new shares may be sold or issued in such manner as the stockholders may by vote direct, but not for a less amount than the par value thereof. p. s. ioe, 38. SECTION 36. A corporation which is subject to the pro- visions of this chapter may, by a vote of three-fourths of its general stockholders at a meeting duly called for the purpose, issue special stock, the total amount of which outstanding at any time shall not exceed two-fifths of the actual capital paid in on the general and special stock, and shall be subject to redemption at par after a fixed time which shall be expressed in the certificates. Holders of special stock shall be entitled to receive, and the corpora- tion shall be bound to pay thereon, a fixed half-yearly sum or dividend, which shall be expressed in the certificates, not exceeding four per cent, and they shall not be liable for the debts of the corporation beyond their stock. Corporations may issue preferred stock to cer- tain amounts, etc. Acts of 1902, Chapter 441. An Act to authorize Corporations to issue Preferred Stock. SECTION 1. Every corporation organized under the laws .of this Commonwealth shall have power to issue preferred stock to an amount not exceeding at any time the amount of the general stock then outstanding, with such preferences and voting powers MANUFACTURING AND OTHER CORPORATIONS. 123 or restrictions or qualifications thereof as shall be fixed and deter- mined in the by-laws at the organization of the corporation; or after organization, by a two thirds vote of all the stock, or by a by-law adopted by a two thirds vote of all the stock, at a meet- ing duly called for the purpose. SECTION 2. Such stock shall be issued subject to all general Certain pro- visions of law laws of the Commonwealth governing the issue of capital stock; to apply, and each certificate subsequently issued of stock in the corpora- tion shall have fully and plainly printed thereon the by-law or vote of the corporation authorizing the issue of preferred stock. SECTION 3. This act shall take effect upon its passage. [Ap- proved June 5j 1902. SECTION 37. A corporation which is subject to the pro- Employees' visions of this chapter may, by a vote of its general stock- i880,'20d, holders at a meeting called for the purpose, issue em- ployees' stock to be held only by the employees of such corporation. The par value of the shares of such em- ployees' stock shall be ten dollars, and the purchasers thereof may pay for them in monthly instalments of one dollar upon each share. The total amount of such em- ployees' stock outstanding at any time shall not exceed two-fifths of the actual capital paid in on the general and employees' stock. SECTION 38. If a dividend is paid by such corporation Dividends on to its stockholders, the holders of employees' stock shall stock. 1 ftftfi 9OQ receive upon each share which has been paid for in full 2. ' in time to be entitled to a dividend, an amount which shall bear such proportion to the amount paid as a dividend upon each share of the general stock of such corporation as the par value of the shares of such employees' stock bears to the par value of the shares of such general stock. SECTION 39. The shares of employees' stock shall not Transfer of , , , f ^ i c i employees' be sold or transierred except to an employee oi sucn cor- stock. .LI . -j. IP A iJ 1-1 1886,209, poration or to the corporation itself. A corporation which 3. issues employees' stock may prescribe by its by-laws the number of shares which may be held by any one employee and the method of transfer and redemption of such stock as is held by any person after he ceases to be an employee of the corporation. SECTION 40. Every corporation which is subiect to the Assessments r ,-t i c , , upon shares. provisions oi this chapter may, irom time to time at a isos, 65, 5. legal meeting called for the purpose, assess upon each share R 82 s 9> 3 5 8% is. such amount of money as it considers proper, not exceed- G * s> 60> 14 ' 124 MANUFACTURING AND OTHER CORPORATIONS. 1870, 224, 27. P. S. 106, 43. Sale of shares to pay as- sessments. 1808, 65, 5. 1829, 53, 5. R. S. 38, 14. G. S. 60, 15. 1870, 224, 28. P. S. 106, 44. Notice of sale, and deed of shares sold. 1808, 65, 5. 1829, 53, 5. R. S. 38, 15. G. S. 60, 16. 1870, 224, 29. P. S. 106, 45. Capital stock, payment of. 1829, 53, 6. R. S. 38, 16, 17. 1851, 133, 4. 1857, 276, 1. G. S. 60, 17, 18: 61, 8. 1866, 290, 8. 1870, 224, 32. 1875, 177. 2. P. S. 106, 46. 6 Met. 114. how paid in. 1829, 53, 8. R. S. 38, 24. G. S. 60, 14. 1870, 224, 27. 1875, 177, 2. P. S. 106, 47, 48. ing in the whole the par value thereof, unless the price is fixed as provided by section thirty of chapter one hundred and nine, and, in such case, not exceeding said price. Such assessments shall be paid to the treasurer at such times and by such instalments as the corporation directs. SECTION 41. If the stockholder neglects to pay an amount duly assessed on his shares for thirty days after the time appointed for payment, the treasurer of the cor- poration may sell by public auction a sufficient number thereof to pay all assessments then due from him with necessary and incidental charges. 14 Pick. 483. 14 Mass. 285. 16 Mass. 94. 121 Mass. 272. SECTION 42. The treasurer shall give notice of the time and place appointed for such sale, and of the amount due on each share, by advertising the same three weeks suc- cessively before the sale in a newspaper, if any, published in the county in which the corporation is established ; other- wise in a newspaper published in an adjoining county; and a deed of the shares so sold, made by the treasurer and acknowledged before a justice of the peace and re- corded as provided in section twenty-eight, shall transfer said shares to the purchaser, who shall be entitled to a certificate therefor. SECTION 43. A corporation which is subject to the pro- visions of this chapter shall not commence the transaction of the business for which it was organized or chartered until the whole amount of its capital stock has been paid in and a certificate of that fact, and of the manner in which the same has been paid in and, at the time of mak- ing the certificate, been invested or voted by the corpora- tion to be invested, signed and sworn to by the president, treasurer and a majority of the directors, has been filed in the office of the secretary of the commonwealth. 101 Mass. 381. 117 Mass. 478. 127 Mass. 564. 152 Mass. 428. 155 Mass. 184. 179 Mass. 18. 180 Mass. 329. 195 Mass. 463. SECTION 44. The capital stock, except as provided in this and the following section, shall be paid in in cash. The conveyance to the corporation of real or personal property at a fair valuation shall be a sufficient paying in of its capital stock to the extent of such value, if a state- ment, made, signed and sworn to by its president, treas- urer and a majority of its directors, giving a description of such property and the value at which it has been taken in payment, in such detail as the commissioner of corpo- MANUFACTURING AND OTHER CORPORATIONS. 125 rations shall require or approve, and indorsed with his certificate that he is satisfied that said valuation is fair and reasonable, is filed with the secretary of the common- wealth. Such statement shall be included in the certifi- cate of payment of capital required by the preceding section. No note or obligation given by a stockholder, whether secured by pledge or otherwise, shall be con- sidered as payment of any part of the capital stock. (See Revised Laws, chapter 109, 20, SO, 31, and Acts of ' 1909, chapter 477, pages 18, 20 and 21.) SECTION 45. If the corporation was organized for the Capital stock, ,, . . n . . ,. may be paid purpose oi acquiring claims against, or property of, a in claims bankrupt or insolvent corporation, or property conveyed fn certaST* 7 by it for the benefit of its creditors, as provided in section I^TQ,' 275, fourteen, any such claims or property may be assigned and | |; ^Q 6) conveyed to the corporation in payment for shares of its 49 - capital stock at a fair and reasonable valuation, to be de- termined and approved by the commissioner as provided in the preceding section ; and his decision that such valua- tion is fair and reasonable, when made and certified as therein required, shall be final. No claim shall be so as- signed or conveyed after three years from the date when the original corporation was adjudicated bankrupt or in- solvent or made such assignment for the benefit of its creditors. Revised Laws, Chapter 109, 40. UNCLAIMED DIVIDENDS. SECTION 40. Each corporation in this commonwealth shall. List of un- claimed divi- once in every five years, publish three times successively in a dendstobe .... published. newspaper in the city of Boston, and also in a newspaper, if any, 1837, 56. in the county in which the corporation is established, a list of all p.' s.' 105, dividends which have remained unclaimed for two years or more and the names of the persons to whose credit such dividends stand. Business of Corporation. SECTION 46. A corporation which is subject to the pro- visions of this chapter may in its corporate name purchase, hold and convey real and personal property necessary for 7. ' the purposes of its organization ; may carry on its business, i. ' ' or so much thereof as is convenient, beyond the limits of G. s.'6i,' 7. this commonwealth, and may there purchase and hold real 8 2 66 ' 290 ' or personal property necessary for conducting its business ; gg 7 ^ 2 3 2 ^' but it shall not direct its operations or appropriate its g^f's^so' 157 Mass! 37. 126 MANUFACTURING AND OTHER CORPORATIONS. Change of corporate business. 1875, 177, 4. P. S. 106, 51. 1885, 310. Amended, 1910, 124. funds to any other purpose than that specified in its agree- ment of association or its charter, as the case may be, ex- cept as provided in section seven of chapter one hundred and nine and in the three following sections. No convey- ance or mortgage of its real property, or lease thereof for more than one year, shall be made unless authorized by a vote of the stockholders at a meeting called for the purpose. SECTION 47. A corporation which is subject to the pro- visions of this chapter may, by a vote of all its stockholders at a meeting duly called for the purpose, alter, add to or change the business for the transaction of which it was incorporated, but it shall not engage in any business which is not authorized by the provisions of this chapter, and if incorporated for the purpose of making, selling or distrib- uting gas for light or for heating, cooking, chemical and mechanical purposes, it shall not engage in the business of making or selling electricity for light, heat or power, unless duly authorized to engage therein as provided in section fourteen of chapter one hundred and twenty-one of the Re- vised Laws, and if incorporated for the purpose of making or selling electricity for light, heat or power, it shall not engage in the business of making, selling or distributing gas for light or for heating, cooking, chemical and mechan- ical purposes. A certificate setting forth such alteration, addition or change, signed and sworn to by the president, treasurer and a majority of the directors, shall be filed in the office of the secretary of the commonwealth. SECTION 48. Any gas company which was organized or chartered before the ninth day of April in the year eighteen hundred and seventy-nine may engage in the busi- ness of making, selling and distributing gas for heating, chemical and mechanical purposes, or of generating or furnishing steam or hot water for heating, cooking and me- chanical power in a city or town, by a vote of four-fifths of the stockholders representing not less than two-thirds of the stock, at a meeting duly called for that purpose, upon filing in the office of the secretary of the commonwealth a certifi- cate as provided in the preceding section. hospitals 5 in SECTION 50. A manufacturing corporation may, by a 1889, 258. vote of a majority of the stock represented at a meeting of the stockholders thereof, appropriate not more than five thousand dollars or an annual sum of not more than Gas com- panies may furnish steam, etc. 1879, 202, 2. P. S. 106, 52. 1885, 240, 1. MANUFACTURING AND OTHER CORPORATIONS. 127 five hundred dollars for the support of free beds in one or more hospitals in this commonwealth, for the use of its employees. Certificates and Returns. SECTION 51. Every corporation chartered by this com- Annual cer- monwealth or organized under the general laws for the Slftlon. purpose of business or profit, which has a capital stock R 82 s 9l 3 5 8 8 ' 22. divided into shares, except banks, co-operative banks, sav- ings banks and institutions for savings, insurance com- panics, including the Massachusetts Hospital Life Insur- i|55', 68, 3. ance Company, steam and street railway companies, safe G. s.'eo, deposit and trust companies and the Collateral Loan Com- ei, io. ' pany, shall annually file in the office of the secretary of ' 90, the commonwealth, within thirty days after the date fixed i 8 6 7 , 224, in its by-laws for its annual meeting last preceding the f 8 3 7 3 j f 110 date of such certificate, or within thirty days after the ' final adjournment of said meeting, but not more than three months after the date so fixed for said meeting, a 54'. certificate signed and sworn to by its president, treasurer 1390! 199! and at least a majority of its directors, stating the date of i88 6 Mas S 9 '479. holding such meeting, the amount of capital stock as it- then stands fixed by the corporation, the amount then paid in, the name of each shareholder and the number of shares standing in his name, and the assets and liabilities of the corporation, in such form, with such detail and of such date as the commissioner of corporations shall require or approve. Such certificates shall, by the act of filing, be considered as recorded and shall be preserved by the sec- retary in book form convenient for reference. SECTION 52. Such certificate of a corporation which verification i i i i-i-ii T-I' "y auditor. has a capital stock of one hundred thousand dollars or 1397,492. i IT i -i -i i 1898, 64. more shall be accompanied by a written statement under oath by an auditor to be employed by a committee of three stockholders who are not directors which shall be selected at the annual meeting of the stockholders, or, if there are less than three stockholders other than directors, to be em- ployed by the directors, stating that such certificate repre- sents the true condition of the affairs of said corporation as disclosed by its books at the time of making such audit. The statement of the auditor shall be filed by him with said certificate in the office of the secretary of the common- wealth and shall be attached to and form a part of said 128 MANUFACTURING AND OTHER CORPORATIONS. Corporations failing to make such certificate may be dissolved. 1877, 230, 2. P. S. 106, 55. Certificate of increase of capital stock. 1851, 133, 8. G. S. 61, 9. 1870, 224, 34. P. S. 106, 56. of reduc- tion of capital. 1855, 478, 5. G. S. 61, 9. 1870, 224, 35. P. S. 106, 57. Examination and indorse- ment of cer- tificates. 1870, 224, 37. P. S. 106, 59. 1887, 225. 1896, 369. 1898, 503, 1. [lOp. A. G. 203, 278.] certificate. The auditor shall be sworn to the faithful performance of his duties by a justice of the peace or some other magistrate authorized to administer oaths or affirma- tions ; and evidence of such appointment and qualification shall be filed in the office of the commissioner of corpora- tions. SECTION 53. If a corporation fails for two successive years to file such annual certificate, the supreme judicial court, upon application by the commissioner, after notice and a hearing, may decree a dissolution of the corpora- tion. 1887, 225. 1896, 369. SECTION 54. A corporation which is subject to the pro- visions of this chapter shall, upon an increase of its capital stock, within thirty days after the payment or collection of the last instalment thereof, file a certificate of the amount of such increase and the fact of such payment, signed and sworn to by its president, treasurer and a ma- jority of its directors, in the office of the secretary of the commonwealth. SECTION 55. A corporation which is subject to the pro- visions of this chapter shall, within thirty days after a reduction of its capital stock is voted, file in the office of the secretary of the commonwealth a copy of the vote au- thorizing such reduction, signed and sworn to by its clerk. SECTION 57. The certificate or copy which is required to be filed by the provisions of section eighteen of chapter one hundred and nine and sections forty-three, forty-seven, fifty-one, fifty-four, fifty-five and fifty-six of this chapter shall, before filing, be submitted to the commissioner of corporations, who shall examine the same; and if it ap- pears to him to be a sufficient .compliance in form with the requirements of this chapter, he shall certify his ap- proval thereof by indorsement upon the same ; but he shall indorse only the date and fact of submission to his inspec- tion upon the copies of votes of corporations or the authori- zations of municipal authorities required by the preceding section ; and upon the payment of the fee hereinafter pro- vided, the same may be filed in the office of the secretary of the commonwealth, who shall receive and record the same in books to be kept for the purpose ; and, upon such filing, the corporation and its officers shall be conclusively held to have complied with the requirements of this chap- MANUFACTURING AND OTHER CORPORATIONS. 129 ter in respect to the filing of such certificate, except that it may be shown in evidence that the statements made in such return were false, and were known to be so by any officer or officers signing or making oath to the same. Revised Laws, Chapter 5, 11. Of the Secretary of the Commonwealth. SECTION 11. He shall annually prepare, cause to be printed Abstract of and on the first Wednesday of January submit to the general issi.TssJ' court, a true abstract from the certificates, excepting those of Q. 1 !'. ei, 13. foreign corporations, required by [chapter one hundred and ten] g 8 6 7 2 0> 224> law to be deposited with him, a statement of the names of all cor- - 2 - porations changed under the provisions of sections nine, ten and 5 - eleven of chapter one hundred and nine, and the names of all 1903,424. corporations dissolved. Liability of Officers and Stockholders. SECTION 58. The officers of a corporation which is sub- Liability of o 1 it 1 1 i officers for ject to the provisions of this chapter shall be jointly and ^ t ^ and severally liable for its debts and contracts in the following 1821, ss.' i j_i * 1829, 53, cases, and not otherwise : s, 9. The president and directors shall be so liable, f 23-25, 28. First, For making or consenting to a dividend if the ^ ?' 7 -25, 30. corporation is or thereby is rendered insolvent, to the ex- JJ 6 , 2 ' 2 *8, i. tent of such dividend. 8 3 7 8 5 -' m ' 2 Second, For debts contracted between the time of mak- is??! 230', i'. ing or assenting to a loan to a stockholder and the time of eo'. its repayment, to the extent of such loan. LO Gray, 232, Third, If the debts of a corporation exceed its capital, i2Gray, 203. to the extent of such excess existing at the time of the commencement of the suit against the corporation in which the judgment was recovered upon which the suit in equity to enforce such liability is brought as hereinafter pro- 127 Mass! 563. . , , J 137 Mass. 516. Vlded. 148 Mass. 226. The president, directors, and treasurer shall be so li- iie MaX 490! -L-U 173 Mass. 242. a t>l e , 174 Mass. 434, Fourth, For signing any statement filed under the pro- visions of section forty-four, if the property mentioned in such statement is not conveyed and taken at a fair 531,^578. ' iig valuation; but only the officer or officers who sign the 559. i n i v T-l 189 Mass. 566. statement shall be so liable. 190 Mass. 38, The president, directors and other officers shall be so 195 Mass. 462. liable, 198M.ss.79. 130 MANUFACTURING AND OTHER CORPORATIONS. Liability of stockholders or members. 1821, 38. 1826, 137, 2. 1829, 53, 6, 7, 10, 11. R. S. 38, 16, 21, 32, 33. 1851, 133, 15; 252. 1852, 9. 1855, 290. G. S. 60, 12, 17, 22; 68, 16. 1862, 218, 2. 1870, 224, 39. 1875, 177, 1. 1876, 1, 1. P. S. 106, 61. 13 Pick. 484. 21 Pick. 454. 6 Met. 114. 12 Met. 3. 8 Gush. 182. 11 Gush. 183. 10 Gray, 232. 15 Gray, 216. 16 Gray, 127. 2 Allen, 498. 6 Allen, 579. 106 Mass. 131. 118 Mass. 295. 127 Mass. 564, 586. 134 Mass. 590. 183 Mass. 565. 195 Mass. 464. Stockholders and officers, when liable. 1851, 315, 3. 1852, 24. G. S. 60, 34. 1862, 218, 3. 1866, 290, 10. 1870, 224, 40. P. S. 106, 62. 8 Allen, 86. Clerk to fur- nish creditor with names of officers and stockholders. Fifth, For signing any certificate which is required by law knowing it to be false; but only the officer or officers who have knowledge thereof shall be liable. Sixth, For debts contracted before the original capital has been fully paid in and the certificate of such payment has been filed in accordance with the provisions of section forty-three. SECTION 59. The members or stockholders in any cor- poration which is subject to the provisions of this chapter shall be jointly and severally liable for its debts or con- tracts in the following cases, and not otherwise : First, For such as may be contracted before the original capital is fully paid in; but only those stockholders who have not paid in full the par value of their shares, and those who have purchased such shares with knowledge of the fact, shall be liable for such debts. Second, For the payment of all debts existing at the time when the capital is reduced, to the extent of the amounts withdrawn and paid to stockholders. Third, If special stock is created under the provisions of section thirty-six, the general stockholders shall be liable for all debts and contracts until the special stock shall have been fully redeemed. Fourth, For all money due to operatives for services rendered within six months before demand made upon the corporation, and its neglect or refusal to make pay- ment. Any such member or stockholder who pays, on a judg- ment or otherwise, more than his proportion of any such debt shall have a claim for contribution against the other members or stockholders. SECTION 60. A stockholder or officer in such corpora- tion shall not be held liable for its debts or contracts unless a judgment has been recovered against it and it has neg- lected for thirty days after demand made on execution to pay the amount due, with the officer's fees, or to exhibit to him real or personal property of the corporation sub- ject to be taken on execution, sufficient to satisfy the same, and the execution has been returned unsatisfied. 103 Mass. 160. 115 Mass. 380. 127 Mass. 563. 174 Mass. 434. 180 Mass. 515. 183 Mass. 565. 198 Mass. 78. 203 Mass. 554. SECTION 61. The clerk or other officer who has charge of the records of any such corporation against which judg- ment has been so recovered and execution so issued and MANUFACTURING AND OTHER CORPORATIONS. 131 returned unsatisfied, upon reasonable request of the judg- 1864, 219, ment creditor or of his attorney, shall furnish to him a ISTO, 224, certified list of the names of all persons who were officers p 4 g.' ice, and stockholders in such corporation at the time of the is^kass. 565. commencement of the suit in which judgment was re- covered. SECTION 62. After the execution has been so returned, Creditor may any creditor may file a bill in equity, in behalf of himself equity against -1-11,1 i*j c ,1 . j_ j i corporation and all other creditors 01 the corporation, against it and officers and all persons who were stockholders therein at the time of the commencement of the suit in which such judgment JUJ 137' was recovered, or against all the officers who are liable for its debts and contracts, for the recovery of the money due from the corporation to himself and the other creditors 29-31; for which the stockholders or officers may be personally issi, sis, liable by reason of any act or omission on the part of the 1352, 2*4. corporation or that of its officers or any of them, set- fi?32, ting forth the judgment and proceedings thereon, and the it^^isf 7 ' grounds upon which it is expected to charge the stock- | 8 4 g 6 290 holders or officers personally. J^ 224 ' 8 Gush. 93. 3 Allen, 485. 109 Mass. 473. 144 Mass. 399. 42.' 9 Cush. 192. 9 Allen, 471. 115 Mass. 286. 173 Mass. 242. P. S. 106, 11 Gray, 139. 101 Mass. 385 118 Mass. 269. 183 Mass. 565. 64. 14 Gray, 193. 108 Mass. 404, 523. 127 Mass. 563, 592. 203 Mass. 555. SECTION 63. Such sums as may be decreed to be paid stockholders by the stockholders in such suit in equity shall be assessed in proportion upon them in proportion to the amounts of stock held by i862,*i8, 5. them respectively at the time when the suit in which said 8 4 7 3' 224> judgment was recovered was begun; but no stockholder shall be liable to pay a larger sum than the amount of stock held by him at that time at its par value. 183 Mass - 565 - SECTION 64. The estates and funds in the hands of Liability of . . , . estates in executors, administrators, guardians, conservators or trus- hands of ex- tees shall be liable to no greater extent than the testator, 1826, 137, * intestate, ward or person interested in the trust fund 1829, 53, would have been, if living and competent to act and hold j^ 1 !; 38> 34 . the stock in his own name. G. s. 68, is. 1862, 213, e. 1838 ' 98> 1 - 1870, 224, 44. 10 Pick. 370. 9 Cush. 192. 183 Mass. 565. P. S. 106, 66. 6 Met. 114. 101 Mass. 60. 198 Mass. 81. SECTION 65. If a defendant dies during the pendency suit in equity, of such a suit in equity, it shall not abate thereby; but death b of e d ne y his estate in the hands of his executor or administrator i^S^Sis, shall be liable to the same extent as he would be if living. l 224 Such executor or administrator may voluntarily appear p 4 |' 106 and become a party to the suit or may be summoned by the | 7 6 3 7 ^- ass ' 242 plaintiff. iss Masses! 132 MANUFACTURING AND OTHER CORPORATIONS. Shen n dS uity ' , $ a. 1870, 224, p. s.' ice, es. -not abated persons liable, -jO/^OO1g8Q 1870,' 224,' p. 4 s.' 106, suits ma be defended by 1867, 36, ' 1870, 224, p; s. ice,' ii Gray, 1 2i6. SECTION 66. Such suit in equity shall not be dismissed by the plaintiff without an order of court and such notice - n i to other creditors as the court may find reasonable under the circumstances. SECTION 67. No such suit in equity shall be abated by reason of the non- joinder of persons liable as defendants unless the plaintiff, after being notified by plea or answer t/J of the existence of such persons, unreasonably neglects to make them parties. 10 Alien, 352. iss Mass. 555. SECTION 68. If, in a suit against a corporation which is established by the laws of this commonwealth, it appears to the court that one of the objects of the suit is to obtain a judgment against the corporation in order to enforce an alleged liability of a person who has been or is a stock- holder or officer thereof, any such stockholder or officer ma 7 ^ e permitted, on petition, to defend such suit, and in such case the court may require of him or of a person in his behalf, a bond with sufficient surety or sureties, con- ditioned to pay to the plaintiff all costs which may accrue and be taxed to him after the filing of said petition. Iterative as'so ciations.how distributed. 1866, 290, , 224, p. 5 s.' ice, i86 2 Mass.373. 189 Mass. 567. hoidmo?e lto than one thou- sand dollars of stock. 1866, 290, T 1870, 224, 52. P. S. 106, 73. 