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CHAPTER 122.
OF COMPANIES FOR THE TRANSMISSION OF ELEC-

TRICITY.
(Omitting sections relating to telegraph and telephone companies only.)

SECTIONS 1, 2. Construction of lines upon Highways.
SECTIONS 3-5. — Damages of Land Owners.
SECTIONS 6-8. — Capital and Debts. (Omitted.)
SECTIONS 9–11. - Telegraph Companies. (Omitted.)
SECTIONS 12–14. — Telephone Companies. (Omitted.)
SECTION 15. — Damages. (Omitted.)
SECTIONS 16, 17. - Protection and Marking of Wires.
SECTIONS 18, 19. - Officers to Supervise Wires.
SECTIONS 20, 21. — Poles to be Insulated.
SECTIONS 22, 23. - Wires, etc., not to be affixed without Permission.

To be marked.
SECTIONS 24-30. — General Provisions.

.

,

153 Mass. 200.

CONSTRUCTION OF LINES UPON HIGHWAYS. SECTION 1. A company which is incorporated for the Construction transmission of intelligence by electricity, or by telephone, 1849, 93, $ 2. whether by electricity or otherwise, or for the transmission : S. 109, of electricity for lighting, heating or power, except lines 1883, 221. for heat or power by a street railway company, may, under 1889, 434. the provisions of the following sections, construct lines for 97 Mass.555. such transmission upon and along the public ways and 485. across any waters within the commonwealth, by the erection 182 Mass. 400. of the poles, piers, abutments and other fixtures, except 188 Mass. 253 bridges, which may be necessary to sustain the wires of 202 Mass. 406. its lines; but shall not incommode the public use of public ways nor endanger or interrupt navigation.

[SECTION 2. The mayor and aldermen of a city or the Location, etc., selectmen of a town through which the lines of a company aldermen, etc. are to pass shall give the company a writing specifying G. S. 64,'**3 where the poles may be located, the kind of poles and the S. 109, height at which, and the places where, the wires may run. After the erection of the lines, having first given the com- 136 Mass. 75. pany or its agents opportunity to be heard, they may direct 182 Mass. 400. any alteration in the location or erection of the poles, piers 1983, 237. or abutments and in the height of the wires. Such specifications and decisions shall be recorded in the records of the city or town.]

Section 2. The mayor and aldermen of a city or the Granting of selectmen of a town through which the lines of a company miles and are to pass shall give the company a writing specifying cities and

9 Gray, 387. 97 Mass. 555.

for

1903, 237.
Amended.
1906, 117.
202 Mass. 403.

where the poles may be located, the kind of poles, the height at which, and the places where, the wires may run. Any company, except street railway companies, desiring permission to erect poles, piers, abutments or other fixtures upon or along any public way shall, in writing, petition the said mayor and aldermen or selectmen therefor. A public hearing shall be held on such petition, and written notices of the time and place at which such hearing will be held shall be mailed at least three days before said hearing, by the clerk of the city or the selectmen of the town in which the petition for locations has been made, to the owners of real estate along the ways or parts of ways upon which it is proposed to construct said line, as determined by the last preceding assessment for taxation. The clerk of the city or the selectmen of the town shall endorse upon the order or specification of locations granted, his or their certificate that notices were sent and a hearing held as herein provided, and no such order or specification shall be valid without such certificate. After the erection of the lines the mayor and aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without hearing or notice, direct any alteration in the location or erection of the poles, piers or abutments, and in the height of the wires; and no permit shall be required for renewing, repairing or replacing poles, piers, abutments or other fixtures once erected under the provisions of law. Such certificates, specifications and decisions shall be recorded in the records of the city or town.

may authorize

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Revised Laws, Chapter 25, $$ 52, 53, 54, 55, 83. Selectmen SECTION 52. The selectmen may, upon terms and conditions private lines. prescribed by them, and subject to the provisions of chapter one .1869, 457,

hundred and twenty-two, so far as applicable, authorize a person PS: 27;, $ 45. to construct lines for private use upon, along and under the pub1883, 221. 1889, 434.

lic ways of the town for the transmission, by electricity, of light, 182 Mass. 400. or of heat or power, except such as is used by street railway

companies or for the transmission, by electricity or otherwise, of intelligence by telegraph or telephone. Upon the construction of such line, the poles and structures thereof within the location of such ways shall become the property of the town, and the selectmen may regulate and control the same, may at any time re

1895, 350.

182 Mass. 400.

quire the persons using the same to make alterations in the location or construction thereof and may, after notice and a hearing, order the removal thereof. The town may at any time attach wires for its own use to such poles and structures, and the selectmen may permit other persons to attach wires for their private use thereto or to poles and structures constructed by the town, and may prescribe reasonable terms and conditions therefor.

SECTION 53. Whoever unlawfully injures or destroys any wire, Penalty for pole, structure or fixture of any such line shall be punished by a same. fine of not more than five hundred dollars or by imprisonment $ 3.

1869, 457, for not more than two years, or by both such fine and imprison

P. S. 27, § 46. ment.

SECTION 54. The selectmen may, within their respective towns, Towns may permit telegraph and telephone lines to be laid under any way or graph, etc., square, and may establish reasonable regulations for the erection 1880, 83, § 1. and maintenance of all lines for the transmission of intelligence 1883, 221.

