[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 borrow money in accordance with section six of chapter twenty-seven. All receipts from the sale of gas or electricity 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 expense of the plant during said year, meaning the gross expenses of operation, maintenance and repair, the interest 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 commissioners 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 consumers 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 operation is intended the difference between the actual income from private consumers plus the appropriations for maintenance 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 appropriation. The income from sales and the money appropriated 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 fund to be See also 1908, 486. and additions. The surplus, if any, of said annual allow- Depreciation ances for depreciation after making the above payments kept, etc. shall be kept as a separate fund and used for renewals, other than ordinary repairs, extensions, reconstruction, enlargements 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 depreciation fund. Said depreciation fund shall be kept and managed by the city or town treasurer as a separate fund, subject 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 Appropriaannual expense defined as above, or for extensions, reconstruction, enlargements or additions; and no appropriation 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 tions, etc. Use of depreciation funds of municipal gas and electric etc. SECTION 1. In addition to the purposes to which the depreciation 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 light plants, chapter four hundred and ten of the acts of the year nineteen hundred and five, and as further amended by chapter four hundred 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 reconstruction or renewals in excess of ordinary repairs of a municipal gas or electric light plant, when such notes, bonds or scrip become due. SECTION 2. This act shall take effect upon its passage. [Approved May 5, 1908. SECTION 22. There shall be a fixed price for gas and electricity, which shall not be changed oftener than once in three months. Any change shall take effect on the first Certification of notice of change, etc., of price. 1892, 259, §§ 3, 4. Appeal. 1891, 370, § 7. 1894, 533. Assessment upon consumers of cost of installation. 1891, 370, § 6. day of a month, and shall first be advertised in a newspaper, 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, interest 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 sinking fund established to meet such bonds, and also depreciation 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 electricity 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 certified 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 except upon the order of the board of gas and electric light commissioners, to whom any person or corporation aggrieved 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 equitable assessment upon the owner or occupant of any prem ises of the cost, or any part thereof, of laying and main- SECTION 26. A city or town which operates such a plant may pass ordinances or by-laws, imposing penalties 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 sells gas or electricity for lighting shall keep records of its work and doings at its manufacturing station, and in respect to its distributing plant, as required by the board of gas and electric light commissioners. 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 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 financial condition of said business, the amount of indebtedness both authorized and existing on account thereof, 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 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 relative to the condition, management and operation of said business.] Section 27. A city or town which manufactures or sells gas or electricity for lighting shall keep records of its work and doings at its manufacturing station, and in respect to its distributing plant, as required by the board of gas and Return to be made to gas and electric light commissioners annually, etc. Books and accounts to be submitted to inspection of Appointment of town accountants, etc. electric light commissioners. It shall install and maintain apparatus, satisfactory to said board, for the measurement 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 selectmen, or municipal light board, if any, shall annually, on or before the second Wednesday of September, make 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 financial condition of said business, 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 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 relative to the condition, 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 municipal 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. 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 accountant and he shall perform all of the duties and possess all of |