186 Mass. 373. Gaslight et p may 8 ' SSL 18^5, 146, CO-OPERATIVE ASSOCIATIONS. SECTION 69. A corporation which is organized for the purposes set forth in section seven shall distribute its i . , , -, profits or earnings among its workmen, purchasers and stockholders at such times and in such manner as shall be prescribed by its by-laws, and as often at least as once i n twelve months ; but no distribution shall be made unless a ^ l eas t ten per cent of the net profits have been appropri- ated for a contingent or sinking fund, until an amount has accumulated equal to thirty per cent of its capital stock. SECTION 70. No person shall hold shares in any co- operative association to an amount exceeding one thou- . in 1111 sand dollars at their par value, nor shall any stockholder -| -IT i i*< be entitled to more than one vote upon any subject. GAS, PNEUMATIC, ETC., COMPANIES. SECTION 76. Gas light companies, corporations organ- ized for the purpose of transporting the United States mail, merchandise and other articles by means of pneu- ma tic pressure or power, corporations engaged in or organ- MANUFACTURING AND OTHER CORPORATIONS. 133 ized for the purpose of manufacturing, buying, selling, G. s. 6i, ie. 1870 224 distributing or dealing in artificial cold and refrigerating 56/353,' and cooling materials and corporations organized for any Is 2 -, 202, of the purposes mentioned in section nine may, with the p.V a io6?" consent in writing of the mayor and aldermen of a city or | 8 7 8 5 g t 240> the selectmen of a town, dig up and open the ground in ' any of the streets, lanes and highways thereof, so far as 5 1. 4gg is necessary to accomplish the objects of the corporation ; 12 Alien, 75. but such consent shall not affect the right or remedy to re- see as to con- ' cover damages for an injury caused to persons or property by the acts of such corporations. They shall put all such streets, lanes and highways into as good repair as they 1909 > 103 ' were in when opened ; and upon failure so to do within a reasonable time, shall be guilty of a nuisance. Revised Laws, Chapter 47, 21. SECTION 21. No state highway shall be dug up for laying or Laying pipes, placing pipes, sewers, poles, wires or railways or for other pur- trees, etc., poses, and no tree shall be planted or removed or obstruction isUs.VTe, placed thereon, without the written permit of the highway com- [iop. A. G. mission, and then only in accordance with the regulations of said 317 ^ commission ; and the work shall be done under the supervision and to the satisfaction of said commission, and the entire expense of replacing the highway in as good condition as before shall be paid by the persons to whom the permit was given or by whom the work was done ; but a city or town may dig up such state highway without such approval of the highway commission in case of imme- diate necessity; but in such cases it shall be forthwith replaced in as good condition as before at the expense of the city or town. Said commission shall give suitable names to the state highways, ^vSi to^tate and may change the name of any way which becomes a part o a highways ; state highway. They shall erect suitable guide posts at convenient be erected, points along state highways. SECTION 77. If a person who is injured in his person Gaslight ,/.. 1 i i i 11 companies, or property by a defect in a highway which is caused by etc., liable to , r ,: J ,. i .-i -, > repay dam- the operations of a company or corporation described in ages, etc. the preceding section in laying down or repairing its pipes p 86 s'io6,' or otherwise obstructing such way recovers damages there- [^ 544) for of the city or town wherein such injury is received, such city or town shall, if such company or corporation is liable for said damages and has reasonable notice to ap- pear and defend the original action, be entitled to recover 134 MANUFACTURING AND OTHER CORPORATIONS. Gas light companies, etc. to be regu- lated by select- men, etc. 1855, 146, 3. G. S. 61, 17. 1870, 224. 57. P. S. 106, 77. See as to con- duits, etc., for steam and hot water. 1909, 103. Other com- panies may hold gas stock. 1855, 146, 4. G. S. 61, 18. 1870, 224, 58. Gas for heat- ing, etc., pur- poses. 1885, 240. Interest upon guaranty funds. 1901, 470. of such company or corporation the damages so recovered from it with the taxable costs of both parties in such ac- tion. SECTION 78. The mayor and aldermen of a city or the selectmen of a town in which pipes or conductors of such company or corporation are sunk may regulate, restrict and control all acts and doings of such company or cor- poration which may in any manner affect the health, safety, convenience or property of the inhabitants of such city or town. SECTION 79. A manufacturing or other corporation which has its place of business in a city or town in which a gas light corporation proposes to manufacture gas for light may hold not more than ten per cent of the capital stock of such gas corporation. P. s. ioe, 78. R. L. 126, 11. SECTION 80. Corporations which are organized under the provisions of section nine for the purpose of making, selling and distributing gas for heating, cooking, chemical and mechanical purposes shall have all the powers and privileges and be subject to all the duties, restrictions and liabilities of gas light companies under the general laws. Gas used for such purposes, except illuminating gas as de- fined by section fourteen of chapter fifty-eight, shall not be used for domestic purposes unless connected with a chimney or flue having direct connection with the open air. Whoever violates the provisions of this section shall be punished by a fine of not more than twenty dollars for each offence. SECTION 81. If a corporation which has a franchise in and the use of the public streets of a city or town for the supply and distribution of gas, water, electric light or power, or for the maintenance of communication by wire or otherwise, holds for a longer period than six months money which is collected in advance from its customers to guarantee it against loss of charges or tolls, it shall pay annually upon said guaranty fund interest at the rate of four per cent per annum to the depositor thereof, which shall be applied to the payment of charges and tolls by said depositors. The annual return required of such cor- poration by section fifty-one shall include a true statement of all moneys, and of the value of any collateral, so held as a guaranty for the payment of charges or tolls, specify- ing the amount so deposited by the inhabitants of each MANUFACTURING AND OTHER CORPORATIONS. 135 city or town. If such corporation fails or neglects to make such return or fails, neglects or refuses to pay such in- terest it shall be punished by a fine of not less than one hundred nor more than five hundred dollars for each offence. CONFIRMATION OF ORGANIZATION OR PROCEEDINGS. SECTION 82. If doubts arise as to the legality of the Confirmation f , i i , -i -i , 1 of orgamza- or;anization 01 a corporation wnicn was intended to be tion. Jxl, ' -L _* xU 1855 478 ' formed under the provisions of chapter sixty-one of the 3. General Statutes or of any general or special statute con- isee, 290, ferring similar rights upon corporations organized under | 8 4 7 0> 224, its provisions, its stockholders, at a special meeting called } 8 6 7 ^ t 349i for the purpose in the manner provided in section seven- teen or by a justice of the peace upon the written request 79 - therefor of a majority of the acting directors, may by vote confirm such organization and all proceedings under it, and by so doing and depositing and filing a copy of such vote in the office of the secretary of the commonwealth, such corporation and its subsequent acts shall be held legal and valid, as if the original organization had been legal. SECTION 83. If doubts arise as to the legality of the organization of any corporation created by special charter for a purpose mentioned in this chapter, which is in the 2. ' exercise of its franchise, or as to the regularity or suffi- so'. ciency of the proceedings of any such corporation, whether created by special charter or formed under general laws, in consequence of failure subsequent to the organization to comply with the directions or requirements of any stat- ute, the stockholders, at a special meeting called for the purpose in the manner provided in the preceding section, may by vote confirm such defective proceedings and all sub- sequent proceedings of the corporation dependent thereon. The clerk shall thereupon make a certificate under oath setting forth the particular matters especially causing the doubt, and a copy of the call of the meeting and of the vote of the stockholders, and the date of holding the meet- ing, which he shall present to the commissioner of corpo- rations, who shall examine the same, and, if he finds that the provisions of this section have been complied with, shall so certify by indorsement thereon. Upon filing the certificate so indorsed in the office of the secretary of the 136 MANUFACTURING AND OTHER CORPORATIONS. Warrants of distress against cor- porations for damages. 1810, 131, 4. R. S. 44, 20. 1847, 259, 5. G. S. 68, 24. P. S. 105, 29. Attachment of franchise on mesne process. 1810, 131, 3. R. S. 44, 11. Sale of, on execution, etc. 1810, 131, 1. 1824, 121, 1. R. S. 44, 12. G. S. 68, 26. P. S. 105, 31, 5 Gush. 509. 170 Mass. 203. Mode of sale. 1810, 131, 1. 1824, 121, 1. R. S. 44, 13. G. S. 68, 27. P. S. 105, 32. Adjournment. 1810, 131, 5. R. S. 44, 14. G. S. 68, 28. P. S. 105, 33 Highest bid- der, how determined. 1810, 131, 2. R. S. 44, 15. G. S. 68, 29. P. S. 105, 34. commonwealth, such proceedings shall be taken to be legal and valid as fully as if the requirements of the statutes had been complied with. Revised Laws, Chapter 109, 41 to 57, inclusive. ATTACHMENT AND SALE OF FRANCHISE. SECTION 41. If, by an order of county commissioners or by the verdict of a jury, damages have been assessed for an injury to property by the doings of any corporation which is authorized to receive toll, except a railroad corporation, and the damages re- main unpaid for thirty days after the order or verdict, the owner thereof may have a warrant of distress against the corporation for such damages, with interest thereon and costs. SECTION 42. The franchise of a corporation which is author- ized to receive toll, and all the rights and privileges thereof, shall be liable to attachment on mesne process. G. S. 68, 25. P. S. 105, 30. 5 Gush. 509. 11 Allen 71. 171 Mass. 61. SECTION 43. If a judgment is recovered against a corporation which is authorized to receive toll, its franchise and all the rights and privileges thereof, so far as relate to the receiving of toll, and all other corporate property, real and personal, may be taken on execution or warrant of distress and sold by public auction. SECTION 44. The officer who has such execution or warrant of distress shall, thirty days at least before the sale of any franchise or other corporate personal property, give notice of the time and place of sale by posting a notice thereof in the city or town in which the corporation is established or has its principal place of business, and by causing an advertisement of the sale, stating the name of the creditor, the amount of the execution or warrant of distress, and the time and place of sale, to be inserted three weeks successively in a newspaper, if any, published in said city or town; otherwise in a newspaper published in the county in which such city or town is situated; the last publication to be at least four days before the sale. SECTION 45. The officer who levies such execution or warrant of distress may adjourn the sale for not more than seven days, and so from time to time until the sale is completed. SECTION 46. In the sale of such franchise, the person who satis- fies the execution or warrant of distress with all legal fees and expenses thereon and who agrees to take such franchise for the shortest period of time and to receive during that time all such toll as the corporation would by law be entitled to demand shall be considered the highest bidder. MANUFACTURING AND OTHER CORPORATIONS. 137 SECTION 47. The officer's return on the execution or warrant Officer's re- of distress shall transfer to the purchaser all the privileges and fer "he right 8 immunities of the corporation, so far as relate to the right of demanding toll ; and the officer shall, immediately after the sale, fj 2 g 44 16 deliver to the purchaser an attested copy of 'the execution or war- 31. Jr. o. lUo, tion would have been entitled to recover during the time limited 36. in the purchase of the franchise ; and during that time, the corpo- ration shall not be entitled to prosecute for such penalties. SECTION 49. The corporation whose franchise has been so sold Liabilities to shall in all other respects retain its powers, be bound to the per- mo, 13 1. 2. formance of its duties and be liable to the same penalties and G.' s. 68,' 32! forfeitures as before the sale. ^' 3 ' 105 ' SECTION 50. The corporation may, at any time within three Redemptu months after the time of sale, redeem the franchise by paying or tendering to the purchaser or his assigns the amount which he fj 2 g 44 19 paid, with twelve per cent interest thereon, but without any allow- ** |- J^S 33 - ance for the toll which he has received; and upon such payment or 38. tender, the franchise and all the rights and privileges thereof shall revert and belong to the corporation as if no such sale had been made. SECTION 51. All proceedings under the provisions of the ten Vemie of pro- preceding sections shall be in the county in which the creditor igio, Si, 6. resides or the corporation is established or has its principal place ' | - 1|' | \\' of business. |- 3 | 1Q 5. DISSOLUTION OF CORPORATIONS. SECTION 52. If a majority in number or interest of the mem- Dissolution of bers of a corporation desire to close its affairs, they may file a i852^55^ petition therefor in the supreme judicial court or the superior ft. J' ^ 35. court, setting forth in substance the grounds of their application, J 4 |; 105 ' and the court, after notice to parties interested and a hearing, g^** 7 ' 119> may decree a dissolution of the corporation. A corporation so 9 Gray, 34 dissolved shall be held to be extinct in all respects as if its cor- 99 Mass.' 267.' .,.,.. ,. ., 7. 119 Mass. 447. porate existence had expired by its own limitation. 138 MANUFACTURING AND OTHER CORPORATIONS. 7. 36. Continuation for three years to close con- cerns. 1819, 43. R. S. 44, i G. S. 68, i P. S. 105, 41. 22 Pick. 180. 23 Pick. 345. 16 Mass. 245. 123 Mass. 32. 161 Mass. 443. 185 Mass. 505. Receivers. 1833, 145. R. S. 44, 8, 9. 1852, 55, 2. G. S. 68, 37, 38. P. S. 105, 42,43. 1884, 203. 157 Mass. 81. Amended. 1905, 156. Receivers to pay debts and distribute surplus. 1833, 145. R. S. 44, 10. 1852, 55, 2. G. S. 68, 39. P. S. 105, 44. 1 Gray, 382. Surrender of certificate of incorpora- tion. 1898, 502. SECTION 53. Every corporation whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose corporate existence for other purposes is terminated in any other manner, shall nevertheless be continued as a body corporate for three years after the -time when it would have been so dissolved, for the purpose of prosecuting and defending suits by or against it and of enabling it gradually to settle and close its affairs, to dispose of and convey its property and to divide its capital stock, but not for the purpose of continuing the business for which it was established. SECTION 54. If the charter of a corporation expires or is an- nulled, or if the corporation is dissolved as provided in section fifty-two, or if its corporate existence for other purposes is ter- minated in any other manner, the supreme judicial court or the superior court, upon application of a creditor, stockholder or member, shall have jurisdiction in equity to appoint one or more receivers to take charge of its estate and effects and to collect the debts and property due and belonging to it ; with power to prose- cute and defend suits in its name or otherwise, to appoint agents under them and to do all other acts which might be done by such corporation, if in being, which may be necessary for the final settlement of its unfinished business. The powers of such re- ceivers and the existence of the corporation may be continued as long as the court finds necessary for said purposes. SECTION 55. The receivers shall pay all debts due from the cor- poration if the funds in their hands are sufficient therefor; and if they are not they shall distribute them ratably among the credi- tors who prove their debts in the manner directed by any decree of the court for that purpose. If there is a balance remaining after the payment of the debts, the receivers shall distribute and pay it to those who are justly entitled thereto as having been stockholders or members of the corporation, or their legal repre- sentatives. SECTION 56. If a petition, signed and sworn to by a majority in number or interest of the members of a corporation organized under the general laws, except a corporation created for the pur- pose of business or profit having a capital stock divided into shares or which is under the supervision of the insurance com- missioner, has, with the certificate of incorporation, been filed in the office of the secretary of the commonwealth stating that such members desire to surrender the certificate of incorporation and to have the corporation dissolved and giving their reasons therefor, the secretary, if he considers such reasons sufficient, shall require the petitioners to publish a notice in one or more newspapers in MANUFACTURING AND OTHER CORPORATIONS. 139 the county in which the corporation is located that, for reasons which appear to him to be sufficient, the certificate of incorpora- tion of the corporation therein named is annulled. Upon the filing by the petitioner with the secretary of a copy of each news- paper in which the notice of dissolution was ordered to be pub- lished, the corporation shall be dissolved, subject to the provisions of the three preceding sections. SECTION 57. If a corporation is dissolved, the clerk of the Returns to court in which the decree for dissolution is entered shall forthwith dissolution? make return thereof to the secretary of the commonwealth, giving p 8 g '^' the name of the corporation dissolved and the date upon which 45 - such decree was entered. PENALTIES FOR OMISSIONS TO FILE CERTIFICATES, ETC. SECTION 84. A corporation which, being subject to the Penalties for provisions of this chapter, omits to cause to be filed any fiSVertfncates. certificate or copy which is required by sections fifty-one, Jsee', 290! fifty-four and fifty-five shall forfeit two hundred dollars, | 8 9 rf 0> 2 24, to be recovered by action of tort brought in the name of the | 8 6 7 7> 57 commonwealth in the county of Suffolk or in the county Fjl^gj' in which the corporation is established ; and its president, 1887/225. treasurer and directors, for the time being, shall in addition be jointly liable in a like amount for such omission; and all forfeitures by a corporation under the provisions of this chapter may also be collected by information in equity, which may be brought in the county of Suffolk and shall be brought in the supreme judicial court in the name of the attorney general, at the relation of the commissioner of cor- porations ; and upon such information the court may issue an injunction restraining the further prosecution of the business of the corporation named therein until such for- feitures, with interest and costs, are paid and until the returns required by this chapter are filed. SECTION 85. If an officer unreasonably refuses to give Penalty for the certified list mentioned in section sixty-one or wilfully JJvScertmed gives a false list, he shall be liable to the judgment creditor Jl^ 219, 2. for double the amount of all damages occasioned by such | 8 6 7 ' 224> refusal or false list. *- 8 f ' 106 ' FEES. SECTION 86. The fees for filing and recording the cer- Fees for filing, , n i i i i , i i 1 i i etc., certifi- tificates w r hich are required by this and the preceding chap- cates. ter to be filed with the secretary of the commonwealth shall lis?, 225. be as follows: 1896 ' 369 ' 140 MANUFACTURING AND OTHER CORPORATIONS. Fees for filing, etc., certifi- cates of organ- ization. 1863, 231, 2. 1865, 76. 1870, 224, 59. 1871, 356. Amended. 190S, 219; 382. of increase of capital. 1863, 231, 2. 1865, 76. 1871, 356. 1896, 523, 2. Amended. 1908,382. of change of business. 1875, 177, 4. 1879, 202, 2. of con- dition. 1870, 224, 59. of change of name. 1896, 523, 1. other cer- tificates. 1870, 224, 59. Copies. 1870, 224, 59. Stricken out. 190S, 382. For filing and recording the certificates required by sec- tions twenty and twenty-one, including the issuing of the certificate of organization by the secretary, one-twentieth of one per cent of the amount of the capital stock as fixed by the agreement of association ; but not less in any case than five [nor more than two hundred] dollars. For filing and recording the certificate required by sec- tion fifty-four, one-twentieth of one per cent of the amount by which the capital is increased ; [but the amount so to be paid shall not, if added to the amount previously paid for filing and recording certificates under the provisions of sections twenty, twenty-one and fifty-four, exceed two hun- dred dollars ; and a corporation which has so paid two hundred dollars shall pay a fee of one dollar for each cer- tificate thereafter filed and recorded under the provisions of section fifty-four.] [For filing and recording the certificates required by sec- tions forty-seven and forty-eight, one dollar for each cer- tificate.] 1895,169. Stricken out. 1908,382. [For filing and recording the certificate required by sec- tion fifty-one, five dollars.] stricken out. 1908,332. [For filing and recording the certificate required by sec- tion ten of chapter one hundred and nine, one dollar.] Stricken out. 1908, 382. [For filing and recording any other certificate required by law, One dollar.] 1896, 523, I. Stricken out. 1908, 382. [For official copies of any of the records mentioned in this chapter, the rates now fixed by chapter two hundred and four for copies of similar records furnished by the secretary of the commonwealth.] TRANSMISSION OF ELECTRICITY. 141 CHAPTER 122. OF COMPANIES FOR THE TRANSMISSION OF ELEC- TRICITY. (Omitting sections relating to telegraph and telephone companies only.) SECTIONS 1,2. Construction of lines upon Highways. SECTIONS 3-5. Damages of Land Owners. SECTIONS 6-8. Capital and Debts. (Omitted.) SECTIONS 9-11. Telegraph Companies. (Omitted.) SECTIONS 12-14. Telephone Companies. (Omitted.) SECTION 15. Damages. (Omitted.) SECTIONS 16, 17. Protection and Marking of Wires. SECTIONS 18, 19. Officers to Supervise Wires. SECTIONS 20, 21. Poles to be Insulated. SECTIONS 22, 23. Wires, etc., not to be affixed without Permission. To be marked. SECTIONS 24-30. General Provisions. CONSTRUCTION OF LINES UPON HIGHWAYS. SECTION 1. A company which is incorporated for the Construction transmission of intelligence by electricity, or by telephone, 1849, 98, 2. whether by electricity or otherwise, or for the transmission P'. s. 109; of electricity for lighting, heating or power, except lines f 8 2 8 ' 3) 221. for heat or power by a street railway company, may, under the provisions of the following sections, construct lines for such transmission upon and along the public ways and J|ij- Magg 20 across any waters within the commonwealth, by the erection 182 Mass! 400! of the poles, piers, abutments and other fixtures, except iss Mass'. 253'. bridges, which may be necessary to sustain the wires of ' its lines ; but shall not incommode the public use of public ways nor endanger or interrupt navigation. [SECTION 2. The mayor and aldermen of a city or the Location; etc., selectmen of a town through which the lines of a company Sdennen, a etc. are to pass shall give the company a writing specifying G 8 s 9 '64 3 ' 3 3 ' where the poles may be located, the kind of poles and the *' 3 S - 109> height at which, and the places where, the wires may run. Ifwl^fh After the erection of the lines, having first given the com- iss Mass. 75 . " _ _ *"-~ _ _ _ m loo .M .'iss. *Ju(J. pany or its agents opportunity to be heard, they may direct 182MWM.400. any alteration in the location or erection of the poles, piers 100^237. or abutments and in the height of the wires. Such specifi- cations and decisions shall be recorded in the records of the city or town.] Section 2. The mayor and aldermen of a. city or the selectmen of a town through which the lines of a company are to pass shall give the company a writing specifying 142 TRANSMISSION OF ELECTRICITY. where the poles may lie located, the kind of poles, the 1906, 117. height at which, and the places ivhere, the wires may run. 202 Mass. 403. , y ,,,--, -, Any company, except street railway companies, desiring permission to erect poles, piers, abutments or other fixtures upon or along any public way shall, in writing, petition the said mayor and aldermen or selectmen therefor. A public hearing shall be held on such petition,, and written notices of the time and place at wJiicli such hearing will be held shall be mailed at least three days before said hearing, by the clerk of the city or the selectmen of the town in ivhich the petition for locations has been made, to the owners of real estate along the ways or parts of ways upon which it is proposed to construct said line, as determined by the last preceding assessment for taxation. The clerk of the city or the selectmen of the town shall endorse upon the order or specification of locations granted, his or their certificate that notices were sent and a hearing held as herein provided, and no such order or specification shall be valid without such certificate. After the erection of the lines the mayor and aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without hearing or notice, direct any alteration in the location or erection of the poles, piers or abutments, and in the height of the wires; and no permit shall be required for renewing, re- pairing or replacing poles, piers, abutments or other fix- tures once erected under the provisions of law. Such cer- tificates, specifications and decisions shall be recorded in the records of the city or town. Revised Laws, Chapter 25, 52, 53, 54, 55, 83. Selectmen SECTION 52. The selectmen may, upon terms and conditions private lines? 6 prescribed by them, and subject to the provisions of chapter one 18^69,457, hundred and twenty-two, so far as applicable, authorize a person 1883 2 22i 45< to construct lines for private use .upon, along and under the pub- 1895* 350' ^ c wavs f the town for the transmission, by electricity, of light, 182 Mass. 400. or o f heat or power, except such as is used by street railway companies or for the transmission, by electricity or otherwise, of intelligence by telegraph or telephone. Upon the construction of such line, the poles and structures thereof within the location of such ways shall become the property of the town, and the se- lectmen may regulate and control the same, may at any time re- TRANSMISSION OF ELECTRICITY. 