Parks to be perpetual. 1882, 154, § 10. 178 Mass. 300. 1893, 75. Land around state house to remain open. Revised Laws, Chapter 28, § 11. SECTION 11. Land taken for or held as a park by cities and towns under the provisions of this chapter shall be forever kept open and maintained as public parks; but, except in parks in the city of Boston and in parks comprising less than one hundred acres in extent, structures for shelter, refreshment and other purposes may be erected of such material and in such places as, in the opinion of the fire commissioners, if any, do not endanger buildings beyond the limits of such park; and the provisions of section twenty of chapter fifty-three shall not apply to such buildings. No street or way and no steam railroad or street railway shall be laid out over any portion of such park except in places and in the manner approved by the board of park commissioners. Revised Laws, Chapter 10, § 20. SECTION 20. The land now taken by the commonwealth about the state house shall remain an open space, and no railroad or railway shall 1894, 532, § 6. be constructed or operated in, upon or over the same. A grant made to a railroad or railway corporation shall not be construed to include any portion of said land. Metropolitan park commissioners may grant locations to street railways. To give notice of time and place of hearing, etc. Proviso. Locations may be extended or revoked, etc. Provisos. Copy of order to permit loca tion, etc., to be Acts of 1900, Chapter 413. An Act to authorize the Board of Metropolitan Park Commissioners to grant Locations to Street Railway Companies. SECTION 1. The board of metropolitan park commissioners shall have authority to grant locations, as provided herein, to street railways within the roads, boulevards, parks and reservations in its care and control. SECTION 2. Said board, upon petition of the directors of a street railway company, or of a majority thereof, for such location, shall give notice to all parties interested of the time and place at which the board will give a hearing upon such petition, at least fourteen days before the hearing, by publication in one or more newspapers published in each city or town in which the location petitioned for would lie, and if none such is published then by publication in one or more newspapers published in each county in which the location petitioned for would lie; and after hearing, if in the opinion of the board public convenience and necessity so require, it may grant such location, or any part thereof, upon such terms, conditions and obligations, and for such compensation, as the public interest and a due regard for the rights of the commonwealth may require: provided, that nothing herein contained shall authorize the said board to grant a location for poles and overhead wires in any road, boulevard, park or parkway, without the approval of the governor and council. Such locations shall be void unless accepted in writing by the directors of such railroad company, or by a majority thereof, within thirty days after receiving notice thereof. SECTION 3. Said board may by order alter, extend or revoke any location granted by it whenever in its opinion the public interest or the rights of the commonwealth so require: provided, however, that before so doing notice and hearing shall be given to the company and all persons interested, as provided in section two of this act; and provided, further, that any railroad company or any persons interested in any such order may appeal therefrom to the governor and council, within fourteen days after the filing of a copy of such order as hereinafter provided. SECTION 4. Said board, within fourteen days after making any order which operates to permit a use or location hereunder to any street rail way, or an extension, alteration or revocation of a use or location pre- deposited with viously granted, shall deposit a copy of such order in the office of the clerk clerk of city of the city or town within which the location or use is permitted, altered, extended or revoked, and the clerk of that city or town shall receive and record the same. or town. street railway SECTION 5. The share of the tax paid by any street railway company Certain share operating hereunder, into the treasury of the commonwealth, which of tax paid by would under other provisions of law be apportioned to the city or town companies to be apportioned within which its tracks laid hereunder are situated, shall be apportioned to the comto the commonwealth and credited by the treasurer to the sinking fund monwealth, of the loan to which the expenditure for the road, boulevard, park or reservation in which the tracks are located was charged. etc. sions of law to SECTION 6. All street railway companies operating hereunder shall Certain proviremain subject to the duties and liabilities imposed by other provisions apply, etc. of law not inconsistent herewith, and shall have the powers, duties and rights herein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under. which they are organized. SECTION 7. This act shall take effect upon its passage. [Approved June 27, 1900. Acts of 1901, Chapter 413. An Act to authorize the Wachusett Mountain State Reservation Commission to grant Locations to Street Railway Companies. reservation commission may grant locations to street railways. Hearing to be given, etc. SECTION 1. The Wachusett mountain state reservation commission The Wachusett shall have authority to grant locations, as provided herein, to street rail- mountain state ways within the roads, parks and reservations under its control. SECTION 2. Said commission, upon petition of the directors of a street railway company, or of a majority thereof, for such location, shall give a hearing thereon, notice of the time and place of which shall be given to all persons interested at least fourteen days before the hearing, by publication in one or more newspapers published in each city or town in which the location petitioned for lies, and if none such is published then by publication in one or more newspapers published in each county in which the location petitioned