Names of 1899, 320; appliance adapted at all times to prevent a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or of causing fire from entering the building by means of such wire beyond the point at which such appliance is attached; and shall properly insulate every wire within a building which is designed to carry an electric light, heat or power current. SECTION 17. Such person or corporation shall, in cities, affix at the points of support at which any wire or cable containing wires provided for in the preceding section is attached, a tag or mark distinctly designating the owner or user of such wire or cable. No such tag or mark shall be required for the wires of a street railway company, except for its feed wires at points of attachment to poles carrying the feed wires of one or more other street railway companies. In towns wherever wires belonging to different owners are attached to the same pole, cross arm or fixture, such pole, cross arm or fixture shall be plainly marked with the name or initials of the owner of the same, and such wires, at or near their points of attachment to such pole, cross arm or fixture, shall be tagged or marked with the names or initials of their owners. Inspector of OFFICERS TO SUPERVISE WIRES. SECTION 18. A city shall, by ordinance, designate or provide for the appointment of an inspector of wires, and any town may, at an annual town meeting, instruct its selectmen to appoint such an inspector. Such inspector shall supervise every wire over or under streets or buildings in such city or town and every wire within a building which is designed to carry an electric light, heat or power current, shall notify the person or corporation owning or operating any such wire whenever its attachments, insulation, supports or appliances are improper or unsafe, or whenever the tags or marks thereof are insufficient or illegible, shall, at the expense of the city or town, remove every wire the use of which has been abandoned and every wire which is not tagged or marked as hereinbefore required, and shall see that all laws and regulations relative to wires are strictly enforced. A city or town may recover in an action of contract of the person or corporation owning any wire so removed the expense which it has incurred for the removal thereof. may be equity. § 5. SECTION 19. The supreme judicial court or the superior Provisions court shall have jurisdiction in equity upon petition of the enforced in officer or inspector designated or appointed as aforesaid, 1890, 404, to enforce the provisions of the three preceding sections and to restrain the use or maintenance, or to cause the removal, of any wire, pole or other support which is erected, maintained or used in violation of the provisions of said sections. POLES TO BE INSULATED. 1895, 228, §§ 1, 2. SECTION 20. Poles which are used for the transmission Insulation of poles. of electricity shall be insulated in such manner as to protect employees and other persons from accidents. The officer and inspector of wires appointed under the authority of section eighteen or the commissioner of wires of the city of Boston shall enforce the provisions of this section, and he shall be the sole judge of what constitutes a proper insulation. 1895, 228, SECTION 21. A person or corporation owning poles Penalty, which are used for the transmission of electricity who fails $8. to comply with the provisions of the preceding section shall be punished by a fine of not less than ten nor more than one hundred dollars for every pole left uninsulated for an unreasonable time after a request for a proper insulation by the officer, inspector or commissioner acting under the provisions of the preceding section. WIRES, ETC., NOT TO BE AFFIXED WITHOUT PERMISSION, or be SECTION 22. A corporation or person maintaining or operating telephone, telegraph or other electric wires any other person who in any manner affixes or causes to affixed to the property of another any pole, structure, fixture, wire or other apparatus for telephonic, telegraphic or other electrical communication, or who enters upon the property of another for the purpose of affixing the same, without first obtaining the consent of the owner or lawful agent of the owner of such property, shall, on complaint of such owner or his tenant, be punished by a fine of not more than one hundred dollars. SECTION 23. A corporation or person maintaining or operating telephone, telegraph or other electric wires shall, at all places where such wires are affixed by any pole, struc permission. § 1. Unincorporated companies. 1849, 93, §§ 1, 6. 1851, 247, § 2. ture or fixture to the property of another, mark such pole, structure or fixture in a clear, durable and legible manner with the name of the corporation or person maintaining or operating such wires, and any corporation or person who fails to comply with the provisions of this section shall be punished by a fine of not more than one hundred dollars. SECTION 25. Owners and associations engaged in the business specified in section one of this chapter, although not incorporated, shall be subject to the provisions of this G. S. 64, § 13. chapter, so far as they are applicable. No easement obtained by poles, etc. P. S. 109, § 14. 