Time pre- R. L. 121, § 15. Record of orders for erection of plant and of compliance. 1887, 385, § 3. meeting duly called for that purpose. Said company shall file in the office of the secretary of the commonwealth a certificate as provided in section fifty-two. TIME PRESCRIBED FOR EQUIPPING PLANT. SECTION 54. The board, when granting such authority, shall prescribe the time, not exceeding six months, within which said company shall acquire a plant for generating electricity such as may be required in the specified territory, and shall designate the minimum capacity of the plant; and if the company neglects to acquire said plant within the time prescribed, said authority shall become void and no such authority shall be again granted to it within two years thereafter. The board may, for cause shown, extend the time for erecting and equipping said plant for not more than three months after the expiration of the time first prescribed. RECORD OF COMPANY'S COMPLIANCE. SECTION 55. At the expiration of such time or of any extension thereof, the board shall, after such examination as it considers proper, make, in a book kept for that purR. L. 121, § 16. pose, a record that its orders relative to the acquisition of said plant have or have not been complied with, which record shall be conclusive evidence of the truth of the matters stated therein. PURCHASE OF FRANCHISE, ETC., OF ELECTRIC COMPANY. SECTION 56. Such gas company may, subject to the provisions of sections one hundred and sixty-two, one hundred and sixty-three and one hundred and sixty-four, purchase or lease and use the property, licenses, rights, privileges and franchises of any electric company which is engaged in the business of furnishing electricity in the territory in which such gas company may be authorized to furnish such electricity. POWERS AND DUTIES OF COMPANY SO AUTHORIZED. SECTION 57. Except as otherwise expressly provided in this act, such gas company shall, in exercising the powers conferred by the provisions of the four preceding sections, have all the powers and privileges and be subject to all the duties, restrictions and liabilities of an electric company. CHANGE OF CORPORATE NAME. corporate 1891, 360. 1908, 163. SECTION 58. A corporation which is subject to the pro- Change of visions of this act may, upon compliance with the pro- name. visions of chapter one hundred and sixty-three of the acts R. L. 109, §§ 9, of the year nineteen hundred and eight and all acts in 10,11 amendment thereof or in addition thereto, change its name; but the new name shall contain the words gas company", or "electric company", as the case may be, at the end thereof. The corporation shall have the same rights, powers and privileges and be subject to the same duties, obligations and liabilities under its new name as under its former name, and may sue and be sued by its new name; but any action brought against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor. Acts of 1908, Chapter 163. names of An Act relative to the Changing of Names of Corporations. SECTION 1. Every corporation organized under general or Regulations concerning special laws of this commonwealth, except corporations subject to changes of the provisions of chapter four hundred and thirty-seven of the corporations. acts of the year nineteen hundred and three, and acts in amendment thereof and in addition thereto, and except corporations subject to the provisions of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and acts in amendment thereof and in addition thereto, may at a meeting duly called for the purpose, by the vote of two thirds of all of its stock, or if two or more classes of stock have been issued, by two thirds of each class of stock outstanding and entitled to vote, or in case such corporation has no capital stock, by a vote of two thirds of the persons legally qualified to vote in meetings of the corporation, or by a larger vote if its agreement of association or by-laws shall so require, change its name. Articles of amendment signed and sworn to by the president, treasurer and a majority of the directors or other officers having the powers of directors, shall within thirty days after such meeting be prepared, setting forth such amendment, and stating that it has duly been adopted by the stockholders. Such amendment shall be submitted to the commissioner of corporations who shall examine it, and if he finds that it conforms to the requirements of law, he shall so certify and endorse his approval thereon. Thereupon the secretary of the commonwealth shall direct the officers of the corporation to publish Notice of change of name to be published. Certificate of new name to be issued. Approval of change of name. When to take effect. Repeal. in such form as he may see fit, in a newspaper published in the county in which the corporation has its principal office or place of business, notice of such change of name. When the secretary of the commonwealth is convinced that such notice has been published as required by him, he shall upon the payment of a fee of one dollar grant a certificate of the name which the corporation shall bear, which name shall thereafter be its legal name, and the secretary of the commonwealth shall cause the article of amendment and the endorsements thereon to be recorded in his office. In the case of corporations which are subject to the provisions of chapter one hundred and eighteen, one hundred and nineteen, and one hundred and twenty of the Revised Laws, and of all acts in amendment thereof and in addition thereto, the approval of the insurance commissioner shall be required before the commissioner of corporations approves the article of amendment. No article of amendment changing the name of any corporation shall take effect until it has been filed in the office of the secretary of the commonwealth as aforesaid. SECTION 2. