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, pole, structure or fixture of any such line 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. SECTION 54. The selectmen may, within their respective towns, permit telegraph and telephone lines to be laid under any way or square, and may establish reasonable regulations for the erection and maintenance of all lines for the transmission of intelligence by telegraph or telephone, by electricity or otherwise, or for the transmission by electricity of light, or of heat or power except 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 in detail to the owner, constructor or person using any line therein which is constructed or maintained in violation of such regulations; and if thereafter such unlawful construction is continued 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. Road com- 1873, 51. SECTION 83. If road commissioners are chosen in a town, they shall exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and surveyors of highways relative to streets, ways, bridges, monuments at the termini and angles of streets, guide posts, sidewalks and shade trees, and, if sewer commissioners are not chosen, relative to 145 Mass. 561, sewers and drains. 164 Mass. 263. 174 Mass. 451. 182 Mass. 199. 1893, 423, $ 23. 564. Regulation of wires. 1880, 83, § 1. P. S. 28, § 4. Reserved spaces in public ways. 1894, 324. 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. 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 erection of G. S. 64, §§ 4, 5. P. S. 109, §§ 4, 5. 1884, 306, § 1. 1895, 350. 136 Mass. 75. DAMAGES OF LAND OWNERS. 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 construction, 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. If amount is not paid within thirty days, poles, removed. 2. SECTION 4. If such company does not pay such damages assessed, or, upon appeal, the amount of the final judgment, 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 assessment of his damages may have them determined by a jury in proceedings according to the provisions of section eighty 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. by jury. Assessment 1849, 93, § 4. P. S. 109, § 6. G. S. 64, § 6. PROTECTION AND MARKING OF WIRES. concerning and towns. § 1. § 1. di Mass. 583. 178 Mass. 503. 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 sufficient supports and insulated at all points of attachment; shall remove all wires the use of which is abandoned; shall 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 185 Mass. 218. 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 1899, 337, 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. 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 $5. 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, any person phone wires, erty without 1884, 302, SECTION 22. A corporation or person maintaining or Affixing teleoperating telephone, telegraph or other electric wires or etc., to prop other who in any manner affixes or causes to be permission. 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 Name of cor- poration on structure. 201 Mass. 279. |