Unincorporated companies. 1849, 93, §§ 1, 6. 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. 1851, 247, § 2. 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 mainG. S. 64,8 14. taining poles, wires or apparatus in, upon, over or attached 1851, 247, § 1. 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. 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, exer183 Mass. 265. cising reasonable care, if he has first left a written state P. S. 109, § 17. ment, 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. any SECTION 29. Whoever wilfully cuts, disconnects, removes or otherwise interrupts the use of the wires of such company, without first giving notice as provided in the preceding section, shall be punished as provided in section twenty-seven. of preceding SECTION 30. The provisions of the two preceding sec- Limitation tions shall not apply to any wires attached to poles which sections. 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 companies 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. Certain propbe transferred erty, etc., may to the Boston Gas Com SECTION 3. The corporations named in section one are hereby severally authorized, upon vote of two thirds in interest of their stockholders, respectively, at a meeting Consolidated legally called for that purpose, to assign, transfer and con- pany, etc. vey their property, locations, rights, licenses, powers, privileges and franchises except as may otherwise be provided in this act, to the Boston Consolidated Gas Company, which is hereby authorized, when all the companies named in section one shall have so voted and that fact shall have duly been certified to the board of gas and electric light commissioners, upon vote of its incorporators or two thirds in interest of its shareholders at a meeting legally called for that purpose, to acquire the same as provided in sections four and five of this act, and upon such assignment, transfer and conveyance by all the corporations mentioned in section one the said Boston Consolidated Gas Company shall succeed to and hold and enjoy the said property, locations, rights, licenses, powers, privileges and franchises of the several corporations named in section one, except as may otherwise be provided in this act; but the said Boston Consolidated Gas Company shall have no authority to manufacture or sell electricity for light, heat or power, or to construct lines or conduits for the distribution of the same, except in the town of Brookline, in that part of the city of Boston formerly called Brighton, and in so much. of the city of Boston as was formerly part of the town of Brookline, without first obtaining the consent of the board of gas and electric light commissioners therefor, so far as may be required by all general laws now or hereafter in force, and complying with all general laws applicable thereto. SECTION 4. [Said Boston Consolidated Gas Company shall have authority, for the purpose of acquiring the property, locations, rights, licenses, powers, privileges and franchises of the several corporations mentioned in section one, to issue such an amount of capital stock as may be approved by the board of gas and electric light commissioners as being equal at par to the fair value of the plants and property of the several corporations, as the same shall be determined by said board, on application of the Boston Consolidated Gas Company, after notice and a public hearing. Such value shall be determined without enhancement on account of the value of franchises or earning capacity, or on account Capital stock. 1905, 421, Repealed. § 1. Appeal may be made to cial court in certain cases, etc. Repealed. 1905, 421, § 1. of exclusive privileges derived from rights in the public streets, or of good will, and there shall be deducted from the amounts of capital stock so to be issued such an amount as will equal at par any indebtedness of the corporations mentioned in section one which may be assumed by said. Boston Consolidated Gas Company as hereinafter in this section provided.] [The attorney-general, if he deems that the public insupreme judi- terest so requires, the mayor of the city of Boston, the selectmen of the town of Brookline, the Boston Consolidated Gas Company, and any one of the corporations mentioned in section one, if aggrieved by the determination of the board may, within fourteen days after notice of such determination, or after such further time as the supreme judicial court may allow, appeal therefrom to the supreme judicial court, and upon the filing of such claim of appeal, together with a statement of objections to matters of fact or law, the supreme judicial court shall have jurisdiction in equity to hear and determine the same as upon the report of a master, and may enter such decrees or orders thereon as the case may require, and may recommit the matter to the board for further action by them in accordance with the requirements of such decree or order of recommital.] The Boston stock of corpoproperties are rations whose purchased. Repealed. 1905, 421, § 1. To assume certain liabilities, etc. Repealed. 1905, 421, § 1. Proviso. Capital stock of Boston [Said Boston Consolidated Gas Company shall, so far as possible, acquire all the stock of the corporations whose properties are purchased as provided in section three, and the purchase price of the property of each corporation, whether paid in stock, or cash, or by the assumption of indebtedness, or part in each, shall be such amount as said board may approve as being the fair value of the plants and property of such corporation determined as hereinbefore provided.] [Said Boston Consolidated Gas Company shall assume and pay all debts and liabilities of the corporations mentioned in section one, in so far as the same shall not be paid or provided for out of the purchase price paid to said corporations: provided, however, that the adjustment and satisfaction of all debts and liabilities of said corporations to one another shall be subject to the approval of the board of gas and electric light commissioners.] Said Boston Consolidated Gas Company for the purpose Consolidated, of acquiring the property, locations, rights, licenses, powers, 1905, 421, § 1. |