143 quire the persons using the same to make alterations in the location or construction thereof and may, after notice and a hear- ing 1 , order the removal thereof. The town may at any time attach wires for its own use to such poles and structures, and the select- men may permit other persons to attach wires for their private use thereto or to poles and structures constructed by the town, and may prescribe reasonable terms and conditions therefor. SECTION 53. Whoever unlawfully injures or destroys any wire, Penalty for pole, structure or fixture of any such line shall be punished by a same. y fine of not more than five hundred dollars or by imprisonment 8 3 69 ' 4 ' for not more than two years, or by both such fine and imprison- p> S- 27> 46 ' ment. SECTION 54. The selectmen may, within their respective towns, Towns may regulate tele- permit telegraph and telephone lines to be laid under any way or graph, etc., square, and may establish reasonable regulations for the erection 1880/83, i. and maintenance of all lines for the transmission of intelligence 1888,221. by telegraph or telephone, by electricity or otherwise, or for the transmission by electricity of light, or of heat or power except such as is used by street railway companies, by every person having authority to place poles, wires, structures and other ap- pliances for any purpose in or under public ways or places, in- cluding all lines owned or used by said towns. SECTION 55. The town shall forthwith in writing give notice Proceedings, 00 if regulations in detail to the owner, constructor or person using any line therein are violated. which is constructed or maintained in violation of such regula- p. s/27,' 48. 1 8Q1 293 tions; and if thereafter such unlawful construction is continued or if said lines are not within a reasonable time so altered as to conform to said regulations, the supreme judicial court or the su- perior court shall have jurisdiction in equity to enjoin the further progress of said work, or to order such line to be removed or altered at the expense of the owners, constructors or persons using the same. If such line belongs to or is used by a town, like action may be taken upon complaint of a person injured, after such notice to the town as the court may order. SECTION 83. If road commissioners are chosen in a town, they R ? ad com ' missioners, shall exclusivelv have the powers, perform the duties and be sub- powers, ~ duties, etc. ject to the liabilities and penalties of selectmen and surveyors of 1871, 158, 2. highways relative to streets, ways, bridges, monuments at the p. s/27,'8 75. 1 . termini and angles of streets, guide posts, sidewalks and shade 2 3.' trees, and, if sewer commissioners are not chosen, relative to 1^5 Mass. 561, Sewers and drains. 164 Mass. 263. 174 Mass. 451. 182 Mass. 199. 146 Mass. 43. 144 TRANSMISSION OF ELECTRICITY. Regulation of wires. Revised Laws, Chapter 26, 6. SECTION 6. Regulations established by a city under the pro- 1886783, i. visions of section fifty-four of chapter twenty-five shall be made P. S. 28. 4. . _. by ordinance. Revised Laws, Chapter 48, 85. Reserved spaces in public ways. 1894, 324. RESERVED SPACES IN PUBLIC WAYS. SECTION 85. If the city council of a city or a town accepts the provisions of this section or has accepted the corresponding provisions of earlier laws, the board or officers authorized to lay out streets, highways or town ways may, whether any such street or way is laid out under the provisions of law authorizing the assessment of betterments or otherwise, reserve spaces between the side lines thereof for the use of horseback riders, for bicycle paths or for street railways, except such as may be operated by steam, for drains, sewers and electric wires, for trees and grass, and for planting. Damages caused, by erection of lines. Costs. 1849, 93, 4,5. G. S. 64, 4,5. P. S. 109, 4,5. 1884, 306, 1. 1895, 350. 136 Mass. 75. 172 Mass. 197. DAMAGES OF LAND OWNERS. SECTION 3. An owner of land which abuts upon a pub- lic way along which telegraph or telephone, electric light, heating or power lines are constructed, erected or altered in location or construction by any telegraph or telephone, electric light, heating or power company, whose property is injuriously affected or diminished in value by occupa- tion of the ground or of the air, or otherwise by such con- struction, erection or alteration, whether such owner is also the owner of the fee in such way or not, may, within three months after such construction, erection or alteration, apply to the mayor and aldermen of the city or select- men of the town in which such land is situated to assess and appraise his damages. Before entering upon the ser- vice, the mayor and aldermen or selectmen shall severally be sworn faithfully and impartially to perform the duties herein required. They shall, upon view, make a just ap- praisal in writing of the loss or damage, if any, to the applicant, sign duplicates thereof, and on demand deliver one copy to the applicant and the other to the company or its agent. If damages are assessed, the company shall pay them and the costs of the appraisers. If the appraisers find that the applicant has suffered no damage he shall pay TRANSMISSION OF ELECTRICITY. 145 said costs. The mayor and aldermen and selectmen shall each receive two dollars a day for services performed as appraisers. SECTION 4. If such company does not pay such damages Jof -J nt is assessed, or, upon appeal, the amount of the final judg- Jj^ in JJ^'y ment, within thirty days after demand, the mayor and etc., maybe aldermen or selectmen may, upon request of such owner, is^lo'e, remove all the poles, wires or other structures of such is^'s, 350. company from that portion of the public way upon which the land of such person abuts, first leaving a written state- ment at the office of such company in such city or town of the time when and place where they intend to remove such poles, wires or structures, not less than forty-eight hours prior to such removal. If such company has no office in such city or town, such notice shall be deposited in the post office, postage prepaid, and directed to such company at its office in some city or town in the county. The city or town so removing any such poles, wires or structures may recover the expense thereof of such company. The provisions of this section shall not prevent such owner from collecting the damages assessed. SECTION 5. A person who is aggrieved by the assess- Assessment ment of his damages may have them determined by a jury iwSfl's, 4. in proceedings according to the provisions of section eighty p'. s'. 109, %. of chapter forty-eight. If the jury increase the damages, the amount of the verdict and all charges shall be paid by the company; otherwise, the charges shall be paid by the applicant. PROTECTION AND MARKING OF WIRES. SECTION 16. A person or a corporation, private or Regulations . . , . ,. T/'- concerning municipal, owning or operating a line of wires over or wires in cities under streets or buildings in a city or town shall use only i89o,404,' strong and proper wires safely attached to strong and suffi- i 8 1 9 9> 337) cient supports and insulated at all points of attachment ; f g 1 ^ Mags 583 shall remove all wires the use of which is abandoned ; shall i . i . .-. -. . properly insulate every wire where it enters a building, and, if such wire is other than a wire designed to carry an electric light, heat or power current, shall attach to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an 146 TRANSMISSION OF ELECTRICITY. Names of owners to be attached. 1890, 404, 2. 1899, 320; 337, 2. appliance adapted at all times to prevent a current of elec- tricity of such intensity or volume as to be capable of in- juring electrical instruments or of causing fire from enter- ing the building by means of such wire beyond the point at which such appliance is attached ; and shall properly insu- late every wire within a building which is designed to carry an electric light, heat or power current. SECTION 17. Such person or corporation shall, in cities, affix at the points of support at which any wire or cable containing wires provided for in the preceding section is attached, a tag or mark distinctly designating the owner or user of such wire or cable. No such tag or mark shall be required for the wires of a street railway company, except for its feed wires at points of attachment to poles carrying the feed wires of one or more other street railway com- panies. In towns wherever wires belonging to different owners are attached to the same pole, cross arm or fixture, such pole, cross arm or fixture shall be plainly marked with the name or initials of the owner of the same, and such wires, at or near their points of attachment to such pole, cross arm or fixture, shall be tagged or marked with the names or initials of their owners. Inspector of wires; duties. 1890, 404, 13,4. 1899, 337, 3,4. OFFICERS TO SUPERVISE WIRES. SECTION 18. A city shall, by ordinance, designate or provide for the appointment of an inspector of wires, and any town may, at an annual town meeting, instruct its selectmen to appoint such an inspector. Such inspector shall supervise every wire over or under streets or buildings in such city or town and every wire within a building which is designed to carry an electric light, heat or power current, shall notify the person or corporation owning or operating any such wire whenever its attachments, insula- tion, supports or appliances are improper or unsafe, or whenever the tags or marks thereof are insufficient or illegi- ble, shall, at the expense of the city or town, remove every wire the use of which has been abandoned and every wire which is not tagged or marked as hereinbefore required, and shall see that all laws and regulations relative to wires are strictly enforced. A city or town may recover in an action of contract of the person or corporation owning any wire so removed the expense which it has incurred for the removal thereof. TRANSMISSION OF ELECTRICITY. 147 SECTION 19. The supreme judicial court or the superior Provisions court shall have jurisdiction in equity upon petition of the SXorcedin officer or inspector designated or appointed as aforesaid, i89o, y 404, to enforce the provisions of the three preceding sections 5> and to restrain the use or maintenance, or to cause the removal, of any wire, pole or other support which is erected, maintained or used in violation of the provisions of said sections. POLES TO BE INSULATED. SECTION 20. Poles which are used for the transmission insulation of electricity shall be insulated in such manner as to pro- 1895, 223, tect employees and other persons from accidents. The 1> 2 ' officer and inspector of wires appointed under the authority of section eighteen or the commissioner of wires of the city of Boston shall enforce the provisions of this section, and he shall be the sole judge of what constitutes a proper insulation. SECTION 21. A person or corporation owning poles which are used for the transmission of electricity who fails 3. to comply with the provisions of the preceding section shall be punished by a fine of not less than ten nor more than one hundred dollars for every pole left uninsulated for an unreasonable time after a request for a proper insulation by the officer, inspector or commissioner acting under the provisions of the preceding section. TO BE MARKED. SECTION 22. A corporation or person maintaining or Affixing tele- operating telephone, telegraph or other electric wires or any other person who in any manner affixes or causes to be affixed to the property of another any pole, structure, fix- g 8 ^ 4 ' 302< ture, wire or other apparatus for telephonic, telegraphic or other electrical communication, or who enters upon the property of another for the purpose of affixing the same, without first obtaining the consent of the owner or lawful agent of the owner of such property, shall, on complaint of such owner or his tenant, be punished by a fine of not more than one hundred dollars. SECTION 23. A corporation or person maintaining or Name of cor- operating telephone, telegraph or other electric wires shall, pS? or n ( at all places where such wires are affixed by any pole, struc- 1884*802 2 201 Mass. 279. 148 TRANSMISSION OF ELECTRICITY. ture or fixture to the property of another, mark such pole, structure or fixture in a clear, durable and legible manner with the name of the corporation or person maintaining or operating such wires, and any corporation or person who fails to comply with the provisions of this section shall be punished by a fine of not more than one hundred dollars. Unincorpo- rated com- panies. 1849, 93, 1, 6. 1851,247, 2. G. S. 64, 13. No easement obtained by poles, etc. 1851, 247, 1. G. S. 64, 14. P. S. 109, 15. Injury to lines, wires, etc. 1849, 93, 7. G. S. 64, 15. P. S. 109, 16. Amended. 1908, 233. Wires may be cut, when. 1869, 141, 1. P. S. 109, 17. 188 Mass. 265. SECTION 25. Owners and associations engaged in the business specified in section one of this chapter, although not incorporated, shall be subject to the provisions of this chapter, so far as they are applicable. P. S. 109, | 14. 13 Allen, 226. 97 Mass. 555. SECTION 26. No enjoyment, for the purposes specified in section one of this chapter, by a person or corporation for any length of time of the privilege of having or main- taining poles, wires or apparatus in, upon, over or attached to any building or land of other persons shall give a legal right to the continued enjoyment of such easement or raise any presumption of a grant thereof. SECTION 27. Whoever unlawfully and intentionally in- jures, molests or destroys any line, wire, pole, pier or abut- ment, or any of the materials or property of any street rail- way company, of any electric railroad company, or of any city or town engaged in the manufacture and sale of elec- tricity for light, heat or power or of any company, owner or association described in sections one and twenty-five shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or by both such fine and imprisonment ; and whoever shall do any of the acts prohibited by this section between the hours of four o'clock in the afternoon and seven o'clock in the morning shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than four years, or by both such fine and imprisonment. SECTION 28. Whoever, in order to move a building, or for any necessary purpose, desires to cut, disconnect or remove the wires of any such company, may do so, exer- cising reasonable care, if he has first left a written state- ment, signed by him, of the time when, and the place, de- scribed by reference to the crossings of streets or highways, where he wishes to remove said wires, at the office of the company in the town in which such place is situated, twentv-four hours before the time so stated, or, if there is TRANSMISSION OF ELECTRICITY. 149 no such office, if he has deposited such statement in the post office, properly prepaid, and directed to the company at its office nearest to said place, three days before the time mentioned in said statement. SECTION 29. Whoever wilfully cuts, disconnects, re- Penalty for moves or otherwise interrupts the use of the wires of any SSthcmt** such company, without first giving notice as provided in 1869*141, the preceding section, shall be punished as provided in p 2 s.'io9,' section twenty-seven. is* SECTION 30. The provisions of the two preceding sec- Limitation tions shall not apply to any wires attached to poles which seSnl dir have not been erected in compliance with the provisions 8 3 69 ' 141> of law. 109 ' 150 BOSTON CONSOLIDATED GAS COMPANY. ACTS EELATING TO THE BOSTON CONSOLIDATED GAS COMPANY. Certain com- panies in Boston and vicinity may consolidate. Incorpora- tion of the Boston Con- solidated Gas Company. ACTS OF 1903, CHAPTER 417. AN ACT TO PROVIDE FOR THE CONSOLIDATION OF CERTAIN GAS COMPANIES IN THE CITY OF BOS- TON AND VICINITY. SECTION 1. The Boston Gas Light Company, the Brook- line Gas Light Company, the Bay State Gas Company, the Roxbury Gas Light Company, the South Boston Gas Light Company, the Dorchester Gas Light Company, the Jamaica Plain Gas Light Company and the Massachusetts Pipe Line Gas Company, all being corporations organized under the laws of this Commonwealth, may unite and consolidate in one company in the manner and upon the terms and conditions hereinafter set forth. SECTION 2. For the purpose of facilitating such union and consolidation, Robert Winsor, Samuel Carr, James L. Richards, S. Reed Anthony, Charles G. Smith, Robert E. Townsend, Henry B. Chapin, William S. Spaulding, 'Neal Rantoul and Charles Augustus Stone, their associates and successors, upon complying with the provisions of chapter one hundred and ten of the Revised Laws relating to the formation of corporations, so far as the same may be appli- cable and not inconsistent herewith, and upon their accept- ance in and by their agreement of association, of the pro- visions of this act, shall be a corporation under the name of the Boston Consolidated Gas Company, for the purpose of making, selling and distributing gas "for light or for heating, cooking, chemical and mechanical purposes, with all the powers and privileges and subject to all the duties, restrictions and liabilities set forth in this act, and, except as otherwise provided herein, in all general laws now or hereafter in force and applicable to such corporations, and, except as otherwise provided herein, in all special laws now governing the corporations mentioned in section one, so far as the same are applicable to said Boston Consoli- dated Gas Company and not inconsistent herewith. BOSTON CONSOLIDATED GAS COMPANY. 151 SECTION 3. The corporations named in section one are Certain prop- 1 n ,1 i c , , . , . reby severally authorized, upon vote of two thirds in interest of their stockholders, respectively, at a meeting legally called for that purpose, to assign, transfer and con- pany?etc. vey their property, locations, rights, licenses, powers, priv- ileges and franchises except as may otherwise be provided in this act, to the Boston Consolidated Gas Company, which is hereby authorized, when all the companies named in section one shall have so voted and that fact shall have duly been certified to the board of gas and electric light commissioners, upon vote of its incorporators or two thirds in interest of its shareholders at a meeting legally called for that purpose, to acquire the same as provided in sections four and five of this act, and upon such assignment, trans- fer and conveyance by all the corporations mentioned in section one the said Boston Consolidated Gas Company shall succeed to and hold and enjoy the said property, loca- tions, rights, licenses, powers, privileges and franchises of the several corporations named in section one, except as may otherwise be provided in this act; but the said Boston Consolidated Gas Company shall have no authority to manufacture or sell electricity for light, heat or power, or to construct lines or conduits for the distribution of the same, except in the town of Brookline, in that part of the city of Boston formerly called Brighton, and in so much of the city of Boston as was formerly part of the town of Brookline, without first obtaining the consent of the board of gas and electric light commissioners therefor, so far as may be required by all general laws now or hereafter in force, and complying with all general laws applicable thereto. SECTION 4. [Said Boston Consolidated Gas Company Capital stock. shall have authority, for the purpose of acquiring the prop- erty, locations, rights, licenses, powers, privileges and fran- lm chises of the several corporations mentioned in section one, to issue such an amount of capital stock as may be approved by the board of gas and electric light commissioners as be- ing equal at par to the fair value of the plants and property of the several corporations, as the same shall be determined by said board, on application of the Boston Consolidated Gas Company, after notice and a public hearing. Such value shall be determined without enhancement on account of the value of franchises or earning capacity, or on account 152 BOSTON CONSOLIDATED GAS COMPANY. Appeal may be made to supreme judi- cial court in certain cases, etc. Repealed. 1905,421, II. The Boston Consolidated Gas Company to acquire stock of corpo- rations whose properties are purchased. Repealed. 1905, 421, 1. To assume certain lia- bilities, etc. Repealed. 1905,421, 1.1. Proviso. Capital stock of Boston Consolidated Gas Company. 1905,421, 1 of exclusive privileges derived from rights in the public streets, or of good will, and there shall be deducted from the amounts of capital stock so to be issued such an amount as will equal at par any indebtedness of the corporations mentioned in section one which may be assumed by said Boston Consolidated Gas Company as hereinafter in this section provided.] [The attorney-general, if he deems that the public in- terest so requires, the mayor of the city of Boston, the selectmen of the town of Brookline, the Boston Consoli- dated Gas Company, and any one of the corporations men- tioned in section one, if aggrieved by the determination of the board may, within fourteen days after notice of such determination, or after such further time as the supreme judicial court may allow, appeal therefrom to the supreme judicial court, and upon the filing of such claim of appeal, together with a statement of objections to matters of fact or law, the supreme judicial court shall have jurisdiction in equity to hear and determine the same as upon the report of a master, and may enter such decrees or orders thereon as the case may require, and may recommit the matter to the board for further action by them in accord- ance with the requirements of such decree or order of recommital.] [Said Boston Consolidated Gas Company shall, so far as possible, acquire all the stock of the corporations whose properties are purchased as provided in section three, and the purchase price of the property of each corporation, whether paid in stock, or cash, or by the assumption of indebtedness, or part in each, shall be such amount as said board may approve as being the fair value of the plants and property of such corporation determined as herein- before provided.] [Said Boston Consolidated Gas Company shall assume and pay all debts and liabilities of the corporations men- tioned in section one, in so far as the same shall not be paid or provided for out of the purchase price paid to said cor- porations: provided, however, that the adjustment and satisfaction of all debts and liabilities of said corporations to one another shall be subject to the approval of the board of gas and electric light commissioners.] Said Boston Consolidated Gas Company for the purpose of acquiring the property, locations, rights, licenses, powers, BOSTON CONSOLIDATED GAS COMPANY. 153 privileges and franchises of the several corporations men- tioned in section one, shall have authority to issue an amount of capital stock equal at par to the aggregate of the par value of the existing stock of the corporations men- tioned in section one and the face value of the outstanding bonds, notes and certificates of indebtedness as of October thirty-one, nineteen hundred and four,, to wit: Stock to the aggregate par value of fifteen million, one hundred and twenty-four thousand six hundred dollars, but no more. The corporations mentioned in section one shall pay and ^debtednLs discharge the outstanding bonds, notes and certificates of If corpora- indebtedness from the proceeds of the purchase price of the sale of their property, and said Boston Consolidated Gas Company shall assume and pay all other debts and liabilities of said corporations, except that any indebted- ness of any of the corporations mentioned in section one to another of said corporations shall be extinguished when the consolidation authorized by this act shall have been ef- fected. Said Boston Consolidated Gas Company shall, as far as Boston con- .77 . 7717 * 7 j? 1 7 i - 7 validated Gas possible, acquire all trie stock of trie corporations whose company to properties are purchased, as provided in section three, and o/ the purchase price of the properties of each corporation and ^ of such portion of its stock as may be acquired shall be such sum as the respective corporations may agree to, but the aggregate of the purchase prices paid therefor, after de- ducting therefrom the debts to be assumed by the Boston Consolidated Gas Company, shall not exceed the proceeds of the stock herein authorized, including any premiums which may be paid in thereon. No stock or bonds shall ever be issued for the indebtedness assumed as above pro- vided. Said Boston Consolidated Gas Company may also, from time to time, for any lawful purpose but subject to the stock, etc. general laws applicable thereto, issue additional stock, and the limitation as to the amount of the capital stock of gas companies organized under chapter one hundred and ten of the Revised Laws shall not apply to said Boston Con- solidated Gas Company. SECTION 5. Any stockholder of any corporation selling vaiueof under authority of section three who does not assent to the dissecting purchase authorized by this act may within thirty days h^dS** after the day of the meeting of the selling corporation at miljed ' etc - 154 BOSTON CONSOLIDATED GAS COMPANY. which such sale is voted) file with the clerk of said corpo- ration a writing declaring his dissent therefrom and stating the number of shares held by him and the number or num- bers of the certificate or certificates evidencing the same. The shares of any stockholder dissenting, as above speci- fied, may be valued as hereinafter provided, and the value thereof shall in such case be paid, tendered or deposited to or for account of such stockholder in the manner fol- lowing : Within thirty days after the filing of any stock- holder's dissent, as above provided, such stockholder may file a petition in the supreme judicial court sitting within and for the county of Suffolk, setting forth the material facts and praying that the value of his shares may be deter- mined. Thereupon, and upon such notice to all parties concerned as it may deem proper, said court shall pass an order requiring such dissenting stockholder's certificate or certificates of stock, duly endorsed, to be deposited with the clerk of said court, and shall appoint three commissioners to ascertain and report the value of such dissenting stock- holder's shares. Such report shall be made to the court as soon as practicable, and after due notice to the parties in interest, shall be confirmed by the court, unless some error of law be made to appear upon the face of the report, in which event it shall be recommitted to the commissioners with such order as the court may make, or unless either of the parties to said proceedings shall claim a trial by jury, in which latter event the court shall order the question of the value of the shares to be tried and determined by a jury in the same manner as other civil cases are tried in that court. Upon the payment, or tender, or deposit of the value of said shares, fixed as aforesaid, the shares of such dissenting stockholder and the certificate or certificates thereof shall be transferred to and become the property of the selling corporation, whose right and title thereto and possession thereof may be enforced by the court by any Exceptions appropriate order or process. Exceptions may be taken to may be taken. anv ru ]i n g or order by said court, to be heard and deter- mined by the full court as in other civil cases. The court may make all such orders for the enforcement of the rights of any party to the proceedings, for the consolidation of two or more petitions and their reference to the same com- missioners, for the consolidation of claims for a trial by jury, for the deposit of money in court, and for the pay- BOSTON CONSOLIDATED GAS COMPANY. 