§ 12. Gas and electricity must be supplied on application. Except in
the case of an application for residential utility service pursuant to
article two of the public service law, upon written application of the
owner or occupant of any building within one hundred feet of any main of
a gas corporation or gas and electric corporation, or a line of an
electric corporation or gas and electric corporation, appropriate to the
service requested, and payment by him of all money due from him to the
corporation, it shall supply gas or electricity as may be required for
lighting such building, notwithstanding there be rent or compensation in
arrears for gas or electricity 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 of five
dollars for every day thereafter during which such refusal or neglect
shall continue; provided that no such corporation shall be required to
lay service pipes or wires for the purpose of supplying gas or electric
light to any applicant where the ground in which such pipe or wire is
required to be laid shall be frozen, or shall otherwise present serious
obstacles to laying the same; nor unless the applicant, if required,
shall deposit in advance with the corporation a sum of money sufficient
to pay the cost of his proportion of the pipe, conduit, duct or wire
required to be installed, and the expense of the installation of such
portion.