P. S. 27, § 47. by telegraph or telephone, by electricity or otherwise, or for the 1989, 398, transmission by electricity of light, or of heat or power except 1895, 350. such as is used by street railway companies, by every person having authority to place poles, wires, structures and other appliances for any purpose in or under public ways or places, including all lines owned or used by said towns.

SECTION 55. The town shall forthwith in writing give notice Proceedings, in detail to the owner, constructor or person using any line therein are violated. which is constructed or maintained in violation of such regula- P. s. 27, : 48. tions; and if thereafter such unlawful construction is continued

1891, 293. or if said lines are not within a reasonable time so altered as to conform to said regulations, the supreme judicial court or the superior court shall have jurisdiction in equity to enjoin the further progress of said work, or to order such line to be removed or altered at the expense of the owners, constructors or persons using the same. If such line belongs to or is used by a town, like action may be taken upon complaint of a person injured, after such notice to the town as the court may order. SECTION 83. If road commissioners are chosen in a town, they Road com

missioners, shall exclusively have the powers, perform the duties and be sub- powers, ject to the liabilities and penalties of selectmen and surveyors of 1871, 158, $ 2. highways relative to streets, ways, bridges, monuments at the P. S. 27, $ 75. termini and angles of streets, guide posts, sidewalks and shade 1893, 423, trees, and, if sewer commissioners are not chosen, relative to 145 Mass. 561, sewers and drains.

564.
146 Mass. 43.

164 Mass. 263.

174 Mass. 451.

182 Mass. 199.

Regulation
of wires.
1880, 83, § 1.
P. S. 28, § 4.

Revised Laws, Chapter 26, § 6. SECTION 6. Regulations established by a city under the provisions of section fifty-four of chapter twenty-five shall be made by ordinance.

Revised Laws, Chapter 48, § 85.

RESERVED SPACES IN PUBLIC WAYS.

Reserved spaces in public ways. 1894, 324.

SECTION 85. If the city council of a city or a town accepts the provisions of this section or has accepted the corresponding provisions of earlier laws, the board or officers authorized to lay out streets, highways or town ways may, whether any such street or way is laid out under the provisions of law authorizing the assessment of betterments or otherwise, reserve spaces between the side lines thereof for the use of horseback riders, for bicycle paths or for street railways, except such as may be operated by steam, for drains, sewers and electric wires, for trees and grass, and for planting.

DAMAGES OF LAND OWNERS.

Damages
caused by
erection of
lines.
Costs.
1849, 93,
$$ 4, 5.
G. S. 64,
$$ 4, 5.
P. S. 109,
$$ 4, 5.
1884, 306,
$ 1.
1895, 350,
136 Mass. 75.

SECTION 3. An owner of land which abuts upon a public way along which telegraph or telephone, electric light, heating or power lines are constructed, erected or altered in location or construction by any telegraph or telephone, electric light, heating or power company, whose property is injuriously affected or diminished in value by occupation of the ground or of the air, or otherwise by such con

struction, erection or alteration, whether such owner is 172 Mass. 197. also the owner of the fee in such way or not, may, within

three months after such construction, erection or alteration, apply to the mayor and aldermen of the city or selectmen of the town in which such land is situated to assess and appraise his damages. Before entering upon the service, the mayor and aldermen or selectmen shall severally be sworn faithfully and impartially to perform the duties herein required. They shall, upon view, make a just appraisal in writing of the loss or damage, if any, to the applicant, sign duplicates thereof, and on demand deliver one copy to the applicant and the other to the company or its agent. If damages are assessed, the company shall pay them and the costs of the appraisers. If the appraisers find that the applicant has suffered no damage he shall pay said costs. The mayor and aldermen and selectmen shall each receive two dollars a day for services performed as appraisers.

SECTION 4. If such company does not pay such damages If amount is assessed, or, upon appeal, the amount of the final judg- within thirty ment, within thirty days after demand, the mayor and etc., may be aldermen or selectmen may, upon request of such owner, 1884, 306, remove all the poles, wires or other structures of such 1895, 350. company from that portion of the public way upon which the land of such person abuts, first leaving a written statement at the office of such company in such city or town of the time when and place where they intend to remove such poles, wires or structures, not less than forty-eight hours prior to such removal. If such company has no office in such city or town, such notice shall be deposited in the post office, postage prepaid, and directed to such company at its office in some city or town in the county. The city or town so removing any such poles, wires or structures may recover the expense thereof of such company. The provisions of this section shall not prevent such owner from collecting the damages assessed.

SECTION 5. A person who is aggrieved by the assess- Assessment ment of his damages may have them determined by a jury 1849, 93, $ 4. in proceedings according to the provisions of section eighty *: $. 109, 3*6. of chapter forty-eight. If the jury increase the damages, the amount of the verdict and all charges shall be paid by the company; otherwise, the charges shall be paid by the applicant.

PROTECTION AND MARKING OF WIRES.

SECTION 16. A person or a corporation, private or Regulations municipal, owning or operating a line of wires over or wires in cities under streets or buildings in a city or town shall use only 1890, 404, strong and proper wires safely attached to strong and suffi- is cient supports and insulated at all points of attachment; 16i Mass. 583. shall remove all wires the use of which is abandoned ; shall 178 Mass. 503. properly insulate every wire where it enters a building, and, if such wire is other than a wire designed to carry an electric light, heat or power current, shall attach to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an

1899, 337,

185 Mass. 218.

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