155 ment of interest upon the value of the stockholders' shares as determined, and the payment of costs by one party to the other, as justice and the speedy settlement of. the matters in controversy may require. SECTION 6. Said Boston Consolidated Gas Company contracts for shall not purchase any gas until the board of gas and elec- tric light commissioners have found after public hearing that the price to be paid for the gas to be purchased is less than it would cost said Boston Consolidated Gas Company to make its gas in gas works of standard type properly equipped, suitably situated and of sufficient capacity to make all the gas required by the whole district supplied by said company. Said board may from time to time deter- mine the period or periods during which said company may so purchase its gas at the price aforesaid ; and no con- tract for the purchase of gas for more than thirty days shall be made without the approval of said board. No contract which the Boston Consolidated Gas Company shall make for the purchase of any portion of its gas shall in any respect affect any authority conferred on said board by this act or by section thirty-four of chapter one hundred and twenty-one of the Revised Laws or by any general laws which may hereafter be in force to fix the price to be charged by said company for gas. SECTION 7. If in the conduct of its business said Boston Disposition of Consolidated Gas Company shall deem it advisable to sell saf^tc?, of and convey any real estate conveyed to it for the purposes estate, of this act, or if any part of such real estate shall hereafter be taken in the exercise of the right of eminent domain, the proceeds of such sale or sales or condemnation or taking- shall be applied, with the approval of the board of gas and electric light commissioners, to the payment and cancella- tion of obligations of the company, or, with like approval, to any of the purposes for which said board might approve the issue of new capital stock, and, if not thereby exhausted, to the reduction of the capital stock of the company upon such terms as the board may approve. SECTION 8. If in the iudgment of the board of gas and Gasandeiec- .,., .. -, . .T 1 i i tric hght com " electric light commissioners such action is demanded in the public interest, said board shall have authority to require said Boston Consolidated Gas Company to provide, either by the repair or reconstruction of existing works, or by the construction of new works, works for the manufacture of 156 BOSTON CONSOLIDATED GAS COMPANY. gas of such capacity as in the judgment of the board may be suited to the needs of the whole district supplied by said company. 1896, 537, SECTION 9. Section five of chapter five hundred and 198 Mass. 359. thirty-seven of the acts of the year eighteen hundred and ninety-six, entitled " An Act to incorporate the Massachu- setts' Pipe Line Gas Company ", is hereby amended by striking out the word " shall ", in the ninth and sixteenth lines, and inserting in place thereof, in each instance, the TO petition for word : may, so as to read as follows : Section 5. in'cities'ina 8 If the company shall desire for its pipe lines the right to con- ms, etc. struct, maintain and operate the same in the streets, lanes and highways of any city or town, it shall petition the alder- men or selectmen therefor, stating the termini of such pipe line in such city or town with as much particularity and certainty as practicable, and stating the streets, highways and lanes in which the company desires to locate such pipe line; and the aldermen or selectmen may grant that loca- tion, or such other location in such streets, lanes and high- ways as they shall deem proper. In the event that said aldermen or selectmen shall for a period of thirty days refuse or neglect to grant a location, or if the company is dissatisfied with the location granted, it may within sixty days thereafter appeal to the board, who, after such hearing and notice as they shall deem proper, may grant to the com- pany reasonable locations between said termini for such pipe line in the streets, lanes and highways of said city or town. Upon the granting of such locations by said alder- men, selectmen or board, the company may lay, construct, maintain and operate such pipe line in the location granted. Similar rights as to additional pipe lines in the same city or town shall be obtained only by permission of the board. The company may, upon obtaining such locations, and sub- ject to such regulations and restrictions in respect to the manner and time of conducting the work as said aldermen or selectmen shall prescribe, dig up and open the ground in any of the streets, lanes and highways of said city or town so far as is necessary to accomplish the object of the cor- poration ; but such grant shall not affect the right or remedy to recover damages for an injury caused to persons or prop- erty by the doings of the company. It shall put all such streets, lanes and highways which are opened by it in as BOSTON CONSOLIDATED GAS COMPANY. 157 good repair as they were when opened, and to the satisfac- tion of the local authorities of the city or town in which such streets, lanes or highways are located, and upon failure so to do within a reasonable time shall be deemed guilty of a nuisance. In constructing, maintaining, repairing or extending its distributing system in any city or town the company shall be subject to all the restrictions, regulations and liabilities set forth in section seventy-five of chapter one hundred and six of the public Statutes, except as in this act provided ; and in the construction, maintaining, repair- ing and extending of its pipe lines and distributing systems it shall in all cases be subject to the restrictions, regula- tions and liabilities set forth in sections seventy-six and seventy-seven of said chapter one hundred and six. If in making such excavations any water or gas pipes, sewers, drains, conduits or other subterranean works are disturbed or interfered with, the same shall, at the expense of the company, be restored to as good condition as they were in before such excavation. All locations granted under this Locations section shall be subject to revocation by said aldermen or fZOftorevo- selectmen respectively, subject to the approval of said c board. SECTION 10. Section six of said chapter five hundred J 8 A 96> 537 \ , . . f ..So, amended. and thirty-seven is hereby amended by inserting alter the word " board ", in the second line, the words : and with the consent of the mayor and aldermen of any city or the selectmen of any town in which the works, distributing system and other property hereinafter mentioned are situ- ated, so as to read as follows: Section 6. The com- May purchase, pany may, subject to approval of the board, and with the other systems, consent of the mayor and aldermen of any city or the select- men of any town in which the works, distributing system and other property hereinafter mentioned are situated, and upon such terms and conditions as may be mutually agreed upon, and as may be approved by the board, purchase, lease or operate the works, distributing system and other prop- erty of any person, firm, corporation, town or city engaged in the business of selling or distributing gas, or any portion of such works, distributing system or other property in any city or town in which the company has laid a pipe line: provided, however, that nothing in this act shall authorize Proviso, the company to issue new capital stock or bonds for the 158 BOSTON CONSOLIDATED GAS COMPANY. Proviso. Certain pro- visions of law not to apply to the Boston Consolidated Gas Company. When amend- ments shall take effect. purpose of such purchase in excess of the amount issued by the corporation whose works are purchased; and such person, firm, corporation, town or city may sell or lease any of its works, distributing system or other property to the company as aforesaid. The company may thereupon use the said works, distributing system or other property for the purpose of selling gas to the inhabitants of the town or city within which the same are situated; provided, how- ever, that in case of any such purchase, lease or operating contract, the prices charged by the company to individual consumers or for public lights shall thereafter be subject to the jurisdiction of the board, as provided by section nine of chapter three hundred and fourteen of the acts of the year eighteen hundred and eighty-five, and shall not in any case exceed the prices ruling at the time of such pur- chase, lease or operating contract; nor shall the company discontinue any portion of the distributing system it may acquire by any such purchase, lease or operating contract, but shall be subject to the provisions of section five of chapter three hundred and forty-six of the acts of the year eighteen hundred and eighty-six. SECTION 11. So much of section seven of said chapter five hundred and thirty-seven as fixes the price to be charged by the Massachusetts Pipe Line Gas Company for fuel or illuminating gas shall not apply to said Boston Consolidated Gas Company; but the final limitation of said section prohibiting the sale of gas to individual con- sumers, except as provided in section six of said chapter, shall apply to it except in any city or town or division or district thereof, if less than the whole, where individual consumers are now supplied by its' constituent companies, and any contract for the sale of gas by said Boston Con- solidated Gas Company to any other gas company, or to any city or town, shall be subject to the approval of the board of gas and electric light commissioners. Sections two and four of chapter forty-one of the acts of the year eighteen hundred and twenty-two, entitled " An Act to in- corporate the Boston Gas Light Company ", shall not apply to said Boston Consolidated Gas Company. SECTION 12. The amendments made by the three pre- ceding sections shall not take effect until said Boston Con- solidated Gas Company has acquired, as provided in sec- BOSTON CONSOLIDATED GAS COMPANY. 159 tion three, the property, locations, rights, licenses, powers, privileges and franchises of all the corporations mentioned in section one. SECTION 13. All stock of any corporation mentioned Certain stock in section one received by said Boston Consolidated Gas propertTof he Company as part of the transaction authorized by this act ? iida?edGas shall become the property of said company. Such stock Com P an y' etc - shall not be sold, assigned, pledged, transferred or con- veyed in whole or in part, by the purchasing corporation, and shall be non-negotiable, and whenever all the prop- erty, locations, licenses, rights, powers, privileges and fran- chises of any of the corporations mentioned in section one shall have been transferred to and vested in said Boston Consolidated Gas Company, as aforesaid, and the indebt- edness of said selling company paid, such selling company shall be dissolved in the manner provided by law upon its petition, upon the petition of the Boston Consolidated Gas Company, or upon the petition of the board of gas and electric light commissioners; and the supreme judicial Enforcement court shall be authorized, upon the petition of the board fpr of gas and electric light commissioners, to enforce any provision of this act. [SECTION 14. Unless all the corporations named in Acttoter- section one shall within two years after the passage of this act convey their property to the said Boston Consolidated Gas Company, in accordance with the provisions of this , 2. act, or within such further time not exceeding three years as the board of gas and electric light commissioners may for good cause determine, the powers conferred by this act shall expire and terminate. Said Boston Consolidated Gas Company shall have no authority to make, purchase, sell or distribute gas or electricity until it shall, within the provisions of this act, have acquired all the property, loca- tions, rights, licenses, powers, privileges and franchises of all the corporations mentioned in section one.] Section 14- Said Boston Consolidated Gas Company Acceptance 7 77 . .7 /7 .. 7 i T and agreement shall not acquire the property, locations, rights, licenses, to be filed, powers, privileges and franchises of the several corpora- 1 tions mentioned in section one unless it shall before the first day of August in the year nineteen hundred and five, file with the board of gas and electric light commissioners its acceptance hereof, and an agreement that it will within 160 BOSTON CONSOLIDATED GAS COMPANY. Not to maJce or distribute, etc., gas or elec- tricity until certain property is acquired, etc. Par value of capitalization. (New section.) 1905,421,1 8. To be entitled to certain rights, etc., upon the ac- quisition of certain prop- erty. (New section.) 1905, 421,13. twelve months from the date of such acquisition reduce the maximum price of gas to be charged by it to ninety cents per thousand cubic feet. Said Boston Consolidated Gas Company shall have no authority to make, purchase, sell or distribute gas or elec- tricity until it shall, within the provisions of this act, have acquired all the property, locations, rights, licenses, pow- ers, privileges and franchises of all the corporations men- tioned in section one, and the Boston Consolidated Gas Company shall proceed forthwith to acquire the same. Section 15. The Boston Consolidated Gas Company shall not by the acceptance of the capitalization herein au- thorized be deemed to have admitted for any purpose that the par value of such capitalization is equal to the value of its property or to the value of the property necessary for the proper conduct of its business. Section 16. Said Boston Consolidated Gas Company, upon the acquisition of the property of the corporations mentioned in section one, shall be entitled to all those rights, powers and privileges set forth in chapter thirty- four of the Revised Laws and in any amendments thereof, and particularly in section ten of said chapter, to which it would have been entitled if it had been the owner of said properties and engaged in the business of generating or distributing gas or electricity for sale for lighting pur- poses in the city of Boston at the time of any votes or pro- ceedings heretofore or hereafter passed or taken by the city of Boston, under the provisions of said chapter, or of any acts in amendment thereof. SECTION 15. This act shall take effect upon its passage. \_Approved June 10, 1903. BOSTON SLIDING SCALE ACT. 161 ACTS OF 1906, CHAPTER 422. AN ACT TO PROMOTE THE REDUCTION OF THE PRICE OF GAS IN THE CITY OF BOSTON AND ITS VICINITY. SECTION 1. From and after the thirtieth day of June Fixing the in the year nineteen hundred and six, the standard price of a gas a hi d pri< to be charged by the Boston Consolidated Gas Company Boston ' etc - for gas supplied to its customers shall be ninety cents per one thousand cubic feet, which price shall not thereafter be increased except as hereinafter provided. From and after the said date the standard rate of dividends to be paid by said company to its stockholders shall be seven per cent per annum on the par value of its capital stock, which rate shall not thereafter be increased except as hereinafter provided. SECTION 2. If during; any year ending on the thirtieth if price n / T i ic charged is less day oi June tne maximum net price per thousand ieet than standard charged by the company has been less than the standard Sends may be price, the company may during the following year declare increased rate, and pay dividends exceeding the standard rate in the ratio of one fifth of one per cent for every one cent of reduction of said maximum net price below the standard price. SECTION 3. Said company shall annually publish in the Annual report month of September, in one or more newspapers published lishedTetc. in the city of Boston, a report showing for the previous fiscal year, among other things, the cost per thousand feet to such company of gas in the holder, itemizing said cost so as to show the cost per thousand feet for gas manufac- tured, of w r ages at works and of the main items of mate- rials; also the cost per thousand feet of distribution; also the amount per thousand feet, if any, charged as deprecia- tion of ways, works and machinery; also the amount per thousand feet, if any, charged for maintenance repairs; together with such other items of account as may from time to time be prescribed by the board of gas and electric light commissioners. SECTION 4. Said board shall have authority upon peti- Method of de- /i i * * t termmmg cost tion oi the mayor or board of aldermen of a city or of the of gas, etc., i , f i i i c -i may be re- selectmen of a town in which said company is furnishing vised, gas, and after hearing the company, to revise the method of determining the cost of gas supplied by said company, and to determine finally and conclusively the actual cost 162 BOSTON SLIDING SCALE ACT. pay e divi excess may be invested, etc. ividenas ' Provisos. of the gas furnished and the clear profits made by said company applicable to the payment of dividends for the year ending on June thirtieth. Any orders made by said board shall be enforcible as provided by section nine of chapter one hundred and twenty-one of the Revised Laws. SECTION 5. If the clear profits of the company appli- ca ^ e to the payment of dividends amount in any year to a larger sum than is sufficient to pay the dividends which , , -, ' the company is herein authorized to pay during the next succeeding year, the excess above the sum necessary for that purpose may from time to time, to the extent of one per cent per annum of the par value of the capital of the company, be invested in securities in which savings banks incorporated under the laws of this Commonwealth are authorized by law to invest, and the dividends and interest arising from such securities shall also be invested in the same or like securities, in order that the same may ac- cumulate at compound interest until the fund so formed amounts to a sum equal to one twentieth of the par value of the capital stock of the company, which sum shall form a reserve fund: provided, that when and so often as the said fund shall by reason of the accumulation of interest or dividends or otherwise exceed one twentieth of the par value of the capital stock, the excess shall be carried to the credit of the clear profits of the company applicable to the payments of dividends. The company may from time to time use said fund or any portion thereof to meet any extraordinary claim, demand, or charge which may at any time arise against or fall upon the company from fire, accident, or other circumstances which due care and management could not have prevented; and whenever in any year the clear profits of the business of the company for the preceding year applicable to the payment of divi- dends are insufficient to enable it to pay the dividends which the company is herein authorized to pay, it may apply said fund, or such portion thereof, as may be neces- sary, toward the payment of the dividends which the com- pany is herein authorized to pay for such year. If the reserve fund be reduced at any time, it may thereafter again be made up to one twentieth of the par value of the capital stock of the company, and so from time to time as often as such reduction shall happen ; provided, that resort may be had to the reserve fund for any of the purposes BOSTON SLIDING SCALE ACT. 163 above mentioned, although such fund may not at the time have reached or may have been reduced below the full amount of one twentieth as aforesaid. SECTION 6. If in any year the amount of the clear Excess of profits of the business of the company applicable to the SSfcases^to'be payment of dividends exceeds the amount required to pay 5"d to^Vsup- the dividends herein authorized to be paid during the next plied with gas * succeeding year, and the amounts which are herein au- thorized to be set aside for the reserve fund, the excess of such profits shall be paid to the cities and towns in which the company is supplying gas, in proportion to the number of miles of mains in each of such cities and towns. SECTION 7. Whenever the company shall issue addi- ^oard of^as tioiial stock, it shall be the duty of the board of gas and light commis- 1 , -i i , .. .,.-.. , ,, sioners to electric light commissioners in deciding what amount oi decide what new stock is to be authorized, to place a value upon such stock may* be ew new stock, which value shall be stated in their written de- lssued - cision, and before offering the new shares to the existing shareholders of the company, the company shall offer the new shares for sale by public auction in the city of Boston, in such manner, at such times, and subject to such condi- tions of sale as the company shall from time to time deter- mine, subject however, to the approval of the board of gas and electric light commissioners: provided,, that no bid at any such auction shall be accepted for a price less than the value placed upon the stock by the board of gas and electric light commissioners as aforesaid; and provided, Provisos. further,, that notice of the proposed sale of said stock by public auction together with the terms and conditions of sale shall be published in at least three newspapers in the city of Boston twice a week for not less than three succes- sive weeks before the day of auction. SECTION 8. When any stock which has been offered for stock offered sale by auction is not sold, the same shall be offered at the & price &*el & price so placed upon it by the board of gas and electric J^the board, light commissioners to the stockholders of the company, in accordance with the provisions of section thirty of chap- ter one hundred and nine of the Revised Laws : provided, Provisos. that any stock so offered and not accepted by the stock- holders shall again be offered for sale by public auction, in accordance with the provisions of section thirty-one of chapter one hundred and nine of the Revised Laws; and provided, further, that if the new stock authorized does 164 BOSTON SLIDING SCALE ACT. Regulations concerning the lowering or raising of standard price. Certain pro- visions of law not to apply, etc. Time within whjch act may be accepted. not exceed four per cent of the existing capital stock of the company the same may be sold in accordance with the provisions of said section thirty-one without being first offered to the stockholders. SECTION 9. At any time after the expiration of ten years from the thirtieth day of June in the year nineteen hundred and six, the board of gas and electric light com- missioners shall have authority upon the petition of the company, or upon the petition of the mayor of any city or of the selectmen of any town in which the company is supplying gas to consumers, to lower or raise the standard price per thousand cubic feet to such extent as may justly be required by reason of greater or less burdens which may be imposed upon the company, by reason of improved methods in the art of manufacture, by reason of changes in the prices of material and labor, or by reason of changes in other conditions affecting the general cost of the manu- facture or distribution of gas. SECTION 10. The provisions of sections thirty-four and thirty-five of chapter one hundred and twenty-one of the Revised Laws, so far as they relate to the fixing of the price of gas, shall not hereafter apply to the Boston Con- solidated Gas Company. But nothing herein shall be con- strued as affecting any right or liability which may arise under chapter thirty-four of the Revised Laws, or acts in amendment thereof or in addition thereto, or under any other acts not inconsistent herewith. SECTION 11. Unless the Boston Consolidated Gas Com- pany shall, by authority of its board of directors, accept the provisions of this act within sixty days after its pas- sage by a writing filed with the board of gas and electric light commissioners, this act shall be void. SECTION 12. This act shall take effect upon its passage. [Approved May 26, 1906. ABATEMENT OF SMOKE. 165 ABATEMENT OF SMOKE, ACTS OP 1910, CHAPTER 651. AN ACT TO PROVIDE FOR THE ABATEMENT OF SMOKE IN THE CITY OF BOSTON AND VICINITY. SECTION 1. In this act unless the context otherwise Certain words and terms de- requires : fined, etc. " Board " means the board of gas and electric light com- missioners. " District " means the district to which the provisions of this act shall apply, to wit : That part of Boston har- bor lying westerly of a line drawn from the southeastern point of Deer island to the northeastern point of Long island and the territory comprised within the cities of Boston, Cambridge, Somerville, Everett and Chelsea and the town of Brookline. " Chart " means Ringelmann's Smoke Chart as pub- lished and used by the United States Geological Survey. " Stack " means any chimney, smoke stack or other structure whether of brick, metal or other material in- tended for the emission of smoke. Smoke-jacks on locomo- tive round houses shall be deemed stacks and a part of the locomotive beneath them for the time being. For the purposes of this act, stacks shall be classified as follows : Class I includes all fixed or stationary stacks having an inside area at the top not exceeding the area of a circle five feet in diameter. Class II includes all fixed or stationary stacks having an inside area at the top greater than the area of a circle five feet in diameter but not exceeding the area of a circle ten feet in diameter. Class III includes all fixed or stationary stacks having an inside area at the top greater than the area of a circle ten feet in diameter. Class IV includes all stacks of vessels having an inside area at the top not exceeding the area of a circle four feet in diameter. 166 ABATEMENT OF SMOKE. Limiting time in which the emission of smoke may be permitted. Proviso. Class V includes all stacks of vessels having an inside area at the top greater than the area of a circle four feet in diameter. Class VI includes all stacks on steam locomotives. SECTION" 2. The emission of smoke of a degree of dark- ness or density equal to No. 2 of the chart or greater, for more than six minutes in any one hour from stacks of Class I; or of a degree equal to No. 3 of the chart or greater, for more than three minutes in any one hour from stacks of Class II; or of a degree equal to No. 2 of the chart or greater, for more than twenty-five minutes in any one hour, but not exceeding during said twenty-five min- utes a degree equal to No. 3 of the chart or greater for more than five minutes from stacks of Class III; or of a degree equal to No. 3 of the chart or greater for more than three minutes in any one hour from stacks of Class IV, for more than five minutes in any one hour from stacks of Class V, and for more than twenty seconds in any one period of five minutes from stacks of Class VI, is hereby prohibited. Provided, lioivever, that during the calendar year nine- teen hundred and ten, smoke of a degree of darkness or density equal to No. 3 of the chart or greater, may be emitted for not more than six minutes in any one hour from stacks of Cl ass I ; and smoke of a degree equal to No. 4 of the chart or greater, for not more than five min- utes in any one hour from stacks of Class II, and for not more than ten minutes in any one hour from stacks of Class III, and for not more than nine minutes in any one hour from stacks of Class IV, and for not more than twelve minutes in any one hour from stacks of Class V; and of a degree equal to No. 3 of the chart or greater for not more than forty seconds in any one period of five min- utes from stacks of Class VI ; and during the calendar year nineteen hundred and eleven, smoke of a degree of dark- ness or density equal to No. 3 of the chart or greater may be emitted for not more than four minutes in any one hour from stacks of Class I, and for not more than ten minutes in any one hour from stacks of Class II ; and of a degree equal to No. 3 of the chart or greater for not more than twenty minutes in any one hour, but not exceeding during said twenty minutes a degree equal to No. 4 of the chart or greater for more than five minutes from stacks of Class ABATEMENT OF SMOKE. 