Consolidations Time for filing applications for consolidations. 1909, 316, § 2. Certain consolidations prohibited. 1908, 529, § 6. Issue of stock based on domestic franchises regulated. 1894, 476. CONSOLIDATIONS RESTRICTED. SECTION 169. No electric company shall purchase the franchise or property of, or consolidate with, a gas company except as provided in section one hundred and sixtyfive; and no gas company shall purchase the franchise or property of, or consolidate with, an electric company except as authorized by sections fifty-six and one hundred and sixty-five; but a gas company authorized to engage in the business of generating and furnishing electricity under the provisions of section fifty-three may, with the approval of the board, and subject to the provisions of the three preceding sections so far as they may be applicable, sell its locations and the property used in its business of generating and furnishing electricity to an electric company whose lines are in the same or in a contiguous municipality. TIME FOR FILING APPLICATIONS FOR CONSOLIDATIONS. SECTION 170. All applications for the approval by the board of purchases and sales or consolidations under the provisions of sections fifty-six, one hundred and sixty-five, one hundred and sixty-six and one hundred and sixty-nine shall be filed with the board within four months after the passage by the contracting companies of votes authorizing such purchase and sale or consolidation. CERTAIN CONSOLIDATIONS PROHIBITED. SECTION 171. Nothing contained in the five preceding sections shall be construed as authorizing the consolidation of the Boston Consolidated Gas Company and The Edison Electric Illuminating Company of Boston. ISSUE OF STOCK BASED ON DOMESTIC FRANCHISES REGU- SECTION 172. If a foreign corporation which owns or controls a majority of the capital stock of a domestic gas or electric company issues stock, bonds or other evidences 1.1.126, §§ 1, of indebtedness based upon or secured by the property, franchise or stock of such domestic corporation, unless such issue is authorized by the law of this commonwealth, the supreme judicial court shall have jurisdiction in equity, in its discretion, to dissolve such domestic corporation. 11. 168 Mass. 564. 196 Mass. 626. If it appears to the attorney-general that such issue has been made, he shall institute proceedings 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. In the construction of this section the term "foreign corporation" shall mean a corporation, association or organization which has been established, organized or chartered under the laws of another state or of a foreign country. USE OF NAMES BY PERSONS, ETC., ENGAGED IN GAS OR by persons, tric business restricted. etc. SECTION 173. No person, partnership or association Use of names owning, holding or controlling shares of stock of any gas etc., engaged or electric company shall hereafter use any name or title in gas or elecor other word or words that, in the opinion of the board, might lead the public to believe that such person, partnership or association is a gas or electric company or that its business is that of a gas or electric company. The board is hereby authorized to investigate and determine whether any such person, partnership or association is violating the provisions hereof; and any person, partnership or asso- Penalty. ciation violating the provisions hereof shall forfeit to the commonwealth one hundred dollars a day for every day or part thereof during which such violation continues. after the determination aforesaid. Any such violation shall forthwith be reported by the board to the attorneygeneral, after said determination and notice thereof to such person, partnership or association. The said forfeiture may be recovered by an information or other appropriate proceeding brought in the supreme judicial court or superior court in the name of the attorneygeneral. Upon such information or other proceeding the court may issue an injunction restraining such person, partnership or association from further prosecution of its business within the commonwealth during the pendency of such proceeding or for all time, and may make such other order or decree as equity and justice may require. But the provisions hereof shall not apply to the continued use by any person, partnership or association of any name or title which was adopted prior to the passage of this act. Inspectors of gas. 1861, 168, §§ 1, 2, 3. 1880, 230, $1. P. S. 61, §§ 1, 2, 3, 4. 1889, 169. 