13 Allen, 226. 97 Mass. 555. SECTION 26. No enjoyment, for the purposes specified in section one of this chapter, by a person or corporation for any length of time of the privilege of having or main9. §. 64. § 14. taining poles, wires or apparatus in, upon, over or attached 1851, 247, § 1. G. S. P. S. 109, § 15. Injury to lines, wires, etc. to any building or land of other persons shall give a legal right to the continued enjoyment of such easement or raise any presumption of a grant thereof. SECTION 27. Whoever unlawfully and intentionally injures, molests or destroys any line, wire, pole, pier or abutG. S. 64, § 15. ment, or any of the materials or property of any street rail 1849, 93, § 7. P. S. 109, § 16. Amended. 1908, 233. Wires may be cut, when. 1869, 141, § 1. P. S. 109, $ 17. way company, of any electric railroad company, or of any city or town engaged in the manufacture and sale of electricity for light, heat or power or of any company, owner or association described in sections one and twenty-five shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or by both such fine and imprisonment; and whoever shall do any of the acts prohibited by this section between the hours of four o'clock in the afternoon and seven o'clock in the morning shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than four years, or by both such fine and imprisonment. SECTION 28. Whoever, in order to move a building, or for any necessary purpose, desires to cut, disconnect or remove the wires of any such company, may do so, exer188 Mass. 265. cising reasonable care, if he has first left a written statement, signed by him, of the time when, and the place, described by reference to the crossings of streets or highways, where he wishes to remove said wires, at the office of the company in the town in which such place is situated, twenty-four hours before the time so stated, or, if there is no such office, if he has deposited such statement in the post office, properly prepaid, and directed to the company at its office nearest to said place, three days before the time mentioned in said statement. Penalty for cutting wires notice. SECTION 29. Whoever wilfully cuts, disconnects, removes or otherwise interrupts the use of the wires of any without such company, without first giving notice as provided the preceding section, shall be punished as provided in section twenty-seven. in 1869, 141, §.2% P. S. 109, § 18. Limitation sections. of preceding SECTION 30. The provisions of the two preceding sections shall not apply to any wires attached to poles which have not been erected in compliance with the provisions 3. of law. 1869, 141, P. S. 109, § 19. ACTS RELATING TO THE BOSTON CONSOLIDATED Certain com. panies in Boston and vicinity may consolidate. Incorporation of the Boston Consolidated Gas Company. ACTS OF 1903, CHAPTER 417. AN ACT TO PROVIDE FOR THE CONSOLIDATION OF SECTION 1. The Boston Gas Light Company, the Brookline Gas Light Company, the Bay State Gas Company, the Roxbury Gas Light Company, the South Boston Gas Light Company, the Dorchester Gas Light Company, the Jamaica Plain Gas Light Company and the Massachusetts Pipe Line Gas Company, all being corporations organized under the laws of this Commonwealth, may unite and consolidate in one company in the manner and upon the terms and conditions hereinafter set forth. SECTION 2. For the purpose of facilitating such union and consolidation, Robert Winsor, Samuel Carr, James L. Richards, S. Reed Anthony, Charles G. Smith, Robert E. Townsend, Henry B. Chapin, William S. Spaulding, Neal Rantoul and Charles Augustus Stone, their associates and successors, upon complying with the provisions of chapter one hundred and ten of the Revised Laws relating to the formation of corporations, so far as the same may be applicable and not inconsistent herewith, and upon their acceptance in and by their agreement of association, of the provisions of this act, shall be a corporation under the name of the Boston Consolidated Gas Company, for the purpose of making, selling and distributing gas for light or for heating, cooking, chemical and mechanical purposes, with all the powers and privileges and subject to all the duties, restrictions and liabilities set forth in this act, and, except as otherwise provided herein, in all general laws now or hereafter in force and applicable to such corporations, and, except as otherwise provided herein, in all special laws now governing the corporations mentioned in section one, so far as the same are applicable to said Boston Consolidated Gas Company and not inconsistent herewith. |