§ 12. Gas and electricity must be supplied on application. Except in\nthe case of an application for residential utility service pursuant to\narticle two of the public service law, upon written application of the\nowner or occupant of any building within one hundred feet of any main of\na gas corporation or gas and electric corporation, or a line of an\nelectric corporation or gas and electric corporation, appropriate to the\nservice requested, and payment by him of all money due from him to the\ncorporation, it shall supply gas or electricity as may be required for\nlighting such building, notwithstanding there be rent or compensation in\narrears for gas or electricity supplied, or for meter, wire, pipe or\nfittings furnished, to a former occupant thereof, unless such owner or\noccupant shall have undertaken or agreed with the former occupant to pay\nor to exonerate him from the payment of such arrears, and shall refuse\nor neglect to pay the same; and if for the space of ten days after such\napplication, and the deposit of a reasonable sum as provided in the next\nsection, if required, the corporation shall refuse or neglect to supply\ngas or electric light as required, such corporation shall forfeit and\npay to the applicant the sum of ten dollars, and the further sum of five\ndollars for every day thereafter during which such refusal or neglect\nshall continue; provided that no such corporation shall be required to\nlay service pipes or wires for the purpose of supplying gas or electric\nlight to any applicant where the ground in which such pipe or wire is\nrequired to be laid shall be frozen, or shall otherwise present serious\nobstacles to laying the same; nor unless the applicant, if required,\nshall deposit in advance with the corporation a sum of money sufficient\nto pay the cost of his proportion of the pipe, conduit, duct or wire\nrequired to be installed, and the expense of the installation of such\nportion.\n
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