167 III ; and of a degree equal to No. 3 of the chart or greater for not more than twelve minutes in any one hour from stacks of Class IV. and for not more than fifteen minutes in any one hour from stacks of Class V, and for not more than thirty seconds in any one period of five minutes from stacks of Class VI ; arid during the calendar year nineteen hundred and twelve, smoke of a degree of darkness or density equal to No. 2 of the chart or greater, may be emitted for not more than eight minutes in any one hour from stacks of Class I ; and of a degree equal to No. 3 of the chart or greater, for not more than six minutes in any one hour from stacks of Class II ; and of a degree equal to No. 2 of the chart or greater for not more than thirty min- utes in any one hour, but not exceeding during said thirty minutes a degree equal to No. 3 of the chart or greater for more than ten minutes from stacks of Class III ; and of a degree equal to No. 3 of the chart or greater for not more than seven minutes in any one hour from stacks of Class IV, and for not more than nine minutes in any one hour from stacks of Class V. And provided further, that stacks of locomotives, mov- proviso, ing trains of six cars or more, be permitted to emit smoke in any five-minute period for ten seconds in excess of that already provided for in this act, and that stacks of Class VI, in and about round houses, may emit smoke for thirty minutes during the period when the fire is being built, or rebuilt after cleaning. The number of minutes or seconds during which smoke may be emitted in any period as pro- vided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive. 168 ABATEMENT OF SMOKE. Table showing TABLE SHOWING THE DENSITY OF SMOKE, IN ACCORDANCE WITH THE RINGEL- densityof MANN CHART, WHICH MAT BE EMITTED FROM THE VARIOUS CLASSES OF Q 6 ' STACKS AS PROVIDED IN SECTION 2, AND THE DURATION OF SUCH EMISSION. CLASSES i 2 3 4 Chart No. Mine. Chart No. Mins. Chart No. Mins. Chart No. Mins. 1910 . 1911 . 1912 . 1913 . 3 3 2 2 6 4 8 6 4 3 3 3 5 10 6 3 4 3 including 2 including 3 2 including 3 10 20 including 5 30 including 10 25 including 5 4 3 3 3 9 12 7 3 CLASSES 5 6 LOCOMOTIVES MOVING TEAINS OF Six CARS OR MORE. Chart No. Mins. Chart No No. seconds in 5-minute periods. No. seconds Chart No. in 5-minute periods. 1910 . 1911 . 1912 . 1918', > 4 3 3 3 12 15 9 5 3 3 3 40 30 20 20 3 50 3 40 3 30 3 30 fnspector, SECTION 3. The board shall appoint a smoke inspector appointment, who shall not engage in any other business, and such dep- The board of gas and elec- tric light commissioners to enforce provisions of act. uty inspectors as it may think proper, who shall be sworn to the faithful performance of their duties and shall hold office during the pleasure of the board. The board may also employ such clerks, stenographers and other office employees as it may deem necessary, and may expend for necessary office rent, books, stationery, travel and other expenses incidental to the performance of the duties im- posed by this act, such sum as the legislature shall annually appropriate. The compensation of inspectors, deputy in- spectors and all other employees shall be fixed by the board, subject to the approval of the governor and council. All salaries and other expenses provided for by this act shall be paid by the commonwealth, which shall be reimbursed as hereinafter provided. SECTION 4. It shall be the duty of the board to enforce the provisions of this act, to investigate all complaints made with reference to any violations thereof, and in its discretion, to order any person or corporation complained ABATEMENT OF SMOKE. 169 of to comply with the provisions of this act, and to enforce such orders by legal proceedings. The board shall make an annual report to the general court of its doings with such recommendations as to legislative action or state policy as it may deem advisable. The board, with the ap- proval of the governor and council, may make such rules and regulations as it deems advisable for its own govern- ment, for the government of its employees and assistants, for the observation of smoke by the inspector or his duly authorized agents at reasonable intervals, and for keeping proper records of all observations. Such observations and records shall be open to public inspection at reasonable times and under reasonable regulations. SECTION 5. It shall be the duty of the smoke inspector, Duties of by himself and his assistants, to assist the board in the per- inspector. formance of its duties, in such manner as the board shall direct, to investigate complaints as to violations of this act, to collect evidence in regard to the same and present such evidence to the board for action. SECTION 6. The board shall have power, after notice Powers of the and a hearing, to order any person or corporation having control of the operation of the stack, other than an em- ployee, to stop or abate the emission of smoke in violation of this act. Such notice shall be in writing and may be served personally upon such person or corporation, or duly authorized agent by any person authorized by the board to make such service, and in the manner provided by the . laws of the commonwealth for the service of writs return- able to the superior court. Such notice shall be served at least forty-eight hours before the time fixed for the hear- ing, and a copy of the order or decree of the board, shall in like manner be served upon such person or corpora- tion or duly authorized agent within twenty-four hours after the same shall be made by the board. In the event of violation, a copy of the observation made in accordance with section four shall be mailed within twenty-four hours to the person or corporation having control of the operation of the stack, and an additional copy shall be delivered upon the premises, as soon as is practicable to the employee hav- ing charge of the stack, unless it is otherwise requested in writing by any such person or corporation. SECTION 7. Any person or corporation violating any Penalty, etc. order of the board shall be guilty of a misdemeanor and may be punished by a fine of not less than ten nor more 170 ABATEMENT OF SMOKE. Temporary permits may be granted, etc. Apportion- ment of expense, etc. Repeal, etc. than fifty dollars for the first offence and not less than twenty nor more than one hundred dollars for every suc- ceeding offence. No person or corporation shall be deemed guilty in accordance herewith, unless the observations, used as evidence at the trial, shall be made as provided in section four. The superior court sitting in equity, on peti- tion of the board or any person authorized by the board, shall have jurisdiction to restrain violations of this act during the prosecution of any proceeding at law for the enforcement of any order of the board. SECTION 8. Temporary permits for the emission of smoke, covering periods not exceeding six months from June first, nineteen hundred and ten, may be granted by the board to any person duly applying for the same and satisfying the board that he will make changes or improve- ments to prevent the emission of smoke in violation of the provisions hereof. But after December first, nineteen hun- dred and ten, no further permits shall be granted unless the board is satisfied that public convenience requires it, and permits so granted shall be for a period not exceeding six months. SECTION 9. The board shall annually estimate the ex- pense of carrying this act into effect for the ensuing year and shall certify the same to the treasurer of the common- wealth who shall apportion said expense among the cities and towns comprised in the district in proportion to the amount of their state tax, and the treasurer shall annually notify each city and town of the amount to be paid by it, and the same shall be paid by such city or town into the treasury of the commonwealth at the time required for the payment of, and as a part of, its state tax. SECTION 10. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect on the first day of July, nineteen hundred and ten. [Ap- proved June 15, 1910. SPECIAL LAWS. 171 A TABLE OF SPECIAL LAWS RELATING TO THE MANUFACTURE AND SALE OF GAS AND ELECTRICITY, 1822. C. 41. An Act to incorporate the Boston Gas Light Company. 1825. C. 29. An Act to incorporate the Massachusetts Gas Light Company. 1833. C. 202. An Act to incorporate the Lowell Gas Light Company. 1836. C. 17. An Act in Addition to an Act entitled "An Act to incorporate the Boston Gas Light Company." 1837. C. 74. An Act in Addition to "An Act to incorporate the Boston Gas Light Company." C. 91. An Act to incorporate the Lowell Gas Company. 1846. C. 36. An Act to incorporate the Tremont Gas Light Company. C. 37. An Act to incorporate the Lowell Gas Company. C. 98. An Act to incorporate the Charlestown Gas Company. 1847. C. 15. An Act to incorporate the Springfield Gas Light Company. C. 21. An Act to incorporate the Massachusetts Solar Gas and Foundry Company. C. 67. An Act to incorporate the Salem Gas Light Company. 1848. C. 20. An Act to incorporate the Sylvic Gas Light Company. C. 38. An Act authorizing the Massachusetts Solar Gas and Foundry Company to change its Name. 172 SPECIAL LAWS. 1849. C. 17. An Act to incorporate the Lawrence Gas Company. C. 234. An Act to incorporate the Lowell Gas Light Company. 185O. C. 29. An Act to incorporate the Worcester Gas Light Company. C. 144. An Act to incorporate the New Bedford Gas Light Company. C. 147. An Act to incorporate the Newburyport Gas Company. C. 202. An Act to incorporate the Suffolk Gas Company. C. 237. An Act in Addition to an Act to incorporate the Worcester Gas Light Company. 1851. C. 159. An Act to incorporate the Worcester Gas Light Company. 1852. C. 36. An Act to incorporate the Cambridge Gas Light Company. C. 102. An Act to incorporate the Winchester Gas Light Company. C. 103. An Act to incorporate the South Boston Gas Light Company. C. 109. An Act to increase the Capital Stock of the Boston Gas Light Company. C. 179. An Act to incorporate the Chelsea Gas Light Company. C. 198. An Act to incorporate the Roxbury Gas Light Company. C. 208. An Act to incorporate the " Fitchburg Gas Company." C. 300. An Act in Addition to an Act entitled " An Act to incorporate the Chelsea Gas Light Company." 1853. C. 3. An Act to incorporate the Taunton Gas Light Company. C. 8. An Act to incorporate the Haverhill Gas Light Company. C. 13. An Act to incorporate the East Boston Gas Company. C. 17. An Act to incorporate the Brookline Gas Light Company. C. 18. An Act to incorporate the Gloucester Gas Light Company. C. 21. An Act to incorporate the Pittsfield Coal Gas Company. C. 24. An Act to authorize the Charlestown Gas Company to extend their Pipes and Conductors into the Town of Somerville. C. 29. An Act to incorporate the Brighton Gas Light Company. C. 35. An Act to incorporate the Lynn Gas Light Company. C. 39. An Act to authorize the Salem Gas Light Company to extend their Pipes. C. 50. An Act to incorporate the Ware Gas Light Company. C. 51. An Act to incorporate the Pawtucket Gas Light Company. SPECIAL LAWS. 173 C. 59. An Act to incorporate the Northampton Gas Light Company. C. 63. An Act to incorporate the Jamaica Plain Gas Light Company. C. 68. An Act to incorporate the Dedham Gas Light Company. C. 118. An Act to incorporate the Waltham Gas Light Company. C. 128. An Act to incorporate the Plymouth Gas Light Company. C. 137. An Act to authorize the Cambridge Gas Light Company to extend their Gas Pipes into the Town of Somerville. C. 163. An Act to authorize the Haverhill Gas Light Company to extend their Gas Pipes into the Town of Bradford. C. 320. An Act to authorize the South Boston Gas Light Company to extend their Gas Pipes into the Town of Dorchester. C. 395. An Act to incorporate the American Gas Light Company. 1854. C. 5. An Act to incorporate the Quincy Gas Light Company. C. 9. An Act to incorporate the Dorchester Gas Light Company. C. 19. An Act to incorporate the Nantucket Gas Light Company. C. 21. An Act to incorporate the Salisbury and Amesbury Gas Light Company. C. 35. An Act to incorporate the Marblehead Gas Light Company. C. 43. An Act to incorporate the Maiden and Melrose Gas Light Com- pany. C. 44. An Act to incorporate the Newton and Watertown Gas Light Company. C. 62. An Act to incorporate the Clinton Gas Light Company. C. 99. An Act to incorporate the New England Gas Regulator Manu- facturing Company. C. 104. An Act in Addition to an Act to incorporate the Brookline Gas Light Company. C. 194. An Act to incorporate the Provincetown Gas Light Company. C. 203. An Act to incorporate the Medford Gas Light Company. C. 207. An Act to incorporate the West Cambridge Gas Light Company. C. 211. An Act to incorporate the Woburn Gas Light Company. C. 212. An Act to incorporate the Greenfield Gas Light Company. C. 242. An Act to incorporate the Milford Gas Light Company. C. 247. An Act to incorporate the Boston Gas Meter Manufacturing Com- pany. C. 291. An Act to incorporate the Somerville Gas Light Company. C. 321. An Act to incorporate the Shawmut Gas Light Company in the City of Boston. C. 443. An Act to unite the Maiden Gas Light Company and the Med- ford Gas Light Company. 174 SPECIAL LAWS. 1855. C. 357. An Act to unite the Shawmut Gas Light Company and the Suf- folk Gas Company. 1856. C. 8. An Act authorizing an Increase of the Capital Stock of the Law- rence Gas Company. C. 194. An Act authorizing the Fitehburg Gas Company to supply the Inhabitants of Fitehburg with Water. C. 242. An Act to repeal " An Act to incorporate the Tremont Gas Light Company." C. 280. An Act in Addition to an Act to incorporate the Maiden and Melrose Gas Light Company. 1857. C. 4. An Act to increase the Capital Stock of the New Bedford Gas Light Company. C. 137. An Act relating to the Roxbury Gas Light Company. 1859. C. 45. An Act to incorporate the Reading and Stoneham Gas Light Company. I860. C. 22. An Act authorizing an Increase of the Capital Stock of the Chel- sea Gas Light Company. C. 28. An Act to incorporate the Union Gas Light Company in Attle- borough. C. 36. An Act to incorporate the Citizens' Gas Light Company of Quincy. C. 66. An Act to authorize the Charlestown Gas Company to extend their Pipes and Conductors into the Town of Medford. C. 94. An Act to authorize the Newton and Watertown Gas Light Com- pany to extend their Pipes into the Town of Brighton. C. 151. An Act to amend an Act in Addition to an Act to incorporate the Brookline Gas Company. C. 177. An Act relating to the Roxbury Gas Light Company. C. 204. An Act to authorize the West Cambridge Gas Light Company to extend their Pipes and Conductors into the Towns of Win- chester and Belmont. 1861. C. 26. An Act to incorporate the Milton Gas Light Company. C. 41. An Act to incorporate the North Adams Gas Light Company. C. 56. An Act to incorporate the Abington Gas Light Company. C. 68. An Act to incorporate the Natick Gas Light Company. SPECIAL LAWS. 175 1862. C. 99. An Act to increase the Capital Stock of the Boston Gas Light Company. 1863. C. 37. An Act to increase the Capital Stock of the Springfield Gas Light Company. C. 195. An Act concerning the Maiden and Melrose Gas Light Company. 1864. C. 56. An Act concerning the Milton Gas Light Company and the Dor- chester Gas Light Company. C. 57. An Act to incorporate the North Adams Gas Light Company. 1865. C. 25. An Act to incorporate the Marlborough Gas Light Company. 1866. C. 27. An Act to increase the Capital Stock of the Worcester Gas Light Company. 1867. C. 61. An Act authorizing an Increase of the Capital Stock of the Law- rence Gas Company. C. 62. An Act to incorporate the Manufacturers' Gas Company of Fall River. C. 114. An Act to authorize the East Boston Gas Company to increase its Capital Stock. C. 135. An Act to incorporate the Union Gas Light Company. C. 221. An Act to change the Names of Certain Corporations in the Town of West Cambridge. 1868. C. 47. An Act to authorize the Roxbury Gas Light Company to increase its Capital Stock. C. 191. An Act authorizing the Cambridge Gas Light Company to in- crease its Capital Stock. C. 243. An Act in Addition to " An Act to incorporate the Dedham Gas Light Company." 1869. C. 25. An Act to increase the Capital Stock of the Worcester Gas Light Company. C. 46. An Act authorizing the Chelsea Gas Light Company to increase its Capital Stock. 176 SPECIAL LAWS. C. 51. An Act to increase the Capital Stock of the Charlestown Gas Company. C. 52. An Act to increase the Capital Stock of the Jamaica Plain Gas Light Company. C. 119. An Act to authorize the Northampton Gas Light Company to increase its Capital Stock. C. 327. An Act to authorize the Boston Gas Light Company to construct Pile Wharves. 187O. C. 89. An Act to authorize the Dorchester Gas Light Company to in- crease its Capital Stock. C. 123. An Act to incorporate the Amherst Gas Light Company. C. 124. An Act to authorize the Springfield Gas Light Company to in- crease its Capital Stock and to hold Additional Real Estate. 1871. C. 28. An Act to authorize the Worcester Gas Light Company to in- crease its Capital Stock. C. 101. An Act to authorize the Salem Gas Light Company to increase its Capital Stock. C. 119. An Act to increase the Capital Stock of the Lowell Gas Company. C. 155. An Act in Addition to an Act to increase the Capital Stock of the Lowell Gas Company. C. 292. An Act to change the Name of the Dedham Gas Light Company. 1872. C. 1. An Act to authorize the Cambridge Gas Light Company to in- crease its Capital Stock. C. 63. An Act to authorize the Lawrence Gas Company to increase its Capital Stock. C. 67. An Act to extend the Time for organizing the Amherst Gas Light Company. C. 149. An Act to authorize the Chelsea Gas Light Company to increase its Capital Stock. 1873. C. 52. An Act in Addition to an Act to incorporate the Holyoke Water Power Company. C. 112. An Act to amend the Charter of the Lynn Gas Light Company. C. 151. An Act to legalize Certain Acts and Proceedings of the Lynn Gas Light Company. C. 188. An Act in Addition to an Act concerning the Brookline Gas Light Company. C. 243. An Act authorizing an Increase of the Capital Stock of the Manu- facturers' Gas Company of Fall River. SPECIAL LAWS. 177 1874. C. 93. An Act in Addition to an Act incorporating the Boston Gas Light Company. 1877. C. 49. An Act to amend the Charter of the Lawrence Gas Company. 1880. C. 164. An Act to incorporate the Manufacturers' Gas Light Company of Fall River. 1881. C. 12. An Act to authorize the Peabody and Victoria Mills to open Cer- tain Streets in Newburyport for the purpose of laying Gas Pipes. C. 108. An Act to authorize the Newton and Watertown Gas Light Com- pany to lay Pipes in Weston and Needham and to increase its Capital Stock. 1882. C. 38. An Act to change the Name of the North Bridgewater Gas Light Company. 1883. C. 205. An Act in relation to the Maiden, Medf ord and Melrose Gas Light Company. 1884. C. 130. An Act to authorize the North Attleborough Gas Light Company to lay Pipes in Wrentham, and to increase its Capital Stock. 1886. C. 159. An Act to authorize the South Boston Gas Light Company to in- crease its Capital Stock. C. 181. An Act granting Additional Powers to the Cottage City Gas Company. C. 206. An Act to change the Name of the iDedham and Hyde Park Gas Company to the Dedham and Hyde Park Gas and Electric Light Company, and to authorize Said Corporation to furnish Electric Light. .C. 225. An Act to grant Additional Powers to the Marblehead Gas Light Company, and to change its Name. C. 243. An Act to incorporate the Milford Electric Light and Power Company. C. 255. An Act to authorize the Chelsea Gas Light Company to hold Additional Real Estate, and to lay Pipes and furnish Gas in the Town of Revere. 178 SPECIAL LAWS. C. 272. An Act to authorize the Charlestown Gas Company to furnish Electric Light. C. 349. An Act to authorize the Woburn Gas Light Company to furnish Electric Light. 1887. C. 172. An Act to authorize the Milford Electric Light and Power Com- pany to increase its Capital Stock. C. 154. An Act to authorize the Clinton Gas Light Company to increase its Capital Stock and to furnish Gas to the Inhabitants of the Town of Lancaster. C. 372. An Act in Relation to the Dorchester Gas Light Company. 1888. C. 117. An Act to incorporate the Vineyard Haven Gas and Electric Com- pany. C. 252. An Act consolidating the Lynn Gas Light Company and the Lynn Electric Lighting Company. C. 427. An Act in Relation to the Bay State Gas Company. 1889. C. 96. An Act to change the Name of the Newburyport Gas Company. C. 138. An Act to change the Name of the Marlborough Schuyler Electric Light Company. C. 200. An Act to authorize the Ludlow Manufacturing Company to sup- ply the Town of Ludlow with Water and with Electricity for Lighting and Other Purposes. C. 295. An Act granting Additional Powers to the New Bedford Gas Light Company. C. 355.- An Act to incorporate the New England Electric Exchange. 189O. C. 14. An Act to change .the Name of the Mutual Gas Light Company of Southbridge. C. 45. An Act to authorize the Woonsocket Electric Machine and Power Company of Rhode Island to erect and maintain Poles and Wires and furnish Electric Light and Power in the Town of Blackstone in the State of Massachusetts. C. 96. An Act to authorize the Edison Electric Illuminating Company of Boston to increase its Capital Stock. C. 152. An Act to authorize the Edison Electric Illuminating Company of New Bedford to dispose of its Property and Franchises to the New Bedford Gas Light Company. SPECIAL LAWS. 179 C. 244. An Act to authorize the Greenfield Electric Light and Power Com- pany to mortgage its Property and Franchises. C. 345. An Act to authorize the Boston Electric Light Company to in- crease its Capital Stock. 1891. C. 46. An Act to authorize the New Bedford Gas Light Company to change its Corporate Name. C. 279. An Act to authorize the Great Barrington Gas Light Company to dispose of its Property and Franchises to the Great Bar- rington Electric Light Company. C. 378. An Act to legalize the Action of the Town of Danvers in estab- lishing an Electric Light Plant, and to authorize said Town to generate and distribute Electric Light and Power. 1892. C. 227. An Act to authorize the Edison Electric Illuminating Company of Boston to increase its Capital Stock. C. 387. An Act to authorize the Town of Whitman to purchase Land and Water Rights in the Town of East Bridgewater for an Electric Light Plant, and to furnish Electric Light to the Last- named Town. 1893. C. 390. An Act to authorize the Woonsocket Electric Machine and Power Company of Rhode Island to erect and maintain Poles and Wires and furnish Electric Light and Power in the Towns of Bellingham and Franklin. C. 474. An Act relating to the Bay State Gas Company. 1894. C. 45. An Act to authorize the Town of Wellesley to lease the Right to attach Electric Wires to Poles maintained by Said Town. C. 454. An Act relating to Wires and Electrical Appliances in the City of Boston. C. 518. An Act to authorize the Brookline Gas Light Company to in- crease its Capital Stock. 1895. C. 154. An Act to authorize the Springfield Gas Light Company to hold Real Estate and to lay Pipes and furnish Gas in the Town of West Springfield. C. 166. An Act relative to the Regulation and Supervision of Wires over Streets or Buildings in the Town of Brookline. C. 309. An Act to incorporate the Hoosac Electric Power Company. 180 SPECIAL LAWS. C. 336. An Act to authorize the Edison Electric Illuminating Company of Brockton to extend its Pipes, Mains, Conduits or Wires into Certain Towns. C. 405. An Act to authorize the Brookline Gas Light Company to lay its Pipes to and across Fort Point Channel. 1896. C. 143. An Act to authorize the Edison Electric Illuminating Company of Fall River to dispose of its Property and Franchise to the Fall River Electric Light Company. C. 386. An Act to authorize the United Electric Light Company to do Business in Adjoining Cities and Towns, to hold Certain Stock and to issue Bonds. C. 387. An Act to repeal Chapter Forty-five of the Acts of the Year Eighteen Hundred and Ninety, relative to the Woonsocket Electric Machine and Power Company. C. 537. An Act to incorporate the Massachusetts Pipe Line Gas Company. 1897. C. 217. An Act to incorporate the Barre Street Railway Company. C. 265. An Act relative to the Licensing of Gas Fitters and to the Super- vision of the Business of Gas Fitting in the City of Boston. 1898. C. 96. An Act to authorize the Springfield Gas Light Company to hold Real Estate and to lay Pipes and furnish Gas in the Town of Longmeadow. C. 123. An Act relative to the Electric Loan of the Town of Danvers. C. 143. An Act to authorize the Town of Hudson to furnish Gas and Electricity for Light, Heat and Power to the Town of Stow and its Inhabitants. C. 170. An Act to provide for the Rearrangement and Increase of the Heating, Lighting and Power Plant at the House of Correction in Cambridge. C. 223. An Act to authorize the Mansfield Water Supply District to fur- nish Electricity for Light and Power. C. 249. An Act to provide for removing or placing underground Certain Wires and Electrical Appliances in the City of Boston. C. 268. An Act to facilitate the Inspection of Wires in Buildings in the City of Boston. C. 272. An Act to authorize the Establishment of a Public Lighting Plant in the Town of Templeton. C. 513. An Act to authorize the City of Brockton to light its Central Police Station from the Electric Lighting Plant in the City Hall. SPECIAL LAWS. 181 1899. C. 134. An Act relative to the Licensing of Gas Fitters and the Super- vision of Gas Fitting in the Town of Brookline. 19OO. C. 276. An Act relative to Wires and Electrical Appliances in the City of Springfield. C. 390. An Act relative to the Ratification of a Certain Contract made by the City of Holyoke by its Board of Public Works with the Holyoke Water Power Company. C. 429. An Act to authorize the Greenfield Electric Light and Power Company to transact Business in the Towns of Shelburne, Buckland and Conway. 1901. C. 88. An Act to authorize the Beverly Gas and Electric Company to do Business in Certain Towns. C. 97. An Act to authorize the Town of Peabody to furnish Electricity for Light, Heat and Power to the Town of Lynnfield and its Inhabitants. C. 139. An Act to authorize the Newburyport Gas and Electric Company to extend its Service to the Towns of Newbury and West New- bury. C. 181. An Act relative to Wires and Electrical Appliances in the City of Springfield. C. 228. An Act to authorize the East Boston Gas Company to hold Real Estate, lay Pipes and furnish Gas in the Town of Winthrop. C. 462. An Act to authorize the Boston Electric Light Company to dis- pose of its Property and Franchise to the Edison Electric Illuminating Company of Boston. 19O2. C. 144. An Act to authorize the Town of Wellesley to elect a Board of Water and Municipal Light Commissioners. C. 347. An Act to authorize the American Woolen Company of New Jersey to erect and maintain Poles and Wires and to furnish Electric Light and Power in the Town of Maynard. C. 372. An Act relative to the Wires and Electrical Appliances in the City of Worcester. 1903. C. 93. An Act to authorize the North Adams Gas Light Company to do Business in the Town of Clarksburg. C. 159. An Act to authorize the Pittsfield Coal Gas Company, under Cer- tain Conditions, to furnish Gas and Electricity in the Town of Dalton. 