for lies; and after the hearing, if in the opinion of the commission public necessity and convenience so require, it may grant such location, or any part thereof, upon such terms, conditions and obligations, and for such compensation, as the public interest and a due regard for the rights of the commonwealth may require. Such locations shall be void unless accepted in writing by the directors of the railway company, or by a majority of them, within thirty days after receiving notice thereof. over location, SECTION 3. Within the limits of the Wachusett mountain state reser- Commission to vation the Wachusett mountain state reservation commission shall have have authority full authority over the location of any such railway, and over the method etc. and manner of its construction, and of its kind of motive power, and generally shall have such control of its operation and condition as said commission may deem reasonably necessary to insure the safety and convenience of the public. SECTION 4. The share of the tax paid into the treasury of the com- Share of tax monwealth by any street railway company operating hereunder which paid to be apportioned to would under other provisions of law be apportioned to the city or town the commonwealth, etc. within which its tracks laid hereunder are situated, shall be apportioned to the Commonwealth and credited by the treasurer to the sinking fund of the loan to which the expenditure for the road, park or reservation in which the tracks are located was charged. Companies to have certain etc. SECTION 5. All street railway companies operating hereunder shall powers, duties, remain subject to the duties, liabilities and restrictions imposed by other provisions of law not inconsistent herewith, and shall have the powers, duties and rights herein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under which such companies are organized. Temporary locations for street rail ways. 1911, 442. SECTION 6. This act shall take effect upon its passage. [Approved May 17, 1901. Acts of 1908, Chapter 266. An Act relative to Temporary Location for Street Railways. SECTION 1. If a bridge upon which a street railway company is authorized to lay and use tracks is being or is to be altered, rebuilt, imSee 1910, 518; proved or repaired, the board of aldermen of a city or the selectmen of a town upon the petition of the president or a majority of the directors of such street railway company may grant a temporary location for the extension of the tracks of such company in any streets or highways in such city or town so as to provide such connection between the existing tracks of such street railway company upon either side of such bridge as will prevent any interruption of proper transportation facilities by reason of such alteration, improvement, rebuilding or repair, and may prescribe how said tracks shall be laid and the kind of rails, poles, wires and other appliances to be used. Applications to board of railroad commissioners. Location not valid unless. Limit of time for use of location. Expense of construction of tracks to be apportioned. SECTION 2. A street railway company whose petition for such temporary location has been refused in whole or in part, or has been neither granted nor refused, within fourteen days after the filing thereof, may apply to the board of railroad commissioners for such temporary location. If it shall appear to the board of railroad commissioners that public necessity and convenience require such temporary location, the board may enter a decree granting the same. In granting the location the board may prescribe the use of such appliances and impose such conditions and obligations as seem to them proper. SECTION 3. The temporary location herein provided for, if granted by municipal authority, shall not be valid unless the board files with the clerk of the city or town concerned a certificate that the granting of the location is consistent with the public interest; and in no case shall the location be valid unless within thirty days after the filing of the said certificate, or after the entering of a decree by the said board, a majority of the directors of the company shall file with the said board a written acceptance of the location. SECTION 4. A street railway company which is granted such temporary location for the extension of its tracks shall not maintain such tracks nor operate cars over the same beyond the period during which the operation of its cars over such bridge is interrupted by reason of such alteration, improvement, rebuilding or repair, and at the end of such period shall remove its tracks from the streets or highways upon and over which such temporary location has been granted. SECTION 5. If such bridge is altered, rebuilt, improved or repaired under the provisions of sections twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven and twenty-eight of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, the cost of the construction of the tracks of the street railway company upon and over such temporary location shall be reckoned as a part of the charges and expenses of the alteration, improvement or repair of the crossing, to be apportioned by the special commission as provided thereunder. [Approved March 24, 1908. Acts of 1909, Chapter 417, § 1. 