1900, 459, §§ 1, 3. R. L. 58, §§ 1, 3. VI. OF THE INSPECTION OF GAS, GAS AND INSPECTORS OF GAS. SECTION 174. The board shall have under its control an inspector and one or more assistant inspectors of gas and of gas meters, who shall be appointed 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 perform1902, 228, §§ 1, 2. ance 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 gas, or gas meters, or of any other article or commodity used by gas companies or used for any purpose connected with the consumption of gas or with gas companies, and they shall not give certificates or written opinions to makers or vendors of any such articles or commodities. Powers and duties of inspectors. 1861, 168, §§ 1, 7. 1864, 296. 1885, 314, § 14. 1902, 228, § 3. POWERS AND DUTIES OF INSPECTORS. SECTION 175. Said inspectors, subject to the rules and regulations prescribed by the board, shall make the inspections of gas required by section one hundred and 1880, 230, §§ 1, 6. eighty-one and shall inspect, examine, ascertain and prove PS. 61,855,9 the accuracy of all meters which are to be used for measuring illuminating gas and which 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. 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 company in the commonwealth. The inspectors shall also perform such other duties and make such reports of their doings as the board may require. DEPUTY INSPECTORS OF GAS METERS. inspectors of gas meters. 1861, 168, § 4. 1881, 182. 1902, 228, § 4. SECTION 176. The board may from time to time, if in Deputy its opinion such action is necessary, appoint one or more deputy inspectors of meters for such term and at such compensation as the board may determine. Any person P. 4, § 2. now in the service of the board as a deputy inspector of R. L. 58, 5. meters may be so appointed or employed without civil 1909, 483, § 6. service examination. Such deputy inspectors of meters shall be sworn, shall act under the direction of the 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. FEES FOR TESTING GAS METERS. gas meters. 182. 1861, 168, § 4. 1881, § 6. 1899, 465, § 2. 1902, 228, 5. R. L. 58, § 5. 1909, 318; 483, SECTION 177. For examining, comparing and testing Fees for testing gas 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 $7. 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, and he shall give a bond to the treasurer and receiver general in the penal sum of five thousand dollars. All fees received by the board shall be paid into the treasury of the commonwealth monthly, upon the last business day of each month. SALARIES AND EXPENSES OF INSPECTORS OF GAS, ETC. expenses of 1861, 168, § 2. SECTION 178. The board may expend annually for the Salaries and compensation of the inspector of gas and gas meters, as- inspectors of sistant inspectors, deputy inspectors of meters and for gas, etc. office rent, travelling and other necessary expenses cidental to the duties of said inspectors, such sum as general court shall annually appropriate. in the 1879, 172, § 1. $$ 1, 2. 1880, 230, 1881, 182. P. S. 61, §§ 2, 6. 1899, 465, §§ 1, 2. 1900, 459, §§ 2, 5. Expenses of 1861, 168, § 3. Companies to provide photometer. 1880, 230, § 4. P. S. 61, § 13. 1885, 240, § 1. R. L. 58, § 13. 1909, 483, § 2. EXPENSES OF GAS INSPECTION BORNE BY COMPANIES. SECTION 179. The amount of the expenses incurred by the board in the inspection of gas and gas meters and in salaries paid therefor, less the amount deposited with the treasurer and receiver general from the fees for the inspection of meters, shall be borne by the several gas companies in proportion to their gross earnings, and shall be assessed and recovered in the manner provided by section one hundred and thirty-six. If at any time however the amount collected under the provisions of sections one hundred and seventy-seven and one hundred and eightyfive shall exceed the amount of such salaries and expenses, such excess shall be applied to reduce the annual assessment levied upon the several gas companies under the provisions of said section one hundred and thirty-six, for the annual expenses of the board. COMPANIES TO PROVIDE PHOTOMETER. SECTION 180. Every gas company which annually manufactures or sells more than fifteen million cubic feet of gas shall, when required by the board, provide and maintain a suitable room at least a quarter of a mile from the gas works with a disc photometer and its appurtenances, of a construction approved by the board, and which shall be open to the inspector and assistant inspectors on every working day from eight o'clock in the forenoon until six o'clock in the afternoon. Inspection of 1861, 168, § 10. R. L. 58, § 14. [1 Op. A. G. INSPECTION OF GAS. SECTION 181. The gas of every company which supplies more than fifty consumers shall be inspected at least twice a year and as much oftener as the board 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. 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. The board may, from time to time, for the purpose of establishing a new standard of |