182 SPECIAL LAWS. C. 215. An Act to authorize the Edison Electric Illuminating' Company of Brockton, under Certain Conditions, to furnish Electricity in the Town of Whitman. C. 221. An Act to authorize the Millers Falls Water Supply District to furnish Electricity for Light and Power. C. 284. An Act to extend the Corporate Powers of the Conway Electric Street Railway Company. C. 289. An Act to authorize the Board of Gas and Electric Light Com- missioners to license the People's Gas and Electric Company of Stoneham to make and sell Gas. C. 350. An Act to authorize the Holyoke Water Power Company to manu- facture, sell and distribute Electricity for Power Purposes. C. 405. An Act to authorize the Town of Reading to elect a Board of Public Works to have Control of its Water Works, Public Lighting and Highways. C. 417. An Act to provide for the Consolidation of Certain Gas Companies in the City of Boston and Vicinity. C. 448. An Act to authorize the City of Brockton to light its City Stables from its Electric Lighting Plant in City Hall. 19O4. C. 106. An Act to provide for the Election of a Board of Water and Municipal Light Commissioners in the Town of Ipswich. C. 160. An Act to enlarge the Authority of Certain Precincts in the Town of Templeton to establish a Public Lighting Plant. C. 202. An Act to authorize the Hudson Gas Light Company and the Marlborough Gas Light Company to consolidate. C. 324. An Act to authorize the Town of Ipswich to furnish Electricity to the Town of Rowley and its Inhabitants. C. 337. An Act to authorize the Spring-field Gas Light Company to do Business in the Town of Agawam. C. 340. An Act to extend the Corporate Powers of the Turners Falls Company. 1905. C. 94. An Act to authorize the Adams Gas Light Company to do Busi- ness in the Town of Cheshire. C. 148. An Act to authorize the Nantucket Gas and Electric Company to sell and transfer its Franchises. C. 278. An Act relative to Wires and Electrical Appliances in the City of Somerville. C. 292. An Act relative to the Hoosac Electric Power Company. C. 293. An Act to authorize the Old Colony Street Railway Company to sell Electricity to the Eastern Park Construction Company. SPECIAL LAWS. 183 C. 309. An Act to authorize the Transfer of the Franchise of the Fram- ingham Gas, Fuel and Power Company. C. 421. An Act relative to the Consolidation of Certain Gas Companies in the City of Boston. 1906. C. 74. An Act to authorize the Chicopee Gas Light Company to do Busi- ness in the Town of South Hadley. C. 75. An Act to authorize the North Adams Gas Light Company to do Business in the Towns of Monroe, Florida and Savoy. C. 106. An Act to authorize the Springfield Gas Light Company to do Business in the Town of Ludlow. C. 131. An Act relative to Wires and Electrical Appliances in the City of Pittsfield. C. 169. An Act to authorize the Town of West Springfield to manufacture or purchase Electricity for Use in its Water Supply Depart- ment. C. 391. An Act relative to Wires and Electrical Appliances in the City of Haverhill. C. 405. An Act to authorize the American Woolen Company of New Jersey to erect and maintain Poles and Wires and furnish Electric Light and Power in the Town of Acton. C. 422. An Act to promote the Reduction of the Price of Gas in the City of Boston and its Vicinity. C. 535. An Act relative to the Furnishing of Electric Light and Power in the Town of Acton by the American Woolen Company of New Jersey. 19O7. C. 124. An Act to authorize the Greenfield Gas Light Company to do Business in the Town of Montague. C. 126. An Act to authorize the Taunton Gas Light Company to do Busi- ness in the Towns of Raynham and Dighton. C. 127. An Act to authorize the Fall River Gas Works Company to do Business in the Town of Somerset. C. 325. An Act relative to Wires and Electrical Appliances in the City of Brockton. C. 374. An Act to authorize the New Bedford and Onset Street Railway Company to manufacture and sell Electricity for Light and Power. C. 397. An Act to provide for the Appointment of an Electric Light Board in the City of Chicopee. C. 551. An Act to provide for the Improvement of the River Front of the City of Springfield. 184 SPECIAL LAWS. C. 440. An Act to authorize the Webster Electric Company and the South- bridge Gas and Electric Company to consolidate. C. 558. An Act to authorize the Millers Falls Water Supply District to purchase and distribute Electricity. 1908. C. 235. An Act relative to the Otis Company. C. 339. An Act to facilitate the Inspection of Wires in Buildings in the City of Boston. C. 347. An Act to provide for removing or placing underground Certain Wires and Electrical Appliances in the City of Boston. C. 369. An Act to authorize the Town of Reading to sell and distribute Electricity for Light, Heat or Power in North Reading, Wil- mington and Lynnfield Centre. C. 580. An Act to incorporate the French King Rapids Power Company. 1909. C. 48. An Act to authorize the Election of Commissioners of Public Works in the Town of Hudson. C. 66. An Act relative to the Terms of Office of the Electric Light Com- missioners of the City of Chicopee. C. 72. An Act relative to Wires and Electrical Appliances in the City of Springfield. C. 152. An Act to extend the Authority of the Holyoke Water Power Company to manufacture, sell and distribute Electricity for Power Purposes. C. 260. An Act to authorize the Marion Gas Company to do Business in the Town of Wareham. C. 438. An Act to authorize the Beverly Gas and Electric Company to do Business in the Town of Topsfield. C. 456. An Act to extend the Corporate Powers of the Boston Duck Com- pany. C. 473. An Act to authorize the Metropolitan Water and Sewerage Board to sell or lease Certain Land for the Transmission of Electric Power. C. 479. An Act to authorize the Town of Framingham to procure and use Electricity for Certain Municipal Purposes. C, 496. An Act to establish an Electric Light District in the Town of Erving. 1910. C. 136. An Act relative to the Municipal Election and the Municipal Year in the City of Holyoke. SPECIAL LAWS. 185 C. 318. An Act to extend the Time for the Removal of Overhead Wires in the City of Pittsfield. C. 448. An Act relative to Wires and Electrical Appliances in the City of Salem. C. 515. An Act relative to the Taxation of Property held by the Metro- politan Water and Sewerage Board in the Town of Clinton and to the Sale or Disposal of Electricity by Said Board. C. 580. An Act to authorize the Greenfield Electric Light and Power Company to do Business in the Towns of Shelburne and Buck- land. C. 581. An Act to authorize the Trustees of Dummer Academy in the County of Essex to obtain Electricity from the Town of Rowley. INDEX. INDEX ABATEMENT OF SMOKE. PAGE board to enforce act, .... ... 168, 169 to report to general court, ...... . 169 to make rules, etc., .... .... 169 definition of certain words and terms, . . . . . .165 deputy inspectors, appointment, etc., 168, 169 emission of smoke, regulated, .... . 166-168 expenses, to be apportioned, etc., ....... 170 orders relative to emission of smoke, . . . . . . .169 penalty for violating order of board, . . . . . . 169, 170 smoke inspector, appointment, duties, etc., .... 168, 169 temporary permits, 170 ABSTRACTS. of returns of companies, 15 of accidents, ........... 15 ACCIDENTS. chief of police to report, . 34 commissioners to investigate, 34 gas and electric companies to report, 34 medical examiner to report, ...... .34 ACCOUNTS. See ELECTRIC COMPANIES; GAS COMPANIES. AFFIDAVIT. notice of first meeting corporation, . . , . . . 107 AGREEMENT OF ASSOCIATION. contents of, . . . . . . . . . . . 103 ALDERMEN. See MAYOR AND ALDERMEN. AMENDMENT, corporations, subject to, . . Ill AMMONIA. amount permitted, in gas, . . . . . . . . 97 ANNUAL REPORT. See GAS AND ELECTRIC LIGHT COMMISSIONERS. ANNUAL RETURNS. See ELECTRIC COMPANIES; GAS COMPANIES; MUNICIPAL LIGHTING. ANTI-STOCK WATERING. See CORPORATION. APPEAL. from assessors, as to valuation of real estate, etc., . . . 33 from mayor and aldermen, etc., as to new companies, etc., . . 28, 29 as to pipe lines, . . . . . . . , . . . 156 APPLICATIONS, by gas companies for authority to do electric business, ... 23 APPOINTMENT. gas and electric light commissioners, 9 inspectors of gas 90, 91 inspector of wires, .......... 146 manager municipal lighting plant, . . 75 190 INDEX. APPORTIONMENT. PAGE expenses of board, 12 of inspection of gas, ......... 93 APPROPRIATION. annual estimate of, by board, 13 for municipal lighting plant, 76, 77 APPROVAL. by board, of bond issues, 18, 19 of stock issues, 18, 19, 163 of price, of gas and electricity by municipal plants, .... 77, 78 of contracts for purchase of gas, ....... 155 of contracts for sale of gas, ........ 158 AQUEDUCT COMPANY. bonds, commissioner of corporations to authorize, .... 18 equity jurisdiction, as to, ........ 20 proceeds, application of, . . . . . . . . . 19 capital stock, issue of, 18 equity jurisdiction, as to, ........ 20 increase of , . . . . . . . . . . 20,21 issue for, par only, .......... 18 proceeds, application of, . . . . . . . .19 stock, etc., dividends forbidden, ....... 18 political contributions, prohibited, ' . . . . . . 55, 56 ATTORNEY GENERAL. notice to, of violations of law, ....... 17, 20, 23, 100 penalties for omissions to file certificate, . . . . . . 139 AUCTION. Stock sale at, when, . . . . .'...'. . 21,22,163 AUDITOR. certificate of condition, verified by 127 BAY STATE GAS COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. BOARD. See GAS AND ELECTRIC LIGHT COMMISSIONERS. BOND. member of commission, receiving fees, to give, .- . . 92 to be reimbursed for premium, . . . . '' . . . .. 93 municipal lighting plant, manager to give, , . . . ; -._.. 75 treasurer of corporation, . . .110 BONDS. corporations, of public service, regulated, 18, 19 electric light and power companies, . . . . . . . 17, 18 foreign, of, ........... 23 gas companies, . . . . . . . . . . 17, 18 rate of interest, .......... 17 municipal, for gas and electric plant, 64 limit of issue, .......... 64, 65 interest how raised, ......... 65 payment by annual instalments, ....... 66 sinking fund to be established, ....... 65 BONUS. giving to agent, etc., of another, penalty, . . . . . .41 BOOKS. See ELECTRIC COMPANIES AND GAS COMPANIES. INDEX. 191 BOSTON CONSOLIDATED GAS COMPANY. PAGE act of incorporation, ......... 150 acceptance of act, .......... 159 consolidating following companies: Bay State Gas Company, Boston Gas Light Company, Brookline Gas Light Company, Dorchester Gas Light Company, Jamaica Plain Gas Light Company, Massachu- setts Pipe Line Gas Company, Roxbury Gas Light Company, South Boston Gas Light Company, . . . .... .150 termination of act, . . . . . . . . 159 annual report of cost of gas, 161 capital stock of, . 153, 154 issue of additional, . . . . . . . . . . 153 reduction of, when, ......... 155 contract for purchase of gas, approval of, . . . . . . 155 contracts for sale of gas, approval of, ...... 158 excess profits, disposition of 162 limit of authority to sell electricity, ....... 151 to sell gas, ". . . 158 manufacturing works, to provide, when 155 maximum price of gas, to be reduced, 160 method of determining cost of gas, revised, how, .... 161 new stock, issue of, 163 value of, how determined, 163 auction sale of, .......... 163 to be offered to stockholders, when, . . ... . . . 163 par value of capital, effect of, limited 160 pipe lines, locations for, 156, 157 price of gas to be purchased 155 property to be acquired by, ........ 151 purchase, etc., of other systems, 157, 158 real estate, proceeds of, 155 reserve fund, how created, . 162 right to sell plant to city, reserved, . . . . ... .160 " sliding scale " act, 161 acceptance of, .......... 164 standard price of gas, fixed, . - 161 regulations as to lowering or raising, . . . . . 164 standard rate of dividend, fixed, 161 stock of certain corporations, to be property of, . . . . .159 value of shares of dissenting stockholders, 153, 154 BOSTON GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. BROOKLINE GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. BUSINESS, change of corporate, . . . . ... . 126 of corporation, scope of, . . . .... . . 125 BY-LAWS. certificate of, as to municipal lighting, . . , . . . . 61 corporations, in general of, . . . , . .... . 110 employees' stock as to, . . . . . . ... 123 manufacturing corporations, as to, . . . . 107,111 municipal lighting plant, relative to, 79 192 INDEX. CANDLE POWER. PAGE standard of, for gas, 97, 98 CAPITAL STOCK. See CORPORATIONS. CASH PAYMENT. for shares of stock, 18, 21, 22 CERTIFICATE. by gas company of vote to sell electricity, 23, 24 by manager of municipal plant of change in price, .... 78 See CORPORATION. CHANGE. of business, 126 of location, ... 103, 104 of name, 105, 106 of par value, 120 CHARTER. alteration or repeal of, . . . . . . . . .111 CHIEF OF POLICE. to report accidents, 34 CITY. inspector of wires, appointment of, 146 manager of municipal plant, appointment, ..... 75 municipal indebtedness, how created, 64 municipal lighting, as to, 61 wages, weekly payment of, by, . . . . . . . .47 CITY CLERK. duties as to municipal lighting, . . . . . . . . 61,62 CLERK. See CORPORATION. CLERK OF THE BOARD. appointment, duties, salary, etc., . . . . . . 10, 11 COAL. See COKE. COKE. baskets or bags, sale by, when, . . ... . . 56 capacity, sealing and marking, . . , . . 56 delivery in, to buyer, . . . . , . . . .57 seizure of illegal measure, . . . , .. . . 58 dealer in, to be licensed, . , . - . " . ..'.'.-'.' 58, 59 penalties, for false answer, etc., . . ... . . 58 illegal measure, for having, . . . ... . . . 58 weighing by weigher, if sale by weight, . ,- . . - . 57 certificate of weight by weigher, . . . ... 57 sealer may require weighing, when, . . . . ... 57 weight, sale by, when, 56, 57 weighing by weigher, certificate, ....... 57 COMMISSIONER OF CORPORATIONS. duties of, 100 COMMISSIONERS. See GAS AND ELECTRIC LIGHT COMMISSIONERS; RAILROAD COMMIS- SIONERS; TAX COMMISSIONER. COMMISSIONER OF WIRES. in Boston, duties of, ......... 147 COMPLAINT, to board, of price or quality of gas or electricity, .... 32 of candle power of gas, . . . . . . . . .98 CONDUITS. See UNDERGROUND CONDUITS. INDEX. 193 CONSOLIDATION. PAGE aggregate capital not to be increased upon, 22, 23 of gas and electric light companies, how authorized, . . .26, 27 CONTRACT. Boston Consolidated Gas Company, for purchase or sale of gas, 155, 158 of town with street railway company, ...... 62, 63 purchase of lighting plant, by municipality, ..... 68 to carry on gas works, regulated 23 CO-OPERATIVE ASSOCIATIONS. agreement of association, ........ 103 associates, number of, 102 authority to incorporate, . . . . . . . . . 102 capital, limit of 102 increase of, ........... 122 name, "co-operative" to be a part of, . . . . . .104 organization, method of -. - . 103-108 profits, distribution of, ......... 132 shares, par value, change, . . . . . . . 120 limit of holdings, .......... 132 new shares, issue and disposition of, 122 CORPORATION. In General. attorney general to proceed against, 139 authority in general, denned, 110-112 business location, change of, 103, 104 by-laws, authority to make Ill law, not inconsistent with, . . . . . . . .111 meetings, to arrange for calling, etc., Ill penalties, may affix, ........ Ill, 112 proxy- voting, to fix, . . . . . . . . .111 quorum, to prescribe, . . . .. . . . .111 sales for assessments, to fix, . . . .. . . .111 tenure of office, to prescribe, . . . . . . . .111 voting on shares, to fix, . . . . . . . . .111 charters, alteration or repeal, . . . . . . . .111 conveyance of land, powers as to, . 112 dissolution, application to court for, . . . . . . . 137 continuance for winding up, ........ 138 extinct after, to be, . . . . . . . . . 137 majority in number or interest may apply for, ..... 137 return to secretary of state, '. v .< . . . . 139 dissolution, return, legislature, to, by secretary of state, . . . 129 surrender of certificate, by, . . . . ' . . . . 138 dividends, non-payment if residence unknown, . . . 113 stock dividends, forbidden, when, . . ..... 18 transfer of stock, payment after, . . . . . . .114 unclaimed, list to be published, . . . . . ' . . 125 employees, weekly payment of wages, ...... 47 existing, continuance and powers, . . . . . . .111 franchise, holding before organization, 107 future, subject to future laws Ill land, power to convey, . . . . . . . . .112 change of location, upon, ....... 103, 104 194 INDEX. CORPORATION continued. PAGE meetings, by-laws to prescribe, . . . . . . .111 executors, etc., to vote at, ........ 112 justice of the peace to call, etc., when, ...... 112 presiding officer in such case, . . . . . . .112 transaction of business, . . . . . . . .112 vacancies among officers, filling, . . . . . . .112 name, choice of, 104 change of, application for, ........ 105 certificate, filing and fee, ....... 106, 140 rights under new name, ........ 106 existing, not to use name of, ........ 104 injunction to restrain use of, ....... 104, 105 officers, defining duties and obligations, . . . . . 110, 111 compensation, how fixed, . . . . . . . .111 election, prescribing, manner of, . . . . . . 110, 111 meeting called by justice, at, . . . . . . .112 lists of stockholders, on request, . . . . . . .112 name, change of, duties as to, . . . . . . . 105, 106 organization, filing certificate of, ....... 107 recording, to be resident of state, etc., . . . . . .113 treasurer to keep stockholders' list, . . . . . . .112 inspection, open to; penalty, . . . . . . .112 receivers, appointment, duties, etc., ....... 138 debts, payment of, ......... 138 surplus, payable to stockholders, . . . . . . .138 seal, to have, alteration of, . f . . . . . .111 Actions by and Against, actions, general provisions as to, . . . . . . .111 damages against, warrant of distress for, . . -..,' . . . 136 execution, toll franchise, sale of, on, . . . ... . . 136 name, upon change of, ......... 106 receivers, appointment of, by court, . . ... . . 138 debts, payment of, . . . . . .-..-. . . 138 duties and powers generally, . . . V . . . . 138 surplus payable to stockholders, . . . V .' . . 138 venue, creditor's residence, etc., brought at, when, . . . . 137 Attorney General. commissioner to inform, as to, . t 100 gas and electric companies, as to, 17, 20, 23 informations against, neglecting returns, 139 manufacturing, etc., to proceed against, when, ..... 139 public service corporations, stock, etc., issue, 20 Capital and Shares, dividends withheld, if residence unknown, . . . . . .113 payment after stock transfer, . . . . . . . .114 stock dividends, forbidden, ........ 18 certificates void ; penalty, ..... 18 unclaimed, list to be published, ....... 125 lists of stockholders, filing, when, 113 INDEX. 195 CORPORATION continued. PAGE new shares, issue of; stockholder's rights, ...... 20-22 par value, how fixed, 120 change to standard value, . . . . . . . 120 issue for less than, forbidden, ........ 18 preferred stock, as to, 122, 123 stock dividends, issue forbidden 18 Stockholders, registry of names, residences, . . . . .113 dissolution, vote for, ......... 137 executors, etc., to vote as, . . . . . . . .112 list of, treasurer to keep, . . . . . . . .112 filing with secretary of state, . . . . . . .113 inspection, open to, under penalty, . . . . . .112 new issues of stock, notice to, . . . . . . . 20, 21, 121 proportionate distribution at par among, .... 20, 21, 121 residence of stockholders to be known, . . . . . .113 certificates held, if unknown, . . . . . . .113 title to shares transferred, good, when, . . . . . .114 transfer, collateral as, effective, when, . . . . . .114 dividends, payment after, . . . . . . . .114 recording officer to be resident of state, . . . . . .113 records to be made, etc., within state, . . . . . .113 voting, by-laws to fix, . . . . . . . . .111 Commissioner of Corporations. attorney general, to notify, of violations, 100 capital, payment in, as to, 124, 125 certificates, to examine, indorse, etc., ...... 128 of organization, as to, . . . . . . . . 108, 109 confirmation of proceedings, etc., as to, . . . . . 135 creditors, corporations of, as to, . 103 dissolution, to apply for, when, 128 duties of, . . . . . ... . . .100 equity jurisdiction, may invoke, . 20 informations, relator in, ......... 139 name, approval by, ... ... 106 assent to use of, filing with, ...... . 104 change of, duties as to, . . . . . . . . . 106 par value of shares, change, approval by, . . . . . . 120 penalties, recovery, duties as to, . . . . . . 139 records of certificates, etc., to keep, 100 returns, certificates, duties as to, . ... . . . . 127 auditor, records as to, . . . . . . . . 127, 128 service on first clerk, . . . ' . . . . 100 statement of property taken as capital to, . '. . . . 124, 125 stockholders, lists, form, to prescribe, ... .113 vacancy, first clerk's duty, .100 Foreign Corporations. attorney general, duties as to, * 23 bonds, etc., secured by property of domestic, . . . . v . 23 capital stock, issue, secured by domestic corporation, . . 23 definition of, . 23 196 INDEX. CORPORATION continued. PAGE domestic corporations, control of, 23 electric company, control of domestic, as to, . . . . 23 equity jurisdiction, as to, 23 forfeiture, as to, . . . . . . . . .23 gas company, control of domestic, as to 23 Taxation, franchises, corporate, general provisions, ...... 35-39 annual payment upon, ......... 38 deductions to be made, ......... 37 domestic business corporations, returns, . . . . . .36 machinery, value, how ascertained, ....... 37 remedy when values cut down, . . ... . . .38 rate of, how determined, ........ 38 real estate, value, how ascertained, . . . . . . .37 remedy when values cut down, ....... 38 value, how ascertained, ......... 39 machinery, assessed where situate or employed, .... ~T~ 36 value, how ascertained, ......... 37 remedy when values cut down, ....... 38 real estate, assessed where situate, ....... 36 value how ascertained, ^ . . . . ... . 37 remedy when values cut down, ....... 38 tax commissioner, returns to be made to, ..... 36 details of returns to, . . . . . . . . .36 values, commissioner to ascertain, . . ... . . .37 appeal, may be heard on, . . . ... . . . . 38, 39 remedy, when diminished, . . . . ... . 39 Manufacturing (In General). adoption of chapter 110, . . . . . v . . . . 101 agreement of association, contents, . . . . . . 103 associates, number of, . . . . . . ~~. . 102,103 par value of shares, to state, . . . ~. ~ , ;.' . . . 103 applicability of chapter 110, . . . .. ' . ; . 100,101 attorney general to proceed against, ". .. / " ... . 139 beds in hospitals, support of, . . . . . . . 126 business, limitations in agreement as to, . . . . 125, 126 capital to be first paid in, ........ 124 change by stockholders' vote, ........ 126 certificate of, filing, approval, . . . . . . 126 fees for filing, etc., certificates, ....... 140 confirmation of illegal, ......... 135 extra-state, may carry on, ........ 125 gas companies, extension of, ........ 126 location, change of, 103, 104 officers and agents to direct, . . . . . . . .110 property-holdings, etc., limits, ....... 125, 126 gas stock may be held, ........ 134 realty, conveyance, leases, etc., ....... 126 INDEX. 197 CORPORATION continued. by-laws, adoption at organization, choice of officers, to prescribe, . employees' stock, as to, . proxy-voting, to determine, quorum of stockholders, to fix, treasurer's bond, to prescribe, . certificate of change, etc., of business, certificates of incorporation, forms, issue, certified copy to be evidence, . existing corporations, issue to, fees, payment of; amount, force and effect of , . forms for existing, and new, issue by secretary of state, records of certificates to be kept, certificates of organization, making of, . abstracts for legislature, . commissioner to examine, etc., existing corporations may file, filing with secretary, . confirmation of illegal proceedings, dissolution for failure to make returns, fees for copies of records, . certificates, for recording, etc., first meeting, mode of calling, . adjournments of, . eligibility of directors at, notice,, contents, service, etc., . affidavit of giver, . organization, election of officers, record of proceedings, . temporary clerk, duties, etc., . . treasurer, choice of, . franchise, subscribers to hold, . name, corporate, . ; . . change of, . ; penalties for not filing certificates, lists, for failure to furnish, . . property, holding, conveyance, . capital increase, upon, . purposes, in general, * . . . returns, annual certificate of condition, abstracts of returns, copies printed, etc., . approval of commissioner, auditor, certificate of, capital stock, of increase or reduction, dissolution for not making, fee for filing, etc., certificates, . penalty for omission of , . proceedings upon not making, . PAGE . 107 . 110 123 111 111 . 110 . 126 108, 109 108, 110 109 . 140 108-110 108, 109 108-110 108, 110 . 107 . 129 . 107 108, 109 108, 109 . 135 . 127 . 140 . 140 . 107 . 107 . 107 . 107 . 107 . 107 . 107 107 . 107 . 107 . 104 105 . 139 . 139 125, 126 . 121 102, 103 127 . 129 . 128 . 127 . 128 128 . 139 139 139 198 INDEX. CORPORATION continued. Manufacturing (Capital Stock). PAGE assessments, authorization and limits, 123, 124 instalments, payment in, ........ 124 sales for non-payment, . . . . . . . . .124 by-laws, may regulate, . . . . . . . .111 deed, execution, form, etc., . . . . . . . 124 notice, how given, .......... 124 certificates, issue, form, etc., . . . . . . . .112 duplicates upon loss of , . . . . . . . . 112,118 new, issued on transfer, . . . . . . . . 112, 118 change of par value, 120 charters, special, under 120 consolidations of public service corporations, ..... 22 debt watering, to prevent, .22 disposition of original shares untaken, ...... 107 new shares, of, 20-22, 121 co-operative associations, in, . . . . . . ._*_ 122 employees' stock, issue, . . . . . . . . .123 amount, par value, payment of ........ 123 dividends on, and transfer of, ........ 123 increase, limits of . 18, 21, 122 certificate, filing, 'approval, ' , . . . . . . . 128 fee for filing, 140 penalty for failure to file, ........ 139 disposition of shares, . , . c . . . . . 20-22,121 special charters, under, . . . . . . . . .121 stockholders, to determine, . . . . . . . 121 limits of, in general, . , , . . . . . . . 102, 103 par value, how fixed, . ... . . ... . . 120 change of, how made, . . . . .....'. . 120 issue for less than, forbidden, . . . . ." . . 18 payment in full, of, before business, ..',., , " . . 124 cash payment, necessary, when, . . . . . . . 18, 124 certificate, sworn, to be filed, . . . ."-,.".-. . . 124 approval, etc., by commissioner, etc., . . ' . ,. 124,125 claims against bankrupt, etc., taken in, ... , . . . . 125 notes, etc., in, prohibited, . . . . ..... . 125 of, property, 124, 125 reduction, limits of, 121 application to court, when, ........ 121 certificate, filing, approval, . . . . . . . . 128 special charters, under, . . . . . . . . .121 stockholders to determine, . . . . . . . .121 special charters, under, how fixed, 120, 121 special stock, issue, dividends, redemption, etc., .... 122 employees, issue to, ...... . 123 Stock watering, to prevent, 18 subscribers, rights to 107 transfer of shares, mode, etc., 113, 114 employees' stock, of, . . . . . . . . 123 INDEX. 199 CORPORATION continued. Manufacturing (Officers) . PAGE annual choice, manner, etc., '. 110 certificate of organization, to file, ...... 107, 109 conveyances, etc., by, how restricted, ..... 125, 126 defence of suits against, . . . . . . . . .132 election at organization, ......... 