1903, 291;
390.
1904, 209;
388, $ $ 1, 2;
410.
1905, 138;
275.

paid for out of any contingent fund, or out of the earnings of
any department or institution which are the property of the com-
monwealth; and no bill for printing any larger number shall
be approved by the auditor or paid out of any funds belonging
to the commonwealth.

Gas and

Of the board of gas and electric light commissioners, thirty-
electric light.
1886, 346, § 2. five hundred copies. 1889, 440, $ 7. 1894, 393, $ 7. 1895, 463, $ 2.
1888, 122.

Amended.
1908, 444.

Unless otherwise expressly provided, all the reports of permanent state officers, boards and commissioners shall be included in the public document series, and one thousand copies of each of said reports shall be printed. The number of copies of any report to be printed in any one year may be decreased by agreement between the officer, board or commission making such report and the secretary of the commonwealth.

Lists of
officials and
employees of
the common.
wealth to be
furnished to
the governor
and

council,
etc.

Acts of 1910, Chapter 268.
An Act to provide for the Annual Preparation and Printing of

Lists of State Oficials and Employees with their Salaries or
Compensation.

SECTION 1. Every department, commission, bureau or board of
the commonwealth, shall, on or before the fifteenth day of July
in the year nineteen hundred and ten, and on or before the fif-
teenth day of July in every year thereafter, prepare and furnish
to the governor and council lists of all the officials and employees
of the commonwealth employed in or by such department, commis-
sion, bureau or board on the first day of July preceding, for
whose services money has been paid from the treasury of the
commonwealth. The said lists shall be arranged by divisions of
the several departments, commissions, bureaus or boards, when
such divisions exist, and shall give the name, residence, designa-
tion, rate of compensation and the date of election or appoint-
ment of every such official and employee, and any increase in the
rate of salary or compensation for the year preceding; and also
the aggregate amount of all money paid for services or salaries
to any official or employee, not otherwise shown upon the list,
for the year beginning with the first day of July in the year
preceding that in which the list is prepared. It shall be the duty
of the auditor of the commonwealth to verify the said lists, the
compensation and the said aggregate amounts from the pay roll.
The said lists and aggregate amounts shall be printed at the ex-
pense of the commonwealth as a document of the commonwealth,
before the first day of October in the year in which they are fur-

Auditor to
verify lists,
etc.

1

nished, and the said document shall contain the complete data and facts called for by this act.

SECTION 2. This act shall take effect upon its passage. [Approved March 22, 1910.

197 Mass. 558.

SECTION 8. If a corporation or company which is en- Violations of gaged in the manufacture and sale of gas or electricity for 1885, 314, light or heat violates or neglects to comply with the provi- 1887, 382, sions of law, or refuses or neglects to comply with any i OpA. G. lawful order of the board, the board shall give notice 89:7 thereof in writing to such corporation or company, and to the attorney general for his action.

SECTION 9. The supreme judicial court or the superior Enforcement court shall have jurisdiction in equity, upon the applica- 1885, 314, tion of said board, to enforce all lawful orders of said board 1887, 382, and all provisions of law relative to cities, towns, corpora- 1896, 426. tions or persons engaged in the manufacture and sale of 197 Mass. 558. gas or electricity for light or heat.

§ 3.
159 Mass. 505.

proceeds of.

159 Mass. 505.

GAS AND ELECTRIC LIGHT COMPANIES. SECTION 10. No gas company, unless specially author- Bonds of gas ized, shall issue any bonds at less than the par value, nor be issued for an amount exceeding its capital actually paid in and blocat par. applied to the purposes of its incorporation. SECTION 11. The proceeds of all bonds which may be

applicaissued shall be applied to the payment of obligations in- tionce curred for the enlargement or extension of the works and 1886, 346, the purchase of real estate for the use of such gas com- 1894, 450, pany or for the payment of liabilities existing on the 1896, 473. thirtieth day of June in the year eighteen hundred and eighty-six. A company may, subject to the provisions of sections twenty-four, twenty-six, twenty-seven and twentyeight of chapter one hundred and nine, upon vote of a majority in interest of its stockholders at a meeting duly called for the purpose, issue bonds in accordance with the provisions of this and the preceding section, to bear interest at not more than six per cent per annum, and may secure the payment of principal and interest by a mortgage of its franchise and other property.

