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. profits in cer tain cases to be and towns supplied with gas. paid to cities and electric sioners to decide what amount of new stock may be issued. SECTION 6. If in any year the amount of the clear Excess of profits of the business of the company applicable to the payment of dividends exceeds the amount required to pay the dividends herein authorized to be paid during the next succeeding year, and the amounts which are herein authorized 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- Board of gas tional stock, it shall be the duty of the board of gas and light commiselectric light commissioners in deciding what amount of new stock is to be authorized, to place a value upon such new stock, which value shall be stated in their written decision, 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 conditions of sale as the company shall from time to time determine, 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 successive weeks before the day of auction. for sale to be at etc. 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 a price fixed price so placed upon it by the board of gas and electric by the board, light commissioners to the stockholders of the company, in accordance with the provisions of section thirty of chapter one hundred and nine of the Revised Laws: provided, Provisos. that any stock so offered and not accepted by the stockholders 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 Regulations concerning the lowering or raising of 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 standard price. hundred and six, the board of gas and electric light commissioners 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 manufacture or distribution of gas. Certain provisions of law not to apply, etc. Time within which act may be accepted. 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 Consolidated Gas Company. But nothing herein shall be construed 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 Company shall, by authority of its board of directors, accept the provisions of this act within sixty days after its passage 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. ACTS OF 1910, CHAPTER 651. AN ACT TO PROVIDE FOR THE ABATEMENT OF requires: means the board of gas and electric light com "District" means the district to which the provisions of this act shall apply, to wit: That part of Boston harbor 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 published and used by the United States Geological Survey. "Stack" means any chimney, smoke stack or other structure whether of brick, metal or other material intended for the emission of smoke. Smoke-jacks on locomotive 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. Certain words and terms defined, etc. Limiting time 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 darkness 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 minutes 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, however, that during the calendar year nineteen 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 Class I; and smoke of a degree equal to No. 4 of the chart or greater, for not more than five minutes 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 minutes from stacks of Class VI; and during the calendar year nineteen hundred and eleven, smoke of a degree of darkness 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 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; and 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 minutes 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 provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive. |