107 list of 130, 131 clerk, yearly choice by ballot 110 capital stock, to make return of increase or reduction, . . . 128 confirmatory proceedings, as to, . . . . . . 135 duties, records, oath, . . . . . . . . .110 list of officers, etc., to furnish, ........ 130 penalty for refusing list, etc., of, . . . . . . . 139 record of shares by, when, . . . . . . . .112 temporary, at organization, ........ 107 directors, choice, number, etc., . . . . . . . .110 business change, to sign certificate of, ...... 126 certificate of capital, to sign, etc., ....... 124 increase of, 128 confirmatory proceedings, as to, . . . . . . 135 duplicate stock certificates, as to, 70, 118 issue of shares, to notify, of, 20, 21, 122 returns and certificates by, . . . . . . . .127 liability upon neglecting, ........ 139 to choose president, . . . . . . . . .110 liability for debts, contracts, etc., 129, 130 defence of corporation suits by, ....... 132 bond for costs requisite, ........ 132 equity proceedings to enforce, . . . . . . . .131 execution must be unsatisfied to fix, . . . . . . 130 judgment prerequisite to, . . . . . . 130 list to be furnished creditors, . . . . . . . . 130 penalty for refusing list, etc., of, . . . . . . . 139 returns and certificates, for neglect of, ...... 139 president, choice and qualifications, . . . . . . .110 business change, to sign certificate of, . . . . . 126 certificate of capital, to sign, etc., ...... 124, 125 president, certificate of increase of capital, to sign, .... 128 returns and certificates by, . . . . . , . . . . . 127 liability upon neglecting, , .,-. . . . . . . . 139 treasurer, choice, term, etc., , . 110 assessment, paid to, sale, notice, etc., . . . ... 124 bond, amount, conditions, etc., . . . . ,.,... 110 business change, to sign certificate of, . . . . . .126 increase of, .......... 128 deeds of shares sold, to make, ........ 124 returns and certificates by, . . . . . . . .127 liability upon neglecting, ........ 139 stock certificates, to sign, 112 200 INDEX. CORPOEATION concluded. Manufacturing (Stockholders) . annual choice of officers by auditor, to appoint, when, ...... business, change by, when, ...... capital, increase, etc., to determine, . confirmatory proceedings by, contribution among, for debts paid, etc., . conveyances, etc., must authorize, ...... defence of suits against corporation, . bond for costs, requisite, . . hospital beds, vote as to, liability for debts, contracts, etc equity proceedings to enforce, ...... non-abatement, dismissal, etc., . estates in hands of executors, etc., of, execution must be unsatisfied to fix, . judgment prerequisite to, . . . . limitation of par of stock, ...... list to be furnished creditors, ...... penalty for refusing list, etc., of, . proportionate to holdings, ...... special stock, restricted as to, . proxy-voting, restrictions, quorum, by-laws to determine, . majority in interest to form, when, . < real property, consent to conveyance, . . . shares, to have certificates, etc., of, . . employees' stock, as to, . . . . new, who entitled to, . . special stock, rights respecting, . , non-liability under, . . . . transfer of, . . . * . 4 . . . . CREDITOR. remedy, against officers and stockholders, . . '- . ' . CUBIC FEET. unit for measure of gas, . . . -i 'i * price per thousand for Boston Company, . . . DAMAGES. claim of abutting owner for, lines in ways, double, for refusing certified lists of officers and stockholders, liability for, city or town owning plant, . for death and conscious suffering of employee, from laying, etc., wires in public ways, . pipes, etc., of gas company in ways, . DEATH. damages for, of employee, ...... report of, caused by gas or electricity, . DEBT. liability of officers and stockholders for, . See BONDS. DEBT LIMIT. relative to bonds for municipal plants, . PAGE . 110 127 . 126 121 . 135 . 130 . 126 . 132 . 132 . 126 129 . 131 132 . 131 . 130 . 130 . 131 130 . 139 131 . 122 . Ill 111 . Ill 126 . 112 123 20, 122 . 122 122 113, 114 129-132 94 160, 161 . 144 139 83 49 25 133 49 34 129-132 64 INDEX. 201 DEBT WATERING. PAGE act to prevent, .......... 22 DEFECT. ways, works or machinery in, ........ 49 See EMPLOYERS' LIABILITY. DEFINITIONS. "board," 165 "certificate," 119 "chart," 165 "child" or "minor," 39 "company," 33,34 "corporation," .......... 34 "delivery," 119 "district," 165 "domestic business corporations," 35 " electric light company," 26 "factory," 39 "foreign corporation," 23,35 "gas company," 26,34,99 "gas light company," 99 "manufacturing establishments," 39 "mechanical establishments," 39 "person," 39,119 "public building," 39 " purchase " and " purchaser," . . . . . . .119 "school house," 39 "shares," 119 "state," 119 "stock," 165 "title," 119 "transfer," 119 "value," 119 "woman," 40 "workshop," 40 "young person," .......... 40 DEPOSIT. interest on, to be paid by companies, ...... 134 DEPRECIATION. municipal plants, provision for, 76, 77 fund for, ........... 77 uses of fund, . . . . i . . . . . 77 DIRECTORS. See CORPORATION. DISC PHOTOMETER. gas companies to provide, when, . . . . . . . 96 DISSOLUTION. of corporation for failure to file certificate, . ' . . . . 128 for illegal issue of stocks, etc., . . . . . . . 23 DIVERSION OF GAS SUPPLY. penalty for, . . 99 DIVIDENDS, employees' stock on, . . . .... . . 123 payment after transfer of stock, . . . . . .114 preferred stock, on, . . 122 special stock, on, . . 122 202 INDEX. DIVIDENDS concluded. PAGE standard, of Boston Company, 161 stock, prohibited, 18 unclaimed 125 DORCHESTER GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. EASEMENT. electric companies not to acquire 148 ELECTRIC COMPANIES. In General. applicability of laws to persons, etc., 148 inspector of wires, duties, 146 equity jurisdiction, may invoke, ....... 147 poles, insulation required; penalty for neglecting, .... 147 political contributions, prohibited, . . . . . . 55, 56 property, affixing wires, etc., to, 147, 148 consent of owner to entry on, required, ...... 147 corporate name to be affixed to poles, etc., .... 147, 148 wires, etc., construction regulated, insulation, etc., . . . 145, 146 equity jurisdiction, as to, ........ 147 expense of removal, ......... 146 inspector, duties, etc., . ^ ....... 146 names of owners to be affixed, 145 Gas and Electric Light Commissioners. accidents, investigation of, 34 accounts of companies, to prescribe form of, 29 appeals to, . . . . . . . . . 28, 29 authority and duties, denned, 14, 15, 17 bonds, duties as to issue of, . . . . . . . 18, 19 books of companies, inspection, etc., ...... 29 capital stock, to authorize issue, . 18,19 increase of , as to, . . . . . ..... . . 20-22 complaints as to price and quality, . . . V. . 32 equity jurisdiction, to invoke, . . . ... . 17 examination of companies, . . . . . . . . 14 returns to, . . . _ 4 . * . . . .30 supply to public, to enforce, . . . . . ... . 31 violations of law, notice to attorney general, < . . .17 Light Companies. bonds, issue regulated, 17-19 capital stock, issue regulated, 18-22 commissioners to authorize; proceedings, . . . . . . 18, 19 equity jurisdiction, as to, . . . . . . .20 illegal issue; penalty, ......... 20 impairment of, as to, ......... 19 increase and reduction of, ........ 121 increase, disposal of new shares, ....... 2022 par, issue for, only, ......... 18 INDEX. 203 ELECTRIC COMPANIES continued. PAGE consumers, entry on premises of, ....... 98 stoppage of supply on non-payment, ...... 98 none though prior occupant in arrears, ...... 99 definition of "company," etc., . 26,33,34 dissolution for stock, etc., issue by foreign, ..... 23 interest in companies, none by commissioners, ..... 9 lines, construction by new companies, ...... 28 appeal to commissioners, ........ 28 meters, test, expense, etc., 32, 33 injury, etc., to; penalty, ........ 34 officers, illegal stock or bond issue; penalty, ..... 20 penalty for injury to property, ........ 34 unlawful diversion of electricity, for, ...... 34 records as to plant at factory, 30 stock, etc., dividends prohibited, 18 Light, Heat or Power Companies, applicability of laws to persons, etc., ...... 148 cities and town, regulation by, ........ 143 conduits under ways, ......... 142 construction for private use, ........ 142 injunction of violation of regulations, ...... 143 ordinances to regulate, in cities, ....... 144 penalty for injuring wires, etc., . . . . . . .143 violation of regulations, proceedings, . * . . . . . 143 lines, construction authorized, ........ 141 conduits under ways, ......... 142 cutting, etc., to remove buildings, etc., ...... 148 penalty for cutting, without notice, ...... 149 damages to abutters, etc., assessment, etc., ..... 144 easement, etc., non-acquisition of, ....... 148 illegal structures unprotected, ........ 149 injury to, penalty, .......... 148 poles, location, alteration, etc., ....... 142 recording of specifications, etc., ...... 141, 142 public, not to incommode, ........ 141 removal, if damages unpaid, . . . . . . . 145 towns may permit, upon or under, etc., ways, .... 142, 143 new companies, business by, restricted, ...... 28 private lines, alterations in construction or location, . . . 142 attachment of other wires to, . . . . . . . . 143 construction of , . . . . . . . . . 142 penalty for injury to, . ... . . . . . 143 poles and structures to belong to town, . . - . . . 143 removal of, after hearing, . . . . . . . . 143 Light or Heat Companies. accidents, report to commissioners, . . . . 34 accounts, commissioners to prescribe form of, . . . . .29 books, inspection by commissioners, ....... 29 definition of " company," etc., ., 26, 33, 34 204 INDEX. ELECTRIC COMPANIES concluded. PAGE office at location of works, ........ 29 price, complaint, to commissioners as to, . . . . . 32 application by company to fix, ....... 32 quality, complaint as to, to commissioners, ..... 32 returns, annual, to commissioners; penalty, ..... 30 supply to public, how enforced, . . . . . . . .31 violations of law, notice to attorney general, . . . . .17 Light or Power Companies. applicability to, of laws as to gas companies, ..... 25 bonds, amount of issue, limited, . . . . . . . 17, 18 issue authorized, interest, etc., . . . . . . . 17, 18 mortgage of franchise, etc., to secure, . . . . . . 17, 18 stockholders to authorize, . . . . . . . 18 gas companies, may do business of, 23 certificate, filing with secretary, ....... 23 commissioners to authorize, . . . . . . .23 damages for defects in ways, ........ 24 franchise, etc., purchase or lease, ....... 25 municipal authorities may regulate, ...... 25 plant, limit of time for equipment; extension, ..... 24 record of compliance with orders, ....... 24 poles and wires, erection of, regulated, ...... 24 local authorities, consent, , . . . . . . . .24 ways, digging up, repairs, ........ 24 powers and duties of, ......... 25 stockholders, vote for, ......... 23 guaranty deposits by consumers, 134 interest, penalty for non-payment, ....... 134 heating, cooking, etc., sale for, 27 mortgage to secure bonds, . . . . . . . . 17, 18 motors, sale for operating, 28 power companies, laying, etc., of wires regulated, . . . . 28, 29 must furnish information, etc., to board, . " * . . . . 29 returns to secretary of state, as to deposits, . ' ... . . . 134 stockholders, bond issue, etc., vote for, . . . . . 17, 18, 23 ELECTRIC HEAT COMPANIES. See ELECTRIC COMPANIES. ELECTRIC LIGHT COMMISSIONERS. See GAS AND ELECTRIC LIGHT COMMISSIONERS. ELECTRIC LIGHT COMPANIES. See ELECTRIC COMPANIES. ELECTRIC POWER COMPANIES. See ELECTRIC COMPANIES. ELECTRICITY. Lord's Day, making on, legalized, .60 stoppage of supply for non-payment, . . . . . . , 98 entry on consumer's premises for, . . . . . . .98 none, though prior occupant in arrears, . . . ... 99 EMPLOYEES. See LABOR. injury, damages for, . 49, 50 legal representatives, to sue for, . . . . . .- . 49 weekly payments, of, 47 INDEX. 205 EMPLOYERS' LIABILITY. PAGE death, damages for, 49 employers' liability 48-51 employer not liable, when, 51 evidence in reduction of damages, . . . . . . .51 exemption of employer, contracts for forbidden, ..... 53 injury, damages for, . . . . . . . . . 49, 50 legal representatives may sue, 49 liability for employee of contractor, etc., ...... 51 notice of injury, .......... 50 EQUIPMENT. by gas company of electric plant, ....... 24 defects in ways, works or machinery, ....... 49 EQUITY JURISDICTION. See SUPREME JUDICIAL COURT AND SUPERIOR COURT. EXECUTOR. may vote stock of estate, . . . . . . . . .112 EXISTENCE OF CORPORATION. already existing, to continue, Ill in hands of receiver, ......... 138 EXPENSES OF BOARD. assessment of, . . . . . . . . . . 12, 93 provisions as to, 11, 12, 93 FEES. corporations filing and recording certificates, .... 139, 140 electric meters, inspection and testing, 32, 33 disposition of, .......... 12 gas meters, examining and testing, ....... 95 disposition of, .......... 12 FINE. for corrupt influencing of agents, etc., 41 for failure to insulate poles, 147 for furnishing gas below standard, ....... 97 for illegal issues of stock, 20 for illegal weights and measures, 57, 58 for injury to lines, wires, etc., 148 for injury to meter, etc., . . 34,99 for injuring, etc., wires, etc., of private lines, 143 for selling coal or coke without license, ...... 60 for use of meter not sealed and stamped, . ..... 95 FIRST MEETING. of corporation, how called, . ... . . . . 107 FOREIGN CORPORATION. to prevent issue of securities based on domestic corporation, . . 23 definition of, . . . . . . . ;. . . 23 FORFEITURE. by city or town clerk, for failure to certify votes, . . . 62 for failure to make annual returns, . .... . .30 for omitting to file certificates, etc., . . . . . * . 139 FORM. of annual report, cost of gas, etc., in Boston, . . . . . 161 of annual returns, prescribed, . . . . . . . 30, 80 206 INDEX. FORM concluded. PAGE of books and accounts, prescribed 29 of certificate of condition, 127 FRANCHISE. attachment on mesne process, ........ 136 venue of proceedings, ......... 137 corporation subscribers to hold, 107 electric companies, mortgage of, 17, 18 lease or purchase by gas company, ....... 25 gas companies, not to transfer, . . . . . . 17 sale on execution, when and how, ....... 136 taxation of, general provisions, ........ 35-38 annual payment upon, ......... 38 deductions to be made, ......... 37, 38 domestic business corporations, returns by, ..... 36 machinery value, how determined, . . . . . .37 remedy when value cut down, ....... 39 rate of, how determined, ........ 38 real estate value, how determined, . . . . . . . 37, 38 remedy when value cut down, ....... 39 toll corporation, attachment, 136 sale on execution, etc., ......... 136 warrant of distress, sale on, ........ 136 GAS. consumer, illegal or fraudulent use by; penalty, 99 meter, testing in presence of , . . . . . . . .95 stoppage of supply on non-payment by, ...... 98 illuminating power, standard of, ....... 97 Lord's Day, making on, legal 60 unit of measure for sale of 94 GAS AND ELECTRICITY. See MUNICIPAL LIGHTING. GAS AND ELECTRIC LIGHT COMMISSIONERS. In General. appointment and number, . . . . " . . . . . 9 chairman, designation of, and salary, . . '.'... . 9 clerical assistance, allowance for, . . .- ' . - . . . 10 clerk, appointment, qualifications, . ... . . 10 duties, oath, etc., . . . ... . . ... 10 expenses, to be assessed to companies, . . . ... .. 12 penalties recovered applicable to, . . . . : . . . 12 fees received by, to treasurer monthly, . . . . , . . 94 incidental expenses, allowance for, . . . . . . 11 office to be kept, where 9, 10 qualifications of, .......... 9 report to general court, 15 price and quality of gas, as to, . . . . . . .32 purity of gas, desirable laws as to, . . . . . . .15 salaries of : 9, 10 street railways, record of rulings as to, . . . . . .63 terms of office, oath, vacancies, ........ 9 INDEX. 207 GAS AND ELECTRIC LIGHT COMMISSIONERS concluded. Duties and Powers. PAGE accidents, investigation of, .34 accounts of companies, to prescribe form, ...... 29 appeals to, as to new companies, ....... 28, 29 authority and duties defined, 14-17 bonds, issue, duties as to, . . . . . . . . 18, 19 books of companies, inspection, etc., ....... 29 capital stock, to authorize issue, ....... 18-21 increase of, duties as to, . . . . . . . . . 21 complaints to, as to price and quality, ...... 32 equity jurisdiction, to invoke, 17 examination of companies, ........ 14 expenses, companies to bear proportionately, ..... 12 surplus fees of gas inspector applied to, . . . . . .12 gas companies, control of, ........ 25 electric light and power by, to authorize, . . . . . 23 plant, to prescribe time for equipment of, ..... 24 lists of employees, etc., to prepare annually, ..... 16 gas meters, tests of, fees for, 33, 95 purity of gas, investigation of . .14 report to legislature as to, . . . . . . . . 15 records as to plant, duties, 30 report to general court, ......... 15 abstracts of company returns with, . . . . . . .15 printing and distribution, . . . . . . . 15 returns to, forms for; penalty, ........ 30 supervisory duties of, 14 supply to public, to enforce, 31 violations of law, notice to attorney general, ..... 17 GAS COMPANIES. accidents, report of, to commissioners, ...... 34 accounts, form of keeping, 30 bonds, issue for par value, limit of amount, ..... 17 commissioners to authorize, proceedings, . . . . . . 18, 19 impairment of capital, as to, . . . . . . . .19 interest, rate of, .......... 17 mortgage of franchise, etc., to secure, . . . . . . 17, 18 proceeds, application of, . . . . . . . . . 18, 19 stockholders to authorize, . . . . . . . . 17, 18 books, inspection by commissioners, etc., . . . . . .29 method of keeping, to be prescribed, ...... 29 capital stock, issue regulated, . . . . . . . 18-22 commissioners to authorize, proceedings, . . ... . . 18-21 equity jurisdiction to enforce laws as to, . -. . . .- , 20 illegal issue; penalty, . : . . .. , . .18,20 impairment of, . . . . _ . . . 29 increase and reduction, . .. . ...'.. . . 121 increase, new shares, disposal of, . .. ... * . 20, 21 sale by auction, place, etc., . . .. . . . > . " * 22 maximum and minimum limits, . . .. ... 102,121 208 INDEX. GAS COMPANIES continued. PAGE capital stock, other corporations may hold, limit, . . . .134 par, issue for, only, ......... 18 realty holding after increase 122 consumers, entry on premises of, ....... 98 attaching pipe without consent; penalty, ...... 99 meter, penalty for injury to, ........ 99 illegal, etc., use by, penalty for, ....... 99 stoppage of supply upon non-payment, ...... 98 none though prior occupant in arrears, ...... 99 contract to run works, consent of legislature to, . . . . .17 definition of "company," ........ 33 "gas company," of, etc., ........ 26,34 deposits by consumers, interest on, 134 dissolution for stock, etc., issue by foreign, 23 electricity for light and power, authority to furnish, . . . .23 certificate, filing with secretary, ....... 23 commissioners to authorize; control by, . . . . . . 23, 25 damages for defects in ways, . . . . . . .25 electric company franchise, purchase or lease, ..... 25 laws applicable to electric light companies, ..... 25 municipal authorities may regulate, ....... 25 plant, limit of time for equipment; extension, ..... 24 records of compliance with orders, as to, . . . . .24 poles and wires, erection, etc., of, regulated, ..... 24 local authorities, consent of, ....... 24 ways, digging up and repair of ........ 24 powers and duties of electric companies, ...... 25 purchase or lease of electric light companies, ..... 25 stockholders, vote for, ......... 23 franchise, mortgage of, 17 transfer, legislature to authorize, ....... 23 heating, cooking, etc., may furnish gas for, ..... 126 connection with flue, etc., . . . . . . . .134 powers, privileges and liabilities of companies for, .... 134 incorporation authorized, capital, . . .-"-. . . . 102 inspection laws apply to what, . 100 gas below standards, penalties for, etc., ...... 97 illuminating power, standard of ........ 97 inspection of gas, how and when, ....... 97 meter, supplying unsealed to consumer; penalty, .... 95 testing of meters in use, . . . . . . . . 95 photometer, to be furnished, . * . . . . . . 96 salary, etc., of inspector, to contribute to, . . . . . 93 standard measure for gas, . . . V . . . 94 test gas holders and meters, to provide, . . .- . . - . 94 inspector of gas meters, payment of expenses of 95 interest in company, none by commissioners, . . . . * 9 leases, legislature to authorize, . . . . . . - . 23 mortgage, to secure bonds, . . . . . 17 new company, business by, forbidden; appeal 28 office, in city or town where works are located, . . ". 29 officers, illegal stock or bond issue, . 18, 20 INDEX. 209 GAS COMPANIES concluded. PAGE pipes, laying, by new companies, ....... 28 appeal to commissioners, ........ 28 political contributions, prohibited, 55, 56 price of gas, complaint to commissioners, ...... 32 application by company, ........ 32 purity of gas, commissioners to investigate, ..... 14 quality of gas, complaint to commissioners as to, . . . . 32 real estate, purchase by bond issue, ....... 17 holding an increase of capital, ........ 122 returns, annual, to commissioners; penalty, ..... 30 secretary of state, to, of deposits by consumers, .... 134 station records to be kept, 30 steam for power, etc., may furnish, ....... 126 stock dividends forbidden, liability of directors, ..... 18 stockholders, vote for bond issue 17 electric business, vote for, ........ 23 heating, cooking, etc., vote for, ....... 126 new shares, subscription for, ........ 20 supply to public, how enforced, 31 transfer of franchise, works, etc., as to, . . . . . . 23 ways, digging up, etc., consent for, ...... 132, 133 damages, liability for; recovery over, . . . . . .133 gas-electric companies, by, ........ 24 restoration in good order, ........ 24 failure deemed a nuisance, ........ 24 second company, by, forbidden; appeal, ...... 28 GAS INSPECTOR. appointment, oath, term, 90 assistants, appointment, term, etc., oath, ...... 90 duties, 91 salary and travelling expenses, etc., . . . . . . . 11, 92 gas companies to pay proportionately, . . . . . . 12, 93 deputies, appointment, oath, qualifications, etc., . . . . 91, 92 compensation, . . . . . . . . . .91 fees for service, disposition of, . . . . . . . .92 surplus of, how applied, ........ 93 duties in general defined 91 apparatus, etc., .......... 93 certificates, etc., to dealers, not to give, . . . . . .91 expenses, etc., . . . . . . . . . .93 inspections of gas, how and when, ....... 97 interest in manufacture, etc., to have none, . . . . .90 meters, examination of, ........ .95 records of, examinable, . . . . . . . .95 testing of, in use; fees, . . . . , .95 photometer, etc., to be furnished to, for tests, . . . . . 96 seal or stamp, to have, record of, ..... .91 testing of meters; fees, ...... . 91,92,95 salary and travelling expenses, etc., . ..... . 92,93 gas companies to pay proportionately, . , . 93 210 INDEX. GAS METERS. PAGE character of, regulated 95 consumer's premises, entry on, to examine 98 removal of meters, etc., from, ........ 98 cubic feet, to register in 95 gas holders, provided for testing, ....... 94 injury to, penalties for, 99 intelligible and plain, to be, 95 rent not to be charged, when, ........ 95 sealed and stamped, to be 95 standard measure for gas, ........ 94 testing of, in use ; fees, ......... 95 test meter where no gas holder, 94 unsealed, penalty for supplying, ....... 95 GENERAL COURT. must authorize transfer, etc., of gas company, ..... 23 powers over corporations, . . . . . . .. .111 reports to, annually, 15 GOVERNOR. appoints board of gas and electric light commissioners, ... 9 clerk of board, .......... 10 gas inspector and assistants, ........ 90 designates chairman gas commission, ...... 9 reports to, of legislation recommended, . . . . . .15 supervision of expenditures, etc., . . . . . . . 13, 14 GOVERNOR'S COUNCIL. appointment gas commission, with advice, etc., of, .... 9 gas inspector, etc., with advice, etc., of, . . . . .90 reports to, of legislation recommended, . . . . . .15 supervision of expenditures, etc., . . . . . . . 13, 14 GUARANTY FUND. deposits by customers, interest on, . . . . . . 134 HEALTH. acts of gas or electric companies affecting, , 25, 134 HEARING BY BOARD. appeals from local grants of locations, . .'...'.. . 28 authority to gas company to sell electricity, . ."'.'.. . 23 complaint as to price or quality, ..... . . . 32 determination of cost of gas in Boston, . . , . . 161 petition for supply of gas or electricity, . .' - . ' '' . . . 31 relative to issues of stock and bonds, 19 HEAT. corporations to furnish gas, etc., for, etc., ...... 102 gas for, only, to be connected with flue, ...... 134 generation of, on Lord's day, legalized, ...... 60 HIGHWAY. See WAYS. HOT WATER. corporations to furnish, for heating, etc 102 HYDROGEN, SULPHURETTED. gas not to contain, .......... 97 ILLUMINATING GAS. See GAS; GAS COMPANIES. ILLUMINATING POWER. standard of, for gas, . . . 97, 98 INDEX. 211 IMPAIRMENT OF STOCK. PAGE to be made good, when, ......... 19 INCIDENTAL EXPENSE. board of gas and electric light commissioners, of, . . . .11 inspectors of gas, of, ......... 93 INCREASE OF STOCK AND BONDS. See CORPORATION. INFORMATION. companies to furnish, 30 to be obtained by board, 14 INJURY. penalty for injuring lines, wires, etc., ....... 118 for injuring meters, etc., . . . . . . . . . 34, 99 for injuring wires, etc., of private lines, ...... 143 See EMPLOYERS' LIABILITY. INSPECTOR OF WIRES. appointment, duties, etc., 146 INSPECTORS OF GAS. See GAS INSPECTORS. INTEREST. electric light companies, on bonds of, 17, 18 gas companies, on bonds of, ........ 17 municipal lighting bonds, on, 64 taxation for, annually, ......... 65 ISSUE OF STOCKS AND BONDS. See CORPORATION. JAMAICA PLAIN GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. JURISDICTION. See GAS AND ELECTRIC LIGHT COMMISSIONERS; EQUITY JURISDIC- TION; SUPREME JUDICIAL COURT; SUPERIOR COURT. LABOR. See also EMPLOYERS' LIABILITY. accidents to employees, reports of, ....... 53 actions for labor in public works, ....... 85 belting, hatchways, temporary floors, etc., to be guarded, ... 46 certain words and terms, defined, . . . . . . . 39, 40 communication with engine room, ....... 45 co-operative retirement, etc., systems, . . . . . . 54, 55 corrupt influencing of agents, forbidden, . . . . . .41 self-incriminating testimony, not privileged, . . . . .41 discharge of employee without notice, ...... 48 doors not to be locked during hours of labor, ..... 45 drinking water for employees, to be provided, 43 employees in public work, lodging, etc., . . . . .85 employees' stock, 123 employees, to be allowed time to vote, 43 one day's rest in seven, . . . . . . . . .43 fraudulent or misleading advertisements, forbidden, . / . . . 41, 53 free beds in hospitals for employees, . .' , . . . . 126 hours of labor for public employees, . . . , . .' .86,87 intimidation of employees, forbidden, . . . . . . 40 membership in labor unions, not to be forbidden, . . 40 non-resident special police, employment regulated, .... 42 plans of compensation for injured employees, . ; . * . 52 public-service corporations, employment by, restricted, . . . 40 receptacles for expectoration, to be provided, ~v , . . . 46 212 INDEX. LABOR concluded. PAGE security for payment of labor on public work, ..... 86 surgical appliances, to be provided, 47 use of bells and whistles, regulated 42 explosives, regulated, ......... 46 ventilation, proper, to be provided, when, ...... 44, 45 water closets, etc., to be provided for employees, .... 43, 44 weekly payment of wages 47, 48 LAND, conveyance of, 126 LAND OWNER. damages to, for erection of lines, etc., ...... 