returned unsatisfied, upon reasonable request of the judgment creditor or of his attorney, shall furnish to him a certified list of the names of all persons who were officers and stockholders in such corporation at the time of the commencement of the suit in which judgment was recovered. all may corporation officers and stockholders. 1817, 183. 1829, 53, $11. R. S. 38, SECTION 62. After the execution has been so returned, Creditor m any creditor may file a bill in equity, in behalf of himself equity against and all other creditors of the corporation, against it and persons who were stockholders therein at the time of the commencement of the suit in which such judgment 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 liable by reason of any act or omission on the part of the corporation or that of its officers or any of them, setting forth the judgment and proceedings thereon, and the grounds upon which it is expected to charge the stockholders or officers personally. 44, § 22. §§ 1, 3. 1851, 815, G. S. 60, 1862, 218, to be assessed in proportion to stock. SECTION 63. Such sums as may be decreed to be paid Stockholders by the stockholders in such suit in equity shall be assessed upon them in proportion to the amounts of stock held by them respectively at the time when the suit in which said 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. of SECTION 64. The estates and funds in the hands executors, administrators, guardians, conservators or trustees shall be liable to no greater extent than the testator, intestate, ward or person interested in the trust fund would have been, if living and competent to act and hold the stock in his own name. 1870, 224, § 44. P. S. 106, § 66. SECTION 65. If a defendant dies during the pendency of such a suit in equity, it shall not abate thereby; but his estate in the hands of his executor or administrator shall be liable to the same extent as he would be if living. Such executor or administrator may voluntarily appear and become a party to the suit or may be summoned by the plaintiff. § 43. § 65. 127 Mass. 586. 183 Mass. 565. Liability of estates in hands of ex- ecutors, etc. § 4. $ 12. 1838, 98, § 1. Suit in equity, when dismissed. SECTION 66. Such suit in equity shall not be dismissed by the plaintiff without an order of court and such notice to other creditors as the court may find reasonable under P. S. 106, § 68. the circumstances. 1862, 218, § 8. 183 Mass. 565. not abated by non joinder of 1862, 218, § 9. 1870, 224, § 47. P. S. 106, § 69. Suits may be 10 Allen, 352. 183 Mass. 565. SECTION 67. No such suit in equity shall be abated by reason of the non-joinder of persons liable as defendants persons liable. unless the plaintiff, after being notified by plea or answer of the existence of such persons, unreasonably neglects to make them parties. 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 stockholder or officer thereof, any such stockholder or officer 183 Mass. 565. may be 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, conditioned to pay to the plaintiff all costs which may accrue and be taxed to him after the filing of said petition. 1870, 224, §§ 48, 49. P. S. 106, §§ 70, 71. 15 Gray, 216. 14 Allen, 470. Profits of cooperative associations, how distributed. 1866, 290, $12. 1870, 224, § 51. 186 Mass. 373. No person to hold more sand dollars CO-OPERATIVE ASSOCIATIONS. SECTION 69. A corporation which is organized for the purposes set forth in section seven shall distribute its 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 in twelve months; but no distribution shall be made unless at least ten per cent of the net profits have been appropriated 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 cothan one thou- operative association to an amount exceeding one thousand dollars at their par value, nor shall any stockholder be entitled to more than one vote upon any subject. of stock. 1866, 290, § 7. P. S. 106, § 73. Gas light companies, etc., may open streets, when. 1855, 146, § 2. GAS, PNEUMATIC, ETC., COMPANIES. SECTION 76. Gas light companies, corporations organized for the purpose of transporting the United States mail, merchandise and other articles by means of pneumatic pressure or power, corporations engaged in or organ 1870, 224, G. S. 61, § 16. 56; 353, 1879, 202, last cl § 2. P. S. 106, or § 75. 1885, 240, 1896, 544, $1. ized for the purpose of manufacturing, buying, selling, distributing or dealing in artificial cold and refrigerating and cooling materials and corporations organized for any of the purposes mentioned in section nine may, with the consent in writing of the mayor and aldermen of a city the selectmen of a town, dig up and open the ground in any of the streets, lanes and highways thereof, so far as is necessary to accomplish the objects of the corporation; 12 Ailen, 75. but such consent shall not affect the right or remedy to re- See as to concover damages for an injury caused to persons or property for steam by the acts of such corporations. They shall put all such and hot streets, lanes and highways into as good repair as they 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 placing pipes, sewers, poles, wires or railways or for other purposes, and no tree shall be planted or removed or obstruction placed thereon, without the written permit of the highway commission, and then only in accordance with the regulations of said 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 immediate 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, and may change the name of any way which becomes a part of a state highway. They shall erect suitable guide posts at convenient points along state highways. 1899, 453. 188 Mass. 244. duits, etc., water. 1909, 103. Gas light etc., liable to ages, etc. companies, repay dam 1860, 121. SECTION 77. If a person who is injured in his person or property by a defect in a highway which is caused by the operations of a company or corporation described in the preceding section in laying down or repairing its pipes P. S. 106, or otherwise obstructing such way recovers damages there- 17%, for of the city or town wherein such injury is received, $2 such city or town shall, if such company or corporation is duits, etc., liable for said damages and has reasonable notice to appear and defend the original action, be entitled to recover 1896, 544, See as to con for steam and hot water, 1909, 103. of such company or corporation the damages so recovered from it with the taxable costs of both parties in such action. 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 corporation 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. 106, § 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 defined 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 corporation 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, specifying the amount so deposited by the inhabitants of each city or town. If such corporation fails or neglects to make such return or fails, neglects or refuses to pay such interest 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. of organiza 1855, 478, G. S. 61, § 4. § 4. 1866, 290, 1870, 224, 16, 1874, 349, $1, last cl. P. S. 106, § 79. SECTION 82. If doubts arise as to the legality of the Confirmation organization of a corporation which was intended to be tion. formed under the provisions of chapter sixty-one of the $3. General Statutes or of any general or special statute conferring similar rights upon corporations organized under its provisions, its stockholders, at a special meeting called for the purpose in the manner provided in section seventeen or by a justice of the peace upon the written request 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. of subsequent 1874, 349, P. S. 106, SECTION 83. If doubts arise as to the legality of the Confirmation organization of any corporation created by special charter proceedings. for a purpose mentioned in this chapter, which is in the $2. exercise of its franchise, or as to the regularity or suffi- §80. 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 statute, 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 subsequent 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 meeting, which he shall present to the commissioner of corporations, 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 |