481, 509. An Act relative to Locations of Street Railway Companies. SECTION 1. Section seven of Part III of chapter four hundred and 1906, 463, Part III, § 7, sixty-three of the acts of the year nineteen hundred and six is hereby amended. amended by striking out the words "by the president or a majority of See 1911, 442, the directors", in the second and third lines, and inserting in place thereof the words: - executed in accordance with the by-laws or a vote of the directors, - by striking out the word "thirty", in the fortysecond line, and inserting in place thereof the word: sixty, - by striking out the words "a majority of the directors", in the forty-fourth line, and inserting in place thereof the word: it, and by inserting after the word "location", in the forty-fifth line, the words: executed in accordance with its by-laws or a vote of its directors, so as to read as follows: Section 7. [For § 7 as amended, see above.] Acts of 1911, Chapter 442. locations of street railway See 1911, An Act relative to Pole and Wire Locations of Street Railway Companies. SECTION 1. A street railway company may, for all purposes necessary Pole and wire or reasonably incident to the construction, maintenance or operation of its railway, generate, manufacture, use and transmit electricity in any companies. city or town in which it may be authorized to operate its railway, and 481, 509. for that purpose may erect and maintain, as a part of its railway, and subject to the provisions of sections seven, sixty-four, sixty-five and sixtysix, respectively, of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, relative to the grant and revocation of authority therefor, poles and trolley, feed and stay wires, and other proper devices for, or used in connection with, the transmission of electricity, of such materials and workmanship as may be prescribed in the grant of authority therefor, in, over and under any streets, highways and bridges in any such city or town: provided, that authority to erect Proviso. and maintain the same has been, or shall hereafter be, granted by the board of aldermen of the city or selectmen of the town, respectively; and may also erect and maintain such poles, wires and other devices upon and over any private land, with the consent of the owners thereof. SECTION 2. This act shall take effect upon its passage. [Approved May 13, 1911. LOCATIONS IN BOSTON, CAMBRIDGE AND BROOKLINE. Acts of 1887, Chapter 413. until approved road com SECTION 8. No location and no alteration or revocation of location Location not of a street railway, and no authority to run cars over or use the tracks of to be valid another street railway, whether surface or elevated, in the cities of Boston, by the railCambridge, or in the town of Brookline, shall hereafter be valid until missioners. approved by the board of railroad commissioners. Nothing herein con- Part 111, §7, tained shall affect any proceeding now pending before the mayor and above.] board of aldermen of the city of Cambridge. [See 1906, 463, Revised Laws, Chapter 121, §§ 24, 26. SECTION 24. A person or corporation, not a railway company, engaged Electricity for in the business of transmitting electricity for light or power through heating and wires located over or under the streets and highways may sell such poses. electricity for operating heating, cooking and kindred apparatus and 188 Mass. 250. cooking pur1895, 420. Erection of wires of differ ent companies 1887, 382, § 3. restricted. 1892, 274. 1895, 350. 1901, 389. 157 Mass. 86. 188 Mass.250. 197 Mass. 556. [1 Op. A. G. 88.] See 1908, 617. Presentation of agreement of association, certificates, to and annexed board of railroad commissioners. 1872, 53, § 9. P. S. 112, § 43. motors: but the provisions of this section shall not confer upon such person or corporation the exclusive right to sell or distribute electricity in any city or town for such purposes. SECTION 26. In a city or town in which a company, corporation or person is engaged in the manufacture or sale of electric light no other person, firm or corporation shall lay, erect, maintain or use, over or under the streets, lanes and highways of such city or town, any wires for the transmission of electricity for light, heat or power except wires used for heat or power by street railway companies, without the consent of the mayor and aldermen of such city or selectmen of such town granted after notice to all parties interested and a public hearing. SECTION 8. When the amount of capital stock named in the agreement of association has been subscribed in good faith by responsible persons, and ten per cent of the par value of each share has been actually paid in cash to the treasurer, the directors, clerk and treasurer shall annex to the agreement of 1874,372,28 association their certificate setting forth these facts, and that it is intended in good faith to locate, construct, maintain and operate the railway as described in said agreement, shall annex to said agreement the certificate of publication specified in section six and the several certificates of location, and shall present the same for inspection to the board of railroad commissioners. R. L. 11145 R. L. 112, § 8. Certificate of incorporation. 1874, 372, § 29. 1881, 161. P. S. 112, § 44. R. L. 111. 46. SECTION 9. When it is shown to the satisfaction of the board 1872, 53, $10. of railroad commissioners that the requirements of this act preliminary to the incorporation of a company have been complied with, and that locations have been obtained for a railway between the termini and substantially over the route set forth in the agreement of association, the clerk of said board, upon its order, shall annex to the agreement of association a certificate stating such fact. The directors shall thereupon file the agreement of association, with all the certificates annexed thereto, including the plan, if any, required by the board of railroad commissioners, in the office of the secretary of the commonwealth; who, upon the payment to him of a fee of fifty dollars, shall receive and preserve the same in form convenient for reference and open to public inspection; and shall thereupon issue a certificate of incorporation substantially in the following form: Form of certificate. COMMONWEALTH OF MASSACHUSETTS. Be it known that whereas [names of the subscribers to the agreement of association] have associated themselves with the intention of forming a corporation under the name of the [name of the company], for the purpose of locating, constructing, maintaining and operating a street railway [description of the railway as in the agreement of association], and have complied with the statutes of this commonwealth in such cases made and provided: Now, therefore, I, secretary of the commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation under the name of the [name of the company], with all the powers and privileges, and subject to all the duties, liabilities and restric |