ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quality of illuminating or fuel gas, or natural gas, furnished by any gas corporation to or for the use of any person, and any and all electric meters used or intended to be used for measuring and ascertaining the quality of electrical current furnished for Ight, heat and power by any electrical corporation to or for the use of any person or persons, and when found to be or made to be correct, the inspector shall 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.

No corporation or person shall furnish or put in use any gas meter which shall not have been inspected, proved and sealed, of any electric meter which shall not have been inspected, approved, stamped or marked by an inspector of the commission. Every gas and electric corporation shall provide and keep in and upon its premises a suitable and proper apparatus, to be approved and stamped or marked by the commission, for testing and proving the accuracy of gas and electric meters furnished by it for use, 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 desires it.*

1910, ch. 180, sec. 32.

446. If any consumer to whom a meter has been furnished shall request the commission to inspect such meter, the commission shall have the same inspected and tested; if the same, on being tested, shall be found to be four per cent., if an electric meter, or two per cent., if a gas meter, defective or incorrect, to the prejudice of the consumer, the inspector shall order the gas or electrical corporation forthwith to remove the same and to place instead thereof a correct meter, and the expense of such inspection and test shall be borne by the corporation, if the same, on being so tested, shall be found to be correct, the expense of such inspection and test shall be borne by the consumer. A uniform reasonable charge shall be fixed by the commissioner for this service.

* See note to section 415 of this Article.

1910, ch. 180, sec. 33

447. No gas corporation or electrical corporation incorporated under the laws of this or any other State, shall begin construction or exercise any right or privilege under any franchise hereafter granted or under any franchise heretofore granted but not heretofore actually exercised, without first having obtained the permission and approval of the commission, before such certificate shall be issued a certified copy of the charter of such corporation shall be filed in the office of the commissioner, together with a verified statement of the presi dent and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities. No municipality, except the Mayor and City Council of Baltimore, shall build, maintain and operate for other than munici pal purposes any works or systems for the manufacture and supplying of gas or electricity for lighting purposes without a certificate of authority granted by the commission. If the certificate of authority is refused, no further proceedings shall be taken before the commission, but a new application may be made therefor after.one year from the date of refusal.

1914, ch. 445, sec. 33%.

447A. The provisions of the next preceding section forbidding any gas corporation or electrical corporation incorporated under the laws of this or any other State, to begin construction or to exercise any right or privilege under any franchise granted after the passage of this Act, or under any franchise granted before the passage of this Act, but not before the passage of this Act actually exercised, without first having obtained the permission and approval of the commission, shall likewise apply to the abandonment or discontinuance in whole or in part by any such gas corporation or electrical corporation of any such right or privilege under any such franchise, in so far as it is then actually being exercised for the public service.

1910, ch. 180, sec. 34.

448. A gas corporation or electrical corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the State of Maryland, may issue stocks, bonds, notes

or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of its plant or distributing system, or for the improvement or maintenance of its service, or for the discharge or lawful refunding of its obligations; provided, and not otherwise, that there shall have been secured from the commission an order authorizing such issue, and the amount thereof, and stating that in the opinion of the commission, the use of the capital to be secured by the issue of such stock, bonds, notes or other evidences of indebtedness is reasonably required for the said purposes of the corporation. For the purpose of enabling it to determine whether or not it should issue such an order, the commission shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem of importance in enabling it to reach a determination. Such gas corporation or electrical corporation may issue notes, for proper corporate purposes, and not in violation of any provision of this sub-title or any other act, payable at periods of not more than twelve months without such consent; but no such notes shall, in whole or in part, directly or indirectly, be refunded by any issue of stock or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the commission; provided, however, that the commission shall have no power to authorize the capitalization of any franchise to be a corporation or to authorize the capitali zation of any franchise or the right to own operate or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the State or any political subdivision thereof as the consideration for the grants of such franchise or right. Nor shall the capital stock of a corporation formed by the merger or consolidation of two or more other corporations exceed the sum of the capital stock of the corporations so consolidated, at par value thereof, or such sum and any additional sum actually paid in cash, nor shall any contract of consolidation or lease be capitalized in the stock of any corporation whatever, nor shall any corporation

hereafter issue any bonds against a lien upon any contract for consolidation or merger.

1914, ch. 445, sec. 34%.

448A. Subject in every respect to the authority and supervision conferred upon the commission by the next preceding section, a gas corporation or electrical corporation organized or existing or hereafter incorporated under or by virtue of the laws of the State of Maryland, may issue stocks, bonds, notes or other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, when necessary for the capitalization of its earnings expended prior to the first day of April, nineteen hundred and fourteen, in the acquisition of property, the construction, completion, extension, maintenance or improvement of its facilities; provided that the applicant shall have kept its accounts and vouchers in such manner as will enable the commission to ascertain the amount so expended and the purposes for which such expenditures were made, and that application for the order of the commission authorizing such issue shall be made on or before the first day of April, nineteen hundred and fifteen; and provided further, that the legal validity and effectiveness of any order of the commission made prior to January first, nineteen hundred and fourteen, authorizing and approving an issue of stock for the capitalization of earnings expended in the acquisition of property, or in the improvements, maintenance or extension of facilities, shall not be in anywise affected, restricted or impaired by anything contained in this Act.

1910, ch. 180, sec. 35.

449. No gas corporation or electrical corporation shall transfer or lease its franchise, works or system, or any part of such franchise, works or system to any other person or corporation or contract for the operation of its works and system, without the written consent of the commission. The permis sion and approval of the commission to the exercise of a franchise under this sub-title, or to the assignment, transfer or lease of a franchise under this section shall not be construed to revive or validate any lapsed or invalid franchise or to enlarge or add

to the powers and privileges contained in the grant of any franchise or to waive any forfeiture. No such corporation shall directly or indirectly acquire the stock or bonds of any other corporation incorporated for or engaged in, the same or similar business, or proposing to be operated or operating under a franchise from the same or any other municipality, unless authorized to do so by the commission. Save where stock shall be transferred or held for the purpose of collateral security only with the consent of the commission, no stock corporation of any description, domestic or foreign, other than a gas or electrical corporation, shall purchase or acquire, take or hold, more than ten per centum of the total capital stock issued by any gas corporation or electrical corporation organized or existing under and by virtue of the laws of this State. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired. Every contract, assignment, transfer, agreement for transfer of any stock by or through any person or corporation to any corporation in violation of any provision of this sub-title, shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any such gas corporation or electrical corporation, or shall be recognized as effective for any purpose.

1910, ch. 180, sec. 36.

450. Upon the complaint in writing of the Mayor or chief executive official, or officials, of a municipality or county in which a person or corporation is authorized to manufacture, sell, or supply gas or electricity for heat, light or power, or upon the complaint in writing of not less than one hundred customers or purchasers of such gas or electricity either as to the illuminating power, purity, pressure or price of gas or the initial efficiency of the electric incandescent lamp supply, or the regulation of the voltage of the supply system used for incandescent lighting, or price of electricity sold and delivered in such municipality or county, the commission shall investigate as to the cause for such complaint. When such complaint is made, the commission may, by its agents, examiners and inspectors, inspect the works, system, plant and methods used by such person or corporation in manufacturing, transmitting and