APPENDIX "L." STATUTES. THE TRANSPORTATION CORPORATIONS LAW. LAWS 1890, CHAPTER 566. AN ACT in relation to transportation corporations, excepting railroads, constituting chapter forty of the general laws. ARTICLE VI. GAS AND ELECTRIC LIGHT CORPORATIONS. Section 60. Incorporation. 61. Powers. 62. Inspectors of gas meters. 63. Deputy inspectors. 64. Inspection of gas meters. 65. Gas or electric light must be supplied on application. 66. Deposit of money may be required. 67. Entry of buildings to meters or lights. 68. Refusal or neglect to pay rent. 69. No rent for meters to be charged. Section 60. Incorporation. Three or more persons may become a corporation for manufacturing and supplying gas for lighting the streets and public and private buildings of cities, villages and towns in this state, or for manufacturing and using electricity for producing light, heat or power, and in lighting streets, avenues, public parks and places, and public and private buildings of cities, villages and towns within this state, or for two or more of such purposes, by making, signing, acknowledging and filing a certificate stating the name of the corporation, its objects, the amount of its capital stock, the term of its existence not to exceed fifty years, the number of shares of which the stock shall consist, the number of directors not less than three nor more than thirteen, the names and places of residence of the directors for the first year, and the names of the towns, villages, cities and counties in which the operations of the corporation are to be carried on, and thereupon the persons who shall have signed the same, their associates and successors shall be a corporation by the name stated in the certificate. (As amended by L. 1900, ch. 575.) § 61. Powers. Every such corporation shall have the following additional powers. 1. If incorporated for the purpose of supplying gas for light, to manufacture gas, and to acquire by purchase or otherwise natural gas and to sell and furnish such quantities of gas as may be required in each city, town and village named in its certificate of incorporation, for lighting the streets, and public or private buildings or for other purposes; and to lay conductors for conducting gas through the streets, lanes, alleys, squares and highways, in each such city, village and town, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe; and such municipal authorities shall have power to exempt any such corporation from taxation on their personal property for a period not exceeding three years from the organization of the corporation. Any corporation authorized under any general or special law of this state to manufacture and supply gas shall have the like powers and privileges. (As amended by L. 1900, ch. 575, and by L. 1902, ch. 596.) 2. If incorporated for the purpose of using electricity for light, heat or power, to carry on the business of lighting by electricity or using it for heat or power in cities, towns and villages within this state, and the streets, avenues, public parks and places thereof, and public and private buildings therein; and for the purposes of such business to generate and supply electricity; and to make, sell or lease all machines, instruments, apparatus, and other equipments therefor, and to lay, erect and construct suitable wires, or other conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places of such cities, towns or villages, for conducting and distributing electricity, with the consent of the municipal authorities thereof, and in such manner and under such reasonable regulations, as they may prescribe. 3. Any two or more corporations organized under this article or under any general or special law of the state for the purpose of carrying on any business which a corporation organized under this article might carry on, may consolidate such corporations into a single corporation by complying with the provisions of the business corporations law relating to the consolidation of business corporations. 4. Any corporation organized under this article or under any general or special law of this state for the purpose of using electricity for light, heat or power in cities, other than of the first class, towns or villages within this state, may have and acquire the following additional powers, to wit: The power of supplying steam to consumers from a central station or stations through pipes laid in the public streets of the cities, towns and villages within this state, and for that purpose to lay, construct and maintain suitable pipes and conduits or other fixtures in, on and under the streets, avenues, public parks and places of such cities, towns or villages, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe. For the purpose of acquiring the powers above specified any such corporation may make, sign, acknowledge and file in the same manner as an original or amended certificate of incorporation, a certificate stating that such corporation desires and intends to exercise the powers hereinabove specified. Upon the making, signing, acknowledging and filing such certificate, such corporation shall have and acquire for the purposes specified in such certificate all the rights, privileges and powers and be subject to all the restrictions of direct steam corporations, specified in sections thirteen, fourteen and fifteen of the business corporation law, being chapter six hundred and ninety-one of the laws of eighteen hundred and ninety-two. (Added by L. 1899, ch. 565.) § 62. Inspector of gas meters.