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P. S. 106,
$ 75.
1885, 240,
1896, 544,

ized for the purpose of manufacturing, buying, selling, G. S. 61, 16.
distributing or dealing in artificial cold and refrigerating 56; 353,
and cooling materials and corporations organized for any 1879, 202,
of the purposes mentioned in section nine may, with the 1lastel
consent in writing of the mayor and aldermen of a city or
the selectmen of a town, dig up and open the ground in 1
any of the streets, lanes and highways thereof, so far as to
is necessary to accomplish the objects of the corporation ; 12 Allen, 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 for steam
by the acts of such corporations. They shall put all such andenhot
streets, lanes and highways into as good repair as they 1909, 108.
were in when opened; and upon failure so to do within a
reasonable time, shall be guilty of a nuisance.

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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 1893, 476, placed thereon, without the written permit of the highway com- {1 Op. 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 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, Names to be and may change the name of any way which becomes a part of a highways;

guide posts to state highway. They shall erect suitable guide posts at convenient be erected, points along state highways.

etc.

,

SECTION 77. If a person who is injured in his person Gas light or property by a defect in a highway which is caused by etc., liable to the operations of a company or corporation described in ages, etc. the preceding section in laying down or repairing its pipes P. S. 106, or otherwise obstructing such way recovers damages there 176 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 ap- hot water, pear and defend the original action, be entitled to recover

1896, 544,

See as to con.

1909, 103.

Gas light companies, etc. to be regu. lated by selectmen, etc.

, 146, $ 3

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 G. S. 61,3 11: and control all acts and doings of such company or cor

poration which may in any manner affect the health, bee as t6c0m??. safety, convenience or property of the inhabitants of such

1870, 224, § 57.

for steam and city or town.

hot water. 1909, 103. Other como

1855, 146,

.

R. L. 126, § 11.

1870, 224,
$ 58.
Gas for heat-
ing, etc., pur-
poses.
1885, 240.

SECTION 79. A manufacturing or other corporation

which has its place of business in a city or town in which hold gas stock. a gas light corporation proposes to manufacture gas for

light may hold not more than ten per cent of the capital &. s. 61, $ 18. stock of such gas corporation. P. S. 106, § 78.

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 guaranty

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

Interest upon

funds. 1901, 470.

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.

1874, 349,

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CONFIRMATION OF ORGANIZATION OR PROCEEDINGS. SECTION 82. If doubts arise as to the legality of the Confirmation organization of a corporation which was intended to be tion.

1855, 478, formed under the provisions of chapter sixty-one of the 3.

G. S. 61, § 4. General Statutes or of any general or special statute con- 1866, 290, ferring similar rights upon corporations organized under 1870, 224, its provisions, its stockholders, at a special meeting called 166. for the purpose in the manner provided in section seven- $ 1, last cl 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 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

P. S. 106,

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.

of franchise on mesne process.

5 Cush. 509. 170 Mass. 203. Mode of sale.

ATTACHMENT AND SALE OF FRANCHISE. Warrants of SECTION 41. If, by an order of county commissioners or by the distress against cor verdict of a jury, damages have been assessed for an injury to porations for damages. property by the doings of any corporation which is authorized to 1810, 131, § 4.

receive toll, except a railroad corporation, and the damages reRES: 449 20. main unpaid for thirty days after the order or verdict, the owner 1847, 259, $ 5. G. S. 68, 24.

thereof may have a warrant of distress against the corporation P. S. 105, for such damages, with interest thereon and costs. § 29. Attachment 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. 1810, 131, $ 3.

G. S. 68, § 25.
R. S. 44, § 11.
P. S. 105, $ 30. 5 Cush. 509. 11 Allen 71.

171 Mass. 61. Sale of, on SECTION 43. If a judgment is recovered against a corporation execution, etc. 1810, 131, § i. which is authorized to receive toll, its franchise and all the rights R. S. 44, 12. and privileges thereof, so far as relate to the receiving of toll, and P: S. 105, 3i. 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 1810, 131, § 1.

distress shall, thirty days at least before the sale of any franchise 1824, 121,

or other corporate personal property, give notice of the time and R. , § 13. G: S: 68, $ 27. place of sale by posting a notice thereof in the city or town in P. S. 105, § 32,

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, Adjournment. SECTION 45. The officer who levies such execution or warrant 1810, 131, § 5. R. S. 44, § 14. of distress may adjourn the sale for not more than seven days, and G. S. 68, § 28. P.S. 105, 's 33. so from time to time until the sale is completed. Highest bid SECTION 46. In the sale of such franchise, the person who satisder, how determined. fies the execution or warrant of distress with all legal fees and 1810, 131, § 2.

expenses thereon and who agrees to take such franchise for the R. S. 44, § 15. G. S. 68, § 29.

shortest period of time and to receive during that time all such P. S. 105,

toll as the corporation would by law be entitled to demand shall § 34.

be considered the highest bidder.

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SECTION 47. The officer's return on the execution or warrant Officer's reof distress shall transfer to the purchaser all the privileges and fer the right immunities of the corporation, so far as relate to the right of

of toll, etc. 1810, 131,

$ 2. demanding toll; and the officer shall, immediately after the sale,

R. S. 44, $ 16. deliver to the purchaser an attested copy of the execution or war

G. S. 68, § 30.

P. S. 105, rant and the return thereon, which shall entitle said purchaser or $ 35. his assigns to demand and receive to his own use all the toll which accrues within the time limited by the term of his purchase, in the same manner and under the same regulations as the corporation was before authorized to demand and receive the same.

SECTION 48. A purchaser of the franchise of a corporation Remedy of under a sale upon execution or warrant of distress, or his assigns, damages.

purchaser for may recover in an action of tort any penalties imposed by law for 1826, 116;

R. S. 44, $ 17. an injury to the franchise or for other cause which such corpora

G. S. 68, § 31.

P. S. 105, tion would have been entitled to recover during the time limited § 36. in the purchase of the franchise; and during that time, the corporation 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- 1810, 131, $ 2. formance of its duties and be liable to the same penalties and G. S. 68. § 32.

P. S. 105, forfeitures as before the sale.

§ 37. SECTION 50. The corporation may, at any time within three Redemption

of franchise. months after the time of sale, redeem the franchise by paying or 1810, 131, tendering to the purchaser or his assigns the amount which he 82

R. S. 44, $ 19. paid, with twelve per cent interest thereon, but without any allow- G. S. 68. $ 33.

105, 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 Venue of pro

ceedings. preceding sections shall be in the county in which the creditor

1810, 131, $ 6. resides or the corporation is established or has its principal place G. S: 68. $ 34: of business.

P. S. 105, § 39.

DISSOLUTION OF CORPORATIONS. SECTION 52. If a majority in number or interest of the mem- Dissolution of

corporations. bers of a corporation desire to close its affairs, they may file a 1852, 55, petition therefor in the supreme judicial court or the superior & $: 68. $ 35. court, setting forth in substance the grounds of their application, 28. 105, and the court, after notice to parties interested and a hearing, Gray, 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. porate existence had expired by its own limitation.

119 Mass. 447.

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