Massachusetts Statutes

Section 13. The remedies, duties, prohibitions and penalties provided in this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law, including any applicable remedies pursuant to chapter 93A.

Section 14. The office shall establish an advisory group comprised of government entities, local telecommunications companies, businesses, senior citizens and other community advocates to compile and promote a list of educational literature to help consumers understand their opti…

Section 2. The office shall establish and maintain a no sales solicitation calls listing of consumers who do not wish to receive unsolicited telephonic sales calls. The office may contract with a private vendor to establish and maintain such listing, provided that: (i) the privat…

Section 3. A telephone solicitor shall not make or cause to be made an unsolicited telephonic sales call to a consumer: (i) if the consumer's name and telephone number appear on the then current quarterly no sales solicitation calls listing made available by the office under sect…

Section 4. No telephone solicitor shall intentionally cause to be installed or shall intentionally use a blocking device or service to circumvent a consumer's use of a call identification service or device.

Section 5. (a) A person who obtains the name, residential address or telephone number of a consumer from published telephone directories or from any other source and republishes or compiles such information, electronically or otherwise, and sells or offers to sell such publicatio…

Section 5A. (a) A telephone solicitor shall disclose all of the following information within the first minute of a telephonic sales call and before requesting, accepting or arranging for payment by a consumer: (i) that the purpose of the telephone call is to make a sale or solici…

Section 6. The office shall promulgate regulations to carry out this chapter which shall: (i) require each local exchange company to inform consumers of the opportunity to provide notification to the office or its contractor that such consumer objects to receiving unsolicited tel…

Section 7. If the Federal Communications Commission establishes a single national database of telephone numbers of consumers who do not wish to receive unsolicited telephonic sales calls pursuant to 47 U.S.C. section 227 (c)(3), the office shall include that part of such single n…

Section 8. (a) The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of this chapter. Such proceedings may include, without limitation, an injunction, a civil penalty of not more than $5,000 for each knowing violation, but n…

Section 9. It shall be a defense in any action or proceeding brought pursuant to this chapter that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent unsolicited telephonic sales calls in violation of this chap…

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: ''Board of aldermen'' or ''selectmen'' includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing…

Section 10. Such petition shall not be acted upon, until notice thereof has been published according to law, designating the route with such certainty as to give reasonable notice to all persons interested therein that their rights may be affected by the granting of the petition,…

Section 100. A railroad corporation may raise or lower a public way to permit its railroad to pass over or under the same; but before proceeding to cross or to alter or excavate for the purpose of crossing the way, it shall obtain from the county commissioners a decree prescribin…

Section 101. A railroad corporation may alter the course of a public way to facilitate the crossing thereof by its railroad or to permit its railroad to pass at the side thereof without crossing, if, after notice to the city or town where the way is situated, and a hearing, the c…

Section 102. If a railroad is laid out across a public way, the county commissioners, or the department of highways in the case of a state highway, upon the application of the railroad corporation, or of the board of aldermen of the city or selectmen of the town where the crossin…

Section 103. A railroad corporation whose railroad is crossed by a public way at the same level shall, at its own expense, so guard or protect its rails by plank, timber or otherwise as to secure a safe and easy passage across its railroad; and if, in the opinion of the county co…

Section 104. A public way may be laid out across a railroad previously constructed, if the county commissioners, or the department of highways in the case of a state highway, adjudge that public necessity and convenience so require; and in such case, after notice to the railroad …

Section 104A. Whenever a person wishes to move a building, equipment or machinery over the right of way of a railroad corporation at the location of the crossing of said right of way and a public way and such movement will require the cutting, disconnecting or removal of any of t…

Section 105. A railroad corporation may, with the consent of a canal corporation, alter the course of a canal or of a feeder to a canal, which interferes with the convenient location of its railroad. If it is necessary to take land for such alteration, the railroad corporation ma…

Section 106. If, upon application to the county commissioners by the board of aldermen or selectmen, and after notice to the corporation which owns or operates a railroad, and a hearing, it appears that the railroad so crosses a public way other than a state highway as to obstruc…

Section 107. Every railroad corporation shall, except as provided in sections sixty-five to eighty-two, inclusive, of chapter one hundred and fifty-nine, at its own expense, construct, maintain and keep in repair all bridges, with their approaches and abutments, which it is autho…

Section 108. County commissioners shall have original jurisdiction of questions relative to obstructions to public ways caused by the construction or operation of railroads.