-The governor shall nominate and by and with the consent of the senate appoint an inspector of gas meters, who shall have an office in the city of New York, whose duty it shall be, when required, to inspect, examine, prove and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of illuminating or fuel gas furnished by any gas corporation in this state including a corporation engaged in supplying natural gas to consumers, to or for the use of any person or persons, and, when found to be or made correct, to seal, stamp or mark all such meters, and each of them, with some suitable device, which device shall be recorded in the office of the secretary of state. Such inspector shall hold his office for the term of five years and until the appointment of his successor, but may be removed by the governor for sufficient cause. He shall receive an annual salary of five thousand dollars, to be paid in the first instance out of the state treasury on the warrant of the comptroller, which shall be charged to and paid into the state treasury by the several gas corporations in this state, in amounts proportionate to the amount of the capital stock of such corporations respectively, to be ascertained and assessed by the comptroller of the state. If any such corporation shall refuse or neglect to pay into the state treasury the amount or portion of such salary required of them respectively, for the space of thirty days after written notice given it by the comptroller to make such payment, then the comptroller may maintain an action, in his name of office, against any such delinquent corporation for its portion or amount of such salary, with interest thereon at the rate of ten per centum per annum from the time such notice was given and the cost of the action. (As amended by L. 1893, ch. 385, L. 1895, ch. 972, L. 1897, ch. 486, and L. 1898, ch. 364.) § 63. Deputy inspectors, employment of mechanics and expenditures.- The inspector of gas meters shall appoint four deputy inspectors of gas meters to reside in the borough of Brooklyn, in the city of New York, Albany, Buffalo and Jamestown, respectively, to hold office during his pleasure, and who shall in their respective places of residence discharge such duties as are required of them by the inspector. Said inspector is hereby authorized to employ not exceeding ten mechanics to assist him and his deputies in his and their work, said mechanics to be paid a sum not exceeding three and one-half dollars for each working day. Such deputies shall receive an annual salary of fifteen hundred dollars and such deputies and mechanics shall be paid in the same manner as the salary of the inspector. Said inspector is hereby authorized to incur such office and other expenditures as are necessary for the performance of his duties imposed by law and for the purpose of providing the seals to be affixed upon meters as required by law; and the said office and other expenditures, as herein authorized excepting the salaries of deputy inspectors and pay for mechanics shall be subject to the audit and approval of the comptroller and shall not exceed the sum of two thousand dollars per annum, and be paid in the same manner as the salary of the inspector. (Amended by L. 1893, ch. 385, L. 1898, ch. 364, L. 1899, ch. 732.) § 64. Inspection of gas meters.- No corporation or person shall furnish or put in use any gas meter, which shall not have been inspected, proved and sealed by the inspector except during such time as the office of inspector may be vacant, or such inspector after request made, shall refuse or neglect to prove and seal the meters furnished for that purpose, and every gas light corporation shall provide and keep in and upon their premises a suitable and proper apparatus, to be approved and sealed by the inspector of meters, for testing and proving the accuracy of the gas meters furnished for use by it, and by which apparatus every meter may and shall be tested, on the written request of the consumer, to whom the same shall be furnished, and in his presence if he desire it. If any such meter, on being so tested, shall be found defective or incorrect to the prejudice or injury of the consumer, the necessary removal, inspection, correction and replacing of such meter shall be without expense to the consumer, but in all other cases he shall pay the reasonable expenses of such removal, inspection and replacing; and in case any consumer shall not be satisfied with such inspection of the meter furnished to him, and shall give to the corporation written notice to that effect, he may have such meter reinspected by the state inspector, if he require it, upon the same terms and conditions as herein provided for the original inspection thereof. § 65. Gas and electric light must be supplied on application.— Upon the application, in writing, of the owner or occupant of any building or premises within one hundred feet of any main laid down by any gas light corporation, or the wires of any electric light corporation, and payment by him of all money due from him to the corporation, the corporation shall supply gas or electric light as may be required for lighting such building or premises, notwithstanding there be rent or compensation in arrear, for gas or electric light supplied, or for meter, wire, pipe or fittings, furnished to a former occupant thereof, unless such owner or occupant shall have undertaken or agreed with the former occupant to pay or to exonerate him from the payment of such arrears, and shall refuse or neglect to pay the same; and if for the space of ten days after such application and the deposit of a reasonable sum as provided in the next section, if required, the corporation shall refuse or neglect to supply gas or electric light as required, such corporation shall forfeit and pay to the applicant the sum of ten dollars, and the further sum |