144 LANE. location of pipe lines in, 156 LEASE. by gas company, of works forbidden, 23 of property, etc., of electric company, . . . . . .25 LEGISLATURE. See GENERAL COURT. LIABILITY. See CORPORATION; EMPLOYERS' LIABILITY. LIMIT OF CAPITAL STOCK. Boston Consolidated Gas Company, 153 of gas companies, 102, 121 of other companies 102, 103, 121 LINE, construction of, in ways, regulated, ...... 141, 142 private lines, 142, 143 locations for, how authorized, 141, 142 private lines 142, 143 penalty, for injury to, 34, 148 pipe, in Boston, etc., how granted, 156, 157 regulations for, .......... 143 removal of, . . . . <. . . . . 143, 148 LOAN. See MUNICIPAL INDEBTEDNESS. LOCATION. pipes, etc., of gas company, . ... . . . 132,133 in state highways, . . . . '. ..'-._ . '.. . . 133 pipe lines of Boston company, . . . .'... 156, 157 revocation of, . . , . . ...'... . . 157 poles and wires, how authorized, . . . . , . 141, 142 alteration of , . . . . . . . . . . . 142 by gas company, . , . . . 24 private lines, how authorized, . . ... . . . 142, 143 alteration or revocation of, . . . . . . ,.... 143 revocation by city or town forbidden, when, . . . . 84 LORD'S DAY. certain business not prohibited on, 60 temporary permits for work on, ....... 60 MAIN. See PIPE. MANUFACTURING CORPORATION. See CORPORATION. MARKET VALUE. determination of, of new shares 20 of stock, ascertained by tax commissioner, . ..... 37 returned annually by corporations, . . . . . 36 purchase of established plant at, ....... 69 INDEX. 213 MASSACHUSETTS HIGHWAY COMMISSION. PAGE state highways not to be dug up, without approval of, ... 133 MASSACHUSETTS PIPE LINE GAS COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. MAXIMUM PRICE. fixed by board, not to be increased, ....... 32 of Boston company, ........ 160, 161 MAYOR. gas or electric light, complaint by, of price, etc., .... 32 manager, municipal lighting, appointment by, ..... 75 under direction and control of, . . . . . . .75 municipal debt, subject to veto of, . . . . . . .65 lighting, subject to veto of, ........ 61 returns of municipal lighting plant by, ...... 80 MAYOR AND ALDERMEN. digging up of ways, consent to, 24, 133 regulation of, 24, 1^3 gas or electric companies, consent to lines of new, .... 28 . locations of poles and wires, grants by, . . . . . 141, 142 damages, assessment by, ........ 144 seizure of illegal measures by appointees of, ..... 58 MEASURE, for sale of coke, .......... 56 of gas, ............ 94 MEDICAL EXAMINERS. report of accidents by, ......... 34 MEETINGS. See CORPORATION. METER. electric, examination and test of, ....... 32, 33 fees for, 33 gas, to register plainly, ......... 95 charge for use regulated, ........ 95, 96 examination of, by companies, ....... 98 injury to, penalty for, ......... 99 inspection and test of, ......... 95 makers of, to provide meter prover, ....... 95 removal of, by companies, ........ 98 sealing and stamping before use, ....... 95 test of, before use, .......... 95 injury to, penalty for, . . 34 meter prover, gas companies to provide, ...... 95 municipal plants to sell by, when, . ...... 80 apparatus to measure output, . . . . . . . .80 METER PROVERS. certain gas companies to provide, ....... 95 MORTGAGE. electric light companies, of, to secure bonds, . . / . . .17, 18 gas companies, of, to secure bonds, . . . . ( . . 17 real estate of manufacturing corporation only by stockholder's vote, . 126 MUNICIPAL INDEBTEDNESS. annual payments, provisions for, . . . . '. . . 66' authority to incur debts, limited, .... . . .64,65 bonds, notes or scrip, issuable for, . . . . .' ... 64, 65 debts, how authorized, . . . . . . . . 64, 65 214 INDEX. MUNICIPAL INDEBTEDNESS concluded. PAGE interest, annual taxation for, .65 municipal lighting debts outside limit, 64, 65 how authorized, . . . . . . ., . . . 64, 65 how issued, ........... 65 payment within what periods, ........ 64 premiums on bonds, disposition of, 66 proportionate payment yearly by taxation, 66 rate of interest on, .......... 64 sinking fund to be established, 65 taxation annually for interest and sinking fund or instalments, . . 65, 66 town notes, form, etc., of, 67, 68 MUNICIPAL LIGHTING. acceptance of statute by cities and towns, ...... 61 certified copy of record of, to commissioners, . . . . .61 cities, in, by vote of council, . . . . . . . .61 approval or veto of mayor, . . . . . . . .61 submission to voters, . . . . . . . . .61 re-submission regulated, . . . . . . . .61 annual or special municipal election, at, . . . . .61 towns, in, by approval at two town meetings, ..... 61 submission to voters, . . . . . . . . .61 ballot and voting list to be used, . . . . . .61 re-submission regulated, ^S . . . . . . .61 assessment to owner of land for laying pipes, etc., . . . . 78, 79 payment optional, but precedent to supply, ..... 79 authority to cities and towns to make, etc., ..... 61 bonds, issue to pay for plant, ........ 64 certified copy of vote on, to commissioners, . . . . .61 notes or scrip, issue in lieu of, . . . . . . . .65 assessment of taxes to meet, ....... 66 books and accounts, how kept, 79, 80 city, etc., in, acting under special law, . . . * . .84 closing of, when, .......... 80 form of, commissioners to prescribe, ...... 80 inspection by commissioners, . . . .*.,.* . . 80 by-laws for protection of, by towns, . . . .'.... 79 applicability of , to cities or towns, .. .. .' . . . . 84 assessment of expense, to provide for, by, . . . . . 78 certified copy of, to commissioners, . . ... . 61 cities and towns not to sell electricity to street railway companies, . 62 clerk of city or town, notices to board by, . . .. . . 61 penalty for neglect, . . . . . . . . 62 damages, liability of city, etc., for, . . . . . ... 83 competition with existing plant, none for, ..... 84 debts for, payable in thirty years, ....... 64 established plant, purchase of, ....... 68 adjoining city, distributing apparatus in, . . . . . .72 establishing plant, may purchase plant in, . . . . .72 supply of gas, etc., to, ........ 72 enforcement of obligation to purchase, ...... 70, 71 commissioners to determine terms of sale, ..... 71 appeal from award, proceedings, ...... 71 statement by vendor, filing, ........ 70 INDEX. 215 MUNICIPAL LIGHTING continued. PAGE established plant, manufacture, etc., by vendor to cease on sale, . . 73 patents, purchase of regulated, ....... 69 release from unfavorable purchase, ....... 69 title to be clear, 69 value, how estimated, . . . . . . . . .69 vendor's rights to manufacture, to cease on sale, .... 73 vote as to, certified copy to commissioners, . . . . .61 extension, etc., of plant, 68 certified copy of vote as to, to commissioners, ..... 61 furnishing, to consumers on order of board 78 adjoining town and inhabitants, to, . . . . . . .72 assessment, payment of, precedent, ....... 78 deposit by consumer, ......... 78 remedy for refusal, ......... 78 indebtedness for, regulated 64, 65 bonds, issue of, to meet, . . - . . . . . .64 notes or scrip in lieu of bonds, ....... 65 omitted in computing debt limit, ....... 64 sinking fund for payment of, ........ 65 taxation authorized to extinguished, ...... 65, 66 injuries, liability of city, etc., for personal, 83 laws, applicability of general, ........ 84 locations, right of revocation regulated, ...... 84 Lord's Day, making on, legalized 60 manager, appointment, bond, compensation, ..... 75 control, etc., of plant, to have, ....... 75 penalty for not transmitting notices to board, ..... 78 receipts, to pay over, ......... 75 statement, to make annually, ........ 75, 80 municipal indebtedness statute not to apply to, 64, 65 light board in towns, ......... 74 choice at annual town meeting; terms of office, ..... 74 manager, appointment by, ........ 75 power and authority, ......... 75 operating expenses, definition of, 76 |* appropriations, annual, included in, . . . . . . .76 ordinances for protection of, by cities, 79 applicability of general, ......... 84 assessment of expense, to provide for, ...... 78 certified copy of, to commissioners, . . . . . . .61 price, how fixed, 78 change in, regulated; advertisement of, . . . . .78 copy of notice fixing or changing, to board, . . . . . 78 purchase of electricity from street railway companies, . . . 62, 63 gas or electricity from other cities, etc., . .- . . .74 plant for distributing, . . . . . . . ... 68 receipts from sale of gas, etc., payable to city, etc., treasurer, . . 75 records of plant, where kept, . . . . . . * . 79 returns annually by mayor, selectmen, etc., ... .80 additional . . . . .80 applicable to city, etc., acting under special law, . . . 84 form, contents, signature and oath, . . . . . . 80 216 INDEX. MUNICIPAL LIGHTING concluded. PAGE supply to consumers only on order of board, ..... 78 adjoining town and inhabitants, to, . . . . . . .72 assessments, payment of, precedent, ...... 78 deposit by consumer, ......... 78 discontinuance of, until arrears paid, . . . . .78 remedy for refusal of .......... 78 removal of appliances if arrears unpaid, ...... 78 uses for which applicable, . . . . . . . . .61 electric cars, not authorized for operating, . . . . .62 heat or power, for, . . . . . . . . .61 light for use of city, etc., and inhabitants, . . . ... 61 NAME. assumption of corporate name, ....... 104 corporations, of, 104 electric companies, on wires and poles . 146, 147 state highways, commission to give, . . . . . . .133 use, illegal, of others, enjoined, 104, 105 NEGLIGENCE. See EMPLOYERS' LIABILITY. NEW SHARES. See CORPORATION. NOTES. See MUNICIPAL INDEBTEDNESS. NOTICE. corporate franchise, etc., of sale of, ....... 136 corporation, of first meeting of, . .107 increase of capital stock, ....... 20, 21, 121 organization of, .......... 107 dividends, list of unclaimed, 125 electric companies, to, to remove lines, 145 cutting, etc., wires, of intention, ....... 148 shares, of sales for non-payment of assessments, ..... 124 tax commissioner, of determination of valuation, .... 39 under employers' liability act, 50 NUISANCE. gas company guilty of, when, 24 OATH. annual returns of gas and electric companies, . -*.,.- -. . . 30 of municipal lighting plants, . . . . . . . 80 commissioner of corporations, of, . . . . . . . 100 corporations, of auditor of, . . . . . . 128 certificates and returns of, . - . . . . . . 127 of organization, .... . . >. . 107 clerk of, . . . .... . . . .110 gas and electric light commissioners, of, . . . . 9 clerk of, '-.-. 10 inspectors of gas, of, . . . . . . . . . 90 deputies, of, .......... smoke inspectors, of .168 OBLIGATIONS. application of proceeds of bonds to, ..... 17 of stockholder, non-payment of stock, . . . . * . 124 of Boston company, proceeds of real estate, to, . . 155 OFFICER. See CORPORATION; PUBLIC OFFICER. ORDERS OF BOARD. companies to comply with, .... courts to enforce, 17 INDEX. 217 ORDINANCE. PAOE application of certain, to cities, 84 certificate of, relative to municipal lighting, ..... 61 inspector of wires, as to, " . . . 146 municipal lighting plant, relative to, ...... 79 regulations of wires, by, 144 ORGANIZATION OF CORPORATION. See CORPORATION. PAID IN. stock to be, in cash before issue, 18, 21, 22, 124 certain corporations, in property, when, ...... 125 PAR VALUE. gas company, bonds of, issue for, 17 municipal bonds, sale not below, 64 shares of stock in corporations, of, . . . . . .120 change of standard, of, ......... 120 employees' stock, of, . . . . . . . . . 123 gas, electric, etc., companies, issue for, ...... 18 issue for less than, forbidden, 18 upon increase, ........... 21, 22 limit of stockholders' liability, ....... 131 return of, to tax commissioner, . . ... . . .36 PAYMENT. wages, weekly payment of, ........ 47 PENALTY. authority, to impose, in ordinances and by-laws, .... 79 for illegal issues of stock, 20 See FINES. PERSONAL ESTATE. where assessed, 35 PETITION. for supply of gas or electricity, 31 PHOTOMETER. gas companies to provide, for inspector, 96 inspection of gas by photometer, 97 PIPE. annual return of, by companies, 36 assessment of, locally, 35 value of, deducted for franchise tax, 37,38 laying of, by second company, regulated, . . . . . . .28 in streets, etc., how authorized, ....... 133 in state highways, how authorized, . . . . . . .133 locations for pipe lines in Boston, etc., .. 156 penalty for injury to, . . ... * . . . . 34, 99 regulations for, :.. . . . .. . . . . . 134 revocation of location for, regulated, . . ... . . '. 84 PLANT. See WORKS. POLE. erection of, regulated, . . ...... , . , 24, 143 in state highways, . ; . . . . . . , . . 133 private lines, . , . .. . ,. ,, , . ... 142,143 insulation of, . . . . ...;. . . . , ... , 147 location for, how authorized, 141, 142 alteration of, 142 municipality may acquire, in adjoining city, etc., when, . . . 72 218 INDEX. POLE concluded. PAGE penalty for injury to, . 34, 143 regulation of, . 143 removal from public ways, . . . , . . . . 143 PREMIUM. disposition of, on municipal bonds, ....... 67 public official giving bond, to be reimbursed for, .... 93 PRESIDENT. See CORPORATION. PRICE. gas and electricity, of, how determined 32, 77, 78 maximum, of gas and electricity, 32 of gas purchased by Boston company, . . . . . .155 sold by Boston company to other companies, ..... 158 purchase, of established plant by municipality, ..... 68 standard, of gas, for Boston company, ....... 161 how raised or lowered, . . . . . . . . . 164 PRINTING. abstracts of certificates of corporations, 129 of returns, etc., gas and electric companies, . . . . . 15 annual report, gas and electric light commissioners, . . . . 15 public documents, of, 15, 16 PROFITS. co-operative associations, distribution of, 132 PROXY. See VOTE OF STOCKHOLDERS. PUBLIC DOCUMENTS. See REPORTS OF PUBLIC OFFICERS. PUBLIC OFFICERS. not to solicit appointment of employees in certain corporations, . . 40 PUBLIC WAY. See WAY. PURCHASE. of gas by Boston company, ........ 155 from Boston company, . . . . . . . . 158 of gas or electricity by municipality, when, ..... 74 of street railway company, . . ...... . .62,63 of property, etc., of electric company by gas company, . ... 25 PURCHASE AND SALE OF GAS AND ELECTRIC COMPANIES. See CONSOLIDATION. QUALITY OF GAS OR ELECTRICITY, complaint as to, . . . , * . . . . . 32 investigation as to gas, . . .-*... ; ... . . . 14 QUORUM. See CORPORATION. RAILROAD. bonds, etc., issue of, ...',, . . 18, 19 equity jurisdiction as to, . . . . . . . ' ' . 20 proceeds, application of , . . . . . . 20 capital stock, issue of, . 18, 19 equity jurisdiction as to, ...... .20 increase of, 20, 21 par, issue for, only, . . . . . . . . .18 proceeds, application of, ......... 18, 19 stock, etc., dividends forbidden, . . . . . . 18 political contributions, prohibited, 55, 56 RAILROAD COMMISSIONERS. authority as to issues of stocks and bonds, . . . . . . . 18, 20 purchase of electricity by towns of street railway companies, . . 62, 63 INDEX. 219 RATES. See PRICE. RECEIVER. PAGE appointment of, upon dissolution, etc., . . ... 138 RECORDS. of board, to be kept by clerk, ........ 10 of compliance with order of board, .... 24 of corporations, 110, 125 station, to be kept by companies, ....... 30 REDUCTION. of price of gas or electricity, ........ 32 of stock of corporation, 20, 21, 122 REGULATIONS, concerning wires and poles, ..... . 145-149 for erection, etc., of lines, 143 health, etc., of residents of city or town, ...... 25 purity of gas, as to, . . . . . . . . . .14 REMOVAL FROM OFFICE. gas and electric light commissioners, of, ..... 9 REPORTS OF PUBLIC OFFICERS. annual, of gas and electric light commissioners, ..... 15 contents of, . . . . . . . . . . . 15, 80 printing and distribution, . . . . . . . .15 secretary of commonwealth, transmission to, . . . . .15 time of transmission, . . . . . . . . .15 of accidents, 34 recommendations for legislation, made, when, 15 RESERVED SPACE. in ways, for electric wires, 144 RETURNS. See ELECTRIC COMPANIES; GAS COMPANIES. REVOCATION OF RIGHTS. city or town may not, when, 84 ROAD COMMISSIONERS. powers, duties, etc., same as selectmen, when, ..... 143 ROXBURY GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. RULINGS OF LAW. record of, as to street railway law, ....... 63 SABBATH. See LORD'S DAY. SALARIES AND COMPENSATION. gas and electric light commissioners, ...... 10 inspectors of gas, 11 managers of municipal lighting plants, ...... 75 SALE, franchise of corporation, of, on execution, ...... 136 gas or electric plant, of, to city or town, ...... 68-73 SCRIP. dividends, forbidden, 18 for municipal indebtedness, . . . . . . . 65 SECRETARY OF THE COMMONWEALTH. abstracts of certificates to be prepared by, . . . . . 129 certificates of incorporation, by, . . . . . 108-110 of change of name to, ......... 106 of change of business to, . . . . . . . 126 of confirmation of proceedings to, . . . . . 135 220 INDEX. SECRETARY OF THE COMMONWEALTH concluded. PAGE certificates of condition to, 127 of increase of stock, ......... 128 of organization to, .......... 108 of payment of capital to, ........ 124 of reduction of stock, ......... 128 deposit with, recommendations of legislation, ..... 15 filing with, certificate of approval of issue of stock, etc.. ... 19 surrender of charter to, on dissolution, ...... 138 transmission through, of annual reports, 15 SELECTMEN, corporations, digging up ways, as to, . . . . . . 133 regulations of, .......... 134 electric companies, consent to lines of, 24, 28 appeal to gas commissioners, ........ 28 locations for, 141, 142 damages, assessment by; fees, . . . . . . . 144 price and quality, complaints as to, . . . . . . .32 electric light, etc., lines, as to, 142, 143 gas companies, complaints as to price and quality, .... 32 furnishing electric light, regulations as to, . . . . .25 ways, digging up, repairs, etc., ...... 24, 133 new, consent to lay pipes by, ........ 28 appeal to gas commissioners, ....... 28 manager, municipal lighting plant, to appoint, ..... 75 measures, to enforce law as to, . . . . . . . . 58 SHAREHOLDER. See CORPORATION. SHARES OP STOCK. See CORPORATION. SINKING FUND. established, to be, for municipal debts, ...... 65 requirements of, how provided, . . . . . . .76 SMOKE. See ABATEMENT OF SMOKE. SOUTH BOSTON GAS LIGHT COMPANY. See BOSTON CONSOLIDATED GAS COMPANY. SPECIAL LAWS. table of , by titles, . . . . ....... .171 STANDARD DIVIDEND. of Boston company, . . 161 STANDARD PRICE, of Boston company, . -,. . . . . . . 161 how lowered or raised, . . . . . . . , 164 STATE HIGHWAY. laying pipes, poles, wires, etc., in, regulated, . . . * 133 STATISTICS OF LABOR. See BUREAU or STATISTICS OF LABOR. STOCK. See CORPORATION. STOCK DIVIDEND. See DIVIDENDS. STOCKHOLDERS. See CORPORATION. STOCK WATERING. act to prevent, 18 STREET. See WAY. STREET RAILWAY. bonds, etc., issue of, ........ .18 equity jurisdiction as to, ..... .20 proceeds, application of, ........ 19 INDEX. 221 STREET RAILWAY concluded. PAGE capital stock, issue of, . . 18 by foreign corporation, regulated, ....... 23 increase of, ....... ... 18 equity jurisdiction as to, ........ 20 par, issue for, only, . . . . . . . . .18 proceeds, application of, . ....... 19 stock, etc., dividends forbidden, ....... 18 political contributions, prohibited, . . ... 55, 56 purchase of electricity from, by towns, 62, 63 rulings of law as to, record of, ........ 63 SULPHUR. amount permitted in gas, ........ 97 SULPHURETTED HYDROGEN. gas not to contain, .......... 97 SUNDAY LAW. See LORD'S DAY. SUPERIOR COURT. jurisdiction of, as to orders of board, 17 as to dissolution of corporation, ....... 137 as to electric power companies, ....... 29 as to issues of stocks and bonds, ....... 20 as to regulations for wires, etc., ....... 143 SUPERVISION. See GAS AND ELECTRIC LIGHT COMMISSIONERS. SUPPLY OP GAS OR ELECTRICITY, from municipal plants, how enforced, ...... 78 from private companies, how enforced, 31 refusal for arrears, restricted, 99 SUPREME JUDICIAL COURT. jurisdiction of, as to orders of board, 17 as to Boston consolidation, . . . . . . . .159 as to dissenting stockholders, ........ 154 as to dissolution of corporations, ....... 137 as to electric power companies, . . . . . . .29 as to issues of stocks or bonds, ....... 20 as to municipal plants, . . . . . . . . .71 as to reduction of stock, . . . . 121 as to regulations for wires, etc., . . . . . . . . 143 TAX COMMISSIONER. corporations, returns to, . . ... . . . . .36 books, etc., may be examined by, .,,.... 36 details of returns, .......... 36 values, commissioner to ascertain, ....... 37 appeal, commissioner may be heard on, . . . . .38 remedy when diminished, . . . . . . . . 39 expenses of gas commission, as to, . , . . . . 12 of gas inspection, as to, . -, . . . . * 93 TAXES. appeal, by corporation from assessors' valuation, . . . 38 for abatement from assessors' valuation, . . . . . . 39 machinery, value of, how ascertained, . . . . . v 36 remedy, when values cut down, . . . . . . . 39 municipal debts, interest for, to be raised by, . . . . . 65 sinking fund for, to be raised by, .... .65 municipal lighting plant, excess of expenses to be raised by, . . . 76 222 INDEX. TAXES concluded. PAGE rate, for corporations, how determined, ...... 38 real estate, value of, how ascertained, ...... 37 remedy, when values cut down, ....... 39 TELEGRAPH AND TELEPHONE. bonds, issue of, 18 equity jurisdiction as to, . . . . . . . .20 proceeds, application of, . . . . . . . . .19 capital stock, issue of, 18 increase of, ........... 20 equity jurisdiction as to, . . . . . . . .20 par, issue for only, .......... 18 proceeds, application of, . . . . . . .19 stock, etc., dividends, forbidden, ....... 18 cities and towns, regulation by 143, 144 conduits under ways, ......... 142 ordinances to regulate, in cities, . . . . . . . 144 penalty for injuring wires, ........ 143 private lines, how authorized, ........ 142 violation of regulations; proceedings, 143 construction of lines on ways, 141, 142 conduits under ways, ......... 142 consent of property owners to, ....... 147 damage to abutters, etc., .^- . . . . . . . 144 easement, not gained by poles, etc., . . . . . . . 148 location by municipal authority, 141, 142 name to be on poles and wires, ...... 146, 147 poles, etc., erection, alteration, etc., . . . . . 141, 142 removal if damages unpaid, ........ 145 recording of specifications as to poles, . . . . . . 142 lines, not to incommode public, ........ 141 cutting, etc., to move buildings, . ; . . . . . 148 illegal, not protected, . . . ..... . . 149 penalty for cutting, etc., without notice, . . . . . 149 poles, insulation of, penalty, . . . -. . . 147 political contributions, prohibited, . . . ....... ." . .55,56 private lines, construction of, . . .. . / . . . 142 alterations in, . . . . . / . . . . 143 attachment of other wires to, . . . : . . . . . . 143 penalty for injury to, . . . . . ... 143 poles and structures to belong to town, . . . '- < . 142 removal of , after hearing, . . . . . . - k . 143 wires, regulated, insulation, etc., . . . . . . 145 equity jurisdiction as to, ........ 147 expense of removal, ......... 146 inspector of, duties, etc., ........ 146 TENURE OP OFFICE. gas and electric light commissioners, of, ..... 9 inspectors of gas, 90 manager of municipal lighting plant, .... .75 TERM OF OFFICE. See TENURE OF OFFICE. TERRITORIAL LIMITS. entry of second company into, of existing company, regulated, . . 28 of Boston company, 151 INDEX. 223 TERRITORIAL LIMITS concluded. PAGE of corporations, change of, .... . 103, 104 of electric business of gas company, 23 of municipal plants, . .72 TEST. electric meters, of, 32, 33 gas meters, of, 94, 95 TEST GAS HOLDER. certain gas companies to provide, 95 TEST GAS METER, gas companies to provide, ........ 95 TOWN. inspector of wires, appointment of ........ 146 manager of municipal plant, appointment, ...... 75 municipal indebtedness, how created 64, 65 municipal lighting, as to, . . . . . . . .61 private lines, may authorize, 142 regulations for electric lines, may establish, 143 wages, weekly payment by, ........ 47 TOWN ACCOUNTANT. appointment, power, duties, etc., ....... 80-83 TOWN CLERK. duties as to municipal lighting, . . . . . . . .61 TRANSFER OF FRANCHISE. by gas company, forbidden, 23 TRANSFER OF STOCK. See CORPORATION; UNIFORM STOCK TRANSFER ACT. TRANSMISSION OF ELECTRICITY. See ELECTRIC COMPANY; TELEGRAPH AND TELEPHONE. TREASURER. See CORPORATION. UNDERGROUND CONDUITS. annual return of, by companies, ....... 36 assessment of, locally, 35 value of, deducted, for franchise tax, ...... 37 construction of, regulated, 24 by second company, ......... 28 for private use, .......... 142 in state highway, .......... 133 penalty for injury to, ......... 34 revocation of location for, regulated, 84 UNIFORM STOCK TRANSFER ACT. provisions of, . 114-120 UNIT OF MEASURE. for gas, established, 94 VALUE. elements of, for purchase by town, etc., of plant, . . . .69 fair structural, parity of capital and debt to, . . . . 19 of assets, parity of capital and debt, on consolidation, . . 22 underground conduits, etc., for tax commissioner, . .37 new stock of Boston company, of, . . . . . . . 163 property for stock, at fair, when, 124 See MARKET VALUE; PAR VALUE. VOLUNTARY ASSOCIATIONS. copies of certain instruments, etc., to be filed, ..... 31 224 INDEX. VOTE. PAGE of commissioners as to issues of stock, etc., 19 of town or city, for municipal plant, . . . . . .61 for municipal indebtedness, ........ 65 for purchase of electricity, ........ 62 for purchase of plant in adjoining town, . . . . . .73 VOTE OF STOCKHOLDERS. Boston consolidation, 151 electric company, mortgage of, 17, 18 gas company, mortgage of, . . . . . . .17 to furnish steam, etc., . . . . . . . . 126 proxy, by, authorized, 110 requisite for change of business, . . . . . . 126 for deed, mortgage or lease over one year, ..... 126 for employees' stock, ......... 123 for free beds in hospitals, ........ 126 for preferred stock 122, 123 for special stock 122 WAGES. weekly payment of, to employees, . 47 WARRANT OF DISTRESS. against corporation for damages, ....... 136 WATER COMPANY. See AQUEDUCT COMPANY. WAY. electric company, wires of, in 28 consent of local authorities to, ....... 28 electric lines in or under, 24, 142 assessment of damages for, . . . . . . . 144 new company, of, .......... 28 regulations for, ....... . 143 removal of unused, .......... 145 gas companies, pipes in 133 new company, of, .... . , . .28 locations for pipe lines in, . .... . . . . . 156 telegraph and telephone wires in or under, . .... 142 WEEKLY PAYMENTS. See WAGES. WIRES. affixing to private property, regulated, . . 147 annual return of, by companies, .. . .36 assessment of underground, locally, . , . . ' . * . . . 35 value of, deducted, for franchise tax, . - .37 cutting of, regulated, . * . 148, 149 erection of, by gas company, ..... by second company, .... for private use, ...'..... 142 in state highways, . . . . . . inspection of, 146 insulation of, ........ 145 location for, ... . 141, 142 municipality may purchase outside limits, when, . . 72 penalty for injury to, ..... 34, 148 regulation of, "... 143 INDEX. 225 WIRES concluded. PAGE removal of, illegally erected 143 of abandoned, etc., ......... 146 when damages are unpaid, ........ 145 supervision of, . . 146 tagging of 146 WORKS. electric, of gas company, equipment, ....... 24 municipality to buy, only within its limits, ..... 69 new, etc., for Boston company, when, ...... 155 of gas company, lease of, restricted, ....... 23 office to be located where, 29 purchase, etc., of other works by Boston company, .... 157 records to be kept at, . . . . . . . . . .30 RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date. DUE AS STAMPED BELOW MAR 1 1 1998 12,000(11/95) 321 UNIVERSITY OF CALIFORNIA LIBRARY