SECTION 12. Any corporation which is organized Mortgage under the laws of this commonwealth and is authorized electric light to erect and maintain poles, wires or other fixtures in, 1890, 371.

over or under streets and highways for the purpose of
furnishing electricity for light or power may secure the
payment of bonds issued by it by a mortgage of its fran-
chise in connection with its corporeal property, so that all
persons who acquire any poles, wires or fixtures by virtue
of such mortgage shall have the same rights and be sub-
ject to the same obligations relative to their erection, care
and maintenance as the corporation would have had or
been subject to if the mortgage had not been made. Such
mortgage and all bonds shall be authorized by vote of a
majority in interest of the stockholders of the corporation
at a meeting called for that purpose; and the rate of in-
terest on such bonds shall not exceed six per cent per an-
num. No bonds shall be issued by any such corporation
for an amount exceeding its capital then actually paid in
and applied to the purposes of the corporation.

1871, 389.

See as to railroads and street railways,

158.

Revised Laws, Chapter 109, $$ 20, 21, 24, 26, 27, 28, 30 and 31. Stock or

SECTION 20. No telegraph, telephone, gas light, electric light, scrip divi. dends forbid. steam railroad, street railway, aqueduct or water company estabden, when. 1868, 310, § 1. lished under the laws of this commonwealth shall declare any 1874, 372, .stock or scrip dividend or divide the proceeds of the sale of $ 177. P. S. 105,

stock or scrip among its stockholders; nor shall any such company $ 18; 112, § 61.

issue any share of stock to any person unless the par value of the 1894, 350, 9, 1. shares so issued is first paid in cash to its treasurer; and no rail

road corporation shall without authority of the general court

increase its capital stock beyond the maximum amount fixed by 1906, 463, II., $$ 63, 258; its act of incorporation or fixed under the provisions of section III., $ $ 105,

sixty-one of chapter one hundred and eleven. Liability of SECTION 21. All certificates of stock or scrip which are issued 1868, 310, § 2. in violation of the provisions of the preceding section shall be P. S. 105, § 19; 112, void; and the directors of the corporation which issues them shall 8 61. 1894, 350, $ 2. be liable to a penalty of one thousand dollars each, to be recovered roads and

by indictment in any county in which any of them reside; but if 1966, 263, 14., any such director proves that, before such issue, he filed his dis$$ 64, 258; sent in writing thereto with the clerk, or was absent and at no III., $ $ 106,

time voted therefor, he shall not be so liable. Issue of capi.

SECTION 24. Railroad corporations and street railway com1875, 161. panies shall issue only such amounts of stock and bonds, coupon P. S. 110, $ 7.

notes and other evidences of indebtedness payable at periods of 1894, 450, § 1; 452, § 1;

more than twelve months after the date thereof, and gas and 462, 8 1.

electric light companies, corporations established for and engaged 1897, 337, § 1.

in the business of transmitting intelligence by electricity, aqueduct

directors.

See as to rail.

158.

tal stock.

ways,

See as to

and water companies, shall issue only such amount of stock and 100p. A. G. bonds, as the board of railroad commissioners in the case of rail- 179 Mass. 20. road corporations or street railway companies, the board of gas 199 Mass. 356. and electric light commissioners in the case of gas or electric light roads and