Section 109. If a railroad lawfully laid out through land without the consent of the owner thereof separates a portion of such land from another or from a public way, and the owner, having a right to cross the railroad, cannot agree with the corporation as to the place or manner …

Section 11. Every charter shall confine the railroad within the limits indicated by the notice required in the preceding section, shall specify the several cities and towns through which the railroad may pass, and shall otherwise designate the route thereof with as much certainty…

Section 110. If by the laying out of a railroad, or the widening thereof, a person is cut off from access to land owned by him, and has neither received compensation nor made an agreement with the corporation relative thereto, the department, after notice to the parties and a hea…

Section 111. A party aggrieved by a decision or order of the county commissioners in any matter or proceeding arising under section one hundred and nine, or section fifty-nine of chapter one hundred and fifty-nine, or by their unreasonable refusal or neglect to announce a decisio…

Section 112. The appellant, to perfect the appeal, shall, within twenty days after filing the notice thereof, file with the clerk of the department a petition stating the reasons for the appeal, and shall, within ten days after filing the petition, cause a certified copy thereof …

Section 113. The department shall hear the appeal in the county where it is taken, unless the parties in writing otherwise agree. Upon such appeal, the department shall have the same powers and perform the same duties as county commissioners in like matters and proceedings, and s…

Section 114. No right of way across any railroad track or location which is in use for railroad purposes shall be acquired by prescription. This section shall not apply to rights of way which existed on June fifth, eighteen hundred and ninety-two.

Section 115. A railroad corporation, after having finished the construction of its railroad and put it in operation, may build a branch or extension thereof in accordance with this chapter, if an amount of additional capital stock, applicable solely to the construction of such br…

Section 116. A railroad corporation, upon the application of any shipper tendering freight for transportation, shall construct, maintain and operate upon reasonable terms switch connections with a lateral line of railroad or private side track owned, operated or controlled by suc…

Section 117. If any railroad corporation fails to install or operate any such switch connection with a lateral line of railroad or any such side track and switch connection as aforesaid, after written application therefor has been made to it, any person interested may present the…

Section 118. A railroad or branch or extension thereof shall not be opened for public use until the department, after an examination, certifies that all laws relative to its construction have been complied with, and that it appears to be in a safe condition for operation.

Section 119. When a railroad or a branch or extension thereof is finished and opened for public use, the corporation by which it was constructed shall, within one year, file in the office of the state secretary a map and profile thereof, with tables of grade and curvature and a s…

Section 12. The route of the railroad of a corporation established by special charter, and of its branches and extensions, shall be fixed according to sections twenty and twenty-one except so far as they may have been fixed by special statute; and such railroad, branches and exte…

Section 120. Every railroad corporation shall provide for each drawbridge upon the line of its railroad an experienced draw tender, who shall have full control of the passing of vessels through the draw; and the corporation shall make and enforce regulations for each drawbridge c…

Section 121. Every such drawbridge shall be kept closed at all times, except while open for the actual passage of vessels. The draw tender shall at all hours of the day and night be ready to open the draw; shall decide, having regard to the convenient and secure passage of engine…

Section 122. The master of a vessel applying to pass such draw shall give to the draw tender a true report of his vessel's draught, and of anything projecting below such vessel's draught, and shall be governed by him as to priority of right if two or more vessels apply at the sam…

Section 123. Every drawbridge shall be equipped with conspicuous day and night signals, which shall be displayed at all times in such manner as clearly to indicate to the engineer of an approaching train whether the draw is open or closed.

Section 124. The railroad corporation may erect, at a distance of five hundred feet from every drawbridge, or at such other distance as may on its application be prescribed by the department, and on each side thereof, a substantial barrier, so constructed and connected with the d…

Section 125. If a drawbridge is not furnished with such barriers, and in all cases if by reason of darkness or otherwise the barriers or signals connected with a drawbridge are not visible from the engine of an approaching passenger train, the engineer of such train shall bring i…

Section 126. A railroad corporation which neglects to comply with sections one hundred and twenty-three and one hundred and twenty-five shall forfeit one hundred dollars for each day such neglect is continued; and an engineer or draw tender who violates any provision of said sect…

Section 127. Whoever violates any provisions of the seven preceding sections, shall, unless otherwise therein provided, forfeit not less than three nor more than fifty dollars. Whoever wilfully injures or defaces any such drawbridge or wharf or pier appurtenant thereto, or any ra…

Section 127A. The department of telecommunications and energy may exempt any railroad corporation or other person operating a railroad from compliance with any or all of the provisions of sections one hundred and twenty to one hundred and twenty-five, inclusive, as to any drawbri…

Section 128. A railroad corporation which has established and maintained a passenger station throughout the year for five consecutive years at any point upon its railroad shall not abandon such station, unless it is relocated under the following section, nor substantially diminis…