Section 53. A company, on petition of any interested party, may become a common carrier of newspapers, baggage, express matter and freight, upon such parts of its railway and subject to such orders, rules or regulations as may from time to time be made, established or prescribed by the board of aldermen or the selectmen, in this section called the licensing authorities. Any such petitioner or any company, aggrieved by such orders, rules or regulations, or in case of failure of the licensing authorities of any city or town to act upon such petition within thirty days of its presentation, may appeal to the department, whose decision, after public notice and hearing, shall be made within thirty days of the said appeal and shall be final. All orders, rules or regulations made, established or prescribed as aforesaid shall be enforced in the manner provided in section forty of chapter one hundred and fifty-nine. Any company acting under the authority herein granted shall be subject to all laws relating to common carriers in so far as consistent herewith. The authority conferred upon any company by said licensing authorities by virtue of this section may be revoked at any time by said licensing authorities if, after public notice and hearing, they determine that the public interest so requires; provided, that any company or interested party, aggrieved at such revocation, may appeal to the department, whose decision, after public notice and hearing, shall be made within thirty days of the said appeal and shall be final and shall be enforceable as provided in section forty of chapter one hundred and fifty-nine.

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Terms Used In Massachusetts General Laws ch. 161 sec. 53

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.