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved March 3, 1908. Certificate of CHANGE OF OFFICERS. SECTION 59. Whenever any change is made in the officers of a corporation subject to the provisions of this act, a certificate of such change, signed and sworn to by the clerk, shall forthwith be filed in the offices of the commissioner of corporations and of the board. Any such corporation which omits to make and file a certificate as aforesaid within thirty days after such change shall have been made, or which fails to keep a clerk of the corporation in this commonwealth, shall forfeit not more than five hundred dollars, to be recovered in the manner prescribed by section eighty-nine. The clerk of such corporation who fails to perform any duty imposed upon him by this section shall be liable to a fine of not more than five hundred dollars. Free beds in hospitals. 1889, 258. R. L. 110, § 50. SUPPORT OF FREE BEDS IN HOSPITALS. SECTION 60. A corporation which is subject to the provisions of this act may, by a vote of a majority of the stock represented at a meeting of the stockholders thereof, appropriate not more than five thousand dollars or an annual sum of not more than five hundred dollars for the support of free beds in one or more hospitals in this commonwealth, for the use of its employees. CHANGE OF LOCATION. location. P. S. 105, § 7. SECTION 61. The board may, after notice and a public Change of hearing, authorize a gas or electric company to carry on 1877, 67. the business for which it was incorporated in any city or R. L. 109, § 7. town in this commonwealth other than the city or town 1910, 197. named therefor in its agreement of association or charter, and it may purchase, hold and convey so much real and personal estate in such other city or town as may be necessary for the purpose of carrying on its business therein. UNCLAIMED DIVIDENDS. dividends. P. S. 105, § 27. SECTION 62. Every corporation which is subject to the Unclaimed provisions of this act shall, once in every five years, pub- 1837, 56. lish three times successively in a newspaper in the city of G. S. 68, § 19. Boston, and also in a newspaper, if any, in the county in R. L. 109, § 40. which the corporation is established, a list of all dividends which have remained unclaimed for two years or more and the names of the persons to whose credit such dividends stand. INTEREST UPON DEPOSITS BY CUSTOMERS. interest upon SECTION 63. If a corporation which is subject to the Payment of provisions of this act holds for a longer period than six deposits by months money which is collected in advance from its cus- customer tomers to guarantee it against loss of charges or tolls, it R. L. 110, § 81. shall pay annually upon said guaranty fund interest at the rate of four per cent per annum to the depositors thereof, which shall be applied to the payment of charges and tolls by said depositors. The annual return required of such corporation by section sixty-five shall include a true state ́ment 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 city or town. If such corporation fails or neglects Penalty for to make such return, or fails, neglects or refuses to pay such interest. such interest, it shall be punished by a fine of not less than one hundred nor more than five hundred dollars for each offence. failure to pay Other companies may OTHER COMPANIES MAY HOLD GAS STOCK. SECTION 64. hold gas stock. which has its 1855, 146, § 4. G. S. 61, § 18. A manufacturing or other corporation place of business in a city or town in which a gas company proposes to manufacture gas for P. S. 106, $78. light may hold not more than ten per cent of the capital stock of such gas company. 1870, 224, § 58. R. L. 110, $ 79. Certificate of condition. 1829, 53, § 7. R. S. 38, § 22. 1855, 68, § 3. CERTIFICATE OF CONDITION. SECTION 65. Every corporation which is subject to the provisions of this act shall file annually in the office of the secretary of the commonwealth, within thirty days after the date fixed in its by-laws for its annual meeting last preceding the date of such certificate, or within thirty days after the final adjournment of said meeting, but not more than three months after the date so fixed for said meeting, a certificate signed and sworn to by its president, treasurer and at least a majority of its directors, stating the date of holding such meeting, the amount of capital P. S. 106, 54. stock as it then stands fixed by the corporation, the amount then paid in, the name of each shareholder and R. L. 110, § 51. the number of shares standing in his name, and the assets and liabilities of the corporation, in such form, with such detail and of such date as the commissioner of corporations shall require or approve. Such certificates shall, by the act of filing, be considered as recorded and shall be preserved by the secretary in book form convenient for reference. 1874, 349, 1. 1887, 225. 1890, 199. 1896, 369. 188 Mass. 479. Abstract of certificates. 1851, 133, § 14. G. S. 61, § 13. 1870, 224, § 62. P. S. 106, § 2. 1891, 360, § 5. Amended, 1903, 424. Verification by an auditor. 1897, 492. 1898, 64. Revised Laws, Chapter 5, § 11. Of the Secretary of the Commonwealth. SECTION 11. He shall annually prepare, cause to be printed and on the first Wednesday of January submit to the general court, a true abstract from the certificates, excepting those of foreign corporations, required by [chapter one hundred and ten] law to be deposited with him, a statement of the names of all corporations changed under the provisions of sections nine, ten and eleven of chapter one hundred and nine, and the names of all corporations dissolved. VERIFICATION BY AN AUDITOR. SECTION 66. Such certificate of a corporation which has a capital stock of one hundred thousand dollars or R. L. 110, § 52. more shall be accompanied by a written statement, under |