See as to rail. companies, may from time to time vote, or the commissioner of street railcorporations in the case of the other corporations hereinbefore 1906, 463, II.,

$$ 65, 258; specified may from time to time determine, is reasonably neces- ill., $$ 106, sary for the purpose for which such issue of stock or bonds has 1908, 636. been authorized. Said boards or commissioner shall render a gas and elec

tric light decision upon an application for such issue within thirty days companies, after the final hearing thereon. Such decision shall be in writing, 1908, 529, shall assign the reasons therefor, shall, if authorizing such issue, 1919; 377. specify the respective amounts of stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, which are authorized to be issued for the respective purposes to which the proceeds thereof are to be applied, shall, within seven days after it has been rendered, be filed in the office of the board or commissioner rendering it and a certificate of the vote of the board or of the decision of the commissioner shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as aforesaid are issued, be filed in the office of the secretary of the commonwealth, and a duplicate thereof delivered to the corporation which shall enter the same upon its records. A company which is within the provisions of this section shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of indebtedness as aforesaid to any purpose not specified in such certificate. The provisions of this section shall not require the approval of the board of railroad commissioners to the issue by any railroad corporation of capital stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, duly authorized by law of this commonwealth, the proceeds of which are to be expended in another state or country or which are to pay for borrowed money expended in another state or country.

SECTION 26. If, when the board of gas and electric light com- Capital stock missioners approves an issue of new stock or bonds by a gas or panies to be

made good. electric light company, it determines that the fair structural value

1896, 473. of the plant of such company is ess than its outstanding stock 199 Mass. 356. and debt, it may prescribe such conditions and requirements as it determines are best adapted to make good within a reasonable time the impairment of the capital stock; or, before allowing an increase, it may require the capital stock to be reduced by a prescribed amount not exceeding the amount of such impairment.

See as to railroads and street railways,

158. Penalties.

,

See as to railroads and street railways,

158.

The amount of impairment and the conditions and requirements

imposed shall be stated in the annual report of the board. Enforcement

SECTION 27. The supreme judicial court or the superior court of statutes. 1894, 450, shall have jurisdiction in equity, upon the application of the board § 3; 452, § 3; 462, § 3.

of railroad commissioners, the board of gas and electric light com1896, 473. 180 Mass. 329. missioners, the commissioner of corporations, respectively, of the

attorney general, of any stockholder or of any interested party, to

enforce the provisions of the three preceding sections and all law1906,468, II., ful orders and decisions, conditions or requirements of said boards III., $ $ 109,

or commissioner made in pursuance thereof.

SECTION 28. A director, treasurer or other officer or agent of $ 12; 452, 's 2; any corporation named in section twenty-four who knowingly 180' Mass. 329. votes to authorize the issue of, or knowingly signs, certifies or

issues, stock or bonds contrary to the provisions of the four pre

ceding sections, or who knowingly votes to authorize the applica1906, 463, II., tion, or knowingly applies the proceeds, of such stock or bonds $$ 68, 258; III., $ $ 110, contrary to the provisions of said sections, or who knowingly

votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legitimate purposes of the corporation shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine or imprisonment.

SECTION 30. If a corporation which owns or operates a railroad or street railway, a gas light, electric light, aqueduct or

water company, or a corporation which is established for and is capital stock. 1870, 179.

engaged in the business of transmitting intelligence by electricity, 1871, 392, § 1.

increases its capital stock, such new shares as are necessary to 1873, 39,

produce the amount of increased capital stock which has been § 1; 305. 1878, 84, 1. authorized shall, except as provided in the following section, be 1879, 90, $ 1. P. S. 106, offered proportionately to its stockholders at not less than the § 39; 112, § 58; 113,

market value thereof at the time of increase, to be determined by the board of railroad commissioners in the case of a railroad corporation or street railway company, by the board of gas and electric light commissioners in the case of a gas light or electric light company, and by the commissioner of corporations

in the case of an aqueduct or water company or of a corporation 1906, 463, II., $$ 69, 258; which is established for and is engaged in the business of transIII., $ $ 111,

mitting intelligence by electricity, taking into account previous sales of stock of the corporation and other pertinent conditions,

which determination shall be in writing and with the date thereof light com

shall be certified to and recorded in the books of the corporation. panies,

The directors, upon the approval of such increase as provided in 1910, 374.

section twenty-four and the determination of the market value

New shares to be offered to stockholders upon increase of

§ 16. 1893, 315, § 1. 1894, 472, § 1. See as to railroads and street railways,

158.
1908, 636.
1909, 369.
See as to gas
and electric

1909, 477.